Loading...
HomeMy WebLinkAboutM2014-004813!�— 107 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast District Office e� 200 Occangate, 1 0th Floor Long Beach; California 90802-4416 (562) 590-5071 FAX (562) 590-5084 IMPORTANT PUBLIC HEARING NOTICE COASTAL PERMIT APPLICATION PERMIT NUMBER: 5-14-1108 Page: I DFPe#,pk1 r 24, 2014 COMMUNITY OCT 2 7 2014 APPLICANT(S): Rocky & Julie Dixon DEVELOPMENT Z- Op DESCRIPTION: f �� N PO�� Demolition of an existing single-family residence and construction of a new 2,810 square -foot single-family residence with a spa,landscaping and repairs to an existing seawall. PROJECT LOCATION: 107 Harbor Island,Rewport Beach HEARING DATE AND LOCATION: DATE Friday, November 14, 2014 TIME Meeting Begins at 9:00a.m. ITEM NO :178d PLACE Ocean Hotel & Spa 280 Capistrano Road, Half Moon Bay, Ca. 94019 PHONE (415) 407-3211 HEARING PROCEDURES: This item has been scheduled for a public hearing, and vote. People wishing to testify on this matter may appear at the hearing or may present their concerns by letter to the Commission on or before the hearing date. The Coastal Commission is not equipped to receive comments on any official business by electronic mail. Any information relating to the official business should be sent to the appropriate Commission office using U.S. Mail or courier service. AVAILABILITY OF STAFF REPORT A copy of the staff report on this matter will be available no later than 10 days before the hearing on the Coastal Commission's website athttp://www.coastal.ca.gov/mtgcuff.html. Alternatively, you may request a paper copy of the report from Shannon Vaughn, Coastal Program Analyst; at the South Coast District Office. SUBMISSION OF WRITTEN MATERIALS; If you wish to submit written materials for review by the Commission, please observe the following suggestions: - We request that you submit your materials to the Commission staff no later than three working -days before the hearing (staff will then distribute your materials to the Commission). - Mark the agenda number of your item, the application number, your name and your position in favor or opposition to the project on the upper right hand corner of the first page of your submission. If you do not know the agenda number, contact the Commission staff person listed on page 2. - If you wish, you may obtain a current list of Commissioners' names and addresses from any of the Commission's offices and mail the materials directly to the Commissioners. If you wish to submit materials Page: 2 Date: October 24, 2014 IMPORTANT PUBLIC HEARING NOTICE COASTAL PERMIT APPLICATION directly to Commissioners, we request that you mail the materials so that the Commissioners receive the materials no later than Thursday of the week before the Commission meeting. Please mail the same materials to all Commissioners, alternates for Commissioners, and the four non-voting members on the Commission with a copy to the Commission staff person listed on page 2. - You are requested to summarize the reasons for your position in no more than two or three pages, if possible. You may attach as many exhibits as you feel are necessary. Please note: While you are not prohibited from doing so, you are discouraged from submitting written materials to the Commission on the day of the hearing, unless they are visual aids, as it more difficult for the Commission to carefully consider late materials. The Commission requests that if you submit written copies of comments to the Commission on the day of the hearing, that you provide 20 copies. ALLOTTED TIME FOR TESTIMONY: Oral testimony may be limited to 5 minutes or less for each speaker depending on the number of persons wishing to be heard. ADDITIONAL PROCEDURES: jue move item maybe moved to the Consent Calendar for this Area by Executive Director when, prior to Commission consideration of the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If this item is moved to the Consent Calendar, the Commission will either approve it with the recommended actions in the staff report or remove the item from the Consent Calendar by a vote of three or more Commissioners. If the item is removed, the public hearing described above will still be held at the point in the meeting originally indicated on the agenda. No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate Commission office can give you more information prior to the hearing date. Questions regarding the report or the hearing should be directed to Shannon Vaughn, Coastal Program_ Analyst, at the South Coast District Office. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Repair and replace existing seawall. Construct a reinforced cantilevered concrete deck atop the coping of the new seawall. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to tinal approvai. Prooerty Address: 107 Harbor Island Road Legal Description: Harbor Permit Number: 135-107 Plan Check Number: 1448-2014 Applicant: Rocky & Julie Dixon Applicant's Mailing Address: 115 Harbor Island Road Phone Number: 949-718-3528- Patrick Austin I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: X Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resources July 7, 2014 Attachments: Worksheet for Building Permit Application Drawing Page 2 of 2 Print Form F __ Comm'I ;}Residential Worksheet for Building Combo Permit Application City of Newport Beach - Building Division NOTE: PLAN CHECK FEE DUE AT TIME OF SUBMITTAL_ �FWPpk? U\ rS ,t Building r Grading Drainage Elec I-- Mech I Plum Cu Yd Cuti . At D Cu Yd Fill Project Address (Not mailing address) - �(jNFloor Suite No 107 -1-1 o4 15Z_AAJD P-0 CF n,.,_ Description of Work � - ___ Use � - # Storiesi # Units (if Res)! valuation $ MateriaULaborf:_:._15 t . ------- -- - - - -- - - -- - New/Add SF 222 Remodel SF Garage/New/Add OWNER'S NAME-------------------_._..--- LastI XOAJ ------------ --_. First ; Owner's Address � __ _ _-- _ Owners E-mail Address _ ``Sv fL�►2-.toe. `SLED .+zos�z�-- City�w�Op�T ���/ State I G Zip �2�3 Telephone APPLICANT'S NAME Last AUsZ'!) First; Applicant's Address Applicant's E-mail Address City State i Zip l�Z� Telephone' W-1- 7J0 ARCHITECT/DESIGNER'S NAME Last GNIr-125 First G-(AYTHI1'� Lic. No. C -ZZ`ff S Architect/Designers Address Architect/Designers E-mail Address 2732- L-�15T Cg95T 141,WL-11Y SLi � GGH1LF75 G� GG��2GNr1EG7 -Gor�l City C j2O� rA StateZip i Telephone 352- o ENGINEER'S NAME Last First �- rf�� Lic. No. Engineer's Address Engineers E-mail Address 2 3 u rrc 25O City �Y-�'dQ�3J State `�¢ Zip 50 Telephoned CONTRACTOR'SNAME/COMPANY - -.� _ Lic. No. Class Contractors Address Contractors E-mail Address r City. State i Zip ; Telephone ENERGY PIC FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE 5 PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT # TOTAL FEES PAID $ ,kc, l4* -20 a l9`d .Ct P� ® 996L - 908 IE091 'au04d Nouvn313 a mna 3is 4EOL6 NO 1060-80 eller sse: Is sl a 1%'m a 099Z8 Ya VOW38 LUOdw3e S833NI9N3.1"rLL70PLLS 9N111MO3 - v 9LL-A ounS `Leek;S gists 'S EEE Or09 aNVIS1 9099v9 cot o uOX1Q Sunp 8 R7100H 'Bin v *AW 'SNI 'S LS uVSSV T �tv calvaoi V38 313tlaeoa NOSdINIS INVI'I7IM iNvonaav / a3NMo wa xiui rnrwras 03soao9a TE a tl Al _15 0 -- Io, LL Z J ga ---- r �a O �E9`mSS -R N aW age IL 4. S Ad sa^ —Ar W� em FQ Se AM e ' I 0 :ms S CLCO s, LO LO cm cr ice.. ♦'�.a vy w 0 11 cr �_tmW r U[\lin'/Z c O 6�! d cf s d xix I x I 1 1 J d x ` W F s W O o i I 8 €m = S 1X1 il Na y S gq m9. eo Nm 3m X mi u€ NZ I x S F` - € k Y �'yN6 i uTu�.6.6 X €< ufi 8i& I & gW ffi¢ :e X 'gG am s"� €pw 3$S EBF Sz '.4 I I m'k' 3 2q; CN I N. 03 a :8 - Ad sa^ —Ar W� em FQ Se AM e ' I 0 :ms S CLCO s, LO LO cm cr ice.. ♦'�.a vy w 0 11 cr �_tmW r U[\lin'/Z c O 6�! d cf s d I ( J d � ` W F s W O o W 3IST 11, Z Q jz �W o� � a zoo axxw - p �Al p a r r m 1� # 4i C Q I # I i'�fi . Y g D -L s Ad sa^ —Ar W� em FQ Se AM e ' I 0 :ms S CLCO s, LO LO cm cr ice.. ♦'�.a vy w 0 11 cr �_tmW r U[\lin'/Z c O 6�! d cf s d I ( J d � ` W F s W W 3IST 11, � s" - p �Al 1� # 4i Q I # I i'�fi . Y g Ad sa^ —Ar W� em FQ Se AM e ' I 0 :ms S CLCO s, LO LO cm cr ice.. ♦'�.a vy w 0 11 cr �_tmW r U[\lin'/Z c O 6�! d cf s 1 I � I I d I ( J d � ` W F s W W 3IST 11, � s" - p �Al Q I I D -L 1 I � I I d I ( J d � ` W F s W 1 I � I I 1 I 1 I � I � s W W 3IST 11, � s" C: ® e 996L - 908 MOSI 'eo09d dVN A1INIOIA A S31ON IVx3N30 100x15 � •'Qi� F—d 46016!!O oBeluap e�a1I...I a�Y.,099M YO'NOY3a 1HOdM3N Sx33N10N3 Itl 13miLS0NI1lOSNOO ,' A 0'M.S9LL-A ainp, 'Le ifoojjS ii 9j •s see OYOU aNYISI N09UYN LOL o uoxla BIRO('. *� 6>I9°y 'SJw g 'lw SNI `S31VI�OSSV 'P1X . ,a =ir a3Lrool yoga 3L3xoaooR'OSdI1IIS HVI77L11;.p 1NVOIlddV / 63WO m1I3A3T1NVO NLA TIVA S 0360d011d9119IV �. G , is ogk WAR 8 a�• Bei "a bb b bbbbbj �bbg a L� - Rge� € - € a Baam LI 0 WilR1 R �4 $ k e o j � W ;is El is 4ia baa € oda so A^r ga0� 30 d t �as €a d INA �s X30; late" ae m S a3$�a�getAags'a§1�k •ow z' p fn": o waw f ILL s ea�a51zs bm'a E`F 56��g��ages@'sas�..�ua�du5axu���aEt'.. p 3W„g ~ aw Aga s : a s O—exW € �s 06 Z g 3g�s Y Y j' se6 F' a$ '2'�2ppj2 0 �399xb 3e 'cHiiii'a N HAMA A=s � I a IT =ms 1 a.q_”=jbe �12X15 Nil, 13a`s W aI # aax qg= 0 KL 9d£ ffl' 95 a.aaa "a as1111 3 bd �3�� A a m ° # gs"gm M, sN#s b� tt� a gib IIt3e ee F 3 N< a deo. gp6a6aE 'IsE a W = # as m aeaa<I1aAy� $seg RA`p S e ` £ m�w e;ga s€ WB =a" ya _b4$sS� ;va g e Abg4 aI#aL; 3g� &q �gmmz� is ��� & _�" �a�'Sxa jx�g�gg@xasa"��aai< gaff a bac a ¢ W 'skcI6=gb &�aE a egg"€Ea o mg 3j�a. gb 5 b b=a " aaE p�j� a m g A Xfax#�b� am 3 gm�a�z<B F r a ®jg�=#e k #�3e A L ;!I s'Sa �Lgg�" ' Ss z g I a ¢$ ac�a€=�€glGig<�s#VFa�gg�a i<3$9a�m Wmaraaeaggl§§000#a= v a �a =Bg�E sa°ens ba< z egg yfl1 �6a�".Sad�Nza�L?:aa€aasAURI m -15MMilijill t- sa 1�5,9 A 11111 SSam'xm..h9� a2��A�$�$��Laboaasa gaam u-.5 �a �A y LLgg§ q"a PHI. '4®4 £ s €q a LL,x "jjgJ."W =so gs-¢ 9aun a a s L a leg �8�44 X.8-1 mp"B#.6 €'fig �g � ; gaa�i<=3x = € A € " 3aq w .nose a r�= bagg "�s8as -RE S. s ms gip@@g; In # s �=<ff Q"o�aFSea�"A Aa��e od Sega` g$s:# A ayo'ac;+ggU€ y xs=- qg �a'sabe#RE I=aSGag�.�x a€��b��e�; $ @ �m a aRwwas�a Z S�<R a a e � 3g 's�#5#g a' �es'as. a S� g'.Msc^<_.: god. Ia# fie 'egg a mme"El d �€Assx`€3xssx y aaa$ "aq= nshaaD egmflocy �EN�eq a�3z§ o"aN o s 1m °eS gm3 <S�;Wt a€ V. S =#sm"q :ga"9q" e2-k0, emggxa'�s€� gz M-Mg a =@3s@ LiI @gg€aag1 mg '# FROM ssl iNRaa _ .Qs=°gj.eagZ _o 5Mga Cc ga�basboaa���F 1d€&^< mo#aa6s1s1AK!79s:1za LU sg"�a lid ♦./ s=e ISW# 9n s A 0 bga bga€ 7 =a# B - '-b 3 x W x a€ a a ma < J o<j s awm d ' ' o H b Lb M" HAS gale s 3" a xx€p JR e "g< 3 £ ogam _ < tee " �o W a# ego s€ gg o3�s� m FRA. a "I aabz tasz < e" ' "x Aa o ax�n = @3"$ _€ ' s - €=€o Rsax Q i ��_ a zA�m 4T.2 a Mg �"€ ggga e,== o gd � � ¢`� � y � seE� 's <`€gra ss£� m a Waas�a � I= o �� ._@$ b g� "gg ge�.gsa� x €€ #sem' € EY`b =� �'ag= €gym` � A.b�ac�z� IN Wa "1=�amega a a ni= m s Y< sh e" 121g " 1, . >� q b is " ,F=m amg c a g¢ —aw �F f " ;a'€=a U. g s �g a z g g =s asa" sa �a< ° g€m EgaAS% a- byte o ' sg gLLa oda =etg # @ ea g� go } o os„A =s #aa� � t £ s.�g V ab ys z dm>q3n j',ri €Hi > n"<ni f = Cef Y, g $.. s e < �a .a Yo'� n=Hx� m x E- q e z S �ato.�`sss=43g� -gmt€ a ga-a z3.'aN _g liar also g s 9qq a=_�a9 0 a "ale „aW��"s= " o a=b€ s qpm elgmB<zw _ ” q"�a�e� §g_ A ,� "" a,� '€add ax�.a of4,a 's ag x B g sq £W # spa=4'a,=3 d"; tyyF€=gym A "€a aq O"a' 9 � � s< sg. �4txWa ��agx�Sb� mxq � �_ --whag Fn=x-�®glw�� V ooS$ sys a a £; Q �g=d bs ,im 9e a a �6 ARaAgo-a@ qa-� Wmo a g>a4 3�FA$3AsI€e a S. €x g'g a ^3n'Wo 3 s s "s " m " e S aab"3o" sas w a9S �a•GaAE�" ffid "IE asaa � ' a w� a a£ @ o :g"g �gm gm"a=* >zg� a €$ €R< 3m dao CC - S �3;� ��ma's�a�a'as�e sS: " jnsa# S� "a&3 spa, ibgaxA �ggg a��g�x ag�y`�a�g�a`�s=��a a£�wasa-moaH q< a �o b m3sFa VFaa aeq;€ °W= I A = "_ s<y s€gas €� + a =s " a F # �aF"=F a " a" x '.�€ Baa LL ba sa o= a=b�s€bgaye;a-' i I a z Iq�'"a°ss� rsW� gq�°"deg a"€�� °2 0€�€� " �SgaS�a ;w@§aoSo r z a"a �g �ao<ga= a I-€aq, °z Fg aa$—�zva�s"�3°=5k e� Zae� ��o3ammgg£y:�zatl�?g@� �<S� sdgM m o €S€gig E`s S x t e g qqa � �=e A�as��a€I.�ae<€Aa;gff� gag oa�a SegS3¢sx�€gaa7�xas$5'ba3_ W�aaa Q�3s� €g���a�� s �# <m ao q a; .=�a W"qm ggSal"3 i6 4n = € s :gzy:t g gs� a. ag"$a a "€aae € a e ; a re kA e o bk a g� t==xs ao< n WgSbsasg€I sae �s." " a j<€Na a ue a �— 11 aaI£=�e8"sq $ # i b qs3 n �= a € sa o %a2 a5 bag a s -m g IWC a €:=gs;�gS#Se bag a a �_ U s- 9% AS " #ai eft gjAy a" € ax am est s as": 3a aag 4 a =fig z�"wsge x®gabngg `a a as 6-2 A0gs EVE as .�' :g 3 'jar ;eget "s a gxoa€'Sq ��� sW � ee s= =€=b-; s sn" a#a 5= �qe e a g�a$�m� �j',a"�:e91aR�eEj!a#�Seesm'ee bpp1a $ �s'"�s 9abg; € B g=a6 4�3i 15 q3i bya b-g q. "q "o @1 -gI alae o YgS ae® aw4ns£31 gmI �y-�� �dR6ig,a�9€b-#Aaa Bks;=€aa asp =6gg�ga'�� a9e e €= NM ajdlaq,# 3==a� �b N las€S"b�& n.a slFa� '° " 4a9§i.g a" a ag"a # -"B. a �3S €c�e3 a� "es € a"e= �i NIS d MON.' 6� 9I � aE�„e=g ages €�s �a�§=�<” � ��� #e> ° ab� „ ash'»aa5�#a= s � m a�i:A�iSea�"ta #aS�c A- �� � " gW" 4`bn< ea �" e���§ g a$ amsar s aels:go�i x� oa= gW S ;ase�b=s�7ga� �, A� g�aa a9's gge�a��6ggnagA�eg@e'g@�,�eN�€` o alb��eSaeasA�p� _H1 s=y z as=s Y y 3 9 9 = 99 a�aA#aaa9�a asi#eaa = 8 l�agal06HO aam #aa# a. so�lg g � 'o i ga=ae `seaagg aas I ? ql; ° " .. . n a ® e _ 6v 998E ' 908 IE091 `80013 SNOLLtl0N3YIN003M ItlJINHO31030 e zw r m 9LL-A 9;ing `;BeJ e B i$ L LS •S- EEE NQXIQ e1inp g ApoU •SJw •Jyj - 1NVOI1ddtl / 1131]0 SN33NION3 ivmrLL3nHLs ONILinSN00 .3NI 'S31VI�OSSV 9 NOSdHIS LUVL77IM i i4' , s;,.,,+= ro'MS 08836 W'NOV3e "OdM3N •pYOtl pNY7Sl NOetlYH LOt 'ir anv3oi 3J3a am3woo a3X3d311Nr0 II11M —v36-eOdOHd o o 0 9LL9 m. } Ult t 1 fx}3ETfr 2�§FidT Fl g {5 NA Iso i IIIe 6 ji i��i �l d 502 3 2 a imp" � Y i}� iJ a dfg 1i2 �f£Jf 3#3 E 3 !in - JjFfg } eHIP . r� as -: �5 ! d} � d !!i ...... Jo e; ilk iC#3 toll,EF§'Qe3i d 3xf; 3i ' #f/ S !� i i �l } s o #1 1.t}43 9- ff}}4�f7 § � is •d,� Yq t-; #� �'}i}StH� � �1 l � a z �� ft _jE j§. `3 ;$ 1z z i s l i f i} x� t;� J �111J111 " - d e d3 F1 Y _ +p �g ff -; s z§5q 1}i;ff r 7x73 zis I aq€Him �H IN ; d 3-- Y 3 i � � - yy �_i 1H } Jt,z� d -t i - a�;F3 kga Ulu L� ;Yif all Sddy 44 e g yd�� '• ' i' i i 'fid` I@493,"� T}! q { a t Illyf€# f3 ; d �dt 3;i p HI di$} 3 z i >.,a � i } 3d of 1 RUN yf 'RU 3i§ s I5���'i. z 3 d{ � P. as qz; z i eE $ ij - F ?a z f z 7' � . 9g; ,i it � q$- -F a� 7H x i '9.j 11 E 1� fx1 #� z� s9�$Ra f 4 i iEq#S f All Sti df si3zix39yd¢ 'eC - }� z _ d3ssi. }}. I £ # §s , H 4J 9 f9s Si� -}s �� ,3 S3 a -tt f+ f cz S SQfy iaf ' 9xf`s gg a l 5a'#'s § d z j i€ 3 $� _ s ull! W is 111 HIE-It - A - d3 3 'fi q! g �Ir - � i �l� � i f y , 3 IT� MIT � s+ BQ�s� Ili#tf yy da � ��9�`� �� €?� Fd ' E d'� lf�];7 {{€ S 7` # d;qdam{{ ell qS I'ib lit loll -3 h 11 3 T fT� �a211 x z ZaE3 s c�33 l�iai? 5 � gp� '� i�SL@ � s "}� #�if�43 � $g y � �a i�il�3 S f d z i H HimIll Aji �` i xAUI� € a, g z ni i lit" 1• }� �i �x�? f 7 Yx3.: ' r i3 3sz �`$'3Pis' a :, 7 Si �s JLQ d fft �2 _,5 e s e 996E 909 (COSI 'eu04d smum _ems ass„ u53mn:b� osz Ln"-a" - +viy� • "'— 46016 NO lose-so Omni 9LL-A a{IBS {Bel{g a{BLS •S CBB UOYIQ ellnr g Apoa 'sjW g •Jyj - 1NVOIlddV / WWO zse mz Is.cl d i� eSH33NION3 IYNOLonas ONIMSNOOz 'SNI 'S31VI30SSV 'v NOSdINIS NIVI77IM •g1 -- OBBZe YO •HOY39 1tlOdN M3 OYOtl ONYl51 tl0H0dBHVH 3N •1Y d31Y001 NOW 312V=00 03tl3A3Y1NY0 HIM TIYMY36 0360d0Wd 0 o p p 9119 �.. e!o .k .sr+ .l � -.Tie S�NZoB �p�`6 s a W� oh!90 =oss�s�.: 10, S5 �gg 99 aags�wW 3 ISM b Q - fig_« L—, AMMURL—, 3� ' ' 1- I 1 � I L I wai I I I W I , � I I I m F I 1`II 'zu m I � i I m3 - I g6'< - I poli- I I ' � � 1 I I I I I ' I I , o d o , _ i ko------------ o ryge n€ $ 3e i �in i l k_ S o wg k� _tlo : I81 WE G. - 0 1H Hv13e Ib63U .0-.[ 03eM13 Mh .0-.01 � :.0-41 fi LL `=28a aB6 8 3g@ ko Y4_ g EbbS m 3g<y{gW �� ��m mi d = a� ISL rl%p 3 q F g W` tl4tN uzn,`j�{ 0 gifH C� = �< _Z O _ ____ __ ___________J _________ - W OC $o s W O W S be 0 bd O Y 6 V 5„g B. rnM 1Y xouaa S DIVE WORKS (949) 759-0773 107 Harbor Island Rd P.O. BOX 21238 Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 2014 Pat Austin Cynthia Childs, Architect 2732 East Coast Highway, Suite B Corna Del Mar CA 92625 (949) 718-3528 Cell: (714) 322-6616 Subject: Pre -Construction Eelgrass (Zostera marina) and Caulerpa (Caulerpa tax/folia) Survey Report at 107 Harbo Island Rd., Newport Beach, California 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 -Construction 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, R�I�u�J DiveWork@gmail.com (949) 759-0773 PRE CONSTRUCTION SURVEY Page 1 of 17 DIVE WORKS (949) 759-0773 107 Harbor Island Rd P.O. Box 21238 Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 2014 Rocky & Julie Dixon 107 Harbor Island Rd Newport Beach, Ca Cynthia Childs, Architect Costa Mesa, California Pre -Construction Survey Survey Conducted by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRE CONSTRUCTION SURVEY Page 2 of 17 List of Figures Figure 1. Location of 107 Harbor Island Rd., Newport Beach, California ..................................................................................................................... 10 Figure 2. Dive transects, eelgrass presence, quadrat location in dock slip June 27, 2014 ................................................................................................................... 11 List of Tables Table 1. Tides and Currents ........................................................................................................................................ 12 Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats in the dock slip. Evaluation is based on quadrat reading of left to right in Figure 2. ......................................................................................................................................... 12 Table 3. Bounding Coordinates ......................................................................................................................................... 13 Surveys Caulerpa Survey .................................................................................................................. 14 Eelgrass Survey .................................................................................................................. 16 PRE CONSTRUCTION SURVEY Page 3 of 17 DIVE WORKS (949) 759-0773 r P.O. BOX 21238 107 Harbor Island Rd Newport Beach, CA F,l�2 Long Beach, CA 9oso1 Inc, ,t.►� Pre Construction Survey June 27, 2014 CONTENTS Introduction 5 Location 6 Purpose 6 Survey Method 6 Bounding Coordinates 8 Description of Existing Habitats 8 and Conditions Findings 10 Discussion 10 Conclusion 12 List of Figures Figure 1. Location of 107 Harbor Island Rd., Newport Beach, California ..................................................................................................................... 10 Figure 2. Dive transects, eelgrass presence, quadrat location in dock slip June 27, 2014 ................................................................................................................... 11 List of Tables Table 1. Tides and Currents ........................................................................................................................................ 12 Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats in the dock slip. Evaluation is based on quadrat reading of left to right in Figure 2. ......................................................................................................................................... 12 Table 3. Bounding Coordinates ......................................................................................................................................... 13 Surveys Caulerpa Survey .................................................................................................................. 14 Eelgrass Survey .................................................................................................................. 16 PRE CONSTRUCTION SURVEY Page 3 of 17 DI`lE WORKS (949) 759-0773 P.O. sox 21zs8 107 Harbor Island Rd Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 2014 PRE -CONSTRUCTION SURVEY Introduction. This current Pre -Construction Eelgrass survey was conducted to determine existence of and potential impacts to eelgrass habitat with project site. Proposed project is to replace existing sea wall with Jetted Concrete Panels. Even in cooler waters, 61' deg F, eelgrass is growing faster than what would have been expected in this area (average water temperature range is 580-620 deg F, see Description of Existing Habitat and Conditions -Temperature). At time of survey water temperature was 70 deg F which is warmer temperature which promotes eelgrass growth. The following report will detail the eelgrass habitat expansion and address some of the reasons for this expansion. It is noted that we are still in early summer and summer temperatures are being recorded above average. Based on these findings it may be assumed eelgrass will continue to increase in density and area. 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). Location The customer (Rocky & Julie Dixon) at 107 Harbor Island Rd., Newport Beach, California is proposing to replace existing sea wall see Figure 1 below. Purpose This is a Pre -Construction 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 to comply with the SCEMP. Survey Method The survey was conducted on the following date: June 27, 2014 beginning at approximately 0800 hr. The survey day was overcast with an air temperature of 77° Fahrenheit (F). Water temperature was 70° F. PRE CONSTRUCTION SURVEY Page 4 of 17 DIVE WORKS (949) 759-0773 P.O. Box 21238 107 Harbor Island Rd Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 2014 Pursuant to SCEMP, Section 3 for "Mitigation"', eelgrass habitats and surrounding potential habitats were measured. 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 the potential eelgrass habitat within the dock slip was completed. No additional quadrats were felt to be needed to provide reliable survey results of the potential and impact area and changes that could occur in the future. A total of 9 quadrats were placed in approximately 5,000 square feet (1,524 meters square) of the sample area (i.e., dock slip). The sample size was believed to be adequate because of the pattern of the eelgrass between bulk head and pier head lines. Expected eelgrass patterns, although ever changing, are expected to be fairly similar. For the impact area under at the bulk head to the beach head (approximately 1,200 square feet) was dry land at time of dive. Area dove where water was present was approximately 3,800 square feet where a total of 9 quadrats (V foot square) were taken as samples for a sampling size of .2 percent (9 square feet sample size/3,800 square feet area of potential impact Refer to Figure 2 Table 2). Thus, the largest sample area would be where it is important to measure impacts of the eelgrass habitat in and around existing dock slip. 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 the gangway within the dock slip. (Refer to Figure 2). As described above, a total of 9 quadrants were placed within and around the entire dock slip (3,800 square feet of water covered sediment). Each quadrant measured one square foot (0.3 meter) and was used to measure eelgrass density. They were placed in depths of 2 feet (0.6 meters) to 8 feet (2.5 meters) depending on time of dive (Refer to Figure 2). 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 to were eelgrass presence is considered to be the most likely area to support suitable eelgrass habitat within the surveyed 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). 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. 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 CONSTRUCTION SURVEY Page 5 of 17 DIVE WORKS (949) 759-0773 P.O. sox 21238 107 Harbor Island Rd Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 2014 The survey area was delineated as 80 feet by 60-80 feet (5,000 square feet approximately). Diver transects were parallel to the sea wall starting at end of dock to beach head or 60 feet out from beach head, thus 12 transects (2 divers spaced approximately 1 foot apart. Lanes ran parallel to sea wall and the width of each lane was 5 feet wide) were conducted (Refer to Figure 2). The survey was conducted covering the entire area to ensure >75% coverage of bay floor. A 1' square (0.3 meter square) grid was used to take quadrant samplings. (Refer to Figure 2 and Table 2). Based on location of dock slip and eelgrass habitat, 6 of the 9 qaudrats were placed at each eelgrass location in and around dock slip. (Refer to Figure 2 & Table 2). As per the SCEMP and due to the size of the dock slip, 3 other potential eelgrass habitats were also measured at or around the head walk of dock slip. Bounding Coordinates Bounding Coordinates for existing eelgrass are calculated as per requirements of SCEMP and are listed in Tables 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 107 Harbor Island Rd., Newport Beach: Depth: Depth ranged depending on time of survey due to tide from beach head at sea wall to 8 feet at end of survey area at a length of 80 feet out from sea wall. (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 between the water bodies. Light: Within the dock slip, visibility was 3 feet 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). Detailed analysis is not available due to lack of financial resources of the land holder and the size of the project. 4 P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part III. Seagrass Habitat Model. 5 Richard F. Ford Ph.D. April 4, 2003. Recommended Options for Maximum Water Temperature Limits and Minimum Dissolved Oxygen limits at a Compliance Point for Discharges from the South Bay Power Plant in San Diego Bay, Necessary to Protect Beneficial Uses PRE CONSTRUCTION SURVEY Page 6 of 17 V, woR DIVE WORKS (949) 759-0773 sox 21238 1 Newport Beach CA Long Beach, ca 90801 Pre Construction Survey June 27, 2014 Salinity: Salinity would be expected to be the same in the dock slip as in Newport Harbor. Temperature: Water temperature variation ranges from 580 to 62° F in Newport Harbor (Refer to NOAA: Water Temperature Table of All Coastal Regions). Water temperature can likely be higher due to factors not observed in this survey such as water temperature of tides entering and leaving Newport Harbor, or the direct effect of warm day time temperatures that did occur during the 2013 eelgrass growing season, thus, resulting in a higher than average water temperature of 700 deg F for this Pre -Construction Eelgrass 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 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 6.1 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 April 4, 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 Beach Head and 8 feet, while the depth of the potential eelgrass habitat measures 4-8 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 dock slip does not have any low tide exposure and an all day sun exposure. Slope: Slope descent increases as distance increases from sea wall. The slope of survey site bottom depth starts at sea wall where the depth is +2 feet (Refer to Figure 2) out 80 feet to a depth of -8 feet for a total difference of 10 feet. The slope from sea wall to beach head is 10 percent. The potential eelgrass (eelgrass absence) habitat slopes from 20 feet (0 foot depth) to 80 feet (8 feet in depth) and has a slope of 13.3 percent. There is little difference in slope between the eelgrass habitat and the potential eelgrass habitat. The contour of bottom is a slow descent from sea wall at a slightly increasing rate but paralleling the length of the sea wall the contour of bottom and its depth is uniform inside project site. 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 piles -5 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 CONSTRUCTION SURVEY Page 7 of 17 DIVE WORDS P.O. BOX 21238 Long Beach, CA 90801 round rays (Urobatis halled, rays)6. (949) 759-0773 107 Harbor Island Rd Newport Beach, CA Pre Construction Survey June 27, 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 dock slip. (Refer to attached Eelgrass Survey Reporting Form and Figures 2). This Pre -Construction survey found eelgrass distribution patchy on June 27, 2014 (Refer to Figure 2). Eelgrass density and uniformity with the beginnings of migrating into potential habitat area around dock slip (Refer to Figure 2). Density and length throughout survey area was also uniform with a slight decrease in length and density of eelgrass after the 6 foot depth. After the 8 foot depth mark no eelgrass was observed while diving further out from the sea wall towards the channel. Near sea wall at the 4 foot depth and going out to the 8 foot depth, eelgrass was approximately 1- 36 turions per square meter and approximately 6 inches to 3 feet in length. The density varied throughout survey area and did not appear to be dependent on depth. Due to murky water pictures were blurry, nothing observable. Sample quadrats are depicted as blue stars (q1 through q9) in Figure 2, that helped determine eelgrass distribution, eelgrass density in relation to depth, and eelgrass lengths, including sediment type, slope and contour of bottom. 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. It was felt in this report that a trend be shown regarding eelgrass density and distribution in order to determine if eelgrass is receding, staying the same, or expanding. 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 future. Thus, a selection of sample size and evaluation of the quadrats are of primary importance. Second, it is important to know this Pre Construction Survey report is for the purpose of permitting the replacement of this properties sea wall. 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 CONSTRUCTION SURVEY Page 8 of 17 DIVE WORKS (949) 759-0773 P.O. sox 21238 1 Newp0rtt Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 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 680F (10 and 20°C). However, eelgrass is known to survive with a lower tolerance level of 21°F (-60C) 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 grow in persistent fresh water. A salinity range of 10 to 30 parts per thousand is optimum for growth.7 In general, low circulation (<5 cm/second) to medium circulation (20 — 40 cm/second) is considered an optimum range of circulation for eelgrass to grow$. Circulation may increase in the main Bay 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 sea grasses 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. Based on my experience of conducting surveys in the Newport Harbor, a pattern exists where it is common in some areas of the Newport Harbor for eelgrass to grow under gangways. My observations indicate that eelgrass grows under docks with gangways having a north — south orientation and allows for the sun to shine underneath the dock a large part of the day due to the angle of the sun overhead tracking in a westerly direction. This survey does not show this trend. 7 California Department of Fish and Game. State of Fisheries Report (2008). s P.L.A. Erftemeijer and K.E. van de Wolfshaar. May, 2006. Ecological model of the Lagoon of Venice. Part III. Seagrass Habitat Model. 9 Shepherd, S.A., A.J. McComb, D.A. Bulthuis, V. Neverauskas, D.A. Steffensen and R. West, 1989. Decline of seagrasses. In: A.W.D. Larkum, A.J. McComb and S.A. Shepherd (Eds.) Seagrasses: A Treatise on the Biology of Seagrasses with Special Reeference to the Australian Region. Elsevier, North Holland, pp. 346387. 10 Green, E.P. and F.T. Short, 2003. World Atlas of Seagrasses. Prepared by the UNEP World Conservation Monitoring Centre. University of California Press, Berkeley, USA, 298 pp. PRE CONSTRUCTION SURVEY Page 9 of 17 Conclusion DIVE WORKS (949) 759-0773 P.O. BOX 2123$ 107 Harbor Island Rd Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 2014 A total of 9 quadrats were placed in 107 Harbor Island Rd., Newport Beach, California. Six of the quadrats were placed in the eelgrass impact zone (Refer to Figure 2 & Table 2). 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 under a portion of the dock slip cannot be specifically identified by observations or anecdotal accounts. Figure 1. L PRE CONSTRUCTION SURVEY Page 10 of 17 PRE CONSTRUCTION SURVEY Page 11 of 17 9� -C. WoAk si G s� DIVE WORKS P.O. BOX 21238 Long Beach, CA 90801 (949) 759-0773 107 Harbor Island Rd Newport Beach, CA Pre Construction Survey June 27, 2014 Table 1. Below depicts tide at + 1.0' ft MLLW during the survey. Additionally, tidal variations are also included. June 27, 2014 NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Statlonld: 9410580 Daily Tide Prediction in Feat _ 6.80 Time Zone: LSTILDT 4 5 6 0.@A Datum: NILLVJ 9 Length of Turions 8" - 2' 10" - 2.6' Date,[���v Tittle tlg� .' 4.60 46/27 Fri 44:27 AM -0,64 L 3.80 46127 Fri 14:54 AM 3.85 H 2.00 46127 Fri 43:39 PM 2.47 L �y 46127 Fri 09.49 PM 5.91 H x.60 06,128 Sat 44;59 AM -4.54 L 2- 0.80 46128 Sat as 11:28 AM 3.87 H z 15-36 -1.00 46128 Sat 44:14 PM 2.12 Li 88127 05127 00/27 96/27 no/28 A6/28 06/28 05/28 86/23 46128 Sat 14:22 PM 5.72 H' 12an Can 12pn 6pn 12an Ban 12pn Opn 12an __.. Date/Tins (LST/LOT) Bac Table 2. Baseline evaluation of depth, length of turions and density of turions in quadrats in the dock slip. Evaluation is based on quadrat readina of left to riaht in Figure 2. Quadrat 1 2 3 4 5 6 7 8 9 Length of Turions 8" - 2' 10" - 2.6' 8" 6" - 1.6' 6" - 1' 10" - 3- 'Photo Photograph ra h Turions/ 10 12 1 3 3 15-36 Quadrat Depth in Feet 8 8 7 7 6 5 Quadrants in Impact Area Quadrants in Eelgrass Habitat x x x x x x Quadrats in Potential Eelgrass Habitat x x x 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 3). PRE CONSTRUCTION SURVEY Page 12 of 17 DIVE WORKS P.O. BOX 21238 Long Beach, CA 90801 Table 3. Bounding Coordinates (949) 759-0773 107 Harbor Island Rd Newport Beach, CA Pre Construction Survey June 27, 2014 EELGRASS SPECIFIC LOCATIONS Square Feet Patch Latitude and Universal Transmercator (Square Meters) Longitude Zone 11 Hemisphere N. NAD 83 Density (Turions sqM-Length Q1 33.611072, Easting 10 Turions - 8" to 2' long -117.901297 Northing 2 feet x 2 feet Patch Q2 33.610959, Easting 12 Turions - 10" to 2.6' long -117.901315 Northing 3 feet x 3 feet Patch Q3 33.610978, Easting 1 Turions - 8" long -117.901294 Northing Q4 33.611115, Easting 3 Turions - 6" to 1.5' long -117.901217 Northing Q5 33.610959, Easting 3 Turions - 6" to 1' long -117.901261 Northing Q6 33.611016, Easting 5-12 Turions - 10" to 3' long -117.901211 Northing 6 feet x 6 feet Patch PRE CONSTRUCTION SURVEY Page 13 of 17 DIVE WORKS (949) 759-0773 P.O. sox 21zss 107 Harbor Island Rd Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 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 CONSTRUCTION SURVEY Page 14 of 17 107 Harbor Island Rd Site Name: Nepwort Beach, California 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, 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 conducted at the site under the Pre -Construction Survey - to permit sea wall replacement permits identified above) PRE CONSTRUCTION SURVEY Page 14 of 17 DIVE WORKS (949) 7540773 P.O. BOX 21238 Long Beach, CA 90801 107 Harbor Island ltd Newport Beach, CA Pre Construction Survey June 27, 2014 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the physical and biological conditions within the survey area at the time of the survey and provide Depth range: 0'— 8' Bottom is sediment composed of insight into variability, if sand and dirt. known. Please provide units for all numerical information). Substrate type: Sediment is sand and dirt Temperature: June 27, 2014 Air 77°, Water 70° Dissolved Oxygen: Average 6.1 m /L Salinity: Newport Harbor salinity Dominant flora: Eelgrass Dominant fauna: Common Bay mussels, round rays Exotic species encountered None - Cauler a 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: June 27, 2014 Refer to the above report. (estimated percentage of TIME : 0800 AM the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 3 feet Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: None noted Survey limitations: None noted Other Information: (use this space to provide any additional information or Refer to the above report. references to attached materials such as maps, reports, etc. Cau/erpa Survey Reporting Form (version 1.2, 10131104) PRE CONSTRUCTION SURVEY Page 15 of 17 ��� wfl' Ile, 1- DIVE WORKS P.O. BOX 21238 Long Beach, CA 90801 (949) 759-0773 107 Harbor Island Rd Newport Beach, CA Pre Construction Survey June 27, 2014 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey 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 uired Information: PRE CONSTRUCTION SURVEY Page 16 of 17 107 Harbor Island Rd Site Name: Nepwort Beach, California Robert Wiegand Survey Contact: (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CC Permit No.) Hydrographic System: (bay, estuary, lagoon, or Newport Harbor harbor Specific Location: (UTM, Lat./Lang., datum, accuracy level, attach See Table 3 for Bounding Coordinates electronic survey area map if possible) Was Eelgrass Detected: Eelgrass within 15' of project / disposal site xxx Eelgrass within 15'-30' of project / disposal site No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be Pre -Construction Survey - to permit sea wall replacement conducted at the site under the permits identified above PRE CONSTRUCTION SURVEY Page 16 of 17 DIVE WORKS (949) 759-0773 P.O. sox 21238 107 Harbor Island Rd Newport Beach, CA Long Beach, CA 90801 Pre Construction Survey June 27, 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: 0'— 8' Bottom is sediment composed of sand the survey and provide and dirt. insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment is sand and dirt Temperature: June 27, 2014 Air 770, Water 700 Dissolved Oxygen Average 6.1 m /L Salinity: Newport Harbor salinity Dominant flora: Eelgrass Dominant fauna: Common Bay mussels, round rays Exotic species encountered none Other site description notes: Description of Survey Effort: (please describe the surveys conducted including type of survey (SCUBA, Survey date and time remote video, etc.) and period: survey methods employed, Survey conducted using SCUBA date of work, and survey DATE: June 27, 2014 >75% area including bottom surveyed. density (estimated TIME :0800 AM percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in 3 feet water: Survey type and SCUBA methods: Survey Personnel Robert Wie and, Sean Donovan Survey density: 1-36 turions/square meter in eelgrass habitat. Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRE CONSTRUCTION SURVEY Page 17 of 17 Date: May 3, 2013 DIVE WORKS (949) 759-077 107 Harbor Island Rd 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Preliminary Survey Subject: Preliminary Eelgrass (Zosters marina) Survey Report and Caulerpa Taxifolia Survey 107 Harbor Island Rd., Newport Beach CA No Eelgrass patches were observed in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, PRELIMINARY SURVEY Page 1 of 11 DIVE WORKS (949) 759-077 107 Harbor Island Rd 429-0 Shoreline Village Drive Newport Beach, CIA Long Beach, CA 90802 Rocky & Julie Dixon 107 Harbor Island Rd. Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Survey Report Prepared May 3, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRELIMINARY SURVEY Preliminary Survey Page 2 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90002 CONTENTS List of Tables List of Figures Current Situation Survey Method Survey Findings Discussion Caulerpa Survey Form Eelgrass Survey Form List of Tables Tablet. Tides and Currents 107 Harbor Island ltd Newport Beach, CA Preliminary Survey 3 3 4 4 4 4 8 10 ..................................................................................................................5 List of Figures Figure 1. Location of 107 Harbor Island Rd., Newport Beach .....................................................................................................................5 Figure 2. Dive Transects ..................................................................................................................6 Figure 3. Survey Results .....................................................................................................................7 PRELIMINARY SURVEY Page 3 of 11 DIVE WORKS (949) 759-0773 107 Harbor Island Rd 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Current Situation — Preliminary Survey Preliminary Survey Resident (Rocky & Julie Dixon) at 107 Harbor Island Rd., Newport Beach, CA is proposing to replace existing "U" shape dock with a similar "U" shape with slightly different dimension and a reduction in overall square footage. Construction has not started; this is a Preliminary Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted May 3, 2013 beginning at 1130 hr approximately N Lat 33.611007°, W Long -117.9012260. Day was sunny with air temperature 78' F. Water temperature was 62° F. Depth ranged from beach head at the sea wall to 3' at head -walk to 7' at end of dock. Visibility was 6 feet. See Table 1 Survey area delineated spanning 80 ft wide and 80 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to shoreline. Lane width was approximately 6 ft wide scanning approximately 3 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form), nor within 20 feet of the property. Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment). Visibility was 6 ft. The water depth ranged from 2' at sea wall to 7' at end of dock. See Figure 3 Discussion Eelgrass (Zostera marina) was not observed throughout the area from sea wall to just past end of dock. Mussels were observed on piles and floats. Proposed dock fingers will be 3' longer and 7' longer than existing dock fingers. Width of proposed dock fingers will reduce by 1' from 5' to 4'. Head -walk of proposed dock will increase by 1' foot from 7' to 8'. Gangway will lengthen from 20' to 24' reducing square footage of pier. Width of existing dock will reduce by 6' from 32' wide to 26' wide. Existing dock square footage is 712 sqft and proposed dock will reduce to 585 sqft. See Figure 3. This Preliminary Survey finds no impact to habitat or navigation. Best management practices are encouraged which provide for continuation of habitat life. PRELIMINARY SURVEY Page 4 of 11 DIVE WORDS (949) 759-077 429-0 Shoreline Village Drive Long Beach, CA 90802 Table 1: Tides and Currents NEWPORT BAY ENTRANCE, CORONA DEE MAR, CA StatidnId: 9410580 107 Harbor Island Rd Newport Beach, CA Preliminary Survey Daily Tide. Prediction in feet Back to Station Listing .Time Zone: LST/LDT 2013/05/02-2013105/03 Bookmark Datum. MLLW kielo = 5,00 -7— J Predicte�d ML — ;----------- 4.50- 4,00 3.50 } -- r ,XDiv3e0 ThiYm e /... .'. - 3.98 -- - r : Ma�3; 207,3 --- 2,58 -- li -,-- � -` � - -- , - 2,00 - -- L.. .-. ......:� d 1.50 --- -- - V 1'09 ---" N 0.59 ---- r - /----- 4 ;, - , - x -0,50 65/02 05/02 05/82 05/02 05/03 85/03 05/83 85/83 65/04 12an ban 12pn 6pn 12an ban 12pn 6pn 12an Date/Tine CLSTADT) Figure 1. Location of 107 Harbor Island Rd., N vport Beach r r � , PRELIMINARY SURVEY Page 5 of 11 DIVE WORKS (949) 759-077 107 Harbor Island ltd 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Figure 2. Dive Transects Preliminary Survey PRELIMINARY SURVEY Page 6 of 11 V- wop DIVE WORKS (949) 759-077 107 Harbor Island Rd 3 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 INC SOWIC Preliminary Survey Figure 3. Proposed Dock PRELIMINARY SURVEY Page 7 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form 107 Harbor Island Rd Newport Beach, CA Preliminary Survey 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 was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 107 Harbor Island Rd. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.6110070 Lat (UTM, Lat./Long., datum, accuracy W -117.901226° Long level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the Replace existing "U" shape dock with a new "U" shape dock permits identified above) PRELIMINARY SURVEY Page 8 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 107 Harbor Island ltd Newport Beach, CA Preliminary Survey Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'-7" Bottom is sediment, Sand and Dirt. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 780 Air 620 Water Salinity: Dominant flora: Dominant fauna: Mussels, Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: May 3, 2013 surveyed. (SCUBA, remote video, etc.) and TIME : 1130 hr survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 9 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Eelgrass Survey Reporting Form 107 Harbor Island Rd Newport Beach, CA Preliminar Survey This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 107 Harbor Island Rd. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.6110070 Lat (UTM, Lat./Long., datum, accuracy W -117.901226° Long level, attach electronic survey area map ifpossible) Was Eelgrass Detected: Eelgrass within 15' of project / disposal site Eelgrass within 15'-30' of project / disposal site X No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be Replace existing "U" shape dock with a new "U" shape dock conducted at the site under the permits identified above) PRELIMINARY SURVEY Page 10 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 107 Harbor Island Rd Newport Beach, CA Preliminar Survey Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'-7" Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 780 Air 620 Water Salinity: Dominant flora: None Dominant fauna: Mussels Exoticspecies encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: May 3, 2013 surveyed. (SCUBA, remote video, etc.) and TIME :1130 survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRELIMINARY SURVEY Page 11 of 11 d t MEWe p P2014-00551 rd—rds, Helen 2 05 37 111,1 HP OC Parks Contact Number 949-923-2280 PERMITTEE Swift Slip, Dock & Piet- Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 Contact Person : Jacquelyn Telephone No. 949-631-3121 Insured SWIFT SLIP DOCK [County/State] COUNT' OF ORANGE OC Parks Permits 13042 Old Myford Road Building #4 Irvine, CA 92602 (866)627-2757 Fax: (7 14) 973-3336 Page I of2 6.13!2014 Permit No: P2014-00551 Effective Date: 6/13/2014 12:00 Avi Expiration Date: 2/1/2015 12:00 AM C Parks �C3flt� Jame Number 4EWPORT HARBOR TIDELANDS 002 Policv ML9783032 Expires 2'1'2015 PERMITTED USE: User of County property is hereby authorized as follows, subject to provisions attached hereto: For temporary access to rctnove existing 590 sq. ft, overwater coverage dock system and (3) existing 14- inch square concrete guide pile. Remove 7 ft. of existing pier, resuse pier support pile in different location. Replace with new 484 sq_ ft overwater coverge dock system and (3) new 14 -inch concrete guide pile. Install new 3 x 24 ganway within a portion of Orange County Newport Harbor Tidelands, per attached plans and provisions and to the satisfaction of on -duty OC Parks staff. OC PARKS PERMIT IS FOR ACCESS ONLY. THE DOCK REPAIRS WILL BE INSPECTED BY THE CITY OF NEWPORT BEACH CEQA Code I SWPPP: No LOCATION OF WORK: 107 Harbor Island Newport Beach Ca 92660 Dimensions l'ype: Thomas Brother: Orange COuntyArca: Newport Beach CONSIDERATION: 'vies PWO# Permit Fees Sure iy Penalty Total Total Fees: 300.00 IP EI -168120 300.00 (2085) 0.00 (2092) 0.00 300,00 'ayment Trust C'lieck Receipt Date Amount Total Payment. 300.00 ;heck 6701 65879634 5%13!2014 300.00 Vote: Deposits will not be refunded until Final Inspection is performed and signed -off permit is submitted to OC Parl<s Permits. Surety Paid By: Contractor En-ineer: Inspection: grid'`. A Y Q l 1,-Mkl P-P0lad :.00" 55 v 2TUF lu oice Paid By: Swift Dock and Pier Builders INC7027 Placentia Ave Costa Mesa Ca_9262 7 OCP Coastal Facilities - South Beaches CC: OCT Coastal Facilities Supervisor PERMIT INSPECTORS REPORT. DATE WORK COMPLETED: 3`hc mrmiYrcd work was completed in satisfactory manner per instructions zw(l/ol. the as -built plans and inspectors venort submitted herni th for onkmY3, files Remarks: P201d4)0551 Inspector: Date Refund Recommended By: (Dake Refund Approved By: Date: COUNTY OF ORANGE ORANGE COUNTY COMMUNITY RESOURCES ; OC PARKS PERMITS SPECIAL PROVISIONS �gLZFOR��� Permit 4 2014-00551 A. County hereby grants to permittee the right to use and occupy a portion of those lands, commonly referred to as "Tidelands", conveyed to County of Orange on May 25, 1919, by Act of Legislature of the State of California. This permit is issued subject to applicable Ordinances of the County of Orange. Validation of permitted use may be subject to approval of the Coastal Commission, U.S. Army Corps of Engineers. City of Ne,,ATort Beach and other regulatory entities. B. This permit may be revoked by County and permittee agrees, upon notification from the Director of Orange County Community Resources, or his designated representative, to remove, relocate, reconstruct or modify subject pier, including floating dock and ramp, at no expense to County, If litigation is required by County to enforce the terms of this permit because of breach or default by permittee, County shall be entitled to recover from permittee administrative and legal costs. C. Permittee agrees to maintain the permitted facilities in good and substantial repair and condition. All improvements shall remain the property of pernittee during the terms of this permit. County shall have no obligation to permittee for the condition of the improvements. Permittee shall make all necessary repairs or improvements, including, but not limited to the maintenance of piers, moorings, buoys, walkways, plumbing and electrical installations (including lighting). Permittee further agrees to keep the area free and clear of rubbish, debris and litter at all times. D. Permittee acknowledges that County Tidelands utilized under this permit are for the recreational use of the fee owners or long-term lease holders of the adjacent uplands and if the facilities are rented, leased or used in any manner for applicant's financial gain, permit will be automatically forfeited, E. This permit is not subject to transfer. assignment, alienation, pledging or hypothecation; any change in ownership requires a nese permit. F. Any improvement is limited to a single pier and float or slip bayward of each parcel or lot. Construction of any other improvements on the County Tidelands, including bulkheads, walks, decks and retaining walls is prohibited under the scope of this permit. G. Permittee shall provide the County with verification of combined single limit insurance in the minimum amount of Five Hundred Thousand Dollars ($500,000) for public liability and property damage. from an insurance company satisfactory to County, in which the County of Orange and the State of California shall be named as additional insured with permittee or as additional interest. The insurance verification certificate must contain a clause requiring the insurance company to give the County thirty (30) days written notice prior to any change in insurance coverage. Property coverages mast contain a standard subrogation clause. Dock and Pier Builders, Inc. Contractor's License 7970;52 A www,s A iftstipdocks.coni 2027 Placentia Avenue .- Costa Mesa, CA 92627 'Pelepbone (949) 631-3121 - Fax (949) 631-3122 Rocky and Julie Dixon 107 Harbor :island Road Newport .Beach, California 9266o Remove existing 590 sq. ft. overwater coverage dock system and 3 existing 14" sq. concrete guide pile, Remove 7' of existing pier. Re --use pier support: pile in different location. Replace with new 484 sq. ft.overwater coverage dock system and 3 new 14" sq. concrete guide pile. Install new 3 x 24 gangway. Document #1 -- Assessors Map Document #2 — serial View of Project. Site Document #3 — project Site Document #4. - Drawing of Exisiting Floating Dock Document #5 -- Drawing of Proposed :Floating Dock Floating Dock Superfloat flotation pontoons 4 x 8 framing with 5 x 7 angle clips and 1/2" bolting throughout 3 — 14" square pre -stressed concrete guide pile 1 x 6 TREX composite decking attached with stainless steel screws 3 x1;? facia with white rub strip and corners Steel pile guides with 4 polyurethane rollers each Gangway 24'x 3' dimensions 2 x 12 stringers Heavy duty binge and axle wheel combination 3 x 4 posts Milled handrails an double sided rails Decking to match floating dock Pier RemOve 7 x 5 section of existing pier Remove and re -locate existing pier support pile pll'-'T' PROJECT OWNER JO !N ,,411 JUt,\ PERMITTEE `fid+Ny - DIY Address 10-1 Contact Name E-mail Address ! u CONTRACTOR f) Address 202-1 4C1 �� State -LL—Zip e Contact N/� mend E-mail Address ENGINEER/AGENT Refer to the Applicant Requirements for Construction/Encroachment Permit City. yi th State S Zip Phone 0411 � 711.7712-1 fees can be invoiced to? 'T City _ Phone) �A )W Address 140 � TA, 01 CA Ylf m p City t ✓ ) �I q l '� State _a__ -Zip i Contact Names t Va PhoneM) & I - W1 E-mail Address PROJECT INFORMATION: Park Area /Location /Address of Work 10-1 DY_ vo 14 t oU Nearest cross streets d'2 Nme, Area/Lot/Tract Rm PLAN REQUIREMENT& Please submit (3) sets of fully dimensioned or scaled plans with the project area clearly highlighted. Proiect Qetail: Provide a description of request including: pro)g�ct area, scope, type of resources e uipment, materials and lenctth of time required �(" P,v.IA" 0 !k�; ��F' k / fi r � �° _Ut�trrrl-��rt /I 7A� Permit Fee: A $200.00 fee is required to initiate processing the permit per Board Resolution 10-198. If permit is cancelled, $75.00 will be retained and applied as the initial permit processing cost. Upon receipt of the completed application, staff will coordinate the review of the material. Applicant will be advised of any revisions, additional fees, surety deposit/hond amounts, insurance requirements or other items required prior to permit issuance. A valid certificate of liability insurance complying with the requirements of the County Risk Management Office is required prior to permit being issued. If needed, a sample certificate can be provided. Please allow,tninimum of (30) working days to process request. Upon completion of the permitted usX, PERI Office to request the refund of any Xurety de Signature of Applicant: (Petmit long 1111122113.010 MAIL, FAX; OR DELIVER OC Parks Reservations and 13042 Old Myford Road Irvine, CA 92602-2304 FAX: (714) 973-3336 is responsible for calling the assigp_04rsfaector for final inspection and sign -off, and contacting the Permit funds are processed approx ely 6-8 weeks after sign -off by the Inspector. Date be pro e sed without a legible signature) PhoneCIM) R1 I zi AP LIC N TO PUBLIC COUNTER HOURS: Monday—Friday: 8:00 a.m. —4:00 p.m. �rmits Unit QUESTIONS: PLEASE CALL OR E-MAIL Phone Number: (866) 627-2757 E-mail: Permits@ocparks.com Map Output Page 1, of 1, http � //wvjw6, city, esri mat), Es rl Mal)? Servi ce'Nomen,,, 4/10/2013 2027 PAace-rana, A v ern u e, Costa Mesa, California 92627 (94 x)h31-31.21 a F a (949)6311-3,122 10 Ol/ 4 -161 ref__qll_Vl'lq J U . Vii" A 0, sum 21,11 1'1# Remove existing 590 sq. ft. overwater coverage dock system and 3 existing 14" sq. concrete guide pile. Remove 7' of existing pier. rM Re -use pier support pile in different location, Replace with new 585 sq. ft. overwater coverage dock system and 3 new 14" sq, concrete guide pile. 2k �' g;-. I -Y Install new 3 x 24 gangway. lift 0 a) 2 MN -3, 1 i IE H A' AM- - e ' ' I RII.-SOUR(CES D D" OF NEWPORT BEA IM® STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 200 Oceangate, 10th Floor io Long Beach, California 90802-4416 PH (562) 590-5071 FAX (562) 590-5084 April 18, 2014 Permit No. 5-13-0582 Please be advised that the Administrative Permit with the above permit number which was sent to you on December 20, 2013 and was reported to the Commission on January 8, 2014 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director 14-�- Jeffrey Rabin Coastal Program Analyst STATE OF CALIFORNIA -. NATURAL RESOURCE=S AGENCY CALIFORNIAN COASTAL. COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 EDMUND G. BROWN, JR., Governor Staff, J. Rabin -LB Date: D e ,o��. -Y AVIVIENISTRA `" IVE PERMIT JAilli 1 6 2014 application No.: Applicant: Rocky & Julie Dixon Agent: Swift Slip Dock & Pier Builders, Inc. Location: 107 Harbor Island Road, Newport Beach (Orange County) ProjectDescription- Remove existing dock and tbxee 14" square concrete piles. Constrict new U-shaped dock with three new 14" square concrete piles. Narrow boat slip from 24' to 18' wide. Increase the length of one dock finger from 42' to 49'. Increase the length of the other dock finger from 42' to 45'. Replace the existing 3' x 20' gangway with a new 3' x 24' gangway. Increase the width of the headwalk from 7' to 8'. Total overwater coverage for the structures involved in this project decreases from 590 square feet to 585 square feet. E' CITI'IVE DIRE CT a DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and places January g, 2014 — 9;00 a.m, Catamaran Resort Hotel 3999 Mission Blvd. Sari Diego, CA 92109 I 5-13-0582 (Dixon) Administrative Permit IMPORTANT - Beforeoy u 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. , ,.� .,.jig i _ CHARLES LESTER Executive Director By: Jeffrey Rabin Title: Coastal Program Anal This permit is granted subject to the following standard conditions: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS° See pages five through nine. 2 5-13-0582 (Dixon) Administrative permit EXECUTIVEIRECTOP.'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. FAIA®TA�TGS ROM AaE�0U v� I�� ADETERMINATION- Il The subject site is a waterfront lot at 107 Harbor Island road in the City of Newport Beach (Exhibit 1). Single-family residences with private docks characterize the site and the surrounding area (Exhibit 2). The proposed project would remove the existing dock and three 14" square concrete piles. A new U-shaped dock would be built with three new 14" square concrete piles. The existing boat slip would narrow from 24' to 18' wide. The length of one dock finger would increase from 42' to 49'. The length of the other dock finger would increase from 42' to 45'. The existing 3' x 20' gangway would be replaced by a new 3' x 24' gangway. The width of the headwalk would Increase from 7' to 8' (Exhibits 3 and 4)_Total ove.rwater co:vPragP for the structures Involved IrA this project decreases from 590 square feet to 585 square feet. This area includes only the dock and gangway bayward of the bulkhead line. It does not include the deck and pier structures between the actual bulkhead and the bulkhead line. Tl.e dock project, associated with the existing single-family home, will be used for boating related purposes. As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey was conducted on May 3, 2013. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August -October shall be valid until the resumption of active growth (i.e., March 1), The project is on the agenda for the January 2014 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, C a pre -construction ouletpa tarifolio survey was done on May 3, 2013. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is on the agenda for the January 2014 Coastal Commission meeting. The Caulerpa taxifolia survey is not valid since more than 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey Must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions 2 and 3, which identifies the procedures to be completed prior to beginning any construction. If any C'auleipa taxifolia is found on the project site, Special Condition 3 also identifies the procedures to be completed prior to beginning any construction. 5-13-0582 (Dixon) Administrative Permit Local Government and Other Approvals The proposed project has received Harbor Permit Number 135-107 and Plan Check Number 1096- 2013 from the City of Newport Beach Harbor Resources Division. The applicant's agent has applied for approval from the Santa Ana Regional Water Quality Control Board (RWQCB) and the U.S. Army Corps of Engineers. As part of its Harbor Permit for the project, the City of Newport Beach has imposed Special Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side." The City also included Special Condition 9, which says: "Vessels may not extend beyond the end of the fingers by more than the width of its beam, except as otherwise noted in the Municipal Code." The City's Special Condition 10 specifies that the maximum beam of a vessel that is permitted to . side -tie to the northernmost side of the float is 22'. The City's Special Condition 11 says that the. maximum beam that is permitted to side -tie to the southernmost side of the float is 12'. B. PUBLIC ACCESS The subject site is located on the bayfront in the City of Newport Beach. The nearest vertical public accessway to the bayfront and lateral access along the sand is approximately 575 feet away at the Beacon Bay Beach and Public Dock. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. C. MARINF, RESOURCES The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. The City of Newport Beach has imposed Special Condition 4 on their Harbor Permit for this project. "Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted." The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes Special Condition 1 L! 5.13-0582 (Dixon) Administrative Permit 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 Best Management practices (BMPs). As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. m LOCAL COASTAL PROGRAM The Land Use Plan (LUP) for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use plan for the area_ Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. F. CALIFORNIA RONMENTAI QUALITY ACT (C A) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the. requirements of the Coastal Act to conform to CEQA. SPECIAL SON ITIONS® This permit is granted subject to the following special conditions: �o Water Quality Aa Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters, (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. 5-13-0582 (Dixon) Administrative Permit (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 6 5--13-0582 (Dixon) Administrative Permit Best Management Practices Program. By acceptance of this permit the applicant agrees that the long -terra water borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Meaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate free and biodegradable shall be used, and the, amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. 4ll trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or O77tter. wm . (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California, Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited, b, If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam craning services that recover and properly dispose or recycle all contaminated liquids. i 5-13-0582 (Dixon) Administrative Permit c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s) A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15.) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion, of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. Jan 13 14 12:21 p River Cabin 5092432694 p,1 5-13-0582 (Dixon) Administrative Perxxrit 13 °1"hc sutve ' Protocol shall be prepared in consultation A6ih the Regional °mater. Quality Control Board, the California Department of Fish and Wildlil- and the l�latMai Marine �'ish,�fies Service. C9 Within five (5) business days of rorttplctiort the sntvey: of the survey, the applicant shall submit (1) for the review and approval of tote Executive Director; and (2) to the Susvelllarice Sub [1n,mit, of tt�c 3oiiilsern California C:suler'pa ActionTeam (SCC.,q�')- °t'krc SCC AT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish and Wildlife (35$/467-4218) or Robert Flof lean, National Manrro 1 kijlfries Service (562/980-4043), or theta successors. D. if C'crl""rl)a ?0y f )lia is found within tine prgiect or buf_ler areas, the applicant shall not proceed with the project until 1) the applicaxrt pr'�vid�s evidersc� to the Ixecuti elimina- that all C tcxa�`r,,at discovercd within the project and buf'icr area has been. eliminated in a znanrrer that complies with all applicable l over"I rental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid arty cc, It with C frcrf folks_ iso revisions to the protect shall occur %ithout a Coastal C'oMmmsmn appaover7 ainendnlent to this coastal development pern.11t unless the Executive Director detemline s that no amendment is legally required. 4. Public Rjoas a -he Coastal �Pinv V'a, 01 tills permit shall not consdiute a waiver of any public rights that eT of or may exist On the properly- - lte peranittee shall trot use this permit as evidence of a v�aiver of any public rights that may exist ®rr the propert}r, AC DG 'T OF PERMIT RECEIPT/ACCEPTANCE F CO1°Il'EN`f°Se JAVe acknowledge that 1/we have received a copy of this Permit and have accepted its contents including, all conditions. Apo' ant's Signage = — �a of Sign rrg~� 9 H � lkdy ti P1s1 �m �rTs�� } o ` '7 Y h.rc. - . m Edd �s �ap J�9Q, kY1,211 LLJ 'G 1e9 �lse� v w �o r Marine Ave �= f <; a� e a cc o m 4% �arnbote f > � $ mmQ \tet i 3 -0.0 ro o ��, K�� caN in> 2 du e� aa� �-, LnF >' Q�4i k3 a CO m @ T a N < p W �(� Q� (d r•�, »'y .x_.93 x: m 1� R c1 u 'o ,gLn�� Cc was 4 yet ' 0t 2ti° -tea y p L� 1z Y k !r +.,' F ri ,£-r'i g n ,: ��' ag I� s c a 4c J --a QL � 1 ro ro U•d,y,�' 1 - i� w lciAQ Q 1Q 3 �M ���,z-y 40.= d sdG- cq .>IL� Dr o L' pa = aOgd6H 6nug ix c� ' Pa )aelidWi s tiro bc A W 1 t t?`u •� �� tea'?'-` m -4— Ile,s •'rid (cn • ,rte �' Jt�P/ �,'�^ti-� =� a ,,... ., s,-: O 1 Q �U31s x �4 s ?x .a E 2027 Placentia .Avenue, Costa Mesa, California 92627 (949) 631-3121 > Fax (949) 631-3122 California Coastal conuiiission CJ I 5owh Cloast District Office � APPROED )106 1 Permit ---_-- -- --------------------- EFFEC IVE � m�,mm�.�a�m®� Date: _------,®�� �4=110 C (yon( 'a-C'W� TT 1 � F �j L A P 20 X ��A PAGE f ®F ,r 371. 10H DOCK & PIER BUILDERS, 2 0 2 7, p I a ,-3 c --a A; �-� I AAA v e vrro. a�-z e ew, a Ad e -- a, CCI a '.d - � I f. oo - r DI, a 0" 221 6 2 7 (949) 631-31.21 Fax (949) 631-3122 Rocky and Julie Dixon c/o Jacquelyn Chung Swift Slip Docks 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. and Mrs. Dixon: Reference is made to your request (File No. SPL-2013-00567-JPL) for a Department of the Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below in Newport Harbor within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, and as shown on the attached drawing(s)/map(s), you are authorized to: 1. Reprove an existing 324bot by 42 -foot "U" shaped dock, a 3 -foot by 20 -foot gangway a 2 -foot by 5 -foot pier, with a total overwater coverage of 590 square feet, and replacing it with a new 26 -foot by 49 -foot "U" shaped floating dock, and a 3 -foot by 24 -foot gangway (5 -feet by 3 -feet of which would be landward of the bulkhead), with 585 square feet of overwater coverage within the project site. 2. Remove three (3) 14 -inch square concrete guide piles and replaced them with three (3) new 14 -inch square concrete guide piles. 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. In addition, please use the two attached forms to notify this office as to the dates of commencement (within 10 days prior to the start of Lonstruction) 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 Zn Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason. P. Lambert@usace. army. mi I. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 REPLY TO LOS ANGELES, CALIFORNIA 90017 - ATTENTION OF March 28, 2014 Regulatory Division Rocky and Julie Dixon c/o Jacquelyn Chung Swift Slip Docks 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. and Mrs. Dixon: Reference is made to your request (File No. SPL-2013-00567-JPL) for a Department of the Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below in Newport Harbor within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, and as shown on the attached drawing(s)/map(s), you are authorized to: 1. Reprove an existing 324bot by 42 -foot "U" shaped dock, a 3 -foot by 20 -foot gangway a 2 -foot by 5 -foot pier, with a total overwater coverage of 590 square feet, and replacing it with a new 26 -foot by 49 -foot "U" shaped floating dock, and a 3 -foot by 24 -foot gangway (5 -feet by 3 -feet of which would be landward of the bulkhead), with 585 square feet of overwater coverage within the project site. 2. Remove three (3) 14 -inch square concrete guide piles and replaced them with three (3) new 14 -inch square concrete guide piles. 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. In addition, please use the two attached forms to notify this office as to the dates of commencement (within 10 days prior to the start of Lonstruction) 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 Zn Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason. P. Lambert@usace. army. mi I. -2 - Please be advised that you can now comment on your expericric e with Regulatory Division by accessing the Corps web --based customer survey form at: 11ttjL/t?er2. iw tisace.ii-rtnv.niii/survev.html. l'ERNII'I 11 E Sincerely, C:orice J. Farrar Chief, Orange and riverside Counties Section South Coast Branch P,egutatory Division DATE When the stru tLires or work authorized by this permit arc still in existence at the titrl " the property is {rans:terred, the terms and conditions ol'this LOP will continue to be binding on the new owncr(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee; sign and date below. ,.l..RA SFEREE Enctosure(s) DATE -3- General Conditions.- 1. onditions: 1. The time limit for completing the authorized activity ends on March 28, 2016. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this pertnit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 329. 2. No earthwork is authorized by this Letter of Permission. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: A) The project involves the repair of existing structures that were originally constructed using wood products; B) The creosote treated pilings are wrapped in plastic; C) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers; -4— D) The plastic wrapping is sealed at all joints to prevent leakage= and E) The plastic material is expected to maintain its integrity for at least ten years, and plastic, wrappings that develop holes or leaks must be repaired or replaced in a timely planner by the permittee. 4. No other modifications or work shall occur to the structure permitted herein. 3. A pre --construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caullerpa Control Protocol (see http://swr.nmfs.noaa.gov/hed/catiterpa/cep.pdf) not earlier than 90 calendar days prior to planned eonSirtrctron and trot later" than 30 calendar (rays prior to c;onstruc;tion. 1 ne results or tnat SUrVey Shall be ftrrtri_She(i to the Corns Regulatory Division, NOAA Fisherics and the Cali:Forni;, Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall riot commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with ACOA Fisheries and CDFW. 6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, sod, silt, sand, sawdust, rubbish, cement or concrete washings thereof; oil or petroleum products, frons construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United Mates. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed rrom the work Lrea and disposed of in tlti a�nrnpritiie tlpiatit� S11 -C, 7. The Permittee shall notify the Corps Regulatory Division of the date of corrunencernent of operations not :less than 14 calendar days prior to commencing work, and shall notify the Corps of the (late of completion of operations at least five calendar days prior to such cornpletiion. 8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) TEL: (510) 437-2980 P. -mail: dIILN't\/t@,usc;g.rniI Website: htip://wvvw.uscg.rril/dp/Inrnrecluest.asp U.S. Coast Guard, Sector LA --LB (CG't.P) TFL; (310) 521-3860 E-mail.- jolnr.p.herrnigan�ct uscg.mil A) The Permittee shalt notify the U,S. Coast Guard, Commander, 11th Coast Guard District (dpwv) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above:), not less than 14 calendar days prior to c,omnlencing work and as project information -5 - changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). 5) VHF -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subehapter C, part 66. The Pern-iittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as weft. as the U.S. Coast Guard, Aids to Navigation office (contact inrormation provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in'Writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 9. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Service for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. _6 - IR The perarittee understands and agrees that, if fixture operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers Regulatoiy Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 11. This Corps permit does not authorize you to talo:, any threatened or endangered species, or . , r.a, .� kic bti;Aai ey rA.oCdr�y res d.c51�i1at�',(a critical irabltat. lIl order to legi�ll}- lake a ltsiccl species, rE s, yc)ll rl:lUst have serra.raie authorizatieri under the Fndangered Species Act (ESA) (e.g_ ESA Serct;nn 10 pert -nit or a biological Opinion (:ESC) under ESA Section %, with "incidental take" provisions with which you must comply). Further i forination: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 1.0 of the divers and Harbors Act of 1899 (33 U.S.C. 03), 2. Limits oi'this authorization. a. This permit does riot obviate the need to obtain ether Fe_elE Inl, state or local ,ntl,nrl7ltrollS required by law. b. This permit does not grant any property rights or exclusive privileges. This perlrrit dnn.s not arithnri-10'Inv inhiry tri tura nrrrnPrh (-)I, riuht�z nf'nthc=I- d. This permit does riot authorize interference with any existing or proposed Federal project. 3. i_.rrnits o[Tedc al Liabrlrty. in Issuing this permit, the: federal Gover lment doer not assume an liability for the following: a. Darnages to the permitted projector uses thereof as aresrllt of other perrnined or unpermitted activities or from natural causes. b. Damages to the pc;rrnittc;d projector rises the reo as a rCsult of current. or future activities undertaken by or on behalf of the United. States hr the public.: interest c. Damages to persons, property, or to other permitted or unpermitted activities ox structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the perninted �� ork. -7- e. Damage claims associated with any future modification, suspension, or revocation of this pen -nit. 4. Reliance. on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant .new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your pen -nit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office., and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. _8 - LOS ANGELL'S DISTRICT v.S NOTIFICATION Off' COMMENCEMENT OF WORK FOR DEPARTMENT OFTHE ARMY PERMIT Permit Number. Name of Permittee - Date of Issuance - SPL -2013-00567 Rocky and Julie Dixon March 2$, 2014 Date work An wlatu-rs, of file U%'S. will conlInelice. Estimated construction period (in weeks). - - Name & phone of contractor (if any) - Please note that your permitted activity is subject to a compliance inspection by an Arrriy Corps of Engineers representative. If you fail to comply with this permit you may. be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions ofthe above referenced permit. � rgnatill'c i7". rP s[[tlittee Date At least tell (10) Gays prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the t.61lowing three; (7) methods: (1) E -i AHL, a statement including all the above infornlat-ioii to: Jason.P.Lat,ibertic�usace.ai-mv,iilil OR (2) FAX this certification, after signing, to: (213) 452-=1196 OR (3) MAIL. to the following address: U.S. army Corps of Engineers Regulatory Division ATTN1: C ESPL-RG-SPL-2013-00567 Los Angeles District. Corps of Erigirieers 915 Wilshire Roulevard, Suitc 930 Los Angeles_ California 900 t 1 -9- LOSANGELES DISTRICT U.S. ARzVYCORPS OF, ENGINEERS Permit Number: SPL -2013-00567 Name of Permittee: Rocky and Julie Dixon Date of Issuance: March 28, 2014 Date work in waters of the U.S. completed: Construction period (in weeks): Dame c& phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Jason. P. Lambert@usace.army.mil OR (2)_ FAX this certification, after signing, to: (213)452-4196 OR (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00567 Los Angeles District, Corps of Engineers 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 -10- NOTIFICATION 1Q_.TI `I .`ATI I ADMIN T R-IATIVF APPEAL OPTIONS AND PROCESS REQUEST FOS PEA Appiicant Rocl<v and Julie Dixon �File Number: SPL 2013-00567-JPL Date. 3/28!2011 _Attached is: _ See Section belov INI PIAL PROFFERED PERM IT (Standard Permit or Letter of-'Permission) A X—PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DET\1IAL C --- APPROVED JURISDICTIONAL, DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following; identifies your rights and options regarding; an administrative appeal of the above decision. Additional information may be foundat hitl�;''���vy�.tr�acr�.arn�� rridF'�ecsr,t %�srre x ntatr r -a1s.as x or Cor s`iegulatons at r C`I`P fart 331, — - A. —11a11TIAL. IAL PROIFERED PERMIT: RMI I : x ou may accept or object to the permit. ACCEPT: If you received a Standard Permit, you m iy si.an the permit document and return it to the distr icr ?mince, for final authorization. if you received a Letter of Permission (LOP), you may accept the LOP and Your work is authorized. Your sig nature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. * OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section fI of this form and return the form to the district en ineer. Your obiections must be received by the district engineer within 60 days of the date of this notice, 01-You Will Forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer wilt evaluate your objections and inay: (a) modil}- the permit to address all oFyour concerns, (b) modify the permit to address some of your objections. or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below'. -------------------- ----- ------------------------------------ -- B. PROFFERED PERMIT: You may accept or appeal the permit. 0 ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization, Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, acrd approvecljurisdictional determinations associated with the permit. a APPEAL: If you choose to decline the prot'fet-ed permit (Standard or L.-OP) because of certain terms and eonctitions therein. you may appeal the declined permit under the Corps of Engineers .Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMITDENIAL: YOU may appeal the denial ofa permit under the Corps or Engineers Administrative Appeal - Process b,, completing Section I1 of this forni and sending the lot-in to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDIC['IONAL, DETERMINATION: You rnav accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 clays of the date of this notice rneans that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers AuM n�5t2'ail - -_�1, ol'a?,..,g 1w iirIi�ivi?er. �ii, � i�u form rust be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If Voir Wish, you may request an approved JD (-which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the t:orps to reevaluate. the JD � �� -11. - REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered pert -nit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL. INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal Process you may contact: Jason Lambert, Project Manager ATTN: CESPL-RG-SPL-2013-00567-JPI., Los Angeles District, US Army Corps of Engineers 915 Wilshire Boulevard, Suite 930 Los Angeles, Cali Ibrnia 90017 Phone:(213)452-3361 Fax: (213) 452-4196 Email Jason.P.Lambert�i=usace.armv.mil If you only have questions regarding the appeal process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer., Li.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, California 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thorn€is.i.cavanauh_'«�usacc.arm�_mi1 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You wilt be provided a 15 day notice of anv site investigation, and will have the opportunity to participate in all site investigations. of appellant or Date: I Telephone namber: SPD version revised December17,1-010 -12 - Applicant Options with Initial Proffered Permit 45 a PMAnd, PWIN un)t "C awwwIt, PapywouOTS vg'l Standard PW rn W n"Ry A S., wwou aid cwRions Ww� I hL- Yes irlit', pfver&' --I ,, PeM? 11 No Apokz-: Seus up.fn Cinm or3 to ditrk-.-. ai,-yseer , I ie r-,.eer vv.11 either of nr-'t mc-. fy t po-f-mit A -.5tIi I ar' anc an RFA "am. Avoky=Wb the u r ,-! i m 1 reAs and cordiacro of T"ie Y'es thc No App wont dedues te pnhamd pem r appeded by Mr -Ung a RFA w th-� Unim- engreer w0m 00 cps d2v of Wo NA" !"n Anguni r A: Appendix B 2027 Placentia Avenue, Costa Mesa, California 92627 (949) 631-3121 - Fax (949) 631-3122 m i -RIA""' DOCK & PIER BUILDERS, INC. DOCK ±.; PIER BUILDERS, 2027 PLACENTIA AVENUE1, MESA, it 92627 49PHONE i FAX EMAIL: r rr rrr. WWW.Swiftslipdocks.com 24 April 2013 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr, Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove existing 712 sq, ft. floating dock and 3 existing 14" sq. concrete guide pile. Remove 6 ft. from existing pier. Re -use pier support pile in different location. Replace with new 625 sq. ft. floating dock and 3 new 14" sq. concrete guide pile. Install new 3 x 24 gangway. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Rocky and Julie Dixon 2. Project Address: 107 Harbor Island Road Newport Beach, California 92660 3, Applicant Phone: 949.631.3121 4. Parcel Number: 050 220 03 5. Scope of Work: Remove existing 712 sq, ft. floating dock and 3 existing 14" sq. concrete guide pile. Remove 6 ft. from existing pier. Re -use pier support pile in different location. Replace with new 625 sq. ft. floating dock and 3 new 14" sq. concrete guide pile. Install new 3 x 24 gangway. 6. Latitude/Longitude: N33.363902, W-117.540440 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005, 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 200 Oceangate, 10th Floor nqa Long Beach, California 90802.4416 PH(562)590-5071 FAX(562)590-5084 April 18, 2014 Permit No. 5-13-0582 Please be advised that the Administrative Permit with the above permit number which was sent to you on December 20, 2013 and was reported to the Commission on January 8, 2014 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit, Should you have any questions please contact our office. CHARLES LESTER Executive Director Jeffrey Rabin Coastal Program Analyst STATE OF CALIFORNIA NATURAL RESOURCES AGENCY EDiVlllidD G. BROWN, JR., Governor CALIFORNIA COASTAL CONIMISSION South Coast Area Office 200 Oceangate, Suite 1000 i Long Beach, CA 90€302-4302 v. (562) 590-5071 W6a Staff: J. Rabin -%B Kato; Deh 19,. 201:3, K r , Application No.- -13-0582 Applicant: Rocky ,Julie Dixoii Agent, Swift Slip Dock & pier Builders, Inc. Location: 107 Harbor Island Road, Newport Beach (grange County) Project Description: Remove existing dock and three 14" square concrete piles, Construct new U-shaped dock with three new 14" square concrete piles. Narrow boat slip from 24' to 18' wide. Increase the length of one dock finger from 42' to 49. Increase the length of the other dock finger from 42' to 45'. Replace the existing 3' x 20' gangway with it new 3" x 24' gangway. Increase the width of the headwalk from T to 8'. Total overwater coverage for the structures involved in this project decreases Froin 590 square beet to 585 square :feet. The findings for this determination, and for any special conditions, appear on subsequent pages. MOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one --third or more of the appointed membership of the Commission so request, the application will be removed from the adira.nistrative calendar and set for public hearing at a subsequent Commission tweeting. Our office will notify you if such removal occurs, This permit will be reported to the Con-limssion at the follo�witlg tirr�r� and place; January 8, 2014 — 9:00 a.m. Catamaran resort Motel 3999 Mission Blvd. Sam Diego, CA 92109 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL. COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 n (562)590-5071 W6a 6 Staff: J. Rabin -LB Date: December 19, 2013 Application No.: 5-13-0582 Applicant: Rocky & Julie Dixon Agent: Swift Slip Dock & Pier Builders, Inc. Location: 107 Harbor Island Road, Newport Beach (Orange County) Project Description: Remove existing dock and three 14" square concrete piles. Construct new U-shaped dock with three new 14" square concrete piles. Narrow boat slip from 24' to 18' wide. Increase the length of one dock finger from 42' to 49'. Increase the length of the other dock finger from 42' to 45'. Replace the existing 3' x 20' gangway with a new 3' x 24' gangway. Increase the width of the headwalk from 7' to 8'. Total overwater coverage for the structures involved in this project decreases from 590 square feet to 585 square feet. The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: January 8, 2014 — 9:00 a.m. Catamaran Resort Hotel 3999 Mission Blvd. San Diego, CA 92109 5-13_I1582 (Dixon) Administrative Permit IMPORTANT - Be ori yon ��ay ��rocccd rvitl� div€lo i��cz�,t �l�c lolitwriza �s� r�cc�r: 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 ineeting, 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 DIJVEI,OPMF'NT YOU MUSTHAVE AVE RE, CEI' ED BOTH YOUR ADMINISTRATIVE ISI; RMIT AND THE NOTICE OF PERMIT EFFECTIVENESS I+ROM °I HI FI I CHARLES I ESTER I"'xecutive Director By: J fi eRabin Title. Coastal Program Analyst STANDARD CONDITIONS - This permit is granted subject to the following standard conditions; Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date ern which the Commission voted on the application, Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the C"ominission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the C'orrrnrission an affidavit accepting all terms and conditions of the peal -it. 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 rave through nine. 2 5-13-0582 (Dixon) Administrative Permit EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR E' XECUTIVE DIRECTOR'S DETERMINATION - A. PROJCCT MSICRIPTION The subject site is a waterfront lot at 107 Harbor Island Road in the City of Newport Beach (Exhibit 1). Single-family residences with private docks characterize the site and the surrounding area (Exhibit 2). The proposed project would remove the existing dock and three 14" square concrete piles. A new U-shaped dock would be built with three new 14" square concrete piles. The existing boat slip would narrow from 24' to 18' wide. The length of one dock finger would increase from 42' to 49'. The length of the other dock finger would increase from 42' to 45'. The existing 3' x 20' gangway would be replaced by a new 3' x 24' gangway. The width of the headwalk would increase from 7' to 8' (Exhibits 3 and 4). Total overwater coverage for the structures involved in this project decreases from 590 square feet to 585 square feet. This area includes only the dock and gangway bayward of the bulkhead line. It does not include the deck and pier structures between the actual bulkhead and the bulkhead line. The dock project, associated with the existing single-family :home, will be used for boating related purposes. As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey was conducted on May 3, 2013. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August -October shall be valid until the resumption of active growth (i.e., March 1). The project is on the agenda for the January 2014 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, a pre -construction Cauletpa taxifolia survey was clone on May 3, 2013. No Cauletpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is on the agenda for the January 2014 Coastal Commission meeting. The Cauletpa taxifolia survey is not valid since more than 90 days have passed since the survey was completed. Thus, an updated Cauletpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions 2 and 3, which identifies the procedures to be completed prior to beginning any construction. If any Caulerpa taxifolia is found on the project site, Special Condition 3 also identifies the procedures to be completed prior to beginning any construction. 3 5,13.0582 `Dixon) Administrative Permit Local Government and Other Approvals The proposed project has received Harbor Permit Number 135-107 and Plan Check Number 1090.. 2013 ftom the City of Newport Beach Plarbor Resources Division. The applicant's agent has applied for approval from the Santa Ana Regional Mater Quality Control Board (RWQCB) and the U.S. Army Corps of Engineers. As part of its Harbor Permit for the project, the City of Newport teach has imposed Special Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side." The City also included Special Condition 9, which says: " Vc� ssels may riot extend beyond the end of Me s.intgers by anore roan the wicitn of its bearer, except as otherwise noted in the Murnrcipal C;ode." The City's Special Condition 10 specifies that the rnaximurn beam of a vessel that is permitted to side -,tie to the northernmost side of the float is 22'. The City's Special Condition l l says that the. ixraxiinum beam that is permitted to side -tie to the so artherni host side of the fl,»l .- V446 r.9 dG. B. PUBLIC AcCESS The subject site, is located on the, bayfront in the City of Newport Beach. The nearest vertical public accessway to the bayfront and lateral access along the salad is approximately 575 feet away at the Beacon Bay Beach and Public lock. As conditioned, the proposed development will not have airy new adverse impact on public across to the c oast or to nearby recreational acrlrties. Thais, as conditioned, the proposers (levelopinnent conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. 'The proposed recreational 'boat dock development and its associated structures are an allowably; and encouraged marine related use. The project design includes the mirnirnunn sized pilings and the minimum number of pilings necessary for structural stability. 'Where areno feasible less environmentally dannaging alternatives available. As conditioned, the project will riot adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Ccaule? 7)a tax falls. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of'the Coastal Act. The City of Newport Beach has imposed Special Condition zl on their harbor Permit for this project. "Only marine oriented uses are allowed on the mer_ Inicr platform ganImmy an float, Patin furniture, plains etc ... are not pertnitted.'9 02 ^Y D. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of consti-uction material, debris, or waste Ma location where it could be discharged into coastal waters would result in an adverse eff-ect on the marine envirornnnent. To .reduce the potential for construction related impacts on water duality, the Connrnission imposes Special Con itio , I I 5-13-0582 (Dixon) Administrative Permit 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 Best Management Practices (BMPs). As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. E. LOCAL. COASTAL PROGRAM The Land Use Plan (LUP) for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development's consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. F. CALIFORNIA ENVIRONMENTAL, QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the. requirements of the Coastal Act: to conform to CF.QA. SPECIAL CONDI'T'IONS: This permit is granted subject to the following special conditions: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. 5-13-0582 (Dixon) Administrative Permit (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each days (i) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible anter loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during deinnolifion or construction. (10) Debris shall be disposed of at a legal disposal site; or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an annendment to this permit shall be required before disposal can tame place unless the Executive Director dete.rnrinaes that no amendment or new permit is legally required. (11) All stock piles and construction nnater,ials shall be covered, enclosed on all sides, shall be located as far away as possible front drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas spedl3raily desioned to con-tre,I r'un-ff 'r",;liniers inn"" solvents sildil 1Aot be �^ discharged into sanitary or stoat sewer systems. (1 3) The discharge of any hazardous materials into ally receiving waters shall be prohibited. (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction n-laterials. Measures shall include a designated fueling and -vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible 'rot) the receiving waters and Storm drain inlets. __� (15) Best Management Practices ( MPs) and Good 1-fousekeeping Practices (GNPs) designed to prevent spillage and/or runoff of demolition or construction -related nnaterials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prion to the on -set of such activity. (16) All BMPs, shall be maintained in a functional condition throughout the diaration o1.construction activity. 6 5-13-0582 (Dixon) Administrative Permit B. Best Management Practices Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use -of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive clearing (e.g., due to spills of engine fuels, Iubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. 7 5-13-0582 (Dixon) di-ninistrwive Perrxait c. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discli'arga.d to surface waters by the; bilge pumps. Eelgrass Serve '(s) A. PIT-Cn struction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction surrey 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 Ball compliance with the "Southern California Eelgrass Mitigation Policy" Revision b (except as modified by this special condition) adopted by the National marine Fisheries Service and shall be prepared in consultation with the California Department of fish and Wildlife. The applicant shall submit the eelgrass survey fbr the review and approval of the Executive Director within eve (5) brrsiness days of completion of each eelgrass survey and in any event no later than fifteen (15) business nays prior to cornnaencement of any development, If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal C'orninission or a new coastal development perrnit. a host Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month alter the conclusion. of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall he prepared in hall compliance with the "Southern California Fclgrass mitigation Policy" Prevision 8 (except as modified by this special condition) adopted by the National lvlarine l'ashel;;cs Qcrvlce and shall be prepared II] consultation with the California Department of Fish and Wildlife. The applicant shall submit the pont-construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any cel.grass has been impacted, the applicant shall replace the impacted eelgrass at a minimum '1.2:1 ratio ora -site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy, All impacts to eelgrass habitat shall be mitigated at a miuirnutn ratio of 12:1 (mitigation: impact). The exceptions to the required. 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amend_rnent to this permit or a neve coastal development perruit unless the Executive Director determines that no amendment or new permit is required.. 35 Pr ,deo str�rctior� Cauleri zf�la , Survey A. Not earlier than 90 days nor later than all days prior to commencement or re -commencement of any development authorized under this coastal development Permit (thee "project"), the applicant shall und,ortake a survey of the project area and a buffer area at least 10 meters beyond the protect area to determine; the presence of the invasive alga Caulerl-- taxr folio. The survey shall include a visual examination of than substrate. 5-13-0582 (Dixon) Administrative Permit B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall ,submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish and Wildlife (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Cornmission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 9 a f v � a fi3 g{� t3 ems+ - ua Qj LLJ t� J Marine Ave 00C C) f9 rn i ftS U CO C Ln 73 CIO y 13 { 1 c. Ja moi• LM •Fi '4 ID S.� 4:..: C7,��o� _ r��;a�go�J, � .rin,� ut•� f CO w c:r c _r. � ;" 63 9 cu ") .N L73n i J� ry 1 2T {� A�} �j. U i ;p t4 0 0 � 2« d� � 2 027 P i a c e Yal a Avenue, Cos I, a. Mesa., California 9262 (949) 631-,3121 - '-Fax, (949) 631-3122 7 fb Ina Ti _mm g, ixbyl COASTAL COMIUMSION PAGE .—.—OF—J--- DOCK & PIER BUILDEMS, INC. 2027 Placentia Avenue, Costa Mesa, California 92627 8 (949) 631-3121 ® Fax (949) 631-3122 A, Walters, Lisa From: Jacquelyn Chung <Jacquelyn.chung@sbcglobal. net> Sent: Monday, July 22, 2013 10:12 AM To: Walters, Lisa Subject: RE.- Dixon Okay, make it 12 and 22. I'm going off of google maps and continuing on the extended property lines. Jacquelyn Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc. Permit Coordinator 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3,121 office 949.631.3122 fax From: Walters, Lisa I ma i Ito: I-Wa Iters(a newoortbeachca. qov] Sent: Monday, July 22, 2013 10:00 AM To: 'Jacquelyn Chung' Subject: RE: Dixon That = 62'. You have 60' as the total frontage. Thanks, Lisa From: Jacquelyn Chung [mgi[toL:Jaqquelyo.cjiun_q@stKgLobaLnet] Sent: Monday, July 22, 2013 9:58 AM To: Walters, Lisa Subject: RE: Dixon Looking from the house out to the bay... Left side = 13' Right side = 23' Jacquelyn Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc. Permit Coordinator 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3121 office 949.631.3122 fax From: Walters, Lisa [mai Ito: I-Wa Iters@ newportbeachca.ciov] Sent: Monday, July 22, 2013 9:37 AM To: Jacquelyn Chung Subject: Dixon Hi Jacquelyn, I am working on the Dixon AIC. Can you please give me the distance from the fingers to the side property lines on either side. 1 Thanks, Lisa Lasa Walters-.farbor Resources 949.644.3044 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644--3034 / Fax (949) 723-0589 July 22, 2013 Property Address: 107 Harbor Island Rd. With reference to the plans currently Lnder consideration at the above referenced address to reconfigure or modify the dock systern or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H--1) and Title 17 of the City of Newport Beach Municipal Code The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 & 2 7. In accordance with Municipai 'Code 10.28.0 40 the following noise regulations apply, "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, dernolition, painting, plastering or any other related building activity, operate any tool, eoPipment or machine in a manner which produces loud noise that disturbs, or . could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a -m. and six -thirty p.m., nor.on any Saturday except between the hours of eight a.m. and six p.rn, B Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday," 8- y0wr side property lines extend in the water along their same bearing. Vessels shall not encroach upon the nePiq1h_ht0r'1_c_- pge0"_O_rt-j on eithuer side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its b e a rn p w e M Jz 10. 71M - I I -RAR1 bearn of a vessel that is permitted to side -tie to the northernmost aide of the , 10 float is 22', 11, The maxii-nurn beam of a vessel that is permitted to side -tie to the southernmost side of the float is 12'. Lisa Walters, Harbor Resources Date ApOlicAnt Signature Joint licant Signature (if 2pplirq�)Ip) C Print Name Prinf KlQrnn 3 'e Page 2 ,,, f 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 Y. I HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. [Propertv Address: 107 Harbor Island Rd. Legal Description: 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 Ilan, Municipal Code, Title 17 and any applicable specific or precise plans or, o 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 raps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the deign of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Inas been determined to be ministerial or categorically exempt. n Has received a final Exemption Declaration or final Negative Declaration (copy attached). n Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Dench. See attached Special Conditions. Lisa Walters, Harbor Resou July 2, 2013 Attachments - Worksheet for wilding hermit Application (Drawing Pier Conditions Fuge 2 of 2 Print Forrn. Worksheet for Combo Building & Solar Permit Application F_ Comm'I Residential City of Newport Beach - Building Division NOTE: PLAN CHECK FEES DUE AT TIME OF SUBMITTAL F -Building F_ Grading F -Drainage F Elec F- Mech F Plum Cu Address (Not mailing address) I- Flood F Fire r Liq 107 HARBOR ISLAND ROAD Description of Work Remove existing 590 sq. ft. overwater coverage dock system. Remove T of existing pier. Re -use system Remove and replace 3 -14" sqconcrete guide pile. Install new 3 x14 gangway. ite No Use F - Const Type # StoriesF_ # Units (if Res) Valuation $ 50,000 New/Add SF x Remodel SF Garage/New/Add F Material/Labor OWNER'S NAME Last Dixon First Rocky & Julie Owner's Address Owner's E-mail Address 107 Harbor Island Road Jacquelyn.chung@sbcglobal.net City Newport Beach State CA Zip 92660 Telephone 949.631.3121 APPLICANT'S NAME Last Swift First Pete Applicant's Address Applicant's E-mail Address 2027 Placentia Avenue Jacquelyn. ch ung@sbcglobal. net City Costa Mesa State CA Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address F 71 City State F_- Zip I Telephone ENGINEER'S NAME Last Bazley First Tim Lic. No. 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200 Jacquelyn.chung@sbcglobal.net City San Pedro State CA Zip 90731 Telephone 949.631.3121 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Class Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State CA Zip 92627 Telephone 949.631.3121 SETBACKS REAR SETBACKS FRONT PERMIT NO. SETBACKS LEFT SETBACKS RIGHT USE ZONE PLAN CHECK NO. Ii,9--2-015 DEVELOPMENT NO PLAN CHECK FEES $ Worksheet for Building Combo Permit Application City of Newport Beach - Building Division Comm'I j— Residential NOTE: PLAN CHECK..FEE DUE.AT TIME OF SUBMITTAL rBuilding F7 Grading F -Drainage .7 Bec j-` Mech I— Plum cu Yd cut Cu Yd Fill r Project Address (Not address) Floor Suite No F Description of Work . Use Remove existing 712 sq, ft. floating dock and 3 existing 14" sq. concrete guide pile. Remove 6 ft. from existing pier. Re -use pier support pile in different location. Replace with new 625 sq. #Stories— #Units (if Res ft. floating dock and 3 new 14 sq. concrete guide pile. Install new 3 x 24 gangway. I �— Valuation $ �/-� D D .� New/Add SFRemodel.SF� � Garage/Ne 1 w/Add I Material/LaborV lJ(/ OWNER'S NAME. Last ( �Y1 First I l�Y U iP! Owner's Address Owner's E-mail Address D IJacquelyn.chung@sbcglobal.net CNewport Beach State Califomia 949. 631.3121 Tele hone p Zip ZO p APPLICANTS NAME Last Swift First ,Pete Applicant's Address Applicant's E-mail AddressY 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net ti C "E"C City Costa Mesa State Califomia Zip 92627 - Telephoner949.631.3121 ARCHITECT/DESIGNEIrS NAME Last �— First �- Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City State Zip Telephonel�� ENGINEER'S NAME Last Bazley First Tim Lic. No. 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200 1Jacquelyn.chung@sbcglobal.net City San Pedro State. California. Zip 90731 Telephone 949.631.3121 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders Lic. No. 1797052 Class 1A Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Ci Costa Mesa StateCalifomia Zip J92627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING'P/C FEE $ . PLANNING P/C FEE $ PLAN CHECK NO. l ELEC/PLUM/MECH PIC FEE $ PLAN CHECK FEE $ DEVELOPMENT# TOTAL. FEES PAID $ CITY OF NEWPORT BEACH CITY OF NEWPORT BERCN ; I \ v ISLE M"AN FIFR �� BHY PTCI FI 4C \ �� f It RIV HIMT VICINITY MAPrrr PROF I LE 1' = 40' SIDINGS FIRE EXPRESSED IN FEET RND DENOTE ELEVRTIONS BRSED ON MEM LOWER LOW WRTER. -- — _I SCOPE OF WORK ---- -- - p Remove existing 590 sq. ft. overwater coverage dock system and 3 existing 14" sq. concrete guide pile. Remove T of existing pier. Oar%( ��y� Re -use pier support pile indifferent location. 4 - -- - -;- - Replace with new 585 sq. ft. overwater coverage dock system and 'Alpl=1� -- - 3 new 14" sq. concrete guide pile. 2Xs g` ; Install new 3 x 24 gangway. - - I - ; — — z o fLU ooCIS h yrs 5- - 04i" f to ii Lo 'o c tr,,,, - 0 r'x � G i V '� q �� l - - - y CD CL rU.1 E5 CIO _ - - W -$ WWZ 10,i T IV ,� - -} _ CITY OF NEWPORT BEACH — T 17MICANT'S MM �l Ky D1 �N JOB ADDRESS 101 w Di(WARA [DRTE -1-01. 20 I77 Map Output Page I ®f I http://www6,.city.newport-beach.ca.Lis/serviet/com.esri.esrimap.Esrimap?ServiceName=n... 4/10/2013 Dock and Pier Builders, Inc. Contractor's License 797052 A ,www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 Rocky and Julie Dixon 107 Harbor Island Road Newport Beach, California 92660 Remove existing 590 sq. ft. overwater coverage dock system and 3 existing 14" sq. concrete guide pile. Remove 7' of existing pier. Re -use pier support pile in different location. Replace with new 484 sq. ft.overwater coverage dock system and 3 new 14" sq. concrete guide pile. Install new.3 x 24 gangway. Document #1— Assessors Map Document #2 — Aerial View of Project Site Document #3 — Project Site Document #4 — Drawing of Exisiting Floating Dock Document #5 — Drawing of Proposed Floating Dock Floating Dock Superfloat flotation pontoons 4 x 8 framing with 5 x 7 angle clips and 1/2" bolting throughout 3 —14" square pre -stressed concrete guide pile 1 x 6 TREX composite decking attached with stainless steel screws 3 x 12 facia with white rub strip and corners Steel pile guides with 4 polyurethane rollers each Gangway 24'x 3' dimensions 2 X 12 stringers Heavy duty hinge and axle wheel combination 3 x 4 posts Milled handrails an double sided rails Decking to match floating dock Pier Remove 7 x 5 section of existing pier Remove and re -locate existing pier support pile AUTHORIZATION OF AGENT (We Di k6 Kl' '--el-eby designate and I authorize Peter Swift, and his representatije �acque;yn ad, '-hu L L or, my behalf as,,,-ny agent in the prcess ina of this permit appkation and to furnishupCir7 requesting, soppier .,entai Information il-, support of, applicatior. EXHIBIT "E" Recording Requested By and When Recorded Return To: City of Newport Beach 3300 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Glerk (Exempt From Recording Fees Pursuant to Government Code § 27383) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) MEMORANDUM OF LEASE THIS LEASE is made and entered into between the City of Newport Beach, a California municipal corporation and charter city ("Lessor") and John W. Dixon and Julie B. -Dixon, husband and wife as community property with right of survivorship ("Lessee"). Lessor hereby leases to Lessee that real property located in the City of Newport Beach, County of Orange, California, described in Exhibit °1" attached hereto ("Property"). The term of the Lease is fifty (50) years, commencing March2013, and ending March �� , 2063. This Lease is subject to the terms conditions and provisions of an unrecorded lease between the parties dated. March N 2013, which is incorporated herein by reference. Unless extended by a recorded amendment or supplement hereto, this Memorandum of Lease will automatically terminate as of March j ; 2063. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the Parties have caused this Memorandum of Lease to be executed on the dates.written below. APPROVED AS TO FORM: OFFICE OF THS� CITY ATTORNEY Date: T /oV 13 CITY OF NEWPORT BEACH, A California municipal corporation Date:_ '3- By:��/aL By. Aaron Harp David i City Attorney City Manager ATTEST: 3�L� l� LESSEE Date: Date: 7 By: Leilani Br wn . John . Dixon City Clerk Date: 3 _q� l3 By: - Julie B. Dixon CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF GA-L-�M } COUNTY OF A�56-rtAj ; S.S. On J before me, 1 r �� a Notary Public in and for said state personally pp`afed T' ! • z -S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her7thei sipature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY of PERJURY under the laws of the State'of Cali forn n�ty)�f® b_' Paragraph is true "y and correct. a�Q WITNESS my and and official sea]. Signatu JA 61)1 ' !Ron'ThWi ea for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [ } INDIVIDUAL [) CORPORATE OFFICER(S) TITLE(S) [ ] PARTNER(S) - [ ] LIMITED [ ] GENERAL [ ) ATTORNEY-IN-FACT [ ] TRUSTEE(S) [) GL1ARDIAN/CONSERVATOR [) OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATF. OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WASHINGTON INDIVIDUAL ACKNOWLEDGEMENT STATE OF WASHINGTON COUNTY OF -A6 -0h4 04. tis day p rsonally appeared before me �� u��. �(X 6Yl and to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Give under my hand and seal of office this day of Zp_. Printed Name: �N�wr�rnyi D O My Comission Expires: 7� h yam. iron CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On March 18, 2013 before me, M Locey, Notary Public, personally appeared David Kiff who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said e OPTIONAL INFORMATION Title or Type of Document: Memorandum of. Lease -Dixon ------------- M. LOCEY Commission #t 1864451 z -� Notary Public - California zz Z Orange County My Comm. Ex fres Oct 7, 2013 EXHIBIT "1" LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Newport Beach, County of Orange, California, described as follows: Lot B as shown on the map filed in Book 13, Page 42 of Record of Surveys in the Office of the County Recorder, County of Orange, State of California. Date: May 3, 2013 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 107 Harbor Island Rd Newport Beach, CA Preliminary Survey Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 107 Harbor Island Rd., Newport Beach CA No Eelgrass patches were observed'in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. This is a Preliminary report as required'in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, PRELIMINARY SURVEY Page 1 of 11 'e o sin DIVE WORKS (949) 759-03 107 Harbor Island Rd .:429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Preliminary Survey Rocky & Julie Dixon 107 Harbor Island Rd. Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Survey Report Prepared May 3, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRELIMINARY SURVEY Page 2 of 11 DIVE WORKS (949) 759-0773 a ` 429-0 Shoreline Village Drive `a4r Lang Beach, CA 90802 List of Tables List of Figures Current Situation Survey Method Survey Findings Discussion Caulerpa Survey Form Eelgrass Survey Form CONTENTS 107 Harbor Island Rd Newport Beach, CA Preliminary Survey . List of Tables Tablet. Tides and Currents .....................................................................................................................5 List of Figures Figure 1. Location of 107 Harbor Island Rd., Newport Beach ..................................................................................................................'5 Figure 2. Dive Transects ..............................................................................:.............................6 Figure 3. Survey Results ..............................................................................................................7 PRELIMINARY SURVEY Page 3 of 11 " 'VcOR ' DIVE WORKS (949) 759-0773 107 Harbor Island Rd �Y 429-0 Shoreline Village Drive , g Newport Beach, CA 3r�F. ]Long Beach, CA90802 Preliminary Survey Current Situation — Preliminary Survey Resident (Rocky & Julie Dixon) at 107 Harbor Island Rd., Newport Beach, CA is proposing to replace existing "U" shape dock with a .similar "U" shape with slightly different dimension and a reduction in overall square footage. Construction has not started; this is a Preliminary Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not.observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted May 3, 2013 beginning at 1130 hr approximately N Lat 33.6110070, W Long -117.9012260. Day was sunny with air temperature 78° F. Water temperature was 62° F. Depth ranged from beach head at the sea wall to 3' at head -walk to 7' at end of dock. Visibility was 6 feet. See Table 1 Survey area delineated spanning 80 ft wide and 80 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to shoreline. Lane width was approximately 6 ft wide scanning approximately 3 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2' Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). No Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form), nor within 20 feet of the property. Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment). . Visibility was 6 ft. The water depth ranged from 2' at sea wall to 7' at end of dock. See Figure 3 Discussion Eelgrass (Zostera marina) was not observed throughout the area from sea wall to just past end of dock. Mussels were observed on piles and floats. Proposed dock fingers will be 3' to 7' longer than existing dock fingers. Width of proposed dock fingers will reduce by 1'. Head -walk of proposed dock will increase by 1' foot from 7' to 8'. See Figure 3. This'Preliminary Survey finds no impact to habitat or navigation. PRELIMINARY SURVEY Page 4 of 11 o,5' DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive ° r� r �� Long Beach, CA 90802 c Table 1: Tides and Currents NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA Stationld: 9410580 107 Harbor Island Rd Newport Beach, CA Daily Tide Prediction in Feet'r� -a;a�& tro5tataa ue tuna l Time Zonei LST/LDT W 201-3/D5/02-2013105/03 Gookraw& Datum, MLLW 5.88 4.59 J L 4.89 D *' 5.58 m 3.89 2.58 c 2.88 m 1.59 .�' 1.88 r 8.58 oa 8.88 x 8',.58 85/82 85/82 95/92 85/82 85/83 85/03 .85/63 65/83 85/84 12an ban 12pn 6pn 12an 6an 12pn 6pn 12an Date/Tine (LST/LDT) Preliminary Survey r PRELIMINARY SURVEY Page 5 of 11 a s DIVE WORKS (949) 759-077 t x, 107 Harbor Island Rd 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Preliminary Survey Figure 2. Dive Transects 1 } � "Id if 'r1 33x14007' i JJ�jj//�qAp� r !M! 226' }�,' M $ Transects { Dive. Perimeter ArI r IL LY k r ` j IILLLL �y d ,< I 61 kyJ"° yYo � 1 PRELIMINARY SURVEY Page 6 of 11 µ DIVE WORKS (949) 759-0773 0'F't"±.r 429-0 Shoreline Village Drive " Long Beach, CA 90802 Figure 3. Proposed Dock PRELIMINARY SURVEY 107. Harbor Island Rd Newport Beach, CA Preliminary Survey Page 7 of 11 9 Wt'S, DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form 107 Harbor Island Rd Newport Beach, CA Preliminary Survey 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 was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 107 Harbor Island Rd. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 6110070 Lat (UTM; Lat./Long., datum, accuracy W -117.901226° Long level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the Replace existing "U" shape dock with a new "U" shape dock permits identified above) PRELIMINARY SURVEY Page 8 of 11 op DIVE WORKS (949) 759-0773 107 Harbor Island Rd RM w hr v.. 7429-0 Shoreline Village Drive MI Newport Beach, CA 0"S"2 � AR "� Long Beach, CA 90802 Preliminary Survey Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'-7" Bottom is sediment, Sand and Dirt. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 7811 Air 620 Water Salinity: Dominant flora: Dominant fauna: Mussels, Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: May 3, 2013 surveyed. (SCUBA, remote video, etc.) and TIME :1130 hr survey methods employed, date of work, and survey density (estimated percentage of the. bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any.additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 9 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Eelgrass Survey Reporting Form 107 Harbor_ Island Rd Newport Beach, CA Preliminar Survey This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game; 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 107 Harbor Island Rd. New' port Beach, CA Survey Contact: Robert, Wiegand (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 6110070 Lat (LITM, Lat./Long., datum, accuracy W -117.901226° Long level, attach electronic survey area map ifpossible) Was Eelgrass Detected: Eelgrass within 15' of project / disposal site Eelgrass within 15'-30' of project / disposal site X . No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be Replace existing "U" shape dock with a new "U" shape dock conducted at the site under the permits identified above) PRELIMINARY SURVEY Page 10 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 107 Harbor Island Rd Newport Beach, CA Preliminar Survey Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'-7" Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 780 Air 620 Water Salinity: Dominant flora: None Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: May 3, 2013 surveyed. (SCUBA,, remote video, etc.) and TIME :1130 survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRELIMINARY SURVEY Page 11 of 11 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions July 22, 2013 Property Address: 107 Harbor Island Rd. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the northernmost side of the float is 22'. 11. The maximum beam of a vessel that is permitted to side -tie to the southernmost side of the float is 12'. Lisa Walters, Harbor Resources Applicant Signature Joint Pier Applicant Signature (if applicable) Print Name Print Name Page 2 of 2 Date Date Date HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: February 19, 2013 Permit Number: 13s— kp- ** Property Address: 107 Harbor Island Road, Newport Beach, CA 92660 ** Buyer's Names: John W. Dixon and Julie B. Dixon Billing Address: A TP&PACre& /4 q-/ 67 - Telephone No.: C+LJ ?j' 39k5 ** Buyer's Signatures: ** Seller's Names: The :Dorothy 1. Devine Residence Trust dated June 30, 1.981 ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 44550 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxeroft Phone Number: 949-640-6040 Closing Date (Estimated): March 15, 201.3 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: CQ— )&ko) Reinspection Date: Fee Paid: 4 Check No.: 5Sc? -7D Application Completed: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 "Date of Application: February 19, 2013 Permit Number: 1 3S --t®- ** Property Address: 107 .Harbor Island Road, Newport Beach, CA 92660 ** Buyer's Names: John W. Dixon and Julie B. Dixon Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names: ** Seller's Signatures: Joint Owner Signature: The :Dorothy .I. Devine .Residence Trust dated June 30, 1981. ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660. ** Escrow Number: 44550 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): March 15, 2013 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: -moi Check No.: 55 q1477 0 Application Completed: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code F� F c ' 6r. v1 r� r Yr "a. �"S EwP°'b o4 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 U949-644-3044/Fax 949-723-0589 �9LIFOVL March 22, 2013 Mariners Escrow Fax# 949.721.8157 Re: 107 Harbor Island Road Escrow#44550-BF ®ear Mariners Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, Marr WaB Lisa Walters �Ij CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 February 26, 2013 Mariners Escrow Fax #949.721.8157 Re: Escrow# 44550 -BF 107 Harbor Island Road We were unable to locate the backflow device during our field visit for the property transfer. Please call me and let me know of its location. If there is not a testable backflow prevention device, one will need to be installed prior to pier transfer. Thank you, .,PBa QUI%alters Lisa Walters Harbor Resources INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: o�lCC- Inspector: `Z"y Pier Address: Pier Transfe GFI Present Anti -Siphon / Backflow Present Other Comments Reinspection YeV Need None Needed 3. Eelgrass Date Time Eelgrass Within 15' of Project Eelgrass Within 15'- 30' of Project ❑ No. Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page I of I http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esrimap?ServiceName=n... 02/25/2013 Harbor Resources Depairtment Date: Inspection Requested By: Inspector: Don Duffy r Pier Address: ,7,/CI —) o—,l H,� D, sit. Pier Transfer GFI Present Yes Need Anti -Siphon / Backflow Present Other Comments 1, NOW= Yes No Presentl I IZMIR =171 Al Pier Location Reinspection None Needed Yes Need ------ Recommended Action Encroachmenet dre (4 —ss 6-f-C—o­mplaining Party 0 2-, Boat Description fNryfs"n-, 0 - CF Number Location on Dock Comments I Observations Z/, Other Request a G/ M C3 Ln A U,, Ln Ln Postage Postage $ $ nj Certified Fee Postmark Iq Return Receipt Fee (Endorsement Required) Here C3 C3 Restricted DeliverY Fee C3 nt Required) (Endorsement Re uired) C3 rLj Total Postage & Fees $ 1 M C3 Sent To 7od 7 I)ev I, --------- rl C3 ------------- ---------------- Si. Street, �A��C No.,, or PO? Box No. 44 -Z y or P 0 ------ ------------- ............ C3 ------------- City T --------- July 11, 2005 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Mr. Tad Devine 1424 Dolphin Terrace Newport Beach, CA 92625 RE: Illegal Live Aboard at 107 Harbor Island Rd. Dear Mr. Devine, It has been brought to my attention through an anonymous complaint that there may be an illegal live aboard on the vessel "Hildago" which is berthed at your residential pier at 107 Harbor Island Rd. Please be advised that it is illegal to live aboard a vessel at a residentially zoned pier such as yours. The Harbor Permit Policies, Section: General Provisions For Permits For Harbor Structures — K, state: "In those areas of the Harbor where the piers and floats are bayward of residential zoned areas, live aboards shall not be permitted." On December 29, 2004, I wrote you a letter describing this same complaint. At that time, you were very cooperative and assured me, through a written letter to your dock tenant, that the problem would cease. On a July 6, 2005 phone call, I informed you of the reoccurring complaint about a possible live aboard at 107 Harbor Island Rd. I explained that Harbor Resources and the Harbor Patrol would be investigating the complaint and if we found that someone was living aboard a vessel at your dock, I would be forced to issue you an Administrative Citation based on your previous warning. Current rules allow for people to stay aboard their vessel 3 nights out of every 30 days. Please take whatever measures necessary to cease live aboard activity at your residential dock immediately. If you fail to take corrective action to bring your dock into compliance, an Administrative Citation may be issued to you, the pier permittee, and penalties will begin to accrue ($100, $200, $500 daily increments). Your cooperation is greatly appreciated. If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel free to give me a call. This letter was sent via first class regular mail and certified mail. Thank you, 019, Chris Miller Harbor Resources (949) 644-3043 cmiller@city.newport-beach.ca.us I SENDER:DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.' A. Receiv a riot Clearly) e o eli srrl ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Signat re X <,, El j ❑ Addressee j 1. Article Addressed to D. delivery address different from item 1? LJ Yes If YES, enter delivery address below: ❑ No My, i a0 O-evyv)e- � jyzy (�c,l�h�n j er�vce I 3. Service Type Certified Mail • ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise U✓ i1 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) ?001 0320 0001 2115 5503 1 PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-142 . I UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 M -0 Ln7. 3, nui -a Postage P stage L -7S 0 -1 Certified Fee postmark ru Here -1 Return Receipt Fee 1:3 (Endorsement Required) M Restricted Delivery Fee C3 (Endorsement Required) C3 Total postage & Fees $ rU M Sent FTO C3------- ------ ----------- Sti­---- eet, Apt. - - E3 or PO Box NO. 07 ------------ ------------ - --------- Y S, r-3 State, Z6 U-NMIMINERUM -D Ln mtN ru -0 r=1 Postage -q ru Certified Fee Postmark ,q Return Receipt Fee (Endorsement Required) Here C3 C3 M Restricted Delivery Fee (Endorsement Required) C3 ru Total Postage & Fees M C3 Sent To C3 ----------------- or PO Box No. IYLq ------- ------ Q41 C3City, Sjjfj,- f(F5;4 ------ 6- ------ --------- PS Form 3800, January 2001 See Reverse for Instructions December 29, 2004 CITY OF NEWPORT BEACH Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 Ms. Dorothy Devine 107 Harbor Island Rd. Newport Beach, CA 92660 Mr. Tad Devine 1424 Dolphin Terrace Corona Del Mar, CA 92625 RE: Illegal Live Aboard at 107 Harbor Island Rd. Dear Ms. Devine and Mr. Devine, It has been brought to my attention through an anonymous complaint that there is an illegal live aboard on the vessel "Hildago" which is berthed at your pier at 107 Harbor Island Rd. Please be advised that it is illegal to live aboard a vessel at a residentially zoned pier such as yours. The Harbor Permit Policies, Section: General Provisions For Permits For Harbor Structures — K, state: "In those areas of the Harbor where the piers and floats are bayward of residential zoned areas, live aboards shall not be permitted." Please take whatever measures necessary to cease live aboard activity at your residential dock within ten (10) calendar days from the date of this letter. If you fail to take corrective action to bring your dock into compliance by January 8, 2005, an Administrative Citation may be issued to you, the pier permittee, and penalties will begin to accrue ($100, $200, $500 daily increments). Your cooperation will be greatly appreciated in this matter. If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel free to give me a call. This letter was sent first class regular mail and certified mail. Thank you, Chris Miller Harbor Resources (949) 644-3043 CMiller@city.newport-beach.ca.us ----._ yypp _� y %.. PITNEY BOWES • $ 4'A� .... 02 1A 0004333950 DEC 29 2004 MAILED FROM ZIP CODE 92663 °ru ru _\ - � Q O `I O ru 1' _ C3 .J co ,- �— _--- O N Q r. Ucu b 1..'_ .. L L L Lo m co o 1. co x CC G r Z kilo 0 cd N io m OLCOa u U�zacd w x o m o Rj V Z L CA H C= la 'y t iiJ CL 0 .d3 yo u�O 1^wJy F n� l from the desk of Tad Devine WICVTc�V- devine properties inc. T.A. Devine, Pres./CEO Captain Fred Bockmiller P.O. Box 4012 Newport Beach, CA 92661 Dear Fred, ,- e� Estab.1969 January 9, 2005 I want to review in writing the issues discussed in our meeting yesterday January 8, 2005, where I gave you a copy of a letter I received from the City of Newport Beach regarding your alleged "Living aboard" the "Hidalgo". I reviewed with you the City's position and the surveillance actions they will be undertaking to monitor your possibly "living aboard", in violation of city ordinances. As I told you, this will include close observation of "Hidalgo" by the Harbor Patrol as they make their patrols on the bay. Police on motor patrol will be looking for the presence of your car parked in the Beacon Bay area at hours that would indicate that you were spending an overnight aboard. The city is initiating this activity in response to a complaint and must be responsive. I must take action or as you will note in the letter, I'm subject to fines. Needless to say, this does not make me very comfortable. Fred, we have discussed this in the past. You may recall my letter of August 8, 2004. 1 think] made my position clear, there is NO living aboard. You have assured me that you are not living aboard, "Hidalgo" but residing at your son's residence in Costa Mesa. You acknowledged that you spend a lot of time aboard, and sometimes stay aboard "Hidalgo" in the evenings to watch TV. You assure me that you don't stay overnight. I will take that at face value. However Fred, I want no misunderstanding, which is, should you engage in activity which is assessed as "living aboard", as determined by the authorities, you will be asked to remove "Hidalgo" from the dock immediately. I want you to acknowledge your understanding of the situation. I want you sign and return to me, a copy of this letter (a copy and stamped envelope is enclosed), acknowledging your understanding of the above. Sony Fred, but I know you understand the situation. Regards, Tad Devine Encl. cc. Chris Miller, Harbor Resources, City of Newport Beach. Acknowledgement: I have received a copy of the City of Newport Beach's letter of December 29, 2004, regarding "live aboard", and I have read and understand the above letter. Captain Fred Bockmiller, Date 1424 Dolphin Terrace, Corona Del Mar CA 92625, Phone (949) 644-9664, Fax (949) 644-9667' Cell: (714) 292-5677 Email: devinepropinc(caol.com `7—t3 -31 187 1?%,q oVii 11 t3 j4 �5S�I-A A7S,q n ?- fo Z l OVtYL ` q,,IO SLe-e,�o Message From: Miller, Chris [CMiller@city.newport-beach.ca.us] Sent: Wednesday, December 15, 2004 8:32 AM To: GIUDICE, ERIN L , Subject: Illegal Live Aboard at 107 Harbor Island Rd. Erin, Page 1 of 1 We received an anonymous complaint from a neighbor that there is an illegal lige aboard at a residential pier at 107 Harbor Island Rd. The informant has been monitoring this activity for many months and in fact, she was in our office earlier this year asking what the rules were about live aboards. At the time, she was afraid to file a complaint. Per the Harbor Permit Policies, "in those areas of the Harbor where the piers and floats are bayward of residential zoned areas; live aboards shall not be permitted." Of course, one of the major reasons for this Policy revolves around water quality. Appparantly, the boat does not move from its slip for pump out. We do not know if a service comes to pump out either. Could I ask for your department to monitor this vessel on a regular basis, especially at night? Attached are pictures and locations. As you can see, the vessel windows are covered with a heavy tarp so it would be impossible for anyone to see lights from the inside. The only way to check things out would be to board the vessel, I suppose. Since this is Policy and not Code, I would be responsible for writing the Administrative Citation ($100, $200 & $500 daily increments) to the pier permittee who is ultimately responsible. But, I would need verification from your department that this is actually occuring. I would appreciate if you could let me know what you find out so I can begin writing letters and taking action. Thanks. Please give me a call if you need additional information. o `F l^ o� y°aio.r Gum la- a 0 pq Z-1 0(i LAfgo b �:i �'I �?.S . or►E 13014202Yh_ 1 1 u F t r A lnr4rJ l2 h�►t�l..r® l�l'I�F9.�1 e " `� OAJ —r17 . /� `' °,sem Q 4 sQ `el - 04 DNU Opt 'Z _ �,- �� � IIS • � -� � � �.,,, iv.6 6 &ae.5 � 2 - '�°[ - o`% � �� 3 � ry ® c�►-�� cry sL(Lcl� /Z���'tS �°-- sla 5[-)q 7TA-5 -F)IA(-1 G -s tJD Cid No &qg 64 C_� @ Zo�.�-s � �2.►�•�.r.n �-$a�Ew►� ►�� awe � �e- a 330 C, kle 06 d'135, n �l 1, L, 4 00 17 AM �S16 d /3S �-2 50 ,o /o 6 L ra -AMOK 4f -r-,-4 �JlevAkrlL. d Ioo sox t4, ce-") ®�� Vicki L. Wilson, Director 0� COUNTY OF ORANGEpay Coun Pro Permits 300 N. Flower Street PUBLIC FACILITIES & RESOURCES DEPARTMENT �gLtFOR~� / Santa Ana, CA,92703 Telephone: (714) 834-5707 �. Fax: (714) 835-7425 January 31, 2002 Dorothy I. Devine, R.E. Trust T.A. Devine Trustee 1424 Dolphin Terrace Corona Del Mar, CA 92625 Subject: Annual Tidelands Encroachment Pier Permit # 1999-01551 Property address: 107 Harbor Island Road, Newport Beach. Assessors. parcel number 050-220-33 Dear Mr. Devine: Enclosed you will find your Tidelands Encroachment pier permit and your receipt. Attached to your new permit are the special provisions that are a condition of the permit. It has been reported to this office that you are in violation of Section E of the permits special provisions. Per Section E of the special provisions, sub -leasing your pier will cause you to forfeit your permit and your pier will be subject to removal by the County of Orange. Please consider this letter as your notification that you must comply with Section E of the special provisions within thirty days from the date shown above. The County's Code Enforcement Unit will attach a copy of this letter and a copy of the special provisions to your pier for reference. Please call me at 714/834-5707 with any inquires you may have or email me at carolyn.uribe(a-,)pfrd.ocgov.com. Respectfully yours, - C' C� ZI Caro yn A. Uribe Engineering Technician II County Property Permits Dept. Attachments: 4 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 February 2, 1994 Dorothy Devine 107 Harbor Island Rd. Newport Beach, Ca. 92660 Re: Pier Permit 0135-0107-1 Dear Ms. Devine: The City of Newport Beach has received notice of a complaint from the Orange County Sheriffs Harbor Department regarding the pier and float bayward of 107 Harbor Island Rd., Newport Beach. Specifically, the complaint is that there is a violation of Section 4-K of the Harbor Permit Policies, which states: "In those areas of the harbor where the piers and floats are bayward of residential zoned areas and are reserved for the occupants of the abutting upland property, liveaboards shall not be permitted." Initial verification has established that there exist a liveaboard situation with a vessel berthed at your dock, and this letter requires the permittee to correct the situation and come into compliance with the above stated policy within fifteen (15) from the date on this letter. If you need to discuss this further, please call me at 714-644- 3044. �. Sincerely, / , Wes Armand Harbor Inspector City of Newport Beach Marine Department 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-11768 T j 9 9;" 7% 4 71 1 -arbor is al-ld 92660 '7 p T-4 i - h, (:� r P,, 3 De., Th e Ci t V�,';e, wpD Be a c n d a de: 4 I ;a n rd. Drive F. e C' j onlcoai'd. t!�e -,ec, 4 t. f S I t "M 1 e S sr-,cri acs i s c ,.I 3300 Newport Boulevard, Newport Beach CIS' OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 gClF0FN 10-01-90 Ms. Dorothy Devine lib, Harbor- island Rd. 92 L � �.i;_ 4nr �i �; r'..t �{ �' e:l G rI } L cl . t? O t.• 7C Re:Harbor" Permit � 135-4 '. Dear his. Devine: -she City oi Newport Beach has received a complaint regart"_;-g the use of your residential pier and float tbayw.ard ,of *h above address. Specifically, the complaint is that the vessel Freedom Hope is being used as a live aboard boat in viniation of Section 4 of the Harbor- Permit Policies, which states: 4-k--: " in those areas of the harbor- where the piers a:nd 4luats are baywar-d of residential zoned areas, and are reserved for occupants of the abutting upland property, 1 i•veaboar-ds shall not be permitted.'' F 1'=a_ c_jonta`t me at the Marine Depar-tmOt as soon as t C 714-644-0044. 1��c'4t�1F�? todi ACUS=. this 5 La r r1� 1 �� all Sincerelyf Wes Armand Marine Department 3300 Newport Boulevard, Newport Beach Worksheet for Building Combo Permit Application aEWPo i'nnt Qrin - � -�Rr City of Newport Beach - Building Department' , } Please print -3 copies \ z IF [7Building f7 Grading F -'Drainage F— Elec MechHAMR RE UR 1. Project Address (Not mailing address) I I OF NEWPORT Tenant Name(if Applicable) �, Y `W l < ............ # Units (if Residential) 2. Description of Work Use l ........ ...... ........................... Exist House SFF77 Demo House SF ........................ F77 ./.:...................:.. .� Add/Reconstruct House SF ......... Valuation $ W 1 Exist Gar SF Demo Garage SF , Add/Reconstruct Garage SF ...............................................: #Stories F7 TOTAL HOUSE SIF . ............ ..... .......... ,. Cu Yd Cut, New Add Alter Demo TOTAL GARAGE SF Cu Yd Fill Check Appropriate Box for Applicant Owner's Name Last® First[ -TAD Owner's Address o ►.r�. ...... . City State Owner's E-mail Address . .... . . Zip Telephone ............. . 4. Architect/Designer's Name Last First' Lic. No. Architect/Designer's Address 17 ............................. ............... .. . City ' State Architect/Designer's E-mail Address Zip� Telephoned [7.5. Engineer's Name Last First Lic. No. Engineer's Address CityState ................... : ........................................................ ......................F77 6. Contractor's Name Last Contractor's A dress ...... ...... DI . City State ff OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Engineer's E-mail Address ... ......................................... ....... ........ Zip .................... .............Telephone First` Lic. No. Class ....................: ` Contractor's E-mail Address P .................... V..WT ................. .................................... � ..... �I� j ... ................................. Zip Telephonew,V 1 PERMIT NO. PLAN CHECK NO. Rev 1118107 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ 22` 2-2011 CITY OF N CITY W MF o" Bm Y [EINI TY MAP MM Mr, OLVOM r s LV C— S5 7 S%Dc ADp17 ION /0 7 f -/.x,213 D!2 / 1SLAAAD ez: 419 0 1A SCOPE OF WORK:'-- -- T, PIC -I,:) Remove and replace 1, 4' "T" Pile E-XZSi ! 'XIS T, BULXHF 12 27"F1445 ( L I o : HARBOR RESOURCES DIV. CITY OF NEWPORT BEACH DdCK j �eNE,4D L✓NE � - l4" /o sr' D, 70.00 MT's hD TV17--,-NOMM�—MKS I pq P-OrIxQW01am ii f� PERMIT NO. DREDGING APPLICATION Project Location: 107 Harbor Island Dr. Cubic `dards to be Dredged: 277 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposi Kwon of Dredged Material: Place material on adjacent beach Method of ,Materia'_ Disposition: Pump through discharge pipe to disposal fill area Turbidity Control Method:- Filter screen around discharge site, if needed Effect of dreGc-.a_n7 on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead LaVerne Harris , hereby state that I have read the S. Army. ;print r_a.m.e Corps orc�-;ear permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (If applicable? Dermit for maintenance dredging and that I accept all the Provisions the:reln. Additionally I guarantee teat the proposed dredging will not occur because of any altering of existing use of +:'-.e affected zone. Dorohy Dev ine _ Newport Dredging �Aon-I c a name) .,..oa, ~or--.9''e� :aye' 2/21/85 Re-esentat i ve 0 q � 1 EEE �l .Lo.rl2_BcocA, I/ani? 0 � yy 1 o O f ti6wro,r! l.ad�Ok' p{p{ 11 >- ' 6/.ed po, �'.g• ...v.,. ,,,•.Y.._...... ._.,_ �!K 74 8'�esr 4 a Jsrry k k-7 ' d Ir. ^�'xwvoRr ��aY CAL os®':.Nr,c, Y� / � F ell _ `aL�apsn9S C/r� e.C�iCssCd7 rri d��a� orad cm►nod # • � ! ,'`� may^ "�,� �: v� /h s t+�1r� w �°ca. i : o rv�r G o mcr �/o,��r. ✓F�o.kln..d��mcr ' mz � � �- — — — — — �, ,,,� ,.�rraye c7% ,��"�,C o��rr.xl.�sro��w/y' r'c? •a'`aads:0 Fdawbo.r /rir�� p — �_ _ ._ t '�:��-,� c's�'ot�/✓:yd;�c� rs s�h.s .Sw:'�'rlro,,n c��'/t��wrw,c�/ 6�® r a h —•� 9 rYLLWE mammm�vuoa�.>.,«•�.m�.,w�r,,:v:�v�N..,�„w.Yy.uM�.a.�.w.www,.un�am+wwm>aa'�w ' :.�,o..o.-.,.,.�.,,.m.,www.«��.�..W,�:..,.,.�«:..,.,,,«.�wR,..�..,« r �+ •�°' ' R�r ��-°-JF C' CITY OF NEWPORT BEACH H A RZE 0 R F Elk- I I„,,999 PERMISSMeN 9S f83EREGV GRA14'rM TO AN,. MAINTAIN T244E FACHATY Tv AT THE Sz72 T0, THE HAUII.GlaR :'3 ANY Y F A L C 7-y tcl, v'% '.' F T`41�,� CODE. '114� CITT. u7mli DATE SPECIAL CONDMONS: Qar,ps 10” Er,'j,, nesrs Permit Or, nge county Perfalt Other PERMIT ISSUED SUBJECT To DREDGE MATER AL. BEING Hk,4'JLED TO SEA PLACED ON BEACH_ 7-- 7 7 e,.f- CITY OF -NEWPORT BEACH HARBOR PER Pkfi IT PERMISSION IS H"R EBY cONSTRU ND . CT A MAINTAIN THE ITACWTY AT T14E SIT -e 5.qj�DPCATLD, .S THE HARBOR PEFVnAirf UAC+lApl. ANY SPECIAL CONDIT20IN'S T"NiM PEPM: IS NOT "ANSFERARLE C'.-Xql ENT C tt THE C41Y PARSOR T RIGH7S G%IVILTR U11MIDEr, AND THIS PER'ONT VIA',E-1 VVI IN ACCORDANCE WTH TITLE: 'KE iNliC, P L -,G,DE. A BO ZZ C 7 lis -a av;L— ?—/0 — 7 PERMIT NO. DATE SPI'tiCIAL Carp;. Of Ens�inesrs p Orange COU."ty permi't 7 Other -.61, �y STATUS SHEET HARBOR PERMITS LOCATION ,/217T, ._ .S /e" l New PERMIT N0. / --/ Revision APPLICANT NAME % ,��, .:._ f/°,a, Dredging f CONTRACTOR Date Rec'v - r Fee Amt. - Fee Processed,-_ Date Reviewed by Marine Dept. Approved Denied Corection Required,- Description City Council: Approved Denied Remarks DATE MATERIAL SENT/APPROVED C.O.E. SCRZCC SARWQCB J.H.C. OR. CTY. T.I.C. 1. Application 2. Consent Ltr.=G=��V7 3.' "Waste" Ltr. 4. Drawings 5. Staff Report 6. 7. 8. REMARKS / NAME DOROTHY I. DEVINE MAILING ADDRESS APPROVED BY:, P DATE ❑ OCHD ❑ ENGR ❑ COUNCIL PUBLIC WORKS ❑ DEPT. ❑ ESCROW 1 INSPECTION SPECIAL CONDITIONS: ADDRESS OF PROPOSED FACILITY PERMIT # 107 4arbor Island Dr. 135-107 ,- TELEN._ E NO. - _ FEE CHECK NO. DATES 80.- 5-8-78 [APPLICATION IS HEREBY MADE FOR A HARBOR PEERMIT TO JCiTIREVISE A pier anifl9�b T THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF EWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY COMPANY DATED DATE SIGNATUR CITY OF NEWPORT BEACH, CALIF. Wx FORM 68.7010 .> ADDRESS ESS OF PROPOSED FACILITY PERYrtIT 5, AILI'NG ADDRESS TEL NO.� FEE CHECK NO DAT M -APPROVED DATE APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO -OCHD' T/REVISE A�', EN.GR ., ❑ AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY 'OF - NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING -COUNCIL ❑ BY . COMPANY., PUBLIC WORKS DATED .❑ DEPT'. 'ESCROW. ❑ DATE. INSPECTION El- IN SIGNATU R- Fl SPECIAL CONDITIONS: CITY OF NEWPORT BEACH, CALIF, wx,FORM seroio ";I rr �� a � 1 ry 1 ^^ 11 � _. �' ,5• mow._ ^._+ti.� .: "f,. � , � t 49 `,a \ CbIva w4 ,w VICI,� \ 'INTY SKETCH 3n. P'e Wt"WPNEWPORTMAY, CALIFORNIA o t� DIn ZD � ;x7:�' '� .0", �r i .,'::'� �Yna'.m�m�.arv+.eE''�., .., ✓. .]r+'. s4'.Cudr Gvnn c ac.a �c c.:;.;xFai,n.,.,�.n,...—,.�.,.,.�.an, 5CAI_E ✓`-oR.r�a/in5:^a o -as c core s s cd ih ^fc!"r �in� >%i,n �^ r/c��%rh s Iry FEE i be/oaow�a a.-s LenoYca•r Loam i-8�a�leri.9csri.�vc_•m roi 7r of tide oacnr avirn�t�r/y /a7 FSCC^ �,gtab/is^/°scd ire /his ,s�Ctio/i of it/c.a%c�or-/' .r`�'cay. 71.7 P I41a � , . 11 s , Y � i' r 1 1 SPLCO-N 15 May 1978 Miss Dorothy I. Devine 107 Harbor Island Road Newport Beach, CA 92660 Dear Miss Devine: Thank you for your letter of 8 May 1978 notifying us of your intent to construct a modification of a pier and float at 107 harbor Island Road, Lot B, Tract Westside addition. Your drawings have been reviewed and, generally conform to the provisions of General Permit GP004 for privately owned boat docks in Newport Bay. Providing you have complied with State and local laws, you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-043 If you have any further questions please feel free to call our Navigation Branch at (213) 688-5606, and refer to this number. A copy of the General Permit is inclosed. 1 incl As stated � r sE FL 537 Apr 77 Sincerely yours, R.P. UTE P.E. Chief, Construction - operations Division. DEPARTMENT OF THE ARMY 5r) � LOS ANGELES DISTRICT, CORPS OF ENGONEERS P. O. � CALIFORNIABOX4 LOS AGELES, CAL90053 iV SPLCO-N 15 May 1978 Miss Dorothy I. Devine 107 Harbor Island Road Newport Beach, CA 92660 Dear Miss Devine: Thank you for your letter of 8 May 1978 notifying us of your intent to construct a modification of a pier and float at 107 harbor Island Road, Lot B, Tract Westside addition. Your drawings have been reviewed and, generally conform to the provisions of General Permit GP004 for privately owned boat docks in Newport Bay. Providing you have complied with State and local laws, you may proceed with the work. Your proposed work has been assigned General Permit No. GP 004-043 If you have any further questions please feel free to call our Navigation Branch at (213) 688-5606, and refer to this number. A copy of the General Permit is inclosed. 1 incl As stated � r sE FL 537 Apr 77 Sincerely yours, R.P. UTE P.E. Chief, Construction - operations Division. May 17, 1978 i Mrs. Dorothy I: Devine 107 Harbor Island Road Newport Beach, CA 92660 Dear Mrs. Devine: Your letter dated May 8, 1978, requesting clearance for pier and float construction in Newport Bay has been reviewed. We require,in addition to the no waste discharge stipulation, a statement that no boat moored at such facility will be utilized for live -aboard purposes. As soon as your statement is amended, we will provide the necessary clearance. Sincerely, q khn M. asadzinski Senior Engineer OMZ : t1c� from a bridge located between the Baywood Apartments and the Harbor ew homes as he rode his bicycle on the bridge and fell off the bridge breaking his jaw because of',an alleged inadequate railing. (h) Claim of Ellen B_ Smith for damages and personal injuries sustained on or about June 4 1977 when she stepped off the curb at the corner of 26th Street and Balboa Boulevard and twisted and fractured her foot because of a defective area in the asphalt".and is .alleging negligence on the part of th& City in connection with street maintenance.'. (i) Claim of Southern California Gas Company for damages and costs allegedly incurred when City work forces damaged their main at!#22 Baruna Court on or about June 20, 197.71. (j) Claim of Nancy Kilpatrick and Kay Cooper, dba as "Agate 108" for loss of revenue from their parking lot, which was allegedly caused by Fleming Engineering and Construction Company while doing work for the City by parking. their heavy construction equipment in 'the private lot, damaging same as well as a gas pipe. (k) Claim of J. W. Arnold for damage to his door, allegedly caused by a Newport Beach police officer who pursued Mr. Arnold's son into their home at 365 Ramona Way, Costa Mesa on May 6, 1977. 6, The following request to fill personnel vacancies was.approved: (A report from the City Manager) (a) One Equipment Mechanic III in the General` Services Department to fill a position now. vacant. (b) Two Laborers in the General Services Depart- ment to fill positions now vacant. 7. The sound amplification permit of the Villa Nova Restaurant, 3131 West Coast Highway for the use of a public address system to be used between the hours of 4 P.M. and 11 P.M. on August 14, 1977 was approved. (Attached with a report from the Police Department) 8. The following maintenance dredging harbor permits were approved subject to the conditions of'approva Volume 31 - Page 209 ✓-3r-)0 Smith (2739) So Calif Gas Co (2740) Agate 108`. (2728) Arnold (2729) (1203F) Sound Amplif ica- tion (1564F) Permits L304F A CITY OF NEWPORT BEACH COUNCILMEN MINUTES ,o 2 A 9( Z � s is ROLL CAI I �� \ Aiiv„cr R i 477 under the general permit issued by the U: S. Army Corps of Engineers: # 35-107 by Dorothy Devine, 107 Harbor Island Drive and ;'135-082 by Beacon Bay Community Association, X610 Beacon Bay Drive. (A report from the Marine Department attached) 9. The following.budget amendments were approved: BA -4, $87,500 transfer of Budget Appropriations, transfer of Gas Tax Funds for expenditures of maintenance ($80,000) under Section 210.7IS & H Code and for engineering services ($7,500') under Section 2107.5 S & H Code, from Unappropriated Surplus, State Gas Tax Fund to General Fund. BA -S, $300,000 transfer and a decrease in'Un- appropriated Surplus to provide for reserve funds for Corporation Yard, General Fund. BA -6, $419,365 increase in Budget Appropriations and decrease in Unappropriated Surplus for salary adjustments, General Fund. BA -7, $31,420 increase in Budget Appropriations and decrease in Unappropriated Surplus for 1977-78 Salary Adjustments, Park and Recreation Fund. BA -8, $24,690 increase in Budget Appropriations and decrease in Unappropriated Surplus for 1977-78 Salary Adjustments, Library Fund. BA -9, $50,955 increase in Budget Appropriations and decrease in Unappropriated Surplus for retire- ment contributions to cover salary adjustments, Retirement Fund. BA -10, $21,935 increase in Budget Appropriations and decrease in Unappropriated Surplus for 1977-78 Salary Adjustments, Water Fund. BA -11, $530 increase in Budget Appropriations and decrease in Unappropriated Surplus for 1977-78 Salary Adjustments, Marinapark Fund. BA -12, $10,300 increase in Budget Appropriations and decrease in Unappropriated Surplus; from off- street parking reserve for acquisition of the State right-of-way parcel between Tustin Avenue and City -owned lot from State of California, General Fund. BA -13, $141,140 transfer and a decrease in Unap- propriated Surplus to provide for a reserve -of 7.07- ___ � colrAr. LEl^.�� r d _ tron9c��o tcs rr �r h sQ s cf of� low Or f �q I 1 p 1 w� `Z}a JK 4u V 1 � Bbl r e d r�� r � •� �....� 1 w� CITY OF NEWPORT HARBOR PERi,,d- ia PERMISSION IS HERLSY GRA,.,Q7F-D To ANIC MAINTAIN THE FACWTV T""" ,r � , :7, Lt?,� V AT TME SiTZ 7. C A'kte V, 'T zl�,,�q.A4CK AN! Tore nARPou P R,�Vfff Al4y 1-tPECI4.L CGV'V'i4, '"-2' IS NOT -FRAAt-5r-V-i.AELE VJ T THE Cz a�,ASSOR§00 EbB�t RlGvfl� CIVE14 UN'Dr-r-21, 1,1,w�,,-: y �p, EV AND AND! p L CODE. IN ACCORDANCE 'VATH "i'VeL 7 is ARBOR COORDINATOR 4?!5-- PERMIT NO. DATE Permit Oran,ge COmII t Permit othen F -,r- 77 7 MARINE DEPARTMENT August 8, 1977 ITEM NO.: H-10 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBERS 135-107 AND 135-082 FOR MAINTENANCE DREDGING AND BEACH RESTORATION Recommendation If desired, approve the maintenance dredging applications. Discussion These applications require City Council approval under the conditions of approval of the City of Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of Engineers on February 12, 1974 and sub- sequently amended on May 10, 1977 to allow beach restoration. The location and applicants for the proposed dredging and beach restoration are: 135-107 - Dorothy Devine, 107 Harbor Island Drive 135-082 - Beacon Bay community Association, #10 Beacon Bay The staff has reviewed these projects and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will place a filter screen around the discharge site to control turbidity. There is no known eel grass within the project zone. The projects will aid in the protection of the bulkhead at 107 Harbor Island Drive and in beach restoration and maintenance for Beacon Bay Community Association as well as providing adequate depth to moor vessels at the applicants docks. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT V6n- Wel den Tidelands Administrator GEW:II PERMIT NO. DREDGING APPLICATION Project Location: 107 Harbor Island Dr. Cubic Yards to be Dredged: 178 Method of Dredging: Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method.of Material Disposition: Pump through discharge pipe to disposal fill area Turbidity Control Method: Filter screen around discharge site. Effect of dredging on 'contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead I► Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Dgrothy Devine (Applicant -type name 7/8/77 (Date) Shellmaker Inc. Contractor -type name) Signed: on ractor s Representative