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HomeMy WebLinkAboutM2013-0043 (2)DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO •��;' ATTENTION OF Regulatory Division Noel Watson 1411 North Bay Front Newport Beach, California 92662 Dear Mr. Watson: October 30, 2013 Reference is made to your request dated April 4, 2013 (File No. SPL -2013 -00329 -GS). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below at 1411 North Bay Front in Newport Bay within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, you are authorized to perform the following work: 1. Remove an existing 324.50 -square -foot floating dock, seven existing piles (3-T and 4 - guide piles), an existing 20 -foot by 3 -foot gangway, an existing 12 -foot by 10 -foot pier, and an existing 35 -foot by 4.5 -foot approach; 2. Install a new reconfigured dock, including a new 31 -foot by 4.5 -foot approach, a new 12 -foot by 10 -foot pier, a new 20 -foot by 3 -foot gangway, a new 336 -square foot U-shaped floating dock, three new concrete "T" pile, and reuse and relocate 3 existing 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. A signed copy of this Letter of Permission must be returned to the Corps of Engineers. In addition, please use the two attached forms to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process, which is fully described in 33 CFR Part 331 (see attached). Thank you for participating in our regulatory program. If you have any questions, please contact Gerardo Salas of my staff at 213-452-3417 or via e-mail at Gerardo. Salasgusace.appy.mi1. As a courtesy, a copy of this letter is being provided to Ms. Jacquelyn Chung, Swift Slip Dock and Pier Builders, Inc. -2 - Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: http://per2.nwp.usace.army.mil/survey.html. Enclosure(s) PERMITTEE Sincerely, Digitally signed by FARRAR.CORICE.J DN: cAUS, o=U.S Government, 1251907028 EAN.1251907028 con= A RAR.CORICEJ AN.1251907028 Date: 2013.10.30 13:52:42 -07'00' Corice J. Farrar Chief, Orange and Riverside Counties Section South Coast Branch Regulatory Division DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE -3 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on October 30, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. Within 45 calendar days of completion of authorized work in waters of the U.S., the Permittee shall submit to the Corps Regulatory Division a post -project implementation memorandum including the following information: A) Date(s) work within waters of the U.S. was initiated and completed; B) Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); N C) Color photographs (including map of photo points) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified. D) One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to -scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches; and E) Signed Certification of Compliance (attachment to the permit) 2. 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. 3. No earthwork is authorized by this Letter of Permission. 4. 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; D) The plastic wrapping is sealed at all joints to prevent leakage; and E) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 5. No other modifications or work shall occur to the structure permitted herein. 6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 7. The Permittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of the date of completion of operations at least five calendar days prior to such completion. 8. To ensure navigational safety, the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11 th Coast Guard District (dpw) ATTN: Local Notice to Mariners Coast Guard Island, Building 50-2 -5 - Alameda, California 94501-5100 TEL: (510) 437-2980 E-mail: d11LNMguscg.mil Website: http://www.uscg.mil/dll/dp/Inmrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) 1001 South Seaside Ave., Bldg 20 San Pedro, California 90731 Attn: Waterways Management TEL: (310) 521-3860 E-mail: Jevon.L.James2(aguscg.mil and Amy.S.Rens(&sc mil A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). If applicable, include dredge disposal location. 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). 5) VHF -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request, in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. on 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, NOAH, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 10. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 11. This Corps permit does not authorize you to take any threatened or endangered species, or adversely modify its designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. -7- c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. Em 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. I a* LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2013 -00329 -GS Name of Permittee: Noel Watson Dock Replacement Date of Issuance: October 30, 2013 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Brianne.E.Mcguffie@usace.army.mil OR NN (2) FAX this certification, after signing, to: (213) 452-4196 (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00329-GS P.O. Box 532711 Los Angeles, California 90053-2325 -10 - LOS ANGELES DISTRICT U, S. ARMY CORPS OF ENGINEERS V, 1 i, Permit Numbers SPL -2013 -00329 -GS Name of Permittee: Noel Watson Dock Replacement Date of Issuances October 30, 2013 Date work in waters of the U.S, completed: Construction period (in weeks): Name &z phone of contractor (if any): Please note that your permitted activity is subiect to a compliance inspection by an Armv 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: Brianne.E.Mcguffie@usace.army.mil OR (2) FAX this certification, after signing, to: (213) 452-4196 (3) MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2013-00329-GS P.O. Box 532711 Los Angeles, California 90053-2325 kkp h 7< b "$F�,��5�x p 1' �, p6� .,"2„ a^.s p `�"✓r �•' za. Applicant: Noel Watson File Number: SPL -2013- Date: October 30, 00329 -GS 2013 Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The follouvring identifies your rights acid options regarding an admihistrattve appeal of the above decision. Additional informat oti may be found at htt�://www.tisace.army roil/cecwlp�es/reg treater als.aspx , or Corps re a, tations at 33 CFR Part 33I . A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. -12- E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may rovide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Gerardo Salas Thomas J. Cavanaugh Regulatory Project Manager Administrative Appeal Review Officer, LA & San Bernardino Section U.S. Army Corps of Engineers 915 Wilshire Blvd South Pacific Division Los Angeles, CA 90017 1455 Market Street, 2052B Phone: (213) 452-3417 San Francisco, California 94103-1399 Email: Gerardo.SalasQusace_armv,mil Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.'t cavanau ha usace.armv.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 -day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature -of appellant oragent. SPD version revised December 17, 2010 DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX EMAIL: tr ipc r M 6 March 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 an existing 577.5 sq, ft. floating dock system and 7 pile — 3 "T" pile and 4 guide pile — for 8.16 sq. ft. of fill. Replace with new floating dock gangway, pier, approach, and 3 "T" pile. Re -use and re -locate 3 existing guide pile. Total proposed dock system will measure 655.5 sq. ft. and 7.0 sq. ft. of fill. 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: 2. Project Address: 3. Applicant Phone: 4. Parcel Number: 5. Scope of Work: Latitude/Longitude: Applicable Fees: Statement. Statement: Noel Watson 1411 North Bay Front Newport Beach.. California 92662 949.631.3121 050 151 01 Remove an existing 577.5 sq. ft. floating dock system and 7 pile — 3 "T" pile and 4 guide pile — for 8.16 sq. ft. of fill. Replace with new floating dock gangway, pier., approach,. and 3 "T" pile. Re -use and re -locate 3 existing guide pile. Total proposed dock system will measure 655.5 sq. ft. and 7.0 sq. ft. of fill. N33.6084930, W-117.8892190 Enclosed is a check for the application fee. This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions April 11, 2013 Property Address: 1411 N. Bay Front 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-11 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 condition=s. 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 16,28.040 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 an either sire. 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 Cone. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 15'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 6'. Lisa Walters, Harbpr Resources Date �r . Applicant ignature Print Name � Dates Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 tl� Long Beach, CA 90802-4302 (562)590-5071 Date: July 31, 2013 Permit No. 5-13-106 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on June 24, 2013 and was reported to the Commission on July 11, 2013 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director Title: Coastal Proaram Analvst U o% - STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY o, EDMUND G- BROWN JR., Governor CALIFORNIA COASTAL COMMISSION J U 11- 8 2 013 South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 Th5b Staff: Liliana Roman -LB Date: June 20, 2013 ADMINISTRATIVE PERMIT Application No. 5-13-106 Applicant: Noel Watson Project Description: Demolish existing 662 sq, ft, "I" shaped dock system and all existing piles and install a new "U" shaped dock system consisting of a 336 sq. ft. floating dock, a 3'x 20' gangway, 10' x 12' pier platform, resulting in a total of 655.50 sq. ft. water coverage and supported by 3 new 14 in. sq. concrete "T" piles and 3 reused and relocated 14 in. sq. concrete guide piles. Project Location: 1411 North Bayfront, Balboa Island, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE,: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting, Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, July 11, 2013 8:30 am Ventura City Hall Council Chambers 501 Poli Street Ventura, CA 93011 IMPORTANT- Before yo t, the followiria 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. 5-13-106(Watson ) Administrative Permit BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOP IENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF-PLi R�MiJT EFFECTIVENESS FROM THIS OFFICE, CHARLES LESTER Executive Director By: Lil ' iana Roman Title: Coastal Prop jam Analyst STANDARD CONDITIONS: permit ;tz amint M' Q111 -i -"."I i-- +I,- -f- -1 * coil U -31 -tions: P-1-- S-9— — UA- Aullovving standard Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the pernift, signed by the pnnlli-- WL "U*hV--JZcd agent, acknowledging receipt of the perinit and acceptance of the terms and conditions, is returned to the Commission office, 2. Expiration. If developincrit 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 pern-ift must be made prior to the expiration date. 1 Interpretation, Any questions of intent or interpretation of any tenu i or condition will be resolved by the Executive Director or the Commission. Assignment. The permit may be assigned to any qualified person, provided assignee fileswith the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions, SPECIAL CONDITIONS: See pages five thru eight. FXECUTIVE 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 Pen -nit, 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. 2 5-13-106(Watson) Administrative Permit FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DuscRn,, riON The project site is coastal waters subject to the public trust located seaward of 1411 N. Bayfront Avenue on Balboa Island in the City of Newport Beach, Orange County (Exhibits # 1 -2). A single- family residence occupies the land parcel that is adjacent to and inland of a bulkhead and public walkway and single family residences characterize the surrounding area. The proposed project will be used for boating related purposes to serve a single-family residential development. The proposed project is the removal of an existing 6.62 sq. ft, "I" shaped dock system and all existing piles and installation of a new "U" shaped dock system consisting of a 336 sq.. ft. floating dock, a 3'x 20' gangway, 10' x 12' pier platform, resulting in a total of 655.50 sq, ft. water coverage and supported by 3 new 14 in, sq. concrete "T" piles and 3 reused and relocated 14 in. sq. concrete guide piles. Exhibit 43 includes site plans for existing and proposed dock configurations. New materials vvill be superfloat flotation pontoons and Trex composite decking; the 3 — 14 in. square concrete guide piles will be re- used from piles removed from the site. The proposed work requires removal of existing piles and installation of new piles resulting in soft bottom disturbance. The proposed dock system exceeds the U.S. Pier bead Line (80' from the bulkhead line), but does not exceed the City of New -port Beach's Project Line (95' from the bulkhead line) in this area of the harbor. This is consistent with the existing development pattern of boat docks in the area and is consistent with the City's harbor permit policy. At 655.50 sq. ft., the proposed new dock configuration would result in a minor 6.5 sq. ft. decrease in overall water coverage than the existing 662 sq. ft. dock; thereby decreasing the dock's overall shading impacts, The site was surveyed for eelgrass and Caulerpa taxi4folia on March 12, 2013. The area surveyed was greater than 75% coverage of project area. The entire area survey spanned approximately 45 feet parallel to the bulkhead/seawall and 95 feet out from the seawall surrounding the existing dock. No eelgrass and no Caulerpa tariffiblia was discovered within the entire project area (Exhibit #4). These eelgrass and Caulerpa taxifolia surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerl)a laxitfolia). If construction does not occur within the respective time periods, a subsequent survey will be required. If any additional eelgrass or Caulerpa taxi folia are found on the project site, Special Conditions No. 2 and No. 3 identify the procedures necessary to be completed prior to beginning any construction. As the site is on Balboa Island, coastal public access to Newport Bay is available to pedestrians along a public boardwalk surrounding the island which is located immediately between the single family residence and the bay waters/subject proposed dock. There is also a public beach between the bulkhead and bay waters. As proposed, the I O'xl 2' pier platform will be located 35' out into the bay waters thereby creating less of an impediment to public access along the public beach in front of the dock-. Additionally, the Grand Canal is immediately adjacent to the subject site providing public access to and from Balboa Island. The proposed dock is being constructed on public tidelands and/or within an area subject to public trust doctrine. A Special Condition is imposed stating that the approval of a Coastal Development Permit for the project does not waive any public rights or interest that exist or may exist on the property. 5-13-106(Watson) Administrative Permit The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division, Harbor Permit Number 151-1411 and Plan Check Number 0552-2013. The Regional Water Quality Control Board (RWQCB) has issued a "General Certification for replacement of Sheet and Dock Piles" determining that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. Staff expects the U,S. Army Corps of Engineers' Letter of Permission (LOP) deeming the project qualifies for the General Concurrence for impacts I to essential fish habitats. Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan and has not exercised the options provided in 30600(bli or 30600,5 to issue its own permits, Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act, The certified Land Use Plan may be used for guidance. B. MARINE RL. souRcEs The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Coulerpa laxifolia. Further, as proposed and conditioned, the project, which is to be. used solely for recreational boating purposes, confornis to Sections 30224 and 30233 of the Coastal Act, C. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, b4t not limited to, the appropriate storage and handl Mg of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs, As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. A 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 comprehensively updated on October 13, 2005. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. 4 5-13-106(Watson) Administrative Permit E. CALIFORNIA, ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives oradditionalfeasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS. This permit is granted subject to the following special conditions: L Wafer 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 frozn-i 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 Tor project improvements will riot be allowed at any time in the intertidal cone. (S) 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 ar-ly 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 Iegal disposal site or recycled at a recycling facility. 7f 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. (1 I)AI1 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 riot be stored in contact with the soil. 5-13-106(Watson) Administrative Per nit (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 arca with appropriate beam and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff, ` be area shall be located as far away from the receiving waters and storm drain inlets as possible. (15)Best Management Practices (BMPs) and good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or containinants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity (16)All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the; approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Gleaning 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. All trash, reeyelables, 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) Petrole-um Control Management Measures: 6 5-13-106(Watson) Administrative Permit 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 cleaning services that recover and properly dispose or recycle all contaminated liquids. c. Bilge cleaners containing detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed pr(�ject, the development shall require an amendment to this pen -nit 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 deter -nine if any eelgrass was adversely impacted. The survey shall be prepared in fall compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post-constmetion 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 7 5-13-106(Watson) Administrative Permit 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 ineters beyond', the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (i) for the review and approval d.f the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action "ream (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Holf#'man, 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 4pplicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights. The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACK�INOWLEDGMEN'i OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledg that L/we have received a copy of this permit and hav accepted its contents includi 11 co ion Applicant's Si ature Date of ignin 920 M4P -- s ArcIMS Viewer 13A.'fFri tt r.LLEY I :� CCA AL OMMUSSION EXHIBIT PAGE --L _......OF W. Page 104 California Coastal Commission South Coast District Office APPROVED- �' --JD�--- Permit No. _ , _ By.------------ C I TY OF NEWPORT- ------ MMT W RE}[ WT Mra rric llce R1`J VICINITY HRP ►Drag nr, MZMM o - U C. M Q- 6 U �2 2 Lo iL! cn cn tum�s� r» oatU' LUwz EXHIBIT f: J _ PATE---- z- O LIT ,A ( CL w i" z5tar� � ' ti 901 ; ---------------- Ka --------- - 4lNi INKS F QED IN FEET Rv DENTE ELEVRi`It?tS BFl5ID Y. Ht LOCR Low wM. SCopt- Rom Otr - t 4 arid) �� s- R�plar� thQAfIP Fp (rr pi ftp�J� (tock `10orpa new fl, $. 26 Sq o Ck Sysro7r . _ 43 0 r Ch �i`%hid ofh'il �a/Ara andr iatat fillisQdo�e��sq. ft.a�e ktar� k e e 655. S JOB MMS JAI I C DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 1411 N Bay Front Newport Beach, Chi Pre Construction Survey larch 12, 2013 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 Hoards (Regions 8 & 9). The farm has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Caluperu. 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 on Paznokas, California Department of Fish & Game, 858-467-4218. This survey 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 Nance: 9419 N Bay Front. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOS Permit No., GCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33.608776' Lat (Ul'M, Lat./Long,, datum, accLrracy level, attach electronic survey area map if W -1.17.88,9223° Long possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) COASTAL COMMISSION EXHI Bic i;_ PRE CONSTRUCTION DIVE 'WORKS (949) 759-0773 1411 N Bay Front 429-0 Shoreline Village Drive Newport Reach, CA Long Beach, CA 90802 Pre Construction Survey March 12, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Came, 858-467-4216, This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Hive Works Diving Service at 949-759-0773. Required Information Site Name: 1411 N Bay Front ". Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit Reference: (AGC}E Permit No., GCC Permit No,) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Locations N 33,6087'76.0 fat (UTM, Lat./Long., datum, W -117.889223o Long accuracy level, attach electronic survey area m6p ifpossible) Was Eelgrass Detected; Eelgrass within 15' of project / disposal site Eelgrass within 15'-30' of project / disposal site xxx No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above COASTAL CON��, EXHlhli` PAGE—I PRE CONSTRUCTION Page 9 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing floating dock system. Remove 7 -pile, 3 "T" pile and 4 -pile. Replace with new dock, gangway,pier, approach, 3-"T" pile. Re -use and relocate 3 -concrete piles. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. Property Address: 1411 N. Bav Front Legal Description: Harbor Permit Number: 151-1411 Plan Check Number: 0552-2013 Applicant: Noel Watson Applicant's Mailing Address: 1411 N. Bay Front, Balboa Island, CA 92662 Phone Number: 949 -631 -3121 -Swift Slip 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 afacl eu). ❑ 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 April 9, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 N '. Worksheet for Building Combo Permit Application :... o Comm'I Residential City of Newport Beach - Building Division gg�� z NOTE: P! AN CHECK .FEE DUE AT TIME OF SU I NW, , j ";Building r Grading j—Drainage j- Elec r.— Mech Plum CuvdCut RE®CH [CITYOFMOORT ! Project Address (Not mailing address) , 1 0 Su'te No Description of Work _ 2. Use F - !` ' � 1 �" .SOY � . #Units (!f Res)VAnP ��StOriesi Wre New/Add SF�� Remodel SF Garage/New/Add Valuation $ Material/Labor, OWNER'S NAME. Last _ G7 V f 1 First l d Owner's Address Owner's E-mail Address 1 11` lJarquelyn.chung@sbcglobal.net City Newport 'Beach State I.CCalifo�mia Z; �eac� j p ��� Telephone 949.631.3121 APPLICANTS NAME Last Swift First Pete Applicant's Address Applicant's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State California Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First F Lic. No. Architect/Designees Address Architect/Designees E-mail Address City Statex 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 Jacquelyn.chung@sbcglobal.net City San Pedro State. California. Zip 90731 Telephone 949.631.3121 CONTRACTOR'S NAMEXOMPANY ISwift Slip Dock and Pier Builders Lic. No. 797052 Class A Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City I.Co.sta Mesa State Califomia Zip 92627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P&TEE $ . PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT # TOTAL FEES PAID $ CITY OF NEWPORT • EEACH cin w mommlf_ _41 - 1.0 LS7- qm n _ La (n Lu E IN 1' a ✓ (b Z 0 €.iJ uj z Dog.. Cpp Ep ReO�e exf LVpRK Re 4Arlt, _ 3 „7,, S�. ft, ffo pface With loge for 816 rfe airy at'.ne dock sy ' f s C d- 01a rfpr°a° "�'Aa f2,f"ffwd _ _ _ -- _�., _ L#If ■w _ _: °tal fflf ' sea ao Y, pier 110. 's 7 o sq°k, easurFexisti,�. quidrr r Ess. S e .IM'S NFA tTj \Nof t� or ! I JOB RMTM 1,41 I tA M KyY — I DATE • to - 2D1 Imo_ l_� JORC UNE OcEjwv VICINITY MRP 4EST F : PROFILE 1" = 40' MOM "t QLVM + JETTY SOUNDINGS FSE EXPRESSED IN FEET RIM DENOTE ELEWTrlO S WISED 4ON MEHN LOWER LOW MITER. _41 - 1.0 LS7- qm n _ La (n Lu E IN 1' a ✓ (b Z 0 €.iJ uj z Dog.. Cpp Ep ReO�e exf LVpRK Re 4Arlt, _ 3 „7,, S�. ft, ffo pface With loge for 816 rfe airy at'.ne dock sy ' f s C d- 01a rfpr°a° "�'Aa f2,f"ffwd _ _ _ -- _�., _ L#If ■w _ _: °tal fflf ' sea ao Y, pier 110. 's 7 o sq°k, easurFexisti,�. quidrr r Ess. S e .IM'S NFA tTj \Nof t� or ! I JOB RMTM 1,41 I tA M KyY — I DATE • to - 2D1 `�-A Cz),-i DOCK & PIER BUILDERS,INC. NC. 2027 Placentia .Avenue, Costa Mesa, California 92627 (949) 631-3121 • Fax (949) 631-3122 s DOCK & PIER BUILDERS, INC. 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 Re: Noel Watson 1411 North Bay Front Newport Beach. California 92662 Document #I -- Parcel Map Document #2 — Aerial Photograph Document #3 — Aerial of Project Site Document #4 - Drawing of Existing Dock System Document #5 — Drawing of Proposed Dock System Floating Dock 4x8 framing with 5x7 angle clips and ';" bolting throughout. 2x6 pressure treated Douglas Fir decking attached with stainless steel screws 3 x 12 facia with white rub strip and corners 2 1/2' diameter steel torsion tubes built into fingers for lone term stability 12 — 14" through bolted cleats Steel pile guides with 4 polyurethane rollers each Gangway 3 x 20 dimensions Heavy duty axle wheel combination 2 x 12 stringers Decking to match floating dock Milled handrails and doubled side rails Pier 3 new 14" square concrete T pile 2x10 3 x 4 posts (treated) Decking to match floating dock Handrails to match —,angway _7 , *q,-0 F - SECTION ',-OUR Map Output Page 1 of 1 Care -1411 North Bay Front 2009-2011 Photos provided by Eagle Aerial Imaging www.eagleaerial.com 11 Selected Featum /01 City Boundary Project Line Station Pierhead ` Bulkhead Jr,�����G� # FYv t 'C ` 1� ?r h _ k` �� w.zracruw�.::: . BAY FRONT N w_ ti O J. u 2 �. U' BAY FRONT ALLEY ry y` .. - ----L 1- - --I— -- .., I ---...I —4- /,...,.. -, -: Kinmo-nh v;i/m R ArcIMS Viewer i ......... i -Fn/AAnmPr,nmo htvn Page 1 of 1 I x/5/2013 to C`fFn_f+ �l�L_'pl 4 t u t i ......... i -Fn/AAnmPr,nmo htvn Page 1 of 1 I x/5/2013 C`fFn_f+ �l�L_'pl t u i ......... i -Fn/AAnmPr,nmo htvn Page 1 of 1 I x/5/2013 Walters, Lisa From: Jacquelyn Chung Dacquelyn.chung@sbcglobal.net] Sent: Wednesday, April 03, 2013 10:46 AM To: Walters, Lisa Subject: RE: Watson - 1411 North Bay Front Lisa, Yes The Watson project entails removing the floating dock, gangway, pier, approach, 3 T pile and 2 fender pile platforms. It will be replaced with a new U shaped floating dock, gangway, pier, approach, and 3 new T pile. Three of the existing guide/fender pile will be relocated and reused. One will be discarded. J From: Walters, Lisa [mailto:LWalters@newportbeachca.gov] Sent: Wednesday, April 03, 2013 10:35 AM To: 'Jacquelyn Chung' Subject: RE: Watson - 1411 North Bay Front So the two pile & platforms are going to be taken out and not replaced? From: Jacquelyn Chung [mailto:jacquelyn.chung@sbcglobal.net] Sent: Wednesday, April 03, 2013 8:59 AM To: Walters, Lisa; Walters, Lisa Subject: Watson - 1411 North Bay Front Lisa, Pete was pretty surprised when I mentioned to him about the measurement increase for the Watson Project. After looking at it together he showed me where I made the mistake. Apparently around each of the two existing fender pile there are 6.5 x 6.5 platforms that I did not understand to be there from our previous conversations. Sorry. I've attached an updated existing drawing for this project showing these platforms and adding the square feet. Please call me directly if you should have any questions. Sincerely, Jacquelyn Jacquelyn Chung Permit Coordinator Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3121 office °.'faTM { IVB WORKS 429-0 Shoreline village Drive Long Beach, CA 90802 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 81 627 1411 N Bay Front Newport Beach, CA Pre Construction Survey March 12, 2013 Subject: Pre Construction Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 1411 N Bay Front, 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 Pre Construction Survey as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, I DiveWork@gmail.com (949) 759-0773 PRE CONSTRUCTION Page 1 of 10 DIVE WORKS 1411 N Bay Front 429-0 Shoreline village Drive Newport Beach, CA Long Beach, CA 90802 Pre Construction Survey March 12, 2013 Resident — Noel Watson 1411 N Bay Front Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre Construction Report Prepared March 12, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRE CONSTRUCTION Page 2 of 10 DIVE WORKS 429-0 Shoreline village Drive Long Beach, CA 90802 1411 N Bay Front Newport Beach, CA Pre Construction Survey March 12, 2013 CONTENTS Current Situation 4 Survey Method 4 Survey Findings 4 Discussion 4 Caulerpa Survey Form 7 Eelgrass Survey Form 9 List of Tables Tablet. Tides and. Currents for Newport Beach, CA March 12, 2013 .....................................................................................................................5 List of Figures Figure 1. Location of 1411 N Bay Front, Newport Beach .....................................................................................................................5 Figure 2. Dive Transects .....................................................................................................................5 Figure 3. Existing & Proposed Dock .....................................................................................................................6 PRE CONSTRUCTION Page 3 of 10 DIVE WORKS 1411 N Bay Front 429 -fid Shoreline Village Drive Newport Beach, CA �,. Long Beach, CA 90802 Pre Construction Survey March 12, 2013 Current Situation — Pre Construction Customer (Noel Watson) at 1411 N Bay Front, Newport Beach, CA is proposing to replace existing "I" shape dock with a proposed "U" shaped dock of similar materials. See Figures 3. Construction has not started. This is a Pre Construction Survey addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted March 12, 2013 beginning at 0915 hr approximately N Lat 33.608776° W Long -117.889223°. Day was sunny with air temperature 55° F. Water temperature was 60° F. Depth ranged from 0' at sea wall to 9' at end of dock. Visibility was 6' foot. See Table 1 Survey area delineated spanning 45 ft parallel to sea wall and 95 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with 2 divers spaced 3 ft apart with transects parallel to sea wall. Lane width was approximately 5 ft wide scanning approximately 6' ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No Caulerpa was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form). Fauna: Observation included mussels on sea wall, Round Sting Rays, and Brown Algae. Remainder of survey area was sand and dirt (sediment). Discussion Eelgrass (Zostera marina) was not observed and reported on attached Eelgrass Survey Reporting Form. Resident is proposing to replace existing dock "I" with a new "U" dock. The proposed "U" shape dock will be of similar materials. See Figures 3. Impact to navigational waters would not change regarding passage of other boats around or past this dock. During construction work as planned will have no adverse. Best Management Practices (BMP) is stressed within proposed project in order to promote continued healthy life cycles of marine habitats and maintain clear navigational channels for boaters. PRE CONSTRUCTION Page 4 of 10 f ; IVB 1411 N Bay Front 429-0 Shoreline village Brave Newport Beach, CA � Lung Beach, CA 90€302 Pre Construction Survey March 12, 2013 Table 1: Tides and Currents for Newport Beach, March 12, 2013 NEWPORT BAY F.iNFR: N,(:'ECORONA DEL- r MAR, C"A ........_._.9.....4_..10_58.0 ....s _._ ....... .113 . ............... --2ra3 rgook„.,rb i 4.09 N A y 3.00 Predicted NL Dive Time 1000'.,hr March 12, 2013 03/12 93/12 03/12 93/12 93/13 03/13 93/13 03/13 03/14 12an 6an 12pn 6pn 12an ban 12pn 6pn 12an Date/Tine (LST/LDT) Figure 1. Location of 1411 N Bay Front, Newport Beach 1411 N Say Front Figure 2. Dive Transects Page 5 of 10 DIVE WORKS 1411 N Bay Front 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Construction Survey March 12, 2013 Figure 3. Existing & Proposed Dock Al - Total Sq Ft Pier 39.-5 Platform 120 77 Gang,evay 60 Dock .240 Piles 16' T 0 T, A.L 4 7 15 -5 s c 7,, f t ICA. i1 i.� t .�7 F'a 6 I i PRE CONSTRUCTION Page 6 of 10 IVB WORKS 1411 N Bay Front 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Construction Survey March 12, 2013 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 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: 1411 N Bay Front. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit Reference: (ACCE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 3 3. 6 0 8 7 7 6° Lat (UTM, Lat./Long., datum, accuracy level, attach W -117.889223° Long electronic survey area map if possible) Was Caulerpa Detected: No Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) PRE CONSTRUCTION Page 7 of 10 IVB WORKS 1411 N Bay Front 429-0 ,Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Pre Construction Survey March 12, 2013 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' —9' 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: 550 Air 600 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates, Brown algae Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE : March 12, 2013 surveyed. (SCUBA, remote video, etc.) and TIME : 1000 AM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 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) PRE CONSTRUCTION Page 8 of 10 DIVE WORKS 81 Linda Isle 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA, 90$02 Dock Improvement March 5, 2013 Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1411 N Bay Front . Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOS Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33 . 608776° Lat (UTM, Lat./Long., datum, accuracy level, attach electronic W -117.889223° Long survey area map if possible) Was Eelgrass Detected: Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) PRE CONSTRUCTION Page 9 of 10 DIVE WORKS 81 Linda Isle 429-0 Shoreline village Drive Newport Beach, CA l,rsng Beach, CA 90802 Dock Improvement March 5, 2013 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'— 9' 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: 550 Air 600 Water Salinity: Dominant flora: Eelgrass Dominant fauna: Mussels, Skates, Brown Algae Exotic species encountered none Other site description notes..- otes:Description Descriptionof Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE : March 12, 2013 surveyed. (SCUBA, remote video, etc.) and TIME : 1000 AM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 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) PRE CONSTRUCTION Page 10 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions April 11, 2013 Property Address: 1411 N. Bay Front With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 15'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 6'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: July 2, 2009 Permit Number: 1 si,141 I ** Property Address: 1411 & 1411 1/2 North Bayfront, Newport Beach [ Balboa Island Area ], CA 92662 ** Buyer's Names Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names ** Seller's Signatures: Joint Owner Signature: Noel G. Watson and Phyllis H. Watson, Trustees of the Watson Family Trust of 1992 The Burrell E. and Joan U. Clawson 2003 Trust dated September 17, 2003 ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 37443 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated) July 28, 2009 **STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code COMPLETE, SIGN AND RETURN HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: July 2, 2009 Permit Number: 151-1411 ** Property Address: 1411 & 1411 1/2 North Bayfront, Newport Beach [ Balboa Island Area 1, CA 92662 ** Buyer's Names: Noel G. Watson and Phyllis H. Watson, Trustees of the Watson Family Trust of 1992 Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names: The Burrell E. and Joan U. Clawson 2003 Trust dated September 17, 2003 ** Seller's Signatures: vL Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 37443 -BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): July 28, 2009 **STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code WP U �W CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 July 28, 2009 Mariners Escrow Fax# 949-721-8157 Re: Pier Permit # 151-1411 1411 N. Bay Front Escrow # 37443 -BF Dear 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 the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call. Sincerely, 14x4 Alavrwsl Lisa Walters Harbor Resources Division Mariners Escrow Fax# 949.721.8157 Re: Pier Permit # 151-1411 1411 N. Bay Front, Newport Beach Escrow # 37443 -BF Dear Mariners Escrow: The above dock was inspected by The Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re -inspected: 1. It needs a new testable Backflow Prevention Device installed (please see diagram). 2. It needs a GFI (ground fault interrupter) on the electrical line to the dock The Newport Beach City Municipal Code 17.60.030 states: C.4. Prior to the transfer of an annual pier permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit. A fee will be charged for this inspection, established by Resolution of the City Council. Please call 949-644-3044 to request a reinspection. Once the property has passed reinspection and we have the signed application, the pier will be transferred. Sincerely, Bb 2Wdtm Lisa Walters Harbor Resources Division Dote: Inspection Requested By: Inspector: Pier Address: INSPECTION FORM Harbor Resources Department 7/77,(C9 Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Don Duffy r7l7—& � Yea Need None Needed Eelgrass Date Time [� L� Ea|grmeaWithin 15`mfProject | | Em|grans Within 16'-3D' of Project F] No Em|gnmss in Project Area Pump Out Pier Location Yes No Operational Recommended Action Enoromohnmemet Address ofConnp!ainingParty Boat Description CF Number Location onDock Comments /Observations Other Request Map Output Page 1 of 1 http://www6. city.newport-beach. ca.us/servlet/corn.. esri.esrimap.Esrimap?ServiceName=n... 07/07/2009 < VA 0 z O U U ¢ z z a O ¢ 0 x m Z O 0 3 ❑ ¢ z U F ¢ d U z O m W N 0 w 0 a❑ w ? ¢ 0 x Cl ne dw Nzwogr 41,r,4c4w eel'e. -1.�� ly r/ AA 0.0 - dq too C> P44 Avft VJCi,-QITY SkETCH #Jqw^rTr &A%Y,, CAL ilrong"A CbP& #ACWCPSO%l 1" &971 04d 64~000 .6ctow OW"o? 4owiroo 4aw MrAwo-. AfojrAomAw cr/* 10.4"wd 12P)PPDXIAWO ,tVVAw.A Rkmrhoo- Hilts / k. I/r !-7- 2- C Iao - CIao 50, A t. AF, 7kA C ag dgee"aw /L/ I IIVj 'I -/ - Z)A nor C �y OF NRAAFIORT r7 HARBOR PERMF "ERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTA N THE FACILITY SHOWN ON THE REVERSE HEREOF. AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL. THE RIGHTS GIVEN UNDER THIS PERMIT APWE SSIVE ONLY �f',ND THIS PERMIT MAY BE REVOKER XY HE CITY COUNCIL U,, ACCORDANCE VIV71-H TITLE 17 T MUMCIPAL a -re 46/Atong c000imlivlaop °4 'CII Y OF NEWPORT BEACH .Z P.O. F),,, -)X1 76�;, '�,EWI'ORT BEACH, CA 92658-8915 March 2, 1994 Joe Clawson P. O. Box 5757 Riverside, CA 92507 Re: Harbor Permit No. 151-1411 for the pier and float bayward of 1411 North Bay Front Dear Mr. Clawson: On January 24, 1994, you contacted the Marine Department regarding a letter we sent you on January 18th, dealing with an illegal construction bayward of you residents. As of this date, an inspection indicates that the structure has still not been brought into conformance with the permit on file with the City's Marine Department. If we have not heard from you by March 15, 1994, it will be necessary for us to turn this matter over to the City Attorney's office. If you have any questions in this regard, please contact me at (7 14) 644-3044. Sincerely, Tony Melum Deputy Director cc: Resident of property at 1411 North Bay Front Balboa Island, CA 92662 tmclawson.3 3300 Newport Boulevard, Newport Beach January 18, 1994 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Joe Clawson P. O. Box 5757 Riverside, CA 92507 Re: Harbor Permit No. 151-1411 for the pier and float bayward of of 1411 and 1411-1/2 North Bay Front Dear Mr. Clawson: On December 22, 1993, we corresponded with you regarding illegal revisions to the dock bayward of the above property. Since we have not heard from you regarding the resolution of this problem, it will be necessary for us to turn this over to the City Attorney's office for follow-up. If you have any questions in this regard or wish to discuss this matter, please contact me at (714) 644-3044. Sincerely, z Tony Melum Deputy Director TM: la cc: Resident at 1411 N. Bay Front Balboa Island, CA 92662 tnclawson.2 3300 Newport Boulevard, Newport Beach k a�W PORT O \� r , CITY OF NEWPORT ]BEACH U S P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 gerFo�N December 22, 1993 Joe Clawson P. O. Box 5757 Riverside, CA 92507 Re: Harbor Permit No. 151-1411 for the pier and float bayward of 1411 and 1411-1/2 N. Bayfront Dear Mr. Clawson: The City of Newport Beach has a received a complaint regarding unpermitted construction on the Harbor Permit bayward of your residence at 1411 and 1411-1/2 N. Bayfront. On December 22, 1993, our field inspector went out to the property and observed additional float work being done to the two hold off pilings adjacent to the pier. This work is being done without a permit and it must cease immediately and a permit for the work must be obtained. For your general information, the City Council Policies dealing with Balboa Island state the following: "Revisions to existing piers will be permitted providing they do not lessen the use or view of the immediate water area or land areas." In the past, the staff has interpreted this to mean that existing structures could be downsized, but could not be enlarged. It would be our interpretation, based on the type of construction that is being done, that this is an enlargement of the existing harbor facility and staff recommendation would be to deny the permit. Please contact the Marine Department at (714) 644-3044 immediately and cease work on the construction to preclude further action by the Marine Department. Sincerely, Tony Melum Deputy Director cc. 1411 N. Bayfront Balboa Island, CA 92662 toclwson.1tr 3300 Newport Boulevard, Newport Beach Cl r Y co- /l/d'i oaer Be s � 1 Ale - t co a E �1 �fw•�r �'rf � o o R TQ Q ,wcQa _- ro e /•,.• --�•� C to e' ��►,, 0 i acs ,..•� ��� N A V' 6�/� I AJI T Y SKETCH wltl /i77i � Gws r NfwtoAs• 8�►Y, CAL �roKrwn y ` /Yrrr 4 ae &,- oOumdin95 o. -e sX,prersed /n r'eer< and sYrnoi�• - - -dip lob+ ff be/ow ti crOP7 Lo wep G o+r r ron�t o{ ,tide opP�ox,n o�./y 140,'Z.04 ""arho" Ales Ore ea�ob/�'ahed iii Tris _ see�ios o¢°Neowporf 8or OA f i� m 0a n m O 'NU m n v m Oc G) x a r fit V II -1 r z y r m z r o z O p 3 O z x Z N N ❑ ❑ Elg N N 4. O m Z a D R a v n SIm -Di p 'b fSi n p. m CO 2 O cn m P3 ® O y s 0 y m p 9 _ m " _ � SII �� �•✓ � z � 3 ' O' ? 9 � O O c� N a ;� � I5' D n p76Zv x r v ddd4 r _ O x Cl r Y Nzwpogr B,rAc w PIF -R sm Fro Lor each if *c' .' o q TQ •'caow D P1 'CAL 0 e p -� C, •� r CO/. 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HT C-RAf 'r depths below "'f0#7 Law" Cow Wof�r. �loxn+w.ss range a/ fide /01%&74 Harbor 4;7cs are esjob/4f'shed in 7�h;S . secfion oj'Newprrrf Bar Bx IsTIN6 FWAT WISE�A U,S,PRNECT LlNF EXI -STI NG PILINGS Iso, Sm TWO D EBB - - j - ll. S. Pi ER14 SAD 41-1 UNE 80' >J 1 i U.s, RULKREAQ i 1 uraE i Idt =1 3o' 30' 5{ +5 IRALr5CJA � ALLE y - 10' -14� ---._ SM bl2i STDo8 L i0 09 L �M 60S L ?Q 17Z 0 z r SCAM 3 uc�UL/�'OAA CLAW S ON i�2 � � ��r,�� ��4� L/CA.vr5 eo7- $ZI BGK. T,eACT ISIAOP Om ✓oe AeDesss \4\\ N, ZMFRjtNT--T3hUMh ISL. Go,vr.�ACTo� QA 7'E 3o' 30' 5{ +5 IRALr5CJA � 1 SE CTI oN 4 ZI ALLE y - 10' -14� ---._ SM bl2i STDo8 L i0 09 L �M 60S L ?Q 17Z 0 z r SCAM 3 uc�UL/�'OAA CLAW S ON i�2 � � ��r,�� ��4� L/CA.vr5 eo7- $ZI BGK. T,eACT ISIAOP Om ✓oe AeDesss \4\\ N, ZMFRjtNT--T3hUMh ISL. 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MT-RAt�oA ISL. coAvrArAcrom OA -re Cl r Y Nzmoogr BE�rcH ,ate ~y `a "'�-� <° .° r-i'moi' ..,�'.P:S ,.,✓��� �%�� Is- J — / q P U `a 1 a /JC E ..o? n, R 722 V CwcQo Aigt •S��'r /SLwNp A -q C• c Govm=O MA( V f C i• !' TY S !i C T C tr 1 � wtsr Jsrry Ewsr D N+wooRr 5AY, CAL IF'CRNIA oma" ��,,,—SOUnd+n95 owe eXpiessed iP7 'reef and dd-0707le --drp th s below 4 iaon LO rver Low WOPC&^ MOxnsci" range a{ ><idc gPproxr.ro-/s/y /O beef Horbor �,;Ies are in .1h:5 . Seciiorr of Newporf Bor. i g'p � � / j ✓fie°®�� /A .�I` f�.�.g��.: �.1� 4L/CAa/r5 Lal- Bc,-, T¢,4Cr" -✓o B A 002 E SS Go,c/rArA c ro Ar OA r -e Azf?/', •° �-�2�::) / P `/'v " % 3 iGd°�' /r_ `y .ate -'= ,ate ~y `a "'�-� <° .° r-i'moi' ..,�'.P:S ,.,✓��� �%�� Is- J — / q P U `a 1 a /JC E ..o? n, R 722 V CwcQo Aigt •S��'r /SLwNp A -q C• c Govm=O MA( V f C i• !' TY S !i C T C tr 1 � wtsr Jsrry Ewsr D N+wooRr 5AY, CAL IF'CRNIA oma" ��,,,—SOUnd+n95 owe eXpiessed iP7 'reef and dd-0707le --drp th s below 4 iaon LO rver Low WOPC&^ MOxnsci" range a{ ><idc gPproxr.ro-/s/y /O beef Horbor �,;Ies are in .1h:5 . Seciiorr of Newporf Bor. i g'p � � / j ✓fie°®�� /A .�I` f�.�.g��.: �.1� 4L/CAa/r5 Lal- Bc,-, T¢,4Cr" -✓o B A 002 E SS Go,c/rArA c ro Ar OA r -e Azf?/', •° �-�2�::) / P `/'v " % 3 iGd°�' /r_ `y .ate -'= WW r w r k F l' 7 r 4" W a y C O 3 I � U W ¢ a 11 o Q O q Nid z x�m a u U O @ y w fm F Z Q z > m z w fil K O �' d O O En w m o Q z? o F r@ W � w a O� O U U 3 w w O w w 0 wo w .-. Z u S m ffl N N N IL U ❑ J J J U ❑ w 0 W O N w CL ❑ zJ oa eZ w ❑ LJ z 7 i m o Z Q� R ❑a ❑ o 3 o F V2 w o d U U Q K a WF IL �- F2. z zx.�M ❑ m a U N Nmo w f I STATUS SHEET HARBOR PERMIT TRANSFER LOCATIONPERMIT NO. Seller Buyer Date Application Received: Date Fee Received: Request for Inspection made by: Escrow Co. (_9 Date— Escrow Officer Escrow Address Phone: n Date Inspection made: Deficiency Letter sent: Deficiency corrected: Transfer completed: —Date Inspection: 1. Location 2. Plumbing: 3. Electrical: 5.OTHER: REMARKS: Inspected by: 4. Structural: 5.OTHER: REMARKS: Inspected by: CITY OF NEWPORT BEACH HARBOR APPLICATION NO� K A a w F u 0 _ r a[ o 4 w . ,} • bQwPe,eY �" .o O R 7- d B.a[6o.6 ��.i �....� A . Ia[.aaso B D c C04@�r4 ® cle- V C pl ET tea' B I+ svvpoR'f 5,qyCAL 6F06d hi►A Jerry 5,0elndin 95 owe &Apecs'sed Ioa reef anar o'snole dap l4h s below /1,9eaP7 L•o wer G o far Wo>aer Morlrosa/na parr9e of f:cec r2pPpox /0"o/4r/,Y Nor -,60,- 1,r1e5 are eviableih4r ama s�/,i$ se'c�soep a�'A/aw,.o,,- ear. • 00 .. .. - .�..e.... .. .rte J '~ 41 kc t J CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From:. L ' In person Address: Telecon TO: Div.:�sr NIT. 1 IM.S. DIRECTOR I j ASST.DIRECTOR I I -i Action Required Person Responsible Date Due: SUBJECT: File Date: F% Outline of Information received given fa r i / Action Required Person Responsible Date Due: