HomeMy WebLinkAboutM2005-0014 (2)P0
0,01
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CITY OF NEWPORT BEACH
PO. BOX 1768, NEWORT BEACH, CA 92658-8915
August 7, 2001 0
Katsumi Imoto
552 Jade Tree Dr
Monterey Park, Ca 91754
Re: Pier Permit 33535001
Dear Sir:
The City of Newport Beach has received a complaint regarding a violation of City Harbor
Permit Policy 2LA that states:
"Boats moored at private or public docks shall not extend beyond the projection of the
property lines of the property to which the dock facility is connecte(T'
T . here is a boat moored at the dock at 3 500 Marcus Avenue that is over the side property
line and is within the boundaries of the City Street End.
Please relocate this boat within 15 working, days from the date on this letter. Failure to
comply with this notice will result in an Administrative Citation.
If you require additional information regarding this matter, please call me. at 949-644-
3043.
Sincerely,
/ P/ P/0, , -
Wes Armand
Harbor Inspector
3300 Newport Boulevard, Newport Beach
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# OF STORIES
VALUATION $
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3. OWNER'S NAME _LA�T FI T
OWNER'S ADDRESS,
OWNER'S E-MAIL ADDRESS
CITY STATE ZIP
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F� 4. ARCHITECT/DESIGNER'S NAME LAST FIR!�T---
LIC. NO.
ARCH ITECT/D ES IGN ER'S ADDRESS
ARCH ITECT/DES I GN ER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
5. ENGINEER'S NAME LAST FIRST
STATE LIC. NO.
ENGINEER'S ADDRESS
ENGINEER'S E-MAIL ADDRESS
CITY STATE ZIP
PHONE NO.
6. CONTRACT05>AAME
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CONTRACTOR'S E-MAIL ADDRESS
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OFFICE USE ONLY
PERMIT NO.
TYPE OF CONSTRUCTION PLAN CHECK NO.
PLAN CHECK FEE $
OCCUPANCY - GROUP PLAN CHECK ENG.
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CITY OF NEWPORT BEACH /_EXISTING BLD'G WALL
PROPOSED GUARDRAIL
FINISH GRADE
T.O. COPING
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4i WEST
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........... . ............ PROPOSED CONC
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PR ECT ........ .. ...........
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4 PROPOSED
CHANCE ANCHORS
............ ....... IVORO DREDGE LINE
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ELEV...... .........
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............ ........ .. ...... PROPOSED CONC BULKHEAD
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WALL................ ...................
................ ...............
.............
.... ........
....................................................
s TYPICAL BULKHEAD SECTION N. T. S.
...... .................. ... ...........
.......... ........... ..........
VICINITY MAP ...... ......... ........ ................. N.'T . S. SOUNDINGS ARE EXPECTED IN FEET
NORTH AND DENOTE ELEVATIONS BASED ON
NEWPORT BEACH, CALIFORNIA MEAN LOWER LOW WATER.
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PROPOSED SEAWALL
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PLAN VIEW N. T. S. NORTH
APLICANTS NAME : SWIFT SLIP DOCK & PIER BUILDERS LOT BLOC
CONTRACTOR : SWIFT SLIP DOCK DATE
JOB ADDRESS :3500 MARCUS AVENUE & PIER BUILDERS 03/12/04
NEWPORT BEACH, CA 92663 2027 PLACENTIA AVE.
COSTA MESA, CA 92627
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SIGNATURE
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PERMIT # DATE
HARBOR RESOURCES DIVISION
829 Harbor Island Drive
Newport Beach, CA 92660
949-644-3034 / Fax 949-723-0589
APPROVAL IN CONCEPT
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for -permit
application to the South Coast Regional Commission pursuant to California
C"
2�
Administrative Code, Sections 13210 and 13211. 1,61-941
General Description of Proposed Development: Install intellocking fiD"Iass
sheet pile in front of existing sea wall.
I
Property Address: 3500 Marcus Ave.
Legal Description:
lHarbor Permit Number: 335-3500
IPlan Check Number: 2325-2003 1
Applicant: Imoto
Applicant's Mailing Address: 3500 Marcus Ave., Newport Beach, CA 92663
Phone Number: 949-631-3121
3
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
>C'They comply with the current adopted Newport Beach General Plan, Zoning
Ordinance, Subdivision Ordinance and any applicable specific or precise plans or,
o That a variance of exception has been approved and final.
A copy of any variance, exception, conditional use permit or other issued permit is
attached together with all conditions of approval and all approved plans including
approved tentative tract maps. On the basis of this finding, these plans are approved in
concept and said approval has been written upon said plans, signed and dated.
Should Newport Beach adopt an ordinance deleting, amending or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the property or
the design of a project located thereon, this approval in concept shall become null and
void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act or 1970, and state and local
guidelines adopted thereunder, this development:
XHas been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative Declaration (copy
attached).
o Has received a Final Environmental Impact Report (copy attached).
All discretionary approvals legally required of Newport Beach prior to issuance of a
building permit have been given and are final. The development is not subject to
rejection in principal by Newport Beach unless a substantial change is proposed.
This concept approval in no way excuses the applicant from complying with all
applicable policies, ordinances, codes and regulations of Newport Beach.
Tom Rossmiller, Manager, Harbor Resources
/I Signature: 3,
Chris Miller, Harbor Resources Supervisor
September 12, 2003
Attachments:
Worksheet for Building Permit Application
Drawing
Page 2 of 2
1.
WORrEET FOR BUILDING / FIRE PERMIT APP�--WION J CES DIV
HARBOR R.ESOURC
CITY OF NEWPORT BEACH TY OF EWPU T BEACH
BUILDING DEPARTMENT 1-03
TYPE 1,6�T
IESS (NOT MAILING ADDRESS) IFLOOR ISUITE NO.
LEGAL DESCRIPTION No. UNITS
LOT BLOCK RACT
2. DESCRIPTION OF WORK
J
c-cilcrek
NEW 17-1 ADD
Check Appropriate Box
ALTER DEMO E]
# OF STORIES
VALUATION $
SQFT
(NEW/ADDED/EXTG)
F� 3. OWNER'S NAME IA T
7--
L 0
FIRST
OWNER'S ADDRESS
�7
WNER'S E-MAIL ADDRESS
STATE
I V/T 6�-
PHONE NO.
6,.>,- (- ) I '�-- /�
4. ARCH ITECT/DESIGNER'S NAME LAST
FIRST
LIC. NO.
ARCH ITECT/DESIGN ER'S ADDRESS
ARCHITECT/DESIGNER'S E-MAIL ADDRESS
CITY STATE
ZIP
PHONE NO.
7 5. ENGINEER'S NAME LAST
FIRS�
STATE LIC. NO.
ENGINEER -p ADDRESS
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ENGINEER'S E-MAILADDRESS
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C11? ST TE
ZIP
PHONE NO.
F] 6. CONTRACTqR'SNAME
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IBU;61NE:,
E LIC.
9'701?Class
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No.
CONTRACTOR'S ADDR
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OFFICE USE ONLY
PERMIT NO.
—7-5Z
TYPE OF CONSTRUCTION
PLAN CHECK NO.
7 — ZC0,5
SS
PLAN CHECK FEE$
OCCUPANCY - GROUP
PLAN CHECK ENG.
FormsOdg.application 10-18-02
0
Eelgrass-Suryg ,Reporting Form
(Versiou 1.0, June 20, 2003),
This form is required to be submitted for -any surveys conducted for the eelgra�s, Zostera rharina,
that are required to be conducted under federal or state pernuits and authorizations issued by the
U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to
assist in identif�irig eelgrass while ensuring that the required infonnation 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 fin-ther
information on these protocols, please contact: Robert Hoffman, National Marine Fisheries
Service, (562) §80-4043, or William Paznokas, California Department of Fish & Game, (858)
467-4218).
Required Information
Site Name:
1(common �Z::::]
re ference)
.urvey Contact:
name, p -mail)
Permit Reference:
(ACOE Permit No.,
CCC Permit No.)
Hydrographic System:
(bay, estauy, lagoon, or
harbor)
0
Specific Location:
(UTM, Lat./Long., datum,
accuracy level, attach
if
Alecv -74 -Ila 6 a
electronic survey area map
possible)
"Cor
6'�O ar Ca
Was Eelgrass
Yes, Eelgrass was found at this site.
Detected:
/V(P No, Eelgrass was not found at this site.
Description of
Permitted Work:
(describe briefly the work to
be conducted at the site
under pe s identified
above)
Description of Site:
(describe the 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).
Depth range:
Substrate
typ e:
Temperature.*
Salinity:
Dominant
flora:
Dominant
fquna:
Exotic
species (f
encountered:
Other site
description
notes:
Description of Survey
Survey date
/0
Effort:
and time
(please describe the surveys
conducted including type of
period:
Pso 6"o
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed)
Describe any limitations
encountered during the
survey efforts.
Horizontal
visibility in
water:
Survey type
and methods.
'3-caic- 401/1/e -5-f
Survey
141?0(et-501- C'-� 9'r&�CA
personnel:
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Survey
density:
'90 A O(Y)
Survey
limitations:
11101?(f
Other Information:
(use this space to provide
any additional information or
references to attached
materials such as maps,
reports, etc.)
Eelgrass Survey Reporting Form (version 1.0, 6/20/03)
3
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SWIFT SLIP
Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
(949) 631-3121
Fax (949) 631-3122
email: bhswiftslip@sbcglobal.net
www.swifts iDdock.com
February 10, 2004
Femie Sy
California Coastal Commission
200 Oceangate, Suite 1000
Long Beach, CA 92627
RE: Imoto/Flanders, 3500/3502 Marcus Avenue, Newport Beach (Orange County)
Permit Application No. 5-03-396
Dear Fernie:
This is in response to your letter dated October 23, 2004 concerning the above -referenced
application.
I Project alternatives have been explored. The interlocking fiberglass was
proposed as,the method of repair because it creates the least impact to the
surrounding envirom-nent. It is not our desire to fill coastal waters and
mitigate.
It is our intention to repair or replace the existing seawall in the same
location to protect the property and existing structures in the area. As an
alternative, we could install precast reinforced concrete panels in place of
the existing structure. We intend to explore the concrete panels as a project
alternative (see attachment 1).
2: Item no. 2 of your letter addresses the filling of open coastal waters which
no longer applies to this project.
3 Item number 3 of your letter requests additional materials to substantiate the
need to repair the seawalls. Along with our original application we included
a letter from the City Attorney's office requiring a repair be made to prevent
the flooding at high tide (attachment 2). We have enclosed 4 pages of
Fernie Sy
California Coastal Commission
February. 10, 2004
Page 2
photographs depicting the seriousness of the flooding (attachment 3). We
have a qualified engineer preparing plans to repair or replace the failing
seawall. His professional recommendations will substantiate the need to
repair or replace the existing seawalls. The -General Services Department of
the Newport Beach contacted the office of the City Attorney to have the
homeowners rectify the problem of flooding at 3 5 th Street and Marcus
Avenue. The existing seawall no longer protects the existing structures in
the area at high tide. If the existing dilapidated seawall fails prior to proper
repair, it puts public and private property at risk. . The deterioration.and
eventual failing ofthis seawall could impact marine life, local shoreline sand
supply, adverse impacts to water quality, etc. Section 30235 of the Coastal
Act states that seawalls shall be permitted when required to protect existing
structures. To do no work at all would be reckless and negligent on the part
' Commission and leaves the homeowners open to legal action
of the Coastal
by the City.
3(a): If the concrete panel method is approved, the bank is protected by sandbags.
The old structures are removed and the concrete panels are driven in at the
appropriate location. To tie into the adjacent property, the seawall at 3502
will have a 12'return.
3(b): We will submit two sets of detailed, full size plans prepared by an
appropriately licensed professional.
3 (c): Concerning your requirement for a biological study, enclosed you will find
our eelgrass survey reporting forms (attachment 4) and caulerpa taxifolia
survey reporting forms (attachment 5). Neither was found.
3 (d): We have obtained clearance from the Regional Water Quality C ontrol B o ard
and the U.S. Army Corps of Engineers will issue a permit upon the receipt
of the issuance of the coastal development permit I will notit, each agency
of the alternative material to be used for the wall when that has been
determined.
3(e): Construction of the bulkhead will not result in dewatering of the project site
nor will excess water be discharged into Newport Harbor.
3(f): The now proposed method of construction is to replace the existing seawall
Femie Sy
California Coastal Conunission
February 10, 2004
Page 3
at the property line. We do not propose to fill open coastal waters. The
Department of Fish & Game is noticed of the project by the U.S. Army
Corps of Engineers and that permit reflects -the review of the Department of
Fish & Game.
3(g): The repaired or replaced seawall will not encroach seaward beyond the
boundary of the applicants' property. These properties are not located in
— -y tidelands.
Count
4: For forty years this seawall has been puttied and patched with plywood to
hold back the flooding waters. These feeble repairs are no longer acceptable
to the City.
5: There is no proposed dock work associated with this project.
6: Enclosed with this letter is a check in the amount of $400 for the balance
due to process this project on the regular calendar.
7: We will submit reduced sized plans as you requested and two sets of full
size plans you also requested.
Please �all me if you should have any questions or comments.
Very truly yours
SWIFT SLIP DOCK & PIER BUILDERS
Beth Swift
Permit Division
/brs
Enclosures
cc: Daniel K. Ohl, Deputy City Attorney, City of Newport BeachVe""'
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office Page 1 of 4
200 Oceangate, Suite 1000 Date: June 21, 2004
Long Beach, CA 90802-4302 a
(562) 590-5071 Permit No: 5-03-396
COASTAL DEVELOPMENT PERMIT
On June 10, 2004, the California Coastal Commission granted to Helen & Katsumi
Imoto & Flanders Family Limited Partnership Coastal Development Permit 5-03-396,
subject to the attached Standard and Special Conditions, for development consisting of:
Demolition of existing bulkheads and construction of new bulkheads in the same
location. More specifically described in the application file in the Commission
offices -
The development is within the coastal zone in Orange County at 3500 & 3502 Marcus
Avenue, City of Newport Beach.
Issued on behalf of the California Coastal Comm une 2 2004.
�'" 1' . . 11
PETER DOUGLAS
Executive Director
ACKNOWLEDGMENT
By
T it ram Analyst
i le-: �6oas�tal P]3�
The undersigned permittee acknowledges receipt of 'this permit and agrees to abide by all terms
and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which states in
pertinent part, that: "A public entity is not liable for injury,ca,used by the issuance . of any
permit . . ." applies to the issuance of this permit.
I . MPORTANT:THI , S PERMIT IS'N . OT VALID I UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION
OFFICE. 14 CAL. ADMIN. CODE SECTION 13158(a).
Date Signature -of Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
COASTAL DEVELOPMENT PERMIT
No. 5-03-396
Page 2 of 4
STANDARD CONDITIONS
Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit- and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration, If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of
time - .. Appjication for extension of the permit must be made prior to the expiration
date.�
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assimment. The permit may be assigned to any quali I fled person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to bind
all future owners and possessors of the subject property to the terms and
conditions.
SPECIAL CONDITIONS:
Construction Responsibilities and Debris Removal
A. No construction materials, -equipment, debris, or waste will, be placed or
stored where it may be subject to wave, wind" or,rain erosion and
dispersion.
B. Any and all construction material will be removed from the site within 10
days of completion of construction.
C. Machinery or construction materials not essential for project improvemen+�
will not -be allowed at any time in the intertidal zone. LO
D. If turbid conditions are generated during construction a silt curtain will be
utilized to control turbidity.
E. Floating booms will be used to contain debris discharged into coastal
waters and any debris discharged will be removed as soon as possible but
no later than the end of each day.
F. Non -buoyant debris discharged into coastal waters will be recovered by
--d-i-vers-a,,-soon-as-po-ssible-afterloss.- -
COASTAL DEVELOPMENT PERMIT
No. 5-03-396
Page 3 of 4
2. Pre -Construction Eelgrass Surve
A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass
(Zostera marina) sury ' ey 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 modifiedby this special
condition) adopted by the National Marine Fisheries Service and shall be
pre pared in consultation With the Califofflia Depart-rhent affish and- Game.
The applicants shall submit the eelgrass survey for the review and
approval of the Executive Director within five �(5),business days of
completion of each eelgrass survey and in any event -no later than fifteen
(15) business days prior to commencement of any development. If the
eelgrass.survey identifies any eelgrass within the project area, which
would be impacted. by the proposed project, the development shall require
an amendment to this permit from the Coastal Commission or a new
coastal development permit.
B. Post Construction Eellgrass Survey. If any eelgrass is identified in the
project area by the survey required in subsection A of.this condition
above, within one month after the conclusion of cbristruction,the
applicants shall survey the project site to determine if any eelgrass was
adversely impacted. The survey shall be prepared in full compliance with
the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as
modified by this special condition) adopted by the National Marine
Fisheries Service and shall, be prepared in consultation with the California
Department of Fish and Game. The'applicants shall submit the post -
construction eelgrass survey for the review and approval of the Executive
Director within thirty (30) days after co'mpletion of the survey. If any
eelgrass has been impacted, the applicants shall replace the impacted
eelgrass at a minimum 1.21 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 12:11
(mitigation: impact). The exceptions to the required 1.21 mitigation ratio
found within SCEMP shall not apply. Implementation ' of mitigation shall
require an amendment to this permit or a new coastal development permit
unless the Executive Director determines that no amendment or new
permit is required.
3. Pre -construction Caulerpa Taxifolia Surve
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 applicants shall undertake a survey
.COASTAL DEVELOPMENT PERMIT
No. 5-03-396
Page 4 of 4
of the project area and a buffer area at least 10 meters beyond the project
area to determine the presence of the invasive alga Caulerpa taxifolia.
The survey shall include a visual examination of the substrate.
B. The survey protocol shall be prepared in consultation with the Regional
Water Quality Control Board, the California Department of Fish and Game,
and the National Marine Fisheries Service.
C. Within five (5) business days of completion of the survey, the applicants
shall submit the survey:
-(-l)-f6-r the review -and approval of the Executive Dire . ctor; and
(2) to the Surveillance Subcommittee of the South ern California Caulerpa
Action Team (SCCAT). The SCCAT Surveillance Subcommittee may
be contacted through William Paznokas, California Department of Fish
& Game (858/467-4218) or Robert Hoffman, National Marine Fisheries
Service (562/980-4043).
D. If Caulerpa taxifolia is found within the project or buffer areas, the
applicants shall not proceed with the project until 1) the applicants provide
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 requiremen . ts, including but not
,limited to thosebf the -California Coastal Act, or 2) the applicants have
revised:thd Project to avoid any contact with C.. taxitblia. No revisions to
the:'project shall occur without a Coastal Commissi 6 n approved
amendment to this coastal development permit I unless,the Executive
Director determines that no amendment is legally required.
JUN -22-2004 11:58 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.3
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
Plo. Box 6=1 1
LOS ANGELES, CALIFORNIA SM53-2326
November 4,2003
JIMYT
A7ENTIO'N OF:
Office of the Chief
Regulatory Branch
Mr. Robert N. Flanders & Ms, Helen Imoto
00��S witsilipb::)a and Pier Builders
Attention: Beth Swift
2027 Placentia Ave
Costa Mesa, California 92627
Dear Mr. Flanders and W Imoto;
Reference is made to your request of September 29, 2003 (File No. 200400067-SJH). Under
the provisions of Section 10 of the Rivers and Harbors Act of March 3,1899.(33 U.S.C. 403), you
are hereby authorized to install 40 corrugated interloddng fiberglass panels for seawall repairs at
3500 and 3502 Marcus Ave., in Newport Bay, in the city of Newport Beach, Orange County,
Calffornia, as shown on the enclosed drawings.
The owner(s) 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 wM comply with all
coxii4ons. One of the signed copies of this Letter of Permission must be -returned to the Corps of
Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached
postcards to notify this office- as to the dates of commencement (wifl-dn 10 days. pr.ior to the s�" of
construction). and completion of the activity ( 'thtn 10 days following the end of construction).
Thank youfor participating in our regulatory program.
Sincerely,
Mark Durham
Chief, South -Coast Section
Reeulatory Branch
DATE
L California Regional Water Quality Control Board
Santa Ana Region 10
Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Schwarzenegger
Secretaryfor (909) 782-4130 * Fax (909) 781-6288 Governor
Environmental http://www.swrcb.ca.gov/rwqcbg
Protection
March 18, 2004
Beth Swift
Swift Slip Dock and Pier Builders, Inc.
2027 Placentia Avenue
Costa Mesa, CA 92627
PROPOSED REPAIRING OF SEAWALL, HELEN IMOTO, 3500 MARCUS AVENUE,
NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will be necessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
A r/
Klor�=enoZln)401T. Martirez, Jr., P
1 n
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/blutag2101et
California Environmental Protection Agency
Q� Recycled Paper
California Regional Water Quality Control Board
Santa Ana Region
Winston Hickox Internet Address: littp://www.swrcb.ca.gov Gray Davis
Secrelaryfor 3737 Main Street, Suite 500, Riverside, Califomia 92501-3348 Governor
Environmental Phone (909) 782-4130 FAX (909) 781-6288
Prolecil . 017
October 1, 2003
Beth Swift
Swift Slip Dock and Pier Builders
2027 Placentia Avenue.
Costa Mesa, CA 92627
PROPOSED SEAWALL REPAIR, HELEN
NEWPORT BEACH, ORANGE COUNTY
Dear Ms. Swift:
IMOTO, 3500 MARCUS AVENUE,
If standard dock construction methods and materials are utilized, this project should not adversely
impact water quality. A statement has been submitted that there will be no waste discharged from
the proposed project. Based on these assurances, clearance is provided.
However, should the Army Corps of Engineers determine that this project requires a Section 404
permit, it will benecessary for the project proponent to obtain from this Board a Water Quality
Certification under Section 401 of the Clean Water Act.
Should you have any questions, please contact J. Shami at (909) 782-3288.
Sincerely,
rilo eno (Jun) T. Mar*tirez, Jr., P.E.
� 0 M", 't'."
Chief, Regulations Section
cc: California Coastal Commission, Long Beach
Army Corps of Engineers — Erik Larsen
City of Newport Beach, Marine Department - Tony Meller
JIS/bluta.-1 891et
California Environmental Protection Agency
co, Recycled Paper
STATUS SHEET
HARBOR PERMIT TRANSFER
LOCATION S-290 P E R M I T N 0.
Sel I er L C Buyer 4- AAIL)"—M
Date Application Received:!� Date Fee Received:
Request for Inspection made by:
Escrow Co. i Date
Escrow Officer Escrow No.
Address -#-(0< Phone.
7 �-bro C)
Date Inspection made: 4,
Deficiency Letter sent: Deficiency corrected:
Transfer completed: — Date
Inspection:
1. Location
2. Pil.umbing:
3. Electrical:
4. Structural :
5.OTHER:
REMARKS:
Inspected by:
BUYERS' NAME(5)
ADDRESS OF FACILITY:
PERMIT
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Arcus Avo
MAILING ADDRES
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FEE
CHECK NO.
PATE
APPROVI
APPLICATIOWIS HEREBY
MADE TO TRANSFQ
HARBOR
PERMIT
OCHD
BUYERS' NAME(S) -77-
ENG
(ABOVE NAM8S.TO BE TYPED)
COUNCIL
SIGNATURE OF�SELLER �.SIGNATURE OF BUYER
PUBLIC W ORKS
DEPT
-O `SgLL�ERn
ESCROW
SI"A E, :�.tIGNA E OF BUYER
IN S PEC T,6,
SIGNATURE OF JOINT OWNER
for
APPLICATION APPROVED il)ATE)�
CITY HARBOR COORDINATOR
SPECIAL CONDITIONS: THIS PERMIT 15 REVOCABLE
BY THE CITY COUNCIL -IN ACCORDANCF-9,WI.TH TITLE 17�-!
OF THE -MUNICIPAL CODE.
CITY OF NEWPORT BEACH. CALIF. WX FORM 60,1013 REV.
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
September 16,1996
Mr. Imoto Katsumi
552 jade Tree Drive
Monterey Park, CA 91754
Re: Harbor Permit #335-3500
Bulkhead Bayward of 3500 Marcus Avenue
Dear Sir:
The City of Newport Beach Marine Division in June 1993 corresponded with the
property owner regarding the deterioration of the bulkhead bayward of the
property at 3500 Marcus Avenue. A copy of the letter is attached for your .
information. As of this date we have received no indication that those repairs
have been done. A follow-up inspection by the Marine Division indicate that the
walls are still in a deteriorated condition.
Within the next 45 days, it will be necessary for you to hire an engineer to inspect
the wall, prepare drawings and submit drawings to the billing department for a
building permit. Repairs recommended by your engineer must be completed on
or before December 15, 1996.
Failure to complete these repairs could result in grounds for revocation of the
Harbor Permit as provided by Section 4.H of the Harbor Permit Policies and
Section 17.24.094-5 of the Newport Beach Municipal Code as outlined in the
letter addressed to you of June 22, 1993.
If you have any questions regarding the above or would like to discuss this
further with me, please contact me at 644-3041.
Sincerely,
Tony Melurn
Deputy Chief Marine Environmental Division
3300 Newport Boulevard, Newport Beach
P0 _4
III0
;> CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
FO? ,:0,
June 22, 1993
Imoto Katsumi
552 Jade Tree Drive
Monterey Park, CA 91754
RE: Harbor Permit 335-3500 for bulkhead baywrd of 3500 Marcus Avenue
Dear Mr. Katsumi:
The City of Newport Beach Marine Department has been notified by the City Building Department
that the bulkhead bayward of your property is deteriorating and this deterioration, particularly at
high tide, allows water to leak through the bulkhead. This water eventually ends up on City
streets and increases the chances of flooding of private property and creates a threat to public
safety.
Section 4.H. of the Harbor Permit Policies states:
4.H. "The Permittee shall keep the structure in good repair at all times. Failure to repair,
when written notice has been given by the Marine Department, shall be cause for revocation of
the permit."
As a result of this condition it will be necessary for you to institute maintenance repairs or
replacement of the existing bulkhead to resolve the above condition. Failure to make these
repairs couid result in revocation of your Harbor Permit, as stated in Section 17.24.094 of the
Newport Beach Municipal Code which states:
17.24.094(5): Grounds for Revocation. "Any permit heretofore or hereafter granted for
any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by
the City Council if the work or structure has fallen into a state of disrepair."
If you have questions regarding the above or would like to discuss this with me, please contact
meat 644-3044. .
Sincerp
Tony Meli
Deputy Director
3300 Newport Boulevard, Newport Beach
Public 'kiliotioce
US Army Corps of Application
of Engineers
Los Angeles District
P.O. Box 2711 for Permit
Los Angeles, CA 90053 Public Notice/Application No. 82 -90 -RA
SPLCO-R Date 14 MAY 1982 Comment Deadline: 14 JI) �1
Interested parties are hereby notified that an application has been received for a Department of the Army
permit for the activity described below and shown on the attached drawing(s).
Applicant(s) -
Mr. Bill Abinesmith
3504 Marcus Avenue
Newport Beach, CA 92663
Location. Rivo Alto Channel, Newport Bay, Pacific Ocean, at 3504 Marcus Avenue, Lot 3,
.Block 335, Tract Canal Section, city of Newport Beach, Orange County'California
Activity, Purpose - to construct a new concrete bulkhead approximately three feet in front
of'an existing wood seawall. (cont. on page 2)
Comment and Review Period - Interested parties are U.S. Army Engineer District
invited to provide their views on the proposed work, ATTN: SPLCO - R - 82 -90 -RA
which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No.)
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053
EIS Determination - A preliminary determination has been made that an environmental impact statement is
not required for the proposed work.
.Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that
a public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Other Authoriza.tions Required - City of Newport Beach
Water Quality: KI Certification that the proposed work will not violate applicable State Water quality
standards has been requested from location state L] None Required
Coastal Zone Management: :E The State of California is reviewing this work for consistency with its
approved Coastal Zone Management Program. E., None Required
Cultural Resources - The latest version of the National Register of Historic Places has been consulted and
this site is not listed. This review constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Endangered Species - Preliminary determinations indicate that the proposed activity will not affect
endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species
Act). Formal consultation under Section 7 (c) of the Act is not required.
Authority - This permit will be issued or denied under the following authorities:
EX Structures or work in or affecting navigable waters of the United States - Section 10, River and Harbor
Act of 1899 (33 U.S.C. 403).
12 Discharge of dredged or fill material,,,for purpose of dumping into waters of the United States - Section
404, Clean Water Act (33 U.S.C. 1344J.
11 Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine
Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
Evaluation - The decision whether to issue a permit Will be based on an evaluation of the probable impact
including cumulative impacts of the proposed activity on the public interest. That decision will reflect the
national concern for both protection and utilization of important resources. The benefit which reasonab!y
may be expected to accrue from the proposal must be balanced against its reasonably foreseeable
00
-0 detriments. All'factors which may be relevant to the proposal will be considered including the cumulative
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LL effects thereof; among those are conservation, economics, aesthetics, general environmental concerns,
cl� wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation,
co
LO shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs,
_j
LL safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal
< would discharge dredged or fill material, the evaluation of the activity will include application of the EPA
Guidelines (40 CFR 230) as required by Section 404 (b) (1) of the Clean Water Act.
I
IN REPLY REFER TO
SPLCO-R Public Notice No. 82 -54 -RA
2 6 JAN 1982
Comment Deadline.
2 6 F E B 1982
YOU ARE INVITED TO COMMENT ON THIS APPLICATION FOR A PERMIT
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. Box 2711
LOS ANGELES. CALIFORNIA 90053
APPLICANT. City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
APPLICANT'S AGENT: Mr. Tony Melum
Tidelands Administrator
City of Newport Beach
(714) 640-2156
ACTIVITY; Under Section 10 of the River and Harbor Act of 1899 and under
%ectl-on 404 of the Clean Water Act, the applicant proposes to replace an
existing deteriorated wooden bulkhead with a new p recast concrete bulkhead
alorkg, an improved alinement; replace an existing street end gate valve and
catch basin; extend an existing street end storm drain; place about 110 cubic
yards of Imported fill behind the new bulkhead; and extend the street end
surface improvements to the improved.bulkhead alinement. All work will be
done in Rivo Alto, Newport Bay, Pacif�c Ocean, at Marcus Avenue and 35th
Streel-, city of Newport Beach, county of Orarge, State of California, as shown
oii Lhe attached , drawings. The evaluation of the impact on the public interest
of this activity will include application of the national guidelines
promulgated by the Environmental Protection Agency contained in Guidelines for
�p��Ificatio - n - of — Disposal Sites for Dredged or Fill Material, Federal Register
6�� er 1980, p
of 24 c 85336'(40 Code of Federal Regulations 230).
PURPOSE AND USE: To protect private property against high tide water and
structural damage during reconstruction.
FFDERAL, STATE MD LOCAL AUTHORIZATION: California Coastal Commission.
ENVIRONMENTAL ASSESSMENT PREPA4ATION: When the Comment Deadline has passed
and all relevant information has been received, the District Engineer will
p . repare an Environmental Assessment (EA). It it concludes with a Finding of
No Significant Impact, processing of the permit application shall continue
without preparation of an Environmental Impact Statement (EIS). However, if
t1ye EA concludes that the proposed activity may significantly affect the
quality of the human environment and the District Engineer believes that the
issuance of a permi� may be In the public interest, an EIS will be prepared
before the final, decision on the application.
IMPACT ON CULTURAL RESOURCES: The area of�-_potential. environmental impact of
the proposed activity does not include any of the properties listed in or
determlned eligible for listing in the National Register of Historic Places or
the National Registry of Natural Landmarks. Anyone having knowledge of
historical, cultural, archeological, or scientific resources which may be
affected by the proposed activity should contact this office during the
comment period. The permit (if issued) will include the condition that items
of potential archeological, scientific, prehistoric or historic value which
are discovered in the course of construction activities shall be carefully
Preserved in situ pending a determination by the Corps of Engineers of their
significance and appropriate disposition.
PUBLIC HEARING: Any person who has an interest which may be adversely
affected by the issuance of a permit may request a public hearing. The
request must be submitted in writing to the District Engineer on or before the
comment deadline and must clearly set forth the interest which may be affected
and the manner in which the interest may be affected by the activity.
CRITERIA: Your written comments or objections should include the number and
date of this notice and must reach this office on or before the comment
deadline. The decision whether to issue a permit will be based on an
evaluation of the probable impact of the activity on the -public interest.
That decision will reflect the national concern for both protection and ,
utilization of important resources. The benefit which reasonabl� pay'be
expected to accrue from the activity must be balanced against its reasonably
foreseeable detriments. All factors which may be relevant to the activity
will be considered; among those are conservation, economics, aesthetics,
general environmental concerns, historic values, fish and wildlife values,
flood damage prevention, land use classification, navigation, recreation,
water supply, water quality, and, in general, the needs and welfare of the
people. No permit will be granted unless its issuance is found to Win the
public interest.
FOR.MORE INFORMATION: Contact Bob Atkins of the Regulatory Functions Branch
at (213) 688-5606 before 3:00 p.m. -
Chief
Construction-Operat ions Division
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ClIrY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
MEMORANDUM
TO: Tony Melum, Marine Department
FROM: Faysal Jurdi, Chief Plan Check Engineer att-1-1
SUBJECT: Deteriorated Wood Bulkhead at 3500, 3502, 3504 Marcus Avenue
DATE: June 16, 1993
In an effort to reduce property loss due to flooding in the City of Newport
Beach, we investigated the causes of flooding in the 3500 block of Marcus Avenue.
On June 11, 1993 Lloyd Dalton from the Public Works Department and I inspected
the bulkhead at the subject addresses and found that the wood bulkhead is'
deteriorated and is allowing earth to leak into the channel. Continued earth
leakage will result in the undermining of structural foundations. When high tide
occurs, water leaks through the bulkhead instead of a delayed rise through the
retained earth. This increases the rate of water accumulation in city streets
during rains and high tide when the tide- valves have been closed by the General
Services Department. This results in an increased chance of flooding of private
property and creates a threat to public safety.
The worst bulkhead condition was found to exist at 3500 Marcus Avenue where earth
caved behind the bulkhead due to earth leakage to the bay through the
deteriorated bulkhead. Sand bags have been placed behind the bulkhead. However,
it is not an effective method of solving the problem. Since maintenance of the
bulkhead is under your department's authority, please request that the property
owners at the subject sites replace these wood bulkheads in order to protect
their properties and mitigate the causes of flooding in the area.
cc: Lloyd Dalton, Public Works
Mike Pisani, General Services
3300 Newport Boulevard, Newport Beach
January 25, 1982
CITY COUNCIL AGENDA
ITEM NO. E_ DL Cot
TO: CITY COUNCIL
FROM: Public Works Department
SUBJLCT: 35TH STREET'END REPLACEMENT NEAR MARCUS AVENUE (C-2283)
RECOMMENDATION:
Adopt a resolution awarding Contract No. 2283 to Trautwein Brothers
Waterfront Construction for $42,787 and authorizing the Mayor and
the City Clerk to execute the contract.
DISCUSSION:
At 11:00 A. M. on January 5, 1982, the City Clerk opened and read the
following bid for this project:
Bidder Amount Bid
Trautwein Brothers Waterfront Construction $42,790
The corrected bid total is $42,787, which is 38% above the Engineer's
estimate of $31,000. Most of the disparity between estimated and bid amounts I is
attributed to high unit prices for bulkhead work and unclassified fill, and to the
lack of competing bidders.
Funding for award is proposed from the following accounts:
Description Account No. Amount
Harbor Street End Improvement Program 02-4181'-052 $26,000
Storm Drain Improvement Program 02-3497-053 16,787
The contract provides for (1) replacement of the existing wooden
bulkhead with a precast concrete bulkhead along an improved alignment, (2)
replacement of the existing street end gate valve and catch basin, (3) extension
of the street end storm drain, and (4) placement of backfill and extension of the
street end surface improvements to the improved bulkhead alignment (see attached
sketch). Trautwein Brothers is a well-qualified marine contractor which has
successfully completed similar contracts for the City.
Although the work constitutes a minor alteration of exis.ti ng public
�structures for repair and replacement and is therefore "categorically exempt"
from EIR requirements, staff has recently been notified that the City must obtain
a Coastal Development Permit (from the California Coastal Commission) and a
Department of the Army Permit (from the U.S. Corps of Engineers). These permits
have been applied for and, barring t.,nforeseen delay, should be received by March I,
1982. Trautwein Brothers has been informed of these applications and has agreed
not to commence contract work until the permits are received.
Contract time will commence upon receipt of permits and will expire
45 calendar days thereafter.
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LAKE AVENUE
PROJECT LOCATION
DRAWN DATE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
35 TH. STREET END REPLACEMENT PUBLIC WORKS
NEAR MARCUS AVENUE
LDRAWING NO. EXHIBIT
CHECK LIST FOR APPLICATION NO. 82 -54 -RA
(Circled items are incomplete. Numbers refer to numbered items on your
application form.)
6. Purpose, description of structures on fills or platforms, type,
composition, quanity of material, method of dredging, means of conveyance,
disposal site of dredged material, step-by-step description of work.
7. Mailing addresses, owners and lessees.
12. When issued, provide copies of approvals or certifications listed on your
application and below under "OTHER".
14. Types of vessels, sewage pump out and refueling facilities, hazardous
materials contingency plan, copy of environmental assessment or report if
prepared.
15. Print name and title of signer, signed statement as described in item
designating your agent.
A fee of N/A will be charged if and when the permit is issued.
Please make the check payable to the Finance and Accounting Officer USAED LA.
Please place your application number on the check.
DO NOT SEND CHECK UNTIL REQUESTED BY OUR OFFICE.
DRAWINGS - SEE ATTACHED CHECKLIST
OTHER:
Please send a copy of your Coastal Commission Permit
when issued.
APPLICATION FOR A, DEPARTMENT OF THE ARMY PERMIT
Form Approved - offiee- of
For use of this form, we EP 1145-2-1;;
Mgmt & Budget No. 49-RO420
The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899. Section 404 of
P. L. 92-5N and Section 103 of P. L. 92-532. These laws require permits authorizing structures and work in or affecting navigable
waters of the United States, the discharge of dredged or fill 'material into waters of the United States, and the transportation of
dredged material for the purpose of dumping it into ocean waters. Information provided in ENG Form 4345 will be used in OValLiating
the application for a permit. Information in the application Is made a matter of public record through Issuance of a public notice.
Disclosure of the information requested is voluntary; however, the data requested are necessary- In order to communicate with the
applicant and to evaluate the permit application. If necessary'infdrination Is not provided, the permit application cannot be pro-
cessed nor can a permit be issued.
One set of original drawings or good reproducible copies whicii show the location and characte r of the proposed activity must
be attached to this application (see sbn. pie drawings and checklist) and be submitted to the District Engineer having jurisdiction
over the location of the proposed activ ; ity. An application that is not completed in full will be returned.
Application number (To be—assigned by—Corps)
—Date"
rps use only.
22-- 12 81
Day MO. Yr.
4. Name and address of applicant. 5. Name, address and title of authorized agent.
City of Newport Bea c h Tony Melum, Tidelands Administrator
3300 Newport Boulevard Attention Marine Department
Newport Beach, CA 92663 City of Newport Beach, 330 Newport Blvd.
Telephone no. during business hours
A/C (711 640-2156 A/c (714) 640-21 S6
A/c V 14 ) fi0=22-d' _1_ A/c (714) 640-22Pi--
6. Describe in detail the proposed activity, its purpose mid intended use (private, public, commercial or other) including descrip-
tion of the type of structures, if any to be erectbd on fills, or pile or float -supported platforms. the type, composition end
quantity of materials to he discharged or dumped and means of conveyance, and the source of discharge or fill material. If
additional space is needed, use Block 14- Deteri orati on of the exi sti ng wooden bul khead and ti da I
gate.valve at.35th Street.is permitting,high.t,ide water to enter upon and flood nearby
streets.and cause property damage.,-This.contract �rovides.,for,(11),,replacement of the
a -precast con I cret I e -bulkhead �along animproved aligni-tient,
existing wooden bulkhead with L
(2) replacement of the existingstreet end gate valve and catch basin, (3) extension o -
the street,end-storm,.drain, and (4) placement of backfill and e�"tension of the (see 14
7. Names. addresses and telephone numbers of adjoining property owners. lessees, etc., whose property also adjoins'the waterway.
1. John Whelan 3412 Harcus Avenue, Newport Beach CA 92663 (714)675-5802
2. William F. -Bell --3500 Marcus Avenue,�Newport Beach, CA 92663 (714)675-2098
a. Location where proposed activity exists or will occur.
Address, Tax Assessors Description: (if known)
Street, road or other descriptive location Map No. Subdiv. No. Lot No.
Marcus and 35th Street, Newport Beach
In or near city or town Sec. Twp. Rge.
Orange California 92663
County ate Zip Code
9. Name of waterway at location of the activity.
Rivo Alto, Newport Bay
ENG Form 4345, 1 OCT 77 Edition of I Apr 74 in obsolete.
Jo. Date activity is proposed to common(,
Data activity is expected to be completed 1982
11. 1 a any portion of I the activity for which authorization is sought now complete? YES MV NO
If answer is "Yes" give reasons in the remark section. Month and year the activity was completed
Indicate the existing work on the drawings.
12, List all approvals or certifications required by other federal, interstate, state or local agencies for any structures, constfuc—
tion, discharges, deposits or other activities described in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval
None
13. Has any agency denied approval for the activity described herein or for any activitV'directly related to the activity
described herein?
Yes No (If —Yes— explain in remarks)
14. Remarks or w1ditional information.
street end surface.improvements to the.improved, bulkheaTalignment (see attached
sketch) . The backfill'-used.,wi,ll b6-clean—unclassified fi 11' i n'acco.rdapce- wi th
"Standard Specification's,for P.ubl ic -Works Con�tructjon" and will be. trucked, to
the site.
15. Application is hereby made for apermitor permits to authorize the activities described herein. I certify that I amfa-miliar
with the information contained in this application, and that to the best of my knowledge and bet.lief such information is true,
complete, and accurate. I further certify that I possess the authority'to undertake the proposed activities.
Signature of r Appi !cant or Authori zed Agent
The application must be signed by the appi I cant;: however. it may 136 signed by a ckily authorized agent (named in Item 5)
it this form Is accompanied by a statement by the applicant designating the agent and agreeing to furnish upon request,
supplemental information in support of, the application.,.
18 U. S. C. Section 1001 provides that: - Whoever, in any n , ner within the jurisdict-ion of any department or agency
of The United States knoWingly and.willfully fats as, conceals, or covers up by any trick. scheme, or device a material fact
or makes any false, fictittous or fraudulent statements or representations or make; or uses any false writing or document
knowing some to contain any false fictitious or fraudulent statement or entry, shal I be fined not nK)re than $10,000 or
iniprisioned not more than five,years, or both. Do not *and a pen -nit processing too with this application. .The appropriate
too wi H be assessed Man a permit is issued.
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P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
December 12,1986
Katsumi Imoto
3500 Marcus Avenue
Newport Beach CA 92663
RE: Flooding at private properties along River and Marcus Avenue
Dear Property owner:
On December 2, 1986 personnel from the City of Newport Beach
observed sea water flooding coming from your property. It is
presumed that the flooding is the result of inadequate height on
your private bulkhead or caused by the water leaking through your
private bulkhead. Please be advised that it is the property
ownerls responsibility to maintain the bulkheads and to maintain
them at the proper height to protect against flooding.
Please con -tact the' Marine Department immediately and indicate
what measures yuou are taking to solve this problem at your
property.
If you have questions
3044.
Sinc-e-rely,
Tony Ybdiud
Tidelands Administrator
TM: db
in this regard please contact me at 644 -
3300 Newport Boulevard, Newport Beach
e"
Waterfront Construction
SAM F. KNISS
PARTNER
2410 Newport 'Ivd., Newport Beach, Calif. 0 (714) 673-1960
Gentlemen:
The City has obtained a,Coastal Commission permit for this project and should
receive the Corps of Engineers' permit very soon. You are therefore author-
ized to proceed with construction.
You will notice on -the attached two prints of revised sheet 2 of the plans that
the street end bulkhead has been moved to three feet inland from the "as -bid"
position. This relocation satisfies the Coastal Commission's requirement that
the new bulkhead al.ignment be ". . . in no event -further bayward than the
present bayward extension of the bulkhead on the northwestern side of 35th
Street." The effect of the bulkhead.relocation is to shorten the bulkhead,
storm drain and street construction lengths by approximately three feet.
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0
r) CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663-3884
PUBLIC WORKS DEPARTMENT 714/640-2281
May 5, 1982
Department.of the Army
Los Angeles District, Corpsof Engineers
P. 0. Box 2711
Los Angeles, CA 90053
Attn: W. H. Mahoney
Re: Public Notice No. 82 -54 -RA
(35th Street End Replacement near Marcus Avenue)
Dear Sir:
In your letter of March 22 ' 1982, you requested us�to submit a response
to correspondence from the U. S. Fish and Wildlife Service and -the Resources
Agency of California concerning our permit application.
With regard to comment from the U. S. Fish and Wildlife Service, the City
intends to provide wetlands restoration in the Upper.Newport Bay Ecological
Preserve:in exchange for the Coastal Commission's approval of our permit
for this project. Details of the restoration.will be forwarded to you along
with a copy of the Commission's approved permit:as soon.as-such items are
made available to us.
With regard to comment from fh�;Resources Agency of California, water quality
clearance was provided on September 17, 1981. (Copy attached).
Futher information regarding this project may be obtained from Mr. Tony Melum
at (714) 640-2156 or me at (714) 640-2281..
Very truly yours,,
Lloyd Dalton
Design Engineer
LD: rb
cc: Marine Department
3300 Newport Boulevard, Newport Beach
IW
State of California, Edmund G. Brow� Governor
California Coastal Commission
5-27-82/CP/bp
SOUTH COAST DISTRICT COASTAL DEVELOPMENT PERMIT NO. 5-82-25
666 E. Ocean Blvd., Suite 3 107
Long Beacli, CA 90801
(213) 590-5()71 Page 1 of 2
0- May 19, 1982
The California Coastal CoTrnission granted to
City of Newport Beach., 3300 Newport Blvd., Newport Beach, CA 92663
this permit for the development described below, subject to the attached
Standard and Special conditions.
Replacement of existing wooden bulkhead with -pre -cast concrete bulk-
heads along new alignment and extension of street -end with associated
surface improvements, including new tide gate valve.
SITE: 35th Street end, at Marcus Avenue near RiVo Alto
NewDort Beach CA
Issued on behalf of the California Coast --ommi
MICHAEL L. FISCHET
IMPORM- THIS PERMIT IS NOT VALID UNLESS Executive Director
Aun nuin A r and
UPI tor Int. rtamli VVIIH Ink
SIGNED 'ACKNOWLEDGEMENT HAS BEEN RE-
TURNED TO THE COMMISSION OFFICE.
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to abide
by all terms and conditions thereof.
Date Signature of Permittee
5/81
Coastal Development Permit No. 5-82-25
Page 2
STANDARD CONDITIONS:
1 . Notice of Receipt and Ackno ledgenwnt. The permit is not valid and construction shall not commence until a copy of
We—perTnit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the
terms and conditions, is returned to the Commission office.
E xpira t i . on. If construction has not commenced, the permit will expire two years from the date on which the CommissioE
voted-ont e application. Construction shall be pursued in a diligent manner and completed in a reasonable period of
time. Application for extension of the permit must be made prior to the expiration date.
3. Com liance All construction must occur in strict compliance with the proposal as set forth in the application for
permit, su ject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the Commission. I
5. Inspections. . The Commission staff shall be allowed to inspect the site and the deve,lopment during construction,
s . �1jec-1- _t6_ 24 -hour advance notice.
6. Assi2Ment. The permit may be assigned to any qualified person, provided assignee files with the Commission an
aTTa—davit accepting all terms and conditions of the permit.
7. 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.
SPEECIAL CONDITIONS:
This permit issubject to the following special conditions:
1. The applicant shall reconstruct the bulkheads along an alignment which
extends the minimum distance bayward necessary to avoid undermining the
adjacent private structures, but in no event further bayward than the present
bayward extension'of the bulkhead on the northwestern side of 35th.Street.
Fqr every square foot of area filled, 5 square feet of wetland restoration
shall be provided as mitigation. The mitigation plan, specifying the ex-
tent, location, and method of restoration to be carried out in the Upper
Newport Bay Ecological Preserve shall be developed in consultation with the
Department of Fish and Game and shall be submitted to the Executive Director
for review and approval prior to issuance of the permit. The mitigation
plan shall be implemented within six months of completion of the bulkhead
reconstruction or within one year of issuance of the permit.
4
State of California, Edmund G. Brown jr., Governor
California Coastal Commission
5-27-82/CP/bp
S UTH C0 -%ST DISTRICT COASTAL DEVELOPMENT PERMIT NO.
66(1 FOcean 131% d., SUile 3107
Long Beach. CA 40801
(2 H) 590-50-1
5-82-25
Page I of 2
On May 19, 1982 . The California Coastal Commission granted to
City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA 92663
this.permit for the development described below, subject to the attache(�
Standart2 and Special conditions.
Replacement of existing wooden bulkhead with pre -cast concrete bulk-
heads along new alignment and extension of street -end with associated
surface imnrovements, including new tide gate valve.
SITE: 35th Street end, at Marcus Avenue near Rivo Alto
Newport Beach, CA
Issued on behalf of the California Coast 11 k=_4i'si
_in by
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS
AND UNTIL A COPY OF THE PERMIT WITH THE
SIGNED ACKNOWLEDGEMENT HAS BEEN RE,
TVAMD TO THE COMMISSION OFFICE.
MICHAEL L. FISCHrIZ
Executive Director
and
K�
JUN 1 19820�-
il-'_ Vj
ACKNOWLEDGEMENT
The undersianed permittee acknowledges
receipt of this permit and agrees to abide
by all terms and conditions thereof.
Date Signature of Permittee
5/81
Coastal Development Permit No.
Page _2
STANDARD CONDITIONS:
5-82-25
1. 1 Notice of kecei t and Acknowledgement. The permit is not valid and construction shall not commence, urt-.11 a copy cz
the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the
terms and conditions, is returned to the Commission office.
If construction has not commenced, the permit will expire two years from the date or. which the Corwissior
Expiratior
vote,' or the application. Construction shall be pursued in a diligent manner and completed ir. a reasonable perioc of.
time. Application for extension of the permit must be made prior to the expiration date.
3. Cofi,--liance_ All construction must occur in strict compliance with the proposal as set forth in the ap�licatior for
��e�t-77_1._,__s_ulbject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director
or the Comr-issior.
T ne -,t
1. 1 — , ... - . . - r - 3 ta 1F I bc a 11 OC�zd tc, 4 ns P"?c t thE s i te a , -d the udc,
s�bject t3 24-hour advance notice.
6. Assiqrv-ert. The permit my be assigned to any qualified person, provided assignee files with the Comrission an
affa�avit accepting all terms and conditions of the permit.
7. Tems an., Conditions Run with the Land. These terms and conditions shall be perpetual., and -it is the intention of the
Cowission and the permittee to bind all future owners and possessors of the subject property to the terms anc
concitions.
'-Z.
SP
This permit is subject to the following special conditions:
1. The applicant shall reconstruct the bulkheads along an alignment which
extends the minimum distance bayward necessary to avoid undermining the
adjacent private structures, but in no event further bayward than the present
bayward extension'of the bulkhead on the northwestern side of 35th Street.
Fqr every square foot of area filled, 5 square feet of wetland restoration
shall be provided as mitigation. The mitigation plan, specifying the ex-
tent, location, and method of restoration to be carried out in the Upper
Newport Bay Ecological Preserve shall be developed in consultation with the
Department of Fish and Game and shall be submitted to the Executive Director
for review and approval prior to issuance of the permit. The mitigation
plan shall be implementea within six months of completion of the bulkhead
reconstruction or within one year of issuance of the permit.
SPLCO-R
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES, CALIFORNIA 90053
City of Newport Beach
ATTN: Mr. Tony Melum.
Tidelands Administrator
3300 Newport 'Boulevard
Newport Beach, CA 92663
Gentlemen:
2 2 MAR 1982
In response to our Public Notice Number 82 -54 -RA, concerning your permit
application, the inclosed correspondence was received from the U.S. Fish and
Wildlife Service and Resources Agency of California.
Further action on your application is being withheld for a maximum of 45 days.
No permit will be granted unless the applicant shows that its issuance is in
the public interest. We suggest that you contact the above parties directly
to resolve their objections. If you are -unsuccessful, please submit to this
office a letter describing (a) your efforts to contact the parties, (b) the
results of any discussions with them, and (c) your proposed resolution or
rebuttal. We will then attempt to arrive at a solution consistent with the
public interest.
If you have any further questions concerning this matter, please call our
Regulatory Functions Branch, (213) 688-5606.
Sincerely,
2 Incl W. H. MAHONEY
As stated Assistant Chief, Construction -
Operations Division . .
United States Department of the Interior
FISH AND WILDLIFE SERVICE
AREA MANAGER
2800 Cottage Way, Room E-1803
Sacramento, California 95825
MAR 0 1 1982
In Reply Refer To: ES -LN
Commander
Los Angeles District
Corps of Engineers
P.O. Box 2711
Los Angeles, CA 90053
Attention: Regulatory Branch
Re: PN 82-54, City of Newport Beach
Dear Colonel Taylor:
The Fish and Wildlife Service (FWS) has reviewed the referenced public
notice dated 26 January 1982, for work in lower Newport Bay, Orange County.
These comments have been prepared under the authority, and in accordance
with the provisions, of the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et seq.) and other authorities mandating
Department of Interior concern for environmental values.
The applicant proposes to construct about 40 feet of new bulkhead to replace
a deteriorated wooden bulkhead, extend a dead-end street (35th Street), and
improve a storm drain. About 110 cubic yards of imported material would be
used to fill about 842 square feet of intertidal area in the Rivo Alto portion
of lower Newport Bay.
Despite the highly developed, marina nature of Newport Harbor, the estuarine
habitat is considered to be of relatively high value as a nursery and
foraging area for a variety of marine f ishes and a f oragin& and loaf ing
area for water -associated birds. Also, the tidal prism, the volume of
water contained between the upper and lower ranges of the tides, is the
primary engine for water circulation and, thereby, water quality.
We are concerned about encroachments into the bay waters resulting from
required bulkhead replacements and realignments, because of the cumulative
net reduction in estuarine habitat and tidal prism which they represent.
The subject project would cause a permanent loss of about 842 square feet
of estuarine habitat and about 172 cubic yards of tidal prism. Further,
the referenced public notice explains neither the need for extending the
dead-end street and storm drain, nor why the existing bulkhead could not
be replaced in its present location and our discussions with others includ-
ing the applicant's representative have not offered clarification.
In view of the long-term adverse impacts to public fish and wildlife
resources described above, the FWS recommends that any permit issued
incorporate the following modifications which would make the project more
environmentally acceptable.
1. The existing failed bulkhead shall be repaired in place.
2.. No roadway, storm drain extension, or fill shall be constructed.
If after further scrutiny of the applicant's purpose and needs, the Corps
of Engineers (CE) concludes that some or all of the proposed fill is
warranted, implementation of conditions to offset the resulting biological
losses of the fill would be appropriate. Due to the complex ownership and
highly developed nature of the lower bay, projects to compensate the
losses of estuarine habitat and tidal prism in the lower bay seem impracti-
cable. Such projects can be conducted in the upper bay, within the Upper
Newport Bay Ecological Reserve, managed by the California Department of
Fish and Game (CDFG). The CDFG has designated certain areas within the
Ecological Reserve that are appropriate for the removal of old dredge
spoil in order to reestablish tidal influence. In some circumstances, it
may be appropriate for the project proponent to actually conduct the
compensating work under the guidance of the CDFG. In other cases, the
permittee could reimburse the CDFG any cost for performing the required
work.
In conclusion, should the CE conclude that some or all of the proposed
fill is necessary and unavoidable, FWS recommends inclusion in the subject
permit of the following conditions:
1. For each square foot of estuarine habitat lost as a result of
fill (not.to exceed 842 square feet), one square foot of new estuarine
habitat shall be constructed by excavation and removal of material in a
manner acceptable to the CDFG, from an area designated by CDFG within the
Upper Newport Bay Ecological Reserve. Said excavation shall also re-create
a tidal prism volume of about 172 cubic yards.
2. The compensation specified in condition 1. shall be completed in
advance of or simultaneously with the authorized fill, unless the applicant
arranges for the CDFG to perform the work at a later date.
The FWS personnel are willing to work with the applicant, insofar as
manpower and funding constraints allow. Should there be any questions
2
regarding this letter, please contact Ralph Pisapia or Jack Fancher of our
Laguna Niguel Field Office. Please send a copy of any permit issued to
them so that we may complete our file.
Sincerely yoursf
Area Manager
cc: EPA, San Francisco, CA
NMFS, Terminal Island, CA
CDFG, MRR, Long Beach, CA.
CDFG, Newport Beach, CA (Attn: Ron Hein)
CCC, Long Beach, CA (Attn: -Carol Pillsbury)
Aity of Newport Beach, CA (Attn: Terry Melum)
3
Resources Building EDMUND G. BROWN JR. Air Resources Board
California Coastai Commission
.1416 Ninth Street GOVERNOR OF California Corsevvation Corps
95814 CALIFORNIA Colorado River.B,-3rd
Energy Resources Conservation
(91 1 6)445-5656 and 0evelopment Commission
Regional Water (!Zua!jty
.Department of Conservation San Francisco Bay Conservati-on
and DeveloPmen. Cornmissien
Department of Fishand Game olid Waste Management Board
Department of Forestry
State Coastal Conservancy
Department of Boating and Waterways State Lands Cornmission -
Department of Parks and Recreation THE RESOURCES AGENCY OF CALIFORNIA 'State Redamati:3n Board
Department. of Water Resources State Water F4esources Control
SACRAMENTO, CALIFORNIA Board
Colonel Paul W. Taylor
U.S.- Army Corps of Engineers February 26, 1982
Post Office Box 2711
Los Anaeles
C> CA 90053
Public Notice.82 54.(Newport Beath)
Bulkhead and assorted facilit ies, Newport Bay, Orange County.
Dear Colonel Taylor:
The State agencips listed below have reviewed the subject public
notice and provided c'onrnent-s used in writincl- this response. The
tD
findings.
Resources Ajoency concurs in these
The Santa Ana. Reaional Water Quality Control Board comments that
the applicant has been required to provide the specifics regarding
CD CD
the proposed project included in this public notice as to how water
quality will be protected during construction. No such informatioln
has been provided. Therefore., the Regional Board recommends thaL.
this application be held in abeyance until the applicant has ob-
ta-ined water quality clearance with the Board.
Questions regarding these comments should be directed.to John Zasad-
L? .
zinski, senior engineer, Regional Water Quality Control Board,
6809 Indiana, Avenue5 Suite 200, Riverside., CA 925o,6..
Given the above, the State also recommends holding the application
in abeyance. Once water quality clearance is obtained., vie would not
object to issuance of the Corps permit.
Sincerelyp.
V
'IRNS
f or JAI�E-S W. Bb
.Assistant Secretary for Resources
cc: Department of Boatingr and Waterways State Lands Commission
Department of Parks and Recreation Depti of Water Resources
State Water Resources Control Board Coastal -Commission
Department of Fish and Game 'Wildlife Conservation Bd.
National Marine Fisheries Service Applicant
U.S. Fish and Wildlife Service
.,Ott OF C
UIUITED STATE i3EPARTMEIUT OF COMMERCE
PJational Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southwest Region
300 South Ferry Street
Terminal Island, California 90731
February 10, 1982 F/SWR33:RSH
1503-01
Colonel Paul W. Taylor
District Engineer
Los Angeles District
Corps of Engineers
P.O. Box 2711
Los Angeles, CA 90053
Dear Colonel Taylor:
We have reviewed Public Notice No. 82-54, dated January 26, 1982, for the
replacement of a deteriorated bulkhead in Newport Bay. We offer the following
comments for your consideration.
On August 25, 1981, a member from my staff met with the applicant to
discuss the project. Our representative stated that the National Marine
Fisheries Service would have no objections to the replacement of the bulkhead
including the 404 acre fill. Although the project would result in some adverse
impacts to marine fishery resources, our Agency's position of no objection to
the project was based on the unavailability, at that time, of a suitable
mitigation site to offset the losses associated with the relatively small fill.
Subsequent to our conversation with the applicant areas in upper Newport
Bay have been'identified as possible mitigation sites for projects similar to
that proposed in this public notice. Although we will not object to the
issuance of a permit for this project, the applicant should be aware that we
will recommend mitigation for similar projects in the future.
Sincerely yours,
Alan W. Ford
Regional Director
cc:
CDF&G. Long Beach
USFWS, Laguna Niguel
Rl—
'qo
N ny Melum, City of Newport
.OF
u
13 Jan ary-11,982,.
Dat
Dea Sir:
r
Your application dated 22 Dec 8 1 —was rec-eived in our office on
8! 82 82-54—RA
and has been assigned Application No.
(City of Newport Beach — Replacing of bulkhead etc.)
Please refer to this number when requesting further information.
Sincerely
H -,MHONF
LA FL 572-A----' L
_--sSistan Ch- 9t ction—a
Apr 79
s n A"
.3 0
DEPARTMENT OF THE ARMY POSTAGE AND FEES PAID
. 1. -- I �1 DEPARTMENT OF THE ARMY
Los Angeles District, Corps of gineers
13013-314
P.0 . Box 2711
I -- A --- I-- onnrz
December 14, 1981
CITY COUNCIL AGENDA
ITEM NO. F-10
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: 35TH STREET END REPLACEMENT NEAR MARCUS AVENUE (t-2283)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Cl erk to advertise for bids to be opened
at 11:00 A.M. on January 5, 1982.
DISCUSSION -
Deterioration of the existing wooden bulkhead and tidal gate valve
at 35th Street is permitting hi.gh tide water to enter upon and flood nearby
streets and cause property damage. This contract provides for (1) replacement
of the existing wooden bulkhead with a precast concrete bulkhead along an
t 3
stre
of t
improved alignment, (2) replacement of the existing street end gate valve and
Ecatch basin, (3) extension of the street end storm drain, and (4) placement
of backfill and extension of the street end surface improvements to the im-
proved bulkhead alignment (see attached sketch)."
Inasmuch as the work constitutes a minor alteratio - n of existino ouwj�c.
structures fo i r. --a Q4 reDlac-ement— -the ProTecr-1-s Tamma c—a-Te—gorically
exempT"- rom EIR requirements. Staff has published and filed the exemption,
and has obtained project clearance from the Water Quality Control Board.
The Engineer's construction estimate is $31,000. Construction funds
will be taken from the Harbor Street End Improvement Program and the Storm
.Drain Improvement Program.
Plans and specifications have been prepared by the Public Works
Department. Work should be' completed by.May 1, 1982.
Benjamin B. Nolan
Public Works Director
LRD:jd
Att.
IWAAee'415 A VEN 4 IF
- NO 71F
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Newport Bcoy
Newport Beach, California
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Newport Bcoy
Newport Beach, California
�kqplication bLj e"emrr jr 1VArVU4Z
2410 Newport Boulevard
Newport Beach, California 92663-3798
Telephone (714) 673-1960
WATERFRONT CONSTRUCTION
Contractors License No. 322996A
October 14, 1982 -
Department of the Army
Los Angeles District
Corps of Engineers
Regulatory Branch
P. 0. Box 2711
Los Angeles; Ca. 90053
Subject: Application No. 82-89 - RA7 Norton Flanders
No. 82-90 - RA7 Bill Rhinesmith
No. 82-94 - RA7 William P. Bell
Attn: Bob Atkins
Dear Bob:
Enclosed please find a copy of the Coastal Permit. Please
amend the Corp of Engineer's permit application to match
the Coastal Permit.
The new wall will be installed immediately adjacent to the
existing bulkhead.
I have also enclosed copies of the new drawing.
Sincerelv,
TRAUTWEIN BROTHERS
WATERFRO STRUCT
STMuel F.��niss
SFK/tlb
Enc.
2410 Newport Boulevard
Newport Beach, California 92663-3798
Telephone (714) 673-1960
WATERFRONT CONSTRUCTION Contractors License No. 322996A
October 15, 1982
Executive Director
California Coastal Commission
631 Howard Street
San Francisco, Ca. 94105
Re: Application No.1s: 5-82-311 (Flanders)
3502 Marcus Avenue
Newport Beach, Ca.
5-82-312 (Rhinesmith)
3504 Marcus Avenue
Newport Beach, Ca.
5-82-315 (Bell)
3500 Marcus Avenue
Newport Beach, Ca.
Dear Sir:
As the agent for the above referenced, I agree to the conditions
that "the new bulkhead be placed immediately adjacent to the
existing wood wall" as outlined in the "Staff Report and Re-
commendations" dated August 11, 1982.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRONT,-��ONSTRUC3ION
San�Gel F. Kniss
SFK/tlb
c.c. Rhinesmith
Flanders
Bell
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.ALIFORNIA COASTAL COMMISSION
631 Howard Street, Son Francisco 941 OS (415) 543-855S
August 11, 1982
FILED: 6-1-82
49th DAY: 7-20-82(waived)
180th DAY: 11-25-82,
STAFF: LF- C
STAFF REPORT: 8/11/82
HEARING DATE: 8/24 -27/82
REGULAR CALENDAR
STAFF REPORT AND RECOMMENDATION
APPLICATION NOs.. 5-82-311 (Flanders)
3502 Marcus Avenue
Newport Beach, CA
5-82-312 (Rhinesmith) Agent: Sam Kniss
3504 Marcus Avenue Trautwein Bros.
Newport Beach, CA Waterfron ' t Cons.
2410 Newport Blvd.
5-82-315 (Bell) Newport Beach, CA 92660
3500 Marcus Avenue
Newport Beach, CA
DES =IPTION: Repla ' cement of three adjacent existing wooden bulkheads with precast
concrete bulkheads along a new alignment extending 3 feet bayward in Lower Newport
Beach Bav with backfill of 17 cubic yards on each lot.
SITES: Three adjacent lots immediately northwest of 35th street end, on Marcus Avenue
near R..ivo Alto, Newport Beach, Orange County.
APNs: 045-242-06
045-242-05
045-242-07
Substantive File Documents: Permit No.5-82-25 (City of Newport Beach)
City of Newport Beach Land Use Plan
Appeal No. 374-78 (Bailey)
Wetlands Guidelines
Appeal 165-79 (Blue Lagoon Community Association)
Appeal No. 244-80 (22nd District Ag.)
Permit No. 5-82-12 (Callahan and Hill)
Appeal No.156-79 (Carmel Valley Road)
�Lummary
Staff is recommending approval of the project with a condition to require replacement.
of the bulkhead along the same alignment to bring the project into conformance with
the Diking Dredging and Filling policies of the Coastal Act.
STAFF PFCOMNENDA71-ON'.
Th�_- Staff recomerlj.,; tlle CoTmission adopt LhC F-0110wing resollItIo"
An�rnvol v!it-I
T*,ie C�,--,,,iiiission he.reby 7,-ra�jrs j p�.-r,-..ji:- fc-,r tlie. proposed development, SUL)je
to ch�� bolow, on as cc)nclitiuned, the de-%,elopiTicnt -WI
-stal Act of
)a r, �vith Lhe provis-'�,P-s of Chjptcr 3 of the California Co
197( -he abi of tile local government having ;Urisdictioli
TTill -.-Ict prejudice C.
over L11c ar'!a to pre?jrc a Local Cuastal Program conforrning Lo the provisions (-)-"7
Environmental
the eavironm-,,nt within the ineanicig �I': h e C a 11f
-IrIpaccs on
QuaLity Act.
Stan,-',ird Conditions
,'�,tice of Receipt and The pe=it is not valid. and
-nril a copy of the ?ernnit, Signed
cons trzltc,�
-ing reccipt of the
by tile pe-r-iitcee or aut:,�,C:rj.Za(!� I
ac, ent , acknowlod,
permit a,ILI acceptance of terms and covditions, is returned to
tile Co=—ission. Office.
2. r a co7l-'tr-�,I.ction has not c(�—,E.,T'Lcee, tl"I'a Pe='t
oil
th�, Cu=ISGion V�DtL
From dare cra
bz p ci
n QlL�aj n a d4l igc7
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e t,,:!,z er
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3. C I H P. L P
t, r,, T
n s T
cc to
rlic ar— ion J' j r -D L S C e
n -1::rom
rl
c n d i z 1'. o o r th
Must r- an -I a?proved b y t-.'� t a n d m ay
require Ccnxission appro-,.,al.
-4CI-jS Of i:`lter'-'L: or inter-, r-etat2-071I of any
4. 1 n t e rj r e '-,n t �L o n nV a U,7� S
c o b e r e q o 11.7 e d b y t "i C,, HE x e cu t v e e c r .3 r L
cc=mis Sion
5. T n s p e :-- u 171 -ie Co=iission staff sball be allowed t:,D inspect th�3
-iour
site and rh�? de-,,e'-,oT)me:,t durling C.ollstructlun, su j
L
advance nocice.
6. -ay be assigned to arly qua1i'Liz!d Pef sOO
n ee 4 1 acuept:-Lng
it'Ll the Con-nIss loll an
all cerms and condi�lio-as cf the oermit.
7. :Ind Conditions 'R, a,'Id Condit; CTj,�,
-in K -7i -,.h t -',"c-. Land. Tln,:6.-r� tcIr-MS
tl-ie Coj-,.,.�mission and
th%�� anzencion ot
-f-3 of the Subj�--Ct
ci bind all o\-m-:--.rs and
r.hc te=,s cznd
ADDRESS OF PROPOSED FACILITY
PERMIT #
WI JAM P. BELL
Marcus Ave.
MAILING ADDRESS
TELEPHO.-- NO,
F E
CHECK N
DATE
3500 Marcus Ave.
675-2098
1190. 0�
1940
12/26/82
APPROVED BY: DATE
APPLICATION IS HEREBY MADE FOR A HARE30R PERMIT
TO
El
Seawall
OCHD
CONSTRUCT/REV15E A
El
AT THE AE30VE LOCATION IN ACCORDANCE WITH THE
CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND T14F ATTACHED DRAWING
1:1
By TRAUTWEIN BROTHERS
COMPANY
COUNCIL
DATED 21/4/82
F]
PUBLIC WORKS
DEPT.
ESCROW
DATE 2/26/89
SIGNATURE Am..1
INSPECTION
F]
SPECIAL CONDITIONS:
CITY OF NEWPORT BEACH, CALIF.
WX FORM 68-1010
NAME
ADDRES5 e._ V.. "'.v
-.0
a Ave.,
MAILING ADDRESS:-�;�'
TELEPH FEE CHECK NO.
DATE
-3-50, u's
Alvev
1-904, J 194
APPROVED BY,
DATE
APPLICATION IS HEREBY MADE FOR A HARE36R PERMIT TO
_,OCHD F1
CONSTRUCT/REVISIt.A
AT THE ABOVE LOCATION IN ACCORDANCE WITH THE CITY OF
ENGR
NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING
TRAUTWE M ono"W"
,-COUNCIL El
COMPANY
�PUBLIC Fl
DATED
WORKS
:DEPT. El
DATE
Lv
SIGNATURE
ANSPECTION
n
El
SPEC14L CONDITIONS:
CITY OF NEWPORT BEACH. CALIF. WX FOR 4 68-iolo
-3 -
III. Special.Conditions
These three permits are each subject to the following conditions:
Revised Plans.Prior to the issuance of a permit, the applicant(s) shall
,submit, for the review and approval of the Executive Director, revised
plans for the bulkhead replacement which show no permanent structures
bayward of the exisiting bulkhead alignment.
IV. Findings and Declarations
The Commission finds and declares as follows:
1.,Project Description ' . The existing wooden bulkhead fronting three adjacent private
residences is deteriorated. Photographs indicate that in a few places holes have
rotted in the bulkhead. The applicants propose to replace the existing wooden bulkhead
with a precast concrete bulkhead along an alignment three feet bayward of the
existing bulkhead with approximately 17 cubic yards of backfill behind the new
bulkhead on each lot. Because the projects are adjacent to each other and are
for the same proposed development, they are being evaluated together.
2. Repair and Maintenance of Shoreline structures. Section 30610 of the Coastal Act
specifies those activities which do not require a coastal permit. Section 30610(d) of
the Coastal Act states:
(d) Repair or maintenace activities that do not result in an addition to,
or enlargement or expansion of the object of such repair or maintenance
activities; provided, however, that if the commission determines that
certain extraordinary methods of repair and maintenance that involve a
risk of substantial adverse environmental impact, it shall, by regulation,
require that a per -mit be obtained under this chapter.
Section 13252 of the California Administrative Code further states:
13252. Repair and maintenance of Seawells.
(a) For purposes of Public Resources Code Section 30610(d), the following
extraordinary methods of repair and maintenance shall require a coastal
development permit because they involve a risk of substantial adverse
environmental impact:
Any method of repair or maintenace of a seawall revetment, bluff
retaining wall, breakwater, groin or similar shoreline work that
involves:
(1) Repair or maintenance involving substantial alteration of the foundation
of the protective work including pilings and other surface or subsurface
structures;
(2) The placement, whether temporary or permanent, of rip -rap, artificial
berms of sand or other beach materials, or any other forms of solid
materials, on a beach or in coastal waters, streams, wetlands, estuaries
and lakes or on a shoreline protective work;
-4-
(3) The replacement of 20% or more of the materials of an existing
structure with materials of a different kind,; or
(4) The presence, whether temporary or permanent of mechanized
construction equipment or construction material on any sand area
or bluff or within 20 feet of coastal waters or streams.
The Commission, in previous actions, has accorded special attention to
and maintenance of shoreline structures -the repair
(Appeals No. 374-78, Bailey;.Appeal N
165-79, Blue Lagoon�, in that such repair involves such a risk of substantialo'
adverse environmental impact and therefore requires a permit.
3. Dikinq, Dredging and Filling and Shoreline Structures.
A. Permitted Use. Section 30233(a) of the Coastal Act states that the diking,
dredging or filling of coastal waters -wetlands, estuaries and lakes shall be I permitted
only where there is no feasible less environmentally damaging alternative and further
requires that such activitiea he permitted only in certain areas for csrtAin txln-:�s of
Those types of development enumerated under Section 30233(a) include:
(1) New or expanded port, energy, and coastal dependent industrical
facilities, including commercial fishing facilities.
(2) Maintaining existing or restoring previously dredged depths in
I
existing navigational channels, turning basins, vessel berthing
and mooring areas, and boat launching ramps.
(3 In wetland areas only, entrance channels for n ew or expanded
boating facilities.
(4) in open coastal waters, other than wetlands, including streams,
estuaries, and lakes, new or expanded boating facilties.
(5) Incidental public service Purposes, including but not limited to,
burying cables and pipes and inspection of piers and maintenance of
existing intake and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except
in environmentally sensitive areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource dependent activities..."
In order to be consistent with Section 30233 of the Coastal Act the project must be a
Permitted use listed in Section 30233(a)(1-8) or (c) must be the least environmentally
damaging feasible alternative, must provide feasible mitigation measures and must
maintain or enhance the functional capacity of the wetland or estuary.
- z a
-5 -
Further, Section 30235 provides that,
Revetments, breakwaters, groins, harbor channels, seawalls,
cli I ff retaining walls, and other such construction that alters k
natural shoreline processes shall be permitted when required to
serve coastal -dependent uses or to protect existing structures
or public beaches in danger from erosion and when designed to
eliminate or mitigate adverse impacts on local shoreline sand
supply. Existing marine structures causing water stagnation
ld be
contributing to pollution problems and fish kills shou
phased out or upgraded where feasible.
The applicant(s) have proposed to replace the bulkheads 3 feet beyond its existing
alignment because of deterioration and because they contend that replacement along
the same alignment is infeasible. Approximately 17 cubic yards of material will be
required to backfill in behind the new bulkhead on each lot. This will �result in
the permanent filling and loss of approximately .006 acre or 256 sQuare feet of subtidal and
intertidal habitat in the lower Newport Bay. (Exhibits 2-5,7) . In add -it -ion, the
seawall panels are jetted into place which will temporarily disrupt bottom habitat
and increase turbidity. The commission finds that the proposed project is sub-;-ct
J_
to section 30233 of the Act as -it places solid material into the intertidal area.
The Lower Newport Bay is considered valuable estuarine habitat. In previous r-Ommis-
sion actions on the adjacent 35th Street end (5-82-25 City of Newuort Beach) the U.S.
Fish and Wildlife Sez-iice and California Department of Fish and Game.noted the
significance of the habitat of the lower Bay. The USFWS noted as follOws:
"The estuarine habitat of lower Newport Bay is - considered to
be of relatively high value as a nursery and foraging area
for a variety of marine fishes and a foraging and loafing
area for water-associated.birds. Also, the tidal prism, the
volume of water contained between the upper and lower ranges
of the tides, is the primary engine for water circulation
and, thereby, water quality."
The Department of Fish and Game in comment to the Army Corps on these bulkhead Pro-
-iects noted that although this 3 foot extension does not represent a significant habitat
J the cumulative effects
loss, (.006 acre) the Department of Fish and ' Game is concerned with
of such bulkhead extensions throughout the lower bay and the resultant loss of habitat and
tidal prism. The Department recommends that the bulkhead be replaced in the same align-
ment or immediately adjacent to it. (Exhibit 5 ) . 35th street end ( 5-82-25,
The Commission in its action on the bulkhead extension for the
-ial cumulative -impacts of bulkhead extensions
city of Newport Beach) found that the poten
were of major concern:
"While recognizing the unique circumstances posed by
this particular project, the commission remains concerned
with the possible cumulative impacts of replacement of
deterioring bulkheads using the method proposed by the City.
Section 30105.5 defines cumulative impacts as follows:
"cumulatively" or "cumulative effect" means the incre-
mental effects of an individual project shall be reviewed
in connection with the effects of past projects, the effects
rent projects, and the effects of probable
of other cur
future projects."
-6 -
In comments on the Chart House Restaurant permit 5-82-12 Callahan and Hill), the
City of Newport Beach noted that potential extensions to the U.S. Bulkhead line
could occur on possibly 100 properties in the lower bay. To allow continued ex-
tensions and fills of only 3 feet similar to, this project on 100 properties would
J
represent approximately 8,574 square feet of fill (a. -Proximate .2 acres) The
City also indicated in comments on 5-82-25 (City of Neaport Beach) that the
majority of 25.4 miles of the harbor shoreline is tidal prism. The City's Marine
Department estimated that roughly 70% is bulkheaded. At the extreme case, a 3
foot encroachment along this entire area would represent a cumulative fill of
roughly 6.46 acres.
Sections 30230 and 30231 of the Coastal Act provide that a marine resources and
biological productivity be maintained, enhanced and where feasible restored. While
the method of constructing the bulkhead by jetting the panels into place will in-
crease turbidity and result in the loss of some bottom dwelling species, such
impacts are likely to be temporary and will not result in severe impacts to biolog-
ical productivity. Ho�,.rever, the Commission is concerned over the permanment loss
by filling of this .006 acres of habitat. Such loss would result not
only in the loss of organisms on site but the loss of area as future habitat.
Cumulatively, continued 4ncremental fill in the bay could reduce bottom habitat
thereby alteri . ng the food chain and overall productivity. Further, cumulati,�,re
less of tidal prism could affect water quality and circulation and impact overall
biological productivity.
As it has found in its prior actions in Newport Bay, any approval -of such bulkhead
extensions and filling of this marine habitat may only be permitted for uses con-
sistent with Section 30233(a) of the Coastal Act. in its approval of the 35th
Street extension ( 5-82-25) the Commission permitted the bulkhead extension and
backfilling as an incidential public service purpose, finding that such encroach-
ment was necessary to protect a public street and accessway. The Commission also
noted that its action, ..."in no way implies approval for other bulkhead recon-
struction activities bayward of existing alignments." And, in 5-82-12 (Callahan
and Hill) the Commission in approving the filling of a marine railway to an exist-
ing bulkhead alignment for expansion of a boat repair yard and construction of a
restaurant, indicated that it would significantly improve water quality and biolog-
4cal productivity and that the visitor serving use provided by the restaurant would
insure the economic viability and continued use of the expanded and improved boat
yard facility, a clearly coastal dependent use as described in Section 30233 (a) .
Inother actions the Commission has consistently denied projects which would result
in the filling of wetland areas for uses not permitted by Section 30233(a) of the
Act (e.g. Chula Vista LCP and A-156-79 Carmel Valley Road).
The project as proposed would reconstruct a bulkhead and fill estuarine intertidal
area for residential use resulting in the extension of the residential lot area.
The Commission finds that such encroachment of a bulkhead for residential use is
not an allowable activity mder Section 30233(a) nor can the Commission find the
project consistent with Sections 30230 or 30231 of the Coastal Act which requires
maintenance of the biological productivity and protection of marine resources.
However, the Commission finds that the project as conditioned to require replace -
V
ment of the bulkhead in the same alignment is an allowable activity under Section
30233(a) and 30235 since it will not result in any fill of estuarine intertidal
habitat.
-7 -
The Commission staff considered the possible role the bulkheads may play in main-
taining the existing dredged depths of.Riva Alto.canal and associatevd,private
�boating piers, docks and berthing areas -For navigation, as indicated in Section
30233(a)(2). The applicants' engineer has indicated that the construction and
replacement of the bulkhead along the same alignment tk7ill cause erosion of the
residential lot areas into the channel. Based on information submitted by the
applicants,.engineer, it can be estimated by jetting to a depth of 14 feet below
existing ground level, at a 1:1 degree of erosion, a maximum of approximately 1396.5
cubic feet of material would slough.off on each lot, a total of 4189.5 cubic feet.
According.to the C-ity'Is Marine Department, the existing dredge depth of Rivo Alto
canal at the pierhead line is about -2 feet, and in the middle of the channel
about -7 feet, with the bank sloping at about 3:1 ' Small craft would usually re-
quire minimum. depths of about. -4 feet in this canal. The Commission therefore concludes
that the amount of material which would probably erode from the three subject -sites, a
maximum total of only about -155 cubic yards, would disperse through water circulation
and is not likely to have significant effect on the design depth of the Channel.
Therefore, the Commission finds that there is no substantial evidence to indicate that
the bulkhead extension is necessary to continued maintenance of the channel and any
potential erosion which may occur as a result of replacement'along the same alignment
does not represent a significant threat to navigation.
B - Alternatives. Section 30233 requires however, that such uses be per-
mitted only where there is no feasible less environmentally damaging alternative
and where feasible mitigation measures have been provided -10 minimize adverse en-
Vironmental effects. IfFeasible" as defined b%7 Section 30108 means.capable of being
accomplished in a successful manner within a reasonable period of time taking into
account economic, environmental, social and technological factors.
The applicant(s) contend that the bulkhead is deteriorated and 4 n need of replacement.
While Section 30235 allows shoreline structures necessary to Drotect existing structures
from erosion, even if a fill project is allowable under the provisions of the Coastal
Act such fill must be the least environmentally damaging feasible alternative. The
Commission has previously denied such shoreline structures which would result in the
filling of wetland area on the basis that the project failed to demonstrate that
"there is no feasible less environmetally damaging alternative", regardless of
whether th . e use is permitted under Section 30233(a), (e.g. A-244-80, 22nd District Ag.)
in order to be found consistent with the Coastal Act the applicant would have to demon-
strate that "there is no feasible less environmertally damaging alternative" and that
"feasible mitigation measures have been Providbd to minimize adverse environmental
effects" (PIRC 30233(a)).
The applicants presented information which states that the reason for the placement
of the new wall in front of the old wall is that, "when installing the seawa 1
'V 1 panels
by jetting any other walls, pilings, ett. within one to two feet will either "kickout"
or fall over. In the case of an old wooden bulkhead, if the wall did collapse, a
tremendous amount of the o,�mjner's yard would end up in the bay due to tidal action
which we would be exposed to for roughly a week". After further requests from staff
the applicants submitted additional information on other feasible alternatives
(Exhibit 6, 7). The information discusses the method of installation. The applicants
representative and engineer contends that the installation is required baTelard to pro-
vide construction access. Yet, as described, the actual construction and equipment
will be operated from the adjacent lot, that is, equipment will be operated from the
35th street end after its new wall is installed to repair the wall at 3500 Marcus,
then moved onto 3500 to repair the wall at 3502 and so on.
- - N
Based on this information, it appears that equipment will only be on the property
adjacent to each site where the wall is actually being replaced. This implies that
each site is stabilized prior -to moving equipment on to replace the next bulkhead.t
Further, as described it therefore appears that the bulkhead may be replaced in
sections'. This may in fact minimize the area exposed to any erosion and no substantial
information was submitted as to why replacement could not occur in smaller increments
to further mitigate any potential erosion or failure.
Although the replacement -will expose the si
r, te to tidal action for about one week,
there is no evidence to indicate that this short term exposure will be so severe as
to threaten the existing primary residential structures. As -indicated above, only
about 155 cubic yards of material would likely be eroded.
The applicants indicate that replacing the bulkhead in the same location would re-
quire removing the existing bulkhead and the subsequent erosion would undermine fences,
houses, �-.ralks, planters, patios, etc. and would involve loss of property and risks.
The applicants information further explains that jetting to install the bulkhead
immediately behind the existing wall would involve thesame problems and would under-
mine the houses and blow out the old wood wall. And, as the applicants -indicate,
"...when we are jetting in seawalls, we know that anything withi _n 7'xl2' from where
we are jetting, �-.rill be influenced in some way. We try to use high tides only, so
that the water will help us a -rid will alternate from end to end to try and keep from
overjetting one area." The infor-nation also indicated that the costs'involved would
be substantially increased to replace the bulkhead along the existing alignment.
However, as indicated in photoqra;:�hs submitted, review of aerial photographs, and
field checks it appears that t -he only structures i-unediately adjacent which may be
influenced would be patios, planters, fences and backyards. Field checks by Commission
staff indicate that all the homes are located greater than 7-12 feet from the existing
Bulkhead: the residence at 3500 Marcus is approximately 15 feet from the existing
bulkhead. The existing residence at 3502 Marcus is approximately 25 feet from the
existing bulkhead and the residence at 3504 Marcus is approximately 40 feet from the
existing bulkhead with an accessory building located about 6 feet from the bulkhead
(See Exhibit 8 ). The er.qineering Jnformation submitted also did not include an
detailed evaluation of onsite soil and site conditions. Potential instability
is dependent to some degree on the type of so -41 and geologic site conditions and type
of foundation of existing development. Therefore the Commission finds that the informa-
tion submitted fails to conclusively demonstrate the existing homes would in fact be im-
pacted by erosion, and the replacement and backfill of existing -backyards and patios
is a feasible less environmentally damaging alternative than encroachment on intertidal
and subtidal habitat areas. Alternatives of construction during low tide periods to minimize
any potential for erosion was not discussed in the information submitted; and, as Proposed
the information does not provide sufficient evidence to document that in fact normal
tidal action would create a sign 4 ficant erosion problem. Therefore the Commission
finds that the contention of undue risks is unsubstantiated by the present -information.
The applicants also discussed shoring the area with sheet piling to replace the
bulkhead along the existing alignment but concluded that the necessary construction
methods would be noisy and cause vibraticns which tend to crack foundations and
cause subsidence, although the area which would be affected was not specified.
-9 -
Access from the channel side of the sites for replacement was not fully evaluated,
k,
although mention was made of the need to remove docks and pilings to gain access.
Alternatives which would armor or reinforce the existing bulkhead were not dis-
cussed.
The applicants have failed to determine conclusively that all other alternatives
would incur in.pacts which would be significant and adverse and could not be effectively
mitigated.
Given the very specific test of Section 30233 and Section 30235, the Commission finds
that the information submitted fails to adequately demonstrate that there is no
feasible less environmentally damaging alternative. And, the applicants have failed
to adequately incorporate feasible mitigation measures to minimize adverse e-nviron-
mental effects. The Commission therefore finds that the projects as proposed are in-
consistent with Sections 30233, 30230 and 30235 of the Coastal Act -
However, as conditioned, the replacement of the bulkhead would be required along the
existing alignment which would not allow filling of the estuarine habitat. While
this alternative may require removal or replacement of only minor structures such
as fences and patios, planters and g-ardens within 7-12 feet of the existing bulkhead
on the residential lots, it would prevent any filling of valuable estuarine habitat
and the Co -mission finds therefore that as conditioned, the project is consistent
with Sections 30233, 30230, 30231 and 30240 of the Coastal Act.
4. Public -Access
Sections 30210, 30211, and 30212 of the Coastal Act provide that maximum opportunities
for public access to and along the shoreline be provided in any new development.
Section 30214 provides in part that the public access policies shall. be implemented
in a manner that takes into account the time, place and manner of public access because
of site constraints, the need to protect the privacy of adjacent residents, to provide
for maintenance and the collection of litter and the concern for the rights of the
Private property owner. The City of Newport Beach.Land Use Plan as certified by the
Commission also provides the policies requiring lateral and vertical access in new
development. These policies provide that requirements for access do not pertain to
established, existing residential subdivision where no sandv beach exists.
The proposed project is located on three adjacent lots with existing residences in a
built out subdivision adjacent to Rivo Alto. The Commission finds that no vertical
access is required because adequate vertical access exists nearby, immediately adjacent
to these parcels at the 35th street end.
In its action on the Newport Beach LUP the Commission determined that continuous lateral
access along the Bay in existing subdivisions should be assured where sandy beach can
be reached and access can be provided consistent with the privacy of adjacent residents.
In this particular case, there is a lack of sandy beach, the sites are full- bulk -
headed and houses located in close proximity to the bulkhead, and the area adjacent
to Rivo Alto is fully developed. Continuous lateral access is not appropriate at
this particular site since generally it does not provide access to usable sandy
beach and cannot be provided consistent with protection of privacy and Section
30214 of the Coastal Act.
Therefore the Commission finds that a conditioned the projects are consistent with
Sections 30210, 30211, 30212 and 30214.
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To 111 Huey D. Johnson
Secretary for Resources
1416 Ninth Street
Sacramento, California 95814
Att-n: Jim Burns, Projects Coordinator,
From : Department of Fish and Game
t
Data: June 15, 1982
!E3M U U
JUL 0 6 19 8 2
CALWORINIA
COASTAL COMMISSION
Subject t Corps Public Notices 82-89, 82-90 and 82-943, Bulkhead Construction, Newport
Bay, Orange County
We have reviewed the subject Public Notices for the construction of tlir:ee new
concrete bulkheads to replace existing deteriorated wood seawalls. The project
sites are adjacent and the new bulkhead appears to be a single unit. Each pro-
posal calls for building a new bulkhead three feet in front of an existing wood
seawall. While the individual and collective impact of these three proposals
is indeed small (.006 acres total), the precedent involved in permitting the
requested offset and the conseqdent potential for adverse impact on intertidal
habitat through much of lower Newport Bay can be significant.
We would not object to the. issuance of -these permits provided the proposed
concrete bulkheads are constructed at the exact same location as the existing
wood seawalls or immediately adjacept to them.
Should the above recommendation prove infeasible, we then request that the
Public Notices he held in abeyance uatil appropriate on-site or off-site
mitigation proposals are worked out and agreed to. Onee such avenue, w'hich the
Department is currently pursuing, is a proposal between the City of Newport
Beach and the Department which could provide a mechanism to mitigate the
cumulative impacts of small bulkhead and fill projects such as these.
'If there are questions regarding these comments, please contact Mr. R. E. Mall,
Environmental Services Supervisor, 350 Golden Shore, Long Beach, CA 9U802. The
telelephone number is (213) 590-5174.
MT 717M I'll RAAL
F_ C. FULLUTU
Director
EXHIBIT NO.
P PPLICATION NO.
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EXHIE31T NO.
APPLICATION N6—
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PPLI1
3';�Z-312_ C41/ WJA471
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2410 Newport Boulevard
92AA. Ne port Beach, California 92663-3798
Co.1stal Corn,11133ion Telephone (714) 673-1960
WATERFRONT CONSTRUCTION Contractors License No. 3229961k
iul,� 7, 1982
n
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California Coastal Commission 19832
631 Howard St. CALIFORNIA
4th Floor COASTAL COMMISSION
San Francisco, Ca. 94105
-al Analyst
Attn: Elizabeth Fuchs, Coast
Re: Applications 311, 312, & 3157
Applicant names: Flanders, Bell and Rhinesmith
Dear Ms. Fuchs:
The fol'owing is submitted in support of' the abo-e r-i�-enced
L I
a op 1 J. ca t ions .
':)r"e-1: -1escrJrt-icn of the typical concrete sea�vall is as fc'llows:
J_
47
Pr-_:�-cast torque and groove concrete pare1s, four"'.) .---et wi E.,
7oi.,,rt een. 1 14 Z' Eat and ei-ht (8 ) inches- th.-Lc1c we1;,,:*in,-,
'i'ted vertically and
5, 500 lbs. are I
p r
l c e . "'he jet runip is very large and is powerej by a
om the pump to 'C"he _t pipe we use -f-Lre-hose �(.:o
Je
connect to the zipe and by lowering the pipe into the bay and
running up the engine, we ' have a large volume of water urder
high pressii-re creating a. hole and susitain-inq the Sand in sus-
z� �� n. sL c, n . We then lover the Pane -1 into rilace and when we snut
-_0 he pump, sand i=ediately falls out of suspension and locks
down ve-t-cal face,
t -he Panel in Depending on the exposur�? or
seawall panels vary in length. The emtedment "ruie or: is
1/3 in the around and 2/3 out. After the panels are -in pilace, we
install deacL-non iblocks approximately 201 back of the wall and -4 tie
these blocks tc the wall with steel tie rods, either JLn a st-raight
cattern or a criss-cross. A. coping appriximately 2' X 2" is cast
continuous on top %Df the panels to hold the tie rods and to �iis-
-tribute the loading.
There are two ways to install the seawall either by land or from
the 1 --ay. We shall consider by land first.
1. If by land, we need access for a crane to lift the
panels so the.wall must be built bayward of the
old wall to allow access. First we install the
wall from the street end (after its new wall is
installed) for the property numbered 3500 Marcus.
TRAYTWEIN BROTHERS 2410 N port Boulevard Nemrport Beac'n,:" 'ifornia 9266-01 (714) 673-1960
Page
vibrations tend to crack foundations and to cause subsidence through
vibrating the surrounding ground and causing to settle. If you did
not damage anything, the cost of this would add about $30,000.00 to
the wall cost. our company would probably.stay away from this method
since the liability is so great.
I would much rather be installing the new wall further away from the
existing wall, say 7' but I felt 3' was reasonable and showed that
on the drawings.
I hope the above clears up some of the questions, but if you have
others, feel free to contact me.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRONT��STRUCTION.
Samuel F. Kniss
SFI</tlb
C.C. Norton Flanders
William Bell
Bill Rhinesmith
Department of the Army
Los Angeles District
Corps of Engineers
Regulatory Branch
0 () Box 9711
2410 Newport Boulevard
Newport Beach, California .92660
Telephone (714) 673-1960
Can"vocjao U*mse sgi, iM973A
April 23, 1982
EXHIBIT NO. /7
APPLICATION NO.
3k k cpkcx Vae V-,
Rj�%k rAoev%kl n -i
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California Coastal Commiszlon
Los Angeles, Calif. 90053
4�
Subject: Application on BehalL Of on Flander to Construct
a New Concrete Bulkhead aat 3 Marcus Avenue, in
Newport Bay. Application No. 82 -89 -RA
Attn: Bob Atkins
Dear Bob:
The following itemized list is in reply to the letter ddted
April 16, 1982 (copy enclosed) in which the Corps requested
additional information.
6. Purpose, description of structures on fills or
platforms, type, composition, quantity of material,
method of dredging, means of conveyance, disposal
site of dredged material, step-by-step description
of work.
Precast tongue and groove concrete panels will be
jetted in place approximately 31 bayward of the
old deteriorated wood seawall. A concrete coping
will be cast on the top'Of the panels to provide
anchorage for the deadmen tie rods and to tie
the panels together. The existing 41 wide pier that
is attached to the existing wood wall, will be
reattached to the new seawall. The new 31 strip
of land that is created is in the ow-ner's back-
yard and will only be his yard as patio. No
structure will be built within ten(10) feet of
the new wall, since the wall will not take the
surcharge of any structure. 9
The reason for the placement of the new wall in
front of the old wall is as follows: When in-
stalling the seawall panels by jetting, any other
walls, piling, etc.* within one to two feet will
either "kick out"' or fall over. In the case of
an old wooden bulkhead, if the wall did collapse,
a tremendous amount of the owner's yard would end
Page 2
up in the bay due to the tidal action which we
would be exposed to for roughly a week.
The amount of fill required for the 31 strip the
length of the property approximately 51 deep,
would be 17 cubit yards. In theory, it is
virtually impossible to.obtain the material by
dredging both due to cost and the impossible
location. The fill will be accomplishedby im-
port from the street side and will be a clean
sand that can be compacted by water flooding.
7. Mailing addresses, owners and lessees:
3500 Marcus Ave. -William Bell 714-675-2098
Applicant- 3502 Marcus Ave. -Norton Flanders 714-675-0285
3504 Marcus Ave. -Bill Rhinesmith 714-675-8873
12. When issued, provide copies of approvals or certi-
fications listed on your application and below
rider "OTHER" -
A. Listed on my application
1. Water Quality Control Board; copy of
approval letter enclosed.
2. State Lands Commission; copy of
approval letter enclosed.
3. City of Newport Beach; Conceptual
approval enclosed.
14. Types of vessels, sewage pump out and refueling
facilities, hazardous materials contingency plan,
copy of environmental assessment or report if
prepared.
I don't think that the question is applicable,
since we are only replacing an existing seawall.
15. Print name and title of signer, signed statement
as described in item designating your agent.
SAM F. KNISS, PARTNER; Trautwein Brothers is the.
designated agent for the above referenced owner,
copy -of Agent Authorization form enclosed.
I understand there is a $10.00 fee that is due when the permit
is issued. Please let me know when required and I will for-
ward to you.
Page 3
The following are answers to the items listed under "OTHER":
1. The number of cubic yards of backfill for the
new concrete bulkhead. 17 cubic yards
The following permits or approvals are required prior
to issuing permit:
1. Water Quality Control Board approval for the
bulkhead; copy of letter enclosed.
2. State Lands Commission; copy of letter enclosed.
City of Newport Beach; copy of Conceptual Approval
enclosed.
4. Coastal Commission; pending; copy of application
enclosed.
I -F you have any questions regarding the above, please feel free
to contact me.
Sincerely,
TR.AUTWEIN BROTHERS
WATERF�T CONSTRUCTION
Samuel F. is
SFK/tlb
C.C. Norton Flanders
Vi
8
M
0-1
lit
cz
r
2410 Newport Boulevard
'74a4d- BuAeu Newport Beach, California* 92660
WATERFRONT CONSTRUCTION Telephone (7-14) 673-1960
Contmdws Uamse No. 25WSA
May 26, 1982
California Coastal Commission
South Coast District
666 E. Ocean Blvd.
Suite 3107
P. 0. Box 1450
Long Beach, Ca. 90801
Re: Application Nols. 311, 312 & 315
Attn: Carol Pillsbury, Staff Analyst
Dear Carol:
I would appreciate being placed on the first available Southern
California hearing for the above referenced applications and
wish to have them kept together as a unit. In regard to the time
involved before the next Southern hearing, I waive.the 1149 day
time period."
If there is any additional information required, feel free to
contact me.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRONT CO UCTION
SaAel F. Kniss
SFK/tlb
414aa4w.ia B*a&wu
WATERFRONT CONSTRUCTION
Department of the Army
Los Angeles District
Corps of Engineers
Regulatory Branch
P. 0. Box 2711
Los Angeles, Calif. 90053
2410 Newport Boulevard .
.Newport Beach, California 92660
Telephone (714) 673-1960
Contractors Ucense No. 25WSA
April 23, 1982
Subject: Application on Behalf of liam P. Bell to Construct
a Bulkhead at 3500 Marcuslt����t Bay.
Application No. 82 -94 -RA
Attn: Bob Atkins
Dear Bob:
The following itemized list is in reply to the letter dated
April 16, 1982 (copy enclosed) in which the Corps requested
additional information.
6. Purpose, description of structures on fills or
platforms, type, composition, quantity of material,
method of dredging, means of conveyance, disposal
site of dredged material, step-by-step description
of work.
Precast tongue and groove concrete panels will be
jetted in place approximately 31 bayward of the
old deteriorated wood seawall. A concrete coping
will be cast on the top of the panels to provide
anchorage for the deadmen tie rods and to tie
the panels together. The existing 41 wide pier that
is attached to the existing wood wall, will be
reattached to the new seawall. The new 31 strip
of land that is created is in the ownerts back-
yard and will only be his yard as patio. No
structure will be built within ten(10) feet of
the new wall, since the wall will not take the
surcharge of any structure.
The reason for the placement of the new wall in
front of the old wall is as follows: When in-
stalling the seawall panels by jetting, any other
walls, piling, etc., within one to two feet will
either "kick out" or fall over. In the case of
an old wooden bulkhead, if the wall did collapse,
a tremendous amount of the owner's yard would end
7RAUTWEIN BROTEIM 24 10 Ne- -ort Boulevard a Newport Beach, Cc."Qmia 92660 (714) 673-1960
Page 2
up in the bay due to the tidal action which we
would be exposed to for roughly a week.
The.amount of fill required for the 31 strip the
length of the property approximately 51 deep,
would be 17 cubic yards. In theory, it is
virtually impossible to obtain the material by
dredging both due to cost and the impossible
location. The fill will be accomplished by im-
port from the street side and will be a clean
sand that can be compacted by water flooding.
7. Mailing addresses, owners and lessees:
3412 Marcus Ave. -Phillip A. Butterfield 714-640-5546
3500 Marcus Ave. -William Bell --applicant 714-675-2098
3502 Marcus Ave. -Norton Flanders 714-675-0285
12. When issued, provide copies of approvals or certi-
fications listed on your application and below
under "OTHER".
A. Listed on my application
1. Water Quality Control Board; copy of
approval letter enclosed.
2. State Lands Commission; copy of
approval letter enclosed.
3. City of Newport Beach; Conceptual
approval enclosed.
14. Types of vessels, sewage pump out and refueling
facilities, hazardous materials contingency plan,
copy of environmental assessment or report if
prepared.
I don't think that the question is applicable,
since we are only replacing an existing seawall.
15. Print name and title of signer, signed statement
as described in item designating your agent.
SAM F. KNISS, PARTNER; Trautwein Brothers is the
designated agent for the above referenced owner,
copy of Agent Authorization form enclosed.
I understand there is a $10.00 fee that is due when the permit
is issued. Please let me know when required and I will f or -
ward to you.
TRAUTWEIN BROTHERS 2410 Nev---ort Boulevard 9 Newport Beach, CC-14ornia 92660 0 (714) 673-1960
Page 3
The following are answers to the items listed under "OTHER":
1. The number of cubic yards of backfill for the
new concrete bulkhead. 17 cubic yards
The following permits or approvals are required prior
to issuing permit:
1. Water Quality Control Board approval.for the
bulkhead; copy of letter enclosed.
2. State Lands Commission; copy of letter enclosed.
3. City of Newport Beach; copy of Conceptual Approval
enclosed.
4. Coastal Commission; pending; copy of application
enclosed.
If you have any questions regarding the above, please feel free
to contact me.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRO CONSTRUCTIO-N
Samuel F. Kniss
SFK/tlb
C.C. William P. Bell
2410 Newport Boulevard
Newport Beach, California 92660
WATERFRONT CONSTRUCTION Telephone (714) 673-1960
C—ftacters License Mm 25WSA
April 23, 1982
Department of the Army
Los Angeles District
Corps of Engineers
Regulatory Branch
P. 0. Box 2711
Los Angeles, Calif. '90053
Subject: Application on Behalf of Construct
a New Concrete Bulkhead at venue, in
Newport Bay. Application No. 82 -90 -RA
Attn: Bob Atkins
Dear Bob:
The following itemized list is in reply to the letter dated
April 16, 1982 (copy enclosed) in which the Corps requested
additional information.
6. Purpose, description of structures on fills or
platforms, type, composition, quantity of material,
method of dredging, means of conveyance, disposal
site of dredged material, step-by-step description
of work.
Precast tongue and groove concrete panels will be
jetted in place approximately 32 bayward of the
old deteriorated -wood seawall. A concrete coping
will be cast on the top of the panels to provide
anchorage for the deadmen tie rods and to tie
the panels together. The existing 48 wide pier that
is attached to the existing wood wall, will be
reattached to the new seawall. The new 31 strip
of land that is created is in the owner's back-
yard and will only be his yard as patio. No
structure will be built within ten(10) feet of
the new wall* since the wall will not take the
surcharge of any structure.
The reason for the placement of the new wall in
front of the old wall is as follows: When in-
stalling the seawall panels by jetting, any other
walls, piling, etc.* within one to two feet will
either "kick out" or fall over. In the case of
an old wooden bulkhead, if the wall did collapse,
a.tremendous amount of the owner's yard would end
TRAUMM BROTH= 2410 Newj' Boulevard Newport Beach, Cal- `nia 92660 (714) 673-1960
Page 2
up in the bay due to the tida-t action which we
would be exposed to for roughly a week.
The amount of fill required for the 31 strip the
length of the property approximately 51 deep,
would be 17 cubit yards. In theory, it is
virtually impossible to obtain the material by
dredging both due to cost and the impossible,
location. The fill will be accomplished by im-
port from the street side and will be a clean
sand that can be compacted by water flooding.
7. Mailing addresses, owners and lessees:
3502 Marcus Ave. -Norton Flanders, 714-675-0285
Applicant -3504 Marcus Ave., -Bill Rhinesmith, 714-675-8873
3506 Marcus Ave. -Courtney J. Smithi 714-675-4986
12. When issued, provide copies of approvals or certi-
fications listed on your application and below
under "OTHER".
A. Listed on my application
1. Water Quality Control Board; copy of
approval letter enclosed.
2. State Lands Commission; copy of
approval letter enclosed.
3. City of Newport Beach; Conceptual
approval enclosed.
14. Types of vessels, sewage pump out and refueling
facilities, hazardous materials contingency plan,
copy of environmental assessment or report if
prepared.
I don't think that the question is applicable,
since we are only replacing an existing seawall.
15. Print name and title of signer, signed statement
as described in item designating your agent.
SAM F. KNISSp PARTNER; Trautwein Brothers is the
designated agent for the above referenced owner,
copy of Agent Authorization form enclosed.
I understand there is a $10.00 fee that is due when the permit
is issued. Please let me knowwhen required and I will for-
ward to you.
TRAUTIWEIN BROTH= 2410 New rt Boulevard o Newport Beach, Cr—ornia 92660 0 (714) 673-1960
Page 3
The following are answers to the items listed under "OTHER":
1. The number of cubic yards of backfill for the
new concrete bulkhead. 17 cubic yards
The following permits or approvals are required prior
to issuing permit:
1. Water Quality Control Board approval for the
bulkhead; copy of letter enclosed.
2. State Lands Commission; copy of letter enclosed.
3. City of Newport Beach; copy of Conceptual Approval
enclosed.
4. Coastal Commission; pending; copy of application
enclosed.
If you have any questions regarding the above, please feel free
to contact me.
Sincerely,
TRAUTWEIYBfk9THERS
WATERF_ �ONSTRUCTION
Samuel F. Kniss
SFK/tlb
C.C. Bill Rhinesmith
474aa4woi w*- Buj" -
WATERFRONT CONSTRUCTION
2410 Newport Boulevard
Newport Beach, California 92660
Telephone (714) 673-1960
Contmdws Uamse N& 2SM54
April 23, 1982
Department of the Army
Los Angeles District
Corps of Engineers
-Regulatory Branch
P. 0. Box 2711
Los Angeles, Calif. 90053
Subject: Application on Behalf of on Flander to Construct
a New Concrete Bulkhead at
aLt 3 arcus Avenue, in
Newport Bay. Application No. 82 -89 -RA
Attn: Bob Atkins
Dear Bob:
The following itemized list is in reply to the letter dated
April 16, 1982 (copy enclosed) in which the Corps requested
additional information.
6. Purpose, description of structures on fills or
platforms, type, composition, quantity of material,
method of dredging, means of conveyance, disposal
site of dredged material, step-by-step description
of work.
Precast tongue and groove concrete panels will be
jetted in place approximately V bayward of the
old deteriorated wood seawall. A concrete coping
will be cast on the top of the panels to provide
anchorage for the deadmen tie rods and to tie
the panels together. The existing 40 wide pier that
is attached to the existing wood wall, will Ne
reattached to the new seawall. The new 31 strip
of land that is created is in the owner's back-
yard and will only be his yard as patio. No
structure will be built within ten(10) feet of
the new wall, since the wall will not take the
surcharge of any structure.
The reason for the placement of the new wall in
front of the old wall is as follows: When in-
stalling the seawall panels by jetting, any other
walls, piling, etc., within one to two feet will
either "kick out" or fall over. In the case of
an old wooden bulkhead, if the wall did collapse,
a tremendous amount of the owner's yard would end
-MAUTVAM DROMRS 2410 Newi I Boulevard Newport Beach, (7x,' 1mia 92660 a (714) 673-1960
Page 2
up in the bay due to the tidal action which we
would be exposed to for roughly a week.
The amount of fill required for the 31 strip the
length of the property approximately 51 deep,
would be 17 cubic yards. In theory, it is
virtually impossible to obtain the material by
dredging both due to cost and the impossible
location. The fill will be accomplished by im-
port from the street side and will be a clean
sand that can be compacted by water flooding.
7. Mailing addresses, owners and lessees:
3500 Marcus Ave. -William Bell 714-675-2098
Applicant- 3502 Marcus Ave. -Norton Flanders 714-675-0285
3504 Marcus Ave. -Bill Rhinesmith 714-675-8873
12. When issued, provide copies of approvals or certi-
fications listed on your application and below
under "OTHER".
A. Listed on my application
1. Water Quality Control Board; copy of
approval letter enclosed.
2. State Lands Commission; copy of
approval letter enclosed.
3. City of Newport Beach; Conceptual
approval enclosed.
14. Types of vessels, sewage pump out and refueling
facilities, hazardous materials contingency plan,
copy of environmental assessment or report if
prepared.
I don't think that the question is applicable,
since we are only replacing an existing seawall.
15. Print name and title of signer, signed statement
as described in item designating your agent.
SAM F. KNISS, PARTNER; Trautwein Brothers is the
designated agent for the above referenced owner,
copy of Agent Authorization form enclosed.
I understand there is a $10.00 fee that is due when the permit
is issued. Please let me know when required and I will for-
ward to you.
7RAUTWM BROTFEEMS 2410 Ne- -)rt Boulevard 0 Newport Beach, C --"fomia 92660 (714) 673-1960
Page 3
The following are answers to'the items listed under "OTHER":
1. The number of cubic yards of backfill for the
new concrete bulkhead. 17 cubic yards
The following permits or approvals are required prior
to issuing permit:
1. Water Quality Control Board approval for the
bulkhead; copy of letter enclosed.
2. State Lands Commission; copy of letter enclosed.
3. City of Newport Beach.; copy of Conceptual Approval
enclosed.
4. Coastal Commission; pending; copy of application
enclosed.
If you have any questions regarding the above, please feel free
to contact me.
Sincerely,
TRAUTWEIN BROTHERS
WATERF T CONSTRUCTION
S S mu iss
amuel F?.K�iss
SFK/tlb
C.C. Norton Flanders
rUMIC I
Lij
US Army Corps
of Engineers of� Application
Los Ange'les District
P.O. Box 2711 for Permult
Los Angeles, CA 90053
Public Notice/Application N6.82 -94 -RA
SPLCO-R Date 14 MAY 1982 Comment Deadlinel 4 JUN 1982
Interested parties are hereby notified that an application has been received for a Department of the Army
permit for the activity described below and shown on the attached drawing(s).
Applicant(s) Mr. William P. Bell
3500 Marcus Avenue
Newport Beach, CA 92663
Location. Rivo Alto Channel, New -port Bay, Pacific Ocean, at 3500 Marcus Avenue, Lot 1,
Block 335, Tract Canal Section,'city of Newport Beach, Orange County, California
Activity, Purpose - To construct a new concrete bulkhead approximately three feet in front
of an existing wood seawall. (cont. on page 2)
Comment and Review Period - Interested parties are U.S. Army Engineer District
Invited to provide their views on the proposed work, ATTN: SPLCO - R - 82 -94 -RA___
which will become a part of the record and will be con- P.O. Box 2711 (Public Notice No.)
sidered in the decision. Comments should be mailed to: Los Angeles, CA 90053
EIS Determination - A preliminary determination has been made that an environmental impact statement is
not required for the proposed work.
Public Hearing - Any person may request, in writing, within the comment period specified in this notice, that
a public hearing be held to consider this application. Requests for public hearing shall state with
particularity the reasons for holding a public hearing.
Other Authorizations Required - City of Newport Beach
Water Quality: X Certification that the.proposed work will not violate applicable State water quality
standards has been requested from location State None Required
Coastal Zone Management: X The State of California is reviewing this work for consistency with its
approved Coastal Zone Management Program. E,' None Required
Cultural Resources - The latest version of the National Register of Historic Places has been consulted and
this site is not listed. This review constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Endangered Species - Preliminary determinations indicate that the proposed activity will not affect
endangered species, or their critical habitat, designated as endangered or threatened (Endangered Species
Act). Formal consultation under Section 7 (c) of the Act is not required.
Authority - This permit will be issued or denied under the following authorities:
Structures or work in or affecting navigable waters of the United States - Section 10, River and Harbor
Act of 1899 (33 U.S.C. 403).
KI Discharge of dredged or fill material for purpose of dumping into Waters of the United States - Section
404, Clean Water Act (33 U.S.C. 1344).
EJ Transportation of dredged material for purpose of dumping into ocean waters - Section 103, Marine
Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
Evaluation - The deci,,:ion whether to issue a permit will be based on an evaluation of the probable impact
including cumulative impacts of the proposed activity on the public interest. That decision will reflect the
national -concern for both protection and utilization of important resources. The benefit which reasonably
CN may be expected to accrue from the proposal must be balanced against its reasonably foreseeable
co
-0 detriments. All factors which may be relevant to the proposal will be considered including the cumulative
0)
LL effects thereof; among those are conservation, economics, aesthetics, general environmental concerns,
rs� wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation,
co
LO shoreline erosion, and accretion, recreation, water supply and conservation, water quality, energy needs,
_j
u_ safety, food production and, in general, the needs and welfare of the people. In addition, If the proposal
_j would discharge dredged or fill material, the evaluation of the activity will include application of the EPA
Guidelines (40 CFP 230) as required by Section 404 (b) (1) of the Clean Water Act.
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
P. 0. BOX 2711
LOS ANGELES. CALIFORNIA 90053
IN REPLY REFER TO
SPLCO-R 19 April 1982
Mr. Sam Kniss
Trautwein Brothers
2410 Newport Blvd.
Newport Beach, CA 92660
SUBJECT: Application on Behalf of William P. Bell to Construct a Bulkhead
at 3500 Marcus Avenue in Newport Bay
Dear Mr. Kniss:
Reference Is made to your Application No. 82 -94 -RA
We are reviewing your application, and estimate the processing time will be
a minimum of 60 days Any work done before issuance of a permit is
prohibited by law and may subject the parties involved to possible civil and
criminal legal action.
To process your application, the information designated on the attached check
list is required. The requested information must be submitted within 45 days
from the date of this letter.
Prior to issuance of a permit, approvals designated on the attached check list
are required.
If you have any questions or wish to bring to our attention special
circumstances justifying expedited processing, please callBob Atkins
in our Regulatory Branch at (213) 688-5606, before 3:00 p.m.
Sincerely,
Incl W. H. MAHONEY
Assistant Chief, Construction -
Operations Division
CHECK LIST FOR APPLICATION NO. 82 -94 -RA
(Circled items are incomplete. Numbers refer to numbered items on your
Application form.)
6. Purpose, description of structures on fills or platforms, type,
composition, quanity of material, method of dredging, means of conveyance,
disposal site of dredged material, step-by-step description of work.
7. Mailing addresses, owners and lessees.
'12, When issued, provide copies of approvals or certifications listed on your
application and below under "OTHER".
14. Types of vessels, sewage pump out and refueling facilities, hazardous
materials contingency plan, copy of environmental assessment or report if
prepared.
15. Print name and title of signer, signed statement as described in item
designating your agent.
A fee of $10.00 will be charged if and when the permit is issued.
Please make the check payable to the Finance and Accounting Officer USAED LA.
Please place your application number on the check.
DO NOT SEND CHECK UNTIL REQUESTED BY OUR OFFICE.
DRAWINGS - SEE ATTACHED CHECKLIST
OTHER:
Copy of your Coastal Commission permit.
The following is required to process your application:
1. The number of cubic yards of backfill for the new bulMe-a-a.
LA FL 507A
'go
March 11, 1982 _TF
Filet SD 82-03-03
Samuel F.- Kniss
Trautwein Brothers
Waterfront Construction
2410 Newport Boulevard
Newport Beach, California 92660
Dear Mr. Kniss:
Subject: Proposed Construction of a New Seawall for Mr.
William Bell at 3500 Marcus Avenue, Newport
Beach, Orange County
The staff of the State Lands Commission has received your letter
dated February 19, 1982 and copies of the permit drawing relative
to the construction of your client's seawall in Newport Bay.
This is to advise that the tide and submerged lands over which
the proposed project will extend are sovereign lands of the State
of California that the Legislature granted in trust to the City of
Newport Beach. Therefore, you need not apply to the State Lands Commission
for project authorization. You should, however, apply to the City
of Newport -Beach for any necessary permits or approvals. You should
also apply to all other agencies having approval authority,
This action does not constitute$ nor shall it be construed as,
a waiver of any right, title, or interest by,the State of California
in any lands under its jurisdiction.
Very truly yours,
JUDY LUDLOW
Granted Lands Representative
(916) 445-7134
JL -pc
cc: California Coastal Commission
South Coast District
66 East Ocean Boulevard, Room 3107
Long Beach, California 90801
Attn: Nancy Lucast, District Director
Robert L. Wynn, City Manager
City of Newport Beach
City Hall
33 Newport Boulevard
Newport Beach, California 92660
Mr. William Bell
3500 Marcus Avenue
Newport Beach� California 92663
63dI
15cc: G 091-02
PECU
APPLICATION FOR A DEPARTMENT OF THE ARMY PERMIT
Form Approued Office of
For use of this form, we EP 1145.2-1
L
Mgmt & Budget No. 49-RO420
The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899. Section 404 of
P. L. 92-500 a6d Section 103 of P. L. 92-532. These laws require permits authorizing structures and work in or affecting navigable
waters of the tj'h�jted States. the discharge of dredged or fill material into waters of the United States, and the transportation of
dredged materibi for the purpose of dumping it into ocean waters. Information provided in ENG Form 4345 will be used in -evaluating
the appi ication for a permit. Information in ttkeappl ication is made a matter of publ ic record through issuance of a publ ic notice.
Disclosure of the information requested is vol&Iary. however, the data requested are necessary in order to communicate with the
applicant and to evaluate the permit application. If necessary information is not provided. the permit application cannot be pro–
cessed nor can a permit be issued.
One set of original drawings or good reproducible copi . �ias which show the location and 'character of the proposed activity must
be attached to this application (see sample drawings and checklist) and be submitted to the District Engineer having jurisdiction
over the location of the proposed activity. An application that is not completed in full will be returned.
U Application number (To be assigned by Corps)
2. Date
3. For Corps I use only.
3 5 82
Day MO. Yr.
4. Name and address of applicant.
5. Name, address and title of authorized agent.
William P. Bell
Trau"Ewein Brolthers (Sam 'Kniss)
3500 Marcus
2410 Newport Blvd.
Newport Beach, Ca. 92660
Telephone no. during business hours
Telephone no. during business hours
A/C (714 675-2098
A/C (7 14) A -7 -4 –1 Q A Q
A/C
A/C
6. Describe in detail the proposed activity, its purpose and intended use (private, publit;. commercial or other) including descrip–
tion of the type of structures. if any to be erected on fills. or pile or float–supported platforms. the type, composition and
quantity of materials to be discharged or dumped and means of conveyance, and the source of discharge or fill material. If
additional space is needed. use Block 14.
Build new concrete bulkhead to be built approximately three(30
feet in front of old deteriorated wood seawall.
Fill to be by import.
7. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins -the waterway.
3412 Marcus Ave. Phillip A. Butterfield
3500 Marcus Ave. William Bell, Applicant
3502 Marcus Ave. Norton Flanders
B. Location where proposed activity exists or will occur.
Address: Tax Assessors Description: Jlf known)
3500 Marcus Ave.
Street, road or other descriptive location Map No. Subdiv. No. Lot No.
Newport Beach
In or near city or town Sec. Twp. Rge.
—Orange California 92663 Assessor's Parcel #
County State Zip Code
9. Name of waterway at location of the activity.
RIVO ALTO
L
NG Form 4345. 1 OCT 77 Edition of 1 Apr 74 is obsolete.
10. Date activity isproposedtocommenm Within 60 days after Permit apiproval.
Date activity is expected to be completed With in 90 (1 AV c; a fti-r starti nc7-
11. Is any portion of the activity for which authorization is sought now complete? YES E] NO
If answer is "Yes" give reasons in the remark section. Month and yew the activity was completed
VIA Indicate the existing work an the drawings.
12. List all approvals or certifications required bv other federal. interstate, state or local agencies for any structures. consbuc—
tion, discharges. deposits or other activities deocribed in this application.
Issuing Agency Type Approval Identification No. Date of Application Date of Approval
Water Quality letter 2/26/82 3/2/82
State Lands
Commission submittal 2/26/82
City of Newport
Rea ch submittal;'
2/26/82
13. Has any agency denied aDDroval for the activity described herein'or for any activity directly related to the activity
described herein?
ElYes Fx] No (if "Yes" explain in remarks)
14. Remarks or additional information.
15. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar
with the information contained in this application, and that to the best of my knowledge and bell f such information is true,
complete. and accurate. I further certify that I.possess the authority to undert 0 pro;pz; t,
Signaid-re of Applicant or Authoeiipd-9gent
The application must be signed by the applicant; however. it may be signed by a duly authorized agent (named in Item 5)
if this form is accompanied bv a statement by the applicant designating the agent and agreeing to furnish,upon request,
supplemental information in support of the application.
18 U- S- C. Section 1001 provides that: Whoever. in any manner within the jurisdiction of any department or agency
of The United States knowingly and willfully falsifies, conceals. or covers up by any trick. scheme, or device a material fact
or makesany false. fictitious or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false fictitious or fraudulent statement or entry. shall be fined not more than $10.000 or
imprisiGned not more than five years. or both. Do riot send a permit processing fee with this application. The appropriate
fee wi I I be assessed when a permit is issued.
2410 Newport Boulevard
Newport Beach, California 92660
WATERFRONT CONSTRUCTION Telephone (714) 673-1960
Contractors Ucense No. 256973A
To: Mr. William Bell
3500 Marcus Ave.
Newport Beach, Ca. 92663
Re: New Bulkhead
Dear Mr. Bell:
For your convenience and to expedite the processing
of the permits, etc. that are necessary to the above
project, I can sign for you as your agent on all such
documents. If this is your desire, please endorse below.
Please retain one copy for your files.
Sincerely,
TRAUTWEIN BROTHERS
�-am Kniss
I authorize you to act as my agent on the above project.
LLQ -I- C -
Signature
Date
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CITY OF NEWPORT BEACH
U RO. BOX 1768, NEWPORT BEACH, CA 92658-8915
)F= 0
MEMORANDUM
TO: Tony Melum, Marine Department
FROM: Faysal Jurdi, Chief Plan Check Engineer O-LtQsa�
SUBJECT: Deteriorated Wood Bulkhead at 3500, 3502, 3504 Marcus Avenue
DATE: June 16, 1993
In an effort to reduce property loss due to flooding in the City of Newport
Beach, we investigated the causes of flooding in the 3500 block of Marcus Avenue.
On June 11, 1993 Lloyd Dalton from the Public Works Department and I inspected
the bulkhead at the subject addresses and found that the wood bulkhead is
deteriorated and is allowing earth to leak into the channel. Continued earth
leakage will result in the undermining of structural foundations. When high tide
occurs, water leaks through the bulkhead instead of a delayed rise through the
retained earth. This increases the rate of water accumulation in city streets
during rains and high tide when the tide valves have been closed by the General
Services Department. This results in an increased chance of flooding of private
property and creates a threat to public safety.
The worst bulkhead condition was found to exist at 3500 Marcus Avenue where earth
caved behind the bulkhead due to earth leakage to the bay through the
deteriorated bulkhead. Sand bags have been placed behind the bulkhead. However,
it is not an effective method of solving the problem. Since maintenance of the
bulkhead is under your department's authority, please request that the property
owners at the subject sites replace these wood bulkheads in order to protect
their properties and mitigate the causes of flooding in the area.
cc: Lloyd Dalton, Public Works
Mike Pisani, General Services
3300 Newport Boulevard, Newport Beach
CALIFORNIA COASTAL COMMISSION
631 Howard Street, San Francisco 94105— (415) 543 -SSSS
July 19,1982
IMPORTANr PUBLIC HEARIN]r NOTICE
Application Nos. 5-82-311 (Flanders)
3502 14arcus Ave.
Newport Beach, CA
5-82-312 (Rhinesmith)
39,0`4 Marcus Ave.
1:4
ewport Beach, CA
5�-82-315 (Bell)
3500 Marcus Ave.
Newport Beachy CA
Me public hearing on these three items previously scheduled for July 27, 1982
before the California Coastal Commission has been postponed. These items will be
rescheduled for the next southern California meeting of the Commission,
August 24-27,1982.
You will be notified at a later date of the exact date and location of the
hearing.
For further information please contact Liz Fuchs of the Commission staff at the
above address.
%aa4wda
WATERFRONT CONSTRUCTION
California Coastal Commission
631 Howard St.
4th Floor
San Francisco, Ca. 94105
Attn: Elizabeth Fuchs, Coastal Analyst
2410 Newport Boulevard
Newport Beach, California 92663-3798
Telephone (714) 673-1960
Contractors License No. 322996A
July 7, 1982
Re: Applications 311, 312, & 3157
Applicant names: Flanders, Bell and Rhinesmith
Dear Ms. Fuchs:
The following is submitted in support of the above referenced
applications.
A brief description of the typical concrete seawall is as follows:
Pre -cast tongue and groove concrete panels, four(4) feet wide,
fourteen(14) feet long and eight(8) inches thick weighing
approximately 5,500 lbs. -are lifted vertically and jetted in
place. The jet pump is very large and is powered by a diesel
engine. From the pump to the jet pipe we use firehose to
connect to the pipe and by lowering the pipe into the bay and
running up the engine, we have a large volume of water under
high pressure creating a hole and sustaining the sand in sus-
pension. We then lower the panel into place and when we shut
down the pump, sand immediately falls out of suspension and locks
the panel in place. Depending on the exposure of the vertical face,
seawall panels vary in length. The embedment "rule of thumb" is
1/3 in the ground and 2/3 out. After the panels are in place, we
install deadmen blocks approximately 201 back of the wall and tie
these blocks to the wall with steel tie rods, either in a straight
pattern or a criss-cross. A coping appriximately 21 X 2' is cast
continuous ontop of the panels to hold the tie rods and to dis-
tribute the loading.
I
There are two ways to install the seawall either by land or from
the bay. we shall consider by land first.
1. If by land, we need access for a crane to lift the
panels so the wall must be built bayward of the
old wall to allow access. First we install the
wall from the street end (after its new wall is
installed) for the property numbered 3500. Marcus.
TRAUTWEIN BROTHERS * 2410 N )ort Boulevard Newport Beach, 'ornia 92660 e (714) 673-1960
Page 2
After it is completed, we drive the crane across this yard to
set the wall at 3502 Marcus and the same at 3504 Marcus. I
originally was going to submit the permits and ask for 51 but
decided to ask for 31 to line up with the City's new wall.
Recently the City's wall was moved back 31, so now we don't
line up. In order to construct from the land side we have to
go in front of the old wood wall and to preserve the owner's
property we still must be in front of tne wall as I will explain
later in this letter. My signed quotation for this method is
$16,933.00
If y6u attempted to place the new wall on the old wall line,
you would first have to remove the old wall which would allow
the tidal action to work on the natural soil causing it to
erode and undermine fences, houses, walks, planters,- patios,
etc. This would be virtually impossible to do without destroy-
ing a lot of property and the risk would be too areat for our
company to attempt. Also, all the docks, piers and piling will
have to be removed and reinstalled in order to provide access
to the property. If a dollar value was to be placed on this work
(assuming no houses, fences, patios, planters, walks, etc.)
would be approximately $35,00.00.
If you were to try and install the wall behind the existing wall,
you would have the same problem. When you start jetting from
existing ground level all the way down 141 for installation of
the panels, you would undermine the house and blow out the old
wood wall. The problem and cost associated with this method would
be the same as on the old wall line.
An easy way to visualize the -Lnfluence of jetting the wall is that
if you had a hole 141 deep and the soil only sloughed off at a
1:1 slope, the hole across the top would be 141, so the distance
from the center would be 71. In other words, when we are jetting
in seawalls, we know that anything within 71 X 12' from where we
are jetting, will be influenced some way. We try to use high tides
only, so that the water will help us and will alternate from end
to end to try and keep from overietting one area.
To temporarily shore the areaso that we could place the new wall
on the old wall line, would require driving steel sheet piling.
This driving is done by steam, air diesel or drophammer either
of which are very noisy in a residential area plus the very high
TRAUTWEIN BROMMS 24 10 N -)ort Boulevard a Newport Beach, r fornia 92660 0 (714) 673-1960
Page 3
vibrations tend to crack foundations and to cause subsidence through
vibrating the surrounding ground and causing to settle. If you did
not damage anything, the cost of this would add about $30,000.00 to
the wall cost. Our company would probably stay away from this method
since the liability is so great.
I would much rather be installing the new wall further away from the
existing wall, say 71 but I felt 31 was reasonable and showed that
on the drawings.
I hope the above clears up some of the questions, but if you have
others, feel free to contact me.
Sincerely,
TRAUTWETN BROTHERS
WATERFRONT
,�STRUCTION
Samuel F. Kniss
SFK/tlb
C.C. Norton Flanders
William Bell
Bill Rhinesmith
WATERFRONT CONSTRUCTION
Department of the Army
Los Angeles District
Corps of Engineers
Regulatory Branch
P. 0. Box 2711
Los Angeles, Ca. 90053
2410 Newport Boulevard
Newport Beach, California 92660
TelephAne (714) 673-1960
Contractors License No. 258975A
July 7, 1982
Subject: Application No. 82-89 - RA; Norton Flanders
No. 82-§0 - RA; Bill Rhinesmith
No. 82-94 - RAI William P. Bell
Attn: Bob Atkins
Dear Bob:
The following is submitted in support of the above referenced
applications.
A brief description of the typical concrete seawall is as follows:
Pre -cast tongue and groove concrete panels, four(4) feet wide,
fourteen(14) feet long and eight(8) inches thick weighing
approximately 5,500 lbs. are lifted vertically and jetted in
place. The jet pump is very large and is powered by a diesel
engine. From the pump to the jet pipe we use firehose to
connect to the pipe and by lowering the pipe into the bay and
running up the engine, we have a large volume of water under
high pressure creating a hole and sustaining the sand in sus-
pension. We then lower the panel into place and when we shut
down the pump, sand immediately falls out of suspension and locks
the panel in place. Depending on the exposure of the vertical face,
seawall panels vary in length. The embedment "rule of thumb" is
1/3 in the ground and 2/3 out. After the panels are in place, we
install deadmen blocks approximately 201 back of the wall and tie
these blocks to the wall with steel tie rods, either in a straight
pattern or a criss-cross. A coping appriximately 21 X 21 is cast
continuous on top of the panels to hold the tie rods and to dis-
tribute the loading.
There are two ways to install the seawall either by land or from
the bay. We shall consider by land first.
1. If by land, we need access for a crane to lift the
panels so the wall must be built bayward of the
old wall to allow access. First we install the
wall from the street end (after its new wall is
installed) for the property numbered 3500 Marcus.
J5JtfC)THEBS 241n Newport Boulevard Newport Bear' California 92660
Page 2
(714) 673-1960
After it is completed, we drive the crane across this yard to
set the wall at 3502 Marcus and the same at 3504 Marcus. I
originally was going to submit the permits and ask for 51 but
decided to ask for 3' to line UP With the City's new wall.
Recently the City,s wall was moved back 31, so now we don't
line up. In order to construct from the land side we have to
go in front of the old wood wall and to preserve the owner's
Property we still must be in front of the wall as I will explain
later in this letter. MY signed quota -
$16,933.00 L-JLon for this method is
If-Yd)U attempted to Place the new wall on the old I wall line,
YOU would first have to remove the old wall which would allow
the tidal action to work on the natural soil causing it to
erode and undermine fences, houses, walks, Planters, patios,
etc. This would be virtually impossible to do without destroy-
ing a lot of property and the risk would be too great for our
company to attempt. Also, all the docks, piers and Piling will
have to be removed and reinstalled in order to provide access
to the property. If a dollar value was to be placed on this work
(assUming no houses, fences, pat'
10s, planters, walks, etc.)
would be approximately $35,00.0o.
If YOU,were to try and install the wall behind the existing wall,
YOU would have the same problem. When you start jetting from
existing ground level all the way down 141 for installation of
the panels, YOU would undermine the house and blow out the old
wood wall. The problem and cost associated with this method would
be the same as on the old wall line.
An easy way to visualize the influence of jetting the wall is that
if You had a hole 14' deep and the soil only sloughed off at a
1:1 slope, the hole across the top would be 141 0 the distance
from the center would be 71. In other words, wh'ens we are jetting
in seawalls, we know that anything within 71 X 121 from where we
are jetting, will be influenced some way. We try to use high tides
only, so that the water will help us and will alternate from end
to end to try and keep from overjetting one area.
To temporarily shore the areaso that we could Place the new wall
on the old wall line, would require driving steel sheet Piling.
This driving is.done by steam, air diesel or drophammer either
of which are very noisy in a residential area plus the very high
TRALTWEIN BROMM 2410 NE ort Boulevard e Newport Beach, C )rnia 92660 0 (714) 673-1960
Page 3
vibrations tend to crack foundations and to cause subsidence through
vibrating the surrounding ground and causing to settle. If you did
not damage anything, the cost of this would add about $30,000.00 to
the wall cost. Our company would probably stay away from this method
since the liability is so great.
I would much rather be installing the new wall further away from the
existing wall, say 71 but I felt 31 was reasonable and showed that
on the drawings.
I hope the above clears up some of the questions, but if you have
others, feel free to contact me.
Sincerely,
TRAUTWEIN BROTHERS
WATERFRqNT-,-�20NS TRUCT ION
Samuel F. Kniss
SFK/tlb
C.C. Norton Flanders
William Bell
Bill Rhinesmith
RIVO ALTO
IMPROVED BULKHEAD ALIGNMENT
- - - - - - - - ---
EXISTING BULKHEAD
FILL AND EXTEN SION
OF IMPROVEMtNTS
so 9 A- pie,
ViCINITY MAP