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Home My WebLink AboutM2014-0014STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN JR. GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office e� 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 Date: January 10, 2014 Permit No: 5-13-0511 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which I as sent to you on November 22, 2013 and was reported to the Commission on December 12, 2013 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director Title: Coastal Program Analyst STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200ea C Suite 1000 B Long Beachh,, CA 90802-4302 r, (562) 590-5071 1 Th6b Staff: J. Rabin -LB Date: November 21, 2013 ADMINISTRATIVE PERMIT Application No.: 5-13-0511 Applicant: Thomas Huchel Agent: Swift Slip Dock & Pier Builders, Inc. Location: 60536 th Street, Newport Beach (Orange County) Project Description: Remove existing 20' x 9' floating dock, 20' x 3' gangway, and 8' x 5' pier platform. Replace with a new 8' x 12' floating dock, a 24' x 3' gangway, and no pier platform. Relocate two 12" square concrete piles. Total water coverage would decrease from 280 sq. ft. to 168 sq. ft. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Thursday, December 12, 2013 — 8:30 a.m. Radisson Hotel Fisherman's. Wharf 250 Beach Street San Francisco, CA 94133 IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have 1 5-13-0511 (Huchel) Administrative Permit received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Jeffrey Rabin Title: Coastal Program Analyst STANDARD CONDITIONS: This permit is granted subject to the following standard conditions: Notice o Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office: 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms andconditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages five through nine. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance, of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the 2 5-13-0511 (Huchel) Administrative Permit Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION The subject site is a waterfront lot at 605 36th Street in the City of Newport Beach. (Exhibit 1) Single-family residences with private docks characterize the subject site and the surrounding area. (Exhibit 2) The project will remove the existing 20 foot by 9 foot floating dock, the 20 foot by 3 foot gangway, and the 8 foot by 5 foot pier platform. They will be replaced by a new 8 foot by 12 foot dock and a 24 foot by 3 foot gangway. The proposed project does not include a.pier platform. (Exhibits 3 and 4) The resulting project will reduce total water coverage from 280 square feet to 168 square feet. The dock project, associated with the existing single-family home, will be used for boating related purposes. As required by the City of Newport Beach Harbor Resources Division, an eelgrass survey was conducted on'June 23, 2013. No eelgrass was discovered within the project area. Eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60 -days with the exception of surveys completed in August -October. A survey completed in August -October shall be valid until the resumption of active growth (i.e., March 1). The project is on the agenda for the December 2013 Coastal Commission meeting so the eelgrass survey is no longer valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. As required by the City of Newport Beach Harbor Resources Division, a pre -construction Caulerpa taxifolia survey was done on June 23, 2013. No Caulerpa taxifolia was found. Caulerpa taxifolia surveys are valid for 90 days. The project is on the agenda for the December 2013 Coastal Commission meeting. The Caulerpa taxifolia survey is not valid since more than 90 days have passed since the survey was completed. Thus, an updated Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions 2 and 3, which identifies the procedures to be completed prior to beginning any construction. If any Caulerpa taxifolia is found on the project site, Special Condition 3 also identifies the procedures to be completed -prior to beginning any construction. Local Government and Other Approvals The proposed project has received Harbor Permit Number 636-605 and Plan Check Number 1455- 2013 from the City of Newport Beach Harbor Resources Division. The applicant's agent has applied for approval from the Santa Ana Regional Water Quality Control Board (RWQCB) and the U.S. Army Corps of Engineers. As part of its Harbor Permit for the project, the City of Newport Beach has imposed Special Condition 8, which states: "Vessels shall not encroach upon neighbor's property on either side." The City also included Special Condition 9, which says: "Vessels may not extend beyond the end of 5-13-0511 (Huchel) Administrative Permit the fingers by more than the width of its beam, except as otherwise noted in the Municipal Code." The City's Special Condition 10 specifies that the maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 8'. The City's Special Condition 11 says that the maximum beam that is permitted to side -tie to the easternmost side of the float is 14'. B. PUBLIC ACCESS The subject site is located on the bayfront in the City of Newport Beach. The nearest public access to the bayfront is approximately 60 feet away at the end of Short Street. Lateral access to the shoreline is impeded by bulkheads and docks of adjacent houses. As conditioned, the proposed development will not have any new adverse impact on public access to the coast or to nearby recreational facilities. Thus, as conditioned, the proposed development conforms to Sections 30210 through 30214, Sections 30220 through 30224, and 30252 of the Coastal Act. C. MARINE RESOURCES The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to .be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. The City of Newport Beach has imposed Special Condition 4 on their Harbor Permit for this project. "Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted." A WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post -construction Best Management Practices (BMPs). As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. E. LOCAL COASTAL PROGRAM The. Land Use Plan (LUP) for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. V. 5-13-0511 (Huchel) Administrative Permit Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion. (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project. , (3) Demolition or construction debris and sediment shall be removed from work areas each day, that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity. (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day. (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. 5 5-13-0511 (Huchel) Administrative Permit (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (11) All stock piles and construction materials shall be covered, enclosed on all, sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (13) The discharge of any hazardous materials into any receiving waters shall be prohibited. (1.4) Spill. prevention and control measures shall be implemented to ensure the proper handling and storage'of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away as possible from the receiving waters and storm drain inlets. (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program. By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris. R 5-13-0511 (Huchel) Administrative Permit b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized. c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall_- be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited. b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they maybe discharged to surface waters by the bilge pumps. 2. Eelgrass Survey(s) A. Pre -Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in VII 5-13-0511 (Huchel) Administrative Permit consultation with the California Department of Fish and Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any.event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance -with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the post -construction eelgrass survey for the, review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on-site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact)., The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3, Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Wildlife, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be. contacted through William Paznokas, California Department of Fish and Wildlife E:3 5-13-0511 (Huchel) Administrative Permit (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 9 M rO v ■ W c r+ z m O MN r r i 5 Cr r+ 2027 Placentia Avenue, Costa Mesa, California 92627 8 (949) 631-3121 - Fax (949) 631-3122 CDP 5-13-0.511 Exhibit 3 !"�Xfl i.r4 $WIKI DOCK & PIER . .. ......... . ...... BUIL..D ERS, INC. CDP 5-13-0511 ' Exhibit 4 ��£14T Opd 4' pA o 1 ,( v ?e�srares ov �$�REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 January 23, 2014 Regulatory Division Tom Huchel c/o Jacquelyn Chung Swift Slip Dock & Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. Huchel: Reference is made to your request (File No. SPL-2013-005214PL) for a Department of the Army Permit to complete work within waters of the U.S. Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to conduct the work described below in Newport Harbor within the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. Specifically, and as shown on the attached drawings, you are authorized to conduct the following activities affecting waters of the U.S.: 1. Remove an existing 280 square foot rectangular floating boat dock; pier, and gangway, and replace it with a 168 square foot dock and gangway, which would be connected directly to the seawall y 2. Remove two (2) existing 12 -inch square concrete guide piles and replaced them with two new 12 -inch square concrete guide piles. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition; please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Furthermore, you are hereby advised that the Corps of Engineers has established an Administrative Appeal Process which is fully described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thank you for participating in our regulatory program. If you have any questions, please contact Jason Lambert of my staff at 213-452-3361 or via e-mail at Jason. P.Lambert@usace.army.mi 1. Please be advised that you can now comment on your experience with Regulatory Division by accessinc, the Corps web -based customer survey form at: htti)://per2.nw,o.usace.arrny-mil/survev.html. Sincerely, Corice I Farrar Chief, Orange and Riverside Counties Section South Coast Branch Enclosure(s) Regulatory Division PERMITTEE DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE -3 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on January 23, 2016. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown. historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit; you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow- representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore, you must comply with the following non -discretionary Special Conditions: Special Conditions: 1. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 C.F.R. Part 324. 2. No earthwork is authorized by this Letter of Permission. 3. Creosote treated pilings shall not be placed in navigable waters unless all of the following. conditions are met: A) The project involves the repair of existing strictures that were originally constructed using wood products; v B) The creosote treated pilings are wrapped in plastic; C) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers-, D) The plastic wrapping is sealed at all joints to prevent leakage; and E) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the Permittee. 4. No other modifications or work shall occur to the structure permitted herein. 5. A pre -construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocoi (see http://swr.nmfs.noaa.gov/hcd/caulerpa/cc'p.pdf) not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction. The results of that survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated.as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG. 6. The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material .or debris shall be completely removed from the work area and disposed of in an appropriate upland site. 7. The Permittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify the Corps of the date of completion of operations at least five calendar days prior to such completion. 8. To ensure navigational safety; the permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, I I th Coast Guard District (dpw) TEL: (510) 4;7-2980 E-mail: d11LNM@uscg.mil Website: hrtp:/`/w-,v-w.uscc--,.mll/dp/Inrnrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) TEL: (310) 521-3860 E-mail: john.p.henniganc,uscg.m.il A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District ("dpw) and the U.S. Coast Guard_ Sector LA -LB (COTP) (contact information shown above), not less than 14 calendar days prior to commencing work and as project information -5 - changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging, diving, construction, etc). 2) Location of operation. including Latitude /Longitude (NAD 83). 3) Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in the operation (name, size and type). 5) VHF -FM radio frequencies monitored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for the area of operation. 9) Recommend the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfiilly damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Guard District in writing, with a copy to the Corps Regulatory Division, not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should any federal aids to navigation be affected by this project, the Permittee shall submit a request; in writing, to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. C) Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the U.S., the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the U.S. Coast Guard, Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. D) The COTP may modify- the deployment of marine construction equipment or mooring systems to safeguard navigation during project constriction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 9. Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey, as well as a copy of this permit, to the Corps Regulatory Division (via e-mail at: Regulatory.SPLnusace.arrmy.mil) and to the National Oceanic and Atmospheric Administration for updating nautical charts (via e-mail at: john.whiddon, cnoaa.gov). Post -project surveys/as-built plans should be provided electronically in W two formats: -Pts (xyz) and one of, .pdf, CAD, or GIS. Include the following header metadata: project name. surveyor's name and company, area surveyed (acres), type of survey method, date of survey, geographic control points (for example: latitude/longitude. plane coordinates), geographic coordinate system (use NAD8.1). geographic projection. units (use US Survey Feet), and tide game location. For all subsurface structures and dredge projects include elevation (z coordinate) datum indicated as a negative below MLLW, and also indicate the survey system and bin sizes as appropriate. 10. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due"notice from the Corps of Engineers Regulatory Division, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 11. This Corps permit does not authorize you to take any threatened or endangered species, or adversely modify its designated critical habitat. In order to legally take a listed species, have separate authorization under the Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with "incidental take" provisions with which you must comply). Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. A) This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. B) This permit does not grant any property rights or exclusive privileges. C) This permit does not authorize any injury to the property or rights of others. D) This permit does not authorize interference with any existing or proposed Federal project. I Limits of Federal Liability. In issuing thi liability for the following: s permit, the Federal Government does not assume any A) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. -7- B) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C) Damages to persons, property, or to other permitted or unpermitted activities or strictures caused by the activity authorized by this permit. D) Design or construction deficiencies associated with the permitted work. E) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. S. Reevaluation of Permit Decision. This office may reevaluate its decisioon this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are n not limited to, the following: A) You fail to comply with the terms and conditions of this permit.. B) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). C) Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. M LOS ANGELES DISTRICT US. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2013-00521-JPL Name of Permittee: Tom Huchel Date of Issuance: January 23, 2014 Date work in waters of the U.S. will commence: Estimated construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit. Signature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Jason.P.Lambert@usace.army.mil OR (2) FAX this certification. after signing: to: (213) 452-4196 OR (3) MAIL to the following address U.S. Army Corps of Engineers Revulatory Division ATTN: CESPL-RG-SPL-2013-00521-JPL 915 Wilshire Boulevard_, Suite 930 Los Angeles, California 90017 w L OS ,4_NGELES DISTRICT U. S. 4kMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL-2013-00521-JPL Name of Permittee: Tom Huchel Date of Issuance: January 23, 2014 Date work in waters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if any): Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: (1) E-MAIL a statement including all the above information to: Jason.P.Lambert@usace.anny.mil OR OR (2) FAX this certification, after signing, to: (213) 452-41.96 (3) MAIL to the following address: U.S. Army- Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-20 13-0052 1 -JPL 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 -10 - NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND Applicant: Tom Huchel REQUEST FOR APPEAL Attached is: I File Number: SPL-2013-00521-JPL Date: Jan. 23, 2014 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) See Section below PROFFERED PERMIT (Standard Permit or Letter of permission) A PERMIT DENIAL B APPROVED JURISDICTIONAL DETERMINATION C PRELIMINARY JURLSDICTIONAL DETERMINATION D SECTION I - The following identifies your rights and options regarding an administrative appeal E decision. Additional information maybe found at htt://www.usace.arrn.mil/cecw/ a es/reg nater alsthe above or C22s regulations at 33 CFR Part 331. ti p asux A. INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of .this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. ` C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers. Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal thea pproved JD tive Appeal Process by completing Section I1 of this form and sending the form to thdivision enginer the eer.oTh s11form must be rf Engineers eceived by the division engineer within 60 days of the date of this notice. ` E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary- JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you fiur may provide new information for ther consideration by the Corps to reevaluate the JD. -11 - SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections town initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record; the Corps memorandum for the record of the appeal conference or meeting and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information thatIr d POINT OF CONTACT FOR QUESTIONS OR If you have questions regarding this decision and/or the appeal process you may contact: Jason P. Lambert Project Manager, Regulatory Division U.S. Army Corps of Engineers, Los Angeles District 915 Wilshire Boulevard, Suite 930 Los .Angeles. CA 90017 Phone: (213) 452-3361 Fax: (213) 452-4196 Email: Ja_on.o.iambert ii usace arm nail is a ea y m the administrative record. INFORMATION: If You only have questions regarding the appeal process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer. U.S. Army Corps of Engineers South Pacific Division 1455 Market Street_ 2052B San Francisco_ California 9410-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: Eitonr<L;.i cap anau�h c?u; ice army miE RICHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel; and any government consultants. to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: of appellant or Telephone number: SPD version revised Decemberl ;,2010 -12- Applicant 2- Aphi\ant Options with Initial Prof//ed Permit --------------- Ap; M-er ag,sta @a% .letter d par, niFSio. Theme. ts,ith o d a.Gr mr.am= a&hG± Does � �)� m«m2:G :�&ydc.ia«b! Yes & e!a prere(,, . R�9 No ± = eg; er. 7 _10 diVric,ee &. wgkGrn-0d&tile Ay»w e. a & r a9; cw. r e,'r'3 e o yt7e o" d —± e wl0-1s, or � \ \ Demrm ADro » CK! v!wse %ter Aam@\'@ma. 9i,»D�rlP aR an &= m . ii ' or &a<etwat�, . lett« e a y *per z «»yt T epr @ . 1ns G:- ba of Yes th #+ « . No ` . 4P % dGs. R er peril -l: . . Thedm;— 69gw y e xSaaF2tc . ell" rer mn S « yt ees; Appendix B 2027 Placentia Avenue, Costa Mesa, 1 (949) 631-3121 California 92627 Fax (949) 631-3122 � f da V L) - L�-,Ty�Q�NEWPORT BERCH CITY w mBIP��MMm ' N� � ix ATry LMM. INGS FkW .UMPMR M IN FEET FM MOTE - -`f- ---� --_-^_~ STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR. GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 a•. Long Beach, CA 90802-4302 (562) 590-5071 Date: January 10, 2014 Permit No: 5-13-0511 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS, Please be advised that the Administrative Permit with the above permit number which I as sent to you on November 22, 2013 and was reported to the Commission on December 12, 2013 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director By: Title: Coastal Program Analyst STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200Bea hSuite 1000 Th6b Long Beach, GA 90802-4302 (562) 590-5071 :. Staff: J. Rabin -LB Date: November 21, 2013 ADMINISTRATIVE PERMIT Application No.: 5-13-0511 Applicant: Thomas Huchel Agent: Swift Slip Dock & Pier Builders, Inc. Location: 60536 1h Street, Newport Beach (Orange County) Project Description: Remove existing 20' x 9' floating dock, 20' x 3' gangway, and 8' x 5' pier platform. Replace with a new 8' x 12' floating dock; a 24' x 3' gangway, and no pier platform. Relocate two 12 square concrete piles. Total water coverage would decrease from 280 sq. ft. to 168 sq. ft. EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for, any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at'its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at.the following time and place: Thursday, December 12, 2013 — 8:30 a.m. Radisson Hotel Fisherman's Wharf 250 Beach Street San Francisco, CA 94133 IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 17 June 2013 Marc Brown California Regional Water quality Control Board 3737 Main Street Suite 500 Riverside, California 92502 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove and replace existing floating dock, gangway, and pile. Remove existing pier. Existing overwater coverage measures 280 sq. ft. Proposed project measures 168 sq. ft. Existing fill measures 2 sq. ft. Proposed project measures the same. It is our intention to comply with all Regional Water Quality Control Board requirements. We will not discharge vessel waste of any kind or adversely impact water quality at this location. 1. Applicant Name: Tom Huchel 2. Project Address: 605 36th Street Newport Beach, California 92663 3. Applicant Phone: 949.631.3121 4. Parcel Number: 423 o82 03 5. Scope of Work: Remove and replace existing floating dock, gangway, and pile. Remove existing pier. Existing overwater coverage measures 28o sq. ft. Proposed project measures 168 sq. ft. Existing fill measures 2 sq. ft. Proposed project measures the same. 6. Latitude/Longitude: N33.619307 / W-117.931239 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to the Regional Board General Certification for sheet and dock pile replacement, issued on 29 September 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office directly with any questions. Sincerely, Swift Slip Dock and Pier Builders, Inc. Jacquelyn Chung Permit Division HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing floating dock, gangway and pile. Remove existing pier. Existing overwater coverage measures 280 s .ft. Proposed project measures 168 sq. ft. Address number must be stenciled on at least 1 bayward facing pile. Fier conditions must be signed by applicant prior to final approval. Property Address: 605 36th St. Legal Description: Harbor Permit Number: 636-605 Plan Check Number: 1455-2013 Applicant: Tom Huchel Applicant's Mailing Address: 605 36th St., Newport Beach, CA 92663 Phone Number: 949 -631 -3121 -Swift Slip I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 Y And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: Y, Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. r -A,\ Lisa Walters, Harbor Resou July 9, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Print Eorrri Worksheet for Combo Building & Solar Pe . mw"WURCES F Comm'I rResidential City of Newport Beach - Building Division NEWPORTOF RF NOTE: PLAN CHECK FEES DUE AT TIME OF SU I A F -Building f— Grading f—Drainage f— Elec F_ Mech Plum Cu Yd cute/ Cu it --7h Project Address (Not mailing address) i- Flood Fire F- Liq F- Landslide F_N/A Floor Suite No [605 36th STREET F__ Description of Work Use F—Const Type Remove and replace existing floating dock, gangway, and pile. Remove existing pier. Existing # Stories— # Units (if Res)F_ dock measures 28U sq. ft..overwater coverage. Proposed dockmeasures 168 sq. ft. overwa er coverage. Valuation $ 13,000 Material/Labor New/Add SF v,( Remodel SF�— Garage/New/Add OWNER'S NAME Last Huchel First Forn Owner's Address Owner's E-mail Address 605 36th Street Jacquelyn.chung@sbcglobal.net City Newport Beach State [California Zip 92663 Telephone 949.631.3121 APPLICANT'S NAME LastSwift First Pete Applicant's Address Applicant's E-mail Address 2027 Placentia Avenue iJacquelyn.chung@sbcglobal.net City Costa Mesa State Calfornia Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City _ State Zip Telephone F, ,�.Si"P am ENGINEER'S NAME Last Bazley First Tim Li C 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Suite 200 Jacquelyn.chung@sbcglobal.net City San Pedro State California Zip 90731 Telephone 310.548.3132 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders, Inc. Lic. No. 797052 Classy Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue lJacquelyn.chung@sbcglobal.net City Costa Mesa State Caifornia Zip 92627 Telephone 949.631.3121 SETBACKS REAR SETBACKS FRONT SETBACKS LEFT SETBACKS RIGHT USE ZONE DEVELOPMENT NO PERMIT NO. PLAN CHECK NO. PLAN CHECK FEES $ r �r r�.( �a�^9 CITY OF NEWPORT L. CITY OF I NEWPORT BERCH ,� LFPER HEST -.NDIMT O � qL OCE -RN VICINITY MRP ►alw B". C&MVM BOY SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON MEAN LOUVER LOW WATER. I Rn -IG NT' S NAME -TOM tAk;iL-- FJORADDREss 6 0 � 3 (6th UMZMwTE i� c I Rn -IG NT' S NAME -TOM tAk;iL-- FJORADDREss 6 0 � 3 (6th UMZMwTE 2027 Placentia Avenue, Costa Mesa, California 92627 Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 Tom Huchel 605 36th Street Newport Beach, California 92663 Remove and replace existing floating dock, gangway, and pile. Remove existing pier. Existing overwater coverage measures 28o sq. ft. Proposed project measures 168 sq. ft. Existing fill measures 2 sq. ft. Proposed project measures the same. Document #1 - Assessors Map Document #2 — Aerial View of Project Site Document #3 — Project Site Document #4 — Drawing of Exisitng Floating Dock Document #5 - Drawing of Proposed Floating Dock Floating Dock 2-12" square pre -stressed concrete guide pile 4 x 6 framing with 5 x 5 angle clips and 1/2" bolting throughout i x 6 AZEK premium decking attached with stainless steel screws 2 x 12 facia with white rubstrip and corners Superfloat pontoons 4 —14" cleats Steel pile guides with 4 polyurethane rollers each Gangway Measures 24 x 3 4 — 2 x 12 stringer Heavy duty hinge and axel wheel combination AZEK decking to match floating dock 3 x 4 posts Milled handrails 5 —1/4" stainless steel cables ly ', w° sG DIVE WORKS (949) 759-0773 t„ sr 605 36 St IS. 429-0 Shoreline Village Drive Newport Beach otic sR4' Long Beach, CA 90802 Eelgrass Preliminary Survey Date of: June 23, 2013 Subject: Eelgrass (Zostera marina) Preliminary Survey and Caulerpa taxifolia Survey 60536 th St., Newport Beach Eelgrass was not observed at proposed project site. No Caulerpa Taxifolia was observed in subject area noted above. This Preliminary Eelgrass Survey is the result of studying this property and neighboring properties dock systems to determine the presence of eelgrass. This report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey assists development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible developments by contractors like you help protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you. If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 Preliminary Eelgrass and Caulerpa taxifolia Survey Page 1 of 10 � l"e wow DIVE WORKS (949) 759-0773 605 36th St a'r 429-0 Shoreline Village Drive Newport Beach EMR,� p4G� Long Beach, CA 90802 lVtNe s", Eelgrass Preliminary Survey RESIDENT Tom Huchel 605 36th St Newport Beach, CA Swift Slips Dock & Platform Builders, Inc. Costa Mesa, California Eelgrass Survey Preliminary Report Prepared June 23, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan Preliminary Eelgrass and Caulerpa taxifolia Survey Page 2 of 10 0 DIVE WORKS (949) 759-0773 36th 605 429-0 Shoreline Village Drive Newport Beach w�� aG Long Beach, CA 90802 p r�°ftvc s`�� Eelgrass Preliminary Survey CONTENTS List of Tables 3 List of Figures 3 Current Situation 4 Eelgrass Impacts 4 Survey Method 4 Survey Findings 4 Discussion 4 Caulerpa Survey Form 7 Eelgrass Survey Form 9 List of Tables Table 1. Site Location: Tides and Currents for Newport Harbor, June 23, 2013 .....................................................................................................................5 List of Figures Figure 1. Site Location: 605 36th St., Newport Beach .....................................................................................................................5 Figure 2. Dive Transects, Existing, and Proposed .................................................................................................................................6 Preliminary Eelgrass and Caulerpa taxifolia Survey Page 3 of 10 eWO kv A �' �yPt OF ry o seR`�4 Current Situation 429-0 Shoreline Village Drive Long Beach, CA 90802 605 36th St Newport Beach Eelgrass Preliminary Survey Resident (Tom Huchel) at 605 36th St., Newport Beach, Ca, see Figure 1, has proposed to replace existing dock, gangway, platform, and pile. Proposed new dock would be a smaller dock footprint and gangway system and no platform. See Figure 2 & 3. The new dock system would be composed of Douglas fir. Eelgrass was not observed in construction site; see Figure 2 & Eelgrass Survey Report. Caulerpa was not observed in any areas surveyed; see Caulerpa Survey Report. Eelgrass Impacts No eelgrass in survey area. See Figure 2. Survey Method Survey conducted June 23, 2013 beginning at 0930 hr, at N Lat +33.619455", W Long -117.9314". Day was overcast, air temperature 74° F. Water was 62° F. Depth ranged from sea wall at 2' to approximately 9" at end of existing dock, visibility was 4 ft. See Table 1. Survey area delineated spanning 30' ft wide paralleling sea wall to 30' ft out from sea wall past end of proposed dock to cover entire area to ensure >75% coverage of bay floor. Survey conducted by diver's 3' ft apart. Lanes ran parallel with sea wall scanning approximately 4 ft on either side. See Figure 2. Survey Findings Dimensions of proposed dock are shown in Figure 4. Eelgrass at this proposed project site was not observed. See Eelgrass Survey Report for detailed findings and observations. Sea life observed were mussels and ulva on bottom in sediment (sand and dirt). Discussion No eelgrass was observed in project area. Proposed project shows a new gangway off sea wall. Existing platform and it's pile would be removed. Dock dimensions would change reducing overall footprint from existing of 280 sgft to propose of 168 sqft. Ulva ssp. is scattered in small patches around existing dock with mussels on dock floats and piles. There is no eelgrass under or around dock. Impact to navigational waters will not change. Best management practices are recommended in replacement of piles and installation of proposed dock system. Preliminary Eelgrass and Caulerpa taxifolia Survey Page 4 of 10 ,e wo IVG DIVE WORKS (949) 759-0773 ��429-0 Shoreline Village Drive �A ,. 4 Long Beach, CA 90802 encS, Table 1: Tides and Currents for Newport Bay, June 23, 2013 Balboa Pier, Newport Beach, CA Stat on1d: 94.10583 6ieferencsd to Station: LOS ANGELES (Outer Harbor) ( 9410660 ) 605 36th St Newport Beach Eelgrass Preliminary Survey Heig,,ht onset in Meet l Iow.-U.�05 high. - U.�)by I ime ottset in mins 4 low:U high: Daily Tide Prediction in Fent`` Back to Station Lista Time Zone: LST/LDT -4 2013/06/23 - 2013/06/24 00 BoDkmark Datum: MLLW 7.88 i J 6.88 5.99 4.99 3.88 2.99 4j 1.99 4j 9.99 s -1.99 —2 99 Subordinate Predictions -----------.- ------ --------------------' --- ------------- — — DiveCT' --e - :...............-------------------------<---- ----- 090 r - _---------- -- - -- = .----..... .._...... _ Jun 23, 201 ------------- -- ----------------------- ------..... .---- -------- 96/23 96/23 06/23 96/23 96/24 86124 12an ban 12pn 6pn 12an ban Date/Tine (LST/LDT) 96/24 86124 96/25 12pn 6pn 12an Figure 1. Site Location: 605 36th St., Newport Beach t! �. �. Y. "N . { O36 th Preliminary Eelgrass and Caulerpa taxifolia Survey Page 5 of 10 Worms j�,A Ot GAS DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Figure 2. Dive Transects, Existing, and Transeds .... ... 33.619455 404 + 11'.9314 t i m t , ed 605 36th St Newport Beach Eelgrass Preliminary Survey Preliminary Eelgrass and Caulerpa taxifolia Survey Page 6 of 10 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form 605 36th St Newport Beach Eelgrass Preliminary Survey This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 605 36th St Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N Lat +33.619455" (UTM, Lat./Long., datum, accuracy W Long -117.9314" level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: Remove existing dock, gangway, platform, pile and replace with a (describe briefly the work to be different configuration dock, gangway, pile. conducted at the site under the permits identified above) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 7 of 10 -e w°mss kni POP i t a RIE a• btt'"tIVG DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 605 36th St Newport Beach Eelgrass Preliminary Survey Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 1' to 9' Bottom is sediment and sand. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 740 Air 620 Water Salinity: Dominant flora: Ulva ssp. Dominant fauna: Mussels Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using (please describe the surveys SCUBA. conducted including type of survey DATE: June 23, 2013 (SCUBA, remote video, etc.) and survey methods employed, date of TIME :0930 AM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 4' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 8 of 10 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 605 36th St Newport Beach Eelgrass Preliminary Survey Eelgrass Survey Reporting Form This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 605 36th St Newport Beach, CA Survey contact: Robert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit Reference: (ACOE Permit No., CCC Permit No.) HyRd.ographic System: Newport Bay (bay, estuary, lagoon, or harbor) Specific Location: N Lat +33.619455" (UTM, Lat./Long., datum, accuracy level, W Long -117.9314" attach electronic survey area map if possible) Was Eelgrass Detected: Eelgrass within 15' of project / disposal Eelgrass within 15'-30' of project / disp xxxx No eelgrass in project / disposal site Description of Permitted Work: Remove existing dock, gangway, platform, pile and replace with (describe briefly the work to be a different configuration dock, gangway, pile. conducted at the site under the permits identified above) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 9 of 10 �91� � WpsGs s N;M 21 r 1' ING psi RN'�� DIVE WORKS (949) 759-0773 605 36th St 429-0 Shoreline Village Drive Newport Beach Long Beach, CA 90802 Eelgrass Preliminary Survey Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: V to 9' Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 740 Air 620 Water Salinity: Dominant flora: Ulva ssp. Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys conducted including type of survey DATE :June 23, 2013 (SCUBA, remote video, etc.) and survey methods employed, date of TIME :0930 AM work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 4' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None Other Information: (use this space to provide any additional information or references to attached materials such as maps reports, etc. Eelgrass Survey Reporting Form (April 2009) Preliminary Eelgrass and Caulerpa taxifolia Survey Page 10 of 10 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 1 Fax (949) 723-0589 Special Conditions July 9, 2013 Property Address: 605 36th St. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 accordance with Municipal Code 10.28.040 the following noise regulations apply: Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays, No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighboes property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float Z 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float Lisa Walters, Harbor W nate Applicant mature — 1---a`'" Print Nafnd . Date F Page 2 of 2 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044/fx 949-723-0589 **Date of Applicaton: 10kol`°y Permit Number: (030 7(,005 **Property Address: V05" , [l D6.4- ` r c h % ifie **Buyer's Names: Buyer's Signatures: Billing Address: Telephone No.: **Seller's Names: N. Seller's Signatures: Joint Owner Signature: **Escrow Company ,� m G's l L) **Address 1 0LUAr~ **Escrow Number: 01 **Fax #: Closing Date (Estimate):_ Email: JW ZA Phone# ; *-*STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: �. Fee Paid: jai Check No: t-�3 Application Complete: ( j ,; Harbor ources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach !Municipal Code. g2(P&4 SEEM Sol ESCROW Phone (949) 644-3939 • 1200 Newport Center Drive, Ste. 180 • Newport Beach, CA 92660 • Fax: (949) 644-3938 www.freedomescrow.com Date: February 4, 2013 City of Newport Beach Escrow No. 049621 -JW 829 Harbor Island Drive Re: 605 36th Street, Newport Beach, CA 92663 Newport Beach, CA 92660 Dear Sirs : To assist us in handling the above numbered escrow, we enclose for your review the items indicated below. Signed City of Newport Beach Harbor Permit Transfer We appreciate having the opportunity of working with you. If there are any items you want furnished to you, please let us know so that we may provide them to you when we receive them. If you have any questions, please call us. Sincerely, Jason Watrous Escrow Officer December 6, 2012 Freedom Escrow Fax# 949.644.3938 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 n 949-644-3044/Fax 949-723-0589 Re: 60536 th Street Escrow# 049621 -JW Dear Freedom Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by both the buyer and seller the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, J64k A&M Lisa Walters 07-r�0V�i November 15, 2012 Freedom Escrow Fax # 949.644.3938 Re: Pier Permit # 636-605 60536 th Street Escrow# 049621 -JW Dear Freedom Escrow, CITY OF NEWPORT BEACH Harbor Resources 829 Harbor island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 The dock was inspected by the Harbor Resources Division of the City of Newport Beach at the property mentioned above. We cannot transfer the pier permit until the following deficiencies have been corrected and the property has been re- inspected: 1. A GFI (Ground Fault Interrupter) is required on the electrical line to the plug-in outlet on the dock. The Newport Beach City Municipal Code 17.60.030 states: CA. Prior to the transfer of an annual pier permit, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to the transfer of the permit. A fee will be charged for this inspection, established by Resolution of the City Council. Please call 949-644-3044 to request a reinspection. Once the property has passed reinspection and the application is signed by all parties, the dock will be transferred. Sincerely, Bb Waftm Lisa Walters Harbor Resources Date: Inspection Requested By: Inspector: Pier Address: Harbor Resources Department c Llerransfer GFI Present Anti -Siphon / Backflow Present Other Comments Eelgrass Reinspection Yes Nqo, None Needed Yes Need Date Time Eelgrass Within 15' of Project Eelgrass Within 15'- 30' of Project No. Eelgrass in Project Area Pump Out Pier Location Yes No Operational I I Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments i Observations Other Request Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/servleticom.esri.esrimap.Esrimap?ServiceName=n... 11/05/2012 CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CO . NSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROVISIONS Of THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONWTIONS LISTED HEREON. THIS PERMI-v 15 NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT or THE CITY HARBOR COORDINATOR OUNCIL. THV. RIGHTS GIVEN UNDER THIS OP IT ARE PER ISSIVE ONLY AND THIS PERMIT IVIA'Y 8 !EVO THE TY COUNCIL 11 TH TJU LF IN ACCORDANCE W EL EEO THE M U N IPAL CODE. " -.0 c 0�� CIT T NAR80Ft--C'00RVFN-AT0R b3l, -DEC 11969 p. ..... INSPECTED By p< D-4 31-o