Loading...
HomeMy WebLinkAboutM2002-0039California Regional Water Quality Control Board Nwf Santa Ana Region Winston H. Hickox Internet Address: http://www.swreb.ca.gov/rwqcb8 Gray Davis 3737 Main Street, Suite 500, Riverside, California 92501-3348 Secretaryfor Pl­. f0l)0% '7Q) A 1 '�() T�A QAQ '7Q1 4100 Governor Environmental Protection The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list ofsimple ways you can reduce demand and cutyour energy costs, see our website at www.swrcb-ca.govlrwqcb8. August 16, 2002 Ms. Lynne Riddle 615 36th Street Newport Beach, CA 92663 ORDER FOR A TECHNICALLY CONDITIONED CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE PROPOSED SEAWALL REPAIR PROJECT, CITY OF NEWPORT BEACH, ORANGE COUNTY (NO ACOE REFERENCE NUMBER) (RWQCB 302002-22-KDS) Dear Ms. Riddle On July 11, 2002, we received a request for 401 Water Quality Standards Certification dated July 10, 2002, from your agent Cash and Associates, for the above -referenced project. We received all requested materials for a complete application as of August 2, 2002. This letter responds to your request for certification, pursuant to Clean Water Act Section 401 that the proposed project described below will comply with State water quality standards outlined in the Basin Plan (1995): Project Descriptio The proposed project, located at 615 36 th Street in the City of Newport Beach, involves removing and replacing a failing 30 -foot concrete bulkhead. The bulkhead will be placed in the same location as the existing bulkhead, and will have an elevation of +9 feet Mean Lower Low Water in order to be in compliance with the building code. No dredging or structural piling is proposed. Work will be done at low tide. 0 Receiving water: Newport Bay, Orange County 0 Fill/excavation area: 0.001 acre Dredge volume: N/A • Federal permit: U. S. Army Corps of Engineers (USACOE) Section 10, Letter of Permission (Rivers and Harbors Act) • Fill/excavation and None dredge mitigation: Water quality impacts The proposed project is not expected to impact or disturb sediment. There will mitigation: be no loss of habitat at this project site. The work will be accomplished consistent with the, requirements of the California Coastal Commission. No discharges to the bay will occur. California Environmental Protection Agency Recycled Paper Ms. Lynne Riddle Newport Beach, CA -2- August 16, 2002 There is no wetland vegetation in the project area site. The proposed project is not expected to impact state- or federally -listed endangered species or their habitat. The project's description indicates that dewat ering will be necessary during construction. Discharges associated with dewatering activities may require Waste Discharge Requirements. If the discharges are to surface waters it is likely that they would be authorized under the Regional Board's National Pollution Discharge Elimination System (NPDES) Permit No. CAG998001, General Waste Discharge Requirements For Discharges To Surface Water Which Pose An Insignificant (De Minimus) Threat To Water Quality. Contact Jun Martirez at (909) 782-3258 with any questions regarding diversions, dewatering or discharges of waters of the U.S. You have submitted an application to the U.S. Army Corps of Engineers requesting a Letter of Permission in compliance with Section 10 of the Rivers and Harbors Act. You have filed for a Coastal Development Permit with the California Coastal Commission. This project has been determined to be ministerial or categorically exempt in accordance with CEQA Guidelines. This order for 401 Certification is contingent upon the execution of the following conditions: 1. There shall be no fueling, lubrication, or maintenance of construction equipment within 500 feet of waters of the State. 2. Adherence to the Caulerpa taxifolia stipulation, below. Caulerpa taxifolia Stipulation: In June 2000, Caulerpa taxifolia, an invasive marine seaweed, which has severe adverse effects on the ecosystem, was reported to be found in a lagoon off Huntington Harbour. Since then, it has been located within Huntington Harbour itself. The Regional Board, California Department of Fish and Game (CDFG), and other agencies are involved in extensive efforts to eradicate this seaweed and prevent its transport to other areas. Projects that entail dredging in marine waters are required to survey for Caulerpa to help locate and prevent its spread. If Caulerpa is found prior to or during implementation of the project, no work should begin or continue at that location until authorized by Regional Board staff. If the. invasive seaweed is discovered, it is not to be disturbed, and the Regional Board must'be notified immediately with report of the location and date of discovery. Should no Caulerpa be observed during the seawall repair, please notify the Regional Board of this fact when all property repairs have been completed. This will help us to establish a database on the occurrence or absence of Caulerpa. Regional Board Staff has determined that your proposed project, if constructed in accordance with the conditions of the 401 Water Quality Standards Certification, will be in compliance with the State of California's Anti -degradation Policy. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all water quality certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection 3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. California Environmental Protection Agency RecycledPaper X. Ms. Lynne Riddle Newport Beach, CA -3- August 16, 2002 (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant. Any discharge from the above -referenced project must comply with applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), (306 National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This letter constitutes a technically conditioned water quality standards certification. Although we anticipate no further regulatory involvement, if the above stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, we may formulate Waste Discharge Requirements. Please notify our office five (5) days before construction begins on this project. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law and detailed as follows: 1) For purposes of section 401 (d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. 2) In response to a suspected violation of any condition of this certification, the Regional Board may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the Regional Board deems appropriate. The burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. 3) In response to any violation of the conditions of this certification, the Regional Board may add to or modify the conditions of this certification as appropriate to ensure compliance. Should there be any questions, please contact Wanda Smith at (909) 782-4468 or Stephanie M. Gasca at (909) 782-3221. Sincerely, dERVD J. THIBEAULT Executive Officer CC: U.S. Environmental Protection Agency, Supervisor Wetlands Regulatory (WTR-8) — Tim Vendlinsk U.S. Army Corps of Engineers, Los Angeles District — Jae Chung California Coastal Commission, Long Beach Branch — Fernie Sy State Water Resources Control Board, Division of Water Quality, Water Quality Certification Unit — Oscar Balaguer, Chief Shellmcqker, Inc — Lisa Miller California Environmental Protection Agency RecycledPaper APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMBAPPROVALNO 0702-0036 Expires 30 June 1989 (33 CFR 325) The Depar-trnenc of the Army permit program is authorized by Section 10 of the River and'Haxbor Act of 1899, Section 404 Of ine Clea -n Water Act and Section 103 of the Maxine, Protection, Research and Sanctuaxies Act. These laws require permits authorizing ctivitie,3 in or affecting navigable wawr3 of the United States, the discharge of dredged or fill material into water -3 of the United S�ates, aan waters. Information provided on this form will ce ana .ne c-r-&nsportation of dredged material for the purpose of dumping it into oce Information in this application is made a matter of public record through Issuance Of a ,i.s.eci in ev&JuaLLng the application for a permit. a, y; however, the data requested axe nece&&&r-y in order to c-ornrnunlcacE puojic nocic-e. Di&closure of the information requet ad is voluntar tion is not provided the perrnit application cannot oe with the applicant and to evauuate the permit application, If necessary informa, procetim,ed nor can a permit be issued. One ei: of original drawings or good reproducible copies which show the location and character of the proposed activity rnLLSL be ac,ached to this application (see s4rnpU drawings and instructions) and be submitted to the District Engineer having i urisdic-tion over itY, An application that is not completed in full will be returned. Iocacion of the proposed activ �mBER �7,o b. —igned by Corp4) NAME, ADDRESS, AND TITLE Or AUTHORIZED AGENT 2 NAmF_7­NC)AC0RESS OF APPLICANT Lynne Riddle 61-5 35th Street ��ewport Beach, CA 92663 -­omone no, o�rInq ouslne,ga hour% A/C�949 573-9598 A/C Shellmaker Inc. 875 B West 15th Street Newport Beach, CA 92663 Telephone no. during ousiness hours A/C ( ) (Rosidence, A/C (949 548-5 3 59 (Off'­ StsionnenT of AUTmorizatiqn: i nw�y ­Wne- — ­­­- Shellmaker Inc. zo.cl,� -Y 0.rutIr agent In the process;Ing of This Permit 4PPlicatiOn &no To tQrniin, oon r�­T, %up n in support of the &Pollcatl0h, r fifsaidance) IGNATURE OF CANT J;C) A T (0 Mco) CE7A[�.ED DESCRIPTION OF PROPOSED ACTIVITY AC71VITY RemoVe and replace 301 of s - awall in the same location as existing. ,C) PRPOSE The existing bulkhead is a cast in place concrete wall of poor quality thaz is cracked and in the process of failing. Also, the existing bulkhead''s rdesi-Qn will not pass current construction standards and requirements, rr'-,,s project will also bring the bulkhead height up to conform with the City of Newport Beach's height requirement of +9' M.L.L.W. The present , '--head is in such poor condition that sand is starting to leak from t-'ne bull% yard behind the wall into the bay leaving the yard and house vulnerable. OF DREDGED OR FILL MATERIAL None ENG FORM 4-145, Apr 86 EDITION OF APR 83 IS OBSOLETE 5. NAMES AND ADDRESSES OF ADJOINING"PROPERTY OWNERS, LESSEES, ETC,, WHOSE PROP9­8`TTY ALSO ADJOINS THE WATERWAY Jacqulyn Cakin & Leila Family Gentry Larry Chazan 613 36th Street 47360'Via Ravenna Newport Beach, CA 92663 La Quinta, CA 92253 423-082-08 423-082-10 6, WATERBODY AND I-OCATION ON WATEREICOY WHERE ACTIVITY EXISTS OR IS PROPOSED Newport Harbor G P5 �30 co 7, LOCATION ON LAND WHERE ACTIVITY EXISTS CA 13 PROPOSED ADDRESS: 615 36th Street STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION Orange CA 92663 COUNTY STATE ZIP C002 City of Newport Beach LOCAL GOVERNING BODY WITH JURISDICTION OVER SITE S. is any portion of the activIry for which authorization Is sought now complerte? YES ONO It anvww is "Yes" give reetsons, month and year the activity we* complated. Indicate The existing work on the drawings. 9. List all approvals or certifications and denials rac*ived from othsor federal, interstatte, siate or local agencies for any structures, consTruction, discharge,s or other activities detaib*d In this *oplication. ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL City of Newport AIC 636-615 6/3/02 7/2/02 Beach CA Coastal pending Commission CA Regional Water pending Quality Control Board 10. Apolicatlon ii merooy meoe for a parmil or permits to authorize Th**cTivitI*sd9=rfb*d hweln. I certify that I am familiar with the information conTaino'i in this soplication, and Thai To the boin of my knowledge and belief such Inform4flon Is true, complete, end *Qcwrate. I furxh*r cerTity that I �>os�ess The authority to wn0ortako The proposed activities or I am acting as in* duly authorized agent of the applicant. 'SIGN� D A i�E SIGNATURE OF AGENT OATEt Lynne Riddle Lisa E. Miller, President, Shellmaker Inc. The application muit be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly cuthorUed agent if the statement in Block 3 has been /.�114d out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United Sl;.ate3 knowingly and willfully falairies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or make3 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 imprisoned not more than five years, or both. Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permit is issued. REPLY TO ATTENTION OF: October 1, 2002 Office of the Chief Regulatory Branch Judge Lynne Riddle c/o Shellmaker, Inc. Attention: Lisa Miller 875b West 15th Street Newport Beach, California 92663-2701 RE: Corps Reference No. 200201440-CJF Dear Judge Riddle: Reference is made to your request of August 22, 2002. 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 remove and replace an existing 30 -linear foot bulkhead, bayw-ard of in Newport Bay in city of Newport Beach, Orange County, California, as shown on the enclosed drawings. No change to the existing seawall footprint is authorized by this Letter of Permission, except to increase the height of the seawall to +9' MLLW for conformance with current construction standards and requirements. The owner or authorized responsible official must sign and date all copies of this Letter of Pern-dssion (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). Thank you for participating in our regulatory program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch C)�,-7 DATE DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF: October 1, 2002 Office of the Chief Regulatory Branch Judge Lynne Riddle c/o Shellmaker, Inc. Attention: Lisa Miller 875b West 15th Street Newport Beach, California 92663-2701 RE: Corps Reference No. 200201440-CJF Dear Judge Riddle: Reference is made to your request of August 22, 2002. 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 remove and replace an existing 30 -linear foot bulkhead, bayw-ard of in Newport Bay in city of Newport Beach, Orange County, California, as shown on the enclosed drawings. No change to the existing seawall footprint is authorized by this Letter of Permission, except to increase the height of the seawall to +9' MLLW for conformance with current construction standards and requirements. The owner or authorized responsible official must sign and date all copies of this Letter of Pern-dssion (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). Thank you for participating in our regulatory program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch C)�,-7 DATE -2 - 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 0 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 Enclosure(s) FDYWAVI CITY OF NE" )9vT BEACH -eftmommm,m ......... .... ...... ........... ..... ... ........ . .......... .. 1-11- ........... . .. . ... .... .......... ................ .......................... .... ...... .............. ................. ............... .......... "N: ...... LI NO E-L�-GRASS:W�T-Hll' O� EEL'l0qM1TNyT9-lWJEQT AREA T.S. NEWPOR C FOY�' u U C,�'7, PE,9MIT# DATE PROPERTY UNE---\ H Bop RE--�SoU '�GES Di. 0� y 0 NE ylt') T B 9 + LOT 9 11 -7 7, EXIST Bt-D'G 1/2' 18'-0" MIN WALL N I SH GIR ADE SEE CIVIL DYK�S +9 00' .......... L PROPO SED TIEBACK AyllD DEI E S DEAD MAN PROPERTY UNE ........... ELEV ................... VARIES. TYPICAL BULKHEAD SECTION N.T.S. SOUNDINGS ARE EXPECTED IN FEET NORTH AND DENOTE EIFVATIONS BASED ON MEAN LOWER LOW WATER. PROPERTY UNE EASTING STRUCTURE ...... LOT 8 NEW CONTINUOUS 'ONCRETE DEADMAN 9 . . . . . . . . . . LOT 7 \-NEW EADED TIE ROITYIP 62; 48' 30' E 30.w PROPOSED SEA WALL PROPERTY LINE ,4 A Or 4 PLAN VIEW N.T.S. I APLJCANTS NAME :JUDGE LYNNE RIDDLE LOT 8 BLO(X 63-6- JOe ADDRESS :615 36th STREET CONTRACTOR :SHEH MAKER INC. DATE 875 B WEST 15th STREET, NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 05/28/02 General Conditions: L The time limit for completing the authorized activity ends on October 1, 2004. 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. 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. 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. 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 pennittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structure work or obstructions caused thereby, without expense to the United States. No claim shall be mad against the United States on account of any such removal or alteration. Special Conditions: See attached sheet. 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. Lin-dts 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. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the pern-dtted 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 unpern-dtted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). -4 - 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. Lin-dts 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. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the pern-dtted 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 unpern-dtted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition I 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. -5- 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 I 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. W SPECIAL CONDITIONS FOR PERMIT NO. 200201440-CJF: I . Within 30 days of completion of the seawall replacement project, the permittee shall submit to the Corps an as - built drawing for comparison with footprint of wall to be removed. 2. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States. 3. No dredging or earthwork is authorized by this Letter of Permission. 4. No creosote treated pilings shall be placed within Newport Bay. 5. No other modifications or work shall occur to the docking structure. 6. 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. Therefore, the permittee shall employ all standard Best Management Practices to ensure that toxic materials, silt, debris, or excessive erosion do not enter waters of the United States during project construction. Upon completion of berthing improvements, any excess material or debris shall be removed from the work area and disposed of in an appropriate upland site. 7. The permittee shall discharge only clean construction materials suitable for use in the oceanic environment S. The permittee shall notify the Army Corps of Engineers of the date of commencement of operations and the date of completion of operations at least five days prior to such completion. 9. Prior to the commencement of construction, the permittee shall notify the US Coast Guard in writing. Please include: name of company conducting the operation, work to be completed, project location, hours of operation, duration of project, equipment being used, and an on-site point of contact. This information will be used in the Local Notice to Mariners (LNM) to notify the maritime community of activities affecting navigation. Please send the notification letter to: US Coast Guard, 11'h District, Attn: QM2 Shannon Rushing, Staff Symbol: oan, Coast Guard Island, Bldg. 50-6, Alameda, CA 94501-5100. 10. Should any federal aids to navigation (AtoN) be affected by this project, the permittee shall contact the US Coast Guard AtoN office at (510) 437-2982. 11. If the work requires that private aids to navigation be established, the permittee or contractor should contact Mr. Brian Aldrich of the US Coast Guard at (510) 437-2983. 12. Upon the US Coast Guard's receipt of the notification to start work, a copy of the applicant's letter will be sent to the Coast Guard Captain of the Port (COTP) of Los Angeles/Long Beach for review. The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during the project. Questions concerning lighting, equipment placement, and mooring should be directed to the COTP at (310) 383-1600. -7 - LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 200201440-CJF Name of Permittee: Lynne Riddle Date of Issuance: Upon completion of the activity authorized by this pern-dt, sign this certification and return it to the following address: U.S. Army Corps of Engineers Regulatory Branch ATI'N: CESPL-CO-R-200201440-CJF P.O. Box 532711 Los Angeles, CA 90053-2325 Please note that your pern-dtted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this pern-dt 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 STATE OF CALIFORNIA - THE RESOURCES —jENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 4 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 Date: October 16, 2002 (562) 590-5071 Permit No: 5-02-237 COASTAL DEVELOPMENT PERMIT On October 8, 2002, the California Coastal Commission granted to Lynne Riddle Coastal Development Permit 5-02-237, subject to the attached Standard and Special Conditions, for development consisting of: removal and replacement of a 30' long concrete bulkhead in the same location. No work is proposed to the existing dock. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 615 36 th Street, City of Newport Beach. Issued on behalf of the California Coastal Commission on October 16, 2002. PETER DOUGLAS By: Executive Director Title: ovastal Krogram Analyst ACKNOWLEDGMENT 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 caused by the issuance ... of any permit . . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID 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. 5-02-237 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. Application 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. Assignment., The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall 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: 1. 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 improvements will not be allowed at any time in the intertidal zone. (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 divers as soon as possible after loss. COASTAL DEVELOPMENT PERMIT No. 5-02-237 Page 3 of 4 2. Pre -Construction Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre - construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicants shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eeigrass 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. "I 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 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 completion 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 1.21 (mitigation: impact). The exceptions to the required 1.21 mitigation ratio found within SCEMP shall not apply. Any off-site 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. COASTAL DEVELOPMENT PERMIT No. 5-02-237 Page 4 of 4 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 applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: for the review and approval of the Executive Director; and to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (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/or 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 applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. Document2 Printed on October 16, 2002 abArn (Riddle) STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office Page 1 of 4 200 OceaNate, Suite 1000 Long Beach, CA 90802-4302 Date: October 16, 2002 (562) 590-5071 Permit No: 5-02-237 COASTAL DEVELOPMENT PERMIT On October 8, 2002, the California Coastal Commission granted to Lynne Riddle Coastal Development Permit 5-02-237, subject to the attached Standard and Special Conditions, for development consisting of: removal and replacement of a 301 long concrete bulkhead in the same location. No work is proposed to the existing dock. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at 615 36 th Street, City of Newport Beach. Issued on behalf of the California Coastal Commission on October 16, 2002. PETER DOUGLAS By: Executive Director Title: oastal Program Analyst -ACKNOWLEDGMENT 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 caused by the issuance ... of any permit . . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE cbmmISSION 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. ��ECE�VED B"( _AN�NIINC, DEP,,�,RTN,1ENT C 2002 A M ? M, 05 1? t� COASTAL DEVELOPMENT PERMIT No. 5-02-237 Page 2 of 4 STANDARD CONDITIONS: 1 Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment., The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. 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 improvements will not be allowed at any time in the intertidal zone. (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 divers as soon as possible after loss. COASTAL DEVELOPMENT PERMIT .No. 5-02-237 Page 3 of 4 2. Pre -Construction Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre - construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The 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 Eelgrass Surve . 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 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 completion 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 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Any off-site 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. COASTAL DEVELOPMENT PERMIT No. 5-02-237 Page 4 of 4 3. Pre -construction Caulerpa Taxitolia 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 applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: for the review and approval of the Executive Director; and to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman; National Marine Fisheries Service (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/or 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 applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. Document2 Printed on October 16, 2002 ab/Irn (Riddle) �Uv�'��'�'--sheflm.aker inc. Lisa E. Miller President 875 B West 15th Street, Newport Beach, CA 92663 General Engineering Contractors/License No. 561434 Marine Construction and Dredging Phone (949) 548-5359 Fax (949) 548-5315 Owl WORT BEACH CITY OF NE' ADMINISTRATIVE SERVICES 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 RECEIVED BY: PERRY2 TODAY'S DATE: 10/23/02 29004627 HARBOR PLAN CHECK (BLDG) CASH PAID CHECK PAID $.00 $132.111 CASH RECEIPt-- RECEIPT NUMBER: 02000036089 PAYOR: RIDDLE, L REGISTER DATE: 10/23/02 TIME: 0 9: 5 6: �.l L-�� 2qqu-2uu2 $132.11 ---------------- TOTAL DUE: $132.11 CHANGE�.- 00- TENDERED $132.11 IN C�- C--,� CITY OF NEWPORT BEACH .......... .... ................... .... .................... .... ..................... .... ...................... ...................... ..................... ........................ .... .......... I .... .... ........... I ... :. ............... :-:-: ........... ..................... ........ .......... ...................................... ............ I ......................... ........... d N0EEL-:bAA 0 EEMPANITRYA4ROJECT AREA IWZZ116J..'ir ry UT PERMIT# DATE PROPERTY L BOR RESOU, CES OF NEW T ;H LOT 9 04 p6l 9 Ca"T 71 X 2.0 EXIST BLD'G G WALL AP '/2" �18 -0" MIN SEE CIVIL MIN NI GR EL +9.001 14 DREDGE I F1 F'V id VARIES PROPOSED 11EBACK AN[ DEADMAN- PROPERTY LINE � � - - ----i ............. VARIES, TYPICAL BULKHEAD SECTION N.T, N.T.S. SOUNDINGS ARE EXPECTED IN FEET Mani" AND DENOTE ELEVATIONS BASED ON EXISTIING STRUCTURE LOT 8 NEW CONTINUOUS NEW TgrEAC TIE RO TYP N 52* 48' 3W E 30.00f PROPOSED SEA WALL PI .30'-0m PROPERTY LINE LOT 7 TY LINE 44 I>; PLAN VIEW N.T.S. APLICANTS NAME : JUDGE LYNNE RIDDLE LOT 8 BLOCK 63f JOB ADDRESS :615 36th STREET CONTRACTOR :SHELLMAKER INC. DATE : NEWPORT BEACH, CA 9266 875 8 WEST 15th STREET, 05/28/02 NEWPORT BEACH, CA 92663 CITY OF NEWPORT BEACH E)(IST BLD'G GAP 18'-0" MIN WALL I�ROJECT MIN nNI GRADE S SITE 00. SEE CIVIL DWGS ITE EL +9. - COW VICINITY MAP N.T.S. NEWPORT BAY, CALIFORNIA PROPERTY LINE LOT 9 '9 9 3t ;H C.4 L DREDGE PROPOSED EEV TIEBACK A VARIES DEADMAN PROPERTY LINE ELEV VA-RItS- TYPICAL BULKHEAD SECTION NJ rk, SOUNDINGS ARE EXPECTED IN FEET AND DENOTE ELEVATIONS BASED ON EXISTING STRUCTURE LOT 8 CONTINUOUS NEW OUTEYAPD TIE R N 52* 48' 3W E 30.01Y PROPOSED SEA WALL 30f -o" PROPERTY LINE LOT 7 LINE 4 & ,JVFA4" PLAN VIEW N.T.S. APLICANTS NAME : JUDGE LYNNE RIDDLE LOT 8 BLOCK 63f JOB ADDRESS :615 36th STREET CONTRACTOR :SHELLMAKER INC. DATE : NEWPORT BEACH, CA 92663 875 8 WEST 15th STREET, 05/28/02 NEWPORT BEACH, CA 92663