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Home My WebLink AboutM2014-0053Regulatory Division DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD, SUITE 930 LOS ANGELES, CALIFORNIA 90017 Roger Prend 1108 West Bay Avenue Newport Beach, California 92663 Dear Mr. Prend: December 10, 2014 Reference is made to your request (Corps File No. SPL -2012 -00818 -SME), dated October 19, 2012; for a Department of the Army (DA) authorization to construct the 1108 West Bay Avenue Boat Dock Replacement Project. Under the provisions of section 10 of the Rivers and Harbors Act of March 3, 1899 (33 United States Code (USC) 403), you are hereby authorized to conduct the work described below within Newport Bay in the city of Newport Beach, Orange County, California,. as shown on the attached Figures 1-4. Specifically, you are authorized to conduct the following regulated activities; I Remove an existing 725 -square -foot U-shaped floating dock (Figure 3); 2. Remove seven existing 12 -inch diameter concrete piles (Figure 3), 3. Remove an existing 20 -foot by Moot gangway (Figure 3); 4. Remove an existing 12 -foot by 10 -foot pier (Figure 3); 5. Remove an existing 11 -foot by 4 -foot approach (Figure 3); 6. Install a new 4 -foot by 4 -foot approach (Figure 4); 7. Install a new 14 -foot by 10 -foot pier (Figure 4); 8. Install a new 24 -foot by 3 -foot gangway (Figure 4); 9. Install a new 4 -foot by 4 -foot knee (Figure 4) 10. Install a new 304 -square foot L-shaped floating dock (Figure 4); 11. Install two 7 -foot by 14 -inch square concrete "T" piles (Figure 4); and 12. Install two 18 -inch square concrete guide piles (Figure 4). 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 signed copy of this LOP must be returned to the Corps Regulatory Division. In addition, please use the two attached pages 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 Regulatory Division has established an Administrative Appeal Process which is fully described in 33 Code of Federal Regulations (CFR) part 331. The complete appeal process is diagrammed in the enclosed Appendix A. Thank you for participating in our regulatory program. If you have any questions, please contact Stephen Estes at 213-452-3660 or via e-mail at Stephen.M.Estes@usace.army.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web-based customer survey form at: http://pert.gn.usace.gM.mil/survey.html. Sincerely, Corice J. F ar Chief, Orange and Riverside Counties Section South Coast Branch Enclosures PERMITTEE DATE 3 When the structures or work authorized by this permit are still in existence at the tune 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 4 PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on June 13, 2015. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. 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 CFR part 329. 2. No earthwork is authorized by this LOP. 3. Creosote treatedpilings shall not be placed in navigable waters unless all of the following conditions are met: a) The project involves the repair of existing structures that were originally constructed using wood products; b) The creosote treated pilings are wrapped in plastic, 5 c) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rubb 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 silt curtain shall be deployed around the project site throughout the duration of project - related activities: 5. 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 be 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. To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast Guard as described below: Commander, 11th Coast Guard District (dpw) Telephone: 510-437-2980 E-mail: d I 1 LNM@uscg.mil Website: http://www.uscg.mil/dp/Irunrequest.asp U.S. Coast Guard, Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: john.p.hennigan@uscg.mil a) The Permittee shall notify the U.S. Coast. Guard, Commander, l lth Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA -LB (COTP) (contact information shown above) not less than 15 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail with at least the following information, transmitted as an attached. Word or PDF file: i. Project description including the type of operation (i.e. dredging, diving, construction, etc); ii. Location of operation, including Latitude/Longitude (NAD 83); iii. Work start and completion dates and the expected duration of operations. The Coast Guard needs to be notified if these dates change; 6 iv. Vessels involved in the operation (name, size and type); v. VHF -FM radio frequencies monitored by vessels on scene; vi. Point of contact and 24-hour phone number; vii. Potential hazards to navigation; viii. Chart number for the area of operation; and ix. The Corps Regulatory Division recommends the following language be used in the LNM: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made.'" b) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 CFR 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 United States, 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 United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast Guard. d) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP. 8. Within 30 calendar days of completion of the project authorized by this permit, the. Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Permittee shall forward a copy of the survey to the Corps Regulatory Division and to the National Oceanic and Atmospheric Administration for chart updating: Gerald E. Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, California 93955-6711. 9. 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 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. 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 USC 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. 3. Limits of Federal Liability. In issuing this permit, the Federal. Government does not assume any liability for the following: a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d) Design or construction deficiencies associated with the permitted work. e) Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Re-evaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a re-evaluation 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 re-evaluation 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 Regulatory Division will normally give you favorable consideration to a request for an extension of this time limit. 2 . LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMMENCEMENT OF WORK FOR DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2012 -008I8 -SME Name of Permittee: Roger Prend Date of Issuance: December 10, 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 1, 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 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 methods: 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.army.mil 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2012-00818-SME 915 Wilshire Boulevard Los Angeles, California 90017 10 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS NOTIFICATION OF COMPLETION OF WORK AND CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: SPL -2012 -00818 -SME Name of Permittee: Roger Prend Date of Issuance: December 10, 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 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 methods: N. No 1. E-MAIL a statement including all the above information to: Stephen.M.Estes@usace.army.mil 2. FAX this certification, after signing, to: 213-452-4196 3. MAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATIN: CESPL-RG-SPL-2012-00818-SME 915 Wilshire Boulevard Los Angeles, California 90017 1 ° �`�'�� Ct Applicant: Roger Prend File Number: SEL -2012 -00818 -SME Date: 12110/2014 Attached is: See Section below X INITIAL PROFFERED PERMIT Standard Permit or Letter of Permrmission A PROFFERED PERMIT Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTTOl� I The aYIowan "'i enttfies aur n is and o `�ttonsrie 'an admmisfrattye � "' '"p 'k, e a id a elects on Addittonal informatton maybe found at btp.l�www usace arrnv rbiU'cec�pages/reg,naferaals aspx or Corps regulaons s�y ,14 P1 P e y 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 Il 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 pen -nit 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 11 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 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 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. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you,may provide additional information to clarify the location of information that is alreadv in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: Stephen M. Estes U.S. Army Corps of Engineers Regulatory Division, Los. Angeles District 915 Wilshire Boulevard Los Angeles, California 90017 Phone: (213) 452-3660 Fax: (213) 452-4196 Email: stephen.m.estes(i�usace.armv.mil 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, 20528 San Francisco, California 94103-1399 Phone (415) 503-6574 Fax: (415) 503-+6646 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the'project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. I Date: I Telephone number: Signature of appellant or N� j STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 200 Oceangate, I Oth Floor " Lone Beach, California 90802-4416 PH (562) 590-5071 FAX (562) 590-5084 Page 1 Date: September 25, 2014 Permit Application No. 5-12-313 COASTAL DEVELOPMENT PERMIT On lune 13, 2013, the California Coastal Commission granted to this permit subject to the attached Standard and Special conditions, for development consisting of Removal of an existing boat dock system consisting of a 4' x 11' pier approach, 10' x 12' pier platform (120 square feet), 3' x 20' gangway, "U" shaped floating boat dock (501 square feet) and seven (7) 12" square concrete piles (boat dock system consisting of 725 square feet of total water coverage) and installation of a new reconfigured boat clock system consisting of a new 10' x14' pier platform (140 square feet) supported by a 14" diameter "T" pile'', 3' x 24' gangway and 304 square foot single finger floating boat dock supported by two (2) 18" diameter square concrete piles (boat dock system consisting of 516 square feet of total water coverage). mater coverage as a result the project will be decreased from 725 square feet to 516 square feet (a change of -209 square feet). The new boat dock system will comprise of Trex composite material. The new pier platform will be repositioned from its present location 11 -feet bayward of the existing bulkhead to now be adjacent to the bulkhead. More specifically described in the application filed in the Commission offices. 'The development is within the coastal zone at 1108 Nest Bay Ave, Newport Beach (Orange County) Issued on behalf of the California Coastal Commission by CHARLES LE Execl ive DirO Fernle Sy Coastal Pr gra Analyst ' Changed from one (1) to two (2) 14" diameter "T" piles as allowed by Special Condition No. 1(a)(8). 2 Changed from 516 square feet to 532 square feet as allowed by Special Condition No. 1(a)(8). Page 2 Date: September 25, 2014 Permit Application No. 5-12-313 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 of 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 COPS' OF THE PERMIT WITH THE SIGNED ACI'NOWL,EDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(x). Date: Signature COASTAL DEVELOPMENT PERMIT STANDARD CONDITIONS: Page 3 Date: September 25, 2014 Permit Application No.: 5-12-313 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. Revised Project Plans A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two (2) sets of revised project plans. The intent behind the required re -design is to maximize public access along the shoreline by minimizing obstructions to lateral access and to reduce the likelihood of use of the pier platform for non -boating -related purposes. In general, the pier, pier platform, and gangway shall be placed to maximize the difference in elevation between the sand and bottom of the pier and pier platform. In addition, the pier platform and the point at which the gangway descends to the dock float shall be placed as far seaward as possible. Finally the quantity of pilings shall be minimized, and their placement and orientation shall maximize opportunities for lateral public access: The revised project plans shall be in substantial conformance with the plans submitted on November 14, 2012, except they shall be modified as follows: 1) the 10' x 14' pier platform shall be located as far away from the existing bulkhead as is feasible; 2) the configuration of the 10' x 14' pier platform shall be. placed so that there is physical Page 4 Date: September 25, 2014 Permit Application No.: 5-12-313 COASTAL DEVELOPMENT PERMIT separation of at least 4 -feet between the pier platform and landside private rear yard area; 3) the pier shall be revised so that it is similar to the existing boat dock system where there is a pier approach and then the pier platform and the gangway leading to the floating boat dock; 4) revising the proposed project also includes an option for the 10' x 14' pier platform to be removed in its entirety and replaced with a standard -width pier approach; 5) revise the 10' x 14' pier platform so that the clearance underneath the revised pier platform will be a minimum of 6 -feet, similar to the existing pier platform; 6) revise the plan such that the "T" piles are oriented parallel to the bulkhead; 7) orient the pier platform such that the `short' side (i.e. the 10' side of the 10' x 14' platform) is parallel to the bulkhead; 8) revising the proposed project as conditioned may require a minor expansion of the proposed dock float to create a gangway landing and/or piles; therefore any additional pile and/or square footage shall be the minimum amount necessary to satisfy this Special Condition; and 9) any proposed changes to the revised project plans shall not result in extending the boat dock system bayward past the U.S. Pierhead Line; all as generally depicted on Exhibit #6 of the May 23, 2013 Staff Report. The revised plans submitted to the Executive Director shall bear evidence of Approval - in -Concept of the revised design from the City of Newport Beach Harbor Resources Division. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission. amendment to this Coastal Development_ Permit unless the Executive Director determines that no amendment is legally required. 2. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zoestera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active _growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require all dill'CHU VIlL io this permit from Lne 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 Page 5 Date: September 25, 2014 Permit Application No.: 5-12-313 COASTAL DEVELOPMENT PERMIT 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 Game. 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 Taxilfolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this c 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 Taxi folia. 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: 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 & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service_ (562/980-4043), or their successors. D. If Caulerpa Taxilfolia is found within the project or buffer areas, the applicants shall not proceed with the development approved under this Coastal Development Permit until 1) the applicants provide evidence to the Executive Director that all C. Taxilfolia discovered within the project area and all Caulerpa Taxifolia discovered within the buffer area have been eliminated in a manner that complies with all applicable governmental approval Page 6 Date: September 25, 2014 Permit Application No.: 5-12-313 COASTAL DEVELOPMENT PERMIT 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 Caulerpa 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. Construction Responsibilities and Debris Removal The permittee shall comply with the following construction related requirements: A. 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. B. 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. C. 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. .D. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone. E. If turbid conditions are generated during construction a. silt curtain will be utilized to control turbidity. F. 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. G. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. H. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. I. The applicant shall provide adequate disposal facilities for solid waste, including excess tivuc1GtG, p1VUUt)GU UUllllg UG1IlUl1LIUI1 VI GUI15lfUGL1UI1. J. 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 Page 7 Date: September 25, 2014 Permit Application No. 5-12-313 COASTAL DEVELOPMENT PERMIT 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. K. 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. L. 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. M. The discharge of any hazardous materials into any receiving waters shall be prohibited. N. 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 from the receiving waters and storm drain inlets as possible: O. 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. P. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. 5. Best Management Practices (BMPs) Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved boat dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. A. Boat Cleaning and Maintenance Measures: 1. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris; 2. 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; and Page 8 Date: September 25, 2014 Permit Application No.: 5-12-313 COASTAL DEVELOPMENT PERMIT 3. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. B. Solid and Liquid Waste Management Measures: All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or, gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. C. Petroleum Control Management Measures: i. 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 shall 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; 2. 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; and 3. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. 6. 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 subject property including, but not necessarily limited to, the tideland and submerged land beneath the development approved by this Coastal Development Permit. The permittee shall not use this permit as .evidence of a waiver of any public rights that may exist on the property. G:PF,R MITS2012 FC V : n r California Coastal Comtrdssion. South Coast District Office APPRO D 3 C8 Permit _-_- r-------- 18"" square - --- - ----------® --- concrete guide pile E E IVE Date: ®- �? !�--o.®v®®®.® 13 4'x V Gangway 1 14" square concrete: 14:0' "T" pile —10.0' //Bulkhead [4.0- 0.00' Walters, Lisa From: Jacquelyn Chung <Jacquelyn.chung@sbcglobal.net> Sent: Monday, July 15, 2013 8:23 AM To: Walters, Lisa; Walters, Lisa Subject: Prend - 1108 West Bay Avenue Attachments: Prend.PDF Lisa, To meet all the conditions of the CCC Notice of Intent to Issue Permit I am in need of your Approval in Concept for the Prend project. We have added a 4 x 4 pier approach and moved the gangway landing seaward to accommodate the additional length of the approach. After your review please contact me directly with any questions. I would like to return the signed Permit with the all documents requested on their Notice of Intent. I would appreciate your assistance. Thank you, Jacquelyn Jacquelyn Chung Swift Slip Dock and Pier Builders, Inca Permit Coordinator 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3121 office 949.631.3122 fax From: Jacquelyn Chung[mailto:Jacquelyn.chung@sbcglobal.net] Sent: Tuesday, July 02, 2013 1:14 PM To: 'Iwalters@city.newport-beach.ca.us'; 'Walters, Lisa' Subject: Prend - 1108 West Bay Avenue Lisa, This is the updated version of the Prend project. I would appreciate if you could stamp the approval of the project and return to me. Or, if you'd like I can stop by and pick it up. Thank you, Jacquelyn Jacquelyn Chung Swift Slip Dock and Pier Builders, Inc. Permit Coordinator 2027 Placentia Avenue Costa Mesa, California 92627 949.631.3121 office 949.631.3122 fax HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing approach, pier, gangway and "U" shaped floating dock. Remove existing 5 pile. Replace with 2 new "T" pile and 2 new 18" square concrete guide pile. Replace with new 4 X 4 approach, pier, gangway and single finger dock. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to rinai approval. Property Address: 1108 W. Bay Ave. Legal Description: Harbor Permit Number: 116-1108 Plan Check Number: 1933-2012 Applicant: Roger Prend Applicant's Mailing Address: 1108 W. Bay Ave., 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 And find )k 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: XHas been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached). All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given. and are final The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa Walters, Harbor Resou July 17, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 CITY OF NEWPORT BEECH CITY OF NEWPORT BEACH LPPER NWORT BRY 11 - !7`\` \1.,� le 13F OCCRA( rE*W "I OLF01M IOR RESOURCES DT OF NEWPORT BEACH p1momm g, �— f - DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAX EMAIL: Jacquelyn.chunci sbcglobal.net www.swifts[ipdocks.corn 15 November 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to remove existing approach, pier, gangway, and "U" shaped floating dock. Replace with new pier, gangway, and single finger floating dock, Remove existing 5 pile. Replace with new T -pile and 2 18" square concrete guide pile at the address referenced below. 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: Roger Prend 2. Project Address: 1108 West Bay Avenue Newport Beach, California 92663 3. Applicant Phone: 949.631.312.1 4. Parcel Number: 047 261 09 5. Scope of Work: Remove existing approach, pier, gangway, and "U" shaped floating dock. Replace with new pier, gangway, and single finger floating dock. Remove existing 5 pile. Replace with new T- pile and 2 18° square concrete guide pile. 6. Latitude/Longitude: N33.6068080, W-117.9148120 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9, Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIER BUILDERS, INC. Jacquelyn Chung Permit Division DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAx EMAIL:. iacquelyn.chung(@.sbcgBobal.net www.swiftslipdocks.com 4 October 2012 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to Remove a 7 x 5 section at the existing headwalk and remove and re -set 2 existing pile at the address referenced below. 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: Thomas Corkett 2 Project Address: 304 Buena Vista. Boulevard Newport Beach, California 92663 3, Applicant Phone: 949.631.3121 4. Parcel Number: 048 031 02 5. Scop_ e of Work: Remove a 7 x 5 section at the existing headwalk and remove and re -set 2 existing pile. 6. Latitude/Longitude: N33.6049894, W-117.9081950 7. Applicable Fees: Enclosed is a check for the application fee. 8. Statement: This notice is being submitted according to Regional Board General Certification for sheet and dock pile replacement, issued on September 29, 2005. 9. Statement: The information in this notice is complete and accurate. Please contact our office if you should have any questions. Very truly yours, SWIFT SLIP DOCK & PIERBUILDERS, 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 existing approach, pier, gangway and "U" shaped floating dock. Replace with new pier, gangway and single finger floating dock. Remove existing 5 pile. Replace with new T - pile and 2-18" square concrete guide pile. Address number must be stenciled on at least 1 bayward facing pile. Pier conditions must be signed by applicant prior to ranai approval. Prooerty Address: 1108 W. Bav Ave. Legal Description: Harbor Permit Number: 116-1108 Plan Check Number: 1933-20.12 Applicant: Roger Prend Applicant's Mailing Address: 1108 West Bay Ave., Newport Beach CA 92663 Phone Number: 949-631-3121 I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. Page 1 of 2 And find They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including. approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: `X Has been determined to be ministerial or categorically exempt. ❑ Has received a final Exemption Declaration or final Negative Declaration (copy attached). ❑ Has received a Final Environmental Impact Report (copy attached).. All discretionary approvals legally required of Newport Beach prior to issuance of a harbor permit and a building permit have been given and are final. The development is not subject to rejection in principal by Newport Beach unless a substantial change is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes and regulations of Newport Beach. See attached Special Conditions. Lisa vvaiiers, r-iarpor mesources October 25, 2012 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 Prmtl=orm Worksheet for Building Combo Permit Ap EW �,..� RESOUR ° City of Newport Beach -Building Division Jam' r Comm'] i` Residential NnTP PI AN CHFCK FEE DUE AT TIME OF SUBMI�IKII� M h1C1A/DAn. M� ' 1 I r—,Building F" Grading j"Drainage F Elec r— Mech F- Plum Cu Yd Cu Yd I jv Project Address (Not mailing address) F1 100 \Ae� Description of Work Use ��, "v �i� ��G�/ ►� /�� v'""'' # Stories[— # Units (if Res) 1 Valuation Material/Laa bor New/Add SFRemodel SF� Garage/New/Add r� OWNER'S NAME Last First Owner's Address Owner's E-mail Address W;q Jacquelyn.chung@sbcglobal.net City Newport Beach State kali fornia Zip Telephone 949.631.3121 APPLICANT'S NAME Last Swift First Pete Applicant's Address Applicant's E-mail Address 12027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State California Zip 92627 Telephone 949.631.3121 ARCHITECT/DESIGNER'S NAME Last First Lic. No. Architect/Designer's Address Architect/Designer's E-maiPNQ City State 'F Zip F� TeleiAone ENGINEER'S NAME Last Bazley First Tim Lic. No. 50019 Engineer's Address Engineer's E-mail Address 2500 Via Cabrillo Marina Unit 200 Jacquelyn.chung@sbcglobal.net City San Pedro State California Zip 90731 Telephone 949.631.3121 CONTRACTOR'S NAME/COMPANY Swift Slip Dock and Pier Builders Lic. No. 797052 Class AA Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa State California Zip 92627 Telephone 949.631.3121 ENERGY P/C FEE $ FIRE P/1_- FEE $ PERMIT NO. GRADING P/C FEE $ PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH P/C FEE $ PLAN CHECK FEE $ DEVELOPMENT # TOTAL FEES PAID $ I i Y MA ZJEI lOF? i s EMill CH. CITY OF NEWPORT BEACH BRY J'ACrFIc aZ qN VICINITY MRP MfM em, Myaw Easr JETTY SOUNDINGS ARE EXPRESSED IN FEET FIND DENOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. .Nay and GOQ�G e\St�r� �oac�' dock. tib 5 o�e5 �\r�app \oa�r� a2 re�r�eC dee ore e�,s Shapea� ,\ 'P`\ear ra S�n�\e h red \d et'- QRS �- E�ep\ace ccrc�e'P Q\ et e r i \ace\oaa0c �D 7 /xol w; 8AY ..Eel c'a�� mu,in �'� � �:� �:a $""l�►f�l ;. r D i project 3 EelEgrass within 15 - 30° of project el rass ftin project area )D11aIla- Ja3o �urat�rr Date & Time jV A SURES DIVA -4- r= 1 Cy NEWPORT BEACH f �oja5�r� S [APPLICANT'S NRME )<Vf4M JOB ADDRESS ��$ W,y , DATE I��I7�ZDS I vv0 µ� DIVE WORKS (949) 759-07731108 west Bay Ave e " 429-0 Shoreline Village Drive g Newport Beach, CA "Long Beach, CA 90802 Preliminary Survey October 12, 2012 Date of Preliminary Survey: October 12, 2012 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 1108 West Bay Ave., Newport Beach CA No Eelgrass patches were observed in subject area noted above. No Caulerpa Taxifolia was observed in subject area noted above. This is a Preliminary report as required in accordance with the Southern California Eelgrass Mitigation Policy (SCEMP) since eelgrass is widely distributed throughout Southern California Coastal and Harbor Regions. This policy has been set in place to protect marine habitats and sea grass beds that play a role in the life cycle chain for marine life to reproduce. This survey's assist development projects by contractors like you to conduct activities in conjunction with BMP's concerning impact and management for promoting Eelgrass and controlling the spread of Caulerpa. Responsible development by contractors like you helps protect these sensitive marine ecosystems, which in turn, protects our ocean resources. Thank you, If you have any questions please feel free to contact us. Respectfully, DiveWork@gmail.com (949) 759-0773 . PRELIMINARY SURVEY Page 1 of 12 DIVE WORKS (049) 759-0773 1108 West Bay Ave ;�. 429-0 Shoreline Village Drive Newport Beach, cA '55M, : Long Beach, CA 90802 Preliminary Survey October 12, 2012 Roger Prend 1108 West Bay Ave. Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Preliminary Survey Report Prepared October 12, 2012 by Dive Works Robert Wiegand Survey assistance by Sean Donovan PRELIMINARY SURVEY Page 2 of 12 i 0 ' ,re DIVE WORKS 759-0723 1108 West Bay Ave 429-0 Shoreline Village Drive Newport Beach CA y Long Beach, CA 90802 Preliminary Survey October 12, 2012 CONTENTS List of Tables List of Figures Current Situation Survey Method Survey Findings Discussion Caulerpa Survey Form EelgrassSurvey Form PRELIMINARY SURVEY 0 0 5 5 5 A .9 Page 3 of 12 DIVE WORKS 4 759-0773 1108 West Bay Ave 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Preliminary Survey October 12, 2012 List of Tables Tablet. Tides and Currents for Newport Beach, CA October 12, 2012 .................................. .......... ......................... ...........6 List of Figures Figure 1, Location of 1.108 West Bay Ave., Newport Beach ............7 Figure 2. Dive Transects for 1108 West Bay Ave., Newport Beach ................................................................................................ .................. 7 Figure 3. Proposed Changes for 1108.West Bay Ave., Newport Beach .. .... .......... ....................... .....................8 PRELIMINARY SURVEY Page 4 of 12 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Current Situation — Preliminary Survey 1108 West Bay Ave Newport Beach, CA Preliminary Survey October 12, 2012 Customer (Roger Prend) at 1108 West Bay Ave., Newport Beach, Ca is proposing to replace existing "U dock with a proposed "I" dock configuration. Construction has not started; this is a Preliminary Survey Report addressing the requirement to determine impact on existing natural habitat and navigational impact to waters and channel. See Figure 1 Eelgrass was not observed at the survey site. Caulerpa was not observed. Survey Method Survey conducted October 12, 2012 beginning at 1230 hr approximately N Lat 33° 36' 25.59" W Long -1170 54' 52.95". Day was sunny with air temperature 72° F. Water temperature was 70° F. Depth ranged from 0' at sea wall to 9' at end of dock. Visibility was 2' foot. See Table 1 Survey area delineated spanning 35 ft parallel to sea wall and 110 ft out from sea wall to cover all shade and impact areas of the existing dock. Survey conducted with divers spaced 1-3 ft and perpendicular to sea wall. Lane width was approximately 6 ft wide scanning approximately 1 ft on either side, covering the entire area to ensure >75% coverage of bay floor. See Figure 2 Survey Findings Flora: No. Caulerpa. was observed (see attached Caulerpa Survey Reporting Form). N o Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form) see Figure 2. Fauna: Observation included mussels on piles and Skates (Sting Rays). Remainder of survey area was sand and dirt (sediment). Visibility was 2' ft. The water depth ranged from 0' at sea wall to 9' at end of dock. See Figure 2 Discussion Eelgrass (Zostera marina) was not observed, see Figure 2 and attached Eelgrass Survey Reporting Form. This Preliminary Survey observation findings show impact to habitat to be minimal. New dock would be floated in creating a temporary shading of area noted on Figure 2. Figure 3 is proposing to replace "U"shaped dock with a new "I" shaped dock/gangway/pier and platform. Impact to navigational waters in.the opinion of this writer would be minimal and actually reduced based on proposed new "I" dock construction, see Figure 3. The navigational impact would not be significant to prevent or hinder passage of other boats around or past this dock. It is recommended to conduct a Post Construction survey to determine impact to habitat and navigational waters uponapproval and completion of this proposed project. PRELIMINARY SURVEY Page 5 of 12 O DIVE WORKS (949) 759-0773 1108 West Bay Ave i - 429-0 Shoreline Village Drive Newport Beach, CA Long Beach, CA 90802 Preliminary Survey October 12, 2012 Determining the need for two annual surveys in accordance with SCEMP guidelines monitoring the impact of this project can be determined at time of Post Construction Survey. Best Management Practices (BMP) are stressed with this proposed project in order to promote continued healthy life cycles of marine habitats in our oceans and.maintaining clearing navigational channels for boaters. Table 1: Tides and Currents for Newport Beach, CA October 12, 2012. NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA tationId; 9410580 DzilyTite Prediction in Feeg Back toStatOya 7ime Zcne, LSTILDT Usti Datum MLLuY d6�i3/1Gj°13 - �tl'1�/5f%,�13 aookma k iii@ 6.88 n S J s 5,88 4 y a 4.89 1.89 d 8 88 10/12 Fri Gi.23,'.411 0,38 Lr 1G r2 Fri Gas 3'K"a 5"i3 H + G 12 Fri' 01 i 9 RA M! L- 10=i2 Fri 07A7 PPA 5,06 F < 0": 3 Sac 01'5? ANi 0,53 L :3 Sal 08 10 aAM .5;3x1 'r''= is .0 Sat f 2,g ts" fi3 L, y C.�y._'I: Sat 173,;.;2 P'M .. 5,1.2 '1+ ..,. 18/12 16/12 19112 18112 18113 16/13 19/13 18!13 18/14 .12an 6an 12pn 6pn 12an San 12pn 6pn 12an `Date/Tine (LST/LDT) PRELIMINARY SURVEY Page 6 of 12 9 DIVE WORKS 429-0 Shorelime Village Drive Long Beach, CA 90802 Preliminary Survey October 12, 2012 P k' 'Tr a t -i se -c -t + Lat,/Lon,g Dep'th 51-1 rl'r�ay ,A F I--- R PRELIMINARY SURVEY Page 7 of 12 O DIVE WORKS C� -0773 429-0 Shoreline Village Drive r Long Beach, CA 90802 r sa ' 1108 West Bay Ave Newport Beach, CA Preliminary Survey October 12, 2012 Figure 3. Proposed Dock for 1105 West Bay Ave., Newport beach PRELIMINARY SURVEY Page 8o f 12 s� DIVE WORKS (949) 759-077 1108 West. Bay Ave 429-0 Shoreline Village Drive g Newport Beach, CA iy�� NP �, Long Beach, CA 90802 Preliminary Survey October 12, 2012 Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the. Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1108 West Bay Ave. . Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit. Reference: (ACOS Permit No., CCC Permit No.) Hydrographic System: Newport Harbour (bay, estuary; lagoon, or harbor) Specific Location: N Lat 33° 36' 25.59" (UTM, Lat./Long.,.datum, accuracy level, attach W Long -1170 54' 52.95" electronic survey area map if possible) Was Caulerpa Detected: No Description of Permitted Work: (describe briefly the work to be conducted at the site under the permits identified above) Replace existing "U" dock with "I" shape dock PRELIMINARY SURVEY Page 9 of 12 1108 West Bay Ave Newport Beach, CA Preliminary Survey October 12, 2012 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' - 9' Bottom is sediment, Sand and Dirt. physical and biological conditions DIVE WORKS (949) 759-0773 IX °` 429-0 Shoreline Village Drive 's v a Long Beach, CA 90802 1108 West Bay Ave Newport Beach, CA Preliminary Survey October 12, 2012 Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0' - 9' Bottom is sediment, Sand and Dirt. physical and biological conditions within the survey area at the time of the survey and provide insight into variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 720 Air 700 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exotic species encountered - None Coulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE : October 12, 2012 surveyed. (SCUBA, remote video, etc.) and survey methods employed, date of TIME :1230 PM work, and survey density (estimated percentage cf the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 2' Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other information: (use this space to provide any additional information or references to attached materials such as maps; reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 10 of 12 DIVE WORKS (949) 759-0773 ~ rrti a Drive 1108 West Bay Ave 429-0 Shoreline Villa g Newport Beach, CA Long Beach, CA, 90802 Preliminary Survey October 12, 2012 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. Itis incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols„ contact: Robert Hoffman, National Marine Fisheries Service, 562-980- 4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on . March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 1108 West Bay Ave. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork Gmail.com Permit Reference: (ACOE Permit No,, CCC Permit No.) Newport Harbour Hydrographic System: (bay, estuary, :lagoon, or harbor) Specific Location: N Lat 330 36' 25.59" (UTM, Lat./Long., datum, accuracy level, attach electronic W Lon -1170 54' 52.95" g survey area map if possible) Was Eelgrass Detected: No Description of Permitted Work: (describe briefly the work to be conducted at the site under the Replace existing"U" dock with "I" shape dock permits identified above) PRELIMINARY SURVEY Page 11 of 12 ' DIVE WORKS (949)759-0773 ¢ 1108 West Bay Ave 429-0 Shoreline Village Drive Newport Beach, GA Sv Long Beach, CA 90802 Preliminary Survey October 12, 2012 Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'- 9' Bottom is sediment and sand physical and biological conditions within the survey area at the time of the survey and provide insight into . variability, if known. Please provide units for all numerical information). Substrate type: Sediment, sand Temperature: 720 Air 700 Water Salinity: Dominant flora: Dominant fauna: Mussels, Skates Exotic species encountered none .Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: October 12, 2012 surveyed. (SCUBA, remote video, etc.) and TIME : 1230 PM survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibilityin water: 2' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Eelgrass Survey Reporting Form (April 2009) PRELIMINARY SURVEY Page 12 of 12 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 25, 2012 Property Address: 1108 W. Bay Ave. With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 10'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 19'. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 ) Ito- li 0v •aY� ��' t'r�ki N HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92680 (949) 644-3034 / Fax (949) 723-0589 Special Conditions October 25, 2012 Property Address: 1108 W. Bay Ave. With reference to the pians currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code.. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes, 2. Any -future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to. be cosmetic in nature does not require a permit. , 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m, and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam. 10. The maximum beam of a vessel that is permitted to side -tie to the westernmost side of the float is 10'. 11. The maximum beam of a vessel that is permitted to side -tie to the easternmost side of the float is 19'. Lisa Walters Harbor Resources Date Print Name �� Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 ** Date of Application ** Property Address: ** Buyer's Names Billing Address: Telephone No.: HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 October 9, 2013. 1108 West Bav .A Permit Number: Beach, CA 92661 lIL-,E� The David Clifford Feltch Trust, The Chris A. and Debra Pennington Family Trust q / 730 ** Buyer's Signatures:�� ** Seller's Names: The Prend Family Trust UDT dated January 3, 1991 ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 45897 -MN ** Fax Number: 949-721-8157 Escrow Officer: Michelle Newman Phone Number: 949-640-6040 Closing Date (Estimated): November .18, 20.13 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Ic �� Reinspection Date: Fee Paid: 1b7b Check No 15-7 Application Completed: Resources Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code a HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: October 9, 2013 Permit Number: ** Property Address: 1108 West Bay Avenue, Newport :Beach, CA 92661 ** Buyer's Names: The David Clifford Feltch. Trust, The Chris A. and Debra Pennington Family Trust Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names ** Seller's Signatures: Joint Owner Signature: The :Prend Family Trust UDT dated January 3, 1991 ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 45897 -MN ** Fax Number: 949-721-8157 Escrow Officer: Michelle Newman Phone Number: 949-640-6040 Closing Date (Estimated): November 18, 2013 **STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date:$t 0 L,4 C5 Reinspection Date: Fee Paid: ` X1B . Check No.: Application Completed: Harbor Resources Sianature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code M ** Date of Application ** Property Address: ** Buyer's Names Billing Address: Telephone No.: ** Buyer's Signatures: ** Seller's Names: ** Seller's Signatures: Joint Owner Signature: }" 1 ,01 A nP 't % HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 October 9. 2013 Permit Number: 1108 West Bay Avenue, Newport :Beach, CA 92661 The David Clifford :Feltch. Trust, The Chris A. and Debra Pennington Family Trust The :Prend Familv Trust U1,ZT dated ** Escrow Company: Mariners Escrow Corporation iry 3, 1991 ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 45897 -MN ** Fax Number: 949-721-8157 Escrow Officer: Michelle Newman Phone Number: 949-640-6040 Closing Date (Estimated): November 18, 2013 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. . . . . . . . . . . . . . . . . . . . . . — — — — — — — — — — — — — — — — — — — — Inspection Date: Reinspection Date: Fee Paid: Application Completed: Check No.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code z O �c Oa as OC 3:s O,( Ua C/)t W c c s W� z Q O O C6 ti N W CL OL Q H E N IL `o no r N E E ,� N O O N ui N O C co m N (CE U N a It O Q 3 a) z aS c m Q cro CO N M O fin Q �U Op U N O Co LL r m N O N C t0 N N U Q Mn O IL 'O C (0 � r O O O O r C M C N � a c Q cu N O NU L C cu m o a cu m m co > N co U L O i N a) p Q U- m -a c � m� E O 0 QN cm cu U- U c a) m - m Z C >d O 2 °n I m UccooZ H �0 N >, >+ a m m O O C6 ti N W CL OL Q H E N IL `o no r N E E ,� N O O N ui N O C co m N (CE U N a CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 10/28/13 �\ ' Mariners Escrow Fax# 949.721.8157 Re: 1108 West Bay Ave. Escrow#45897-MN Dear Mariners Escrow, The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by 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, iota k/4&A8 Lisa Walters Date: Inspection Requested By Inspector: Pier Address: 0 INSPECTION FORM Harbor Resources Department Q C) 1 lv l3 Pier Transfer GFI Present Anti -Siphon / Backflow Present Other Comments Reinspection Yes Need None Needed Yes Need Eelgrass Date Time r] Eelgrass Within 15' of Project ❑ Eelgrass Within 15'- 30' of Project F] No. Eelgrass in Project Area Pump Out Pier Location Yes No Operational I —I ___ I Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Dear West Coast Escrow, The Harbor Resources division has received the completed, signed application and fee for the pier permit transfer. The pier inspection performed by our office has determined that it meets City standards. The billing of the pier permit fee will transfer when the buyer transfers the Municipal Services (water) in to their name. Thank you for your help. For further assistance in this matter, please contact this office at 949.644.3044. Sincerely, Lisa Walters Harbor Resources HARBOR PERMIT TRANSFER APPLICATION 829 Harbor island Drive Newport Beach, CA 92.660 949-644-3044 Permit Number: no–nu Date of Applicaton: S, g� **Property Address: /114�1�1) RUV7 'Buyer's. Names: Billing Address aC Telephone No.: Sandra W Trend 2012-05-05 Buyer's Signatures: Trustee Z ffi- U-05 — Roger U Trend 01' **Seller's Names:F. J/ Seller's Signatures* wo Joint Owner Signature: Joint **Escrow Company: Phone **Address .711,111 101- :7"i— � **EscrowNumber: **Fax Closing Date (Estimate): 4 *STARRED ITEMS-MUS7 BE COMPLETE TO -BEGIN THE PROCESS. Inspection Date: 6(obill-, Reinspection Date: Fee Paid: -Check No: Application Complete: -04 Harbor Meso es SignaturelDate Special Cor ditions: This permit is revocable by the City Council in accordance with Title 17 of the Nevti?port Beach Municipal Code. f NIQ r 10N F0,, R M € arbor Resources Department Date: Inspection lequested By: Inspector: Pier Address: Pier Transfer '� GF( Present Anti -Siphon / Backflow Present Other Comments Eelgrass Date Time ❑ Eelgrass Within 15' of Project F] Eelgrass Within 15' - 30' of Project No Eelgrass in Project Area Pump Out Pier Location Yes No Operational Recommended Action E.ncroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Map Output Page 1 of 1 http: //www6. clty.newport-beach. ca.us/servlet/com. esri. esrimap. Esrimap? S erviceName=n... 05/18/2012 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO November 7, 1994 ATTENTION OF: Office of the Chief Regulatory Branch City of Newport Beach Attn: Mr. Tony Melum Tidelands Administrator P.O. Box 1768 Newport Beach, California 92658-8915 SUBJECT: NOTICE TO PROCEED (No. 95 -034 -BH) Dear Mr. Melum: Reference is made to your letter dated September 12,, 1994 in which you submitted on behalf of Mr. GeorgeCoffinat 1108 W. Bay Avenue, a notification for the maintenance dredging of 110 cubic yards of sand and silt material by hydraulic suction and disposal of the dredged material at an adjacent beach replenishment area. Based on the furnished information, we have determined that the proposed maintenance dredging activity complies with the terms and conditions of Permit No. 89 -211 -GS provided that Mr. Coffin's contractor does not exceed the maximum dredging design depth of -5 feet MLLW with a maximum allowable overdepth of -1 foot. Please note that the drawing enclosed with the notice indicated that the proposed dredge depth is -6 feet MLLW. Dredging to this depth is not authorized under the terms and conditions of Permit No. 89 -211 -GS. As noted above, dredging to a design depth of -5 feet MLLW is authorized. The maximum overdepth of -1 foot is to allow for situations that may be difficult to control on the part of the City or the property owner's contractor. Dredging to a design depth of greater than -5 feet MLLW would be a violation of the terms and conditions of Permit No. 89 -211 -GS If you have any questions, please contact Bruce Henderson at (213) 894-0351. Sincerely, John A. Gill Chief, Regulatory. Branch 1-//Q9 DREDGING APPLICATION Project Location: 1108 W. Bay Ave Cabic 'dards to be Dredged: 110 }Set:1Cd Of Dredging r�rAt�7 r• C»r}i nn Nature of Dredged Material: Disposition Of Dredged Material: �{ r_o1 1 r,o !'�+or+Q*+y�+ *n :�ose•l� ,.aC1 gr,a+10� "a method method of Material Disposition: p,4"o14ne transport T-_,-bidity Control Method:to Of dradging on contiguous b ul heading and beach.es Lein.force/rrotect bulkhead -restore card to deal, -ted beads Mark Sites hereby stat, that T_ ha -/e read :.he U. S. (print name) Cors of :::,gineers permit ;or maintenance d redgi: i "ecapert - _ r C_t,, of Newmort Beach and Orange County i'ia:bers, Beaches '^A Parks D43z__C� (if applicable) perm=for Maintenance dredging and that _ accep_ provisions therein. Additionally I guarantee that the proposed c?re•'_g:. c «:11 not occur because of any alterir:g of exist-ing Tose of the affected zone. George Coffin Apo scant -type name)Contractor-type 8/29/94 (Date) Signed: Contractor'-' Representative 1 /10 61 1 -wc- S.5 CITY OF NEWPORT BEACH HARBOR PERMIT PERMISSION IS HERESY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE 14EREOF, AT THE SITE INDICATED, SUBJECT TO THE PRO MM OF THE Komm PERWY PouaEs OF NEWPORT BEACH AND ANY SPECIAL COMMONS LISTED HEREON. IM PERMFT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE ary k"m coomxww OR arf COUNCIL. THE FMWS ONO UNOER THIS PERMIT ARE PERIMME ONLY AND THIS Kraff WW IE AEVOKED BY THE CITY COUNCIL IN AOCONMM�p 17 OF 70, 2� Cny HAABOR COORDINATOR 116 //Off_„ /S - PERMIT NO. DATE j 7 V Lli TO, s, CIIT Y OF NEWPORT BE i COUNCILMEN \�0 ani i cAi 1 �� \ December 12. 1977 MINUTES itinFY (b) Claim of Marian J. Elliott for damage to Elliott her automobile allegedly caused when it was (2827) struck by a Newport Beach City vehicle on November 28, 1977 near the Newport Crest Townhouses in Newport Beach. (c) Claim of Maxine Sinclair Williams for Williams damage to her 1971 Mercedes Benz, allegedly (2828) caused when it was struck from behind by a Newport Beach Police vehicle on October 15, 1977 at the intersection of Jamboree Boule- vard and Pacific Coast Highway. (d) Claim of David Alan Jones alleging personal Jones injury, illegal and unlawful arrest in (2829) connection with his arrest on September 1, 1977 by the Newport Beach Police who allegedly charged him with receiving stolen property. 5. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) " (a) One Public Works Inspector position in the Public Works Department to fill a position to be vacant. (b) One Laborer position in the General Services Department to fill a position now vacant. 6. The following staff report was received and order filed: (a) A report from the Community Development HUD Department advising Council of public (2082) hearings set for December 19, 1977 and January 9, 1978 regarding the 4th year HUD Block Grant Program. (Attached) 7. The work on the Paseo System Improvements for Tract 7511, Tracts No. 7511, 7844 and 7386 constructed along 7844& 7386. the northerly side of San Joaquin Hills Road from Marguerite Avenue to Spyglass Hill Road was accepted; and the City Clerk was authorized to release the Faithful Performance Bond (CA -71082-54 issued by Commercial Union Insurance Company) and to release the Labor and Materials Bond (CA - (CA -71082-54 issued by Commercial Union Insurance Company) in six months provided no claims have been filed. (A report from the Public Works Department) 8. Removed from the Consent Calendar. 9. Maintenance Dredging Harbor Permit Application Harbor4y��° -.J -1108 0, eorge Coffin, 1108 W. Bay Avenue ""-for "` subject Permit :I n.te ance dredging was approved, (304F) to the conditions of approval under the general permit issued by the Corps of Engineers. (A'' report from the Marine Department) Volume 31 - Page 317 COUNCILME q A �At t- iY OF NEWPORT BLr4CH N MINUTES December 12, 1977 IN fnF x 10. The following budget amendment was approved: BA -40, $6,000.00 increase in Budget Appropriations and decrease in Unappropriated Surplus for repair and refurbishing of Corona del Mar Conces- sion facilities, from Unappropriated Surplus to Parks, Beaches and Recreation Administrative, Services -Professional, Technical, etc., Park and Recreation. Fund. (A report from the City Attorney) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the City Arts City Arts Commission regarding a contract between Coastline Festival Community College and the City in connection (1115) with the 1978 Arts Festival. Jerry Bolint, Administrative Assistant to the City Manager, gave a brief staff report. Motion x Resolution No. 9246, authorizing the Mayor and R-9246 Ayes x x x x x x City Clerk to execute an agreement between the Noes x City and Coast Community College District in connection with the 1978 Newport Beach City. Arts Festival, was adopted. 2. Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest in connection with this item of business. A report was presented from the Marine Department Harbor regarding Harbor Permit Application X6129-2601 by Permit Minney Family Trust to construct a concrete (304F) bulkhead and replace Tan existing float at 2-6011W'. Coast Highway. Motion x Harbor Permit Application X6129-2601 was approved. Ayes x x x x x x Abstain x Mayor Pro Tem Barrett resumed his seat at the Council table. ADDITIONAL BUSINESS: 1. A report was presented from the Marine Departme Harbor to the City Manager requesting approval bar 'tthre ,,,, Permit Council of Harbor Permit ApplicatidU# 09-1709 w� (304F) / of Harvey Somers for emergency dredging°°"'BWY a d ~" of his residence at 1709 East Bay Avenue. Motion x The request for dredging was approved. Ayes x x x x x x Abstain x Motion x 2. A public hearing was set for January 9, 1978 in Riverside Ayes x x x x connection with the parking problem at the Parking Noes x x Riverside Post Office. (440F) Abstain x The meeting was adjourned at 10:40 p.m. to 7:30 p.m. on December 19, 1977. Volume 31 - Page 318 MARINE DEPARTMENT December 12, 1977 ITEM NO.: H-11 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION NUMBER 116-1108 FOR MAINTENANCE DREDGING AND BEACH RESTORATION Recommendation If desired, approve the maintenance dredging application. Discussion The application requires City Council approval under the conditions of approval placed on the City of Newport Beach general permit for maintenance dredging issued by the U. S. Army Corps of. Engineers, on February 12, 1974, and sub- sequently amended on May 10, 1977 to allow beach restoration. The location and applicant for the proposed dredging and beach restoration are. 116-1108 George Coffin, 1108 West Bay Ave The staff has reviewed the project and has determined that the work will be done within the parameters of the Corps of Engineers permit. The dredging contractor will place a filter screen around the discharge site to control turbidity. There is no knowl eel grass in the vicinity of the projects. The projects will aide in the restoration of a beach bayward of a private residence. D. HARSHBARGER, DIRECTOR MARINE DEPARTMENT Glen E. Welden Tidelands Administrator GEW:ll PERMIT NO. DREDGING APPLICATION Project Location: 1108 W. Bay Avenue Cubic Yards to be Dredged: 200 Method of Dredging: Maydix Hydraulic Suction Nature of Dredged Material: Sand/Silt Disposition of Dredged Material: Place material on adjacent beach Method of Material Disposition: Pump through discharge wipe to disposal fill area. Turbidity Control Method: Filter screen around discharge site. Effect of dredging on contiguous bulkheading and beaches Will restore depleted beach and reinforce bulkhead. I, Wm. L. Harris , hereby state that I have read the U. S. Army (print name) Corps of Engineers permit for maintenance dredging in Newport Harbor, the City of Newport Beach and Orange County Harbors,Beaches and Parks District (if applicable) permit for maintenance dredging and that I accept all the provisions therein. Additionally I guarantee that the proposed dredging will not occur because of any altering of existing use of the affected zone. Ggprge H Coffin III (Applicant -type name 10/24/77 (Date) Shellmaker, Inc. (Contractor -type name) Signed: o tractor's Representative c. 7 �q p� �� f ,/r •� a i i "errs r / EEE w a �` r,tt 2 OA ,_,,h�� 4/^'',% ,� II M.L,I,W, ➢S�IIa' �`'' �^'--- sr.gc O 1p 1 vci .A •or . '• ll.,��r ji � : I `Jjj� oP e I @ S/ 9' � -c' 4 ICw `IJITY Skil.. 1 CHI ` NawPo Rr F>Ay CAL IFO"Nl.4 30 g_ SDur5dir5q� Grr,v 3 dar�is,s below Neva Laver Low Worrr. ^✓1ax�• •✓•ra '1 � ronQe aF d'r'de Q p'rUx/rno5�.v/� /O acs% �iarGcr �iiJCS Ori cs5oh//'shcd i.� �h.s :,ecr�•on o%r✓co✓tnar� u`o/% � t ; Ih or E it r 1 I t � � L o I �fi I ✓ f r L� 1 C-�' �'� � t � t I 3 16 Wezr Hca/ !' ve-0 t '' �+ .� .�� ,�'' "r 5� �°, f i 11,,E i,�✓ ��ti. �f ,/� Y V) en o,y7RACerOA �D i'� UF CITY OF NEWPORT BtAtO. lCONSTROCTION PER1T3-1 TDATr - ------------------------ 1-1-1 ------ PERMISsIoN jS ,E7 C U47%V SEE NICHED SHEET MAiNTAJN To AT TM�zr THE A IN Y F Is NOT T'- AkibD yg3Z pj��,,r onn JN jj7 xj 17: , ., ji mnn.4, 2 9VWML CONDITWMM A OR TOR cems of Englaneft ponma J", HERMIT_ —7 7 7 ®ATE A ATE orangQ COuntY Penilk "w :CITY OF NEWPORT REACH Y ` HARBOR PERMIT, PERMISSION IS HERESY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF, AT THE SITE INDICATED, SUBJECT TO THE PROV.SIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH APF:: ANY SPECIAL CONDITIONS L'lSTED FEREON. THIS PEKM IS NOT TRANSFERABLE H'dr`TI OUT -HE VIFUTTEN CONSENT L: THE CITY HARBOR C$1'0;lD!.NlA QR 0:4 CITU t;Ob, NCilL. TI - RIGHTS GIVEN UNDER THIS PE€iMIT ARE P£RM.ISSIVE ONLY AND THIS PERMIT MAY BE REVOKED BY THE CITY COUNCil, IN ACCORDANCE WITH TITLE 17 OF THE 11IUNICIPA CODE. acues CITY HARBOR C RDINA OR PERMIT ! DATE 1 9 '7 ZIA 1°h 1