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HomeMy WebLinkAbout132-0439 & 0443HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3044/fx 949 723-0589 **Date of Applicaton: $/11/ n�14 Permit Number: **Property Address: 44,1 Harhnr Taland bri vP Newport Beach, CA 92660 **Buyer's Names: William lay Hen ricksren & Patricia Hendricksen Buyer's Signatures: Billing Address: V- _ 3s,_W4 bk- Telephone No.: V **Seller's Names: Russell Fluter Seller's Signatures: ° Joint Owner Signature: j/o'�d C� ` **Escrow Company: Armstrong Escrow Corp. Phone# 951-682-1135 **Andress 6845 Brockton Avenue. Riverside, CA 92506 **Escrow Number: 8749 **Fax #: 951-680-9335 Closing Date (Estimate): 8/22/2014 Email: debbie@armstronAescrow.com * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. Inspection Date: Reinspection Date: Fee Paid: Check No: Application Complete: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive 'Newport Beach, CA 92660 949-644.3oWfz 949-723-0589 **Date of Appllcaton:;..A144, 4__Permit Number:... **Property Address: 441 Aarhnr Tolwnd Drive Newport Beach, CA 92660 **Buyer's Names:; William: Jay. Hendrickson & Patricia.. Hendr cksen Buyer's Signatures:... Billing Address: Telephone No.: **Seller's Names: apan Fluter ®Iler"s Signatures: 10 Joint Owner Signature:/ �.) **Escrow Company: Armstrong Escrow Corp. Phone# 951-w-1135 **Address 6845 Brockton Ave Lei Riverside, CA_ 92506 **Escrow Number: 8740 **FaX #%951-680-94 5 Closing Date (Estimate): 8/22/2014 Email: debbie@armstrongescrow.:com. * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. �rri.�r�rrrrrrrrrrrirr.�rrrrrririrrrr..rYrs rrirrrr�rs.�...r.�r� Inspection Date:.. Reinspection Date: Fee Paid: _ Check No:.. Application Complete: Harbor Resources SignaturaiDate Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. -1411 ?fem ESCROW CORP. ARMSTRONG ESCROW CORP. 6845 Brockton Avenue Riverside, CA 92506 (951) 682-1135 • FAX (951) 680-9335 City of Newport Beach Harbor Resources Division Attn: Lisa Walters 829 Harbor Island Drive Newport Beach, CA 92660 RE: 443 Harbor Island Drive, Newport Beach, CA APN: 050-471-75 Enclosed herewith is signed application for transfer from all parties. Should you have any questions, please contact the undersigned. Thank you, Debbie Corbelli Escrow Officer Date: 08/21/2014 Escrow No.: 8749-DC Escrow Officer: Debbie Corbelli Property Address: 443 Harbor Island Drive Newport Beach, CA 92660 8/14/14 Armstrong Escrow Corp. Fax# 951.680.9335 Re: 443 Harbor Island Dr. Escrow#8749 Dear Armstrong Escrow Corp., CITY OF NEWPORT BEACH Public Works Department Harbor Resources Division �D The City of Newport Beach has inspected the above pier and found it to meet City standards. Once we receive the application signed by the buyer, seller and 'o� int permittees the pier will be transferred. Thanks for your help and if you require further assistance in this matter please call 949.644.3044. Sincerely, Lisa ABM Lisa Walters 829 Harbor Island Drive, Newport Beach, CA 92660 www.newportbeachca.gov (949) 644-3034 INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector. S C-- Pier Address: Pier Transfer GFl Present Anti -Siphon / Backflow Present Other Comments Eelgrass Reinspection Yes Need None Needed Yes Need Date Time Q Eelgrass Within 15' of Project Q Eelgrass Within 15' - 30' of Project No. Eelgrass in Project Area J Pump Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request a REPLY TO ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90017 Russ Fluter 443 Harbor Island Drive Newport Beach, California 92660 Dear Mr. Fluter: January 31, 2014 Reference is made to your request (Corps File No. SPL-2013 -0043 1 -SME), dated June 14, 2013, for a Department of the Army (DA) authorization to construct the 443 Harbor Island Drive 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: 1. Remove an existing 402-square-foot floating dock (Figure 3); 2. Remove an existing 14-inch concrete pile (Figure 3); 3. Install anew 396-square foot floating dock (Figure 4); and 4. Install the existing 14-inch concrete pile at a new location (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 of the signed copies of this LOP must be returned to the Corps of Engineers. 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.Estesgusace.arm�.n-iil. K Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: htti):HcoEpsmapu.usace.army.mil/cm apex/f?p=re ulatory survey. Enclosures PERMITTEE Sincerely, Corice J. F ar Chief, Orange and Riverside Counties Section South Coast Branch DATE j,. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit andthe liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE 132 DOCK & PIER BUILDERS, INC. 2027 PLACENTIA AVENUE COSTA MESA, CA 92627 (949) 631-3121 PHONE (949) 631-3122 FAx EMAIL: net www.swiftslipdocks.com 24 April 2013 Marc Brown California Regional Water Quality Control Board 3737 Main Street Suite 500 Riverside, CA 92501 Re: Boat Floating Dock Replacement Dear Mr. Brown: We are acting as agents for the applicant listed below. This is notification that we intend to Remove existing 402 sq. ft. floating dock. Replace with new 396 sq. ft. floating dock. Remove and relocate 1 existing pipe pile. Reuse 1 existing pipe pile in same location. Reuse existing gangway and pier. 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: Russ Fluter - 2. Project Address: 443 Harbor Island Drive Newport Beach, California 92663 3. Applicant Phone: 949.631.3121 4. Parcel Number: 050 471 75 5. Scope of Work: Remove existing 402 sq. ft. floating dock. Replace with new 396 sq. ft. floating dock. Remove and relocate 1 existing pipe pile. Reuse 1 existing pipe pile in same location. Reuse existing gangway and pier. 6. Latitude/Longitude: N33.364802, W-117.540121 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 1 l-32 -q-B c� STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR. GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 a Long Beach, CA 90802-4302 (562)590-5071 Date: November 21, 2013 Permit No. 5-13-0406 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on October 25, 2013 and was reported to the Commission on November 15, 2013 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. CHARLES LESTER Executive Director STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 Application No. Applicant: Agents: Project Description Project Location: Staff Femie Sy — LB Date: October 24, 2013 ADMINISTRATIVE PERMIT 5-13-0406 Russ Fluter Swift Slip Dock & Pier Builders, Inc. Remove an existing 402 square foot triangle shaped floating dock and replace it with a new 396 square foot rectangular shaped floating dock. Additionally, one (1) existing 12" round pile will be removed. and relocated and one (1) existing _ 12" round pile will remain in the same location. No changes to the existing pier and gangway will. occur and will be reused in place. The new dock will comprise of Trex composite material: 443 Harbor Island Drive, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Friday, November 15, 2013 8 am City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 IMPORTANT - Before you may proceed with development the following must occur Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have 5-13-0406 (Fluter) Administrative Permit received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Fernie Sy Title: Coastal Program Anal STANDARD CONDITIONS: This permit is granted subject to the following standard conditions: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Interpretation. Any questions of intent or interpretation of any term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages six thru nine. 2 5-13-0406 (Fluter) Administrative Permit EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION AND PREVIOUS COMMISSION ACTION ON SUBJECT SITE Project Description The subject site is located at 443 Harbor Island Drive in the City of Newport Beach, Orange County (Exhibit 41). Single-family residences and associated private boat dock systems characterize the subject site and the surrounding area. The proposed project involves the following: remove an existing 402 square foot triangle shaped floating dock and replace it with a new 396 square foot rectangular shaped floating dock. Additionally, one (1) existing 12" round pile will be removed and relocated and one (1) existing 12" round pile will remain in the same location. No changes to the existing pier and gangway will occur and will be reused in place. The new dock will be constructed of Trex composite material (Exhibit #2). Water coverage by the float will be reduced from 402 square feet to 396 square feet (a reduction of 6 square feet) as a result of this project. The existing dock meets the City of Newport Beach Harbor Permit Policy in that it does not currently extend past the U.S. Pierhead Line and the proposed dock will also not extend past the U.S. Pierhead Line. Public access to the harbor exists at the nearby Balboa Yacht Basin and public beaches available in Beacon Bay. Based on the information available to the Commission at this time, it appears that the property on which the proposed dock is to be built is not subject to the public trust because the mean high tide line (MHTL) was adjudicated in this area in case no. 20436 in Orange County Superior Court in 1926 (Orange County v. The Irvine Company). The court identified the MHTL in this area as well westward of the subject property. Further, the subject property is part of a subdivision tract that dredged a channel eastward, then southward, from the MHTL established in case no. 20436. This dredging changed portions of the property from upland swamp and overflow property to property subject to tidal flow. Thus, the channel is now navigational and is subject to the navigational easement pursuant to Public Resources Code section 7552.5, which, in general, precludes the owner from interfering with the public's right to navigate the channel. Since the proposed dock will be landward of the designated pierhead line in the channel, the proposed dock is not expected to interfere with the public's ability to navigate the channel because pierhead lines are established to 5-13-0406 (Fluter) Administrative Permit ensure that docks and piers do not interfere with navigation. Therefore, the proposed development will not interfere with the existing navigational easement over the channel. A special condition is imposed stating that the approval of a coastal development permit for the project does not waive any public rights,or interest that exist or may exist on the property: The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and Caulerpa taxifolia and neither was discovered within the project area. The eelgrass survey took place on May 3, 2013 as required by the. City of Newport Beach Harbor Resources Division and eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60-days with the exception of surveys completed in. August - October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). The project is agendized for the November 2013 Coastal Commission Hearing so the eelgrass survey no longer continuer to be valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. A pre -construction Caulerpa taxifolia survey was completed on May 3, 2012 as required by the City of Newport Beach Harbor Resources Division. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the November 2013 Coastal Commission Hearing and by this time the Caulerpa taxifolia survey would not continue to be valid since 90-days have passed since the survey was completed. Thus, an up-to- date Caulerpa taxifolia survey must be conducted prior to commencement of the project. ; Therefore, the Commission imposes Special Conditions No. 2 and No: 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project. site, Special Conditions No. 3'also identifies the procedures necessary to be completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not.adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. Previous Commission Action on Subject Site On April 10, 2013, the Commission approved De-Minimus Waiver No. 5-12-337 for demolition of an existing partially constructed single-family dwelling and construction of anew two-story 5,847 square foot single-family residence with an attached 669 square foot two -car garage and an attached 371 square foot one -car garage. The maximum height of the structure would be 29-feet above finished grade. Grading would consist of 110 cubic yards of export to a location outside of the Coastal Zone. Drainage from the roof and surface water would be directed to permeable areas before entering the main storm drain system. No work on the existing bulkhead or dock was proposed. Local Government Approvals Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan 4 5-13-0406 (Fluter) Administrative Permit and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Furthermore, the project is located seaward of the mean high tide line, where the Commission retains jurisdiction, even after certification of an LCP. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is. Chapter 3 of the .Coastal Act. The certified Land Use Plan may be used for guidance. B. MARINE RESOURCES The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely.for recreational boating,p�rposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts. to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. LOCAL COASTAL PROGRAM The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5 5-13-0406 (Fluter) Administrative Permit SPECIAL CONDITIONS: This permit is granted' subject to the following special conditions: Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion; (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project; (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone; (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity, (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; (7) Non buoyant debris discharged into coastal Waters will be recovered by divers as soon as possible after loss; (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; (9) The applicant shall provide adequate disposal facilities for solid waste, including . excess concrete, produced during demolition or construction; (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. if the disposal' site- is located in the coastal zone, a -coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; (13.) The discharge of any hazardous materials into any receiving waters shall be 'prohibited; 2 5-13-0406 (Fluter) Administrative Permit (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance 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; (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and (16) All BMPs shall be maintained in a functional condition throughout the duration - of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris; b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized; and c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a.. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are. hazardous waste in California. Used oil absorbents must therefor e.be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly. inspect and maintain engines, seals, gaskets, lines and hoses in .order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; 7 5-13-0406 (Fluter) Administrative Permit b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and :.c: Bilge cleaners -which coritairi'detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge PUMPS. 2. Eelgrass Survey(s) A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. _ The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in 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 an amendment to this permit from the Coastal.: Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site. to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the post -construction eelgrass survey for the review and approvalof the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on -site, or at another location, in accordance with the Southern California Eelgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.2:1 (mitigation: impact). The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply. Implementation of mitigation shall. require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. 3. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development 8 5-13-0406 (Fluter) Administrative Permit permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or. Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing I m CITY OF NEWPORT BEACH CITY OF NEWPORT BERCN L` k * PRcrpIC Q''RN VICINITY MAP M311 Rf Mr. aum" ^o , , , , , , , , , , ° ° , Gq W A Hm JETTY EFIST JETTY I- SWMINGS ARE EXPRESS® IN FEET AND DENOTE FIEVATIONS BASED ON MEAN LOWER LOW BITER. 60 sQ ��e. • �\ try oa ao - OF 2 (� {\oa��r� p- xPe , r. - -- SLo� e`st�r� 396 sQ \s�rgP \oGati�o 3 0,4e rem e 1 eX - �e pace �` a mole a \st�r�p may ar -- �e 1 e� �evse 1st�r0o� -- - - - — - - -- - - se e ..:... -- (� 3 EXHIBIT # PAGE -- f'PLICWf'S NAME !=PX: P. "I'l Q a 'o o Q ao � o am a� C2 'o T T 1 C C C pri to Q) igLMUT ww O OA A.25•I 10 132-4`69 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions June 5, 2013 Property Address: 443 Harbor Island Drive 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 properly on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. Lisa Walters, Harbor Resources Date Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 CITY OF NEWPORT EERCR CITY OF NENPORT BERCH pRCIFIC 4C f'RN VICINITY MRP ►Ur M, alarm e e e e ° ° 4114� " A A O 1 1 I f WEST JEM PROFILE V = 40e �r JEM SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE EL.EVRTIONS BASED ON MEAN LOWER LOW WATER. 15 ,J m a o _06 O M U N +O+ CUU i cU ❑ In LO O O a co m 1 y C N O O El oA 4. 25. I STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 •� - 14a Staff: Femie Sy — LB Date: October 24, 2013 ADMINISTRATIVE PERMIT Application No. 5-13-0406 Applicant: Russ Fluter Agents: Swift Slip Dock & Pier Builders, Inc. Project Description: Remove an existing 402 square foot triangle shaped floating dock and replace it with a new 396 square foot rectangular shaped floating dock. Additionally, one (1) existing 12" round pile will be removed and relocated and one (1) existing 12" round pile will remain in the same location. No changes to the existing pier and gangway will occur and will be reused in place. The new dock will comprise of Trex composite material. Project Location: 443 Harbor Island Drive, Newport Beach (Orange County) EXECUTIVE DIRECTOR'S DETERMINATION The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Friday, November 15, 2013 8 am City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have 5-13-0406 (Fluter) Administrative Permit received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT, YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE OF PERMIT EFFECTIVENESS FROM THIS OFFICE. CHARLES LESTER Executive Director By: Fernie Sy Title: Coastal Program Analyst STANDARD CONDITIONS: This permit is granted subject to the following standard conditions: Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date 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 term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages six thru nine. 2 5-13-0406 (Fluter) Administrative Permit EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development, which, pursuant to PRC Section 30624, qualifies for approval by the Executive .Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. PROJECT DESCRIPTION AND PREVIOUS COMMISSION ACTION ON SUBJECT SITE Project Description The subject site is located at 443 Harbor Island Drive in the City of Newport Beach, Orange County (Exhibit #1). Single-family residences and associated private boat dock systems characterize the subject site and the surrounding area. The proposed project involves the following: remove an existing 402 square foot triangle shaped floating dock and replace it with a new 396 square foot rectangular shaped floating dock. Additionally, one (1) existing 12" round pile will be removed and relocated and one (1) existing 12" round pile will remain in the same location. No changes to the existing pier and gangway will occur and will be reused in place. The new dock will be constructed of Trex composite material (Exhibit #2). Water coverage by the float will be reduced from 402 square feet to 396 square feet (a reduction of 6 square feet) as a result of this project. The existing dock meets the City of Newport Beach Harbor Permit Policy in that it does not currently extend past the U.S. Pierhead Line and the proposed dock will also not extend past the U.S. Pierhead Line. Public access to the harbor exists at the nearby Balboa Yacht Basin and public beaches available in Beacon Bay. Based on the information available to the Commission at this time, it appears that the property on which the proposed dock is to be built is not subject to the public trust because the mean high tide line (MHTL) was adjudicated in this area in case no. 20436 in Orange County Superior Court in 1926 (Orange County v. The Irvine Company). The court identified the MHTL in this area as well westward of the subject property. Further, the subject property is part of a subdivision tract that dredged a channel eastward, then southward, from the MHTL established in case no. 20436. This dredging changed portions of the property from upland swamp and overflow property to property subject to tidal flow. Thus, the channel is now navigational and is subject to the navigational easement pursuant. to Public Resources Code section 7552.5, which, in general, precludes the owner from interfering with the public's right to navigate the channel. Since the. proposed dock will be landward of the designated pierhead line in the channel, the proposed dock is not expected to interfere with the public's ability to navigate the channel because pierhead lines are established to 3 5-13-0406 (Fluter) Administrative Permit ensure that docks and piers do not interfere with navigation. Therefore, the proposed development will not interfere with the existing navigational easement over the channel. A special condition is imposed stating that the approval of a coastal development permit for the project does not waive any public rights or interest that exist or may exist on the property. The dock project will be used for boating related purposes to serve a single-family residential development. The site has been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and Caulerpa taxifolia and neither was discovered within the project area. The eelgrass survey took place on May 3, 2013 as required by the City of Newport Beach Harbor Resources Division and eelgrass surveys completed during the active growth phase of eelgrass (typically March through October) are valid for 60-days with the exception of surveys completed in August - October. A survey completed in August - October shall be valid until the resumption of active growth (i.e., March 1). The project is agendized for the November 2013 Coastal Commission Hearing so the eelgrass survey no longer continues to be valid. Therefore, a subsequent eelgrass survey will be required prior to beginning any construction. A pre -construction Caulerpa taxifolia survey was completed on May 3, 2012 as required by the City of Newport Beach Harbor Resources Division. Caulerpa taxifolia surveys are valid for 90 days. The project is agendized for the November 2013 Coastal Commission Hearing and by this time the Caulerpa taxifolia survey would not continue to be valid since 90-days have passed since the survey was completed. Thus, an up-to- date Caulerpa taxifolia survey must be conducted prior to commencement of the project. Therefore, the Commission imposes Special Conditions No. 2 and No. 3, which identifies the procedures necessary to be completed prior to beginning any construction. Also, if any Caulerpa taxifolia is found on the project site, Special Conditions No. 3 also identifies the procedures necessary to be completed prior to beginning any construction. The proposed project has received an approval in concept from the City of Newport Beach Harbor Resources Division. The Regional Water Quality Control Board (RWQCB) has determined that the proposed project will not adversely impact water quality if standard construction methods and materials are used. The applicant has applied for a permit from the U.S. Army Corps of Engineers. Previous Commission Action on Subject Site On April 10, 2013, the Commission approved De-Minimus Waiver No. 5-12-337 for demolition of an existing partially constructed single-family dwelling and construction of a new two-story 5,847 square foot single-family residence with an attached 669 square foot two -car garage and an attached 371 square foot one -car garage. The maximum height of the structure would be 29-feet above finished grade. Grading would consist of 110 cubic yards of export to a location outside of the Coastal Zone. Drainage from the roof and surface water would be directed to permeable areas before entering the main storm drain system. No work on the existing bulkhead or dock was proposed. Local Government Approvals Section 30600(c) of the Coastal Act provides for the issuance of coastal development permits directly by the Commission in regions where the local government having jurisdiction does not have a certified Local Coastal Program. The City of Newport Beach only has a certified Land Use Plan rd 5-13-0406 (Fluter) Administrative Permit and has not exercised the options provided in 30600(b) or 30600.5 to issue its own permits. Furthermore, the project is located seaward of the mean high tide line, where the Commission retains jurisdiction, even after certification of an LCP. Therefore, the Coastal Commission is the permit issuing entity and the standard of review is Chapter 3 of the Coastal Act. The certified Land Use Plan may be used for guidance. B. MARINE RESOURCES The proposed recreational boat dock development and its associated structures are an allowable and encouraged marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms to Sections 30224 and 30233 of the Coastal Act. C. WATER QUALITY The proposed work will be occurring on, within, or adjacent to coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters. To reduce the potential for post -construction impacts to water quality the Commission requires the continued use and maintenance of post construction BMPs. As conditioned, the Commission finds that the development conforms to Sections 30230 and 30231 of the Coastal Act. D. LOCAL COASTAL PROGRAM The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on October 8, 2009. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3. E. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) As conditioned, there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. 5-13-0406 (Fluter) Administrative Permit SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. Water Quality A. Construction Responsibilities and Debris Removal (1) No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion; (2) Any and all debris resulting from demolition or construction activities, and any remaining construction material,,shall be removed from the project site within 24 hours of completion of the project; (3) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; (4) Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone; (5) If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity; (6) Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; (7) Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss; (8) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; (9) The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; (10) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; (11) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; (12) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; (13) The discharge of any hazardous materials into any receiving waters shall be prohibited; 0 5-13-0406 (Fluter) Administrative Permit (14) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance 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; (15) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and (16) All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (1) Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris; b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized; and c. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (2) Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. (3) Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; 7 5-13-0406 (Fluter) Administrative Permit b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and c. 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. 2. Eelgrass Survey(s) A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in .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 an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and 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 Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development COPYRIGHT 2000 %ifBW,-F,W.#, U SEE A HAP f e¢ nv oavnt J % a" m §,aVH� �'•,� $ oe 1 ©. l a ry g� g 1 eos.� ti 89 _ ,a o3ON�y �o ryeJ• v o _ u >nr�} 4,... f ,R V, ,ate "'�u5 ¢4` ABA pig s 64 q, 1y�-u6 -v � � ..C�,QJS .. I .(%� ab _ � ay �.-� � p__� `t � o ti-� --- C�- � ----�' ! J tl �.. �`' � N� J � � y� °•,,"� 'S ��1 lLL RL _ 1 � og rv°t�s1x 2 J = oao� ` dOlb ward oo� IVY t ` ''3� z I ty...., c7Q' j "'�."� h vy '✓ s i�� i 'ji r m a'3Ki r �' ,XX,r 3 � � MO.fllt'j'- f •,�... � h'f Y � -->- �r,�,,�� i J. �" -���. `'-�_ yu:' - sz .. $- a-+a•-C '— W RE f� N Y ,by S' - � #� 6p 6 �, •� d� dQ 3 3J ofS3a zr MACABTNUR S� —Tf a � � � 3•.'�� I;j��� ! ?—� yly ¢ r '� ?' do11 � ST a tr N. iw W'=`�rvy"'` t .�1 QRl9y/1�� ��n,g yOdn3x n rsaexl�g � oa '� � + � ` t `✓..- b oo-c. .sfSS�. as,c„ Rdo �u* �ws. s4§yy-:5t ;�. «,t. t° r=o ##>s r WIN ,. ee Y 'sue ..... � 4 J,� ) � { r � �� , Sy3 °�hYa , dt a° ( � �'y,� `fa'.6` °rvyb✓ Ff "� x o NMI! ..i� �"`ts�'`a 3��nf� - 6�, �\`G•2 �3 +T4. 3 �-.Nye .. �Ay ,o � 'E,�, b V SAi�'s*2 � �r - $- °T`sS x °°�7 �! a. ��a ,yam \ ✓ I Ass ''"�� ' ` titi yoo :. <T'dvJ �"h �,. an x7 N7 NS "`,' •b yi. ` r:� Q- �' v 2 3 ter 5-13-0406 (Fluter) Administrative Permit permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this pen -nit as evidence of a waiver of any public rights that may exist on the property. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that Uwe have received a copy of this permit and have accepted its contents including all conditions. Applicant s Signature Date of Signing Jj lr- z r j Er 5-13-0406 (Fluter) Administrative Permit permit (the "project"), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval of the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043), or their successors. D. If Caulerpa taxifolia is found within the project or buffer areas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. taxifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 4. Public Rights The Coastal Commission's approval of this permit shall not constitute a waiver of any public rights that exist or may exist on the property. The permittee shall not use this permit as evidence of a waiver of any public rights that may exist on the property. ACHINfOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 1 COPYRIGHT 2000 /q, SEEMAP 0:9 �o _17:ff --I- t AV OMWAY Saf f to MUM 1100 V 1 " IQ 1 Wo M Aw N" .. SOWN Q) RD ZIC w to v! - fi 01TH4_1 'tug IlowMN M ST fCIAO ST At Pon m jaw v 11�,V*Ag WOMAN AN' "oil 1S; [CITY OF NEWPORT PERCH P - — -ZEEI- MY �CIFIC Ocf ` 9N NPW VICmw INITY MRP 'ATM ik JE rnr SOUMINGS FIRE EXPRESSED IN FEET RM DENOTE ELEVATIONS BASED ON MERN LOWER LOW NITER. Q LN_ kee��o; n �CecSs -. .._ JUN � U C, Z U 0 o m CL O m Lti 4t7 OOc�� ca 33y` y � � to pp L1J� o aA .!• 25. HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3044 / Fax (949) 723-0589 HARBOR PERMIT/APPROVAL IN CONCEPT HARBOR PERMIT/APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove and replace existing floating dock. Re -use existing gangway and pier. Remove and relocate 1 existing pile. Address number must be stenciled on at least 1 bayward facing pile. vier conaitions must oe signea ny applicant prior to tinal approval. Property Address: 443 Harbor Island Drive Legal Description: Harbor Permit Number: 132-439 Plan Check Number: 1094-2013 Applicant: Russ Fluter Applicant's Mailing Address: 443 Harbor Island Dr., Newport Beach, CA 92660 Phone Number: 949-631-3121-Swift Slip I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application. page 1 of 2 And find $, They comply with the current adopted Newport Beach General Plan, Municipal Code, Title 17 and any applicable specific or precise plans or, ❑ That a variance of exception has been approved and final. A copy of any variance, exception, conditional use permit or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept and said approval has been written upon said plans, signed and dated. Should Newport Beach adopt an ordinance deleting, amending or adding to the Municipal Code or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this Approval In Concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: 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 Walters, Harbor Resources June 5, 2013 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 w„r l' `< Worksheet for Building Combo Permit Ic tion ��°`° City of Newport Beach - Building Division fa§�bT RESOURCE r Comm'I �"; Residential NOTE: PLAN CHECK FEE DUE.AT TIME OF SUSIA TTAL....r...A....- �r vall rBuilding r Grading (—:Drainage T Elec r Mech r Plum CuYdCut c YCI ii Project Address (Not addr`ersss), r 1mailing Description of Work _ ��/.use%)z NO W'` Stories #Units (if Res - Valuation $ New/Add SF Remodel SF Garage/New/Add F Material/Labor I DOD OWNER'S NAME. Lash j�-,' First V�j V { I Owner's Address Owner's E-mail Address Jacquelyn.chung@sbcglobal.net City Newport Beach State California Zip 21 Telephone 949.631.31._.. 21 APPLICANTS NAME Last Swift First I Pete Applicant's Address Applicants E-mail Address MAY 1 4 201 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City Costa Mesa G14 "r- NEWPORT BEACH State California Zip 92627 Telephonel949.631.3121 ARCHITECT/DESIGNER'S NAME Last �— First Lic. No. Architect/Designer's Address Architect/Designer's E-mail Address City State Zip Teiephonel 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 Sleiift Slip Dock and Pier Builders Lic. No. 797052 Class IA Contractor's Address Contractor's E-mail Address 2027 Placentia Avenue Jacquelyn.chung@sbcglobal.net City I.C_osta Mesa State California Zip 92627 Tele hone 949MII.3121 ENERGY P/C FEE $ FIRE P/C FEE $ PERMIT NO. GRADING P/C FEE.$. PLANNING P/C FEE $ PLAN CHECK NO. ELEC/PLUM/MECH PP/C FEE $ PLAN CHECK FEE $ DEVELOPMENT # TOTAL FEES PAID $ CITY OF NEWPORT EERCH CITY OF NENPORT BENCH my PRCIFIC OC fAN VICINITY MAP 'n � PROFILE 1' = 40' tam JETTY SOUNDINGS RRE EXPRESSED IN FEET RND DENOTE ELEVATIONS BRSED ON MEAN LOWER LOW WATER. ILU on 1 IDf I o - X _.... _...; O _ TeX.- - - -- - bT 1MR-ICRNT'S NAME S-1 JOB RDDFIESS ��j 15j AM I — �}• 2-5 13 AUTHORIZATION OF AGENT Ave __... _ _._... hieereby designate and authorize Peter Swift, and his representative Jacquelyn Chung, to act n my behalf as my argent in the processing of this permit application and to furnish, upon requesting, suppler ent l information in support of application. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: AND MAIL TAX STATEMENT TO: Russell Fluter 2025 W. Balboa Blvd. Newport Beach, CA 92663 Order No. Pt- l -2- S Parcel No. 050L471-75 Recorded in Official K •rds, Orange County Tom Daly, Clerk -Recorder I lllll l l llll l 111 lllll lllll lllll11111 lllll lllll lllll lllll lllll llll l 11111119. W *$ R 0 0 0 5 1 0 9 9 1 4$ 2012000506M6 3:20 pm OMW12 117 401 G02 2 07 1467-501457.50 0.00 0.00 3.00 0.00 0.00 0.00 SPACE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS S2,915.00 and CITY $ X computed on full value of property conveyed, or computed on full value less liens or encumbrances remaining at the time of sale. unincorporated area: X City of Newport Beach, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Robert B. Stewart, an unmarried man hereby GRANTS to Russell Fluter, an unmarried man the following described real property in the City of Newport Beach, County of Orange, State of California: Lot 8 of Tract No. 3283, in the City of Newport Beach, County of Orange.. State of California, as per map recorded in Book 101, Page(s) 33 and 34, of Miscellaneous Maps, in the Office of the County Recorder of Orange County, as more fully described on Exhibit "A" attached hereto and made a part hereof. Date August 10, 2012 _---Z 14_A -- Robert B. Stewart �.... STATE OF CALIFORNIA } }S.S. COUNTY OF ORANGE } re!lrOn Augustly 2012 �1 , before me, 0 -1V a Notary Public, personally appeared Robert B. Stewart who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ri!KaN and official deal. DhNIEI BELL COMM. A�1971449 Z Notary Public • Calilomia Signature (Seal) Z ^� Ora Caunty {1111A11, K tl�lf. a 2(16' 4ri^ EXHIBIT "A" PARCELI: LOT 8 OF TRACT NO. 3283, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 101 PAGES 33 AND 34, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THAT PORTION OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 1 PAGE 88, MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ADJOINING SAID TRACT NO. 3283 BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 8, SAID TRACT NO. 3283, ON THE WEST BY A LINE THAT IS PARALLEL WITH AND 104.00 FEET EASTERLY FROM THE EASTERLY LINE OF TRACT NO. 4003, AS SHOWN ON A MAP FILED IN BOOK 188 PAGES 13 THROUGH 19 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, ON THE SOUTH BY THE WESTERLY PROLONGATION OF SOUTHERLY LINE OF SAID LOT, ON THE EAST BY THE WESTERLY LINE OF SAID LOT. EXCEPT BOTH PARCELS 1 AND 2, ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY THE IRVINE COMPANY, A MICHIGAN CORPORATION, IN DEED RECORDED OCTOBER 14, 1977 IN BOOK 12415 PAGE 997, OFFICIAL RECORDS. PARCEL 3: AN APPURTENANT NON-EXCLUSIVE EASEMENT 98.00 FEET WIDE FOR FISHING, NAVIGATION, COMMERCE AND ACCESS OVER THAT PORTION OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 1 PAGE 38, MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ADJOINING SAID TRACT NO. 3283, LYING 49.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED'CENTER LINE: COMMENCING AT THE SOUTHEAST CORNER OF TRACT 4003, AS SHOWN ON A MAP FILED IN BOOK 188 PAGES 13 THROUGH 19 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY; THENCE SOUTH 71° 54' 00" EAST 104.00 FEET ALONG THE ORDINARY HIGH TIDE LINE AS DESCRIBED IN THE FINAL DECREE ENTERED IN CASE NO. 20436, SUPERIOR COURT OF SAID COUNTY, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 180 06' 00". EAST 527.49 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 504.00 FEET; THENCE NORTHERLY 441.86 FEET ALONG SAID CURVE THROUGH AN ANGLE OF 43° 20' 00"; THENCE NORTH 25* 14' 00" WEST 98.41 FEET TO THE SOUTHERLY LINE OF LOT J, SAID TRACT NO. 4003. ***END OF LEGAL DESCRIPTION*** Dock and Pier Builders, Inc. Contractor's License 797052 A www.swiftslipdocks.com 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631-3121- Fax (949) 631-3122 Re: Russ Fluter 443 Harbor Island Drive Newport Beach, California 92660 Document #1 — Parcel Map Document #2 — Aerial Photograph Document #3 — Aerial of Project Site Document #4 - Drawing of Existing Dock System Document #5 — Drawing of Proposed Dock System Remove and replace existing floating dock. Reuse existing gangway and pier. Remove and relocate I existing pipe pile. Floating Dock Superfloat floatation pontoons 4x8 framing with 5x7 angle clips and '/" bolting throughout TREX composite decking attached with stainless steel screws 2 x 12 facia with white rub strip and corners 8 — 14" through bolted cleats (2) — 14" pre -stressed concrete guide pile SLIU L = '`• 9 c � - 0 H. ^ - SEX � ;`ayes o ' ° yti b � a q ";/r ca 1.rH�"\ •moo° �` r'a°'r l r � • C 1 E en ep°' - o' � r , / V / SOP `' � � 1s a 't rr S - Fa Oj a C'9a KU9 W J 1I � F G � P of Pores � ,� ° n cc IL `— � J� 1� d /mM1 ✓I .J N �9. F \ � � � ti � c � of � �.. Q• /d +c r 9 ;1 `. � I J n � I _ °• • ) po qV .00 LZ/ tl • wl V VV N Q ® O Z a OLL/ LZ 1 m •u W Wes a Od '��• vY . . w � �. O�yy1L5 •e9oo ayll'M Of it ?5y,t1•°9�\ i i tz a rg \ 01 ' •\ten 1.5 — - n � — .➢f 9BE 3 00.L/=GBN - — — Map Output Page 1 of 1 http://www6.city.newport-beach.ca.us/serviet/com.esri.esrimap.Esrimap?ServiceName=n... 4/15/2013 Map Output Flutter Page 1 of 1 2009-2011 Photos provided by Eagle > Aerial Imaging www.eagleaerial.com Solocted Features City Boundary } w Project Line H -Station S ` 1 Plerhea �jjjj .... ». .vim BNi�I�YLLbi http://wwwb.city.newport-beach.ca.us/servlet/com.esri.esrimap.Esrimap?ServiceName=n... 4/15/2013 i �[ DOCK & PIER BUILDERS, INC. 2027 Costa Mesa, California 92627 • Fax (949) 631-3122 - --------- - ------ . ........ ......... . ...... .. . .... DOCK & PIER: BUILDERS, INC. -- - -------- DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Date: May 3, 2013 Swift Slips 2027 Placentia Avenue Costa Mesa, CA 92627 443 Harbor Island Rd Newport Beach, CA Preliminary Survey Subject: Preliminary Eelgrass (Zostera marina) Survey Report and Caulerpa Taxifolia Survey 443 Harbor Island Rd., 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, PRELIMINARY SURVEY Page 1 of 11 DIVE WORKS (949) 759-0773 a Drive 443 Harbor Island Rd 429-0 Shoreline Village Newport Beach, CA Long Beach, CA 90802 Russ Fluter 443 Harbor Island Rd. Newport Beach, California Swift Slips Dock & Pier Builders, Inc. Costa Mesa, California Pre -Construction Survey Report Prepared May 3, 2013 by Dive Works Robert Wiegand Survey assistance by Sean Donovan Preliminary Survey PRELIMINARY SURVEY Page 2 of 11 wo DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 CONTENTS List of Tables List of Figures Current Situation Survey Method Survey Findings Discussion Caulerpa Survey Form Eelgrass Survey Form List of Tables Tablet. Tides and Currents 443 Harbor Island Rd Newport Beach, CA Preliminary Survey 3 3 4 4 4 4 8 10 .....................................................................................................................5 List of Figures Figure 1. Location of 443 Harbor Island Rd., Newport Beach ....5 Figure 2. Dive Transects ....................................................................................................................6 Figure 3. Survey Results .....................................................................................................................7 PRELIMINARY SURVEY Page 3 of 11 WO aq��E RsG DIVE WORKS (949) 759-0773 443 Harbor Island Rd 429-0 Shoreline Village Drive Newport Beach, CA v, Long Beach, CA 90802 Preliminary Survey Current Situation — Preliminary Survey Resident (Russ Fluter) at 443 Harbor Island Rd., Newport Beach, CA is proposing to replace existing "Triangle" shape dock with a "I" shape dock extending farther out from beach head so dock does not bottom out on beach at low tide. 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 May 3, 2013 beginning at 1100 hr approximately N Lat 33.61335% W Long -117.90034°. Day was sunny with air temperature 78' F. Water temperature was 62° F. Depth ranged from beachhead at the seawall to 0' at head -walk to 4' at end of dock. Visibility was 6 feet. See Table 1 Survey area delineated spanning 60 ft wide and 60 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 shoreline. Lane width was approximately 6 ft wide scanning approximately 3 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). No Eelgrass was observed within the property (see attached Eelgrass Survey Reporting Form), nor within 20 feet of the property. Fauna: Observation included mussels on piles. Remainder of survey area was sand and dirt (sediment). Visibility was 6 ft. The water depth ranged from 0' at sea wall to 4' at end of dock. See Figure 2 . Discussion Eelgrass (Zostera marina) was not observed throughout the area from sea wall to just past end of dock. Mussels were observed on piles and floats. Proposed dock configuration is different than existing. Existing dock is a Triangle. The proposed dock calls for an "I" shape dock extending further out from beach head to avoid bottoming out at low tide. Proposed dock will extend out 55' from sea wall, length of 45' and width of 8'. See Figure 3. This Preliminary Survey finds no impact to habitat or navigation. Recommend using Best Management Practices during construction. PRELIMINARY SURVEY Page 4 of 11 tv Rk , 0 9 S G DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive p` :may Long Beach, CA 90802 /LNG SER`��4� Table 1: Tides and Currents NEWPORT BAY ENTRANCE, CORONA DEL MAR, CA StationId: 9410580 Daily Tide Prediction in Feet �..++ Back to Station Listi— Time Zone: LST/LDT �l 2013/05/02-2013/0/03 B°ok^lark Datum: MLLW - Help 5,80 4.50 J = 4.80 c : +' 3.50 r 3.60 2.58 L 2.08 1.58 .�. 1.80 r 6.58 m y 88..00 x -50 05/02 12an 05/02 05/82 05102 05/03 05/03 ban 12pn 6pn 12anban Date/Tine (LSTJLDT) 05/03 85103 05/84 12pn 6pn 12an 443 Harbor Island Rd Newport Beach, CA Preliminary Survey Date Fay TTme i Hgt 05 02 Thu 03414 AM 42 H OS 02 Thu 10 29 AM. 0 04 L � .... , 5.02 .Thu 05�24 PM! .... 4.09 W i...`.._....,.. .05; 02!Thu . ......... '11PM � ., 1,99 C US 03 Fri_ 5 s- OS 0 F 1 dl All 11 n11....._ O 1 L' SOS 0 Fri ---------------------- 06 1t—tt c I! 0.13 H_ Figure 1. Location of 443 Harbor Island Rd., Newport Beach sr i r 1 Aj - gal'�tr"0.u'�.--Y�,r}k ryb r R 6 s d43 flrr Island Fir Y v v 4. PRELIMINARY SURVEY Page 5 of 11 ,vE WOR rG DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive per._ 'AC Long Beach, CA 90802 S Figure 2. Dive Transects 402. . f? 443 Harbor Island Rd Newport Beach, CA �j V 4 Y'll W Nq ,t ' ym ' r t� germ N" 1 0,4 ` I i D-0 443 -IH �vv(1 } 1 } I A- . + Beach Train sect Depth LatlLong Preliminary Survey PRELIMINARY SURVEY Page 6 of 11 �v V, work 9 s•G DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Figure 3. Proposed Dock —79 443 Harbor Island Rd Newport Beach, CA Preliminary Survey Z4� T PRELIMINARY SURVEY Page 7of11 $a9�Sr g woRksG Nc, sF:t� DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Caulerpa Survey Reporting Form 443 Harbor Island Rd Newport Beach, CA Preliminary Survey This form is required to be submitted for any surveys conducted for the invasive exotic algae, (Caulerpa) which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers, Coastal Commission, and/or Regional Water Quality Boards (Regions 8 & 9). The form has been designed to assist to identify and control any potential impacts of the authorized actions on the spread of Calupera. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Calupera survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey 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: 443 Harbor Island Rd. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmail.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 613350 Lat (UTM, Lat./Long., datum, accuracy W-117.90034° Long level, attach electronic survey area map if possible) Was Caulerpa Detected: Yes, Caulerpa was found at this site and Has been contacted on date. xxxx No, Caulerpa was not found at this site Description of Permitted Work: (describe briefly the work to be conducted at the site under the . Replace existing "U" shape dock with a new "U" shape dock permits identified above) PRELIMINARY SURVEY Page 8 of 11 e wolf DIME WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 443 Harbor Island Rd Newport Beach, CA Preliminary Survey Caulerpa Survey Reporting Form (Cont.) Description of Site: (describe the Depth range: 0'-7" 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: 78' Air 62' Water Salinity: Dominant flora: Dominant fauna: Mussels, Exotic species encountered - None Caulerpa Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >7S% area including bottom conducted including type of survey DATE : May 3, 2013 surveyed. (SCUBA, remote video, etc.) and survey methods employed, date of TIME : 1100 hr work, and survey density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' .Survey type and methods: SCUBA Survey Personnel: Robert Wiegand, Sean Donovan Survey density: Survey limitations: None noted Other Information: (use this space to provide any additional information or references to attached materials such as maps, reports, etc. Caulerpa Survey Reporting Form (version 1.2, 10/31/04) PRELIMINARY SURVEY Page 9 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 Eelgrass Survey Reporting Form 443 Harbor Island Rd Newport Beach, CA Preliminar Survey This form is required to be submitted for any surveys conducted for Eelgrass which is required to be conducted under federal and/or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission and required for review by Marine Bureau and Planning Department. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, contact: Robert Hoffman, National Marine Fisheries Service, 562-980-4043, or William Paznokas, California Department of Fish & Game, 858-467-4218. This survey was conducted on March 1, 2012 and is valid for (90) ninety days from date of survey. For information regarding this survey please contact Robert Wiegand, Dive Works Diving Service at 949-759-0773. Required Information Site Name: 443 Harbor Island Rd. Newport Beach, CA Survey Contact: Robert Wiegand (949) 759-0773 DiveWork@Gmaii.com Permit Reference: (ACOE Permit No., CCC Permit No.) Hydrographic System: Newport Harbor (bay, estuary, lagoon, or harbor) Specific Location: N 33. 613350 Lat (LITM, Lat./Long., datum, accuracy N/-117.90034° Long level, attach electronic survey area map if possible Was Eelgrass Detected: Eelgrass within 15' of project / disposal site Eelgrass within 15'-30' of project / disposal site x No eelgrass in project / disposal site Description of Permitted Work: (describe briefly the work to be Replace existing "U" shape dock with a new "U" shape dock conducted at the site under the permits identified above) PRELIMINARY SURVEY Page 10 of 11 DIVE WORKS (949) 759-0773 429-0 Shoreline Village Drive Long Beach, CA 90802 443 Harbor Island Rd Newport Beach, CA Preliminar Survey Eelgrass Survey Reporting Form (Cont.) Description of Site: (describe the bepth range: 0'-7" 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: 78' Air 62' Water Salinity: Dominant flora: None Dominant fauna: Mussels Exotic species encountered none Other site description notes: Description of Survey Effort: Survey date and time period: Survey conducted using SCUBA (please describe the surveys >75% area including bottom conducted including type of survey DATE: May 3, 2013 surveyed. (SCUBA, remote video, etc.) and TIME : 1100 survey methods employed, date of work, and survey.density (estimated percentage of the bottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in water: 6' Survey type and methods: SCUBA Survey Personnel: Robert Wie and, Sean Donovan Survey density: Surve y 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 11 of 11 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions June 5, 2013 Property Address: 443 Harbor Island Drive With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 644-3034 / Fax (949) 723-0589 Special Conditions June 5, 2013 Property Address: 443 Harbor Island Drive With reference to the plans currently under consideration at the above referenced address to reconfigure or modify the dock system or bulkhead, the following conditions will now be in effect: 1. The project proponent is aware of the Harbor Permit Policies (Council Policy H-1) and Title 17 of the City of Newport Beach Municipal Code. The project proponent understands that the above referenced structure(s) is under the purview of these Policies and Codes. 2. Any future work on the above mentioned structure(s) requires permits with the City of Newport Beach and any other applicable agencies. Painting and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the proposed dock system and/or bulkhead under consideration. Any future modifications or alterations to the dock system and/or bulkhead may require new conditions which may override or change these conditions. These conditions supersede all past conditions associated with this property. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. In accordance with Municipal Code 10.08.030 A. the project proponent shall obtain the proper permits for equipment and materials storage. "Except as otherwise provided in this section, no person shall use any public street, sidewalk, alley or parkway or other public property for the purpose of storing or displaying any equipment, materials or merchandise, or any other commercial purpose. B. Public streets, sidewalks, alleys, or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: ... For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 of this Code and the storage is consistent with provisions of the Uniform Building Code." 6. The project shall be implemented in conformance with the Local Coastal Program - Coastal Land Use Plan. Page 1 of 2 7. In accordance with Municipal Code 10.28.040 the following noise regulations apply: "A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday." 8. Your side property lines extend in the water along their same bearing. Vessels shall not encroach upon the neighbor's property on either side. 9. Vessels may not extend beyond the end of the fingers by more than the width of its beam except as otherwise noted in the Municipal Code. Lisa Walters, Harbor Resources Date Applicant Signature Print Name Date Joint Pier Applicant Signature (if applicable) Print Name Date Page 2 of 2 HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: August 10, 2012 Permit Number: ** Property Address: 443 Harbor Island Drive, Newport Beach, CA 92660 ** Buyer's Names: Russell Fluter Billing Address: �/ �9 i3 J ✓, ��` ,� 1✓ ✓�f� -s r Telephone No.: 9 `f 9, 4-7�- 7 '7 7 7 ** Buyer's Signatures: ** Seller's Names: Robert B. Stewart ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 43438-BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated) August 31, 2012 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Ffe�ources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Drive Newport Beach, CA 92660 ** Date of Application: August 10, 2012 Permit Number: ** Property Address: 443 Harbor Island Drive, Newport Beach, CA 92660 ** Buyer's Names: Billing Address: Telephone No.: ** Buyer's Signatures: Russell Fluter ** Seller's Names: Robert B. Stewart ** Seller's Signatures: Joint Owner Signature: ** Escrow Company: Mariners Escrow Corporation ** Address: 1100 Newport Center Drive, Suite 200, Newport Beach, CA. 92660 ** Escrow Number: 43438-BF ** Fax Number: 949-721-8157 Escrow Officer: Brian Foxcroft Phone Number: 949-640-6040 Closing Date (Estimated): August 31, 2012 "STARRED ITEMS MUST BE COMPLETED TO BEGIN THE PROCESS. Inspection Date: Fee Paid: Application Completed: Reinspection Date: Check No.: Harbor Resources Signature/Date Special Conditions: This permit is revocable by the City Council In accordance with Title 17 of Newport Beach Municipal Code j CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3044/Fax 949-723-0589 August 10, 2012 Encore Escrow Fax 818-907-6294 Re: Pier Permit #132-439 443 Harbor Island Dr. Escrow # 08689-TS Dear Encore 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, 46im ivQeGtv Lisa Walters Harbor Resources t.: vw.surterreprope rties. com El PROPERTIES.a' Broker Associate 1400 Newport Center Dr. Ste. 100 Newport Beach, CA 92660 Lic#00316784 C 949.533.9408 T 949.717.7262 F 949.706.1419 jimt@surterreproperties.com - www.surterreproperties.com A JU XJLiSJ %-,F L V A LrAXA VAA A T.� SFER �11�I'�ICZXTION 329 Harbor Island Drive Newport Beach, CA 92660 949-644-3044 **Date of Applicaton: 96 LZ014 Permit Number: I3Z , y-3c) **Property Address: J14. ,4AePu>A, Tscn.-:� be- &iA:t por *Buyer's Names: ifo ba.,r t3 • St�� Billing Address: a20107 +4AU94+ e*r&n &, 1hAe. c A - z a- o-a S' Telephone No.: Buyers Signatures: "Seller's Names: -Awr- �,cZrC4 Seller's Signatures: Belief Exempt eANK OWNED Joint Owner Signature. qq-9 .6�53- +fob **Escrow Company: f.6p.i') Phone# J11,?-S-79-.3w.5 **Address -1 # 9 Ve,,7z, gg &vb• 6�A&'A;o, " !2s s410 **Escrow dumber: of&gq-T5 **Fax #: Closing Date (Estimate): 6?- /jLo f�. � - ®� �,� a GI •'7��0° l�l-c`� * *STARRED ITEMS MUST BE COMPLETE TO BEGIN THE PROCESS. ormrwrwr�vr.�rr0rrsr�r rrwr.s rsr®r�.r wr®+r�r+wsos wsw:ssrdrr,� s.�s►rror�rr+a Inspection Date. 6 9 I o-, Fee Paid: Application Complete: Reinspection Date: No: 4C10 Harbor Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. 110004909i1' 1: & 2 2 24 2869i:00 L L09 14 20 INSPECTION FORM Harbor Resources Department Date: Inspection Requested By: Inspector: Pier Address: Pier Transfer GFI Present Yes Need None Needed Anti -Siphon / Backflow Present Other Comments Eelgrass Date Time C Pump Out Pier Location Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request Reinspection Yes Need I I- No d i1tU_V _ O r— -er Cis A-0 l,J &,Lq6AVL0L0i Ir tie, Eelgrass Within 15' of Project4ay" , Eelgrass Within 15' - 30' of ProjectVUXA_s,& bw No. Eelgrass in Project Area C7 Yes No ,�bl(ollr Map Output Page 1 of 1 http://www6.city.newport-beach.ca.uslservleticom.esri.esrimap.Esi imap?ServiceName=n... 08/06/2012 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 REPLY TO ATTENTION OF: Office of the Chief Regulatory Division Steve McIlwain C/O: Lisa Walters Harbor Resources Division 829 Harbor Island Drive Newport Beach, California 92660 Dear Mr. McIlwain: November 2, 2007 This is in reply to your application (File No. SPL-2007-1332-YLC), dated August 28, 2007, for a Department of the Army Permit to conduct maintenance dredging, per Regional General Permit No. 54 in Newport Bay, Newport Beach, Orange County, California (as shown on enclosed maps). This letter authorizes maintenance dredging bayward of 443 Harbor Island Dr. Applicant Site Address Volume Beach Disposal Ocean (Cubic Disposal Yards) Steve McIlwain 443 Harbor Island Dr 183 183 cubic yards 0 120 linear feet Based on the information you have provided, the Corps of Engineers has determined that your proposed activity complies with the terms and conditions of Regional General Permit (RGP) No. 54. As long as you comply with the general permit conditions of RGP No. 54, an individual permit is not required. A general permit does not grant any property rights or exclusive privileges. This letter of verification is valid until October 4, 2011. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, State, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Yvette Cardenas at (213) 452-3418. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web -based customer survey form at: htlp://-per2.pwp.usace.ariny.mil/survey.html. Sincerely, % O_!bJ6'("M Mark Durham Chief, South Coast Branch Regulatory Division Enclosure �� i%1 / t\ \d; A��. .•�-. � �._ - ice.% � i%� `' ._I / • ci V �VE-3 r� ae � QQ n� C 4f h (- CITY OF NEWPORT BERCH CITY OF r HT S S- kuT BRYIn i% �' r 6 rr n S BRY J It )UT YICINITY MRP XTTY g = USTiL i 44' /s3Ck �s SfliJtyDINGS ARE EXPRESSED IN FEET fiPtD I�NOTE ELEVATIONS BASED ON MEAN LUAU LOW WATER, dln: s�ollt4 Y— /6 frDsr �'� C.o 3T-Acaa) EEL GRASS INSPECTION Eeigrass within 15' of project 3 Eeigrass within 15 - 30' of project �q E,ekirra�q in project area M9 v ST/,' E-OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION. South Coast Area Office 200 Oceangate, Suite 1000 tl°' Long Beach, CA 90802-4302 September 10, 2007 (562)590-5071 Mr. Tom Rossmiller City of Newport Beach/Division of Harbor Resources 829 Harbor Island Drive Newport Beach, CA 92660 Subject: Condition Compliance — Coastal Development Permit 5-06-117 & Conformance with Consistency Certification CC-031-06 - DREDGING Dear Mr. Rossmiller: Commission staff have received information submitted as evidence of compliance with Coastal Development Permit 5-06-117, and/or as evidence of conformance with Consistency Certifications CC-031-06 for the following sites in the City of Newport Beach: Applicant Site Address Beach Ocean Cumulative Eelgrass Comments Disposal Disposal Total* for Present Qty' Qtyt 2007 between 15 - (cu.yds) (cu.yds) 30 Feet of disposal footprint? Dougherty, Brian 532 Via Lido Nord 46 0 No Eelgrass survey 8/15/07 (expires 3/1/08); Caulerpa survey 8/15/07 ex ires 11/13/07 Mcllwain, Steve OR"' 443 Harbor Island Drive 183 0 No Eelgrass survey 6/28/07 (expires 10/26/07); Caulerpa survey 6/28/07 (expires 9/26/07 Turton, Kelly 135 N. BayFront 240 0 No Eelgrass survey 6/28/07 (expires 10/26/07); Caulerpa survey 6/28/07 (expires 9/26/07 Sub -total 469 0 Year-to-date total 5402 Commission staff have reviewed the information submitted and determined that the above referenced dredging events conform with Consistency Certifications CC-031-06 and the Special Conditions of Coastal Development Permit 5-06-117. Please note that the eelgrass and Cauletpa taxifolia surveys completed are only valid for a limited time period and that additional surveys must be completed and submitted to Commission staff for review if the dredging and beach nourishment events listed above do not commence prior to expiration of the initial survey. In addition, please note that this authorization shall expire on October 23, 2011 and that all authorized work must be completed prior to that date. Please be advised that only the. projects described in the materials submitted for_the. sites listed above -have been found to conform with Consistency Certification CC-031-06 and/or conform with the terms and conditions of " Coastal Development Permit 5-06-117. Any change in the projects may cause them to lose their status as consistent with CC-031-06 and/or CDP 5-06-117. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a new determination regarding conformance with CC-031-06 and/or CDP 5-06-117, is obtained. Not to Exceed 1,000 cubic yards per dredging and beach disposal event t Not to Exceed 1,000 cubic yards per dredging and off -shore disposal event $ Not to Exceed 20,000 cubic yards per year Condition Compliance - 5-99-282 Consistency Certification Compliance — CC-078-99/CC-077-01 Page 2 of 2 If you have any questions, please contact me at (562) 590-5071 or Mr. Mark Delaplaine at (415) 904-5200. Sincerel IL__, - Karl Schwing Supervisor, Regulation & Planning, Orange County Area Cc: Mr. Mark Delaplaine, California Coastal Commission Mr. Dan Swenson, U.S. Army Corps of Engineers CITY OF NEWPORT BEACH HARBOR RESOURCES August 28, 2007 California Coastal Commission Attn: Karl Schwing 200 Oceangate, STE 1000 Long Beach, CA 908024416 Army Corps of Engineers Attn: Dan Swenson 915 Wilshire Blvd. Los Angeles, CA 90017 Santa Ana Regional Water Quality Control Board Attn: Adam Fischer 3737 Main Street, STE 500 Riverside, CA 92501-3348 RE: Regional General Permit No. 54 — Dredging Application Submittals Enclosed is the recent monthly batch of dredging applications for your approval, per the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC-031-06, the Army Corps of Engineers Permit No. 54 (File No. 200501233-DPS) and the Regional Water Quality Control Board General Certification Permit, $60 Regional Water Board check included for each application. All of these applications have been checked for accuracy and completeness as evidenced by the attached Dredging Application City Checklist. Thank you for your time in reviewing these applications. Please do not hesitate to call if you have any questions. Site addresses included 17 & 18 Bay Island- Fritz Duda 628, 630, 634 Via Lido Nord- Jane Farwell 532 Via Lido Nord- Brian Dougherty 443 Harbor Island Dr.- Steve McIlwain 135 N. Bay Front- Kelly Turton Sincerely, Lisa Walters Harbor Resources Technician (949) 644-3044 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/ HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DREDGING APPLICATION CITY CHECKLIST Applicant Name: Project Site Address: iLy-7j arJ �I Applicant address, phone number Agent & Contractor name, address, phone number (if applicable) W Project site address ® Assessor's parcel number N Dredge site latitude and longitude ICI Disposal site: 14 Beach disposal latitude and longitude ❑ Ocean disposal LA-3 Purpose and final goal of dredging Method of dredging. Vessel and equipment description. D9 Vessel(s) Captain, Dredging & Disposal Inspector CK Cubic yards dredged and disposed ( must be less than 1,000 cy.) N Area impacted (in acres) If beach disposal, linear feet of affected beach area Dredging and Disposal Operations Schedule ® Scaled drawings (plan view and cross sectional view) I Site address Location within the Harbor 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644-3034 FX: (949) 723-0589 •Website: www.newport-beach.ca.us/HBR/ Dredging Application City Checklist Page 2 EK Location of existing dock structures D9 Location of existing dock structures on adjacent properties IN Location of Bulkhead, Pierhead and Project Lines ® Dredge depth (limited to -7 MLLW with a l' allowable overdraft) ® Photo(s) of dredge and disposal areas at low tide (including 30' buffer area) CAI Eelgrass Survey '1 Survey for presence of eelgrass within 30' of the entire project area ❑ Yes No Eelgrass within 15' of entire project area. Project not permitted. ❑ If ocean disposal and eelgrass is located greater than 15' from the project area, then no further monitoring required If beach disposal and eelgrass is not located within 30' of the project area, then no further monitoring is required ❑ If beach disposal and eelgrass is located between 15' and 30' from the project area, then pre- and post -monitoring is required ❑ Pre -monitoring survey attached ❑ Post -monitoring survey attached. Date submitted: M Eelgrass Stamp ® Caulerpa Survey N Survey for Caulerpa within 30' of the entire project area Grain Size Analysis ® (1) sample per 1/ acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) Beach disposal: N Sample(s) must be at least 80% sand, or; ❑ At least 75% sand and within 10% of the sand content of the receiver beach ❑ Ocean Disposal: ❑ Sample(s) must be less than 80% sand ® Project is over (check one box): CA City Tidelands Dredging Application City Checklist Page 3 ❑ County Tidelands (State Lands Commission Dredge Lease Approval) ❑ If applicable, check one box: ❑ The Irvine Company owner's approved area ❑ Bay Island owner's approved area ❑ Dover Shores owner's approved area ❑ Linda Isle owner's approved area ® Check made payable to The City of Newport Beach K Check for $60 made payable to Santa Ana Regional Water Quality Control Board Signed application ® Neighbor notification POST DREDGING ❑ Post Dredging Report. Date submitted: ❑ Post eelgrass monitoring (if applicable) HARBOR RESOURCES DIVISION v.6-22-07 829 Harbor Island Drive Newport Beach, CA 92660 (949) 718-1844 Fax (949) 723-0589 www.newport-beach.ca.us/hbr DREDGING APPLICATION Regional General Permit 54 CDP 5-06-117 & CC-031-06 Corps File No. 200501233-DPS Water Board Consistency Permit Valid Until October 4, 2011 Applicant Name, Address, Phone Number: e— c %wczr:� iy°18'92-/Y3s Ll y 3 Iloe- bore /a A nJ 02 fvd-w P Drt 6zac11, C/9%z66CJ Agent & Contractor Name, Address, Phone Number (if applicable): Po �'3ex k198,s F�f9 �a 1 b aa. is la•+� C� �Z6 6 'Z Project Site Address: Assessor's Parcel Number: 'I'f 3 14a 6.o Is (e 4p- ©SO y `7/ 7&- Dredge Site: Latitude I /Z; 3 ° 3�. 79� Longitude to Disposal Site Beach Disposal: Latitude S w� Longitude S.9� f- Ocean Disposal (LA-3): Latitude 33° 31' 00" Longitude 117° 53' 30" Purpose and Final Goal of Dredging (Effect on Bulkhead and Beaches): n 4. p/er(]n- t,�eSSe 2a&L�,CtR-2 KesTOk.Q S'4K� 7b 6e0.G 475 .e K r S A &-Cl b i, I k h Regional General Permit 54 Dredging Application rage z Method of Dredging (Hydraulic, Clamshell, Tractor etc...), Vessel and Equipment Description: y 0 kaw 1" c su c. h, r, d - �: // X ea,�y Vessel(s) Captain F;� /-te It Si 1-e Dredging Operations Inspector C' ocu Disposal Operations Inspector c Cubic Yards Dredged and Disposed (Must be less than 1,000 cy. total): !rr3 Area Impacted (in acres): If Beach Disposal Is Used, Linear Feet of Affected Beach Area: —,o—e—(,1 Acres 'Zv Linear Feet Estimate of Quantity of Material Dredged From or Disposed Onto the Site From Previous Activities: /2/u,ti,c i n a.s' -t a 2 S Dredging and Disposal Operations Schedule: aekm xy Q p6vgoilJ^- O 7 o-c ,Sam d Please submit the following on a separate page. Use the check boxes to ensure a complete application is filed. Incomplete applications will not be processed. I✓ Scaled drawings of the project and disposal areas (plan view and cross sectional view) Site address [ Location within the Harbor I Location and physical dimensions of existing structures on subject site (e.g. float, pier, gangway, pile and bulkhead) �i✓ Location and physical dimensions of existing structures on adjacent properties r� Location of Bulkhead, Pierhead and Project Lines r. Dredge depth (limited to -7 MLLW with a F allowable overdraft) Photo(s) of entire dredge and disposal areas at low tide (including 30' buffer area), with emphasis on eelgrass Regional General Permit 54 Dredging Application / Page 3 r+r Eelgrass Survey - Completed by a Certified Eelgrass Diver A. Survey for the presence of eelgrass within 30' of the entire project area (dredge and disposal site) B. If eelgrass is within 15' of project area, then the project will not be permitted. (An Individual Permit must be sought.) C. If ocean disposal: • Any eelgrass must be located greater than 15' from project area • No further eelgrass monitoring is required D. If beach disposal: • If eelgrass is not present within 30' of the project area, then no further monitoring is required • If eelgrass is present between 15' to 30' of the disposal project area, then pre- and post -monitoring is required. See Harbor Resources website for pre - and post -monitoring requirements www.newport-beach.ca.us/hbr Caulerpa Survey - Completed by a Certified Caulerpa Diver A. Survey for Caulerpa within 30' of the project area (dredge and disposal site) I. Grain Size Analysis A. (1) sample per'/4 acre and / or at least (1) sample at dredge site and (1) sample at beach disposal site (if applicable) B. If beach disposal, sample(s) must be at least 80% sand Ft- Project is over (check one box): [- City Tidelands F County Tidelands (State Lands Commission Dredge Lease Approval) F- If applicable, check one box: F The Irvine Company owner's approved area F Bay Island owner's approved area Dover Shores owner's approved area Linda Isle owner's approved area 1: F Check made payable to The City of Newport Beach (See Harbor Resources website for / appropriate fees) Check for $60 made payable to Santa Ana Regional Water Quality Control Board Project areas at the Rhine Channel, Newport Island, Promontory Bay, the West Lido Channel or from within 1,000 feet in any direction from the 15 th Street public pier are not eligible for dredging under this Permit. Regional General Permit 54 Dredging Application Page 4 .__ ......... _ (Applicant / Agent), hereby certify that the information on this application is accurate and complete. I also certify that I have read the California Coastal Commission Permit 5-06-117 & Federal Consistency Certification CC-031-06, the Army Corps of Engineers Regional General Permit No. 54 (File No. 200501233-DPS) and the California Regional Water Quality Control Board General Certification for Regional General Permit No. 54 for maintenance dredging in Newport Harbor and that I will comply with all of the conditions in those permits. I also certify that by acceptance of this Permit, the applicant acknowledges and agrees that the site may be subject to hazards from waves and erosion. I will further hold the City of Newport Beach harmless from and indemnify the City against any claim for damages arising out of the exercise of these permits. In addition, I shall reimburse the City of Newport Beach for all attorney's fees and other costs expended by them in defending any claim, lawsuit, or judgment arising out of the activities of the applicant carried on under the authority of such Permit. I understand that any work authorized must be completed by October 4, 2011 after which a new authorization is required. I also understand that the applicant will submit a Post Dredging Completion Report no later than 30 calendar days after completion of each dredging project. All work scheduled to be completed before 7:00 AM or after 6:00 PM (Monday - Saturday) or on Sundays or holidays must be approved by Harbor Resources. Per the RGP Permit, all dredging applications will be processed by the various agencies through monthly batch submittals sent to them by Harbor Resources. Therefore, all dredging applications must be submitted to and received by Harbor Resources by the I'Monday of every month Applications submitted prior to this deadline are encouraged and appreciated. Applicant and / or Agent Signature General Information for RGP #54 Contractor: Mark Sites dba Intracoastal Dredging Service, (949) 675-1071 Email: marklsites@yahoo.com License Information: California State Contractor #460235 Classification: "A" (General Engineering),"HAZ"(Hazardous Remediation) Equipment: Shop built, 6", plain suction, 110 horsepower, hydraulic dredge, 22' X 11'. Operator: Mark Sites Experience: 1982 to present on above equipment Other: No barges or tugs are used. Typically, sand is pumped through a plastic pipeline to a nearby beach disposal / restoration site. PRCTFTc o C�-RA, w - JhmT VICINITY MRP ' ' � I LE � e�.� �K �s NDfw MY' SOI.�IDINGS ARE EXPRESSED IN FEET ANC DENOTE ELEVATIONS BASED ON WFN LOULOW WATER, >Rec�gln -ZO�Os' ���d61&'o�cRB EEL GRASS INSPECTION ❑ Eeigrass within 15' of project 7 Eelgrass within 15 - 30' of project � P Eelgrap in pe--�roject area Signature M Inspection Date & Time ,ri ft r I I j rim MBC SAMPLE ANALYSIS SUMMARY STATION LOCATION: 443 Harbor Island Drive SAMPLE COLLECTION DATE: 8/7/2007 TEST METHOD: Sieve Analysis: Method 2 (Plumb 1981) COLLECTED BY: Intracoastal Dredging ANALYSIS START DATE: 8/8/2007 A B DREDGE SITE RECEIVING BEACH Total Dry Weight of Sample: 45.47 grams (g) 222.80 grams (g) Analysis Weight (Split Wt.): 45.47 g 56.97 g Visual Description: A light brown/gray fine sand A light brown/gray fine sand with some shell hash. with some shell hash. Fraction Fraction Fraction Fraction Weight % of Total Weight % of Total Gravel / Shell Hash Fraction: 0.45 g 1 % 0 g 0 % >2.Omm (> -1�) #10 Sieve Sand Fraction: 43.88 g 97 % 56.29 g 99 % <2.Omm >0.063mm ( < -1 � > 4�) #230 Sieve Silt / Clay Fraction: 1.14 g 2 % 0.68 g 1 % <0.063mm (< 4 �) Outline of sample collection and analysis: COLLECTION Samples collected by a hand coring device driven into a representative area of the dredge site and receiving beach. Stored in plastic containers and immediately delivered to the lab. SAMPLE PREPARATION Entire sample transferred into 1 liter glass containers, deionized water added, and mixed to desalt and disperse the sediment. The sediment is allowed to completely settle and the clear water is removed by siphoning. The sample is placed in a drying oven at 500C and occasionally stirred until the entire sample is completely dry. The dry sample is transferred to a desiccator for cooling. The sample is disaggregated and a Riffle sediment splitter is used to evenly split the sample to reduce the quantity of material to be analyzed to an allowable retention weight for the sieves. SAMPLE ANALYSIS The dry split fraction is processed through a # 10 U.S. standard sieve to remove the gravel/shell fraction of the sample. The material retained on the sieve is weighed and value recorded. The material passing through the # 10 sieve is wet sieved through a #230 sieve to remove the silt/clay fraction. The material retained on the sieve is transferred back into the glass container and placed back into the drying oven at 50°C. The remaining sample is allowed to completely dry and the material is weighed and recorded to yield the sand fraction. The silt/clay fraction is calculated by subtracting the gravel/shell and sand fractions from the total analysis weight. MBC Applied Environmental Sciences, 3000 Redhill Avenue, Costa Mesa, CA 92626 v Eelgrass Survey Reporting Form (Version 1.0, June 20, 2003) This form is required to be submitted for any surveys conducted for the eelgrass, Zostera marina, that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers and the Coastal Commission. The form has been designed to assist in identifying eelgrass while ensuring that the required information is consistently documented. Surveys required to be conducted for this species are subject to modification through publication of revisions to the eelgrass survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service, (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Site Name: 443 Harbor Island Drive, Newport Beach common reference Survey Contact: Lark name, phone, e-mail) Sites 949 675-1071 Permit Reference: ACOE Permit No., RWQCB Order or Cert. No.) RGP #54 ydrographic System: bay, estuary, lagoon, or arbor) Lower Newport Harbor Specific Location: Lat./Long., datum, N 33 36.795' ccuracy level, attach W 117 54.022' electronic survey area map if possible) Was Eelgrass Detected: Yes, Eelgrass was found at this site. XXXX No, Eelgrass was not found at this site. Description of Permitted Work: Maintenance dredging for existing dock. describe briefly the work to e conducted at the site under e permits identified above) Description of Site: epth range: describe the physical and +3' to —7' MLLW biological conditions within e survey area at the time of e survey and provide insight rrto variability, if known. lea se provide units for all lumerical information). Substrate LYP e: Sand to silt over sand Temperature: 64 F Salinity: NA Dominant ora: Blue-green algae Dominant fauna: Mussels on pile and dock floats. Exotic species encountered: None Other site description notes: None Description of Survey Survey date Effort: and time June 28, 2007 1620-1645 lease describe the surveysperiod.- conducted including type of urvey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density estimated percentage of the ottom actually viewed). Describe any limitations encountered during the survey efforts. Horizontal visibility in 3' water: Survey type SCUBA survey using 7 transects parallel to the d methods: seawall with approx. 10' spacing. Disposal site ewed dry at low tide. Su rvey personnel: ark Sites Survey ensi : Over 70% Survey None Other Information: use this space to provide any additional information or flood tide eferences to attached materials such as maps, d aerial attached reports, etc.) Eelgrass Survey Reporting Form (version 1.0, 6/17/03) �:-����'Jj :;� %' •.p Q--Jl_-.'/ a •.. .. -- ,, ,;, .:, -- -: _,• - ,L \\`� y'r♦ J!fc �`.%. /:1' l� _,''ii;'i) �;'' �P [IiIA1A� IL cl U � � ° J9 C•.1' Z � J ... . ...... %�� � J n � \ �_.. _ -.`! / •.,. �� 1. �•_ .- - - _ �..'� R � ice!^ 9 � !/�' \ .. ♦ -- _,+.� t1�1i±jam R �,�_ )V N�• _ ., 1� °a .�� _ NFED E-a It � j ��C $ a o } s3F� r' J V n 44 IJ in L_ �) C-V � � •` N� � a t W + i m n �; � � �\. try `.:�\? • �� 0� �� • '° w O y 14� o 0 h ` 2 N / �o � � 0 CITY OF NEWPORT BERCH 5 CITY OF NDOWT BEMH MST Nsf%T © s • r \ \�• // MY i ial Bf�BOR �, y t �'dy' (v e . � r T ,` ISIA iD 5 PACIFIC O CAN HST Y I C I N I TY MRP �rrY r PROFILE 1`= 40' /83 cKV CIS ►ate ter, cAtFaacn+, SOIMINGS RRE EXPRESSED IN FEET Re XNOTE ELEVATIONS BASED ON MEAN LOWER LOW WATER. C ,o IV k-U) Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa 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, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department of Fish & Game, (858) 467-4218). Report Date: July 2, 2007 Name of bay, estuary, lagoon, or harbor: Newport Harbor Specific Location Name: (address or common reference) 443 Harbor Island Drive Site Coordinates: (UTM, Lat./Long., datum, N 33 36.795' accuracy level, and an W 117 54.022' electronic survey area map or hard copy of the map must be included) Survey Contact: (name, phone, e-mail) Mark Sites 949 675-1071 Personnel Conducting Survey (if other than above): (name, phone, e-mail) same Permit Reference: (ACOE Permit No., RWQCB Order or Cert. No.) ACOE RGP #54 Is this the first or second survey for this project? first Was Caulerpa Yes, Caulerpa was found at this site and Detected?: (if Caulerpa is found, please immediately has been contacted on date. contact NOAA Fisheries or CDFG personnel identified XXXXXXXXX above) No, Caulerpa was not found at this site. Description of Permitted Work: (describe briefly the Maintenance dredging work to be conducted at the site under the permits identified above) Description of Site: Depth range: +3' to —7' MLLW (describe the physical and Substrate type: Sand to silt over sand biological conditions within the survey area at the time of the survey and provide insight into Temperature: 64 F Salinity: NA Dominant flora: variability, if known. Please provide units for all numerical information). Blue-green algae Dominant fauna: Mussels on dock floats and pile Exotic species encountered (including any other Caulerpa None species): Other site description notes: None Description of Survey Survey date and Effort: time period: June 28, 2007 1620-1645 (please describe the surveys Horizontal conducted including type of visibility in water. 55 survey (SCUBA, remote video, etc.) and survey methods employed, date of work, and survey density (estimated percentage of the bottom actually viewed). Survey type and methods: Surveillance level SCUBA survey using 7 transects parallel to seawall with approx. 10' spacing. Disposal site was viewed dry at low tide. Describe any limitations Survey personnel: encountered during the Mark Sites survey efforts. Survey density: Over 70% Survey limitations: None Other Information: (use this space to provide +3.9' MLLW flood tide additional information or references to attached maps, reports, etc.) Drawing and aerial attached Caulerpa Survey Reporting Form (version 1.2, 10/31/04) CITY OF NEWPORT BERCH CITY OF NEWPORT 8EFjCH BRY f \ BRY ! (� PAcrF�c o > c RNPUT l , YICINITY MAP 'EM �.PROF i LE i 0 Js ' n DINGS ARE EXPRESSED IN ER ANDELEVATIONS BASED ON MEAN L LOW DENOTE adz-• . OR-a7�� CITY OF NEWPORT EERCH 4 Q. CITY OF NEWM Mai 1�SfTPERA y ? j BRY 1 f aim WEST YICINITY MRP RST� PROFILE 1' = 40' MMINGS RRE EXPRESSED IN FEET RND DENOTE ELEVRTIONS BRSED ON MERN LOWS LOW WRTER. lxoPE �� �o a temov-e- �X,'s¢�'�,� r/o,�rt" EEL GRASS INSPECTION C�q, yw,4 y , ins 61 �✓ ��0�1- G9 r�vq� NO EEL GRASS WITHIN 15' OF I l'n3.1.6-1 l D EEL GRASS IN THE PROJECT SIGNATURE PMNT# ul IV iKif P�P� Pl ie. F o"�,- ive W y ,X H , GA,fw*Y Gob e yew t.z" ,°"te - - HARBOR RESOURCES DIV. CITY OF NEWPORT REACH 9' p�i r� e �,geS To PO AM PLAN VIEN. 1' - 40' R4LICANT'S WMES cjLeq' 1 JOB RDDRESS DATE ,�o 0 N O O O �d cra O i-r� HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 Pier Permit Conditions August 9, 2004 Property Address: 443 Harbor Island Dr. With reference to the plans currently under consideration to reconfigure or modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Beach Municipal Code. The pier permittee understands that the above referenced pier is under the purview of these policies and codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to the dock system may require new conditions which may override or change these conditions. 4. Only marine oriented uses are allowed on the pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 5. Your side property lines extend in the water along their same bearing. 6. A vessel may not extend beyond the end of the float by more than the width of its beam. This applies to vessels side tied on the northernmost side of the float that is parallel to the property line and to vessels on the outer, bayward most facing portion of the triangular float. 7. The maximum beam of a vessel that is permitted to side tie on the northernmost side of the triangular float that is parallel to the property line is 9'. Signature: 010,111 1✓111 "4Y I L 9/o y Chris Miller, Harbor Resources Supervisor Applicant Signature Print Name Joint Pier Applicant Signature (if applicable) Print Name DEC-?-RW4 14:47 FROM; SWIFTSLIPODCK. CON C949) 631-3122 TO;18007493116 P.2 �r August 9, 2004 HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-30341 Fax 949-723-0889 Pier Permit Conditions Property Address: 443 Harbor Island Dr. With reference to the plans currently under consideration to reconfigure of modify the dock system, the following conditions will now be in effect on the above referenced pier. 1. The pier permittee is aware of the Harbor Permit Policies and Chapter 17 of the City of Newport Search Municipat Code. The pier pe?rnittee understands that the above referenced pier Is under the purview of these policies and codes. 2. Any future work on the above mentioned pier requires permits with the City of Newport Beach and any other applicable agencies. Painting, replacement of rub rails and work considered to be cosmetic in nature does not require a permit. 3. The conditions set forth in this document pertain to the current, proposed dock system under consideration. Any future modifications or alterations to. the dock system may require new conditions which may override or change these conditions. 4. Only marine oriented uses are allowed on tho pier, pier platform, gangway and float. Patio furniture, plants etc ... are not permitted. 6.. Your side property lines extend in the water along their same bearing. 6. A vessel may not extend beyond the end of the float by more than the width of Its beam, This applies to vessels side tied on the northernmost side of the float that is parallel to the property line and to vessels on the outer, bayward most facing portion of the triangular float. 7. The maximum beam of a vessel that is permitted to side tie on the northernmost side of the triangular float that Is parallel to the property line Is 9'. Miller Supervisor l It'�' Joint Pler Applicant Signature (If applicable) Print Name AUG-5-2004 15:47 FROM:SWIFTSLIPDOCK.COM (949) 631-3122 TO:7230589 P.3 Ul/lj(:d U4 uj:4zl 7471LJL4y4 rewac uc Vol a4. 42 9492232d94 PAGE 03/04 JUrl-a-26B9 �nai FRDM:b�►I�.c�Orl t9a9i 631-31r TO118M,43if5 P,3 'CITY OF NEWPORT BEACH girf a !11'' 1 r to i#It �r a men ar FttT �xl'swop Our Pilo f:�f- �'I•: pl i"'ll file.. ,vew 3'KZa `dMgYL" ,mow y �xq'�w alIe_ _.� mow,,► ii�� �,t� as �wtom t PLAIN V il# 1' 40, RUG-5-2004 15:46 FROM:SWIFTSLIPDOCK.COM C949) 631-3122 TO:7230589 P.2 a // 13/;M4 UJ: 4J �J4JZZJ14J4 r-Hur- va d.vLPy 014:42 9492232494 PAGE W N AN-84W IS: 21 FKHtV IFT'SLIRUOC ,MM (9493 631-.7in 7U:18M493116 P.2 r SFTSLJP Dock and F*r BWtdrrs, int. 2027 PlSMO AV*nUe COMO Uesi, CA 92627 n.x99F 201-3122ew.1b b r,net dt�srgrl l qAg!► !a tha ' t � _....,,."a 443 rbvr & �'of the � thartd +af Harb�ar X Ve% su d J �� -ro— f—o u. o JJ rAI4 Co Af-P AJo Rk Tv JSJr --DoNF Alr ova Go al .. All LL 6 W 149-L:> 14.410,An b&'"XS v F AL 4 iAntl 4 i 'ry. Wow 'TE T) o A/ j I ,% a-y 2A-rJS . HARBOR RESOURCES DIVISION 829 Harbor Island Drive Newport Beach, CA 92660 949-644-3034 / Fax 949-723-0589 APPROVAL IN CONCEPT APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH as required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Sections 13210 and 13211. General Description of Proposed Development: Remove existing float and gangway. Install new float and gangway and 4' x 4'gangway lobe with 1 12" pile. Install 2 14" pile for float. Address number must be stenciled on 1 bayward facing pile. Pier conditions must be signed by applicant prior to final approval. jProperty Address: 443 Harbor Island Dr. Legal Description: Harbor Permit Number: 132-439 Plan Check Number: 1347-2004 pp scant: Steve McIlwain Applicant's Mailing Address: 443 Harbor Island Dr, Newport Beach, CA 92660 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, Zoning Ordinance, Subdivision Ordinance 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 Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act or 1970, and state and local guidelines adopted thereunder, this development: )(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 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 conditions to the pier permit. Tom Rossmiller, Manager, Harbor Resources A✓7 % ni& Chris Miller, Harbor Resources Supervisor August 9, 2004 Attachments: Worksheet for Building Permit Application Drawing Pier Conditions Page 2 of 2 WORKSHEET FOR BUILDING / FIRE PERMIT APPLICATRAiRBOR RESOURCES ON, CITY OF NEWPORT BEACH CITY OF NEWP&STS CH' ' PLLA5t PKIN I UK I YPL 1. PROJECT ADDRESS (NOT MAILING ADDRESS) --� FLOOR SUITE NO. ,lq3 �Ar6litoe ,LEGAL DESCRIPTION No. UNITS LOT BLOCK TRACT 2. DESCRIPTION OF WORK NEW ADD ❑ r�M Check Appropriate Box ALTER ❑ DEMO ❑ USE rnOOt2 (3,o4- # OF STORIES VALUATION $ SQ FT (NEW/ADDED/EXTG) ❑ 3. OWNER'S NAME /ST ``A/ - A FIRST' / . (! TZ f17� OWNER'S ADDRESS,/ OWNER'S E-MAIL ADDRESS CITY STATE ZIP C7155Y�� PHONE NO. 43 ( • 3 / z / ❑ 4. ARCHITECT/DESIGNER'S NAME LAST FIRST LIC. NO. ARCHITECT/DESIGNER'S ADDRESS ARCHITECT/DESIGNER'S E-MAIL ADDRESS CITY STATE ZIP PHONE NO. ❑ 5. ENGINEER'S NAME LAST FRS-$ STATE LIC. NO. ENGINEER'S ADDRESS 5-©0 V t �- �; L9 of w;l - ENGINEER'S E-MAIL ADDRESS CITY � STATE n ZI 0.0p PHONE NO. ❑ 6. CONT TOR'S 0 o xc U INESS LIC. q0 (j,>,?,73 STATE LIC. No. 7 ! 76S class CONTRACTOR'S ADDRESS�� I �CO�� COX OR'S E-MAIL ADDRESS CITY T TE �� ZIP PHON OFFICE USE ONLY PERMIT NO. TYPE OF CONSTRUCTION PLAN CHECK NO. ZLj� PLAN CHECK FEE $ OCCUPANCY- GROUP �(/ PLAN CHECK ENG. el. V r . INSPECTION FORM Harbor Resources Department Date: 5 I Inspection Requested By: Inspector: Don Duffy Pier Address: T'S lcrn c/ 0/- Pier Transfer Reinspection GFI Present Yes Need None Needed Yes Need Anti -Siphon / Backflow Present Other Comments Eelarass Yes No Present ,�,,x0 '�t 11 c3 d imp Out Pier Location Yes No Operational Recommended Action Encroachmenet Address of Complaining Party Boat Description CF Number Location on Dock Comments / Observations Other Request CITY OF NEWPORT BERCH 4& CITY OF NEWPORT BEACH I UPPERERY A N 1 i r. `1 1+ PACIFIC O CERN VICINITY MRP low we G%vM0 m _ WEST PROFILE 1' = 401 . RTry SOUNDINGS ARE EXPRESSED IN FEET AND DENOTE ELEVATIONS BASED ON rE.fNl LOWER LOW LITER. oPE OF W,04ete'"Vt fx i s��'n� i/a4lr EEL GRASS INSPECTION GM+FwAt� . ins P10 4T � 6A-"9 W# y � NO EEL GRASS WITHIN 15' OF PAC JEC' `('k I Z �' l �' "5' 1 D EEL GRASS IN THE PROJECT AR �/off Z-! y Pe P, If A California Coastal Commission Z SIGNATURE South Coast District Office I � ��� APPROVED T# WE Permit No - ti- By. - -- -- - ---- -- ------ HARBOR RESOURCES DIV. r=Ecl'r CITY OF NEWPORT BEACH � � x Pie: � a-�L� -- - , h,- I MA'r �1 P,1e. 9► 5 1 ley F 0, 'r ivew 3IxzN'��" ,rcW ,XH "404w"y hie New I t " to,, I e — 2 �X►�`x9A��ro��eS Nei PLAN VIEW 1' = 40' 1FAMW'S NIK S e C jl k) �I JOB ADDRESS—f 3 Ts X- mTE r-1 f 'D y OF-CALIFORNIA —THE RESOURCES AGENCY yj� ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT PO Box 1450 200 Oceangate, 10th Floor LONG BEACH, CA 90802-4416 www.coastal.ca.gov Date: November 30, 2004 Permit No. 5-04-329 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on October 27, 2004 and was reported to the Commission on Thursday, November 18, 2004 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. Sincerely, PETER M. DOUGLAS Executive nnirector By: MEG VAUG Coastal Program Analyst dt CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA - THE RESOURCES AGENCY Arnold Schwarzenegger, Govemor CALIFORNIA COASTAL COMMISSION South Coast Area Office Permit Application No. 5-04-329 200 Oceangate, Suite 1000 Date: October 28, 2004 4*Long Beach, CA 90802-4302 (562) 590-5071 Th 3 e Page: 1 of 6 ADMINISTRATIVE PERMIT APPLICANT: Puna Mcllwain PROJECT DESCRIPTION: Modify an existing boat dock by replacing the float and gangway, and adding a new gangway platform. The resultant configuration will be a triangular float that is 40' by 28' by 20', a 3' by 24' gangway and a 4' by 4' gangway platform attached to the existing pier (no changes to pier). One new 12" diameter concrete pile is proposed to support the gangway platform and two new 14" diameter steel piles are proposed to support the float. PROJECT LOCATION: 443 Harbor Island Drive, Newport Beach, Orange County EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on subsequent pages. NOTE: P.R.C. Section 30624 provides that this permit shall not become effective until it is reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Sheraton Los Angeles Harbor 601 South Palos Verdes Street San Pedro, CA 90731 (310) 519-8200 IMPORTANT - Before you may proceed with development the following must occur: Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED WITH DEVELOPMENT YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE NOTICE O PETER DOUGLAS Executive Di ector y: eg Vaughn Title: Coastal Program Analyst 5-04-329 Mcllwain Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. 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 term or condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: See pages 4-6 EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an Administrative Permit. Subject to Standard and Special Conditions as attached, said development is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976 and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. If located between the nearest public road and the sea, this development is in conformity with the public access and public recreation policies of Chapter 3. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description and Background The applicant proposes to modify an existing boat dock by replacing the float and gangway, and adding.a new gangway platform. The resultant configuration will be a triangular float that is 40' by 28' by 20', a 3' by 24' gangway and a 4' by 4' gangway platform attached to the existing pier (no changes to pier). One new 12" diameter concrete pile is proposed to support the gangway platform and two new 14" diameter steel piles are proposed to support the float. The applicant is proposing to use epoxy coated steel piles to support the float. Steel piles are proposed in this case because the harbor bottom is comprised of shale. Concrete piles cannot be driven deep enough into shale for the' required' penetration necessary to adequately support the boat dock. The steel piles are proposed to be coated with NSP 120 epoxy, which the Commission has found to be an acceptable coating for such uses. 5-04-329 Mcllwain Page 3 The subject site is on an un-named channel located between Harbor Island Drive and Bayside Drive in Newport Harbor. The majority of harbor front, residential development in Newport Harbor is surrounded by private recreational boat docks. The proposed dock replacement is similar in function to other docks associated. with residential development in the immediate vicinity. The boat dock will be used solely for boating recreation ;purposes. , The site has-been surveyed by the City of Newport Beach Harbor Resources Division for eelgrass and no eelgrass was discovered within 15 feet of the project area. In addition, Special Condition 4 requires a Caulerpa taxilfolia survey not more than 90 days prior to commencement of construction. The surveys are valid for a limited period of time (until the next growing season for eelgrass and 90 days for Caulerpa taxilfolia). If construction does not occur within the respective time periods, subsequent surveys will be required. Special conditions 3 and 4 identify the procedures necessary to be completed prior to beginning construction in the case the surveys expire prior to commencement of construction. In addition, special conditions 3 and 4 identify post -construction eelgrass and Caulerpa taxifolia procedures. The nearest public access exists along the public walkway that rings Balboa Island approximately one quarter mile south of the site (Exhibit A). The proposed project has received approval in concept from the City of Newport Beach Harbor Resources Division (Harbor Permit No. 132-439). The proposed project has also received clearance from the California Regional Water Quality Control Board (RWQCB) provided standard dock construction methods and materials are utilized and that no waste is discharged from the proposed project. In addition, the applicant has applied for approval of the proposed project from the U.S. Army Corps of Engineers. B. Recreational Marine Resources The proposed recreational boat dock development and its associated structures are an allowable and encouraged_ marine related use. The project design includes the minimum sized pilings and the minimum number of pilings necessary for structural stability. There are no feasible less environmentally damaging alternatives available. As conditioned, the project will not significantly adversely impact eelgrass beds and will not contribute to the dispersal of the invasive aquatic algae, Caulerpa taxifolia. Further, as proposed and conditioned, the project, which is to be used solely for recreational boating purposes, conforms with Sections 30224 and 30233 of the Coastal Act. C. Water Quality The proposed dock work will be occurring on or within coastal waters. The storage or placement of construction material, debris, or waste in a location where it could be discharged into coastal waters would result in an adverse effect on the marine environment. To reduce the potential for construction related impacts on water quality, the Commission imposes special conditions requiring, but not limited to, the appropriate storage and handling of construction equipment and materials to minimize the potential of pollutants to enter coastal waters and for the use of on -going best management practices following construction. As conditioned, the Commission finds that the development conforms with Sections 30230 and 30231 of the Coastal Act. D. Public Access As conditioned, .the proposed development will not have any, new adverse impact on public access to the coast or to. nearby recreational facilities. Thus, as conditioned, the proposed development conforms with Sections 30210 through 30214, Sections 30220 through. 30224, .and 30252 of the Coastal Act. 5-04-329 Mcllwain Page 4 E. Local Coastal Proaram The LUP for the City of Newport Beach was effectively certified on May 19, 1982. The certified LUP was updated on January 9, 1990. As conditioned, the proposed development is consistent with Chapter 3 of the Coastal Act and with the certified Land Use Plan for the area. Approval of the project, as conditioned, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3 of the Coastal Act. F. California Environmental Quality Act (CEQA) As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging ,feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. SPECIAL CONDITIONS: 1. Construction Responsibilities and Debris Removal (a) No construction materials, equipment, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion. (b) Any and all construction material shall be removed from the site within 10 days of completion of construction. (c) Machinery or construction'materials not essential for project improvements shall not be allowed at any time in the intertidal zone. (d) If turbid conditions are generated during construction a silt curtain shall be utilized to control turbidity. (e) Floating booms shall be used to contain debris discharged into coastal waters and any debris discharged shall be removed as soon as possible but no later than the end of each day. (f) Non -buoyant debris discharged into coastal waters shall be recovered by divers as soon as possible after loss. 2. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water -borne berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. (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. 5-04-329 Mcllwain Page 5 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, ` 1 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 be disposed of in a proper manner and shall not at any time be disposed of in the water or gutter. (c) Petroleum Control Management Measures: 1. Oil absorbent. materials shall be examined at least once a year;and replaced as necessary. The applicant shall recycle the materials, if possible, or dispose of them 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. Boaters shall also use preventive engine maintenance, oil absorbents, bilge pump -out services, or steam cleaning services as much as possible to clean oily bilge areas and shall not use detergents while cleaning. The use of soaps that can be discharged by bilge pumps is prohibited. 3. Eelgrass Survey A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zostera marina) survey, shall be completed during the period of active growth of eelgrass (typically March through October). The pre -construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the,project area which would be impacted by the proposed project,'the development shall require an amendment to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eelgrass Survey. If any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in. consultation with the California Department of Fish and 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 5-04-329 Mcllwain Page 6 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. 4. Pre -construction Caulerpa Taxifolia Survey A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project"), the applicants shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasiv atga Caulerpa taxifolia. The survey shall_ include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicants shall submit the survey: i. for the review and approval of the Executive Director; and ii. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (562/980-4043). D. If Caulerpa taxifolia is found within the project or buffer areas, the applicants shall not proceed with the project until 1) the applicants provide evidence to the Executive Director that all C. taxifolia discovered within the project area and all C. taxifolia discovered within the buffer area have been eliminated in a manner that complies with all applicable_ governmental approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicants have revised the project to avoid any contact with C. taxifolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. ACKNOWLEDGMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing 5-04-329 Mcllwain noEGpls bt dk admn 11.04 my CITYPORTSERCH Cin OFme"T Duo T BRY � 1 PRCIPIc oc ERN MILE D FEU ET NOTE Y I iiY n�P � IP1a5 EXPO• tf-W LOU LN BITER. ►� ELEVATIDW USED ON EEL GRASS INSPECTT IOF PON R NO EEL GRASS WITHIN v pE wok ® G,�,'ry I 61 � - � EEL, GRASS IN THE PROJECT �AR �f Go 6e w ``�` ®� RE �. , Coastal Commission 2 Z' l � South Coast District Office APPROVED ® b .,�. Permit No - " --_ ------ HARBOR RESOURCES DIV. BY: ----------- --- CITY OF NE PORT BEACH FFECrt E �/�r,� � �� %°� (U �e------®® ®- P w N NF(o�i G� OX, p oAl a I PLAN dl vL JOB RDDf7E55 43 r ORANGE CO. - f> E ''-u--.�• 'le.. _ ti ,� r. � g /�/ / i ; a _.r °� ` r Av - �._ n _ _� ao. -,... r <IIM � � E O yF b �/� ". �•I .y�'Y i�� i � a tii G 1 � � (� cIc z � NO E3 n r AU (IN tUB A i�� i r�Gii a ,: HMV a 1ti AIRVI _ J � h ". rb ,� l''` 1 '' o� �0 -'. ...� �,•. sa A � P r �6., / � � ~�• •Lti�e�l� —' ^\ a .i`.w '.._�_ _=.rl •% 1Y 'fib i. ^D 5 ° , i �4�?rt�'\a i c ..oar nr :f�_,�y� ..,� _3' /a� ,�° r� a �'T� ,i3�s' '�aT' ,•'� _ `4 Hp. a'r$ �• + - -b �f.LxANI,.A l - OR ��r—�ry#---�•/`DR or �6a 7 A I � Nl C.. t ' "Y. �� � o �• OR r _ 5 BAY .a• 2'. y cow �tV YCYao Ice®® \ n_- y rTY,o '� �_ '"'- a � t t '.A �, _- •:` •Q '_ i., �.{- ram. '_'�`�•• i �'- f au Y- � ' - /1$ -xG�t G,n�\Jy+a.3y �. �a., ��✓F .' .. (=a e DR t 3�, 4 CA fr` o, Ti, n legit 4 t ` V r 1 S Y c'\ Y}`" ,^.6 VX . % �<C'c �e � } ��= 6 /w•^�. � ly '� � i ,s n:l= Y f s ,� f �L F,P�,v�°".+ .. -.. a "ow ZNT J 4!� f:+ �S'E' u� �E� 2 5€4-_____ �11tD RO ,�'- {� & o /¢ �/ O qp, ON o A . da €� - .. .. r 9oy9 -.R y� �;^. ?•z'Fr l F s �" t t, ,met § v _ � � V .°� ��� {y� � A ®�..rao i VARD AV 666 1M9:cA�� DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O BOX 532711 LOS ANGELES, CALIFORNIA 90053-2325 October 5, 2004 REPLY TO ATTENTION OF: Office of the Chief Regulatory Branch Swift Slip Dock and Pier Builders Attention: Beth Swift Contractor 2027 Placentia Avenue Costa Mesa, California 92627 Dear Mr. Swift: Reference is made to your request of August 12, 2004 (File No. 200401685-CLM). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to remove the existing 9' X 45' floating dock and 3' X 24' gangway and to replace it with a wedge shaped float of 40-foot by 28-foot by 20-foot, 3-foot by 24-foot gangway, and a 4-foot by 4-foot gangway lobe with one 12-inch pile for support and the float will have two 14" pipe piles in Newport Bay in the city of Newport Beach, Orange County, California, as shown on the enclosed drawings. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and will comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre -addressed envelope is enclosed). In addition, please use the two attached postcards to notify this office as to the dates of commencement (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Thank you for participating in our regulatory program. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch California Regional Water Quality Control Board Santa Ana Region 10 Terry Tamminen 3737 Main Street, Suite 500, Riverside, California 92501-3348 Arnold Sehwatzenegger Secrelaryfor (909) 782-4130 • Fax (909) 781-6288 Governor Environmental http://www.swrcb.ca.gov/rwgcb8 Protection j3Z-Cl3q June 2, 2004 Beth Swift Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Avenue Costa Mesa, CA 92627 PROPOSED REBUILDING OF BOAT DOCK, PUMA AND STEVE MCILWAIN, 443 HARBOR ISLAND DRIVE, NEWPORT BEACH, ORANGE COUNTY Dear Ms. Swift: If standard dock construction methods and materials are utilized, this project should not adversely impact water quality. A statement has been submitted that there will be no waste discharged from the proposed project. Based on these assurances, clearance is provided. However, should the Army Corps of Engineers determine that this project requires a Section 404 permit, it will be necessary for the project proponent to obtain from this Board a Water Quality Certification under Section 401 of the Clean Water Act. Should you have any questions, please contact J. Shami at (909) 782-3288. Sincerely, T ilomeno (Jun) T. Martirez, Jr., P.E. Chief, Regulations Section cc: California Coastal Commission, Long Beach Army Corps of Engineers — Erik Larsen City of Newport Beach, Marine Department - Tony Meller JIS/blutag216let . California Environmental Protection Agency ro Recycled Paper ''vRr%0ntET FOR POOL COMBINATION PERMIT APPLICATION CITY OF NEWPORT BEACH PLEASE PRINT OR TYPE BUILDING DEPARTMENT 1 • PROJECT ADDRESS (NOT MAILING ADDRESS) LEGAL DESCRIPTION LOT BLOCK TRACT 2. DESCRIPTION OF WORK SWIMMING POOL Check ADDRESS 44-5 1 box for 4. ENGINEER'S NAME SPA Lj S )Plicant LAST e,1E,l^,.�„,j STATE 60(-• ..� r . ESTIMATED $ VALUATION e e A- w°'�s FIRST OWNER'S E-MAIL ADDRESS =1VA- SST FII ADDRESS 1I®1 & " l�f EN �ITY `5V IT STATE :ONTRACTOR'S NAME i11 �Ti 4 felt e> BU; DDRESS 4 CON' STATE eA- ONL Y ��r�mll NO. PLAN CHECK NO. PA I D POOL P/C FEE $ APR 2 ?An( ! • `C �s IRAINAGE P/C FE6TY OF NEWPORT BEAC.' FormslPool spa appl (rev3-04).xls ZIP 41 Sal JESS LI� E ZIP 12&&D DRAINAGE � �pe'r �II F-,J, NO. LICENSE NO. 31306' PHOPHO p LNo TATELIG2pisnD ni. 1UNE NO. ±4-recy �c q PROTECTION FENCE (00" FROM NEI6HB0RS) NON CLIMBABLE 9 00 EXT. PIER GLOSI N6 s OUT H I NG, 1 � I . �1 36 H. GLASS f �3 FENCE I d� � I � 1 S' BOTTOM .OF A POOL O1 � 1 20'-p REQ'D I FRONT YARD 1 A (JNATER) 5FTEACK P-I. 0 5' BOTTOM OF POOL @ CENTER 1 INFINITY EDGE 1 I U.5.60V'T BULKHEAD I LINE ' 0 3BOTTOM OF I POOL 1 36 ' H. I (5LA55 FENCE 1 9� 0 EXISTING BULKHEAD �g 22l FS nose m GE menu MY other RM- �V Q� v� �a o---------------- o U 111 T 0 PROPER L IN,E m CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 January 11, 1995 Bill Feeney Waterfront Homes, Inc. 2436 West Coast Highway Newport Beach, Ca. 92663 Re: Harbor Permit 0132-0439-2 for 443 harbor Island Drive Dear Bill: Regarding a pier permit transfer for the property located at 443 Harbor Island Drive, the structure was inspected on December 30, 1994, at which time it was determined that it conforms to City standards. Once the Marine Department has received the original pier transfer application card, signed by both the previous owner, the new owner, and the signature of the joint owner, the pier permit will be transfered to the new owner. Sincerely, i es Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach r CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 December 14, 1994 Bill Feeney Waterfront Homes, Inc. 2436 W. Coast Highway Newport Beach, Ca. 92663 Re: Pier Inspection, 443 Harbor Island Dr. Dear Mr. Feeney: The Marine Department received a request to conduct an inspection of the pier and float bayward from the property at 443 harbor Island Drive. This was inspected on December 14, 1994. We cannot transfer the pier permit until the following deficiency have been corrected. 1. A City -approved anti -syphon device is required at the water connection for the water supply to the pier. 2. The electrical outlets on the dock must be either a GFI or twist lock receptacle. If you require additional information regarding this matter, please call 644-3044. Sincerely, i 4 LdWes `. Harbor Inspector 3300 Newport Boulevard, Newport Beach ox 'Posed it. �r • to 20 np (:;J?APHoe_ SCALE PCE7' sea,:! C_Iwec 2..4* 3 10 ***- J. ' IV ar_.% "V-- ' - 91 Irl-VAlf nip.51'rJ5' E ..a0 �10 �-.s VICINITY SKETCH W WILWPORT DAY, CALIFORNIA q j ' ; a A!b, a C-11 CF.'-W er,0k-drJJ CO',107 e24-17AAS baAaw "acrAv Z 4MOSIV-41 Z ow wdmedw a.A /0 ^4ffejF* 4WCp.-,b0.#- Z/,p7&.r of e eAjr mt?~A'0i_'00 'crerv. AC',�'l too0l,,- 70 7,9 70 7,01 A 7No. 32 - 7 IN 8 9 ti ep 59.45 3-9.4& 5 59. 4 /p. 5 ter Ing tio y sp 3 4_5'. .ALA A to ro t4PAP"tC SCALE FEET Id -34za lie 47? 'V C4 _:,ems' P_7_-;�,vf,rJ Tfih t. r JA* "01z"O'TE0 C-4,04 7- aL44 424alij_ .0 , , e-I 004MAL-P opw4wov - I CITY OF NEWPORT BEACH[ P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 I August 19, 1993 Alex Fishman 527 N. Maple Dr. Beverly Hills, CA 90210 RE: Harbor permit 132-439 for the pier and float at 439 Harbor Island Drive Dear Mr. Fishman: The City of Newport Beach has received a complaint regarding the above float. Specifically, the complaint is that a vessel the "Otradez" is being berthed at the above slip in violation of section 21-A of the Harbor permit policies which state: 11(21-A) Boats moored at private or public docks shall not extend beyond the projection of the property lines of the property to which the dock facility is connected in accordance with Section 20-C." On August 19, 1993 our field inspectors verified that the boat "Otradez" was in fact encroaching across the property line shared between 439 and 433 Harbor Island Drive. To preclude further action by the Marine Department, the offending vessel must be brought into compliance with the above quoted section of the Harbor permit policies. If you have any questions regarding this complaint, please give me a call at 644-3044. Sincerely, ar-7 Tony Melum Deputy Director TM:ss TMF[SHMA.LTR 3300 Newport Boulevard, Newport Beach t e1:ieeee6U'761: 2732al,0311,332 1,SLoll' /3 2'r .F/ NT cc 0 Ic U. lu Please Note: We are not getting mail sent to Suite 219. 1 Please send correspondence to: City off Newport Beach 3300 NEWPORT BOULEVARD NEWPORT BEi1CH, CALIFORNIA 92663-3884 FINANCE DEPJ.. 714-640-2236 505 N. Tustin Avenue, Suite 282 Santa Ana, CA 92705 PLEASE RETURN WITH PAYMENT INL'r �afC� €.its ` tt � 3Lr �Au.Y �ti.Gk a s4i!.gr,�Tl}, p41 �,1 i,.y ibwf r!+)K+ AA 5 f . iu%✓,,.rF,Jhdl:ilk,�(7x,\/N::i.,...Ryglyi(,_r;i {{..r.�>._.1.-A:A irx�;niti•�d�� nuAxwr.,/,.L}av rdJi. S TA TEMENT OF ACCOUNT -AMOUNT - -- I: f R� E - A r PV14TCUT .. EL NUEN T 9 UP— TO AND IN-Ci.�i� M2 G .�r+�0�� 1:4 ACCP P 4= � . ; �• r � '� pi y � �� .} Please make che& Paydble to`City"of-Newport Beach: �' , L;i RAY q� ( ,Fr,Q�ci orfespgnd6&.P.to,Finance Director, City of S 1" A. ;..�� Newport Beach, 8300 W. Newport Blvd., Newport Beach r l t TATEMENT; DATE w, C►?M�•T 01.�3� �1*59 i. U1, l32 -443q N, CITY OF NEWPORT BEACH CALIFORNIA -October 4, 1979 -First American Title 114 E. 5th Street Santa Ana, CA Dear Sir: The City of Newport Beach has received an application to transfer pier permit # 132-439 for the property located at 439 Harbor Island Road. The structure was inspected on 10/3/79 at which time it was determined that the structure conforms to the City standards. Upon receipt of the $165.00 transfer fee and the completed forms, this pier permit will be transferred as requested. Sincerely, 71 007 Tony Melum Harbor Inspector Marine Department TM: 11 Please complete the form by obtaining the signature of the joint tenant, R. C. Fuller. S City Hall 3300 W. Newport Blvd. Area Code 714 640-2156 132 I �i/.JtX41I�Rr cy x� f . v oseli 3XZa IPon�� I, �� •° �� E/. �lD, p _ . •—_ ±—i---,_ _. . - - - ADO 4 s aT +.,r/ �4�` �� •e.,°. �XssB�i.7g , G�'rn[,ir„-/✓ BeAo• C`°`''� ..,.w,`o.� •w , Como OL nrafa�s�t� •, ,Ro�clzar !m00%s VICINITY SKETCH�' M11WPORT DAY, CALIFORNIA /J 20 3 p .3ourfa✓si7y a or �,r�vr e33Cd /rr BrCe/ r�v7i1 ?ey oBC �&-l�Ih� �'°1� " .. _. ,be%� A-OG1osi L o�rer L o.s� Ifim'sr: Moi/.+,c•.n rorsyC of (jK'APH9e- SCALD Pio% v/oProi®%7A®Bo/ys /®"'ecA Ala.'-.64 -Liras ooe /N IrCE e9 TB°rA�4/iS/4eGP/ ise >Arl;B .tegro", s oBr /b/eaw,ror I Soy. /'AZ. A N d torn -t-o 0 SCALE IN FEES' 4. 1 B oP d X/ /nCJ 3 aezbf,le? 36 af '4AU *39 all Y5'r 0.9, of , A TRANSFERRED, FROM: ��J G► v ✓0° ''X �d d3ex, I % P,-o�►aseci O n 3XZOve IParY: fix'. Wea/`�_. �� y �d�d �• sIi ^ �P � �i-yy- 30 ("rl;'Ar-Hrr. SCALE IIV F-FF Ab.,q O C", sy4� p; •'h a6Wsase� � , A 1' VICINITY SKETCH WSWPORT DAY, GALIFf11 NON ✓..S. 4t.IuB° /C4lf - w QN.A�.IIG Val C: - 3ouvs®sia9s ®rm e!erpr�ssa®' iry d@c> °..�.y�+,yF-.•�o1c �/�fhs' hlelc v AAco.T �o �sr d oast S�/v�c►r. .4�J►v`i, nc .aa r onyx of .P/�C cv�jw^orisn of®/fir /Gi fee. �°=1oibos^ � iiye s oi-C ash®�i/l.�ii�d iss /.o�v..s .r�cPicnr, of Nerrnov-,, may. iJ FF., E "f r` 45 _ � N ;\� �,rls1.�:�� 6�J<a,•i' tit jam° /'� � sue= _ � t 4 �..... � d• %��'"°�, e- .:r r� �:! `• _ in zo t /fit 4 T . J / � r. •ii "p. k�V"T r r_i 'T�wj.%I 'Oa u i'w r .�.kf_.,L Y:d.,k-