HomeMy WebLinkAbout151-0403.tifPermit # 1 5 1- '/0 '5
DREDGING PERMIT STATUS
Comments/Date
Action Completed
Permit Received
36 �� 3
Eelgrass
Inspection
� IlV /0 3
�
Sent to Agencies
(�/a5-103 '�1?-6
From Corps
16 �
From Coastal
Notified OK to
Dredge
Not Approved
Completion Report
3 /� � o S-
Comments:
POST DREDGING
COMPLETION REPORT
The permittee shall send one (1) copy of the post -dredging report for each completed individual
dredging project to the Corps and the CCC documenting compliance with all general and
special conditions defined in this permit. The post -dredging report shall be sent within 45 days
after completion of the complete individual dredging project authorized in this permit. The
post -dredging report shall include the following information for the completed individual
dredging project.
Permit Number: 151-403
StartDate:12/15/04Completion Date: 12/15/04
Total dredged material to Beach: 95 cubic yards
to Sea (LA3):
Total acreage impacted: - 0 2 2
Mode of dredging and transportation, and method and frequency of disposal•
Hydraulic Suction transported through a pipeline onto
adjacent beach.
Tug or other vessel logs documenting contact with USCG MSO Long Beach before each trip to
the LA-3 ocean disposal site.
USCG Contact: Yes No
Form of dredged material: Slurry X Cohesive
Procedure and location where the disposal barge or scow was washed:
No washing necessary.
A certified report from the dredging site inspector and the captain of any tug or other vessel
used to transport and dispose of dredged material at LA-3 indicating all general and special
permit conditions were met. Any violations of the permit shall be explained in detail.
All conditioning permits were met. Yes No
Post -project surveys of Eelgrass beds potentially affected by the dredging:
Not necessary as no eelgrass was identified in dredging area.
The post -dredging report shall be signed by a duly authorized representative of the permittee.
The permittee's representative shall make the following certification.
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquinj of the person or
persons who manage the system, or those directly responsible for athering the information, the
information submitted is, to the best of my knowledge acid bel" , five, accurate, and complete. I
am aware that there are significant penalties for submitti false itlformatio , cludi the
possibility of fine and imprisonment for knowing viola '
Signature
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
,,_South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302 January 5, 2004
(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 5-99-282, as amended
& Conformance with Consistency Certification CC-078-99 & CC-077-01
Dear Mr. Rossmiller:
Commission staff have received information submitted as evidence of compliance with Coastal Development
Permit 5-99-282, as amended, and/or as evidence of conformance with Consistency Certifications CC-078-99 or
CC-077-01 for the following sites in the City of Newport Beach:
City
Harbor
Permit #
Site Address
Beach
Disposal
Qt cu. ds
Ocean
Disposal
Qtyt cu. ds
Cumulative
Total$ for 2003
151-403
403 N. Bay Front
95
0
139-3
#3 Harbor Island
60
0
109-181
1813 East Bay
468
0
132-415
415 Ba side Dr & 421 Harbor Island Drive
200
0
Sub -total
823
0 -
Year-to-date total
3108 1
6090
10021
Commission staff have reviewed the information submitted and determined that the above referenced dredging
events conform with Consistency Certifications CC-078-99 and/or CC-077-01 and that no further federal
consistency review is necessary from the Commission for the dredging components of the projects. In addition,
the proposed beach disposal events have been reviewed and found by the Executive Director to be consistent with
Special Conditions 1-3 and 9-12 of Coastal Development Permit 5-99-282, as amended. No further review is
necessary from the Commission for the beach disposal components of the projects.
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-078-99 and CC-077-01 and/or conform with the terms and
conditions of Coastal Development Permit 5-99-282, as amended. Any change in the projects may cause them to
lose their status as consistent with CC-078-99 and CC-077-01 and/or CDP 5-99-282, as amended. 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-078-99 and CC-077-01 -and/or CDP 5-99-
282, as amended, is obtained.
If you have any questions, please contact me at (562) 590-5071 or Mr. James Raives at (415) 904-5200.
Sincerely,
Karl Schwing
Supervisor, Regulation & Planning, Orange County Area
Cc: Mr. Mark Delaplaine, California Coastal Commission
Ms. Cori Farrar, U.S. Army Corps of Engineers
Not to Exceed 500 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 yams per year
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STATES of�4,
•
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
PO BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
January 8, 2004
Office of the Chief
Regulatory Branch
City of Newport Beach
Harbor Resources Division
Attention: Mr. Tom Rossmiller -
PO Box 1768
Newport Beach, California 92658-8915
Dear Mr. Rossmiller:
This is in reply to your recent applications, for Department of the Army Perinits to conduct
maintenance dredging and beach disposal of dredge material, per Regional General Permit
No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes
maintenance dredging at five sites within Newport Bay (see below). This letter does not
authorize the direct impact of Essential Fish Habitat.
USACE
City
Site Address
Volume
Area (est.,
Beach
Ocean
Base #
Harbor
(Cubic
Square
Disposal
Disposal
Permit #
Yards)
Feet)
200400455
132-415
415 Bayside Drive &
200
2700
Yes —
No
Sites 1 & 2
421 Harbor Island Drive
Supratidal
200400458
109-1813
1813 East Bay
468
4225
Yes —
No
Supratidal
200400460
139-3
3 Harbor Island
60
1602
Yes —
No
Supratidal
200400461
151403
403 North Bay Front
95
1280
Yes —
No
Supratidal
Totals
823
9807 sf
823 cy
0
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.
1
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
will expire. A general permit does not grant any property rights exclusive privileges. 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 Ms. Cori Farrar of my staff at (213) 452-3296.
Sincerely,
C - n,u�
Mark Durham
Chief, South Coast Section
Regulatory Branch
Message
Page 1 of 2
Miller, Chris
From: Karl Schwing [kschwing@coastal.ca.gov]
Sent: Wednesday, November 19, 2003 11:45 AM
To: 'Miller, Chris'
Subject: RE: #3 Harbor Island & 403 N. Bay Front Dredging Status
Chris,
I'm not sure that we have the revised application for #3 Harbor Isl, nor the revised info about }03',,pay",ptorit..thus,
I think it would be helpful if you re -submitted both projects with the revised/updated info (please be sure you
remove any old/outdated info from the packages so there isn't any confusion about which sand analyses/eelgrass
surveys are the right ones); once I receive those I'll process them ASAP along with the few others that are
pending. Thanks.
- Karl
-----Original Message -----
From: Miller, Chris [mailto:Chiller@city.newport-beach.ca.us]
Sent: Wednesday, November 19, 2003 10:34 AM
To: Karl Schwing
Cc: Corice Farrar; Rossmiller, Tom
Subject: RE: #3 Harbor Island & 403 N. Bay Front Dredging Status
Karl,
Thank you for your response. I think I have some answers to your concerns and might be able to clarify
things.
According to our records, it looks like #3,4,5 & 7 Harbor Island applied for a dredging permit back in
January 2003. At that time, it was true that the overall grain size sample was below the 80% required for
beach disposal. Subsequently, the resident at #3 re -applied by himself (because he didn't want to be held
back by his neighbors) in July 2003 and completed a new grain size sample which registered at 99%
sand. This is the application that I am referring to. Do you have this latest application? If not, we'd be
happy to re -send to you.
With respect to 403 N. Bay Front, it does not have any eelgrass within 15' from the jobsite. There might
have been some confusion because Tom and I made the contractor re -submit his drawing to us when we
discovered an inconsistency between their original drawing and the eelgrass survey that our department
completed. We got that all straightened up and submitted the corrected drawings to the corresponding
agencies. Please see the attached emails from Tom from earlier this summer describing these events.
I hope this answers your concerns. We'd be happy to assist you or re -send the documents if you prefer.
Please let us know how we can help.
Thank you,
Chris
-----Original Message -----
From: Karl Schwing [mailto:kschwing@coastal.ca.gov]
Sent: Tuesday, November 18, 2003 2:51 PM
To: 'Miller, Chris'
Cc: Rossmiller, Tom
Subject: RE: #3 Harbor Island & 403 N. Bay Front Dredging Status
11/19/2003
Message
Page 2 of 2
Chris,
My notes indicate that #3 Harbor Island raised an issue because the material to be dredged didn't
meet beach disposal requirements (i.e. greater than 80% sand content)... nevertheless the proposal
still included beach disposal. This one needs either a separate permit (because it doesn't meet the
requirements of CDP 5-99-282), or the project needs to be modified to conform with the
requirements of CDP 5-99-282.
With respect to 403 N. Bay Front, my notes indicate that eeigrass is located in the project area and
that additional mapping was necessary in order to assure that any impacts to eeigrass can be
documented and mitigated. We haven't received any additional mapping or justification as to why
such mapping isn't needed. Has Bob Hoffman at NMFS reviewed this project? Was he o.k. with the
mapping that was undertaken? If not, was additional mapping done? We need some assurance
that either the mapping already done is sufficient to detect impacts, or we need a more detailed map
of the eeigrass beds that is of sufficient accuracy that a post -dredging survey will detect impacts.
- Karl
-----Original Message -----
From: Miller, Chris[mai Ito: CM il ler@city. newport-beach.ca. us]
Sent: Tuesday, November 18, 2003 1:49 PM
To: Karl Schwing
Cc: Rossmiller, Tom
Subject: #3 Harbor Island & 403 N. Bay Front Dredging Status
Karl,
Our local contractors been asking us the status on a couple of residential dredging
applications that have been in process for a while. According to our records, we show the
following addresses have been mailed to the Coastal Commission and appropriate agencies
for approval:
403 N. Bay Front - Sent to agencies on 6/25/03
#3 Harbor Island - Sent to agencies on 7/24/03
Do you happen to know the status of these applications? Is there anything that Harbor
Resources can do to help you out with these? I believe that all of the information required
was included in the packet, but we'd be happy to re -send if necessary.
Thank you for looking into this for me
Chris Miller
(949)644-3043
11/19/2003
STATE & FEDERAL AGENCY
DREDGING APPLICATION
Permit No. 15-,I-`-(
Payment: $413.00
Check No: 736 Date: 3/8/03
Project Lc
Latitude/L
Cubic Yar
Method of
Nature of
Dispositic
Method o-
Effect of [
RESTG
Project B,
Page 2
Dredging Application
Lorenzo C. Miller ,(Applicant/Applicant's agent), hereby certify that I have
read the U.S. Army Corps of Engineers permit, RGP#54 and the California Coastal
Commission permit #5-99-282 for maintenance dredging in Newport Harbor and that I
will comply with all of the conditions of those permits. I will further hold the City
harmless from and indemnify them against any claim for damages arising out of the
exercise of these permits. In addition, I, as the applicant 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.
Lyle & Catherine Emerick
Applicant — Please Print
€ Shellmaker Inc.
3
Contractor — Please Print
i May 12, 2003
S
Date
Signed: Z�7a,�,"d1 K16
Applicant/Agent
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ITfO STATES OF P��Q\
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
City of Newport Beach
Harbor Resources Division
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
PO BOX 532711
LOS ANGELES, CALIFORNIA 90053-2325
Attention: Mr. Tom Rossmiller
PO Box 1768
Newport Beach, California 92658-8915
Dear Mr. Rossmiller:
January 8, 2004
This is in reply to your recent applications, for Department of the Army Permits to conduct
maintenance dredging and beach disposal of dredge material, per Regional General Permit
No. 54 in Newport Bay, Newport Beach, Orange County, California. This letter authorizes
maintenance dredging at five sites within Newport Bay (see below). This letter does not
authorize the direct impact of Essential Fish Habitat.
USAGE
City
Site Address
Volume
Area (est.,
Beach
Ocean
Base #
Harbor
(Cubic
Square
Disposal
Disposal
Permit #
Yards)
Feet)
200400455
132-415
415 Bayside Drive &
200
2700
Yes —
No
Sites 1 & 2
421 Harbor Island Drive
Supratidal
200400458
109-1813
1813 East Bay
468
4225
Yes —
No
Supratidal
200400460
139-3
3 Harbor Island
60
1602
Yes —
No
Supratidal
200400461
151-403
403 North Bay Front
95
1280
Yes —
No
Supratidal
Totals
823
9807 sf
823 cy
0
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.
-2-
As long as you comply with the general permit conditions of RGP No. 54, an individual
permit is not required. This letter of verification is valid until July 24, 2005, when RGP No. 54
will expire. A general permit does not grant any property rights exclusive privileges. 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 Ms. Cori Farrar of my staff at (213) 452-3296.
Sincerely,`
ntill
Mark Durham
Chief, South Coast Section
Regulatory Branch
DAVID H. LEE &ASSOCIATES, INC.
GEOTECHNICAL ENGINEERING .o ENGINEERING GEOLOGY
Ms. Lisa Miller
SHELLMAKER, INC.
2035-F Placentia Avenue
Costa Mesa, CA 92627
May 8, 2003
Our Project K03.020.00
SUBJECT: Phi Grain Size Test Results for the Soil Samples Obtained from
the Emerick Property at 304 North Bay Front, Newport Beach,
California 92662.
Dear Ms. Miller:
Presented herewith are the results of our phi grain size analyses performed on
the soil samples provided to us by your firm. The test procedures were in
accordance with ASTM D422-63 (1998) and U.S. Army Corps of Engineers
Report Number CETA 79-7 criteria.
Please do not hesitate to call if you have any questions after you have reviewed
the attached data.
Respectfully submitted,
� i °° • �, � s °q t is i °r
Karen Masterson
Project Engineer
EXR 314
Reviewed by:
pJ,F a a-aa.
David H. Lee
Geotechnical Engineer
Attachments: Plates 1.1 & 1.2 -- Grain Size Summary
Plates 2.1 & 2.2 -- Cumulative Grain Size Distribution PHI Units
110hlasr W verdataWROJECTSUC03.020.00W0302000 PNl GS Leflerdoc
Sieve Opening
Particle Diameter
U.S. Standard
% Material
Cumulative
(mm)
in Phi Units
Sieve Size
Retained by
percent Retained
Weight
38.1
-5.25
11 /2"
0.0
0.0
19
-4.25
3/4"
0.0
0.0
Gravel 9.5
-3.25
3/8"
0.0
0.0
4.75
-2.25
4
0.2
0.2
2.83
-1.50
7
0.2
0.5
2
-------------------------------------------------------------
-1.00
10
0.2
0.7
1.41
-0.50
14
0.2
0.9
1
0.00
18
0.4
1.3
0.71
0.50
25
0.7
1.9
0.5
1.00
35
2.4
4.4
0.35
1.50
45
8.2
12.6
Sand
0.25
2.00
60
47.1
59.7
0.177
2.50
80
29.3
89.0
0.125
3.00
120
8.5
97.5
0.088
3.50
170
1.5
98.9
0.075
3.75
200
0.2
99.1
0.063
-----------------------------------------------------------
4.00
230
0.1
99.2
Silt-Clay <0.063
<4.00
<230
0.8
100
A sample was provided to David
H. Lee & Associates,
Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND (SP): light
olive brown
(2.5Y 5/4); saturated. The sample
was obtained from
the Emerick Property, 403 North
Bay Front, Balboa Island, Newport
Beach, California at a depth of +3.0 feet to +0.5 feet
MLLW.
David H. Lee Associates, Inc.
23011 Moultonn Parkway, Suite D-11
Laguna Hills, CA 92653
Telephone: 949-461-5690
Fax: 949-461-7901
PHI GRAIN SIZES Y
CLIENT: SHELLMAKER, INC.
PROJECT:
K03.020.00
I DATE:
I May, 2003
TPLATE
1.1
Sieve Opening Particle Diameter
U.S. Standard
% Material
Retained by
Cumulative
(mm) in Phi Units
Sieve Size
Weight
Percent Retained
38.1 -5.25
11 /2"
0.0
0.0
19 -4.25
3/4"
0.0
0.0
Gravel 9.5 -3.25
3/8"
0.1
0.1
4.75 -2.25
4
0.1
0.2
2.83 -1.50
7
0.1
0.3
2 -1.00
10
0.1
0.4
-----------------------------------------------------------
1.41 -0.50
14
0.3
0.7
1 0.00
18
1.3
1.9
0.71 0.50
25
4.0
5.9
0.5 1.00
35
13.4
19.3
0.35 1.50
45
16.7
36.0
Sand
0.25 2.00
60
21.0
57.1
0.177 2.50
80
17.3
74.4
0.125 3.00
120
13.0
87.4
0.088 3.50
170
6.8
94.2
0.075 3.75
200
1.4
95.6
0.063 4.00
----------------------------------------------------------
230
0.5
96.1
Silt-Clay <0.063 <4.00
<230
3.9
100
A sample was provided to David H. Lee & Associates, Incorporated in a sample bag by
Shellmaker. The sample consists of a POORLY GRADED SAND with SILT
(SP): light
olive brown (2.5Y 5/4) and black (2.5Y 2/0); saturated.
The sample was obtained from
the Emerick Property, 403 North Bay Front, Balboa Island, Newport Beach, California at
a depth of +1.5 feet to -1.0 feet MLLW.
David H. Lee & Associates, Inc.
PHI GRAIN SIZE SUMMARY
-
-,
23011 Moulton Parkway, Suite D-11
Laguna Hills, CA 92653
�f
n
Telephone: 949-461-5690
Fax: 949-461-7901
CLIENT: SHELLMAKER, INC.
PROJECT:
K03.020.00
DATE:
May, 2003
PLATE
1.2
Site Name:
(common reference)
1 i (�
E ► n YV%-r- ; `e 41(� \m
Survey Contact:
(name, phone, e-mail)
Permit Reference:
(ACOE Permit No.,
RWQCB Order or Cert. No.)
Hydrographic System:
(bay, estuary, lagoon, or
harbor)
Specific Location:
(UTM, Lat./Long., datum,
accuracy level, attach
350 3 (o 5 i
electronic survey area map if
1 L ` f D
possible)
Was Caulerpa
Yes, Caulerpa was found at this site and
Detected:
(if Caulerpa is, found, please
has been contacted on date.
immediately contact the
permitting agency project
staff and NMFS or CDFG
No, Caulerpa was not found at this site.
personnel identified above)
Description of
Permitted Work:
(describe briefly the work to
be conducted at the site
under the permits identified
above)
Description of Site:
Depth range:
(describe the physical and
biological conditions within
the survey area at the time of
f
the survey and provide
--
insight into variability, if
1-0
known. Please provide units
for all numerical
information).
f
i
Substrate
type,
r1
Temperature:
Salinity.•
Dominant
flora. -
Dominant
fauna:
Exotic
species
encountered:
Other site
description
notes:
Description of Survey
Survey date
Effort:,
and time
(please describe the surveys
conducted including type of
survey (SCUBA, remote
video, etc.) and survey
methods employed, date of
work, and survey density
(estimated percentage of the
bottom actually viewed).
Describe any limitations
encountered during the
survey efforts.
period:
`{ `Z zc)
Horizontal
visibility in
water:
Survey type
and methods:
-D d
1. c LC,
Caulerpa Survey Reporting Form (version 1.0, 9/18/01)
Caulerpa Eradication in Southern
V California
e Southwest Region Home Page
03
i
a ,
ocr \ -�—
17
ZZ S% EEL GRASS INSPECTION
b !� Cl NO EEL GRASS WITHIN 15' CIF PR'
JEG
EEL GRASS IN THE PROJECT AROA
�U 33d 36,12
L 117,9 79
f1
Facsimile Transmittal
Harbor Resources Division
829 Harbor Island Drive
Newport Beach, CA 92660
(949) 644-3034
Fax (949) 723-0589
Date: June 4, 2003
To: Lisa Miller
From: Chris Miller, Supervisor
(949) 644-3043'�Ur
Fax No: (949) 548-5315
No. of Pages: 1 (Including cover sheet)
RE: 403 N. Bay Front
Lisa,
t,
Y1_ Ale .head
403 N. Bay Front has some eelgrass. See the drawing on this sheet. Please re-
submit a new drawing with new crosshatches notating the area that you will not
disturb with your dredging) L� i A 1i i 1-\ rS
Thanks,
Chris
2,FO
33
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INSPECTION FORM
Harbor Resources Department
Date:
Inspection Requested By:
Inspector: Don Duffy_
Pier Address:
Pier Transfer
Reinspection
GFI Present Yes Need None Needed Yes Need
Anti -Siphon / Backflow Present
Other Comments
Eelgrass
Yes No
Present
Pump Out
Pier Location
Yes No
Operational
Recommended Action
Encroachmenet
Address of Complaining Party
Boat Description
CIF Number
Location on Dock
Comments / Observations
Other Request
Armand, Wes
To: Carney, Seanne
Subject: billing residential piers
Please change the name of the permittee and address of RP15104031 due to an inter -family transfer. New Permitee:
Catherine Emerick, 610 S. Orange Grove #5, Pasadena Ca 91105.