1/11/12ccc-12-cd-01 & ccc-12-ro-011 consent cease and desist order ccc-12-cd-01 and consent...

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1/11/12 CCC-12-CD-01 & CCC-12-RO- 01 1 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated Orange County

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Page 1: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 1

Consent Cease and Desist Order CCC-12-CD-01

and Consent Restoration Order

CCC-12-RO-01

Goodell Family TrustUnincorporated Orange County

Page 2: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 2

Subject Property

Bolsa Chica ER

Huntington Beach

Huntington Harbor

Page 3: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 3

Brightwater Project

Parkside Estates Site

Subject Property

Bolsa Chica ER

California Coastal Records Project photograph Copyright © 2002-2010 Kenneth & Gabrielle Adelman - [email protected]

2006

Page 4: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 4

Cogged stones uncovered at ORA-83

Page 5: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 5

Description of Unpermitted Development

• Excavation of 16 pits, and

• Deposition of excavated soil and material.

Page 6: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 6

Definition of “Development”

“Development” means, on land, in or under water, the placement or erection of any solid material or structures…grading, removing, dredging, mining or extraction of any materials...

Page 7: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 7

Development has occurred without a CDP

5-10-035-X issued

for surface study in

preparation for the

ARP

Page 8: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 8

Development has occurred without a CDP

Page 9: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 9

Basis for Issuance of Cease and Desist & Restoration Orders

Coastal Act Sections 30810 & 30811:• Development is unpermitted, • Development is inconsistent with the Coastal Act, and• Development is causing continuing resource damage.

Page 10: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

• Section 30244 (Archaeological Resources)

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 10

Development is inconsistent with the Coastal Act

“Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable mitigation measures shall be required”

Page 11: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

• Section 30244 (Archaeological Resources)

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 11

Development is inconsistent with the Coastal Act

• Eligible National Historic Place under Criteria A and D

• Criterion A: Is associated with events that have made a significant contribution to the broad patterns of history

• Criterion D: Has yielded, or may be likely to yield, information important in history or prehistory

Page 12: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

• Sections 30230 and 30231 (Water Quality)• Section 30253 (Erosion)

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 12

Development is inconsistent with the Coastal Act

Page 13: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 13

Development is causing

“continuing resource damage”

Page 14: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 14

Terms of the Proposed Consent Orders

• Arrange for Native American monitors,• Screen excavated soil for cultural materials,• Document and rebury cultural materials, • Restore topography of excavated areas,

and • Fund a mitigation project for archaeological

conservation.

Page 15: 1/11/12CCC-12-CD-01 & CCC-12-RO-011 Consent Cease and Desist Order CCC-12-CD-01 and Consent Restoration Order CCC-12-RO-01 Goodell Family Trust Unincorporated

1/11/12 CCC-12-CD-01 & CCC-12-RO-01 15

Subject Property