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APPROVAL of SALVAGE PERMIT Calendar Item 2L Was Deferred Until the July 16, ~987 Commissionpermit

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APPROVAL of SALVAGE PERMIT Calendar Item 2L Was Deferred Until the July 16, ~987 Commissionpermit ( , \\ MINUTE lh::M 21 -06i30/87 w 23e._i.s Lane APPROVAL OF SALVAGE PERMIT Calendar Item 2l was deferred until the July 16, ~987 Commissionpermit. Meeting to clarify the royalty provisions of ~he Withpu.t_ ~b~ection, action on Calendar Item 21 was ~eFerred. Attachm~nt: Calendar Item 21. CALEND.\R PAGE MINUTE PACE 2UU5 '1\ e CAl.ENDAR IT~~M 06/30/87 A 9 w 23816 J..ane s 3 i~PPROVAL OF SALVAGE PERMIT APPLlCANT: Ro~ert F. Marx . dba Phoenician South Seas Tr•easures. Ltd. 205 Orlando 'Blud. Indiatlanti~. Florida 32903 AREA, TVP£ LAND AND LOCATION: A 20.0-acre parcel of ungranted' tide a·nd submerged land. located in t:.he Pacifiq Ocean, orakets Bay, Marin county. LAND USE: Retrieval and salvage of a s~nken vessel and the contents thereof. TERMS OF PROPOSED PERMIT: Initial period: One year beginning September 1. 1987. Rer>,ewal options: One successive period of one year. Public liability insur~nce: Combined single limit coverage of $500,000. cor.iSIOF.RAT·.toN: $500 land rental; and 25 percent of the net sal~age value of $25,000 or less, and 50 percent of the net salvage ualue in, excess of $25,000; said sum shall be due on th€ first of the month following the sale and bear 18 percent in~erest per ~nnum, if nat paid within 1~ days of the due date. BASIS FOR CONSIDERA1TION: Pursuant to 2 Cal. Adm. Code 2003. e (ADDED 06/25/87) -1- CAl.fNOAR PACE \J CALENDAR_ ITEM NO: 2'1 (CON~ 1 0) -· PREREQUISITE CONDITION~'· FEES ANO EXPENSES: Filing fee and enuironmenta·! costs haue been teceiued. '. STATUTORY AND OTHER RE~ERENCES: A. P.R. C. : Di~'. 6, Parts 1 and 2·: Diu. 13. 6. Cal. Adm. Code: Title 2, Oiu. 3: Title t~. O:iu. 6. AB 884: 04/28/87. OTHER PERTINENT INFORMATION: 1. This project inuolues the potenti~1 retrieual and saluage of the remains and contents of the "San Augustin", a Manila Galleon purrortedly sunk in Drake's Bay in 1S9S. The Applic~nt is a well known underwater archaeoiogist who has many scientific undarwater explorations and recoueries to his credit. His speciali?.ation t-0 ~aual and Maritime history with an emphas±s on the Spanish Colonial period in the Caribbean and the Spanish Maritim~ trade between lS00-1600. Terms of the Permit require the Applicant to prouide the Commission with an acceptable archaeological recouery plan prior to recouery of ~- i terns. The plan .must furnish a detailed description of .recovery information and specific methods for conserua~ion. This permit is also subject to the terms and conditions of a Memorandum of Agreement between State Lands Comission. State Historic Preseruation Office, and the Applicant ensuring certain mea$ures are carried out. A copy of this agreement is contained in Exhibit "I"· (ADDED 06/25/tJ'7) -2- ~ ~ ...... C'\lfNDU PAGE - i .; L. • } MINUTI PAGE 2 l} !) 7 CALENDAR ITEM NO. 21' (CONT'D) All items removed from the site will be inspected.and appraised by competent appraisers. Whether the items are sold or retained by the permittee, the State will be compensated according to terms of the Sa~vage Permit. For any items retained by thq State, the Permittee wil.l be credited ~gainst percentage rentals otherwise due the State. 2. The salvage area ia located within an area over which the National Oceanic Atmospheric Administration has claimed ju~isdiction, even though it is within_th~,~tate's three-mile ownership. Th~· ~OAfA and the ~pplicant ~re currently ~isc~~sing the necessity of a permit; hpwe~~r. they have advised him to secure a S.t~·te per'tli t prior t~ applying for Federal approval. The Applica1t ·bas been advl~~d that the Commission's permit is conditioned upon obtaining all other necessary permits. The Point Reyes National Seashore, o~~r whi'r.h the Legislature granted jurisdi,ttion oyer the firs~ quarter m~ie, is als9 an area. of concern. It is t.it;e Appl~canl: • s belref tt,at u,·e salvage area i:s OHtside of this area. 3. Purs-!Aant to th;C! .Commission's delegati.on of authority and crt~ State GEQA Gui~e1ines (14 Cal. Adm. Code 1S02S), the staff has prepared a Proposed Negative Oec~~ration identif±ed as EIR ND 41L. State Clearinghouse No. 861104410. Such Proposed ·Negative Declaration was prepared and circulated for public review pursuant to the prouisions of CEQA. Based upon the Inttial Study, the Proposed Negative Declaration. and the comments receiued. in response thereto, there is no substantial evidence that the project will haue a significant effe~~ on the t!04.'-ironment. ( 14 Cal. A'clm. Cod\! 1'5074(b).) (ADDED 06/25/87-) -3- ,,. - ,.., CAlENDAP. #ACE I _. '.• 2 p 'J: :>P-'"7!"'-. _, MIN,QT: P~CE 2: x 't' l5! CALENDAR ITEM NO. 21 (CONT'D) This activity, invol~HJS lands identified as • 4." possessing significant environmental values pursuant to P.R.C. 6370, e,t seq. The project, as ?roposed, is consistent with its use classification. FURTHER APPROV~lS REQUIRED: Gulf of the .f-arallor.e,< National Ma~ine S{ltnctuary ;f NOAA' s M'arine and 'Estuarine Man~gement Division, Calirornia Coastal Commission. EXHIB·rrs: A. Site Map. B. Memorandum of Agreement. C. Negative Declaration. IT IS RECOMMENDED THAX THE COtoiMISSION: 1. _CE~TIFY THAT A NEGATIVE DECLA~ATION, EIR ND 411, S1'ATE , O~EARINGHOUSE r.tp. 861104410, WAS PREPARED FOR THIS· PROJ1ECT PURSUANT TO TttE PROVISIONS OF THE CEQA ANO THAT THE COMMISSION HAS REVIEWED ~NO CON~IDERED THE INFORMATION _CONTAINED THEREIN. - .2. DETERMINE THAT THE PROJECT, AS APPROVED, WILL NOT HAVE A S!~IFICANT EFFECT ON THE ENVIRONMENT. 3. FIND THAT THIS ACTIVITY IS CQNSIS-TENT WITH 1'HE USE CLASSIFICATION DESIGNATED FOR THE LANO PURSUANT TO P.R.C. 6370, ET SEQ. 4.. AUTHORIZE ISSUANCE TO ROBERT f. MARX OBA PHOENICIAN, SOUTH SEAS TREASURES, LTO OF A ONE-YEAR SALVAGE PERMIT, AS,ON FILE IN THE MAIN OFFICE OF THE STATE LANDS COMMISSION, BEGINNING SEPTEMBtR 1, 1987; WITH AN OPTION OF ONE ADDITIONAL YEAR EXTENSION AT THE DISCRETION OF THE SY<ATE LANDS COMMISSION AND UPON SUCH REASONABLE TERMS AND CONDITIONS AS MA~ BE IMPOSEU BY THE COMMISSION, IN CONSIDERATION OF $500 LAND RENTAL AND 25 PERC~~T OF THE NET SALVAGE VALUE OF $25,000 OR LESS. ANO SO PERCENT Of THE NET SALVAGE VA~UE IN EXCESS OF $25,000; SAID SUM TO BE DUE ON THE FIRST OF THE MONTH, FOLLOWING THE SAL'f AND BEAR 18 PERCENT It>JTEREST PER ANNUM IF NOT PP-ID •IITHIN 15 D1WS OF TH'\. JUE DATE; PROVISION OF PUBL!~ LH\BIC!TY INSURANCE FOR CO~BINED SINGLE LIMIT COVERAGE OF '$1, 000\, 000; FOR RETRIEVAL OF AN ABANDONED VESSEL Atl!D THE CONTENTS l>ff EREOF ON LANO AS DESeRIBED AND ON FILE IN THE OFFICES OF T\tE COMMISSION. (ADDEO 06/25/81) -4- Jt ~ "- CAU:NDAR~AGE _.! ,,; C: • 3 MINUTE PACE 2 Q'Q $ .J • . W2~816 EXHIBIT ,"A" • f ': .....,. ....... ,. .. ... EXHIBIT "~" lllJIORAl1J)lJH Qll AG~~~ WBEREAS. th~ State Lands comnission {the Colillission) pcofioses _ to, issue a salvage pecmit for the archeoloqical inv~stigition and recovery of possible carqo f~o• the wreck of the vessel San Agustin. -lc~ated in t~e Pacific Ocean at Drake's Bay. Mart~ county. WHEREAS. the state Lanus- Coliiiilission.. i:n consui:tat-ion wi-th the California State Histcicic Pcesecvation Offi.c~.r: (SHPO). has deterained that the proposed salva,qe may i:e&uit in advecse effects to a si-qnificant archeoloqical tesource which is potentially eligible for inclusion in the National Reqistec of Historic Places; NOW. THEREPORE. the State Lands comaission. the SlnlO. and Robert Marx (Applicant). aqree t~:vu; the proposed salvaqe wii'.l be conducted acct. ~ding. to the followinq stipulations: STIQLATlQJIS The Collllission shall condition the salvaqe permit tQ ensure that the following measures are carried out by the Applicant: I. ~cheoiogical Data Recover! A. Within thirty (30) days after the date accompanying ~h~ last signatuce on this agreement. an initial archeoloqical data ::ecovery plan foe investigating the San Agustin shipwreck site. as depicted in accordance irith Pa~ts I and I H of the Advisor~· ~ouncil on Historic Preservation• s handbook. Treatment of Acchaeoloqical _Properties (Attachment 11) will be sub~itted by the applicant to the Commission anci SHPO. The plan wi 11 provide for a pbased pcoqraa of: archeoloqical investigation which will inclu~e a detailed discussion of: Investigations to ascertain the precise bound~cies. coaposition. an~ state of preservation of the reaains of t~e San Augustin and its other ~hacactecis.tics/~ 2. Detailed procf:duces for accheoloqical data recovecy addcessinq :-?articu1ariy significant subareas. f eatui:es o car~o. or wreek;iqe-: - 1 r ,.. 5 CAUNEMtitPAGE ,,; ,;. 1!\INUT£ P,\CE 2 i) 1 1 3. Methods -to be used in the implementation of such a plan: and 4. conservation. analysis. reportinq. and publi-t: display of recovered materials and data. B. The initial data recovery plan and each subsequent plan shal.l be prepared by the Applicant in consultation with the co-ission and the $HPO. If. upon reviewinq the- plan.. no party objects within a fifteen (1.5) day period. it will be implemented. If any party objects. the commission. the SHPO, and other concerned public aqencies will conve~e with the Applicant to resolve any objections. II. Pe~formance Standards A. The Applicant will provide to the SHPO and the Commission documentary pi:oof of financial i:esponsibility. capability. and solvency. including adequate fundinq to cover insur~nce and/or bondinq.
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