Coastkeeper suit delays confined aquatic disposal facility planned for underneath Newport Bay
By Tom Johnson – June 06, 2023
Source: Stu News Newport Fair Game 060623
The United States Army Corps of Engineers (the Corps) has halted the dredging of Lower Newport Bay and construction authorization for the City of Newport Beach’s (the city’s) Confined Aquatic Disposal (CAD) facility. The Corps put things on hold after Orange County Coastkeeper (Coastkeeper) filed a lawsuit challenging their failure to fully analyze actions possibly violating the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA).
So, is that a good thing or a bad thing?
Sources tell me that the city is fine with postponement for several reasons. First, the delay allows them to gather further data and two, doing the work in the fall or winter is certainly more conducive than doing it in the middle of summer with all the crowds.
Initially, the Corps was required to respond to the lawsuit from Coastkeeper by June 16. However, in order to allow the Corps additional time to consider revisiting its compliance issues, all parties agreed to extend that deadline to July 12, including temporarily halting dredging activities and the authorization to construct the CAD facility.
The postponed project is an effort between the Corps and the city to dredge the federal channels in Newport Bay in order to address underwater sediment buildup that could eventually impact vessel navigability. The dredged material deemed unsuitable for open ocean disposal through the process due to elevated levels of contaminants such as mercury and polychlorinated biphenyls (PCBs) would be permanently stored in a CAD facility constructed by the city within Lower Newport Bay.
At the CAD, this contaminated sediment would be covered with additional layers of less polluted sediment to try and prevent it from reentering the wider environment.
It’s been a controversial subject, particularly when it was previously considered elsewhere in Newport Bay.
Source: Stu News Newport: Fair Game 060623
On May 23, the City Council approved a pilot program to change the harbor mooring fields configuration and approved changes to the Harbor Code to accommodate the proposed pilot program and the long-term plan for all the moorings in the harbor.
Speak Up Newport is hosting a meeting on Wednesday, June 14 to discuss the mooring plan with guest speaker Bill Kenney, the former Harbor Commission Chair. He will describe the Harbor Commission’s Open Water Initiative and the reasons for the changes to the mooring fields.
The valves, which were built in the 1970s to replace a system from the early 1900s, are necessary to prevent flooding in low-lying areas. They are manually operated, and need to be closed during high tides to prevent seawater from flooding the streets. Once the tide recedes, crews reopen the valves — nearly 90 in total — to allow water to flow from streets to the bay.
City Council this week unanimously approved a pilot project, called the open water initiative, related to mooring field design.
Councilmembers voted 7-0 on Tuesday (May 23) in support of the ordinance that would amend Title 17 (the city’s harbor code) related to mooring standards and permits. The approved action, stemming from Harbor Commission recommendations, will reconfigure mooring field C, which sits between Bay Island and the Balboa Peninsula ferry station.
March showers have given way to April flowers. The recent storms left in their wake perfect conditions throughout Southern California for thriving vegetation – a super bloom resulting in lush landscapes carpeted with abundant wildflowers.
The storms also replenished many of our major water supply reservoirs and significantly refilled our groundwater basin, resulting in higher-than-average levels compared to many years when these resources remained in limited supply indefinitely.
These same storms have another, less favorable effect on our community, as Newport Beach is at the end of the water “pipe” when it comes to trash and debris flow.
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