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
High Marks from Pumpout & Dump Station Monitoring Program
Southern California Clean Vessel Act Pumpout & Dump Station Monitoring Program
Recent surveys were conducted on the following Public Docks on Sep 27, 2022.
California Coastal Commission – SUMMARY OF STAFF RECOMMENDATION
Coastal Commission staff‘s reasons for recommending approval of the City of Newport Beach
Item 17a – Application No. 5-21-0640
The California Coastal Commission is preparing to consider permitting plans for an important Newport Harbor dredging project. The City of Newport Beach would like to remind residents about the critical need for this project and clarify key topics, including the rigorous environmental analysis that supports the proposal.
Dredging Newport Harbor is critical to maintain safe navigation and a well-functioning harbor. Over the past several decades, sediment has washed down into Newport Bay and accumulated at the bottom of Newport Harbor, which reduces water depths, impedes navigation and diminishes natural tidal flushing. Periodic dredging of Newport Harbor is essential to maintain safe, navigable waterways for recreational, commercial and public safety vessels; increase necessary ocean water flushing to support good water quality and habit and support the economic vitality of the harbor. In total, the project will dredge and remove about 1.2 million cubic yards of accumulated sediment, therefore returning the waterways to their original depths of -10 to -20 feet. Without dredging, sediment will continue to build up, making navigation more difficult and dangerous and decrease tidal flushing, leading to more stagnant water conditions.
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