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
To Residents, Yachtsmen and Newport Harbor Users:
The City of Newport Beach has been working with the Army Corps of Engineers for several years on a significant dredging project that will bring Newport Harbor to its authorized design depth which will enhance water quality, allow the bay to properly flush thus eliminating the need to dredge again for many years, remove some unsuitable materials that are lying on the floor of the bay today, and provide for the long term navigability of our harbor.
The Newport Beach City Council certified the Environmental Impact Report (EIR) in May 2021 and directed staff to proceed with securing permits for the project. The EIR is posted on the City’s website here.
The Newport Harbor Foundation has learned that there are a few in the community that are spreading spurious misinformation about the project and the Newport Harbor Foundation believes that it is important that presenting those interested in the dredging project be provided with the facts.
Chairman Murray and Members of the Santa Ana Regional Water Quality Control Board:
My name is Dennis Durgan and I serve as Chairman of the Newport Harbor Foundation. The Foundation was founded in 2019 for the purpose of preserving, protecting and enhancing Newport Harbor for the benefit of the City of Newport Beach, the homeowners on or near the bay, the commercial operators in the bay, and the recreational users of the bay. The Foundation’s founders, contributors, and members are made up of individuals and business who have a long history of using and enjoying the harbor and a vested interest in its enhancement and preservation for use by current and future generations. On behalf the Foundation and its Board of Directors, I am reaching out to you to express our support for the currently pending project for dredging of Newport Harbor and construction of the confined aquatic disposal (CAD) site.
Hello friends of the Newport Harbor Foundation,
There is an urgent issue we need a little help with… something that impacts one of our favorite local playgrounds – the Newport Harbor.
After years of lobbying the federal government for help, the City of Newport Beach has obtained grants of almost $16 million to pay for dredging of the harbor which will significantly enhance the quality of water and create safer boat passage in the harbor. Along with the dredging process, there is a process called CAD (contained aquatic disposal) which places unsuitable material now existing in the harbor into a safe and secure location deep below the harbor bed. This process is totally safe and has been used for many years all over the country, including harbors in California.
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