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
By Laylan Connelly – Orange County Register
Officials have secured $8.3 million to dredge Newport Harbor in the $14 billion Infrastructure Investment and Jobs Act, but sand replenishment projects for two stretches of Orange County coastline were not included.
U.S. Rep. Michelle Steel said dredging of Newport Beach’s harbor is long overdue in her announcement Wednesday, Jan. 19, about the federal funding, but also stressed the need for added sand along the coastline. Funding for the Surfside-Sunset Replenishment Project, which would seed beaches through Huntington Beach south to Newport Beach will have to hope for final approval from another Congressional appropriations bill, the timeline of which has been unclear.
So is the San Clemente Shoreline Project, which would replenish beaches in the southern city, including improving the buffer of shoreline along a key coastal rail line.
Both projects have been stalled for years, awaiting funding for U.S. Army Corps of Engineers to do the replenishments that help create a beach buffer that would protect roads, homes and infrastructure from ocean flooding, as well as keep beaches – one of the region’s major tourism draws – from disappearing.
In 1962, Congress passed the Rivers and Harbors Act, which required the Army Corps of Engineers to address the impacts of the constructed flood control structures on the sand deposits that should be happening naturally along shorelines.
The $23 million Surfside-Sunset project – $15.5 million in federal money and $7.63 from local agencies – would add 1.75 million cubic yards of sand to Surfside, which would then be pushed down the coast by ocean currents and waves, spreading it 12 miles south to Newport Beach.
The last time sand was added was 2010 – previously the replenishment happened every five to seven years.
“There is more work to do, and I will continue to demand action from the administration and the Army Corps to fully fund the Surfside-Sunset Replenishment Project because we are one natural disaster away from devastation,” Steel said in a statement.
San Clemente has been waiting about two decades for its big replenishment project. The city two years ago received a boost in the amount of $500,000 in federal funding for the design phase.
With no beach left, a wave crashes against the rocks and stairs just below the railroad tracks at North Beach in San Clemente on Wednesday, October 20, 2021.(Photo by Mark Rightmire, Orange County Register/SCNG)
The project would add 251,000 cubic yards of sand from Linda Lane beach to T-Street beach south of the pier. The sand has shrunk so much there in recent years, city leaders have discussed the possibly of moving San Clemente’s Marine Safety Headquarters off the beach. When big surf hits, the surf laps onto the railroad tracks.
About $9.3 million was requested in the bipartisan infrastructure bill by U.S. Rep. Mike Levin for the San Clemente Shoreline Project.
Levin helped secure $30.5 million in federal funding for the Encinitas-Solana Beach Coastal Storm Damage Reduction Project and $1.8 million for the Oceanside Special Shoreline Study, his office announced Wednesday.
The Encinitas-Solana Beach project involves placing 700,000 cubic yards of sand along 7,200 feet of beach in Solana Beach and 340,000 cubic yards of sand along 7,800 feet of beach in Encinitas.
The Oceanside shoreline study will create a plan to mitigate erosion and other effects from the construction of Camp Pendleton Harbor and will restore beach conditions along the affected shores to the conditions that existed before its development.
Levin’s office said he is also “continuing to fight to finalize federal funding for the San Clemente Shoreline Project.”
Paul BlankBy Amy Senk
Corona del Mar resident Paul Blank was named Newport Beach Harbormaster last spring, a grand achievement to cap off an on-the-water lifestyle that began at age 10 with a two-week sailing class offered through the city’s recreation department. The harbormaster’s job is typically described as being a lead ambassador for Newport Harbor, one of the largest recreational harbors in the country, and includes overseeing a dozen or so employees and an annual budget of $1 million-plus. But like most things in the past year or so, the first several months have been filled with surprises. I caught up with him to learn more.
Q: What role did you play as harbormaster in the days after the oil spill, and what stands out in your mind now as the most notable thing that happened?
A: The response to the Amplify Energy Oil spill in early October was swift and multifaceted. My specific roles included surveying the harbor beaches for oil contamination, monitoring the harbor entrance for potential intrusion or contamination and participation in the City of Newport Beach Emergency Operations Center, which integrated with the Unified Command Response managed by the U.S. Coast Guard. A huge amount of my time was spent communicating my findings to others in the EOC and the UCR as well as with Harbor constituents and my patrol team in the Harbor Department. When the decision was made to close the harbor entrance, I was there to witness it and then established a patrol presence to advise mariners in a firm but friendly way of the closure and alternatives while they were unable to get in or out of the harbor. As the situation evolved, my role shifted into advising mariners, local businesses and residents where they could go for support or to file claims for loss or damage sustained as a result of the spill. I also spent considerable time and effort supporting the vessel decontamination site that was established at Marina Park. I am thankful that through the duration of the crisis, we were not forced to close or curtail activities on the harbor. Sailing classes, races, rowing, paddle boarding and casual harbor cruising all continued even though the entrance was closed. While not everyone could engage in all the activities they may have wished to while the entrance was closed, the harbor remained clean, safe and well enjoyed.
Q: We keep seeing mega yachts off the coast of Newport Beach. Have they caused any problems?
A: Newport Harbor has become a more popular port of call for mega yachts this year. Some vessels choose to enjoy anchorage off Big Corona Beach for their visits. Others have stopped there while waiting for a favorable tide to enter and transit the harbor. I am pleased to have made the process of reserving and making use of the Large Vessel Anchorage easier for the yacht managers. I am also pleased with the tenor and tone of the dialogue that continues with nearby residents and businesses. Concerns remain about traffic and congestion in that part of the harbor, but no negative impacts have been observed or reported to me. Newport Harbor is a “no-discharge harbor,” meaning no waste or refuse may go overboard. All vessels mooring or anchoring in Newport Harbor, including these mega yachts with dozens of paid, professional crews, are subject to dye-tab testing of their marine sanitation systems. This is the method we use to test the integrity of the vessel’s plumbing and waste holding tank. One vessel was tested upon arrival recently and didn’t pass. We allowed the crew an opportunity to check the settings on all their pumps and valves. A little less than an hour later we returned to re-test and the vessel passed. No pollution or waste was discharged into the bay in that first test, so no citation was issued, and the vessel was welcome to stay in the harbor. If any vessel is subsequently witnessed discharging into the bay, citations are written which come with a financial penalty and the vessel may be asked to leave the harbor. Thankfully it doesn’t happen very often.
Q: What is the Take Back Our Harbor movement, and what are your thoughts about it?
A: Take Back Our Harbor is the tagline for the newly formed Newport Harbor Foundation. The Foundation is a nonprofit group with a mission similar to the Newport Bay Conservancy. While the Newport Bay Conservancy is focused exclusively on improving Upper Newport Bay –essentially everything north of the PCH Bridge – the Newport Harbor Foundation is focused on preserving and improving the lower Newport Harbor. While I am not directly involved with the group, I am supportive of their mission. The group’s efforts align nicely with the Harbor Department’s goal of keeping the harbor clean, safe and well enjoyed.
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