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
Photograph by D Ramey Logan, CC BY-SA 3.0It’s been more than five decades since Newport Beach City Councilman Marshall “Duffy” Duffield started his Duffy Electric Boat company.
Duffield built his first boat when he was 16 years old. His company has sold tens of thousands of boats and become synonymous with Newport Beach, where Duffy rides on the harbor are the norm.
“I’ve had to endure decades of laughter,” he told a crowd — also laughing — on Thursday at the Balboa Bay Resort. “To be known as a builder of the world’s slowest boat is something that I really didn’t think I wanted on this planet. I wanted to be a famous sailboat designer and racer dude, and I sort of kind of am, but not really.”
Still, Duffield now hopes the Newport Harbor Foundation can also similarly be built from the ground up.
The foundation, launched in 2019 before being curtailed due to the coronavirus pandemic, held a kickoff champagne brunch Thursday.
It announced that it had raised more than $275,000 at the event, which also served as a celebration of 50 years of Duffy boats. That number was doubled to $550,000, as foundation chairman Dennis Durgan said there was an anonymous matching gift.
The Newport Harbor Foundation’s stated goal is to take back local control of Newport Harbor, which is now patrolled by the Orange County Sheriff’s Department, and start a Newport Harbor Public Safety Department.
Durgan, himself a former harbormaster, said the foundation wants to initially raise $2.5 million for the purchase of a fire boat and four police patrol boats.
Last week 175 residents, political leaders, and Newport Harbor supporters donated over $550,000 to kick off the Newport Harbor Foundation. The Foundation’s goal is to return local control of our harbor to the city.
We celebrated the 50th Anniversary of the Duffy Electric Boat. Duffy’s passion for the harbor spans decades.
With 25 miles of frontage, almost 10,000 boats of all shapes and sizes, kayaks, paddle boards, sailing clubs, and charter boats the harbor resembles the 405 Freeway on a busy weekend.
An estimated seven million visitors per year use Newport Harbor’s complex ecosystem that generates an estimated $1 billion per year of economic activity.
Our harbor is essentially a city within the city.
We believe our harbor asset needs to be properly managed by the city.
Our mission is to “Take Back Our Harbor.” It begins with Newport Beach creating our own Harbor Public Safety Department operated by our city, not the Orange County Sheriff’s Department.
The Foundation will raise over $2.5 million to purchase and donate a fire boat and police boats to the city for a Harbor Public Safety Department.
This plan does not displace the Sheriffs Harbor Patrol They will continue to use their Homeland Security grant to police the coastline for drug runners and illegal immigrants. They will be available for large-scale emergencies in the harbor through existing mutual aid agreements.
Our Harbor Public Safety Department will use the city’s existing police, fire and lifeguards to make the harbor safe for residents and tourists. We believe local control of the harbor is best achieved by Newport Beach running the show.
If you agree, sign up for regular updates at www.newportharborfoundation.org.
Dennis Durgan / Chairman, Newport Harbor Foundation, Past Newport Beach Harbor Master
This first appeared at NewportBeachIndy.com
Some 175 community leaders, harbor residents and elected officials gathered at the Balboa Bay Resort yesterday for a kickoff luncheon acknowledging the fundraising success of the Newport Harbor Foundation (NHF). The NHF announced that they’ve raised more than $275,000 to support an effort to have the Newport Beach Police, Fire and Harbormaster assume sole jurisdiction over controlling our harbor.
What made the $275,000 announcement even more exciting was the fact that an anonymous donor gave a matching gift, immediately making it $550,000.
Former Newport Beach Mayor and current City Councilmember Marshall “Duffy” Duffield was also recognized at the luncheon for his longtime service to the community and in particular to the harbor. The timing, coincidentally, celebrated the 50th Anniversary of the Duffy Electric Boat.
“Today, I was touched by the community’s outpouring of financial support for my family business and Newport Harbor – the heart of our city. Now the hard work of ‘Taking Back Our Harbor’ begins,” said Councilmember Duffield.
Duffy built his first electric boat as a 16 year old growing up on Newport Harbor. Then, over the next half-century, Duffy followed up building and delivering 30,000 Duffy Boats throughout the world.
So, what’s ahead for the NHF? In 2019, a group of concerned Newport Harbor residents organized, recognizing “decades of benign-neglect of the harbor and the need to begin creating our own Harbor Public Safety Department. The Foundation plans to purchase a fire boat and four patrol boats to jump start the effort. This is the first step to “Taking Back Our Harbor.”
Why do it?
Duffy said, “We want to make our harbor healthier, cleaner and to get the public educated on what makes this harbor so special.”
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