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
The city of Newport Beach, steadily considered a premier boating destination, has made strides, in the last year, to improve services, amenities and educational information available to recreational boaters, residents and tourists. A model was also introduced for a freshly conceived Harbor Department, which also happens to be “new to the world,” according to several city officials.
“A lot has happened/is happening with harbor operations over the past year,” Tara Finnigan, Deputy City Manager, said in an email to The Log. “A lot of thought and effort went into the department structure that the city council approved on June 12.”
In addition to approving the department structure, council members approved the new budget of $1.1 million – up around $200,000 from last year’s budget – to be included in the 2018-19 fiscal year at the June 26 meeting.
Photo Credit: Devon Warren/The Log
The Newport Beach City Council approved an agreement with a firm for federal advocacy services related to harbor dredging efforts and programs, Feb. 27. Carpi & Clay was retained to represent Newport Beach at the federal level in hopes the firm would help bring the city’s issues to the forefront when it comes to harbor dredging.
“The city has been actively working with the U.S. Army Corps of Engineers … and to a limited extent, federal elected representatives, to present and educate them on our dredging needs in Newport Harbor, as well as to get our project on the Corps’ upcoming project funding list,” city staff told council members in a report. “Keeping our project in focus and on the recommended funding list of both the Corps and the many elected representatives that need to review and approve it is, and continues to be, a significant challenge particularly because we do not have a presence in Washington, D.C.”
An Army Corps study in 2017 revealed there is about 650,000 cubic yards of sediment remaining in federal waters and must be dredged to “maintain adequate navigation.”
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