OC Coastkeeper’s Litigation Stops Newport Harbor Confined Aquatic Disposal Facility and Improves Dredging Project
By Newport Indy Staff – August 29, 2024
Source: Newport Beach Independent https://www.newportbeachindy.com/oc-coastkeepers-litigation-stops-newport-harbor-confined-aquatic-disposal-facility-and-improves-dredging-project
As the result of a lawsuit filed by Orange County Coastkeeper over Endangered Species Act and National Environmental Policy Act concerns, the United States Army Corps of Engineers has revised its Newport Harbor dredging project.
The updated plans feature a better solution for contaminated dredged material and a monitoring program that protects green sea turtles and marine mammals.
“After years of advocacy and enforcement actions, we are excited to see the Corps’ dredging project proceed with an improved design that better considers the health of Southern California’s coastal ecosystem,” said Garry Brown, founder and president of Orange County Coastkeeper. “The new plan for the dredged material is a big win for our waters and helps lower costs. Rather than burying contaminated sediment underneath Newport’s turning basin in a poorly designed disposal facility, the material will be repurposed and contained in an expansion project at the Port of Long Beach.”
Reuse of Contaminated Dredged Material
One of Coastkeeper’s primary concerns about the project was how the Corps would transfer and dispose of the dredged material. While dredged material is commonly dumped offshore, samples from Newport Harbor’s federal channels showed exceedances too high in harmful and toxic pollutants, including mercury, polychlorinated biphenyls (PCBs), and dichloro-diphenyl-trichloroethane (DDT), to qualify for offshore disposal.
Initially, the Corps had planned to store the contaminated dredged material in a Confined Aquatic Disposal (CAD) facility constructed by the City of Newport Beach. This project entailed burying contaminated material underneath Newport Harbor’s turning basin and thinly covering it with less polluted sediment in hopes of reducing recontamination.
Coastkeeper’s legal experts and marine scientists found the project design flawed, with high risks of endangerment to local waters, wildlife, and community members.
The revised Newport Harbor dredging project will repurpose the dredged material for a pier expansion project in the Port of Long Beach. The material will be placed above the water and permanently sealed with an impervious surface to eliminate the risk of the contaminated material entering the ocean. This update allows the contaminated sediment to be safely repurposed and decreases the need for the Port of Long Beach to dredge for new material.
With the contaminated dredged material repurposed for a Port improvement project, the Corps has permanently suspended the City’s construction permits for the CAD facility, effectively terminating the project.
Protecting Green Sea Turtles and Marine Mammals
Coastkeeper’s lawsuit also addressed concerns over the Corps’ lack of consideration for protected species, such as the green sea turtle, while dredging. Under the Endangered Species Act, the Corps must consult with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service about the project’s effects on certain protected species.
NMFS expressed concern over the project’s potential impacts on green sea turtles, which can be found in many Southern California waterways rich in seagrass, like Newport Bay. These concerns were initially not addressed.
Following Coastkeeper’s lawsuit, the Corps properly consulted with NMFS to analyze what protected species may be affected by its dredging project. The Corps will now incorporate a monitoring program to watch for green sea turtles, marine mammals, and other protected species while dredging occurs to reduce the project’s environmental impact.
Orange County Coastkeeper is a member of Waterkeeper Alliance, which supports over 350 different independent programs across 47 countries. Founded in 1999, the mission of Coastkeeper is to protect swimmable, drinkable, fishable water and promote watershed resilience throughout our region.
Coastkeeper is a nonprofit clean water organization that serves as a proactive steward of our fresh and saltwater ecosystems.
For more information, visit www.coastkeeper.org.
By Newport Indy Staff – August 29, 2024
Source: Newport Beach Independent https://www.newportbeachindy.com/oc-coastkeepers-litigation-stops-newport-harbor-confined-aquatic-disposal-facility-and-improves-dredging-project
March showers have given way to April flowers. The recent storms left in their wake perfect conditions throughout Southern California for thriving vegetation – a super bloom resulting in lush landscapes carpeted with abundant wildflowers.
The storms also replenished many of our major water supply reservoirs and significantly refilled our groundwater basin, resulting in higher-than-average levels compared to many years when these resources remained in limited supply indefinitely.
These same storms have another, less favorable effect on our community, as Newport Beach is at the end of the water “pipe” when it comes to trash and debris flow.
Newport Beach has a handful of iconic attractions that have stood the test of time: The Newport Pier, which replaced the original McFadden Wharf (1888-1939) and is registered as a California Historical Landmark; the Balboa Pavilion, which opened on July 1, 1906 and is the city’s oldest standing building; and the Balboa Island Ferry, which went into service in 1919 to bring cars and passengers across 900 feet of water between Balboa Island and the Balboa Fun Zone.
All permits are in place for the U.S. Army Corps of Engineers to dredge channels in Lower Newport Bay and bury any contaminated sediment in a massive underwater pit at the heart of Newport Harbor.
But the project is now facing multiple legal challenges that could slow it down or thwart it entirely, as resident and environmental groups that tried to block those permits cite ongoing concerns over risks to marine life and bay contamination.





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