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

The Facts Behind the City’s Dredging Project and In-Harbor Sediment Plan

The California Coastal Commission is preparing to consider permitting plans for an important Newport Harbor dredging project. The City of Newport Beach would like to remind residents about the critical need for this project and clarify key topics, including the rigorous environmental analysis that supports the proposal.

Dredging Newport Harbor is critical to maintain safe navigation and a well-functioning harbor. Over the past several decades, sediment has washed down into Newport Bay and accumulated at the bottom of Newport Harbor, which reduces water depths, impedes navigation and diminishes natural tidal flushing. Periodic dredging of Newport Harbor is essential to maintain safe, navigable waterways for recreational, commercial and public safety vessels; increase necessary ocean water flushing to support good water quality and habit and support the economic vitality of the harbor. In total, the project will dredge and remove about 1.2 million cubic yards of accumulated sediment, therefore returning the waterways to their original depths of -10 to -20 feet. Without dredging, sediment will continue to build up, making navigation more difficult and dangerous and decrease tidal flushing, leading to more stagnant water conditions.

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Misstatements and Facts

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.

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A Letter To The State of California Regional Water Quality Control Board

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.

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