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
By 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.
Newport Harbor Foundation Chairman Dennis Durgan has announced the addition of Newport Beach Harbor Commission Chairman William “Skip” Kenney to the Foundation’s board of directors.
Kenney joins former Newport Beach Harbormaster Dennis Durgan, Val Lyon, and Devon Kelly.
“As we build out our board of directors Skip Kenney’s almost eight years of service as a harbor commissioner and over forty years of business experience is a welcome addition to the Foundation’s board,” said Dugan. “Skip was instrumental in the complex redrafting Title 17 of our Harbor Code so it reflects current conditions in the bay. He listened to the multitude of stakeholders and worked with his colleagues to help create a blueprint for the harbor that helps the Foundation with our goal of taking it to the next level.”
“My service on the Harbor Commission will end next June,” said Kenney. “I am excited about transitioning to the Newport Harbor Foundation and their mission to preserve our most important asset while improving it for future generations. I appreciate the Board’s confidence in me to help realize their mission.”
Kenney has been involved in the shopping center industry for over 40 years, many of which were spent at Donahue Schriber, a well known Southern California based shopping center developer. He formed The Kenney Company in May 1995 to pursue new development opportunities and challenges.
He is a past Chairman, President, and Treasurer of the California Business Properties Association, and a past State Governmental Affairs Chairman for the International Council of Shopping Centers (ICSC).
He currently is the Chief Financial Officer of Balboa Yacht Club and has been serving on the City of Newport Beach Harbor Commission since 2014, including three terms as Chairman.
The Newport Harbor Foundation was incorporated in 2019 as a 501C3 non-profit educational corporation dedicated to the preservation and improvement of Newport Harbor. At a recent kick-off luncheon, the Foundation raised $550,000 towards their goal of $2.5 million to purchase police boats and fire boat for the harbor.
Longtime Newport Beach resident Devon Kelly has joined the Newport Harbor Foundation board of directors.
“Devon brings a wealth of harbor history and knowledge to the Foundation’s mission. She has spent her entire life sailing on the bay and volunteering in the community. Her boundless energy is welcome as we push towards taking our harbor to the next level for all to enjoy,” said Newport Harbor Foundation Chairman Dennis Durgan.
“I’ve sailed throughout the United States and Mediterranean and believe Newport Harbor is a treasure that needs to be maintained and managed properly for future generations,” said Kelly. “I look forward to working with the Foundation to develop programs to improve water quality and enhance the harbor’s ecosystem for recreation, boating, and commerce.”
Kelly was born and raised in Newport Beach and grew up sailing and cruising to Catalina. She attended Newport Harbor High School and Cal Poly San Luis Obispo. She and her husband Gregg have two children who live locally. Kelly taught school at Carden Hall Elementary in Newport Beach, and coached field hockey at Newport Harbor High School. She has served on the Newport Harbor High School Educational Foundation and also was a Board member on the Lido Isle Community Association.
The Newport Harbor foundation was incorporated in 2019 as a 501C3 non-profit educational corporation dedicated to the preservation and improvement of Newport Harbor. At a recent kick-off luncheon, NHF raised $550,000 toward their goal of $2.5 million to purchase police boats and fire boats for the harbor.


Paul Blank

Share this entry