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

It’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.

Continue reading at the Los Angeles Times…

Marina Park

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.”

Continue reading at https://www.stunewsnewport.com/