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Court order needed to stop dredging

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Many Newport residents are just hearing about the Santa Ana River

“dredge-and-dump” project. The chatter among those who know is this:

Because the City Council agreed to write a letter to the U.S. Army

Corps of Engineers, the project has been halted. This couldn’t be

further from the truth.

As the scope of the Santa Ana River dredging project involves

federal (the corps), county (Orange County Department of Regional

Resources) and city (Newport Beach), the reversal process is arduous

and filled with organizational delay. Just as we had to wait for a

City Council meeting to occur to voice our dissatisfaction with this

project, the hierarchy must wait for its scheduled meetings and

supervisory approvals.

Because our opposition to the dumping part of the project involves

a third party (the contractor), an official change order must be

requested up the political ladder and passed to the construction

company. Fighting City Hall is one thing -- and certainly the first

step -- but challenging officials in the federal government and

asking them to change something in less than a two-week period is a

next-to-impossible task.

And because of the brief time between resident notification, which

was marginal at best, and the commencement of the project weeks

before anyone knew about it, the horse is out of the barn. Scrapers

are scraping, scoop shovels are scooping, and workers are preparing

to close the beaches in West Newport and begin their disposal of

river dredge. Yet still, many homeowners still are not aware. Those

who are remain in a wait-and-see posture to see if the letter to the

Army Corps of Engineers accomplished anything.

If the contents of the letter are received warmly by Orange

County, perhaps the county can forward a letter of encouragement to

the corps and ask its permission to make alternative arrangements

with the contractor. If there is one negative head nod, the project

continues as planned, most likely with the excuse of economic

necessity.

Careful evaluation of documents for this project reveals

discrepancies in environmental reports and statements as they relate

to the scope of the project planned. Outdated and often misleading

figures contradict a need for “beach nourishment” as first suggested.

Evidence and public outcry mean the disposal part of this project

needs to be halted or at least postponed. This, unfortunately, is a

bigger process than garnering public opinion. A federal injunction to

stop the Army Corps of Engineers is necessary to halt this project.

In time.

A small group of homeowners has banded together to initiate this

legal process that can cost more than $20,000 to pursue, because as

mentioned before, it needs to go up the organizational ladder to come

down. Obviously, this path has resistance. It isn’t a “done deal”

either way, at this point, as both sides have points of interest and

concerns. West Newport residents must unite in this effort and

express their opinions to city, county and state officials. A

contribution to the nonprofit organization “Stop Dumping” to help

fund this legal battle is a way to actively let your voice be heard.

There is no time left just for talk.

BARBARA DE LA PENA

Newport Beach

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