Analysis of Dike 14 CDF to Public Greenspace. Who owns Dike 14? State of Ohio holds Dike 14 as a public trust land Cleveland-Cuyahoga County Port Authority.

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Presentation transcript:

Analysis of Dike 14 CDF to Public Greenspace

Who owns Dike 14? State of Ohio holds Dike 14 as a public trust land Cleveland-Cuyahoga County Port Authority leases Dike 14 for use as a Confined Disposal Facility Port Authority’s lease expires in 2016

What state regulations apply to the land use of Dike 14? Port Authority must adhere to a set of guiding principles, among them:  adherence to city waterfront plans  environmental concerns  aesthetic concerns  public use rights

What federal agencies govern the land use of Dike 14? US Army Corps of Engineers (USACE) US Environmental Protection Agency (USEPA) US Fish and Wildlife Service (USFWS).

How does the USACE regulate Dike 14’s use? Ultimate jurisdiction over construction, including approval of plan Water quality permits (Clean Water Act) Must exercise due regard for wildlife and environmental concerns

What is the current status of Dike 14 as regards USACE? Filled to capacity, operations ceased Reopening Dike 14 requires new federal permits For next 8 years, Cleveland Harbor dredge to go to Dike 10B Dike 14 listed as ONE of SEVERAL possibilities for future dredge management

How does the USEPA regulate Dike 14’s use? National Environmental Policy Act Clean Water Act Resource Conservation and Recovery Act

How does the USFWS regulate Dike 14’s use? Endangered Species Act Fish & Wildlife Coordination Act Migratory bird treaties, Migratory Bird Treaty Act

How does the Endangered Species Act affect Dike 14? Critical habitat designation? Federal actions Piping Plover Migratory bird treaties

What is the current condition of Dike 14, with regard to human health? Unknown Nearby Areas of Concern Possible lead/PCB contamination Historical dredge analysis Current soil analysis

If Dike 14 soil is contaminated, who cleans it up? CERCLA (Superfund)? US Army Corps of Engineers? The State of Ohio? The City of Cleveland? Other interested parties?

When Considering the Future of Dike 14, What Values Should We Consider? Capacity for storage of contaminated harbor dredge material Public green space / lakefront access Wildlife conservation & biodiversity Educational opportunities Recreational opportunities Overall waterfront design

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