Analysis of Dike 14

1
Analysis of Dike 14

• CDF to Public Greenspace

2
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 Authoritys lease expires in 2016

3
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

4
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).

5
How does the USACE regulate Dike 14s use?

• Ultimate jurisdiction over construction,
  including approval of plan
• Water quality permits (Clean Water Act)
• Must exercise due regard for wildlife and
  environmental concerns

6
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

7
How does the USEPA regulate Dike 14s use?

• National Environmental Policy Act
• Clean Water Act
• Resource Conservation and Recovery Act

8
How does the USFWS regulate Dike 14s use?

• Endangered Species Act
• Fish Wildlife Coordination Act
• Migratory bird treaties, Migratory Bird Treaty
  Act

9
How does the Endangered Species Act affect Dike
14?

• Critical habitat designation?
• Federal actions
• Piping Plover
• Migratory bird treaties

10
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

11
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?

12
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