20 



Mr. Davies. We are responding to the concern that was ex- 

 pressed by the National Marine Fisheries who have the Federal re- 

 sponsibility for Endangered Species Act. 

 Mr. Saxton. Thank you. 



Mr. Davies. We 



Mr. Saxton. I am sorry. Do you want to continue? 

 Mr. Davies. We have done a very thorough technical review of 

 the bioavailability of the dioxin, the concentration levels in the ma- 

 terial, and our conclusion, as expressed in the letter, is that sedi- 

 ments that do not bioaccumulate the dioxin into the food chain is 

 appropriate for ocean disposal with the appropriate management 

 measures that are specified. 



Mr. Saxton. Thank you. Mr. Rees, a great deal of caution seems 

 to have been taken by the designers of this process in terms of 

 trying to be sure that the contamination that exists — that we all 

 admit exists be contained by a cap. In December of 1992, I am told 

 there was a survey done of the capping material or the material in 

 this site that is currently in place. I am not clear whether it is cap- 

 ping material or just material that has previously been placed at 

 the Mud Dump Site. Then a large storm occurred during December 

 of 1992, and a subsequent survey was done in January of 1993 

 which showed significant movement of the material at the site. 

 Can you comment on that? 



Mr. Rees. Yes, sir. There were comparative surveys done that 

 were initiated by the Corps to determine what is happening, if any- 

 thing, to the dredged material piles at the disposal site. The prelim- 

 inary results indicate some change, and that change was character- 

 ized by the contractor as significant. The Corps is reviewing the 

 contractor's report to see the nature of that characterization within 

 the context of the accuracy of the measurements that are taken. 

 By that, I mean they are in anywhere from 60 to 90 feet of water, 

 and ocean surveys at that depth and given the wave action and 

 tidal range and so forth, the accuracy of the surveys is plus or 

 minus about a foot or so. 



Mr. Saxton. If we can just conclude for the record, I think you 

 said there appears to have been significant movement of material. 



Mr. Rees. No. I said the contractor characterized the movement 

 as significant. The Corps is checking to see whether they can sup- 

 port that view or not. 



Mr. Saxton. I have one more question, Mr. Chairman. Do I have 

 time or is it 



Mr. Green. We will come back. 



Mr: Saxton. OK. Thank you. Thank you very much. 



Mr. Green. Mr. Pallone. 



Mr. Pallone. Yes. Mr. Rees, are you suggesting that this capping 

 study that I made reference to in my opening statement hasn't 

 even been reviewed yet fully by you or by your staff? 



Mr. Rees. I am not sure I understand the question. 



Mr. Pallone. Well, in other words, I made mention in my open- 

 ing statement of the study which I think Mr. Saxton is making ref- 

 erence to. Science Application International Corporation did this 

 survey of the shifting of materials at the Mud Dump Site as a 

 result of the December storm which is, in my opinion, a very good 

 indication of the fact that capping is ineffective and this material 



