24 



Mr. Sinding. On the basis of the information provided by the ap- 

 plicant as well as the analysis by EPA and the Corps of Engineers, 

 our position has been that this material — that the dredging of this 

 material in the waters of the State of New Jersey and the disposal 

 six miles off the coast of New Jersey is not inconsistent with the 

 Coastal Zone Management Act. 



Mr. Saxton. I heard you say it is not inconsistent with the Coast- 

 al Zone Management Act, but that wasn't my question. My ques- 

 tion was whether or not you consider the disposal of dioxin-con- 

 taminated material at this Mud Dump Site harmful to the marine 

 habitat? 



Mr. Sinding. I guess the best way to answer that is that at this 

 point we have not seen any definitive information and until the 

 Corps of Engineers has made a final decision on the updated infor- 

 mation having to do with this permit, it would probably be prema- 

 ture of us to indicate a final decision to that effect. But on the 

 basis of the information that has been made available to us at each 

 step of the process, our feeling was that it did not constitute a dele- 

 terious effect that would require us to invoke or suggest that we 

 should invoke that consistency review process. 



Mr. Saxton. Mr. Rees, do you consider this permit subject to the 

 consistency requirements of CZMA? 



Mr. Rees. Yes, sir. 



Mr. Saxton. Thank you. Thank you, Mr. Chairman. 



Mr. Green. Mr. Pallone. 



Mr. Pallone. Thank you, Mr. Chairman. I also wanted to re- 

 quest that we be allowed to submit questions for the record after 

 this hearing if that is OK with the Chairman. I don't know if that 

 was established previously, that we be allowed to submit written 

 questions after the hearing. 



Mr. Green. Yes. 



Mr. Pallone. OK. Thank you. I wanted to ask a few things. First 

 of all, I am not sure I understand about this NMFS, National 

 Marine Fisheries Service, and what they can do at this point. Mr. 

 Davies, maybe you can answer to me. I thought that the only thing 

 left for them at this point is to simply make some recommenda- 

 tions. Is there actually anything to prevent the Corps from going 

 ahead and allowing this dredging to take place because of any 

 action that remains to be taken by NMFS? In other words, what is 

 to stop them from allowing the dredging tomorrow at this point? Is 

 there anything that has to be referred to NMFS legally at this 

 point? 



Mr. Davies. Yes. 



Mr. Pallone. Anybody can answer it. 



Mr. Davies. In my mind, under the Endangered Species Act, 

 there is consultation ongoing with National Marine Fisheries be- 

 tween the Corps and National Marine Fisheries and their biologi- 

 cal opinion may concur completely with the finding of the Corps of 

 Engineers which then would say go ahead. There could also be con- 

 ditions in that biological opinion 



Mr. Pallone. Yes, but I guess what I am asking is, and maybe I 

 should address it to the Army Corps — Mr. Rees, do you feel that 

 you have to wait for some action or some OK from NMFS at this 

 point? 



