152 



Although the ACOE's recommendations may not be considered complete as far as 

 we are concerned, it does at least suggest thresholds and what should be done if 

 those thresholds are exceeded. The MMP does not appear to comport to ACOE's 

 own guidance. 



Lastly, the MMP is very similar in nature to the effort undertaken in the 

 early 1980s around the EMD. described above. There is no indication that any 

 lessons have been learned from the last time the Corps experimented with 

 capping and that those lessons have been incorporated into this current endeavor. 



e. New Jersey's Coastal Zone Management Act decision was flawed. 



Section 307(C)(3)(A) of the Coastal Zone Management Act does allow 

 states to determine whether Federally permitted activities "in or outside of the 

 coastal zone, affecting any land or water use or natural resource of the coastal 

 zone of the State" is consistent with the State's Coastal Zone Management Plan. 

 In early November. Clean Ocean Action prevailed upon the State of New Jersey 

 to review its consistency decision and granting of a water quality certificate given 

 that the potential for the disposal of sediments at the Mud Dump Site to attract 

 fish that want to consume any organic matter or marine organisms present in the 

 dredged materials 43 . A Supplemental Public Notice issued in late October for the 

 Port Authority's project was seen as an opportunity for the State to review all 

 information available about the potential impact at the Mud Dump Site. NJDEPE 

 had set conditions to its water quality certificate restricting barge overflow when 

 the material was being dredged in Newark Bay, but no review of dumping 

 impacts were considered. Although NJDEPE agreed that the issues raised were 

 important, it declined to reopen its consistency determination. 



f. Endangered Species Act consultation 



At the request of NOAA. the COE has initiated a consultation under the 

 Endangered Species Act. Under the law. NOAA has the authority to review a 

 proposed dumping project to determine whether it will threaten any endangered 

 species in the area. The Corps is obliged to supply all pertinent information 



43 Cindy Zipf of Clean Ocean Action letter to Scott Weiner. Commissioner 

 of NJDEPE dated November 3. 1992 and Clean Ocean Action and American 

 Littoral Society letter to Bob Tudor. Administrator. Land Use REgulation Program 

 for NJDEPE dated November 12. 1992. 



