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Analysis of Dike 14

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.

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Analysis of Dike 14

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  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 Authority’s 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 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

  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 14’s use? • National Environmental Policy Act • Clean Water Act • Resource Conservation and Recovery Act

  8. How does the USFWS regulate Dike 14’s 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

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