# United States Departn1ent ofthe Interior

FISH AND WILDLIFE SERVICE

Oregon Fish and Wildlife Office 2600 SE 98th Avenue, Suite 100 

# ,JVED Portland, Oregon 97266 

## AUG**~l.e;** 

## 2009 Phone: (503)231-6179 FAX: (503)231-6195 Reply To: 8330,10145(09) 

### OFFIt;t: 

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### fEMS File Name: Siuslaw River ODMDS 8-09 LOC,doc TS Number: 09-1607 

### TRIBAL &, 

### PUBUC J.\ffA1RS Tails: 13420-2009-1-0145 Document Type: Final 

# AUG 242009 Richard B. Parkin, Acting Director Office ofEcosystems, Tribal and PublicAffairs U.S. Environmental Protection Agency, Region 10 1200 Sixth Avenue Seattle, Washington 98101-3140 Subject: Informal Consultation for the Environmental Protection AgencyAction to Designate the Siuslaw River Ocean Dredged Material Disposal Site Offshore of the Siuslaw River, Lane County, Oregon (FWS TAILS# 13420-2009-1-0145)

Dear Mr. Parkin:' The Fish and Wildlife Service (Service) has received your document outlining the potential effects to listed species from the Environmental Protection Agency's (EPA) action to designate a new dredged material ocean-disposal site offshore ofthe mouth ofthe Siuslaw River, Lane County, Oregon. Ofinterest to the Service are effects to marbled murrelet (Brachyramphus marmaratus), brownpelican (Pelecanus accidentalis), or short-tailed albatross (Phaebastria albatus) from the proposed action. Your July 22, 2009 letter, requesting section 7 consultation in accordance with the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 etseq.), and biological assessment (ba) were received in this office on July 27,2009. The proposed action consists ofdesignation oftwo Ocean Dredged Material Disposal Sites (ODMDS), located approximately 1mile offshore ofthe entrance ofthemouth ofthe Siuslaw River on the central Oregon coast (see Figure 1in the ba). The proposed North site is 4,800 feet by2,000 feet (220 acres) with an average depth of90 feet, and the South site is 3,000 feet by 2,000 feet (138 acres) with an average depth of78 feet. The Siuslaw River ODMDS would beused for disposal ofmaterial dredged from maintenance of the Federal navigation channel at the Siuslaw River and for the disposal ofsuitable dredged

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### INAMERICA-~'material from otherprojects. Each specificproposal to dispose ofdredged material at the proposed Siuslaw River ODMDS would require a permit, orin the case ofthe

## u.s. Army Corps ofengineers (Corps), a demonstration that substantive permit requirements havebeen metbefore disposal could occur. A portion ofthe North Site (Site A) was designated an EPA Interim Site in 1977 (see Figure 2 in the ba) and portions ofthe North and South sites have been used by the Corps since 1997 (Sites B and C). Due to problems with mounding in these sites, EPA is proposing to enlargethe North and South sites. To keep more material in the active littoral system and to potentially feed the beach, EPA proposes a North site configuration that expands the original sites A and B. To further address potential mounding, the proposed South Site'sboundaryhas been expanded to the south, doubling the size ofthe Site C. Following 2009 expiration, the EPA must designate ocean disposal sites under Section 102 ofthe Marine Protection, Research and Sanctuaries Act of 1972, as amended, 33 U.S.c. §§ 1531 to 1544 in order for dredged material to bedisposed ofat this location.
The volume ofmaterial deposited offshore from the Siuslaw Rivernavigation project from 1977 to 1996 ranged from 65,900 cubic yards (cy) to 388,400 cywith an average of 182,600 cy, all of which was deposed ofat Site A. From 1997 t.o 2008, disposal ranged from 23,100 cy to 117,300 cy with an average of58,867 cy, deposited collectively in Site B and C. Material is expected to bedisposed over a period of20 days ofdredging and disposal (average is about 7days; range 3­ 23 days). Generally, dredging and disposal are expected to occurbetween June I and October 31 ofeach year. Continued management and monitoring ofthe new Section 102 North and South sites will take place in accordance with a Site Management and Monitoring Plan. The draft Site Plan has been included with the biological assessment. Actual impacts to listed species from dredging and disposal activities are addressed separatelyby those entities (primarily the Corps) performing dredging in the area. Dredged material characteristics will also be separately analyzed bythose entities performing dredging.
Based upon information you provided, along with information in our files, we concur with the EPA's determination that the proposed action "may affect, not likely to adversely affect" marbled murrelets, brown pelicans, orshort-tailed albatross for the following reasons: 1. Designation ofODMDS will result in the utilization ofthis area for dredged material disposal. Disposal activity could temporarily displace foraging marbled murrelets or brown pelicans; however, there is abundant suitable foraging habitat throughout the area and marbled murrelets orbrownpelicans would likely forage elsewhereduring disposal activities. Suchminorbehavioral changes in flight orforaging activities are expected to betemporary; and 2. The short-tailed albatross is not likelyto forage within the proximity ofthe dredged disposal site and therefore is not expected to be effected bytheproposed site designation.
This response is prepared in accordance with section 7(a)(2) and 7(c) ofthe Act, and concludes informal consultation on the project pursuant to 50 CFR §402. Ifnew information orproject

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modification reveals that the proposed actions may affect listed species in a manner or to the extent not considered inyour assessment, or ifa new species is listed or critical habitat is designated that maybe affected bythe action, consultation should be reinitiated immediately.
Ifyou have any questions about this consultation, please contact Kathy Roberts ofmy staffat (503) 231-6179.

# Ll'~f'. ';CA dO::- Paul Henson, Ph.D. 

### '(/7 State Supervisor

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