United States Departn1ent of the 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: ur c~ ~iti',(S 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 of Ecosystems, Tribal and Public Affairs 

U.S. Environmental Protection Agency, Region 10 

1200 Sixth Avenue 

Seattle, Washington 98101-3140 

Subject: 	 Informal Consultation for the Environmental Protection Agency Action 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 of the mouth ofthe Siuslaw River, Lane 

County, Oregon. Of interest to the Service are effects to marbled murrelet (Brachyramphus 

marmaratus), brown pelican (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 et seq.), and biological assessment (ba) 

were received in this office on July 27,2009. 

The proposed action consists of designation oftwo Ocean Dredged Material Disposal Sites 

(ODMDS), located approximately 1 mile offshore ofthe entrance ofthe mouth ofthe Siuslaw 

River on the central Oregon coast (see Figure 1 in the ba). The proposed North site is 4,800 feet 

by 2,000 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 be used for disposal ofmaterial dredged from maintenance of 

the Federal navigation channel at the Siuslaw River and for the disposal of suitable dredged 

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material from other projects. Each specific proposal to dispose ofdredged material at the 

proposed Siuslaw River ODMDS would require a permit, or in the case ofthe u.s. Army Corps 

of engineers (Corps), a demonstration that substantive permit requirements have been met before 

disposal could occur. 

A portion of the North Site (Site A) was designated an EPA Interim Site in 1977 (see Figure 2 in 

the ba) and portions of the 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 enlarge the 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's boundary has 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 be disposed of at 

this location. 

The volume ofmaterial deposited offshore from the Siuslaw River navigation project from 1977 

to 1996 ranged from 65,900 cubic yards (cy) to 388,400 cy with an average of 182,600 cy, all of 

which was deposed of at Site A. From 1997 t.o 2008, disposal ranged from 23,100 cy to 117,300 

cy with an average of 58,867 cy, deposited collectively in Site B and C. Material is expected to 

be disposed over a period of 20 days ofdredging and disposal (average is about 7 days; range 3­

23 days). Generally, dredging and disposal are expected to occur between June I and October 31 

of each year. Continued management and monitoring of the 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 separately by 

those entities (primarily the Corps) performing dredging in the area. Dredged material 

characteristics will also be separately analyzed by those 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, or short-tailed albatross for the following reasons: 

1. 	 Designation ofODMDS will result in the utilization of this 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 or brown pelicans would likely forage elsewhere during disposal 

activities. Such minor behavioral changes in flight or foraging activities are expected to 

be temporary; and 

2. 	 The short-tailed albatross is not likely to forage within the proximity of the dredged 

disposal site and therefore is not expected to be effected by the proposed site designation. 

This response is prepared in accordance with section 7(a)(2) and 7(c) of the Act, and concludes 

informal consultation on the project pursuant to 50 CFR §402. If new information or project 

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modification reveals that the proposed actions may affect listed species in a manner or to the 

extent not considered in your assessment, or if a new species is listed or critical habitat is 

designated that may be affected by the action, consultation should be reinitiated immediately. 

If you have any questions about this consultation, please contact Kathy Roberts ofmy staff at 

(503) 231-6179. 

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

'(/7 State Supervisor 

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