UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 

### JUL 22 

### 2009 OFFICE OF ECOSYSTEMS, TRIBAL AND PUBLIC AFFAIRS

CERTIFIED MAIL
- RETURN RECEIPT REQUESTED
Kim Kratz Acting Oregon StateHabitat Director National Marine Fisheries Service 1201 NE Lloyd Boulevard, Suite 1100 Portland, Oregon 97232
Re: Request forFormal Consultation from National Marine Fisheries Service (NMFS) on EPA Determination that Indirect Effects ofSite Designation ofthe Siuslaw River Ocean Dredged Material Disposal Sites is "Likelyto Adversely Affect" Listed Threatened or Endangered Species; Request for Finding from NMFS that the Siuslaw River Ocean Dredged Material Disposal SiteDesignation "Does Not Have the Potential to Cause Substantial Adverse Effects to Essential Fish Habitat"
Dear Mr. Kratz: The U.S. Environmental Protection Agency (EPA), Region 10, has had an opportunityto examine whether its proposed action to designate two ocean dredged material disposal sites pursuantto Section 1 02(c) ofthe Marine Protection, Research and Sanctuaries Act, as amended (MPRSA), 33 U.S.C. §§ 1401 to 1445, nearthe mouth ofthe Siuslaw River offthe coast of Oregon will impact species listed as endangered orthreatened pursuantto the Endangered Species Act of 1973, as amended (ESA), 16 U.S.C. §§ 1531 to 1544. Based on the attached Biological Assessment, EPA, Region 10, has determined that the indirect effect ofEPA's proposed action to designate the Siuslaw Ocean Dredged Material Disposal Sites is likely to adversely affect designated species underNMFSjurisdictionoccurring in the area or adversely impact designated critical habitat for those species. For a complete species list, please referto Table 1ofthe attached Biological Assessment. EPA, Region 10, requests formal consultation on its proposed action to designate the Siuslaw Ocean Dredged Material Disposal sites and requests the opportunityto review the draft Biological Opinion once it is available and priorto finalization. EPA, Region 10, is also enclosing a draft ofthe Site Management and Monitoring Plan (SMMP) for your information. EPA, Region 10, has also assessed whether its action to designate the Siuslaw Ocean Dredged Material Disposal sites wouldhave the potential to adversely affect essential fish habitat (EFH) pursuant to its obligation as a federal agency underthe Magnuson-Stevens Fishery Conservation and Management Act, as amended, P.L.94-265 and P.L. 109-479, (MSA). The MSA requires any Federal Agency to consult with NMFS ifany action orproposed action

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### authorized, funded, orundertaken bythe federal agency may adversely affect EFH identified under the MSA. Based on the infonnation in the attached Essential Fish Habitat Assessment, EPA, Region 10, has determined that its proposed action does not have the potential to cause substantial adverse effects to EFH. EPA, Region 10, notifies NMFS ofits assessment and requests abbreviated consultation, pursuantto 50 C.F.R. § 

### 600.92O(h), and afinding byNMFS that EPA, Region 10's, proposed action to designate the Siuslaw Ocean Dredged Material Disposal sites does not have the potential to cause substantial adverse effects to EFH. This letter will also serve as ourrequest to initiateinformal consultation ifyou find the project is "notlikely to adversely affect" species and critical habitatunder yourjurisdiction. We are available for discussion ofthe topics and issues raised inthis letter. Ifyou should have any questions, please do not hesitate to call JessicaWinkler ofmy staffat (206) 553-7369. Sincerely,

# ~~"-4 -4 Richard B. Parkin, ActingDirector Office ofEcosystems, Tribal and Public Affairs

Enclosure

cc w/enc: BrentNorberg, Marine Mammal Coordinator