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 State Habitat Director 

National Marine Fisheries Service 

1201 NE Lloyd Boulevard, Suite 1100 

Portland, Oregon 97232 

Re: 	 Request for Formal Consultation from National Marine Fisheries Service (NMFS) on 

EPA Determination that Indirect Effects of Site Designation of the Siuslaw River Ocean 

Dredged Material Disposal Sites is "Likely to Adversely Affect" Listed Threatened or 

Endangered Species; 

Request for Finding from NMFS that the Siuslaw River Ocean Dredged Material 

Disposal Site Designation "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 opportunity to 

examine whether its proposed action to designate two ocean dredged material disposal sites 

pursuant to Section 1 02( c) of the Marine Protection, Research and Sanctuaries Act, as amended 

(MPRSA), 33 U.S.C. §§ 1401 to 1445, near the mouth of the Siuslaw River offthe coast of 

Oregon will impact species listed as endangered or threatened pursuant to 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 under NMFS jurisdiction occurring in the area or adversely 

impact designated critical habitat for those species. For a complete species list, please refer to 

Table 1 ofthe 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 opportunity to review the draft Biological Opinion once it is available and prior to 

finalization. EPA, Region 10, is also enclosing a draft of the 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 would have the potential to adversely affect essential fish 

habitat (EFH) pursuant to its obligation as a federal agency under the 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 if any action or proposed action . 
authorized, funded, or undertaken by the 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, pursuant to 50 C.F.R. § 600.92O(h), and a finding by NMFS 

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 our request to initiate informal consultation if you find the 

project is "not likely to adversely affect" species and critical habitat under your jurisdiction. We 

are available for discussion ofthe topics and issues raised in this letter. If you should have any 

questions, please do not hesitate to call Jessica Winkler ofmy staff at (206) 553-7369. 

Sincerely, 

~~"-4 -4 

Richard B. Parkin, Acting Director 

Office of Ecosystems, Tribal and Public Affairs 

Enclosure 

cc w/enc: Brent Norberg, Marine Mammal Coordinator