**~.** UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140
OFFICE OF 

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## 2 4·2009 ECOSYSTEMS. TRIBAL AND PUBLIC AFFAIRS Reply to Attn Of: ETPA-088 

### Edward L. Metcalf, Chair Coquille Indian Tribe 3050 Tremont Street, P.O. Box 783 North Bend, Oregon 97459 RE: Consultation and Coordination with Indian Tribal Governments for the Proposed Designation ofthe Siuslaw River North and South Ocean DredgedMaterial Disposal Sites Dear Mr. Metcalf: I am writing on behalfofthe Environmental Protection Agency (EPA), Region 10 to offer government-to-government consultation with the Coquille Indian Tribe regarding the proposed designation ofOcean DredgedMaterial Disposal Sites (ODMDS) at the mouth ofthe Siuslaw River. EPA is proposing two sites, aNorth Site and a South Site, as shown in the figure on page 4 ofthis letter, for designation under Section 102 ofthe Marine Protection, Research and Sanctuaries Act of 1972, as amended (MPRSA), 33 U.S.c. §§ 

### 1401 to 1445. The proposed North Site is located in ocean waters approximately 0.75 nautical miles (nm) northwest ofthe entrance to the Siuslaw River along the Oregon Coast, alocation that has been used historically for the disposal ofdredged material. Proposed North Site dimensions are 4,800 feet in length by 2,000 feet inwidth, with site depths ranging from approximately 30 feet at the shallower end to 115 feet at the deeper end. The proposed South Site is located in ocean waters approximately 1nm southwest ofthe entrance to the Siuslaw River, alocation that has also been used historically for the disposal ofdredged material. Proposed South Site dimensions are 3,000 feet in length by 2,000 feet in width, with site depths ranging from approximately 80 feet at the shallower end to 125 feet at the deeper end. Both proposed sites will be sited to encompass existing dredged material disposal sites that were originally selectedby the U.S. Army Corps ofEngineers (Corps) under Section l03(b) ofthe MPRSA, however, the existing sites are no longer authorized and new and larger sites are proposed for designation by EPA under Section 102 ofthe MPRSA. The primary user ofthe sites has been the Corps for the disposal ofmaterial dredged as part ofthe Corps' navigation project to maintain the Siuslaw River navigation channel. EPA expects the Corps to continue as the primary user ofthe proposed sites.



# o Prlnteclon RecycledPaper.' 2 EPA's designation ofSection 102 disposal sites does not create orconfer rights on any person orentityto use a designated site upon the effective date ofsite designation. Persons or entities who seek to use a site must first obtain a federal permit, or in the case ofthe Corps, meet the substantive permitrequirements, in order to actually use a designated ocean dredged material disposal site. This process would include meeting the requirements ofapplicable statutes and regulations, including satisfying the requirements of40 CFR Section 227.13, to ensure the material is environmentally acceptable for disposal. The bulk ofthe dredged material to be disposed at the proposed sites comes from shoals in and nearthe Siuslaw River entrance channel. These shoals consist primarily ofmarine sand transported into the entrance as part ofthe Heceta Head littoral cell. The long-termuse ofa site is managed through adherence to the Site Management and Monitoring Plan (SMMP) which must be finalized prior to site designation. The SMMPoutlines site use requirements, monitoring protocols, and incorporates adaptive management principles for ongoing use ofthe site. EPA is inviting tribes along the southern Oregon Coastto participate in government-togovernmentconsultation withEPAregarding these proposed Ocean DredgedMaterial Disposal Sites. Consultation, as Region 10 uses that term under the Tribal Consultation Framework, means "theprocess ofseeking, discussing, and considering the views offederally recognized tribal governments" in a respectful, meaningful two-way communication that works toward consensus reflecting the concerns ofthe potentially affected federally recognized tribes before EPA makes its final decision ormoves forward. Ifyour Tribal government would like to participate in government-to-government consultation, please notifyJustine Barton ofmy staff, no laterthan December 15, 2009, andprovideMs. Barton the name ofa Tribal representative who will serve as the Tribal point ofcontact for planning the consultation. Ms. Barton may be reached bytelephone at (206) 553-6051, orby email at barton.justine@epa.gov. Please note your cultural resources staffwill receive a separate letter regardingEPA's determination ofeffectunder Section 106 ofthe National Historic Preservation Act. EPA anticipatespublishingthe proposed designation in the Federal Register in January 2010 and a 30­ day public comment period will begin once the notice is published. The Tribe is also free to submit comments while the public comment period is open. Please feel free to contact me at (206) 553-8574 or have your staffcontact Ms. Barton, if there are any questions about this letteror about the proposed site designations.

Richard B. Parkin, Acting Director Office ofEcosystems, Tribal and Public Affairs



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cc: Nicole Norris, Archaeologist Coquille Indian Tribe Jason Robinson, Natural Resources Manager Coquille Indian Tribe

## .­ 4 PROPOSED OCEANDREDGED MATERIALDISPOSALSITES Siuslaw River North Site & South Site

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