UNITED ST ATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue, Suite 900 


Seattle, WA 98101-3140 


OFFICE OF 


ECOSYSTEMS, TRIBAL AND 


PUBLIC AFFAIRS 


NOV 2 4 2009 

Reply to 

Attn Of: ETPA·088 

Sue Shaffer, Chair 

Cow Creek Band of Umpqua Tribe of Indians 

2371 NE Stephens Street 

Roseburg, Oregon 97470 

RE: Consultation and Coordination with Indian Tribal Governments for the Proposed 

Designation of the Siuslaw River North and South Ocean Dredged Material Disposal Sites 

Dear Ms. Shaffer: 

I am writing on behalf of the Environmental Protection Agency (EPA), Region 10 to 

offer government-to-government consultation with the Cow Creek Band of Umpqua Tribe of 

Indians regarding the proposed designation of Ocean Dredged Material Disposal Sites (ODMDS) 

at the mouth of the Siuslaw River. EPA is proposing two sites, a North Site and a South Site, as 

shown in the figure on page 4 Of this letter, for designation under Section 102 of the 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 of the entrance to the Siuslaw River along the Oregon Coast, a location that has 

been used historically for the disposal of dredged material. Proposed North Site dimensions are 

4,800 feet in length by 2,000 feet in width, 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 1 nm southwest of the entrance to the Siuslaw River, a location that has 

also been used historically for the disposal of dredged 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 selected by the U.S. Army Corps of Engineers (Corps) under Section 103(b) 

of the MPRSA, however, the existing sites are no longer authorized and new and larger sites are 

proposed for designation by EPA under Section 102 of the MPRSA: The primary user of the 

sites has been the Corps for the disposal of material dredged as part of the Corps' navigation 

project to maintain the Siuslaw River navigation channel. EPA expects the Corps to continue as 

the primary user of the proposed sites. 

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EPA's designation of Section 102 disposal sites does not create or confer rights on any 

person or entity to use a designated site upon the effective date of site designation. Persons or 

entities who seek to use a site must first obtain a federal permit, or in the case of the Corps, meet 

the substantive permit requirements, in order to actually use a designated ocean dredged material 

disposal site. This process would include meeting the requirements of applicable statutes and 

regulations, including satisfying the requirements of 40 CFR Section 227.13, to ensure the 

material is environmentally acceptable for disposal. The bulk of the dredged material to be 

disposed at the proposed sites comes from shoals in and near the Siuslaw River entrance channel. 

These shoals consist primarily of marine sand transported into the entrance as part of the Heceta 

Head littoral cell. The long-term use of a site is managed through adherence to the Site 

Management and Monitoring Plan (SMMP) which must be finalized prior to site designation. 

The SMMP outlines site use requirements, monitoring protocols, and incorporates adaptive 

management principles for ongoing use of the site. 

EPA is inviting tribes along the southern Oregon Coast to participate in government-togovernment consultation with EP regarding these proposed Ocean Dredged Material Disposal 

Sites. Consultation, as Region 10 uses that term under the Tribal Consultation Framework, 

means "the process of seeking, discussing, and considering the views of federally recognized 

tribal governments" in a respectful, meaningful two-way communication that works toward 

consensus reflecting the concerns of the potentially affected federally recognized tribes before 

EP A makes its final decision or moves forward. If your Tribal government would like to 

participate in government-to-government consultation, please notify Justine Barton of my st;:lff, 

no later than December 15, 2009, and provide Ms. Barton the name of a Tribal representative 

who will serve as the Tribal point of contact for planning the consultation. Ms. Barton may be 

reached by telephone at (206) 553-6051, or by email at barton.justine@epa.gov. 

Please note your cultural resources staff will receive a separate letter regarding EPA's 

determination of effect under Section 106 of the National Historic Preservation Act. EPA 

anticipates publishing the 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 staff contact Ms. Barton, if 

there are any questions about this letter or about the proposed site designations. 

O.Sincerely.,11'1.. (-') (rL -. 

l1~B,~ Richard B. Parkin, Acting Director 

Office of Ecosystems, Tribal and Public Affairs 

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cc: 	 Steven Rondeau, Natural Resources Director 

Cow Creek Band of Umpqua Indians 

Jessie Plueard, Tribal Archeologist 

Cow Creek Band of Umpqua Indians 

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PROPOSED OCEAN DREDGED MATERIAL DISPOSAL SITES 

Siuslaw River North Site & South Site 

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