UNITED STATES ENVIRONMENTAL PROTE.CTION AGENCY 


REGION 10 


1200 Sixth Avenue, Suite HOO 


S(~attle, WA 98101·3140 


OFC 1 4 ?009 

CERTIFIED I\'IAII..• - RE'IlJRN RE(:ElPT REQlJES1'EO 

.r..1r. Ki III Kra11 

A.cli.ng, ()regon Siale I.labit.<lt [)irectclr 

National Marirh~Fish(~ries Servi('t~ 

L!OI N[.~ IJc)yd Blvd., Suit(~ I I DC) 

P()['lland, ()regon 97232 

Re:\Vilhdrawa! of Request for Forrna.! ('onsuitalioll; r((~qUt~st t<) C:tH1Stdl inforrnally; and 


Request for Concurrence I.hat Designation Ill' Siwila~v River Nllrth and South C.k'can 


[)redged .Material Disposal Sit.es is "Not L.ikely 10 AdvC'rsely Affect" l..isted 


'['hrealellcd or Endangered Spec ies 


Dear Mr. Kratz: 

The tLS .. Envirorllnent.ul Proteetioll Agency O::l)A), R\.~gion to, appreciatt~s the work and 

dTrlrt your staff has eXpt~IKk~d in assisting .EPA with th~: consultation em EPA's pnJPosed action to 

designate t.wo OCC,1Il drt~dgt'd rnalcrial dispo.saJ sites ncar the rnouth of the Siusbw Rivt:r pursuant ICI 

Section 102(c) of the Marine Protection, Research and Sanctuaries Act, a~, arnen(k~d (MPRSA). W'c 

<lJe taking this opp()rtunity 10 w'ithdraw our rt~que~t j(lf forrna! l'(Hlsuhali(1I1 nn Ii'll' propnsed action 

and 10 request informal consultalion. 

Based on our disl:lIssions with Yf)llr st.aff, and based on our assessrnenl. of potential impact.s 10 

species from the proposed action If) design,,!(: two ()(:can dJt:dged rnatl:!rial disposal sites near the 

rnollth of the Siusll1w Rivt~r pursuant to ScctiIHl I02(d of the 1IrlPRSA, EPA has ,kICnnin(:tl that. (.he 

proposed action \0 designate the ~jlt:s is not likely 1.0 adversely afft'ct designated spt'cie!~ oCl~urring in 

the <if!:!;] or adversely irnpacI designat.ed crll.ital habitat fflr Ihclse species. EPA's l:\u!uar.icHl leading 

to thl~ conclusion that the actiC'IIl is niH likely tn adversely "freet listed sp('(.~ies or adversely ilnpact 

critical habitat f(If' those sIX~cks is enclos(:d. r;PA, Region 10 n~qll,~st:.; your ,,,riUen COII..:urrem:t.' that 

its propclsl~d action to (ksigllal.c' the Siuslaw North and South (kean Dredged Material Disposal Sitl'.~s 

is not likely to adversely aflec[ listed threatened or endang\:.~rt.~d spet:ies ()I" designat.ed crit.ical habitllt. 

'rhank you again for yOUI' ass.istance during this ciJnSUlialion. Wt: appreciate the Iillle and 

effort yClll!' office has put into the process to (/al(:. II' Y()U stH.llIl.d have any questions. please do nOI 

hesitate to call Jessica \-Vinkler of Iny staff at. (206) 55~· 7369 or Justine Barton at (206) 553-6051. 

SirKen~ly. 

Richard B. Parkin, Director .' 

Office of Ecosysll~lns, 'l'ribal and. Publi i0AJI'airs 

Enck.lslIre 

cc w/encl.: RClber! Andcl'S{)II, N.M.I.:'S 
SIUSLAW RIVER, OREGON, 


OCEAN DREDGED MATERIAL DISPOSAL SITE DESIGNATION 


BIOLOGICAL ASSESSMENT ADDENDUM 


December 14, 2009 

This document references EPA's July 2009 Biological Assessment (BA). The 

following replaces applicable sections of the BA. 

Determination for ESA-Listed Species and Designated Critical Habitat 

Coho Salmon 

As described in EPA's assessment of the effects in the July 2009 Biological Assessment (BA). 

disposal of material at the sites could result in physiological effects to outmigratingjuvenile 

salmonids and therefore. could be an indirect effect of site designation. However. given that the 

peak for outmigration is typically from early March through early April and generally. disposal is 

expected to occur between June 1 and October 31 of each year and is not expected to exceed 20 , 

days annually, there is limited potential for overlap between the two seasons. Given that EPA 

expects primarily sand to be deposited at the sites. and that most likely a hopper dredge will be 

disposing of material gradually. wtJile underway, the potential for physiological effects to any 

nearby juvenile salmonids is low. Therefore, it is concluded that the proposed action may affect. 

but is not likely to adversely affect DC coho salmon, SONCC coho salmon, and Lower Columbia 

River coho salmon. Critical habitat for OC coho salmon has been designated and the primary 

constituent elements (PCEs) include "offshore marine areas with water quality conditions and 

forage, including aquatic invertebrates and fishes, supporting growth and maturation." However, 

NMFS did not designate any specific areas based on these PCEs. Therefore, the proposed action 

would result in no effect to designated critical habitat for OC coho salmon. Critical habitat has 

been designated for SDNCC coho and "consists of the water, substrate, and adjacent riparian zone 

of estuarine and riverine reaches" in specified hydrologic units of river reaches accessible to coho 

salmon within the listed ESU (64 FR 24049). Designated critical habitat for SONCC does not 

include ocean waters and therefore. the proposed action would result in 110 effect to SONCC 

critical habitat. No critical habitat for Lower Columbia River coho has been designated. 

Chinook Salmon 

Based on EPA's assessment of effects in the BA, it is concluded that the proposed action may 

affect. but is 1I0t likely to adversely affect Lower Columbia River Chinook. Upper Willamette 

River spring-run Chinook, Upper Columbia River spring-run Chinook, Snake River 

spring/summer run Chinook, or Snake River fall-run Chinook. Since none of these species spawn 

in the Siuslaw River and only the Upper Willamette River Chinook has designated critical habitat 

within the action area, the proposed action will have llO effect on designated critical habitat for 

any of these ESUs. 

Green Sturgeon 

According to the NMFS analysis supporting the listing of the Southern DPS of green sturgeon, 

"the principal factor for decline of the Southern DPS is the reduction of the spawning area to a 

limited area of the Sacramento River" (71 FR 17762). The proposed Siuslaw ocean disposal site 

designations would have no effect on the spawning area for the Southern DPS and is only 

expected to result in temporary and minor modifications to migratory pathways. Use of the 
Siuslaw North and South ocean disposal sites for drsposal could result in temporary avoidance 

behavior in migrating adult green sturgeon. It is possible that smaller subadult fish would be less 

able to avoid the area due to slower swimming speeds. However, given that EPA expects 

primarily sand to be deposited at the sites and that most likely a hopper dredge will be disposing 

of material gradually, while underway. the potential for physiological effects to any nearby 

subadult green sturgeon is low. Therefore, it is concluded that the proposed action may affect, but 

is not likely to adversely affect Southern OPS green sturgeon. Also based on the above 

assessment, the proposed action to designate two OOMO sites at the mouth of the Siuslaw River 

may affect, but is not likely to adversely affect designated critical habitat for Southern DPS green 

sturgeon. 

Pacific Eulachon 

Based on the above assessment of the effects, it is concluded that the proposed action is not likely 

to jeopardize the continued existence of Southern OPS pacific eulachon. Use of the Siuslaw 

North and South ocean disposal sites for disposal could result in temporary avoidance behavior in 

any nearby eulachon. According to the NMFS analysis supporting the proposed listing of the 

Southern DPS of pacific eulachon, the most significant threat to eulachon and their habitats are 

changes in ocean conditions due to climate change (see 74 FR 10870). The proposed Siuslaw 

ocean disposal site designations would have no effect on climate-related impacts or spawning 

areas for the Southern DPS, and is only expected to result in temporary and minor modifications 

to migratory pathways. No long-term effects are expected to occur to pacific eulachon. 

Marine Mammals 

Based upon the above assessment of the effects, it is concluded that the proposed action may 

affect, but is not Ukely to adversely affect Steller sea lion. blue whale, fin whale. humpback 

whale, and southern resident killer whale. There is no designated critical habitat for the above 

listed species in the action area and therefore, the proposed action will have flO effect on 

designated critical habitat for Steller sea lion or southern resident killer whale. Steller sea lions 

are expected to avoid the sites during disposal activities. The whale species generally occur as 

migrants much farther from shore than the action area, and it is likely that they would avoid the 

ocean disposal areas during intermittent disposal activities. 

Coastal Birds 

Based on the above assessment, marbled murrelets, shorHailed albatross, and brown pelicans 

may temporarily avoid the disposal areas during active disposal activities. Therefore, the 

proposed action may affect, but is not likely to adversely affect marbled murre let. short-tailed 

albatross, and brown pelican. Since no marbled murre let critical habitat is located within the 

action area, the proposed action will have flO effect on designated critical habitat for marbled 

murre let. 

Terrestrial Birds, Invertebrates. and Plants 

None of the other listed bird, invertebrate, or plant species is likely to be present in the action 

area. Therefore. the proposed action would have no effect on western snowy plover, northern 

spoued owl, Oregon silverspot butterfly, Fender's blue butterfly. Kincaid's lupine, Willamette 

daisy, and Bradshaw's desert parsley. The proposed action will also have no effect on any 

designated critical habitat for these species.