Oregon Coastal Management Program

Department of Land Conservation and Development

635 Capitol Street, Suite 150

Salem, Oregon 97301-2540

Phone (503) 373-0050

FAX (503) 378-6033

www.oregon.gov/LCD/OCMP

Oregon

 John A. Kitzhaber, MD, Governor

May 7, 2012

Ms. Christine Reichgott

U.S. Environmental Protection Agency, Region 10

1200 Sixth Avenue, Suite 900

Seattle, WA 98101-3140

Re: Federal Consistency Concurrence 

Project: Yaquina River North and South Ocean Dredged Material Disposal Site 

Designation 

Agency: U.S. Environmental Protection Agency

Location: Oregon Territorial Sea

Dear Ms. Reichgott:

The Oregon Department of Land Conservation and Development (DLCD) has reviewed the U.S. 

Environmental Protection Agency (EPA) proposal to designate a Yaquina River North and South

Ocean Dredged Material Disposal (ODMD) site for consistency with the Oregon Coastal 

Management Program (OCMP). As a Federal agency activity, the proposed action is subject to 

consistency review pursuant to Section 307 of the Coastal Zone Management Act (CZMA) and 

attendant regulations of 15 CFR Part 930, Subpart C.

The EPA proposes to designate two ODMD sites under Section 102 of the Marine Protection, 

Research and Sanctuaries Act of 1972 (MPRSA). The proposed north site is located 

approximately 1.7 nautical miles northwest of the entrance to the Yaquina River, while the south 

site is located approximately 2 nautical miles southwest of the Yaquina River entrance. Each site 

is 6,500 feet in length by 4,000 feet in width, with site depths ranging from approximately 112 to 

152 feet. 

The U.S. Army Corps of Engineers designated both sites under Section 103(b) of the MPRSA in 

2001. The Corps has since used the north site annually, but has not disposed of any materials at 

the south site. The MPRSA limits Section 103(b) sites to ten years of use, necessitating this 

longer-term designation under Section 102. Although this Section 102 designation covers the 

life span of the sites, the sites are non-dispersive and will reach capacity at some point in the 

future, effectively closing them off from further disposal. The consistency determination 

indicates that the south site has an approximately 20 year site life, with the full 20 years

remaining; while the north site has approximately 10 years remaining until it reaches capacity. 
_____________________________________________________________________________________________

May 7, 2012 Federal Consistency Concurrence: EPA Yaquina ODMDS Designation Page 2 of 3 

Over the life of the sites the Corps will continue to be the primary user, with the majority of 

dredged material coming from the Corps’ annual dredging of the Yaquina River navigation 

project. Persons or entities who seek to dispose of material at the sites must apply for and obtain 

a permit from the Corps (subject to EPA concurrence) before disposing of dredged material at 

the sites. 

Once designated, the EPA and Corps will jointly manage the sites based on a Site Management 

and Monitoring Plan (SMMP). The SMMP’s primary goal is to “assure that disposal activities will 

not unreasonably degrade or endanger human health, welfare, the marine environment, or economic 

potentialities.” To meet that goal, the SMMP sets specific objectives and outlines a routine 

monitoring program, possible special studies, and an adaptive management framework. 

DLCD Federal Consistency Review

The CZMA requires federal agency activities affecting any coastal use or resource within a 

state’s coastal zone to be consistent to the maximum extent practicable with the enforceable 

policies of that state’s federally approved coastal management program.

Oregon’s federally approved program is a “networked” coastal management program that 

integrates authorities of local governments and other state agencies as the “enforceable policies” 

of the OCMP. As such, the enforceable policies of the OCMP include: 1) the statewide planning 

goals; 2) the applicable acknowledged city or county comprehensive plan and land use 

regulations; and 3) selected state agency authorities (e.g. those governing removal-fill, 

proprietary leasing, water quality, and fish & wildlife protections). 

Because this activity is proposed to take place in Oregon’s territorial sea, statewide planning 

goals 1-18 and local comprehensive plans and land use regulations do not apply directly. 

Goal 19 (Ocean Resources) and the state’s Territorial Sea Plan (TSP) are the primary enforceable 

policies that apply to this proposed activity. Goal 19 and the TSP require a resource inventory 

and effects analysis that is sufficient to understand the short and long term effects of the 

proposed decision on the affected uses and resources. Applicants may use existing data and 

information from any source, including NEPA documents, when complying with the resource 

inventory and effects evaluation requirements. The EPA’s consistency determination, along with 

the information contained in the Environmental Assessment and appendices, addresses the 

required Goal 19 and TSP components. 

Public Notice and Comments

DLCD issued a public notice regarding the project on March 5, 2012. DLCD received one 

comment in response (attached), from our networked agency partner the Oregon Department of 

Fish and Wildlife (ODFW). As indicated in the comment letter, ODFW’s primary goal in the 

review process is to ensure that agencies use the best available science when making resource 

decisions and that any future monitoring efforts result in quality science. Recognizing the 

resource and staffing constraints faced by all involved agencies, ODFW has offered to aid the 

EPA and Corps in data interpretation, presentation and use in future decision-making, as 

requested and as finances allow. 
_____________________________________________________________________________________________

May 7, 2012 Federal Consistency Concurrence: EPA Yaquina ODMDS Designation Page 3 of 3 

Consistency Decision

Based on the information contained in the consistency determination and supporting materials, 

and on extensive conversations with the EPA, DLCD concurs with the EPA’s determination that

the designation of the north and south Yaquina ODMD site is consistent to the maximum extent 

practicable with the enforceable policies of the OCMP. 

DLCD strongly encourages the EPA and Corps to accept ODFW’s offer of technical assistance. 

ODFW staff are a talented and dedicated resource, who can provide valuable technical assistance 

that will help to enhance the management and improve the designation of this and future dredge 

material disposal sites in Oregon’s territorial sea. 

DLCD also joins ODFW in encouraging the EPA to pursue future disposal sites within the 

littoral zone. The State of Oregon has a strong preference for dredged materials to be disposed 

of at sites where the material will remain in the littoral zone, and would like to partner with the 

EPA and Corps to begin identifying sites that are appropriate for future disposal. 

We appreciate the time and effort that the EPA and Corps staff have put into this designation and 

consistency determination, and look forward to continued collaboration on this and future sites. 

If you have any questions or comments regarding this coastal zone management consistency 

finding or the consistency review process, please contact me at 503-373-0050 ext. 253 or by email at: juna.hickner@state.or.us

Sincerely,

/s/

Juna Hickner

Coastal State-Federal Relations Coordinator

Cc via email: Bridgette Lohrman, EPA

Caren Braby, ODFW

Mike Donnellan, ODFW

Mark Siipola, USACE

Katharine Groth, USACE