UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 

## NOV 2 4 2009

Reply to Attn Of: EYPA-088
. 

### Robert Garcia, Chair Confederated Tribes ofthe Coos, Lower Umpqua

arid Siuslaw Indians 1245 Fulton Avenue Coos Bay, Oregon 97420 RE: Consultation and Coordination with Indian Tribal Governments for theProposed Designation ofthe Siuslaw River North and South Ocean Dredged Material Disposal Sites DearMr. Garcia: I am writing on behalfofthe Environmental Protection Agency (EPA), Region 10 to offer government-to-government consultation with the Confederated Tribes ofthe Coos, Lower Umpqua and Siuslaw Indians regarding the proposed designation ofOcean Dredged Material Disposal Sites (ODMDS) at the mouth ofthe Siuslaw River. EPA is proposing two sites, a North 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 locatedin ocean waters approximately 0.75 nautical miles (nm) northwest ofthe entrance to the Siuslaw River along the Oregon Coast, a location that has been used historically for the disposal ofdredged 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 shallowerend to 

### 115 feet at the deeper end. Theproposed South Site is located in ocean waters approximately 1nm southwest ofthe entrance to the Siuslaw River, a location that has also beenused historically for the disposal ofdredged material. Proposed South Site dimensions are 3,000feet 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 ofEngineers (Corps) under Section 103(b) ofthe MPRSA, however, the existing sites are no longer authorized and new and larger si.tes 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 Prfntedon RecycledPaper2 EPA's designation ofSection 102 disposal sites does not create orconfer rights on any person or entity to 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 near the 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 priorto site designation. The SMMP outlines site use requirements, monitoring protocols, and incorporates adaptive management principles for ongoing use ofthe site. EPA is inviting tribes along the southern Oregon Coast to participate in government-togovernment consultation with EPAregarding these proposed Ocean Dredged Material Disposal Sites. Consultation, as Region 10 uses that term under the Tribal Consultation Framework, means "the process 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 or moves forward. IfyourTribal government wouldlike to participate in government-to-government consultation, please notify Justine Barton ofmy staff, no later than December 15,2009, andprovide Ms. Barton the name ofa Tribal representative who will serve as the Tribal point ofcontactfor planning the consultation. Ms. Barton may be reached bytelephone at (206) 553-6051, orbyemail at barton.justine@epa.gov. Please note your cultural resources staff will receive a separate letterregarding EPA's determination ofeffectunder Section 106 ofthe National Historic Preservation Act. EPA anticipates publishing the proposed designation in the Federal Register in January 2010 and a 30­ day public commentperiod will begin once the notice is published. The Tribe is also free to submit comments while the public commentperiod is open. Please feel free to contact me at (206) 553-8574 orhave your staffcontact Ms. Barton, if there are any questions about this letter or about the proposed site designations.

Richard 

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



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### cc: Francis Somday II, Administrator Confederated Tribes ofthe Coos, Lower Umpqua and Siuslaw Indians Arrow Coyote, Archaeologist/Cultural Resource Protection Coordinator ConfederatedTribes ofthe Coos, Lower Umpqua and Siuslaw Indians Howard Crombie, Natural Resources Director ConfederatedTribes ofthe Coos, Lower Umpqua and Siuslaw Indians4 PROPOSED OCEAN DREDGED MATERlALDISPOSALSITES Siuslaw River North Site & South Site

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