APPENDIX B1-Environmental Permits.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT

4735 EAST MARGINAL WAY SOUTH, BLDG 1202

SEATTLE, WA 98134-2388

Regulatory Branch November 19, 2021

CAPT Daniel R. Ursino Commanding Officer U.S. Coast Guard, Civil Engineering Unit (CEU) Oakland 1301 Clay Street, Suite 700N Oakland, CA 94612

Reference: NWS-2021-246 U.S. Coast Guard (Station Cape Disappointment Maintenance Dredging)

Dear CAPT Ursino:

Enclosed is a Department of the Army permit which authorizes performance of the work described in your referenced application. You are cautioned that any change in the location or plans of the work will require submittal of revised plans to this office for approval prior to accomplishment. Deviation from the approved plans may result in imposition of criminal or civil penalties.

Your attention is drawn to General Condition 1 of the permit which specifies the expiration date for completion of the work. Upon completing the authorized work, please fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form.

The United States Coast Guard completed Section 7 Endangered Species Act

(ESA) consultation and Magnuson Stevens Act essential fish habitat consultation (EFH) for its involvement in the proposed activity (National Marine Fisheries Service reference WCRO-2021-00010, U.S. Fish and Wildlife Service reference 01EWFW00-2021-I-0453 (collectively called the Services)). We have determined the permit action is sufficiently addressed in their consultation documents. By this letter we are advising you and the Services, in accordance with 50 CFR 402.07 and 50 CFR 600.920(b), that this agency has served as the lead Federal agency for the ESA and EFH consultation responsibilities for the activity described above. For the purpose of this Department of the Army authorization, we have determined this project will comply with the requirements of these laws provided you comply with all of the permit general and special conditions.

- 2 -

We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.army.mil select “Regulatory Branch, Permit Information” and then “Contact Us.”

A copy of this letter with the enclosure will be furnished to Ms. Erin Hale at erin.hale@woodplc.com. If you have any questions, please contact me at evan.g.carnes@usace.army.mil or at (206) 316-3049.

Sincerely, For Jacalen Printz Chief, Regulatory Branch

Enclosures cc: U.S. Fish and Wildlife Service National Marine Fisheries Service http://www.nws.usace.army.mil/

CENWS-ODS-ND Cape Disappointment, 2021

Memorandum for Record March 10, 2021

Subject: Suitability Determination Memorandum and Antidegradation Assessment for Maintenance Dredging at U.S. Coast Guard Station Cape Disappointment in Ilwaco, Washington (NWS-2021-246).

Introduction This suitability determination memorandum (SDM) and antidegradation assessment documents the consensus regarding the suitability of the proposed dredged material for unconfined aquatic disposal and antidegradation compliance of the post-dredge leave surface as determined by the Dredged Material Management Program (DMMP) agencies (U.S. Army Corps of Engineers, Washington Departments of Ecology and Natural Resources, and the U.S. Environmental Protection Agency).

Project Description The U.S. Coast Guard (USCG) Cape Disappointment Station is located on a peninsula in Baker Bay, Pacific County, Ilwaco, Washington (Figure 1). The Station is a federally-owned property in the Columbia River Estuary on the eastern shore of Cape Disappointment. Sediment shoaling is occurring at the Station, restricting vessel access to both travel lift areas and piers required to launch and moor vessels. The purpose of the proposed project is to re-establish depths needed for safe vessel navigation, berthing, and access to the Station. The USCG is applying for a maintenance dredging permit to support this initial event as well as future maintenance dredging activities at the Station over a 10-year period.

Project Summary Waterbody Baker Bay (mouth of Columbia River) Water classification Marine Project rank Low-moderate changed to Low (see Rank Section) Total proposed dredging volume (cy) ~3,726 (initial, with additional maintenance for a total of 20,000 cy over 10 years) Target proposed dredging depth -10 ft MLLW Max. proposed dredging depth (includes 2-foot overdepth)

-12 ft MLLW

Proposed disposal location(s) Unconfined aquatic placement Dredged Material Management Units (DMMUs): No.

of stations

1 DMMU (composite of 3 sampling stations)

DMMO tracking number CGCDS-1-A-F-424 EIM Study ID CGCDS21 USACE Regulatory Reference Number NWS-2021-246 Sampling and Analysis Plan (SAP) Approval Date October 1, 2020 (Wood 2020) Sampling Date(s) October 14-15, 2020 Sediment Characterization Report Approval Date March 5, 2021 (Wood 2021) Testing Parameters DMMP Marine COCs (no DFs or TBT) Biological Testing Bioassay testing not required Suitability Outcome All material found suitable for unconfined aquatic placement Recency Expiration Date (Low = 7 years) October 2027 Antidegradation Assessment In compliance

Sampling and Analysis Description Sampling was conducted over two days using a RIC 5500 vibracorer aboard the research vessel Tieton, operated by the subcontractor Gravity Consulting LLC. DGPS was used to provide accurate horizontal positioning. Vertical positioning was conducted using the nearest National Oceanographic and Atmospheric Administration (NOAA) electronic tide-gauge for Columbia River Jetty A. Tide readings were periodically verified throughout the sampling program with the permanently moored tide-board at the Station. Figure 2 shows the proposed and actual (centroid of multiple cores) sediment sampling locations.

Multiple cores were collected from three sampling stations to provide adequate volume for Tier 3 biological testing, if needed. All retained cores met acceptance criteria. A sample composite consisting of material from 17 cores (6 cores from C1, 6 cores from C2, and 5 cores from C3) was generated in the field and submitted for laboratory analysis. Individual Z-samples were collected at each individual location for potential analysis. Table 1 provides the sampling locations and field data associated with each core collected. Table 2 shows the sediment compositing scheme.

Samples were delivered to Analytical Resources, Inc. (ARI) in Tukwila, WA and EcoAnalysts in Port Gamble, WA (for potential biological testing).

Data Validation Wood performed an EPA Stage 2B validation on the composite sample. The validation process resulted in some additional J and UJ qualified data (estimated values) beyond those assigned by the lab, and X-qualifiers for TOC and antimony (presence or absence of the analyte cannot be substantiated), based on specified protocol or technical advisory; but, no analytical results were rejected; and all data were considered usable, as qualified, by the data validator.

Analytical Testing Results Table 3 summarize the physical and chemical results for the DMMU composite sample alongside the DMMP marine guidelines. The sediment collected was predominantly sand (97%) with low total organic carbon (0.15%). Chemicals of concern (COCs) were not detected above the reporting limit or detected at low concentrations, well below the DMMP screening levels and Sediment Management Standards (SMS) marine sediment apparent effects thresholds (AETs) sediment quality standards (SQS). No Z-sample analysis or biological testing was required.

DMMP Determinations

Rank Since sediment characterization hadn’t been conducted at the Cape Disappointment Station since 1992, the DMMP agencies agreed to a low-moderate ranking for the 2020 sediment characterization. Based on two rounds of complete analytical testing results (from 1992 and 2020), which indicate the prism is predominantly sand, with low TOC, and low concentrations of COCs, this site has now been determined to be a low- ranked area. In addition, bulk sediment results from 1992 indicated TBT is not a special COC in this location. This re-ranking information will be added to the next update of the DMMP User Manual.

Suitability Determination Chemical concentrations in the dredge prism composite samples were below the DMMP marine SLs as discussed above. The characterization represented up to 8,000 cy of material. The applicant currently proposes to dredge 3,726 cy in Dredge Year 2022 and perform maintenance dredging as needed over a

10-year period. The DMMP agencies have concluded that all of the characterized material from DMMU1 is suitable for unconfined aquatic disposal. At this time, the USCG is considering a number of upland and unconfined aquatic disposal options, including locations in the Columbia River, Willapa Bay and Grays Harbor. An actual disposal location will be determined during project permitting. Removal of sediment (up to the permitted volume of 20,000 cy) within the characterized dredging prism is authorized until the recency expiration date of October 2027 as long as there are no significant changes to the project scope or new contaminant sources identified. Dredging after the recency expiration may require additional characterization and should be coordinated with the DMMO.

Antidegradation Determination The sediment to be exposed by dredging must either meet the State of Washington Sediment Management Standards (SMS) or the State’s Antidegradation Standard (Ecology, 2013) as outlined by DMMP guidance (DMMP, 2008). Concentrations of all DMMP chemicals of concern were below the DMMP SLs and SQS, and there is no reason to believe that a new exposed surface would be contaminated relative to the overlying materials; therefore, this project is in compliance with the State of Washington Antidegradation Standard.

Notes and Clarifications The decisions documented in this memorandum do not constitute final agency approval of the project.

During the public comment period that follows a public notice, resource agencies will provide input on the overall project. A final decision will be made after full consideration of agency input, and after an alternatives analysis is done under section 404(b)(1) of the Clean Water Act.

A pre-dredge meeting with DNR, Ecology and the Corps of Engineers is required at least 7 days prior to dredging. A dredging quality control plan must be developed and submitted to the USACE Seattle and Portland District’s Regulatory Branch (pending permitted disposal site(s)) and Ecology. Refer to the USACE permit and Ecology 401 certification for project-specific submittal requirements and timelines.

The DMMP does not make specific beneficial use determinations. However, these data are available for the assessment of project-specific beneficial use by the project proponent, permitting agencies, local health jurisdictions and/or the owner of a receiving property.

References DMMP, 2008. Quality of Post-Dredge Sediment Surfaces (Updated). A Clarification Paper Prepared by David Fox (USACE), Erika Hoffman (EPA) and Tom Gries (Ecology) for the Dredged Material Management Program, June 2008.

DMMP, 2018. Dredged Material Evaluation and Disposal Procedures (User Manual). Dredged Material Management Program, updated December 2018.

Ecology, 2013. Sediment Management Standards – Chapter 173-204 WAC. Washington State Department of Ecology, February 2013.

Wood Environment & Infrastructure Solutions, Inc. (Wood), 2020. Sampling and Analysis Plan, Dredging at Station Cape Disappointment. Prepared for U.S. Coast Guard. October 2020.

Wood, 2021. Sampling and Analysis Plan Report, Dredging at Station Cape Disappointment. Prepared for U.S. Coast Guard. March 2021.

Agency Signatures

Date Joy Dunay – U.S. Army Corps of Engineers, Seattle District

Date Justine Barton – U.S. Environmental Protection Agency, Region 10

Date Laura Inouye, PhD. – Washington State Department of Ecology

Date Shannon Soto – Washington State Department of Natural Resources

Copies Furnished:

DMMP agencies Evan Carnes, USACE Regulatory Project Manager Kimbrie Gobbi, Wood Environment & Infrastructure Solutions, Inc.

DMMO File

3/10/2021

03/10/2021

3/11/2021

03/10/2021

Final Sampling and Analysis Plan Report Dredging at Station Cape Disappointment United States Coast Guard

Table 1 Sampling Locations

Sample ID Attempt Number

Centroid Latitude

(dd.dddddd)1

Centroid Longitude

(dd.dddddd)1

Latitude (dd.dddddd)2

Longitude (dd.dddddd)2

Measured Water Depth

(feet)

Tidal Stage3 (feet)

Mudline Elevation (ft MLLW)

Target Penetration

(feet)

Actual Penetration

(feet)

Recovered Core Length (feet)

Percent Recovery4

CG-2020-C1

46.281351 -124.047464

46.281360 -124.047468 14.8 5.6 -9.2 4.8 8.0 7.2 90

2 46.281360 -124.047468 16.4 7.9 -8.5 5.5 9.0 9.0 100

3 46.281359 -124.047467 16.6 7.4 -9.2 4.8 8.8 8.8 100

4 46.281359 -124.047467 15.7 6.7 -9.0 5.0 8.7 8.7 100

5 46.281359 -124.047467 14.7 5.5 -9.2 4.8 9.0 9.0 100

6 46.281347 -124.047459 12.8 3.8 -9.0 5.0 9.0 9.0 100

75 46.281347 -124.047459 11.0 2.6 -8.4 5.6 9.0 9.0 100

85 46.281341 -124.047464 9.1 1.7 -7.4 6.6 8.9 8.9 100

95 46.281346 -124.047463 9.9 1.0 -8.9 5.1 9.2 9.2 100

CG-2020-C2

46.280852 -124.045774

46.280850 -124.045776 16.7 8.2 -8.5 5.5 9.3 9.3 100

2 46.280850 -124.045776 14.5 6.2 -8.3 5.7 9.2 9.2 100

3 46.280846 -124.045772 13.5 5.1 -8.4 5.6 8.9 8.9 100

4 46.280846 -124.045772 12.3 3.8 -8.5 5.5 8.8 8.8 100

5 46.280860 -124.045773 11.2 2.9 -8.3 5.7 8.9 8.9 100

6 46.280860 -124.045773 10.5 2.0 -8.5 5.5 9.0 9.0 100

CG-2020-C3

46.280695 -124.045180

46.280686 -124.045182 8.4 2.4 -6.0 8.0 9.1 9.1 100

2 46.280702 -124.045192 10.6 4.3 -6.3 7.7 8.5 8.5 100

3 46.280698 -124.045167 16.2 7.1 -9.1 4.9 9.0 9.0 100

4 46.280698 -124.045167 16.2 6.5 -9.7 4.3 8.7 8.7 100

5 46.280698 -124.045168 17.6 8.2 -9.4 4.6 8.8 8.8 100 Notes:

1. All samples were collected within the ± 3 meter accuracy of the GPS from the centroid, and typically within 5-feet of the centroid location shown on Figure 2-1.

2. All sample collection locations were verified for accuracy with visual observations, field notes, maps, and site photographs.

3. Tide readings for the Study were recorded using a real-time monitoring application of the NOAA tide gauge at Columbia River Jetty A tide station. Readings were verified using the tide board at Coast Guard Station Cape Disappointment several times during the Study and the measurements were determined to be accurate.

4. The first Attempt Number 3 at location CG-2020-C1 was rejected and discarded because it did not meet 75 percent recovery. In addition, there were three nonconsecutive attempts (two for attempt 2, one for attempt 3) at location CG-2020-C3 that were rejected because of 0 percent recovery (Appendix A).

5. Sample attempts 7, 8 and 9 at station CG-2020-C1 were collected as contingency volume for Z-layer toxicity and bioaccumulation sample analysis in case full recovery of this layer was not recovered at other locations. These additional attempts were separated from the rest of the core samples collected.

Acronyms:

CG = Coast Guard; 2020 = sampling year; C = core sample; dd/ddd.dddddd° = decimal degrees; MLLW = mean lower low water; ft = feet; ND = no data

Final Sampling and Analysis Plan Report Dredging at Station Cape Disappointment United States Coast Guard

Table 2 USCG Station Cape Disappointment Sediment Compositing

Notes:

Z-layer samples were retained separately as archives and labeled CG-2020-C1-Z, CG-2020-C2-Z, and CG-2020-C3-Z. Based on the chemical testing results, the samples were not analyzed for this Study.

Acronyms:

CG = Coast Guard; 2020 = year sampled; C = core sample; MLLW = mean lower low water; ft = feet; Z-layer = resultant sediment surface post-dredging

Mudline Elevation

Maximum Sample Depth

Composited Core Length

(ft MLLW) (ft MLLW) (feet) 1 -9.2 -12 2.8 2 -8.5 -12 3.5 3 -9.2 -12 2.8 4 -9.0 -12 3.0 5 -9.2 -12 2.8 6 -9.0 -12 3.0 7 -8.4 -14 2.0 8 -7.4 -14 2.0 9 -8.9 -14 2.0 1 -8.5 -12 3.5 2 -8.3 -12 3.7 3 -8.4 -12 3.6 4 -8.5 -12 3.5 5 -8.3 -12 3.7 6 -8.5 -12 3.5 1 -6.0 -12 6.0 2 -6.3 -12 5.7 3 -9.1 -12 2.9 4 -9.7 -12 2.3 5 -9.4 -12 2.6

Area Composite

CG-2020-Composite

Core Compoiste

CG-2020-C1

CG-2020-C2

Sample ID Attempt Number

CG-2020-C3

CG-2020-C1-Composite

Contingency Z-layer volume (-12 to -14 ft MLLW)

CG-2020-C2-Composite

CG-2020-C3-Composite

Analytical Method Compound Name Type Units SL BT ML SQS - AET dry wt

CG-2020-

Composite Qualifier

SM 2540 G Percent Solids Conventional % . . . . 76.42 EPA 9060 Carbon, Total Organic Conventional % . . . . 0.15 X SM 4500-NH3 B/C (M) Ammonia (as N) Conventional mg/kg . . . . 0.87 SM 2540 G Total Volatile Solids Conventional % . . . . 0.89 SM 4500-S2 Total Sulfides Conventional % . . . . 82.8 J PSEP Grain size Gravel Conventional % . . . . 0.4 PSEP Grain size Sand Conventional % . . . . 96.7 PSEP Grain size Silt Conventional % . . . . ND (<3.0) U PSEP Grain size Clay Conventional % . . . . ND (<3.0) U PSEP Grain size Total Fines Conventional % . . . . ND (<3.0) U Metals EPA 6020A Antimony Metals mg/kg 150 . 200 . ND (<0.02) UX EPA 6020A Arsenic Metals mg/kg 57 507.1 700 57 2.28 EPA 6020A Cadmium Metals mg/kg 5.1 . 14 5.1 ND (<0.04) U EPA 6020A Chromium Metals mg/kg 260 . . 260 7.14 EPA 6020A Copper Metals mg/kg 390 . 1300 390 4.72 EPA 6020A Lead Metals mg/kg 450 975 1200 450 2.74 EPA 7471B Mercury Metals mg/kg 0.41 1.5 2.3 0.41 0.00866 J EPA 6020A Selenium Metals mg/kg . 3 . . 0.82 EPA 6020A Silver Metals mg/kg 6.1 . 8.4 6.1 0.03 J EPA 6020A Zinc Metals mg/kg 410 . 3800 410 25.0 Polycyclic Aromatic Hydrocarbons EPA 8270 E SIM 2-Methylnaphthalene LMW PAH µg/kg 670 . 1900 670 0.38 J EPA 8270 E SIM Acenaphthene LMW PAH µg/kg 500 . 2000 500 ND (<0.38) U EPA 8270 E SIM Acenaphthylene LMW PAH µg/kg 560 . 1300 1300 ND (<0.46) U EPA 8270 E SIM Anthracene LMW PAH µg/kg 960 . 13000 960 0.73 EPA 8270 E SIM Benzo (a) anthracene HMW PAH µg/kg 1300 . 5100 1300 2.45 EPA 8270 E SIM Benzo (a) pyrene HMW PAH µg/kg 1600 . 3600 1600 2.10 J EPA 8270 E SIM Benzo (g,h,i) Perylene HMW PAH µg/kg 670 . 3200 670 1.56 EPA 8270 E SIM Benzo Fluoranthenes (b,j,k) HMW PAH µg/kg 3200 9900 3200 5.09 J EPA 8270 E SIM Chrysene HMW PAH µg/kg 1400 . 21000 1400 2.57 J EPA 8270 E SIM Dibenzo (a,h) Anthracene HMW PAH µg/kg 230 . 1900 230 0.24 J EPA 8270 E SIM Fluoranthene HMW PAH µg/kg 1700 4600 30000 1700 5.79 EPA 8270 E SIM Fluorene LMW PAH µg/kg 540 . 3600 540 ND (<0.59) U EPA 8270 E SIM Indeno (1,2,3-c,d) Pyrene HMW PAH µg/kg 600 . 4400 600 1.29 EPA 8270 E SIM Naphthalene LMW PAH µg/kg 2100 . 2400 2100 1.07 J EPA 8270 E SIM Phenanthrene LMW PAH µg/kg 1500 . 21000 1500 2.05 EPA 8270 E SIM Pyrene HMW PAH µg/kg 2600 11980 16000 2600 12.6 EPA 8270 E SIM Total LMW PAHs1 LMW PAH µg/kg 5200 . 29000 5200 3.9 J EPA 8270 E SIM Total HMW PAHs HMW PAH µg/kg 12000 . 69000 12000 27.3 J Phenols EPA 8270 E SIM 2,4-Dimethylphenol Phenol µg/kg 29 . 210 29 ND (<2.2) U EPA 8270 E SIM 2-Methylphenol Phenol µg/kg 63 . 77 63 1.3 J EPA 8270 E SIM 4-Methylphenol Phenol µg/kg 670 . 3600 670 3.3 J EPA 8270 E SIM Pentachlorophenol Phenol µg/kg 400 504 690 360 ND (<2.1) UJ EPA 8270 E SIM Phenol Phenol µg/kg 420 . 1200 420 4.6 J Chlorinated Hydrocarbons EPA 8270 E 1,2,4-Trichlorobenzene Chlorinated Hydrocarbons µg/kg 31 . 64 31 ND (<6.0) U EPA 8270 E SIM 1,2-Dichlorobenzene Chlorinated Hydrocarbons µg/kg 35 . 110 35 ND (<0.7) U EPA 8270 E SIM 1,4-Dichlorobenzene Chlorinated Hydrocarbons µg/kg 110 . 120 110 ND (<0.6) U EPA 8270 E SIM Hexachlorobenzene (HCB) Chlorinated Hydrocarbons µg/kg 22 168 230 22 ND (<0.7) U Phthalates EPA 8270 E Bis(2-Ethylhexyl) Phthalate Phthalate µg/kg 1300 . 8300 1300 ND (<28.8) U EPA 8270 E SIM Butyl Benzyl Phthalate Phthalate µg/kg 63 . 970 63 ND (<0.7) U EPA 8270 E Di-n-Butyl Phthalate Phthalate µg/kg 1400 . 5100 1400 ND (<5.3) U EPA 8270 E Di-n-Octyl Phthalate Phthalate µg/kg 6200 . 6200 6200 ND (<8.7) U EPA 8270 E SIM Diethyl Phthalate Phthalate µg/kg 200 . 1200 200 6.9 J EPA 8270 E SIM Dimethyl Phthalate Phthalate µg/kg 71 . 1400 71 ND (<1.0) UJ Extractables EPA 8270 E SIM Benzyl alcohol Extractables µg/kg 57 . 870 57 ND (<2.5) U EPA 8270 E SIM Benzoic acid Extractables µg/kg 650 . 760 650 ND (<13.4) U EPA 8270 E Dibenzofuran Extractables µg/kg 540 . 1700 540 ND (<4.6) U EPA 8270 E SIM Hexachlorobutadiene Extractables µg/kg 11 . 270 11 ND (<0.7) U EPA 8270 E SIM N-Nitrosodiphenylamine Extractables µg/kg 28 . 130 28 ND (<3.0) U

Table 3. USCG STATION CAPE DISAPPOINTMENT SEDIMENT CHEMISTRY DATA Dry Weight

Analytical Method Compound Name Type Units SL BT ML SQS - AET dry wt

CG-2020-

Composite Qualifier

Dry Weight

Chlorinated Pesticides EPA 8081B 4,4'-DDD Chlorinated Pesticides µg/kg 16 . . . ND (<0.33) U EPA 8081B 4,4'-DDE Chlorinated Pesticides µg/kg 9 . . . ND (<0.14) U EPA 8081B 4,4'-DDT Chlorinated Pesticides µg/kg 12 . . . ND (<0.34) UJ EPA 8081B Total DDTs Chlorinated Pesticides µg/kg . 50 69 . ND (<0.34) U EPA 8081B Aldrin Chlorinated Pesticides µg/kg 9.5 . . . ND (<1.04) UJ EPA 8081B Chlordane Chlorinated Pesticides µg/kg 2.8 37 . . ND (<2.07) U EPA 8081B Dieldrin Chlorinated Pesticides µg/kg 1.9 . 1700 . ND (<0.12) U EPA 8081B Heptachlor Chlorinated Pesticides µg/kg 1.5 . 270 . ND (<0.05) UJ Polychlorinated Biphenyl Aroclors EPA 8082A Aroclor 1016 PCB Aroclors µg/kg . . . . ND (<1.6) U EPA 8082A Aroclor 1221 PCB Aroclors µg/kg . . . . ND (<1.6) U EPA 8082A Aroclor 1232 PCB Aroclors µg/kg . . . . ND (<1.6) U EPA 8082A Aroclor 1242 PCB Aroclors µg/kg . . . . ND (<1.6) U EPA 8082A Aroclor 1248 PCB Aroclors µg/kg . . . . ND (<1.6) U EPA 8082A Aroclor 1254 PCB Aroclors µg/kg . . . . ND (<1.6) U EPA 8082A Aroclor 1260 PCB Aroclors µg/kg . . . . ND (<0.6) U EPA 8082A Aroclor 1262 PCB Aroclors µg/kg . . . . ND (<0.6) U EPA 8082A Aroclor 1268 PCB Aroclors µg/kg . . . . ND (<0.6) U EPA 8082A Total PCB Aroclors PCB Aroclors µg/kg 130 . 3100 130 ND (<1.6) U

EPA 8082A Total PCB Aroclors PCB Aroclors (TOC normalized) mg/kg carbon

. 38 . 12 NC2 U

Notes All values reported in Dry Weight.

1: 2-Methylnaphthalene is not included in total LPAHs 2: NC = not calculated due to no detection of PCB aroclors D = The report value is from a dilution.

J = Estimated concentration value detected below the reporting limit.

U = This analyte is not detected above the reporting limit (RL) or if noted, not detected above the limit of detection (LOD).

Y1 = Raised reporting limit due to interference Analytes are reported to the method detection limit provided by Analytical Resources, Incorporated mg - milligram ND - Non Detect < MDL kg - kilogram PAH - Polycyclic aromatic hydrocarbon µg - microgram PCB - Polychlorinated biphenyl % - percent AET SQS = Apparent effects threshold sediment quality standard (dry weight) BOLD = value detected is above SL or SQS SL = Screening Level BOLD = value detected is above BT BT = Bioaccumulation Trigger BOLD = value detected is above ML ML = Maximum Level Qualifier Definitions J = The analyte was positively identified; the associated numerical value is the approximate concentration of the analyte in the sample.

U = The analyte was not detected above the reported sample quantitation limit.

UJ = The analyte was not detected above the reported sample quantitation limit. However, the reported quantitation limit is approximate and may or may not represent the actual limit of quantitation necessary to accurately and precisely measure the analyte in the sample.

X = The sample results were affected by serious deficiencies in the ability to analyze the sample and to meet published method and quality criteria. The presence or absence of the analyte cannot be substantiated by the data provided. Acceptance or rejection of the data should be decided by the project team, but exclusion of the data is recommended.

PROJECT

SITE

K:\USCG - Coast Guard\336010028 - Cape Disappointment - Dredge\DWG\_Permit\Figure 1-1 - Project Vicinity.mxd - stephane.descombes - 9/17/2020 - 9:21:30 AM

SEPTEMBER 2020

PROJECT VICINITY

D R

A W

N B

Y : S

D C

H E

C K

E D

B Y

: K G

1 " = 1 mile

0 10.5

Miles

Wood Environment & Infrastructure Solutions, Inc.

15862 SW 72nd Ave., Suite 150 Portland, OR 97224

DATE

SCALE

PROJECT NO.

FIGURE

SITE

VICINITY

UNITED STATES

COAST GUARD

DREDGE PERMIT

STATION CAPE DISAPPOINTMENT

ILWACO, WASHINGTON

336010028

K:\USCG - Coast Guard\336010028 - Cape Disappointment - Dredge\DWG\_Permit\Figure 2-2 - Actual & Proposed Sampling Locations - Centroids.mxd - stephane.descombes - 12/21/2020 - 2:05:58 PM

D R

A W

N B

Y : S

D C

H E

C K

E D

B Y

: K G

B a k e r B a y

MLLW

MHHW

MHHW

MLLW

-2 -6 -8

-10

-12 -14 -16

-4

-14

-4

-2

-12

-18 -20

8 6

-16

-20

-18 -18

CG-2020-C1

CG-2020-C2

CG-2020-C3

1 " = 60 '

DECEMBER 2020

336010028

ACTUAL & PROPOSED SAMPLING LOCATIONS

UNITED STATES COAST GUARD

0 6030

Feet

DRAFT

DREDGE PERMIT

STATION CAPE DISAPPOINTMENT

ILWACO, WASHINGTON

Wood Environment & Infrastructure Solutions, Inc.

7376 S.W. Durham Road Portland, OR 97224

DATE

SCALE

PROJECT NO.

FIGURE

SOURCE:

Bathymetric data is from a survey conducted by Gahagan & Bryant Associates, Inc. on April 1, 2020 and represents the sea floor conditions present on that date.

LEGEND:

Bathymetry Contour (2 ft. interval, MLLW datum)

Bathymetry Contour (1 ft. interval, MLLW datum)

Proposed Dredge Area

Proposed Dredge Area Toe

!. Actual Sampling Location Centroid

!. Proposed Sampling Location

Estimated Dredge Footprint

Approximate location of 6" outfall

Approximate location of 12" outfall

Joint Public Notice Application for a Department of the Army Permit and a Washington Department of Ecology Water Quality

Certification and Coastal Zone Management Consistency

Concurrence

US Army Corps of Engineers Seattle District

US Army Corps of Engineers Regulatory Branch

Post Office Box 3755 Seattle, WA 98124-3755 Telephone: (206) 316-3049

ATTN: Mr. Evan Carnes, Project Manager

WA Department of Ecology SEA Program

Post Office Box 47600 Olympia, WA 98504-7600 Telephone: (360) 407-6076

ATTN: SEA Program, Federal Permit Coordinator

Public Notice Date: April 8, 2021 Expiration Date: May 8, 2021

Reference No.: NWS-2021-246 Name: U.S. Coast Guard (Station

Cape Disappointment Maintenance Dredging)

Interested parties are hereby notified that the U.S. Army Corps of Engineers (Corps) and the Washington

Department of Ecology (Ecology) have received an application to perform work in waters of the U.S. as described below and shown on the enclosed, revised drawings dated March 25, 2021.

The Corps will review the work in accordance with Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Ecology will review the work pursuant to Section 401 of the CWA, with applicable provisions of State water pollution control laws and the Coastal Zone Management Act.

APPLICANT: U.S. Coast Guard

Attention: Mr. William Robinson

U.S. Coast Guard Civil Engineering Unit (CEU) Oakland

1301 Clay Street, Suite 700N

Oakland, CA 94612 Telephone: (510) 637-5563

AGENT: Wood Plc

Attention: Ms. Erin Hale

15862 Southwest 72nd Ave, #150 Portland, OR 97224

Telephone: (805) 403-4802

LOCATION: In Baker Bay in the Columbia River near Ilwaco, Pacific County, Washington.

WORK: The applicant proposes to dredge up to 20,000 cubic yards of accreted sediment from the U.S. Coast

Guard Station Cape Disappointment mooring basin. Up to 4,000 cubic yards of sediment would be dredged initially, and up to an additional 16,000 cubic yards over a 10-year period. The proposed dredging would maintain operational depths of the mooring basin to a target depth of -10 feet Mean Lower Low Water (MLLW) with a 2-foot over dredge allowance to -12 feet MLLW. Dredging would occur via hydraulic suction dredge or clamshell dredge from a barge-mounted crane. Dredged material would be disposed in the flow lane of the Columbia River at the Baker Bay Flowlane Disposal or Flowlane Area D.

NWS-2021-246; U.S. Coast Guard (Station Cape Disappointment Maintenance Dredging)

PURPOSE: Dredge to maintain vessel access and moorage.

Dredged Material Testing: The proposed dredged material has been tested according to the procedures specified by

DMMP, a multi-agency program for the evaluation of dredged material proposed for disposal at open-water sites in

Washington State. The DMMP evaluations may include both chemical and biological testing of sediments. For this project, the DMMP agencies determined that all 20,000 cubic yards were suitable for unconfined disposal at the

DMMP nondispersive (or dispersive) open-water disposal sites as described above. The sediment testing data are available at the U.S. Army Corps of Engineers (Corps), Seattle District, Dredged Material Management Office.

Disposal Site Use Conditions: The following standard site-use conditions will be specified by the Corps and the

Washington Department of Natural Resources as part of the Federal/State permitting processes: (1) disposal operations must not interfere with Indian treaty fishing at the disposal site, including gill nets and other fishing gear; (2) the permittee must coordinate any nighttime disposal with the Corps, Seattle District, Regulatory Branch Project Manager; and (3) approval must be received from the District Engineer prior to conducting nighttime disposal. Other appropriate special conditions may be added as a result of comments received during the public review period for this public notice.

ADDITIONAL INFORMATION: The applicant has requested the material be dredged over a 10-year period.

MITIGATION: The proposed activity has potential to impact eelgrass. The applicant has prepared a mitigation plan that indicates the final layout and extent of compensatory eelgrass planting area would be determined by the results of pre‐ and post‐dredging surveys.

ENDANGERED SPECIES: The Endangered Species Act (ESA) requires federal agencies to consult with the

National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the ESA on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat. The U.S. Coast Guard, as the lead agency for ESA consultation, will consult with the NMFS and/or the USFWS as required under Section 7 of the ESA.

ESSENTIAL FISH HABITAT: The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996, requires all Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat

(EFH). The U.S. Coast Guard, as the lead agency for EFH consultation, will consult with the NMFS as required.

CULTURAL RESOURCES: The U.S. Coast Guard, as the lead agency for determining compliance with Section

106 of the National Historic Preservation Act, will consult with the State Historic Preservation Officer and Native

American Tribes as appropriate.

PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing.

EVALUATION – CORPS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.

NWS-2021-246; U.S. Coast Guard (Station Cape Disappointment Maintenance Dredging)

The Corps is soliciting comments from the public; Native American Nations or tribal governments; Federal, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for the work. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.

Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the activity.

The described discharge will be evaluated for compliance with guidelines promulgated by the Environmental

Protection Agency under authority of Section 404(b)(1) of the CWA. These guidelines require an alternatives analysis for any proposed discharge of dredged or fill material into waters of the United States.

EVALUATION – ECOLOGY: Ecology is soliciting comments from the public; Federal, Native American Nations or tribal governments, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity. Ecology will be considering all comments to determine whether to certify or deny certification for the proposed project.

ADDITIONAL EVALUATION: This proposal is the subject of Conditional Use Permit, being processed by

Pacific County. As a Federal agency, the U.S. Coast Guard will contact the Washington Department of Ecology directly to ensure the work is consistent with the Coastal Zone Management Program.

COMMENT AND REVIEW PERIOD: Conventional mail or e-mail comments on this public notice will be accepted and made part of the record and will be considered in determining whether authorizing the work would not be contrary to the public interest. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the permit applicant’s name and reference number as shown below. Either conventional mail or e-mail comments must include the permit applicant’s name and reference number, as shown below, and the commenter’s name, address, and phone number.

All comments whether conventional mail or e-mail must reach this office, no later than the expiration date of this public notice to ensure consideration.

CORPS COMMENTS: All e-mail comments should be sent to evan.g.carnes@usace.army.mil

Conventional mail comments should be sent to: U.S. Army Corps of Engineers, Regulatory Branch, Attention: Evan G. Carnes, P.O. Box 3755, Seattle, Washington 98124-3755. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.

ECOLOGY COMMENTS: Any person desiring to present views on the project pertaining to a request for water quality certification under Section 401 of the CWA and/or Coastal Zone Management consistency concurrence, may do so by submitting written comments to the following address: Washington State Department of Ecology, Attention: Federal Permit Coordinator, Post Office Box 47600, Olympia, Washington 98504-7600, or e-mail to ecyrefedpermits@ecy.wa.gov.

To ensure proper consideration of all comments, responders must include the following name and reference number in the text of their comments: NWS-2021-246; U.S. Coast Guard

Encl: Figures (5) mailto:evan.g.carnes@usace.army.mil mailto:ecyrefedpermits@ecy.wa.gov

C o l u m b i a R i v e r

B a k e r B a y

I l w a c o C h a n n e l

T10N-R11W 32 T10N-R11W 33

T09N-R11W 08

T09N-R11W 09

T09N-R11W 05 T09N-R11W 04

0 2,000 4,0001,000 Feet I

K:\USCG - Coast Guard\336010028 - Cape Disappointment - Dredge\DWG\_JARPA\Figure 1 - Project Vicinity.mxd

NOTE: Not for construction, for agency review only.

LOCATION: In Columbia River, Pacific County, WA.

LAT/LONG: 46.28004 N, -124.04503 W (NAD83)

SHEET TITLE: Project Vicinity

SHEET: 1 of 5

DATE: January 2021

PROPOSED: Sediment dredging.

IN: Columbia River

NEAR/AT: Ilwaco

COUNTY: Pacific STATE: WA

REFERENCE:

APPLICANT: United States Coast Guard

ADJACENT PROPERTY OWNERS: See JARPA Attachment C

PROJECT

SITE

SITE

VICINITY

LEGEND:

Township Range Section Line Taxlot

NWS-2021-246

REVISED DATE: March 25, 2021

March 25, 2021, Drawing Revision: Corps Reference Number Added

MLLW

MHHW

MHHW

MLLW

B a k e r B a y

E2USN

E2EM1N

E2USN

E2USN

E1UBL

0 125 25062.5 Feet I

K:\USCG - Coast Guard\336010028 - Cape Disappointment - Dredge\DWG\_JARPA\Figure 2 - Project Plan View.mxd

NOTE: Not for construction, for agency review only.

LOCATION: In Columbia River, Pacific County, WA.

LAT/LONG: 46.28004 N, -124.04503 W (NAD83)

SHEET TITLE: Project Plan View

SHEET: 2 of 5

DATE: January 2021

PROPOSED: Sediment dredging.

IN: Columbia River

NEAR/AT: Ilwaco

COUNTY: Pacific STATE: WA

REFERENCE:

APPLICANT: United States Coast Guard

ADJACENT PROPERTY OWNERS: See JARPA Attachment C

LEGEND:

Proposed Dredge Area

Eelgrass Locations:

Eelgrass Spatial Distribution Eelgrass Areal Extent Eelgrass Vegetated Cover

NWI Wetland Type:

Estuarine and Marine Deepwater Estuarine and Marine Wetland

SOURCE:

Wetland data obtained from U.S.

Fish & Wildlife Service National Wetlands Inventory:

http://www.fws.gov/wetlands/

NWS-2021-246

780'

275'

125'

345'

MLLW

MHHW

MHHW

MLLW

Total Dredge Area = 4.2 acres

C'

D'

E'

F'

A'

B'F

E

D

C

B

A

0 125 25062.5 Feet I

K:\USCG - Coast Guard\336010028 - Cape Disappointment - Dredge\DWG\_JARPA\Figure 3 - Project Dimensions.mxd

NOTE: Not for construction, for agency review only.

LOCATION: In Columbia River, Pacific County, WA.

LAT/LONG: 46.28004 N, -124.04503 W (NAD83)

SHEET TITLE: Project Dimensions

SHEET: 3 of 5

DATE: January 2021

PROPOSED: Sediment dredging.

IN: Columbia River

NEAR/AT: Ilwaco

COUNTY: Pacific STATE: WA

REFERENCE:

APPLICANT: United States Coast Guard

ADJACENT PROPERTY OWNERS: See JARPA Attachment C

LEGEND:

Proposed Dredge Area Proposed Dredge Area Toe Estimated Dredge Footprint

Eelgrass Locations:

Eelgrass Spatial Distribution Eelgrass Areal Extent Eelgrass Vegetated Cover

LOCATION: In Columbia River, Pacific County, WA.

LAT/LONG: 46.28004 N, -124.04503 W (NAD83)

SHEET TITLE: Cross-Sections

SHEET: 4 of 5

DATE: January 2021

PROPOSED: Sediment dredging.

IN: Columbia River

NEAR/AT: Ilwaco

COUNTY: Pacific STATE: WA

REFERENCE:

APPLICANT: United States Coast Guard

ADJACENT PROPERTY OWNERS: See JARPA Attachment C

NOTE: NOT TO SCALE

NWS-2021-246

NWS-2021-246

REVISED DATE: March 25, 2021REVISED DATE: March 25, 2021REVISED DATE: March 25, 2021

C o l u m b i a R i v e r

Sand Island

Sand Island

Clatsop Spit

Chinook

Ilwaco Potential Upland Placement Site (Port of Ilwaco)

Baker Bay Flowlane Disposal (BB-3) (dispersive)

46.260003, -124.034676 (NAD83)

Flowlane Area D (dispersive)

46.240267, -123.958849 (NAD83)

0 4,000 8,0002,000 Feet I

K:\USCG - Coast Guard\336010028 - Cape Disappointment - Dredge\DWG\_JARPA\Figure 5 - Proposed Disposal Locations.mxd

NOTE: Not for construction, for agency review only.

LOCATION: In Columbia River, Pacific County, WA.

LAT/LONG: 46.28004 N, -124.04503 W (NAD83)

SHEET TITLE: Proposed Disposal Locations

SHEET: 5 of 5

DATE: January 2021

PROPOSED: Sediment dredging.

IN: Columbia River

NEAR/AT: Ilwaco

COUNTY: Pacific STATE: WA

REFERENCE:

APPLICANT: United States Coast Guard

ADJACENT PROPERTY OWNERS: See JARPA Attachment C

LEGEND:

Proposed Dredge Area

DEPARTMENT OF THE ARMY PERMIT

Permittee: United States Coast Guard (USCG) USCG Civil Engineering Unit (CEU) 1301 Clay Street, Suite 700N

Permit No: NWS-2021-246 Oakland, CA 94612

Issuing Office: Seattle District

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee.

The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: To dredge up to 20,000 cubic yards of accreted sediment from the USCG Station Cape Disappointment mooring basin (in accordance with the plans and drawings dated March 25, 2021, attached hereto which are incorporated in and made a part of this permit). Up to 4,000 cubic yards of sediment would be dredged initially, and up to an additional 16,000 cubic yards over a 10-year period. The proposed dredging would maintain operational depths of the mooring basin to a target depth of -10 feet Mean Lower Low Water (MLLW) with a 2-foot over dredge allowance to -12 feet MLLW. Dredging would occur over a total dredged area of 4.2 acres, via hydraulic suction dredge or clamshell dredge from a barge-mounted crane. Dredged material would be disposed in the flow lane of the Columbia River at the Baker Bay Flowlane Disposal or Flowlane Area D. The purpose of the project is to restore adequate navigation depths in the USCG Station Cape Disappointment mooring basin to prevent boats from grounding.

Project Location: In Baker Bay in the Columbia River near Ilwaco, Pacific County, Washington.

Permit Conditions:

General Conditions:

1. The time limit for completing the work authorized ends on __________________. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. Conditioned water quality certifications have been issued for your project, you must comply with the conditions specified in the certifications as special conditions to this permit. For your convenience, copies of the certifications are attached.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed

November 19, 2031

United States Coast Guard NWS-2021-246 necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

7. After a detailed and careful review of all the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit; the permittee will comply fully with all the terms of all the permit conditions.

Special Conditions:

a. You shall provide a copy of the permit transmittal letter, permit form, and permit drawings to all contractors involved in the authorized work.

b. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

c. The authorized work shall not interfere with the public’s right to free navigation on navigable waters of the U.S.

d. Permittee shall comply with the conditions specified in the Washington State Department of Ecology coastal zone management consistency determination dated July 13, 2021.

The following Special Conditions are being added to the permit to ensure compensation of potential eelgrass impacts:

e. You shall submit to the Corps, results of the pre- and post- dredge eelgrass surveys.

f. If eelgrass is impacted as a result of the dredging activities, you shall implement and abide by the mitigation plan, Eelgrass Mitigation and Monitoring Plan USCG Cape Disappointment Maintenance Dredging Project, Pacific County, Washington, dated March 2021, as well as Special Conditions g through j below. If the pre-and post- dredge surveys indicate no eelgrass was impacted, and the Corps provides written concurrence, no additional reporting is required.

g. A status report on the implementation of the authorized work and on the implementation of the mitigation shall be submitted annually to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch (Corps) by October 31st each year until mitigation implementation is complete as determined by the Corps. This report must prominently display the reference number NWS-2021-246. This submittal should be electronically sent to NWS.Compliance@usace.army.mil.

h. An as-built mitigation planting report and as-built drawings of the planting area(s) shall be submitted upon completion of mitigation implementation, in lieu of the status report described in Special Condition “g.”. This report must be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch (Corps) for review and approval and must prominently display the reference number NWS-2021-246. The year mitigation implementation is completed, as determined by the Corps, represents Year 0 for mitigation monitoring. This submittal should be electronically sent to NWS.Compliance@usace.army.mil.

i. Mitigation monitoring reports shall be submitted in years 1, 3, and 5, to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch (Corps) by October 31 of each monitoring year. Year 1 monitoring will occur at least one year after completion of the mitigation site(s) as determined by the Corps. All reports must prominently display the reference number NWS-2021-246. This submittal should be electronically sent to NWS.Compliance@usace.army.mil.

mailto:NWS.Compliance@usace.army.mil mailto:NWS.Compliance@usace.army.mil

j. Your responsibility to implement the mitigation plan as set forth in Special Condition “e.” will not be considered fulfilled until you have demonstrated eelgrass planting success/survival and have received written verification from the U.S. Army Corps of Engineers.

The following Special Conditions are being added to the permit to ensure compliance with the Endangered Species Act:

k. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Biological Assessment for the Maintenance Dredging Project at USCG Station Cape Disappointment, Baker Bay, Ilwaco, Washington, dated November 2020, in its entirety as agreed to and documented in writing through consultation by the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your Corps permit. The USFWS/NMFS is the appropriate authority to determine compliance with the ESA.

l. In order to protect the listed threatened and endangered species in the project area, you may conduct the authorized activities in the work window as agreed to and documented in writing through consultation by the U.S.

Fish and Wildlife Service and/or National Marine Fisheries Service (Services) in any year this permit is valid. If changes to the originally authorized work window are proposed, you must re-coordinate these changes with the Services and receive written concurrence on the changes. Copies of the concurrence(s) must be sent to the U.S.

Army Corps of Engineers, Seattle District, Regulatory Branch, within 10 days of the date of the revised concurrence.

The following Special Conditions are being added to the permit to ensure compliance of dredging activities.

m. Disposal must be by bottom-dump barge or hopper dredge, unless coordinated in advance with the Dredged Material Management Office.

n. Disposal operations must not interfere with Indian treaty fishing at the disposal site, including gill nets and other fishing gear. You must coordinate any proposed nighttime disposal with the U.S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch Project Manager. Approval must be received from the Corps prior to conducting nighttime disposal.

o. The U.S. Coast Guard (USCG) must be notified by email at D13-PF-LNM@uscg.mil at least 14 days prior to commencing dredging operations, so the project information can be issued in the Local Notice to Mariners. The notification to the USCG must include the radio frequencies/channels that the dredger will be monitoring so any traffic in the area can contact the dredger if needed.

p. You must contact the U.S. Army Corps of Engineers (Corps), Portland District, in writing prior to the disposal of dredged material in the channel, to ensure that there are no conflicts with on-going Corps activities in or near the disposal site. Written correspondence must be addressed to:

U.S. Army Corps of Engineers Portland District ATTN: Columbia River Maintenance Dredging Coordinator - Channels and Harbors Project, CENWP-OD-NW Post Office Box 2946 Portland, Oregon 97208-2946

q. The work authorized herein includes periodic maintenance dredging and may be performed under this permit for 10 years from the…