Draft Environmental Assessment and Clean Water Act, Section 404 Public Interest Review Grays Harbor and Chehalis River Federal Navigation Channel

Transcription

1 Draft Environmental Assessment and Clean Water Act, Section 404 Public Interest Review Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Placement Grays Harbor County, Washington

2 Draft Environmental Assessment and Clean Water Act Section 404 Public Interest Review Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Placement Responsible Agency: The responsible agency for this navigation project is the U.S. Army Corps of Engineers, Seattle District. Abstract: In accordance with the National Environmental Policy Act (NEPA), this draft Environmental Assessment (EA) evaluates the impacts of the proposed maintenance of the Grays Harbor and Chehalis River Navigation Channel beginning October 2018 through February The Grays Harbor and Chehalis River Navigation Channel is located in Grays Harbor County, Washington. The authorized navigation channel is over 26 miles long, begins in the Pacific Ocean offshore of the western entrance of Grays Harbor, and terminates at Cosmopolis where the Chehalis River enters the eastern end of Grays Harbor. The U.S. Army Corps of Engineers (USACE) constructed the Grays Harbor and Chehalis River Navigation Channel in 1898 and performs annual maintenance dredging in the channel. This channel is important to commercial shipping and commercial fishing because it allows safe passage of deep draft ocean going vessels to Aberdeen, Hoquiam, and Cosmopolis. To maintain the navigation channel, the USACE proposes to remove up to about 4.4 million cubic yards (CY) of accumulated sediment from the navigation channel every year within the approved inwater construction windows of July 16 through February 14 for mechanical dredging of the inner harbor reaches and April 1 through June 30 for hydraulic dredging of the outer (entrance portion) harbor reaches. Dredged material disposal/placement would occur at four open water disposal/placement sites, which includes two multiuser unconfined open-water disposal/placement sites and two nearshore nourishment sites as well as one upland site at the Point Chehalis Revetment Extension Mitigation site. Sediment characterization of the material in the channel meets the Dredged Material Management Program (DMMP) guidelines for open-water disposal. The material will continue to be tested every 7 years for inner harbor material and 10 years for outer harbor material or if changed conditions are identified, the frequency of testing could be changed by the DMMP Agencies. Based on analysis in this draft EA, the USACE has determined the proposed project would not constitute a major Federal action significantly affecting the quality of the human environment and has drafted a Finding of No Significant Impact (FONSI). The Draft EA and Draft FONSI are available for a 30-day public review. Be advised that all comments received including personal identifying information may be made publicly available at any time. This document is available online as Grays Harbor and Chehalis River Maintenance Dredging and Disposal : Please send comments, questions, and requests for additional information to: Kaitlin Whitlock Planning, Environmental, and Cultural Resources Branch U.S. Army Corps of Engineers P.O. Box 3755 Seattle, Washington Kaitlin.E.Whitlock@usace.army.mil Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page i

3 Table of Contents 1 Proposal for Federal Action Project Location Authority Purpose and Need Overview of Clamshell Dredging Overview of Hopper Dredging (with or without pipeline capability) Alternative Actions Alternative 1 No Action Alternative 2 Dredging and Disposal Alternative 3 Dredging and Disposal with Additional Beneficial Use Issues for Comparison of the Alternatives Hydraulics and Geomorphology Sediments Water Quality Vegetation Fish Wildlife Benthic Invertebrates Threatened and Endangered Species Cultural Resources Indian Treaty Rights Air Quality and Greenhouse Gas Emissions Recreation and Scenic Values Socioeconomic Resources Dungeness Crab Cumulative Effects Analysis Mitigation and Monitoring for Adverse Environmental Effects Coordination Environmental Compliance National Environmental Policy Act Endangered Species Act Marine Mammal Protection Act Magnuson-Stevens Fishery Conservation and Management Act... 62

4 7.5 Clean Water Act Coastal Zone Management Act National Historic Preservation Act Clean Air Act Native American Tribal Treaty Rights Migratory Bird Treaty Act and Executive Order Migratory Bird Habitat Protection Executive Order Consultation and Coordination with Indian Tribal Governments Executive Order 12898, Environmental Justice Executive Order 11990, Protection of Wetlands Unavoidable Adverse Impacts Comparison of No-Action and Preferred Alternative Public Interest Evaluation Factors for Maintenance Dredging Activities Summary References Appendix A Finding of No Significant Impact (FONSI)/Statement of Findings (SOF) Appendix B Clean Water Act Section 404(b)(1) Evaluation Appendix C Coastal Zone Management Act General Consistency Determination Appendix D Agency Approval Letters Appendix E Public Notice Appendix F Comments and Responses List of Tables Table 2-1 Details of Grays Harbor Navigation Channel maintenance dredging organized by reach Table 3-1. Species listed under the Endangered Species Act with status and critical habitat designation Table 3-2. Estimated emissions in metric tons per year for pollutants of concern using EPA (2009) Table 3-3. WDFW-Reported Non-Treaty Crab Landings (in pounds) by Season and Catch Reporting Area Table 3-4. Quinault Indian Nation Dungeness Crab Fishery Harvests (pounds)

5 List of Figures Figure 1-1. Grays Harbor location on the southwestern coast of Washington State... 2 Figure 1-2. Federally authorized Grays Harbor and Chehalis River Federal navigation channel reaches (yellow text) disposal sites (purple boxes) in Grays Harbor County, Washington Figure 1-3. Rendering of a mechanical dredge barge and bottom dump barge, with photographs of a mechanical (clamshell) dredge bucket and an operating mechanical dredge barge Figure 1-4. Diagrammatic picture of a hopper dredge with drag arms deployed. Note: the hopper dredges used in Western Washington are large vessels several hundred feet long Figure 2-1. Grays Harbor Nearshore and Upland Placement Sites Figure 2-2. Grays Harbor Dispersive Sites Figure 3-1. Water Quality Assessment Map for Grays Harbor (Ecology 2018). Impairment categories range from Category 1 (meets tested standards for clean waters) to Category 5 (polluted waters that require a water improvement project) Figure 3-2. Vegetation map of Grays Harbor from the Washington State Coastal Atlas Map (Ecology 2017) Figure 3-3. Documented surf smelt and herring spawning locations in Grays Harbor, Washington (WDFW 2014). Spawning locations are located near the mouth of Grays Harbor and South Bay Figure 3-4. Pinniped sightings during visual surveys near Grays Harbor (figure from Oleson et al. 2009). Red circles mark acoustic monitoring stations Figure 3-5. Whale (top panel) and dolphin and porpoise (bottom panel) sightings during visual surveys near Grays Harbor (figure from Oleson et al. 2009). Red circles mark acoustic monitoring stations Figure 3-6. Commercial crab fishing catch reporting areas (WDFW 2018) Figure 4-1. Grays Harbor shoreline modifications mapped for future salmon habitat restoration project prioritization (Sandell et al. 2014) Figure 4-2. Chehalis Basin Strategy projects near Grays Harbor estuary as of January Figure 4-3. Quantities dredged from the Grays Harbor and Chehalis River Navigation Channel by year for the past 18 years. Source: USACE 2014 and updated for years from DMMP Biennial Reports (DMMP 2013, 2015b, 2017)

6 1 Proposal for Federal Action Under the Council on Environmental Quality regulations, 40 CFR (c) and 40 CFR (a)(1), implementing the National Environmental Policy Act (NEPA) of 1969 (as amended), the purpose of an Environmental Assessment (EA) is to provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact on actions authorized, funded, or carried out by the Federal government, and to assist agency officials to make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the environment. This draft EA evaluates environmental effects of proposed maintenance dredging beginning in 2018 through February 2033 of the Grays Harbor and Chehalis River Federal Navigation Channel. The U.S. Army Corps of Engineers (USACE) currently performs maintenance dredging between the Bar Reach and Cow Point Reach annually, and remaining reaches may be dredged on an as-needed basis (see Table 2-1). This document integrates a review of factors underlying a determination of whether executing the project would be in the public interest, pursuant to Clean Water Act Section 404 and rules and regulations published as 33 CFR Part 335, Operation and Maintenance of Army Corps of Engineers Civil Works Projects Involving the Discharge of Dredged or Fill Material into Waters of the U.S. or Ocean Waters ; 33 CFR Part 336, Factors to be Considered in Evaluation of Army Corps of Engineers Dredging Projects Involving the Discharge of Dredged Material into Waters of the U.S. and Ocean Waters ; 33 CFR Part 337, Practice and Procedure ; and 33 CFR Part 338, Other Corps Activities Involving the Discharge of Dredged Material or Fill into Waters of the U.S. The Grays Harbor and Chehalis River Federal Navigation Channel is located in Grays Harbor County, Washington. The channel provides a navigable route from the entrance of the harbor to the Port of Grays Harbor and local facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis near the mouth of the Chehalis River at the eastern end of the channel. Deep draft ocean-going vessels use the authorized navigation channel to reach, enter, and leave the Grays Harbor terminals. Shoaling within the channel presents a safety hazard to deep draft vessels and necessitates regular maintenance dredging to maintain safe navigation during all tide levels. Timing and method of dredging varies by reach (Table 2-1). This draft EA addresses the effects of routine maintenance dredging of the Grays Harbor and Chehalis River Federal Navigation Channel. Some amount of dredging and disposal will occur annually through 2033 depending on channel conditions, Federal funding, and navigation requirements. Dredging is conducted during defined in-water work windows to protect species listed under the Endangered Species Act (ESA), as well as forage fish species and benthic organisms. Interim Feasibility Reports and Final Environmental Impact Statements (EIS), incorporated by reference (USACE 1982; 1989) and supplemented by an Environmental Assessment (EA) and FONSI (USACE 1990), analyzed the site selections and environmental effects of the disposal of dredged material at the multiuser unconfined open-water sites and the sites remain in full compliance. Therefore, the scope of the activities analyzed for environmental effects in this document are the routine maintenance dredging and disposal at the nearshore and upland sites. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 1

7 1.1 Project Location Grays Harbor is located 50 miles west of the city of Olympia on the southwest coast of Washington, approximately 110 miles south of the entrance to the Strait of Juan de Fuca and 45 miles north of the mouth of the Columbia River (Figure 1-1). The navigation channel is divided into nine distinct reaches (Figure 1-2) and traverses the harbor, providing shipping access between the Pacific Ocean and the Port of Grays Harbor and local facilities at the lower reaches of the Chehalis River where the cities of Aberdeen, Hoquiam, and Cosmopolis are located. Ocean Shores and Westport are located at the entrance of the channel on the western side of Grays Harbor. The area of analysis includes the Grays Harbor and Chehalis River navigation channel and waterfront areas including nearshore and upland material placement sites. Figure 1-1. Grays Harbor location on the southwestern coast of Washington State Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 2

8 Figure 1-2. Federally authorized Grays Harbor and Chehalis River Federal navigation channel reaches (yellow text) disposal sites (purple boxes) in Grays Harbor County, Washington. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 3

9 1.2 Authority Improvements at Grays Harbor and the bar entrance were first authorized in the Rivers and Harbors Act of 1896 (54th Congress, Session 1). The Grays Harbor and Chehalis River project was adopted 30 August 1935 (74th Congress, Session 1). The 1935 Rivers and Harbors Act combines former projects "Grays Harbor and Bar entrance" and Grays Harbor, Inner Portion and Chehalis River, adopted by Acts of 3 June 1896, 2 March 1907, 25 June 1910, 8 August 1917, 21 January 1927, and 3 July 1930, and modified 2 March 1945, 30 June 1948, and 3 September More recently, dredging the navigation channel to 38 feet mean lower low water (MLLW) was authorized as the Navigation Improvement Project by Congress in Section 202 of the Water Resources Development Act of 1986 (Public Law ). However, only three outer reaches were deepened to their authorized depths at that time; execution of deepening of the remainder of the reaches was initiated in 2016 after a Limited Reevaluation Report and Supplemental Environmental Impact Statement (LRR-SEIS) and is slated to be completed in 2018 prior to commencement of the maintenance dredging evaluated in this EA. Navigation Features The maintained features of the authorized project at Grays Harbor includes: Navigation channel from deep water including an entrance across the bar in Grays Harbor to Cow Point; the maintained length is 23.5 miles Cow Point and Elliott Slough Turning basins South jetty 13,374 feet long, elevation +16 feet MLLW North jetty 17,200 feet long, elevation +16 feet MLLW Point Chehalis revetment and groins The three breakwaters, two entrance channels, and an access lane at Westhaven Cove Small Boat Basin. Routine maintenance channel dredging includes two feet of allowable overdepth and may include two feet of advance maintenance depth. 1.3 Purpose and Need The purpose of the dredging project is to maintain congressionally-authorized project depths which provide safe navigation and wide turning areas for large ships while they traverse Grays Harbor from the Pacific Ocean to the Port of Grays Harbor and local facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis. Maintenance dredging of the navigation channel is needed because the shoaling of river and ocean sediments reduces the depth of the channel. The rate of accretion of sediment from most of the navigation channel reaches requires removal annually to achieve adequate depth for safe navigation. This dredging maintains the ability of large ocean-going vessels to enter and leave the Port of Grays Harbor and other nearby facilities safely. Operations at the Port of Grays Harbor are critical to the local economy directly and indirectly provides for hundreds of local jobs. The local economy is historically tied to forest products shipped to domestic and international markets. More recently, the Port of Grays Harbor has improved rail access and terminal facilities for automobile, grain, and other bulk product exports. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 4

10 1.4 Overview of Clamshell Dredging Clamshell dredge operation makes use of a barge-mounted crane, also called a derrick barge, and a clamshell shaped, hinged steel dredging bucket suspended from the crane. Bucket capacity ranges from 5 to 50 CY (Figure 1-3). During dredging operations, an anchoring system of wire and anchors or spuds, and sometimes tugboats, control the position of the derricks. The crane operator lowers the bucket with the jaws open to the sediment surface. After the bucket contacts the substrate, the crane operator closes the bucket, grabbing a section of the substrate (sediment). After closing the bucket, the operator hoists the material through the water column and places it on a bottom-dump or split hull barge for transport to the disposal site. Bottom-dump and split-hull barges range in size from 500 to 6,000 CY capacity and contain the sediment within one large or several smaller compartments. The volumes are maximum capacities; for safety and water quality reasons, barges are filled only to approximately 80% of maximum capacity. Tugboats transport the non-powered barge to the designated disposal site. Typically, a preferred target zone within the disposal site is identified with specific coordinates and provided to the contractor. Once on target, the tug crew opens doors located on the bottom of the barge (bottom-dump barge) or the entire hull splits lengthwise (split-hull barge) releasing dredge material and excess water. Figure 1-3. Rendering of a mechanical dredge barge and bottom dump barge, with photographs of a mechanical (clamshell) dredge bucket and an operating mechanical dredge barge. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 5

11 1.5 Overview of Hopper Dredging (with or without pipeline capability) Hopper dredging (with or without pipeline capability) in the Seattle District is typically with USACEowned and operated hopper dredges. A private hopper dredge can be utilized through an USACE contract when the government owned hoppers are not available or when upland placement is required. A hopper dredge is a self-propelled ocean-going vessel designed and constructed with powerful vacuum pumps that apply suction force to sediment (Figure 1-4). The intakes to the vacuum system, called drag arms, descend from each side of the ship. The ship travels in a specific direction and vacuums material to a specific depth. The drag arm heads lift a specific thickness of material depending on type of material, the water depth, and power of the vacuum system. Once material is collected, it is deposited in the hopper, a series of large tanks located in the central portion of the ship. When the hopper is full, the ship lifts the drag arms and proceeds to a disposal site. Subsurface doors in the bottom of the ship split a portion of the vessel hull open and deposit the material in the disposal location. Some hopper dredges have the auxiliary equipment to pump dredged material from the hopper via a pipeline, to a nearshore and/or upland destination. None of the USACE s hopper dredges stationed on the U.S. West Coast has this capability, but pipeline placement capability can be part of a private hopper contracted by USACE. A hopper dredge is used in situations where the sea state requires a large vessel and/or the capability to safely operate in the ocean environment. Hopper dredges typically are deep draft and cannot operate in shallow waters, unlike hydraulic pipeline or mechanical dredges. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 6

12 Figure 1-4. Diagrammatic picture of a hopper dredge with drag arms deployed. Note: the hopper dredges used in Western Washington are large vessels several hundred feet long. A hopper dredge has characteristics that make it desirable under certain conditions: (1) the intake is located on the substrate and acts like a vacuum, resulting in little or no suspended sediment at the intake; and (2) the vessels are large and can operate in sea states far heavier than a clamshell barge or hydraulic pipeline dredge. In the Seattle District, hopper dredges are used only in outer Grays Harbor where the sea conditions require a vessel with ocean going capabilities to safely operate. A hopper dredge has sufficient vacuum power to pick up debris such as bottles, garbage, etc. Much of this debris is mechanically sorted from the incoming stream and not returned to the aquatic environment. The Dredged Material Management Program (DMMP) agencies (U.S. Army Corps of Engineers, Environmental Protection Agency, and Washington Departments of Ecology and Natural Resources) implemented a debris management clarification paper in 2015 to prevent the disposal of solid waste and large debris at open-water disposal sites (DMMP 2015a). This program update states that all projects must use a screen to remove debris unless it can be demonstrated that debris is unlikely to be present or that the debris present is large woody debris that can be easily observed and removed by other means during dredging. The clarification paper lists project characteristics and information that can be provided to the DMMP agencies to demonstrate that debris requiring the use of a grid is unlikely to be present in project sediments (DMMP 2015a). Maintenance dredging in the Grays Harbor navigation channel has relevant project characteristics from the clarification paper (DMMP 2015a). These characteristics are that dredging is in a frequently maintained area and evidence from previous rounds of dredging at the same location has encountered little to no reported debris (DMMP 2018). This channel is dredged annually to maintain safe navigable depths, and years of experience have shown that neither anthropogenic nor woody debris accumulates on the bottom within the channel prism. Thus for this project, a debris screen is not required (DMMP 2015a; DMMP 2018). However, should any debris greater than 12 inches in any dimension or man-made debris of any size be encountered, dredgers are required to remove it and dispose in a suitable upland location. This determination is documented in the DMMP sediment suitability determination (DMMP 2018). 2 Alternative Actions The USACE has formulated, evaluated, and screened alternatives for determining the action that maximizes net benefits and minimizes costs. Alternatives were developed in consideration of project area problems and opportunities as well as objectives and constraints. This chapter describes the range of alternatives selected for detailed analysis. 2.1 Alternative 1 No Action The No-Action Alternative is analyzed as the future without-project conditions for comparison with the action alternatives. If the USACE takes no action to remove sediment above authorized project depth from the Grays Harbor and Chehalis River Federal navigation channel, continued shoaling would pose increasing risk to marine traffic that may run aground when transiting the channel. Eventually, accumulated sediments would reduce the depths of the channel, greatly restricting use by large deep draft ocean-going vessels. This would have a negative effect on the local maritime economy. This Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 7

13 alternative would not meet the project purpose and need, but is carried forward for evaluation purposes. 2.2 Alternative 2 Dredging and Disposal The Grays Harbor and Chehalis River channel would be dredged to its authorized depths with allowable overdepth and advance maintenance as necessary (Table 2-1). Maintenance dredging is conducted with mechanical (clamshell) or hydraulic (hopper with or without pipeline) dredges. The inner harbor (Outer Crossover Reach and eastward) is mechanically dredged with a clamshell dredge and the outer harbor reaches (Outer Crossover Reach and westward) are hydraulically dredged with a hopper dredge (with or without pipeline). A hopper dredge with pump-ashore capability may be utilized to place dredged material via pipeline in the upland Point Chehalis Revetment Extension Mitigation Site when needed. Table 2-1 provides the average quantities, frequency, and duration for dredging each reach of the channel. It also provides the channel prism dimensions, including applicable allowable overdepth and advance maintenance depth dimensions. The average volume anticipated to be dredged annually is approximately 3,700,000 CY and the maximum annual volume is estimated at 4,400,000 CY. Quantities are estimated conservatively for environmental impacts analysis and include the amount dredged for two feet of advance maintenance and two feet of allowable overdepth in any dredging episode. The seven reaches dredged annually include Cow Point and Turning Basin, Hoquiam, North Channel, Inner and Outer Crossover, South, Entrance/Point Chehalis, and Bar Reaches. The other reaches are dredged less frequently, depending on channel conditions, funding and navigation needs. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 8

14 Table 2-1 Details of Grays Harbor Navigation Channel maintenance dredging organized by reach. VOLUME WORK SEDIMENT DREDGE CHANNEL DISPOSAL WORK REACH (CUBIC YARDS) 1 TYPE TYPE DIMENSIONS 2 CLOSUR AREA(S) WINDOW E S. Aberdeen Elliott Slough Turning Basin Aberdeen Cow Point Cow Point Turning Basin Hoquiam North Channel Inner Crossover Outer Crossover South Reach Entrance/ Point Chehalis Bar Channel ~150,000 Semi decadal ~60,000 biennially ~200,000 Semi decadal ~800,000 annually ~300,000 annually ~500,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~900,000 annually ~300,000 annually silt / sand silt / sand silt / sand sandy silt sandy silt sandy silt silty sand silty sand silty sand sand sand sand clamshell clamshell clamshell clamshell clamshell clamshell clamshell clamshell hopper or clamshell hopper hopper hopper -32 MLLW wide -32 MLLW wide -32 MLLW wide -38 MLLW wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW 350 wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW wide -40 to -46 MLLW wide -46 MLLW 900 wide South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 Pt. Chehalis or Half Moon Bay South Beach, Half Moon Bay, or Pt. Chehalis 3 South Beach, or Pt. Chehalis 3 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 31 Jul 15 Feb to 31 Jul hopper: 1 Jun to 31 Mar clamshell 15 Feb to 31 Jul 1 Jul to 31 Mar 1 Jun to 31 Mar 1 Jun to 31 Mar 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 1 Aug to 14 Feb 1 Aug to 14 Feb hopper: 1 Apr to 31 May clamshell: 1 Aug to 14 Feb 1 Apr to 30 Jun 1 Apr to 31 May 1 Apr to 31 May 1 Volumes are based on historic shoaling rates and most recent condition surveys. Actual volumes dredged may be less than those in the table. Quantities have been added to the channels that are being deepened in based on those reported in the June 2014 LRR-SEIS. Average volumes include 2 overdepth in all reaches, plus 2 advance maintenance at Cow Point and Cow Point Turning Basin. 2 Depths are authorized depths and do not include 2 advance maintenance or 2 overdepth allowance, except at South Aberdeen reach with 0 advance maintenance and 1 overdepth allowance and Elliott Slough Turning Basin with 3 advance maintenance for half of the channel. Widths are at channel bottom and do not include extra width at channel bends. 3 Adverse weather/wave relief site. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 9

15 This alternative uses in-water work windows that vary by reach and method of dredging and occur as follows: Inner Harbor Reaches (clamshell) South Aberdeen, Elliot Slough Turning Basin, Aberdeen, Cow Point, Cow Point Turning Basin and Hoquiam in-water work window is 16 July through 14 February North Channel, Inner, and Outer Crossover in-water work window is 1 August to 14 February Outer Harbor Reaches (hopper with or without pipeline) Outer Crossover in-water work window is 1 April to 31 May South Reach window is 1 April through 30 June Pt. Chehalis, Entrance and Bar in-water work window is 1 April to 31 May Outer Crossover Reach may be dredged by either clamshell or hopper dredge depending on the timing of execution of the dredging, the location and/or quantity of shoaling since the last maintenance event, and the availability of specific dredging equipment when needed. Whichever equipment is employed, it would adhere to the applicable work window as listed above. Placement Sites Disposal or placement of dredged material would occur among five sites: two open-water disposal sites, two subtidal nearshore aquatic placement sites, and one upland placement site (Figure 1-2 in Section 1). The determination of which disposal site will be used during the course of maintenance dredging is based on several factors, including the following: location (reach) of the dredged material; disposal/placement site available capacity; weather and marine conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. Disposal at the Point Chehalis and South Jetty multiuser open-water disposal sites was discussed in an Interim Feasibility Report and Final EIS (USACE 1982; 1989) and supplemented by an EA and FONSI (USACE 1990). Dredged material placed in the nearshore disposal sites is typically dredged and transported via hopper dredge, but could on occasion be dredged and transported via bottom dump barge where tugs move the bottom dump barges to and from the aquatic beneficial disposal sites. The USACE places material at two nearshore and one upland site in Grays Harbor. Two of these sites are in the subtidal nearshore zone (Half Moon Bay and South Beach) and one is upland at the Point Chehalis Revetment Extension Mitigation site. Material placed in these sites is outer harbor material derived from marine sources. The Maintenance Dredging Combined Projects Biological Assessment (USACE 2016) ESA consultation coverage lasts through This document is incorporated by reference. The purpose of placement at the Half Moon Bay and Point Chehalis Revetment Extension Mitigation sites is to maintain a stable beach profile west of the Point Chehalis revetment extension constructed in 1999 and to ensure that the armor stone toe of the revetment extension is not exposed. The Point Chehalis Revetment Extension Mitigation Site is located above the mean higher high water (MHHW) Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 10

16 elevation (+9 feet MLLW at this location), but sand from the site erodes into Half Moon Bay during high tide and storm events. Following placement, the material erodes through natural processes and enters the nearshore zone and thus the littoral system. Material placed in the South Beach nearshore aquatic site returns material to the nearby longshore drift system. The purpose of placement at this site is to slow beach erosion on the south side of the South Jetty resulting from the interruption of longshore sediment transport by the two jetties at the mouth of Grays Harbor. The use of the sites is described in detail below. The in-water work windows for aquatic disposal in Grays Harbor are shown in Table 2-1 above. Work windows are primarily designated to protect juvenile salmonids, which occupy the shallow shoreline areas. Figure 2-1. Grays Harbor Nearshore and Upland Placement Sites. The dotted box around the South Beach nearshore placement site indicates the entire possible material placement area, and the inner purple box indicates a recent, typical material placement location. Black lines at the Half Moon Bay nearshore placement site divide the site into multiple placement areas. Bathymetric data, vessel size, presence of crab pots, weather, and other factors influence the exact location of material placement within a site. One upland placement site, the Point Chehalis Revetment Extension Mitigation site, is also shown. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 11

17 South Beach Site South Beach beneficial use site is located in the Pacific Ocean adjacent to the South Jetty and just offshore of the beach in that area. Dredged material placed in the South Beach site enters the littoral transport system and helps maintain the local beaches. The purpose of placement in this site is to slow erosion on the south side of the South Jetty. Dredged material placed at this site adds to and benefits the longshore drift system. This site is used only for dredged material placement transported via hopper dredge. Hopper dredges are designed to safely transport dredged material to this site due to energetic ocean marine conditions and weather. The sandy dredged material is placed as close to shore as possible, generally between -35 feet and -40 feet MLLW. This location extends the residence time of dredged material in the nearshore littoral system. It replaces material that has been eroded by longshore currents. The area of this placement site totals 1,223 acres. Up to 3,132,600 CY can be placed in the disposal site over the next 15 years with up to 600,000 CY expected to be placed per episode. The fate of the material is to become an integral part of the nearshore zone and local drift cell. The project area for the South Beach nearshore placement site is the 1,223 acres of the disposal site and into the adjacent ocean waters out to -50 feet MLLW from the beach continuing down current for one mile as well as the transit path between the dredging location and South Beach. Half Moon Bay Site Material is placed in the Half Moon Bay nearshore and Point Chehalis Revetment Extension Mitigation upland site principally to comply with the mitigation obligations of keeping the Revetment Extension buried to ensure the armor stone is not exposed and to maintain a stable beach profile on the eastern shoreline of Half Moon Bay. Dredged material placed in the Half Moon Bay beneficial use site enhances the nearshore area of Half Moon Bay. The Half Moon Bay nearshore nourishment site is used for placement as bathymetric conditions permit (i.e., when the bay is deep enough for bottom-dump barges or hopper dredges to navigate). Typically, the USACE uses its hopper dredge, MV Yaquina, to place material in the Half Moon Bay nearshore site. Dredged material is placed so that this sandy material will be transported, via natural processes, to the adjacent subtidal and intertidal areas inside Half Moon Bay to assist in maintaining a stable beach profile. The area of this placement site totals 93 acres. Up to 100,000 yards could be placed yearly, as necessary, in this placement site over the next 15 years. Material can be transported to this site by either hopper dredge or bottom dump barge, but hopper dredge is the typical transport vehicle. The fate of the material is for it to become part of the local nearshore littoral area and longshore drift cell. The project area for the Half Moon Bay disposal site is the 93-acre placement site and out to -30 feet MLLW continuing down current for 1 mile, which in this case is both directions because the currents change direction with ebb and flood; the project area includes the transit path between the dredging location and Half Moon Bay. Point Chehalis Revetment Extension Mitigation Site The upland Point Chehalis Revetment Extension Mitigation site is located adjacent to and east of Half Moon Bay. It is intended to be the source material site used to maintain a stable beach profile, to ensure that the armor stone of the revetment extension is not exposed to wave action, and to rebury the Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 12

18 revetment extension when it becomes exposed. This site is recharged, when feasible, with material from a hopper dredge with hydraulic pump-ashore capability. The hopper dredge transits to a mooring dolphin within Half Moon Bay and hydraulically pumps dredged material via a floating or submerged pipeline into the Point Chehalis Revetment Extension Mitigation site. The slurry of sand and water discharges to the area in front of the buried revetment. A sand berm/perimeter dike separates the discharge area from Half Moon Bay. The slurry of water and sand temporarily ponds in the placement site, and water is conveyed via effluent pipe into Grays Harbor. Turbidity levels of discharged decant water are monitored and managed in accordance with the conditions of the Clean Water Act Section 401 water quality certification issued by the Washington State Department of Ecology (Ecology). The sandy dredged material quickly dewaters and a dozer grades the sand uniformly over the placement area. Marine-derived sandy dredged material is placed in the Point Chehalis Revetment Extension Mitigation site located above +9 feet MLLW and is expected to subsequently erode through natural processes onto the intertidal beach area; portions of the material move farther into the nearshore zone and thus the littoral system. Excess stockpiled material may be available for use as needed to repair damage caused by storm erosion at nearby locations. Another means of pumping dredged material into the Point Chehalis Revetment Extension Mitigation site would involve a booster pump anchored in Half Moon Bay. In this case, a pipeline from a hopper dredge or a barge would be attached to the booster pump for the final push onto the adjacent upland site. The project area is the 4.6-acre Point Chehalis Revetment Extension Mitigation site and out to -30 feet MLLW continuing down current for 1 mile, which in this case is both directions because the currents change direction with ebb and flood. Up to 224,000 CY could be placed in the upland site over the next 15 years. For a booster pump anchored in Half Moon Bay, the project area is a one-mile radius around an anchored booster pump and extending along the pipe to the shore in Half Moon Bay and an area of 100 feet on each side of the pile that crosses the shore to the Point Chehalis Revetment Extension Mitigation site. Multiuser Open-Water Sites Two multiuser unconfined open-water dredged material disposal sites are located directly adjacent to the Federal navigation channel near the mouth of the Grays Harbor estuary (Figure 2-2). The multiuser open-water sites, Point Chehalis and South Jetty, are located on state-owned aquatic lands. Both sites are dispersive in nature. These sites were designated under the authority of Section 202 of the Water Resources Development Act of 1986, Public Law , for use in the disposal of material derived from maintenance dredging activities addressed in the Interim Feasibility Report and Final Environmental Impact Statement, Grays Harbor, Chehalis, and Hoquiam Rivers, Washington, Channel Improvements for Navigation (September 1982), as supplemented by an Environmental Assessment and Finding of No Significant Impact (February 1990) regarding disposal of material dredged from Grays Harbor navigation channels and a Final Environmental Impact Statement Supplement, Grays Harbor Navigation Improvement Project (May 1989). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 13

19 The Point Chehalis and South Jetty sites were selected because current measurements indicated that material would be effectively carried westward out of the estuary and into the longshore drift cell, thus reducing the likelihood that material would be recirculated on to harbor mudflats, eelgrass beds, and oyster beds. Additionally, disposal of material was desirable at these sites to stem the undercutting of the South Jetty as a result of tidal scouring action (USACE 1982). The Point Chehalis site was placed in an area with historically deep water and proven capacity for placement of dredged material. Figure 2-2. Grays Harbor Dispersive Sites. 2.3 Alternative 3 Dredging and Disposal with Additional Beneficial Use Under Alternative 3, the Grays Harbor and Chehalis River channel would be dredged to its authorized depths with allowable overdepth and advance maintenance as necessary with disposal as described in Alternative 2. Additional beneficial use opportunities are considered in Alternative 3. Non-Federal Sponsors are obligated by law to assume various obligations, including sharing in the incremental cost, Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 14

20 in order for the USACE to implement use of any additional beneficial use sites in disposition of material derived from maintenance dredging; however, there is currently no sponsor commitment in place. There are several opportunities around Grays Harbor for beneficial dredged material placement; Alternative 3 is not an exhaustive list of all opportunities but is used for comparison purposes. Specific areas include South Beach, Half Moon Bay, and North Jetty. The method of material placement would vary based on cost, equipment availability, weather and marine conditions, and site access characteristics. Beach nourishment could occur via hydraulic pump-ashore technology or barges that would be offloaded by pumps or excavator-like equipment. Compared to the nearshore dredged material placement at South Beach and Half Moon Bay described in Alternative 2 that provides sediment for the local nearshore littoral area and longshore drift cell, direct beach nourishment placements would generally have a principal purpose of providing a stable beach profile at higher elevations and compensate for erosion. Depending on the avenue to implement these beneficial placement sites, such as through the Continuing Authorities Program, the projects would be subject to applicable statutory prerequisites and requirements (e.g., non-federal sponsor cost share). Without non-federal sponsor participation, under the Federal standard implementing CWA Section 404 the USACE does not have the authority to undertake additional beneficial placement activities beyond what was described in Alternative 2. Non- Federal sponsor participation has not currently been identified for any of these beneficial use opportunities. Therefore, Alternative 3 cannot be carried forward for further evaluation at this time. 3 Issues for Comparison of the Alternatives This section provides information on the existing conditions of the project area and issues relevant to the decision process for selecting the preferred alternative. Existing conditions are the physical, chemical, biological, and socioeconomic characteristics of the project area. Factors for selecting the preferred alternative include considering which of the alternatives would be the least costly, environmentally acceptable, consistent with engineering practices, and meets the purpose and need of the project. 3.1 Hydraulics and Geomorphology The Chehalis River is the largest tributary to Grays Harbor, accounting for over 80% of the total fresh water in the estuary (USACE 1989). Average annual precipitation ranges from 43 inches near Chehalis to more than 250 inches in the headwaters of the Wynoochee and Humptulips Rivers (Gendaszek 2011). The Chehalis River originates in the Willapa Hills, the Black Hills, and lowlands east of I-5 near Centralia, and does not have a glacial source of water. It flows westerly through mostly conifer forests and open farmlands, and is the major contributor of fluvial sediment to the inner portions of Grays Harbor. Grays Harbor is a drowned river-valley estuary (Peterson et al. 1984) where a coastal valley has become inundated by the ocean. Prior to construction of the jetties and dredging of the shipping channel, the shorelines at the entrance to Grays Harbor were naturally occurring sandy spits (a type of shoal) located more than 2,000 feet east of the current coastline, and Damon Point (also known as Protection Island) did not exist (USACE 2014). Sediment was transported into the estuary (i.e., during a rising tide) via marginal flood channels that Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 15

21 formed flood shoal deposits as part of a flood tidal shoal complex. A main ebb channel maintained by the ebb current transported sediment back out of the estuary throat (i.e., during a falling tide) until its energy diminished enough for sediment to deposit and form an ebb shoal in the ocean outside the entrance to the estuary. Many of the natural features of the estuary have been stabilized, due to creation of the navigation channel and private development around Grays Harbor. The Point Chehalis Revetment and Groins were constructed to protect the shoreline from erosion. The North and South Jetties were constructed beginning 1907 and 1898, respectively, to confine tidal currents to obtain scouring velocities in the Bar and Entrance channel reaches. The jetties reduce storm surge flooding and substantially reduce the amount of shoaling in the navigation channel due to waves and longshore drift, particularly the southward movement of littoral drift, by blocking the flood currents that deliver the sediment. Blockage of the longshore drift results in substantial sediment accretion on beaches north and south of the jetties. The position of the shoreline along the beaches accreted or eroded depending on the condition of the jetties and their ability to block longshore drift (USACE 2012). Several major rehabilitations of the jetties have been completed since initial construction. Wind generated waves are common and have a pronounced effect on the suspension and movement of shallow water sediments. The presence of the jetties and related structures has likely resulted in increased sand accumulation on the offshore bar than would have otherwise occurred, and likely reduced the amount of sand moving into Grays Harbor from the outer coast (USACE 2014). Sand accretion and migration at Damon Point and Point Chehalis has enlarged and altered the configuration of these coastal features, most notably including the eastward migration of Damon Point. The increased export of sand from Grays Harbor has also increased the rate of accretion on the beaches to the north (Ocean Shores) and south (Westport area) of the harbor entrance, extending these beaches westward from the historic shoreline. In contrast, the exposed portions of the Whitcomb Flats sand island and the Half Moon Bay and Point Chehalis beaches on either side of the revetment are receding in conjunction with the ongoing morphological adjustment of nearshore bathymetry to these structures. The outer harbor sediments consist primarily of sand transported north as a part of the Columbia River Littoral Cell. Buijsman et al. (2003) found that the decrease of sand supply rather than the condition of the jetties has been the dominant factor influencing local shoreline changes within Grays Harbor since the 1960s. Gelfenbaum and Kaminsky (2010) found that the construction of dams on the Columbia River reducing peak discharge has reduced the sediment transport down the river by a factor of three; however, the impact of this reduction on sediment entering the littoral cell is unknown. The reduction in sediment supply moving into the system combined with the deepening of the inlet and offshore migration of the ebb tide delta as a result of constructing and maintaining the jetties has resulted in a net export of sand from Grays Harbor. The amount of sand entering outer Grays Harbor is dependent on the influence of the jetties and the amount of sand available to enter Grays Harbor from the Pacific Ocean, which in turn, is dependent on coastal erosion south of Grays Harbor (e.g., at Washaway Beach) and the amount of sand recruitment to coastal littoral drift from the Columbia River. The USACE anticipates that the navigation channel thalweg will continue to scour and deepen to convey the flows out of Grays Harbor on the ebb tide. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 16

22 An important morphological feature in the estuary is Whitcomb Flats, a sand flat about 1 mile east of the entrance to Westport Marina and south of the navigation channel (Figure 1). Most of Whitcomb Flats is submerged at high tide. Reconstruction of the South Jetty to +20 feet MLLW in 1939 substantially reduced sediment supply to Whitcomb Flats (Osborne 2003). From 1967 to 2001, Whitcomb Flats has been migrating east at about 100 feet per year, on average (Osborne 2003). The prevailing mechanisms attributed to the migration are ocean waves, tidal currents, and possibly eolian (wind) transport (Osborne 2003). As described above, the long-term trend of accretion along Damon Point and the associated migration of the ebb channel south into deeper water enabled larger waves to reach Whitcomb Flats and lead to the eastward migration (Osborne 2003) Alternative 1 No-Action Under the No-Action alternative, sediment would continue to accumulate in the navigation channel. Shoaling of sediment begins to hamper vessel passage to and from the Port of Grays Harbor and facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis. The current patterns in the channel would change and become more difficult to navigate. Continued shoaling would result in less water depth throughout the channel and, if allowed to continue unimpeded, could reduce or eliminate vessel traffic. Eventually, enough sediment would accumulate that the channel would no longer be navigable Alternative 2 Dredging and Disposal Maintenance dredging would continue over the next 15 years to remove shoaled material from the navigation channel and dredged material would be placed among the five placement sites (Section 2). Dredging would maintain the modified estuary as it is to provide safe and reliable access through the navigation channel to the Port of Grays Harbor and facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis. The morphology of Grays Harbor is an element of the larger Columbia River littoral cell, which comprises a complex and dynamic interconnected system. Morphological changes exerting effects throughout Grays Harbor commenced well over a century ago with the construction of the North and South jetties. Channel deepening, long since implemented nearly 30 years ago and now forming part of the environmental baseline for effects analysis purposes, has further contributed to morphological changes in Grays Harbor. The complex interaction among all the structural features of the navigation project has also contributed to these changes. Existing morphological conditions in Grays Harbor, resulting from the influences of a combination of varied sources that includes natural consequences, the effects of features of the Grays Harbor navigation project, and other human influences, form part of the environmental baseline against which the effects of maintenance dredging and disposal are gauged. All placement sites would either compensate for shoreline erosion or contribute material to the natural in-water sediment transport system. Placement of material into the Half Moon Bay nearshore site and the Point Chehalis Revetment Extension Mitigation Site is to ensure the armor stone is not exposed and a stable beach profile is maintained on the eastern shoreline of Half Moon Bay. Dredged material placed in the Half Moon Bay nearshore site prevents erosion of the beach while material placed at the South Beach nearshore site slow erosion on the south side of the South Jetty; however, both placement sites add material that becomes part of the local nearshore littoral area. In-water placement at the multiuser open-water placement sites adds material to the natural sediment transport system. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 17

23 The migration of Whitcomb Flats is attributed to large-scale morphological changes, including the longterm trend of accretion along Damon Point and the associated migration of the ebb channel south into deeper water that enabled larger waves to reach Whitcomb Flats and led to the eastward migration (Osborne 2003). The ongoing change in Damon Point morphology is influenced in part by the orientation and condition of the North Jetty, which has been in place for over 100 years (USACE 2014). The USACE has determined that original jetty construction is the primary driver controlling morphology at the harbor entrance and is responsible for the observed migration of the flood shoal and siltation of Whitcomb Flats. The larger-scale morphological trend has been substantiated through analysis of historic bathymetric surveys and aerial photos in Osborne (2003). The likelihood that the proposed maintenance dredging and disposal would alter wave dynamics or enhance erosive currents, and contribute to increased erosion of Whitcomb Flats and result in a substantial adverse impact is low, because the change in navigation channel morphology due to maintenance dredging is minor and has limited influence on the larger morphological processes at work. In regards to the impacts to oyster habitat associated with large scale harbor morphology, the USACE is currently not authorized to mitigate for impacts to Whitcomb Flats associated with the historic navigation project features which are considered baseline conditions. Without specific authorization from Congress to conduct mitigation, Section 111 of the Continuing Authorities Program is the only program available to the USACE to mitigate for damages attributable to historic Federal navigation features. The previous project under Section 111 authority transitioned into an inactive stage in 2010 when the non-federal sponsor was unable to cost-share the study; among other statutory prerequisites, cost-share by a non- Federal sponsor is a requirement for the USACE to proceed under the Section 111 authority. Much of the sediment transport and geomorphology is controlled by tidal fluctuations, high flows of the Chehalis River, and the effects of wind and waves (USACE 2012). Sediment transport dynamics and patterns of shoaling and erosion that were initially altered by the construction of the Federal navigation channel and project features would continue with the proposed maintenance dredging and material placement. Based on the expectation that hydraulics and geomorphology would remain the same as present conditions throughout the navigation channel and placement sites, the proposed action would not cause a significant impact to the current physical characteristics of the Grays Harbor estuary. 3.2 Sediments Major water and sediment inputs to Grays Harbor include the Chehalis, Elk, Humptulips, Hoquiam, Johns, and Wishkah Rivers (USACE 2012). Inner Grays Harbor substrate consists of sediments from the Chehalis River basin, while ocean derived sands occur in outer Grays Harbor (USACE 2011b). The main types of rocks and sediment in the basin are Tertiary sedimentary and volcanic rocks, Pleistocene glacial drift, and recent alluvium (Gendaszek 2011; Snavely et al. 1958). River gravel is largely trapped in stream beds prior to entering the upper reaches of Grays Harbor (Peterson et al. 1984). Sand input to Grays Harbor is typically 56% ocean derived and 44% river sand (Peterson et al. 1984). A mixed transition zone occupies a broad band in the central portion of Grays Harbor with river-borne silts that are also found near river mouths in North Bay and South Bay (USACE 2012). On average, the mean estuarine sediment compositions for Grays Harbor are 30% mud and 70% sand and gravel (Peterson et al. 1984). Wind generated waves are common and have a pronounced effect on the suspension and movement of shallow water sediments. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 18

24 The DMMP agencies evaluate the suitability of dredged material for disposal at aquatic placement sites through sediment characterization and chemical testing (DMMP 2018). Sediment from the outer harbor reaches (Entrance, Bar, Point Chehalis, and South Reaches) consist mainly of coarse-grained material in a high-energy environment, geographically removed from sources of contamination, and thus meets exclusionary criteria (40 CFR ) that precludes chemical testing. According to the DMMP agencies, the outer reaches are ranked very low for contamination concerns and only require testing every 10 years for grain size and total organic carbon content to ensure the exclusionary criteria are still met (DMMP 2016). Sediment from the inner harbor reaches is ranked low and requires a full sediment characterization every 7 years. All of the rapidly accumulating maintenance material of the inner harbor reaches has passed chemical and biological evaluations in the past 25 years of testing, has been found suitable for open-water disposal. The historical presence of chlor-oxide bleach process pulp mills and wood treatment sites contributed to relatively high levels of dioxins/furans in deeper harbor sediments outside of the proposed area to be dredged, and though the active sources no longer exist, remnant levels of dioxins continue to be found in some parts of Grays Harbor that have not been disturbed nor removed (DMMP 2018). The earliest suitability determination on record is from 1992, and inner harbor sediments were approved for estuarine (i.e., nearshore aquatic) or ocean unconfined open-water disposal. In-water disposal of the maintenance dredged material from the inner and outer harbor sections of the navigation channel was previously approved in a DMMP suitability determination on February 9, 2012 (DMMP 2012). The most recent sediment characterization occurred in 2017 and sampled all reaches of the navigation channel; the sediment is suitable in accordance with the DMMP for aquatic placement (DMMP 2018) Alternative 1 No-Action The No-Action Alternative would have no effect on the sediments in Grays Harbor or Chehalis River. This alternative would allow sediment to continue accumulating, which would eventually jeopardize the ability for safe navigation through the channel. Without placement of dredged material at the Point Chehalis Revetment Extension Mitigation site, the USACE would not be meeting mitigation obligations of keeping the Revetment Extension buried to ensure the armor stone is not exposed and maintaining a stable beach profile on the eastern shoreline of Half Moon Bay. Additionally, no sediment would be placed in the nearshore littoral zone or multiuser open-water placement sites. This alternative would not meet the project purpose and need because the Grays Harbor and Chehalis River Navigation Channel would not maintain its authorized depth as regularly performed bathymetric surveys have shown Alternative 2 Dredging and Disposal This alternative would maintain the navigation channel at its authorized depth. The direct effect of this alternative on sediments would be removal of accumulated surface sediments and exposure of underlying sediments to the water and currents of the channel. The dredged material placed upland and at the nearshore placement sites would have a similar grain size distribution as the adjacent channel and is expected to integrate quickly with the natural composition of the beach material and profile. Dredged material would disperse along the beaches by wind and wave activity. Material placed at the multiuser Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 19

25 open-water sites would quickly enter the longshore drift cell due to strong tidal currents and wave action. Removal of sediments from the navigation channel with placement at the nearshore zone sites would supplement the natural sediment transport and deposition processes in the Grays Harbor estuary. Based on the expectation that sediment input, composition, and character (i.e., suitability for open-water disposal) would continue as present conditions throughout the navigation channel and placement sites, this alternative would have no effect on the sediment character or grain size distribution provided by the Pacific Ocean or the rivers that drain into Grays Harbor. 3.3 Water Quality The Washington State Department of Ecology (Ecology) classified the fresh/estuarine waters of the Grays Harbor west of longitude W as excellent, suitable for primary contact recreational uses and shellfish harvest, while Grays Harbor east of longitude W to longitude W (Cosmopolis Chehalis River, river mile 3.1) was classified as good and suitable for secondary contact recreational uses, with the special condition that dissolved oxygen (DO) shall exceed 5.0 mg/l (WAC A-612). Both areas of Grays Harbor are listed as suitable for wildlife habitat, harvesting, commerce and navigation, boating, and aesthetics (WAC A-612). Most of the Chehalis River Basin is forest with interspersed agricultural and residential areas: 77% of the upper Chehalis Basin and 91% of the lower basin are forested and mainly owned by corporations with some private or government-owned areas (e.g., Capitol State Forest, Mt. Baker-Snoqualmie National Forest, and Olympic National Forest; Rountry 2004). Water quality could be affected by the concentrated agricultural, industrial, and urban usage of the low-lying valleys along the Chehalis River and its tributaries, which makes up 42% of the land use within one mile of the major Chehalis Basin Rivers and 11% of total basin use (Rountry 2004). Inner and Outer Grays Harbor is on the 303(d) list (category 5) for only one water quality parameter: dieldrin, which was found in mussel tissue in 2008 from Outer Grays Harbor (Ecology 2018). Inclusion in the 303(d) list requires a water quality improvement project. Grays Harbor is classified into several other water quality assessment categories (Figure 3-1). Water quality is categorized as impaired in Grays Harbor for bacteria, DO, temperature, copper, and water column bioassay (Figure 3-1; Ecology 2018). Sediment quality is discussed in Section 3.2. Total maximum daily loads (TMDLs), which refer to the highest amount of pollutant a surface water body of water can receive and still meet water quality standards, are established in Grays Harbor for dioxin and fecal coliform bacteria, in the Humptulips River for temperature, and in the Chehalis River basin for temperature, DO, fecal coliform, ammonia-n, biological oxygen demand, and chlorine. Commercial shipping and pollution from point and non-point sources (e.g., agriculture, pulp mill runoff) may reduce water quality with the discharge of contaminants into the water (NMFS 2009). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 20

26 Figure 3-1. Water Quality Assessment Map for Grays Harbor (Ecology 2018). Impairment categories range from Category 1 (meets tested standards for clean waters) to Category 5 (polluted waters that require a water improvement project). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 21

27 3.3.1 Alternative 1 No-Action The No-Action Alternative would have no effect to water quality in the Grays Harbor estuary or at any placement sites Alternative 2 Dredging and Disposal This alternative would have a minor, short-term degradation of water quality related to turbidity and DO in a small area immediately down-current from the active dredging operations. This effect would take place in a high-energy environment where ambient water quality conditions include fluctuating turbidity due to environmental factors such as strong currents and wind, tidal influence, and riverine sediment input. Dredging operations would cause turbidity due to short-term resuspension of sediments in the water column; the amount of resuspended sediment would decrease with distance from the dredging. The area affected by turbidity would be only slightly wider than the dredging equipment as currents move suspended sediments. Clamshell dredges produce more turbidity than hopper dredges because the dredge buckets create turbidity when the bucket encounters the substrate and is retracted up through the water column. With hopper dredging, turbidity occurs at the bottom of the channel during dredging. Turbidity is generated during the disposal phase. Hopper and clamshell dredging release material directly over the disposal site causing a vertical plume. Dredges that produce a slurry at their outfall, such as when material is pumped to the disposal location, may result in releases to water column. Turbidity is monitored and steps are taken to keep turbidity within levels identified by Clean Water Act Section 401 water quality certifications issued by Ecology. The most recent water quality certification for Grays Harbor maintenance dredging allows for a 600-foot mixing zone downcurrent of the dredge and placement operation such that suspended sediment in the water column would return to background conditions within the 600-foot mixing zone. Approved water quality monitoring plans for mechanical (clamshell) and hydraulic hopper dredging contain procedures to address turbidity in the event of an exceedance of water quality standards. This includes reviewing existing best management practices, confirming exceedances with additional testing, or increasing monitoring to confirm the turbidity level has dropped. In some cases dredging may be suspended until turbidity levels have been reduced or an environmental source of turbidity (e.g., heavy rains) can be confirmed. The USACE expects that turbidity will be kept within the levels identified by Ecology s water quality certifications. DO may decline around dredging operations when the suspension of anoxic sediments creates elevated chemical oxygen demand. Temporary decreases in DO associated with increased suspended sediments are possible in the immediate dredging plume area. During dredging operations, DO in the navigation channel is not expected to reach levels sufficiently low to cause aquatic organisms harm (below 4 mg/l) because flushing from tidal currents and flow from the Chehalis River would keep the water oxygenated. It is unlikely that the sediments to be dredged are strongly anoxic because the bulk of the sediment typically has a low percentage of fine materials. Short-term effects of decreases in DO could include avoidance of the dredging area by mobile aquatic organisms, and reduced foraging opportunity during and immediately after dredging as fish avoid areas of depressed DO. Given the amount of tidal exchange and flow in the project area and low likelihood for substantial amounts of anoxic sediments, it is unlikely Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 22

28 that DO would have measurable changes due to dredging and would therefore not cause harm to aquatic organisms. These water quality characteristics are of low concern for the aquatic biota in the project area because the water quality effects are confined in space and time and most mobile organisms in the affected area that could be affected by turbidity or minor reductions in DO would be able to avoid or escape the affected area without measurable harm. These effects would occur in each of the approximately annual dredging episodes over the next 15 years, and are temporary and localized. There will be a minor increase in turbidity during, and for a short time after disposal, especially near the substrate of the nearshore aquatic sites (Half Moon Bay and South Beach). Based on past monitoring, the USACE expects that disposal will produce only a minor amount of turbidity and the dredged material will disperse, and perhaps cause increased turbidity in the lower reaches of the water column for a short time. However, the material will be dispersed over a large area and will likely be undetectable or in a thin layer. Some turbidity will occur at the intertidal beach disposal sites because some of the material is expected to move into the adjacent water bodies and into local longshore drift cells after supratidal placement. As material erodes from beach placement by waves and tidal influence, turbidity is expected to match background, baseline levels. Any material that enters the longshore drift cell will mimic natural sediment movement. Dredged material with anaerobic sediment placed in aquatic disposal sites will be exposed to oxygenated water and the biological oxygen demand will be quickly eliminated as the material disperses. The USACE anticipates that any subsequent reduction in ambient DO will not be sufficient to cause detrimental effects on the demersal and infaunal communities in disposal sites or nearby areas because the material will be dispersed over a large area reducing the effects to any given location. Material placed at the intertidal beach placement sites will have no effect to DO levels as the sediment disperses with tidal currents and wave action. Runoff from the upland placement sites at Point Chehalis Revetment Mitigation Site would be controlled by setting up a sand berm/perimeter dike to separate the discharge area from Half Moon Bay, Grays Harbor, or the Pacific Ocean. The slurry of water and sand temporarily ponds in the placement site so that the material settles out of suspension, and the clean, ponded water is conveyed via effluent pipe into Grays Harbor at the exposed rock revetment. The USACE anticipates receiving a water quality certification from Ecology for maintenance dredging and material placement, and will comply with all required conditions associated with the discharge of dredged or fill material into waters of the U.S. contained in the certification. No release of contaminants is expected due to the clean nature of the dredged material and, based on the short-term, minor effects to water quality, the proposed action would not cause a significant impact to the water quality of the Grays Harbor estuary. 3.4 Vegetation The coastal beach zone of Grays Harbor consists of developed areas with jetties, dikes, marinas, and ports, as well as natural areas of rocky habitat, sand beaches, and salt marshes, meadows, and brackish marshes (Figure 3-2). Approximately 8,000 to 11,000 acres of Grays Harbor s 25,000 total acres support eelgrass (Zostera marina) meadows (Borde et al. 2003). Eelgrass prefers currents less than 3.5 knots, Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 23

29 depths less than 22 feet, and salinity greater than or equal to 22 parts per thousand (Phillips and Watson 1984), and these parameters are not found in the navigation channel or dredge material placement sites. Macroalgae beds are not prevalent because most of Grays Harbor is unconsolidated sand and mud so attachment points are limited except for rocky structures like dikes and pilings. A small amount of patchy kelp is found at Westhaven Marina. Salt marshes line portions of the estuary; however, diking of intertidal areas has transformed much of the historical marshes into wet pasturelands that are removed from tidal influence. The total spatial extent of salt marsh in Grays Harbor is not well documented, but at least 1,500 acres of salt marsh remain in the Grays Harbor National Wildlife refuge (USFWS 2016). Salt-tolerant plants that inhabit the salt marshes include tufted hairgrass (Descampsia cespitosa), Lyngby's sedge (Carex lyngbyei), Baltic rush (Juncus balticus), and pickleweed (Salicornia virginica). Native dunegrass (Elymus mollis) occurs above MHHW on the upland sand dunes along the shorelines of Grays Harbor, including on the sand dunes upslope of the South Jetty and Half Moon Bay and along the north shore of Damon Point (nearly 2 miles north of the navigation channel). Sweet grass, also known as American or common three-square or chair-maker s rush (Schoenoplectus pungens [formerly classified as Scirpus americanus]), is a common, relatively tall sedge that is an important plant resource in Grays Harbor where it is used by basket makers from the Chehalis and Quinault Tribes. Sweet grass grows in either freshwater or brackish marshes on the flats of the intertidal zone and exists in the area along the shoreline of Bowerman Basin within the Grays Harbor National Wildlife Refuge. While sweet grass is an important plant resource, as an emergent intertidal plant, it does not occur within the deeper waters of the navigation channel or dredged material placement sites. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 24

30 Figure 3-2. Vegetation map of Grays Harbor from the Washington State Coastal Atlas Map (Ecology 2017). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 25

31 3.4.1 Alternative 1 No-Action The No-Action Alternative would have no effect to any vegetation or tidal wetlands in the project area. While shoaling may eventually create shallower aquatic habitats within the estuary, the processes that allow tidal wetlands to develop are substantially degraded, making low likelihood for wetland creation to occur in the absence of the dredging project Alternative 2 Dredging and Disposal Short-term, localized increases in turbidity due to dredging and dredge material placement may occur during dredging activities. These increases in turbidity may result in settlement of suspended sediments onto nearby eelgrass beds, which could reduce photosynthetic ability of the plants by blocking sunlight. These impacts are anticipated to be rare and of short duration. Wave action and tidal currents would likely wash the sediments from the eelgrass fronds returning their photosynthetic ability to a normal range within two or three tidal cycles (one to two days) or less. Disposal is in locations where aquatic vegetation does not occur. The locations of existing disposal sites were chosen in areas with minimum to no vegetation. The lack of vegetation is primarily due to the high energy environments and ambient turbidity at the disposal sites. For example, Half Moon Bay is shallow enough for eelgrass, but wave action, currents and turbidity appear to preclude eelgrass. The other inwater disposal sites are too deep and turbid for eelgrass. The Point Chehalis Revetment Mitigation upland placement site where sand is stockpiled for future use, is located in an area of sand dunes largely without vegetation. There is some dune grass that self-established on the disposed sand, but this dune grass is native and re-establishes after each placement event. This alternative would have minimal to no effect on aquatic vegetation within Grays Harbor because the dredging is conducted in the deepest portions of Grays Harbor away from aquatic vegetation and at depths where vegetation generally cannot grow. There would be no direct or indirect impact to salt marshes or macroalgae because they are not found within or near the navigation channel or material placement sites. For these reasons, the proposed action would not cause a significant impact to the aquatic vegetation of Grays Harbor estuary. 3.5 Fish Grays Harbor and adjacent nearshore marine areas provide habitat for a variety of groundfish, forage fish, and other fish species during part or all of their life cycles (Emmett et al. 1991; Monaco et al. 1990). Groundfish species include rockfish, flatfish, and other bottom-dwelling species; forage fish include herring, smelt, eulachon, sardine, and other small pelagic fish species. Forage Fish Forage fish are a critical prey item for many fish and wildlife species. Adult forage fish generally spawn on beaches and submerged vegetation in Pacific Northwest estuaries while the larval and juvenile forage fish rear along the shoreline and nearshore habitat (Pentilla 2007). Several species of forage fish are abundant in Grays Harbor during different times of the year: Pacific herring (Clupea harengus pallasi), Pacific sand lance (Ammodytes hexapterus), northern anchovy (Engraulis mordax), surf smelt (Hypomesus pretiosus), longfin smelt (Spirinchus thaleichthys), whitebait smelt (Allosmerus elongatus), and American shad (Alosa sapidissima; Simenstad and Eggers 1981). Pacific eulachon (Thaleichthys Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 26

32 pacificus) occasionally spawn in Grays Harbor tributaries (QIN 2014) but are ESA-listed and are discussed in section 3.8. Based on coastal shoreline surveys for beach spawning fish, the Washington Department of Fish and Wildlife (WDFW) has mapped known spawning locations of forage fish within Grays Harbor; species include Pacific herring and surf smelt (WDFW 2014). Pacific sand lance have been documented as spawning in Grays Harbor but have not been mapped. Herring spawning locations are documented to the north and south of the project area at Damon Point, the Westport Marina, and the South Bay/Elk River estuary (WDFW 2014). The herring spawning sites are approximately 0.5 to 3.0 miles from the navigation channel or material placement sites (Figure 3-3). A surf smelt spawning location is documented approximately 0.45 miles south of South Jetty (Figure 3-3). Figure 3-3. Documented surf smelt and herring spawning locations in Grays Harbor, Washington (WDFW 2014). Spawning locations are located near the mouth of Grays Harbor and South Bay. There are 18 Washington herring stocks that are assessed annually; two herring stocks spawn on the coast in Willapa Bay and Grays Harbor (Stick et al. 2014). Initial documentation of herring spawning in Grays Harbor occurred in 1998 and has been surveyed intermittently until the most recent coastal herring spawning stock assessment in 2008 (WDFW 2008). Primary spawning habitat is present at the outer edges of native salt-marsh beds on vegetation like rockweed, sea lettuce, and salt grass in the uppermost tidal zone and takes place in February through March (Penttila 2007). Recent juvenile salmonid surveys ( ) captured juvenile herring primarily in the lower estuary mid-june through Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 27

33 September in 2011 and also in 2012 and 2013, but much less frequently than in 2011 (Sandell et al. 2014). The presence of juvenile herring indicates the harbor is used as rearing habitat. Surf smelt were a large portion (19-29%) of the non-salmonid catch in beach seine surveys of juvenile salmonids in Grays Harbor (Sandell et al. 2014) and were consistently represented in beach seine survey catches (17% of total catch) at Half Moon Bay (R2 Resources 2005). Juvenile sand lance were not frequently encountered during the beach seines (Sandell 2014) or during sampling at Half Moon Bay, possibly because they prefer beaches without such heavy surf. Between December 2004 and April 2005, Washington Department of Fish and Wildlife (WDFW) fishery biologists conducted twice monthly sand lance spawning surveys along the Half Moon Bay shoreline. No eggs were found, and WDFW concluded that the study area was not suitable spawning habitat because wave energy was too great (Molenaar 2005, as cited in USACE 2011b). Other forage fish found in high numbers during nearshore surveys include shiner perch, threespine stickleback, American shad, and Pacific staghorn sculpin (Sandell et al. 2014). Simenstad and Eggers (1981) found northern anchovy in higher abundance than other forage fish species in Grays Harbor, with all life stages from juvenile to mature adult captured in surveys. Anchovies may spawn in Grays Harbor based on presence of larvae (Monaco et al. 1990; Simenstad and Eggers 1981). Salmonids Grays Harbor and the Chehalis River watershed supports seven anadromous salmonid species: Chinook (Oncorhynchus tshawytscha), coho (O. kisutch), chum (O. keta), bull trout (Salvelinus confluentus), coastal cutthroat trout (O. clarki clarki), steelhead (O. mykiss), and sockeye (O. nerka). Sockeye salmon are one of the most important fishery species for the Quinault Indian Nation, and Chinook and coho salmon are popular small boat sportfishing targets due to the protected nature of the estuary. Fish usage of the estuary occurs throughout the year, although the greatest numbers appear in summer and the least in winter, with the exception of steelhead, which have a peak return in December. Peak outmigration of juvenile Chinook occurs in May and June; coho predominantly outmigrate between mid-april and late May each year. Bull trout use the area as juveniles for rearing and forage as adults. Other Pelagic and Demersal Fish Small numbers of other fish captured during sampling included saddleback gunnels (Pholis ornata), starry flounder (Platichthys stellatus), sculpins (Scorpaniformes), rockfish (Sebastes spp.), bay pipefish (Syngnathus leptorhynchus), Pacific snake prickleback (Lumpenus sagitta), and northern pikeminnow (Ptychocheilus oregonensis; Sandell et al. 2014). The rocky habitat along the South and North Jetties likely hosts reef dwelling fish like juvenile and subadult rockfish and lingcod (Ophiodon elongates); juvenile rockfish have been found in Half Moon Bay (R2 Resources 2005) Alternative 1 No-Action The No-Action Alternative would have no negative effects to fish species Alternative 2 Dredging and Disposal The proposed action may cause temporary effects to water quality including increased suspended solids and small decreases in DO in the immediate dredging area. The temporary increases in suspended solids could affect juvenile salmon in the immediate dredging area through decreased visibility for foraging Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 28

34 activities and impaired oxygen exchange due to clogged or lacerated gills. However, the available evidence indicates that total suspended solids (TSS) levels sufficient to cause such effects would be limited in extent. LeGore and Des Voigne (1973) conducted 96-hour bioassays on juvenile coho salmon using re-suspended Duwamish River sediments from five locations. Up to 5% sediment in suspension (28,800 mg/l dry weight), well above levels expected to be suspended during dredging, had no acute effects. Salo et al. (1979) reported a maximum of only 94 mg/l of sediment in solution in the immediate vicinity of a working dredge in Hood Canal. This indicates that turbidity would be elevated on a temporary and localized basis by dredging, but that TSS levels sufficient to cause adverse effects on salmon would be very limited in extent. Any turbidity would primarily be at the bottom of the water column at 40 feet deep in the center of the channel and juvenile salmon are surface-oriented in shallow water at the margins of the river. Also, dredging timing avoids the periods of peak abundance of juvenile salmonids, which substantially reduces the chance that they would encounter elevated turbidity. Sediment suspension during dredging and material placement can result in localized and temporary reduction of DO, primarily due to fine-grained anaerobic sediments that create an oxygen demand when suspended. Fine-grained sediment is more likely to be found in the inner harbor reaches but previous monitoring has not found dredging these reaches to result in reduced DO (ICF Jones and Stokes 2008). The resuspension of sediment would decrease with distance from the Chehalis River because the fine grain content decreases closer to the mouth of Grays Harbor due to the input of more coarse oceanderived sediment and distance from sediment input from the Chehalis River. Additionally, the in-water work window avoids substantial overlap between the timing of dredging and salmon outmigration; therefore, any effects would occur to very few if any juvenile salmonids. Due to very little coincidence of timing and location, effects of dredging would be discountable. Adult salmonids are expected to avoid areas of increased turbidity, while juveniles would be less able to avoid such areas. Juvenile salmon are unlikely to frequent areas of dredging as they stay close to the shorelines during migration and feeding; however, fish that transit dredged material placement areas may be susceptible to disturbance by material placement. Dredging would only occur during the inwater work window, which protects the sensitive life stage of out-migrating juvenile salmonids as well as forage fish spawning to avoid exposure to increased suspended sediments. Most forage fish species are highly mobile and can avoid dredging and dredged material as it descends through the water column. Some forage fish may be entrained. Sand lance burrow into sandy substrate at dusk where they remain until dawn; therefore, they are at risk of burial during nighttime disposal. It is assumed that any sand lance in a disposal site would flee the area if disturbed at night, or would likely not choose to burrow into an active disposal zone. Dredging and material placement activities may occur adjacent to documented forage fish spawning locations. These activities may result in temporary elevated turbidity and suspended sediment levels but will not result in the long-term destruction or permanent removal of documented forage fish spawning habitat. Based on the expectation that sediment suspension during dredging and material placement would be temporary and localized, the avoidance of overlap between the in-water work window and salmon Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 29

35 outmigration, and mobility of forage fish, the proposed action would not cause a significant impact to the fish of Grays Harbor. 3.6 Wildlife The expansive mud and sand tidal flats of Grays Harbor make up one of four major staging areas in the Pacific Flyway extending along the west coast from Alaska to Central and South America. Up to 1 million shorebirds feed and rest in Grays Harbor during their spring and fall migrations. Grays Harbor has accordingly been recognized as important shorebird habitat, with the Grays Harbor National Wildlife Refuge established in 1988 to protect 1,500 acres of intertidal mudflats, saltmarsh, and uplands. Although the refuge occupies only 2% of the intertidal area of Grays Harbor, up to 50% of the shorebirds forage and rest in the refuge (U.S. Fish and Wildlife Service 2013). Up to about 278 species of birds use the Grays Harbor National Wildlife Refuge. The most abundant shorebird species are typically western sandpiper (Calidris mauri) and dunlin (Calidris alpina). Semipalmated plover (Charadrius semipalmatus), least sandpiper (Calidris minutilla), red knot (Calidris canutus), and black-bellied plover (Pluvialis squatarola) are common during their migration. American widgeons (Anas americana) are the most common waterfowl species making up nearly 60% of the waterfowl population during spring and fall migrations. Mallards (Anas platyrhynchos), green-winged teal (Anas carolinensis), and northern pintail (Anas acuta) are also common during migration time (USFWS 2016). River otter (Lutra Canadensis), beavers (Castor canadensis), and muskrats (Ondatra zibethicus) are present in Grays Harbor, particularly along the mudflats and shorelines (USFWS 2016). Common terrestrial mammals observed in the Grays Harbor National Wildlife Refuge include blacktailed deer (Odocoileus sp.), mink (Neovison vison) and short-tailed weasel (Mustela ermine; USFWS 2016). Harbor seals (Phoca vitulina), harbor porpoise (Phocoena phocoena), Northern elephant seal (Mirounga angustirostris), California sea lion (Zalophus californianus), and Steller sea lions (Eumetopias jubatus) are known to occur in Grays Harbor (Figure 3-4). Harbor seals and California sea lions are usual and common inhabitants of Grays Harbor and can be found at a number of haulout sites within the estuary in any month of the year (Jeffries et al. 2000). Humpback whales may occur in proximity to the navigation channel and gray whales are a common attraction for whale watchers a few miles offshore (Figure 3-5). Southern Resident killer whales have been sighted near Grays Harbor but are generally seen infrequently, and although Dall s and harbor porpoise sightings have been common in all months, the remaining dolphins and porpoises were seen on very few surveys, primarily during the summer (Figure 3-5). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 30

36 Figure 3-4. Pinniped sightings during visual surveys near Grays Harbor (figure from Oleson et al. 2009). Red circles mark acoustic monitoring stations. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 31

37 Figure 3-5. Whale (top panel) and dolphin and porpoise (bottom panel) sightings during visual surveys near Grays Harbor (figure from Oleson et al. 2009). Red circles mark acoustic monitoring stations. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 32

38 3.6.1 Alternative 1 No-Action The No-Action Alternative would have no effect on marine mammals, birds, or terrestrial wildlife Alternative 2 Dredging and Disposal Routine annual maintenance dredging of the Federal navigation channel with its associated placement sites would have a low level of disturbance to wildlife due to noise and presence of humans on the dredge vessel. This may temporarily displace a small number of birds and marine mammals including western sandpipers, mallards, and American widgeons, sandpipers, sea lions, and harbor seals that use the estuary. Harbor seals and California sea lions are frequently present in the estuary and typically avoid vessels, so the presence of the dredge may cause similar avoidance behavior. Due to the heavily trafficked nature of the Grays Harbor navigation channel by large, ocean-going vessels, maintenance dredging is not expected to cause more than the usual amount of disturbance to birds or marine mammals; however, the constant noise from the operating dredge (clamshell or hopper) may cause marine mammals and birds to avoid the immediate area around the dredge during dredging and prefer areas with only ambient noise. Lights operating on the dredge would temporarily increase ambient lighting levels at night in the immediate vicinity of the dredge, but are not expected to adversely affect adjacent habitats beyond the immediate vicinity of the dredge operation. In-air noise levels are expected to be minimal, limited in space and time, and somewhat masked by ambient noise in the project area due to typically high winds; the majority of impacts will be underwater noise due to most of the dredging and disposal taking place away from land. The behavioral disturbance threshold for marine mammals is estimated at 120 root mean square decibels (db RMS) for continuous noise and 160 db RMS for pulsed noise. Operation of clamshell dredge machinery is categorized as non-impulsive sound and has been measured at 142 db RMS (Clarke et al. 2002). Operation of hopper dredge machinery is categorized as non-impulsive and has been measured at 120 to 140 db RMS with frequencies in the range of 70 to 1,000 Hz range 40 meters from the dredging activity (Clarke et al. 2002). Much of the sound produced during hopper dredge operation is associated with propeller and engine noise, which is similar to large commercial vessels, with additional noise emitted by pumps, generators, and draghead contact with the substrate (Clarke et al. 2002). Based on the recently released technical guidance for assessing the effects of underwater anthropogenic sound on marine mammals, dredging at Grays Harbor would be below the sound exposure level (SEL) that causes a temporary threshold shift in hearing ability of seals and sea lions; the SEL for nonimpulsive sound is 181 db and 199 db for seals and sea lions, respectively (NMFS 2016). Additionally, ambient noise levels in Grays Harbor are typically high, and sound would attenuate quickly with distance from the dredge and would not cause any greater harm than avoidance of the immediate dredging area. The estimated ambient noise level in Grays Harbor is 123 db RMS, which is based on the median of observed ambient noise values in locations around Puget Sound subject to similar levels of vessel traffic because no observed ambient noise data are available for the exact project area (WSDOT 2013; USACE 2014). Clamshell dredging noise, the loudest of the project s underwater noise sources, has been shown to dissipate to approximate ambient levels of 123 db RMS within about 600 feet of dredging activities Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 33

39 (Clarke et al. 2002; WSDOT 2013; USACE 2014). This is a relatively small area compared to the remainder of Grays Harbor available for occupation by birds or marine mammals. Additionally, NMFS considers dredging to be a low impact activity for marine mammals, producing non pulsed sound and being substantially quieter in terms of acoustic energy output than sources such as seismic airguns and impact pile driving (78 FR 30875). This effect would be expected to occur only within a short distance of the proposed dredging and is assumed to continue the same immeasurable level of effect that has likely occurred in recent decades of annual maintenance dredging; therefore, the proposed action would not cause a significant level of disturbance to the wildlife of Grays Harbor estuary. 3.7 Benthic Invertebrates Various invertebrates use Grays Harbor. Numerous clam species, oysters, and a diverse epibenthic community of worms, nematodes, copepods, amphipods, mollusks, and crustaceans provide forage for the fish, birds, and other wildlife in Grays Harbor. Commercial harvest of Dungeness crab (discussed in section 3.14) and farming of oysters provide substantial inputs to the local economy of communities around Grays Harbor. A summary of the distribution and abundance of invertebrates on the west coast, including Grays Harbor, was compiled in 1990 and 1991 (Monaco et al. 1990; Emmett et al. 1991). Blue mussels (Mytilis edulis), Pacific littleneck clams (Protothaca staminea), and Horseneck gapers (Tresus capax) are common in Grays Harbor; Pacific oysters are highly abundant (Monaco et al. 1990). Manila clams (Venerupis japonica), softshell clam (Mya arenaria), and bay shrimp (Crangon franciscorum) are present (Emmett et al. 1991). Since then, smaller studies have taken place around the estuary such as in Half Moon Bay and South Beach (SAIC 2005). In Half Moon Bay, the highest abundance and number of invertebrate taxa occurred at subtidal sample stations (-4, -8, -12 feet MLLW) with the ribbon worm (Phylum Nemertea) and annelids (Saccorcirrus sp.) most abundant at 15 and 3 of the 21 stations, respectively (SAIC 2005). At South Beach the ribbon worm was dominant at most stations, except one where Trichopteran larvae were dominant and one where annelids (Oligochaeta sp.) were greatest (SAIC 2005) Alternative 1 No-Action The No-Action Alternative would have no negative effects to benthic invertebrates. The navigation channel has been dredged annually in most reaches so there is likely a lack of long-lived invertebrates in the channel. Therefore, ceasing a maintenance dredging program may allow greater biodiversity to develop into a more stable community in the channel within a few years after the last dredging event Alternative 2 Dredging and Disposal Dredging the channel would disrupt the benthic community and cause direct mortality to sessile organisms within the sediment that are unable to avoid the dredging operation. Rate of entrainment depends on the density of benthic organisms in the dredging and material placement footprint. This would occur annually for most reaches over 15 years. The dredging area is small relative to the total benthic area covered by the invertebrate populations; the loss of a relatively small number of benthic organisms to dredging compared to total habitat available in the project area would not impact the total population. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 34

40 Benthic organisms in Grays Harbor are accustomed to high-energy, shifting sediments and are able to recolonize areas of disturbance like those that occur during dredging and dredged material placement. Several studies have demonstrated that benthic organisms rapidly recolonize habitats disturbed by dredging and dredged materials placement and return these habitats to reference conditions (Wilber and Clarke 2007; Ponti et al. 2009). However, little post-dredging recovery would occur during the first seven months after dredging, after which early successional fauna would begin to dominate over the next six months (Newell et al. 1998). This suggests that full recovery of a site may take years, and that periodic maintenance dredging of the navigation channels will likely maintain habitats at lower functional levels with altered and reduced population structures compared to undisturbed areas. Therefore, continued maintenance dredging and sediment disposal is likely to prevent full recovery of the affected areas but this also means that continued maintenance dredging would occur in altered habitats that are already functioning at reduced levels. Surveys in Half Moon Bay and South Beach before and after material placement showed a rapid recovery of the benthic community (SAIC 2005). The community in the channel is likely adapted to the dredging cycle and populated with short-lived species with an overall lower biodiversity compared to natural conditions in estuaries that are not regularly dredged (McCauley et al. 1977). The temporary loss and shift in community structure of benthic invertebrates would not substantially affect the broader estuarine community and biodiversity in the project area. Placement of dredged material at Half Moon Bay nearshore site and South Beach nearshore site would cause mortality of invertebrates present where the bulk of material lands. Larger organisms such as crabs would generally be able to flee the area. Sediments would be a similar type and coarseness as those already present in the nearshore sites and the depth of the total habitat area available would not change. In a relatively short period, organisms would reestablish in the placement area due to recruitment from adjacent non-disturbed areas. Based on these factors, effects to benthic invertebrate populations and their habitat due to dredging and material placement would be minor and insignificant. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 35

41 3.8 Threatened and Endangered Species Grays Harbor potentially hosts 19 species that are federally listed under the Endangered Species Act; these appear in Table 3-1 with their critical habitat status. The fish and bird species are commonly occurring or well-documented while the sea turtles and most whale species (Section 3.6) are far less common. Table 3-1. Species listed under the Endangered Species Act with status and critical habitat designation. Common Name Scientific Name Designated Critical Habitat Coastal/Puget Sound Bull Trout Salvelinus confluentus Yes Lower Columbia River Chinook salmon Oncorhynchus tshawytscha Yes* Upper Willamette River Chinook salmon Oncorhynchus tshawytscha Yes* Columbia River chum salmon Oncorhynchus keta Yes* Southern DPS Pacific Eulachon Thaleichthys pacificus Yes* Southern DPS North American Green Sturgeon Acipenser medirostris Yes Western Snowy Plover Charadrius alexandrius nivosus Yes Marbled Murrelet Brachyramphus marmoratus Yes* Streaked horned lark Eremophila alpestris strigata Yes Southern Resident Killer Whale Orcinus orca Yes Humpback Whale Megaptera novaeangliae No Blue Whale Balaenoptera musculus No Fin Whale Balaenoptera physalus No Sei Whale Balaenoptera borealis No Sperm Whale Physeter macrocephalus No Leatherback Sea Turtle Dermochelys coriacea Yes Loggerhead Sea Turtle Caretta caretta No Green Sea Turtle Chelonia mydas Yes* Olive Ridley Sea Turtle Lepidochelys olivacea No * Critical habitat is designated for this species, but does not occur in the action area. 1 Critical habitat that occurs outside the action area is not applicable. The southern Distinct Population Segment (DPS) of eulachon sometimes traverse the project site. No critical habitat is present at dredging or material placement sites. Eulachon occasionally spawn in Grays Harbor tributary rivers in low numbers and have been documented as rare in Chehalis River sloughs (Simenstad et al. 2001; Willson et al. 2006; QIN 2014). Spawning outside of the Columbia River is more likely when environmental conditions in the Columbia River are suboptimal, such as cold water conditions less than 4 C that slow or stop migration, or due to sporadic straying (WDFW and ODFW 2001). Between late winter and early summer, adult and larval eulachon migrate through Grays Harbor to move between their spawning areas and marine habitats. Grays Harbor and the adjacent nearshore marine waters are designated critical habitat for Southern green sturgeon. Adult green sturgeon immigrate into the Sacramento River to spawn from April to July. Juveniles spend one to four years in freshwater before migrating to the ocean. Adult and subadult Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 36

42 Southern green sturgeon concentrate in coastal estuaries, particularly the Columbia River estuary, Willapa Bay, and Grays Harbor in summer and early fall to forage (Moser and Lindley 2007). Lindley et al. (2011) documented tagged individuals in Grays Harbor during June to October. Critical habitat is not present in Grays Harbor for the three ESA-listed salmon species, but nearshore habitat of the outer portion of Grays Harbor is typically used for juvenile rearing. Juveniles may travel along ocean currents to Grays Harbor from the Columbia River any time within their rearing windows, so they could be present from late winter through summer (Horner-Devine et al. 2009). Bull trout use Grays Harbor, which is designated as bull trout critical habitat, throughout the year as adult and subadult foraging habitat. Bull trout enter Grays Harbor in late winter and forage in estuarine and tributary habitats through mid-summer, and subadults and nonspawning adults may overwinter in Grays Harbor tributaries Alternative 1 No-Action This alternative would have no effect on ESA-listed species or their designated critical habitat because dredging and disposal would not occur Alternative 2 Dredging and Disposal This alternative represents the recurring maintenance dredging program that has been underway at the Grays Harbor and Chehalis River Navigation Channel for many years. The effects of maintenance dredging and material placement will be intermittent and limited in physical effect and duration, and will result in largely maintaining existing conditions. Potential effects of maintenance dredging with clamshell or hopper dredges include entrainment, bucket strike, vessel collision, elevated noise, degraded water quality, and altered benthic habitat. Entrainment refers to the uptake of aquatic organisms by dredge equipment, as well as the transport of organisms by the downward motion of sediments during in-water disposal. Mechanical dredges entrain organisms that are captured within the clamshell bucket. Hopper dredges entrain organisms by suction. In-water disposal of sediments entrains organisms that are caught by the currents that are created within or very close alongside discharge plumes as they descend through the water column. There is little evidence of mechanical dredge (i.e., clamshell) entrainment, bucket strike, or direct collision of mobile organisms such as fish, sea turtles, and whales (NMFS 2018). The small size of the bucket, compared against the distribution of the organisms across the available habitat make this situation is very unlikely, and that likelihood decreases after the first few bucket cycles because mobile organisms are most likely to move away from the disturbance. Further, mechanical dredges move very slowly during dredging operations, with the barge typically staying in one location for many minutes to several hours, while the bucket is repeatedly lowered and raised within an area limited to the range of the crane arm. Mobile organisms such as fish, marine mammals, and sea turtles in the vicinity of the clamshell dredge at the start of the operation would likely swim away to avoid the noise and activity (NMFS 2018). The use of in-water work windows and location of dredging in deep water away from nearshore habitat further reduces the chances of entrainment. The risk of clamshell bucket strike, entrainment by clamshell dredge, and vessel collision is discountable due to the ability of mobile organisms to move away from the threat. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 37

43 Small fish such as eulachon and juvenile salmonids are typically vulnerable to entrainment by hopper dredge operation. Eulachon would be exposed to potential hopper dredge entrainment during their annual spawning migrations through the Grays Harbor and Chehalis River Navigation Channel in the late winter and early spring as they move between marine waters and their freshwater spawning habitats upstream of the estuary. Out-migration of larvae is expected to be complete by the end of June. Juvenile salmonids are typically found in the nearshore areas of Grays Harbor so entrainment in a dredge is extremely unlikely because the dredges operate offshore. Based on the overlap between the expected occurrence of returning adult and out-migrating larval eulachon with planned use of hopper dredging, low numbers of adult and larval eulachon are expected to be entrained and killed by the proposed dredging. Similarly, low numbers of adult and larval eulachon are expected to be entrained and killed by placement of dredged material at nearshore placement sites. A small number of adult and/or larval eulachon could be entrained and killed during the proposed hopper dredge operation and during inwater sediment disposal but the number of individuals that would be taken would comprise a very small percent of the cohort they represent and would therefore be an insignificant effect. Sub-adult and adult green sturgeon are highly mobile and known to make vertical migrations within the water column, but exhibit behaviors that increase their risk of entrainment. Adult and sub-adult southern green sturgeon would be exposed to a small risk of entrainment during the proposed dredging and in-water dredged material placement at Grays Harbor (NMFS 2018). The likelihood of entrainment increases with a fish s proximity to the dredge, the frequency of interactions, and the size of the fish. Sturgeon are benthic feeders that are most often found on or near the bottom while foraging or while moving within rivers and estuaries. They also tend to rest and feed in deep channels and pools during daylight hours. The highest concentrations of green sturgeon in Grays Harbor likely occur where the dredging would be done because the navigation channel provides the deepest waters in Grays Harbor, which would increase the risk of entrainment by exposing more sturgeon to the dredge. Entrainment of large sturgeon by suction dredging is relatively rare and has not been documented in Grays Harbor, although entrainment of sub-adult to adult sized sturgeon has been recently documented in similar dredging projects on the east coast. However, the likelihood of entrainment is influenced by the size and swimming stamina of the exposed fish (Boysen and Hoover 2009). The larvae and small sturgeon that are most vulnerable to entrainment typically remain in the estuaries of their natal streams and are not likely to occur in Grays Harbor. The sub-adult and adult green sturgeon that gather in Grays Harbor are likely to range between 2.5 and 8.5 feet (75 to 250 cm) in length (Moser et al. 2016), so the overall number of sturgeon that are likely to be entrained is very small due to their ability to maneuver away from the hopper dredge. Entrainment is likely a rare event for adult and sub-adult green sturgeon in Grays Harbor that would constitute a small portion of the overall population and would be an insignificant effect. In-water dredged material placement could cause entrainment; upland placement is not expected to entrain fish. The likelihood of injury or mortality would increase with an organism s proximity to the center of the discharge field where depth and weight of the sediments would be greatest. Fish that are below a discharge plume are likely to initially dive and then initiate horizontal evasion, or to simply move away if already on or near the bottom. The determining factor in avoiding entrainment will be whether the fish can swim fast enough to move out of the discharge field once the fish detects the Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 38

44 threat. The risk of entrainment would increase with proximity to the center of the plume and/or to the seafloor. A limited number of very small fish and larvae (e.g., juvenile salmonids or eulachon) directly under or immediately next to the plume may be entrained and killed, but compared to the total fish community and populations in Grays Harbor this would not be a measurable or significant effect. Dredge noise will be below thresholds of injury for ESA-listed fish and marine mammals (Section 3.6.2), which are likely to move out of the area and avoid injury, a short distance from dredging operations (approximately 600 feet). Section evaluates the effects of noise produced by dredging operations on marine mammals. The threshold for harassment for salmonids (150 db) is above the noise expected to be produced by dredging. Fish behavior studies have shown that fish will avoid the area of noise and resume normal behaviors just beyond range of harassment noise levels, indicating discountable levels of effect would be occurring near dredging operations (Hastings and Popper 2005). Elevated noise is not likely to cause detectable or significant effects to ESA-listed species. Exposure to water of degraded quality may harm ESA-listed fish species. Degraded water quality would occur temporarily through dredging and in-water disposal of sediments. Further discussion of effects to water quality are in Section 3.3. Generally, mechanical dredging could create more turbidity than hydraulic dredging because the mechanical buckets are not water tight and mobilize sediments across the full depth of the water column. The eulachon and salmonids that may be exposed to action-related suspended sediments would most likely be moving past the dredging sites. Therefore, the duration of their exposure to turbidity above background levels would likely be measured in minutes, and at most a low number of hours. Eulachon and salmonids would be briefly exposed to sediment concentration that are expected to elicit no more than low-level behavioral effects such as avoidance of the plume, and temporary minor physiological effects such as gill flaring (coughing), temporarily reduced feeding rates and success, and moderate levels of stress that would not affect the fitness of the exposed individuals. Although green sturgeon exposure to turbidity may exceed that of eulachon and salmon, their tolerance of relatively high levels of suspended sediments suggests that the exposure would not affect their fitness. Turbidity plumes from dredging and material placement are expected to be localized (within 600 feet downcurrent of the dredging operation) and short-lived, and the USACE will obtain a CWA Section 401 Water Quality Certification from Ecology and will implement water quality monitoring to ensure that the dredging and disposal activities are within the identified limits. The overwhelming majority of the sediments that would be dredged as part of this action are expected to be free of contamination, and the presence of any detectable turbidity or reduction in DO in the water column are expected to be so infrequent, localized, and short-lived, that any impacts that may occur in exposed individuals would cause no population-level effects (NMFS 2018). Alteration of benthic habitats may harm eulachon and the prey base of green sturgeon. Dredging and inwater disposal of sediments alters benthic habitats, and these effects are discussed in Section 3.7. Dredging generally reduces the abundance and alters the population structure of infaunal and epifaunal invertebrate organisms within the affected area and simplifies the character of the substrate. Maintenance dredging would continue the reduced abundance and altered population structures as compared to what would occur in the absence of dredging. Disposal of dredged sediments at the Grays Harbor in-water disposal sites will bury benthic organisms and could disrupt behavior of adult or juvenile Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 39

45 eulachon in the unlikely event that they are present. The small size of the affected areas as compared to the rest of the benthic habitat in Grays Harbor, combined with the high levels of water mixing, suggest that any reduction in the availability of planktonic prey for eulachon would be undetectable. Conversely, because the Grays Harbor navigation channels are the areas of the bay that green sturgeon are most likely to hold in during the day, and because those fish forage while holding in deep channels and pools, the reduced prey availability in the channels may cause fitness impacts such as reduced growth. However, because the size of the affected area is very small compared to the rest of Grays Harbor, the vast majority of green sturgeon forage habitat would be unaffected by the proposed action and dredging-related prey reduction is unlikely to injure or kill any green sturgeon. This indicates there would not be a significant impact for this aspect of eulachon and green sturgeon habitat. These potential effects are considered discountable due to the low likelihood of occurrence, lack of substantial change to prey resources, and limited affected area. The USACE has determined that effects to ESA-listed species would be minor and temporary, would not have an effect at the population level of any of the species, and would therefore not have a significant impact to marine ESA-listed species. For marine ESA-listed species and present critical habitat that are likely to be affected by the proposed action (green sturgeon and eulachon), the main concerns are exposure to entrainment, bucket strike, vessel collision, elevated noise, degraded water quality, and altered benthic habitat (NMFS 2018). Listed marine species would have to be very close to dredging activities to be potentially exposed to any of the stressors identified above, with the exception of elevated noise (about 600 feet; Section 3.6.2), and potential impacts through trophic webs. The probability of entrainment, bucket strike, and vessel collision is very low and any effects would be discountable when considered across the species population. Exposure to elevated noise and degraded water quality would be temporary and limited in scope, and organisms would be able to move away from the potential stressor. The altered benthic habitat constitutes a small percentage of the available benthic habitat of Grays Harbor and would not substantially change the prey resources that inhabit the previously disturbed navigation channel. Terrestrial species and bull trout are not expected to experience measurable effects from the proposed action due to the intermittent, temporary, and limited nature of the effects (USFWS 2015). Dredging methods, timing, and conservation methods will be used to avoid and minimize adverse impacts to ESA-listed species during maintenance dredging and dredged material placement. 3.9 Cultural Resources The USACE has coordinated its review of cultural resources impacts under Section 106 of the National Historic Preservation Act (NHPA). The USACE has determined the area of potential effect (APE) for both direct and indirect effects to be the Grays Harbor navigation channel and all dredging placement sites. A USACE staff archaeologist conducted a records search and literature review for the APE, including a records search of the archaeological and historic site records at the Washington State Department of Archaeology and Historic Preservation (DAHP) online database and a review of archival records available at the USACE, Seattle District. The literature review revealed that there are no historic properties located within the project APE. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 40

46 3.9.1 Alternative 1 No-Action The No-Action Alternative would have no effect to cultural resources Alternative 2 Dredging and Disposal Alternative 2 would have no effect on cultural resources. There are no cultural resources located within the APE and the USACE anticipates a finding of No Historic Properties Affected Indian Treaty Rights In addition to the Federal government s responsibilities under NHPA, the Federal government must consider the effects its actions may have on American Indian treaty rights. The Federal basis of a tribe s legal status rests within the context of U.S. Constitutional provisions for Federal government s powers for treaty making with other sovereign nations, and American Indian tribes inherent sovereignty. One of the treaty-reserved rights is the ability to conduct fishing activities at all Usual and Accustomed locations. Tribal fisheries are central to the cultural and economic existence of the Tribes and their members. Native American tribes that may be affected by the proposed action include the Quinault Indian Nation, the Chehalis Indian Tribe, the Quileute Nation, and the Hoh Tribe. Of these four tribes, only the Quinault Indian Nation has a reservation and federally adjudicated off-reservation hunting and gathering rights to locations within Grays Harbor. The other groups have reservations established by executive order, but they do not have the same off-reservation treaty rights to take fish at usual and accustomed locations within Grays Harbor. Grays Harbor is thus within the federally adjudicated usual and accustomed fishing area of the Quinault Indian Nation. Currently, the Quinault Indian Nation fishes for coho, chum, and Chinook salmon, steelhead, and white sturgeon. They harvest Dungeness crab in a pot fishery and tribal members are allotted a 50% fair share of the harvestable fish and crab in common with the other citizens within their usual and accustomed fishing areas under treaty agreement. The tribal crab fishery represents approximately $5.7 million dollars in ex-vessel value assuming $3.00 per pound Alternative 1 No-Action The No-Action Alternative would eventually reduce access and capability for Native American fishing to occur due to shoaling in the channel and loss of navigability to some portions of Grays Harbor Alternative 2 Dredging and Disposal Maintenance dredging would keep the channel open and navigable for fishing vessels to launch and access Grays Harbor, including access to Usual and Accustomed fishing and shellfishing locations. Thus, maintaining the project to authorized dimensions is important to the tribe because fishing is an important economic and cultural activity for the tribe. Dredging can occur in the inner harbor reaches from July 16 through February 14. The dredging schedule overlaps with the a portion of the tribal gillnetting season, which typically occurs in the later winter and early spring from late January to mid-april. Inner harbor dredging schedules are coordinated with the Quinault Indian Nation after the fishing season is identified by WDFW, usually in late May. Dredging in inner harbor reaches may be temporarily discontinued or relocated to reaches that are not being fished by Tribal fisherman during the height of gillnet fishing. Some gillnetters may be displaced by the location of the dredging barge in the navigation channel, but would be able to deploy their nets upstream or Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 41

47 downstream of the barge and continue fishing and only de minimis reductions in fishing efficiency would occur due to dredging activities. Loss of Dungeness crab due to the use of hopper dredges is a de minimis portion of the total population and is therefore has a discountable effect on crab (Section 3.14; USACE 2014). This alternative would not change access to Usual and Accustomed fishing, shell fishing, or collecting areas, nor would the proposed action reduce the abundance of any harvested species; therefore, effects are deemed insignificant Air Quality and Greenhouse Gas Emissions In accordance with the Clean Air Act (CAA), the EPA set National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to the environment and public health. The six principal pollutants, also known as criteria pollutants, are ozone, lead, particulate matter, carbon monoxide, nitrogen dioxide, and sulfur dioxide. The proposed project is located in Grays Harbor County, which is not a nonattainment or maintenance area for all six principal pollutants, meaning that all NAAQS are met. Air quality is generally good in the area around Grays Harbor. The Olympic Region Clean Air Agency monitors air quality along the Washington Coast in the project area. In 2013, the largest contributor of greenhouse gases in Washington was the transportation sector when fuel is used in cars, trucks, ships, trains, and planes (42.8%; Sandlin 2016). Significant point sources of air pollution in Grays Harbor County in 2016 were the Cosmopolis Pulp Mill and Grays Harbor Energy Center (EPA 2017a). Coastal winds disperse local emissions from residential and vehicular sources. The project area is in an attainment zone for all air quality parameters meaning that it meets NAAQS. The Air Quality Index reported for Grays Harbor County, Washington is rated as good with its range of on a scale of 0 being best and 500 being worst, based on EPA data for 1999 through 2009 (World Media Group 2018). Data were collected and averaged from stations in Aberdeen, WA at the east end of the navigation channel. Anthropogenic sources of greenhouse gases (primarily carbon dioxide, methane, and water vapor) have been increasing over the past 150 years, and have reached a rate of contribution that is causing climate change. The concern for Federal projects is the possibility of contribution of greenhouse gases to the atmosphere in such large quantities as to outweigh the benefit of executing the proposed action Alternative 1 No-Action The No-Action Alternative would have no effect on regional or local air quality and would have no output of greenhouse gases Alternative 2 Dredging and Disposal The dredge and the tugs necessary to move the dredge and barges are fossil fuel powered and thus contribute to air pollution. Construction activities associated with the proposal would create air emissions from operating equipment in each of the dredging episodes over the next 15 years. The EPA established threshold levels of pollutants of concern for nonattainment or maintenance areas; the Grays Harbor and Chehalis River Navigation Channel is not located in a nonattainment or maintenance area because air quality in Grays Harbor County does not have air quality worse than the NAAQS (EPA 2018). Furthermore, the EPA sets threshold levels for the requirement of a conformity determination for key Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 42

48 NAAQS pollutants in a nonattainment or maintenance area, but in addition to the proposed action not being located in a nonattainment or maintenance area, the thresholds do not apply to maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal will be at an approved disposal site which would result in an increase in emissions that is clearly de minimis (40 CFR (c)(2)). Based on Current Methodologies in Preparing Mobile Source Port-Related Emissions Inventories (EPA 2009), the estimated annual emissions from the operation of the dredges and associated support vessels are in Table 3-1. Table 3-2. Estimated emissions in metric tons per year for pollutants of concern using EPA (2009). Air Pollutant Estimated annual emissions in metric tons Nitrogen Oxide (NO x ) 212 Reactive Organic Gasses (ROGs) 9 Carbon Monoxide (CO) 87 Particulate Matter (PM10) 13 Sulfur Dioxide (SO 2 ) 28 Carbon Dioxide (CO 2 ) 14,830 Carbon Dioxide Equivalent (CO 2 e) 15,004 Nitrous Oxide (N 2 O) 0.4 Methane (CH 4) 2 The proposed action would not occur in a nonattainment or maintenance area. Portions of each dredging event will occur in the fall and winter months when the typical weather of wind and rain would be expected to disperse air pollutants. Emissions are not expected to cause adverse health effects or result in violation of applicable air quality standards, therefore, impacts will be inconsequential and result in no more than a de minimis increase in criteria pollutant emissions over no-action conditions. Operation of the dredge and associated support vessels would emit greenhouse gasses, primarily carbon dioxide and nitrous oxides from burning fossil fuels. In the annual dredging episodes, the roughly 300 days of work would emit an estimated 5,582 metric tons of carbon dioxide, and 80 metric tons of nitrous oxides. Annual maintenance dredging constitutes approximately 0.14% of the 4.07 million metric tons of CO 2 emissions produced in 2015 from fossil fuel combustion in the industrial sector in Washington (EPA 2017b), and when compared to the global emissions measured at nearly 7,000 million metric tons in 2014 (EPA 2016), the minor contribution of the proposed dredging would not constitute a measurable or significant effect among the impacts of climate change and sea level rise and is therefore not considered a significant impact Recreation and Scenic Values Recreation opportunities in the project area are primarily boating, surfing, beach walking, and fishing. Sport fishing is a popular activity in and around Grays Harbor. Fishers target salmon, tuna, halibut, crab, and shrimp. Additionally, anglers can fish off jetties and piers for rockfish, lingcod, and surf perch. Recreational boating includes canoeing, kayaking, and other recreational boating. Chartered fishing from Westport Marina and Ocean Shores Marina is available for tourists and locals. Recreational clam digging, Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 43

49 shrimping, and crabbing are popular activities along the beaches and close to shore. Surfing is common at the mouth of Grays Harbor at Westport, Ocean Shores, or Half Moon Bay. Wildlife viewing and bird watching opportunities are abundant in Grays Harbor. Chartered whale watching tours operate a few miles offshore in the spring for Pacific gray whales. A wide variety of bird species in the Grays Harbor National Wildlife Refuge, Bowerman Basin, the Oyhut Wildlife Recreation Area, Damon Point State Park, and surrounding areas attract bird watchers throughout the year, but especially during the Shorebird Festival in nearby Hoquiam, Washington. Several state and national parks and refuges provide abundant hiking trails and locations to observe and photograph wildlife and scenery. Scenic viewing is popular because noise and artificial lighting are minimal and are associated with cities and marinas such as Westport, Aberdeen, and Hoquiam Alternative 1 No-Action The No-Action Alternative would have no effect on recreation until shoaling makes navigation for pleasure craft in Grays Harbor difficult. This alternative would have no effect to the ability of the public to enjoy the popular scenic viewpoints of the region s waterfront and public beaches Alternative 2 Dredging and Disposal During the time when maintenance dredging would occur, there would be minimal effects to recreation since recreational boaters and fishers would be required to avoid the immediate area of the dredge and disposal barge for safety reasons, but that area is small compared to the entire surface area of Grays Harbor and the dredging and disposal would not prevent use of adjacent areas of the harbor and channel. Lights operating on the dredge would temporarily increase ambient lighting levels at night in the immediate vicinity of the dredge, but are not expected to adversely affect recreation or scenic views beyond the immediate vicinity of the dredge operation in this highly-trafficked area. In-air noise levels are expected to be minimal, limited in space and time, and somewhat masked by ambient noise in the project area due to typically high winds. Westhaven State park is located adjacent to the Half Moon Bay and South Beach disposal sites. Placement of clean sands at these sites will slow erosion in these areas, which is considered a beneficial effect. Dredging activities will be visible from the shore, and could be seen as an industrial interruption to the viewscape of Grays Harbor estuary. However, most of the eastern end of Grays Harbor is a built environment with the Port and urban development, in addition to other cities around Grays Harbor and the Westport Marina, so the presence of a dredge would not be a substantial degradation of the local aesthetics and would not be a permanent fixture. This alternative would maintain the current usage patterns regarding recreation, recreational vessels and fishing, clamming, and crabbing opportunities; therefore, effects would be insignificant. The placement of material upland at the Point Chehalis Revetment Extension Mitigation site would cause a slight decrease to the aesthetic value of this specific location while a dozer grades the sand uniformly over the site. However, this impact would be minor in spatial scale and temporary while the grading is performed. People walking along the beach might encounter the outfall pipe during material placement at the nearshore Half Moon Bay site, which would be a minor and temporary disruption of the natural characteristics of the beach. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 44

50 3.13 Socioeconomic Resources The project area is contained in Grays Harbor County, a 1,902.3 square mile area that includes Grays Harbor and nearby towns (e.g., Aberdeen, Hoquiam, and Cosmopolis). According to the 2010 U.S. Census, Grays Harbor County had a population of 72,797, with a gender distribution of 51.3% male and 48.7% female. In 2010, about 84.9% of residents were White, about 4.6% American Indian and Alaska Native, 1.1% Black or African American, 1.4% Asian, 0.3% Native Hawaiian and other Pacific Islander, 3.9% some other race, and 3.9% two or more races. Approximately 8.6% of residents identified as Hispanic or Latino. The median age in Grays Harbor County in 2010 was 41.9, compared to the national median age of The U.S. Census Bureau reported that 86.5% of people age 25 or over were high school graduates, compared to 90.2% statewide during The number holding a Bachelor s degree or higher were 15.0% compared to the statewide 32.3% (U.S. Census 2010). Main local employers include the Port of Grays Harbor, Stafford Creek prison, the Quinault Tribe casino and resort, Grays Harbor College (Aberdeen), Ocean Spray, and several lumber companies, seafood processers, and manufacturers. Bowerman Airport features a 5,000-foot runway that averages 38 flights per week. The Census reports that in 2016, 15.2% of the population was below the poverty level. The Stafford Creek prison employs close to 600 staff and the Port of Grays Harbor continues to expand, but in 2015 the government was the largest employer in the county. In 2010, there were 35,166 housing units in the community, of which 81.3% were occupied and 18.7% were vacant. Of the occupied housing units, 67.8% were owner occupied and 32.2% were renter occupied (U.S. Census 2010). Charter fishing and nearby beach destinations like Ocean Shores and Westport attract tourists. The Quinault rain forest offers outdoor recreation opportunities. Historical attractions highlight the area s timber, manufacturing, and industrial heritage Alternative 1 No-Action The No-Action Alternative poses a substantial risk to the socioeconomic well-being of the residents of Grays Harbor County because large ocean-going vessels would not be able to enter Grays Harbor to offload and load cargo. Eventually, small commercial and recreational watercraft movement around Grays Harbor may be limited. This would likely reduce the number of jobs available in the local area, reduce economic input by tourism, and could negatively impact the greater southwestern region of Washington Alternative 2 Dredging and Disposal The dredging project has important socioeconomic benefits for southwestern Washington and nearby towns. Maintaining the navigability of the channel would preserve the socioeconomics of the towns around Grays Harbor by maintaining access through Grays Harbor. Deep-draft ocean vessels would be able to continue using Grays Harbor for shipping goods to and from the West Coast. Providing beach stability to the Point Chehalis Revetment Extension Mitigation Site and sediment to the nearshore and longshore drift cells would also benefit the local economy by attracting visitors to local beach activities. The proposed continued maintenance dredging and material placement would not have a significant negative impact on the socioeconomics of southwestern Washington. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 45

51 3.14 Dungeness Crab Dungeness crab are found in nearshore and estuarine environments from California to Alaska. The expansive mudflats and dendritic tidal channels of Grays Harbor provide highly productive habitat for juvenile Dungeness crabs (Armstrong et al. 2003). Eelgrass beds and mudflats of Grays Harbor benefit the population by providing cover and rearing/foraging habitat to all life stages. The inner harbor reaches contain more mud and silt so they are not as suitable to rearing crabs as the sandier outer harbor reaches. While structured habitats of eelgrass and oyster cultures have been shown as critical for age 0+ Dungeness crabs (Dumbauld et al. 2000), unstructured littoral habitats are also important foraging areas for juvenile (1+ i.e., ages 1 to 2 years) and subadult (>1+ year class) Dungeness crabs (Holsman et al. 2006). These unstructured habitats, including mud and sandflats in the intertidal areas, may be the primary foraging areas and are, therefore, critical to crab production (Holsman et al. 2006). A large portion of the nearshore 1+ crab population migrates into the estuary in early summer, joining the resident 1+ population, and returns offshore in late summer or early fall. Crab age 1+ to 2+ typically migrate up to 12 miles at an average of miles a day from estuaries to the adjacent continental shelf before returning to the nearshore and estuaries to spawn (Armstrong et al. 2003; Rasmuson 2013). Male and female Dungeness crabs reach sexual maturity at about 2 years of age, although males may not breed until 3 years or older. Crab are of legal size for commercial harvest when their carapace width is 6.25 inches or greater, which generally equates to a crab that is about 3 years of age. The commercial Dungeness crab fishery is one of the most economically important fisheries in Washington State, valued at nearly $20 million annually (WDFW 2013a). If WDFW determines that the males have recovered from the fall molt then the season begins on December 1 (or when WDFW determines from shell-condition testing that the population is ready for harvest) and continues through September 15. The fishery is co-managed by WDFW and local tribes who have partitioned the Washington coast into eight distinct catch reporting areas (Figure 3-6). WDFW does not require sport fishermen to report landings of sport-caught Dungeness crab in Washington coastal waters; therefore, total landings of Dungeness crab caught in the Grays Harbor sport fishery are unknown. Washington, Oregon, and California ocean catch data indicates a cyclic pattern in landings with a periodicity of 9-10 years (Davis et al. 2017). Washington coastal non-treaty harvest Dungeness crab landing data back to 1950 shows a large fluctuation in harvest, ranging from a low of 2.5 million pounds in 1981 to a high of 20 million pounds in 2004/2005, and averaging at 12.7 million pounds from 1997 to 2017 (Table 3-2; WDFW 2017). Armstrong et al. (1981) found that crab abundances in Grays Harbor ranged from about 3 to 28 million crabs, depending on the season. Age 1+ population estimates for Grays Harbor ranged between 8 and 13 million crabs in 1983 and recently estimates suggest that age 1+ populations are in the 10 million range (Armstrong 2013). Large fluctuations in landings may not be a result of harvest patterns, but likely due to varying ocean conditions including water temperature, food availability, and ocean currents (Rasmuson 2013; WDFW 2013a). Environmental and density-dependent influences, the exact mechanism of which is not completely understood, may cause direct or indirect effects on Dungeness crab populations (Johnson et al. 1986; Higgins et al. 1997). For example, ocean acidification from climate change has been detected in the California Current System (CCS; Hauri et al. 2009; Hofmann et al. 2010), a major Pacific Ocean Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 46

52 current that moves from British Columbia to southern California. Calcifying benthic organisms, which constitute much of the prey base for Dungeness crab, can be vulnerable to the effects of low ph (Hauri et al. 2009; Hofmann et al. 2010; Marshall et al. 2017). Dungeness crab vulnerability to prey reduction was observed while modelling ocean acidification due to climate change (Marshall et al. 2017). Larval Dungeness crab transportation in the CCS is correlated with adult population size due to the role of the CCS in moving larvae close to suitable habitat (McConnaughey and Armstrong 1995; Shanks and Roegner 2007). The CCS undergoes a spring transition when spring winds generate coastal upwelling of deeper waters onto the continental shelf and towards shoreline habitat as compared to winter downwelling conditions (McConnaughey and Armstrong 1995; Shanks and Roegner 2007). The number of Dungeness crab larvae returning to shore was associated with shifts in the timing of the spring transition, which may be due to climate change, and explained > 90% of variation in the size of the 4- year old crab population over five years (Shanks and Roegner 2007). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 47

53 Figure 3-6. Commercial crab fishing catch reporting areas (WDFW 2018). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 48

54 Table 3-3. WDFW-Reported Non-Treaty Crab Landings (in pounds) by Season and Catch Reporting Area Catch Reporting Area Season Non-Treaty Total 59A1 59A2 60A1 60B 60A C 60D 1997/1998 7,550, ,630 1,051,965 1,351,568 57,811 3,276, , ,590 1, /1999 8,967,145 1,091,884 1,464,311 1,855,975 83,838 3,879, , ,029 8, / ,022,288 2,555,395 2,306,756 3,485,396 95,793 6,185, , , /2001 8,104, , ,346 2,540, ,831 3,470, , ,744 8, / ,345, , ,742 2,697,177 65,639 5,512,243 1,194, , / ,347,949 1,439,123 2,582,791 6,834, ,383 6,997,527 1,317,504 1,035, / ,374, ,677 3,073,340 3,297, ,743 8,269,734 1,304, ,165 1, / ,427,669 1,167,167 5,329,217 5,250, ,697 6,588, , , / ,342,919 2,146,815 3,052,461 2,349,790 65,232 5,051,349 1,157, , / ,606,166 1,215,429 1,760,968 2,453,677 46,537 4,610, , ,934 2, / ,204, ,052 2,032,167 2,612,727 45,758 4,868,019 1,214, , /2009 8,298, , ,945 1,692,974 64,834 4,181,107 1,202, ,539 13, / ,989, ,551 1,005,927 2,690,311 79,621 6,246,590 2,097, , / ,731, , ,003 3,851, ,546 8,216,717 1,654,693 1,189,981 24, /2012 8,617,136 82, ,223 1,682,851 86,946 4,491,443 1,215, , /2014 9,468,301 10,724 63,765 1,257,476 9,247 6,046,772 1,648, ,878 * 2014/2015 7,483,203 41, , ,799 30,320 4,658,134 1,289, ,600 * 2015/ ,088,029 7,595 80,237 1,751,754 45,145 7,842,743 1,953, ,882 * 2016/ ,448, , ,247 3,136, ,785 9,051,367 2,126, ,764 * Average 12,653, ,712 1,437,918 2,721,381 91,142 5,760,230 1,246, ,405 6,890 Preliminary data through September 15, 2017 from WDFW *Catch area 60A2 includes catch area 60D for Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 49

55 The Dungeness crab fishery is co-managed by WDFW and four coastal treaty tribes: the Quinault Indian Nation, Hoh Tribe, Makah Tribe, and Quileute Tribe. The Quinault Indian Nation is the only treaty tribe with usual and accustomed fishing grounds in Grays Harbor, where they can harvest up to 50% of the harvestable shellfish. During the 2013 season, tribal vessels landed 3.7 million pounds of crab from Grays Harbor and the catch reporting areas immediately adjacent to Grays Harbor. A 15-year average of 1.9 million pounds of crab were landed by the Quinault Indian Nation for the 1997/1998 through 2013 seasons (Table 3-3). Table 3-4. Quinault Indian Nation Dungeness Crab Fishery Harvests (pounds) Catch Reporting Area Season Quinault Treaty Total (lbs) 59A2 60A1 60B 1997/ ,240 11, ,184 31, / , ,718 10, / , ,597 11, / ,842 5, ,714 9, / ,567 33, ,878 9, /2003 1,734,324 1,717,481 16, /2004 1,430,762 1,430, /2005 2,809, ,957 2,217,863 4, /2006 2,596, ,530 1,957,165 1, /2007 2,126,599 1,263, ,357 2, /2008 2,608,757 1,112,058 1,485,613 11, /2009 1,813, ,500 1,347, /2010 3,246, ,705 2,277,292 7, /2011 4,142,919 1,439,325 2,703, /2012 1,978, ,786 1,549, ,694,925 Average 1,935, ,302 1,347,564 7,755 Years from USACE harvest from QDFi Database 2015; IEc 2014, as cited in Resource Dimensions Dungeness Crab Mitigation Prior to the deepening of the navigation channel in 1990, numerous research projects were funded by the Corps to better define and understand the Grays Harbor Dungeness crab population dynamics and dredge impacts. Using the best available science at the time, the University of Washington School of Fisheries developed the Dredge Impact Model (DIM) (Armstrong et al. 1987). This model integrated crab population data on age, season, and location with dredging gear type, volume dredged, and dredging season and location. An entrainment function was empirically derived from data on dredge-specific crab entrainment and resulting mortality. Projected crab losses of all ages were then adjusted for natural mortality to yield an equivalent adult loss to the fishery (unfished female losses were set equal to commercial sized males). The Corps has used this model to select dredge gear type and seasons for dredging at specific locations in such a way as to minimize crab losses. Remaining unavoidable losses of crabs from the 1990 deepening were then mitigated by placement of intertidal oyster shell beds to Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 50

56 provide new refuge habitat for age 0+ crabs. The number of 0+ crabs required for replacement of an adult crab was determined using the best data available at the time to calculate natural mortality rates. The crab mitigation program (USACE 1989) was based on several years of research in Grays Harbor. It was not, however, based on actual dredging or previous full scale mitigation experience for Dungeness crab. In the several years after project construction it was determined that assumptions basic to the original mitigation calculations were incorrect, costs of oyster shell rose significantly, and demand for sediment for beneficial uses altered maintenance practices. These factors contributed to a deficit in the crab mitigation program, with crab impacts rising higher than expected and crab replacement falling behind. To address these disparities, representatives from the EPA, NMFS USACE, USFWS, Quinault Indian Nation, Ecology, and WDFW convened a Crab Mitigation Work Group to evaluate the overall mitigation program. The resulting strategy refined avoidance and mitigation methods in light of several years of biological monitoring, shell placement, and dredging experience. The strategy emphasizes maximizing impact avoidance by limiting dredging within the inner harbor reaches (including Inner Crossover Reach and inward) to clamshell only (the USACE later added the Outer Crossover reach to areas available for clamshell dredging), and established work windows for each section to avoid periods of high crab abundance. The agreement limits dredging to only the minimal amount necessary for navigation needs, regardless of government hopper dredge schedules. The agreement established credit for method avoidance (use of clamshell with lower entrainment and mortality over a hopper dredge in the Crossover and South Reaches) and concluded that any changes in dredging equipment that avoid crab in the incremental portion (deepened portion) also avoids large numbers of crabs usually lost to nonincremental (maintenance) dredging. Crabs saved in the non-incremental volumes by use of clamshell dredge in Crossover and South reaches would constitute a credit against historic and present impacts. Shell was last placed in 2006 and the juvenile crab population was last monitored in Since 1990 there has been an estimated cumulative increase of 16,609 adult crabs as of 2013 (USACE 2014). For future impacts arising from maintenance dredging the USACE would evaluate appropriate mitigation measures for cost-effectiveness and efficacy, and would re-evaluate its mitigation actions as necessary. This will allow the application of the most current science and information available to determine the most appropriate strategy to address crab impacts of the proposed action in Grays Harbor if necessary Alternative 1 No-Action There would be a minor beneficial, but ultimately discountable, effect to Dungeness crab because without dredging and disposal there would be no human-induced mortality, over and above natural and fishing mortalities, that would result from entrainment of juvenile and adult Dungeness crabs Alternative 2 Dredging and Disposal Direct impacts due to dredging can cause mortality in crab and vary by the type of equipment used. Clamshell dredges result in much lower mortality than suction dredges (Reine and Clark 1998). Dredging impacts in Grays Harbor evaluated by Stevens (1981) found that the numbers of crabs entrained depended on dredge type; hopper and pipeline entrained approximately 0.2. to 0.25 crab per cubic yard dredged, while clamshell dredge entrained 95% less. A crab entrained by a dredge is not necessarily Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 51

57 killed, and mortality rates depend on dredge type, disposal methodology, crab size, and softness of crab shell as related to molting (Armstrong et al. 1987; Stevens (1981). Estimated immediate and delayed mortality for hopper dredges were 56% to 73%, and 10% for clamshell, while mortality for pipeline was 100%. Dredging entrainment and associated mortalities were evaluated by Dinnel et al. (1986), Dumbauld et al. (1988), Wainwright et al. (1990), and Armstrong et al. (1991). This work included sideby-side assessments of the number of crabs entrained by a USACE hopper dredge and the number of crabs caught during trawling alongside the hopper dredge. These direct comparisons eventually led to a substantial number of entrainment estimates that could be expressed as percentages of crabs present in the dredged channels (McGraw et al. 1988). A key element in the process to estimate loss of Dungeness crabs caused by dredging was the development of the University of Washington Dredge Impact Model (DIM; Armstrong et al. 1987). This model attempted to integrate relevant crab population data (age, season, location) with dredging gear type (hopper, clamshell, pipeline), volume dredged (cubic yards), dredging season (spring, summer, or fall), and location (channel reach). An entrainment function was calculated from data on dredge-specific crab entrainment and resulting mortality. Projected crab losses of all ages were then adjusted for natural mortality to yield an equivalent adult loss (normalized at age 2+ crabs) to the fishery (unfished females were set equal to males). The USACE used this model to select dredge gear type, location, and season in such a way as to minimize crab losses. A similar analysis of impacts to Dungeness crab due to deepening and maintenance dredging the mouth of the Columbia River was done in 2003 by the USACE Portland District (USACE 2003). A modified DIM using observed dredge entrainment rates was used to estimate a highest annual loss to the fishery of 8,953 crabs from maintenance dredging (USACE 2003). The loss of Dungeness crab was compared to the total annual average harvest of 5.3 million crabs in the Columbia River region , which included Washington catch areas 60A-2, 61, and 60D (catch area 60A was divided into 60A-1 and 60A-2 in 1998) and Astoria, Oregon, and the loss was 0.2% of the fishery. The Columbia River deepening and maintenance dredging was determined to have an insignificant effect on population structure or dynamics (USACE 2003). Dungeness crab losses were predicted using the DIM for the deepening and maintenance of the Grays Harbor navigation channel to -38 feet MLLW, the current authorized depth for many of the reaches (USACE 2014). The loss estimates with the worst case scenario of hopper dredging the Outer Crossover Reach were minimal and show little impact to harvestable size crabs (age 2+). The use of a clamshell dredge in the Outer Crossover Reach would produce even less entrainment and less impact to Dungeness crab (USACE 2013). An analogous scenario to maintenance dredging to -38 feet MLLW is maintenance dredging to -36 feet MLLW and then deepening of the channel by two feet to -38 feet MLLW in the same year; the overall crab impacts for a dredge year such as this are 3,087 total age 2+ crab impacted before the credit of +7,639 crab is included. This is equivalent to approximately 6,112 pounds of harvestable crab if each crab is assumed to weigh an average individual weight of 0.9 kg (1.98 pounds; Wainwright 1992) at harvest. If the Outer Crossover Reach is clamshell dredged then 216 crabs (475 pounds) would be impacted and the credit would be +12,509 crabs in the construction year. The USACE expects to use the clamshell dredge as much as practicable in the Outer Crossover Reach. As was done for Columbia River dredging impacts, when the number of crabs lost are compared to the average annual commercial harvest of 2.8 million pounds (catch areas 60A-1 and 60B), maintenance dredging Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 52

58 results in an approximately 0.2% to.01% loss to the fishery, respectively. Therefore, the USACE has determined that no mitigation (e.g., shell placement) is necessary for maintenance dredging Concerns about potential impacts on Dungeness crabs from dredged material placement operations during the project include entrainment from material placement, contaminated sediment, and direct effects on crab fishing. Entrainment from material placement is expected to be minimal and transient. Material placement sites and dredge placement operations have been designed through location and timing to avoid areas of high crab densities that were identified during ocean surveys. Dredging is scheduled to avoid times when large numbers of crabs would be present at both the dredge sites and the material placement sites. The Point Chehalis open-water site is the most heavily used placement site in Grays Harbor. For the inner harbor reaches, material is typically deposited at the South Jetty or Point Chehalis sites, while for the outer harbor reaches, Half Moon Bay nearshore site, Point Chehalis Revetment Extension Mitigation site, South Beach nearshore site, and the Point Chehalis site are primarily utilized. Inner harbor reaches are dredged and material is placed from July 16 to February 14, and the outer hopper dredged channel material is placed primarily from April to May. Any crabs present would be expected to easily escape from or avoid the material placement sites during disposal activities, and crabs would be expected to recolonize the area within a relatively short period. In addition, the Corps routinely surveyed the Half Moon Bay nearshore placement site prior to placement activities for several years to ensure that placement did not occur if crab densities exceeded WDFW guidance (crab densities less than 750 per hectare, less than 25% of crab 100 millimeters or larger are soft shelled, and if a large increase in juvenile crab is encountered or any species of rockfish, flatfish, or lingcod is unusually abundant). The parameters to warrant deferment of material placement at Half Moon Bay have never been met and the surveys were discontinued. Sediment characterization indicates the dredged material is suitable for open-water disposal. Public notices to the local crab fishers are distributed prior to dredging events to avoid impacts to crab fishing. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crabs and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014), the USACE anticipates loss of some crab, but not enough for a measurable or significant impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 4 Cumulative Effects Analysis The NEPA defines cumulative effects as the impact on the environment that results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-federal) or person undertakes such other actions (40 CFR ). Grays Harbor has endured significant hydrological modifications to support a navigation channel that allows safe transit from the Pacific Ocean to the mouth of the Chehalis River. Past construction actions in the project area include initial construction of the navigation channel in 1896 with a channel across the bar and construction of a single jetty at Point Chehalis. Dredging of the bar channel began in 1910, Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 53

59 which continues to the present and includes the remainder of the navigation channel. Additional project features include the North Jetty, the South Jetty, and Point Chehalis revetment. As part of routine operations and maintenance, the navigation channel reaches are maintained to their authorized depths. Actions undertaken to repair navigation features include the following: : South Jetty construction of rock dumped from a railroad trestle onto a 3-foot woven brush mattress foundation : North Jetty construction : Inner Harbor channel improvement between the Bar and Aberdeen reaches : Outer harbor channel improvement. Dredging of the outer bar removed about 22 million cubic yards of sediment to maintain a minimum depth of at least 28 feet. 1929: The Port of Grays Harbor constructed a harbor at Westhaven Cove by enlarging a naturally formed cove on Point Chehalis : South Jetty reconstructed to an elevation of +20 feet MLLW after subsiding to elevations from -10 to +6 feet MLLW : North Jetty reconstruction to +20 feet MLLW : Point Chehalis and Westhaven Cove construction with seven groins, three timber pile breakwaters, and a 2,880-foot rock revetment along the north and west shoreline to stabilize the shoreline and secure the boat basin in Westhaven Cove. 1954: Inner Harbor channel improvement to provide a channel from the Port of Grays Harbor Terminal 1 upstream to Cow Point, a channel to Aberdeen, and a turning basin at Cosmopolis. 1966: South Jetty rehabilitation. Approximately 600,000 tons of new rock were placed to rehabilitate 4,000 feet of destroyed jetty. 1976: North Jetty rehabilitation. Significant littoral transport over the North Jetty was impacting dredging of the navigation channel. Approximately 200,000 tons of new rock was placed to rehabilitate the outer 6,000 feet of the jetty. 1976: South Reach (Sand Island) Channel Realignment. Sediment that entered Grays Harbor before the 1976 North Jetty rehabilitation resulted in accretion in the Sand Island Reach of the navigation channel, which had historically followed the thalweg adjacent to Sand Island to the inner harbor. To minimize effects to maintenance dredging costs, the USACE realigned a 4.5 mile section about 1 mile south by removing approximately 3 million CY : Navigation Improvement Project to deepen and widen the channel. Because of a decline in the timber industry in the early 1990s, plans for the deeper and wider channel were reduced: the deepening of Aberdeen Reach to -36 feet MLLW only went upstream to Station , South Aberdeen Reach was most recently dredged to only -32 feet MLLW in 1999 instead of to -36 feet MLLW, and the Elliott Slough Turning Basin still maintains a 550 foot width rather than 750 feet. 1994: Breach fill due to erosion at South Beach that eventually formed a channel that connected the Pacific Ocean to Half Moon Bay. The channel was filled with 600,000 CY of dredged material : Point Chehalis Revetment Extension was extended 1,900 feet south along Half Moon Bay to minimize chances of a breach. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 54

60 : The landward 3,300 feet of the South Jetty was rehabilitated due to damage along the jetty crest that allowed waves and tidal currents through : The seaward reach of the North Jetty had lowered to +14 feet MLLW since 1976 and the stability of the jetty was threatened due to overtopping. 5,000 feet was rehabilitated to +23 feet MLLW and a 30-foot rock blanket (splash apron) was constructed north of the jetty crest to prevent scour : Based on the Limited Re-evaluation Report for the Navigation Improvement Project (USACE 2014), specific channels were deepened to the authorized depth of -38 feet MLLW. Construction and repair of navigation features described above and other anthropogenic activities is linked to a loss of about 14,579 acres of estuarine habitat, or about 30% of the historic estuary (Smith and Wenger 2001). Wetlands were filled to build the cities of Aberdeen and Hoquiam, diking is present along several rivers, and the use of the intertidal zone for activities associated with log processing and lumber mills have contributed to habitat loss (Smith and Wenger 2001; USACE 2014). The Grays Harbor shoreline has been modified by shoreline armoring (riprap), dikes, and development (Figure 4-1; Sandell et al. 2015). Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 55

61 Figure 4-1. Grays Harbor shoreline modifications mapped for future salmon habitat restoration project prioritization (Sandell et al. 2014). The only near-term USACE action anticipated to occur at the Grays Harbor and Chehalis River Navigation Channel project site includes potential repair and maintenance of the jetties, breakwaters, revetments, and other project features to authorized dimensions, and continued maintenance dredging of up to 4.4 million CY annually. The navigation channel consists of about 940 acres disturbed by maintenance dredging, and an additional 697 acres for dredged material placement (USACE 2011b). This is equivalent to approximately 2.2% of the approximate 74,000 acres of Grays Harbor estuary. The Seattle District USACE has been conducting a study, the Grays Harbor Long Term Management Study (LTMS), to identify a technically feasible, cost-effective, environmentally acceptable, and publicly acceptable solution that minimizes risk to operation and maintenance over the next 50 years of all aspects of the Grays Harbor and Chehalis River Navigation project. The LTMS evaluates the implications of the persistent loss of sediment from the Grays Harbor entrance (including North Beach and South Beach), which is expected to continue indefinitely. Without intervention, shoreline erosion near the South Jetty would eventually breach the landmass adjacent to the jetty. Four alternatives were screened through the LTMS Multi-Criteria Decision Analysis process. The USACE has conducted interim actions since 1993 when the area of land between the South Jetty and Half Moon Bay was breached. The USACE s current, interim practice pending completion of the LTMS is based on two pre-designed triggering criteria and includes contingent placement of sand to avert undue risk of a breach in the spit of land adjoining the South Jetty, as is further discussed below. Preparation of a separate NEPA document would occur simultaneously with formulation of a recommended plan. Until an LTMS is comprehensively evaluated and a preferred alternative implemented, the USACE will continue to monitor the vicinity of the South Jetty and, in order to preserve the status quo, place material in strategically selected areas of the breach fill area on the spit adjoining the South Jetty, as needed to protect against undue risk of a breach recurring in the vicinity of the South Jetty due to continued erosion. Periodic mechanical rehandling of material from the Half Moon Bay direct upland beach nourishment site or other appropriate upland sources may occur as part of this interim measure if survey data indicate the need for such action. Annual surveys of the navigation channel have shown that the center of the harbor entrance is deepening and may reach the authorized depth of the Federal navigation channel. This natural deepening may present an opportunity to realign the current channel and reduce the amount of maintenance dredging. A test dredge was completed in May This dredge removed a sand wave with the intent of promoting scour downstream to determine whether a channel realignment was feasible. The USACE monitored this site in the following years and determined that the sand wave reformed. The USACE determined that a realigned channel would not naturally be maintained. The USACE continues to survey the depth and study the formation of contours in this reach. Besides the maintenance dredging of the navigation channel, other activities are likely to occur in Grays Harbor. The Port of Grays Harbor conducts maintenance dredging of their marine terminal facilities adjacent to the Federal navigation channel, and recently explored terminal expansion for bulk liquid Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 56

62 storage facilities. Expanded facilities to handle crude oil were examined but ultimately withdrawn from consideration. Other anticipated future actions are new residential and commercial development, expansion of agriculture, and local programs and activities such as the Chehalis Basin Strategy. The Chehalis Basin Strategy is a program to manage flood damage and river habitat on a basin-wide scale and includes several projects at the east end of Grays Harbor (Figure 4-2), but a comprehensive plan is being developed for implementation by the State of Washington and local stakeholders (Ecology 2016). Figure 4-2. Chehalis Basin Strategy projects near Grays Harbor estuary as of January Dredging quantities of the past 25 years appear in Figure 4-3. The average quantity dredged is 1,810,693 CY and the greatest amount dredged in this period occurred in 2004 when 2,675,103 CY were removed. The USACE has analyzed impacts of dredging an average of 3,700,000 CY annually; the maximum volume is 4,400,000 CY. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 57

63 3,000,000 2,500,000 Quantity (cubic yards) 2,000,000 1,500,000 1,000, , Year of Dredging Figure 4-3. Quantities dredged from the Grays Harbor and Chehalis River Navigation Channel by year for the past 18 years. Source: USACE 2014 and updated for years from DMMP Biennial Reports (DMMP 2013, 2015b, 2017). The proposed episodes of maintenance dredging and placement would cause a temporary effect to biological functions and minor, temporary loss of benthic invertebrates, but would maintain authorized depths. In consideration of past developments still in existence in the Grays Harbor estuary, and the limited amount of anticipated future alterations within the estuary itself, the proposed routine maintenance of the Federal navigation channel with associated placement sites is not a significant addition to cumulative impacts in Grays Harbor and the Chehalis River. Placement of dredged material at the nearshore zone placement sites is a countervailing effect to the impacts of constructing jetties at the mouth of Grays Harbor. The short-term disruption of dredging is outweighed by the assumed longterm benefit of providing material to the jetties to help reinforce against erosive forces and avoiding further introduction of non-native rock material into the natural beach environment, as well as provide material for the nearshore littoral and longshore drift cell. The USACE therefore concludes that there would be no significant contribution to cumulative effects associated with the proposed maintenance dredging and placement actions. 5 Mitigation and Monitoring for Adverse Environmental Effects No compensatory mitigation is proposed for this action as no loss of wetlands, no substantial adverse effects to ESA-listed species, and no significant impacts to commercially important species or protected marine mammals are anticipated to occur based on the analyses in this document. The Corps will implement several avoidance and minimization measures to ensure impacts are no greater than minimal, short-term effects. These measures appear below: Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 58

64 1. The USACE will use a clamshell (mechanical) dredge whenever possible to minimize the possibility of entraining or otherwise harming aquatic organisms, including fish, shrimp, crabs, and ESA listed species. 2. The clamshell dredging operation will be conducted in a manner that minimizes spillage of excess sediments from the dredge bucket and transport barge to minimize effects to water quality. 3. The USACE will conduct dredging operations during the prescribed work window. If this cannot be done due to extenuating circumstances, then the USACE will notify the Services and reconsult if necessary. 4. Maintenance dredging will be conducted based on the results of site specific hydrographic condition surveys conducted for the year of dredging. 5. Dredge operators will use best available technologies to ensure that dredging and/or disposal activities are confined to areas within the current official boundaries of the federal channels and in-water disposal sites. 6. Dredge operators will limit the dredge prism and the volume of removed sediment to the minimum area necessary to achieve project goals. 7. Per the 2018 BiOp, dredge operators will maintain and submit dredging logs to verify that all incidental take indicators are monitored and reported. The logs will include: (1) Type of dredging vessel (mechanical or hopper); (2) Vessel positon relative to the channel while dredging, or certification that dredging was within the establish channel, and the methods used to confirm vessel location; (3) Volumes of sediment removed/disposed; (4) Extent of turbidity plumes, and compliance with the WQMP; and (5) All incidents of observed entrainment of listed species. These logs will be submitted to USACE to be forwarded to NMFS.The USACE will obtain suitability determinations of the sediment following DMMP protocols for sediment disposal and beneficial use. 8. Material determined unsuitable for open water disposal will be disposed at an approved upland site. 9. Large wood material with or without root wad is typically visible during surveys and can be avoided during dredging so that it remains in the water. 10. Barges used to transport the dredged material to the disposal or transfer sites will not be filled beyond their capacity so that they will completely contain the dredged material. 11. The USACE will require barge operators to maintain the seals on the bottom dump barges to minimize loss of sediment during transport. 12. The bottom dump barge will be equipped with an electronic monitoring system that records the barge s location and operations when in transport and during disposal. 13. The USACE will coordinate with the Quinault Indian Tribe which has usual and accustomed fishing rights in the project area. 14. The USACE will coordinate with WRIA groups, per the Salmon Habitat Recovery Plan and other local restoration/stewardship groups, to identify individual and long term opportunities for beneficial use of dredged material If killer whales approach active tugs towing barges, the tug will continue under power and at a safe speed to maintain safe control of the tug and barge(s). The USACE acknowledges the 2011 Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 59

65 expansion of the required vessel separation zone around killer whales (76 FR 20870). Contract terms will define whether a hired vessel is considered Federal or not, but in general, a tug with tow is considered limited in its maneuverability. 16. Bottom dump barges will not dump when killer whales are nearby; this is to eliminate the possibility of the material hitting a killer whale as it descends through the water column. 17. Hopper dredge dragheads shall not exceed three feet above the substrate with pumps running more than three times per eight hours of dredging. 18. Once the material has been removed, the material will not be dumped back into the water, except into a disposal or beneficial use site. 19. A draft water quality monitoring plan has been developed that will be consistent with the conditions and adheres to applicable criteria issued in the water quality certification from Ecology associated with disposal of dredged material into the waters of the U.S., as well as the water quality criteria and water quality monitoring plan issued in the Appendix 2 NMFS Biological Opinions. The dredge operator will adhere to the methods and criteria in the water quality monitoring plan. 20. All criteria and conditions in the water quality certification from Ecology will be adhered to. These may include, but are not limited to: Monitoring of turbidity at a 600-foot area of mixing. Dredging in a manner that minimizes disturbance or siltation of adjacent waters and prevents accidental discharge of substances into water of the State. No stockpiling of material below the ordinary high water line. A boat will be available to retrieve debris from the water. Caution will be used when placing material from a clamshell bucket into a barge to limit splash and prevent spillage. The dredge operator will pause the bucket at the surface, after its ascent through the water column, to minimize turbidity by allowing free water to drain from the bucket prior to swinging the bucket to the bottom dump scow. All debris greater than 12 inches in diameter will be removed from the dredge sediment prior to placement at the disposal site. Fuel hoses, oil drums, oil and fuel transfer valves and fitting, etc., will be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters. 6 Coordination The USACE has coordinated with Federal and state agencies and tribes regarding maintenance dredging of the Grays Harbor and Chehalis River Federal Navigation Channel. Coordination would continue through the period of proposed maintenance dredging through 2033 to notify regulatory agencies, stakeholders, and adapt to changing conditions. During the development of this draft EA, the USACE consulted and coordinated with the following entities and agencies: Environmental Protection Agency National Marine Fisheries Service Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 60

66 U.S. Fish and Wildlife Service Chehalis Indian Tribe Hoh Tribe Quileute Indian Tribe Quinault Indian Nation Washington Department of Ecology Washington Department of Natural Resources 7 Environmental Compliance The USACE has analyzed the environmental effects of the alternatives and the following sections describe how the preferred alternative complies with all pertinent environmental laws and executive orders. 7.1 National Environmental Policy Act The National Environmental Policy Act (NEPA) (42 U.S.C et seq.) commits Federal agencies to considering, documenting, and publicly disclosing the environmental effects of their actions and to solicit public comment on the proposal. As required by NEPA, this draft EA describes existing environmental conditions in the project area, the proposed action and alternatives, potential environmental effects of the proposed project, and measures to minimize environmental effects. Alternative 2 is the agency preferred alternative. The USACE is circulating the Draft EA and Draft FONSI for a 30-day public comment period per NEPA requirement. All comments received during the public comment period will be considered and addressed in the Final EA, which will be published on the USACE website. 7.2 Endangered Species Act The Endangered Species Act (16 U.S.C ), Section 7(a) requires that Federal agencies consult with NMFS and USFWS, as appropriate, to ensure that proposed actions are not likely to jeopardize the continued existence of endangered or threatened species or adversely modify or destroy their critical habitats. The USACE determined that the proposed maintenance dredging and dredged material placement at nearshore and upland sites may affect, but is not likely to adversely affect any ESA-listed species or designated critical habitat and prepared documentation of this determination (USACE 2016). The USFWS agreed with this determination and the USACE received a letter of concurrence May 24, NMFS agreed that the proposed action is not likely to adversely affect most ESA-listed species or designated critical habitat; however, NMFS concluded that Southern green sturgeon and their critical habitat and Southern eulachon are likely to be adversely affected in Grays Harbor and the USACE received a biological opinion January 26, 2018 (NMFS 2018). The USACE determined the proposed dredged material placement at the multiuser open-water sites is not likely to adversely affect any ESA-listed species or designated habitat and prepared documentation of this determination (USACE 2015). The USFWS provided a letter of concurrence July 28, 2015 (USFWS 2015) and NMFS provided a biological opinion for adverse effects to rockfish in the Puget Sound/Georgia Basin December 17, 2015 (NMFS 2015). NMFS required the USACE to implement Reasonable and Prudent Measures (RPMs) in the Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 61

67 biological opinion by following terms and conditions to minimize the level of take associated with the proposed action for these species. The USACE has incorporated the RPMs into the Mitigation and Monitoring section of the draft EA for disposal of dredged material. The USACE will comply with the reasonable and prudent measures of the biological opinions to avoid and minimize adverse impacts to ESA-listed species during maintenance dredging and dredged material placement. These include to minimize incidental take from dredging and in-water sediment disposal, minimize the exposure of listed fish to contaminants and reduced DO, and to implement monitoring and reporting to confirm that the take exemption for the proposed action is not exceeded. An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in Marine Mammal Protection Act The Marine Mammal Protection Act (MMPA) of 1972 (16 U.S.C ) restricts harassment of marine mammals and requires interagency consultation in conjunction with the ESA consultation for Federal activities. All marine mammals are protected under the MMPA regardless of whether they are endangered, threatened, or depleted. The most common marine mammal species that have been observed in the action area include humpback whale, gray whale, harbor seal, California sea lion, and harbor porpoise. Killer whales and Steller sea lions are seen infrequently near Grays Harbor. The primary concern for marine mammals in dredging projects is underwater noise from construction. The effects of dredging on marine mammals are not expected to rise to the level of take (78 FR 30875, 78 FR 4541). NMFS does not require incidental harassment authorization with regard to dredging operations (Reine and Dickerson 2014). The USACE has compared the estimated noise from dredging and the guidance on assessing impacts and concluded that there is no requirement for an Incidental Harassment Authorization (see section 3.6 for analysis). 7.4 Magnuson-Stevens Fishery Conservation and Management Act The Magnuson-Stevens Fishery Conservation and Management Act (MSA), (16 U.S.C et. seq.) requires Federal agencies to consult with NMFS on activities that may adversely affect Essential Fish Habitat (EFH). The objective of an EFH assessment is to determine whether the proposed action(s) may adversely affect designated EFH for relevant commercial, federally managed fisheries species within the proposed action area. The assessment must describe conservation measures proposed to avoid, minimize, or otherwise offset potential adverse effects to designated EFH resulting from the proposed action. The USACE determined that maintenance dredging of the Federal navigation channel and disposal at the nearshore and upland placement sites in Grays Harbor may adversely affect EFH, because removal or Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 62

68 open water disposal of dredged material would constitute a detectable effect to EFH (USACE 2017). NMFS concurred with this determination and provided EFH conservation recommendations that would minimize and/or avoid adverse effects on EFH for Pacific Coast Salmon, Pacific Coast Groundfish, and Coastal Pelagic Species (NMFS 2018). The USACE provided a detailed response to NMFS within 30 days as required by section 3.5(b)(4)(B) of the MSA that agreed with all conservation recommendations, except to return all woody debris to the waterway; NMFS informally concurred with this response. Standard practice is to dredge around large logs with or without root wad so that they remain in the water. Other woody debris is typically small fragments of trees, bushes, or scrap lumber, and not of the quality to be beneficially used. If this woody debris is larger than 12-inches in any dimension, it is separated from the dredged material and disposed of at an appropriate disposal facility. The USACE determined that use of the multiuser open-water placement sites (Point Chehalis and South Jetty) for dredged material disposal may adversely affect EFH (USACE 2015) and received concurrence from NMFS December 17, 2015 (NMFS 2015). The USACE provided a detailed response to NMFS within 30 days as required by section 3.5(b)(4)(B) of the MSA. 7.5 Clean Water Act The Clean Water Act (33 U.S.C et seq.) establishes a Federal policy of protecting the waters of the United States. Regulations implementing the Act require selecting the means of placement of dredged or fill material into water that, after considering all reasonable and practicable alternatives, represents the least costly alternative that is consistent with sound engineering practices and meets the environmental standards of the Section 404(b)(1) evaluation guidelines. The sections of the Clean Water Act that apply to the proposal are 401 regarding discharges to waterways and 404 regarding fill material in waters and wetlands. Section 401 Any project that involves placing dredged or fill material in waters of the U.S. or wetlands, or mechanized clearing of wetlands, requires a water quality certification from EPA or the state agency as delegated by EPA. The USACE is seeking from Ecology Certification that would provide assurance that the proposed Federal action would not violate established water quality standards associated with the discharge of dredged material into waters of the U.S. The USACE submitted documentation necessary for the Ecology individual 401 review. The USACE anticipates receiving a 401 Water Quality Certification prior to signing the FONSI. Section 404 Under the Federal Standard implementing Section 404, no discharge of dredged or fill material may take place unless it can be demonstrated that disposal would occur in the least costly, environmentally acceptable manner, consistent with engineering requirements established for the project. The USACE has prepared a Section 404(b)(1) Evaluation and public interest review, which appears in Appendix A. The findings are that there would be no significant adverse effects to aquatic ecosystems functions and values, that this project is within the public interest, and that the project meets the Federal Standard. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 63

69 7.6 Coastal Zone Management Act The Coastal Zone Management Act of 1972 as amended (16 U.S.C ) requires Federal agencies to conduct activities in a manner that is consistent to the maximum extent practicable with the enforceable policies of the approved State Coastal Zone Management Program. The USACE is substantively consistent with the enforceable polices of the applicable Shoreline Master Programs and provided documentation of this through a consistency determination submitted to Ecology in (Appendix C). The USACE anticipates receiving a letter of concurrence from Ecology prior to signing the FONSI. 7.7 National Historic Preservation Act Section 106 of the National Historic Preservation Act (16 USC 470) requires Federal agencies to take into account the effects of proposed federal undertakings historic properties included or eligible for the National Register of Historic Places. The implementing regulations for Section 106 (36 C.F.R. 800) requires Federal agencies to consult with various parties, including the Advisory Council on Historic Preservation, the State Historic Preservation Office (SHPO), and Indian tribes, to identify and evaluate historic properties, and to assess and resolve effects to historic properties. The USACE is in the process of consulting with the Washington SHPO and affected Tribes for this project. Based on the results of literature and records review, the absence of known or recorded cultural resources within the area of potential effect (APE), and consultation with the SHPO and the Tribe, the USACE anticipates submitting a finding of no historic properties. 7.8 Clean Air Act The Clean Air Act (CAA) as amended (42 U.S.C. 7401, et seq.) prohibits Federal agencies from approving or conducting any action that does not conform to an approved state, tribal, or Federal implementation plan. Under the CAA General Conformity Rule (Section 176(c)(4)), Federal agencies are prohibited from approving any action that causes or contributes to a violation of a NAAQS in a nonattainment area. According to 40 CFR Section (c)(2)(ix), the requirement for a conformity determination is waived where the proposal will result in a clearly de miminis increase in emissions, as long as the project involves maintenance dredging and disposal operations in which no new depths are required and approved disposal sites are used. The proposed action is maintenance dredging and placement at approved sites with no new widths or depths, in an attainment area where no more than de minimis increase in emissions would be generated, and is therefore exempt from the requirement for a General Conformity Determination. 7.9 Native American Tribal Treaty Rights In the mid-1850s, the United States entered into treaties with many Native American tribes in the Northwest. These treaties guaranteed the signatory tribes the right to "take fish at usual and accustomed grounds and stations... in common with all citizens of the territory" [U.S. v. Washington, 384 F. Supp. 312 at 332 (WDWA 1974)]. In U.S. v. Washington, 384 F. Supp. 312 at , the court resolved that the Treaty tribes have the right to take up to 50 percent of the harvestable anadromous fish runs passing through those grounds, as needed to provide them with a moderate standard of living (Fair Share). Over the years, the courts have held that this right comprehends certain subsidiary rights, such as access to their "usual and accustomed" fishing grounds. More than de minimis effects to access Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 64

70 to usual and accustomed fishing area may violate this treaty right [Northwest Sea Farms v. Wynn, F. Supp. 931 F. Supp at 1522 (WDWA 1996)]. In U.S. v. Washington, 759 F.2d 1353 (9th Cir 1985) the court indicated that the obligation to prevent degradation of the fish habitat would be determined on a case-by-case basis. The Ninth Circuit has held that this right encompasses the right to take shellfish [U.S. v. Washington, 135 F.3d 618 (9th Cir 1998)]. The Quinault Indian Nation has had representation in this process through coordination with the USACE on matters involving frequency and areas of dredging to maintain navigability of the Federal channel and access to ocean fisheries. Additionally, the USACE has initiated consultation with tribal leaders and natural resource directors regarding avoiding impacts to tribal fisheries resources. The USACE has concluded the following: (1) The work protects access to usual and accustomed fishing and gathering areas; (2) The work will not cause the degradation of fish runs in usual and accustomed fishing grounds or with fishing activities or shellfish harvesting and habitat; and (3) The work will not impair the Treaty tribes' ability to meet moderate living needs Migratory Bird Treaty Act and Executive Order Migratory Bird Habitat Protection The Migratory Bird Treaty Act (16 U.S.C ) as amended protects over 800 bird species and their habitat, and commits that the U.S. will take measures to protect identified ecosystems of special importance to migratory birds against pollution, detrimental alterations, and other environmental degradations. EO directs Federal agencies to evaluate the effects of their actions on migratory birds, with emphasis on species of concern, and inform the USFWS of potential negative effects to migratory birds. Implementation of the preferred alternative would not have any direct and deliberate negative effects to migratory birds. There would be no adverse effect on habitat and the project would only have minor and temporary effects to a small number of individual birds that may be present in the project area. No permit application for take of migratory birds is thus required. These birds are assumed to be habituated to the noise and activity of the Grays Harbor estuary Executive Order Consultation and Coordination with Indian Tribal Governments Executive Order (November 6, 2000) reaffirmed the Federal government s commitment to a government-to-government relationship with Indian tribes, and directed Federal agencies to establish procedures to consult and collaborate with tribal governments when new agency regulations would have tribal implications. The USACE has a government-to-government consultation policy to facilitate the interchange between decision makers to obtain mutually acceptable decisions. In accordance with this Executive Order, the USACE has engaged in regular and meaningful consultation and collaboration with the federally recognized tribes in the project area, the Chehalis Indian Tribe, the Hoh Tribe, the Quileute Indian Tribe, and the Quinault Indian Nation. Letters were sent to the federally recognized tribes to solicit their input prior to releasing this draft EA for public review. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 65

71 7.12 Executive Order 12898, Environmental Justice Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations provides that each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. Environmental justice concerns may arise from impacts on the natural and physical environment, such as human health or ecological impacts on minority populations, low-income populations, and Indian tribes or from related social or economic impacts. The USACE evaluated the nature and location of the proposed construction site and used the EPA Environmental Justice Viewer to determine whether minority populations, low-income populations, or Indian tribes are present in the action area and may be affected. The USACE has analyzed the potential effects of the alternatives on communities within a 3-mile radius of the proposed action and found that there would be no disproportionately high and adverse human health impacts to any environmental justice communities. The Quinault Indian Nation has not objected to the project Executive Order 11990, Protection of Wetlands Executive Order entitled Protection of Wetlands (May 24, 1977) requires Federal agencies to take action to avoid adversely impacting wetlands wherever possible, to minimize wetlands destruction and to preserve the values of wetlands, and to prescribe procedures to implement the policies and procedures of this Executive Order. The preferred alternative of dredging with placement of dredged material at upland, nearshore aquatic, or multiuser open-water disposal sites would have no effect to any tidal wetlands, as dredging would maintain existing conditions and the placement sites are sufficiently distant so as not to influence any wetlands. 8 Unavoidable Adverse Impacts The primary unavoidable adverse impact would be disruption of the benthic community in the Grays Harbor and Chehalis River navigation channel and the disposal sites. Invertebrate communities are likely to recover within the basin due to infrequency of dredging. Another unavoidable adverse impact would be air pollution and greenhouse gas emissions from the dredge and associated machinery. Both air pollution and greenhouse gas emissions would be de minimis. There would be some effects to water quality in the immediate vicinity of the active dredge and during dredge material disposal. Any effects to water quality would be short lived and small scale. Therefore, any effects to water quality would be insignificant. Effects to aquatic wildlife would be minimized by working during times of the year when ecologically important aquatic species (including ESA-listed species) would not be in the area or in low abundance, and using a clamshell dredge where feasible, which has low entrainment. The maintenance dredging project would not negatively affect the present geomorphology of Grays Harbor. Noise and light impacts would be temporarily increased by the proposed dredging operation, but to a minor degree. Sediment re-suspension would lead to increased turbidity in the vicinity of the dredge operation and at the disposal sites. However, the Dredged Material Evaluation and Disposal Procedures User Manual Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 66

72 standards for sediment are designed to be protective of organisms that come into contact with sediments, and concentrations and bioavailability of contaminants in sediments suspended during dredging and disposal are below levels that may cause harm to juvenile or adult salmonids. Sediments to be removed from Grays Harbor and Chehalis River navigation channel have been tested and approved for open water disposal under the DMMP guidelines. 9 Comparison of No-Action and Preferred Alternative Some effects to the human environment would be greater under the preferred alternative than under the no action alternative. Under the no action alternative there would be no future dredging which eventually could significantly reduce vessel access to the harbor resulting in localized improved air quality. Changes to the aquatic environment would perhaps be the most dramatic under the no-action alternative. Substrate contours in Grays Harbor would be allowed to undergo natural changes and fauna associated with the substrate may progress to a natural, climax state. Overall this would be beneficial to the aquatic environment and any ESA-listed species in the area. However, the no action alternative would significantly affect the local economy of southwestern Washington. Commercial fishing, recreational, and charter boats would not be able to use the marina for mooring. Deep-draft oceangoing vessels would not be able to load or unload cargo. The result would be fewer jobs for local people and would reduce economic input by tourism. The no action alternative was rejected because it does not meet the purpose and need for the project. The preferred alternative (maintenance dredging and disposal) is recommended because it would fully achieve the project purpose. The preferred alternative would have greater effect on the environment than the no action alternative, but the proposed dredge project would be cost effective relative to meeting the purpose and need of the proposed project, and would provide the greatest safety for vessels using Grays Harbor. Although the preferred alternative would have a greater effect on the aquatic environment, work window restrictions and other mitigation measures would avoid or minimize effects to the aquatic environment. 10 Public Interest Evaluation Factors for Maintenance Dredging Activities The USACE conducted an evaluation of the dredging and placement activity in light of the public interest factors prescribed in 33 CFR 336.1(c). These factors include: navigation and the Federal standard for dredged material disposal; water quality; coastal zone consistency; wetlands; endangered species; historic resources; scenic and recreation values; fish and wildlife; marine sanctuaries; and applicable state/regional/local land use classifications, determinations, and/or policies. Of these, navigation and the Federal standard, water quality, coastal zone consistency, wetlands, historic resources, scenic values, recreational values, and fish and wildlife have been evaluated in this draft EA. The factor of endangered species has been evaluated in Maintenance Dredging Combined Projects Biological Assessment (USACE 2016) and in the Biological Evaluation Continued Use of Multiuser Dredged Material Disposal Sites in Puget Sound and Grays Harbor (USACE 2015). The factor of marine Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 67

73 sanctuaries established under the Ocean Dumping Act has been considered and there are no sanctuary effects of dredging or placement; no marine sanctuaries are within the action area. The factor of application of non-federal land use policies was considered in connection with the coastal zone consistency evaluation; no additional impacts to state/regional/local land use classifications, determinations, and/or policies are anticipated as the project would maintain a federally authorized channel that is already used for vessel traffic. In accordance with 33 CFR 337.1(a)(14) and 325.3(c)(1), the USACE considered the following additional relevant factors: Conservation: This action would entail maintenance dredging, and would not involve any new channel construction or change to channel depths. The effects on fish and wildlife, including marine mammals and ESA-listed species, have been fully evaluated. This project would conserve dredged material as a resource in the nearshore zone to return the sediments to the littoral system. Economics: As reflected in this draft EA, the local community relies on the availability and full utility of the channel, the use of which this action would perpetuate. The proposed maintenance dredging is the least costly alternative that would meet the project s purpose and need. The economic benefits afforded through accomplishing maintenance dredging to the authorized depths outweigh the Federal costs of the action and the costs the region would incur with an eventual return to the pre-construction conditions that would ensue under the No-Action Alternative. Shoreline erosion and accretion: The effects on shoreline erosion and accretion appear in the hydraulics and geomorphology section of this draft EA. Overall, the proposed placement sites would reduce negative effects of shoreline erosion. Safety: Maintenance dredging to the authorized depths to provide a navigable waterway for the safe and efficient transit of commercial, tribal, and recreational vessels serves the interests of safety. Property ownership: Maintaining use of the navigation channel provides full utilization of the Port of Grays Harbor, Westhaven Marina, and private vessel ownership interests by tenants of and visitors to Grays Harbor adjacent to the channel. As provided in 33 CFR Sections 335.4, 336.1(c)(1) and 337.6, the USACE has fully considered, on an equal basis, all alternatives that are reasonable and practicable, i.e., available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. The necessary budget resources are available and adequate to fully support the action. The preferred alternative represents the least costly alternative, constituting the discharge of dredged or fill material into waters of the United States in the least costly manner and at the least costly and most practicable location, is consistent with sound engineering practices, and meets the environmental standards established by the Clean Water Act Section 404(b)(1) evaluation process. Execution of the preferred alternative, following consideration of all applicable evaluation factors, would be in the public interest. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 68

74 11 Summary As described, the proposed Federal action of dredging for channel maintenance with placement of dredged materials at an upland site (Point Chehalis Revetment Extension Mitigation Site), nearshore aquatic (Half Moon Bay or South Beach sites), or multi-user open-water disposal (Point Chehalis or South Jetty sites) would not have significant impacts to the quality of the human environment of the Grays Harbor estuary and Pacific Ocean beaches. Adhering to the in-water work window and limiting work to the designated project footprints is sufficient to avoid significant impacts to natural resources. As needed, the USACE would conduct periodic sampling and analysis of the sediments to be dredged to assure continued suitability for unrestricted aquatic disposal, and in light of the historic record of determinations expects test results to continue supporting aquatic and beach placement. The DMMP agencies have approved a suitability determination for open-water placement of dredged material through August 2024 (Inner Reaches) and 2027 (Outer Reaches). If negative test results are obtained in future sediment testing, the USACE would reopen this draft EA and its conclusion and reevaluate the FONSI as necessary. The USACE expects to achieve full compliance with all environmental laws including ESA, CWA, and CZMA and has documented this compliance in the Draft FONSI. Preparation of an environmental impact statement is thus not required. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 69

75 12 References Armstrong, D.A., B.G. Stevens, and J.C. Hoeman Distribution and Abundance of Dungeness Crab and Crangon Shrimp and Dredging-Related Mortality of Invertebrates and Fish in Grays Harbor, Washington. Technical Report to Washington State Department of Fisheries and U.S. Army Corps of Engineers. Contract No. DACW67-80-C July Armstrong, D.A., T.C. Wainwright, J. Orensanz, P.A. Dinnel, and B.R. Dumbauld Model of Dredging Impact on Dungeness Crab in Grays Harbor, Washington. University of Washington Fisheries Research Institute, School of Fisheries. Final Report. Seattle, Washington. June Armstrong, D.A., K.A. McGraw, P.A. Dinnel, R.M. Thom, and O. Iribarne Construction Dredging Impacts on Dungeness Crab, Cancer magister, in Grays Harbor, Washington and Mitigation of Losses by Development of Intertidal Shell Habitat. University of Washington Fisheries Research Institute. Final Report FRI-UW Prepared for U.S. Army Corps of Engineers, Seattle District. Contract No. DACW67-85-C Armstrong, D.A., C. Rooper, and D. Gunderson Estuarine Production of Juvenile Dungeness Crab (Cancer magister) and Contribution to the Oregon-Washington Coastal Fishery. Estuaries 26(4)(B): Armstrong, David Bevan Series on Sustainable Fisheries, Available: < &index=1>. Buijsman, M.C., G.M. Kaminsky, and G. Gelfenbaum Shoreline change associated with jetty construction, deterioration, and rehabilitation at Grays Harbor, Washington. Shore and Beach 71(1): Borde, A.B., R.M. Thom, S. Rumrill, and L.M. Miller Geospatial Habitat Change Analysis in Pacific Northwest Coastal Estuaries. Estuaries 26(4B): August Boysen, K.A. and J.J. Hoover Swimming Performance of Juvenile White Sturgeon (Acipenser transmontanus): Training and the probability of entrainment due to dredging. Journal of Applied Ichthyology 25(Suppl. 2): Clarke, D., C. Dickerson, and K. Reine Characterization of Underwater Sounds Produced by Dredges. U.S. Army Engineer Research and Development Center, Vicksburg, MS. Davis, S., G. Sylvia, N. Yochum, and C. Cusack Oregon Dungeness Crab Fishery Bioeconomic Model: A Fishery Interactive Simulator Learning Tool. Prepared by OSU Coastal Oregon Marine Experiment Station and The Research Group, LLC, for the Oregon Dungeness Crab Commission. March DMMP (Dredged Material Management Program) Dredged Material Evaluation Procedures and Disposal Site Management Manual; Grays Harbor and Willapa Bay, Washington. Prepared by the U.S. Army Corps of Engineers, Environmental Protection Agency, Washington Department of Ecology, and Washington Department of Natural Resources. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 70

76 DMMP Determination on the Suitability of Proposed Federal Operation and Maintenance Dredged Material from Grays Harbor, Washington Evaluated Under Section 404 of the Clean Water Act, for Open-Water Disposal at the South Jetty and Point Chehalis Dispersive Disposal Sites, and at the South Beach and Half Moon Bay Beneficial Use Sites. Prepared by the USACE for the DMMP Agencies, February 9, DMMP Biennial Report: Dredging Years 2012/2013. DMMP. 2015a. Debris Screening Requirements for Dredged Material Disposed at Open-Water Sites. Final DMMP Clarification Paper. October 2, DMMP. 2015b. Biennial Report: Dredging Years 2014/2015. DMMP Dredged Material Evaluation and Disposal Procedures User Manual. Prepared by the Dredged Material Management Office, U.S. Army Corps of Engineers, Seattle District. August DMMP Biennial Report: Dredging Years 2016/2017. DMMP Determination Regarding the Suitability of Proposed Dredged Material from Maintenance of the Grays Harbor Federal Navigation Channel, Grays Harbor, Washington, for Placement at the Pt. Chehalis or South Jetty Dispersive Open-Water Disposal Sites, at an Approved Beneficial Use Location, or at an Approved Upland Site. Prepared by the USACE for the DMMP Agencies, February 8, Dumbauld, B., D. Armstrong, P. Dinnel, and T. Wainwright Impact of Dredging on Dungeness Crab, Cancer magister, in Grays Harbor, Washington During August University of Washington Fisheries Research Institute. Final Report. FRI-UW For U.S. Army Corps of Engineers, Seattle District. Contract No. DACW67-85-C October Dumbauld, B.R., E.P. Visser, D.A. Armstrong, L. Cole-Warner, K.L. Felsman, and B.E. Kauffman Use of Oyster Shell to Create Habitat for Juvenile Dungeness Crab in Washington Coastal Estuaries: Status and Prospects. Journal of Shellfish Research 19: Ecology (Washington State Department of Ecology) Chehalis Basin Strategy Draft Programmatic Environmental Impact Statement. Ecology Washington State Coastal Atlas Map. Website accessed January 17, Ecology Water Quality Atlas Map. Website accessed February 20, Emmett, R.L., S.L. Stone, S.A. Hinton, and M.E. Monaco Distribution and Abundance of Fishes and Invertebrates in West Coast Estuaries, Volume II: Species Life History Summaries. ELMR Rep. No. 8. NOAA/NOS Strategic Environmental Assessments Division. Rockville, Maryland. 329 pp. EPA (U.S. Environmental Protection Agency) Current Methodologies in Preparing Mobile Source Port-Related Emissions Inventories. Available online: Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 71

77 EPA Inventory of U.S. Greenhouse Gas Emissions and Sinks: EPA 430-R Available online: EPA. 2017a. Facility Level Information on GreenHouse Gases Tool (FLIGHT). Available online: EPA. 2017b. Inventory of U.S. Greenhouse Gas Emissions and Sinks U.S. Environmental Protection Agency, Washington, D.C. April EPA 430-P a. Available online: EPA Current Nonattainment Counties for all Criteria Pollutants. Available online: Gelfenbaum, G. and G.M. Kaminksky Large-scale coastal change in the Columbia River littoral cell. Marine Geology 273(1-4). Gendaszek, A Hydrogeologic Framework and Groundwater/Surface-Water Interactions of the Chehalis River Basin, Southwestern Washington. U.S. Geological Survey Scientific Investigations Report p. Hauri, C., N. Gruber, G.K. Plattner, S. Alin, R.A. Feely, B. Hales, and P.A. Wheeler Ocean Acidification in the California Current System. Oceanography 22(4): Higgins, K., A. Hastings, J.N. Sarvela, and L.W. Botsford Stochastic Dynamics and Deterministic Skeletons: Population Behavior of Dungeness Crab. Science 276: Holsman, K., S. McDonald, and D. Armstrong Intertidal Migration and Habitat use by Subadult Dungeness Crab Cancer magister in a NE Pacific Estuary. Marine Ecology Progress Series 308: ICF Jones & Stokes Water Quality Monitoring Report. Grays Harbor Dredging Project. September Contract: W912DW Task Order No. 1. (ICF J&S ) Seattle, WA. Prepared for U.S. Army Corps of Engineers. Jeffries, S.J., P.J. Gearin, H.R. Huber, D.L. Saul, and D.A. Pruett Atlas of Seal and Sea Lion Haulout Sites in Washington. Washington Department of Fish and Wildlife, Wildlife Science Division, 600 Capitol Way North, Olympia WA. pp Johnson, D.F., L.W. Botsford, R.D. Methot Jr., and T.C. Wainwright Wind Stress and Cycles in Dungeness Crab (Cancer magister) Catch Off California, Oregon, and Washington. Canadian Journal of Fisheries and Aquatic Science 43(4): LeGore, R.S. and D.M. Des Voigne Absence of acute effects on three-spine sticklebacks (Gasterosteus aculeatus) and coho salmon (Oncorhynchus kisutch) exposed to resuspended harbor sediment contamination. Journal of the Fisheries Research Board of Canada 30 (8): Lindley, S.T., D.L. Erickson, M.L. Moser, G. Williams, O.P. Langness, B.W. McCovey Jr, M. Belchik, D. Vogel, W. Pinnix, J.T. Kelly, and J.C. Heublein Electronic tagging of green sturgeon reveals Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 72

78 population structure and movement among estuaries. Transactions of the American Fisheries Society, 140(1): Marshall, K.N., I.C. Kaplan, E.E. Hodgson, A. Hermann, D.S. Busch, P. McElhany, T.E. Essington, C.J. Harvey, and E.A. Fulton Risks of Ocean Acidification in the California Current Food Web and Fisheries: Ecosystem Model Projections. Global Change Biology 23(4): McCauley, J.F., R.A. Parr, and D.R. Hancock Benthic infauna and maintenance dredging: a case study. Water Research 11(2): McConnaughey, R.A. and D.A. Armstrong Potential Effects of Global Climate Change on Dungeness Crab (Cancer magister) Populations in the Northeastern Pacific Ocean. In R.J. Beamish (ed.) Climate Change and Northern Fish Populations. Canadian Special Publication of Fisheries and Aquatic Sciences 121: McGraw, K.A., L.L. Conquest, J.O. Waller, P.A. Dinnel, and D.A. Armstrong Entrainment of Dungeness Crabs, Cancer magister Dana, by Hopper Dredge in Grays Harbor, Washington. Journal of Shellfish Research (7): Monaco, M.E., R.L. Emmett, D.M. Nelson, and S.A. Hinton Distribution and Abundance of Fishes and Invertebrates in West Coast Estuaries, Volume I: Data Summaries. ELMR Rep. No. 4. NOAA/NOS Strategic Environmental Assessments Division. Silver Spring, Maryland. 232 p. Moser, M.L. and S.T. Lindley Use of Washington Estuaries by Subadult and Adult Green Sturgeon. Environmental Biology of Fishes (79): Moser, M. L., J. A. Israel, M. Neuman, S. T. Lindley, D. L. Erickson, B. W. McCovey, and A. P. Klimley Biology and Life History of Green Sturgeon (Acipenser medirostris Ayres, 1854): State of the Science." Journal of Applied Ichthyology 32(Suppl. 1): Newell, R.C., L.J. Seiderer, and D.R. Hitchcock The Impact of Dredging Works in Coastal Waters: A Review of the Sensitivity to Disturbance and Subsequent Recovery of Biological Resources on the Sea Bed. Oceanography and Marine Biology: an Annual Review. 1998(36): NMFS (National Marine Fisheries Service) Designation of Critical Habitat for the threatened Southern Distinct Population Segment of North American Green Sturgeon, Final Biological Report. National Marine Fisheries Service, Southwest Region Protected Resources Division, Long Beach, CA. October NMFS Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation and Fish and Wildlife Coordination Act Recommendations for the Continued Use of Multi-User Dredged Material Disposal Sites in Puget Sound and Grays Harbor. Consultation Number: WCR December 17, NMFS Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing: Underwater Acoustic Thresholds for Onset of Permanent and Temporary Threshold Shifts. NOAA Technical Memorandum NMFS-OPR-55. Office of Protected Resources, Silver Spring, MD. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 73

79 NMFS Endangered Species Act Section 7 Formal Consultation and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for U.S Army Corps of Engineers (COE) Proposed 25-year Maintenance Dredging Program for Eight Federally-Authorized Navigation Channels in Western Washington State. Consultation Number: WCR January 26, Oleson, E.M., J. Calambokidis, E. Falcone, G. Schorr, and J.A. Hildebrand Acoustic and visual monitoring for cetaceans along the outer Washington coast. Naval Postgraduate School Technical Report NPS-OC Monterey, California. March Osborne, P.D Dynamics of Whitcomb Flats. Prepared for Port of Grays Harbor in coordination with the Coastal Communities of Southwest Washington. Peterson, C., K. Scheidegger, P. Komar, and W. Niem Sediment Composition and Hydrography in Six High-Gradient Estuaries of the Northwestern United States. Journal of Sedimentary Petrology 54: Penttila, D Marine Forage Fishes in Puget Sound. Puget Sound Nearshore Partnership Report No Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. Ponti, M., A. Pasteris, R. Guerra, and M. Abbiati Impacts of Maintenance Channel Dredging in a Northern Adriatic Coastal Lagoon II: Effects on Macrobenthic Assemblages in Channels and Ponds. Estuarine, Coastal and Shelf Science 85(2009): PSDDA (Puget Sound Dredged Disposal Analysis) Final Environmental Impact Statement- Unconfined Open-water Disposal Sites for Dredged Material, Phase I (Central Puget Sound). PSDDA Final Environmental Impact Statement-Unconfined Open-water Disposal Sites for Dredged Material, Phase II (North and South Puget Sound). QIN (Quinault Indian Nation) Presence of Juvenile Pacific Eulachon (Thaleichthys pacificus Richardson 1836) in Grays Harbor, Washington; Report to the U.S. Army Corps of Engineers, Seattle District. Contract No. W912DW December R2 Resource Consultants, Inc (R2 Resources) Half Moon Bay Baseline Fish Survey Grays Harbor, Washington. Prepared for U.S. Army Corps of Engineers, Seattle District. January Rasmuson, L.K The Biology, Ecology and Fishery of the Dungeness Crab, Cancer magister. In Michael Lesser, editor: Advances in Marine Biology 65: Academic Press. Burlington, Massachusetts. Reine, K. and D. Clarke Entrainment by Hydraulic Dredges A Review of Potential Impacts. Technical Note DOER-E1. U.S. Army Corps of Engineers, Environmental Laboratory. Vicksburg, Mississippi. Resource Dimensions Economic Impacts of Crude Oil Transport on the Quinault Indian Nation and the Local Economy. April Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 74

80 Rountry, D The Chehalis/Grays Harbor Watershed Dissolved Oxygen (DO), Temperature, and Fecal Coliform Bacteria TMDL Detailed Implementation (Cleanup) Plan. Washington State Department of Ecology Water Quality Program. Publication Number November SAIC (Science Application International Corporation) Half Moon Bay and South Beach Benthic Invertebrate Study. Final Report. Prepared for the U.S. Army Corps of Engineers. Seattle, WA. Salo, E.O., T.E. Prinslow, R.A. Campbell, D.W. Smith, and B.P. Snyder Trident dredging study: the effects of dredging at the U.S. naval submarine base at Bangor on outmigrating juvenile chum salmon, Oncorhynchus keta, in Hood Canal, Washington. Fisheries Research Institute, FRI-UW-7918, College of Fisheries, University of Washington, Seattle, WA. Sandell, T., J. Fletcher, A. McAninch, and M. Wait Grays Harbor Juvenile Fish Use Assessment: 2013 Annual Report. Wild Fish Conservancy Northwest. Prepared for the Chehalis Basin Habitat Work Group and the Washington State Recraetion and Conservation Office. August Sandell, T., J. Fletcher, A. McAninch, and M. Wait Grays Harbor Estuary Salmonid Conservation and Restoration Plan. Wild Fish Conservancy Northwest. Prepared for the Chehalis Basin Habitat Work Group and the Washington State Recraetion and Conservation Office. May Sandlin, G Report to the Legislature on Washington Greenhouse Gas Emissions Inventory: Air Quality Program, Washington State Department of Ecology. Olympia, Washington. Shanks, A.L. and G.C. Roegner Recruitment Limitation in Dungeness Crab Populations is Driven by Variation in Atmospheric Forcing. Ecology 88(7): Simenstad, C.A. and D.M. Eggers Juvenile Salmonid and Baitfish Distribution, Abundance and Prety Resources in Selected Areas of Grays Harbor, Washington. Final Report for U.S. Army Corps of Engineers, Seattle District. Contract No. DACW C Seattle, Washington. August Simenstad, C.A., A.J. Wick, J.R. Cordell, R.M. Thom, and G.D. Williams Decadal Development of a Created Slough in the Chehalis River Estuary: Year 2000 Results. Report to U.S. Army Corps of Engineers, Seattle District, SAFS UW 0110, School Fish and Aquatic Sciences, Univ. Washington, Seattle. Smith, C.J. and M. Wenger Salmon and Steelhead Habitat Limiting Factors: Chehalis Basin and Nearby Drainages, Water Resource Inventory Areas 22 and 23. Washington State Conservation Commission Final Report. May Snavely, P.D., R.D. Brown, A.E. Roberts, and W.W. Rau Geology and Coal Resources of the Centralia-Chehalis District Washington. Geological Survey Bulletin Stevens, B.G Dredging-Related Mortality of Dungeness Crabs Associated with Four Dredges Operating in Grays Harbor, Washington. Washington State Department of Fisheries. Prepared for U.S. Army Corps of Engineers. Contract No. DACW67-79-C Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 75

81 Stick, K.C., A. Lindquist, and Dayv Lowry Washington State Herring Stock Status Report. Washington Department of Fish and Wildlife Fish Program, fish Management Division. Fish Program Technical Report No. FPA July USACE (U.S. Army Corps of Engineers) Grays Harbor, Chehalis and Hoquiam Rivers, Washington Channel Improvements for Navigation Interim Feasibility Report and Final Environmental Impact Statement. Seattle District. September USACE Final Environmental Impact Statement Supplement, Grays Harbor, Washington, Navigation Improvements Project. February USACE Grays Harbor, Chehalis and Hoquiam Rivers, Washington Channel Improvements for Navigation Environmental Assessment and Finding of No Significant Impact. Seattle District. February 15, USACE Columbia River Channel Improvement Project Final Supplemental Integrated Feasibility Report and Environmental Impact Statement. U.S. Army Corps of Engineers Portland District. January USACE. 2011a. Biological Evaluation, Fiscal Year 2011 and Future Years Maintenance Dredging and Disposal, Grays Harbor and Chehalis River Maintenance Dredged Project. Grays Harbor County, Washington. March Seattle District. Seattle, WA. USACE. 2011b. Environmental Assessment, Fiscal Years 2012 Through 2018 Maintenance Dredging and Disposal, Grays Harbor and Chehalis River Navigation Project. September Seattle District. Seattle, WA. USACE Long-Term Management Strategy for the South Jetty, Grays Harbor, Washington. Draft Letter Report and Integrated Environmental Assessment. March. Seattle District. USACE Supplemental Environmental Assessment Fiscal Years Maintenance Dredging and Disposal Environmental Assessment. Grays Harbor and Chehalis River Navigation Project. Seattle, WA. USACE Grays Harbor, Washington Navigation Improvement Project General Investigation Feasibility Study FINAL Limited Reevaluation Report. Appendix C: Final Supplemental Environmental Impact Statement. Seattle District. June Seattle, Washington. USACE Biological Evaluation, Continued use of Multiuser Dredged Disposal Sites in Puget Sound and Grays Harbor. April Seattle District. Seattle, WA. USACE Maintenance Dredging Combined Projects Biological Assessment: Fiscal Year 2017 through 2042 Maintenance Dredging of Selected Federal authorized Navigation Channels, with Disposal of Dredged material at Designated Disposal Sites. Seattle District. December U.S. Census Bureau Profile of General Population and Housing Characteristics: 2010 for Grays Harbor County, Washington. Accessed December 11, 2017: Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 76

82 USFWS (U.S. Fish and Wildlife Service) Continued Use of Multiuser Dredged Material Disposal Sites in Puget Sound and Grays Harbor. Letter of Concurrence 01EWFW I Lacey, Washington. USFWS Grays Harbor National Wildlife Refuge Black River Unit of Billy Frank Jr. Nisqually National Wildlife Refuge Draft Comprehensive Conservation Plan and Environmental Assessment. Portland, Oregon. USFWS Maintenance Dredging Programmatic of Selected Federal Authorized Navigational Channels with Disposal of Dredged Material at Designated Disposal Sites. Letter of Concurrence 01EWFW I Lacey, Washington. Wainwright, T.C., K.A. McGraw, D.A. Armstrong, B.R. Dumbauld, and L.L. Conquest Impact of Dredging on Dungeness Crab, Cancer Magister, in Grays Harbor, Washington, During August University of Washington Fisheries Research Institute. Final Report FRI-UW Prepared for U.S. Army Corps of Engineers, Seattle District. Contract No. DACW67-85-C WDFW (Washington Department of Fish and Wildlife) Forage Fish Spawning Map Washington State. Accessed January 16, 2018: WDFW Non-Treaty Coastal Commercial Dungeness Crab Landings Summary. Available online: WDFW Commercial Crab Fishing Catch Reporting Areas. Available online: Wilber, D.H. and D.G. Clarke Defining and Assessing Benthic Recovery Following Dredging and Dredged Material Disposal. Proceedings XXVII World Dredging Congress 2007: Willson, M.F., R.H. Armstrong, M.C. Hermans, and K. Koski Eulachon: A Review of Biology and an Annotated Bibliography. National Marine Fisheries Service Alaska Fisheries Science Center. August WSDOT (Washington Department of Transportation) Biological Assessment Preparation for Transportation Projects - Advanced Training Manual - Version Prepared by Herrera Environmental Consultants. World Media Group, LLC La Conner, WA Air Quality. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 77

83 Appendix A Finding of No Significant Impact (FONSI)/Statement of Findings (SOF) Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 78

84 Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Disposal Grays Harbor County, Washington DRAFT FINDING OF NO SIGNIFICANT IMPACT (FONSI) AND CLEAN WATER ACT SECTION 404 STATEMENT OF FINDINGS 1. Background. The Seattle District, U.S. Army Corps of Engineers (Corps) is undertaking the following project under the Rivers and Harbors Act of 1896 (54th Congress, Session 1). The Grays Harbor and Chehalis River project was adopted 30 August 1935 (74th Congress, Session 1). The 1935 Rivers and Harbors Act combines former projects "Grays Harbor and Bar Entrance" and Grays Harbor, Inner Portion and Chehalis River, adopted by Acts of 3 June 1896, 2 March 1907, 25 June 1910, 8 August 1917, 21 January 1927, and 3 July 1930, and modified 2 March 1945, 30 June 1948, and 3 September The project was constructed in Dredging the navigation channel to 38 feet mean lower low water (MLLW) was authorized as the Navigation Improvement Project by Congress in Section 202 of the Water Resources Development Act of 1986 (Public Law ). However, only three outer reaches were deepened to their authorized depths at that time; execution of deepening of the remainder of the reaches was initiated in 2016 after a Limited Reevaluation Report and Supplemental Environmental Impact Statement (LRR- SEIS) and is slated to be completed in 2018 prior to commencement of the maintenance dredging evaluated in the EA. The Grays Harbor and Chehalis River Federal Navigation Channel provides safe navigation and wide turning areas for large ships while they traverse Grays Harbor from the Pacific Ocean to the Port of Grays Harbor and local facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis. Shoaling is occurring in the channel and dredging is necessary to restore the area to its authorized depth of -38 feet MLLW, with an allowance for an additional two feet of overdepth and two feet of advanced maintenance as necessary. This dredging maintains the ability of large ocean-going vessels to enter and leave the Port of Grays Harbor and other nearby facilities safely. Operations at the Port of Grays Harbor are critical to the local economy directly and indirectly provides for hundreds of local jobs. The local economy is historically tied to forest products shipped to domestic and international markets. More recently, the Port of Grays Harbor has improved rail access and terminal facilities for automobile, grain, and other bulk product exports.

85 2. Action. This document is intended to cover the period from 2018 to February The Corps will dredge up to 4,400,000 cubic yards (CY) annually from the navigation channel, which is maintained at -38 feet MLLW. The inner harbor (Outer Crossover Reach and eastward) is mechanically dredged with a clamshell dredge July 16 through February 14 and the outer harbor reaches (Outer Crossover Reach and westward) are hydraulically dredged with a hopper dredge (with or without pipeline) April 1 through June 30. Outer Crossover Reach may be dredged with either clamshell or hopper dredge depending on the timing of execution of the dredging, the location and/or quantity of shoaling since the last maintenance event, and the availability of specific dredging equipment when needed. Disposal will occur at two multiuser unconfined open-water disposal sites, two nearshore nourishment sites, and one upland site, which includes the Point Chehalis Revetment Extension Mitigation site. Material from the outer harbor is typically dredged and transported via hopper dredge to the nearshore and multiuser open-water disposal sites, but could on occasion be mechanically dredged and transported via bottom dump barge where tugs move the bottom dump barges to and from the aquatic beneficial disposal sites. Material mechanically dredged from the inner harbor is typically placed in the two multiuser open-water disposal sites. A hopper dredge with pump-ashore capability may be utilized to place dredged material via pipeline in the upland site when needed. 3. Coordination. The Federal action is described in the Draft Environmental Assessment (EA): Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Disposal , dated May a. Letters of Comment and Responses. The Draft EA, the contents of which are consistent with a Clean Water Act (CWA) Section 404 Public Notice, will undergo a public comment period from 17 May 2018 to 16 June b. Federal Agencies. The U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS), the U.S. Department of the Interior, and the U.S. Fish and Wildlife Service (USFWS) are responsible for the Endangered Species Act of 1973 (ESA) listed species in Grays Harbor County. The Corps determined that the proposed maintenance dredging and dredged material placement at nearshore and upland sites may affect, but is not likely to adversely affect any ESA-listed species or designated critical habitat and prepared documentation of this determination (USACE 2016). The USFWS agreed with this -2-

86 determination and the Corps received a letter of concurrence May 24, NMFS agreed that the proposed action is not likely to adversely affect most ESA-listed species or designated critical habitat; however, NMFS concluded that Southern green sturgeon and their critical habitat and Southern eulachon are likely to be adversely affected in Grays Harbor and the Corps received a biological opinion January 26, 2018 (NMFS 2018). The Corps determined the proposed dredged material placement at the multiuser open-water sites is not likely to adversely affect any ESA-listed species or designated habitat and prepared documentation of this determination (USACE 2015). The USFWS provided a letter of concurrence July 28, 2015 (USFWS 2015) and NMFS provided a biological opinion for adverse effects to rockfish in the Puget Sound/Georgia Basin December 17, 2015 (NMFS 2015). NMFS required the Corps to implement Reasonable and Prudent Measures (RPMs) in the biological opinion by following terms and conditions to minimize the level of take associated with the proposed action for these species. The Corps has incorporated the RPMs into the Mitigation and Monitoring section of the draft EA for disposal of dredged material. The USACE will comply with the reasonable and prudent measures of the biological opinions to avoid and minimize adverse impacts to ESA-listed species during maintenance dredging and dredged material placement. These include to minimize incidental take from dredging and in-water sediment disposal, minimize the exposure of listed fish to contaminants and reduced DO, and to implement monitoring and reporting to confirm that the take exemption for the proposed action is not exceeded. An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in The USACE determined that maintenance dredging of the Federal navigation channel and disposal at the nearshore and upland placement sites in Grays Harbor may adversely affect EFH, because removal or open water disposal of dredged material would constitute a detectable effect to EFH (USACE 2017). NMFS concurred with this determination and provided EFH conservation recommendations that would minimize and/or avoid adverse effects on EFH for Pacific Coast Salmon, Pacific Coast Groundfish, and Coastal Pelagic Species (NMFS 2018). The USACE provided a detailed response to NMFS within 30 days as required by section 3.5(b)(4)(B) of the MSA that agreed with all conservation recommendations, except to return all woody debris to the waterway. Standard practice is to dredge around -3-

87 large logs with or without root wad so that they remain in the water. Other woody debris is typically small fragments of trees, bushes, or scrap lumber, and not of the quality to be beneficially used. If this woody debris is larger than 12-inches in any dimension, it is separated from the dredged material and disposed of at an appropriate disposal facility. The USACE determined that use of the multiuser open-water placement sites (Point Chehalis and South Jetty) for dredged material disposal may adversely affect EFH (USACE 2015) and received concurrence from NMFS December 17, 2015 (NMFS 2015). The USACE provided a detailed response to NMFS within 30 days as required by section 3.5(b)(4)(B) of the MSA. The Corps has requested a 401 Water Quality Certification from the Washington Department of Ecology (Ecology) and will comply with applicable conditions associated with the discharge of dredged material into the waters of the U.S. The Corps anticipates receiving a 401 Water Quality Certification prior to signing the FONSI. c. State and Local Agencies. The Corps has determined that the project is consistent to the maximum extent practicable with the enforceable policies of the approved Washington State Coastal Zone Management Program, in particular the Shoreline Management Plans of the cities of Aberdeen, Cosmopolis, Hoquiam, Ocean Shores, and Westport, and Grays Harbor County, and, therefore, is in compliance with the Coastal Zone Management Act (CZMA). The Corps prepared a Coastal Zone Management Consistency Determination for maintenance dredging and submitted it to Ecology on 06 April The Corps anticipates receiving a Coastal Zone Management Consistency Concurrence from Ecology prior to signing the FONSI. Section 106 of the National Historic Preservation Act (16 USC 470) requires Federal agencies to take into account the effects of proposed federal undertakings historic properties included or eligible for the National Register of Historic Places. The implementing regulations for Section 106 (36 C.F.R. 800) requires Federal agencies to consult with various parties, including the Advisory Council on Historic Preservation, the State Historic Preservation Office (SHPO), and Indian Tribes, to identify and evaluate historic properties, and to assess and resolve effects to historic properties. The Corps is in the process of consulting with the Washington SHPO and affected Tribes for this project. Based on the results of literature and records review, the absence of known or recorded cultural resources within the area of potential effect (APE), and consultation with the SHPO and the Tribes, the Corps anticipates submitting a finding of no historic properties affected. d. Treaty Tribes. The Corps has ongoing coordination with the Quinault Indian Nation on matters -4-

88 involving frequency and areas of dredging to maintain navigability of the channel and access to ocean fisheries. Additionally, the Corps has consulted with tribal biologists regarding avoiding impacts to tribal fisheries resources. 3. Environmental Effects and Impacts. a. Summary of Effects: The Draft EA for the Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Disposal Project , dated May 2018, describes the effects of the proposed project. Unavoidable adverse effects include disruption of benthic communities and minor and temporary water quality impacts through turbidity and depressed dissolved oxygen, as well as some emissions of air pollutants and greenhouse gases. However, these effects will be temporary and localized and are not expected to be significant. b. Compliance with Applicable Environmental Laws. The environmental laws listed below are applicable to the proposed action. An evaluation of environmental impacts under each of these regimes, as well as compliance with each of these laws, is documented in the Draft EA. National Environmental Policy Act: The Corps has prepared a draft EA that will undergo public review prior to finalization. ESA: The Corps submitted a Combined Project Biological Assessment (BA) for maintenance dredging and disposal of dredged material at nearshore and upland sites, of which this dredging and disposal action is one component, to NMFS and USFWS. USFWS concurred with the determination of may affect, but not likely to adversely affect bull trout and their critical habitat, and marbled murrelet in a letter dated 24 May NMFS did not concur with the Corps effects determination of not likely to adversely affect for green sturgeon, green sturgeon critical habitat and eulachon, and issued a Biological Opinion (BiOp) with an incidental take statement to the Corps on 26 January 2018 for these species. NMFS required the Corps to implement Reasonable and Prudent Measures (RPMs) in the BiOp to minimize the level of take associated with the proposed action for these species. The Corps has incorporated the RPMs into the Mitigation and Monitoring section of the draft EA for disposal of dredged material. An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take -5-

89 during hopper dredge operation in Grays Harbor will begin in The Corps prepared a BA in accordance with the ESA for the placement of dredged materials at the multiuser open-water Point Chehalis and South Jetty disposal sites. The USFWS issued a concurrence letter dated 28 July 2015 with a conclusion of may effect, not likely to adversely affect ESA-listed species. NMFS did not concur with the Corps effects determination of not likely to adversely affect for rockfish for sites in the Puget Sound/Georgia Basin and issued a BiOp with an incidental take statement to the Corps on 17 December 2015; however, the terms and conditions of the rockfish RPMs do not extend to the Grays Harbor disposal sites. Marine Mammal Protection Act: The Corps has determined that the project would not be anticipated to disturb any marine mammal to the extent of causing disruption to behavioral patterns, and that it is thus not necessary to pursue an incidental harassment authorization under the MMPA. Magnuson-Stevens Fishery Conservation and Management Act: The USACE determined that maintenance dredging of the Federal navigation channel and disposal at the nearshore and upland placement sites in Grays Harbor may adversely affect EFH, because removal or open water disposal of dredged material would constitute a detectable effect to EFH (USACE 2017). NMFS concurred with this determination and provided EFH conservation recommendations that would minimize and/or avoid adverse effects on EFH for Pacific Coast Salmon, Pacific Coast Groundfish, and Coastal Pelagic Species (NMFS 2018). The USACE provided a detailed response to NMFS within 30 days as required by section 3.5(b)(4)(B) of the MSA that agreed with all conservation recommendations, except to return all woody debris to the waterway. Standard practice is to dredge around large logs with or without root wad so that they remain in the water. Other woody debris is typically small fragments of trees, bushes, or scrap lumber, and not of the quality to be beneficially used. If this woody debris is larger than 12-inches in any dimension, it is separated from the dredged material and disposed of at an appropriate disposal facility. The USACE determined that use of the multiuser open-water placement sites (Point Chehalis and South Jetty) for dredged material disposal may adversely affect EFH (USACE 2015) and received concurrence from NMFS December 17, 2015 (NMFS 2015). The USACE provided a detailed response to NMFS within 30 days as required by section 3.5(b)(4)(B) of the MSA. NMFS provided two conservation recommendations to minimize and/or avoid the impacts of dredging and disposal, and the recommended conservation measures that are pertinent and productive in the context of dredging in a protected and heavily trafficked area such as Grays Harbor have been incorporated as mitigation and monitoring measures. CWA Sections 404 and 401: The Corps prepared a Section 404(b)(1) Evaluation to demonstrate substantive compliance with Section 404 of the CWA and 40 CFR 230(Appendix B of the Draft EA). The Corps requested a Water Quality Certification under section 401 of the CWA from Ecology. The 401 water quality certification and -6-

90 concurrence with the coastal zone general consistency determination are expected prior to the finalization of this Draft EA/Statement of Findings/FONSI. Coastal Zone Management Act: The Corps determined under the CZMA that the project will be consistent to the maximum extent practicable with the enforceable policies of the approved Washington Coastal Zone Management Program and submitted the determination to Ecology for review. National Historic Preservation Act: The Corps is in the process of consulting with the Washington SHPO and affected Tribes for this project. Based on the results of literature and records review, the absence of known or recorded cultural resources within the area of potential effect (APE), and consultation with the SHPO and the Tribes, the Corps anticipates submitting a finding of no historic properties affected. Clean Air Act: Maintenance dredging and disposal activities under this project will result in an increase in emissions that is clearly de minimis and will constitute maintenance dredging where no new depths are required and no new disposal sites are designated, so the project is exempt from any requirement to conform to a State Implementation Plan under 40 CFR (c)(2)(ix). Native American Tribal Treaty Rights: The Quinault Indian Nation has a reservation and Federally adjudicated off-reservation hunting and gathering rights to locations within Grays Harbor. Dredging in inner harbor reaches may be temporarily discontinued or relocated to reaches that are not being fished by Tribal fisherman during the height of gillnet fishing. Some gillnetters may be displaced by the location of the dredging barge in the navigation channel, but would be able to deploy their nets upstream or downstream of the barge and continue fishing and only de minimis reductions in fishing efficiency would occur due to dredging activities. Maintenance dredging and disposal activities would not change access to Usual and Accustomed fishing, shell fishing, or collecting areas, nor would the proposed action reduce the abundance of any harvested species. Migratory Bird Treaty Act and Executive Order Migratory Bird Habitat Protection: Maintenance dredging and disposal activities would not have any direct and deliberate negative effects to migratory birds. There would be no adverse effect on habitat and the project would only have minor and temporary effects to a small number of individual birds that may be present in the project area. No permit application for take of migratory birds is thus required. These birds are assumed to be habituated to the noise and activity of the Grays Harbor estuary. Executive Order Consultation and Coordination with Indian Tribal Governments: The Corps has engaged in regular and meaningful consultation and collaboration with the federally recognized tribes in the project area, the Chehalis Indian Tribe, the Hoh Tribe, the Quileute Indian Tribe, and the Quinault Indian Nation. Letters were sent to the Federally recognized Tribes to solicit their input prior to releasing the draft EA for public review. -7-

91 Executive Order Environmental Justice: Maintenance dredging in the Grays Harbor Federal Navigation Channel and associated aquatic disposal in dispersive sites is not expected to result in any disproportionate adverse environmental effects or impacts on the health of tribal members, or other minority/low-income populations. Executive Order Protection of Wetlands: Maintenance dredging with placement of dredged material at upland, nearshore aquatic, or multiuser openwater disposal sites would have no effect to any tidal wetlands, as dredging would maintain existing conditions and the placement sites are sufficiently distant so as not to influence any wetlands. 5. Determination. a. Results of the Environmental Analysis for the Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Disposal Project The Draft EA prepared for this project has resulted in this Draft FONSI. The project will not constitute a major Federal action significantly affecting the quality of the human environment. b. Alternatives. The Corps considered two alternatives in the draft EA for the Grays Harbor Federal Navigation Channel Maintenance Dredging Project: (1) no action, (2) the preferred alternative of dredging and disposal. The Corps rejected Alternative 1 because it would not meet the project purpose and need. Alternative 2 meets the practicability, environmental acceptability, and engineering requirements consistency components of the Federal standard. Alternative 2 is therefore the alternative that most fully implements the Federal standard. Alternative 2 represents the practice that has been followed for decades for each dredging episode. c. Individual and Cumulative Environmental Effects. The proposed episodes of maintenance dredging and placement would cause a temporary effect to biological functions and minor, temporary loss of benthic invertebrates, but would maintain authorized depths. In consideration of past developments still in existence in the Grays Harbor estuary, and the limited amount of anticipated future alterations within the estuary itself, the proposed routine maintenance dredging of the Federal navigation channel with associated disposal at the placement sites is not a significant addition to cumulative impacts in Grays Harbor and the Chehalis River. Placement of dredged material at the nearshore -8-

92 zone placement sites is a countervailing effect to the impacts of constructing jetties at the mouth of Grays Harbor. The short-term disruption of dredging is outweighed by the projected long-term benefit of providing material to the jetties to help reinforce against erosive forces and avoiding further introduction of non-native rock material into the natural beach environment, as well as provide material for the nearshore littoral and longshore drift cell. The Corps therefore concludes that there would be no significant contribution to cumulative effects associated with the proposed maintenance dredging and placement actions. d. Conditions in the Water Quality Certification. The Corps requested a water quality certification from Ecology and expects to obtain Certification prior to promulgating the FONSI. The Corps will comply with applicable conditions in the certification associated with the discharge of dredged material into the waters of the U.S. All construction work will be limited to July 16 through February 14 for mechanical dredging of the inner harbor reaches and April 1 through June 30 for hydraulic dredging of the outer (entrance portion) harbor reaches to avoid impacts to salmonids and forage fish at vulnerable life stages. e. Conditions in the CZMA General Consistency Concurrence. The Corps determined that this project is consistent to the maximum extent practicable with the enforceable policies of the approved Washington coastal management program and expects to obtain concurrence from Ecology prior to signing the FONSI. 6. Summary of Impacts and Compliance. Impacts of the work will be minor and temporary and will have a small spatial scale compared to the similar habitat area of the entire estuary and adjacent ocean beaches. It has been determined that this project may affect, but is not likely to adversely affect most species listed under the ESA; NMFS has provided a biological opinion for species and critical habitat that they concluded are likely to be adversely affected. Dredging and disposal during the approved in-water work windows will avoid and minimize impacts to fish and their prey. Estimated impacts from underwater noise to marine mammals do not rise to the level that requires a permit under the Marine Mammal Protection Act. The Corps prepared a 404(b)(1) analysis and expects to receive a Water Quality Certification from Ecology; this project will comply with Sections 401 and 404 of the CWA. The Corps prepared a consistency determination under the CZMA and expects to receive concurrence from Ecology. The project will comply with the National Historic Preservation Act and the Corps is coordinating the work with the SHPO and the Quinault Indian Nation. 7. District Engineer s Findings and Conclusions. -9-

93 I have evaluated the dredging and disposal activity in light of the public interest factors prescribed in 33 CFR 336.1(c). The following factors were evaluated as considerations potentially impacting the quality of the human environment in the accompanying draft EA and coastal zone consistency evaluation: navigation and the Federal standard, water quality, coastal zone consistency, wetlands, endangered species, historic resources, scenic values, recreational values, fish and wildlife, and application of non- Federal land use policies. No additional impacts to state/regional/local land use classifications, determinations, and/or policies are anticipated as the project will maintain a Federally authorized channel and boat basin that are already used for vessel transit and moorage. In accordance with 33 CFR 337.1(a)(14) and 325.3(c)(1), the following additional relevant factors were also considered: conservation, economics, shoreline erosion and accretion, safety, and property ownership. The selected alternative represents the least costly alternative, constituting the discharge of dredged or fill material into waters of the U.S. in the least costly manner and at the least costly and most practicable location, is consistent with sound engineering practices, and meets the environmental standards established by the CWA Section 404(b)(1) evaluation process. Execution of the selected alternative, following considerations of all applicable evaluation factors, is in the public interest. The Grays Harbor and Chehalis River navigation channel inner harbor reaches are ranked low by the Dredged Material Management Program agencies for concern for potential contamination in sediments and therefore are subject to a seven-year frequency determination for characterization of sediments. The outer reaches are ranked very low and only require testing every 10 years for grain size and total organic carbon content to ensure the exclusionary criteria are still met. At the expiration of the current suitability determinations, subsequent sampling and testing of material will be required to determine suitability. In light of a long-standing record of determinations that material to be dredged from the authorized navigation channel was suitable, the Corps expects that future testing will result in a determination of suitability for unconfined aquatic discharge. If the sediments to be dredged are not determined to be suitable, the accompanying EA will be re-evaluated and this FONSI amended as necessary prior to any subsequent maintenance dredging episodes involving the disposal of dredged material into waters of the United States. Furthermore, based on the attached EA, I have determined that the selected action will not have significant effects on the quality of the human environment and does not require preparation of an environmental impact statement. Date Mark A. Geraldi Colonel, Corps of Engineers District Commander -10-

94 Appendix B Clean Water Act Section 404(b)(1) Evaluation Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 79

95 CENWS-PMP April 2018 Grays Harbor and Chehalis River Federal Navigation Channel Maintenance Dredging and Placement Grays Harbor County, Washington Substantive Compliance for Clean Water Act, Section 404(b)(1) Evaluation 1. Introduction. The purpose of this document is to record the evaluation and findings regarding this project pursuant to Section 404 of the Clean Water Act (CWA). The following action is covered by this document: routine maintenance dredging of the Grays Harbor and Chehalis River Federal Navigation Channel from 2018 through 2033 with placement of dredged sediments at two open water placement sites, two nearshore aquatic sites, and the return water from one upland site. The Point Chehalis and South Jetty Open Water Placement sites are multiuser open-water sites. The nearshore aquatic sites are the Half Moon Bay site and the South Beach site. The Point Chehalis Revetment Extension Mitigation is an upland site. Work will be conducted at the direction of the U.S. Army Corps of Engineers (USACE). The proposed action is for maintenance dredging of an average of 3,700,000 cubic yards (CY), with a maximum volume of 4,400,000 annually from the navigation channel. Quantities have been estimated conservatively and include the amount dredged for two feet of advance maintenance plus up to 2 feet of overdepth in any dredging episode in which the need is executed. The seven reaches dredged annually include Cow Point and the Cow Point Turning Basin, Hoquiam, North Channel, Inner and Outer Crossover, South Reach, and Entrance/Point Chehalis Reach, while the remaining three reaches are dredged biennially or semi-decadal (Table 1). The in water work windows vary by reach and method of dredging and occur as follows: Inner Harbor Reaches (clamshell) South Aberdeen, Elliot Slough Turning Basin, Aberdeen, Cow Point, Cow Point Turning Basin and Hoquiam in-water work window is 16 July through 14 February North Channel, Inner, and Outer Crossover in-water work window is 1 August to 14 February Outer Harbor Reaches (hopper with or without pipeline) Outer Crossover in-water work window is 1 April to 31 May South Reach window is 1 April through 30 June Pt. Chehalis, Entrance and Bar in-water work window is 1 April to 31 May Outer Crossover Reach may be dredged by either clamshell or hopper dredge depending on the timing of execution of the dredging, the location and/or quantity of shoaling since the last maintenance event, and the availability of specific dredging equipment when needed. Whichever equipment is employed, it would adhere to the applicable work window as listed above. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 80

96 Dredging would move approximately 7,000-13,000 CY of material per day during the in-water work windows, depending on the reach. Dredge years are anticipated to be each year during the full duration of the fish work window each year. This document is intended to cover the period from 2018 to The information contained in this document reflects the findings of the project record. Specific sources of information included the following: a. Grays Harbor and Chehalis River Navigation Project, Operation and Maintenance Environmental Impact Statement, dated June b. Long Range Maintenance Dredging Program for the Grays Harbor and Chehalis River Navigation Project, Operation and Maintenance Environmental Impact Statement Supplement No. 2, dated October c. Grays Harbor, Chehalis and Hoquiam Rivers, Washington Channel Improvements for Navigation Interim Feasibility Report and Final Environmental Impact Statement, dated September d. Grays Harbor, Washington, Navigation Improvement Project Final EIS Supplement, dated February e. Revisions to Water Quality Certification/Modification #TB Extension of Point Chehalis Revetment, Washington Department of Ecology, dated August 30, f. Grays Harbor, Washington, Navigation Improvement Project Operations and Maintenance Final Environmental Assessment, 1989 Sediment Collection and Testing Program, dated February g. Dredged Material Evaluation Procedures and Disposal Site Manual, dated June Grays Harbor and Chehalis River Navigation Project, Fiscal Years h. Maintenance Dredging and Disposal Environmental Assessment, dated July i. Grays Harbor Navigation Project, Fiscal Years Maintenance Dredging and Disposal Programmatic Biological Evaluation, dated August j. Grays Harbor and Chehalis River Navigation Project, Fiscal Years 2011 and into Future Years Maintenance Dredging and Disposal Environmental Assessment, dated April k. Grays Harbor Navigation Project, Fiscal Years 2011 and into Future Years Maintenance Dredging and Disposal Programmatic Biological Evaluation, dated September l. CWA, 404(b)(1) Evaluation (see below). m. Public Interest Review (see below). This document addresses the substantive compliance issues of the Clean Water Act 404(b)(1) Guidelines [40 CFR (a)] and the Public Interest factors [using 33 CFR 320.4(a) as a reference]. 2. Description of the Proposed Discharge. The Grays Harbor and Chehalis River Federal Navigation Channel is located in southwestern Washington in Grays Harbor County, Washington. The USACE is proposing to discharge up to 4.4 million CY of dredged material annually among five placement sites around the vicinity of the navigation channel. Sediments to be dredged were tested in 2017 and approved for open water disposal and beneficial use under the Dredge Material Management Program (DMMP) guidelines. Direct in-water placement is proposed at the Point Chehalis, South Jetty, Half Moon Bay, and South Beach sites. Upland placement is proposed at the Point Chehalis Revetment Extension Mitigation site, with effluent water from the placement area to Grays Harbor comprising a Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 81

97 Section 404 discharge. Point Chehalis and South Jetty placement sites are multiuser open-water sites. Half Moon Bay and South Beach nearshore sites are located in the nearshore zone; the Point Chehalis Revetment Extension Mitigation Site is upland. Dredging is by clamshell or hopper dredge with placement by hopper, pump ashore from the hopper, or bottom dump barge, allowing direct placement of material onto nearshore sites. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 82

98 Table 1. Details of Grays Harbor Navigation Channel maintenance dredging organized by reach. VOLUME WORK SEDIMENT DREDGE CHANNEL DISPOSAL REACH (CUBIC YARDS) 1 TYPE TYPE DIMENSIONS 2 CLOSUR AREA(S) E S. Aberdeen Elliott Slough Turning Basin Aberdeen Cow Point Cow Point Turning Basin Hoquiam North Channel Inner Crossover Outer Crossover South Reach Entrance/ Point Chehalis Bar Channel ~150,000 Semi decadal ~60,000 biennially ~200,000 Semi decadal ~800,000 annually ~300,000 annually ~500,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~900,000 annually ~300,000 annually silt / sand silt / sand silt / sand sandy silt sandy silt sandy silt silty sand silty sand silty sand sand sand sand clamshell clamshell clamshell clamshell clamshell clamshell clamshell clamshell hopper or clamshell hopper hopper hopper -32 MLLW wide -32 MLLW wide -32 MLLW wide -38 MLLW wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW 350 wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW wide -40 to -46 MLLW wide -46 MLLW 900 wide South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 Pt. Chehalis or Half Moon Bay South Beach, Half Moon Bay, or Pt. Chehalis 3 South Beach, or Pt. Chehalis 3 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 31 Jul 15 Feb to 31 Jul hopper: 1 Jun to 31 Mar clamshell 15 Feb to 31 Jul 1 Jul to 31 Mar 1 Jun to 31 Mar 1 Jun to 31 Mar WORK WINDOW 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 1 Aug to 14 Feb 1 Aug to 14 Feb hopper: 1 Apr to 31 May clamshell: 1 Aug to 14 Feb 1 Apr to 30 Jun 1 Apr to 31 May 1 Apr to 31 May 1 Volumes are based on historic shoaling rates and most recent condition surveys. Actual volumes dredged may be less than those in the table. Quantities have been added to the channels that are being deepened in based on those reported in the June 2014 LRR-SEIS. Average volumes include 2 overdepth in all reaches, plus 2 advance maintenance at Cow Point and Cow Point Turning Basin. 2 Depths are authorized depths and do not include 2 advance maintenance or 2 overdepth allowance, except at South Aberdeen reach with 0 advance maintenance and 1 overdepth allowance and Elliott Slough Turning Basin with 3 advance maintenance for half of the channel. Widths are at channel bottom and do not include extra width at channel bends. 3 Adverse weather/wave relief site. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 83

99 Two multiuser unconfined open-water dredged material disposal sites are located directly adjacent to the federal navigation channel near the mouth of the Grays Harbor estuary. The multiuser open-water sites, Point Chehalis and South Jetty, are located on state-owned aquatic lands and are managed by the DMMP. Both sites are dispersive in nature. The multiuser open-water sites were designated under the authority of Section 202 of the Water Resources Development Act of 1986, Public Law , for use in the disposal of material derived from maintenance dredging activities addressed in the Interim Feasibility Report and Final Environmental Impact Statement, Grays Harbor, Chehalis, and Hoquiam Rivers, Washington, Channel Improvements for Navigation (September 1982), as supplemented by an Environmental Assessment and Finding of No Significant Impact (15 February 1990) regarding disposal of material dredged from Grays Harbor navigation channels and a Final Environmental Impact Statement Supplement, Grays Harbor Navigation Improvement Project (May 1989). The Point Chehalis and South Jetty sites were selected because current measurements indicated that material would be effectively carried westward out of the estuary and into the longshore drift cell, thus reducing the likelihood that material would be recirculated onto harbor mudflats, eelgrass beds, and oyster beds. Also, disposal of material was desirable at these sites to stem the undercutting of the South Jetty as a result of tidal scouring action (USACE, 1982). The Point Chehalis site was placed in an area with historically deep water and proven capacity for placement of dredged material. South Beach is a nearshore placement site of 1,223 acres and into the adjacent ocean waters out to -50 feet MLLW from the beach continuing down current for one mile; the project area includes the transit path between the dredging location and South Beach. South Beach nearshore site is located in the Pacific Ocean adjacent to the South Jetty and just offshore of the beach in that area. The purpose of disposal at this site is to slow erosion on the south side of the South Jetty. Material placed in the South Beach site enters the littoral transport system and helps maintain the local beaches. This site is used only for deposition of material transported via hopper dredge because ocean sea state conditions are sufficiently rough that only a hopper dredge can safely transport material to this site. The sandy dredged material is placed as close to shore as possible, generally between -35 feet and -40 feet MLLW. This location extends the residence time of dredged material in the nearshore littoral system while avoiding depositing material on productive crabbing areas. It replaces material that has been eroded by longshore currents. Up to 5,221,000 CY could be placed in the disposal site over the next 15 years with up to 600,000 CY expected to be placed per episode. The fate of the material is to become an integral part of the nearshore zone and local drift cell. Half Moon Bay nearshore site is a 93-acre placement site that extends out to -30 feet MLLW continuing down current for 1 mile, which in this case is both directions because the currents change direction with ebb and flood; the project area includes the transit path between the dredging location and Half Moon Bay. Material is placed into the Half Moon Bay nearshore site as part of the mitigation obligations of keeping the Point Chehalis Revetment Extension buried to ensure the armor stone is not exposed and to maintain a stable beach profile on the eastern shoreline of Half Moon Bay. The Half Moon Bay nearshore site is used for placement as bathymetric conditions permit for navigation of the transport vessel. Typically, the USACE uses its shallowest draft hopper dredge (MV Yaquina) but a bottom dump barge may also be used. The sandy dredged material from outer Grays Harbor is placed in the Half Moon Bay nearshore site as close to shore as possible so the material will enter the Half Moon Bay shoreline Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 84

100 environment and benefit the beach. Up to 100,000 yards could be placed yearly, as necessary, in this disposal site over the next 15 years. The fate of the material is for it to become part of the local nearshore littoral area and longshore drift cell. The upland Point Chehalis Revetment Extension Mitigation Site is located adjacent to the Half Moon Bay nearshore site. The upland site is 4.6 acres that extends out to -30 feet MLLW continuing down current for 1 mile, which in this case is both directions because the currents change direction with ebb and flood. Up to 374,000 CY could be placed in the Point Chehalis Revetment Extension Mitigation Site over the next 15 years. It is intended to maintain a stable beach profile and to ensure that the armor stone of the revetment extension is not exposed to wave action. This site is recharged when feasible with material from a hopper dredge with hydraulic pump-ashore capability. The hopper dredge transits to a mooring dolphin within Half Moon Bay and hydraulically pumps dredged material via a floating or submerged pipeline into the upland site. Another means of pumping dredged material into the Point Chehalis Revetment Extension Mitigation Site would involve a booster pump anchored in Half Moon Bay. In this case, a pipeline from a hopper dredge or a barge would be attached to the booster pump for the final push onto the adjacent upland site. For a booster pump anchored in Half Moon Bay, the project area is a one-mile radius around an anchored booster pump and extending along the pipe to the shore in Half Moon Bay and an area of 100 feet on each side of the pipe that crosses the shore to the Point Chehalis Revetment Extension Mitigation Site. At the Point Chehalis Revetment Extension Mitigation Site, the slurry of sand and water discharges to the area in front of the buried revetment at Groin A, closest to the placement site. A sand berm/perimeter dike separates the discharge area from Half Moon Bay. The slurry of water and sand temporarily ponds in the placement site, and water is conveyed via effluent pipe into Grays Harbor. Turbidity levels of discharged decant water are monitored and managed in accordance with the conditions of the CWA Section 401 water quality certification issued by the Washington Department of Ecology (Ecology). A water quality certification (#TB-98-02) extending for the life of the project (50 years) for placement of dredged material at the Point Chehalis Revetment Extension Mitigation Site was granted previously. The sandy dredged material quickly dewaters and a dozer grades the sand uniformly over the placement area. Marine-derived sandy dredged material is placed in the Point Chehalis Revetment Extension Mitigation Site located above +9 feet MLLW and is expected to subsequently erode through natural processes onto the intertidal beach area; portions of the material move farther into the nearshore zone and thus the littoral system. Excess stockpiled material may be available for use as needed to repair damage caused by storm erosion at nearby locations. 3. Project Need. Maintenance dredging of the navigation channel is needed because of the shoaling of river and ocean sediments that reduce the depth of the channel. The rate of accretion of sediment from most of the navigation channel reaches requires removal annually to achieve adequate depth for safe navigation. Deep draft ocean-going vessels are the primary users of this channel. 4. Project Purpose. The purpose of the action is to provide for safe navigation and moorage by maintaining the authorized depth of each channel reach to provide adequate depth for vessels. The purpose for placement at the two nearshore sites and one upland site is to keep estuarine sediments in the natural system for beach nourishment and for mitigation at the Point Chehalis Revetment Extension Mitigation Site. The purpose for placement at the two multiuser Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 85

101 open-water sites is to deposit dredged material into the longshore drift cell and to curtail the undercutting of the South Jetty structural navigation feature. 5. Availability of Less Environmentally Damaging Practicable Alternatives to Meet the Project Purpose. The alternatives evaluated for this project are as follows: a. Alternative 1 (No Action). The No-Action Alternative is analyzed as the future withoutproject conditions for comparison with the action alternatives. If the USACE takes no action to clear shoaling sediment from the Grays Harbor and Chehalis River channel, this would cause continued shoaling posing a risk to deep draft ocean-going vessels and restrict navigation of some tribal and recreational fishers when transiting the harbor. Eventually, deep-draft access to the harbor would be unavailable. Discontinuing the present maintenance-dredging program would cause the Grays Harbor and Chehalis River to shoal, preventing passage of most vessels. This would have significant economic effects to Grays Harbor County and southwestern Washington. This alternative would not meet the project purpose and need, but is carried forward for evaluation purposes. b. Alternative 2 Dredging and Disposal. This alternative is as described in Section 2 Project Background. The regulated placement is at the multiuser open-water sites (South Jetty and Point Chehalis) and the nearshore sites (South Beach and Half Moon Bay), as well as the runoff from material contained at upland Point Chehalis Revetment Extension Mitigation Site. Work would take place during the established in-water work windows to avoid and minimize effects to aquatic species (Table 1). c. Alternative 3 Dredging and Disposal with Additional Beneficial Use. The Grays Harbor and Chehalis River channel would be dredged to its authorized depths with allowable overdepth and advance maintenance as necessary with disposal as described in Alternative 2. Additional beneficial use opportunities are considered in Alternative 3. Without non- Federal sponsor participation, the USACE does not have the authority to undertake additional beneficial placement activities beyond what was described in Alternative 2. Non-Federal sponsor participation has not currently been identified for any of these beneficial use opportunities. Therefore, Alternative 3 cannot be carried forward for further evaluation at this time. Findings. The USACE rejected Alternative 1 because it would not meet the project purpose and need. Alternative 2 is the practicable alternative that meets the purpose and need. Alternative 2 was selected due to the opportunity to reduce risk of grounding vessels and to maintain the navigation channel in the least cost, environmentally acceptable manner. 6. Significant Degradation, Either Individually or Cumulatively, to the Aquatic Environment a. Impacts on Ecosystem Function. Habitat in and directly adjacent to the Grays Harbor navigation channel, as well as the nearshore and multiuser open-water disposal sites, will be disturbed by dredging and the disposal of dredge material. Some benthic macroinvertebrates will be killed by burial. The USACE has assessed potential effects from open-water disposal and determined that they will generally be localized to previously-disturbed areas, short in duration (occur when disposal occurs and since disposal takes only minutes per episode, the disposal site will sustain a short duration effect), and minor in spatial scope. Effects of disposal operations on salmonids, forage Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 86

102 fish, and benthic organisms will be reduced and/or avoided through implementation of timing restrictions and dredge type restrictions. Due to these measures, negative effects to the Endangered Species Act (ESA) listed species should not be significant either individually or cumulatively. NMFS concluded that Southern green sturgeon and their critical habitat and Southern eulachon are likely to be adversely affected in Grays Harbor and the USACE received a biological opinion January 26, 2018 (NMFS 2018). The USACE determined the proposed dredged material placement at the multiuser open-water sites is not likely to adversely affect any ESA-listed species or designated habitat and prepared documentation of this determination (USACE 2015). The USFWS provided a letter of concurrence July 28, 2015 (USFWS 2015) and NMFS provided a biological opinion for adverse effects to rockfish December 17, 2015 (NMFS 2015).The USACE will comply with all required conditions of the biological opinions. An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in b. Impacts on Recreational, Aesthetic and Economic Values. No significant adverse effects on recreation, aesthetics, or the economy are anticipated. Findings. The USACE has determined that there would be no significant adverse effects to aquatic ecosystem functions and values. 7. Appropriate and Practicable Measures to Minimize Potential Harm to the Aquatic Ecosystem a. Impact Avoidance Measures. The primary avoidance measure concerns the timing of inwater work and placement of dredged materials. Dredging and disposal would only occur within the allowed in-water work windows for the protection of juvenile salmon, forage fish, and Dungeness crab (Cancer magister). Another avoidance measure is to use a clamshell dredge at the inner reaches to prevent and minimize entrainment of aquatic organisms. b. Impact Minimization Measures. The number of organisms injured and killed by dredge material disposal in Grays Harbor is minimized through timing restrictions (i.e. conducting dredge operations during times when disposal of dredge material will have minimal effects on the aquatic ecosystem). c. Compensatory Mitigation Measures. Dredged material placement sites generate net benefits and thus are not considered to require compensatory mitigation. All placement sites would either compensate for shoreline erosion or contribute material to the natural Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 87

103 in-water sediment transport system. Placement of material into the Half Moon Bay nearshore site and the Point Chehalis Revetment Extension Mitigation Site is to ensure the armor stone is not exposed and a stable beach profile is maintained on the eastern shoreline of Half Moon Bay. Dredged material placed in the Half Moon Bay nearshore site prevents erosion of the beach while material placed at the South Beach nearshore site slow erosion on the south side of the South Jetty; however, both placement sites add material that becomes part of the local nearshore littoral area. In-water placement at the multiuser open-water placement sites adds material to the natural sediment transport system. Findings. The USACE has determined that all appropriate and practicable measures, including impact avoidance, minimization, and compensatory mitigation, have been taken to minimize potential harm. There are no practicably available placement alternatives that would be less costly and still be consistent with engineering and environmental requirements, while meeting the project need for placement of dredged material. 8.Other Factors in the Public Interest. a. Fish and Wildlife. The USACE is coordinating with State and Federal agencies, as well as the Quinault Tribe, to assure careful consideration of fish and wildlife resources. The USACE prepared an analysis of effects to threatened and endangered species in accordance with the ESA and has completed Section 7 ESA consultation for the proposed project. Through implementation of the proposed action and requirements of the NMFS BiOp, the USACE will assure compliance with the ESA during project implementation. b. Water Quality. The USACE will obtain a Section 401 Water Quality Certification from Ecology. The USACE will abide by the conditions in the Water Quality Certification to ensure compliance with State water quality standards when conducting activities involving discharge of dredged material into the waters of the U.S. c. Historic and Cultural Resources. Since the proposed dredging is confined to the removal of recently deposited sediments within the previously dredged channel width and depth boundaries, no historic properties will be affected by the project. d. Activities Affecting Coastal Zones. The USACE has provided a Coastal Zone Management consistency determination to Ecology that concludes the work will be consistent to the maximum extent practicable with the enforceable polices of the approved State of Washington Coastal Zone Management Program. e. Environmental Benefits. Placement of dredged materials would occur among five disposal sites depending on weather and wave conditions at the time of disposal, presence of commercial crab pots in a disposal site and/or access lane, and dredge capability to place material upland. The South Beach and Half Moon Bay nearshore sites would keep marine-derived material within the nearshore environment. The material would enhance the shoreline in each drift cell down current of the placement sites. Adding sediment to the erosional Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 88

104 zones will reduce the need for adding less natural material such as riprap for reinforcement of the navigation structures. Placement of dredged materials in the upland Point Chehalis Revetment Extension Mitigation Site is intended to maintain a stable beach profile and to ensure that the armor stone of the revetment extension is not exposed to wave action; excess stockpiled material may be available for use as needed to repair damage caused by storm erosion at nearby locations. The Point Chehalis and South Jetty multiuser open-water sites were selected because current measurements indicated that material would be effectively carried westward out of the estuary and into the longshore drift cell, thus reducing the likelihood that material would be recirculated onto harbor mudflats, eelgrass beds, and oyster beds. Also, disposal of material was desirable at these sites to stem the undercutting of the South Jetty as a result of tidal scouring action. The Point Chehalis site was placed in an area with historically deep water and proven capacity for placement of dredged material. f. Navigation. A minor, temporary disruption of navigation traffic may result from dredging and placement operations. A Notice to Mariners will be issued through the US Coast Guard District 13 office before dredging and placement operations are initiated. Disposal at the Half Moon Bay nearshore site and South Beach multiuser open-water disposal site is coordinated with commercial crab fishermen to minimize disruption to their harvest activities. The action will have an overall benefit for navigation by returning the Federal navigation channel to its authorized depth. This allows vessel entry and exit to Grays Harbor and the Chehalis River. Findings. The USACE has determined that this project is within the public interest based on review of the public interest factors. 9. Conclusions. Based on the analyses presented in the Environmental Assessment, as well as the following 404(b)(1) Evaluation and General Policies analysis, the USACE finds that this project complies with the substantive elements of Section 404 of the Clean Water Act. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 89

105 404(b)(1) Evaluation [40 CFR 230] Potential Impacts on Physical and Chemical Characteristics (Subpart C) 1. Substrate [230.20] The surface substrate at the sites consists of sandy marine-derived sediments. Dredged materials placed at these sites will be similar particle size and will integrate with the natural sediments. Placement is considered a beneficial use to nearby littoral habitat and the longshore drift cell. 2. Suspended Particulate/Turbidity [230.21] The discharge of dredged material to the multiuser open-water and nearshore disposal sites will result in a temporary increase in turbidity and suspended particulate levels in the water column. The material will rapidly sink to the bottom, while a small percentage of finer material is expected to remain in suspension. Increases in turbidity associated with placement operations will be minimal (confined to the areas in the immediate vicinity of the placement site) and of short duration (currents will disperse any suspended material within hours of placement). At the upland Point Chehalis Mitigation Site, a sand berm/perimeter dike separates the dredged material discharge area from Half Moon Bay. The slurry of water and sand temporarily ponds in the placement site, and water is conveyed via effluent pipe into Grays Harbor. Turbidity levels of discharged decant water are monitored and managed in accordance with the conditions of the CWA Section 401 water quality certification issued by Ecology. 3. Water Quality [230.22] No significant water quality effects are anticipated. The USACE will obtain a Section 401 Water Quality Certification from Ecology. The USACE will abide by the applicable conditions in the Water Quality Certification to ensure compliance with State water quality standards. No release of contaminants is expected due to the clean nature of the material. Based on the short-term, minor effects to water quality, there would be no significant impact to this resource. All of the sediments have been tested and approved for open water placement under the guidelines of the Dredged Material Management Program (DMMP) administered by the USACE, Environmental Protection Agency (EPA), Ecology, and Washington Department of Natural Resources. Any material that does not meet DMMP guidelines will be disposed of in an approved upland disposal site and thus will not affect water quality. Water from the upland Point Chehalis Mitigation site is clean water that drains from the dredged material, which has been determined suitable for aquatic disposal. Turbidity levels of discharged decant water are monitored and managed in accordance with the conditions of the CWA Section 401 water quality certification issued by Ecology. 4. Current Patterns and Water Circulation [230.23] The placement of material will not obstruct flow, change the direction or velocity of water flow/circulation, or otherwise change the dimensions of the receiving water body. 5. Normal Water Fluctuations [230.24] The placement of material will not impede normal tidal fluctuations. The receiving sites are along the shoreline of the Pacific Ocean. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 90

106 Discharged water from the Point Chehalis Mitigation site is not of a quantity that could affect water fluctuations. 6. Salinity Gradients [230.25] The placement of material will not divert or restrict tidal flows and thus will not affect salinity gradients. Potential Impacts on Biological Characteristics of the Aquatic Ecosystem (Subpart D) 7. Threatened and Endangered Species [230.30] Pursuant to Section 7 of the ESA, the USACE analyzed potential effects of placement at multiuser open-water, nearshore, and upland placement sites and runoff from the upland Point Chehalis Mitigation site on protected species. The USACE determined that the proposed maintenance dredging and dredged material placement at nearshore and upland site may affect, but is not likely to adversely affect any ESA-listed species or designated critical habitat and prepared documentation of this determination (USACE 2016). The USFWS agreed with this determination and the USACE received a letter of concurrence May 24, NMFS agreed that the proposed action is not likely to adversely affect most ESA-listed species or designated critical habitat; however, NMFS concluded that Southern green sturgeon and their critical habitat and Southern eulachon are likely to be adversely affected in Grays Harbor and the USACE received a biological opinion January 26, 2018 (NMFS 2018). The USACE determined the proposed dredged material placement at the multiuser open-water sites is not likely to adversely affect any ESA-listed species or designated habitat and prepared documentation of this determination (USACE 2015). The USFWS provided a letter of concurrence July 28, 2015 (USFWS 2015) and NMFS provided a biological opinion for adverse effects to rockfish in Puget Sound/Georgia Basin December 17, 2015 (NMFS 2015). The USACE will comply with all required conditions of the biological opinion. An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in Aquatic Food Web [230.31] Turbidity associated with placement operations may interfere with feeding and respiratory mechanisms of benthic, epibenthic, and planktonic invertebrates. Some sessile invertebrates in the navigation channel will suffer mortality from dredge operations. Species characteristics of these sites are opportunistic species, often small tube-dwelling, surface-deposit feeders that exhibit patchy distribution that varies throughout the year. Sediments would be a similar type and coarseness as those already present in the nearshore sites and the depth of the total habitat area available would not change. In a relatively short period (several months), organisms would Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 91

107 reestablish in the placement areas due to recruitment from adjacent non-disturbed areas, but the populations may not reach full maturity due to frequent material placement. Based on these factors, effects to benthic invertebrate populations and their habitat at the placement sites would be minor and discountable. Potential effects of placement operations on salmonids, forage fish, and Dungeness crabs will be reduced and/or avoided through implementation of timing restrictions and dredge type restrictions. Runoff from the upland Point Chehalis Mitigation site would have no effect to the aquatic food web. 2. Wildlife [230.32] Noise associated with placement operations may have an effect on bird and marine mammals in the project area. The effects of any sound disturbance would likely result in displacement of animals, but not injury. Increases in turbidity associated with dredged material placement could reduce visibility, thereby reducing foraging success for any animals in the area. Any reduction in availability of food would be highly localized and would subside rapidly upon completion of the placement operations. Placement operations are not expected to result in a long-term reduction in the abundance and distribution of prey items. Runoff from the upland Point Chehalis Mitigation site would have no effect to wildlife. Potential Impacts to Special Aquatic Sites (Subpart E) 1. Sanctuaries and Refuges [230.40] The proposed project will not adversely affect any designated sanctuary or refuge areas. Grays Harbor National Wildlife Refuge; two State of Washington Wildlife Recreation areas, Oyhut and Johns River; and four DNR Natural Area Preserves (NAP), Sand Island, Goose Island, North Bay, and Chehalis River Surge Plain are located in Grays Harbor, but are not in close proximity to the disposal or dredging sites. No effect to these areas is expected to result from the proposed dredging and disposal operations. One DNR NAP, Whitcomb Flats, is located near the South Reach of the navigation channel. Disposal of the dredged material is not expected to have more than a negligible impact on this NAP. 2. Wetlands [230.41] Dredged material will not be discharged in wetlands. Use of the designated placement sites will not alter the inundation patterns of wetlands in the project area. Runoff from the upland Point Chehalis Mitigation site will have no effect to any wetlands. 3. Mudflats [230.42] Dredged material will not be discharged onto mudflats. Use of the designated placement sites will not alter the inundation patterns of nearby mudflats. 4. Vegetated Shallows [230.43] Dredged material will not be discharged onto or directly adjacent to vegetated shallows. Under some tidal and weather conditions, a disposal plume of fine sediment fractions may travel over vegetated shallows. A minor increase such as this is likely not measureable compared to the relative contribution of suspended sediments from the tributaries of Grays Harbor. 5. Coral Reefs [230.44] Not applicable. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 92

108 6. Riffle and Pool Complexes [230.45] Not applicable. Potential Effects on Human Use Characteristics (Subpart F) 1. Municipal and Private Water Supplies [230.50] Not applicable. 2. Recreational and Commercial Fisheries [230.51] Tribal commercial and subsistence fisheries and non-tribal fisheries are popular activities in Grays Harbor near the disposal sites. Anglers fish for salmon, rockfish, lingcod, and surf perch, and also go clam digging and crabbing. Channel maintenance work occurs during established in-water work windows to avoid fishing seasons and critical salmonid migration periods. Previous surveys at the Half Moon Bay nearshore site have not found crab densities that exceed WDFW guidance for material placement. Any crabs present would be expected to easily escape from or avoid material placed and would be expected to recolonize the area within a relatively short period of time. Maintenance dredging would keep the channel open and navigable for fishing vessels to launch and access fishing and shellfishing locations. 3. Water-related Recreation [230.52] Recreation opportunities in the project area are primarily boating, surfing, beachwalking, and fishing. Only temporary disruptions to beachwalking at the upland Point Chehalis Mitigation site would occur while placement is in progress, and runoff will have no effect to water-related recreation. The project would have no permanent detriment to recreation. 4. Aesthetics [230.53] Dredge and disposal operations would not alter the appearance of the project area. Localized, temporary increases in noise and turbidity will occur while equipment is operating, but are not expected to be significant. The placement of material upland at the Point Chehalis Mitigation site would cause a slight decrease to the aesthetic value of these specific location due to the change from a natural beach slope to an artificial shape of graded sand material. However, this impact would be minor in spatial scale and temporary for only the few weeks it takes for tides and wind to shape the sand. 5. Parks, National and Historic Monuments, National Seashores, Wilderness Areas, Research Sites, and Similar Preserves [230.54] The area surrounding Grays Harbor contains Westhaven State Park, Johns River State Wildlife Area, Grays Harbor National Wildlife Refuge, Elk River Natural Resources Conservation Area, and other green spaces. No changes to any of these or similar resources are anticipated to result from placement. Evaluation and Testing (Subpart G) 1. General Evaluation of Dredged or Fill Material [230.60] The sediment from the outer reaches is predominantly (97-100%) coarse, sandy material and sediment from the inner reaches had grain sizes that ranged from % coarse material and the remainder mostly silt and some clay. The areas to be dredged were tested in 2017 in accordance with DMMP guidelines and all material is within those guidelines for placement in the nearshore zone. The areas to be dredged would be tested again in accordance with DMMP guidelines when the current sediment suitability determination expires in August 2024 for the inner reaches and August 2027 for the outer reaches. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 93

109 Chemical, Biological, and Physical Evaluation and Testing [230.61] The sediments in the footprint of the proposed dredging areas have undergone testing conducted in accordance with DMMP procedures. The material in the dredge area met DMMP guidelines and is suitable for open-water and nearshore placement based on the history of suitability determinations at this site and testing in The areas to be dredged would be tested again in accordance with DMMP guidelines when the current sediment suitability determination expires in August 2024 for the inner reaches and August 2027 for the outer reaches. Action to Minimize Adverse Effects (Subpart H) 1. Actions Concerning the Location of the Discharge [230.70] The effects of the discharge are minimized by the choice of placement sites. The placement sites have been designated for dredged material discharge. The discharge will not disrupt tidal flows. The location of the proposed discharge has been planned to minimize negative effects to the environment. 2. Actions Concerning the Material to be Discharged [230.71] Concentrations of chemicals of concern in the materials to be discharged are low, therefore no treatment substances nor chemical flocculates will be added before placement. The potency and availability of any pollutants present in the dredged material will remain unchanged. 3. Actions Controlling the Material after Discharge [230.72] No containment levees or capping are necessary because the clean material is intended to serve as nearshore littoral zone nourishment and has been approved for open-water disposal. Clean water will be decanted from a settling pond constructed with sand berms at the upland Point Chehalis Mitigation Site for discharge to Grays Harbor. 4. Actions Affecting the Method of Dispersion [230.73] The placement sites have been selected by making beneficial use of currents and circulation patterns to predict the direction of dispersion of the discharge. 5. Actions Related to Technology [270.74] Appropriate machinery and methods of transport of the material for discharge will be employed. All machinery will be properly maintained and operated. 6. Actions Affecting Plant and Animal Populations [270.75] The USACE has coordinated with the local Native American Tribe and the State and Federal resource agencies to assure there will be no greater than minimal effects to plant, fish, and wildlife resources. Previous surveys at Half Moon Bay nearshore site have found low numbers of Dungeness crab present during disposal times. ESA consultation with NMFS and USFWS has been completed regarding effects from dredge and dredged material placement operations, and the USACE will comply with all required conditions of the biological opinions (NMFS 2015; USFWS 2015; USFWS 2017; NMFS 2018). An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 94

110 hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in Actions Affecting Human Use [230.76] The discharge will not result in damage to aesthetic features of the aquatic landscape. The discharge will not increase incompatible human activity in fish and wildlife areas. 8. Other actions [230.77] Not applicable. Application by Analogy of the General Policies for the Evaluation of Public Interest [33 CFR 320.4, used as a reference] 1. Public Interest Review [320.4(a)] The USACE finds these actions to be in compliance with the 404(b)(1) guidelines and not contrary to the public interest. 2. Effects on Wetlands [320.4(b)] No wetlands will be altered by the placement of material from dredging operations. 3. Fish and Wildlife [320.4(c)] The USFWS and NMFS were consulted to ensure that direct or indirect loss and damage to fish and wildlife resources attributable to dredging and disposal operations will be minimized. Consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS 2015; USFWS 2017) has been completed and a biological opinion from NMFS has been received (NMFS 2015; NMFS 2018). The USACE will comply with all required conditions of the biological opinion. An implementation plan for compliance with the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in Water Quality [320.4(d)] The USACE will obtain a Section 401 Water Quality Certification from Ecology. The USACE will abide by the conditions in the Water Quality Certification to ensure compliance with State water quality standards when conducting activities involving discharge of dredged material into the waters of the U.S. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 95

111 5. Historic, Cultural, Scenic, and Recreational Values [320.4(e)] The USACE is currently consulting with affected Tribes and the State Historic Preservation Officer. The proposed project is expected to have no historic properties affected. No wild and scenic rivers, historic properties, National Landmarks, National Rivers, National Wilderness Areas, National Seashores, National Recreation Areas, National Lakeshores, National Parks, National Monuments, estuarine and marine sanctuaries will be adversely affected by the proposed work. 6. Effects on Limits of the Territorial Sea [320.4(f)] Not applicable. 7. Consideration of Property Ownership [320.4(g)] Not applicable. 8. Activities Affecting Coastal Zones [320.4(h)] The USACE has determined that the project will be consistent to the maximum extent practicable with the enforceable polices of the approved State Coastal Zone Management Program and has prepared a consistency determination in compliance with the Coastal Zone Management Act. 9. Activities in Marine Sanctuaries [320.4(i)] There are no marine sanctuaries in the project or placement areas. Olympic Coast National Marine Sanctuary is approximately 15 miles north of the mouth of Grays Harbor. No effects of the project are expected to extend to the Sanctuary. 10. Other Federal, State, or Local Requirements [320.4(J)] a. National Environmental Policy Act. A draft Environmental Assessment (EA) is being prepared to satisfy the requirements of NEPA. b. Endangered Species Act. In accordance with Section 7(a)(2) of the Endangered Species Act of 1973, as amended, federally funded, constructed, permitted, or licensed projects must take into consideration impacts to federally listed threatened or endangered species. Pursuant to Section 7 of the ESA, the USACE analyzed potential effects of dredge operations and placement among the five placement sites and runoff the upland Point Chehalis Mitigation site on protected species. The USACE determined that the proposed maintenance dredging and dredged material placement at nearshore and upland sites may affect, but is not likely to adversely affect any ESAlisted species or designated critical habitat and prepared documentation of this determination (USACE 2016). The USFWS agreed with this determination and the USACE received a letter of concurrence May 24, NMFS agreed that the proposed action is not likely to adversely affect most ESA-listed species or designated critical habitat; however, NMFS concluded that Southern green sturgeon and their critical habitat and Southern eulachon are likely to be adversely affected in Grays Harbor and the USACE received a biological opinion January 26, 2018 (NMFS 2018). The USACE determined the proposed dredged material placement at the multiuser open-water sites is not likely to adversely affect any ESA-listed species or designated habitat and prepared documentation of this determination (USACE 2015). The USFWS provided a letter of concurrence July 28, 2015 (USFWS 2015) and NMFS provided a biological opinion for adverse effects to rockfish December 17, 2015 (NMFS 2015). The USACE will comply with all required conditions of the biological opinions. An implementation plan for compliance with Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 96

112 the reasonable and prudent measures of the NMFS biological opinion (NMFS 2018) is being prepared in coordination with NMFS. Included in the implementation plan is the monitoring and reporting of take during hopper dredge operations, which requires a trained observer, outfitting the hopper dredge with a monitoring structure, and a system for recording and submitting dredging logs to NMFS. The biological opinion was received January 26, It was not feasible to begin monitoring and reporting of take during hopper dredge operation in April 2018 because outfitting the hopper dredge with the aforementioned preparations includes contracting a trained observer, industry research for a monitoring structure, and other logistical constraints that require several months of planning. Monitoring and reporting of take during hopper dredge operation in Grays Harbor will begin in c. Clean Water Act. The USACE must demonstrate compliance with the substantive requirements of the Clean Water Act. This document records the USACE s evaluation and findings regarding this project pursuant to Section 404 of the Act. The USACE has sought a Section 401 Water Quality Certification from Ecology. The USACE will abide by the conditions in the Water Quality Certification to ensure compliance with State water quality standards when conducting activities involving discharge of dredged material into the waters of the U.S. d. Coastal Zone Management Act. The Coastal Zone Management Act of 1972 (CZMA), as amended, requires federal agencies to carry out their activities in a manner that is consistent to the maximum extent practicable with the enforceable policies of the approved Coastal Zone Management Program. The USACE has submitted a CZMA consistency determination for the Grays Harbor navigation channel maintenance program; this document demonstrates that the Corps has determined that the proposed work will be consistent to the maximum extent practicable with the enforceable policies of the approved State Program. e. Marine Protection, Research, and Sanctuaries Act. Section 102 of the Marine Protection, Research, and Sanctuaries Act (MPRSA) authorizes the EPA to promulgate ocean dumping criteria and designate ocean disposal sites. This project will not involve ocean disposal of dredged material. f. National Historic Preservation Act. The National Historic Preservation Act (16 USC 470) requires that the effects of proposed actions on sites, buildings, structures, or objects included or eligible for the National Register of Historic Places must be identified and evaluated. The USACE has initiated consultation with the Washington SHPO and the Quileute Tribe. The USACE has determined no historic properties would be affected. g. Fish and Wildlife Coordination Act. The Fish and Wildlife Coordination Act (16 USC 470) requires that wildlife conservation receive equal consideration and be coordinated with other features of water resource development projects. A Fish and Wildlife Coordination Act Report (FWCA) is not required for the proposed placement of sediments because the FWCA does not apply to operations and maintenance activities on existing projects. 11. Safety of Impoundment Structures [320.4(k)] Not applicable. 12. Floodplain Management [320.4(l)] Placement operations will not alter any floodplain areas. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 97

113 13. Water Supply and Conservation [320.4(m)] Not applicable. 14. Energy Conservation and Development [320.4(n)] Not applicable. 15. Navigation [320.4(o)] This project will maintain the navigability of the Grays Harbor and Chehalis River Navigation Channel. The placement activities will not impede navigation. 16. Environmental Benefits [320.4(p)] Clean, sandy material dredged from the outer reaches will be used beneficially to maintain a stable beach profile in Half Moon Bay and to minimize shoreline erosion along South Beach. 17. Economics [320.4(q)] Maintaining the navigation channel and placing material within the nearshore ecosystem at the project site is an economic benefit for the local community. This project maintains efficient and safe navigation within Grays Harbor for import and export through the Port of Grays Harbor. USACE has determined that this project is economically justified. 18. Mitigation [320.49(r)] Potential impacts of dredging and disposal operations on salmonids will be avoided through implementation of timing restrictions. For the protection of bull trout and juvenile salmon, no inner harbor dredging will occur between February 15 and July 15. The number of aquatic organisms injured and killed in dredge equipment operating in Grays Harbor will be reduced through timing restrictions and the use of clamshell dredges, which entrain significantly fewer organisms than hydraulic dredges, as well as dredging the minimum amount necessary for navigation needs. Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 98

114 Appendix C Coastal Zone Management Act General Consistency Determination Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 99

115 COASTAL ZONE MANAGEMENT ACT CONSISTENCY DETERMINATION Grays Harbor and Chehalis River Navigation Channel Dredging and Disposal Grays Harbor County, Washington Submitted by the U.S. Army Corps of Engineers, Seattle District April 2018

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117 1 INTRODUCTION AND PROJECT DESCRIPTION The Coastal Zone Management Act of 1972, as amended, requires Federal agencies to carry out their activities in a manner which is consistent to the maximum extent practicable with the enforceable policies of the approved state Coastal Zone Management (CZM) Programs. The Shoreline Management Act of 1972 (SMA; RCW 90.58) is the core of Washington's CZM Program. Primary responsibility for the implementation of the SMA is assigned to the local government. According to 15 CFR Ch. IX , the Federal Government is directed to ensure that all Federal agency activities including development projects affecting any coastal use or resource will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of approved management programs. The Grays Harbor and Chehalis River Maintenance Dredging and Disposal project occurs within the coastal zone governed by multiple municipalities including Grays Harbor County and the cities of Aberdeen, Cosmopolis, Hoquiam, Ocean Shores, and Westport. Maintenance dredging and disposal are activities undertaken by a Federal agency; the following constitutes a Federal consistency determination with the enforceable provisions of the Washington Coastal Zone Management Program. 1.1 Authority Improvements at Grays Harbor and the bar entrance were first authorized in the Rivers and Harbors Act of 1896 (54th Congress, Session 1). The Grays Harbor and Chehalis River project was adopted 30 August 1935 (74th Congress, Session 1). The 1935 Rivers and Harbors Act combines former projects "Grays Harbor and Bar entrance" and Grays Harbor, Inner Portion and Chehalis River, adopted by Acts of 3 June 1896, 2 March 1907, 25 June 1910, 8 August 1917, 21 January 1927, and 3 July 1930, and modified 2 March 1945, 30 June 1948, and 3 September More recently, dredging the navigation channel to 38 feet mean lower low water (MLLW) was authorized as the Navigation Improvement Project by Congress in Section 202 of the Water Resources Development Act of 1986 (Public Law ). However, only three outer reaches were deepened to their authorized depths at that time; execution of deepening of the remainder of the reaches was initiated in 2016 after a Limited Reevaluation Report and Supplemental Environmental Impact Statement (LRR-SEIS) was completed in The Corps completed the channel deepening in Action Area Grays Harbor is located 50 miles west of the city of Olympia on the southwest coast of Washington, approximately 110 miles south of the entrance to the Strait of Juan de Fuca and 45 miles north of the mouth of the Columbia River (Figure 1). The navigation channel is divided into nine distinct reaches and traverses the harbor ( Figure 2). The action area includes the Grays Harbor and Chehalis River navigation project in Grays Harbor, Washington, including five dredged material placement sites: two subtidal nearshore aquatic sites, one upland site (Figure 3), and two multiuser open-water sites (Figure 4). Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

118 1.3 Background The navigation channel is divided into nine distinct reaches and traverses the harbor, providing shipping access between the Pacific Ocean and the Port of Grays Harbor and facilities at the lower reaches of the Chehalis River where the cities of Aberdeen, Hoquiam, and Cosmopolis are located. The authorized project at Grays Harbor includes the following navigation features: Navigation channel from deep water including an entrance across the bar in Grays Harbor to Cow Point; the maintained length is 23.5 miles Cow Point and Elliott Slough Turning basins South Jetty 13,374 feet long, elevation +16 feet MLLW North Jetty 17,200 feet long, elevation +16 feet MLLW Point Chehalis revetment and groins The breakwater at Westhaven Cove Marina Routine maintenance channel dredging includes two feet of allowable overdepth and may include two feet of advance maintenance depth. Table 1 provides the average quantities, frequency, duration for dredging each reach of the channel, and channel authorized dredged prism dimensions. The proposed action in the following consistency determination is only for maintenance dredging and disposal of the Grays Harbor and Chehalis River navigation channel and does not include work on any other features of the Federal project. Consistency determinations for maintenance dredging and disposal, as well as for the Grays Harbor Navigation Improvement Project, have been submitted for Ecology review in recent years. A consistency determination was prepared for fiscal year (FY) maintenance dredging and disposal and review was requested, but Ecology did not require concurrence because the project had been issued Federal Consistency in the past and the project details had not changed (June 27, 2012). A consistency determination for the Grays Harbor Navigation Improvement Project that deepened the navigation channel was submitted in January 2014 and, pursuant to 15 CFR (a) and 33 CFR 336.1(b)(9)(iv), the Corps presumed Ecology s concurrence that the proposed action was consistent with the enforceable provisions of the State s Coastal Zone Management Program. 2 PURPOSE The purpose of the project is to maintain congressionally authorized project depths to provide safe navigation and wide turning areas for large ships while they traverse Grays Harbor from the Pacific Ocean to the Port of Grays Harbor and facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis. 3 PROPOSED ACTIONS The U.S. Army Corps of Engineers (USACE) proposes to maintenance dredge the Grays Harbor and Chehalis River channel to its authorized depths, plus any authorized overdepth or advanced Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

119 maintenance as necessary from 2018 to Maintenance dredging is conducted with mechanical (clamshell) or hydraulic (hopper with or without pipeline) dredges. The inner harbor (Outer Crossover Reach and eastward) is mechanically dredged with a clamshell dredge and the outer harbor (Outer Crossover Reach and westward) are hydraulically dredged with a hydraulic dredge (with or without pipeline). A hopper dredge with pump-ashore capability may be utilized to place dredged material via pipeline in the upland Point Chehalis Revetment Extension Mitigation Site when needed. The average volume anticipated to be dredged annually is up to 3,700,000 cubic yards (cy) and the maximum volume is 4,400,000 cy. Quantities have been estimated conservatively for environmental impacts analysis and include the amount dredged for two feet of advance maintenance in any dredging episode in which the need is executed. The seven reaches dredged annually include Cow Point and Turning Basin, Hoquiam, North Channel, Inner and Outer Crossover, South, Entrance/Point Chehalis, and Bar Reaches. The other reaches are dredged less frequently, depending on channel conditions, funding and navigation needs. The proposed action uses in-water work windows that vary by reach and method of dredging and occur as follows: Inner Harbor Reaches (clamshell) South Aberdeen, Elliot Slough Turning Basin, Aberdeen, Cow Point, Cow Point Turning Basin and Hoquiam in-water work window is 16 July through 14 February North Channel, Inner, and Outer Crossover in-water work window is 1 August to 14 February Outer Harbor Reaches (clamshell, hopper with or without pipeline) Outer Crossover in-water work window is 1 April to 31 May South Reach window is 1 April through 30 June Pt. Chehalis, Entrance and Bar in-water work window is 1 April to 31 May (or 1 August through 14 February if clamshell dredge is used) Outer Crossover Reach may be dredged by either clamshell or hopper dredge depending on the timing of execution of the dredging, the location and/or quantity of shoaling since the last maintenance event, and the availability of specific dredging equipment when needed. Whichever equipment is employed, it would adhere to the applicable work window as listed above. Placement Sites Disposal would occur among five sites: two subtidal nearshore aquatic sites and one upland site (Figure 3) and two open-water placement sites (Figure 4). Dredged material has been approved for open-water disposal (DMMP 2018). Sediment from the outer harbor reaches (Entrance, Bar, Point Chehalis, and South Reaches) consists mainly of coarse-grained material in a high-energy environment, geographically removed from sources of contamination, and thus meets exclusionary criteria (40 CFR ) that precludes chemical testing. The outer reaches are ranked very low for contamination concerns and only require testing every 10 years for grain size and total organic carbon content to ensure the exclusionary criteria are still met. Results of chemical analyses were compared to Washington State Sediment Management Standards as an indicator of potential suitability for in-water beneficial use. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

120 Based on this analysis, all material within the currently authorized channel is also considered potentially suitable for in-water beneficial use. Potentially suitable material means only that the DMMP has tested material for in-water chemical suitability; a given project may require specific grain sizes or other characteristics to be appropriate for a given use. Material from the outer harbor reaches has similar physical composition as the surrounding beaches and nearshore environments and could be placed at any of the five placement sites. Sediment from the inner harbor reaches is ranked low and requires a full sediment characterization every 7 years. All of the rapidly accumulating maintenance material of the inner harbor reaches has passed chemical and biological evaluations in the past 25 years of testing and has been found suitable for open-water disposal. The earliest suitability determination on record is from 1992 where inner harbor sediments were approved for estuarine (i.e., nearshore aquatic) or ocean unconfined open-water disposal. Disposal of inner harbor sediment would be in either of the two multi-user open-water placement sites (Point Chehalis or South Jetty). Disposal site selection during the course of maintenance dredging is based on several factors, including the following: location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. Dredged material placed in the nearshore disposal sites is typically dredged and transported via hopper dredge, but could on occasion be dredged and transported via bottom dump barge where tugs move the bottom dump barges to and from the aquatic beneficial disposal sites. The USACE places material at two nearshore and one upland site in Grays Harbor. Two of these sites are subtidal nearshore zone (Half Moon Bay and South Beach) and one is upland at the Point Chehalis Revetment Extension Mitigation site. Material placed in these sites is outer harbor material derived from marine sources. The purpose of placement at the Half Moon Bay and Point Chehalis Revetment Extension Mitigation sites is to maintain a stable beach profile west of the Point Chehalis revetment extension constructed in 1999 and to ensure that the armor stone toe of the revetment extension is not exposed to wave action. Material placed in the South Beach nearshore aquatic site returns material to the nearby longshore drift system. The purpose of placement at this site is to slow beach erosion on the south side of the South Jetty resulting from the interruption of longshore sediment transport by the two jetties at the mouth of Grays Harbor. South Beach Site South Beach beneficial use site is located in the Pacific Ocean adjacent to the South Jetty and just offshore of the beach in that area. Dredged material placed in the South Beach site enters the littoral transport system and helps maintain the local beaches. The purpose of placement in this site is to slow Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

121 erosion on the south side of the South Jetty. Dredged material placed at this site adds to and benefits the longshore drift system. This site is used only for dredged material placement transported via hopper dredge. Hopper dredges are designed to safely transport dredged material to this site due to energetic ocean marine conditions and weather. The sandy dredged material is placed as close to shore as possible, generally between -35 feet and -40 feet MLLW. This location extends the residence time of dredged material in the nearshore littoral system. It replaces material that has been eroded by longshore currents. The area of this placement site totals 1,223 acres. Up to 5,221,000 CY can be placed in the disposal site over the next 25 years with up to 600,000 CY expected to be placed per episode. The fate of the material is to become an integral part of the nearshore zone and local drift cell. The project area for the South Beach nearshore placement site is the 1,223 acres of the disposal site and into the adjacent ocean waters out to -50 feet MLLW from the beach continuing down current for one mile as well as the transit path between the dredging location and South Beach. Half Moon Bay Site Dredged material placed in the Half Moon Bay beneficial use site enhances the nearshore area of Half Moon Bay. The Half Moon Bay nearshore nourishment site is used for placement as bathymetric conditions permit (i.e., when the bay is deep enough for bottom-dump barges or hopper dredges to navigate). Typically, the USACE uses its hopper dredge, MV Yaquina, to place material in the Half Moon Bay nearshore site. Dredged material is placed so that this sandy material will be transported, via natural processes, to the adjacent subtidal and intertidal areas inside Half Moon Bay to assist in maintaining a stable beach profile. The area of this placement site totals 93 acres. Up to 100,000 yards could be placed yearly, as necessary, in this placement site in each of the next 25 years. Material can be transported to this site by either hopper dredge or bottom dump barge, but hopper dredge is the typical transport vehicle. The fate of the material is for it to become part of the local nearshore littoral area and longshore drift cell. The project area for the Half Moon Bay disposal site is the 93-acre placement site and out to -30 feet MLLW continuing down current for 1 mile, which in this case is both directions because the currents change direction with ebb and flood; the project area includes the transit path between the dredging location and Half Moon Bay. Point Chehalis Revetment Extension Mitigation Site The Point Chehalis Revetment Extension Mitigation Site is located in uplands adjacent to and east of Half Moon Bay and above the mean higher high water (MHHW) elevation (+9 feet MLLW at this location), but sand from the site erodes into Half Moon Bay during high tide and storm events. It is intended to be the source material site used to maintain a stable beach profile, to ensure that the armor stone of the revetment extension is not exposed to wave action, and to rebury the revetment extension when it becomes exposed. This site is recharged, when feasible, with material from a hopper dredge with hydraulic pump-ashore capability. The hopper dredge transits to a mooring dolphin within Half Moon Bay and hydraulically pumps dredged material via a floating or submerged pipeline into the Point Chehalis Revetment Extension Mitigation site. The slurry of sand and water discharges to the area in Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

122 front of the buried revetment. A sand berm/perimeter dike separates the discharge area from Half Moon Bay. The slurry of water and sand temporarily ponds in the placement site, and water is conveyed via effluent pipe into Grays Harbor. Turbidity levels of discharged decant water are monitored and managed in accordance with the conditions of the Clean Water Act Section 401 water quality certification issued by the Washington State Department of Ecology (Ecology). The sandy dredged material quickly dewaters and a dozer grades the sand uniformly over the placement area. Marinederived sandy dredged material is placed in the Point Chehalis Revetment Extension Mitigation site located above +9 feet MLLW and is expected to subsequently erode through natural processes onto the intertidal beach area; portions of the material move farther into the nearshore zone and thus the littoral system. Excess stockpiled material may be available for use as needed to repair damage caused by storm erosion at nearby locations. Another means of pumping dredged material into the Point Chehalis Revetment Extension Mitigation site would involve a booster pump anchored in Half Moon Bay. In this case, a pipeline from a hopper dredge or a barge would be attached to the booster pump for the final push onto the adjacent upland site. The project area is the 4.6-acre Point Chehalis Revetment Extension Mitigation site and out to -30 feet MLLW continuing down current for 1 mile, which in this case is both directions because the currents change direction with ebb and flood. The approximate physical capacity of the Point Chehalis Revetment Mitigation site is 150,000 CY, so up to about 150,000 CY could be placed in a given year depending on the site capacity at that time, with up to 374,000 CY that could be placed in the upland site over the next 25 years. For a booster pump anchored in Half Moon Bay, the project area is a one-mile radius around an anchored booster pump and extending along the pipe to the shore in Half Moon Bay and an area of 100 feet on each side of the pile that crosses the shore to the Point Chehalis Revetment Extension Mitigation site. Multiuser Open-Water Sites Two multiuser unconfined open-water dredged material disposal sites are located directly adjacent to the Federal navigation channel near the mouth of the Grays Harbor estuary (Figure 4). The multiuser open-water sites, Point Chehalis and South Jetty, are located on state-owned aquatic lands. Both sites are dispersive in nature. These sites were designated under the authority of Section 202 of the Water Resources Development Act of 1986, Public Law , for use in the disposal of material derived from maintenance dredging activities addressed in the Interim Feasibility Report and Final Environmental Impact Statement, Grays Harbor, Chehalis, and Hoquiam Rivers, Washington, Channel Improvements for Navigation (September 1982), as supplemented by an Environmental Assessment and Finding of No Significant Impact (February 1990) regarding disposal of material dredged from Grays Harbor navigation channels and a Final Environmental Impact Statement Supplement, Grays Harbor Navigation Improvement Project (May 1989). Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

123 The Point Chehalis and South Jetty sites were selected because current measurements indicated that material would be effectively carried westward out of the estuary and into the longshore drift cell, thus reducing the likelihood that material would be recirculated on to harbor mudflats, eelgrass beds, and oyster beds. Additionally, disposal of material was desirable at these sites to stem the undercutting of the South Jetty as a result of tidal scouring action (USACE 1982). The Point Chehalis site was placed in an area with historically deep water and proven capacity for placement of dredged material. 4 JURISDICTION AND CONSISTENCY REQUIREMENTS The determination of this action s consistency with the Coastal Zone Management Act is based upon review of Washington s CZMP, Managing Washington s Coast: Washington State s Coastal Zone Management Program (Ecology Publication , February 2001); the Washington Administrative Code (WAC) Shoreline Management Act Titles; and the policies and standards of the adopted Grays Harbor County Shoreline Master Program (SMP), City of Westport SMP, City of Ocean Shores SMP, City of Aberdeen SMP, City of Cosmopolis SMP, and City of Hoquiam SMP. There is a Grays Harbor Estuary Management Plan developed by the Grays Harbor Regional Planning Commission, but it is not a shoreline management plan. The document states the planning commission does not have the authority to adopt or enforce the plan since it is a planning and coordinating agency. Furthermore, the document states each city and the county have incorporated the plan into their policies, review criteria, Shoreline Master Programs, and comprehensive plans as appropriate. Applicable sections of each plan appear below, with the USACE consistency indicated in bold italics CONSISTENCY REQUIREMENTS The USACE is seeking State concurrence with the Coastal Zone Management Act (CZMA) Consistency Determination for the proposed maintenance dredging and disposal of the Grays Harbor and Chehalis River Federal Navigation Channel from Ecology per CZMA Section 307 (c) and 15 CFR (a) & (b). Under Washington s program, Federal projects that would affect land use, water use, or natural resources strive to demonstrate consistency with the policies of these six laws. Each of these laws is addressed below State Environmental Policy Act (SEPA) The proposed action is a Federal action subject to the National Environmental Policy Act (NEPA), but not SEPA as there is no State action to be taken for this project. The USACE is preparing a NEPA Environmental Assessment addressing the environmental impacts of the proposed O&M dredging and disposal between 2018 and We anticipate that we would issue the final EA later in 2018 and hope to demonstrate NEPA compliance via a Finding of No Significant Impact (which would be consistent with NEPA compliance we ve completed for prior multiyear EAs addressing O&M dredging and disposal) Clean Water Act (CWA) Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

124 The CWA requires Federal agencies to protect waters of the United States. The Act disallows the placement of dredged or fill material into waters unless it can be demonstrated there are no practicable alternatives to meet the need for the proposal. The USACE prepared a 404(b)(1) evaluation to document findings regarding this project pursuant to Section 404 of the Act. The USACE will prepare and distribute a Section 404 public notice for public comment as part of a Draft Environmental Assessment prepared for this project. Dredged material will be discharged at an approved open-water disposal site or nearshore aquatic site. No wetlands would be affected by the project. Water Quality Certification under Section 401 of the Act for discharges of dredged or fill material into the waters of the U.S. assures compliance with state water quality standards. The USACE is pursuing a 401 Water Quality Certification from Ecology and will comply with all applicable requirements and conditions. This certification will be obtained prior to the finalization of the EA Clean Air Act Section 176 of the Clean Air Act (CAA), 42 USC 7506(c), prohibits Federal agencies from approving any action that does not conform to an approved state or Federal implementation plan. Maintenance dredging and disposal activities will occur in an attainment zone, therefore de minimus thresholds and conformity determination requirements due not apply [40 CFR (c)(2)(ix)] Ocean Resources Management Act The proposed action includes sites at the mouth of and within Grays Harbor on the Pacific Ocean. The enforceable policies of Chapter RCW apply to coastal waters of the Pacific Ocean from three miles seaward to the boundary of the 200-mile exclusive economic zone. The proposed action consists of maintenance dredging and disposal activities for safe transit to and from the Grays Harbor. There will be no significant long-term impacts to coastal or marine resources or uses, particularly in Grays Harbor County where special protection is provided. Therefore, the proposed action is in compliance with this Act Energy Facility Site Evaluation Council The proposed project does not involve siting of energy facilities in the State of Washington and does not apply to the proposed action Shoreline Management Act The determination of consistency with the CZMA for this proposed action is based on review of the policies and standards of the Shoreline Management Plans for the Cities of Aberdeen, Cosmopolis, Hoquiam, Ocean Shores, and Westport, as well as Grays Harbor County, Washington, as defined in RCW and WAC Chapter Applicable sections of each plan appear below with details on how the USACE proposed maintenance dredging and disposal activities are consistent with each in bold italics. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

125 5 CONSISTENCY DETERMINATION 5.1. CITY OF WESTPORT SHORELINE MASTER PROGRAM The City of Westport implemented the SMA through preparation of a SMP (Title 17- Westport Zoning Ordinance, Chapter 17.32), adopted April 28, The SMP was updated May 15, The City of Westport SMP includes goals, policies, and regulations. Goals provide the basis for the more detailed SMP shoreline use environments, policies, regulations, and administrative procedures. Policies are broad statements of intention. Regulations are requirements that are necessary to implement the policies. Together they provide direction and context for the specific policies and regulations in the Program. The City of Westport SMP describes the shoreline environment designations that are applied to each shoreline reach. According to RCW , the city s shoreline jurisdiction extends offshore to the three-mile territorial limit of the state in the Pacific Ocean and to the middle of the marine channel between the cities of Ocean Shores and Westport and extends to the middle of Grays Harbor. The Half Moon Bay nearshore and direct beach disposal sites and the South Beach disposal site fall under the jurisdiction of this plan, as well as all navigation channel reaches from the middle of Grays Harbor and west. Waterward of the ordinary high water mark (OHWM) along Half Moon Bay is designated as Aquatic, while landward of the OHWM is designated as High Intensity for the northern half of the beach and Urban Conservancy for the southern half of the beach. The South Beach disposal site is within the Aquatic and Urban Conservancy areas. Each relevant section of the City of Westport SMP appears below with the USACE description of how the proposed Federal action is consistent with the code in bold italic text. 3. SHORELINE ENVIRONMENT 3.1 SHORELINE ENVIRONMENT DESIGNATION SYSTEM AQUATIC A. Purpose The purpose of the Aquatic shoreline environment designation is to protect, restore, and manage the unique characteristics and resources of shoreline jurisdiction waterward of the OHWM outside of the Westport Marina in the Westhaven Cove. Consistent. Dredging the reaches within Grays Harbor and the Chehalis River to authorized depths within the established project footprint does not constitute new development. Dredging and material placement will occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Aquatic shoreline environment designation shall be consistent following policies: with the 4. Minimize interference with surface navigation, consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration in the location and design of all developments and uses. Consistent. The proposed action will maintain the navigation channel, which facilitates surface Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

126 navigation. Work will take place within authorized in-water work windows to not impede the passage of fish and wildlife. 5. Design and manage shoreline uses and modifications to prevent degradation of water quality and alteration of natural hydrographic conditions. Consistent. Dredging and disposal will not permanently degrade water quality or alter natural hydrographic conditions. The USACE submitted documentation necessary to Ecology as a request for an individual CWA Section 401 review. The USACE anticipates receiving a 401 Water Quality Certification as necessary and plans to comply with all applicable requirements. 6. Prohibit uses that adversely affect the ecological functions of critical freshwater habitats except where necessary to achieve the objectives of RCW , and then only when the impacts are mitigated. Consistent. Dredging occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions HIGH INTENSITY A. Purpose The purpose of the High Intensity shoreline environment designation is to provide for high intensity water-oriented commercial, industrial and port, mixed-use, transportation, and navigation uses while protecting existing ecological functions and restoring ecological functions in shoreline jurisdiction that have been degraded. Consistent. Maintenance of the navigation channel to authorized depths and footprint will facilitate water-oriented uses and navigation. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the High Intensity shoreline environment designation shall be consistent with the following policies: 1. Prioritize uses on sites with physical access to the water in the following order of preference: a. Water-dependent b. Water-related c. Water-enjoyment Consistent. Maintenance of the navigation channel will facilitate use of water-dependent, waterrelated, and water-enjoyment sites by facilitating access to Grays Harbor and the Chehalis River. 4. Design new development located in shoreline jurisdiction to result in no net loss of ecological function. Consistent. The project does not constitute new development and no shoreline ecological functions will be lost by maintaining the existing navigation channel to authorized depth and footprint. 6. Require visual and physical access where feasible with physical access prioritized over visual access. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

127 Consistent. Maintenance of the navigation channel would temporarily impede visual access to an extremely small portion of Grays Harbor due to the presence of the dredging operation equipment, but would enable long-term physical access. A notice to mariners would be distributed to avoid and minimize disruption to navigation during maintenance dredging. 7. Require full use of existing developed lands in the shoreline jurisdiction served by existing or planned infrastructure before expanding intensive development. Consistent. The project will not expand any development or utilization. Channel maintenance would encourage full use of the existing urban lands by providing access to Grays Harbor and the Chehalis River within the established navigation channel URBAN CONSERVANCY A. Purpose The Urban Conservancy shoreline environment designation is intended to provide for ecological protection and rehabilitation in relatively undeveloped areas in shoreline jurisdiction, while allowing agricultural use, water-oriented and non-water-oriented recreational development, low intensity residential development, and limited development suitable to lands characterized by ecological and flood hazard constraints. Consistent. Navigation channel maintenance will allow access to Grays Harbor and the Chehalis River, and occur in a manner to avoid and minimize ecological disturbance. No shoreline ecological functions will be lost by maintaining the existing navigation channel to authorized depth and footprint. C. Management Policies Development within the Urban Conservancy shoreline environment designation shall be consistent with the following policies: 1. Allow uses that preserve the natural character of the shoreline environment, promote preservation of open space, floodway, floodplain, or critical areas directly, or over the long-term as the primary allowed uses. Allow uses that result in restoration of ecological functions if the use is otherwise compatible with the purpose of the environment and setting. Consistent. Maintenance of the navigation channel will not alter the natural character of the shoreline environment and will be limited to the authorized depths and footprint of the existing navigation channel. No aspect of the action will permanently alter the existing ecological functions. 2. Implement public access and public recreation objectives whenever feasible and significant ecological impacts can be mitigated. Consistent. The navigation channel helps make public access and recreation possible, and is maintained to the authorized depths and footprint by methods that avoid and minimize ecological impacts. No aspect of the action will alter the existing ecological functions. 3. Give preferred water-oriented uses priority instead of non-water-oriented uses. Water-dependent and recreational development should be given highest priority. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

128 Consistent. The navigation channel will provide access to Grays Harbor and the Chehalis River for water-oriented, water-dependent, and recreational uses. 4. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, such as boating and water access facilities, angling, and wildlife viewing trails are preferred uses, provided significant adverse impacts to the shoreline are mitigated. Consistent. The navigation channel will provide access to water-dependent and water-enjoyment recreation facilities. Maintenance operations will minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 6. Ensure that standards for new development for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications do not result in a net loss of ecological functions or degrade other shoreline values. Consistent. Maintenance dredging to the authorized depths and footprint of the existing navigation channel is not considered a new development. No aspect of the action will permanently alter the existing ecological functions. 4. GENERAL POLICIES & REGULATIONS 4.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES POLICIES A. Encourage consultation with professional archaeologists and historians to identify areas containing potentially valuable archaeological or historic resources, and establish procedures for protecting, and if necessary, salvaging the resource. Appropriate agencies to consult include, but are not limited to, the DAHP, the Confederated Tribes of the Chehalis Reservation, the Shoalwater Bay Tribe, and the Quinault Indian Tribe. Consistent. The USACE has initiated Section 106 consultation with affected Tribes and DAHP and will complete it prior to finalizing the NEPA process. B. Condition shoreline permits to allow for site inspection and evaluation, and ensure proper salvage of archaeological and historic resources in areas known to contain such resources. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. Preserve archeological or historic sites permanently for scientific study and public observation whenever feasible. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. D. Prevent the destruction of or damage to a site that has been inadvertently uncovered and has historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected tribes and the DAHP. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

129 E. Design and operate the proposed development to be compatible with the continued protection of the site, where development or demolition activity is proposed adjacent to an identified archaeological or historic site. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging REGULATIONS A. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties within 500 feet of a site known to contain a historic, cultural, or archaeological resource(s), the city shall require a cultural resource site assessment. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of historic or archaeological resources. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. B. Where a professional archaeologist has identified an area or site as having significant value, or where an area or site is listed in local, state, or federal historical registers, the Shoreline Administrator may condition the development approval to preserve the features. Potential conditions may include measures to preserve or retrieve the resources, modify the site development plan to reduce impacts, or mitigate the impacts as authorized through the State Environmental Policy Act (SEPA), or other local, state, or federal laws. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. The applicant shall stop work immediately and contact the city, the DAHP, and affected tribes if any archaeological resources are uncovered during work within shoreline jurisdiction. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. 4.3 ENVIRONMENTAL IMPACTS AND MITIGATION POLICY Avoid or mitigate impacts to shoreline jurisdiction to ensure the standards of no net loss to function are met. Consistent. Navigation channel maintenance is conducted to avoid and minimize disturbance to ecological function. No aspect of the action will permanently alter the existing ecological functions REGULATIONS A. The environmental impacts of development proposals shall be analyzed and include measures to mitigate environmental impacts not otherwise avoided or minimized by compliance with the SMP and other applicable regulations. Consistent. A draft Environmental Assessment has been prepared to analyze the effects of the proposed maintenance dredging and material placement. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing of in-water work Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

130 windows and dredge equipment restrictions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab (Cancer magister) population in Grays Harbor such that mitigation is not necessary. Based on analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. The proposed action is in substantive compliance with the applicable regulations. B. Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. C. In determining appropriate mitigation measures applicable to development in shoreline jurisdiction, lower priority measures should be applied only where higher priority measures are determined to be infeasible or inapplicable. D. Mitigation shall not be required that exceeds what is necessary to assure the development will result in no net loss of ecological functions in shoreline jurisdiction. E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation measures that have been identified within a watershed plan, and address limiting factors or other critical resource conservation needs in shoreline jurisdiction may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. Consistent (with [B-E]). Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B), and primarily avoid environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

131 discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 4.8 PUBLIC ACCESS POLICIES A. Protect and enhance the public s visual and physical access to shorelines of the state to the greatest extent feasible. C. Maintain, enhance, and increase public access in accordance with the following priorities unless found infeasible: 1. Maintain existing public access sites and facilities, rights-of-way, and easements. 4. Encourage public access to shorelines as part of shoreline development. E. Ensure that development does not impair or detract from public access to the water through standards for design, construction, and operation. Consistent. Maintenance of the navigation channel provides access to Grays Harbor and the Chehalis River. During dredging and disposal there may be temporary access restrictions at the dredging site, but a notice to mariners is published in advance to prevent conflicts to navigation REGULATIONS A. Public access shall be designed to achieve no net loss of ecological functions. Where impacts are identified, mitigation shall be required. Consistent. Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B), and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. B. Public access shall be required for the following shoreline developments and uses: 4. All other development not subject to the restrictions in SMP Section (C). Consistent. The USACE does not restrict public access of the navigation channel. During maintenance dredging and material placement operations, access may be temporarily blocked at the site of Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

132 dredging or material placement due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners. 5. SPECIFIC SHORELINE USE POLICIES AND REGULATIONS 5.2 GENERAL SHORELINE USE POLICIES F. Do not permit uses where they would result in a net loss of shoreline ecological functions, adversely affect the quality or extent of habitat for native species, adversely affect other habitat conservation areas, or interfere with navigation or other water- dependent uses. Consistent. No aspect of the action will permanently alter the existing ecological functions. Maintenance dredging and material placement operations are conducted during in-water work windows with dredging equipment restrictions to avoid and minimize ecological impact. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. During maintenance dredging and material placement operations, access may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners. 6. SHORELINE MODIFICATION POLICIES & REGULATIONS POLICIES A. Ensure shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. Additionally, a draft Environmental Assessment has been prepared to fulfill requirements of the NEPA, which includes assessment of the individual and cumulative effects of maintenance dredging and material placement REGULATIONS D. Shoreline modifications must be designed and located to ensure that they will not result in a net loss of shoreline ecological functions and will not have significant adverse impacts to shoreline uses, resources, and values provided for in RCW Consistent. The navigation channel maintenance dredging and material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. E. Shoreline modifications and uses shall be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. Consistent. No aspect of the action will permanently alter the existing ecological functions. Maintenance dredging and disposal of dredged material will not alter natural hydrographic conditions. The USACE has requested a 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

133 H. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03, with appropriate mitigation required for unavoidable impacts to ecological functions. If critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant requirements of SMP Section Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in SMP Section 4.03, and avoid and minimize environmental impacts through the use of in-water work windows and equipment restrictions. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 6.4 DREDGING AND DREDGE MATERIAL DISPOSAL POLICIES A. Conduct dredging in a manner that utilizes mitigation sequencing and ensures no net loss of shoreline ecological functions. B. Allow dredging for navigation channels, marine terminal berths, and mooring structures to assure safe and efficient accommodation of existing navigational uses, only when significant ecological impacts are minimized and mitigated. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B). Dredging occurs during authorized in-water work windows and a clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. C. Maintenance dredging of established navigation channels, basins, and marine terminal berths should be restricted to maintaining previously dredged or existing locations, to their authorized depths and widths. Consistent. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

134 advanced maintenance where applicable. Material deemed suitable for open-water placement by the Dredged Material Management Program (DMMP; DMMP 2018) will be placed among five previously used dredged material placement sites. D. Permit dredging as part of restoration or enhancement, public access, flood storage, or navigation if deemed consistent with the SMP. Consistent. Maintenance dredging and disposal is for the purpose of navigation in Grays Harbor and the Chehalis River. E. Prohibit dredging waterward of the OHWM to obtain fill except when the dredge material is necessary for the restoration of shoreline ecological functions or as part of a flood hazard management program. Consistent. Dredging waterward of the OHWM is not for the sole purpose of obtaining fill; the purpose is to maintain the navigation channel. Dredged material will benefit the nearshore littoral zone, longshore drift zone, and maintain the beach profile at Half Moon Bay. Additionally, dredged material will be used at the Point Chehalis Revetment Extension Mitigation site as necessary to ensure the toe of the revetment remains buried. F. Site new development to avoid the need for new and maintenance dredging. Where avoidance is not feasible, ensure the site is designed to minimize the need for dredging. Consistent. Maintenance of the existing navigation channel does not constitute new development and is restricted to the authorized depths and footprint. G. Prefer the disposal of dredged material on land outside of the shoreline jurisdiction to open-water disposal. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement site selection is based on several factors, including location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. H. Coordinate local, state, and federal permit requirements for dredging. Consistent. All applicable local, state, and Federal permit requirements for dredging have been coordinated or coordination will be complete prior to dredging REGULATIONS A. Dredging 1. Dredging and dredge disposal proposals shall utilize the mitigation sequence in SMP Section Where adverse impacts are unavoidable, a mitigation plan shall be prepared by a qualified professional consistent with the provisions of SMP Section Consistent. Please see section above. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

135 2. Dredging shall only be permitted for the following activities: f. Maintenance dredging of established navigation channels and basins, so long as the dredging is restricted to the previously dredged or authorized location, depth, and width. Such dredging shall be considered an exempt activity so long as it meets the requirements of SMP Section Consistent. The proposed action is for the maintenance dredging of an established navigation channel and will be maintained to previously dredged and authorized locations, depths, and widths. 3. Applicants must receive all applicable state and federal permits prior to the commencement of any dredging. Consistent. All applicable state and Federal permits for dredging and disposal will be obtained prior to dredging. 4. Dredging shall be prohibited for the primary purpose of obtaining fill material, except when permitted under SMP Section 4.05 or when necessary for the restoration of shoreline ecological functions. In the latter case: a. Dredge material must be placed waterward of the OHWM. b. The project must be associated with either a MTCA or CERCLA habitat restoration project or, if the project is approved through a shoreline conditional use permit, the project may be another significant habitat enhancement project. Consistent. The primary purpose of the maintenance dredging and disposal is not to obtain fill material. 5. New development shall be sited and designed to avoid or minimize the need for new or maintenance dredging. Consistent. The proposed maintenance dredging and material placement is not considered a new development. B. Dredge Material Disposal 1. Dredge material disposal within shoreline jurisdiction may be permitted so long as: a. Shoreline ecological functions and processes are preserved, restored, or enhanced. Factors to consider include surface and groundwater protection, erosion, sedimentation, and the impacts of floodwaters or runoff; and b. The disposal will not negatively affect public or private property. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. No aspect of the action will permanently alter the existing ecological functions. Dredged material disposed within shoreline jurisdiction will benefit the nearshore littoral zone, longshore drift zone, and maintain the beach profile at Half Moon Bay. Additionally, dredged material will be used at the Point Chehalis Revetment Extension Mitigation site as necessary to ensure the toe of the revetment remains buried. The disposal will not negatively affect public or private property. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

136 2. Disposal of dredge material within CMZs is discouraged. In the limited instances where it is allowed, such disposal shall require a shoreline conditional use permit, if this provision is not intended to address the discharge of dredge material into the flowing current of a river or in deep water within the channel where it does not substantially affect the geohydrologic character of the CMZ. Consistent. Disposal of dredged material is among five previously established placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement will not substantially affect the geohydrologic character of the CMZ. 3. Dredge material disposal in open waters may be approved when authorized by the Dredge Material Management Office or other applicable state and federal agencies, which may include the USACE in accordance with Section 10 (Rivers and Harbors Act) and Section 404 (CWA) permits and the WDFW HPA; and when one of the following conditions apply: a. Open-water disposal at an approved USACE disposal site is the common method for disposal of maintenance dredge materials from navigation channels and basins; or b. If applicable, the use of dredge material to benefit shoreline resources shall be addressed through the implementation of a regional interagency dredge material management plan or watershed plan. Consistent. The DMMP (2018) determined the dredged material is suitable for open-water disposal. 4. All dredge material disposal on state-owned aquatic lands must comply with the WDNR and the WDFW standards and regulations. Consistent. Dredge material disposal on state-owned aquatic lands at previously established placement sites has been approved and complies with WDNR and WDFW standards and regulations. C. Submittal Requirements 1. A detailed description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of the SMP shall be required for all dredging applications. Materials prepared for state or federal permits such as an HPA may be used to support the analysis. Consistent. This CZMA consistency determination contains an analysis of compliance with the policies and regulations of the SMP, and has been submitted with a Joint Aquatic Resources Form, which contains a detailed description of the purpose of the proposed dredging and may be used to support the analysis. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

137 5.2 CITY OF OCEAN SHORES SHORELINE MASTER PROGRAM The City of Ocean Shores implemented the SMA through the preparation of a Shoreline Master Program (SMP), adopted on August 12, 1974 (Resolution #77) and revised in Dredging falls under the ambit of this plan. The applicable portions of this SMP are addressed below. 3. SHORELINE ENVIRONMENT 3.1 SHORELINE ENVIRONMENT DESIGNATION SYSTEM AQUATIC A. Purpose The purpose of the Aquatic shoreline environment designation is to protect, restore, and manage the unique characteristics and resources of shoreline jurisdiction waterward of the OHWM. Consistent. Maintenance dredging of the Grays Harbor and the Chehalis River Federal Navigation Channel does not constitute new development and occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Aquatic shoreline environment designation shall be consistent with the following policies: 4. Minimize interference with surface navigation, consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration in the location and design of all developments and uses. Consistent. The proposed action will maintain the navigation channel. Work will take place within authorized in-water work windows as to not impede the passage of fish and wildlife. 6. Prohibit uses that adversely affect the ecological functions of critical freshwater habitats except where necessary to achieve the objectives of RCW , and then only when the impacts are mitigated. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging occur in a manner to avoid and minimize adverse effects to the environment HIGH INTENSITY A. Purpose The purpose of the High Intensity shoreline environment designation is to provide for high intensity water-oriented commercial, industrial and port, mixed-use, transportation, and navigation uses while protecting existing ecological functions and restoring ecological functions in shoreline jurisdiction that have been degraded. Consistent. Maintenance of the navigation channel will facilitate water-oriented uses and navigation. Dredging occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

138 Development within the High Intensity shoreline environment designation shall be consistent with the following policies: 1. Prioritize uses on sites with physical access to the water in the following order of preference: a. Water-dependent b. Water-related c. Water-enjoyment Consistent. Maintenance of the navigation channel will facilitate use of water-dependent, waterrelated, and water-enjoyment sites by allowing access to Grays Harbor and the Chehalis River. 4. Design new development located in shoreline jurisdiction to result in no net loss of ecological function. Consistent. Maintenance of the navigation channel does not constitute new development. No aspect of the action will permanently alter the existing ecological functions. 6. Require visual and physical access where feasible with physical access prioritized over visual access. Consistent. Maintenance of the navigation channel would temporarily impede visual access due to the presence of the dredging equipment in an extremely small portion of Grays Harbor overall, but would enable long-term physical access. A notice to mariners would be distributed to avoid and minimize disruption to navigation during maintenance dredging. 7. Seek to achieve the full use of existing urban lands in shoreline jurisdiction before expanding intensive development, subject to long-range projections of regional economic need and allowances to support future expansion of water-dependent and water-related uses. Consistent. Channel maintenance would encourage full use of the existing urban lands by providing access to Grays Harbor and the Chehalis River URBAN CONSERVANCY A. Purpose The Urban Conservancy shoreline environment designation is intended to provide for ecological protection and rehabilitation in relatively undeveloped areas in shoreline jurisdiction, while allowing agricultural use, water-oriented and non-water-oriented recreational development, low intensity residential development, and limited development suitable to lands characterized by ecological and flood hazard constraints. Consistent. Navigation channel maintenance will allow access to Grays Harbor and the Chehalis River and shorelines, and occur in a manner to avoid and minimize ecological disturbance. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Urban Conservancy shoreline environment designation shall be consistent with the following policies: 1. Allow uses that preserve the natural character of the shoreline environment, promote preservation of open space, floodway, floodplain, or critical areas directly, or over the long-term as the primary allowed Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

139 uses. Allow uses that result in restoration of ecological functions if the use is otherwise compatible with the purpose of the environment and setting. Consistent. Maintenance of the navigation channel will not alter the natural character of the shoreline environment and work will remain within the established navigation channel in Grays Harbor and the Chehalis River. 2. Implement public access and public recreation objectives whenever feasible and significant ecological impacts can be mitigated. Consistent. The navigation channel helps make public access and recreation possible. In-water work windows and equipment restrictions avoid and minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 3. Give preferred water-oriented uses priority instead of non-water-oriented uses. Water-dependent and recreational development should be given highest priority. Consistent. The navigation channel will provide access to Grays Harbor and the Chehalis River for water-oriented, water-dependent, and recreational uses. 4. Ensure that standards for new development for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications do not result in a net loss of ecological functions or degrade other shoreline values. Consistent. Maintenance dredging of the established navigation channel to authorized depths and dimensions is not considered a new development. 4. GENERAL POLICIES & REGULATIONS 4.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES POLICIES A. Prevent the destruction of or damage to a site that has been inadvertently uncovered and has historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected tribes and the DAHP. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. B. Encourage consultation with professional archaeologists and historians to identify areas containing potentially valuable archaeological or historic resources, and establish procedures for protecting, and if necessary, salvaging the resource. Appropriate agencies to consult include, but are not limited to, the DAHP, the Confederated Tribes of the Chehalis Reservation, the Shoalwater Bay Tribe, and the Quinault Indian Tribe. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. Design and operate the proposed development to be compatible with the continued protection of the site, where development or demolition activity is proposed adjacent to an identified archaeological or historic site. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

140 Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging REGULATIONS A. Areas documented to contain archaeological resources must be inspected and evaluated by a professional archaeologist in coordination with Native American Indian tribes and DAHP prior to construction. Failure to complete a site survey in accordance with state law shall be considered a violation of the shoreline permit. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. B. Where a professional archaeologist has identified an area or site as having significant value, or where an area or site is listed in federal, state, or local historical registers, the city may require an evaluation of the resource and establish appropriate conditions. These conditions may include the preservation or retrieval of data, proposal modifications to reduce impacts, or other mitigation authorized through the State Environmental Policy Act (SEPA), or other federal, state, or local laws. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. Developers and property owners shall stop work immediately and contact the city, the DAHP, and Native American Indian tribes if archaeological resources are discovered. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. 4.4 ENVIRONMENTAL IMPACTS AND MITIGATION POLICY Avoid or mitigate impacts to shoreline jurisdiction to ensure the standards of no net loss to function are met. Consistent. Navigation channel maintenance is conducted during in-water work windows and with equipment restrictions to avoid and minimize disturbance to ecological function. No aspect of the action will permanently alter the existing ecological functions REGULATIONS A. The environmental impacts of development proposals shall be analyzed and include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with the SMP, SEPA, and other applicable regulations. Consistent. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

141 compared to the average annual commercial harvest in the Grays Harbor area. The proposed action complies with NEPA and other applicable regulations. B. Mitigation measures shall be applied in the following sequence of steps listed in order of priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. C. Lower priority measures should be applied only where higher priority measures are determined to be infeasible or inapplicable. D. Mitigation shall not be required that exceeds what is necessary to assure the development will result in no net loss of ecological functions in shoreline jurisdiction. E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation measures that have been identified within a watershed plan, and address limiting factors or other critical resource conservation needs in shoreline jurisdiction may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. Consistent (with [B-E]). Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B), and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 4.8 PUBLIC ACCESS POLICIES A. Protect and enhance the public s visual and physical access to shorelines of the state to the greatest extent feasible. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

142 E. Maintain, enhance, and increase public access in accordance with the following priorities unless found infeasible: 1. Maintain existing public access sites and facilities, rights-of-way, and easements. 4. Encourage public access to shorelines as part of shoreline development. Consistent. The proposed action will maintain the navigation channel that provides public access to Grays Harbor, the Chehalis River, and their shorelines. During dredging and disposal, access may be temporarily limited but a notice to mariners will be coordinated in advance to prevent conflicts to navigation REGULATIONS J. Public access shall be designed to achieve no net loss of ecological functions. Where impacts are identified, mitigation shall be required. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area WATER QUALITY Prevent impacts to water quality and stormwater quantity that would result in a loss of ecological functions, a significant impact to aesthetic qualities, or recreational opportunities POLICIES A. Protect shorelines by ensuring that surface water quality and quantity regulations are administered by the city. B. Prevent impacts to water quality and stormwater quantity that would result in net loss of shoreline ecological function, significant impacts to aesthetic qualities, or recreational opportunities. Consistent. Maintenance dredging and material placement operations will comply with State water quality standards to prevent impacts to water quality. The USACE is pursuing a CWA Section 401 Water Quality Certification review from Ecology and will comply with all applicable requirements and conditions. 5. SPECIFIC SHORELINE USE POLICIES AND REGULATIONS 5.2 GENERAL SHORELINE USE POLICIES Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

143 F. Do not permit uses where they would result in a net loss of shoreline ecological functions, adversely affect the quality or extent of habitat for native species, adversely affect other habitat conservation areas, or interfere with navigation or other water- dependent uses. Consistent. The navigation channel maintenance dredging and material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. No aspect of the action will permanently alter the existing ecological functions. During maintenance dredging and material placement operations, access may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners. 6. SHORELINE MODIFICATION POLICIES & REGULATIONS POLICIES A. Ensure shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. A draft EA has been prepared to fulfill requirements of the NEPA that assesses the individual and cumulative effects of maintenance of the navigation channel REGULATIONS C. Shoreline modifications must be designed and located to ensure that they will not result in a net loss of shoreline ecological functions and will not have significant adverse impacts to shoreline uses, resources, and values provided for in RCW Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact to shoreline uses, resources, and values provided for in RCW D. Shoreline modifications and uses shall be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. Consistent. Maintenance dredging and disposal of dredged material will not alter natural hydrographic conditions. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. The USACE is pursuing a CWA 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. G. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03, with appropriate mitigation required for unavoidable impacts to ecological functions. If critical areas in Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

144 shoreline jurisdiction are impacted, the project is also subject to relevant requirements of SMP Section Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 6.5 DREDGING AND DREDGE MATERIAL DISPOSAL POLICIES A. Conduct dredging in a manner that minimizes significant ecological impacts. Impacts that cannot be avoided should be mitigated to ensure no net loss of ecological function. Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. B. Permit dredging as part of restoration or enhancement, public access, flood storage, or navigation if deemed consistent with the SMP. Consistent. Maintenance dredging and material placement is for the purpose of navigation in Grays Harbor and the Chehalis River. C. Prohibit dredging waterward of the OHWM to obtain fill except when the dredge material is necessary for the restoration of shoreline ecological functions or as part of a flood hazard management program. Consistent. Dredging waterward of the OHWM is not for the sole purpose of obtaining fill; the purpose is to maintain the navigation channel. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

145 D. Site new development to avoid the need for new and maintenance dredging. Where avoidance is not feasible, ensure the site is designed to minimize the need for dredging. Consistent. Maintenance of the navigation channel does not constitute new development. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously established placement sites. E. Prefer the disposal of dredged material on land outside of the shoreline jurisdiction to open-water disposal. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement site selection is based on several factors, including location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. F. Allow dredging for navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses and then only when significant ecological impacts are minimized and mitigation is provided. Maintenance dredging of established navigation channels, basins, and marine terminal berths should be restricted to maintaining previously dredged or existing locations, to their authorized depths and widths. Consistent. Dredging and dredged material placement operations are conducted to avoid and minimize ecological impacts, such as using timing of regulated in-water work windows and equipment restrictions (See (A)). Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously established placement sites REGULATIONS A. Dredging 1. New development shall be sited and designed to avoid or minimize the need for new or maintenance dredging. Consistent. The maintenance dredging and disposal is not considered a new development. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously established placement sites. 3. Dredging shall only be permitted for the following activities: f. Maintenance dredging of established navigation channels and basins, which shall be restricted to maintaining previously dredged or existing authorized location, depth, and width. Consistent. The proposed action is for the maintenance dredging of an established navigation channel and turning basin, and will be limited to previously disturbed and authorized depths and dimensions. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

146 4. All dredging on state-owned aquatic lands must comply with WDNR and WDFW standards and regulations. Dredging that affects fish life on either public or private lands requires WDFW Hydraulic Project Approval (HPA). Consistent. All applicable local, state, and Federal permits for dredging and disposal will be obtained prior to dredging. 5. Dredging shall be prohibited for the primary purpose of obtaining fill material, except when necessary for restoration of ecological functions. Consistent. The primary purpose of the maintenance dredging and disposal is not to obtain fill material. 6. Consistent with the mitigation sequencing steps defined in SMP Section 4.04, dredging and dredge disposal proposals should be first designed to avoid and then minimize potential adverse impacts. Where adverse impacts are unavoidable, a mitigation plan shall be prepared by a qualified professional consistent with the provisions of SMP Section 4.04 and SMP Appendix 2: Critical Areas Regulations. Consistent. Please see section (A) above. B. Dredge Material Disposal 1. Dredge material disposal within shoreline jurisdiction may be permitted under the following conditions: a. Shoreline ecological functions and processes will be preserved, restored or enhanced, including protection of surface and groundwater; and b. Erosion, sedimentation, floodwaters, or runoff will not increase adverse impacts to shoreline ecological functions and processes or property. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. No aspect of the action will permanently alter the existing ecological functions. Dredged material disposed within shoreline jurisdiction will benefit the nearshore littoral zone, longshore drift zone, and maintain the beach profile at Half Moon Bay. Additionally, dredged material will be used at the Point Chehalis Revetment Extension Mitigation site as necessary to ensure the toe of the revetment remains buried. The disposal will not negatively affect public or private property. 2. Dredge material disposal in open waters may be approved only when authorized by applicable agencies, which may include the USACE in accordance with Section 10 (Rivers and Harbors Act) and Section 404 (Clean Water Act) permits, and WDFW Hydraulic Project Approval (HPA); and when one of the following conditions apply: a. Land disposal is infeasible, inconsistent with the SMP, or prohibited by law; or b. Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

147 Consistent. Dredged material has been determined suitable for aquatic disposal by the DMMP for disposal at the South Jetty and Point Chehalis multiuser open-water disposal sites and for the South Beach and Half Moon Bay nearshore sites, as well as the Point Chehalis Revetment Extension Mitigation upland disposal site. 4. All dredge material disposal on state-owned aquatic lands must comply with the WDNR and the WDFW standards and regulations. Consistent. Dredge material disposal on state-owned aquatic lands has been approved and complies with WDNR and WDFW standards and regulations. C. Submittal Requirements 1. A detailed description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of the SMP shall be required for all dredging applications. Materials prepared for state or federal permits such as an HPA may be used to support the analysis. Consistent. This CZMA consistency determination contains an analysis of compliance with the policies and regulations of the SMP, and has been submitted with a Joint Aquatic Resources Form, which contains a detailed description of the purpose of the proposed dredging and may be used to support the analysis. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

148 5.3 CITY OF ABERDEEN SHORELINE MASTER PROGRAM The City of Aberdeen implemented the SMA through the preparation of a Shoreline Master Program (SMP), adopted on June 30, 1975 and revised on April 12, Dredging and disposal of dredged materials fall under the ambit of this plan. The applicable portions of this SMP are addressed below. 3. SHORELINE ENVIRONMENT 3.1 SHORELINE ENVIRONMENT DESIGNATION SYSTEM AQUATIC A. Purpose The purpose of the Aquatic shoreline environment designation is to protect, restore, and manage the unique characteristics and resources of shoreline jurisdiction waterward of the OHWM. Consistent. Maintenance dredging of the Grays Harbor and the Chehalis River Federal Navigation Channel does not constitute new development and occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Aquatic shoreline environment designation shall be consistent with the following policies: 4. Minimize interference with surface navigation, consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration in the location and design of all developments and uses. Consistent. The proposed action will maintain the navigation channel. Work will take place within authorized in-water work windows as to not impede the passage of fish and wildlife. 6. Prohibit uses that adversely affect the ecological functions of critical freshwater habitats except where necessary to achieve the objectives of RCW , and then only when the impacts are mitigated. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging occur in a manner to avoid and minimize adverse effects to the environment HIGH INTENSITY A. Purpose The purpose of the High Intensity shoreline environment designation is to provide for high intensity water-oriented commercial, industrial and port, mixed-use, transportation, and navigation uses while protecting existing ecological functions and restoring ecological functions in shoreline jurisdiction that have been degraded. Consistent. Maintenance of the navigation channel will facilitate water-oriented uses and navigation. Dredging occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

149 C. Management Policies Development within the High Intensity shoreline environment designation shall be consistent with the following policies: 1. Prioritize uses on sites with physical access to the water in the following order of preference: a. Water-dependent b. Water-related c. Water-enjoyment Consistent. Maintenance of the navigation channel will facilitate use of water-dependent, waterrelated, and water-enjoyment sites by allowing access to Grays Harbor and the Chehalis River. 4. Design new development located in shoreline jurisdiction to result in no net loss of ecological function. Consistent. Maintenance of the navigation channel does not constitute new development. No aspect of the action will permanently alter the existing ecological functions. 6. Require visual and physical access where feasible with physical access prioritized over visual access. Consistent. Maintenance of the navigation channel would temporarily impede visual access due to the presence of the dredging equipment in an extremely small portion of Grays Harbor overall, but would enable long-term physical access. A notice to mariners would be distributed to avoid and minimize disruption to navigation during maintenance dredging. 7. Seek to achieve the full use of existing urban lands in shoreline jurisdiction before expanding intensive development, subject to long-range projections of regional economic need and allowances to support future expansion of water-dependent and water-related uses. Consistent. Channel maintenance would encourage full use of the existing urban lands by providing access to Grays Harbor and the Chehalis River URBAN CONSERVANCY A. Purpose The Urban Conservancy shoreline environment designation is intended to provide for ecological protection and rehabilitation in relatively undeveloped areas in shoreline jurisdiction, while allowing agricultural use, water-oriented and non-water-oriented recreational development, low intensity residential development, and limited development suitable to lands characterized by ecological and flood hazard constraints. Consistent. Navigation channel maintenance will allow access to Grays Harbor and the Chehalis River and shorelines, and occur in a manner to avoid and minimize ecological disturbance. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Urban Conservancy shoreline environment designation shall be consistent with the following policies: Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

150 1. Allow uses that preserve the natural character of the shoreline environment, promote preservation of open space, floodway, floodplain, or critical areas directly, or over the long-term as the primary allowed uses. Allow uses that result in restoration of ecological functions if the use is otherwise compatible with the purpose of the environment and setting. Consistent. Maintenance of the navigation channel will not alter the natural character of the shoreline environment and will only deepen the established navigation channel in Grays Harbor and the Chehalis River. 2. Implement public access and public recreation objectives whenever feasible and significant ecological impacts can be mitigated. Consistent. The navigation channel helps make public access and recreation possible. In-water work windows and equipment restrictions avoid and minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 3. Give preferred water-oriented uses priority instead of non-water-oriented uses. Water-dependent and recreational development should be given highest priority. Consistent. The navigation channel will provide access to Grays Harbor and the Chehalis River for water-oriented, water-dependent, and recreational uses. 4. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, such as boating and water access facilities, angling, and wildlife viewing trails are preferred uses, provided significant adverse impacts to the shoreline are mitigated. Consistent. Maintenance of the navigation channel does not constitute a water-dependent or waterenjoyment recreation facility. The navigation channel itself will not deplete the resource over time and maintenance operations have been designed to minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 5. Agriculture, forest practices, and low-intensity residential development when consistent with provisions of the SMP are preferred uses. Consistent. Maintenance dredging the navigation channel and dredged material placement will not interfere with these preferred uses. 6. Ensure that standards for new development for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications do not result in a net loss of ecological functions or degrade other shoreline values. Consistent. Maintenance dredging of the established navigation channel to authorized depths and dimensions is not considered a new development. 4. GENERAL POLICIES & REGULATIONS 4.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES POLICIES Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

151 A. Encourage consultation with professional archaeologists and historians to identify areas containing potentially valuable archaeological or historic resources, and establish procedures for protecting, and if necessary, salvaging the resource. Appropriate agencies to consult include, but are not limited to, the DAHP, the Confederated Tribes of the Chehalis Reservation, the Shoalwater Bay Tribe, and the Quinault Indian Tribe. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. Preserve archeological or historic sites permanently for scientific study and public observation whenever feasible. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. D. Prevent the destruction of or damage to a site that has been inadvertently uncovered and has historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected tribes and the DAHP. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. E. Design and operate the proposed development to be compatible with the continued protection of the site, where development or demolition activity is proposed adjacent to an identified archaeological or historic site. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging REGULATIONS A. Permits issued in areas documented to contain archaeological resources shall require a site inspection or evaluation by a professional archaeologist in coordination with affected tribes and DAHP prior to any ground disturbance as part of the permitted activity. Failure to complete a site survey shall be considered a violation of the shoreline permit. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. B. Where a professional archaeologist has identified an area or site as having significant value, or where an area or site is listed in local, state, or federal historical registers, the Shoreline Administrator may condition the development approval to preserve the features. Potential conditions may include measures to preserve or retrieve the resources, modify the site development plan to reduce impacts, or mitigate the impacts as authorized through the State Environmental Policy Act (SEPA), or other local, state, or federal laws. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. The applicant shall stop work immediately and contact the city, the DAHP, and affected tribes if any archaeological resources are uncovered during work within shoreline jurisdiction. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

152 4.3 ENVIRONMENTAL IMPACTS AND MITIGATION POLICY Avoid or mitigate impacts to shoreline jurisdiction to ensure the standards of no net loss to function are met. Consistent. Navigation channel maintenance is conducted during in-water work windows and with equipment restrictions to avoid and minimize disturbance to ecological function. No aspect of the action will permanently alter the existing ecological functions REGULATIONS A. The environmental impacts of development proposals shall be analyzed and include measures to mitigate environmental impacts not otherwise avoided or minimized by compliance with the SMP and other applicable regulations. Consistent. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. The proposed action is in substantive compliance with the applicable regulations. B. Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. C. In determining appropriate mitigation measures applicable to development in shoreline jurisdiction, lower priority measures should be applied only where higher priority measures are determined to be infeasible or inapplicable. D. Mitigation shall not be required that exceeds what is necessary to assure the development will result in no net loss of ecological functions in shoreline jurisdiction. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

153 E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation measures that have been identified within a watershed plan, and address limiting factors or other critical resource conservation needs in shoreline jurisdiction may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. Consistent (with [B-E]). Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B), and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 4.6 PUBLIC ACCESS POLICIES A. Protect and enhance the public s visual and physical access to shorelines of the state to the greatest extent feasible. Consistent. The proposed action will maintain the navigation channel that provides public access to Grays Harbor, the Chehalis River, and their shorelines. During dredging and disposal, access may be temporarily limited but a notice to mariners will be coordinated in advance to prevent conflicts to navigation. C. Maintain, enhance, and increase public access in accordance with the following priorities unless found infeasible: 1. Maintain existing public access sites and facilities, rights-of-way, and easements. 4. Encourage public access to shorelines as part of shoreline development. Consistent. The proposed action will maintain the navigation channel that provides public access to Grays Harbor, the Chehalis River, and their shorelines. During dredging and disposal, access may be temporarily limited but a notice to mariners will be coordinated in advance to prevent conflicts to navigation. E. Ensure that development does not impair or detract from public access to the water through standards for design, construction, and operation. Consistent. The navigation channel provides public access to the water. Access to the immediate dredging and disposal areas may be temporarily limited during maintenance dredging, but will be coordinated in advance through notices to mariners. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

154 REGULATIONS A. Public access shall be designed to achieve no net loss of ecological functions. Where impacts are identified, mitigation shall be required. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. B. Public access shall be required for the following shoreline developments and uses: 4. All other development not subject to the restrictions in SMP Section (C). Consistent. The USACE does not restrict use of the navigation channel. During maintenance dredging and dredged material placement operations, access to the immediate area may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners POLICIES B. Prevent impacts to water quality and stormwater quantity that would result in net loss of shoreline ecological function, significant impacts to aesthetic qualities, or recreational opportunities. Consistent. Maintenance dredging and dredged material placement operations will comply with State water quality standards to prevent impacts to water quality. The USACE is pursuing a CWA Section 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. 5. SPECIFIC SHORELINE USE POLICIES AND REGULATIONS 5.2 GENERAL SHORELINE USE POLICIES F. Do not permit uses where they would result in a net loss of shoreline ecological functions, adversely affect the quality or extent of habitat for native species, adversely affect other habitat conservation areas, or interfere with navigation or other water- dependent uses. Consistent. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. No aspect of the action will permanently alter the existing ecological functions. During maintenance dredging and dredged material placement operations, access may be temporarily Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

155 blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners.. 6. SHORELINE MODIFICATION POLICIES & REGULATIONS POLICIES A. Ensure shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. A draft EA has been prepared to fulfill requirements of the NEPA that assesses the individual and cumulative effects of maintenance of the navigation channel REGULATIONS D. Shoreline modifications must be designed and located to ensure that they will not result in a net loss of shoreline ecological functions and will not have significant adverse impacts to shoreline uses, resources, and values provided for in RCW Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact to shoreline uses, resources, and values provided for in RCW E. Shoreline modifications and uses shall be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. Consistent. Maintenance dredging and disposal of dredged material will not alter natural hydrographic conditions. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. The USACE is pursuing a CWA 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. H. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03, with appropriate mitigation required for unavoidable impacts to ecological functions. If critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant requirements of SMP Section Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for the maintenance of the navigation channel follow the general sequence of steps above, and avoid and minimize environmental impacts through the use of in-water work windows and equipment restrictions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

156 organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 6.4 DREDGING AND DREDGE MATERIAL DISPOSAL POLICIES A. Conduct dredging in a manner that utilizes mitigation sequencing and ensures no net loss of shoreline ecological functions. B. Allow dredging for navigation channels, marine terminal berths, and mooring structures to assure safe and efficient accommodation of existing navigational uses, only when significant ecological impacts are minimized and mitigated. Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. C. Maintenance dredging of established navigation channels, basins, and marine terminal berths should be restricted to maintaining previously dredged or existing locations, to their authorized depths and widths. Consistent. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, and among five previously used material placement sites. D. Permit dredging as part of restoration or enhancement, public access, flood storage, or navigation if deemed consistent with the SMP. Consistent. Maintenance dredging and disposal is for the purpose of navigation in Grays Harbor and the Chehalis River. E. Prohibit dredging waterward of the OHWM to obtain fill except when the dredge material is necessary for the restoration of shoreline ecological functions or as part of a flood hazard management program. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

157 Consistent. Dredging waterward of the OHWM is not for the sole purpose of obtaining fill; the purpose is to maintain the navigation channel. F. Site new development to avoid the need for new and maintenance dredging. Where avoidance is not feasible, ensure the site is designed to minimize the need for dredging. Consistent. Maintenance of the navigation channel does not constitute new development. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously established placement sites. G. Prefer the disposal of dredged material on land outside of the shoreline jurisdiction to open-water disposal. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement site selection is based on several factors, including location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. H. Coordinate local, state, and federal permit requirements for dredging. Consistent. All applicable local, state, and Federal permit requirements for dredging have been coordinated or coordination will be complete prior to dredging REGULATIONS A. Dredging 1. Dredging and dredge disposal proposals shall utilize the mitigation sequence in SMP Section Where adverse impacts are unavoidable, a mitigation plan shall be prepared by a qualified professional consistent with the provisions of SMP Section Consistent. Please see section above. 2. Dredging shall only be permitted for the following activities: f. Maintenance dredging of established navigation channels and basins, so long as the dredging is restricted to the previously dredged or authorized location, depth, and width. Such dredging shall be considered an exempt activity so long as it meets the requirements of SMP Section Consistent. The proposed action is for the maintenance dredging of an established navigation channel, and will be limited to previously dredged and authorized locations, depths, and widths. 3. Applicants must receive all applicable state and federal permits prior to the commencement of any dredging. Consistent. All applicable local, state, and federal permits for dredging and disposal will be obtained prior to dredging. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

158 4. Dredging shall be prohibited for the primary purpose of obtaining fill material, except when permitted under SMP Section 4.05 or when necessary for the restoration of shoreline ecological functions. In the latter case: a. Dredge material must be placed waterward of the OHWM. b. The project must be associated with either a MTCA or CERCLA habitat restoration project or, if the project is approved through a shoreline conditional use permit, the project may be another significant habitat enhancement project. Consistent. The primary purpose of the maintenance dredging and disposal is not to obtain fill material. 5. New development shall be sited and designed to avoid or minimize the need for new or maintenance dredging. Consistent. The maintenance dredging and disposal is not considered a new development. B. Dredge Material Disposal 1. Dredge material disposal within shoreline jurisdiction may be permitted so long as: a. Shoreline ecological functions and processes are preserved, restored, or enhanced. Factors to consider include surface and groundwater protection, erosion, sedimentation, and the impacts of floodwaters or runoff; and b. The disposal will not negatively affect public or private property. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. No aspect of the action will permanently alter the existing ecological functions. Dredged material disposed within shoreline jurisdiction will benefit the nearshore littoral zone, longshore drift zone, and maintain the beach profile at Half Moon Bay. Additionally, dredged material will be used at the Point Chehalis Revetment Extension Mitigation site as necessary to ensure the toe of the revetment remains buried. The disposal will not negatively affect public or private property. 2. Disposal of dredge material within CMZs is discouraged. In the limited instances where it is allowed, such disposal shall require a shoreline conditional use permit, if this provision is not intended to address the discharge of dredge material into the flowing current of a river or in deep water within the channel where it does not substantially affect the geohydrologic character of the CMZ. Consistent. Disposal of dredged material is among five previously established placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement will not substantially affect the geohydrologic character of the CMZ. 3. Dredge material disposal in open waters may be approved when authorized by the Dredge Material Management Office or other applicable state and federal agencies, which may include the USACE in accordance with Section 10 (Rivers and Harbors Act) and Section 404 (CWA) permits and the WDFW HPA; and when one of the following conditions apply: Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

159 a. Open-water disposal at an approved USACE disposal site is the common method for disposal of maintenance dredge materials from navigation channels and basins; or b. If applicable, the use of dredge material to benefit shoreline resources shall be addressed through the implementation of a regional interagency dredge material management plan or watershed plan. Consistent. Dredged material has been approved by the DMMP (2018) for open-water disposal. 4. All dredge material disposal on state-owned aquatic lands must comply with the WDNR and the WDFW standards and regulations. Consistent. Dredge material disposal on state-owned aquatic lands has been approved and complies with WDNR and WDFW standards and regulations. C. Submittal Requirements 1. A detailed description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of the SMP shall be required for all dredging applications. Materials prepared for state or federal permits such as an HPA may be used to support the analysis. Consistent. This CZMA consistency determination contains an analysis of compliance with the policies and regulations of the SMP, and has been submitted with a Joint Aquatic Resources Form, which contains a detailed description of the purpose of the proposed dredging and may be used to support the analysis. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

160 5.4 CITY OF COSMOPOLIS SHORELINE MASTER PROGRAM The City of Cosmopolis implemented the SMA through the preparation of a Shoreline Master Program (SMP), adopted on August 12, 1974 and revised on April 24, Dredging within the Chehalis River, which includes the South Aberdeen, Elliott Slough Turning Basin and Aberdeen reaches, falls under the ambit of this plan (Table 1). The applicable portions of this SMP are addressed below. 3. SHORELINE ENVIRONMENT 3.1 SHORELINE ENVIRONMENT DESIGNATION SYSTEM AQUATIC A. Purpose The purpose of the Aquatic shoreline environment designation is to protect, restore, and manage the unique characteristics and resources of shoreline jurisdiction waterward of the OHWM. Consistent. Maintenance dredging of the Grays Harbor and the Chehalis River Federal Navigation Channel does not constitute new development and occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Aquatic shoreline environment designation shall be consistent with the following policies: 4. Minimize interference with surface navigation, consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration in the location and design of all developments and uses. Consistent. The proposed action will maintain the navigation channel. Work will take place within authorized in-water work windows as to not impede the passage of fish and wildlife. 6. Prohibit uses that adversely affect the ecological functions of critical freshwater habitats except where necessary to achieve the objectives of RCW , and then only when the impacts are mitigated. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging occur in a manner to avoid and minimize adverse effects to the environment HIGH INTENSITY A. Purpose The purpose of the High Intensity shoreline environment designation is to provide for high intensity water-oriented commercial, industrial and port, mixed-use, transportation, and navigation uses while protecting existing ecological functions and restoring ecological functions in shoreline jurisdiction that have been degraded. Consistent. Maintenance of the navigation channel will facilitate water-oriented uses and navigation. Dredging occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

161 C. Management Policies Development within the High Intensity shoreline environment designation shall be consistent with the following policies: 1. Prioritize uses on sites with physical access to the water in the following order of preference: a. Water-dependent b. Water-related c. Water-enjoyment Consistent. Maintenance of the navigation channel will facilitate use of water-dependent, waterrelated, and water-enjoyment sites by allowing access to Grays Harbor and the Chehalis River. 4. Design new development located in shoreline jurisdiction to result in no net loss of ecological function. Consistent. Maintenance of the navigation channel does not constitute new development, and will be conducted to avoid and minimize disturbance to ecological function. 6. Require visual and physical access where feasible with physical access prioritized over visual access. Consistent. Maintenance of the navigation channel would temporarily impede visual access due to the presence of the dredging equipment in an extremely small portion of the project area overall, but would enable long-term physical access. A notice to mariners would be distributed to avoid and minimize disruption to navigation during maintenance dredging. 7. Seek to achieve the full use of existing urban lands in shoreline jurisdiction before expanding intensive development, subject to long-range projections of regional economic need and allowances to support future expansion of water-dependent and water-related uses. Consistent. Channel maintenance would encourage full use of the existing urban lands by providing access to Grays Harbor and the Chehalis River URBAN CONSERVANCY A. Purpose The Urban Conservancy shoreline environment designation is intended to provide for ecological protection and rehabilitation in relatively undeveloped areas in shoreline jurisdiction, while allowing agricultural use, water-oriented and non-water-oriented recreational development, low intensity residential development, and limited development suitable to lands characterized by ecological and flood hazard constraints. Consistent. Navigation channel maintenance will allow access to Grays Harbor and the Chehalis River and shorelines, and occur in a manner to avoid and minimize ecological disturbance. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Urban Conservancy shoreline environment designation shall be consistent with the following policies: Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

162 1. Allow uses that preserve the natural character of the shoreline environment, promote preservation of open space, floodway, floodplain, or critical areas directly, or over the long-term as the primary allowed uses. Allow uses that result in restoration of ecological functions if the use is otherwise compatible with the purpose of the environment and setting. Consistent. Maintenance of the navigation channel will not alter the natural character of the shoreline environment and will only maintain the established navigation channel of Grays Harbor and the Chehalis River. 2. Implement public access and public recreation objectives whenever feasible and significant ecological impacts can be mitigated. Consistent. The navigation channel helps make public access and recreation possible, and is maintained by dredging methods that minimize ecological impacts. 3. Give preferred water-oriented uses priority instead of non-water-oriented uses. Water-dependent and recreational development should be given highest priority. Consistent. The navigation channel will provide access to Grays Harbor and the Chehalis River for water-oriented, water-dependent, and recreational uses. 4. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, such as boating and water access facilities, angling, and wildlife viewing trails are preferred uses, provided significant adverse impacts to the shoreline are mitigated. Consistent. Maintenance of the navigation channel does not constitute a water-dependent or waterenjoyment recreation facility. The navigation channel itself will not deplete the resource over time and maintenance operations have been designed to minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 5. Agriculture, forest practices, and low-intensity residential development when consistent with provisions of the SMP are preferred uses. Consistent. The navigation channel maintenance dredging will not interfere with these preferred uses. 6. Ensure that standards for new development for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications do not result in a net loss of ecological functions or degrade other shoreline values. Consistent. Maintenance dredging of the established navigation channel to authorized depths and dimensions is not considered a new development. 4. GENERAL POLICIES & REGULATIONS 4.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES POLICIES A. Encourage consultation with professional archaeologists and historians to identify areas containing potentially valuable archaeological or historic resources, and establish procedures for protecting, and if Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

163 necessary, salvaging the resource. Appropriate agencies to consult include, but are not limited to, the DAHP, the Confederated Tribes of the Chehalis Reservation, the Shoalwater Bay Tribe, and the Quinault Indian Tribe. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. Preserve archeological or historic sites permanently for scientific study and public observation whenever feasible. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. D. Prevent the destruction of or damage to a site that has been inadvertently uncovered and has historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected tribes and the DAHP. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. E. Design and operate the proposed development to be compatible with the continued protection of the site, where development or demolition activity is proposed adjacent to an identified archaeological or historic site. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging REGULATIONS A. Permits issued in areas documented to contain archaeological resources shall require a site inspection or evaluation by a professional archaeologist in coordination with affected tribes and DAHP prior to any ground disturbance as part of the permitted activity. Failure to complete a site survey shall be considered a violation of the shoreline permit. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. B. Where a professional archaeologist has identified an area or site as having significant value, or where an area or site is listed in local, state, or federal historical registers, the Shoreline Administrator may condition the development approval to preserve the features. Potential conditions may include measures to preserve or retrieve the resources, modify the site development plan to reduce impacts, or mitigate the impacts as authorized through the State Environmental Policy Act (SEPA), or other local, state, or federal laws. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. The applicant shall stop work immediately and contact the city, the DAHP, and affected tribes if any archaeological resources are uncovered during work within shoreline jurisdiction. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. 4.3 ENVIRONMENTAL IMPACTS AND MITIGATION POLICY Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

164 Avoid or mitigate impacts to shoreline jurisdiction to ensure the standards of no net loss to function are met. Consistent. Navigation channel maintenance is conducted to avoid and minimize disturbance to ecological function REGULATIONS A. The environmental impacts of development proposals shall be analyzed and include measures to mitigate environmental impacts not otherwise avoided or minimized by compliance with the SMP and other applicable regulations. Consistent. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. The proposed action is in substantive compliance with the applicable regulations. B. Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. C. In determining appropriate mitigation measures applicable to development in shoreline jurisdiction, lower priority measures should be applied only where higher priority measures are determined to be infeasible or inapplicable. D. Mitigation shall not be required that exceeds what is necessary to assure the development will result in no net loss of ecological functions in shoreline jurisdiction. E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation measures that have Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

165 been identified within a watershed plan, and address limiting factors or other critical resource conservation needs in shoreline jurisdiction may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. Consistent (with [B-E]). Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B), and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 4.6 PUBLIC ACCESS POLICIES A. Protect and enhance the public s visual and physical access to shorelines of the state to the greatest extent feasible. C. Maintain, enhance, and increase public access in accordance with the following priorities unless found infeasible: 1. Maintain existing public access sites and facilities, rights-of-way, and easements. 4. Encourage public access to shorelines as part of shoreline development. Consistent. The proposed action will maintain the navigation channel that provides public access to Grays Harbor, the Chehalis River, and their shorelines. During dredging and disposal, access may be temporarily limited but a notice to mariners will be coordinated in advance to prevent conflicts to navigation. E. Ensure that development does not impair or detract from public access to the water through standards for design, construction, and operation. Consistent. The navigation channel provides public access to the water. During dredging and disposal, access to the immediate area may be temporarily limited but will be coordinated in advance through notices to mariners REGULATIONS A. Public access shall be designed to achieve no net loss of ecological functions. Where impacts are identified, mitigation shall be required. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

166 feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. B. Public access shall be required for the following shoreline developments and uses: 4. All other development not subject to the restrictions in SMP Section (C). Consistent. The USACE does not restrict use of the navigation channel. During maintenance dredging and dredged material placement operations, access in the immediate area may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners POLICIES B. Prevent impacts to water quality and stormwater quantity that would result in net loss of shoreline ecological function, significant impacts to aesthetic qualities, or recreational opportunities. Consistent. Maintenance dredging and dredged material placement operations will comply with State water quality standards to prevent impacts to water quality. The USACE is pursuing a CWA Section 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. No aspect of the action will permanently alter the existing ecological functions. 5. SPECIFIC SHORELINE USE POLICIES AND REGULATIONS 5.2 GENERAL SHORELINE USE POLICIES F. Do not permit uses where they would result in a net loss of shoreline ecological functions, adversely affect the quality or extent of habitat for native species, adversely affect other habitat conservation areas, or interfere with navigation or other water- dependent uses. Consistent. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. No aspect of the action will permanently alter the existing ecological functions. During maintenance dredging and dredged material placement operations, access may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners. 6. SHORELINE MODIFICATION POLICIES & REGULATIONS POLICIES A. Ensure shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

167 Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. A draft EA has been prepared to fulfill requirements of the NEPA that assesses the individual and cumulative effects of maintenance of the navigation channel REGULATIONS D. Shoreline modifications must be designed and located to ensure that they will not result in a net loss of shoreline ecological functions and will not have significant adverse impacts to shoreline uses, resources, and values provided for in RCW Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact to shoreline uses, resources, and values provided for in RCW E. Shoreline modifications and uses shall be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. Consistent. Maintenance dredging and disposal of dredged material will not alter natural hydrographic conditions. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. The USACE is pursuing a CWA 401 Water Quality review from Ecology and will comply with all applicable requirements and conditions. H. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03, with appropriate mitigation required for unavoidable impacts to ecological functions. If critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant requirements of SMP Section Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 6.4 DREDGING AND DREDGE MATERIAL DISPOSAL POLICIES Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

168 A. Conduct dredging in a manner that utilizes mitigation sequencing and ensures no net loss of shoreline ecological functions. B. Allow dredging for navigation channels, marine terminal berths, and mooring structures to assure safe and efficient accommodation of existing navigational uses, only when significant ecological impacts are minimized and mitigated. Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. C. Maintenance dredging of established navigation channels, basins, and marine terminal berths should be restricted to maintaining previously dredged or existing locations, to their authorized depths and widths. Consistent. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously used material placement sites. D. Permit dredging as part of restoration or enhancement, public access, flood storage, or navigation if deemed consistent with the SMP. Consistent. Maintenance dredging and disposal is for the purpose of navigation in Grays Harbor and the Chehalis River. E. Prohibit dredging waterward of the OHWM to obtain fill except when the dredge material is necessary for the restoration of shoreline ecological functions or as part of a flood hazard management program. Consistent. Dredging waterward of the OHWM is not for the sole purpose of obtaining fill; the purpose is to maintain the navigation channel. F. Site new development to avoid the need for new and maintenance dredging. Where avoidance is not feasible, ensure the site is designed to minimize the need for dredging. Consistent. Maintenance of the navigation channel does not constitute new development. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously established placement sites. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

169 G. Prefer the disposal of dredged material on land outside of the shoreline jurisdiction to open-water disposal. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement site selection is based on several factors, including location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland.. H. Coordinate local, state, and federal permit requirements for dredging. Consistent. All applicable local, state, and Federal permit requirements for dredging have been coordinated or coordination will be complete prior to dredging REGULATIONS A. Dredging 1. Dredging and dredge disposal proposals shall utilize the mitigation sequence in SMP Section Where adverse impacts are unavoidable, a mitigation plan shall be prepared by a qualified professional consistent with the provisions of SMP Section Consistent. Please see section above. 2. Dredging shall only be permitted for the following activities: f. Maintenance dredging of established navigation channels and basins, so long as the dredging is restricted to the previously dredged or authorized location, depth, and width. Such dredging shall be considered an exempt activity so long as it meets the requirements of SMP Section Consistent. The proposed action is for the maintenance dredging of an established navigation channel and will be limited to previously dredged and authorized locations, depths, and widths. 3. Applicants must receive all applicable state and federal permits prior to the commencement of any dredging. Consistent. All applicable local, state, and Federal permits for dredging and disposal have been obtained or will be obtained prior to dredging. 4. Dredging shall be prohibited for the primary purpose of obtaining fill material, except when permitted under SMP Section 4.05 or when necessary for the restoration of shoreline ecological functions. In the latter case: a. Dredge material must be placed waterward of the OHWM. b. The project must be associated with either a MTCA or CERCLA habitat restoration project or, if the project is approved through a shoreline conditional use permit, the project may be another significant habitat enhancement project. Consistent. The primary purpose of the maintenance dredging and disposal is not to obtain fill material. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

170 5. New development shall be sited and designed to avoid or minimize the need for new or maintenance dredging. Consistent. The maintenance dredging and disposal is not considered a new development. B. Dredge Material Disposal 1. Dredge material disposal within shoreline jurisdiction may be permitted so long as: a. Shoreline ecological functions and processes are preserved, restored, or enhanced. Factors to consider include surface and groundwater protection, erosion, sedimentation, and the impacts of floodwaters or runoff; and b. The disposal will not negatively affect public or private property. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. No aspect of the action will permanently alter the existing ecological functions. Dredged material disposed within shoreline jurisdiction will benefit the nearshore littoral zone, longshore drift zone, and maintain the beach profile at Half Moon Bay. Additionally, dredged material will be used at the Point Chehalis Revetment Extension Mitigation site as necessary to ensure the toe of the revetment remains buried. The disposal will not negatively affect public or private property. 2. Disposal of dredge material within CMZs is discouraged. In the limited instances where it is allowed, such disposal shall require a shoreline conditional use permit, if this provision is not intended to address the discharge of dredge material into the flowing current of a river or in deep water within the channel where it does not substantially affect the geohydrologic character of the CMZ. Consistent. Disposal of dredged material is among five previously established placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement will not substantially affect the geohydrologic character of the CMZ. 3. Dredge material disposal in open waters may be approved when authorized by the Dredge Material Management Office or other applicable state and federal agencies, which may include the USACE in accordance with Section 10 (Rivers and Harbors Act) and Section 404 (CWA) permits and the WDFW HPA; and when one of the following conditions apply: a. Open-water disposal at an approved USACE disposal site is the common method for disposal of maintenance dredge materials from navigation channels and basins; or b. If applicable, the use of dredge material to benefit shoreline resources shall be addressed through the implementation of a regional interagency dredge material management plan or watershed plan. Consistent. The DMMP (2018) has approved open-water disposal for the dredged material. 4. All dredge material disposal on state-owned aquatic lands must comply with the WDNR and the WDFW standards and regulations. Consistent. Dredge material disposal on state-owned aquatic lands has been approved and complies with WDNR and WDFW standards and regulations. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

171 C. Submittal Requirements 1. A detailed description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of the SMP shall be required for all dredging applications. Materials prepared for state or federal permits such as an HPA may be used to support the analysis. Consistent. This CZMA consistency determination contains an analysis of compliance with the policies and regulations of the SMP, and has been submitted with a Joint Aquatic Resources Form, which contain a detailed description of the purpose of the proposed dredging and may be used to support the analysis. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

172 5.5 CITY OF HOQUIAM SHORELINE MASTER PROGRAM The City of Hoquiam implemented the SMA through the preparation of a Shoreline Master Program (SMP), adopted on April 14, 1976 and revised on June 26, Dredging and disposal of dredged materials fall under the ambit of this plan. The applicable portions of this SMP are addressed below. 3. SHORELINE ENVIRONMENT 3.1 SHORELINE ENVIRONMENT DESIGNATION SYSTEM AQUATIC A. Purpose The purpose of the Aquatic shoreline environment designation is to protect, restore, and manage the unique characteristics and resources of shoreline jurisdiction waterward of the OHWM. Consistent. Maintenance dredging of the Grays Harbor and the Chehalis River Federal Navigation Channel does not constitute new development and occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Aquatic shoreline environment designation shall be consistent with the following policies: 4. Minimize interference with surface navigation, consider impacts to public views, and allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration in the location and design of all developments and uses. Consistent. The proposed action will maintain the navigation channel. Work will take place within authorized in-water work windows as to not impede the passage of fish and wildlife. 6. Prohibit uses that adversely affect the ecological functions of critical freshwater habitats except where necessary to achieve the objectives of RCW , and then only when the impacts are mitigated. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging occur in a manner to avoid and minimize adverse effects to the environment HIGH INTENSITY A. Purpose The purpose of the High Intensity shoreline environment designation is to provide for high intensity water-oriented commercial, industrial and port, mixed-use, transportation, and navigation uses while protecting existing ecological functions and restoring ecological functions in shoreline jurisdiction that have been degraded. Consistent. Maintenance of the navigation channel will facilitate water-oriented uses and navigation. Dredging occur in a manner to avoid and minimize adverse effects to the environment. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

173 Development within the High Intensity shoreline environment designation shall be consistent with the following policies: 1. Prioritize uses on sites with physical access to the water in the following order of preference: a. Water-dependent b. Water-related c. Water-enjoyment Consistent. Maintenance of the navigation channel will facilitate use of water-dependent, waterrelated, and water-enjoyment sites by allowing access to Grays Harbor and the Chehalis River. 4. Design new development located in shoreline jurisdiction to result in no net loss of ecological function. Consistent. Maintenance of the navigation channel does not constitute new development. No aspect of the action will permanently alter the existing ecological functions. 6. Require visual and physical access where feasible with physical access prioritized over visual access. Consistent. Maintenance of the navigation channel would temporarily impede visual access due to the presence of the dredging equipment in an extremely small portion of Grays Harbor overall, but would enable long-term physical access. A notice to mariners would be distributed to avoid and minimize disruption to navigation during maintenance dredging. 7. Seek to achieve the full use of existing urban lands in shoreline jurisdiction before expanding intensive development, subject to long-range projections of regional economic need and allowances to support future expansion of water-dependent and water-related uses. Consistent. Channel maintenance would encourage full use of the existing urban lands by providing access to Grays Harbor and the Chehalis River URBAN CONSERVANCY A. Purpose The Urban Conservancy shoreline environment designation is intended to provide for ecological protection and rehabilitation in relatively undeveloped areas in shoreline jurisdiction, while allowing agricultural use, water-oriented and non-water-oriented recreational development, low intensity residential development, and limited development suitable to lands characterized by ecological and flood hazard constraints. Consistent. Navigation channel maintenance will allow access to Grays Harbor and the Chehalis River and shorelines, and occur in a manner to avoid and minimize ecological disturbance. No aspect of the action will permanently alter the existing ecological functions. C. Management Policies Development within the Urban Conservancy shoreline environment designation shall be consistent with the following policies: 1. Allow uses that preserve the natural character of the shoreline environment, promote preservation of open space, floodway, floodplain, or critical areas directly, or over the long-term as the primary allowed Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

174 uses. Allow uses that result in restoration of ecological functions if the use is otherwise compatible with the purpose of the environment and setting. Consistent. Maintenance of the navigation channel will not alter the natural character of the shoreline environment and will only deepen the established navigation channel in Grays Harbor and the Chehalis River. 2. Implement public access and public recreation objectives whenever feasible and significant ecological impacts can be mitigated. Consistent. The navigation channel helps make public access and recreation possible. In-water work windows and equipment restrictions avoid and minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 3. Give preferred water-oriented uses priority instead of non-water-oriented uses. Water-dependent and recreational development should be given highest priority. Consistent. The navigation channel will provide access to Grays Harbor and the Chehalis River for water-oriented, water-dependent, and recreational uses. 4. Water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, such as boating and water access facilities, angling, and wildlife viewing trails are preferred uses, provided significant adverse impacts to the shoreline are mitigated. Consistent. Maintenance of the navigation channel does not constitute a water-dependent or waterenjoyment recreation facility. The navigation channel itself will not deplete the resource over time and maintenance operations have been designed to minimize ecological impacts. No aspect of the action will permanently alter the existing ecological functions. 5. Agriculture, forest practices, and low-intensity residential development when consistent with provisions of the SMP are preferred uses. Consistent. The navigation channel maintenance dredging will not interfere with these preferred uses. 6. Ensure that standards for new development for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications do not result in a net loss of ecological functions or degrade other shoreline values. Consistent. Maintenance dredging of the navigation channel is not considered a new development. 4. GENERAL POLICIES & REGULATIONS 4.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES POLICIES A. Encourage consultation with professional archaeologists and historians to identify areas containing potentially valuable archaeological or historic resources, and establish procedures for protecting, and if necessary, salvaging the resource. Appropriate agencies to consult include, but are not limited to, the Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

175 DAHP, the Confederated Tribes of the Chehalis Reservation, the Shoalwater Bay Tribe, and the Quinault Indian Tribe. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. Preserve archeological or historic sites permanently for scientific study and public observation whenever feasible. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. D. Prevent the destruction of or damage to a site that has been inadvertently uncovered and has historic, cultural, scientific, or educational value as identified by the appropriate authorities, including affected tribes and the DAHP. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. E. Design and operate the proposed development to be compatible with the continued protection of the site, where development or demolition activity is proposed adjacent to an identified archaeological or historic site. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging REGULATIONS A. Permits issued in areas documented to contain archaeological resources shall require a site inspection or evaluation by a professional archaeologist in coordination with affected tribes and DAHP prior to any ground disturbance as part of the permitted activity. Failure to complete a site survey shall be considered a violation of the shoreline permit. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. B. Where a professional archaeologist has identified an area or site as having significant value, or where an area or site is listed in local, state, or federal historical registers, the Shoreline Administrator may condition the development approval to preserve the features. Potential conditions may include measures to preserve or retrieve the resources, modify the site development plan to reduce impacts, or mitigate the impacts as authorized through the State Environmental Policy Act (SEPA), or other local, state, or federal laws. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. C. The applicant shall stop work immediately and contact the city, the DAHP, and affected tribes if any archaeological resources are uncovered during work within shoreline jurisdiction. Consistent. The USACE anticipates no historic properties affected by continued maintenance dredging. 4.3 ENVIRONMENTAL IMPACTS AND MITIGATION POLICY Avoid or mitigate impacts to shoreline jurisdiction to ensure the standards of no net loss to function are met. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

176 Consistent. Navigation channel maintenance is conducted to avoid and minimize disturbance to ecological function REGULATIONS A. The environmental impacts of development proposals shall be analyzed and include measures to mitigate environmental impacts not otherwise avoided or minimized by compliance with the SMP and other applicable regulations. Consistent. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. The proposed action is in substantive compliance with the applicable regulations. B. Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and 6. Monitoring the impact and the compensation projects and taking appropriate corrective measures. C. In determining appropriate mitigation measures applicable to development in shoreline jurisdiction, lower priority measures should be applied only where higher priority measures are determined to be infeasible or inapplicable. D. Mitigation shall not be required that exceeds what is necessary to assure the development will result in no net loss of ecological functions in shoreline jurisdiction. E. When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation measures that have been identified within a watershed plan, and address limiting factors or other critical resource conservation needs in shoreline jurisdiction may be authorized. Authorization of compensatory Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

177 mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. Consistent (with [B-E]). Dredging operations for the maintenance of the navigation channel follow the general sequence of steps in 4.3.2(B), and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for the maintenance of the navigation channel follow the general sequence of steps above, and avoid and minimize environmental impacts through the use of in-water work windows and equipment restrictions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 4.6 PUBLIC ACCESS POLICIES A. Protect and enhance the public s visual and physical access to shorelines of the state to the greatest extent feasible. C. Maintain, enhance, and increase public access in accordance with the following priorities unless found infeasible: 1. Maintain existing public access sites and facilities, rights-of-way, and easements. 4. Encourage public access to shorelines as part of shoreline development. Consistent. The proposed action will maintain the navigation channel that provides public access to Grays Harbor, the Chehalis River, and their shorelines. During dredging and disposal, access may be temporarily limited but a notice to mariners will be coordinated in advance to prevent conflicts to navigation. E. Ensure that development does not impair or detract from public access to the water through standards for design, construction, and operation. Consistent. The navigation channel provides public access to the water. During dredging and disposal, access to the immediate area may be temporarily limited but will be coordinated in advance through notices to mariners REGULATIONS A. Public access shall be designed to achieve no net loss of ecological functions. Where impacts are identified, mitigation shall be required. Consistent. No aspect of the action will permanently alter the existing ecological functions. Dredging operations for maintenance of the navigation channel avoid and minimize environmental impacts through timing and dredge equipment restrictions. Dredging occurs during authorized in-water work Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

178 windows and a clamshell dredge is used in the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. B. Public access shall be required for the following shoreline developments and uses: 4. All other development not subject to the restrictions in SMP Section (C). Consistent. The USACE does not restrict use of the navigation channel. During maintenance dredging and dredged material placement operations, access to the immediate area may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners POLICIES B. Prevent impacts to water quality and stormwater quantity that would result in net loss of shoreline ecological function, significant impacts to aesthetic qualities, or recreational opportunities. Consistent. Maintenance dredging and material placement operations will comply with State water quality standards to prevent impacts to water quality. The USACE is pursuing a CWA Section 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. 5. SPECIFIC SHORELINE USE POLICIES AND REGULATIONS 5.2 GENERAL SHORELINE USE POLICIES F. Do not permit uses where they would result in a net loss of shoreline ecological functions, adversely affect the quality or extent of habitat for native species, adversely affect other habitat conservation areas, or interfere with navigation or other water- dependent uses. Consistent. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. No aspect of the action will permanently alter the existing ecological functions. During maintenance dredging and dredged material placement operations, access may be temporarily blocked due to the presence of dredging equipment and vessels, but this access restriction would be coordinated in advance by a notice to mariners. 6. SHORELINE MODIFICATION POLICIES & REGULATIONS POLICIES A. Ensure shoreline modifications individually and cumulatively do not result in a net loss of ecological functions. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

179 Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact. A draft EA has been prepared to fulfill requirements of the NEPA that assesses the individual and cumulative effects of maintenance of the navigation channel REGULATIONS D. Shoreline modifications must be designed and located to ensure that they will not result in a net loss of shoreline ecological functions and will not have significant adverse impacts to shoreline uses, resources, and values provided for in RCW Consistent. No aspect of the action will permanently alter the existing ecological functions. The navigation channel maintenance dredging and dredged material placement operations are conducted with timing and dredging equipment restrictions to avoid and minimize ecological impact to shoreline uses, resources, and values provided for in RCW E. Shoreline modifications and uses shall be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. Consistent. Maintenance dredging and disposal of dredged material will not alter natural hydrographic conditions. Short-term and minor pulses of turbidity are associated with dredging and material placement; however, this temporary effect will be minimized and will not continue beyond the end of dredging. The USACE is pursuing a CWA 401 Water Quality Certification review from Ecology and will comply with all applicable conditions. H. All shoreline modifications are subject to the mitigation sequence in SMP Section 4.03, with appropriate mitigation required for unavoidable impacts to ecological functions. If critical areas in shoreline jurisdiction are impacted, the project is also subject to relevant requirements of SMP Section Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. 6.4 DREDGING AND DREDGE MATERIAL DISPOSAL POLICIES Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

180 A. Conduct dredging in a manner that utilizes mitigation sequencing and ensures no net loss of shoreline ecological functions. B. Allow dredging for navigation channels, marine terminal berths, and mooring structures to assure safe and efficient accommodation of existing navigational uses, only when significant ecological impacts are minimized and mitigated. Consistent. Dredging and material placement operations for the maintenance of the navigation channel follow the general mitigation sequence in 4.03, and primarily avoids environmental impacts through the use of timing and equipment restrictions. No aspect of the action will permanently alter the existing ecological functions. A clamshell dredge is used to dredge the inner reaches and the Crossover Reach whenever feasible to reduce entrainment of aquatic organisms. The Grays Harbor and Chehalis River maintenance dredging results in the loss of a relatively small number of crab and will have a discountable effect on the Dungeness crab population in Grays Harbor such that mitigation is not necessary. Based on previous analysis of the project area (USACE 2014) and current harvest trends, the USACE anticipates loss of some crab, but not enough for a measurable impact on population abundance or catch rates of the commercial, tribal, or recreational fisheries when compared to the average annual commercial harvest in the Grays Harbor area. C. Maintenance dredging of established navigation channels, basins, and marine terminal berths should be restricted to maintaining previously dredged or existing locations, to their authorized depths and widths. Consistent. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with dredged material placement among five previously used material placement sites. D. Permit dredging as part of restoration or enhancement, public access, flood storage, or navigation if deemed consistent with the SMP. Consistent. Maintenance dredging and disposal is for the purpose of navigation in Grays Harbor and the Chehalis River. E. Prohibit dredging waterward of the OHWM to obtain fill except when the dredge material is necessary for the restoration of shoreline ecological functions or as part of a flood hazard management program. Consistent. Dredging waterward of the OHWM is not for the sole purpose of obtaining fill; the purpose is to maintain the navigation channel. F. Site new development to avoid the need for new and maintenance dredging. Where avoidance is not feasible, ensure the site is designed to minimize the need for dredging. Consistent. Maintenance of the navigation channel does not constitute new development. Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five previously established placement sites. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

181 G. Prefer the disposal of dredged material on land outside of the shoreline jurisdiction to open-water disposal. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement site selection is based on several factors, including location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. H. Coordinate local, state, and federal permit requirements for dredging. Consistent. All applicable local, state, and federal permit requirements for dredging have been coordinated or coordination will be complete prior to dredging REGULATIONS A. Dredging 1. Dredging and dredge disposal proposals shall utilize the mitigation sequence in SMP Section Where adverse impacts are unavoidable, a mitigation plan shall be prepared by a qualified professional consistent with the provisions of SMP Section Consistent. Please see section above. 2. Dredging shall only be permitted for the following activities: f. Maintenance dredging of established navigation channels and basins, so long as the dredging is restricted to the previously dredged or authorized location, depth, and width. Such dredging shall be considered an exempt activity so long as it meets the requirements of SMP Section Consistent. The proposed action is for the maintenance dredging of an established navigation channel, and will be limited to previously dredged and authorized locations, depths, and widths. 3. Applicants must receive all applicable state and federal permits prior to the commencement of any dredging. Consistent. All applicable local, state, and federal permits for dredging and disposal have been or will be obtained prior to dredging. 4. Dredging shall be prohibited for the primary purpose of obtaining fill material, except when permitted under SMP Section 4.05 or when necessary for the restoration of shoreline ecological functions. In the latter case: a. Dredge material must be placed waterward of the OHWM. b. The project must be associated with either a MTCA or CERCLA habitat restoration project or, if the project is approved through a shoreline conditional use permit, the project may be another significant habitat enhancement project. Consistent. The primary purpose of the maintenance dredging and disposal is not to obtain fill material. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

182 5. New development shall be sited and designed to avoid or minimize the need for new or maintenance dredging. Consistent. The maintenance dredging and disposal is not considered a new development. B. Dredge Material Disposal 1. Dredge material disposal within shoreline jurisdiction may be permitted so long as: a. Shoreline ecological functions and processes are preserved, restored, or enhanced. Factors to consider include surface and groundwater protection, erosion, sedimentation, and the impacts of floodwaters or runoff; and b. The disposal will not negatively affect public or private property. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. No aspect of the action will permanently alter the existing ecological functions. Dredged material disposed within shoreline jurisdiction will benefit the nearshore littoral zone, longshore drift zone, and maintain the beach profile at Half Moon Bay. Additionally, dredged material will be used at the Point Chehalis Revetment Extension Mitigation site as necessary to ensure the toe of the revetment remains buried. The disposal will not negatively affect public or private property. 2. Disposal of dredge material within CMZs is discouraged. In the limited instances where it is allowed, such disposal shall require a shoreline conditional use permit, if this provision is not intended to address the discharge of dredge material into the flowing current of a river or in deep water within the channel where it does not substantially affect the geohydrologic character of the CMZ. Consistent. Disposal of dredged material is among five previously established placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement will not substantially affect the geohydrologic character of the CMZ. 3. Dredge material disposal in open waters may be approved when authorized by the Dredge Material Management Office or other applicable state and federal agencies, which may include the USACE in accordance with Section 10 (Rivers and Harbors Act) and Section 404 (CWA) permits and the WDFW HPA; and when one of the following conditions apply: a. Open-water disposal at an approved USACE disposal site is the common method for disposal of maintenance dredge materials from navigation channels and basins; or b. If applicable, the use of dredge material to benefit shoreline resources shall be addressed through the implementation of a regional interagency dredge material management plan or watershed plan. Consistent. Dredged material has been approved by the DMMP (2018) for open-water disposal. 4. All dredge material disposal on state-owned aquatic lands must comply with the WDNR and the WDFW standards and regulations. Consistent. Dredge material disposal on state-owned aquatic lands has been approved and, via the DMMP, complies with WDNR and WDFW standards and regulations. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

183 C. Submittal Requirements 1. A detailed description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of the SMP shall be required for all dredging applications. Materials prepared for state or federal permits such as an HPA may be used to support the analysis. Consistent. This CZMA consistency determination contains an analysis of compliance with the policies and regulations of the SMP, and has been submitted with a Joint Aquatic Resources Form, which contains a detailed description of the purpose of the proposed dredging and may be used to support the analysis. 5.6 GRAYS HARBOR COUNTY SHORELINE MASTER PROGRAM Grays Harbor County implemented the SMA through the preparation of a Shoreline Master Program (SMP), adopted on June 3, 1974 (Resolution #7419) and updated on 5 April Dredging and disposal of dredged materials fall under the ambit of this plan. The applicable portions of this SMP are addressed below. Chapter 2. Shoreline Management Policies, Activity Policies, 6. Dredging: (a) Dredging should minimize damage to existing ecological values, natural resources and the river system of both the area to be dredged and the area for deposit of dredged materials and shall also minimize water quality degradation. Consistent. Ongoing coordination since maintenance dredging began with public agencies, Tribal Nations, and the public has resulted in annual maintenance dredging timing and methods that minimize ecological and environmental impacts. No aspect of the action will permanently alter the existing ecological functions. (b). Spoil deposit sites in water areas should be identified in cooperation with the State Departments of Natural Resources (DNR) and Washington Department of Fish and Wildlife (WDFW). Depositing of dredge material in water areas should be allowed only for habitat improvements, to correct problems of material distribution affecting adversely fish and shellfish resources, or where the alternative of depositing material on land is more detrimental to shoreline resources than depositing dredge material in water areas. Consistent. The Point Chehalis and South Jetty disposal sites are multiuser open-water dredged material disposal sites. Large expanses of undeveloped lands adjacent to Grays Harbor are typically a mixture of beach-dune complex and wetlands, which have important value as fish and wildlife habitat. In addition, placement of outer harbor materials in upland or wetland sites that do not erode would remove sediments from the littoral cell in this already sediment-starved area; dredged material placed at the two upland placement sites is expected to eventually erode into the littoral zone. Therefore, use of such areas is considered more environmentally damaging than open-water disposal. (c). Dredging of bottom materials for the single purpose of obtaining fill material should be discouraged. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

184 Consistent. The purpose of the proposed dredging is to maintain the authorized navigation channel depth. (d). Ship channels, turning and moorage basins should be identified and no new such areas should be prepared or used without sufficient evidence that existing channels and basins are inadequate. Consistent. Only the existing navigation channel reaches (Figure 2) will be dredged. No new areas will be dredged. (e). The use of dredge spoils for purposes other than landfill is encouraged. Consistent. Disposal of dredged material is among five placement sites: two multiuser open-water sites, two nearshore aquatic sites, and one upland site. Placement site selection is based on several factors, including location (reach) of the dredged material; disposal/placement site available capacity; weather and wave conditions at the time of disposal; presence of commercial crab pots in a disposal site and/or access lane; and dredge capability to place material upland. Chapter 2. Shoreline Management Policies, Natural System Policies, 3. Estuary: (a) Because of poor flushing action in the upper harbor during summer low flows, any necessary dredging, spoiling, and filling should be scheduled during high flow seasons. Consistent. Dredging and dredge material placement takes place during designated in-water work windows, and have coincided with high flow conditions in the past. Chapter 2. Shoreline Management Policies, Natural System Policies, 8. General: Excavation, including dredging of channels and marinas, removal of sand or gravel for construction of roads or fills, excavation of drainage ditches and grading should be controlled to minimize removal of vegetation and cemented surface soil layers; release of sediment into water; removal of fertile soils, deepening of water where this would have adverse impacts on habitat; breaking the seal of an aquifer; change or blockage of current; smothering of underwater habitat; reduction of tidal flushing action or reduction of water depth where this would be adverse to production of desirable plant and animal life, or would stimulate undesirable forms; undesirable changes in shoreline configuration; reduction of floodwater capacity of a riverine floodplain; elimination of fertile marsh habitat or creation of navigational hazards. Consistent. No vegetation will be removed during maintenance dredging or dredged material placement operations, as only previously disturbed, existing channel and disposal areas will be used. Dredging and dredged material placement operations are conducted to avoid and minimize ecological impacts, such as using timing of regulated in-water work windows and equipment restrictions (See (A)). Maintenance dredging and disposal will take place within the previously disturbed navigation channel to the authorized depths and widths, which includes authorized overdepth and advanced maintenance where applicable, with material placement among five established placement sites. Dredging and dredged material placement operations will result in temporary, localized increases in turbidity, and the USACE anticipates receiving a CWA Section 401 Water Quality Certification from Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

185 Ecology prior to maintenance dredging and disposal. The proposed work will maintain only the existing navigation channel, so baseline habitat, current, and tidal flushing conditions will be maintained. Direct beach and nearshore nourishment disposal will not result in undesirable changes in shoreline configuration. No marsh habitat will be impacted by this maintenance work. Navigational hazards will be reduced by the proposed project. Chapter 2. Shoreline Management Policies, Amenity Policies, 3. Archeological Areas and Historic Sites: (a) Where possible local government should consult professional archeologists to identify areas containing potentially valuable archaeological data, and to establish procedures for salvaging the data. Consistent. Professional archaeologists provided technical advice during the planning phases of the Grays Harbor navigation improvement project. Literature reviews and side-scan sonar investigations of channel dredging and disposal sites located no cultural resources in the project footprint. (d). The National Historic Preservation Act of 1966 and Chapter RCW are hereby adopted as policies of this Master Program and their administration and enforcement is encouraged. Consistent. The USACE has determined that the proposed work complies with the National Historic Preservation Act. Since the proposed dredging is confined to the removal of recently deposited sediments within the previously dredged channel width and depth boundaries, no historic properties will be affected by the project. Chapter 4. Shoreline Environment Designation Map, Activity Policies, 2. Channel Strip: The Urban Strip running through the Harbor is intended to follow existing channel lines. The purpose is to allow channel dredging and maintenance. Consistent. The navigation channel is designated as an Urban Environment area, and dredging is a permitted use (see Chapter 20, Urban Environment Regulations). Chapter 22. Conservancy Environment Regulations, 3. Conditional Uses: These and other unlisted uses may be allowed subject to the provisions of Chapter 33. Consistent. The Point Chehalis, South Jetty, and Half Moon Bay nearshore disposal sites are located within areas designated as Conservancy Environment. Dredged material disposal is not listed as an approved or conditional use in the Conservancy Environment. A Chapter 33 is not present in the 2002 plan update, or in the original 1974 plan. The 2017 draft SMP (which is subject to change before finalization) allows conditional use permits if the applicant can demonstrate compliance with WAC and: i. That the proposed use is consistent with the policies of RCW and this Program; ii. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; iii. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and; iv. That the public interest suffers no substantial detrimental effect. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

186 The proposed maintenance dredging and dredged material placement is consistent with WAC (review criteria for conditional use permits), RCW (use preference for shorelines of statewide significance), the Grays Harbor County SMP, and all other SMP authorized uses. No aspect of the action will permanently alter the existing ecological functions and maintaining the navigation channel is in the public interest. 6 STATEMENT OF CONSISTENCY Based on the above evaluation, the USACE has determined that the proposed maintenance dredging and disposal activities are consistent with the applicable policies and regulations specified in the Shoreline Management Plans for the Cities of Aberdeen, Cosmopolis, Hoquiam, Ocean Shores, and Westport, as well as Grays Harbor County, Washington. The proposed action is thus considered to be consistent to the maximum extent practicable with the enforceable policies of the State of Washington Shoreline Management Program and policies and standards of the Shoreline Management Plans for the Cities of Aberdeen, Cosmopolis, Hoquiam, Ocean Shores, and Westport, as well as Grays Harbor County, Washington. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

187 5.7 REFERENCES DMMP Determination Regarding the Suitability of Proposed Dredged Material from Maintenance of the Grays Harbor Federal Navigation Channel, Grays Harbor, Washington, for Placement at the Pt. Chehalis or South Jetty Dispersive Open-Water Disposal Sites, at an Approved Beneficial Use Location, or at an Approved Upland Site. Prepared by the USACE for the DMMP Agencies, February 8, USACE Grays Harbor, Washington Navigation Improvement Project General Investigation Feasibility Study FINAL Limited Reevaluation Report. Appendix C: Final Supplemental Environmental Impact Statement. Seattle District. June Seattle, Washington. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

188 Figure 1. Grays Harbor location on the southwestern coast of Washington State. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

189 Figure 2. Federally authorized Grays Harbor and Chehalis River Federal navigation channel reaches (yellow text) and disposal sites (purple boxes) in Grays Harbor County, Washington. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

190 Figure 3. Grays Harbor nearshore placement sites (South Beach and Half Moon Bay) and upland placement site (Point Chehalis Revetment Extension Mitigation Site). The dotted box around the South Beach nearshore placement site indicates the entire possible material placement area, and the inner purple box indicates a recent, typical material placement location. Black lines at the Half Moon Bay nearshore placement site divide the site into multiple placement areas. Bathymetric data, vessel size, presence of crab pots, weather, and other factors influence the exact location of material placement within a site. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

191 Figure 4. Grays Harbor dispersive sites: South Jetty and Point Chehalis. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

192 Table 1. Details of Grays Harbor Navigation Channel maintenance dredging organized by reach. REACH S. Aberdeen Elliott Slough Turning Basin Aberdeen Cow Point Cow Point Turning Basin Hoquiam North Channel Inner Crossover Outer Crossover South Reach Entrance/ Point Chehalis Bar Channel VOLUME (CUBIC YARDS) 1 ~150,000 Semi decadal ~60,000 biennially ~200,000 Semi decadal ~800,000 annually ~300,000 annually ~500,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~900,000 annually ~300,000 annually SEDIMENT TYPE silt / sand silt / sand silt / sand sandy silt sandy silt sandy silt silty sand silty sand silty sand sand sand sand DREDGE TYPE clamshell clamshell clamshell clamshell clamshell clamshell clamshell clamshell hopper or clamshell hopper hopper hopper CHANNEL DIMENSIONS 2-32 MLLW wide -32 MLLW wide -32 MLLW wide -38 MLLW wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW 350 wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW wide -40 to -46 MLLW wide -46 MLLW 900 wide DISPOSAL AREA(S) South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 Pt. Chehalis or Half Moon Bay South Beach, Half Moon Bay, or Pt. Chehalis 3 South Beach, or Pt. Chehalis 3 WORK CLOSURE 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 30 Jun 15 Feb to 30 Jun hopper: 1 Jun to 31 Mar clamshell 15 Feb to 31 Jul 1 Jul to 31 Mar 1 Jun to 31 Mar 1 Jun to 31 Mar WORK WINDOW 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 1 Aug to 14 Feb 1 Aug to 14 Feb hopper: 1 Apr to 31 May clamshell: 1 Aug to 14 Feb 1 Apr to 30 Jun 1 Apr to 31 May 1 Apr to 31 May 1 Volumes are based on historic shoaling rates and most recent condition surveys. Actual volumes dredged may be less than those in the table. Quantities have been added to the channels that are being deepened in based on those reported in the June 2014 LRR-SEIS. 2 Depths are authorized depths and do not include 2 advance maintenance or 2 overdepth allowance, except at South Aberdeen reach with 0 advance maintenance and 1 overdepth allowance and Elliott Slough Turning Basin with 3 advance maintenance for half of the channel. Widths are at channel bottom and do not include extra width at channel bends. 3 Adverse weather/wave relief site. Coastal Zone Management Act Consistency Determination Grays Harbor and Chehalis River Federal Navigation Channel Dredging and Disposal

193 Appendix D Agency Approval Letters Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 100

194 Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion, Section 7(a)(2) Not Likely to Adversely Affect Determination, Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat (EFH) Consultation, and Fish and Wildlife Coordination Act Recommendations Continued use of multi-user dredged material disposal sites in Puget Sound and Grays Harbor (Fourth Field HUCs Dungeness-Elwha, Strait of Georgia, Puget Sound, and Grays Harbor) Washington NMFS Consultation Number: Action Agency: WCR U.S. Army Corps of Engineers Affected Species and Determinations: ESA-Listed Species Status Is Action Likely to Adversely Affect Species? Is Action Likely To Jeopardize the Species? Is Action Likely To Destroy or Adversely Modify Critical Habitat? Puget Sound/Georgia Basin yelloweye rockfish (Sebastes ruberrimus) Threatened Yes No No Puget Sound/Georgia Basin canary rockfish (S. pinniger) Threatened Yes No No Puget Sound/Georgia Basin bocaccio (S. paucispinis) Endangered Yes No No Puget Sound Chinook salmon (Oncorhynchus tshawytscha) Threatened *No Lower Columbia River Chinook salmon (O. tshawytscha) Threatened *No Upper Willamette River Chinook salmon (O. tshawytscha) Threatened *No Hood Canal summer-run chum salmon (O. keta) Threatened *No Columbia River chum salmon (O. keta) Threatened *No Lower Columbia River coho salmon (O. kisutch) Threatened *No Puget Sound steelhead (O. mykiss) Threatened *No Southern North American green sturgeon (Acipenser medirosris) Threatened *No Southern Pacific eulachon (Thaleichthys pacificus) Threatened *No Southern Resident killer whale (Orcinus orca) Endangered *No Humpback whale (Megaptera novaeangliae) Endangered *No Leatherback sea turtle (Dermochelys coriacea) Endangered *No *Please refer to section 2.11 for the analysis of species or critical habitat that are not likely to be adversely affected.

195

196 United States Department of the Interior FISH AND WILDLIFE SERVICE In Reply Refer To: OlEWFW Washington Fish and Wildlife Office 510 Desmond Dr. SE, Suite 102 Lacey, Washington JUL Evan Lewis, Chief Environmental and Cultural Resources Branch Seattle District, U.S. Army Corps of Engineers ATTN: ERS Branch (Laufle) P.O. Box 3755 Seattle, Washington Dear Mr. Lewis: Subject: Continued Use of Multiuser Dredged Material Disposal Sites in Puget Sound and Grays Harbor This letter is in response to your June 2015 request for our concurrence with your determination that the proposed action in Puget Sound and Grays Harbor, Washington, "may affect, but is not likely to adversely affect" federally listed species. We received your letter, and Biological Evaluation, providing information in support of "may affect, not likely to adversely affect" determinations, on June 22, Project Description The Army Corps of Engineers (Corps) and the Dredged Material Management Program (DMMP) agencies propose to manage the operation and monitoring often open-water dredged material disposal sites, eight in Puget Sound and two in Grays Harbor. The disposal sites will be used by federal and non-federal entities for disposal of material that is suitable for open-water disposal. Three of the Puget Sound sites and both of the Grays Harbor sites will be used for dispersive disposal - currents will carry released dredged material so that sediments are dispersed. The remaining five Puget Sound sites will be used as non-dispersive sites - released dredged material will remain localized beneath the release site.

197 Evan Lewis 2 Specifically, you requested informal consultation pursuant to section 7(a)(2) of the Endangered Species Act of 1973, as amended (16 U.S.C et seq.) for the federally listed species and critical habitat identified below. Bull trout (Salvelinus confluentus) Bull trout critical habitat Marbled murrelet (Brachyramphus marmoratus) We believe that sufficient information has been provided to determine the effects of the proposed action and to conclude whether it would adversely affect federally listed species and/or designated critical habitat. Our concurrence is based on information provided by the action agency, best available science, and complete and successful implementation of agreed-upon conservation measures. EFFECTS TO BULL TROUT Effects and Disturbance Temporary and/or long-term effects from the action are not expected to measurably disrupt normal bull trout behaviors (i.e., the ability to successfully feed, move, and/or shelter), and are therefore considered insignificant and/or discountable: The action will result in temporary impacts to water quality, including potential temporary increases in elevated levels of turbidity and contaminants, although the threat of increased contaminants will be decreased by testing dredged material prior to disposal to ensure it does not have the potential to adversely affect biological resources. These effects will be intermittent and limited in physical extent and duration. Long-term use and operations of the dredged material disposal sites will not disrupt normal bull trout behaviors (i.e., the ability to successfully feed, loaf, move, and/or shelter).

198 Evan Lewis 3 Effects to Bull Trout Habitat and Prey Sources With successful implementation of the agreed-upon conservation measures, we expect that temporary impacts from the action will not measurably degrade or diminish habitat functions or prey resources in the action area, and effects are therefore considered insignificant and/or discountable: Construction methods and proposed permanent features may impact habitat that supports bull trout and/or their prey sources. These impacts will be limited in physical extent and/or duration, and will not measurably degrade habitat functions, including prey resources, that are important to bull trout within the action area: o o Use of the dredged material disposal sites may result in periodic and/or temporary impacts to water quality through elevated levels of turbidity and contaminants, although the threat of increased contaminants will be decreased by testing dredged material prior to disposal to ensure it does not have the potential to adversely affect biological resources; and these effects will be intermittent and of short duration. Any in-water disposal of dredged material will comply with a current, valid Site Use Authorization approved under the Dredged Material Management Program. The action will not degrade habitat functions that are important to bull trout or their prey resources, including diminishing forage fish or salmonid production. EFFECTS TO BULL TROUT CRITICAL HABITAT The final revised rule designating bull trout critical habitat (75 FR [October 18, 2010]) identifies nine Primary Constituent Elements (PCEs) essential for the conservation of the species. The proposed action may affect the PCEs listed below; however, effects to these PCEs are not expected measurably affect them and are therefore considered insignificant or discountable: PCE 2: Migration habitats with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and freshwater and marine foraging habitats, including but not limited to permanent, partial, intermittent, or seasonal barriers. The DMMP disposal sites are all greater than 50 feet in depth. Concentration of suspended sediment in nearshore areas is not expected to reach levels that would impede migration.

199 Evan Lewis 4 PCE 3: An abundant food base, including terrestrial organisms of riparian origin, aquatic macro invertebrates, and forage fish. The DMMP disposal sites are located offshore in deep water either where prey are not located or where the dredged material will rapidly disperse, not significanly altering the disposal area. PCE 4: Complex river, stream, lake, reservoir, and marine shoreline aquatic environments, and processes that establish and maintain these aquatic environments, with features such as large wood, side channels, pools, undercut banks and unembedded substrates, to provide a variety of depths, gradients, velocities, and structure. The action will have no effect on this PCE. PCE 5: Water temperatures ranging.from 2 to 15 C (36 to 59 F), with adequate thermal refugia available for temperatures that exceed the upper end of this range. Specific temperatures within this range will depend on bull trout life-history stage and form; geography; elevation; diurnal and seasonal variation; shading, such as that provided by riparian habitat; streamflow; and local groundwater influence. The action will have no effect on this PCE. PCE 8: Sufficient water quality and quantity such that normal reproduction, growth, and survival are not inhibited The action may impact water quantity and/or quality. However, the effects will be temporary; components of the project design include actions to avoid, reduce, or compensate for the effects from the impacts; and/or we would be unable to meaningfully measure, detect, or evaluate the effects. EFFECTS TO MARBLED MURRELET Effects - Marine Environment Temporary exposures and effects from the action are not expected to measurably disrupt normal marbled murrelet behaviors (i.e., the ability to successfully feed, move, and/or shelter) and are therefore considered insignificant and/or discountable: The action will result in temporary impacts to water quality, including potential temporary increases in elevated levels of turbidity and contaminants, although the threat of increased contaminants will be decreased by testing dredged material prior to disposal to ensure it does not have the potential to adversely affect biological resources. These effects would be intermittent and limited in physical extent and duration.

200 Evan Lewis 5 Long-term use and operations of the dredged material disposal sites may result in increased sound levels or other temporary stressors that could disturb marbled murrelets. However, due to the present level of development and activity in the vicinity, the action is not expected to disrupt normal marbled murrelet behaviors (i.e., the ability to successfully feed, loaf, move, and/or shelter). Effects to Marbled Murrelet Foraging Habitat and Prey Sources With successful implementation of the included conservation measures, we expect that temporary impacts from the action will not measurably degrade or diminish habitat functions or prey resources in the action area, and effects are therefore considered insignificant and/or discountable: Construction methods and proposed permanent features may impact habitat that supports marbled murrelets and/or their prey sources. These impacts will be limited in physical extent and/or duration and will not measurably degrade habitat functions, including prey resources that are important to marbled murrelets within the action area: o Use of the dredged material disposal sites may result in periodic impacts to water quality through elevated levels of turbidity and contaminants, although the threat of increased contaminants will be decreased by testing dredged material prior to disposal to ensure it does not have the potential to adversely affect biological resources; and these effects will be intermittent and short duration. o Any in-water disposal of dredged material will comply with a current, valid Site Use Authorization approved under the Dredged Material Management Program. The action will not degrade habitat functions that are important to marbled murrelets or their prey resources, including diminishing forage fish. Conclusion This concludes consultation pursuant to the regulations implementing the Endangered Species Act (50 CFR ). Our review and concurrence with your effect determination is based on the implementation of the project as described. It is the responsibility of the Federal action agency to ensure that projects that they authorize or carry out are in compliance with the regulatory permit and/or the Endangered Species Act, respectively. If a permittee or the Federal action agency deviates from the measures outlined in a permit or project description, the Federal action agency has the obligation to reinitiate consultation and comply with section 7( d). This project should be re-analyzed and re-initiation may be necessary if 1) new information reveals effects of the action that may affect listed species or critical habitat in a manner, or to an extent, not considered in this consultation, 2) if the action is subsequently modified in a manner

201 Evan Lewis 6 that causes an effect to a listed species or critical habitat that was not considered in this consultation, and/or 3) a new species is listed or critical habitat is designated that may be affected by this project. This letter and its enclosures constitute a complete response by the U.S. Fish and Wildlife Service to your request for informal consultation. A complete record of this consultation is on file at the Washington Fish and Wildlife Office, in Lacey, Washington. If you have any questions about this letter or our joint responsibilities under the Endangered Species Act, please contact the consulting biologist identified below. U.S. Fish and Wildlife Service Consultation Biologist(s): Lee Corum ( ) Sincerely, y\l\~l, ~~ ~ t' Eric V. Rickerson, State Supervisor Washington Fish and Wildlife Office

202 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Region 1201 NE Lloyd Boulevard, Suite 1100 Portland, OR Refer to NMFS No.: WCR January 26, 2018 Evan R. Lewis, Chief Environmental and Cultural Resources Branch Corps of Engineers, Seattle District Post Office Box 3755 Seattle, Washington Re: Endangered Species Act Section 7 Formal Consultation and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for U.S Army Corps of Engineers (COE) proposed 25-year maintenance dredging program for eight Federally-Authorized Navigation Channels in western Washington State. Dear Mr. Lewis: Thank you for your letter of December 16, 2016, requesting initiation of consultation with NOAA s National Marine Fisheries Service (NMFS) pursuant to section 7 of the Endangered Species Act of 1973 (ESA) (16 U.S.C et seq.) for U.S Army Corps of Engineers (COE) maintenance dredging program for eight federally-authorized navigation channels around the Puget Sound and along the west coast of Washington State. Thank you, also, for your request for consultation pursuant to the essential fish habitat (EFH) provisions in Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA)(16 U.S.C. 1855(b)) for this action. The enclosed document contains the biological opinion (Opinion) prepared by NMFS pursuant to section 7(a)(2) of the ESA on the effects of the proposed action. In this Opinion, NMFS concludes that the proposed action is likely to adversely affect but not likely to jeopardize the continued existence of Puget Sound Chinook salmon, Puget Sound steelhead, Southern eulachon, and Southern green sturgeon. NMFS also concludes that the proposed action is likely to adversely affect designated critical habitat for Puget Sound Chinook salmon, Hood Canal summer-run chum salmon, Puget Sound steelhead, Puget Sound/Georgia Basin bocaccio, and Southern green sturgeon but is not likely to result in the destruction or adverse modification of those designated critical habitats. In this Opinion, we also conclude that the proposed action is not likely to adversely affect any ESA-listed salmon from the Columbia and Willamette River evolutionarily significant units, and their designated critical habitats; Hood Canal Summer-run chum salmon; Puget Sound/Georgia Basin (PS/GB) bocaccio; PS/GB yelloweye rockfish and its designated critical habitat; seven ESA-listed marine mammal species; designated critical habitat for southern resident killer whales; four ESA-listed marine turtles; and designated critical habitat for leatherback turtles. WCR

203

204 Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Maintenance Dredging Program for Eight Federally-Authorized Navigation Channels Puget Sound and along the West Coast of Washington State NMFS Consultation Number: Action Agency: WCR U.S. Army Corps of Engineers Affected Species and Determinations: ESA-Listed Species Status Is Action Likely to Adversely Affect Species? Chinook salmon (Oncorhynchus tshawytscha) Is Action Likely To Jeopardize the Species? Is Action Likely to Adversely Affect Critical Habitat? Is Action Likely To Destroy or Adversely Modify Critical Habitat? Lower Columbia River Threatened No No N/A N/A Puget Sound (PS) Threatened Yes No Yes No Upper Willamette River Threatened No No N/A N/A chum salmon (O. keta) Columbia River Threatened No No N/A N/A Hood Canal Summer-run Threatened No No Yes No (HCSR) steelhead (O. mykiss) PS Threatened Yes No Yes No bocaccio (Sebastes Endangered No No Yes No paucispinis) Puget Sound /Georgia Basin (PS/GB) yelloweye rockfish Threatened No No No No (S. ruberrimus) PS/GB eulachon (Thaleichthys Threatened Yes No N/A N/A pacificus) Southern green sturgeon (Acipenser Threatened Yes No Yes No medirostris) Southern blue whales Endangered No No N/A N/A (Balaenoptera musculus) fin whale (B. physalus) Endangered No No N/A N/A humpback whales (Megaptera novaeanglia) Central America Endangered No No N/A N/A Mexico Threatened No No N/A N/A killer whales (Orcinus Endangered No No No No orca) Southern resident sei whales (B. borealis) Endangered No No N/A N/A sperm whales (Physeter Endangered No No N/A N/A macrocephalus) green sea turtle (Chelonia Threatened No No N/A N/A mydas) East Pacific leatherback sea turtles (Dermochelys coriacea) Endangered No No No No WCR

205

206 United States Department of the Interior In Reply Refer To: 0lEWFW X Ref: I-0368-R00l I I l-i I lEWFW I-0444 FISH AND WILDLIFE SERVICE Washington Fish and Wildlife Office 510 Desmond Dr. SE, Suite 102 Lacey, Washington MAY Evan Lewis Chief, Environmental and Cultural Resources Branch Attn: N. Gleason Corps of Engineers, Seattle District P.O. Box 3755 Seattle, Washington Dear Mr. Lewis: Subject: Maintenance Dredging Programmatic of Selected Federal Authorized Navigational Channels with Disposal of Dredged Material at Designated Disposal Sites This letter is in response to your December 16, 2016, request for the U.S. Fish and Wildlife Service's (Service) concurrence with your determination that the Maintenance Dredging Programmatic "may affect, but is not likely to adversely affect" bull trout (Salvelinus conjluentus), designated bull trout critical habitat, marbled murrelet (Brachyramphus marmoratus), streaked homed lark (Eremophila alpestris strigata), designated streaked homed lark critical habitat, western snowy plover (Charadrius alexandrinus nivosus), and designated western snowy plover critical habitat. The project involves maintenance dredging at eight locations in western Washington: Swinomish Channel, Keystone Harbor, Snohomish River, Duwamish Waterway, Port Townsend Harbor, Quillayute River, Grays Harbor Navigation Channel, and Westhaven Cove Small Boat Basin Entrance Channels and placement of sediment

207 Evan Lewis 2 at 12 beneficial disposal sites. We received your letter and Biological Assessment on December 16, On March 16, 2017, the Service received an from the U.S. Army Corps of Engineers (Corps) adding two beneficial use sites to the Swinomish Channel dredging site. This informal consultation has been conducted in accordance with section 7(a)(2) of the Endangered Species Act of 1973, as amended (16 U.S.C et seq.) (ESA). The Corps proposes routine maintenance dredging in Federal Navigation Channels around Puget Sound and along the coast in Grays Harbor and the Quillayute River. The maintenance dredging program encompasses periodic removal of accumulated material from navigation channels using three methods of dredging: clamshell dredge, hydraulic pipeline dredge, or hopper dredge. Disposal of dredged material can occur at authorized multi-user open-water disposal sites, such as Dredged Material Management Program (DMMP) managed sites as well as placement in the nearshore zone for beneficial use (Table I). Beneficial use includes placement of material to enhance beaches, replace eroded shoreline, soften armored shoreline, and provide sediment for beach renourishment and local sediment drift cells. Disposal of sediment at DMMP sites is addressed through a previous consultation (USFWS 0lEWFW ). The Corps defined the duration of the project as occurring for the next 25 years (spanning from 2017 through 2042). The project involves numerous conservation measures to minimize project impacts. Specific conservation measures to avoid, minimize, or reduce impacts to listed species include: 1) Work will occur within the approved in-water work window for each location. 2) Containment berms are constructed with on-site material to hold dredge slurry water to allow infiltration into substrate (Keystone Beach, Site A, and Point Chehalis Revetment Extension Mitigation Site). 3) Dredged material is placed in the dry at low tide (Keystone Beach, First Beach, Site B, and Point Chehalis Revetment Extension Mitigation Site). 4) Clamshell dredging operation will be conducted in a manner that minimizes spillage of excess sediments from the dredge bucket and transport barge to minimize effects to water quality. The known occurrence of bull trout, bull trout critical habitat, marbled murrelet, streaked horned lark, streaked homed lark critical habitat, western snowy plover, and western snowy plover critical habitat, near or at the dredging and disposal sites is provided in Table 2. Some of the sites, for example the Swinomish Navigation Channel, are a couple miles long, and therefore, only a portion of the site may be in critical habitat or may have a species occurring nearby.

208 Evan Lewis 3 Table 1. The eight dredging sites, their disposal sites, and dredging method. Dredging Site Disposal Site(s) In-Water Disposal Upland Disposal Dredging Method DMMP Site Clamshell Swinomish Channel Keystone Harbor Snohomish River Duwamish Waterway Port Townsend Harbor Quillayute River Grays Harbor Navigation Channel Flowlane North: -60 to -120 feet MLL W "" Flowlane South: -60 to -120 feet MLLW DMMPSite DMMP Site DMMPSite First Beach Site B DMMP Site Westhaven Cove DMMPSite Small Boat Basin Entrance Channels MLL W mean lower low water Half Moon Bay: placed as close to shore as possible with a barge South Beach: placed as close to shore as possible with a barge Keystone Beach: supratidal and uooer intertidal zone Jetty Island: + 15 feet to + 1 feet MLLW Parcel "O": trucked to other regional sites Riverside: trucked to other regional sites Site A: trucked to other regional sites or First Beach First Beach: Intertidal above MLLW line Site B: placed on crest of Quillayute Spit Point Chehalis Revetment Extension Mitigation Site: Intertidal above +9 MLL W Clamshell or Hydraulic Clamshell or Hydraulic Clamshell or Hydraulic Clamshell Hydraulic Hydraulic Hydraulic Clamshell Clamshell Hydraulic Hydraulic Hydraulic Clamshell or hopper Clamshell or hopper Clamshell or hopper Hopper Dredge Clamshell or hydraulic

209 Evan Lewis 4 Table 2. The known occurrence of bull trout, bull trout critical habitat, marbled murrelet, streaked homed lark, streaked homed lark critical habitat, western snowy plover, and western snowy p 1 over cntlca.. 1 h a b' 1tat near o f at th e dr e d tgmgan. db ene fi 1c1al. d. 1soosa 1 sites. Bull Streaked Streaked. Western Western Bull Trout Marbled Horned Horned Lark Snowy Snowy Trout Critical Murrelet Lark Critical Plover Plover Habitat* Habitat Critical Habitat Dred2in2 Sites and Their Beneficial Use Disoosal Sites Swinomish Navigation Channel X M X Flowlane North X X Flowlane South X X Keystone Harbor X X Keystone Beach X Snohomish River Navigation X M,F X Channel Jetty Island X M X Riverside X F Site "O" X F Unoer Duwamish Waterway X F Port Townsend Navigation X X Channel Quillayute River X X Site A X X Site B X X First Beach X X Grays Harbor Navigation Channel X M,F X X X X X South Beach X X X X X X Half Moon Bay X M X X X X X Point Chehalis Revetment X M X X X X X Extension Miti ation Site Westhaven Cove Entrance X M X X X X X Channels * M -marine waters. F - freshwater, lower mainstem river. Designates whether marine or freshwater Primary Constituent Elements are present at the dredging or beneficial disposal sites. Bull Trout The action area contains foraging, migration, and overwintering habitat for anadromous bull trout. We expect that bull trout could occur throughout the action area. Dredging and disposal operations will result in degraded water quality and impact to benthic invertebrates. Temporary impacts to water quality, including episodic increases in turbidity, suspended sediments, and reduced dissolved oxygen concentrations, will be intermittent and will not be measurable beyond 600 feet down current of the dredging and disposal locations. The loss of benthic invertebrates would be at depths greater than that where normal bull trout foraging occurs. New sediment, placed in the supratidal and intertidal areas, will provide increased habitat for benthic invertebrates and will be rapidly colonized from the surrounding area. These effects will be intermittent and limited in physical extent and duration and will not result in injury or significant disruption to normal bull trout behavior.

210 Evan Lewis 5 In marine waters, bull trout prey species (e.g. forage fish and juvenile salmonids) concentrate in nearshore waters where organisms from lower trophic levels are abundant. Dredging and disposal activities may occur adjacent to documented forage fish spawning location. These activities may result in temporary elevated turbidity and suspended sediment levels but will not result in the long-term destruction or permanent removal of documented forage fish spawning habitat. Because the action will maintain the authorized channel depths and contours along the ten Federal Navigational Channels which are frequently and repeatedly dredged, we do not expect the action to measurably degrade habitat function. With successful implementation of the conservation measures, we do not expect bull trout to be measurably affected by the temporary effects of the action. Further, the long term effects of the action are not expected to measurably disrupt normal bull trout behaviors (feeding, moving, and sheltering). Therefore, the effects to bull trout are considered insignificant. Designated Bull Trout Critical Habitat The new critical habitat regulations (81 FR 7214) replaces the term Primary Constituent Element (PCE) with physical or biological features (PBFs). This shift in terminology does not change the approach used in conducting our analysis, whether the original designation identified PCEs, PBFs, or essential features. In this letter, the term PCE is synonymous with PBF or essential features of critical habitat. The proposed dredging and disposal at beneficial sites occurs at eight locations within Puget Sound and along the western coast of Washington at Grays Harbor and Quillayute River. Dredging occurs both within marine and tidally influenced portions of lower mainstem rivers. Table 1 identifies the dredging and beneficial disposal sites located within or near bull trout designated critical habitat. The dredging and beneficial disposal sites within or near bull trout critical habitat provide marine and/or freshwater foraging, migrating, and overwintering habitat for subadult and adult bull trout. Of the nice PCEs, five are located within the marine waters (PCEs: #2, #3, #4, #5, and #8). In the tidally influenced rivers, all PCEs except PCE #6, spawning and rearing habitat, are present. We have examined the anticipated effects of the proposed action on the applicable PCEs below. PCE #1 -Springs, seeps, groundwater sources, and subsurface water connectivity (hyporheic flows) to contribute to water quality and quantity and provide thermal refugia. The proposed action will have no effect on this PCE. PCE #2: Migration habitats with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and freshwater and marine foraging habitats, including but not limited to permanent, partial, intermittent, or seasonal barriers. Dredging and disposal activities may affect the migratory corridor and/or habitats as a result of suspended sediment releases. Dredging will result in impacts to water quality, including episodic increases in turbidity, suspended sediments, and reduced dissolved oxygen

211 Evan Lewis 6 concentrations. Placement of sediment at beneficial disposal sites will result in increased turbidity and suspended sediments when incoming tides inundate disturbed areas. However, water quality impacts will not preclude bull trout movement through the area and any effects will be temporary. The migration habitat will not be permanently altered, destroyed, or degraded. We anticipate that any impacts are unlikely to result in a measurable effect to the function of this critical habitat as a migratory corridor. No other physical, biological, and/or water quality barriers to the migratory corridor are anticipated as a direct or indirect result of the proposed action. Therefore, effects to this PCE are considered to be insignificant. PCE #3: An abundant food base, including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish. Dredging and disposal activities may impact the food base of bull trout through a reduction of prey individuals. Dredging will result in the loss of benthic invertebrates, however, this occurs at a depth greater than that where normal bull trout foraging occurs. Sediment disposal will result in decreased prey abundance (benthic invertebrates) due to placement of sediment within the intertidal zone as well as ground disturbance resulting from pipeline placement or method of placing sediment within the containment berms. These effects will be temporary as the new sediment will provide increased habitat for benthic invertebrates and will be rapidly colonized from the surrounding area. Therefore, effects to this PCE are expected to be insignificant. PCE #4: Complex river, stream, lake, reservoir, and marine shoreline aquatic environments, and processes that establish and maintain these aquatic environments, with features such as large wood, side channels, pools, undercut banks and unembedded substrates, to provide a variety of depths, gradients, velocities, and structure. The proposed action would not include any activities that would increase or decrease habitat complexity in the action area. Dredging all occurs in deep water and will not alter the shoreline aquatic environment and habitat complexity. Placement of sediment in the intertidal zone will benefit the nearshore habitat forming processes that establishes and maintains shoreline aquatic environment. No shoreline habitat features will be permanently removed, and there will be no long-term effects to processes that establish and maintain these environments. Therefore, effects to this PCE are expected to be insignificant. PCE #5: Water temperatures ranging.from 2 to J 5 C (36 to 59 F), with adequate thermal refugia available for temperatures that exceed the upper end of this range. The proposed action does not include any activities that would directly or indirectly alter water temperature. Therefore, the proposed action is expected to have no effect to this PCE. PCE #7: A natural hydrograph, including peak, high, low, and base flows within historic and seasonal ranges or, if flows are controlled, minimal flow departure from a natural hydrograph. The proposed action does not include any activities that would directly or indirectly alter the natural hydrograph. Therefore, no effects are anticipated to this PCE.

212 Evan Lewis 7 PCE #8: Sufficient water quality and quantity such that normal reproduction, growth, and survival are not inhibited. Dredging and disposal activities will result in temporary short-term impact to water quality. As described in PCE #2, dredging will result in impacts to water quality, including episodic increases in turbidity, suspended sediments, and reduced dissolved oxygen concentrations. Placement of sediment at beneficial disposal sites will result in increased turbidity and suspended sediments when incoming tides inundate disturbed areas. However, these effects will be temporary and of short duration and therefore, the effects to this PCE will be insignificant. PCE #9- Sufficiently low levels of occurrence of nonnative predatory (e.g., lake trout, walleye, northern pike, smallmouth bass); interbreeding (e.g., brook trout); or competing (e.g., brown trout) species that, if present, are adequately temporally and spatially isolated from bull trout. The project is not anticipated to result in the introduction of nonnative predatory, inbreeding, or competitive species into the action area. Therefore, the proposed action will have no effect to this PCE. Marbled Murrelets Marbled murrelets are known to use all the marine waters within Puget Sound and also along the coast of Washington. We expect that marbled murrelets could be present in the action area. For reasons summarized above (see Bull Trout), we expect that dredging and beneficial use of dredged materials will have limited impacts to water quality, substrates, and benthic invertebrates, and will have no measurable short- or long-term effect on forage fish abundance and availability. Dredging and disposal activities will result in measurable temporary increases in in-air sound levels. However, these effects will be intermittent and limited in physical extent and duration. Because the proposed action will largely maintain existing conditions, we conclude that the action will not measurably degrade marine habitat functions that are important to marbled murrelets or their prey. With full and successful implementation of the conservation measures, effects of the proposed action are not expected to result in measurable effects to marbled murrelets and are therefore considered insignificant. Western Snowy Plover, Western Snowy Plover Critical Habitat, Streaked Horned Lark, and Streaked Horned Lark Critical Habitat Damon Point and the Oyhut State Wildlife Recreation Area, located along the Washington Coast in Grays Harbor County, contain suitable nesting and foraging habitats for the western snowy plover and streaked homed lark. Western snowy plover nesting has not been documented in these areas since 2006, but they are considered essential for the long-term survival and recovery of the species. A nesting population of streaked homed larks is present on Damon Point and at the Oyhut State Wildlife Recreation Area.

213 Evan Lewis 8 The Service has designated Damon Point and the Oyhut State Wildlife Recreation Area as critical habitat for both the western snowy plover (77 FR 36805; June 19, 2012; Unit WA 2 - Damon Point) and streaked homed lark (78 FR 61561; October 3, 2013; Unit 3A Damon Point/Oyhut). Western snowy plovers occupy sandy beaches, inland dune systems, salt flats, mud flats, seasonally exposed gravel bars, and dredge spoil sites. The PCEs of designated critical habitat include: (PCE # 1) areas that are below heavily vegetated areas or developed areas and above the daily high tides; (PCE #2) shoreline habitat areas for feeding, with no or very sparse vegetation, that are between the annual low tide or low-water flow and annual high tide or high-water flow, subject to inundation but not constantly under water, that support essential food sources; (PCE #3) surf- or water-deposited organic debris, such as seaweed (including kelp and eelgrass) or driftwood located on open substrates, that supports and attracts food, provides cover or shelter from predators and weather, and assists in avoidance of detection for nests, chicks, and incubating adults; and (PCE #4) minimal disturbance from the presence of humans, pets, vehicles, or human-attracted predators, which provide relatively undisturbed areas for individual and population growth and for normal behavior. Damon Point's open landscape context and sparse, low-growing vegetation provide the physical and biological features that are essential to support nesting and wintering streaked homed larks. The PCEs of designated critical habitat include: (PCE #1) areas having a minimum of 16 percent bare ground with sparse, low-stature vegetation composed primarily of grasses and forbs less than 13 inches (33 cm) in height; and (PCE #2) large (300 acre), flat (0 to 5 percent slope) areas, or smaller areas, within a landscape context that provides visual access to open water or fields. Dredging activities within the Grays Harbor Navigation Channel and Westhaven Cove Small Boat Basin Entrance Channels and sediment disposal at the three beneficial use sites in Grays Harbor are all over 0.5 mile from Damon Point and one mile from the Oyhut State Wildlife Recreation Area where suitable western snowy plover and streaked homed lark nesting habitat is located. Based on the distance from suitable nesting habitat we do not expect measureable effects to nesting western snowy plovers, streaked homed larks, or their young. For reasons summarized above (see Bull Trout and Marbled Murrelets), we expect that the proposed action will have limited impacts. Because the proposed action's direct and indirect effects will not measurably degrade shoreline habitats or habitat functions that are important to the western snowy plover or the streaked homed lark, these effects are considered insignificant. Dredging and disposal activities will result in localized impacts and will have no measurable effects on the PCEs for both western snowy plover and streaked homed lark designated critical habitat. Dredging and disposal activities will not degrade shoreline habitats or habitat functions that are important to western snowy plovers, streaked horn larks, or their prey. Damon Point and Oyhut State Wildlife Recreation Area are likely to continue changing, but we expect that they will persist and continue to function as suitable western snowy plover and streaked homed lark nesting and foraging habitat into the future. Therefore, the action's effects to the PCEs and designated western snowy plover and streaked homed lark critical habitat are considered insignificant. The proposed action will not prevent the PCEs of critical habitat from being maintained, and will not degrade the current ability to establish functioning PCEs at the scale of the action area.

214 Evan Lewis 9 This concludes informal consultation pursuant to the regulations implementing the ESA (50 CFR ). This project should be re-analyzed and re-initiation may be necessary if 1) new information reveals effects of the action that may affect listed species or critical habitat in a manner, or to an extent, not considered in this consultation, 2) if the action is subsequently modified in a manner that causes an effect to a listed species or critical habitat that was not considered in this consultation, and/or 3) a new species is listed or critical habitat is designated that may be affected by this project. If you have any questions about this letter or our joint responsibilities under the ESA, please contact Jim Muck at (360) or jim muck@fws.gov. Sincerely, Eric V. Rickerson, tate Supervisor Washington Fish and Wildlife Office Literature Cited USFWS (U.S. Fish and Wildlife Service) Letter of Concurrence: Continued Use of Multiuser Dredged Material Disposal Site in Puget Sound and Grays Harbor. Reference No.: OlEWFW Washington Fish and Wildlife Office, Lacey WA.

215 Appendix E Public Notice Grays Harbor and Chehalis River Navigation Channel Maintenance Draft Environmental Assessment Page 101

216 Public Notice Navigation Section Notice Date: May 17, 2018 PO Box 3755 Expiration Date: June 16, 2018 Seattle, WA Reference: PMP ATTN: Hans Miller (OD-TS-NS) or Kaitlin Whitlock (PMP-E) US ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 2018 THROUGH 2033 MAINTENANCE DREDGING AND DISPOSAL, GRAYS HARBOR AND CHEHALIS RIVER FEDERAL NAVIGATION PROJECT, WASHINGTON Interested parties are hereby notified that the U.S. Army Corps of Engineers, Seattle District (Corps) plans to continue routine dredging and disposal activities associated with maintenance of the Grays Harbor and Chehalis River Federal navigation channel. The maintenance program for 2018 through February 2033 is described below, and the location of the proposed dredging and disposal sites are shown on the attached plans (Attachment A). The dredging would be performed within the designated period as necessitated by shoaling conditions within the navigation channel, and as permitted by the availability of Federal resources. The purpose of this Public Notice is to solicit comments from interested persons, groups and agencies on the Corps proposal for disposal of dredged material into the waters of the U.S. This Public Notice is being issued in accordance with rules and regulations published as 33 CFR 335 Operation and Maintenance of Army Corps of Engineers Civil Works Projects Involving the Discharge of Dredged or Fill Material into Waters of the U.S. or Ocean Waters ; 33 CFR 336 Factors to be Considered in Evaluation of Army Corps of Engineers Dredging Projects Involving the Discharge of Dredged Material into Waters of the U.S. and Ocean Waters ; 33 CFR 337 Practice and Procedure ; and 33 CFR 338 Other Corps Activities Involving the Discharge of Dredged Material or Fill into Waters of the U.S. PURPOSE AND PROJECT OBJECTIVE The purpose of the dredging project is to maintain congressionally-authorized project depths which provide safe navigation and wide turning areas for large ships while they traverse Grays Harbor from the Pacific Ocean to the Port of Grays Harbor and local facilities at the cities of Aberdeen, Hoquiam, and Cosmopolis. This dredging maintains the ability of large ocean-going vessels to enter and leave the Port of Grays Harbor and other nearby facilities safely. Operations at the Port of Grays Harbor are critical to the local economy directly and indirectly provides for hundreds of local jobs.

217 AUTHORITY Improvements at Grays Harbor and the bar entrance were first authorized in the Rivers and Harbors Act of 1896 (54th Congress, Session 1). The Grays Harbor and Chehalis River project was adopted 30 August 1935 (74th Congress, Session 1). The 1935 Rivers and Harbors Act combines former projects "Grays Harbor and Bar entrance" and Grays Harbor, Inner Portion and Chehalis River, adopted by Acts of 3 June 1896, 2 March 1907, 25 June 1910, 8 August 1917, 21 January 1927, and 3 July 1930, and modified 2 March 1945, 30 June 1948, and 3 September More recently, dredging the navigation channel to 38 feet mean lower low water (MLLW) was authorized as the Navigation Improvement Project by Congress in Section 202 of the Water Resources Development Act of 1986 (Public Law ). However, only three outer reaches were deepened to their authorized depths at that time; execution of deepening of the remainder of the reaches was initiated in 2016 after a Limited Reevaluation Report and Supplemental Environmental Impact Statement (LRR-SEIS) was completed, and is slated for completion in 2018 prior to commencement of maintenance dredging conducted pursuant to this Public Notice. FEDERAL MAINTENANCE DREDGING The proposed work continues annual maintenance dredging by mechanical (clamshell) and hydraulic (hopper) dredges of an estimated 3,700,000 cubic yards (CY) of sediment annually from the deep draft Grays Harbor and Chehalis River navigation project and the maximum annual volume is estimated at 4,400,000 CY. Placement of the resulting material will be in existing approved open water dispersive disposal sites, nearshore nourishment sites, and one upland site. Table 1 that follows contains the quantity of material expected to be removed by reach, dredge type, depth, disposal area, and planned work periods. The proposed dredged material has been tested and determined suitable for open water disposal, as found in the most recent suitability determination dated February 2018 by the regulatory agencies which have jurisdiction over dredged material disposal in open-water sites associated with Grays Harbor. Sediment testing includes both chemical and biological testing. All sediment testing data are available at the Corps Dredge Material Management Office ( NOTE: Ancillary, Non-Federal clamshell maintenance dredging is performed annually by the Port of Grays Harbor at their Port Terminals under separate individual Corps permits. Mr. Mike Johnson, Port Contract Administrator (360) is a suggested point of contact regarding Port maintenance activities. MAINTENANCE MATERIAL BENEFICIAL USE/DISPOSAL The proposed work includes Disposal or placement of dredged material among five sites: two open-water disposal sites (Point Chehalis and South Jetty), two subtidal nearshore aquatic placement sites (Half Moon Bay and South Beach), and one upland placement site (Point Chehalis Revetment Extension Mitigation site). The multiuser open-water sites, Point Chehalis and South Jetty are dispersive in nature. The Point Chehalis and South Jetty sites were selected because current measurements indicated that material would be effectively carried westward out of the estuary and into the longshore drift cell, thus reducing the likelihood that material would be recirculated on to harbor mudflats, eelgrass beds, and oyster beds. Additionally, disposal of material was desirable at these sites to

218 stem the undercutting of the South Jetty as a result of tidal scouring action. The Point Chehalis site was placed in an area with historically deep water and proven capacity for placement of dredged material. Material placed in the nearshore and upland sites is outer harbor material derived from marine sources. The purpose of placement at the Half Moon Bay and Point Chehalis Revetment Extension Mitigation sites is to maintain a stable beach profile west of the Point Chehalis revetment extension constructed in 1999 and to ensure that the armor stone toe of the revetment extension is not exposed. The Point Chehalis Revetment Extension Mitigation Site is located above the mean higher high water (MHHW) elevation (+9 feet MLLW at this location), but sand from the site erodes into Half Moon Bay during high tide and storm events. Following placement, the material erodes through natural processes and enters the nearshore zone and thus the littoral system. Material placed in the South Beach nearshore aquatic site returns material to the nearby longshore drift system. The purpose of placement at this site is to slow beach erosion on the south side of the South Jetty resulting from the interruption of longshore sediment transport by the two jetties at the mouth of Grays Harbor.

219 Table 1. Details of Grays Harbor Navigation Channel maintenance dredging organized by reach. VOLUME CHANNEL SEDIMENT DREDGE DISPOSAL WORK REACH (CUBIC DIMENSIONS YARDS) 1 TYPE TYPE 2 AREA(S) CLOSURE S. Aberdeen Elliott Slough Turning Basin Aberdeen Cow Point Cow Point Turning Basin Hoquiam North Channel Inner Crossover Outer Crossover South Reach Entrance/ Point Chehalis Bar Channel ~150,000 Semi decadal ~60,000 biennially ~200,000 Semi decadal ~800,000 annually ~300,000 annually ~500,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~300,000 annually ~900,000 annually ~300,000 annually silt / sand silt / sand silt / sand sandy silt sandy silt sandy silt silty sand silty sand silty sand sand sand sand clamshell clamshell clamshell clamshell clamshell clamshell clamshell clamshell hopper or clamshell hopper hopper hopper -32 MLLW wide -32 MLLW wide -32 MLLW wide -38 MLLW wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW 350 wide -38 MLLW wide -38 MLLW 350 wide -38 MLLW wide -40 to -46 MLLW wide -46 MLLW 900 wide South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 South Jetty or Pt. Chehalis 3 Pt. Chehalis or Half Moon Bay South Beach, Half Moon Bay, or Pt. Chehalis 3 South Beach, or Pt. Chehalis 3 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 15 Jul 15 Feb to 31 Jul 15 Feb to 31 Jul hopper: 1 Jun to 31 Mar clamshell 15 Feb to 31 Jul 1 Jul to 31 Mar 1 Jun to 31 Mar 1 Jun to 31 Mar WORK WINDOW 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 16 Jul to 14 Feb 1 Aug to 14 Feb 1 Aug to 14 Feb hopper: 1 Apr to 31 May clamshell: 1 Aug to 14 Feb 1 Apr to 30 Jun 1 Apr to 31 May 1 Apr to 31 May 1 Volumes are based on historic shoaling rates and most recent condition surveys. Actual volumes dredged may be less than those in the table. Quantities have been added to the channels that are being deepened in based on those reported in the June 2014 LRR-SEIS. Average volumes include 2 overdepth in all reaches, plus 2 advance maintenance at Cow Point and Cow Point Turning Basin. 2 Depths are authorized depths and do not include 2 advance maintenance or 2 overdepth allowance, except at South Aberdeen reach with 0 advance maintenance and 1 overdepth allowance and Elliott Slough Turning Basin with 3 advance maintenance for half of the channel. Widths are at channel bottom and do not include extra width at channel bends. 3 Adverse weather/wave relief site.

220 ENVIRONMENTAL COMPLIANCE The proposed maintenance activities will be reviewed in accordance with the National Environmental Policy Act of 1969 (42 U.S.C et seq.); the Endangered Species Act of 1973 (16 U.S.C et seq.); Section 404 of the Clean Water Act (33 U.S.C. 1344); Coastal Zone Management Act of 1972 as amended (16 U.S.C et seq.), and the National Historic Preservation Act of 1966 as amended (54 U.S.C et seq.). A Draft Environmental Assessment (EA) and 404(b)(1) evaluation have been prepared for this action and are available online as Grays Harbor and Chehalis River Maintenance Dredging and Disposal : The Draft EA s public comment period is concurrent with the comment period for this Public Notice. The Draft EA will be available at the Timberland Regional Library branches in Aberdeen, Hoquiam, and Westport as well as the Ocean Shores Library. Once complete, the EA will be posted and available on the Seattle District web site listed above. The USACE determined that the proposed maintenance dredging and dredged material placement at nearshore and upland sites may affect, but is not likely to adversely affect any ESAlisted species or designated critical habitat and prepared documentation of this determination (USACE 2016). The USFWS agreed with this determination and the USACE received a letter of concurrence May 24, NMFS agreed that the proposed action is not likely to adversely affect most ESA-listed species or designated critical habitat; however, NMFS concluded that Southern green sturgeon and their critical habitat and Southern eulachon are likely to be adversely affected in Grays Harbor and the USACE received a biological opinion January 26, 2018 (NMFS 2018). The USACE determined the proposed dredged material placement at the multiuser open-water sites is not likely to adversely affect any ESA-listed species or designated habitat and prepared documentation of this determination (USACE 2015). The USFWS provided a letter of concurrence July 28, 2015 (USFWS 2015) and NMFS provided a biological opinion for adverse effects to rockfish in the Puget Sound/Georgia Basin December 17, 2015 (NMFS 2015). NMFS required the Corps to implement Reasonable and Prudent Measures (RPMs) in the biological opinion by following terms and conditions to minimize the level of take associated with the proposed action for these species. The Corps has incorporated the RPMs into the Mitigation and Monitoring section of the draft EA for disposal of dredged material. The USACE will comply with the reasonable and prudent measures of the biological opinions to avoid and minimize adverse impacts to ESA-listed species during maintenance dredging and dredged material placement. These include to minimize incidental take from dredging and in-water sediment disposal, minimize the exposure of listed fish to contaminants and reduced DO, and to implement monitoring and reporting to confirm that the take exemption for the proposed action is not exceeded. The Corps is seeking a Clean Water Act Section 401 water quality certification (WQC) from the Washington Department of Ecology. In conducting activities involving the discharge of dredged material into waters of the United States, the Corps will abide by the applicable conditions of the existing WQC to ensure compliance with State water quality standards. The Corps has determined that the proposed work is consistent to the maximum extent practicable with the enforceable policies of the approved Washington Coastal Management Program. State

221 concurrence with this determination has been requested. The USACE is in the process of consulting with the Washington State Historic Preservation Office (SHPO) and affected Tribes for this project. Based on the results of literature and records review, the absence of known or recorded cultural resources within the area of potential effect (APE), and consultation with the SHPO and the Tribe, the USACE anticipates submitting a finding of no historic properties. PUBLIC INTEREST EVALUATION The decision to proceed with this disposal of dredged material will be preceded by a determination of whether the proposed activity would be in the public interest. All factors which may be relevant to the proposal s public interest will be considered; among those are navigation and the Federal standard for dredged material disposal; water quality; coastal zone consistency; wetlands; endangered species; historic resources; scenic and recreation values; fish and wildlife; marine sanctuaries; applicable state/regional/local land use classifications, determinations, and/or policies; conservation; economics; shoreline erosion and accretion; safety; and considerations of property ownership. As a foundation for its public interest determination the Corps will consider, on an equal basis, all alternatives that are both reasonable and practicable, i.e., available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. The Corps will select the alternative that represents the least costly alternative, constituting the discharge of dredged or fill material into waters of the United States in the least costly manner and at the least costly and most practicable location, that is consistent with sound engineering practices, and that meets the environmental standards established by the Clean Water Act Section 404(b)(1) evaluation process. COMMENT AND REVIEW PERIOD 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 effects of this activity. To make this decision, comments are used to assess impacts on ESA listed species, historic properties, water quality, general environmental effects, and other public interest factors listed above. The proposed discharge will be evaluated for compliance with guidelines promulgated by the Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. Conventional mail or comments on this Public Notice will be accepted and made part of the record and will be considered in determining wither it would be in the public interest to authorize this proposal. Submitted comments should include on the subject line the public notice number. The comment must include the commentator s name, address, and phone number. All comments whether conventional mail or must reach this office no later than the expiration date of this public notice to ensure consideration. The nature or scope of the proposal may be changed upon consideration of the comments received. PUBLIC HEARING Any person may request, in writing and within the comment period specified in this Notice, that a public hearing be held to consider this proposal. Requests for public hearings must clearly set forth the following: the interest that may be affected, the manner in which the interest may be affected by this activity, and the particular reasons for holding a public hearing regarding this activity.

222 COMMENTS TO THE CORPS OF ENGINEERS Replies to this Public Notice should be mailed to reach the District Engineer, ATTN: PMP-18-12, PO Box 3755, Seattle, Washington , not later than June 16, 2018 to assure consideration. Requests for additional information should be directed to Mr. Hans Miller, Project Manager, (206) or via at or Ms. Kaitlin Whitlock, Environmental Coordinator, (206) or via at Hans Miller Project Manager Navigation Section Kaitlin Whitlock Environmental Coordinator Planning, Environmental, and Cultural Resources Branch

223 Attachment A

224 Figure 1. Federally authorized Grays Harbor and Chehalis River Federal navigation channel reaches (yellow text) disposal sites (purple boxes) in Grays Harbor County, Washington.

225 Figure 2. Grays Harbor Nearshore and Upland Placement Sites. The dotted box around the South Beach nearshore placement site indicates the entire possible material placement area, and the inner purple box indicates a recent, typical material placement location. Black lines at the Half Moon Bay nearshore placement site divide the site into multiple placement areas. Bathymetric data, vessel size, presence of crab pots, weather, and other factors influence the exact location of material placement within a site. One upland placement site, the Point Chehalis Revetment Extension Mitigation site, is also shown. 10

226 Figure 3. Grays Harbor Multiuser Open-Water Disposal Sites (Point Chehalis and South Jetty). 11