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September 28, 2000
Colonel Randall J. Butler, District Engineer
U.S. Department of the Army
Corps of Engineers, Portland District
PO Box 2946
Portland, OR 97208-2946
Mr. Lee Daneker, Manager
U.S. Environmental Protection Agency
Aquatic Management Division
1200 Sixth Avenue ECO-083
Seattle, WA 98101-3188
RE: Federal Consistency for the Columbia River Navigation Channel Improvements Project
Dear Colonel Butler and Mr. Daneker:
The Department of Ecology has reviewed the Columbia River Integrated Feasability Report for Channel Improvements and Environmental Impact Statement (FEIS). The proposed federal action is the deepening of the Columbia River federal navigation channel from its authorized depth of 40 feet to 43 feet and designation of two ocean disposal sites. Specific actions addressed include the effects of dredging a deeper channel, modified flowlane disposal practices, expansion of upland dredge disposal sites, and use of new ocean disposal sites. Ecology's review included an assessment of the Corps' federal consistency determination in Exhibit F of the FEIS which states that their proposed actions, with one exception, are consistent with Washington State's Coastal Zone Management Program (CZMP). Ecology's role in the federal consistency process is to agree or disagree with the Corps' determination. At this time, Ecology has concluded that the Corps' proposed actions are not consistent with Washington's CZMP and therefore disagrees with the Corps of Engineers' federal consistency determination.
Washington's CZMP has eight enforceable polices which must be complied with for a project to be deemed consistent. Ecology has determined that four of the eight policies apply to this project. Those policies are (1) the Shoreline Management Act (SMA), (2) the State Environmental Policy Act (SEPA), (3) the State/Federal Water Pollution Control Acts, and (4) the Ocean Resource Management Act (ORMA). The four policies which do not apply to this project are (1) the Clean Air Act, (2) the Environmental Coordination Procedures Act, (3) the Energy Facility Site Evaluation Council laws, and (4) the Transport of Petroleum Products Financial Responsibilities Act.
Ecology has determined that this project is not consistent with any of the four applicable enforceable policies. This determination is based on specific inconsistencies with the applicable policies and a lack of information within the FEIS to make a consistency determination. The reasons for Ecology's conclusion are discussed in the attachment to this letter, along with the information needed and possible alternative measures that would allow the proposal to be consistent with the CZMP. Until these inconsistencies have been resolved and agreement reached with the State of Washington, this project is not consistent with Washington's CZMP and should not proceed.
Ecology is willing to work with the Corps in an attempt to resolve these issues. Please contact Ecology's federal Consistency Coordinator, Linda Rankin, at (360) 407-6527 if you have any questions regarding this decision or wish to pursue resolution to the issues raised herein.
To the extent this decision is subject to appeal the Corps of Engineers must file within thirty (30) days after receipt of this decision. An appeal by any other party must be filed within thirty (30) days from the postmarked date of this decision. The appeal must be filed with the Washington Pollution Control Hearings Boards, PO Box 40903, Olympia, WA 98504-0903. Concurrently, a copy of the appeal must be served on the Department of Ecology, Enforcement Section, PO Box 47600, Olympia, WA 98504-7600. The appeal must be filed and served within the 30-day period. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder.
Sincerely,
Gordon White
Program Manager
Shorelands and Environmental Assistance Program
Attachment
cc: David Kaiser--OCRM
Masi Okasaki-OCRM
Laura Hicks-Portland COE
Interested Parties List
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
