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Dredged Material Management Plan/ Environmental Impact Statement Lawsuit and Dredging Information

 

The Walla Walla District, U. S. Army Corps of Engineers planned to perform routine maintenance dredging on the lower Snake River. This dredging follows the completion of the Dredged Material Management Plan/Environmental Impact Statement in September 2002. The National Wildlife Federation, Washington Wildlife Federation, Idaho Wildlife Federation, Idaho Rivers United, Pacific Coast Federation of Fishermen's Associations and Institute for Fisheries Resources filed a lawsuit on Nov. 4, 2002 on the DMMP/EIS, naming the Corps and National Marine Fisheries Service as defendants. The plaintiffs filed a complaint for declaratory and injunctive relief. On December 12, 2002, the U.S. District Court, Western District of Washington, Seattle, Wash., granted plaintiffs motion for preliminary injunction specifically enjoining the Corps from initiating dredging or disposal activities in the lower Snake River as set forth in the DMMP/EIS and ROD until such time as the court has ruled on the merits of the plaintiffs’ claim.

 

Current Events:

  • Sept. 27, 2002 - Brig. Gen. David A. Fastabend, NWD commander, signed the Record of Decision, completing the DMMP/EIS.

  • Oct. 22, 2002 - Contract for dredging on the Snake River awarded to Dutra Dredging Company, San Rafael, Calif. The current cost of the contract is $2.4 million.

  • Nov. 4, 2002 - The National Wildlife Federation, Washington Wildlife Federation, Idaho Wildlife Federation, Idaho Rivers United, Pacific Coast Federation of Fishermen's Associations and Institute for Fisheries Resources filed a lawsuit, naming the Corps and NMFS as defendants. The plaintiffs filed a complaint for declaratory and injunctive relief.

  • Dec. 12, 2002 - U.S. District Court, Western District of Washington, at Seattle, issued an order granting motion for a preliminary injunction, enjoining the Corps from initiating dredging or disposal activities in the lower Snake River.

  • Dec.  12, 2002 - Walla Walla District, U.S. Army Corps of Engineers, issues a "suspension of work" notification to the dredging contractor.

  • Dec. 27, 2002 - Walla Walla District, U.S. Army Corps of Engineers, terminates the dredging contract for the convenience of the government. 

  • Apr. 29, 2003 - Judge's Order granting Agreed Motion for Stay

  • Apr. 29, 2003 - Judge's Order Removing the Case from Active Caseload


Background:

  • The Walla Walla District, U. S. Army Corps of Engineers planned to perform routine maintenance dredging on the lower Snake River navigation channel at the confluence of the Snake and Clearwater rivers, several port facilities in the Lewiston-Clarkston area, several recreation facilities in Lower Granite and Little Goose reservoirs, navigation lock approaches to Lower Granite and Lower Monumental Dams, and other areas. This dredging follows the completion of the Dredged Material Management Plan and Environmental Impact Statement in September 2002.

  • The National Wildlife Federation, Washington Wildlife Federation, Idaho Wildlife Federation, Idaho Rivers United, Pacific Coast Federation of Fishermen's Associations and Institute for Fisheries Resources filed a lawsuit on Nov. 4, 2002 on the DMMP/EIS, naming the Corps and National Marine Fisheries Service as defendants. The plaintiffs filed a complaint for declaratory and injunctive relief.

  • On Dec. 12, the court granted the plaintiff’s motion for preliminary injunction.

  • The Corps and National Marine Fisheries Service officials reviewed the preliminary injunction. The Department of Justice decided not to appeal the preliminary injunction. The Corps terminated the dredging contract for the convenience of the government on Dec. 27.

  • The Corps is still committed to operating the Snake River system as directed by Congress, while complying with environmental law and our trust and treaty obligations to federally recognized tribe. The Corps worked hard to plan this project in the best interests of the river users and with careful regard to the natural resources of this nation.

  • The Corps is examining the ruling of the judge to determine a way forward.

  • Dredging in the navigation channel in the Snake River is restricted to an in-water work window set by National Marine Fisheries Service in coordination with state fishery agencies. For the lower Snake River, the window is typically December 15 to March 1.

  • The Corps has not performed navigation maintenance dredging since the winter of 1998-99. On average, the Corps dredges every two to three years.

  •  If shippers have to light load barges on the lower Snake River, as in a minimum operating pool situation, impacts to commercial navigation would occur.

  • The navigational channel will continue to lose depth. If next spring’s runoff is high, that could bring more deposits of sediments.


Questions and Answers: 

 

Q. Is there a pressing timeline to get the dredging done?

A. Dredging in the navigation channel in the Snake River is restricted to an in-water work window set by National Marine Fisheries Service in coordination with state fishery agencies. For the Snake River, the window is typically set at December 15 to March 1.

 

 

Q. If the Corps does not dredge this winter, will the Corps perform emergency dredge operations?

A.  If an injunction is still in effect, the Corps could petition the court prior to any emergency dredging. The scope of such dredging would depend upon the situation and whether permitted by the court. If determined necessary, and permitted by the court, the Corps would attempt to perform the emergency dredging in a manner that minimizes any adverse effects on the environment. For an emergency dredging situation, the Corps would, on an expedited basis, perform environmental coordination as necessary, including coordination with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. The Corps obtained a water quality certification in preparation for dredging this year to avoid further reduced channel depths and the accompanying adverse impacts to shipping. Because of the increased sediment carrying capacity of a large runoff event, if one occurs next year or in the future, enough sediment could be deposited to significantly reduce channel depths.

 

 

Q. Costs of dredging in 2002 - 2003? 

AA contract for dredging on the Snake River was awarded to Dutra Dredging Company, San Rafael, Calif., in October. The cost of the contract was for $2.4 million. The contract was terminated on Dec. 27, 2002.  Costs related to terminating this contract will be negotiated between the contractor and the government.

 

 

Q. What are the economic benefits of maintaining the lower Snake River navigation channel?

A. The costs savings of transportation by barge on the lower Snake River, compared to other transportation methods, are estimated to be $43 million a year.  The lower Snake River waterway is 141 miles from the confluence with the Columbia River to Lewiston, Idaho. In 2000, 6.7 million tons of cargo was transported on the waterway. The majority of the cargo shipped was agricultural products and petroleum.

 

 

Q. What impact does dredging have on fish? What steps has the Corps taken to minimize this effect?

A. Dredging and disposal of dredged material is expected to have minor short term negative impacts to fish using the activity areas during the dredging and disposal period. The dredging proposed will use the most fish friendly equipment possible, at a time of year when the fewest fish are expected to be in the dredging areas, and under strict monitoring conditions for turbidity and water chemistry parameters that may impact fish. Prior to dredging any areas that might be used by salmon as spawning areas (i.e. the downstream navigation lock approaches), the Corps will conduct redd surveys to determine if any redds are in the area. Redds are the nests that salmon lay eggs in. The Corps plans to do these surveys even though studies have indicated that most of the area within the navigation lock approaches dredging limits is not suitable for salmon spawning.  If any redds are found, the Corps will not disturb them and  will contact NMFS to determine if an adjusted dredging activity can continue, or if the dredging planned for that area will have to be rescheduled.  For the 2002 - 2003 dredging, the Corps has conducted redd surveys of the two navigation lock approaches and has not found any redds. The National Marine Fisheries Service and U.S. Fish and Wildlife Service have agreed with the Corps’ plan for dredging this year. NMFS has issued a Biological Opinion, which the Corps had planned to implement prior to the injunction.

 

Q. How does dredging benefit fish?

A. One of the beneficial uses of dredged material includes in-water disposal to create shallow water sand bars along shorelines of the reservoir where there is currently deep water. The creation of this habitat will attempt to mimic some of the conditions of the lower Snake River prior to dam construction, and is expected to provide benefits to some of the endangered salmon species by providing resting and rearing habitat for juvenile salmon prior to their downstream migration to the ocean. Roughly 8 years of research on this type of habitat creation has shown that this method has good potential to benefit juvenile salmon and does not tend to concentrate predatory fishes such as bass and pikeminnow.

 

 

Q. How does the Corps address water quality?

A. The Corps’ proposed dredging and disposal activities are designed to avoid or minimize adverse impacts to water quality. Each dredging activity is evaluated in accordance with sampling and monitoring plans developed specifically for that site. The monitoring plan for the 2002 - 2003 dredging is posted on the District website. Each proposed dredging activity is reviewed by appropriate water quality regulatory agencies as part of the Clean Water Act 401 certification process. The assessment determines whether any disposal activity will cause or contribute to significant degradation of the waters of the United States and appropriate measures will be taken to address the situation. For the 2002 - 2003 dredging and disposal, the Corps obtained Clean Water Act Section 401 water quality certification from Washington Department of Ecology.

 

 

Q.  Does the Corps test for contaminants and how will the Corps determine if there are hazardous levels of contaminants in sediments in the areas to be dredged?

A. Yes, the Corps tests sediments for contaminants. However, the bulk of the volume of dredged material from project area is made up of large percentages of fine sand.  Most contaminants typically do not bind with the larger-grained material such as sand. Limited industrial activity in the project area also reduces the chance that hazardous levels of contaminants are contained in the sediments in the project area.  Historic sampling and analyses of sediments prior to dredging activities has supported these findings.

 

 

Q. Has the Corps evaluated the sediment in the areas that were proposed to be dredged?

A. Yes, the Corps has tested and evaluated the sediment for the areas that are proposed to be dredged. Sediment quality evaluation performed on samples from the proposed dredging areas, even in those areas with higher concentrations of fine-grained material, did not indicate contaminant levels that exceed regional and national guidance regulatory action levels.


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