Fish and Wildlife Service responds to diking district

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Willapa National Wildlife Refuge Complex

January 7, 2013

Maurice Mooers

Chairman Wahkiakum Diking District #4

PO Box 586

Cathlamet, WA 98612

Dear Mr. Mooers:

We appreciate being able to meet with you and Pete Ringen, Wahkiakum County Public Works Director, to discuss your concerns regarding the setback dike proposed by the U.S. Army Corps of Engineers (Corps) on the Julia Butler Hansen Refuge for the Columbian Whitetailed Deer (Refuge).

In your letter of December 20, 2012, you state that in order for you to grant approval for the breach of the Steamboat Dike the Refuge must provide certain assurances to you in writing. Below, I have outlined what we discussed at our meeting on January 4, 2013.

1. You requested that the setback dike be constructed to Corps standards at an elevation exceeding the 100-year flood plain of the Columbia River with consideration of seismic design criteria. We have spoken with the Corps and they have indicated that the design criteria you have requested will be part of the setback dike design.

2. You requested that the setback dike shall be a minimum of 12-feet wide at the top with a crushed aggregate surface or better. We have spoken with the Corps and they have confirmed that the setback dike top will be 12 feet in width with gravel on top. It is the Refuge’s intention to provide public access on the new setback dike for pedestrians and bicycles and continue to allow fishing on the remaining portion of Steamboat Slough dike. However, until the footprint of the dike is identified and the geotechnical analysis is completed, the Corps cannot confirm that the dike will be built to sustain vehicle traffic.

3. You requested that we should apply with Wahkiakum County (County) as a cosponsoring federal agency for the Federal Land Access Grant Program which if approved would provide funding for a paved surface on top of the setback dike. We have agreed to work with the County (if approved by the Commissioners) to apply for the grant.

4. You requested that we resume payment in lieu of taxes to the County to help with local costs of road improvement and maintenance. As we discussed, the County receives Refuge Revenue Sharing funds on an annual basis from the U.S. Fish and Wildlife Service (Service). In August 2012, over $15,077 was sent to the County via electronic funds deposit which may be used for a variety of County funding needs. The funding amounts are set by Congress; therefore, we have no control over annual amounts provided nor how the County chooses to spend these funds.

5. You requested that the Service grant a public right-of-way (ROW) to the County prior to breaching of the existing dike for road access on the setback dike. Please be aware that issuing a ROW to a third party is considered a "use" of refuge property and the Service cannot make a final decision to allow any use on a refuge (e.g. to grant a ROW) until we have gone through the federal approval process which includes National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, and other relevant compliance requirements. However, as we stated at the meeting and in a letter sent to the Wahkiakum County Commissioners on December 20, 2012, assuming that the expansion and design of the road can be built so that it is safe, appropriate and compatible with the mission of the National Wildlife Refuge System and the Refuge’s purposes, we would support the County’s efforts and work to negotiate a right-of-way or other appropriate legal instrument for the new road.

Please do not hesitate to contact me if you have additional questions or concerns.

Jackie Ferrier

Project Leader