Permit Application Public Notices

The United States Congress authorizes the U.S. Army Corps of Engineers to regulate activities that may impact wetlands and waters of the United States. This authority is granted and defined under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972, also known as the Clean Water Act.

Public involvement is a key element of the Corps’ permit review process. During an application review, the Corps considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States.

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Published Dec. 30, 2020
Expiration date: 1/21/2021

Application for Permit

Issue Date: December 22, 2020
Expiration Date: January 21, 2021
US Army Corps of Engineers No: NWP-2019-277-1
Oregon Department of State Lands No: 62963

30-Day Notice

Interested parties are hereby notified the U.S. Army Corps of Engineers, Portland District (Corps) has received an application for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plans. The Corps is soliciting comments on the proposed work.

Applicant: Albers Mill Holding LLC
Attention: Marc A. Fazio
1455 SW Broadway, Suite 1500
Portland, Oregon 97201
Telephone: (503) 702-2938

Applicant’s Agent: KPFF Consulting Engineers 
Attention: Linda Mark
111 SW 5th Avenue, Suite 2400
Portland, Oregon 97204
Telephone: (503) 983-7923

Location: The project site is located at 1030 NW Naito Parkway, in Portland, Multnomah County, Oregon. The site is in Section 34, Township 1 North, Range 1 East. Latitude and Longitude: 45.5310 North, 122.6758 West

Waterway: The project is in the Willamette River at river mile 11.7. The location of the ordinary high water mark shown on the project drawings have not yet been verified by the Corps. If the Corps determines the boundaries of the waters are substantially inaccurate, a new public notice may be published.

Project Purpose: The applicant’s stated purpose is to repair the structure and extend the service life of the Albers Mill Pier.

Project Description: The proposed project is the Albers Mill Timber Pier Stabilization project. The project site includes an existing timber post-supported pier which supports a paved parking lot, all of which is located beneath the western portion of the Broadway Bridge in downtown Portland.

The project would permanently remove the nine failed, or failing, wood posts, temporary emergency shoring, and six additional treated wood posts. These 15 posts would be replaced with new epoxy-coated steel posts. Ten of these 15 posts are below ordinary high water. The existing treated wood posts to be removed range from 10 inches by 12 inches to 14 inches by 14 inches in cross-section. The proposed replacement epoxy coated H-shaped steel posts are 8.25 inches by 8.07 inches and each have a cross-sectional area of 11.7 inches. The project would also repair two decayed deck support beams. The posts are supported on existing timber grade beams, pile concrete caps, and/or timber piles at/or near the mud line. Removed piles would be disposed of in uplands. 

The project area below the pier covers 0.165 acre, but ground disturbance would be limited to that necessary to remove and replace the posts. Temporary excavation would remove 85 cubic yards (cy) from a 40-foot by 290-foot area to facilitate post removal. Up to 85 cy of native material would be backfilled once the new posts are in place. Excavation related to post replacement would cover 0.064 acre and remove 183 cy of material. Up to 80 cy of 2- to 4-inch stone would be temporarily placed over 400 square feet of waters to facilitate barge access. The stones would be removed prior to project completion. All excavations would be temporary. Excavated materials would be stockpiled and used to backfill the excavations once the new posts are in place, either onsite or on a barge. No permanent changes to the existing grade are proposed.

The work area would be accessed via a barge on the Willamette River with a ramp and/or planking leading to the project area and/or via land from the parking lot located on top of the pier. The parking lot on top of the pier has an access point to access the ground level from the parking lot. Designated construction staging areas for materials and equipment would be located on the barge and/or on the parking lot on top of the pier.

The portion of the asphalt parking lot on the pier that is above the post-replacement area, there are parts of the parking lot which have settled below. Asphalt patching would take place in these areas. A backhoe, small compactors, and possibly a small paving machine would be used to complete the asphalt patching and sealing work depending on the size of the necessary patches.

All the post removal and replacement work is proposed to occur in 2021 during the In-Water Work Window (IWWW) for the Willamette River, July 1 to October 31. Most, if not all work, is anticipated to be completed in the dry, as the base of the posts is typically above the waterline during the IWWW.

Mitigation: The applicant proposes to avoid and minimize impacts from the project by isolating the area from the Willamette River during work. The applicant would develop and implement an Erosion and Sediment Control Plan to minimize erosion and prevent sediment entry into surface waters. The applicant proposes to follow the Best Management Practices (BMP’s) that are applicable to the project as detailed in the “EPA Best Management Practices for Piling Removal and Placement in Washington State, February 18, 2016”. The applicant has provided a proposed compensatory wetland mitigation plan to offset losses of waters of the U.S. that may result from the proposed project. The applicant did not propose compensatory mitigation in the permit application. The Corps will determine the type and amount of compensatory mitigation necessary to offset environmental losses from the proposed project.

Drawings: Ten (10) drawings are attached and labeled Corps No. NWP-2019-277-1. Copies of this public notice, which have been mailed or otherwise physically distributed, feature project drawings in black and white. The electronic version features those drawings in color, which we think more accurately illustrates the proposed project. To access the electronic version of this public notice, go to the Portland District Regulatory website at and select Regulatory Public Notices from the list of Regulatory pages.

Additional Information: Nine of the existing treated wood posts have either failed or were in immediate danger of failing, so in summer 2019, thirteen temporary emergency shoring towers were added to support the nine severely decayed posts. The project is located within the Portland Harbor Superfund Site, but it is not located within a sediment management area.

Authority: The proposed project will be evaluated under the following:
Section 10, Rivers and Harbors Act 1899 (33 U.S.C. 403), for work in or affecting navigable waters of the United States.

Section 14, Rivers and Harbors Act 1899 (33 U.S.C. 408) (referred to as “Section 408”), for work to alter a Corps civil works project. An alteration is defined as any action that builds upon, alters, improves, moves, occupies or otherwise affects the usefulness, or the structural or ecological integrity of a Corps federally authorized project. The proposed project may alter the Columbia and Lower Willamette Federal Navigation Project. 

Section 404, Clean Water Act (33 U.S.C. 1344), for discharge of dredged or fill material into waters of the United States.

Clean Water Act Section 404(b)(1) Guidelines: The described discharge will be evaluated for compliance with guidelines promulgated by the U.S. Environmental Protection Agency under authority of Section 404(b)(1) of the Clean Water Act. The 404(b)(1) Guidelines are the substantive criteria used in evaluating discharges of dredged or fill material into waters of the United States. The applicant is proposing to use fill removed for onsite excavations as fill material.

Water Quality Certification: Section 401 of the Clean Water Act (33 U.S.C. 1341) requires applicants to obtain a water quality certification for proposed discharges into waters of the United States. A permit for the described work will not be issued until certification has been issued or is waived from the certifying state. Attached is the state's notice for a water quality certification.

Endangered Species: Section 7 of the Endangered Species Act (ESA) (16 U.S.C. 1536) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on all actions that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or that may adversely modify designated critical habitat. The Corps’ preliminary review indicates the described activity may affect an endangered or threatened species or designated critical habitat. The Corps has initiated consultation under Section 7 of the ESA. The Corps will complete the required consultation prior to finalizing a permit decision.

Essential Fish Habitat: Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) as amended (16 U.S.C. 1855), requires Federal agencies to consult with the NMFS on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely affect Essential Fish Habitat (EFH). The Corps’ preliminary review indicates the described activity would adversely affect EFH at the project location or in the vicinity. The Corps has initiated consultation under Section 305(b)(2) of the MSA. The Corps will complete the required consultation prior to finalizing a permit decision.

Historic Properties/Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. 306108), requires Federal agencies to consult with the appropriate State and/or Tribal Historic Preservation Officer to take into account the effects of actions they undertake or permit on historic properties listed in or eligible for listing in the National Register of Historic Places. The Corps’ preliminary review indicates to the best of our knowledge, the described activity is not located on property registered or eligible for registration in the latest published version of the National Register of Historic Places. At this time the Corps is unaware of any cultural resource surveys of the project area. 

This notice has been provided to the State Historic Preservation Office (SHPO), interested Native American Indian Tribes, and other interested parties. If you have information pertaining to cultural resources within the permit area, please provide this information to the Corps’ project manager identified at the end of this notice to assist in a complete evaluation of potential effects.

State and Local Authorizations: The applicant will be applying for permits or certifications from the Oregon Department of State Lands and Oregon Department of Water Quality.

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

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

The Corps is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of the proposed activity. Any comments received will be considered by the Corps to determine whether to allow an alteration of a federally authorized project or to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

Submitting Comments: Interested parties are invited to provide comments on the proposed project. Comments may be submitted by conventional mail or email. All comments received will be considered in determining whether authorizing the work would be contrary to the public interest. 

Either conventional mail or e-mail comments must include the Corps reference number as shown on page 1 and include the commenter’s name and address. In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the Corps reference number. All comments received will become part of the administrative record and are subject to public release under the Freedom of Information Act including any personally identifiable information such as names, phone numbers, and addresses.

Additional information about the proposed project may be obtained from the Corps Project Manager listed below. All comments, whether by conventional mail or email, must be received no later than the expiration date of this public notice to ensure consideration. Comments should be submitted to the following mailing address or email address:

U.S. Army Corps of Engineers
Regulatory Branch
Melody White
P.O. Box 2946
Portland, Oregon 97208-2946
Telephone: (503) 808-438

Oregon Department of Environmental Quality (DEQ)
Water Quality 401 Certification

Notice Issued: December 22, 2020
Written Comments Due: January 21, 2021

Corps of Engineers No: NWP-2019-277-1
Oregon Department of State Lands No: 62963


LOCATION OF CERTIFICATION ACTIVITY: See attached U.S. Army Corps of Engineers public notice.

WHAT IS PROPOSED: See attached U.S. Army Corps of Engineers public notice on the proposed project.

NEED FOR CERTIFICATION: Section 401 of the Federal Clean Water Act requires applicants for Federal permits or licenses to provide the Federal agency a water quality certification from the State of Oregon if the proposed activity may result in a discharge to waters of the state.

DESCRIPTION OF DISCHARGES: See attached U.S. Army Corps of Engineers public notice on the proposed project.

WHERE TO FIND DOCUMENTS: Documents and materials related to water quality issues as a result of the proposal are available for examination and copying at Oregon Department of Environmental Quality, 401 Water Quality Permit Coordinator, Northwest Region, 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232. Other project materials are available by contacting the Corps per the attached public notice.

Scheduling an appointment will ensure that water quality documents are readily accessible during your visit. To schedule an appointment please call DEQ Water Quality at Northwest Region at (503) 229-5623.

Any questions on the water quality certification process may be addressed to the 401 Permit Coordinator at (503) 229-5623 or toll free within Oregon at (800) 452-4011. People with hearing impairments may call the Oregon Telecommunications Relay Service at (800) 735-2900.

Public Hearing: Oregon Administrative Rule (OAR) 340-48-0032 (2) states that “The Corps provides public notice of and opportunity to comment on the applications, including the application for certification, provided that the department (DEQ), in its discretion, may provide additional opportunity for public comment, including public hearing.” 

Written comments: Written comments on project elements related to water quality must be received at the Oregon Department of Environmental Quality by 5 p.m. on the date specified in the upper right section on page one of this notice. Written comments may be emailed or mailed as described below: 

Email -

Mail - Oregon Department of Environmental Quality, Northwest Region
700 NE Multnomah Street, Suite 600
Portland, Oregon 97232 
Attn: 401 Water Quality Permit Coordinator 

WHAT HAPPENS NEXT: DEQ will review and consider all comments received during the public comment period. Following this review, certification of the proposal may be issued as proposed, issued with conditions, or denied. You will be notified of DEQ's final decision if you submit comments during the comment period. Otherwise, if you wish to receive notification, please call or write DEQ at the above address.

ACCESSIBILITY INFORMATION: DEQ can provide documents in an alternate format or in a language other than English upon request. Call DEQ at (800) 452-4011 or email