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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Portland District
Published Jan. 26, 2022
Expiration date: 2/25/2022

    Application for Permit

Issue Date: January 26, 2022
Expiration Date: February 25, 2022
                            U.S. Army Corps of Engineers No: NWP-2022-23

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 drawings. The Corps is soliciting comments on the proposed work.
Applicant:    Ash Grove Cement Company
                        Attention: Gary Wright
                        13939 North Rivergate Boulevard
                        Portland, Oregon 97203
                        Telephone: (203) 247-5424

Applicant’s Agent:     PBS Engineering & Environmental
                                        Attention: Skip Haak 
                                        4412 South Corbett Boulevard
                                        Portland, Oregon 97239
                                        Telephone: (503) 417-7711

Location: The project site is located at 13939 North Rivergate Boulevard, in Portland, Multnomah County, Oregon. The site is in Section 27, Township 2 North, Range 1 West. Latitude and Longitude: 45.622918° North, 122.787728° West

Waterway: The project is located in the Willamette River at river mile 3. The location of the ordinary high water mark (OWHM) shown on the project drawings has 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 extend the life of the substructure supporting over-water structures at Ash Grove’s Rivergate Lime Plant.

Project Description: The proposed project is the Rivergate Plant Pile Repair Project. The project would repair up to 23 onsite piles supporting over-water structures at the site. Each timber pile is approximately 12 inches in diameter. The applicant would extend the life of the piles by wrapping them with fiberglass jackets. The applicant would excavate around the base of each pile, remove existing timber bracing, pressure wash the pile, place a fiberglass jacket around the pile, seal the lower end of the jacket, fill the annulus between the timber pile and jacket with grout, install the new steel bracing, and fill the excavated hole with clean fill material. This process would be repeated for each pile repaired. Some additional excavation would be required to access the existing bracing buried on some of the piles. All work would occur below the OHWM (20 feet NAVD88).

Each fiberglass jacket would be 1/8- to 3/16-inch thick. The jackets would be sized to leave a 2-inch annular space between the pile and jacket. The annular space would be filled with either cementitious or epoxy grout. The lower end of each fiberglass jacket would be embedded two feet below the existing mudline. The 23 fiberglass pile jackets and grout would cover an area of approximately 20 square feet and have a volume of approximately 8 cubic yards of materials placed below the OHWM. Up to 3 cubic yards of straw wattles would be placed below OHWM over 128 square feet for temporary erosion control.

The applicant would excavate up to 84 cubic yards of soil from 965 square feet of area below the OHWM. Excavation would occur using shovels and pickaxes to dig down around the base of the piles and bracing. The excavated material will be placed in a bucket mounted to a forklift and transported to uplands for storage. Excavated materials would be disposed of at a landfill. Wash water and construction debris would be disposed of at a landfill or other appropriate location, if deemed acceptable based on analysis of the material. 

The project would place clean fill material (i.e., sand) around the base of the piles after repair of the piles has been completed. Up to 80 cubic yards of clean sand would be placed to fill the holes excavated around the base of each pile. Approximately 4 cubic yards of pressure treated wood bracing would be removed and replaced with approximately 1 cubic yard of steel bracing. The fill material would be obtained from a commercial source. The imported fill material would be analyzed for contaminants of concern listed in Table 17 of the Portland Harbor Superfund Site Record of Decision or adequate documentation provided to substantiate that the imported material has been sourced from a clean quarry free of anthropogenic inputs. Fill material from a clean quarry would be analyzed for metals only. Excavated materials would be disposed of at a landfill.

An existing ramp on the property would be used to access the work area. Woody debris on the beach (i.e., exposed riverbed) would be moved or cut to create a path for equipment. No new impervious surface would be created. No site restoration is proposed. Work is proposed to occur between July 1 and October 31 when water levels in the river would be sufficiently low that most, or all, of the work can be performed in the dry. During a typical year, only the two piles farthest from shore may be in the water when construction occurs. If this occurs, a turbidity curtain would be used to contain suspended sediment and turbidity produced by construction.

Dredged Material Testing: The proposed dredged material will be evaluated in accordance with the Sediment Evaluation Framework for the Pacific Northwest (SEF). The interagency Portland Sediment Evaluation Team (PSET) implements the SEF for the Corps Portland District. The PSET will determine if sediment testing is required for this project. Project sediments may require physical, chemical, and/or biological testing to support the permit application evaluation. The PSET will evaluate the applicant’s sediment testing results and determine if project sediments are suitable for unconfined, aquatic disposal or exposure. 

Mitigation: The applicant proposes to avoid and minimize impacts from the project by using best management practices (BMPs) during work. The applicant would do all work within the in-water work window for the Lower Willamette River (July 1 to October 31). A Pollution Control Plan would be developed and implemented during construction. Straw wattles and floating turbidity curtains would be in place during all work to contain sediment and turbidity. No materials treated with preservatives or pesticides would be allowed to be installed at the site. All equipment would be cleaned and inspected daily for leaks prior to use. 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: Thirteen (13) drawings are attached and labeled Corps No. NWP-2022-23. 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 under Regulatory Pages select Permit Application Public Notices.

Additional Information: The project is located within the Environmental Protection Agency (EPA) designated Portland Harbor Superfund Site. The project will be coordinated with EPA under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The project area at the Rivergate Plant is partially within an identified Sediment Management Area (SMA) owing to presence of elevated concentrations of several contaminants in surface and subsurface samples near the facility.

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 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 Corps will evaluate the fill material source (i.e., borrow site) prior to finalizing a permit decision.

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 will initiate 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 will initiate 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 Oregon State Historic Preservation Office, interested Native American 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 has applied for a Removal-Fill Permit from the Department of State Lands (DSL) (DLS No. 63647). The applicant will apply for a Section 401 Water Quality Permit from the Oregon Department of Environmental Quality (DEQ)

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; Native American 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 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) 201-0797



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

    Notice Issued: January 26, 2022
    Written Comments Due: February 25, 2022

Corps of Engineers No: NWP-2022-23
Oregon Department of State Lands No: 63647    

WHO IS THE APPLICANT: Ash Grove Cement Company

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.” Additional Section 401 process information is available on DEQ’s webpage (

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 submitted electronically through Your DEQ Online ( For questions regarding account registration, system navigation, or training resources, please visit the Your DEQ Online help webpage (

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. Public records can be accessed through the Your DEQ Online public records portal webpage 

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