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 Feb. 12, 2024
Expiration date: 3/10/2024

Prospectus for Mitigation Bank


Issue Date: February 9, 2024
Expiration Date: March 10, 2024
30-Day Notice                                                                                                                                                                                                                               U.S. Army Corps of Engineers No: NWP-2021-343


Interested parties are hereby notified that the U.S. Army Corps of Engineers, Portland District (Corps) has received a request to establish the proposed Broadmoor Mitigation Bank, as described below and show in the enclosed figures. The Corps is soliciting comments on the proposed mitigation bank.

A mitigation bank is a site where aquatic resources (e.g., wetlands and streams) are restored, established/created, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by the Corps under the authority of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. A mitigation bank sells credits to permittees whose obligation to provide compensatory mitigation is then transferred to the mitigation bank sponsor. 

Bank Sponsor:         Prologis NE Columbia Blvd, LLC
                                    Attention: Ken Barnhart
                                    4380 South Macadam Avenue, Suite 285
                                    Portland, Oregon 97239
                                    Telephone: (541) 280-2856

Location: The proposed mitigation bank site is located near 3509 Northeast Columbia Boulevard, in Portland, Multnomah County, Oregon. The enclosure includes a location map, Figure 1. The location abuts the Portland International Airport (Figure 7 in enclosure). The site is in Section 12, Township 1 North, Range 1 East at Latitude and Longitude: 45.578948°, -122.626230°.

Prospectus: This public notice includes only summarized information and figures from the full prospectus. A prospectus provides information on a proposed mitigation bank. A copy of the full prospectus for the proposed bank is available for review on Corps’ Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) public database ( At this website, in the left column under “Filter” select “USACE District” radio button and from the dropdown, select “Portland”. Then, in the same column under “Menu” select “Banks and Sites”, select “Broadmoor”. Once the page loads, select “[Cyber Repository]” along the top menu. Here you will be able to download the prospectus. Alternatively, a copy of the prospectus may be requested from the Corps. 

Bank Description: The proposed Broadmoor Mitigation Bank would generate wetland credits by restoring scrub shrub and forest-dominated wetlands and providing upland buffers. The objectives of the mitigation bank include improving the functions of existing wetland areas, developing native plant communities, and developing buffers. In addition, the sponsor would ensure a mechanism for long-term protection and management.

The mitigation bank site is 62.1 acres. The bank sponsor began excavation and subsequent restoration activities on the bank site in 2022 which included material and tree removal and excavating the site to the groundwater table. The groundwater table matches the surface water elevations of the Multnomah County Drainage District (MCDD) pump-controlled sloughs on the boundaries of the mitigation area (Elrod and Columbia Slough). No further excavation on site is anticipated, see Figure 3 in enclosure. The site currently has large wood for habitat placed within the wetland area, pockets to retain seasonal ponding due to grading and is being planted. The 38.88-acre mitigation bank project would restore a mix of palustrine forested/palustrine scrub shrub, slope/flats wetlands. The project includes 20.31 acres of upland buffers, Figure 5 in the enclosure.

The Broadmoor Mitigation Bank proposes to only provide credits for impacts to Section 404 of the Clean Water Act wetlands. These credits would only be available for impacts authorized by the Corps within the proposed service area. 

Service Area: The mitigation bank service area is the geographic area within which impacts can be mitigated at a specific mitigation bank. The proposed service area for this bank is the Lower Willamette Watershed (4th Field Hydrologic Unit 17090012) that is below 500 feet in elevation, Figure 6 in enclosure. This service area includes the urbanizing areas of portions of Multnomah County, including the cities of Portland, Fairview, Troutdale, and Gresham; portions of Clackamas County, including portions of Happy Valley, Milwaukie, Oak Grove, and Lake Oswego; and portions of Columbia County, including Scappoose and parts of St. Helens.

Evaluation: The Corps will review all comments received and make an initial evaluation as to the potential of the proposed mitigation bank to provide compensatory mitigation for impacts authorized by the Corps. Comments received in response to this notice will be provided to the bank Sponsor and to an Interagency Review Team (IRT). The IRT may include federal, state, local, and/or tribal representatives. The role of the IRT is to review documents for, and advise the Corps on, the establishment and management of mitigation banks. 

If the Corps determines the proposed mitigation bank has the potential for providing appropriate compensatory mitigation, the Sponsor will prepare and submit a draft mitigation banking instrument. The instrument is a legal document governing the establishment, operation, and use of a mitigation bank. The Corps, in coordination with the IRT, will review the mitigation banking instrument and determine whether to approve the mitigation bank.

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 mitigation bank. Any comments received will be considered by the Corps to determine whether the proposed bank has the potential to provide compensatory mitigation for activities authorized by Department of Army (DA) permits. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.

Submitting Comments: Interested parties are invited to provide comments on the proposed mitigation bank. Comments may be submitted by conventional mail or e-mail. All comments received will be considered in determining whether the proposed mitigation bank has the potential to provide compensatory mitigation for activities authorized by DA permits.

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. 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 mitigation bank may be obtained from the Corps contact 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
        Andrea Seager
        Eugene Field Office
        211 E. 7th Avenue, Suite 105
        Eugene, Oregon 97401-2763
        Telephone: (541) 465-6882