OPN 21-02 Application 408-NAB-2021-0002 (Hornell – Water Pollution Control Plant Improvements)

Published May 13, 2021
Expiration date: 6/13/2021

                    Public Notice                    

U.S. Army Corps           OPN 21-02 Application 408-NAB-2021-0002
of Engineers                  Hornell – Water Pollution Control Plant Improvements
Baltimore District                     

OPN 21-02                      Comment Period: May 13, 2021 to June 13, 2021 


The US Army Corps of Engineers, Baltimore District has received an application to alter a US Army Corps
of Engineers Civil Works Project, pursuant to 33 USC 408 (Section 408).

The purpose of this notice is to solicit comments and recommendations from the public concerning
issuance of a Department of the Army permit for the work described below.

APPLICANT: City of Hornell Water Pollution Control Plant
AGENT: Mr. Matthew Higgins, Project Engineer, LaBella Associates, DPC
FEDERAL PROJECT: Hornell Flood Risk Management, Southeast Hornell System
LOCATION: Hornell (City) and Hornellsville (Town), New York
ACTIVITY: Installation of the following within 15 feet of the existing levee to support
improvements to the City of Hornell’s Water Pollution Control Plant:
    • New buried ductile iron pipe and fittings and process valves
    • New buried small-diameter copper pipe and yard hydrant
    • New yard hydrant
    • Replacement of existing concrete sidewalk
    • New electrical handhole(s) and underground conduit

The decision whether to issue a permit will be based on an evaluation of the proposed modification
specifically to the authorized federal civil works project to ensure that it is not injurious to the public
interest or affect the USACE project’s ability to meet its authorized purpose(s).

In addition, a decision on a Section 408 request is a federal action, and therefore subject to the National
Environmental Policy Act (NEPA) and other environmental compliance requirements. The decision on
whether to authorize proposed non-federal alterations at existing civil works projects includes an
evaluation of the probable environmental impacts of that alteration on Corps-owned facilities. The U.S.
Army Corps of Engineers, Baltimore District, will prepare appropriate documentation in accordance with
the provisions of the NEPA of 1969, as amended, the Council of Environmental Quality’s (CEQ)
regulations (40 CFR 1500-1508), and the Corps’ Engineering Regulation (ER) 200-2-2, Procedures for
Implementing NEPA, 4 March 1988. This process involves evaluating the potential impacts of the
proposed project to the physical, chemical, and biological characteristics of the aquatic and terrestrial
ecosystem, endangered and threatened species, hazardous and toxic materials, aesthetics and
recreation, cultural resources, the general needs and welfare of the public, and other considerations. As
the potential significant impacts of a project increase, so does the complexity of reaching an agency

The Corps of Engineers has jurisdiction under Section 408 only over the specific activities or portions of
activities that have the potential to alter a USACE project. Therefore, if the proposed alteration is part of
a larger project (and/or its associated features) that extends beyond the USACE project boundaries, the
USACE District will determine what portions or features of the larger project USACE has sufficient
control and responsibility over to warrant their inclusion in the USACE review. The scope of analysis for
both the technical review and NEPA compliance evaluations for the Section 408 review will be limited to
the area of the alteration and those adjacent areas that are directly or indirectly affected by the
alteration found on USACE property or other easements.

The applicant must obtain any state or local government permits that may be required.

The Corps of Engineers 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 this
proposed activity within the USACE project limits. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny authorization for this

Comments are also used to determine the need for a public hearing and to determine the overall public
interest in the proposed activity.

Comments on the proposed work should be submitted within 30 days via email to the undersigned, or,
in writing, to the District Engineer, U.S. Army Corps of Engineers, Baltimore District, 2 Hopkins Plaza,
Baltimore, Maryland 21201.

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

Please communicate the information in this notice to any persons you know to be interested, who did
not receive a copy of this notice. Additional information concerning this application may be obtained by
calling Robert Lewis at 410-962-2708, via email at Robert.L.Lewis@usace.army.mil or writing this office
at the above address.