SPN-22-32 NAB-2022-00007-E03 (CALLC Consent Order After-the-Fact Permitting/Section 106 Programmatic Agreement)

Published Nov. 15, 2022
Expiration date: 11/30/2022

                Public Notice
U.S. Army Corps           In Reply to Application Number
of Engineers                 NAB-2022-00007-E03 (CALLC Consent Order After-the-
                                        Fact Permitting/Section 106 Programmatic Agreement)

Baltimore District
SPN-22-32                     Comment Period: November 15, 2022 to November 30, 2022

The Baltimore District has collaborated on a draft Programmatic Agreement (PA) to satisfy coordination and compliance requirements of the National Historic Preservation Act (NHPA) in the review of after-the-fact submissions by Chesapeake Appalachia Limited Liability Corporation (CALLC) for authorization of natural gas infrastructure projects within the Commonwealth of Pennsylvania. These after-the-fact authorization submissions are associated with the Consent Order and Agreement (COA) Civil Action No. 4:21-cv-00538) between the applicant, the Pennsylvania Department of Environmental Protection (PADEP) and the United States Environmental Protection Agency (EPA) filed on 20 May 2021. The Private entity and federal and state agencies signatory to this agreement include: the CALLC, Pennsylvania Historical and Museum Commission (PHMC), the PADEP, and the Baltimore and Pittsburgh Districts of the United State Army Corps of Engineers (USACE).

This PA represents a new agreement amount CALLC, and all the state agencies including PHMC and PADEP, and federal agencies, including the USACE Baltimore and Pittsburgh Districts as signatories.


This draft PA sets forth the processes by which CALLC and/or the USACE will meet responsibilities under Section 106, with the assistance of PHMC, for natural gas infrastructure projects which require after-the-fact authorization under the terms and conditions of an executed consent order and agreement.


This draft will be evaluated pursuant to Corps Regulatory Program Regulations (33 CFR Parts 320-332). The decision whether to participate in the PA will be based on an evaluation of the probable impacts, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important cultural resources. The benefit, which reasonably may be expected to accrue from the PA must be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the proposal will be considered. The Corps will consider all relevant comments from the public in reaching its decision.


Pursuant to Section 106 of the NHPA of 1966 and applicable guidance, the Corps has reviewed the latest published version of the National Register of Historic Places and initially determined that implementation of the PA will not adversely affect registered properties listed as eligible for inclusion, therein. Participation in the PA will streamline coordination and review of projects that have no effect or no adverse effects on properties listed or eligible for listing on the National Register of Historic Places.


Section 106 of the NHPA also requires federal agencies to consult with federally recognized American Indian Tribes that attach religious and cultural significance to historic properties that may be affected by the agency’s undertaking. Corps Tribal Consultation Policy mandates an open, timely, meaningful, collaborative, and effective deliberative communication process that emphasizes trust, respect, and shared responsibility. The policy further emphasizes that, to the extent practicable and permitted by law, consultation works toward mutual consensus and begins at the earliest planning stages before decisions are made and actions taken. The Corps final eligibility and effect determination will be based on coordination with interested tribes, in accordance with the Corps current tribal standard operating procedures as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on tribal resources. The Corps has contacted all federally recognized American Indian Tribes declaring an interest in resources located within the Commonwealth of Pennsylvania, regarding its participation in the PA and did not receive any comments in response to tribal notifications.


The Corps of Engineers is soliciting comments from the public; federal, state, and local agencies and officials; American Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this PA. Any comments received will be considered by the USACE to determine whether to amend, revise, and/or participate in this PA. To make this decision, comments are used to assess impacts on historic properties and the other public interest factors. Comments provided will become part of the public record for this action and are subject to release to the public through the Freedom of Information Act.

Written comments concerning the action described above related to the factors listed above or other pertinent factors must be received by the USACE, Baltimore District within the comment period specified above through postal mail at the address below or electronic submission to the project manager email address below. Written comments should reference the Application Number NAB-2022-00007 (CALLC Consent Order After-the-Fact Permitting/Section 106 Programmatic Agreement).

Any person who has an interest which may be adversely affected by the implementation of this agreement may request a public hearing. The request, which must be in writing, must be received within the comment period as specified above to receive consideration. Also, it must clearly set forth the interest which may be adversely affected by this activity and the manner in which the interest may be adversely affected. The public hearing request may be submitted by electronic mail or mailed to the following address:

Mr. Matthew Gall
U.S. Army Corps of Engineers, Baltimore District
Regulatory Branch
1631 South Atherton Street, Suite 101
State College, Pennsylvania 16801

It is requested that you communicate this information concerning the proposed work to any persons known by you to be interested, who did not receive a copy of this notice.

General information regarding the Corps’ permitting process can be found on our website at https://www.nab.usace.army.mil/Missions/Regulatory.aspx. This public notice has been prepared in accordance with Corps implementing regulations at 33 CFR 325.3. If you have any questions concerning this specific project or would like to request a paper copy of this public notice, please contact Mr. Matthew Gall at matt.gall@usace.army.mil. This public notice is issued by the Chief, Regulatory Branch.