US Army Corps of Engineers
Baltimore District Public Notice
Application Number 408-NAB-2024-0026 National Fuel Gas Distribution Adsit Place Pipeline Replacement Project
Comment Period: 9 June 2025 – 24 June 2025
THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT AUTHORIZATION WILL BE GRANTED AT THIS TIME.
The US Army Corps of Engineers, Baltimore District has received a request 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 from the public concerning issuance of a Department of the Army permit for the work described below.
APPLICANT: National Fuel Gas Distribution Corporation
AGENT: Michael J. Barber, Vice President
FEDERAL PROJECT: North Hornell Levee System & West Hornell Levee System
LOCATION: Town of Hornell, Steuben County, New York
ACTIVITY: Replace a segment of existing natural gas transmission pipeline in the town of Hornell, New York. The existing pipeline segment, attached to a pedestrian bridge which traverses Canacadea Creek, will be replaced with an 8-inch diameter pipe using horizontal directional drill (HDD) methodology and will traverse underneath Canacadea Creek and the North Hornell and West Hornell Levee Systems for approximately 686 feet. Adjacent open-cut drilling will install 8-inch diameter pipes outside of the levee systems to connect to the existing natural gas pipeline.
The decision whether to issue approval 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, 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 action.
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 federal, state, or local government permits that may be required.
USACE 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 USACE to determine whether to issue, modify, condition, or deny authorization for this proposal.
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 15 days of this notice via email to the address below, 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 Kathy Anderson at 410-952-3007, via email at Kathy.Anderson@usace.army.mil or writing this office at the above address.