# The Seneca Nation Environmental Protection Department (EPD) has initiated a public review

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aseneca_nation%3A7cb32e166304e762

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

The Seneca Nation Environmental Protection Department (EPD) has initiated a public review
process for the proposed "Thorpe Hollow Creek Project", a construction initiative submitted by
the New York State Department of Transportation in Region 5. The project entails the
replacement and/or upgrade of a culvert and the construction of a bridge over Thorpe Hollow
Creek, on Windfall Road in the Town of Carrollton, NY and located within Seneca Nation
Territory.
As the project falls under the jurisdiction of the federal Clean Water Act (CWA),
specifically CWA § 404, it requires certification from the Nation to ensure compliance with the
Nation's water quality standards. In accordance with CWA § 401, the EPD is soliciting comments
from the public and relevant agencies regarding its proposed certification of the CWA § 404
permit for this project, which is anticipated to proceed under the Nationwide Permit. EPD's
review process aims to assess the project's potential environmental impacts and ensure that it
aligns with the Nation's water quality requirements, and stakeholders are encouraged to
provide input during this critical evaluation phase.

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PUBLIC NOTICE OF PROPOSED CWA § 401 CERTIFICATION
by the
SENECA NATION ENVIRONMENTAL PROTECTION DEPARTMENT
Project: On June 13, 2024, the Seneca Nation (Nation) Environmental Protection Department
(EPD) received a completed “Permit Application for Construction Projects Within Waterways”
from the New York State Department of Transportation Region 5. The Project identified as #PIN
5814.65 herein known as “Thorpe Hollow Creek Project” or “Project” carries a detailed scope of
work which includes as follows: replacement/and or upgrade of the culvert and construction of
bridge over Thorpe Hollow Creek, identified as BIN # 6600230, in the Town of Carrollton, NY
and residing within the territory of the Nation.
The Project is anticipated to proceed under the CWA § 404 Nationwide Permit (NWP).
Federal Clean Water Act (CWA) requires certification under CWA § 401 from the Nation that the
Project will meet the Nation’s water quality requirements. Accordingly, EPD seeks public and
agency comments regarding its proposed certification of the CWA § 404 permit at issue.
CWA § 401 Water Quality Certification: Under CWA § 401, a federal agency may not issue a
permit or license to conduct any activity which may result in any discharge into waters of the
United States unless a Section 401 water quality certification is issued or waived by the state or
authorized tribe where the discharge will originate. The Nation was approved to administer a CWA
§ 401 program on March 12, 2021, and has authorized EPD to review and administer permits
pursuant to CWA § 401.
Public Comment Period: Pursuant to CWA § 401(a)(1), the public comment period for the
proposed CWA § 401 certification of the Thorpe Hollow Creek Project by EPD is thirty (30) days
from the date of publication of this notice in the Community News Section of the SNI Newsletter
and other publicly available locations. Agency representatives and members of the public are
encouraged to submit written comments to EPD, by 4:30pm on June 16, 2025, as follows:
•

by email at epd@sni.org or

•

by USPS mail to the Seneca Nation Environmental Protection Department, 84 Iroquois
Drive, Irving NY 14081, Attention: Jordan Parker Buffalo Water Program Manager

Copies: A copy of this CPWW Application is available under the “documents” tab at the EPD
website, here: https://sni.org/community-services/environmental-protection/ or may be requested
by contacting the email shown above, with the title, “Request for Copy of Thorpe Hollow Creek
Project CPWW Application” in the subject line.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aseneca_nation%3A7cb32e166304e762. Public record. Not legal advice.