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

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

process for the proposed " NY Route 417 over Ten Mile Creek Check Dam Replacement

Project", a construction initiative submitted by New York State Department of Transportation in

Region 5. This project proposes installing a rock riffle and plunge pool immediately downstream

of BIN 6012290 over Tenmile Creek. This is required to address stream degradation and provide

bank stabilization at the channel beneath and downstream of the bridge.

Additional work (outside of the waterway) includes milling 3” along NY 417 and resurfacing with

1.5” of Top Course Asphalt. In addition, road signs and guiderail will be replaced, pedestrian

curb ramps will be brought to current ADA standards, and drainage structures will be cleaned

and repaired if needed.

As the project falls under the jurisdiction of the federal Clean Water Act (CWA),

specifically Section 404, it requires certification from the Seneca Nation to ensure compliance

with the Seneca 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 Seneca 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 March 24, 2025, 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 (NYSDOT) Region 5 Office. The Project

herein known as “NY Route 417 over Ten Mile Creek Check Dam Replacement Project” or

“Project” carries a detailed scope of work which includes as follows: installing a grade stabilization

structure (rock riffle) immediately downstream of BIN #6012290. The rock riffle will prevent

additional stream degradation and channel incision (head cutting), restore the streambed to a more

natural elevation, and facilitate aquatic organism passage (AOP). The proposed rock riffle and

plunge pool extends approximately 28-feet downstream. The amount of fill to be placed below

Ordinary High-Water Mark (OHW) is 237.5 Cubic Yards (8.48 CY per running foot of stream

bank). This amount of fill is necessary due to the severe stream degradation at this location (2 to 3

feet since 2013). Plan sheets and hydraulic report are included in Appendix B.

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 NY Route 417 over Ten Mile Creek Check Dam 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 {INSERT

DEADLINE DATE}, 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 NY Route 417 over Ten

Mile Creek Check Dam Project CPWW Application” in the subject line.

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