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 280 Culvert Project", a construction initiative submitted by New

York State Department of Transportation in Region 5. The project entails the replacement

and/or upgrade of culvert on NYS Route 280 and crossing over Unnamed Tributary to Alleghany

Reservoir in the town of South Valley, NY and within Seneca Nation Territory.

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

specifically Section 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 November 21, 2024, the Seneca Nation Environmental Protection Department (EPD)

received a completed “Permit Application for Construction Projects Within Waterways” from the

New York State Department of Transportation (NYSDOT). The application pertains to the “NY

280 Culvert Project,” which involves the replacement and upgrading of a culvert on NYS Route

280. This culvert crosses an unnamed tributary of the Allegany Reservoir, identified by CIN

#510159, in the Town of South Valley, New York, and within Seneca Nation territory. The

project’s scope includes necessary work to ensure compliance with environmental and regulatory

standards

The Project is anticipated to proceed under the CWA § 404 Nationwide Permit (NWP).

Federal Clean Water Act (CWA) and 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 comment 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 NY 280 Culvert 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 NY 280 Culvert Project

CPWW Application” in the subject line.

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