# PUBLIC NOTICE OF PROPOSED CWA § 401 CERTIFICATION

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aseneca_nation%3Ad1f321634c29945b

## Record

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

## Text

PUBLIC NOTICE OF PROPOSED CWA § 401 CERTIFICATION
by the
SENECA NATION ENVIRONMENTAL PROTECTION DEPARTMENT

Project: On February 1, 2023, the Seneca Nation (Nation) Environmental Protection Department
(EPD) received a completed “Permit Application for Construction Projects Within Waterways”
(CPWW) from the New York State Department of Transportation (Applicant). The scope of work
for the project identified as Pin Number 5101.92, and encompasses Pavement Rehabilitation and
Restoration on US Route 219 and Route 954T, from 1-mile south of the Seneca Nation Territory
boundary line, to “T” intersection with Route 417, the replacement of culvert CIN 5101.18
(“Pavement Rehabilitation on US Route 219 and Route 954T from 1-mile south of Seneca Nation
Territory boundary line, to “T” intersection with Route 417” or “Project”), as follows: bridge
rehabilitation portion for BIN 6414.50 over the Allegany River, replace ground mounted signs
and guiderail, in the Town of Carrollton, Cattaraugus County, New York. The Project is
anticipated to proceed under the CWA § 404 Nationwide Permit 3 (NWP-3). This project requires
permitting under Section 404 of the federal Clean Water Act (CWA), which in turn requires
certification under CWA § 401 by the Seneca Nation as to whether the Project will comply with
the Nation’s water quality requirements. Pursuant to CWA § 401, the Seneca Nation
Environmental Protection Department (EPD) seeks public and agency comment regarding the
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. Examples of federal permits and licenses requiring
certification include the CWA §§ 402 and 404 permits issued by the EPA and the U.S. Corps of
Engineers, respectively.
Public Comment Period: Pursuant to CWA § 401(a)(1), the public comment period for the
proposed CWA § 401 certification of the Rehabilitation and Restoration of US Route 219 and
Route 954T from 1-mile south of the south of Seneca Nation Territory boundary line, to “T”
intersection with Route 417 by EPD is thirty (30) days from the date of publication of this notice
in the SNI Newsletter (Community News Section) and other publicly available locations. Agency
representatives and members of the public are encouraged to submit written comments to EPD,
by 4:30pm on April 25, 2023, 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: 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 Pavement Rehabilitation
on US Route 219 and Route 954T CPWW Application” in the subject line.
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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aseneca_nation%3Ad1f321634c29945b. Public record. Not legal advice.