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ENB Region 7 Completed Applications 01/03/2018

Madison County


Miller Lake Preservation Corporation
c/o John A Patane
6782 Nelson Rd
Canastota, NY 13032


Miller Lake Beaver Dam
E of Swamp School Rd, SW of Oxbow Rd and N of Cody Rd
Peterboro, NY

Application ID:


Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance
Article 24 Freshwater Wetlands

Project is Located:

Smithfield, Madison County

Project Description:

The applicant proposes to repair a breached beaver dam within the course of c(t) Oneida Creek and class 1 NYS Freshwater Wetland MO-9. A section of Oneida Creek was impounded by beavers creating the water body known as Miller Lake. The dam, which has previously been modified by humans, has begun to fail and a breach is lowering the water levels of the lake. Rock rip rap has been proposed to repair a 50 foot section of breach at the outflow of Miller Lake.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: NYS Department of Environmental Conservation

State Historic Preservation Act (SHPA) Determination:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jan 18, 2018.


Kevin M Balduzzi
NYSDEC Region 7 Headquarters
615 Erie Boulevard W
Syracuse, NY 13204

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