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Part 921: Peconic River - Flanders Bay Drainage Basin

(Statutory authority: Environmental Conservation Law, § 17-0301)

Contents:

Sec.

§921.1 Adopting Order

Pursuant to article 17 of the Environmental Conservation Law, after proper study and following public hearings held on due notice, the Department of Environmental Conservation hereby adopts and assigns the following classifications and standards of quality, and purity to all surface waters within the drainage basin of Peconic River-Flanders Bay, as hereinafter described.

§921.2 Definitions and Conditions

The several terms, words or phrases hereinafter mentioned shall be construed as follows:

(a) Item No. In Table I an item number is assigned consecutively to each specifically designated waters or portion thereof.

(b) Waters index number, as appearing in Table I, shall mean that number or abbreviation assigned to any designated waters or portion thereof for the purpose of identification.

(1) The numbering of index system used to identify specific waters of New York State was adapted from that used by the New York State Conservation Department in its biological survey series of reports on watersheds of the State. The primary waters of a drainage area, such as a river, large lake, bay or sound are usually referred to by name or an abbreviation. Tributaries of primary river waters are consecutively numbered progressing upstream from the mouth. Tributaries of primary lake, bay or sound waters are consecutively numbered in a clockwise order from a defined point, usually the outlet of the primary waters. Subtributaries are numbered as encountered along the tributary proceeding from its mouth to the source, and in like manner all of its other stream courses are so numbered. Ponds and lakes are numbered in the order they are encountered within the system. Tributaries of such lakes and ponds are numbered consecutively as they enter, progressing clockwise around the lake or pond from its outlet or mouth. The numbers assigned to such lakes and ponds are prefixed by the letter P. When isolated lakes and ponds are referenced by a waters index number, it is merely for convenience of their identification and location within a subdrainage basin, and it is not necessarily indicative of their being tributary to any waters to which no surface connection is shown on the reference maps.

(2) This system was applied to the waters under consideration by the New York State Conservation Department in its Biological Survey of the Lower Hudson Watershed and Biological Survey of the Fresh Waters of Long Island in 1936 and 1938, respectively, and has been closely followed in connection with the numerical identification of the waters with the following exceptions: Some of the stream numbers do not run consecutively due to the omission of streams originally shown on the older maps employed by the Conservation Department at the time of it 1936 and 1938 surveys but not shown on later editions of maps reproduced herein. Conversely, streams, lakes and ponds not shown on the older maps but appearing on the newer maps are designated by suffix letters a, b, c, etc.

(3) The system as applied to the identification of the designated waters may be outlined as follows: There are several primary indices used to identify the designated waters. Those waters that drain Flanders Bay proper are identified by waters index numbers prefixed by the abbreviation FB. Waters draining the Peconic River are identified by waters index numbers prefixed by the abbreviation FB3-112. Waters of Reeves Bay and Long Island Sound are identified by RB and LIS, respectively, prefixing the waters index numbers.

(4) The following table will illustrate how the designated waters may be identified through the use of the waters index system:

Waters Index Number Name of Waters Explanation
FB1, FB2, FB3 Flanders Bay Primary waters identified by an abbreviation.
FB2-110 Meetinghouse Creek The 110th stream encountered on Long Island proceeding in a clockwise direction around the island from Fort Hamilton (The Narrows).
FB2-110-1 Terry's Creek The first tributary entering Meetinghouse Creek above the mouth.
FB3-112-P 555 Peconic Lake The 555th pond or lake encountered in the biological survey area of the Atlantic Ocean-Long Island Sound watershed.

(c) The abbreviations trib., tribs., subtrib., and subtribs., indicating tributary, tributaries, subtributary and subtributaries, respectively, shall mean any stream, pond or other body of surface water which flows into any other stream, pond or other body of surface water; where no tributary, tributaries, subtributary or subtributaries are mentioned, the specifically designated waters shall include only the stream, pond or other body of water referenced by such waters index number; where a tributary or tributaries, subtributary or subtributaries are mentioned after the waters index number, the specifically designated waters shall include the stream, pond or other body of water referenced by such waters index number and all tributaries and subtributaries thereof, which are shown on the reference maps, excluding numbered ponds, unless exceptions as expressly stated.

(d) Name, as appearing in Table I, shall mean the name by which the specifically designated waters are known and which name may appear on the reference maps. In cases of specifically designated waters which have no name, the named waters to which the unnamed waters are tributary are identified as far as possible.

(e) Description. The column headed "Description" contains designations of segments or sections of waters under consideration to which a particular assignment of a class and standards shall apply. Also included in this column is any useful information pertinent to the classification or standards.

(f) Map Ref. No., as appearing in Table I, means map reference number and indicates one or more of the following numbered maps reproduced herein completely, or in part, on which the specifically designated waters and their index numbers are shown:

(1) The following maps were produced from original maps which may be procured through the Washington Distribution Section, Geological Survey, Silver Spring, Maryland:

Map Ref. No. Quadrangle Name Edition Published By
1 Wading River 1947 U.S. Geological Survey
2 Middle Island 1947 U.S. Geological Survey
3 Riverhead 1947 U.S. Geological Survey
4 Mattituck 1947 U.S. Geological Survey
5 Bellport 1947 U.S. Geological Survey
6 Moriches 1947 U.S. Geological Survey
7 Eastport 1947 U.S. Geological Survey

(2) The above-mentioned maps have been consolidated in section 921.6, infra, and is hereinafter known as Map 2.

(g) Class, as appearing in Table I and denoted by the letters B, C, D, SA, SB, SC and SD opposite each specifically designated waters, shall mean Class B, C, D, SA, SB, SC and SD, as the case may be, as set forth in Part 701, supra.

(h) Standards, as appearing in Table I and denoted by the letters B, C, D, SA, SB, SC and SD opposite each specifically designated waters, shall mean the quality standards established for Class B, C, D, SA, SB, SC and SD, as the case may be, as set forth in Part 701, supra. The symbol (T) appearing after any class designation shall mean that the designated waters are trout waters and that the dissolved oxygen specification for trout waters shall apply thereto.

(i) The term trout as used in this Part means any fish in the following genera: Coregonus, Oncorhynchus, Prosopium, Salmo, Salvelinus and Thymallus.

(j) The Peconic River - Flanders Bay drainage basin shall be deemed to include the following areas:

(1) that portion of Long Island Sound within the boundaries of New York State extending from a line passng due north through a point 1.1 miles west of West Landing to a line passing due north through Luce Landing;

(2) all of the Peconic River and Flanders Bay as defined in Table I included herein; and

(3) all land and water areas which are directly or indirectly tributary to Peconic River - Flanders Bay and that section of Long Island Sound described above.

(k) Unless otherwise expressly defined in Table I, the mouth of any stream or estuary shall be considered to be represented by a continuation of the shoreline of the bay, cove, river, estuary or creek to which such stream or estuary is tributary across the channel axis of such tributary stream or estuary.

(l) All streams, ponds, estuaries or other bodies of water which appear as lines, to indicate natural waters, on the reference maps herein, and which are not specifically designated in Table I, shall be assigned the same classes and standards of quality and purity as the specifically designated waters to which they are directly tributary.

(m) All streams, ponds, estuaries or other bodies of water which are not shown on the reference maps herein shall be assigned to Class D, as set forth in Part 701, supra, except that any continuous flowing natural stream which is not shown on the reference maps shall have the same classification and assigned standards as the waters to which it is directly tributary; or, if they be tidal salt waters, such waters which are not shown on the reference maps herein shall be assigned to Class SD, as set forth in Part 701, supra, except that any continuous flowing natural stream which is not shown on the reference maps shall have the same classification and assigned standards as the waters to which it is directly tributary.

§921.3 Assigned Classifications and Standards of Quality and Purity

The classifications and standards of quality and purity assigned to the surface waters specifically designated and described herein are set forth in Table I, subject to the definitions and conditions as stated above.

§921.4 Table I

Table I
Classifications and Standards of Quality and Purity Which Are Assigned to All Fresh Surface and Tidal Salt Waters Within the Peconic River - Flanders Bay Drainage Basin, Which Includes a Portion of Long Island Sound
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 FB1 Flanders Bay east Flanders Bay east shall be considered as that body of tidal water, as shown on the reference map, exclusive of tribs. and estuaries described later in this table, lying between a line from Red Cedar Point, Town of Southampton, to Miamogue Point, Town of Riverhead, and a line from center of Reeves Creek to northwestern boundary of Reeves Bay and continued to northeastern boundary of Reeves Bay. 2 SA SA
2 FB2 Flanders Bay center Flanders Bay center shall be considered as that body of tidal water lying between a line from center of Reeves Creek to northwestern boundary of Reeves Bay and a line from west shore of Reeves Creek to southern point of Indian Island and continued to northwestern boundary of Reeves Bay. 2 SA SA
3 FB3 Flanders Bay west Flanders Bay west shall be considered as that body of tidal water lying between line from southern point of Indian Island to northwestern boundary of Reeves Bay and line due south from mouth of Sawmill Creek. 2 SC SC
4 FB1-105 Trib. of Flanders Bay east Enters Flanders Bay east from north approximately 0.3 mile west of Miamogue Point. 2 SA SA
5 FB1-105a including P 508 Trib. of Flanders Bay east Enters Flanders Bay east from north approximately 0.7 mile west of Miamogue Point. 2 SB SB
6 [Repealed]
7 FB1-107 and tribs. 1, 2 portion as described Trib. of Flanders Bay east Enters Flanders Bay east from north approximately 1.6 miles west of Miamogue Point. Tidal portion. 2 SA SA
8 FB1-107 and tribs. 1, 2 portion as described Trib of Flanders Bay east Fresh waters portion 2 C C
9 FB1-108 Trib. of Flanders Bay east Enters Flanders Bay east from north approximately 1.9 miles west of Miamogue Point. 2 SA SA
10 FB1-109 and tribs. 1, 2 Reeves Creek Enters Flanders Bay east and Flanders Bay center from north approximately 2.2 miles west of Miamogue Point. 2 SC SC
11 P 506 Pond Isolated pond located 0.3 mile northwest of Jamesport. 2 C C
12 [Repealed]
13 P 512 Pond Located north of Main Road at Aquebogue. 2 C C
14 FB2-110 portion as described Meetinghouse Creek Enters Flanders Bay center on north side of Indian Island. From mouth to Long Island Rail Road, Montauk Branch. 2 SC SC
15 FB2-110 portion as described Meetinghouse Creek Above Long Island Rail Road, Montauk Branch. 2 SC SC
16 FB2-110-1 portion as described Terry's Creek Enters Meetinghouse Creek from west approximately 0.25 mile from mouth. Tidal portion. 2 SC SC
17 FB2-110-1 portion as described Terry's Creek Fresh waters portion. 2 C C
18 FB3-111 portion as described Sawmill Creek Enters Flanders Bay west at northwest corner. Tidal portion, east of Long Island Rail Road, Montauk Branch. 2 SC SC
19 FB3-111 portion as described and trib. 1 Sawmill Creek Fresh waters portion, west of Long Island Rail Road, Montauk Branch. 2 C C
20 FB3-111-P 515 Trib. of Sawmill Creek Pond located northwest of Main Street in Riverhead. 2 C C
21 FB3-111-P 521 Trib. of Sawmill Creek Pond located north of Old Country Road in Riverhead. 2 C C
22 P 517 Merritt's Pond Located in Village of Riverhead. 2 B B
23 P 522, P 523, P 524 Ponds Isolated ponds located in area north of Old Country Road, east of Harrison Avenue, south of Middle Road, and west of Northville Turnpike in the Town of Riverhead. 2 C C
24 FB3-112 portion as described Peconic River Enters Flanders Bay west from west. Tidal portion, east of Peconic Avenue dam in Riverhead. 2 SC SC
25 FB3-112 portion as described including P 550 Peconic River From Peconic Avenue dam, Riverhead to dam at Peconic Lake, located approximately 0.6 mile west of intersection of Brookhaven and Southampton town lines. 2 C C
26.1 FB3-112-P5-55 portion as described Peconic Lake That portion of Peconic Lake lying north of centerline of main stream channel passing through lake. 2 C C
26.2 FB3-112-P 555 portion as described Peconic Lake That portion of Peconic Lake lying south of centerline of main stream channel passing through lake. 2 B B
27 FB3-112 portion as described including P 565 Peconic River From western end of Peconic Lake to dam at P 565a. 2 C C
28 FB3-112-P 565a Trib. of Peconic River Formed by dam across Peconic River approximately 1.7 miles west of Calverton. 2 B B
29 FB3-112 portion as described including P 565b, P 565c, P 565d Peconic River From dam at P 565a to source. 2 C C
30 P 526a Silver Brook Pond Isolated pond located south of Flanders Road approximately 1.5 mile southeast of Peconic River Bridge in Riverhead. 2 C C
31 FB3-112-1 portion as described Trib. of Peconic River Enters Peconic River from south approximately 0.9 mile west of mouth. Tidal portion, north of Flanders Road. 2 SC SC
32 FB3-112-1 portion as described including P 527 Trib. of Peconic River Fresh waters portion south of Flanders Road. 2 C C
33 FB3-112-1-P 526, P 626 Tribs. of Peconic River Ponds located approximately 1.5 miles west of Flanders. 2 C C
34 FB3-112-2 including P 529a Trib. of Peconic River Enters Peconic River from south just west of dam at Peconic Avenue in Riverhead. Cheney Pond (P 529a). 2 C C
35 FB3-112-2-P 536 Great Pond Located east of Moriches-Riverhead Road approximately 1.75 miles south of Riverhead. 2 B B(T)
36 FB3-112-2-P 529 and trib. Sweezy Pond Located approximately 1.0 mile southwest of Riverhead in the Town of Southampton. 2 C C
37 FB3-112-3 Trib. of Peconic River Enters Peconic River from north approximately 1.2 miles west of dam at Peconic Avenue in Riverhead. 2 C C
38 FB3-112-3-P 542 Subtrib. of Peconic River Located northwest of junction of Old Country Road and Mill Road in the Town of Riverhead. 2 C C
39 P 552 Pond Isolated pond located approximately 1.7 miles southwest of Riverhead in the Town Southampton. 2 C C
40 P 556 Pond Isolated pond located approximately 0.3 mile south of Peconic Lake and 2.8 miles west of Riverhead in the Town of Brookhaven. 2 B B
41 [Repealed]
42 [Repealed]
43 FB3-112-3a-P 563 Subtrib. of Peconic River Pond located approximately 0.4 mile northwest of Calverton. 2 C C
44 [Repealed]
45 FB3-112-5 Trib. of Peconic River Enters Peconic River from northwest approximately 3.3 miles west of Calverton. 2 C C
46 FB3-112-5-P 570 and trib. 2 Swan Pond Located south of Swan Pond Road approximately 2.75 miles west of Calverton. 2 C C
47 FB3-112-5a and trib. Trib of Peconic River Enters from south approximately 3.5 miles west of Calverton. 2 C C
48 FB3-112-6 and P 575, P 575b, P 575c, P 576, P 576a, P 578, P 579, P 580 Tribs. of Peconic River Enter Peconic River from northwest approximately 3.75 miles west of Calverton. Ponds are located in area bounded by Swan Pond Road to north, River Road to southeast, Wading River-Manorville Road to southwest and Schultz Road to west in the Town of Riverhead. Sandy Pond (P 575). Linus Pond (P 576). Forest Lake (P 579). 2 C C
49 FB3-112-6-P 581 North Pond Located just north of Swan Pond Road between Schultz Road and Line Road in the Town of Riverhead. 2 C C
50 P 572, P 572a, P 572b Ponds Isolated ponds located in area south of Middle Country Road, west of Edwards Avenue, north of Swan Pond Road, and east of Line Road in the Town of Riverhead. 2 C C
51 FB3-112-6a and trib. Trib. of Peconic River Enters Peconic River from south approximately 1.6 miles east of southwest corner of Town of Riverhead. 2 C C
52 P 584 Pond Isolated pond located approximately 0.75 mile west of Manorville. 2 C C
53 FB3-112-7 and tribs. Trib. of Peconic River Enters from south approximately 0.75 mile east of southwest corner of Town of Riverhead. 2 C C
54 FB3-112-8 and trib. including P 598a, P 598, P 600c, P 602a Trib. of Peconic River Enters Peconic River from north approximately 0.4 mile east of southwest corner of Town of Riverhead. Woodchoppers Pond (P 600c). 2 C C
55 FB3-112-P 592a Zeeks Pond Located approximately 0.2 mile west of southwest corner of Town of Riverhead. 2 C C
56 P 597 Pond Isolated pond located 0.25 mile north of Middle Country Road and adjacent to west side of Wading River Road in the Town of Brookhaven. 2 C C
57 FB3-112-9, 10, 11, 12, 13, 14 Tribs. of Peconic River Trib. 9 enters from north approximately 0.4 mile above trib. 8. 2 C C
58 FB3-112-8-P 600, P 600a, P 600b, P 602, P 603 Subtribs. of Peconic River Grassy Pond (P 600). Sandy Pond (P 600a). Duck Pond (P 600b). Peasy's Pond (P 602). Horn Pond (P 603). 2 B B
59 FB3-112-8-P 605, P 606, P 608, P 609, P 609a Subtribs. of Peconic River All ponds located in area bounded by Middle Country Road on south, Schultz Road on east, Long Pond on north and western boundary of property of Brookhaven. National Laboratories, Town of Brookhaven. Carey Pond (P 609). Cranberry Pond (P 609a). 2 C C
60 RB Reeves Bay Reeves Bay shall be considered as that body of tidal water lying southwest of Flanders Bay east, as shown on reference map 2 SA SA
61 RB-113 Trib. of Reeves Bay Enters Reeves Bay from west approximately 1.0 mile southwest of northwestern boundary of Reeves Bay. 2 SC SC
62 RB-113a Trib. of Reeves Bay Enters Reeves Bay from south approximately 0.5 mile southwest of northeastern boundary of Reeves Bay. 2 SC SC
63 RB-114 portion as described Goose Creek Enters Reeves Bay from southeast approximately 0.2 mile southwest of northeastern boundary of Reeves Bay. Tidal portion, north of Flanders Road. 2 SC SC
64 RB-114 portion as described Goose Creek Fresh waters section, south of Flanders Road. 2 C C
65 FB1-115 portion as described Birch Creek Enters Flanders Bay east from south approximately 2.1 miles west of Red Cedar Point. Tidal portion north of Flanders Road. 2 SC SC
66 FB1-115 portion as described including P 628 Birch Creek Fresh waters portion, south of Flanders Road. 2 C C
67 FB1-P 629, P630 Tribs. of Flanders Bay east Isolated ponds located in area bounded by Flanders Bay east on north, Mill Creek on east, Flanders Road on south and Birch Creek on west. 2 C C
68 FB1-116 portion as described Mill Creek Enters Flanders Bay east from south approximately 1.5 miles west of Red Cedar Point. Tidal portion, north of Flanders Road. 2 SC SC
69 FB1-116 portion as described Mill Creek Fresh waters portion, south of Flanders Road. 2 B B
70 FB1-116-P 633 Sears Pond Located south of Flanders Road and approximately 2.5 miles southeast of Flanders. 2 B B
71 FB1-117 portion as described and tribs. 1, 2 Hubbard Creek Enters Flanders Bay east from south approximately 0.9 mile southwest of Red Cedar Point, tidal portion. 2 SC SC
72 FB1-117 portion as described and trib. 3 including P 636 Hubbard Creek Fresh waters portion. 2 C C
73 FB1-117-P 637 Bellows Pond Located south of Flanders Road and approximately 3.4 miles southeast of Flanders. 2 B B
74 P 634 Penny Pond Isolated pond located approximately 1.5 miles southeast of Red Cedar Point, Town of Southampton. 2 B B
75 LIS Long Island Sound Between point 1.25 miles west of West Landing, Town of Brookhaven, and point 1.6 miles east of Jacobs Point, Town of Riverhead. 2 SA SA
76 LIS-69 portion as described Trib. of Long Island Sound Enters Long Island Sound from southeast approximately 5.0 miles east of West Landing. Tidal portion. 2 SB SB
77 LIS-69 portion as described including P 356a Trib. of Long Island Sound Fresh waters portion. P 356a is located between Long Island Sound and Sound Avenue, Town of Riverhead. 2 B B
78 LIS-69-1 Subtrib. of Long Island Sound Enters approximately 0.2 mile south of mouth. 2 C C
79 LIS-68 portion as described including tribs. 1,2, 3 Wading River Enters Long Island Sound at West Landing. Tidal portion. 2 SC SC
80 LIS-68 portion as described including P 353, P 354, P 355 Wading River Fresh water portion. Ponds located due south of Wading River hamlet and within half mile radius. 2 C C
81 P 610 Long Pond Located approximately 2.2 miles south of Wading River hamlet and adjacent to east boundary of Brookhaven National Laboratories, Town of Brookhaven. 2 B B
82 P 611 Pond Isolated pond located in area bounded by Schultz Road to the east, Long Pond Road to south, east boundary of Brookhaven National Laboratories on west and Route 25A to north in the Town of Brookhaven. 2 C C
83 P 614 Pond Isolated pond located approximately 0.3 mile due east of Long Pond. 2 C C
84 P 615 Deep Pond Isolated pond located in area bounded by Route 25A to north, Parker Road to east, Middle Country Road to south and Schultz Road to west in the Town of Riverhead. 2 B B

§921.5 Map 1

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE

§921.6 Map 2

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE