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Part 856: Sparkill Creek Drainage Basin

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

Contents:

Sec.

§856.1 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 designated drainage basin of Sparkill Creek within Rockland County as hereinafter described.

§856.2 Definitions and Conditions

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

(a) Item no. In table I of this Part an item number is assigned to each specifically designated waters or portions thereof.

(b) Waters index number as appearing in table I of this Part shall mean that number or abbreviation which has been assigned to any specifically designated waters or portions thereof for the purpose of identification.

(1) The numbering or 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 basin, such as rivers or large lakes are usually referred to by name or an abbreviation. Tributaries of primary waters are consecutively numbered progressing upstream from the mouth. Ponds and lakes are numbered consecutively as they are encountered, such numbers being preceded by the letter P. Tributaries of such lakes and ponds are numbered consecutively as they enter, progressing clockwise around the lake or pond from its outlet or mouth. 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 basin under consideration by the Conservation Department in its biological survey of the Sparkill Creek watershed and has been closely followed in connection with the 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 older maps employed by the Conservation Department at the time of its survey, but not shown on newer maps reproduced herein. Conversely, a few streams not shown on the older maps but appearing on the newer maps are designated by the letters a, b, c, etc.

(3) The system as applied to the identification of waters in the Sparkill Creek drainage basin may be illustrated as follows:

Identification of Waters in the Sparkill Creek Drainage Basin
Waters Index Number Name Explanation
H-13 portion as described including P24 Sparkill Creek The 13th tributary entering Hudson River in Rockland Co. from Ferdon Mill Pond dam to Valentine Avenue, Sparkill.
H-13-2 and trib. Trib. of Sparkill Creek The 2nd trib. entering Sparkill Creek approx. 1.7 miles above mouth, east of Sparkill.
H-13-2-1-P24a Golf Club Pond Located at the Rockland Country Club, the source of trib. 1 which flows into trib. 2.

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

(d) Name as appearing in table I of this Part shall mean the name, if any, by which the specifically designated waters are generally known and which may appear on the reference maps. In cases of specifically designated waters which have no name, the named tributary to which the unnamed waters are tributary is indicated as far as possible.

(e) Description as appearing in table I of this Part shall mean a brief indication as to the location of the specifically designated waters. Entries may include designations of segments or sections of waters to which a particular assignment of a class and standards shall apply. Entries may also include any useful information pertinent to the classification and standards.

(f) Map ref. no.as appearing in table I of this Part 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. The following map was produced from original maps which may be procured through the Washington Distribution Section, Geological Survey.

Map Ref. No. Name of Quadrangle Published by Edition
2 Nyack (partial) U.S.G.S. 1943

(g) Class as appearing in table I of this Part, and denoted by the letters A, B, C, or D, opposite each specifically designated waters, shall mean class A, B, C, or D, as the case may be, as set forth in Part 701, supra.

(h) Standards as appearing in table I of this Part, and denoted by the letters A, B, C, or D, opposite each specifically designated waters shall mean the standards of quality and purity established for class A, B, C, or D, as the case may be, as set forth in Part 701, supra.The symbol (T) appearing after any standard designation shall mean that the designated waters are trout waters and that the dissolved oxygen specification for trout waters shall apply thereto. The symbol (TS) after any standard designation shall mean that the designated waters are suitable for trout spawning and that the dissolved oxygen specification for trout spawning waters shall apply thereto.

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

(j) All streams 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 of this Part, shall be assigned the same classes and standards of quality and purity as the specifically designated waters to which they are directly tributary.

(k) All streams 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.

(l) The Sparkill Creek drainage basin shall be deemed to include the following areas: all land and water areas, the natural surface water drainage from which is directly or indirectly tributary to Sparkill Creek.

§856.3 Assigned Classifications and Standards of Quality and Purity

The classifications and standards of quality and purity which are hereby assigned to all surface waters within the Sparkill Creek drainage basin are as set forth in table I of this Part.

§856.4 Table I

Table I
Classifications and Standards of Quality and Purity Which Are Assigned to All Surface Waters Within the Sparkill Creek Drainage Basin, Rockland County, New York
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 H-13 portion as described Sparkill Creek From mouth to dam forming Ferdon Mill Pond, P 24 tidal portion of stream. 2 B B
2 H-13 portion as described including P 24 Sparkill Creek From dam forming Ferdon Mill Pond, P 24, to Valentine Avenue, Sparkill. 2 C C
3 H-13 portion as described excluding portions in New Jersey Sparkill Creek From Valentine Avenue, Sparkill,to trib. 6a. 2 C C
4 H-13 portion as described Sparkill Creek From trib. 6a to P 26b. 2 C C(T)
5 H-13-P 26b Unnamed pond Located on Sparkill Creek approximately 2.2 miles above New York - New Jersey state line and east of hamlet of Orangeburg. 2 B B(T)
6 H-13 portion as described Sparkill Creek From P 26b to trib. 13. 2 C C(T)
7 H-13 portion as described Sparkill Creek From trib. 13 to source. 2 B B
8 H-13-1, 1a Tribs. of Sparkill Creek Enter Sparkill Creek at mouth and approximately 0.1 mile above mouth, respectively. Both tribs. have tidal effect. 2 B B
9 H-13-2 and trib. Trib. of Sparkill Creek Enters Sparkill Creek approximately 1.7 miles above mouth and east of hamlet of Sparkill. 2 B B(T)
10 H-13-2-1-P 24a Golf Club Pond Located at Rockland Country Club. Source of H-13-2-1. 2 B B(T)
11 H-13-3 Trib. of Sparkill Creek Enters Sparkill Creek approximately 2.5 miles above mouth. 2 B B
12 H-13-4 portion within New York State Trib. of Sparkill Creek Enters Sparkill Creek approximately 3.0 miles above mouth. 2 C C
13 H-13-5a Trib. of Sparkill Creek Enters Sparkill Creek approximately 0.1 mile above New York-New Jersey state line. 2 D D
13.1 H-13-5b Trib. of Sparkill Creek Enters Sparkill Creek approximately 0.7 mile above New York-New Jersey state line. 2 C C
14 H-13-6 portion as described Trib. of Sparkill Creek From mouth to P 26a. Enters Sparkill Creek approximately 1.35 miles above New York- New Jersey state line. 2 C C
15 H-13-6-P 26a St. Agnes Pond Located on trib. 6 of Sparkill Creek. 2 B B
16 H-13-6 portion as described Trib. of Sparkill Creek From P 26a to source. 2 B B
17 H-13-6a and tribs. Trib. of Sparkill Creek Enters Sparkill Creek approximately 1.6 miles above New York-New Jersey state line. 2 C C
18 H-13-7 and trib., 8, 9 Tribs. of Sparkill Creek Tribs. 7 and 8 enter Sparkill Creek approximately 1.9 and 2.1 miles above New York - New Jersey state line, respectively; trib. 9 enters Sparkill Creek 0.1 mile above P 26b. 2 B B
19 H-13-9a Trib. of Sparkill Creek Enters Sparkill Creek 0.3 mile above State Highway 303 west of fair grounds. 2 C C
19.1 H-13-9b Trib. of Sparkill Creek Enters Sparkill Creek from west 0.1 mile above trib. 9a. 2 C C
20 H-13-10 and trib. Trib. of Sparkill Creek Enters Sparkill Creek 0.5 mile above State Highway 303 west of fair grounds. 2 B B(T)
21 H-13-11 Trib. of Sparkill Creek Enters Sparkill Creek 0.85 mile above State Highway 303 west of fair grounds. 2 C C
22 H-13-12 Trib. of Sparkill Creek Enters Sparkill Creek 1.35 miles above State Highway 303 west of fair grounds. 2 C C(T)
23 H-13-13 and trib. Trib. of Sparkill Creek Enters Sparkill Creek 1.65 miles above State Highway 303 west of fair grounds. 2 B B

§856.5 Map 1

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT

§856.6 Map 2

TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT

§856.7 [Repealed]