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Part 845: Mill Creek Drainage Basin

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

Contents:

Sec.

§845.1 Adopting Orders.

(a) Pursuant to the authority contained in article 6 of the Public Health Law, the Water Pollution Control Board, having made proper studies and having held a public hearing on due notice with reference thereto, adopts and assigns the following classifications and standards of quality and purity to the various waters specifically designated and described below and subject to the definitions and conditions as stated herein.

(b) Pursuant to article 12 of the Public Health Law, the Water Resources Commission, after proper study and following a public hearing conducted by the former Water Pollution Control Board, held on due notice, adopts amendments to the classifications and standards of quality and purity assigned to fresh surface waters of the Mill Creek drainage basin to change item numbers 3, 5, 6, 8, 10, 11, 12, and 14 in table I, section 845.5, infra, as hereinafter defined. This adoption and assignment of standards of quality and purity to the designated waters, as amended, shall be effective May 1, 1963.

§845.2 Designated Waters.

The designated waters are located in the Mill Creek drainage basin within New York State, as outlined on Map A, and as contained within the topographical limit line shown on the topographical reference map in section 845.7, infra.

§845.3 Definitions.

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

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

(b) Waters Index Number as appearing in table I 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 adopted from that used by the New York State Conservation Department in its biological survey series of reports on the watersheds of the State. The primary waters of a drainage basin, such as rivers or large lakes are usually referred to by name or 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 or 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 Lake Ontario watershed in 1939 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 the older maps employed by the Conservation Department at the time of its 1939 survey, but not shown on newer maps reproduced herein. Conversely, a few streams and ponds 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 Lake Ontario drainage basin may be illustrated as follows:

The system as applied to the identification of waters in the Lake Ontario drainage basin
Waters Index Number Name Explanation
0 Lake Ontario Primary waters.
0-100 Mill Creek The 100th tributary entering Lake Ontario numbering clockwise from the mouth at Tibbetts Point.
0-100-4 Trib. of Mill Creek The 4th tributary entering Mill Creek upstream from the mouth.

(c) The abbreviations trib., tribs., subtrib. and subtribs. indicating tributary, tributaries, subtributary and subtributaries 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 water designated 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 designated 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 shall mean the name by which the specifically designated waters are generally known and which name 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 shall mean a brief indication as to the location of the specifically designated waters. Entries may include designations of 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 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.

Map Ref. No. Quadrangle Name Edition Published By
1 Ninemile Point, N.Y. 1934 U.S. Geological Survey
2 Webster, N.Y. 1934 U.S. Geological Survey

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

(h) Standards as appearing in table I, and denoted by the letter B or C opposite each specifically designated waters, shall mean the standards of quality and purity established for class B or C, as the case may be, as set forth in Part 701, supra.

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

(j) 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.

§845.4 Assigned Classifications and Standards of Quality and Purity.

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

§845.5 Table I.

Table I
Classifications and Standards of Quality and Purity Which Are Assigned to All Fresh Surface Waters Within Mill Creek Drainage Basin
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 0-100 portion as described Mill Creek From mouth to trib. 3. 1, 2 B B
2 0-100 portion as described Mill Creek From trib. 3 to source. 2 C C
3 0-100-1A and tribs. Trib. of Mill Creek Enters Mill Creek approximately 0.15 mile above mouth. 1, 2 B B
4 0-100-1 portion as described Trib. of Mill Creek From mouth to Ninemile Point Road crossing. 1, 2 B B
5 0-100-1 portion as described and tribs. Trib. of Mill Creek From Ninemile Point Road crossing to source. Trib. 1 enters approximately 0.1 mile south of Union cemetery. 2 C C
6 0-100-2 portion as described Trib. of Mill Creek From mouth to Holt Road Crossing. 2 B B
7 0-100-2 portion as described and tribs. Trib. of Mill Creek From Holt Road crossing to source. 2 C C
8 0-100-2A, 3 and tribs. Tribs. of Mill Creek Enters approximately 1.7 and 1.8 miles, respectively, above mouth. 2 C C
9 0-100-4 and trib. 1 Trib. of Mill Creek Enters approximately 0.1 mile south of Wall Road. 2 C C
10 0-100-5, 6 Tribs. of Mill Creek Enter approximately 0.3 and 0.2 mile, respectively, north of Webster Village limits. 2 C C

§845.6 Map A.

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

§845.7 Map 1 and 2.

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