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Part 839: Lake Erie (West End) Drainage Basin

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

Contents:

Sec.

§839.1 Adopting Order.

(a) 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 and Water Resources Commission, held on due notice, hereby adopts and assigns the following classifications and standards of quality and purity to all surface waters within the Lake Erie drainage basin and other drainage basins in Chautauqua County except Cattaraugus Creek and Silver Creek drainage basins. The said drainage basins include the following areas:

(1) That portion of Lake Erie within New York State and bounded on the west by an extension of the New York-Pennsylvania State Line, on the north by the international boundary, and on the east by a line perpendicular to the west bank of Eighteenmile Creek and extended to the international boundary.

(2) The drainage basins of streams tributary to the portion of Lake Erie described in (1) above, excluding the drainage basins of those streams covered in previous reports. The excluded drainage basins are as follows:

(i) Big Sister Creek drainage basin, (Part 835, supra).

(ii) Silver Creek drainage basin, (Part 836, supra).

(iii) Cattaraugus Creek drainage basin, (Part 838, supra).

(b) This adoption and assignment of standards of quality and purity to the above designated waters shall be effective August 9, 1965.

§839.2 Designated Waters.

The designated waters are located in the Lake Erie drainage basin and other drainage basins in Chautauqua County except Cattaraugus Creek and Silver Creek drainage basins within New York State as outlined on map 1, section 839.7 infra, and as contained within the topographical limit line shown on the reproduced topographical reference maps in section 839.9, infra.

§839.3 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 adapted from that used by the New York State Department of Environmental Conservation 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 Department of Environmental Conservation in its biological survey of the Lake Erie-Niagara River watershed in 1928 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 Department of Environmental Conservation at the time of its 1928 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 Lake Erie (west end) drainage basin may be illustrated as follows:

Waters Index Number Name Explanation
E Lake Erie Primary waters.
E-37 Canadaway Creek The 37th tributary of Lake Erie progressing clockwise around the lake from its outlet, the Niagara River.
E-37-7 Trib. of Canadaway Creek The 7th tributary of Canadaway Creek numbered consecutively upstream from its mouth.
E-37-7-P 160 Fredonia Reservoir The 160th pond, lake or reservoir encountered in the biological survey area of the Lake Erie-Niagara River watershed. It is located more specifically on the water shed of the 7th tributary upstream from the mouth of Canadaway Creek.

(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 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 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. The following maps were produced from original maps which may be procured through the Washington Distribution Section, Geological Survey.

A Table of Map References
Map Ref. No. Quadrangle Name Published By Edition
K-2se North of Dunkirk U.S. Geological Survey 1955
K-3sw Silver Creek U.S. Geological Survey 1943
L-1se Westfield U.S. Geological Survey 1954
L-1sw Ripley U.S. Geological Survey 1954
L-2ne Dunkirk U.S. Geological Survey 1954
L-2nw Brocton U.S. Geological Survey 1954
L-2se Cassadaga U.S. Geological Survey 1954
L-2sw Hartfield U.S. Geological Survey 1954
L-3nw Forestville U.S. Geological Survey 1954
L-3sw Hamlet U.S. Geological Survey 1954
M-1ne Sherman U.S. Geological Survey 1954
M-1nw South Ripley U.S. Geological Survey 1954
M-0 North East U.S. Geological Survey 1913

(g) Class as appearing in table I, and denoted by the letters A, A-special, B or C opposite each specifically designated waters, shall mean class A, A-special, B or C, as the case may be, as set forth in Parts 701 and 702, supra.

(h) Standards as appearing in table I, and denoted by the letters A, A-special, B or C opposite each specifically designated waters shall mean the standards of quality and purity established for class A, A-special, B or C, as the case may be, as set forth in Parts 701 and 702, 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", "Salvelinus" and "Thymallus".

§839.4 Special Conditions.

(a) 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.

(b) 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.

§839.5 Assigned Classifications and Standards of Quality and Purity.

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

§839.6 Table I.

Table I
Classifications and Standards of Quality and Purity Assigned to All Fresh Surface Waters Within the Lake Erie (West End) and Tributary Drainage Basins in Chautauqua County Except Cattaraugus Creek and Silver Creek Drainage Basins
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 E (Lake Erie) Dunkirk Harbor That portion of lake bounded on west and south by shoreline, on north by line extended from Point Gratiot to Battery Point and on east by line extending along Ocelot St. in City of Dunkirk to Point Gratiot-Battery Point line. L-2ne B B
2 E (Lake Erie) Barcelona Harbor That portion of lake bounded on west by shoreline, on north by west and east breakwaters and line drawn between their northern tips; on east by earthfill pier and line drawn from southern tip of east breakwater to said pier and on south by shoreline. L-1se B B
3 E (Lake Erie) Remaining portion of lake within area bounded as follows: beginning at west bank of Eighteenmile Creek; thence following line perpendicular to west bank of Eighteenmile Creek and extended to international boundary line; thence along the international boundary line to point where extension of New York-Pennsylvania state line intersects the international boundary line; thence along said extension to shoreline; thence along New York shores of lake to point of beginning. A-Special1
4 E-28 Trib. of Lake Erie K-3sw C C
5 E-29 Trib. of Lake Erie K-3sw C C
6 E-30 and tribs. Trib. of Lake Erie K-2se K-2sw L-3nw C C
7 E-31 and tribs. including P 157a Beaver Creek K-2se L-2ne L-3nw C C
8 E-32 and tribs. Scott Creek K-2se L-2ne L-3nw C C
9 E-33 Trib. of Lake Erie L-2ne C C
10 E-34 and trib. including P 157b Hyde Creek L-2ne C C
11 E-35 Trib. of Lake Erie L-2ne C C
13 E-36 including P 159, P 159a, P 159b, P 159c Crooked Brook L-2ne C C
14 P 159d Unnamed pond L-2ne C C
15 E-37 portion as described Canadaway Creek From mouth to trib. 3. L-2ne B B(TS)
16 E-37 portion as described Canadaway Creek From trib. 3 to Laona Falls L-2ne L-2-se L-3-sw B B(TS)
16.1 E-37 portion as described Canadaway Creek From Laona Falls to trib. 14. L-2se L-3sw B B
17 E-37 portion as described Canadaway Creek From trib. 14 to source. L-3sw C C
18 E-37-a, 3, 4, 4a, 4b, 5, 6, 6a and tribs. including P 159e, 159f Tribs. of Canadaway Creek L-2ne L-3nw B B
18.1 E-37-2 Beaver Creek L-2ne B B(T)
18.2 E-37-2-1 and trib., 2a Tribs. of Beaver Creek L-2ne B B
19 E-37-7 portion as described Trib. of Canadaway Creek From mouth to P 160. L-2ne B B
20 P 160 Fredonia Reservoir L-2ne A A
21 E-37-7 portion as described Trib. of Canadaway Creek From P 160 to source. L-2ne L-2se A A
22 E-37-7-3, 5, 8, 9 and tribs. including P 160a Trib. of Canadaway Creek L-2ne L-2se A A
23 P 160c, P 160d, P 160e, P 160g Unnamed ponds L-2ne C C
24 E-37-8a, 9, 10, 12, 13, 13a, 14, 15 and tribs., 17 Tribs. of Canadaway Creek L-2ne L-2se L-3nw L-3sw C C(T)
25 E-39 and P 160j Trib. of Lake Erie L-2nw B B
26 E-40 including trib. 2 Trib. of Lake Erie L-2ne L-2nw B B
27 E-40a Trib. of Lake Erie L-2nw C C
28 E-41 including trib. 1 Trib. of Lake Erie From mouth to NY Route 5 bridge. L-2nw C C
29 E-43 and tribs. Little Canadaway Creek L-2ne L-2nw C C
30 E-44 Trib. of Lake Erie L-2nw C C
31 E-45 Trib. of Lake Erie L-2nw C C
32 E-46 Trib. of Lake Erie L-2nw C C
33 E-47 Trib. of Lake Erie L-2nw C C
34 E-50 Slippery Rock Creek L-2nw L-2sw C C
35 E-50-1 Trib. of Slippery Rock Creek L-2nw C C
36 E-50-2 Trib. of Slippery Rock Creek L-2nw C C
37 E-50-4 Trib. of Slippery Rock Creek L-2nw L-2sw C C
38 E-50-5 portion as described Trib. of Slippery Rock Creek From mouth to outlet of P 160k (Brocton Reservoir). L-2nw L-2sw C C
39 E-50-5 portion as described including P 160k, P 162 Trib. of Slippery Rock Creek From outlet of P 160k (Brocton Reservoir) to source. L-2sw A A
40 E-50-5-1 Subtrib. of Slippery Rock Creek L-2nw L-2sw C C
41 E-50-5-2 including P 160l Subtrib. of Slippery Rock Creek L-2sw A A
42 E-50-5-2-1 Subtrib. of Slippery Rock Creek L-2sw C C
43 E-50-5-3 Subtrib. of Slippery Rock Creek L-2sw A A
44 P 160m, P 160n, P 160o Unnamed ponds L-2sw C C
45 E-51 and tribs. 4a, 4b, including P 162a Corell Creek L-2nw L-2sw C C
46 E-54 and tribs. 2a, 2b, 2c, 3 including P 162b Walker Creek L-2nw L-2sw C C
47 E-55 Trib. of Lake Erie L-1se L-2nw C C
48 E-55a Trib. of Lake Erie L-1se L-2nw L-2sw C C
49 E-56 Trib. of Lake Erie L-1se L-2sw C C
50 E-57 and tribs. Trib. of Lake Erie L-1se L-2sw C C
51 E-58 Trib. of Lake Erie L-1se L-2w C C
52 E-59 and trib. 2 Trib. of Lake Erie L-1se L-2sw C C
53 E-60 Trib. of Lake Erie L-1se C C
54 E-61 and tribs. Bournes Creek L-1se L-2w C C
55 E-62 Trib. of Lake Erie L-1se C C
56 E-63 and tribs. Spring Creek L-1se C C
57 P 162c Unnamed pond Location between Spring Creek and Doty Creek. L-1se C C
58 E-65 and tribs. Doty Creek L-1se C C
59 E-67a Trib. of Lake Erie L-1se C C
60 E-68 portion as described including trib. 2 Chautauqua Creek From mouth to 0.25 mile upstream of trib. 2. L-1se C C(T)
61 E-68 portion as described Chautauqua Creek From 0.25 mile upstream of trib.2 to Village of Westfield water supply pumping station. L-1se B B(T)
62 E-68 portion as described including P 166d, P 166g, P 166i, P 166j Chautauqua Creek From Village of Westfield water supply pumping station to source. L-1se M-1ne A A(T)
63 P 163a Unnamed pond L-1se C C
64 E-68-a portion as described Trib. of Chautauqua Creek From mouth to P 163b. L-1se A A
65 E-68-a portion as described including P 163b Trib. of Chautauqua Creek From P 163b to source. L-1se A A
66 E-68-1 and tribs. including P 164a, P 164b and P 164c Tribs. of Chautauqua Creek L-1se L-2sw C C(T)
67 E-68-2 portion as described Trib. of Chautauqua Creek From mouth to dam at P 165a. L-1se C C
68 E-68-2 portion as described including P 165a Trib. of Chautauqua Creek From dam at P 165a to source. Minton Reservoir (P 165a). L-1se A A
69 P 166 Unnamed pond L-1se C C
70 E-68-3a, 5, 6a including P 166a, 6b, 6c, and all tribs. Tribs. of Chautauqua Creek L-1se M-1ne A A
71 P 166b Unnamed pond L-1se C C
72 E-68-7 Trib. of Chautauqua Creek L-1se A A
73 E-68-7-1, 2 and tribs. Subtribs. of Chautauqua Creek L-1se A A
74 E-68-9a Trib. of Chautauqua Creek L-1se M-1ne A A
75 E-68-10 Trib. of Chautauqua Creek M-1ne A A
76 E-68-10a, 11, 12, 13, 14 Tribs. of Chautauqua Creek M-1ne A A
77 E-68-16 Trib. of Chautauqua Creek M-1ne M-1nw A A(T)
78 E-68-17 Trib. of Chautauqua Creek M-1ne A A
79 E-68-18 portion as described Trib. of Chautauqua Creek From mouth to trib. 4. M-1ne A A(T)
80 E-68-18 portion as described Trib. of Chautauqua Creek From trib. 4 to source. M-1ne M-1nw A A
81 E-68-18-3, 4 Subtribs. of Chautauqua Creek M-1ne M-1nw A A
82 P 166c Unnamed pond Isolated pond located just southeast of Nettle Hill Road between tribs. 18 and 19. M-1ne C C
83 E-68-19 Trib. of Chautauqua Creek M-1ne A A(T)
84 E-68-20 and trib. 1 Trib. of Chautauqua Creek M-1ne A A(T)
85 E-68-21 and trib. 1 Trib. of Chautauqua Creek M-1ne A A(T)
86 P 166e, P 166f Unnamed ponds M-1ne C C
87 E-69 Trib. of Lake Erie L-1se C C
88 E-70 Trib. of Lake Erie L-1se C C
89 E-71 including trib. 1 Vorce Creek L-1se C C
90 P 166k Unnamed pond L-1se C C
91 E-73 and tribs. Freelings Creek L-1se C C
92 E-73a including P 166l Trib. of Lake Erie L-1se L-1sw C C
93 E-74 Trib. of Lake Erie L-1se L-1sw C C
94 E-75 and tribs. Trib. of Lake Erie L-1se L-1sw C C
95 E-77 and trib. 2 Trib. of Lake Erie L-1sw C C
96 E-78 Trib. of Lake Erie L-1sw C C
97 E-79 and trib. 1 Trib. of Lake Erie L-1sw C C
98 E-80 Trib. of Lake Erie L-1sw C C
99 E-81 Trib. of Lake Erie L-1sw C C
100 E-83 Trib. of Lake Erie L-1sw C C
101 E-85 and tribs. Trib. of Lake Erie L-1sw C C
102 E-86 Trib. of Lake Erie L-1sw C C
103 E-87 Trib. of Lake Erie L-1sw C C
104 E-87a Trib. of Lake Erie L-1sw C C
105 E-88 Trib. of Lake Erie L-1sw C C
106 E-89 and trib. 2 Trib. of Lake Erie L-1sw C C
107 P 166m Unnamed pond L-1sw A A
108 E-90 Trib. of Lake Erie L-1sw M-1nw C C
109 P 167 Unnamed pond L-1sw C C
110 E-91 and trib. 1 Trib. of Lake Erie L-1sw M-1nw C C
111 E-92 and trib. 1 Trib. of Lake Erie L-1sw M-1nw C C
112 E-92a Trib. of Lake Erie L-1sw C C
113 E-93 portion as described Trib. of Lake Erie From mouth to Wilson's Motel water supply intake. L-1sw M-0 C C
114 E-93 portion as described and trib. 2 Trib. of Lake Erie From Wilson's Motel water supply intake to source. L-1sw M-1nw M-0 A A
115 E-93-1 Subtrib. of Lake Erie L-1sw C C
116 E-94 Trib. of Lake Erie M-0 C C
117 E-95 Trib. of Lake Erie From Pennsylvania state line to source. M-0 C C
118 E-96 Twentymile Creek Pennsylvania state line to source. M-0 M-1nw C C(T)
119 E-96-2 Trib. of Twentymile Creek M-1nw C C
120 E-96-3 portion as described Gage Gulf From mouth to Ripley Water District water supply intake. M-1nw C C
121 E-96-3 portion as described and tribs. 2, 4, 6, 6a including P 171 Gage Gulf From Ripley Water District water supply intake to source. M-1nw L-1sw L-1se A A
122 P 168, P 169, P 170 Unnamed ponds M-1nw C C
123 E-96-5, 6, 7, 11, 12, 15a, 16, 17, 18 and tribs., P 172, P 173, P 174, P 175 Tribs. of Twentymile Creek M-1nw C C
124 E-96-21 Trib. of Twentymile Creek M-1nw C C(T)
125 E-96-21-1 Subtrib. of Twentymile Creek M-1nw C C
126 E-96-21-1-2, 3a, P 177 Subtribs.of Twentymile Creek M-1nw C C
127 E-96-21-1a Subtrib. of Twentymile Creek M-1nw C C
128 E-96-21-2 Subtrib. of Twentymile Creek M-1nw C C
129 P 178 Unnamed pond M-1nw C C
130 E-96-23, 26a Tribs. of Twentymile Creek M-1nw C C
131 E-96-27 including P 176 Trib. of Twentymile Creek M-1nw C C
132 E-97 Trib. of Lake Erie From Pennsylvania state line to source. M-0 M-1nw C C
1 (international boundary waters)

§839.7 Map 1.

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

§839.8 Map 2.

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

§839.9 Quadrangle Maps.

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