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Part 836: Silver Creek Drainage Basin

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

Contents:

Sec.

§836.1 Adopting Order

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, hereby adopts and assigns the following classifications and standards of quality and purity to the various waters as specifically designated and described below and subject to the definitions and conditions as stated.

§836.2 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 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 Silver Creek drainage basin may be illustrated as follows:

Waters Index Number Name Explanation
E Primary waters. Lake Erie
E-25 Silver Creek The 25th tributary of Lake Erie numbered consecutivelyclockwise from its outlet at the Niagara River.
E-25-1 Walnut Creek The 1st tributary entering Silver Creek upstream from its mouth.
E-25-1-5 Tupper Creek The 5th tributary entering Walnut Creek upstream from its mouth.

(c) The abbreviations trib., tribs., subtrib. and subtribs. indicating tributary, tributaries, subtributaryand 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 waters. 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.

Map Ref. No. Quadrangle Name Published By Edition
2 Silver Creek U.S. Geological Survey 1950
2 Cherry Creek Corps of Engineers, U.S. Army 1938

(g) Class as appearing in table I, and denoted by the letters AA, A, B or C opposite each specifically designated waters, shall mean class AA, A, 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 letters AA, A, B or C opposite each specifically designated waters shall mean the standards of quality and purity established for class AA, A, B or C, 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", "Salvelinus" and "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, 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 Silver Creek, E-24, E-26, E-26a and E-27 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 the mouths of Silver Creek, E-24, E-26, E-26a and E-27 at their entrance to Lake Erie.

§836.3 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 Silver Creek drainage basin including E24, E26, E26a, and E27, are as set forth in table 1.

§836.4 Table I

Table I
Classifications and Standards of Quality and Purity Which are Assigned to All Fresh Waters Within the Silver Creek Drainage Basin, Including Streams E-24, E-26, E-26a, and E-27, Chautauqua and Cattaraugus Counties, New York
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 E-24 portion as described Halfway Brook From mouth to point 500 feet above mouth. Enters Lake Erie in Sunset Bay. 2 B B(T)
2 E-24 portion as described and tribs. Halfway Brook From point 500 feet above mouth to source. 2 C C(TS)
3 E-25 portion as described Silver Creek From mouth to trib. 2. 2 C C(T)
4 E-25 portion as described Silver Creek From trib. 2 to outlet of Lower Silver Creek Reservoir. 2 C C(T)
5 E-25 portion as described Silver Creek Outlet of Lower Silver Creek Reservoir to source including water supply reservoirs. 2 A A
6 E-25-1 portion as described Walnut Creek From mouth to trib. 3. 2 C C
7 E-25-1 portion as described Walnut Creek From trib. 3 to source. 2 C C(T)
8 E-25-1-1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 15 Tribs. of Walnut Creek Enters Walnut Creek between 3.3 and 11.15 miles above mouth. 2 C C(T)
8.1 E-25-1-4-1, 2 Subtribs. of Walnut Creek 2 C C
8.2 E-25-1-8-1 and trib., 2 Subtribs. of Walnut Creek 2 C C
8.3 E-25-1-9-1 and tribs. Subtrib. of Walnut Creek 2 C C
8.4 E-25-1-11-1 Subtrib. of Walnut Creek 2 C C
8.5 E-25-1-13-1 and trib., 2 Subtribs. of Walnut Creek 2 C C
8.6 E-25-1-15-1 and tribs., 2, 3 Subtribs. of Walnut Creek 2 C C
9 E-25-1-5 and tribs. Tupper Creek Enters Walnut Creek 0.6 mile below Route 39 through Forestville. 2 C C
10 E-25-1-10 and tribs., trib. 1 portion as described Trib. of Walnut Creek Enters 2.0 miles above Route 39. Portion of trib. 1 from mouth to Rider Road. 2 C C
11 E-25-1-10-1 portion as described Subtrib. of Walnut Creek Portion of trib. 1 from Rider Road to source. 2 AA AA
12 E-25-1-14 portion as described and trib. Trib. of Walnut Creek From mouth to Putnam Road. Enters 3.2 miles above Route 39. 2 C C
13 E-25-1-14 portion as described Trib. of Walnut Creek From Putnam Road to source. 2 AA AA
14 E-25-1-16 and tribs., trib. 2 portion as described Trib. of Walnut Creek Enters 4.0 miles above Route 39. Portion of trib. 2 from mouth to water collecting basin. 2 C C
15 E-25-1-16-2 portion as described Subtrib. of Walnut Creek From water collecting basin to source. 2 AA AA
16 E-25-1-17 portion as described and trib. 1 Trib. of Walnut Creek From mouth to trib. 1. Enters 4.6 miles above Route 39. 2 C C
17 E-25-1-17 portion as described and tribs. Trib. of Walnut Creek From trib. 1 to source including tribs. 2 and 3. 2 AA AA
18 E-25-2, 2a, 3, 4, 5, 6 and tribs. Tribs. of Silver Creek Enter 3.2 and 6.9 miles above mouth. 2 C C
19 E-25-7, 8, 9 and tribs., including Upper Silver Creek Reservoir Tribs. of Silver Creek Enter Silver Creek 0.5, 1.7 and 5.0 miles, respectively, above outlet of Lower Silver Creek Reservoir. 2 A A
20 E-26 and tribs. Trib. of Lake Erie Enters Lake Erie approximately 0.7 mile west of Silver Creek. 2 C C
21 E-26a Trib. of Lake Erie Enters approximately 1.3 miles west of Silver Creek. 2 C C
22 E-27 and trib. 1 Trib. of Lake Erie Enters approximately 1.6 miles west of Silver Creek. 2 C C

§836.5 Map 1

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

§836.6 Map 2

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