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Part 835: Big Sister Creek Drainage Basin

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

Contents:

Sec.

§835.1 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.

§835.2 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 Big Sister Creek drainage basin may be illustrated as follows:

Waters Index Number Name Explanation
E Lake Erie Primary waters.
E-20 Big Sister Creek The 20th tributary of Lake Erie numbered consecutively clockwise from its outlet at the Niagara River.
E-20-2 Rythus Creek The 2nd tributary entering Big Sister Creek upstream from its mouth.
E-20-2-1, 2, 3, 4 Tribs. of Rythus Creek The 1st, 2nd, 3rd and 4th tributaries entering Rythus 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 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.

Map Ref. No. Quadrangle Name Published By Edition
1 Silver Creek, NY U.S. Geological Survey Dec. 1899, reprinted 1944
2 Eden, NY U.S. Geological Survey May 1907, reprinted 1944

(g) Class as appearing in table I, and denoted by the letters 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 letters 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. 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.

(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 Big Sister 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 the mouth of Big Sister Creek as shown on the reference maps, at its point of confluence with Lake Erie.

§835.3 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 Big Sister Creek drainage basin are as set forth in table 1.

§835.4 Table I

Table I
Classifications and Standards of Quality and Purity Which Are Assigned to All Fresh Waters Within the Big Sister Creek Drainage Basin
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 E-20 portion as described Big Sister Creek From mouth upstream approximately distance or one-half mile, to Old Lake Shore Road. 3 B T
2 E-20 portion as described Big Sister Creek From Old Lake Shore Road to boundary of Village of Angola at Delameter Road. 3 C C(CT)
2.1 E-20 portion as described Big Sister Creek From boundary of Village of Angola at Delameter Road upstream to trib. 13. 3 C C
3 E-20 portion as described Big Sister Creek From trib. 13 to trib. 15. 3 C C(CT)
4 E-20 portion as described Big Sister Creek From trib. 15 to trib. 21. 3 C C(CT)
5 E-20 portion as described Big Sister Creek From trib. 21 to source. 3 C C
6 E-20-1 tribs. Trib. of Big Sister Creek Enters approximately 0.75 mile south and 0.25 mile east of center of Village of Angola. 3 C C
7 E-20-2 Rythus Creek 3 C C
8 E-20-2-1, 2, 3, 4 and tribs. Tribs. of Rythus Creek Enter at points approximately 1.5 miles west, 1.25 miles west, 0.5 mile east and 1.5 miles east of Eden, respectively. 3 C C
9 E-20-3, 4, 5, 6, 7 and tribs. Tribs. of Big Sister Creek Enter at points approximately 1.0,1.5, 1.6, 1.8 and 2.2 miles above Pontiac, respectively. 3 C C
10 E-20-8 Franklin Gulf 3 C C
11 E-20-8-1, 2, 3, 4 and tribs. Tribs. of Franklin Gulf Enter approximately 2.0, 2.1, 2.6 and 3.1 miles above mouth of Franklin Gulf, respectively. 3 C C
12 E-20-9, 10, 11 Tribs. of Big Sister Creek Enter approximately 0.3, 0.4 and 0.7 mile above mouth of Franklin Gulf,respectively. 3 C C
13 E-20-12 Trib. of Big Sister Creek Enters approximately 0.8 mile above mouth of Franklin Gulf. 3 C C(CT)
14 E-20-13 portion as described Little Buffalo Creek From mouth to outlet of Village of North Collins sewage treatment plant. Enters Big Sister Creek at point approximately 2.3 miles above mouth of Franklin Gulf. 3 C C
15 E-20-13 and tribs. Little Buffalo Creek From outlet of Village of North Collins sewage treatment plant to source. 3 C C
16 E-20-14 and tribs. Trib. of Big Sister Creek Enters approximately 0.2 mile above mouth of Little Buffalo Creek. 3 C C
17 E-20-15 and tribs. Hussey Gulf 3 C C
18 E-20-16, 17, 18, 19, 20, 21 and tribs. Tribs. of Big Sister Creek Enter approximately 0.4, 0.5, 0.8, 1.0,1.3 and 2.3 miles above mouth of Hussey Gulf, respectively. 3 C C

§835.5 Map 1

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

§835.6 Map 2

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

§835.7 Map 3

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