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Part 810: Newtown Creek Drainage Basin

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

Contents:

Sec.

§810.1 Adopting Order

Pursuant to the authority contained in article 12 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.

§810.2 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 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 the 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 Chemung watershed in 1937 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 1937 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 Newtown Creek drainage basin may be illustrated as follows:

Waters Index Number Name of Waters Explanation
Pa 3 Chemung River Primary water. The 3rd interstate tributary of the Susquehanna River.
Pa 3-28 Newtown Creek The 28th tributary of the Chemung River numbered consecutively upstream from the point at which it crosses the New York - Pennsylvania state line.
Pa 3-28-6 Diven or Heller Creek The 6th tributary of Newtown Creek numbered consecutively upstream from its mouth.
Pa 3-28-6-P 14 The 14th pond, lake or reservoir encountered in the biological survey area of the Chemung River watershed, and specifically located on trib. 6 (Diven Creek) of Newtown 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.

Map Ref. No. Quadrangle Name Published By Edition
L-12 Watkins U.S. Geological Survey 1901
L-13 Ithaca U.S. Geological Survey 1895
M-12 Elmira U.S. Geological Survey 1953
M-13 Waverly U.S. Geological Survey 1902

(g) Class as appearing in table I, and denoted by the letters AA, B or C opposite each specifically designated waters, shall mean class AA, 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, B or C opposite each specifically designated waters shall mean the standards of quality and purity established for class AA, 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 Newtown 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 Newtown Creek.

§810.3 Assigned Classifications and Standards of Quality and Purity

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

§810.4 Table I

Table I
Classifications and Standards of Quality and Purity Which Are Assigned to All Fresh Surface Waters Within the Newton Creek Drainage Basin, Chemung and Schuyler Counties, New York
Item No. Waters Index Number Name Description Map Ref. No. Class Standards
1 Pa 3-28 portion as described Newtown Creek Enters Chemung River from north near easterly Elmira city line. From mouth to trib. 6 (Diven or Heller Creek) which enters from west 0.5 mile south of Elmira-Horseheads town line and within City of Elmira. M-12 C C
2 Pa 3-28 portion as described Newtown Creek From trib. 6 to trib. 11 (Beaver Brook). Trib. 11 enters from north 1.2 miles southeast of center of Village of Horseheads. M-12 C C(T)
3 Pa 3-28 portion as described Newtown Creek From trib. 11 to trib. 29. Trib 36 enters from northwest 2.4 miles north of Erin. M-12 M-13 C C
3.1 Pa 3-28 portion as described Newtown Creek From trib. 29 to P 15e (Park Station Lake). M-13 C C(TS)
4 Pa 3-28 portion as described Newtown Creek From trib. 15e (Park Station Lake) to source. M-13 C C(T)
5 Pa 3-28-1, 2 and trib., 3 and tribs. Tribs. of Newtown Creek Enter Newtown Creek from east, northeast and northeast in section from 0.1 to 1.2 miles upstream from mouth in easterly part of City of Elmira. M-12 C C
6 Pa 3-28-4 Trib. of Newtown Creek Enters Newtown Creek from west 1.5 miles southeast of Eldridge Lake in easterly part of City of Elmira. M-12 C C
7 Pa 3-28-4-P 12 Brick Pond Located at source of trib. 4 which is approximately 1.1 miles southeast of Eldridge Lake in easterly part of City of Elmira. M-12 C C
8 Pa 3-28-5 Trib. of Newtown Creek Enters Newtown Creek from west 0.8 mile east of Eldridge Lake in easterly part of City of Elmira. M-12 C C
9 Pa 3-28-6 Diven or Heller Creek Enters Newtown Creek from west 0.5 mile south of Elmira-Horseheads town line and in northeasterly part of City of Elmira. M-12 C C
10 Pa 3-28-6-1 Trib. of Diven or Heller Creek Enters from north 0.5 mile upstream from mouth in City of Elmira. M-12 C C
10.1 Pa 3-28-6-1-2, 4, 5, 6 Subtribs. of Diven or Heller Creek M-12 C C
10.2 Pa 3-28-6-1-3 Subtrib. of Diven or Heller Creek M-12 C C
10.3 Pa 3-28-6-1-3-P 13a Koppers Pond Located approximately 0.5 mile upstream from mouth. M-12 C C
10.4 Pa 3-28-6-1-3-1 Subtrib. of Diven or Heller Creek From mouth to culvert immediately south of Chemung Street approximately 0.3 mile upstream from mouth. M-12 C C
11 Pa 3-28-6-P 14 Eldridge Lake Located on Diven or Heller Creek 0.9 mile upstream from mouth in City of Elmira. M-12 C C
12 Pa 3-28-6-1a and tribs., including P 13 Tributary of Diven or Heller Creek Enters Eldridge Lake from north in City of Elmira. M-12 C C
13 Pa 3-28-6-2 Trib. of Diven or Heller Creek Enters Diven or Heller Creek 0.3 mile upstream from Eldridge Lake in City of Elmira. M-12 C C
14 Pa 3-28-6-P 15 Trib. of Diven or Heller Creek Pond located on Diven or Heller Creek 0.8 mile south of peak of Matthews just northwest of City of Elmira. M-12 C C
15 Pa 3-28-6-3 Trib. of Diven or Heller Creek Enters from north at P 15 just outside northwesterly corner of City of Elmira. M-12 C C
16 Pa 3-28-7, 8, 8a, 9 Tribs. of Newtown Creek Enter from north, northeast and east in section between 0.2 mile south and 0.8 mile north of Elmira-Horseheads town line. Mays Creek (trib. 8a enters via pipe from west). M-12 C C
17 Pa 3-28-10 and tribs. Latty Brook Enters Newtown Creek from east 1.2 miles north of Elmira-Horseheads town line. M-12 M-13 C C
18 Pa 3-28-11 portion as described Beaver Brook Enters Newtown Creek from north 0.6 mile upstream from Latty Brook and 1.2 miles southeast of center of Village of Horseheads. From mouth to 0.5 mile upstream from trib. 2a which enters from northeast 0.5 mile upstream from mouth and 0.8 mile southeast of center of Village of Horseheads. M-12 C C
19 Pa 3-28-11 portion as described Beaver Brook From 0.5 mile upstream from trib. 2a to source. M-12 C C(T)
20 Pa 3-28-11-1, 2 and trib. Tribs. of Beaver Brook Enter from east and northeast just upstream from mouth. M-12 C C
21 Pa 3-28-11-2a portion as described Trib. of Beaver Brook Enter from northeast 0.5 mile upstream from mouth and 0.8 mile southeast of center of Village of Horseheads. From mouth to 0.3 mile upstream from mouth. M-12 C C
22 Pa 3-28-11-2a portion as described Trib. of Beaver Brook From 0.3 mile upstream from mouth to source at P 15a. M-12 C C(T)
23 Pa 3-28-11-2a-P 15a Subtrib. of Beaver Brook Pond located at source of trib. 2a of Beaver Brook 0.7 mile east of center of Village of Horseheads. M-12 AA AA(T)
24 Pa 3-28-11-3 Trib. of Beaver Brook Enters from northwest 0.7 mile east of center of Village of Horseheads. M-12 C C
25 Pa 3-28-12 portion as described Trib. of Newtown Creek From mouth at Newtown Creek to trib. 1 (Old Horseheads Canal). M-12 C C
25.1 Pa 3-28-12 portion as described Trib. of Newtown Creek From trib. 1 (Old Horseheads Canal) to Penn-Central Railroad trestle (0.15 mile). M-12 C C(TS)
25.2 Pa 3-28-12 portion as described Trib. of Newtown Creek From Penn-Central Railroad trestle to source. M-12 C C
26 Pa 3-28-12-1 Horseheads Canal Enters trib. 12 of Newtown Creek from northwest 0.2 mile up-stream from mouth just north of center of Village of Horseheads. M-12 C C(T)
27 Pa 3-28-13 North Branch Newton Creek Enters Newtown Creek from northeast 2.0 miles northeast of center of Village of Horseheads. M-12 L-12 C C
28 Pa 3-28-13-1, 2, 3, 4, 5 Tribs. of North Branch Newtown Creek Enter from north, southeast and northwest in section from 0.5 mile to 1.8 miles upstream from mouth and 1.5 miles southwest to 0.3 mile south of Sullivanville. M-12 C C
29 Pa 3-28-13-6 and tribs. Bulkley Creek Enters North Branch Newtown Creek from northeast 0.3 mile southeast of Sullivanville. M-12 M-13 L-13 C C
30 Pa 3-28-13-7, 8, 9, 10, 11 and tribs., 12, 13 and tribs., 14, 15 and tribs., 16, 17 Tribs. of North Branch Newtown Creek M-12 L-12 L-13 C C
31 Pa 3-28-14, 15 and tribs., 16 and tribs., 17, 18 Tribs. of Newtown Creek Enter from north, northeast, north and south in section extending from 2.1 miles south of Sullivanville to 0.1 mile south of Breesport. M-12 M-13 C C
32 Pa 3-28-19 and tribs. Jackson Creek Enters Newtown Creek from north at Breesport. M-13 C C
33 Pa 3-28-20 and trib., 21 and trib., 22 and trib., 23 and tribs., 24, 25, 26, 27 and tribs., 28 and tribs., 29 and tribs., 30 and tribs., 31 and tribs., 32, 33, 34 and tribs., 35, 37 and trib., 38 and tribs., 39, 40, 41 Tribs. of Newtown Creek Enter Newtown Creek in section from 0.7 mile upstream from Jackson Creek to source. This section extends from 0.7 mile east of Breesport to 3.5 miles north of Erin. M-13 C C
33.1 Pa 3-28-P 15e Park Station Lake Located in the Town of Erin. The dam is approx. 2.5 miles due north of Erin. M-13 B B(T)

§810.5 [Repealed]

§810.6 Map 1

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

§810.7 Maps

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

§810.8 Assignment of Ground Water Classifications and Standards

The ground water classifications and standards adopted by the Water Resources Commission on March 9, 1967 and duly filed as Part 703 of Title 6 NYCRR entitled "Ground Water Classifications and Standards" with the Secretary of State on March 20, 1967 are assigned to the ground waters of Newtown Creek drainage basin in the Counties of Chemung and Schuyler.