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Subpart 672-5: East Sidney Lake, Sleepy Hollow Lake, Cooper Lake and Sturgeon Pool

(Statutory authority: Environmental Conservation Law, §§ I-O101,3-0301,15-0805)

Historical Note

Subpart(§§672-5.1-672-5.6) filed May 2, 1980 eff. 30 days after filing.

Contents:

Sec.

§672-5.1 Applicability and construction.

This Subpart shall apply to releases of water from the East Sidney Lake to Ouleout Creek, Sleepy Hollow Lake to Murderers Creek, Cooper Lake to an unnamed tributary to Saw Kill, and Sturgeon Pool to the Wall kill River. Except as other wise specifically stated herein, this Subpart shall be construed in a manner consistent with Subpart 672-1 of this Part.

Historical Note

Sec. filled May 2, 1980 eff. 30 days after filing.

§672-5.2 Definitions.

In addition to the definitons set forth in section 672-1. 2 of this Part, the following words and terms shall have the meaning ascribed to them in this Subpart, unless the context requires otherwise:

(a) The term agency shall mean the United States Army Corps of Engineers, Baltimore District, with respect to East Sidney Lake; the Sleepy Hollow Holding Corporation with respect to Sleepy Hollow Lake; the Central Hudson Gas and Electric Corporation with respect to Sturgeon Pool; and the City of Kingston with respect to Cooper Lake.

(b) The term agency reservoir releases manager shall mean that person formally designated by the appropriate officials of each agency described in subdivision (a) of this section to fulfill the responsibilities of the agency reservoir releases manager set forth in this Part.

(c) Cooper Lake shall mean the reservoir known as Cooper Lake, located in the Town of Woodstock, Ulster County.

(d) East Sidney Lake shall mean the reservoir known as East Sidney Lake, located in the Towns of Sidney and Franklin, Delaware County.

(e) Murderers Creek shall mean that portion of a creek known as Murderers Creek which runs from Sleepy Hollow Lake to the Hudson River.

(f) Ouleout Creek shall mean that portion of a creek known as Ouleout Creek which runs from East Sidney Lake to the Susquehanna River.

(g) Ouleout creek gaging station shall mean the United States Geological Survey (USGS) stream gaging station No. 01500000, located on Ouleout Creek approximately 0. 4 mile down- stream from East Sidney Lake, as identified in Water Resources Data for New York, Water Year 1978, U. S. Geological Survey water data report NY-78-1 (see Subpart 672-6 of this Part).

(h) Sleepy Hollow Lake shall mean the reservoir known as Sleepy Hollow Lake, located in the Towns of Athens and Coxsackie, Greene County.

(i) Sturgeon Pool shall mean the reservoir known as Sturgeon Pool, located in the Towns of Rosendale arid Esopus, Ulster County.

(j) Wallkill River shall mean that portion of a river known as the Wallkill River which runs from Sturgeon Pool to Rondout Creek.

Historical Note

Sec. filed May 2, 1980; amd. filed Nov. 5, 1984 eff. Nov. 5, 1984. Amended(g).

§672-5.3 Operation of reservoirs.

(a) East Sidney Lake. The agency shall make water releases from East Sidney Lake as are necessary and sufficient to maintain a constant minimum flow of 10 cfs in Ouleout Creek at all times of the year, as measured at the Ouleout Creek gaging station. Provided, no release in excess of the total daily water inflow to East Sidney Lake shall be required when the water elevation in the reservoir is (1) equal to or below 1150 feet mean sea level between May 1st and September 30th, inclusive; and (2) equal to or below 1140 feet mean sea level between December 1st and April 30th, inclusive.

(b) Sleepy Hollow Lake.

(1) The agency shall make water releases from Sleepy Hollow Lake as are necessary and sufficient to maintain a constant minimum flow of 2 cfs from April 1st to July 15th, inclusive, and 0. 5 cfs from July 16th to March 31st, inclusive, in Murderers Creek, as measured at the outlet works of Sleepy Hollow Lake.

(2) The department reservoir releases manager, in cooperation with the agency reservoir releases manager, shall evaluate the effect of the regulations on Sleepy Hollow Lake and its shoreline and re~recommend any necessary changes in the regulations for releases during drought conditions.

(c) Cooper Lake and Sturgeon Pool. Owing to the lack of release works at Cooper Lake and Sturgeon Pool that are adequate and appropriate to fulfill the purposes of this Part, this Subpart does not establish any required releases from such reservoirs. Required releases from such reservoirs may be established at some future date, following completion of the department's studies pursuant to section 672-1. 4(b) of this Part. While such reservoirs are not subject to any release requirements at this time, they are subject to all other applicable provisions of this Part.

(d) The applicable agency is not required to provide any notice prior to commencement of any action that is consistent with the provisions of subdivisions (a) and (b) of this section.

(e) The applicable agency shall comply with a request by the department reservoir releases manager, regarding East Sidney Lake or Sleepy Hollow Lake, pursuant to subdivision (g) of section 672-1. 3 of this Part.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-5.4 Recreational activities.

The department reservoir releases manager may provide for releases from East Sidney Lake pursuant to this Part for one special recreational event in October as he finds appropriate in light of the purposes of this Partand consistent with section 672-1.3(g) of this Part.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-5.5 Monitoring.

The applicable agency reservoir releases manager shall be responsible for monitoring the water elevations in East Sidney Lake, and for notifying the department reservoir releases manager at least 24 hours prior to the time it is estimated that the water elevation in East Sidney Lake will reach 1,150 feet mean sea level between May 1st and September 30th, inclusive, and 1,140 feet mean sea level between December 1st and April 30th inclusive.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.

§672-5.6 Records.

(a) To the degree herein specified, this section supersedes section 672-1. 7 of this Part with respect to Sleepy Hollow Lake. The agency reservoir releases manager for Sleepy Hollow Lake shall maintain the following weekly records:

(1) gate settings at the reservoir release works; and

(2) lake stages.

(b) Except when the gate setting is changed during the week, the agency shall keep a record of the time, date and amount of the change of gate setting; and the lake stage at the time of the change of gate setting.

(c) Not later than 20 days following the end of any calendar month, the agency reservoir releases manager shall provide to the department reservoir releases manager a copy of such records for that calendar month.

Historical Note

Sec. filed May 2, 1980 eff. 30 days after filing.