N.Y. Comp. Codes R. & Regs. tit. 6 § 836.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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	Lake Erie	Primary waters.
E-25	Silver Creek	The 25th tributary of Lake Erie numbered consecutively clockwise 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, 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 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.	Name of quadrangle	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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 836.2