N.Y. Comp. Codes R. & Regs. tit. 6 § 862.3

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

Section 862.3 - Definitions

The several terms, words, or phrases hereinafter mentioned shall be construed as follows:

(a)Item no.

In table I of this Part an item number is assigned to each specifically designated waters or portions thereof.

(b)Waters index number as appearing in table I of this Part 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 the watersheds of the State. The primary waters of a drainage basin, a stream or large lake, is referred to by name or abbreviation. Ponds and lakes are numbered consecutively as they are encountered, such number being preceded by the letter P. This system also involves the consecutive numbering of tributaries as they enter a stream, progressing upstream from the mouth. Tributaries of lakes or ponds are numbered consecutively as they enter, progressing clockwise around the lake or pond from its outlet or mouth. Isolated lakes and ponds are referenced by a waters index number 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 Conservation Department in its biological survey of the Hudson watershed in 1936 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 the older maps employed by the Conservation Department at the time of its 1936 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 Hudson River drainage basin may be illustrated as follows:

Waters index number	Name of waters	Explanation
H	Hudson River	Primary waters within New York State extending upstream from The Battery, New York City.
H-95	Fishkill Creek	The ninety-fifth tributary of the Hudson River in New York State above The Battery (Map O-24sw).
H-95-5	Clove Creek	The fifth tributary entering Fishkill Creek upstream from its mouth (Map O-24sw).
H-95-5-2-P 345k	Lake Valhalla	One of several ponds or lakes encountered between the 345th and 346th pond of the waters index system, and specifically located in the drainage basin of the 2nd tributary of Clove Creek upstream from its mouth (Map O-24sw).

(c) The abbreviations trib. and tribs. indicating tributary and tributaries, and the terms subtributary and subtributaries shall mean any stream, pond or other body of surface water which flows into any other stream, pond, or other body of surface water; where no tributary, tributaries, subtributary or subtributaries are mentioned, the specifically designated waters shall include only the stream, pond, or other body of water referenced by such waters index number; where a tributary, tributaries, subtributary or subtributaries are mentioned after the waters index number, the specifically designated waters shall include the stream, pond, or other body of water referenced by such waters index number and all tributaries and subtributaries thereof, which are shown on the reference maps, excluding numbered ponds, unless exceptions are expressly stated.

(d)Name as appearing in table I of this Part shall mean the name by which the specifically designated waters are known and which name may appear on the reference maps. In cases of specifically designated waters which have no name, the named waters to which the unnamed waters are tributary are identified as far as possible.

(e)Description as appearing in table I of this Part shall mean a brief indication as to the location of the specifically designated waters. Entries may include designations of segments or 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 of this Part, 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, Silver Spring, Maryland.

(1)

Map Ref. No.	Name of quadrangle	Edition	Published by
M-21ne	Fleischmanns	1945	Corps. of Engineers, U.S. Army
M-21se	Seager	1945	Corps. of Engineers, U.S. Army
M-22nw	West Kill	1945	Corps. of Engineers, U.S. Army
M-22ne	Lexington	1945	Corps. of Engineers, U.S. Army
M-22sw	Shandaken	1945	Corps. of Engineers, U.S. Army
M-22se	Phoenicia	1945	Corps. of Engineers, U.S. Army
M-23nw	Hunter	1945	Corps. of Engineers, U.S. Army
M-23sw	Bearsville	1945	Corps. of Engineers, U.S. Army
M-23se	Plattekill	1945	Corps. of Engineers, U.S. Army
M-24	Catskill	1941	U. S. Geological Survey
N-21	Neversink	1910	U. S. Geological Survey
N-22nw	Peekamoose Mtn.	1943	Corps. of Engineers, U.S. Army
N-22ne	West Shokan	1942	Corps. of Engineers, U.S. Army
N-22sw	Lackawack	1943	Corps. of Engineers, U.S. Army
N-23nw	Ashokan	1942	Corps. of Engineers, U.S. Army
N-23ne	Kingston West	1942	Corps. of Engineers, U.S. Army
N-23se	Rosendale	1942	Corps. of Engineers, U.S. Army
N-24	Rhinebeck	1939	U. S. Geological Survey
N-25sw	Millbrook	1947	U. S. Geological Survey
O-23ne	Clintondale	1943	Corps. of Engineers, U.S. Army
O-23sw	Walden	1957	U. S. Geological Survey
O-23se	Newburgh North	1946	Corps. of Engineers, U.S. Army
O-24	Poughkeepsie	1943	U. S. Geological Survey
O-24sw	Wappinger Falls	1946	Corps. of Engineers, U.S. Army
O-25nw	Verbank	1946	U. S. Geological Survey
O-25sw	Poughquag	1948	U. S. Geological Survey
P-22ne	Goshen	1942	Corps. of Engineers, U.S. Army
P-22se	Warwick	1957	U. S. Geological Survey
P-23	Schunemunk	1930	U. S. Geological Survey
P-23ne	Cornwall	1946	Corps. of Engineers, U.S. Army
P-23se	Popolopen Lake	1957	U. S. Geological Survey
P-24	West Point	1941	U. S. Geological Survey
P-24sw	Peekskill	1947	Corps. of Engineers, U.S. Army
P-24nw	West Point	1947	Corps. of Engineers, U.S. Army

(g)Class, as appearing in table I of this Part and denoted by the letters AA, A, B, C, or D opposite each specifically designated waters, shall mean class AA, A, B, C, or D, as the case may be, as set forth in Part 701, supra.

(h)Standards, as appearing in table I of this Part and denoted by the letters AA, A, B, C, or D opposite each specifically designated waters, shall mean the quality standards established for class AA, A, B, C, or D, as the case may be, as set forth in Part 701, supra. The symbol (T) appearing after any class 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 of this Part, 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 Hudson River 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 Hudson River.

(m) Notwithstanding the items indicated in table I of this Part and the aforementioned special conditions statements which, in some instances, may indicate assignment of classifications for waters contained within the boundaries of the State-owned forest preserve lands and, therefore, controlled under the provisions of the State Constitution and the Environmental Conservation Law, such waters are hereby excluded from classification to the extent that any part of such waters may be located within the boundaries of the State-owned forest preserve lands. All waters within 100 feet of the boundaries of the State-owned forest preserve lands are hereby assigned to class A with standard of quality and purity for class A.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 862.3