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3.3 Water Resources 

3.3.1 Regional Setting 

3.3.1.1 Introduction 

This section characterizes water resources located in the Study Area. For the discussions 

on surface water herein, the Study Area is defined as the sub-watersheds of the Oneida 

Lake Watershed on which Nation lands are found. For the discussions on ground water 

herein, the Study Area is defined as the southern portion of the Oneida Lake Watershed 

that is located in Madison and Oneida Counties. For the discussions on wetlands herein, 

the Study Area is defined as the southwestern portion of Oneida County and the northern 

portion of Madison County. 

Important water resources issues include drinking water supply; the use of water for 

commercial, recreational, and domestic purposes; wastewater treatment and disposal; and 

existing water quality. This section describes the sub-watersheds in the Study Area, and 

water supply and usage to provide a context for the detailed discussions of the surface 

water and ground water issues in Section 3.3.2 Surface Water and Section 3.3.3 Ground 

Water, respectively. This section also describes the major water features located in the 

Study Area and regional factors that affect water resources and wetlands. Nation lands are 

also described in the context of the presence and use of water resources. 

3.3.1.2 Major Water Bodies 

The main water feature located in the Study Area is Oneida Lake. Oneida Lake is one of 

the largest water bodies in New York State, with a watershed area of 1,364 square miles. 

The Oswego River Drainage Basin is comprised of the Oneida Lake Watershed, which is 

situated in the eastern portion of the basin, and the watersheds of the Finger Lakes, which 

are located in the western portion of the basin. As a result, water exits the Oneida Lake 

Watershed at the western end of Oneida Lake via the Oneida River and is carried to Lake 

Ontario and then through the St. Lawrence River to the Atlantic Ocean (Central New 

York Regional Planning Development Board, 2003). Six parcels of Nation lands are 

located on the shore of Oneida Lake; five parcels are Group 2 lands that are part of the 

Marion Manor Marina and are used for boating and recreation while the other parcel is 

one of the Group 3 lands and is vacant. Figure 3.3-1 shows the major water bodies 

located in the Study Area and on Nation lands. 

The New York State Canal System cuts across the Study Area, flowing from east to west 

through the Oneida Lake Watershed (Central New York Regional Planning and 

Development Board, 2003). The modern day Erie Canal, which is part of the New York 

State Canal System, and sections of the historic Erie Canal that are not part of the present 

barge canal (Old Erie Canal) are important locally as recreational assets. No longer a 

significant commercial entity, the canals are now operated primarily for tourism and 

recreational purposes and thus, are important to the local economies of the municipalities 
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that they flow through. The canals are a significant water use in the Study Area. Five 

parcels of Nation lands are located on harbors off of the Erie Canal. Two of these parcels 

are Group 2 lands that are associated with either Marinar’s Landing Marina or Snug 

Harbour Marina. Two parcels of Group 2 lands are located along the Old Erie Canal. 

The Study Area contains four main tributaries to Oneida Lake. Listed from north to south 

these tributaries include Wood Creek, Oneida Creek, Cowaselon Creek, and Chittenango 

Creek. Numerous Nation lands are located along these tributaries or along other minor 

streams located in the Study Area; streams run through or are adjacent to approximately 

one third of these lands. 

3.3.1.3 Watersheds 

The Study Area is located within the Eastern, Southern Uplands, and Southern Shore 

Regions of the Oneida Lake Watershed in Madison and Oneida Counties. The subwatersheds of the Oneida Lake Watershed that are located within the Study Area include 

Chittenango Creek (Upper and Lower), Cowaselon Creek, Oneida Creek (Upper and 

Lower), and Wood Creek (North and South). These sub-watersheds have a total area of 

548 square miles and represent 40 percent of the Oneida Lake Watershed (United States 

Department of Agriculture, 2003). 

Figure 3.3-2 shows portions of the Oneida Lake Watershed and the sub-watersheds that 

are located in the Study Area. This figure also shows the location of Nation lands within 

the Study Area and delineates the sub-watersheds where these lands are located. As 

identified in this figure, the vast majority of Nation lands are located within the Oneida 

Creek (Upper and Lower), Cowaselon Creek, and Wood Creek (South) sub-watersheds. 

Table 3.3-1 provides the approximate number of individual parcels, acreage of Nation 

lands, and the percentage of each sub-watershed (by land area) that Nation lands 

comprise. The 17,370 acres of Nation lands comprise only about seven percent of the 

251,539 acres (or 393 square miles) of land located in the Oneida Creek, Cowaselon 

Creek, and Wood Creek sub-watersheds that are located in the Study Area (Central New 

York Regional Planning Development Board, 2003). Because the majority of Nation lands 

are located in these three sub-watersheds, the discussion in this section focuses on these 

areas and the discussion of the Chittenango Creek sub-watershed is limited. A small 

number of Nation lands are also located in the Lower Fish Creek sub-watershed, just east 

of Oneida Lake; only the portion of the Lower Fish Creek sub-watershed where Nation 

lands are located is discussed in this section. 

Table 3.3-1 

Distribution of Nation Lands by Sub-Watershed 

Sub-Watershed 

Land Area in 

Sub-Watershed1 

(acres) 

Number of 

Nation Parcels2

Area of Nation 

Lands located in 

Sub-Watershed

(acres) 

Percent of 

Sub-Watershed 
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Sub-Watershed 

Land Area in 

Sub-Watershed1 

(acres) 

Number of 

Nation Parcels2

Area of Nation 

Lands located in 

Sub-Watershed

(acres) 

Percent of 

Sub-Watershed 

Fish Creek 268,676 1 7 < .01 

Chittenango Creek 99,249 1 8 0.01 

Cowaselon Creek 69,940 36 1,789 3 

Oneida Creek 100,782 175 9,473 9 

Wood Creek 80,817 151 6,093 8 

Total 619,464 364 17,370 N/A 

Notes: 1 Sub-watershed land areas from Oneida Lake State of the Lake and Watershed Report (Central New York 

 Regional Planning Development Board, 2003). 2 Number of parcels that are completely or partially located within the sub-watershed. Total number is larger 

 than the total number of parcels due to some parcels located in more than one sub-watershed 

Sources: Central New York Regional Planning Development Board, 2003; CUGIR, 2005; Nation, 2005. 

Table 3.3-2 shows the distribution of Nation lands by sub-watershed. More than 80 

percent of Group 1 lands are located in the Woods Creek sub-watershed, with the 

remaining Group 1 lands located in the Oneida Creek sub-watershed. Both Group 2 and 

Group 3 lands are located mostly in the Oneida Creek sub-watershed. 

Table 3.3-2 

Distribution of Nation Lands by the Groupings in each Sub-Watershed 

Percent of Area Sub-Watershed Group 1 Group 2 Group 3 

Chittenango Creek 0 1 0 

Cowaselon Creek 0 15 10 

Oneida Creek 19 56 69 

Woods Creek 81 27 21 

Fish Creek 0 1 0 

Source: CUGIR, 2005 and the Nation, 2005 

3.3.1.4 Precipitation 

The Study Area is generally characterized by abundant natural water resources with 

precipitation averaging approximately 45.3 inches per year, which is the City of Utica’s 

long-term average (see Section 3.4.1.2 Climate). Precipitation in the Study Area is 

relatively evenly distributed through the seasons, however, as further discussed in Section 

3.5.1.4 Climate precipitation is not evenly distributed spatially with greater precipitation 

observed in the northern regions of the Oneida Lake Watershed. Approximately 56 

percent of the precipitation in the Oneida Lake Watershed reaches Oneida Lake as surface 

water inflow, while the remaining 44 percent is lost through evapotranspiration or 

becomes groundwater recharge (Central New York Regional Planning Development 

Board, 2003). 

Oneida Lake receives water from the sub-watersheds of ten creeks within five central New 

York counties. Annual discharge from Oneida Lake to the Oneida River is estimated at 

75.2 billion cubic feet per year (Central New York Regional Planning Development Board, 

2003). While the Oneida Creek, Cowaselon Creek, and Wood Creek sub-watersheds 

comprise 29 percent of the 872,722-acre Oneida Lake Watershed on a drainage area basis, 
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these sub-watersheds only account for 18 percent of the surface water inflow to Oneida 

Lake. The difference between land area relative to discharge results from the greater 

inflow to Oneida Lake from areas located to the north such as the Fish Creek subwatershed and North Shore sub-watershed that are located outside of the Study Area, 

which results from greater annual precipitation (winter snow, in particular) in those areas. 

In total, Nation lands represent two percent of the land area of the Oneida Lake 

Watershed. Based on the land area to stream discharge ratio, one percent of the lake’s 

inflow originates from precipitation falling upon Nation lands. 

3.3.1.5 Water Supply and Drinking Water Quality 

Both surface water and groundwater are utilized as potable water sources in the Study 

Area. Municipal water systems utilize surface water sources from outside the specific subwatersheds where the municipalities are located. For example, the Onondaga County 

Water Authority (OCWA) supplies customers in the Madison County Town of Lenox and 

Village of Canastota, as well as the Oneida County Town of Verona and Village of Sylvan 

Beach with water from Lake Ontario. The OCWA supplies approximately 10 million 

gallons per day (MGD) of potable water to its service area on average. The City of Oneida 

Public Water System supplies approximately three MGD of potable water through seven 

water districts from the 320 million gallon Glenmore Reservoir located on Florence Creek, 

a tributary to Fish Creek. 

Other public water suppliers in the Study Area include Cazenovia Village, Cobblefield 

Estates Water District, Mount Pleasant, New Woodstock Water District, O-WE-RA Point 

Water Supply, Sleepy Hollow Subdivision, and Stockbridge Water District. The majority 

of these public water suppliers primarily rely on groundwater except for the Stockbridge 

Water District that primarily relies on surface water. Groundwater makes up less than one 

MGD of demand from these public water suppliers on average (Central New York 

Regional Planning Development Board, 2003). 

In 1995, the Nation installed a seven million dollar potable water line from the City of 

Oneida to the Town of Verona and a water tower to provide the Turning Stone Resort & 

Casino and the residents of the Town of Verona including Vernon-Verona-Sherrill Senior 

High School with a reliable source of potable water. Both the water line and tower were 

gifted to the Town of Verona by the Nation. The Nation currently pays a majority of the 

operating costs for the Town of Verona’s potable water distribution system (Thomas B. 

Mason, personal communication, May, 23, 2006). 

Both surface water and groundwater are utilized as potable water supplies for residents of 

Nation lands. Figure 3.3-3 shows the location of the water districts for the City of Oneida 

Public Water System, OCWA, and Town of Verona/City of Oneida Public Water System. 

Approximately 177 parcels of Nation lands are located within or partly within one of 

these water districts, with the majority of the residents of these lands being served by the 

City of Oneida Public Water System. Areas not served by public water suppliers are served 
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by private wells. According to the information provided by the Nation in Appendix B, 

Group 1 lands contain 29 parcels listed as utilizing public water, 32 parcels listed as 

utilizing wells, three parcels listed as utilizing both public water and wells, and 35 parcels 

listed as either not utilizing public water or that no information regarding potable water 

was supplied. Group 2 lands contain 107 parcels listed as utilizing public water, 81 parcels 

listed as utilizing wells, and 46 parcels listed as either not utilizing public water or that no 

information regarding potable water was supplied. Group 3 lands contain 20 parcels 

listed as utilizing public water, 44 parcels listed as utilizing wells, and 40 parcels listed as 

either not utilizing public water or that no information regarding potable water was 

supplied. The largest water demand from the Nation is from Group 1 lands including the 

Turning Stone Resort & Casino. Nation water use records for the 2004-2005 fiscal year 

indicate that daily water use for the Turning Stone Resort & Casino averaged 0.26 MGD 

in 2005, and ranged from 0.1 MGD during February 2005 to 0.4 MGD during May 2005 

or one percent of the water used in Oneida and Madison Counties. Group 2 lands served 

by public water suppliers are used for commercial, residential, and agricultural purposes. 

Very few Group 3 lands are served by public water suppliers because most of these 

properties are undeveloped, vacant or used for agriculture. 

The New York State Department of Health (NYSDOH) in conjunction with the county 

health departments monitors the water quality of public water systems including 

municipal, business, and private systems that serve a minimum of five residences or 25 

individuals. New York State is responsible for enforcing the drinking water regulations 

promulgated by the U.S. Environmental Protection Agency (USEPA) under the federal Safe 

Drinking Water Act. The Source Water Assessment Program (SWAP), a federallymandated program under the Safe Drinking Water Act designed to protect surface and 

groundwater sources used for public drinking water, requires public water suppliers to 

report annually on the state of their water supply. In New York State, the SWAP is 

conducted by the NYSDOH and individual county health departments. The 2004 reports 

from the OCWA and the City of Oneida Public Water System regarding the state of the 

water that was supplied to Nation lands indicated that there were no violations of 

regulatory limits for specific contaminants for either source (surface or groundwater), 

although both were judged to be moderately susceptible to one or more types of 

contamination associated with surface water sources (i.e., protozoa and storm-generated 

turbidity). The USEPA conducts the SWAP for public water systems on Indian lands if the 

water is not provided by non-tribal municipal sources. 

3.3.1.6 Water Supply Diversions 

The amount of water available in the Study Area consists of the amount of rainfall that 

becomes surface water and the amount of water available from groundwater. However, 

water supply diversions into and out of the Study Area may affect the amount of water 

available in the watershed. Water diverted from other watersheds will increase the 
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available water in the Study Area and any water diverted away would decrease the amount 

of available water in this area. 

The New York State Canal Corporation uses water from the Hinckley Reservoir to 

maintain water levels in their canals. This activity diverts water from the Mohawk River 

watershed, which discharges to the Hudson River, into the Oneida Lake watershed, which 

eventually discharges to Lake Ontario; this use may be significant locally with respect to 

water supply allocations that could be used for other purposes in the area. Hinckley 

Reservoir also supplies 20 MGD to the Mohawk Valley Water Authority, which serves 

approximately 126,000 customers in Oneida and Herkimer Counties. In the past several 

years, projects that would augment local potable water supplies with water from the 

Hinckley Reservoir have been proposed. Those plans have been opposed by the New York 

State Canal Corporation, which claims that Hinckley Reservoir’s water supply may not be 

adequate to support both current uses and those additional withdrawals. During this same 

time period, the New York State Canal Corporation has abandoned the use of their Chub 

Lake and Twin Lakes Reservoirs in Herkimer County, which previously had been used as 

water supplies for the canals. 

Other diversions of potable water in the Study Area include the water supplied by the 

OCWA that is diverted from Lake Ontario and the water supplied by the City of Oneida 

that is diverted from the Fish Creek watershed. While these diversions are local, the water 

does eventually return to Lake Oneida and then eventually to Lake Ontario. However, 

because of these diversions the availability of water in the Study Area is dependent not 

only on rainfall in the Study Area, but also on the storage of Lake Ontario and additional 

sub-watersheds such as Fish Creek. 

3.3.1.7 Major Water Uses 

Based on U.S. Geological Survey (USGS) national water-use estimates, water use for 

Madison and Oneida Counties totals approximately 40 MGD. Public water supply is the 

main use, with 27 MGD utilized in Oneida County and two MGD utilized in Madison 

County. Other domestic water uses comprise a total of five MGD while industrial water 

use comprises six MGD (United States Geological Service, 2006). Water demand on 

Nation lands constitutes a small fraction of the overall water use in the Study Area. 

Water use on Nation lands includes supplying potable water for residential and 

commercial purposes for the following facilities: the Turning Stone Resort & Casino, 

campgrounds, marinas, gas stations, warehouses, government services, and other small 

commercial business. Although the City of Oneida Public Water System’s (COPWS) design 

capacity of four MGD is sufficient to meet the Nation’s needs, the current water use by 

this system, including the water used by the Nation, has averaged approximately three 

MGD in recent years; COPWS estimates a projected water demand of 4.2 MGD by the 

year 2020 (Arthur Smolinsky, personal communication, August 18, 2006). Water formerly 

used by Oneida Ltd. via the Sherrill-Kenwood Water District, which is one of the seven 
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water districts of the City of Oneida Public Water System, has not been fully utilized by 

this company since it severely curtailed its local enterprise in recent years. The coincidental 

replacement of Oneida Ltd.’s water demand by that of the Nation has resulted in the 

water system maintaining its rate of water delivery. 

The Nation has participated in and funded planning studies and negotiations to augment 

its potable water supply. The alternatives that have been considered include extending the 

OCWA’s water lines from Sylvan Beach, securing an alternative water supply from the 

Hinckley Reservoir (City of Utica’s water source), and developing groundwater sources. 

Each of these feasible alternatives as well as the determination of whether an allocation of 

existing City of Oneida water can be committed for use by the Nation, involve the 

consideration of issues that have not been resolved. The Nation is presently considering 

all of the alternative water supply scenarios. 

Surface water and groundwater use by the Nation’s agricultural operations are minimal. 

Rainfall during the growing season is typically sufficient for major crop production 

without irrigation. Minimal irrigation may be used for the Nation’s traditional crops 

(ceremonial white corn, beans, squash, and tobacco), which are grown on less than seven 

acres. Groundwater use for the Nation’s Angus beef and dairy operations, while not 

metered, draw no more than five thousand gallons per day, i.e., typically 10 gallons per 

head of cattle per day (Ministry of Agriculture and Lands, 2006) or less than four gallons 

per minute from the wells. 

3.3.1.8 Wetlands 

Wetlands are commonly found throughout Oneida and Madison Counties and provide 

many important functions in an ecosystem such as providing habitat for plants and 

animals, helping to control flooding near rivers and streams, and protecting water quality 

in surface and groundwaters. The wetlands located within the Study Area, defined as the 

southwestern portion of Oneida County and the northern portion of Madison County for 

the wetlands discussion below and in Section 3.3.4 Regulated Wetlands and Waters of the 

U.S., are predominantly located in the broad region of flat and low-lying plains that 

surround Oneida Lake in the Towns of Sullivan, Lenox, Verona, and Vernon. These 

plains are part of the Erie/Ontario Lake Plains physiographic region and are relicts of the 

lake bed of Lake Iroquois, a glacial lake that existed 12,000 years ago in the Study Area 

(Central New York Regional Planning Development Board, 2003). 

The Erie/Ontario Lake Plains physiographic region also contains nearly all of the muck 

soils located within the Study Area. Muck soils are hydric, meaning that they are 

sufficiently saturated or flooded with water during the growing season to develop 

anaerobic conditions in the upper soils, and are always associated with wetlands. 

Wetlands located within the Erie/Ontario Lake Plains may be found adjacent to the many 

lakes found in the low-lying plains or may be associated with the slow-moving and 

meandering streams that transverse the plains to drain into Oneida Lake. In contrast with 
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the Erie/Ontario Lake Plains physiographic region, wetlands are less common in the 

southern portion of the Study Area in the Towns of Stockbridge and Smithfield. This 

portion of the Study Area is part of the Southern New York Section of the Appalachian 

Highlands physiographic region and is higher in elevation than the Erie/Ontario Lake 

Plains physiographic region, feature rolling slopes and valleys, and are dominated by nonhydric silt loam soils. Wetlands in this region are likely to be found adjacent to small 

hillside streams or near the larger streams located in the valleys. 

3.3.2 Surface Water 

3.3.2.1 Introduction 

This section describes the surface water resources located in the Study Area; which is the 

sub-watersheds of the Oneida Lake Watershed on which Nation lands are primarily 

found. Surface water resources in the Study Area provide the majority of water supply to 

the area, as well as serving as an important recreational commodity. This section describes 

the water quality of the major water bodies located in the Study Area, discusses the 

wastewater treatment plants located in the Study Area, and identifies areas that are located 

in the 100-year floodplains of these water bodies. Surface water resources located on 

Nation lands and the use of those resources by the Nation are described in detail in this 

section. Efforts taken by the Nation to maintain surface water quality in the Study Area 

are also described. 

3.3.2.2 Water Quality 

Surface water quality goals are set by the federal Clean Water Act (CWA). These goals 

include maintaining waters safe for fishing and swimming, eliminating harmful discharges 

of pollution, and protecting wetlands in the U.S. Pursuant to the USEPA’s guidance under 

the CWA, New York State established designated uses and set surface water quality 

standards. The New York State Department of Environmental Conservation (NYSDEC) 

designated uses for fresh surface waters are identified by the following water quality 

classifications: Class AA, Class A, Class B, Class C, and Class D. Some of the uses of each 

of these surface water classifications are provided in Table 3.3-3. 

Table 3.3-3 

New York State Surface Water Classifications 

Class Best Usage 

AA Drinking water 

A Drinking water 

B Primary contact recreation (swimming, etc.) 

Secondary contact recreation (fishing, etc.) 

C Fishing 

D Fishing (does not support fish propagation) 

Source: New York State Department of Environmental Conservation, 1991 

All surface waters with the classifications identified in Table 3.3-3 except for Class D are 

managed to support fish propagation. Oneida Lake is designated by the NYSDEC as a 

Class B water body. All of the streams located in the Study Area are Class C water bodies, 
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with some trout streams present. Table 3.3-4 provides information on the principal 

surface water bodies located in the Study Area highlighting those water bodies adjacent to 

or flowing through Nation lands. Named tributaries to these water bodies are also listed in 

Table 3.3-4. 

All surface waters with the classifications identified in Table 3.3-3 except for Class D are 

managed to support fish propagation. Oneida Lake is designated by the NYSDEC as a 

Class B water body. All of the streams located in the Study Area are Class C water bodies, 

with some trout streams present. Table 3.3-4 provides information on the principal 

surface water bodies located in the Study Area highlighting those water bodies adjacent to 

or flowing through Nation lands. Named tributaries to these water bodies are also listed in 

Table 3.3-4. 

In the Oneida Lake Watershed, biological monitoring is currently conducted by the 

NYSDEC’s Rotating Intensive Basin Studies Program. The preliminary results of a stream 

sampling study conducted in the summer of 2001 under this program are identified in 

Table 3.3-4. This study identified that Oneida Creek and Chittenango Creek are slightly 

impacted, Sconondoa Creek and Wood Creek are moderately impacted, and the remaining 

water bodies identified in the table are not listed in this study because they were not 

sampled (Central New York Regional Planning Development Board, 2003). 

3.3.2.3 NYSDEC Priority Water Bodies List 

In association with the water quality classifications, the NYSDEC also developed a list of 

priority surface water bodies or surface water bodies that do not fully support their 

designated uses. Water resource issues affecting these surface water bodies were identified 

in the Priority Water Bodies List (PWL) developed by the NYSDEC Division of Water and 

was last updated in 2005 (NYSDEC, 2005). The PWL describes the severity of the water 

quality problem in the water body and indicates the level of documentation supporting 

that designation. Table 3.3-5 shows the relationship between the severity and level of 

documentation of the PWL and the reporting requirements of Section 305(b) of the CWA. 

The findings of the 2005 PWL as they relate to specific lake and stream sections located in 

the vicinity of Nation lands are identified below: 

• Oneida Lake - The primary pollutants in this lake were nutrients attributed to 

agricultural sources. Public bathing was suspected of being impaired, with 

aesthetics (color and odor) possibly stressed. 

• Sconondoa Creek - The primary pollutant indicator in Sconondoa Creek was 

oxygen demand. The previous PWL developed in 1996 identified pathogens, silt, 

and thermal changes as pollutants of concern (Central New York Regional 

Planning Development Board, 2003). Aquatic life in Sconondoa Creek was 

suspected of being stressed with the main source attributed to municipal 

wastewater treatment plants. Aesthetics were also identified as stressed. 
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Table 3.3-4 

NYSDEC Water Quality Classifications for Surface Water Bodies 

Located in the Study Area 

Surface Water 

Body NYSDEC Class1 Flow Range 

NYSDEC 

Preliminary 

Field 

Assessment 

(2002)1

Named Tributaries 

Draining Nation 

Lands 

Water Bodies Adjacent to or Flowing through Nation Lands 

Oneida Creek 

(note: NYSDEC 

considers Lower 

Oneida Creek to 

be a navigable 

waterway) 

Class C (lower 

Oneida Creek) 

Class C(T)2 (portions 

of the upper Creek) 

20 – 150 cfs3 Slightly 

Impacted 

Black Creek 

Bradley Brook 

Taylor Creek 

Mud Creek 

Blue Creek 

Sconondoa Creek 

(tributary to 

Oneida Creek) 

Class C(T) < 20 cfs Moderately 

Impacted 

Beaver Meadow Creek 

Cowaselon Creek Class C < 20 cfs Not listed Owlville Creek 

Canastota Creek 

Dutch Settlement 

Creek 

Clockville Creek 

Canaseraga Creek Class C < 20 cfs Not listed None 

Wood Creek 

(downstream of 

City of Rome) 

Class C, C(T) < 20 cfs Moderately 

Impacted 

Stony Creek 

Mud Creek 

Brandy Brook 

Stephens Creek Class C Not Available Not listed None 

New York State 

Barge Canal (Erie 

Canal) 

Class C Not Available Not listed None 

Old Erie Canal Class C Not Available Not listed Drum Creek 

Oneida Lake Class B Not Applicable Not listed All of the above 

Other Study Area Water Bodies 

Chittenango Creek Class C (lower 

Chittenango Creek 

and its tributaries) 

Class C(T) (portions 

of the upper 

Chittenango Creek 

and its tributaries) 

20-150 cfs for 

lower Creek (in 

Onondaga 

County) 

< 20 cfs (upper 

Chittenango 

Creek) 

Slightly 

Impacted 

None 

Cazenovia Lake Class A Not Applicable Not listed None 

Notes: 1Oneida Lake State of the Lake and Watershed Report (Central New York Regional Planning Development 

 Board, 2003). 

 2(T) designation identifies that the water body supports trout. 3cfs is cubic feet per second 

Source: Central New York Regional Planning Development Board, 2003. 

• Cowaselon Creek and Canaseraga Creek - The primary pollutant indicator 

identified was oxygen demand. In the 1996 PWL pathogens, pesticides, nutrients, 

and thermal changes were identified as pollutants of concern. Aquatic life in 

Cowaselon and Canaseraga Creeks was suspected of being stressed with the main 

source attributed to agricultural sources. A municipal wastewater treatment plant 

in the Village of Canastota may also contribute to water quality concerns (Central 

New York Regional Planning Development Board, 2003). 
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Table 3.3-5 

Relationship between PWL and CWA Section 305(B) Use Attainment Categories 

PWL CWA Section 305(B) 

Severity of 

Problem 

Level of 

Documentation Water Use Attainment Categories 

Precluded Known 

Impaired Known, Suspected 

Impaired/Threatened for Water Quality Standards1

Known, Suspected Attaining All/Some Water Quality Standards2 Stressed 

Possible Insufficient Data to Determine Standards Attainment 

Known Impaired/Threatened for Water Quality Standards1

Suspected Insufficient Data to Determine Standards Attainment 

Threatened 

Possible Attaining All/Some Water Quality Standards2

No Known Impact/Impairment Attaining All/Some Water Quality Standards2

Unassessed Waters Insufficient Data to Determine Standards Attainment 

Notes: 1Determination as to whether a total maximum daily load is required will be made on a case by case basis. 

 2

Determination as to whether all or some standards are attained will be made on a case by case basis.

Source: New York State Department of Environmental Conservation, 2003 

• Chittenango Creek (Lower) - The primary pollutant was identified as nutrients 

attributed to agricultural sources. Aquatic life was suspected of being impaired. 

3.3.2.4 Nutrient and Sediment Losses 

A study of nutrient and sediment losses from the south shore Oneida Lake tributaries 

provided analyses of common organic and inorganic parameters during base flow and 

event flow periods in both the Oneida Creek and Cowaselon Creek sub-watersheds 

(Makarewicz and Lewis, 2000). Relevant conclusions of this study, which are presented in 

Appendix F of the Oneida Lake State of the Lake and Watershed Report, are identified 

below (Central New York Regional Planning Development Board, 2003): 

• Both phosphorus and Total Kjeldahl Nitrogen loadings in Oneida and Cowaselon 

Creeks were highly correlated with Total Suspended Solids (TSS) loadings, 

suggesting that these nutrients were present in their particulate forms such as 

animal manure or stream bank erosion. 

• Stream bank erosion was concluded to be the major source of TSS loadings during 

storm events in both Oneida and Cowaselon Creeks. 

• A high loading of chlorides at one Cowaselon Creek sampling station was 

determined to likely be associated with deicing road salt used in the Village of 

Canastota. 

The information above indicates that the primary source of impacts within the Oneida 

Creek and Cowaselon Creek sub-watersheds is agriculture and the primary pollutants are 

silt (sediment) and constituents of road runoff (i.e., metals, petroleum aromatic 

hydrocarbons compounds, and petroleum hydrocarbons). 

3.3.2.5 Wastewater 

In many ways, wastewater is an important part of water resources in the Study Area. Since 

water supply can come from other sub-watersheds, when wastewater is discharged it 
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represents a reallocation of water from the other sub-watersheds of Oneida Lake or from 

the Lake Ontario Watershed into the Study Area. Wastewater may also be a source of 

pollutants; therefore, the capacity of wastewater treatment plants located in the Study 

Area and their ability to handle the wastewater flow and pollutant load generated is 

important to maintain water quality standards (public health and aquatic toxicity) in the 

receiving streams. 

The City of Oneida Sewage Treatment Plant and the Village of Canastota Water Pollution 

Control Plant serve several areas in Madison and Oneida Counties where Nation lands are 

located. In Oneida County, Sylvan Beach’s East Oneida Lake Water Pollution Control 

Plant and the City of Sherrill and Village of Vernon Sewage Treatment Plants also serve 

some Nation lands. Outside of the areas serviced by the wastewater treatment plants, 

municipalities and residences utilize on-site (i.e., septic) systems for wastewater disposal. 

Table 3.3-6 summarizes the capacity and compliance history of the wastewater treatment 

plants that receive flow from Nation lands. 

Overall, less than one third of Nation lands discharge wastewater to treatment plants. 

Wastewater generated from some Group 1 lands is conveyed to the City of Oneida Sewage 

Treatment Plant where it is screened, de-gritted, settled, and biologically-treated via 

enhanced activated sludge technology. The secondary effluent is then chlorinated and 

dechlorinated prior to discharge. Solids are further processed via anaerobic digestion to 

remove pathogens and generate useable bio-gas, after which they are dewatered and 

composted. 

Table 3.3-6 

Capacity Compliance History of Wastewater Treatment Plants 

Serving Nation Lands 

Wastewater Treatment 

Plant 

Capacity 

(MGD) Receiving Water Body Recent History of Capacity 

Compliance 

Sherrill 0.95 Oneida Creek 

Exceeded capacity five times 

since October 2003 (maximum 

of 1.14 MGD) 

Vernon 0.5 Sconondoa Creek No listed capacity data 

East Oneida Lake 

(Sylvan Beach) 2.0 Fish Creek No exceedances in 2005 or 

2006 

Canastota 1.73 Cowaselon Creek 

Exceeded capacity five times 

since October 2003 (maximum 

of 1.99 MGD) 

Oneida 3.0 Oneida Creek 

Exceeded capacity 22 times 

since June 2003 (maximum of 

3.75 MGD) 

Sources: United States Environmental Protection Agency website; Personal communication, Daniel Ramer August 17, 

2006. 

Organic loading, i.e. the excessive input of nutrients into a water body often associated 

with wastewater inflows, can result in the accelerated growth (bloom) of nuisance algal 

species; such blooms can have negative impacts both in terms of aesthetics (affecting the 
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appearance of a water body, as well as the odor and taste of its water) and ecology: as the 

algal species die and sink to the bottom, bacterial degradation of the dead vegetation can 

result in the decline of dissolved oxygen levels to the point where the water body can no 

longer support aquatic life (U.S. Geological Survey, 1996). Occasionally, the excessive 

growth of certain blue-green algal species can result in elevated concentrations of 

substances that can be toxic to aquatic life (Central New York Regional Planning and 

Development Board, 2003). 

In order to reduce organic loading in local water bodies, the Nation has taken steps to 

reclaim and reuse wastewater. To accommodate wastewater from the Nation’s gaming 

and resort facilities and to provide enhanced wastewater treatment at the City of Oneida 

Sewage Treatment Plant, the Nation provided funding for plant enhancements and has 

also constructed a filtration/pumping system for 1.75 MGD (58 percent of the plant’s 

design flow) of the plant’s treated effluent. A series of agreements between the City of 

Oneida Sewage Treatment Plant, the Town of Verona, and the Nation provide the basis 

and payment structure for the plant to accept and treat the Nation’s wastewater. Copies of 

the Wastewater Service Agreements entered into between the Town of Verona and the 

Nation, and between the City of Oneida and the Town of Verona that document needed 

infrastructure improvements and funding provided by the Nation are found in Appendix 

B. This appendix also provides the 1995 agreement between the Nation and the Town of 

Verona by which the Route 365 Water and Sewer District was formed and the 1998 

Reclaimed Water Agreement between the City of Oneida and the Nation by which 

reclaimed wastewater from the City of Oneida Sewage Treatment Plant is utilized by the 

Nation for irrigation at the Sandstone Hollow Golf Course. This extensive use of the City 

of Oneida’s effluent has diverted much of the wastewater and associated organic loading 

that would have been discharged into Oneida Creek, thereby decreasing organic loading 

and improving the quality of water flowing into Oneida Lake. 

The majority of Group 2 lands that discharge to wastewater treatment plants support 

commercial and residential land use including the Nation’s marinas located in the Village 

of Sylvan Beach. These public recreational facilities are operated on a seasonal basis. Very 

few Group 3 lands discharge to wastewater treatment plants. Properties that do not 

discharge to wastewater treatment plants use on-site treatment systems (septic systems) if 

wastewater treatment is necessary. 

The Property Utility Table provided by the Nation in Appendix B identifies the Group 1, 

2, and 3 lands that are connected to sewer lines for discharge to wastewater treatment 

plants, the lands that use on-site septic systems for wastewater disposal, and the lands that 

either are not connected to sewers or that no information was supplied regarding 

wastewater disposal. For Group 1 lands, 12 parcels are listed as connected to sewers, 39 

parcels are listed as utilizing septic systems, and 47 parcels are listed as either not 

connected to sewers or that no information was supplied regarding wastewater disposal. 
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For Group 2 lands, 86 parcels are listed as connected to sewers, 114 parcels are listed as 

utilizing septic systems, and 53 parcels are listed as either not connected to sewers or that 

no information was supplied regarding wastewater disposal. For Group 3 lands, nine 

parcels are listed as connected to sewers, 61 parcels are listed as utilizing septic systems, 

and 34 parcels are listed as either not connected to sewers or that no information was 

supplied regarding wastewater disposal. 

3.3.2.6 Floodplains 

Figure 3.3-4 illustrates the location of the 100-year and 500-year floodplains of the water 

bodies located in the Study Area, which is based on Geographical Information System 

(GIS) datasets (Federal Emergency Management Agency, 1996). The most significant 

floodplains in the Study Area are located in the low-lying area in the northern part of the 

Town of Sullivan, the western part of the Town of Lenox, and the area around Fish Creek 

north of the Erie Canal. Other regions in the Study Area that have significant floodplains 

are located along the main branch of Oneida Creek from the City of Oneida upstream to 

the Town of Stockbridge (Upper Oneida Creek), Cowaselon Creek south of I-90, 

Chittenango Creek along the Chittenango Gorge north and south of Chittenango Village, 

Stony Creek in the Town of Verona, and Taylor Creek in the City of Sherrill. 

Approximately seven percent (29,816 acres) of Madison County’s 419,840 acres and ten 

percent (75,862 acres) of Oneida County’s 776,320 acres are located in the 100-year 

floodplains of the water bodies located in the Study Area. 

GIS data identifies that 53 Nation parcels have portions of their property located within 

the 100-year floodplains of water bodies located in the Study Area and that a total of 

1,007 acres of Nation lands are located within these floodplains. This represents 

approximately six percent of the Nation’s land area and is comparable to the percentage 

of land area in Madison and Oneida Counties (seven percent and 10 percent, respectively) 

that is located within 100-year floodplains. 

Nation lands with significant area located within the 100-year floodplains of local water 

bodies are found in the following general areas: 

• Town of Lennox located along Canastota Creek; 

• Town of Stockbridge located along Upper Oneida Creek; 

• Town of Lennox located along Cowaselon Creek; and 

• Town of Verona located along Stony Creek. 

Group 1 lands are not located within the 100-year floodplains of local water bodies. 

Approximately 42 percent of Nation lands located within the 100-year floodplains of local 

water bodies are Group 2 lands, while the remaining 58 percent are Group 3 lands. 

A discussion of issues of concern in the Oneida Lake State of the Lake and Watershed 

Report identifies flooding within the lake plain and water courses of the region as a 
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concern (Central New York Regional Planning Development Board, 2003). Within the 

area of Nation lands, Lower Oneida Creek is identified as an area of special concern with 

regard to flooding. All townships located in Madison and Oneida Counties have flood 

prevention statutes. Construction within the 100-year floodplains of local water bodies is 

generally restricted and insurance for structures in flood risk areas is available only 

through the federal Flood Hazard Insurance Program. 

3.3.2.7 Drainage and Storm Water Management 

The pattern of water drainage in the Study Area is dominated by the land elevations and 

natural streams in the area. Installed storm water drains and ditches also influence 

drainage patterns. Storm water management information was not collected for the entire 

Study Area; available information on storm water and drainage focuses only on Nation 

lands. 

Group 1 lands are utilized for gaming venues, event facilities, hotels, restaurants, golf 

courses, parking areas, as well as several commercial and historical parcels. These lands 

are also utilized for residential, agricultural, and vacant or buffer areas in the vicinity of 

the Turning Stone Resort & Casino. Group 1 lands are located primarily within the Wood 

Creek sub-watershed and are drained by Stony Creek and Mud Creek northward to Wood 

Creek. The creeks that drain Group 1 lands generally flow to the north and west. 

The Nation has made significant efforts to manage storm water issues associated with its 

resort and gaming properties. The Nation’s gaming and resort properties contain 

structural development and paving for which engineered drainage has been installed and 

maintained that might have altered surface water flow regimes with respect to predevelopment conditions. Facility infrastructures designed and constructed to mitigate 

potential impacts are: catch basins, retention ponds, buffer zones, and constructed 

wetlands. The following Storm Water Control Measures were utilized during construction 

of the Turning Stone Resort & Casino: silt fences, straw bales, mulch, buffer zones, and 

vegetated swales. 

The golf courses located on Group 1 lands were built using the Storm Water Control 

Measures identified above. Several additional Storm Water Control Measures were utilized 

so that the approximately 1,300 acres of golf courses and associated properties would 

exert minimal impacts on the Study Area’s water resources. These additional Storm Water 

Control Measures include the following: 

• Using reclaimed wastewater for irrigation - Irrigation water utilized for the golf 

courses is reclaimed wastewater from the City of Oneida Sewage Treatment Plant. 

Use of this water for irrigation reduces both nutrient loadings to Oneida Creek and 

fertilizer use on the golf courses, an environmental benefit to both the golf courses 

and Oneida Creek. Furthermore, the Nation’s irrigation system uses state of the 

art, low-flow technology that optimizes the efficiency of water use. Use of 

reclaimed wastewater for irrigation also precludes pumping of groundwater and 
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reduces pumping of limited surface water available at the golf courses, which offer 

a measure of protection to groundwater users in the area by reducing water table 

drawdown during peak summer irrigation periods. Use of reclaimed wastewater is 

just one example of the Nation’s stewardship of their lands and the surrounding 

environment. 

• Balancing engineered drainage with mitigation banking - When engineered 

drainage was needed on the golf courses to avoid ponding and wet conditions, 

mitigation areas including retention ponds, buffer areas, native vegetation, and 

wetlands were constructed resulting in drainage characteristics similar to mixed 

unimproved property, but incorporating features to reduce sediment loads to 

downstream areas during precipitation events. 

• Periodic monitoring and review - For some of the Nation’s golf courses the 

performance of storm water mitigation measures is monitored, reviewed annually, 

and certified under the Audubon International Signature Program. Obtainment of 

Audubon International Signature Golf Course status signifies that a golf course 

incorporates the design and maintenance features that reduce pesticide and water 

use, and creates vital habitats for plants, wildlife, and people. Audubon 

International Signature Golf Course status has not been achieved by any other golf 

course in New York State and again signifies the Nation’s attitude toward 

protecting the environment for future generations. 

• Wetlands mitigation banking - In addition to the on-site (casino resort facilities) 

mitigation efforts, a 75-acre off-site wetland mitigation bank has been established 

on Nation lands located within the Oneida Creek sub-watershed. Wetland and 

associated surface water impacts that could not be fully mitigated on-site have 

been accounted for on a two-for-one basis by the mitigation bank. In short, the 

Nation places a priority on construction and development practices that minimize 

impacts to water resources with the stated goal of meeting or exceeding federal 

environmental standards. The Nation’s wetlands mitigation banking site is located 

on Group 2 lands (Parcel 37). 

3.3.2.8 Water Quality Management 

Agriculture practices have been identified as the major source of impacts to surface water 

resources in the Oneida Creek, Cowaselon Creek, and Wood Creek sub-watersheds with 

sediment being the principal contaminant in Oneida and Wood Creeks and high oxygen 

demand, which is usually an indicator of nutrient enriched conditions within bottom 

sediments, as the pollutant indicator in Cowaselon Creek. An ongoing Watershed 

Agricultural Project is being conducted as a five-county Soil and Water Conservation 

District cooperative venture aimed at reducing non-point source pollution to Oneida Lake 

and its tributaries from agricultural land. 

Four major sources of agricultural impacts to surface water are water use, tillage practices, 

manure management, and herbicide/pesticide use. The Nation currently undertakes the 

following water quality management practices on its agricultural lands: 

• Tillage – The Nation’s tillage practices include strip farming (division of large 

fields into multiple smaller units with units of tilled land alternating with pasture 
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or hay fields), crop rotation, and cover crops. These practices reduce areas where 

exposed soils are susceptible to erosion and reduce the time that the soils are 

exposed. In addition, buffer zones are provided adjacent to drainage ways and 

cover crops are established prior to leaving land fallow. Steep, highly erodible 

lands are removed from tillage and allowed to revert to permanent cover. 

• Manure management – The Nation uses extensive pasturing during the growing 

season, at which time the manure is naturally distributed over the pasture areas 

where it breaks down rapidly to provide nutrients to these areas. During the cold 

months when animal confinement is necessary, manure is stockpiled for land 

application and incorporation when the land is tilled. Since one of the goals of 

sustainable farming methods is to limit the use of synthetic fertilizers, management 

of animal manure is a crucial element in maintaining soil fertility and providing 

nutrients for crops. 

• Herbicide/pesticide use - Sustainable farming practice relies on maintaining high 

levels of fertility and pest resistance through the maintenance of the soil’s natural 

biological systems. One of the goals of organic farming methods as well as the less 

restrictive method of Integrated Pest Management is to avoid the use of synthetic 

pesticides and herbicides. Basic organic methods of weed and insect control are 

implemented that include mechanical cultivation, biological controls (i.e., 

beneficial insects or birds), use of resistant varieties, cover crops, crop rotations, 

mating disruption, traps, and barriers. If infestations do occur, botanical and nonsynthetic compounds may be selectively applied. Integrated Pest Management 

requires the limited use of synthetic compounds when a drastic infestation appears 

inevitable. 

The Nation also applies Integrated Pest Management to its golf courses. The types, 

amounts, and the timing of applications of fertilizer and pesticide on the golf courses are 

strictly limited to maximize benefits and minimize environmental impacts. 

3.3.3 Groundwater 

3.3.3.1 Introduction 

This section describes the groundwater resources in the Study Area; which is defined as the 

southern portion of the Oneida Lake watershed that is located in Madison and Oneida 

Counties. Though surface water is the primary water supply source in the Study Area, 

groundwater provides additional water supply through private wells and is also a source 

of water for Oneida Lake. This section describes the available groundwater resources in 

the Study Area, current groundwater use, and groundwater inflow to Oneida Lake. 

3.3.3.2 Groundwater Inflow to Oneida Lake 

Research conducted at the Cornell Biological Field Station at Shackelton Point examined 

groundwater seepage into Oneida Lake and concluded that groundwater seeped into the 

lake at a rate of several gallons per day per square yard of shoreline surface. This rate was 

suspected to represent only part of the groundwater recharge to Oneida Lake because 

higher flow rates were also documented within the lake at sites approximately 300 feet 
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from the shoreline. While seepage rates were higher along the northern and eastern 

shorelines of Oneida Lake, groundwater recharge to the lake was also noted along several 

miles of shoreline adjacent to where Oneida Creek enters it (Central New York Regional 

Planning Development Board, 2003). 

Nation lands are located largely east and southeast of Oneida Lake. Some of the 

groundwater underlying Nation lands may enter the surface water system upstream of the 

lake while some of the groundwater may contribute to Oneida Lake directly as 

groundwater. 

3.3.3.3 Groundwater Resources 

Sources of groundwater in the Study Area are from both surficial (overburden) and 

bedrock. The majority of water supply wells in the Study Area rely on overburden 

groundwater, which is generally of adequate quality and quantity (United States 

Department of Agriculture, 1981). Bedrock groundwater is more likely to contain a high 

mineral content, have taste or odor issues, and is less frequently utilized for water supply 

purposes. The location of aquifers in the Study Area are shown in Figure 3.3-5. 

Both overburden and bedrock groundwater sources are subject to local variability. 

Overburden groundwater is generally more sensitive to seasonal water table differences 

from declining water surface elevations in summer months and inundation from surface 

flow, with potential for associated compromised water quality during periods of high 

precipitation or run-off. As described in the Central New York Planning and Development 

Board “Oneida Lake State of the Lake and Watershed Report” (2003), the Oneida Lake 

watershed has an extensive system of aquifers and a wealth of groundwater resources 

throughout much of its area. The shallow overburden aquifer is the most common source 

of private potable water supply in the Study Area in areas where public supplies are not 

available. This aquifer exhibits significant seasonal variability and there have been some 

concerns with the perceived overuse of this groundwater source, which is relied upon by 

multiple users in this area. The Nation, in an effort to act in an environmentally 

responsible manner, made a decision to use treated effluent from the City of Oneida 

Sewage Treatment Plant rather than potable water to irrigate its golf courses. Use of this 

treated wastewater has reduced stress on the region’s groundwater resources. 

Depth-to-groundwater data were not available at several USGS groundwater observation 

wells located in the Study Area. However, there are available data for groundwater levels 

from two USGS groundwater observation wells located in the general area of Nation lands 

(USGS, 2006). These two wells are Well # Oe151; which is a 31.1-foot deep domestic well 

located in Woodgate, Oneida County and Well # M178; which is a 16-foot deep, six-inch 

diameter drilled observation well located in Valley Mills, Madison County. 

Records from the two observation wells indicate that seasonal high water occurs during 

the April/May period following spring run-off and seasonal lows are experienced in 
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November at Well # Oe151 and in the August through October period at Well # M178. 

The spring average high water levels are 5.5 inches below ground surface (bgs) and 15 feet 

bgs at Well # M178 and Well # Oe151, respectively. The average low water levels are 10 

feet bgs and 28 feet bgs at Well # M178 and Well # Oe151, respectively. The locations of 

these wells are provided on Figure 3.3-5. 

Depth to groundwater is variable in the Study Area and the direction of shallow 

groundwater flow follows local topography. Typically groundwater flows towards the 

lowest topographic point, generally towards the nearest stream. Groundwater contributes 

to the base flow, which is flow in the streams not derived from precipitation. Groundwater 

flow through the Study Area and Nation lands is dependant upon local topography. 

3.3.3.4 Groundwater Use 

As described in Section 3.3.1 Regional Setting, some public water suppliers in the Study 

Area rely primarily on groundwater as a source. These public water suppliers include 

Cazenovia Village, Cobblefield Estates Water District, Mount Pleasant, New Woodstock 

Water District, O-WE-RA Point Water Supply, and Sleepy Hollow Subdivision (Central 

New York Regional Planning Development Board, 2003). Compared to the amount of 

public water that is supplied from surface water sources, the percent of public water 

supplied from groundwater sources in the Study Area is fairly low. 

None of the public water suppliers serving Nation lands rely on groundwater as a source. 

Additional groundwater is withdrawn from private wells located in the Study Area 

including those located on Nation lands. Almost half of the Nation lands (153 parcels) do 

not receive public water and, therefore, rely on private wells. Many Group 1 and 2 lands 

receive public water while nearly all Group 3 lands rely on groundwater from private 

wells. 

3.3.4 Jurisdictional Wetlands and Waters of the U.S. 

3.3.4.1 Introduction 

Wetlands are lands that are transitional between terrestrial and aquatic systems where the 

water table is usually at or near the surface or the land is covered by shallow water 

(Cowardin et al., 1979). Differences exist between state and federal wetlands protection 

regulations, including the definition of what wetlands are. As a result jurisdictional 

wetlands, which are wetlands regulated by state and/or federal agencies, may be different 

amongst these agencies. This section reviews regulations developed by the U.S. Army 

Corps of Engineers (USACE) and the NYSDEC governing wetlands protection in New 

York State and quantifies the amount and type of jurisdictional wetlands located in the 

Study Area, defined as the southwestern portion of Oneida County and the northern 

portion of Madison County. Furthermore, this section describes the Nation’s protection 

and management of wetland resources by reviewing the Nation’s efforts to assess and map 
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the extent of wetlands on its lands, avoid impacts and disturbance to these wetlands, and 

offset impacts to wetlands through the implementation of a wetlands mitigation bank. 

3.3.4.2 Regulatory Framework for Jurisdictional Wetlands 

Federal Wetlands Regulations 

Waters of the U.S include wetlands, lakes, rivers, streams, sloughs, ponds, territorial seas, 

and tidal areas. Recognizing the importance of healthy aquatic ecosystems for economic 

and recreational activities and to public health, waters of the U.S. are regulated under 

Section 404 of the CWA by the USACE and the USEPA. Pursuant to the CWA, 40 CFR 

Part 230 established guidelines for specification of disposal sites for dredged or fill 

material based on CWA Section 404(b)(1). Parts 320 through 330 of 40 CFR list program 

definitions and permit exemptions established by the USEPA. These regulations establish 

policies, practices, and procedures to be followed by the USACE when reviewing 

applications for permits authorizing the discharge of dredged or fill material into waters of 

the U.S. 

In addition to the requirements of the CWA, navigable waters of the U.S. are also 

regulated by the USACE. Applicable statutes include Sections 9 and 10 of the Rivers and 

Harbors Act of 1899. Section 9 regulates construction of any bridge, dam, dike or 

causeway over navigable waters of the U.S. and Section 10 regulates structures or work in 

navigable waters of the U.S. such as excavation, fill placement or the construction of a 

wharf, pier, dolphin, boom, weir, breakwater, bulkhead or jetty. Regulations 

promulgated by the USACE establish policies, procedures, and practices to be followed 

when reviewing applications for permits to authorize work in navigable water. 

Federal jurisdictional wetlands are identified based on the abundance of hydrophytic 

vegetation, which is vegetation adapted to growing in saturated or flooded conditions, the 

presence of hydric soils, and the presence of wetland hydrology. These wetland indicators 

are described in the USACE Wetlands Delineation Manual (Environmental Laboratory, 

1987) and subsequent USACE guidance. There are no minimum size and/or acreage 

requirements in determining federal jurisdictional authority over any waters of the U.S. 

including wetlands. The USACE does not regulate adjacent areas and/or buffer zones for 

waters of the U.S. 

New York State Freshwater Wetlands Regulations 

In addition to the CWA, the New York State Freshwater Wetlands Act (Article 24 and 

Title 23 of Article 71 of Environmental Conservation Law) and subsequent regulations in 

Title 6 of the Codes, Rules, and Regulations of the State of New York (6 NYCRR) aim to 

prevent the degradation of wetlands in order to maintain the important ecosystem 

functions and benefits that they provide. According to 6 NYCRR Part 662.1, freshwater 

wetlands are defined as lands and waters of the State of New York that are at least 12.4 

acres in size or smaller but have unusual local importance because they provide important 
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benefits (i.e., pollution control or endangered species habitat). Freshwater wetlands and 

adjacent areas located within 100 feet of its boundary are regulated by the NYSDEC; the 

NYSDEC can regulate adjacent areas that are greater than 100 feet if necessary to protect 

wetlands of unique significance. As such, New York State regulations only apply if 

activities would occur within or adjacent to areas defined as freshwater wetlands. 

3.3.4.3 Nation Management of Wetlands 

The Nation codified its commitment to the preservation and stewardship of its natural 

resources by the adoption of the Nation Environmental Protection Ordinance in 1998. 

This ordinance dictates that the Nation’s economic and development activities should be 

consistent with its environmental goals of reduction of pollution, decreased waste 

production, and the wise use of natural resources, and it establishes and identifies the 

responsibilities of the Nation Environmental Protection Department. The production of 

an annual Environmental Quality Report by the Nation is also prescribed in the 

ordinance, in which the status and condition of major environmental classes including 

wetlands must be monitored. 

The Nation Environmental Protection Ordinance does not contain specific wetland 

management measures; however, the Nation has repeatedly taken actions to assess and 

inventory the extent of existing wetlands on lands proposed for development, considered 

multiple project alternatives and selected project designs that minimize impacts to existing 

wetlands, implemented protocols to reduce wetland impacts during construction, and 

compensated for unavoidable impacts to existing wetlands through the construction and 

use of a wetlands mitigation bank on Nation lands. Examples of the Nation’s efforts to 

manage wetland resources on its lands may be observed in the wetland data collection, 

project design, and wetlands mitigation associated with construction of the Turning Stone 

Resort & Casino; Shenendoah, Kaluhyat, and Atunyote Golf Courses; and Villages at 

Turning Stone RV Park. For these projects, the Nation conducted detailed field 

investigations and natural resource surveys to delineate wetland boundaries and to 

determine the extent of wetland resources on or near proposed project sites, as well as 

inventory the ecological communities and floral/faunal species present. Results of these 

field investigations are reported for the sites of the Turning Stone Resort & Casino, 

Shenendoah Golf Course, and Villages of Turning Stone RV Park in Turning Stone Master 

Plan Baseline Wetland and Soil Report and Environmental Assessment: Turning Stone 

Hotel, Casino Additions and Golf Facilities (Environmental Systems Planning, 1996a and 

Jason M. Cortell and Associates, 1997); the field investigation results for the sites of the 

Kaluhyat and Atunyote Golf Courses are identified in Jurisdictional Wetland 

Determination: Robert Trent Jones Golf Course and Jurisdictional Wetland 

Determination: Fazio Golf Course (Wetland and Ecological Consultants, 2002a and 

2002b). 
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During the design of the Shenendoah, Kaluhyat, and Atunyote Golf Courses, the Nation 

considered multiple project alternatives and selected project designs that minimized 

impacts to existing wetlands. For example, over 60 different designs for the golf courses 

at the Shenendoah Golf Course were reviewed and during the design process, the Nation 

purchased additional land adjacent to the golf course to both improve the quality of the 

golf course and reduce impacts to wetlands (Jason M. Cortell and Associates, 1997). 

Through this review process and land purchase, the Nation was able to reduce wetlands 

impacts by nearly 80 percent from approximately 25 acres of wetlands disturbance in 

initial designs to 5.3 acres in the final design. Similarly, the Nation considered various 

designs for the golf courses at the Kaluhyat and Atunyote Golf Courses and selected 

designs that both reduced wetlands impacts and resulted in high quality of golf play 

(Wetland and Ecological Consultants, 2002c and 2002d). As previously identified in 

Section 3.3.2.7 Drainage and Storm Water Management, the Shenendoah, Kaluhyat, and 

Atunyote Golf Courses are also certified members of Audubon International Signature 

Program indicating that these golf courses have met stringent standards for preparing and 

implementing an effective natural resource management plan (Audubon International, 

2001). The Nation has also implemented protocols to reduce wetlands impacts during 

construction projects. For instance, soil erosion and sediment control plans involving the 

installation, maintenance, and monitoring of erosion control features (silt fencing and hay 

bales) were implemented during construction of the golf courses at both the Kaluhyat and 

Atunyote Golf Courses (Wetland and Ecological Consultants, 2002c and 2002d). 

A principal component of the Nation’s management of wetlands has been to compensate 

for impacts to existing wetlands incurred during development activities through the 

construction and use of mitigation wetlands on Nation lands. The Nation has worked 

with the respective New York State (NYSDEC) and federal (USACE) agencies during this 

mitigation process. The mitigation of wetlands that occurred during construction of the 

Turning Stone Resort & Casino, the Villages at Turning Stone RV Park, and the Kaluhyat 

and Atunyote Golf Courses is described below. 

Construction of the Turning Stone Resort & Casino and the Villages at Turning Stone RV 

Park resulted in the disturbance of 17.34 acres of freshwater wetlands. Based on a 

qualitative assessment of the functional value of these wetlands (high or low quality) that 

was determined by their structure, function, and diversity, mitigation ratios for the 

impacted wetlands were established at either a 1:1 replacement for low quality wetlands or 

a 2:1 replacement for high quality wetlands; these ratios are typical replacement amounts 

required of non-tribal applicants seeking permits from the NYSDEC and/or USACE to 

authorize the filling of wetlands. This mitigation resulted in the creation of 21.65 acres of 

wetlands to compensate for the loss of wetlands during the construction of the Turning 

Stone Resort & Casino complex and the Villages at Turning Stone RV Park. This 

mitigation occurred at fourteen sites and involved either the creation of wetlands in 

existing upland sites or in some cases, the restoration of existing wetlands; these fourteen 
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mitigation wetlands largely consisted of open water ponds, emergent wetlands, and wet 

meadows (Environmental Systems Planning, 1996b). The mitigation efforts designed to 

compensate for the wetlands impacts resulting from the construction of the Villages at 

Turning Stone RV Park also included the establishment of nesting boxes for wood duck 

(Aix sponsa) and purple martin (Progne subis), salvage of over 3,000 shrubs and trees 

from areas that were impacted and re-use of these plants, creation of a pond to be stocked 

with steelhead trout (Oncorhynchus mykiss), and establishment of 2.5 miles of walking 

trails with 2,000 feet of boardwalk to provide passive access to and recreational 

opportunities within these restored wetland habitats. 

In order to compensate for the loss of wetlands resulting from the construction of the golf 

courses at the Kaluhyat and Atunyote Golf Courses, the Nation initiated construction of a 

wetlands mitigation bank located to the west of Germany Road in the Town of Verona in 

October 2002 (Wetland and Ecological Consultants, 2002e). The Germany Road 

Wetlands Mitigation Bank, which is located on Parcel 37 on Group 2 lands, is a 75-acre 

reserve consisting of formerly forested wetlands habitat in which the wetlands hydrology 

was historically removed through the excavation of a series of drainage ditches and swales 

that transported water from the wetlands into a channelized creek. This parcel is located 

within the same hydrological drainage as the wetlands that were disturbed and within 

three miles of the Turning Stone Resort & Casino. Construction of the wetlands 

mitigation bank involved the damming of a channelized creek and plugging of drainage 

ditches to return the original drainage and wetlands hydrology to the site. 

The Nation consulted with the Buffalo District of the USACE with regards to the design of 

the wetlands mitigation bank and strategies to minimize the risk of excessive colonization 

of this site by invasive plant species such as purple loosestrife (Lythrum salicaria) and 

common reed (Phragmites australis). Subsequent to construction, four monitoring wells 

and 0.1 acre vegetation monitoring plots were established to document the reestablishment 

of wetland hydrology and the recolonization of the site by wetland vegetation. This 

monitoring was initiated in the fall of 2003 and is scheduled to be conducted for five 

years. The re-establishment of wetlands hydrology at the Germany Road Wetlands 

Mitigation Bank has resulted in the creation of approximately 75 acres of wetland credits. 

At present, the Nation has used only 28.66 acres of the 75 acre bank; thirteen acres of the 

wetlands mitigation bank were used to compensate for the filling of 6.5 acres of wetlands 

at the Atunyote Golf Course and 6.8 acres of the wetlands mitigation bank were used to 

compensate for the filling of 3.4 acres of wetlands at the Kaluhyat Golf Course, in both 

cases a 2:1 wetlands mitigation ratio was used. In addition, 8.94 acres of the wetlands 

mitigation bank were used to replace wetlands lost due to the relocation of Casino Loop 

Road, the construction of an employee parking lot, and the removal of an irrigation lake 

at the Turning Stone Resort & Casino. 
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The Nation also consulted with both the USACE and the NYSDEC prior to dredging the 

southeast corner of Oneida Lake where the Nation owns and operates the Marion Manor 

Marina; dredging was required at this location because the marina’s entrance channel was 

filled with sediment which made it difficult for recreational boats to pass through it. The 

preferred alternative selected resulted in the Nation removing the accumulated sediment by 

dredging the channel in the year 2000. Throughout the dredging process, the Nation 

consulted with both the USACE and the NYSDEC. The Nation modified the project so as 

to comply with the USACE’s recommendations. Because of the Nation’s cooperation, the 

USACE deemed the dredging project to be in full compliance with the legal requirements 

of Section 10 of the Rivers and Harbors Act of 1899 and the terms of the USACE’s 

Nationwide Permit No. 35 - Maintenance Dredging of Existing Basins. This dredging 

project was completed by the Nation in full compliance with federal law. 

3.3.4.4 Review of Federal, New York State, and Nation Wetlands Mapping 

Two sets of available mapped wetlands data were reviewed and utilized for the discussions 

in this section. These data sets include the National Wetlands Inventory (NWI) mapping, 

which was created by the USDOI Fish and Wildlife Service, and the NYSDEC Regional 

Freshwater Wetlands mapping. The USGS quadrangles of wetlands mapping that were 

reviewed are identified on Figure 3.3-6. The specific wetlands mapping reviewed included 

the Sylvan Beach, Canastota, Oneida, Vernon, Oran, Verona, Jewell, Munnsville, and 

Morrisville Quadrangles of NWI mapping and the Oneida County, 1995 and Madison 

County, 1986 NYSDEC Regional Freshwater Wetlands Mapping. 

Wetland maps were produced by the Nation prior to the construction of the Turning 

Stone Resort & Casino, Villages at Turning Stone RV Park, and the Kaluhyat and 

Atunyote Golf Courses (Environmental Systems Planning, 1996a; Wetland and Ecological 

Consultants, 2002a and 2002b). These maps, which were produced from field inspections 

and wetlands delineations, provide the best available data on the historical extent and 

location of wetlands on Group 1 lands. Wetlands delineations on Nation lands were not 

performed for this EIS because the Proposed Action does not involve the placement of fill 

materials in any wetlands or associated buffers and permits from the NYYSDEC or 

USACE are not required in order for the BIA to take Nation lands into trust. 

NWI and NYSDEC Regional Freshwater Wetlands maps use separate classification 

systems to distinguish between different types of mapped wetlands. The NWI classification 

system is applied on a national level and provides a description of a wetland’s physical 

characteristics such as vegetation and water regime (i.e., permanently flooded, 

intermittently flooded or saturated). The NYSDEC classification system is applied to 

wetlands located in New York State only, and it is based on vegetation and water regime 

as well as functional characteristics such as a wetland’s role in protecting a drinking water 

supply or its ability to provide plant and wildlife habitat. These classification systems are 

described below. 
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Federal Wetlands 

NWI maps were developed in response to the increasing recognition of important wetland 

functions and values. The Emergency Wetlands Resources Act of 1986 directs the U.S. 

Fish and Wildlife Service to map and provide information on wetlands and deep water 

habitats in the U.S. NWI maps provide useful information about the location of wetlands 

and their characteristics. However, the limits of wetlands under USACE jurisdiction can 

only be determined based on site-specific field investigations. For this EIS, the NWI maps 

were used to help determine the approximate extent and location of wetlands in the Study 

Area and on Nation lands. 

NWI maps classify wetlands using a system that defines different wetland types based on 

the Classification of Wetlands and Deepwater Habitats (Cowardin et al, 1979). Under 

this classification system, wetlands are broadly categorized as Palustrine, Riverine, and 

Lacustrine as identified in Table 3.3-7 under the column titled NWI System. Under each 

of these broad classifications, wetlands are then categorized by hydrologic, vegetative, and 

substrate conditions as identified in Table 3.3-7 under the column titled NWI Map Code. 

For this EIS, wetlands under federal jurisdiction that are located in the Study Area and on 

Nation lands were grouped by the following general classifications outlined in Table 3.3-7: 

Riverine, Lake, Freshwater Emergent, Freshwater Forested/Shrub, Freshwater Pond, and 

Artificial/Farmed Wetlands. The location of Riverine, Lake, Freshwater Emergent, 

Freshwater Forested/Shrub, Freshwater Pond, and Artificial/Farmed Wetlands in the Study 

Area and on Nation lands are identified on Figures 3.3-8, 3.3-10, 3.3-12, 3.3-14, 3.3-16, 

3.3-18, 3.3-20, 3.3-22, and 3.3-24. 

Table 3.3-7 

Federal Wetlands Classifications

NWI System NWI Map Code General Classifications 

Riverine R2, R3 or R4 Riverine - wetlands and deepwater habitat contained within a channel. 

Lacustrine L1 or L2 

Lake - greater than 20 acres in size and do not have greater than 30 percent aerial 

coverage by trees, shrubs or persistent herbaceous vegetation. 

Palustrine PEM Freshwater Emergent - non-tidal wetlands dominated by herbaceous vegetation. 

Palustrine PFO and/or PSS Freshwater Forested/Shrub - non-tidal wetlands dominated by trees and/or shrubs.

Palustrine PUB or PAB 

Freshwater Pond – PUB wetlands lack vegetation, are less than 20 acres in size, 

and are less than two meters deep. PAB wetlands are dominated by vegetation 

that grow on or below the surface of the water. 

Palustrine Pk or Pf Artificial/Farmed - either associated with agriculture and/or controlled flooding. 

Source: Cowardin et al, 1979 

New York State Freshwater Wetlands 

The wetlands identified in NYSDEC Regional Freshwater Wetlands maps are under the 

regulatory jurisdiction of the State of New York. However, these maps do not establish 

the limits of regulated wetlands so field investigations are required to determine the precise 

locations of the wetlands boundaries. NYSDEC Regional Freshwater Wetlands maps were 

used to determine the approximate extent and location of wetlands in the Study Area and 

on Nation lands that are under the regulatory jurisdiction of New York State. 
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The NYSDEC categorizes wetlands into four classes (Classes I, II, III, and IV) based on the 

benefits supplied by them. In order to assign a wetlands class, the NYSDEC evaluates 

these benefits based on the wetlands vegetative community, ecological association, special 

features, hydrological and pollution control features, and their distribution and location. 

According to the NYSDEC classification system, Class I wetlands provide the highest 

degree of benefits while Category IV wetlands provide the lowest degree of benefits. 

Figures 3.3-7, 3.3-9, 3.3-11, 3.3-13, 3.3-15, 3.3-17, 3.3-19, 3.3-21, and 3.3-23 identify 

wetlands located in the Study Area and on Nation lands that are under the jurisdiction of 

New York State by class. Regardless of class, all wetlands have value as they play a 

critical role in maintaining the fabric of the ecosystem for both human and ecological uses. 

In the Study Area, there are some wetlands that are under the jurisdiction of both the 

NYSDEC and the USACE. Comparing the Morrisville, Munnsville, Oneida, Oran, Sylvan 

Beach, Vernon, and Verona quadrangles of the NYSDEC Regional Freshwater Wetlands 

mapping with the NWI mapping for these same quadrangles (Figures 3.3-11 through 3.3-

24), there are wetlands in several locations that overlap. This overlap occurs because the 

NYSDEC Regional Freshwater Wetlands maps contain only those wetlands that are at 

least 12.4 acres in size and/or with unusual local importance while the NWI maps contain 

all wetlands regardless of size or importance. 

Nation Wetlands 

The Nation has a history of proactively working to preserve wetlands and cooperating 

with federal, New York State, and local officials on wetlands preservation issues. The 

Nation has conducted detailed mapping and inventories of wetlands for many of the 

Group 1 lands in order to identify existing wetlands and either document or minimize the 

impacts to these wetlands resulting from the Nation’s development activities. Between 

1993 and 1995, wetlands located on the sites of the Turning Stone Resort & Casino and 

the Villages at Turning Stone RV Park on Group 1 lands were field delineated and mapped 

by Environmental Systems Planning, Ltd. Wetland maps were prepared based upon aerial 

photographs, soil maps from the Oneida County Soil Conservation Service, previous 

wetland delineations performed by Stearns and Wheeler, and federal delineation guidelines 

regarding the abundance of hydrophytic vegetation and presence of wetland hydrology 

and soils (Sterns and Wheeler, 1992). The wetland maps identify the extent of wetlands 

that existed on the sites of the Turning Stone Resort & Casino and the Villages at Turning 

Stone RV Park prior to development by the Nation and are presented and described in 

Turning Stone Master Plan Baseline Wetland and Soil Report (Environmental Systems 

Planning, 1996a). 

Fourteen wetlands are identified by these maps as being located on the sites of the Turning 

Stone Resort & Casino and the Villages at Turning Stone RV Park prior to the 

construction of these facilities. These wetlands; which were classified as forested wetlands 

and riparian habitats, wet meadows, scrub-shrub wetlands, emergent marshes, and 
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flooded pine plantations; were described and qualitatively rated for functional value 

(Environmental Systems Planning, 1996a). The prevalence of forested wetlands on these 

Nation lands is consistent with the abundance of this wetlands type throughout Nation 

lands (Groups 1, 2, and 3). The Nation has also mapped the locations of 19 areas of 

disturbance to or filling of these wetlands resulting from construction of the Turning Stone 

Resort & Casino and the Villages at Turning Stone RV Park (Environmental System 

Planning, 1996b). Fourteen wetlands were created as mitigation for this disturbance; these 

mitigation wetlands were mapped and are described in Turning Stone Master Plan 

Wetland Impact and Mitigation (Environmental Systems Planning, 1996b). 

The Nation has also created wetlands maps for the sites of the Kaluhyat and Atunyote 

Golf Courses on Group 1 lands prior to their design and construction. Between January 

and May of 2002, wetlands located on the present sites of these golf courses were field 

delineated and mapped by Wetland and Ecological Consultants. Wetlands maps were 

prepared based on USGS topographic maps, false color-infrared aerial photographs, soil 

maps from the Oneida County Soil Conservation Service, and federal delineation 

guidelines regarding the abundance of hydrophytic vegetation and the presence of wetland 

hydrology and soils. The boundaries of all wetland areas meeting federal criteria as well 

as surface waters were surveyed using the Global Positioning System (GPS). These maps 

represent the extent of wetlands prior to construction by the Nation; these maps are 

presented and described in Jurisdictional Wetland Determination: Robert Trent Jones Golf 

Course and Jurisdictional Wetland Determination: Fazio Golf Course (Wetland and 

Ecological Consultants, 2002a and 2002b). These studies identified that approximately 

48 acres and 36 acres of wetlands were located on the sites of the Kaluhyat and Atunyote 

Golf Courses, respectively, prior to development (Wetland and Ecological Consultants 

2002c and 2002d). The wetland types identified on both of these sites included palustrine 

forested wetlands (both broad-leaved deciduous and needle-leaved evergreen), palustrine 

scrub-shrub broad-leaved deciduous, and palustrine emergent persistent (Wetland and 

Ecological Consultants, 2002c and 2002d). Small man-made ponds were also observed on 

the site of the Atunyote Golf Courses (Wetland and Ecological Consultants, 2002b). As 

stated previously, the designs of these golf courses were selected to minimize wetland 

impacts and unavoidable wetland impacts were mitigated for through the use of the 75-

acre Germany Road Wetlands Mitigation Bank located on Parcel 37 on Group 2 lands in 

the Town of Verona. 

3.3.4.5 Existing Federal and New York State Mapped Wetlands 

Approximately 3,107 acres of New York State and federal mapped wetlands exist on 199 

parcels located within the 17,370 acres that comprise Nation lands, which corresponds to 

approximately 18 percent of Nation lands by area. To distinguish the jurisdiction of these 

wetlands, approximately 2,111 acres of wetlands are located on NWI maps and are under 

federal jurisdiction while 2,171 acres of wetlands are located on the NYSDEC Regional 

Freshwater Wetlands maps and under the jurisdiction of New York State. As previously 
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discussed in Section 3.3.4.4 Review of Federal, New York State, and Nation Wetlands 

Mapping, overlap occurs because there are wetlands located on both maps and under both 

federal and New York State jurisdiction, therefore, simply adding the number of wetlands 

located on NWI maps by acreage with the number of wetlands located on NYSDEC 

Regional Freshwater Wetlands maps by acreage would result in an overestimation of 

wetlands present on Nation lands. Thus, the resulting 3,107 acres of total wetlands not 

only represent identical limits of where New York State and federal mapped wetlands 

overlap, but the remaining limits of wetlands that are unique to only a New York State or 

federal wetlands designation. 

While NWI and NYSDEC Regional Freshwater Wetlands maps do not confirm the 

presence or absence of wetlands on a particular property or its precise limits, the 

approximate location and extent of wetlands was determined for this EIS using the 

information provided on these maps. The aerial extent of wetlands was calculated based 

on the total area they covered on the NWI maps or the NYSDEC Regional Freshwater 

Wetlands maps. These calculations did not duplicate the area if wetland overlaps 

occurred. GIS data for wetlands located on NWI maps and NYSDEC Regional 

Freshwater Wetlands maps were used where available and published maps were digitized 

where GIS data was not available. Property boundaries were overlaid using GIS software 

to calculate the area of wetlands located on Nation lands. 

Federal Wetlands 

There are several types of wetlands located in the Study Area and on Nation lands that are 

under federal jurisdiction and are depicted on NWI maps. The wetland types; which 

include freshwater forested/shrub, emergent, artificial/farmed, freshwater pond, lake, and 

riverine; are discussed below. The acreage of these types of wetlands on Nation lands is 

identified in Table 3.3-8. 

Table 3.3-8 

Acreage of Federal Wetlands on Nation Lands 

Grouped Federal Classifications Group 1 Group 2 Group 3 Total 

Artificial/Farmed Wetland 0 87 45 132 

Freshwater Emergent Wetland 117 143 108 368 

Freshwater Forested/Shrub 

Wetland 306 648 579 1,534 

Freshwater Pond 17 29 9 55 

Lake 0 3 0 3 

Riverine 0 14 5 20 

Total 440 925 746 2,111 

Source: United States Fish and Wildlife Service, 2005. 

The majority of wetlands located on Nation lands that are under federal jurisdiction are 

classified as freshwater forested/shrub wetlands; the predominance of forested/shrub 

wetlands is also representative of the Study Area. As identified in Table 3.3-8, these 

wetlands comprise approximately 1,534 acres of Nation lands and are found mostly in 
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Groups 2 and 3. Forested wetlands are most common in the eastern U.S. where moisture 

is relatively abundant, especially along rivers and in the mountains (Cowardin et al, 1979). 

It is likely that the 75-acre Germany Road Wetlands Mitigation Bank created by the 

Nation in the Town of Verona (Parcel 37 on Group 2 lands) was historically a forested 

wetland based upon aerial photographs and an examination of adjacent properties 

(Wetland and Ecological Consultants, 2002c). Based on the NWI mapping, scrub-shrub 

wetlands are among the most wide-spread wetland types in the U.S. (Shaw and Fredine, 

1956). The location of forested/shrub wetlands are depicted on Figures 3.3-8, 3.3-10, 3.3-

12, 3.3-14, 3.3-16, 3.3-20, 3.3-22, and 3.3-24. 

The second largest type of wetlands found on Nation lands that are under federal 

jurisdiction are freshwater emergent wetlands. These wetlands comprise approximately 

368 acres of Nation lands and as identified in Table 3.3-8, they are found almost equally 

among the Groupings. Freshwater emergent wetlands; which are known by many other 

names such as fen, marsh, and meadow; are sometimes found in agricultural fields. The 

location of these wetlands on Nation lands are depicted on Figures 3.3-10, 3.3-12, 3.3-14, 

3.3-16, 3.3-20, 3.3-22, and 3.3-24. 

The remaining wetland types found on Nation lands that are under federal jurisdiction are 

artificial/farmed, freshwater ponds, lakes, and riverine wetlands. A farmed wetland that is 

less than one-acre in size is located on Parcel 172 on Group 3 lands and is shown on 

Figure 3.3-14. Artificial wetlands were mapped on three parcels as identified on Figures 

3.3-8 and 3.3-24; Parcel 28 in Group 3 lands and Parcel 289 in Group 2 lands have small 

areas that were mapped as artificial wetlands, while approximately 21 acres of artificial 

wetlands were mapped on Parcel 291 on Group 2 lands. Freshwater ponds comprise 

approximately 55 acres of Nation lands; the largest ponds in terms of acreage on Nation 

lands are mapped on Figures 3.3-12, 3.3-16, 3.3-20, and 3.3-22. Lake habitat extends 

into some Nation lands and several parcels contain rivers. As identified in Table 3.3-8, the 

types of wetlands that occupy the smallest acreage of Nation lands are lake and riverine 

wetlands. 

New York State Freshwater Wetlands 

All classes of wetlands under the jurisdiction of New York State are located in the Study 

Area and on Nation lands. The quantity of wetlands in each of these classes that are 

located in the Study Area and on Nation lands are discussed below. The acreage of these 

four classes of wetlands on Nation lands are identified in Table 3.3-9. 

The majority of wetlands located on Nation lands that are under the jurisdiction of New 

York State are classified as Class II and Class IV. Class II wetlands comprise 890 acres of 

Nation lands and are found mostly in Group 2 lands while Class IV wetlands comprise 

757 acres and are found mostly in Group 3 lands. Class III wetlands, which comprise 479 

acres of Nation lands, are located mostly in Group 1 lands. The only Class I wetlands 

located on Nation lands is identified on Figure 3.3-11; this Class I wetlands comprises 
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approximately 44.5 acres of Parcel 200, which is located in the Town of Smithfield. The 

location of Class II, Class III, and Class IV wetlands on Nation lands and in the Study 

Area are depicted on Figures 3.3-15, 3.3-19, 3.3-21, and 3.3-23. 

The majority of wetlands located on Nation lands that are under the jurisdiction of New 

York State are classified as Class II and Class IV. Class II wetlands comprise 890 acres of 

Nation lands and are found mostly in Group 2 lands while Class IV wetlands comprise 

757 acres and are found mostly in Group 3 lands. Class III wetlands, which comprise 479 

acres of Nation lands, are located mostly in Group 1 lands. The only Class I wetlands 

Table 3.3-9 

Acreage of New York State Wetlands on Nation Lands 

Wetlands Class Group 1 Group 2 Group 3 Total 

Class I 0 0 45 45 

Class II 295 567 28 890 

Class III 283 138 58 479 

Class IV 142 187 428 757 

Total 720 892 559 2,171 

Source: CUGIR, 2005 and Nation, 2005. 

located on Nation lands is identified on Figure 3.3-11; this Class I wetlands comprises 

approximately 44.5 acres of Parcel 200, which is located in the Town of Smithfield. The 

location of Class II, Class III, and Class IV wetlands on Nation lands and in the Study 

Area are depicted on Figures 3.3-15, 3.3-19, 3.3-21, and 3.3-23. 

The total area of freshwater wetlands on Nation lands that are under the jurisdiction of 

New York State exceeds the area of wetlands under federal jurisdiction by approximately 

60 acres, which is primarily due to the large area of wetlands under New York State 

jurisdiction that are located immediately east of Oneida Lake. As previously identified in 

Section 3.3.4.2 Regulatory Framework for Jurisdictional Wetlands, there are no minimum 

size and/or acreage requirements in determining federal jurisdictional authority over 

waters of the U.S. Therefore, any wetlands that are located on NYSDEC Regional 

Freshwater Wetlands maps and not on NWI maps or any wetlands present on the actual 

landscape that avoided detection and were not mapped either by New York State or the 

federal government would be regulated by the USACE and subject to the regulations 

promulgated through the CWA. 

The NYSDEC also regulates areas located within 100 feet of a designated wetland as a 

buffer. In some cases, the NYSDEC may require a buffer of more than 100 feet to be 

included in the regulated area. Based on the existing NYSDEC Regional Freshwater 

Wetlands mapping, approximately 589 acres of Nation lands are located within 100 feet 

of wetlands under the jurisdiction of New York State.