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4.3 Water Resources 

Section 3.3 Water Resources described the water resources of the Study Area in detail. 

This section addresses potential direct, indirect and cumulative effects to water resources 

including surface water, groundwater, and jurisdictional wetlands and waters. Section 4.1 

Introduction established the context for defining criteria to determine the potential for a 

significant effect within any resource category. Specific significance criteria are presented 

below for each category of water resources – surface water, groundwater, and 

jurisdictional wetlands and waters. Section 2.0 Alternatives and Section 4.1 Introduction 

establish and define the range of possible taxation and jurisdictional scenarios that could 

apply to lands not conveyed into trust. 

4.3.1 Surface Water 

Significance Criteria 

Several criteria were considered in determining whether an action has a potentially 

significant adverse effect to surface water. Potentially significant adverse effects may occur 

directly, indirectly, or cumulatively if the action is likely to: 

• Affect the course, rate or volume of flow; the use of or material demand for surface 

waters; 

• Cause other effects that may significantly or irreversibly impair the use or quality 

of surface waters or create a human hazard on adjacent non-Nation lands or 

within the larger geographic context of a town or county; 

• Increase the incidence or duration of flooding within areas designated as being 

within the 100-year floodplain. 

4.3.1.1 Direct Effects 

Surface water resources, including water supply sources and receiving waters for 

wastewater discharge, are described in detail in Section 3.3.2. The proposed federal action 

does not involve construction or alteration of the physical environment. Neither the 

Proposed Action (Alternative A) nor any of the alternatives (B, C, D, E, F, and G) 

described in Section 2.0 Alternatives would result in any use of or physical disturbance to 

surface waters or associated watersheds located on Nation lands, on adjacent non-Nation 

lands, or on any lands within the towns or counties of the Study Area. Implementation of 

the Proposed Action or any of the alternatives would not result in any direct effects to 

surface water resources in the region. 

4.3.1.2 Indirect Effects 

Surface water resources, including water supply sources and receiving waters for 

wastewater discharge, are described in detail in section 3.3.2 of this document. The 
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Proposed Action (Alternative A) and the trust alternatives (B, C, D, E, and F) are described 

in Section 2.0 Alternatives. There are no planned development projects or facility 

expansions contingent on the alternatives. Implementation of the Proposed Action or any 

of the trust alternatives would however allow for the continued operation of the Turning 

Stone Resort & Casino and projected growth associated with casino operations to occur 

over time. This growth includes an increase in casino visits and an associated increase in 

casino employment as described in Section 4.7. Such growth would result in an increase in 

water usage and wastewater disposal. This increase in usage and disposal would have an 

incremental effect to water supply and wastewater disposal and are addressed as part of 

the cumulative effects assessment presented in Section 4.3.1.3. 

Indirect effects may also result from excluding lands from being conveyed into trust 

depending on the taxation and jurisdiction scenario that is applied to that land. These 

taxation/jurisdictional scenarios are described in detail in section 4.1.3. Potential indirect 

effects may result from implementation of Alternatives E and G. Alternative E could have 

a potential indirect effect to surface water under the Property Taxes Not Paid – 

Foreclosure scenario. Under Alternative E, the golf courses associated with the Turning 

Stone Resort & Casino would not be placed into trust, and under the Property Taxes Not 

Paid – Foreclosure scenario, the Nation would not retain ownership of the golf course 

properties. Up to 90 percent of the treated effluent from the City of Oneida Sewage 

Treatment Plant is currently used for irrigation at the golf courses, a practice that reduces 

flows and waste loads that would otherwise be discharged to the plant’s receiving stream 

(Oneida Creek) which eventually flows into Oneida Lake. Although the City of Oneida 

Sewage Treatment Plant is permitted to treat and discharge these loads, diverting them for 

irrigation purposes does have a beneficial effect to water quality in Oneida Creek. If the 

golf courses were to cease operation, the irrigation water would no longer be needed and 

presumably the plant’s effluent would once again be discharged to Oneida Creek. The 

City of Oneida Sewage Treatment Plant has a NYSDEC State Pollution Discharge 

Elimination System (SPDES) permitted flow limit of 3.0 million gallons per day (MGD). 

Discharge of this flow would result in an increase in organic loadings to Oneida Creek 

which could have an adverse effect to water quality and biota. 

Conversely, closure of the Nation’s golf courses would eliminate the need to use fertilizer 

on the grounds. This would have a potentially beneficial effect to receiving waters. No 

indirect effects would occur under the Property Taxes Paid or the Property Taxes Not 

Paid – Dispute Continues scenarios under Alternative E as the Nation’s wastewater reuse 

and storm water management programs would remain in effect. 

Under Alternative G Casino Closes and All Enterprises Close and Property Taxes Not Paid 

– Foreclosure scenarios, the Turning Stone Resort & Casino and its associated golf courses 

would cease operations. In addition to the effects described in the preceding paragraph, 

water consumption at the Turning Stone Resort & Casino (currently ranging between 0.1 
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and 0.4 MGD based on data from February to May 2005) would be virtually eliminated. 

This would offset the effect associated with discontinuing the wastewater reuse program 

by a maximum of 0.4 MGD, however, it would not fully eliminate the need to discharge 

effluent to Oneida Creek, as the Nation reuses a much larger volume of water than it 

consumes and discharges to the sewage treatment plant. 

4.3.1.3 Cumulative Effects 

Past actions by the Nation effecting surface water relate primarily to the construction of 

the Turning Stone Resort & Casino. This included the installation of storm water controls 

and paying for an expansion of the City of Oneida Sewage Treatment Plant. While the 

Nation’s past actions may have effected surface water through storm water discharge, and 

increased use of water supply and wastewater treatment capacity, the Nation, consistent 

with their stated policy and practice regulated those activities that could affect surface 

waters in a manner that avoids or minimizes adverse effects. This included funding water 

supply and wastewater treatment plant capacity improvements and construction of storm 

water retention ponds to treat non-point source runoff from the Turning Stone Resort & 

Casino. 

Current activities by the Nation effecting surface water include operation and maintenance 

of the Turning Stone Resort & Casino and other Nation activities and enterprises, 

including the golf courses. The golf courses use reclaimed water (treated effluent) from the 

City of Oneida Sewage Treatment Plant for irrigation, which removes nutrients from the 

water and reduces the need for additional fertilizer. This practice benefits the golf course 

and reduces the waste load on the receiving stream, Oneida Creek, and downstream 

Oneida Lake. 

The Nation’s ongoing and reasonably foreseeable plans, described in Section 4.1.4 do 

include construction projects in and around the casino and associated with the member 

housing program, some of which may result in increased water demand. These include: 

• Turning Stone Resort & Casino – The addition of a swimming pool and spa 

(including the sweat lodge, would increase water demand and the need for 

wastewater disposal capacity. The Spa is expected to serve approximately 18,500 

hotel guests in fiscal year 2007 (the first year of operation). These guests would 

use approximately 30 gallons of water per day per person. In addition, the pool 

facilities associated with the spa would use 17,000 gallons of water per week. This 

results in a total daily spa water use of approximately 4,000 gallons per day. This 

would represent a 1.48% increase over the projected Turning Stone Resort & 

Casino water usage of 0.27 MDG in 2007. Turning Stone Resort & Casino water 

use currently averages 0.26 MGD and would increase by an average of 19.2% to 

0.31 MGD in 2011 (including spa water use). The City of Oneida Public Water 

System (COPWS) provides potable water to the Turning Stone Resort & Casino. 

The COPWS has a design capacity of 4 MGD, and currently supplies users with 
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approximately 3 MGD from the 320 million gallon Glenmore Reservoir. Demand 

projections for the COPWS estimate that water supply usage will grow to 

approximately 4.2 MGD in the year 2020. Assuming that increases in water 

supply demand occur in a linear fashion, the increase of 50,000 gallons a day 

associated with the Turning Stone Resort & Casino represents 8.7% of the 

COPWS projected surplus capacity of 0.57 MGD in 2011. Continued increases in 

Turning Stone Resort & Casino visits and the addition of the spa would also result 

in an increase in wastewater generation. The Turning Stone Resort & Casino 

currently generates 0.210 MGD of wastewater that is discharged to the City of 

Oneida Sewage Treatment Plant. This flow will increase by 18.8% to 0.247 MGD 

in 2011. Over the same period of time, flows to the sewage treatment plant are 

projected to increase to 3.1 MGD. The additional flow from the Turning Stone 

Resort & Casino would represent a 1.61% increase over the total flow to the 

sewage treatment plant and approximately 10% of the incremental increase that 

would occur between 2006 and 2011. Other planned projects, including the 

additional tennis courts, racquet ball and squash facilities, and clubhouse are not 

expected to increase overall water usage. 

• Nation Member Housing – The planned 66 housing units would result in a modest 

increase in water demand from new residents. Construction of the new structures 

has the potential for soil erosion and increased runoff during construction, as well 

as an increase in impervious areas, resulting in increased runoff and higher 

pollutant loads following their completion. The Nation would implement both 

short-term and long-term storm water controls associated with these structures, as 

they have during past construction. 

• Agricultural Activity – There may be an increase in the Black Angus herd and crop 

production on some presently unused property that is suitable for agriculture. 

Increased crop production depends on market conditions. Expanded agricultural 

production could increase water demand and contribute to an increase in nonpoint 

source pollution (herbicides, pesticides, fertilizer, animal wastes). This would have 

a less than significant effect given the relatively small amount of land dedicated to 

these activities when compared to agricultural land use in the region. 

Potential actions proposed by others are listed in Section 4.1.6. There is insufficient 

information to determine whether these projects could result in potential cumulative 

effects to surface water resources. 

4.3.2 Groundwater 

Significance Criteria 

For the purpose of defining whether the Proposed Action or any of the alternatives, 

including the No Action Alternative, would potentially effect groundwater, several criteria 
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are considered. Potentially significant adverse effects may occur directly, indirectly, or 

cumulatively if the action is likely to: 

• Affect the quality or supply of a principal-primary aquifer; 

• Affect the recharge capacity such that there would be a reduction in supply or 

lowering of groundwater levels; 

• Alter the use of or material demand for groundwater; or 

• Cause other effects that significantly or irreversibly impair the use or quality of 

groundwater or create a human hazard on adjacent non-Nation lands or within the 

larger geographic context of a town or county. 

4.3.2.1 Direct Effects 

Groundwater resources are described in detail in Section 3.3.3. The proposed federal 

action does not involve construction or alteration of the physical environment. Neither the 

Proposed Action (Alternative A) nor any of the alternatives (B, C, D, E, F, and G) 

described in Section 2.0 would result in any use of or physical disturbance to groundwater 

on Nation lands, adjacent non-Nation lands or on other lands within the towns or 

counties in the Study Area. Implementation of the Proposed Action or any of the described 

alternatives, including the No Action Alternative, would not directly result in a significant 

adverse effect to groundwater resources. 

4.3.2.2 Indirect Effects 

Groundwater resources are described in detail in Section 3.3.3. There are no planned 

development projects or facility expansions contingent on their implementation of the 

Proposed Action or any of the trust alternatives. Implementation of the Proposed Action 

or any of the trust alternatives would allow for the continued operation of the Turning 

Stone Resort & Casino and projected growth associated with casino operations to occur 

over time. This growth includes an increase in casino visits and an associated increase in 

casino employment as described in Section 4.7. The Turning Stone Resort & Casino does 

not use ground water for any operations. Thus, growth in visitors and employees would 

not result in an increase in groundwater use. Growth is not expected to result in an 

increase in regional development or population and thus would not result in an increase in 

groundwater usage. 

Excluding lands from conveyance into trust could result in a reduction in usage of 

groundwater associated with private residential supply wells that would cease operation 

under the Taxes Not Paid – Foreclosure scenario. Given the limited number of Nation 

member homes that utilize groundwater as a supply source, as described in Section 3.3.3, 

this reduction is not expected to have a measurable effect to groundwater supply in the 

region. The various taxation/jurisdictional scenarios that would apply to lands not 
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conveyed into trust are described in detail in section 4.1.3. As such, implementation of the 

Proposed Action or any of the described alternatives, including the No Action Alternative, 

would not have an effect to groundwater in the Study Area. 

4.3.2.3 Cumulative Effects 

Past actions by the Nation do not appear to have had an adverse effect to groundwater in 

the region. A 10-foot deep hand-dug community well, located adjacent to the Turning 

Stone Resort & Casino, did experience filming and foaming at the time that the Turning 

Stone Resort & Casino was being constructed. An investigation by the USEPA concluded 

that contaminants did not exceed water quality criteria and recommended No Further 

Action. Current Nation activities affecting groundwater include the use of private wells for 

water supply, primarily on Group 3 lands. 

The Nation’s ongoing and reasonably foreseeable plans, described in Subsection 4.1.4, do 

include activities, some of which may be associated with increased water demand that may 

be supplied through groundwater. These include: 

• Nation Member Housing – The planned 66 housing units (most of which will be 

occupied by existing residents) would result in a modest increase in water demand 

from new residents, some of which could be supplied from groundwater sources. 

Groundwater resources in the region support a number of similar residential 

developments. The housing units would be located in a variety of locations and 

would not place an undue burden on groundwater resources. 

• Active and inactive pasture and agriculture – Current rentals and cropping patterns 

are expected to remain essentially the same in future years. There may be an 

increase in the Black Angus herd and crop production on some presently unused 

property that is suitable for agriculture. Increased crop production would be 

dependent on market conditions. Increased agricultural activities could increase 

groundwater use. This increase would not be expected to have an effect to 

groundwater resources as the Nation does not rely on groundwater to irrigate 

crops. Groundwater is used to support livestock operations however, considering 

the limited area that Nation uses for these activities in the context of the regional 

agricultural use of groundwater; this is not expected to have an adverse effect. 

Potential actions proposed by others are listed in Section 4.1.6. There is insufficient 

information to determine whether these projects could result in potential cumulative 

effects to groundwater resources. 
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4.3.3 Jurisdictional Wetlands and Waters of the U.S. 

Significance Criteria 

For the purpose of defining whether the Proposed Action or any of the alternatives, 

including the No Action Alternative, results in a potentially significant adverse effect to 

regulated wetlands and waters of the U.S., several criteria are considered. Potentially 

significant adverse effects may occur directly, indirectly, or cumulatively if the action is 

likely to: 

• Eliminate, reduce, or disturb regulated wetlands or waters of the U.S. through 

direct filling, dredging, clearing, or hydrological interruption; 

• Disturb Class I wetlands or their buffer areas, State-designated Class A, AA, (T) 

streams, trout production streams; 

• Disturb the movement patterns of resident or migratory fish and wildlife; 

• Disturb fish and wildlife nursery areas; 

• Result in other effects that may significantly or irreversibly impair the use, 

quantity, or quality of waters and wetlands; 

• Create a human hazard on adjacent non-Nation lands or surrounding areas of the 

affected towns or Madison and Oneida Counties. 

4.3.3.1 Direct Effects 

Jurisdictional wetlands and waters of the United States are described in detail in Section 

3.3.4. The proposed federal action does not involve construction or alteration of the 

physical environment. Neither the Proposed Action (Alternative A) nor any of the 

alternatives (B, C, D, E, F, and G) described in Section 2.0 would result in any physical 

disturbance or use of jurisdictional wetlands and waters of the U.S. on Nation lands, on 

adjacent non-Nation lands, or on any lands within the towns or counties of the Study 

Area. As such, implementation of the Proposed Action or any of the alternatives would 

not directly result in significant adverse effects to jurisdictional wetlands and waters of the 

U.S. 

4.3.3.2 Indirect Effects 

Jurisdictional wetlands and waters of the United States are described in detail in Section 

3.3.4. There are no ongoing or planned development projects or facility expansions 

contingent on the implementation of the Proposed Action or any of the trust alternatives. 

Implementation of the Proposed Action or any of the trust alternatives would allow the 

continued operation of the Turning Stone Resort & Casino thereby allowing projected 

growth associated with casino operations to occur over time. This growth includes an 

increase in casino visits and an associated increase in casino employment as described in 

Section 4.7. Growth in visitors and employees would not encourage use or degradation of 

jurisdictional wetlands or waters of the U. S. Growth is not expected to result in an 
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increase in regional development or population and thus would not result in an increase in 

development that could encroach upon existing resources. 

The various taxation/jurisdictional scenarios that would apply to lands not conveyed into 

trust are described in detail in Section 4.1.3. As such, implementation of the Proposed 

Action or any of the described alternatives, including the No Action Alternative, would 

not have an effect to jurisdictional wetlands or waters of the U. S. in the Study Area. 

4.3.3.3 Cumulative Effects 

Past actions by the Nation that have effected jurisdictional wetlands include the 

construction of the Turning Stone Resort & Casino and other development on Group 1 

lands such as the Shenendoah golf course, the Villages at Turning Stone RV Park , and the 

Kaluhyat and Atunyote golf courses. The Nation determined that these actions effected 

approximately 33 acres of freshwater wetland habitat protected under Federal wetland 

regulations. The Nation also dredged in and near Oneida Lake to maintain the access 

channel to the Marion Manor Marina and deposited the sediment on the marina’s grounds 

in accordance with a U. S. Army Corps of Engineers (USACE) Nationwide Permit. 

The Nation has mitigated the loss of wetlands resulting from these projects. 

Approximately 21 acres of mitigation wetland-treatment basins were created to 

compensate for the wetland impacts resulting from the construction of the Turning Stone 

Resort & Casino complex and the RV park. In order to compensate for the loss of 

wetlands associated with the construction of the Kaluhyat and Atunyote golf courses and 

potential future wetland impacts, the Nation restored hydrology to a 75-acre wetland 

located to the west of Germany Road (Germany Road Wetland Mitigation Bank or 

GRWMB) in Verona in October 2002 (Wetland and Ecological Consultants, 2002e). The 

Nation consulted with the USACE-Buffalo District regarding the design of this wetland 

bank. 

Present actions by the Nation relate primarily to the operation and maintenance of the 

Turning Stone Resort & Casino and other business enterprises. Maintenance of the 

Nation’s golf courses includes routine mowing, which in some cases occurs within the 

100-foot buffer area of NYSDEC regulated wetlands. Mowing and maintenance of 

existing lawns is not, however, regulated under Article 24/Part 663 of the ECL; as a result, 

this action does not have a significant effect to wetlands. 

The ongoing and planned projects by the Nation are primarily associated with the Turning 

Stone Resort & Casino and the Nation’s housing program. These projects do not involve 

large-scale construction or clearing of vegetation on undeveloped lands. For example, the 

proposed improvements to the Turning Stone Resort & Casino are within its existing 

footprint. With regard to the proposed construction of member housing, the Nation’s 

building codes and ordinances prohibit the placement of residential structures within 

wetland areas. Accordingly, the proposed construction of new Nation member housing is 
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not likely to have significant effects to the wetland resources located on Nation lands or 

throughout Madison and Oneida Counties. The Nation also proposes the continuation of 

current land rental and cropping patterns, a potential increase in the size of the Black 

Angus herd, and a potential increase in crop production on Nation lands. These actions 

would have insignificant effects to wetland resources. The Nation may also need to 

perform further maintenance dredging at its marinas on Oneida Lake, but currently has no 

formal plans to do so. 

Potential actions proposed by others are listed in Section 4.1.6. There is insufficient 

information to determine whether these projects could result in potential cumulative 

effects to wetlands or other waters of the U.S. 

Based on the available information, it appears that cumulative effects of the past actions of 

the Nation have had no significant effect to the wetland resources on Nation lands or the 

surrounding areas of Madison and Oneida Counties. The Nation has employed the 

described environmental protection procedures to assess, minimize, and mitigate effects to 

wetlands. Moreover, the cumulative effects of past, present, and reasonably foreseeable 

future activities on wetland resources do not appear to have had a significant effect to 

jurisdictional wetlands and waters of the United States.