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3.9 Other Values 

3.9.1 Wilderness 

This section presents information on land areas that are subject to the federal Wilderness 

Act and New York State lands that are under the jurisdiction of the Division of Lands and 

Forests. The following section describes the regulatory framework for the designation of 

such lands, the locations of such lands within the Study Area (Madison and Oneida 

Counties), and their proximity to the Nation’s lands that are proposed for conveyance into 

trust. 

3.9.1.1 Federal Wilderness Areas 

The federal Wilderness Act (Wilderness Act) was signed by President Lyndon Johnson on 

September 3, 1964. 16 CFR Title 16, Chapter 23, Part 1131 defines wilderness as, “in 

contrast with those areas where man and his own works dominate the landscape, is hereby 

recognized as an area where the earth and its community of life are untrammeled by man, 

where man himself is visitor who does not remain. An area of wilderness is further 

defined to mean in this chapter an area of underdeveloped Federal land retaining its 

primeval character and influence, without permanent improvements or human habitation, 

which is protected and managed so as to preserve its natural conditions and which 

• Generally appears to have been affected primarily by the forces of nature, with the 

imprint of man’s work substantially unnoticeable; 

• Has outstanding opportunities for solitude or a primitive and unconfined type of 

recreation; 

• Has at least five thousand acres of land or is of sufficient size as to make 

practicable its preservation and use in an unimpaired condition; and 

• May also contain ecological, geological, or other features of scientific, educational, 

scenic or historical value.” 

The Wilderness Act established the National Wilderness Preservation System within 

existing federal agencies and comprised of existing public lands. The original lands in the 

system were U.S. Department of Agriculture Forest Service Areas (USFSA). When enacted, 

the Wilderness Act also required the National Park Service and the U.S. Fish and Wildlife 

Service, two federal agencies in the U.S. Department of Interior, to survey their lands for 

areas that meet the criteria to be designated as wilderness. In later legislation, the U.S. 

Bureau of Land Management was also mandated to survey lands for possible wilderness 

designation. These four agencies presently manage more than 600 areas that make up the 

National Wilderness Preservation System and fall into various classifications such as 

Refuges, Forests, Grasslands, Scenic Areas, Recreation Areas and Tall Grass Prairies (U. S. 

National Park Service, 2006). 
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Within Oneida and Madison Counties, there are no USFWS National Wildlife Refuges, 

USFSA National Forests, Grasslands, Scenic Areas, Recreation Areas, or Tall Grass 

Prairies. Moreover, there are no NPS National Scenic Trails, National Scenic Rivers, 

National Historic Sites, National Memorials, or National Seashores in Oneida or Madison 

Counties. There is a NPS National Monument in Oneida County located in the City of 

Rome. The Fort Stanwix National Monument is the site of an American stand in August, 

1777 against a British invasion from Canada and the location of the signing of treaties 

with the Iroquois (Treaties with The Six Nations) on November 5, 1768 and October 22, 

1784. 

None of the previously listed federal land resources are located on or adjacent to the 

Nation’s lands. 

3.9.1.2 Land Classifications 

The NYSDEC Division of Lands and Forests manages public lands in New York State and 

provides leadership in forestry and forestry management. The NYSDEC manages about 

four million acres of New York State-owned land, an area equal to approximately 13 

percent of the total land area of New York State (New York State Department of 

Environmental Conservation, 2006a). The NYSDEC classifies its lands using eight 

categories: Forest Preserves, State Forests, Reforestation Areas, Multiple Use Areas/Lands, 

Unique Areas, State Nature and Historic Preserves, Conservation Easements, and Wildlife 

Management Areas (WMAs). With the exception of WMAs, the Division of Lands and 

Forests is responsible for managing lands in these categories. Wildlife Management Areas 

are lands owned by New York State that are managed by the NYSDEC Division of Fish, 

Wildlife, and Marine Resources. WMAs have been acquired primarily for the production 

and use of wildlife. 

Wildlife Management Areas 

Three WMAs including Oriskany Flats, Rome State, and Utica Marsh are located in 

Oneida County. Only the Tioughnioga State WMA is located in Madison County. None 

of the Nation’s lands is located in these WMAs. Moreover, there are no WMAs found in 

any of the towns where the Nation’s lands are located. 

Forest Preserve 

A Forest Preserve consists of all New York State-owned lands within the Adirondack and 

Catskill Parks. Forest Preserve lands are divided into categories based on their capacity to 

withstand use. They are classified as wilderness, wild forest, canoe, primitive, intensive 

use, wild and scenic rivers, travel corridors, historic, or state administrative. These 

categories are defined in the Adirondack Park State Land Master Plan and the Catskill 

Park State Land Master Plan. 

The 300,000 acre Catskill Forest Preserve does not include any land located in Oneida or 

Madison Counties. The Adirondack Park is approximately 5.8 million acres in size, of 
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which approximately 2.6 million acres are owned and managed by New York State as 

Forest Preserve. Approximately 16,500 acres of the Adirondack Park lie within Oneida 

County (New York State Adirondack Park Agency, 2003). In addition, the Black River 

Wild Forest and Lehigh Valley Trail are located in Oneida and Madison Counties, 

respectively. None of the Nation’s lands is located within the Adirondack Park, Black 

River Wild Forest, or Lehigh Valley Trail. Moreover, there are no Forest Preserves found 

in any of the towns where the Nation’s lands are located. 

State Forests 

State Forest is a generic term which encompasses many legally defined classifications of 

lands outside the Forest Preserves. It was originally confined to Reforestation Areas, but 

has been expanded to include land parcels acquired under several Bond Acts as well as 

Conservation Easements. A 1988 revised draft Master Plan for State Forests defines this 

classification as the nearly 600,000 acres classified as Reforestation Areas and the 

approximately 100,000 acres classified as Multiple Use Lands (New York State 

Department of Environmental Conservation, 2006b). In summary, State Forests are lands 

that have been acquired by New York State, in areas outside the Adirondack and Catskill 

Parks, on which Multiple Use Area management practices may be conducted. 

There are 25 State Forests located in Oneida County and 12 State Forests located in 

Madison County (New York State Department of Environmental Conservation, 2006c; 

2006d). Table 3.9-1 lists the State Forests located in Madison and Oneida Counties. 

None of the Nation’s lands is located within any of these 37 State Forests. Moreover, 

there are no State Forests found in any of the municipalities where the Nation’s lands are 

located. 
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Table 3.9-1 

State Forests of Oneida and Madison Counties 

Oneida County State Forests Madison County State Forests 

Big Brook Beaver Creek 

Buck Hill Brookfield Railroad 

Canada Creek Charles E Baker 

Clark Hill Deruyter 

Cobb Brook Earlville 

Fall Brook Gorton Lake 

Fish Creek Lebanon 

Florence Hill Morrow Mountain 

Furnace Creek Muller Hill 

Gorton Lake Stoney Pond 

Hogsback Texas Hill 

Jackson Hill Three Springs 

Mad River 

Mount Hunger 

Penn Mountain 

Point Rock 

Popple Pond 

South Hill 

Stone barn 

Swancott Hill 

Tassell Hill 

Tri-County 

Webster Hill 

West Branch 

Woodhull 

Source: New York State Department of Environmental Conservation, 2006c; 2006d 

Reforestation Area 

Environmental Conservation Law (ECL) Section 9-0501 provides the legal mechanism for 

the acquisition of lands which are suitable for reforestation and the establishment and 

maintenance of forests outside of the Adirondack and Catskill Parks. These forests are 

managed for a variety of uses including watershed protection, production of timber and 

other forest products, and recreation. The NYSDEC may acquire in the name of New 

York State, by gift, purchase or appropriation, Reforestation Areas at least 500 contiguous 

acres in size which shall forever be devoted to the planting, growth, and harvesting of such 

forests. In accordance with ECL Section 9-0501, a Reforestation Area may be divided 

only by a highway, railroad, utility line right-of-way, canal, or stream. 

This classification is included under State Forests and, as described above, none of the 

Nation’s lands are located on State Forest land. Therefore, none of the Nation’s lands is 

located in Reforestation Areas. Moreover, there are no Reforestation Areas found in any 

of the towns where the Nation’s lands are located. 

Multiple Use Areas/Lands 

Multiple Use Areas/Lands are defined as parcels of land owned by New York State that 

were acquired for outdoor recreation, including public camping, fishing, hunting, boating, 
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winter sports and, wherever possible, also to serve multiple purposes involving the 

conservation and development of natural resources. These natural resources include the 

preservation of scenic areas, watershed protection, forestry, and reforestation. The funds 

received by New York State from the sale of bonds sold pursuant to the Park and 

Recreation Land Acquisition Bond Acts of 1960 and 1962 are used for this purpose. 

This classification is covered under State Forests and none of the Nation’s lands located on 

or adjacent to State Forest land. Therefore, none of the Nation’s lands is located in 

Multiple Use Areas/Lands. Moreover, there are no Multiple Use Areas/Lands found in any 

of the towns where the Nation’s lands are located. 

Unique Areas 

Unique Areas are defined as parcels of land owned by New York State that were acquired 

due to their special natural beauty, wilderness character, or for their geological, ecological, 

or historical significance to New York State. The Rome Sand Plains State Unique Area is 

located in Oneida County and the Nelson Swamp State Unique Area is located in Madison 

County. None of the Nation’s lands is located in or adjacent to either of these Unique 

Areas. Moreover, there are no Unique Areas found in any of the towns where the 

Nation’s lands are located. 

State Nature and Historic Preserve 

A State Nature and Historic Preserve is defined as a parcel of land owned by New York 

State that was acquired to protect the biological diversity of plants, animals, and natural 

communities and may provide a field laboratory for the observation and education in 

these relationships. These areas may also provide for the protection of places of historic 

or natural interest, as well as for passive recreational pursuits by the public. 

The NYSDEC does not use to the term Historic Preserve in their listing of New York State 

lands for any of the NYSDEC-designated regions. The terms used with respect to historic 

areas, include site, area, heritage, and primitive. Within Madison and Oneida Counties, 

the only lands that would fall within this classification are the Oriskany Battlefield State 

Historic Site and Von Steuben Memorial Historic Site, located in Oneida County, and the 

Lorenzo National Register Historic Site located in Madison County. The Oriskany 

Battlefield Site is particularly significant to the Nation as it serves as reminder of the 

contributions, including the lives of Oneida warriors, and promises the Oneidas made to 

the U.S. in defeating the British and contributing to the success of the fledgling U.S. 

government. 

None of the Nation’s lands is located within or adjacent to these Historic Sites. Moreover, 

there is no New York State Nature and Historic Preserves found in any of the towns 

where the Nation’s lands are located. 
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Conservation Easements 

A Conservation Easement is defined as a parcel of land under management of New York 

State which has an easement, covenant, restriction, or other interest in real property which 

limits or restricts its development, management, or use. The purpose of these easements is 

to preserve or maintain the scenic, open, historic, archaeological, architectural, or natural 

condition, character, significance, or amenities of the real property. There are no 

Conservation Easements located in Madison or Oneida Counties. Therefore, the Nation’s 

lands are not located on or adjacent to a Conservation Easement. 

3.9.2 Noise and Light 

3.9.2.1 Noise 

Introduction 

This section presents ambient noise conditions characteristic of the Nation’s lands. A 

noise monitoring program was implemented to measure ambient noise conditions in the 

vicinity of the Nation’s lands. Noise monitoring locations were selected to represent 

general areas where Nation lands are located. The monitoring locations were not selected 

or intended to represent specific land uses within a land Grouping. In some cases, parcels 

from different land Groupings (and with different land uses in some cases) are located 

adjacent to each other and share very similar ambient noise characteristics. The principal 

land uses found on the Nation’s lands include residential, retail/commercial, 

agricultural/farming, governmental, gaming recreation, and undeveloped properties 

situated in urban, suburban, and rural landscapes. 

Characteristics of Noise 

Perception of Noise

Noise is defined as any loud, discordant, disagreeable, or unwanted sound or sounds. 

Numerous environmental factors determine the level or perceptibility of sound. These 

factors include the distance from the source of sound to receptor, surrounding terrain, 

ambient sound level, time of day, wind direction, temperature gradient, and relative 

humidity. Characteristics of a sound are also important in determining the perception of 

sound as noise. The amplitude (loudness), frequency (pitch), impulse patterns, and 

duration of sound all affect the potential for a sound to be perceived as a noise. The 

combination of sound characteristics, environmental factors, and the physical and mental 

sensitivity of a receptor to a sound determine whether or not a sound will be perceived as 

a noise. Noise levels are measured in units called decibels. These measurements are 

adjusted or weighted to correspond to the frequency response of the human ear. The Aweighted sound level, or dBA, is used in view of its widespread recognition and its close 

correlation with human perception of noise. 

The average ability of an individual to perceive changes in noise levels is well documented. 

Generally, most people cannot perceive changes in noise levels less than 2 to 3 dBA, a 
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change of 5 dBA is readily noticeable to the average person, a change in 10 dBA is 

normally perceived as doubling (or halving) of loudness, and a change of 20 dBA is a 

dramatic change in sound (Bolt, Breakneck, Newman, Inc., 1973). These noise level 

increments permit a direct estimation of an individual’s probable perception of noise. 

These noise level changes also can serve as a criteria or threshold for determining whether 

noise levels may create a potentially significant impact or not 

Noise Metrics

In order to describe fluctuating noise levels over a specific period of time, various 

statistical noise descriptors are used. The Leq is the equivalent steady-state noise level that, 

in a stated period of time, contains the same acoustic energy as the time-varying sound 

level during the same time period. It also accounts for both the duration and the 

magnitude of a noise. The 1-hour Leq orL Leq(1), is commonly used to evaluate noise 

concerns by municipal and regulatory agencies since it can be used to identify peak and 

non-peak hours of noise generating activities. For this discussion, the Leq(1)will be 

designated as Leq. 

The Day-Night Sound Level (DNL), or Ldn, is a 24-hour average sound level, or Leq(24)

expressed with a 10 decibel penalty for sound levels which occur at night between 10 P.M. 

and 7 A.M. The penalty is added to reflect increased sensitivity to noises during night 

hours when interference with sleep is of greatest concern. Typically, the Ldn applies to 

residential uses or other land uses where nighttime sensitivity is a concern. 

The Ldn and the maximum daytime hourly Leq, generally have similar values (as a result of 

the 10 dBA penalty). For a typical noise environment, the daytime or early evening Leq can 

be used for evaluating noise impacts where nighttime sensitivity is not a factor. For this 

proposed action, both the one-hour average sound level, Leq, and the day-night sound level, 

Ldn, are reported. 

Regulatory Framework 

Federal

The U.S. Department of Housing and Urban Development (HUD) revised its noise 

regulations (24 CFR Part 51B) in 1979. The regulation establishes standards, assigns 

implementation responsibilities, describes review and approval procedures, and identifies 

special situations which may warrant waivers of procedures and standards. 

For community noise, HUD views transportation sources such as highways, railroads and 

airports as the most pervasive source of noise. Additionally, at any given site, construction 

noise sources can also add to community noise problems. Community noise problems 

(impacts) vary from location to location and typically are a function of what type of 

activity is taking place at the receiver, whether the receiver is indoors or outdoors, and 

what type of building the receiver is in if indoors. 
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As a result, HUD has established noise limits based on land use types, as shown in Table 

3.9-3. For this Proposed Action, land use categories include residential, transient lodging, 

schools, office buildings, commercial, public right-of-ways, and livestock farming. 

New York State

The NYSDEC adopted the Assessing and Mitigating Noise Impacts Program Policy for 

performing environmental noise impact assessments for new projects in October, 2000 

(later amended in June, 2003). The noise policy presents noise impact assessment 

methods, examines the circumstances under which sound creates significant noise impacts, 

and identifies avoidance and impact reducing measures to lessen or eliminate noise impacts 

in the environment. 

The noise policy provides impact thresholds for evaluating projects in non-industrial and 

industrial/commercial areas. For non-industrial settings (i.e. residences, parks, libraries, 

etc.), the sound pressure level (SPL) should not raise the ambient noise level above a 

maximum of 65 dBA. This is considered the upper end limit since 65 dBA allows for 

undisturbed speech at a distance of three feet between people. Ambient noise SPLs in 

industrial/commercial areas may exceed 65 dBA with a high end of approximately 79 

dBA. NYSDEC noise limits for land use categories found on or near the Nation’s lands 

are presented in Table 3.9-2. 

Local

The Nation’s lands are located in 18 different municipalities throughout Madison and 

Oneida Counties. These municipalities primarily consist of rural and suburban landscapes 

where ambient noise levels are traditionally low. As such, many of these municipalities 

have not enacted noise ordinances as part of their local law. For several of the 

municipalities with more urban landscapes (i.e., City of Oneida, Town of Canastota, etc.) 

local noise ordinances exist. These noise ordinances are typically non-specific in nature 

(without established noise limits in some cases) and focus on regulating nuisance 

community noise such as loud stereos, various types of vehicles (mufflers), construction 

activities, power equipment, animals, etc. In contrast, both the HUD and the NYSDEC 

noise guidelines focus on environmental planning with established noise limit criteria. 

Where noise limits are provided in local noise ordinances, the noise limits are typically 

reported for Leq values, with similar noise limits provided in the NYSDEC noise guidelines. 

In a letter to Malcolm Pirnie, Inc., dated July 7, 2006, the Madison County Planning 

Department states that the County does not regulate noise levels within communities or 

maintain comprehensive file of ordinances for the same. As afforded by the New York 

State’s home-rule, noise may be regulated by the local municipalities themselves through 

their local land use or zoning laws. These laws are filed with the New York State 

Department of State. 
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Noise Monitoring Methodology 

A total of 23 noise monitoring locations (NMLs) were selected to characterize ambient 

noise conditions surrounding representative Nation lands. These data collected at these 

NMLs represent the cumulative noise conditions from both community noise sources and 

noise sources on the Nation’s lands. The NMLs were located in both developed and 

undeveloped areas and included locations in the City of Oneida as well as 

farmland/agricultural crops in the countryside. The NMLs are described below and 

shown in Figure 3.9-1: 

• NML 1: Parcel 9 – Casino Main Entrance; 

• NML 2: Parcels 9/10 - Casino Entrance on Patrick Road near Golf Dome; 

• NML 3: Parcels 9/10 - Casino Valet Parking Lot/SavOn gas station and 

 convenience store at Route 365 and Patrick Road; 

• NML 4: Parcels 70/71 - SavOn gas station and convenience store at NYS 

Routes 365 and 31; 

• NML 5: Parcel 190 - Vacant residence/farmland on NYS Route 31 near 

Middle School; 

• NML 6: Parcel 244 - Farmland on Cooper Street; 

• NML 7: Parcel 62 - Agricultural crops on Conley Road; 

• NML 8: Parcel 16 - Vacant office building on Route 5; 

• NML 9: Parcel 99 - Vacant residence/agricultural crops on Spring Street; 

• NML 10: Parcel 199 - Vacant residence on NYS Route 31; 

• NML 11: Parcel 231 - SavOn gas station and convenience store on NYS 

Route 5 near Plaza Mart and Hood Dairy; 

• NML 12: Parcels 79/80 - SavOn gas station and convenience store gas station 

and convenience store on NYS Route 13 near Boxing Hall of Fame; 

• NML 13: Parcel 291 - Agricultural land adjacent to North Main Street and 

I-90; 

• NML 14: Parcel 219 - SavOn gas station and convenience store near NYS 

 Routes 31 and 13; 

• NML 15: Parcel 159 - Vacant residence/farmland on Whitelaw Road; 

• NML 16: Parcels 313/327 - Snug Harbor Marina; 

• NML 17: Parcel 4 - Entrance of Village of White Pines Residences; 

• NML 18: Parcel 178 - Vacant residence on NYS Route 46; 

• NML 19: Parcels 223/224 - Undeveloped land on Dwyer Road; 

• NML 20: Parcel 235 - Vacant residence/farmland on NYS Route 31; 
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• NML 21: Parcel 132 - Farmland on Peterboro Road; 

• NML 22: Parcel 171 - Historical Dungey site on East Hill Road; and 

• NML 23: Parcel 310 - Vacant residence/farmland on Morris Road. 

Ambient noise monitoring at each NML occurred for an approximate 24-hour period 

from May 12, 2006 to May 17, 2006. Weather conditions during this time period were 

typically overcast with periodic sunshine and a few short-term rain events. Wind 

conditions were typically calm (less than 12-15 mph) with a temperature range between 

40 ̊ F and 60 ̊ F for day and night conditions. These weather conditions are typical of the 

region’s spring season. 

At some NMLs, ambient noise monitoring was less than a 24-hour period due to heavy 

rain. Ambient noise levels were logged (over 30 minute intervals) continuously with Bruel 

& Kjaer 2236/2238 Type 1 precision sound level meters. The sound level meter 

microphones were setup a minimum of five feet from the ground or solid surfaces (i.e., 

walls, buildings) that could reflect sound waves and possibly elevate the reported noise 

conditions. Following each measurement period, the logged data were downloaded from 

the sound level meters and the Leq noise levels were averaged to calculate the individual 

daytime and nighttime average hourly Leq sound levels; as well as the Ldn sound levels. 

At a minimum, each sound level meter was calibrated at the start and finish of the 

monitoring program. 

Existing Conditions 

Measured ambient noise conditions within the Study Area were comprised of noise sources 

on the Nation’s lands and the surrounding community. Noise monitoring results for the 

Nation’s lands and the surrounding community are presented along with NYSDEC and 

HUD Noise limits in Table 3.9-2 and -3. During the daytime, the primary noise sources 

included vehicle traffic, yard work and landscaping, farming, and recreational activities. 

In the evening, noise sources were limited to reduced vehicle traffic and naturally derived 

(insects and wildlife). Although some industry is located with Madison and Oneida 

Counties, no significant noise was observed from these entities in the vicinity of the 

NMLs. The commercial rail line and I-90 are noticeable noise sources in the Study Area, 

both during the daytime and evening. These transportation routes provide primary east to 

west commuter and shipping access across central New York State. In general, the 

daytime average Leq noise levels at the 23 measured NMLs were louder than the nighttime 

noise levels. 

For Group 1 lands, ambient Leq noise levels measured at NMLs 1 to 6 ranged from 56 to 

67 dBA Leq for the daytime and 51 to 64 dBA Leq for the nighttime, with an Ldn range of 58 

to 71 dBA. The daytime average Leqs were typically 2 to 6 dBA higher than the nighttime 

average Leqs. With the exception of NML 5, all ambient noise levels measured were below 

both the NYSDEC and HUD noise limits for their respective land uses as shown in Tables 
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3.9-2 and 3.9-3. At NML 5, a daytime average Leq of 67 dBA was reported, 2 dBA above 

the NYSDEC 65 dBA Leq noise limit. The corresponding Ldn was 69 dBA, 4 dBA above the 

HUD 65 dBA Ldn noise limit. Elevated noise levels in this area were the result of high 

speed travel (55 mph) along NYS Route 31 in that area. The land uses for this land 

grouping primarily consisted of residential, retail/commercial, gaming, golf courses, 

agricultural/farming, and undeveloped properties. Vehicle traffic from activities on both 

the Nation’s lands and the surrounding community were the dominant source of noise at 

each NML. 

Ambient noise levels near Group 2 lands (NMLs #7 to #18, #20) ranged from 57 to 68 

dBA Leq for the daytime and 43 to 63 dBA Leq for the nighttime, with an Ldn range of 57 to 

71 dBA. The daytime average Leqs were typically 0 to 21 dBA higher than the nighttime 

average Leqs. At NML #17, grass cutting activities at the Village of the White Pines 

residences between 11 a.m. and 2 p.m. resulted in elevated noise levels for that area. 

These activities were within five feet of the sound level meter at times and resulted in 

measured 30-minute Leqs as high as 75 dBA. In the absence of these activities, and the 

ambient data normalized to typical conditions, the 30-minute Leqs would have been in the 

55 dBA range and would have reduced the difference between the daytime Leq and the 

nighttime Leq from 0 to 21 dBA to 0 to 12 dBA. All the measured ambient noise levels 

were below both the NYSDEC and HUD noise limits for their respective land uses. The 

land uses on Group 2 lands primarily consisted of residential, retail/commercial, gaming, 

agricultural/farming, public right-of-ways, and undeveloped properties. Vehicle traffic 

from activities on both the Nation’s lands and the surrounding community were the 

dominant source of noise at each NML. For NML #7, noise from the commercial rail line 

contributed to the elevated noise levels during the nighttime hours resulting in the same 

average daytime and nighttime Leq for this NML. 
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Table 3.9-2 

Baseline Ambient Noise Monitoring Results 

Noise Monitoring Locations Nation 

Lands 

NYSDEC 

Noise Policy 

Land Use 

Classification 

Daytime 

(7 A.M. to 

10 P.M.) 

Average Leq 

(dBA) 

Nighttime 

(10 P.M. to 

7A.M.) 

Average Leq 

(dBA) 

NYSDEC 

Noise 

Limit 

Leq 

(dBA) 

1 - Parcel 9 – Turning Stone Resort & Casino Main 

Entrance 1 Industrial/commercial 66 64 80 

2 – Parcels 9/10 - Turning Stone Resort & Casino 

Entrance on Patrick Road near Golf Dome 1 Industrial/commercial 64 63 80 

3 – Parcels 9/10 - Turning Stone Resort & Casino 

Valet Parking Lot/SavOn gas station and 

convenience store at NYS Route 365 and Patrick 

Road 

1 Industrial/commercial 61 58 80 

4 – Parcels 70/71 - SavOn gas station and 

convenience store at NYS Routes 365 and 31 1 Industrial/commercial 67 64 80 

5 - Parcel 190 - Vacant residence/farmland on 

NYS Route 31 near Middle School 1 Non-industrial 67 61 65 

6 – Parcel 244 – Farmland on Cooper Street 1 Industrial/commercial 56 51 80 

7- Parcel 62 - Agricultural crops on Conley Road 2 Industrial/commercial 62 62 80 

8 - Parcel 16 - Vacant office building on NYS 

Route 5 2-3 Industrial/commercial 63 57 80 

9 - Parcel 99 - Vacant residence/agricultural crops 

on Spring Street 2-3 Non-industrial 56 48 65 

10 - Parcel 199 - Vacant residence on NYS Route 

31 2 Non-industrial 64 60 65 

11 - Parcel 231 - SavOn gas station and 

convenience store on NYS Route 5 near Plaza 

Mart and Hood Dairy 

2 Industrial/commercial 64 58 80 

12 - Parcels 79/80 - SavOn gas station and 

convenience store on NYS Route 13 near Boxing 

Hall of Fame 

2 Industrial/commercial 62 61 80 

13 - Parcel 291 - Agricultural land adjacent to 

North Main Street and I-90 2 Industrial/commercial 60 56 80 

14 - Parcel 219 - SavOn gas station and 

convenience store near NYS Routes 31 and 13 2 Industrial/commercial 64 57 80 

15 - Parcel 159 - Vacant residence/farmland on 

Whitelaw Road 2 Non-industrial 57 47 65 

16 - Parcels 313/327 - Snug Harbor Marina 2 Industrial/commercial 60 53 80 

17 - Parcel 4 - Entrance of Village of White Pines 

Residences 2 Non -industrial 64 43 65 

18 - Parcel 178 - Vacant residence/farmland on 

NYS Route 46 2 Industrial/commercial 68 63 80 

19 - Parcels 223/224 - Undeveloped land on 

Dwyer Road 3 Industrial/commercial 55 50 80 

20 - Parcel 235 - Vacant residence/farmland on 

NYS Route 31 2-3 Industrial/commercial 62 56 80 

21 – Parcel 132 - Farmland on Peterboro Road 3 Industrial/commercial 54 52 80 

22 - Parcel 171 - Historical Dungey site on East 

Hill Road 3 Non-industrial 53 47 65 

23 - Parcel 310 - Vacant residence/farmland on 

Morris Road 3 Non-industrial 52 45 65 

Notes: 

1. Noise Limits listed in Table 3.9-2 are based on New York State Department of Environmental Conservation’s 

Assessing and Mitigating Noise Impacts Program Policy (2003). Noise limits are specific to each land use classification 

and are the same for daytime/nighttime conditions. 

2. Bolded ambient noise levels represent noise conditions above the New York State Department of Environmental 

Conservation’s noise limits. 
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Table 3.9-3 

Baseline Ambient Noise Monitoring Results 

Noise Monitoring Locations Nation 

Lands 

HUD 

Noise 

Regulation 

Land Use 

Classification 

Day-Night 

Sound 

Level Ldn 

(dBA) 

HUD 

Ldn 

Noise 

Limit 

(dBA) 

1 - Parcel 9 – Turning Stone Resort & Casino Main 

Entrance 1 Commercial 71 65-75 

2 - Parcels 9/10 – Turning Stone Resort & Casino 

Entrance on Patrick Road near Golf Dome 1 Commercial 70 65-75 

3 - Parcels 9/10 – Turning Stone Resort & Casino 

Valet Parking Lot/SavOn gas station and 

convenience store at NYS Route 365 and Patrick 

Road 

1 Commercial 65 65-75 

4 - Parcels 70/71 - SavOn gas station and 

convenience store at NYS Routes 365 and 31 1 Commercial 71 65-75 

5 - Parcel 190 - Vacant residence/farmland on NYS 

Route 31 near Middle School 1 Residential 69 60-65 

6 - Parcel 244 - Farmland on Cooper Street 1 Agricultural 58 75-95 

7- Parcel 62 - Agricultural crops on Conley Road 2 Agricultural 69 75-95 

8 - Parcel 16 - Vacant office building on NYS Route 

5 2-3 Commercial 65 65-75 

9 - Parcel 99 - Vacant residence/agricultural crops 

on Spring Street 2-3 Residential 57 60-65 

10 - Parcel 199 - Vacant residence/agricultural 

crops on NYS Route 31 2 Agricultural 67 75-95 

11 - Parcel 231 - SavOn gas station and 

convenience store on NYS Route 5 near Plaza Mart 

and Hood Dairy 

2 Commercial 66 65-75 

12 - Parcels 79/80 - SavOn gas station and 

convenience store on NYS Route 13 near Boxing 

Hall of Fame 

2 Commercial 68 65-75 

13 - Parcel 291 - Agricultural land adjacent to North 

Main Street and I-90 2 Agricultural 64 75-95 

14 - Parcel 219 - SavOn gas station and 

convenience store near NYS Routes 31 and 13 2 Commercial 65 65-75 

15 - Parcel 159 - Vacant residence/farmland on 

Whitelaw Road 2 Residential 57 60-65 

16 – Parcels 313/327 - Snug Harbor Marina 2 Commercial 61 65-75 

17 - Parcel 4 - Entrance of Village of White Pines 

Residences 2 Residential 62 60-65 

18 - Parcel 178 - Vacant residence on NYS Route 

46 2 Agricultural 71 75-95 

19 - Parcels 223/224 - Undeveloped land on Dwyer 

Road 3 

Extensive 

Natural 

Recreation Area 57 60-75 

20 - Parcel 235 - Vacant residence/farmland on 

NYS Route 31 

3 Farming 64 60-75 

21 – Parcel 132 - Farmland on Peterboro Road 3 Agricultural 59 75-95 

22 – Parcel 171 - Historical Dungey site on East Hill 

Road 3 Farming 55 60-75 

23 - Parcel 310 - Vacant residence/farmland on 

Morris Road 3 Agricultural 54 75-95 

Notes: 

1. Noise Limits listed in Table 3.9-3 are based on U.S. Department of Housing and Urban Development (2004). Noise 

limits are specific to each land use classification and are the same for daytime/nighttime conditions. 

2. Bolded ambient noise levels represent noise conditions above the U.S. Department of Housing and Urban 

Development’s noise limits. 
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Ambient noise levels near Group 3 lands (NMLs #8 to #9, #19 to 23) ranged from 52 to 

63 dBA Leq for the daytime and 45 to 57 dBA Leq for the nighttime, with an Ldn range of 54 

to 65 dBA. The daytime average Leqs were typically 2 to 7 dBA higher than the nighttime 

average Leqs. The ambient noise levels near the Group 3 lands were typically lower than 

the recorded noise levels for Groups 1 and 2 lands since the Group 3 lands were 

predominantly undeveloped, agricultural, or farming in rural areas. All ambient noise 

levels measured were below both the NYSDEC and HUD noise limits for their respective 

land use area. Vehicle traffic from community activities were the dominant source of 

noise at the NMLs located near Group 3 lands. 

Noise Characteristics of Nation Lands 

Noise monitoring results for the Nation’s lands and the surrounding community are 

presented along with NYSDEC and HUD Noise limits in Table 3.9-2 and Table3.9-3. In 

general, louder ambient noise conditions typically occurred during daytime hours at the 23 

NMLs. These noise levels were primarily the result of vehicle traffic and other community 

activities since industrial and commercial activities are limited within the Study Area. 

With the exception of NML 5, the noise conditions at each NML were below the 

NYSDEC and HUD noise limits and are typical of rural/suburban noise conditions. At 

NML 5, elevated noise conditions likely occurred as a result of the high speed vehicular 

traffic along the long flat stretch of Route 31 where vehicle speeds easily exceed 55 mph at 

times. The detailed noise data recorded at each NML location is provided in Appendix H. 

Ambient noise conditions on the Nation’s lands reflect and are consistent with the land 

uses of adjacent and surrounding lands. There typically is no distinguishable difference in 

noise conditions between the three different Groupings of the Nation’s lands as the parcels 

are mixed in amongst each other and often collectively contribute to the ambient 

conditions in a particular area with other non-Nation lands (noise sources). Parcels in 

more developed areas, like the Turning Stone Resort & Casino, tend to have higher 

ambient noise conditions due to higher traffic volumes; parcels in less developed areas 

reflect lower ambient noise conditions typical of an open, agricultural-rural countryside. 

Therefore, noise is not an issue and not a factor in discriminating one Grouping or set of 

parcels from another. Stated another way, ambient noise associated with the lands 

proposed for conveyance into trust is not a significant factor in considering which parcels 

or Grouping to be transferred into trust. 

3.9.2.2 Light 

Introduction 

This section discusses the visual character of outdoor light generating development in 

Madison and Oneida Counties, focusing on a Study Area identified as a ten-mile radius of 

the Turning Stone Resort & Casino. Light generating development can have potentially 

damaging effects on the aesthetics of an area causing adverse health effects in humans, 

obscuring stars, interfering with astronomical observatories, and disturbing wildlife 
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(Wikipedia, 2005). Generally, areas that have highly concentrated populations or are 

designated as industrial zones produce significant amounts of light. As the viewer leaves 

these areas, the amount of light diminishes. In rural settings, patterns of light are scattered 

and negative effects are minimized. 

Light generating development in the Study Area includes residential, commercial, and 

industrial structures, as well as roadway lighting and associated traffic. Major roadways 

include I-90, which runs through the middle of the Study Area, as well as several New 

York State roads including NYS Route 5, NYS Route 13, NYS Route 26, NYS Route 31, 

NYS Route 316, and NYS Route 365. Several commercial clusters of gas stations, 

convenience stores, restaurants, and shopping areas exist within the Study Area near 

Oneida Lake, the City of Oneida, and the City of Rome. 

Nation Lands 

Light generating development on the Nation’s lands is located on the properties of the 

Turning Stone Resort & Casino and at the 13 SavOn gas stations and convenience stores. 

The Nation installed special coatings on the first floor windows of the Turning Stone 

Resort & Casino buildings to reduce glare. Glare is the result of excessive contrast 

between bright and dark areas in the field of view. 

A field reconnaissance to observe major light sources was conducted at nighttime in 

March, 2006. The Turning Stone Resort & Casino was observed from the intersection of 

NYS Route 365 and Patrick Road. The SavOn gas station and convenience store located 

in the Village of Canastota was observed from the intersection of NYS Routes 13 and 31 

and the SavOn gas station and convenience store at Beach Mart was observed from NYS 

Route 13. Over illumination, the excess use of unnecessary light, was not observed at any 

of these properties. At the observed properties, fixtures were positioned to direct light onto 

important areas like parking lots and entrances. Stray light was not observed emanating 

from Nation lands. Both SavOn gas stations and convenience stores appeared to emit the 

same amount of light as other local gas stations. Based on observations of properties 

adjacent to the gas stations, it was determined that light was not overflowing onto these 

adjacent properties. 

The Turning Stone Resort & Casino did not distort or obscure astronomical views from 

adjacent residences. While light from the Tower at Turning Stone, the 19 story hotel at the 

Turning Stone Resort & Casino, could be seen while driving on I-90, it did not appear to 

be a distraction for motorists. Rather, motorists would regard this amount of light as 

similar to other commercial structures in the area. 
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3.9.3 Visual 

3.9.3.1 Introduction 

This section presents the results of an analysis of the existing visual character of lands in 

Madison and Oneida Counties. There is particular emphasis on visual resources and 

viewsheds within a 10-mile radius of the Turning Stone Resort & Casino. According to 

NYSDEC policy, a visual impact consists of the following components: 

• The evaluation of visual and aesthetic impacts from a proposed project 

• The explanation of potential views that may be affected by a proposed project 

• The identification of measures to avoid, mitigate or reduce adverse impacts 

In a typical visual impact assessment, an assessment is made of the likely visual impacts 

that would occur as a result of a proposed action. This process involves three major visual 

components: visual contrast, project dominance, and visual impairment. Visual contrast 

considers the forms, lines, colors, and textures that exist in a Study Area. Project 

dominance determines if a proposed action’s scale and spatial relationship are consistent 

with an existing landscape. Visual impairment seeks to determine if a potential action will 

result in a blockage of higher quality visual elements (i.e. scenic vistas) by lower quality 

elements (i.e. smokestacks). 

Each visual component can be compiled through a field review of the Study Area and 

consultation with planning documents. A proposed action can be classified as having low, 

medium, or high compatibility. A measure of low compatibility would indicate that a 

proposed action is inconsistent with the Study Area. High compatibility would indicate 

that a proposed action is consistent with the visual values in the Study Area. 

This analysis differs from a traditional visual impact assessment, as it examined an existing 

visual environment and structures, rather than proposed new construction that would 

introduce a new visual element into a viewshed. No new structures or development is 

proposed by the Nation as part of their application to convey lands into trust. The three 

major visual components were considered in evaluating Nation structures versus nonNation structures. It should be noted that visual character does not consider elements of 

beauty or artistic preference. 

3.9.3.2 Study Area 

NYSDEC policy recommends a minimum five-mile radius for conducting visual impact 

assessments for most projects and a greater radius for large activities. Given the height and 

scale of the Turning Stone Resort & Casino and its location in an area of lower elevation, 

the Tower at Turning Stone would likely be visible beyond a standard five-mile radius. 

Moreover, the NYSDEC Aesthetics Handbook states that “when the action consists of 

very large structures, involves a substantial alteration of many acres, or occurs in very 

sensitive locales...ten miles is preferred.” Therefore, the Study Area for the visual analysis 
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includes an area within a 10-mile radius of the Turning Stone Resort & Casino. As the 

analysis conducted for this Draft EIS includes an evaluation of existing structures, the 

Study Area also includes portions of the Towns of Vernon, Verona, Stockbridge, Lenox, 

and Westmoreland, and the Cities of Oneida, Rome, and Sherrill. 

3.9.3.3 Regional Context 

The Study Area is characterized by a mixture of commercial, residential, and agricultural 

lands. Portions of the Study Area feature wooded areas and mature vegetation that is 

greater than 100 feet in height. Ground elevations vary from 380 feet amsl near Oneida 

Lake to over 1,000 feet at Crescent Avenue in the City of Oneida. Topography is 

relatively flat in the vicinity of Oneida Lake and is characterized by numerous hills and 

valleys in the south and eastern portions of the Study Area in the Towns of Stockbridge 

and Westmoreland. The Study Area also includes the I-90, which runs through the middle 

of the area, as well as several New York State roads, including NYS Route 5, NYS Route 

13, NYS Route 26, NYS Route 31, NYS Route 316, and NYS Route 365. 

Historically, the visual character of the Study Area was primarily rural in nature with 

small areas of commercial and residential development. Over the past century, the overall 

region, including the Study Area, experienced a change in its economic base. In particular, 

the economic base shifted from an agricultural economy toward an industrial economy. 

This shift, as well as a subsequent rise in the service sector, produced a mixture of land 

uses and buildings throughout the landscape. Although still primarily agricultural in 

nature, the Study Area does feature multiple types of commercial, industrial, and 

residential structures. See Section 3.2 Land Resources for a discussion of land resources. 

3.9.3.4 Nation Lands 

Consistent with this changing landscape, the Nation reacquired 58 properties comprised of 

55 Nation parcel designations that contained a variety of old structures with many of 

them in substandard condition (Appendix I). These structures ranging from mobile 

homes, apartments, hotels, and auto garages to sheds, log cabins, barns, and silos were 

found on eight Group 1, 29 Group 2, and 17 Group 3 parcels. 

As decreed by the Nation, demolition procedures on their lands are initiated when 

substandard structures are present on properties identified as candidates for demolition 

(Appendix I). The Nation’s Office of Safety and Public Works is required to issue a Land 

Use Building Permit upon completion of the Nation’s pre-demolition procedures before 

any structure can be demolished. These pre-demolition procedures include an initial 

inspection by the engineering coordinator of the Nation’s Construction and Design 

Department, historical research by the Nation’s historian and archaeologist, and if 

demolition is required an inspection by the Nation’s Project Manager and Environmental 

Planning Manager in order to determine if the structure contains hazardous materials. 
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When demolition is completed, the Nation utilizes the services of a waste hauler to remove 

both hazardous and non-hazardous debris to the appropriate landfill and/or waste facility. 

After demolition procedures have been completed at a particular property, the site is 

seeded and graded which prompts the Project Manager to submit a final report to the 

Office of Safety and Public Works. As of middle of 2006, a total of three Group 1, five 

Group 2, and one Group 3 parcels have completed demolition procedures while the status 

of the remaining 46 parcels is pending according to the Nation. 

A digression in the current landscape on Nation lands includes a relatively new 

commercial structure and well-known visual element, the Turing Stone Resort & Casino. 

The Tower at Turning Stone is the tallest building between the Cities of Albany and 

Syracuse, standing at 253 feet, and “features an E-glass roof line with numerous curving 

arches and interior lines. It is designed to let in natural light and is of a neutral grey color 

with turquoise exterior accents” (McGraw Hill, 2005). The adjoining three-story hotel 

and casino, shown in Photos 1 and 2, form an S-shape. 

Photo 1 

Turning Stone Resort & Casino with the Tower at Turning Stone 
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Photo 2 

The Hotel at Turning Stone 

Both structures were designed in a contemporary style and consist primarily of stone, 

glass, and concrete. It is anticipated that local residents have become accustomed to the 

long-standing presence of the Turning Stone Resort & Casino complex, while visitors to 

the region will view the complex in the context of its visual setting. 

In most cases, natural materials and contemporary designs are featured in the architecture 

of existing buildings constructed by the Nation on its properties. 

The Clubhouse at the Shenendoah Golf Club that is featured in Photo 3 is typical of the 

Nation’s newly built structures, as it has numerous windows, stone facing, manicured 

grounds, and a rustic contemporary style. 
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Photo 3 

The Club House at the Shenendoah Golf Club 

Photo 4 

The Club House at the Atunyote Golf Club 
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Photo 5 

Nation Member Residence 

Nation housing is compatible in form, line, and material usage with residential housing in 

Madison and Oneida Counties. There does not appear to be one dominant housing style 

in either county. Rather, residential homes in Oneida and Madison Counties feature 

architectural styles including, but not limited to, Victorian, contemporary, colonial, 

modern, and mid-century modern. The exteriors of these structures are comprised of 

various combinations of brick, stone, wood, cement, and siding. The condition of 

structures in Madison and Oneida Counties is also varied, as some residences are better 

preserved than others. In these two counties, it is typical to view several architectural 

styles within each community. 

Nation residences include new construction, as well as refurbished structures. Photo 5 

features a recently constructed bi-level residence. This residence and other member 
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housing is similar to other residential structures in Madison and Oneida Counties. In 

general, Nation housing features well maintained lawns and landscaping. 

The Nation’s agricultural facilities include the Heifer Hotel, a dairy facility, shown in 

Photo 6. The building is comprised of corrugated metal and is surrounded by grazing 

lands and residential homes. Farming, and structures associated with farming activities, 

has long been a feature of the central New York region. 

Photo 6 

Agricultural Facility 

The Nation’s commercial facilities include the SavOn gas stations and convenience stores, 

which are similar in appearance to other gas stations in the Study Area. SavOn stations 

and convenience stores, such as the one pictured in Photo 7, are built to the same scale as 

similar structures and feature bright coloring to attract customers. 
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Photo 7 

SavOn Gas Station and Convenience Store 

Over the past decade, the Nation has also renovated existing structures and improved 

tribal lands. For example, in 1999 Nation housing officials worked to beautify the 32-

acres by improving the main road, installing a sidewalk, and planting several trees. 

Photo 8/9 

Nation’s Marinas 

3.9.3.5 Visual Resource Methodology 

The first step of the visual resource methodology involved establishing a ten-mile radius 

Study Area around the central control point. The Tower at Turning Stone located at the 

Turning Stone Resort & Casino was selected as the central control point because it is the 

tallest and most visible structure in the area. The height of this structure produces the 

widest geographic extent of visibility during both day and nighttime viewing. 
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3.9.3.6 Inventory of Study Area Resources 

An inventory was compiled of potentially sensitive resources in this area. In developing 

this inventory, potential aesthetic, and visual resources within the ten-mile radius were 

identified using the list developed for the NYSDEC, as well as county resource data 

obtained from official Madison and Oneida County websites. The initial list of resources 

consisted of public natural resources and public lands, but did not include roadways or 

private property. The categories of potentially sensitive resources and those resources 

identified in the Study Area are as follows: 

• New York State/National Register of Historic Places [16 U.S.C. § 470a et seq., 

Parks, Recreation, and Historic Preservation Law Section 14.07] - Mt. Hope 

Reservoir and Main-Broad-Grove St. Historic District; 

• New York State Parks [Parks, Recreation, and Historic Preservation Law Section 

3.09] - Old Erie Canal State Park and Verona Beach State Park; 

• Urban Cultural Parks [Parks, Recreation, and Historic preservation Law Section 

35.15] - None exist within the Study Area; 

• New York State Forest Preserve [NYS Constitution Article XIV] - None exist 

within the Study Area; 

• National Wildlife Refuges [16 U.S.C. 668dd] - None exist within the Study Area; 

• New York State Game Refuges and Wildlife Management Areas [ECL 11-2105] - 

None exist within the Study Area; 

• National Natural Landmarks [36 CFR Part 62] - None exist within the Study 

Area; 

• National Park System, Recreation Areas, Seashores, Forests [16 U.S.C. 1c] - None 

exist within the Study Area; 

• Rivers Designated as National or New York State Wild, Scenic or Recreational [16 

U.S.C. Chapter 28, ECL 15-2701 et seq.] - None exist within the Study Area; 

• Any Site, Area, Lake, Reservoir, or Highway Designated or Eligible for 

Designation as Scenic [ECL Article 49 or DOT equivalent and APA designated 

New York State Highway Roadside] - None exist within the Study Area; 

• Scenic Areas of Statewide Significance [Article 42 of Executive Law] - None exist 

within the Study Area; 

• A New York State or federally Designated Trail [16 U.S.C. Chapter 27 or 

equivalent] - None exist within the Study Area; 

• New York State Nature and Historic Preservation Areas [Section 4 of Article XIV 

of the State Constitution] - None exist within the Study Area; 

• Bond Act Properties Purchased Under Exceptional Scenic Beauty or Open Space 

Category - None exist within the Study Area; 

• and Properties of Local Significance - Sunset Lake, Bakers Reservoir, and Oneida 

Lake near Hidden Harbor. 
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3.9.3.7 Initial Viewshed 

An initial viewshed map was created, using Digital Elevation Models (DEMs) and GIS 

software, to identify potential views of the Tower at Turning Stone from within the Study 

Area. A viewshed map shows the geographic area from which a proposed action may be 

seen (Aesthetics Handbook). A DEM is a representation of the topography of the earth or 

another surface in digital format by coordinates and numerical descriptions of altitude. 

GIS is a system for creating and managing spatial data and associated attributes 

(Wikipedia, 2005). Areas, from which views of the Tower at Turning Stone may be 

obscured, due to existing ground elevations, were coded in gray on the viewshed map (see 

Figure 3.9-2); whereas points from which the Tower at Turning Stone may be visible were 

coded in mustard-green. The mustard-green coloring indicates a potential view of the 

Tower at Turning Stone. 

3.9.3.8 Field Survey 

As vegetation was not included in the initial viewshed, a field survey was conducted in 

March, 2006 during leaf-off conditions. Leaf-off conditions produce the widest possible 

viewshed because leaves are not present to obscure the view along a line-of-sight profile. 

Line-of-sight profiles are graphic depictions of changes in ground elevation along a 

straight path or line between two points. 

The field survey was conducted during a three-day period with clear skies or minimal 

cloud cover and no precipitation. Temperatures ranged from lows of 24oF to highs of 

56oF, and wind speeds were low. A Cannon Power Shot camera with 3.2 mega pixels 

resolution was used to take photos during the field survey. Photos were taken at eye level 

from approximately five feet above ground surface at Sunset Lake, Bakers Reservoir, Mt. 

Hope Reservoir, Main-Broad-Grove Street Historic District, Erie Canal Village at the Old 

Erie Canal, Oneida Lake near Hidden Harbor, and Verona Beach State Park. 

Key vantage points, the spot from which photographs are taken, were determined based 

on the presence of formal overlooks and topography. If formal overlooks were available, 

photographs were taken from them. In areas where no formal overlook exists, pictures 

were taken from the highest ground that was readily accessible to the photographer. 

3.9.3.9 Existing Views 

Views of the Tower at Turning Stone were only evident at two of the seven points. These 

points, which are shown on Figure 3.9-3, are Sunset Lake and Mt. Hope Reservoir. 

Sunset Lake 

Sunset Lake is located in the City of Oneida near the border of Madison and Oneida 

Counties. It has an elevation of 510 feet amsl and is in close proximity to the Oneida 

Community Golf Club. The lake is surrounded by temperate deciduous vegetation. It 

does not border any Nation lands. 
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The view facing north, shown in Photo 8, reveals a small part of the Tower at Turning 

Stone, which is located approximately four miles away. While this structure was visible to 

the naked eye, it does not appear in the photograph. The Turning Stone Resort & Casino 

structures which are visible from Sunset Lake include the Shenendoah Golf Club 

clubhouse and residential properties. 
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Photo 8 

View from Sunset Lake, Facing North Towards the Turning Stone Resort & Casino 

Mt. Hope Reservoir 

Mt. Hope Reservoir is located between Mt. Hope Avenue and Fairview Avenue behind 

residential properties in the City of Oneida. In 1997, it was added to the National 

Register of Historic Places. Its period of significance is 1875 – 1924. Its most dominant 

feature is the dome that rises from the water. A buffer of evergreen trees shields the 

reservoir from nearby homes. Mt. Hope Reservoir does not border any Nation lands. 

The view facing northeast, shown in Photo 9, reveals a small part of the Tower at Turning 

Stone, which is located approximately five miles away. While this structure was visible to 

the naked eye, it does not appear in the photograph. Visitors to the reservoir would most 

likely fail to notice the Turning Stone Resort & Casino. 

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Photo 9 

View from Mt. Hope Reservoir, Facing Northeast Towards the Turning Stone 

Resort & Casino (note tree buffer) 

3.9.4 Public Health and Safety 

3.9.4.1 Solid Waste Services 

Sites for the proper disposal of non-hazardous solid wastes generated in the Study Area are 

determined based on the county where the waste is generated. For this section, the Study 

Area is defined as Madison and Oneida Counties. Figure 3.9-4 provides the locations of 

the solid waste facilities in the Study Area, which are discussed below by county. 

Information on solid waste disposal sites was obtained from searches of federal, New 

York State, and local environmental regulatory databases. In addition, information on 

evidence of historical disposal of small quantities of solid waste, or farm dumps, on the 

Nation’s lands was obtained from site walkovers. Both environmental regulatory database 

searches and site walkovers were performed as part of Phase 1 Environmental Assessments 

(Phase 1 ESAs). Phase 1 ESAs were conducted by the Nation for each parcel included in 

the trust application for conveyance into trust. Database searches were conducted by 

Environmental Data Resources, Inc. on September 26, 2005 (Group 1 and 2 lands) and 

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May 19, 2006 (Group 3 lands). The reports associated with these database searches and 

the findings of the site walkovers are presented in C & S Engineers, Inc (2006). 

Oneida County 

Solid waste generated in Oneida County is managed by the Oneida-Herkimer Solid Waste 

Management Authority. Private collection and transport companies collect waste and 

recyclables for residents. Currently, the non-recyclable fraction of the solid waste stream 

is transported outside of the Study Area to the High Acres Landfill near Rochester, New 

York. Approximately 250,000 tons are generated annually by Oneida and Herkimer 

Counties, with approximately half of that may be attributed to Oneida County (OSC, 

2005). 

In May, 2004, work began on a new multi-layer lined landfill that is expected to be 

completed and placed into service in 2007. With a design capacity of 1,000 tons per day, 

this landfill will provide an estimated 62 years of capacity for residential, commercial, and 

industrial solid waste generated in Oneida and Herkimer Counties, including construction 

and demolition debris, sludge, and residues from recycling, composting, incineration, or 

other waste processing technologies (New York State Department of Environmental 

Conservation, 2004). This landfill is located outside of the Study Area in the Town of Ava, 

which is located in northern Oneida County. 

Madison County 

Residential and commercial solid waste generated in Madison County (including the City 

of Oneida) is disposed of at the Madison County West Side Expansion facility. Madison 

County also operates four pick-up areas and three transfer stations for use by county 

residents. Private collection and transport companies also collect waste and recyclables for 

residents. Madison County’s solid waste management plan calls for initiating expansion 

of this landfill in the near future, as the existing landfill is reaching capacity. The Madison 

County Chapter of NYS Alternatives Resources and Choices, Inc. operates a Materials 

Recovery Facility for Madison County, which has conducted full mandatory, sourceseparated recycling since 1990. In 1998, Madison County Solid Waste and Sanitation 

received 4,851 tons of residential solid waste and recycled 6,239 tons of materials. 

Madison County maintains a comprehensive solid waste management system for the 

disposal of non-recyclable and recyclable waste generated with its boundaries. The 

Comprehensive Solid Waste Management Plan (SWMP) is NYSDEC approved and is 

intended to manage the County’s waste over a 20-year period. According to Madison 

County Comprehensive Solid Waste Management Plan Compliance Report for January 1, 

2003 – December 31, 2004 published in May 2005, the County operates a central landfill 

(West Side Expansion Sanitary Landfill), three transfer stations and a convenience station 

with recyclables drop-off facilities at each, and composting and wood chipping sites. 
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Adoption of Local Law No. 3 in 2004 by the County introduced monetary penalties for 

violators of the law and elevated insurance requirements for commercial haulers. 

The West Side Expansion Sanitary Landfill is a four phased expansion site of which Phase 

I was operational from 1996 to 2002. Subsequently, construction of Phase II of the 

landfill was completed the same year and operations commenced in 2003. The Madison 

County SWMP (Barton & Loguidice, 2005) calls for long-term landfill expansion adjacent 

to the existing landfill, expanding existing recycling programs for special wastes when 

feasible, continued processing of source separated recyclables at a Materials Recovery 

Facility operated by the Madison County Association for Retarded Citizens since 1990, 

continuing ongoing yard waste composting and brush chipping, and educating the public 

on waste reduction, reuse, and recycling. An inter-municipal contract with OneidaHerkimer Solid Waste Authority also enables Madison County residents to utilize a 

household hazardous waste facility in Syracuse. 

Madison County is proactive in enforcing the laws used to control the flow of solid waste 

within its borders. Waste and recyclables picked up in Madison County must be delivered 

to Madison County waste disposal and recycling facilities. This requirement is enforced 

under Local Law No. 4 of 2001 and Local Law No. 3 of 2004. Recycling is also 

mandatory and source separation of recyclables is required. The waste disposal and 

recycling facilities are financially self-sustaining. The County does not charge for the use of 

its recycling programs and services, providing a strong economic incentive to maximize 

recycling and reduce waste. 

In 2003, Madison County generated a total of 46,048 tons of solid waste of which 

9,661.15 tons (21 %) was recycled. In 2004, 22 % of the total solid waste received by the 

County was recycled (Madison County Annual Recycling Report, 2004). 

Madison County requires that only solid waste generated in the county be disposed of in 

its facility. In 2003, one of the Nation’s waste haulers disposed of solid waste generated in 

Madison County at a landfill outside of this county. Since Madison County has stricter 

recycling requirements than other landfills, rerouting the waste may have been an effort by 

the hauler to circumvent those requirements and/or save money. Once this situation was 

identified, the Nation required its waste haulers to strictly comply with all such 

requirements, and no additional incidents have occurred since that time. 

There are several other active and inactive solid waste management facilities in the Study 

Area including: 

• Madison County Sanitary Landfill – inactive municipal landfill 

• Canastota Sanitary Landfill – inactive municipal landfill 
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• Oneida Ash Landfill – inactive County landfill for sludge, railroad ash, residential 

and industrial solid waste, contaminated soil, and compost 

• Oneida Sanitary Landfill – inactive municipal landfill 

• Sherrill T.S./Recycling – active municipal construction and demolition debris 

landfill 

• Swoco Sanitary Landfill – inactive municipal landfill (Town of Augusta) 

• Smithfield Sanitary Landfill – inactive municipal landfill 

Review of the Nation’s accounts with waste haulers indicates that in the 2004-2005 Fiscal 

Year, the Nation paid $725,373.70 in 924 separate payments to independent waste 

haulers for removing and disposing of solid waste from the Nation’s lands. At a disposal 

rate of $75.90 per ton, this represents approximately 9,560 tons of waste in one year. A 

large percentage of this is likely attributed to the Group 1 lands associated with the 

Turning Stone Resort & Casino. These properties are located in Oneida County; 

therefore, the solid waste would be predominantly disposed of at the High Acres Landfill 

near Rochester, New York. 

As part of the Phase 1 ESA for each parcel, a site walkover was conducted to identify areas 

or issues that may be associated with recognized environmental conditions. Recognized 

environmental conditions are the presence, or likely presence, of any hazardous substances 

or petroleum products from an existing release, past release, or threat of a release. Site 

walkovers were conducted from October, 2005 to June, 2006 and included exterior 

grounds and the interior of buildings that were present and accessible at the time of the 

visit. Particular attention was given to field/brush/woodland transition areas, as well as, 

property corners as these areas are traditionally where farm dumps can be found. It is 

important to note that solid waste disposal on the subject parcel or on an adjacent parcel, 

may or may not constitute a recognized environmental condition. 

Many historical areas of solid waste accumulation or farm dumps were found on the 

Nation’s lands. These areas often contained various construction/demolition debris, 

various glass, plastic, and metal containers, scrap metal, auto tires, household appliances, 

and other discarded materials. Twenty eight areas of solid waste accumulation were 

found on Group 1 lands. Forty eight areas were found on Group 2 lands. Twenty one 

areas were found on Group 3 lands. Of these areas of solid waste accumulation, 26 areas 

(13 in Group 1, 8 in Group 2, and 8 in Group 3) were concluded to be potential 

recognized environmental conditions in which the discarded items and debris should be 

removed to determine if further investigative efforts are required. 

3.9.4.2 Hazardous Materials 

Exposure to hazardous materials may pose a threat to human health or the environment. 

Locations where hazardous materials may be present in the Study Area were determined 

by investigating historic and current land uses, reviewing environmental reports previously 
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prepared by the Nation, conducting site walkovers, and reviewing federal, New York 

State, and local environmental regulatory databases. For this section, the Study Area is 

defined as the area within one mile of any of the Nation’s lands. 

Phase 1 Environmental Site Assessments 

Concurrent with the preparation of this Draft EIS, the Nation conducted ESAs for each 

parcel proposed for conveyance into trust. The Phase 1 ESA for each parcel was 

conducted to identify areas or issues that may be associated with recognized 

environmental conditions. Recognized environmental conditions are the presence, or 

likely presence, of any hazardous substances or petroleum products from an existing 

release, past release, or threat of a release into structures on the property or into the 

ground, groundwater, or surface water of the property. The recognized environmental 

condition might be associated with the subject parcel or an adjacent or nearby parcel. The 

determination as to whether a condition or incident constitutes a recognized 

environmental condition is based on a number of site-specific factors, including the 

magnitude of the condition or incident, previous responses to the condition or incident 

(i.e., cleanup), and an assessment of the potential for migration of impacted media to the 

subject property. In addition, recommendations for further investigative or remedial 

actions are made for potential recognized environmental conditions. 

As part of the Phase I ESAs for the Nation’s lands, several databases maintained by New 

York State and the federal government were searched regarding the presence and status of 

sites associated with hazardous materials and chemical or petroleum storage. Database 

searches were conducted by Environmental Data Resources, Inc. for all areas within one 

mile of the Nation’s lands on September 26, 2005 (Group 1 and 2 lands) and May 19, 

2006 (Group 3 lands). The sites identified as a result of the database searches are 

discussed below. 

RCRA and CERCLA Sites 

Figure 3.9-5 provides a summary of the individual sites in the area in which Nation lands 

are located that were identified via database search categories associated with the 

Resource Conservation and Recovery Act (RCRA); Resource Conservation and Recovery 

Information System (RCRIS); Comprehensive Environmental Response, Compensation, 

and Liability Act (CERCLA); and the Comprehensive Environmental Response, 

Compensation, and Liability Act Information System (CERCLIS). Categories presented 

include large and small quantity hazardous waste generators, leaking storage tanks, toxic 

chemical releases, and corrective action reports. 

A total of 67 sites are located in the Study Area. Two of the 67 sites identified were 

located on Nation lands. Thirty nine sites are located within one eighth of a mile of 

Nation lands and 21 sites are located within one quarter of a mile of Nation lands. The 

remaining five sites are within one half of a mile of Nation lands. The majority of these 

sites are nearer to Group 2 lands than Group 1 or 3 lands. Eight sites are located on or 
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near Group 1 lands and two sites are located near Group 3 lands. The other sites are on or 

near Group 2 lands. 

The two sites found on the Nation’s lands are Verona Nice and Easy, listed as a small 

quantity generator also appearing in the database for leaking storage tanks and historical 

leaking storage tanks, and Spring Road Farm, listed as a small quantity generator. 

Chemical and Petroleum Bulk Storage 

Figures 3.9-6 and 3.9-7 show the locations of chemical bulk storage facilities and 

petroleum bulk storage facilities in the Study Area, respectively. Figure 3.9-6 identifies the 

location of fourteen chemical bulk storage facilities. Nine of these are located within one 

eighth of a mile of Nation lands and all are located within one quarter of a mile of Nation 

lands. None are located on the Nation’s lands. One of these sites is located in the vicinity 

of a parcel included in Group 1 lands. The remaining chemical bulk storage sites are 

nearest to Group 2 lands. 

Figure 3.9-7 shows the location of 137 petroleum bulk storage facilities in the Study Area. 

They are primarily located in the City of Oneida and the Village of Canastota just off of I90. Fifteen storage facilities (12 vehicle fuel facilities and 3 marinas) are owned by the 

Nation. There are an additional 78 properties located within an eighth of a mile, 38 

properties located within a quarter of a mile, and six properties located within a half mile 

of the Nation’s lands; these sites are all associated with non-Nation fuel stations. Nearly 

all are located on or near Group 2 lands. Only nine are located on or near Group 1 lands 

and six are located near Group 3 lands. 

The Nation completed a compliance audit in 2005 for all of the Nation’s petroleum bulk 

storage facilities (Woodmansee, Rory 2006. Personal communication, April 26, 2006). 

This audit determined the compliance status of the Nation’s facilities with Spill Prevention, 

Control, and Compliance Rules, NYSDEC petroleum bulk storage regulations, and 

National Fire Protection Agency regulations. In adhering to this compliance status, the 

Nation has developed Annex K: Hazardous Materials Operational Guidelines. As stated 

in these guidelines, the response measures for fuel spills are stated in two additional 

documents developed by the Nation’s Office of Nation Safety & Public Works. The two 

documents entitled Attachment 12: Spill Response Measures For Gas/Diesel Refueling 

Stations (The Nation, 1999a) and Attachment 13: Emergency Response Measures For Fuel 

Spills Not Due To Refueling Station Operations (The Nation, 1999b) cover the two spill 

scenarios at either a refueling station or other location. For all other incidents involving 

hazardous materials, the Nation follows the procedures specified in their Annex K: 

Hazardous Materials Operational Guidelines (The Nation, no date). 

Whether a fuel spill of one gallon or more occurs either at a refueling station or other 

location, the Nation’s spill response measures require that the Nation’s Police Department 

be notified immediately. The Nation’s Police Department is then required to contact the 
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Environmental and Risk Manager when a spill threatens to migrate off of the Nation’s 

lands or into any adjacent drainage ditches. The procedures also require the Nation’s 

Police Department to notify the NYSDEC Oil Spill Hotline if any sizeable fuel spill flows 

off of Nation lands. Following any volume fuel spill regardless of size, the Station 

Manager creates a written record of the spill and keeps it filed on site. For any spill of 

more than 20 gallons, a follow-up meeting with Environmental Manager, Risk Manager, 

Retail Operations Manager and the Nation’s Police Department is recommended to 

determine whether a change in policy or procedure can be implemented to avoid a similar 

incident. 

In accordance with 40 CFR Part 265, the Nation is a Conditionally Exempt Small 

Quantity Generator (CESQG). As specifically stated in Part 261.5(a), “A generator is a 

conditionally exempt small quantity generator in a calendar month if he generates no more 

than 100 kilograms of hazardous waste in that month.” The Nation is well below this 

maximum threshold for CESQG status as demonstrated by their generation of only one 

55-gallon drum of primarily used oil and paint thinner waste covering a one year period. 

To remove and dispose of these generated wastes, the Nation utilizes the services of SafetyKleen, Inc. who holds the distinction of being the largest recovery and recycling company 

in North America for the removal of and disposal of hazardous waste. The Nation tracks 

the removal and disposal of their generated hazardous waste by recording this information 

on the USEPA Form 8700-22 (Rev. 3-05) entitled “Uniform Hazardous Waste Manifest.” 

For other types of waste removal (i.e. septic tank pumpouts), the Nation has an existing 

contract with Eggan Environmental Services who are permitted to transport a variety of 

solid and liquid wastes to several disposal facilities located in New York State in 

accordance with the NYSDEC Part 364 Permit 6A-120. 

Pesticide Management 

The Nation controls insect pests and weeds on its developed and landscaped properties, 

including the Turning Stone Resort & Casino, through the commercial application of 

approved pesticides and herbicides by licensed applicators in accordance with federal 

regulations regarding pesticide programs, 40 CFR, Chapter I, Parts 150-189. The Nation 

practices sustainable farming on its agricultural lands and has implemented an integrated 

pest management plan for both its agricultural lands and golf courses in order to minimize 

the use of synthetic pesticides and herbicides. Organic methods of controlling agricultural 

weeds and insect pests are employed including mechanical cultivation, biological controls 

(i.e., the use of beneficial insects or birds), the use of genetically resistant crops, cover 

crops, crop rotations, pest mating disruption, traps, and barriers. Non-synthetic and 

botanical compounds may be selectively applied to crops if infestations of insects or weeds 

occur. The limited use of synthetic pesticides and herbicides is only implemented when a 

drastic infestation appears inevitable. In order to manage insect pests and weeds on its golf 

courses, the Nation carefully selects the types, amounts, and timing of the application of 

fertilizer and pesticide applications to maximize benefits and minimize environmental 
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impacts. In addition, during the design of the Nation’s golf courses, turf grass varieties 

were selected that require less chemicals, fertilizers, and water. 

Insect pests are likely to be abundant around manure associated with the Nation’s 

livestock operations. The Nation is investigating the implementation of various manure 

management systems, such as a biogas recovery system, in order to comply with federal 

regulations for Concentrated Animal Feeding Operations. Biogas recovery systems have 

an added benefit of providing odor control and controlling insects as manure is placed in a 

large gas-tight tank in order produce methane gas which can then be used to generate 

electricity. The remaining manure-derived solids can then be used as fertilizer. 

Currently the Nation uses Fly Blocks to manage flies around the livestock areas and the 

animals themselves. This has been quite successful and the Nation reports that there have 

not been problems with fly control. Manure is spread daily and as such is not a area of 

concern for fly management. 

Hazardous Waste Sites 

Figure 3.9-8 presents the locations of the 11 hazardous waste sites in the Study Area 

identified during the database searches performed by Environmental Data Resources, Inc. 

Of these, eight sites are located within one eight of a mile of Nation lands, and all are 

located within a quarter mile of Nation lands. One site is nearest Group 1 lands and one is 

nearest Group 3 lands. The remaining sites are nearest Group 2 lands. 

Review of Existing Reports 

The Oneida Lake State of the Lake and Watershed Report identified eleven inactive 

hazardous waste sites within the greater Oneida Lake watershed, of which the following 

four are determined to be in the Study Area (Central New York Regional Planning and 

Development Board, 2003): 

• Haz-O-Waste (now Northeast Environmental Services) – located on Canal Road in 

Canastota, this is a Class 2 (significant threat to public health or the environment, 

action required) site (USEPA ID NYD057770109); 

• Madison County Landfill – located on Buyea Road in Lincoln, this is a Class 3 

(does not present a significant threat to public health or the environment, action 

may be deferred) site (no USEPA ID); 

• Oneida Ltd. Silversmiths – located on Seneca Street in Sherrill, this is a Class 5 (site 

properly closed, no evidence of present or potential adverse impact, no further 

action required) site (USEPA ID NYD 980507370); and 

• Oneida Ltd. Silversmiths, Treatment Pond – located on Seneca Street in Sherrill, 

this is a Class 5 site (USEPA ID NYD 980507370); 

In addition to the above-listed sites, there is a former manufactured gas plant site on 

Sconondoa Street in the City of Oneida (NYSDEC No. 7-27-008), for which a January 
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2002 Amended Record of Decision was entered (New York State Department of 

Environmental Conservation, 2002). 

3.9.4.3 Utilities 

Electric Service 

Electric service for the Nation’s lands is provided by National Grid, formerly Niagara 

Mohawk Power Corporation (NMPC). The Nation purchases electric power through 

National Grid in the same manner as would any other private or municipal energy user. 

National Grid’s principal subsidiary, The National Grid Company, PLC owns electrical 

transmission facilities in the United Kingdom, and National Grid USA has also acquired 

businesses formerly owned by New England Electric System and Eastern Utilities 

Associates. Electrical power and natural gas purchased on the wholesale market by 

National Grid is sold and delivered to approximately 1.5 million electric customers in 

upstate New York. Electrical generating facilities formerly owned by NMPC were 

divested as part of the system-wide deregulation that took place in the 1990’s, prior to 

National Grid’s September 2000 merger with NMPC. 

Electrical power generated in New York State comes from a variety of sources, including 

hydro (15.5 percent), coal (11 percent), natural gas and oil (58 percent), nuclear (14 

percent) and other sources (including wind [1.5 percent]. In the year 2000, approximately 

155,000 GWh of electricity were consumed in New York State, with a peak demand level 

of approximately 30,000 MW. These levels are predicted to rise to 190,000 GWh and 

36,500 MW, respectively, by 2021. 

The marketing of more than 50 percent of the electrical power in New York State is 

managed by the New York Independent System Operator (NYISO), a not-for-profit 

corporation formed in 1999, with the balance being bought and sold via private contracts 

known as bilateral agreements. NYISO also operates the transmission grid for New York 

State. NYISO activities are conducted according to rules and procedures set forth by the 

Federal Energy Regulatory Commission. NYISO continually coordinates its operations on 

both a pre-scheduled and real-time basis with the other states and provinces within the 

greater grid, to maintain cost-effective service and reliability. An additional 5,000 MW of 

generating capacity will be needed in the next five years to maintain generation capacity in 

the New York State of 118 percent of the peak load. In addition, upgrades to the bulk 

electric transmission system is required to minimize costs associated with transmission 

congestion. These upgrades in capacity and transmission are required to assure reliable 

supplies and competitive prices (New York Independent System Operator, 2002). 

New York State presently has approximately 10,800 miles of high voltage (115kV and 

greater) transmission lines. National Grid’s electrical infrastructure interfaces with 

statewide, interstate, and international (Ontario and Quebec) electrical infrastructures to 

achieve a balance between generators and consumers. For that reason, the limits to 
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electrical supplies in a specific part of the grid (such as National Grid operated sections) 

are dependent on Interface Limits between New York State zones and on Interpool 

Transfer Capabilities between New York State and other States and Canadian Provinces. 

NYISO oversees specific transmission system upgrades needed to eliminate weak links in 

this system. 

According to the Nation’s accounts, during the 2004-2005 fiscal year, the Nation 

purchased a total of approximately 16,331,000 KWh of electricity from National Grid for 

the Turning Stone Resort & Casino, or an average (purchased) electrical consumption of 

approximately 1,361,000 KWh per month. The other Nation lands utilized for 

commercial and residential uses consumed a total of approximately 7,317,000 KWh of 

electricity for the fiscal year, or an average of approximately 610,000 KWh per month. 

Additional electricity used at the Turning Stone Resort & Casino is generated on-site by 

the Nation’s natural gas fired co-generation plant and is quantified below. 

One of the local utility providers in the region has expressed confidential concerns 

regarding what it perceives as potential problems that could arise should the Proposed 

Action be implemented. The company supplies gas and electricity to most customers in 

Madison and Oneida Counties, including the Nation’s lands. The company’s 

infrastructure in this area consists of high voltage electrical transmission facilities, 

overhead and underground electrical distribution facilities, high pressure natural gas 

pipelines, gas distribution facilities, and gas regulator stations. A preliminary assessment 

conducted by the utility has, to date, identified six high voltage transmission lines which it 

maintains could be adversely affected by a granting of the Nation’s Trust Application. 

The company is concerned that a loss of access or control could result in interference or 

damage to these facilities, which could threaten the public health and safety, harm interstate commerce and result in violations of federal or New York State laws. 

The company maintains that implementation of the Proposed Action could: 

• Compromise the utility’s ability to operate and maintain the company’s 

infrastructure and ability to provide service to customers in the region (including 

the Nation’s lands), 

• Eliminate New York State regulation and oversight intended to ensure safe and 

reliable service, and 

• Interfere with the company’s access to existing utility easements on the Nation’s 

lands, potentially impacting the company’s ability to affect essential repairs and 

maintenance required to maintain effective service. 

It is the company’s opinion that should the BIA implement the proposed action, it is 

essential that it also either grant New York State continuing authority to regulate the 

provision of gas and electric services on the Nation’s lands or mandate that the Nation 
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enter into a franchise agreement governing the provision of service in a manner consistent 

with provision of utility service to similarly situated customers across New York State. 

The Nation maintains that these potential problems could be resolved in the spirit of 

cooperation that it has traditionally evidenced towards its neighbors. Accordingly, these 

issues will be more fully discussed and addressed in the Section 4 Environmental 

Consequences. 

Natural Gas 

New York State’s 4.6 million natural gas customers use 1,200 million dekatherms (DTH) 

of natural gas per year. Approximately 540,000 of those New York State natural gas 

customers reside in upstate New York where National Grid provides natural gas service. 

Several of the Nation’s lands, including Turning Stone Resort & Casino, are natural gas 

customers of National Grid. New York State natural gas customers (including National 

Grid customers) depend on interstate and international pipelines for access to domestic 

and Canadian supplies. Domestic gas, primarily from the Gulf of Mexico, accounts for 

approximately 62 percent of New York State’s natural gas, with approximately 36 percent 

coming from Canada and two percent from within New York State. The current pipeline 

capacity to New York State is approximately 6,000 million DT/day, and this capacity is 

needed to meet existing core market demand on a peak winter day. Many factors, 

including petroleum prices and general economic vigor, contribute to increased or 

decreased demand for natural gas, but most forecasts of future demand identify rising 

prices and sufficient supplies over the next 15 years. 

During the 2004/2005 fiscal year, 170,526 DTH of natural gas were used at the Turning 

Stone Resort & Casino. Approximately 33,600 additional DTH of natural gas was 

consumed by commercial, residential, recreational, and agricultural activities on other 

Nation lands. An additional 548,320 DTH of natural gas was used to fuel the Nation’s 

cogeneration plant on Snyder Road, which is discussed below 

Co-Generation Plant 

The Nation operates a six MW (nominal) gas-fired cogeneration plant that provides heat 

and electric power to the Turning Stone Resort & Casino. During the winter, the 

cogeneration plant is capable of providing approximately 90 percent of the electricity (an 

average of approximately 5,900,000 KWh per month during the December, 2004 through 

March, 2005 winter) as well as 50 percent of the heat/hot water used at the Turning Stone 

Resort & Casino during that period. During the summer, the cogeneration plant can 

provide approximately 60 percent of the electricity (an average of 3,158,600 KWh per 

month during June through August, 2005) and all of the hot water used at the Turning 

Stone Resort & Casino. All electricity needed at the Turning Stone Resort & Casino in 

excess of that provided by the cogeneration plant is purchased from National Grid. All of 

the electricity and heat energy produced by the cogeneration plant is used by the Nation; 

the Nation does not sell energy to any other entities or back to the regional grid. Besides 
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providing energy savings associated with the co-production of heat and electric power, the 

Nation’s system includes emergency electrical generation capacity to provide back-up 

temporary electric power in case of failure within the National Grid system. 

Alternative Energy Sources 

The Nation also purchases liquid propane gas from independent suppliers to serve some of 

the Nation’s lands. During the 2004-2005 Fiscal Year, those independent propane 

suppliers sold approximately 11,227 DTH of liquid propane gas to the Nation for use at 

those lands. 

The Nation has also instituted several pilot programs or studies to determine the feasibility 

of obtaining some of the energy required to support their various properties from local 

sources. The sources being considered include natural gas from wells installed on Nation 

lands and renewable energy from wind. To date, the Nation has conducted only 

exploratory drilling for natural gas and has not produced gas for use by them. The 

NYSDEC database lists two gas well permits as being issued to the Nation’s lands. These 

gas well permits are for Nation Parcel # 309 (Town of Verona) and Nation Parcel # 131 

(Town of Stockbridge). 

Telecommunications 

Many companies provide telecommunications services to residents and businesses in 

Madison and Oneida Counties located in the area of the Nation’s lands. Since the 1996 

Telecommunications Deregulation Act removed many obstacles to competition in the 

industry, service and price competition have characterized the industry. The area around 

the Nation’s lands is no exception to this general situation, with multiple service providers 

competing for the business of potential residential and commercial customers. 

Telecommunications providers in the Study Area include: 

• Local or basic telephone service – Verizon, myPhone Company, Opex 

Communications, TDS Telecom, Vernon Telephone Company, MCI, and dPi 

Teleconnect; 

• Long distance service providers – Qwest, Opex Communications, PowerNet 

Global, Verizon, Alltell, and GTC Telecom; 

• Cable/Internet service – ComCast, Cvi Cablevision Industries Oneida Division, 

Direct Digital TV, DirectStart TV, Time Warner, Inc., EarthLink, Verizon, and 

HughesNet; and 

• Wireless telephone service – AT&T Wireless, Cellular Solutions of Oneida, 

Cingular Wireless, Cricket, Nextel, Sprint, and Verizon Wireless. 

Additional providers for local and long distance telephone service, wireless service, and 

cable TV service may also exist. Telecommunications services to the Nation’s lands are 

provided either through these service providers through their local infrastructure, or 
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through one of two fiber-optics loops designed specifically for the Nation. Verizon 

Communications designed and built an Intellilight Dedicated SONET Ring (IDSR) fiberoptic cable loop. This loop serves the Nation exclusively and is owned and operated by 

Verizon. Approximately 20 Nation parcels utilized for commercial activities are served by 

this loop. A second, smaller loop is hooked to this ISDR and is owned and operated by 

TDS Communications, also exclusively serving the Nation. An additional four of the 

Nation’s parcels utilized for commercial activities are served by this smaller loop. Each 

Nation parcel remits payments directly to their service provider. 

The parcels served by the two fiber-optic cable loops are Group 1 lands, but do not 

include the Turning Stone Resort & Casino. The Verizon/TDS fiber-optic cable loop 

connected via switches in the Telecommunications Building in Vernon (Parcel # 105) 

provides telephone and broadband services to some of the Nation’s outlying lands, 

including several of the service stations, Nation government, and member housing 

properties. Commercial and residential parcels outside the reach of the fiber optic loop 

purchase telephone, cable television, and/or broadband service from the market on an 

individual basis, dependent on service availability and price considerations. 

The largest use of telecommunications services by the Nation occurs on the Group 1 lands. 

The Turning Stone Resort & Casino provides telephone, cable TV, and broadband 

internet access in the rooms of all patrons. Telephone service is provided through Verizon 

and through TDS, Inc. through a fiber-optic cable connected to a main cable running 

along I-90. Telephone services brought into the Nation’s network are distributed 

throughout the Turning Stone Resort & Casino using the Nation’s switching system. 

Similarly, the Nation’s Information Technology Department manages distribution of cable 

TV and broadband internet services purchased through Time Warner, Inc. Wireless 

telephone service for appropriate Turning Stone Resort & Casino personnel is purchased 

through Cingular Wireless. 

3.9.5 Regulatory Jurisdiction 

3.9.5.1 Introduction to Tribal Governance 

The Nation is one of the seven federally recognized Indian nations of the Haudenosaunee 

community. It is administered by its own sovereign tribal government. Tribal sovereignty 

and self-determination of the tribe are recognized and supported by the U.S. government 

under Executive Order 13175 of November 6, 2000. By virtue of the treaties, statutes, and 

Executive Orders under the law of the U.S., the federal government and its agencies work 

with the Indian tribes on a government-to-government basis. Federal statues and 

regulations apply on Indian lands and lands held in trust on behalf of tribes apply and are 

administered through the tribal government to the extent possible. According to Executive 

Order 13175, when implementing policies affecting tribal lands, the Indian tribes are 
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encouraged to develop their own policies and establish standards pursuant to their goals 

and objectives, within the applicable framework of the law. The Federal government 

grants tribal governments the maximum administrative discretion possible in the 

administration of federal statutes and regulations. 

Executive Order 13175 also establishes that each Federal agency is required to consult 

with the tribal government in the development of regulatory policies that have tribal 

implications. Pursuant to the requirements of the Executive Order, Federal agencies such 

as the USEPA, USFWS, and the USACE have established a consultation process and 

designated personnel responsible for the inter-government coordination for the 

development and implementation of environmental programs on tribal lands on a regional 

basis. Through cooperative agreements and memorandums of understanding, these 

agencies provide grants, technical assistance, enforcement mechanisms, collaborative 

management plans, training and other forms of support as needed, to the Nation. 

USEPA promulgated an EPA Indian Policy in 1984 for the administration of 

environmental programs on Indian reservations. Under this policy, “Indian Nation 

governments are recognized as the appropriate entities to implement environmental 

programs that affect Indian reservations, their environments, and the health and welfare of 

reservation populations” (USEPA, 1984). USEPA recognizes tribal governments as primary 

parties in setting standards, making policy decisions, and managing programs on 

reservation lands. Even though Federal environmental laws and statutes apply on Indian 

lands and lands held in trust, USEPA encourages tribal governments to participate in 

deliberations and decision making on matters pertaining to health and environment on 

reservation lands. USEPA also encourages and provides guidance for authorized tribes to 

develop and regulate their own environmental programs on reservation lands if they so 

choose. The responsibility for managing environmental programs is delegable to tribal 

governments. The USEPA assists tribal governments with planning and management of 

these environmental programs and provides grants, technical or other assistance as needed. 

Where specific tribal environmental programs do not exist, the USEPA retains authority to 

manage Federal environmental programs. Compliance with Federal environmental statutes 

is the responsibility of the USEPA, for facilities owned or managed by tribal governments. 

Where compliance is lacking, the USEPA works cooperatively with tribal leadership 

offering technical support and consultation to achieve compliance. According to the 

USEPA Indian Policy, the USEPA may consider direct judicial or administrative action if it 

determines “(1) significant threat to human health or the environment exists; (2) such 

action would reasonably be expected to achieve effective results in a timely manner; and 

(3) the federal government cannot utilize other alternatives to correct the problem in a 

timely fashion” (USEPA, 1984). 

Other Federal agencies have similar policies and procedures regarding their interface with 

tribal nations. For example, the USFWS undertakes its conservation programs on Indian 
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lands through its Office of Native American Liaison. Through cooperative agreements 

with the tribes, USFWS extends protection of endangered species of fish and wildlife on 

Indian lands. In 1994, USFWS also established a Native American Policy consisting of ten 

principles that establish the framework for cooperation with the tribes to conserve fish and 

wildlife resources. 

3.9.5.2 Existing Regulatory Framework 

The U.S. Supreme Court, in the case of City of Sherrill v. Oneida Nation, 544 U.S.197 

(2005) ruled that the Nation is subject to taxation on lands that it acquired in the open 

market and further established that the Nation could not unilaterally declare sovereign 

authority over these lands even if they had been part of the aboriginal homeland two 

centuries ago. It did however acknowledge that sovereign authority could be reestablished 

under the provisions of 25 USC § 465 by placing lands into trust. Later, the U.S. District 

Court, Northern District of New York, in the cases of Oneida Nation v. Madison 

County, 401F. Supp. 2d 219 (2005), and Oneida Indian Nation v. Oneida County, ---

F.Supp.2d ---, 2006 WL 1517522 (2006) recognized that lands owned by the Nation in 

Madison and Oneida Counties, New York are restricted lands. These lands are inalienable 

pursuant to the Non-Intercourse Act of 1790. Therefore, although New York State and 

local municipalities may levy taxes, they may not foreclose on Nation owned lands for 

non-payment of property taxes. Jurisdictional issues, however, remain ambiguous and 

disputed between the Nation, New York State, and local governments. 

3.9.5.3 Present Regulatory Conditions 

At present, lands owned by the Nation in Madison and Oneida Counties are under the 

jurisdiction of the Nation and are subject to Federal regulation. The Nation exercises its 

right to self-governance on its lands and plays the lead role for matters affecting the 

environment on all of its lands. The Nation establishes its own standards, makes its own 

environmental policy and decisions, and manages its own environmental programs on its 

lands. Consistent with the authority to exercise its own governance and protect its own 

environment and population, the Nation has established policies, ordinances, and codes. 

These include, but are not limited to: 

• Environmental Protection Ordinance 

• Zoning Ordinance 

• Land Use Ordinance 

• Housing Code 

• Amended Health and Safety Ordinance 

• Cultural, Historical or Archaeological Resources Ordinance 

• Vehicle and Traffic Code 

• Business Corporation Code 
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• Uniform Commercial Code 

• Limited Liability Company Code 

• General Obligations Code 

• Marriage Code 

• Partnership Code 

• Penal Code 

• Juvenile Justice Code 

• Rules of Civil Procedure 

• Rules of Criminal Procedure 

• Rules of Debt Collection 

• Rules of Evidence 

• Rules of Peacemaking 

Over the last two decades, the Nation has established its own administrative departments 

or offices complete with appointed personnel and staff. These departments or offices are 

similar to an agency of the U.S. or New York State, with specific functions and authority 

derived from the Nation’s laws. The roles and responsibilities of personnel designated 

within each department are also prescribed by law and detailed in the Nation’s ordinances. 

Whereas most of the Nation’s regulatory departments function autonomously, the Nation 

consults and cooperates with a Federal agency such as the BIA, U.S. Department of the 

Interior, the USACE, or the USEPA on specific issues. The Nation has also actively 

consulted with various levels of New York State regulatory governance on matters related 

to cultural resources, security, and the environment. The issues and process of cooperation 

with Federal agencies are described later in this section. 

The following is a brief summary of Nation policies on issues within the scope of this 

Draft EIS. 

Environmental Protection Ordinance 

In many ways the Nation’s Environmental Protection Ordinance echoes the spirit and 

intent of the National Environmental Policy Act (NEPA). The Nation’s environmental 

policy was enacted on November 24, 1998 and led to the creation of a Department of 

Environmental Protection and a position for a designated Environmental Manager. 

• The policy upholds the Nation’s intent to be a responsible trustee of the 

environment for the benefit of future generations. Through means of an 

environmental protection policy and an environmental management system, the 

Nation subscribes to optimizing the use of natural resources while minimizing 

degradation or compromising public health and safety. The policy endorses 

sustainable development while ensuring a safe, aesthetically pleasing and 
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productive environment for its members and all those who work on or visit the 

Nation’s lands. 

• The Nation’s environmental policy advocates the protection of the environment 

through pollution prevention, waste reduction, and judicious use of renewable and 

nonrenewable resources, energy conservation, and preservation of important 

historic, cultural, and natural resources. 

• The Nation’s policy also directs all agencies, departments, programs and projects 

of the Nation to consult and cooperate with the NYSDEC on proposals for 

community or economic development, to ensure environmental factors are given 

due consideration in decision-making. 

• The policy also requires consideration and analysis of alternatives of actions 

proposed and establishes a system for resolution of impending issues. 

• The policy authorizes the Environmental Manager to produce an annual 

Environmental Quality Report on the status of the natural environment on Nation 

lands, foreseeable trends and their potential effect, review of programs and 

regulatory activities affecting the environment, recommendations for their 

enhancement, and development of new policy. This report is produced exclusively 

for internal intergovernmental purposes only. 

Amended Zoning Ordinance 

The Nation regulates the use of lands it possesses, owns, or holds in its sovereign capacity, 

through Zoning and Land Use Ordinances. The Zoning Ordinance, enacted on October 4, 

1994 and amended October 1, 1999 supports the Nation’s mandate to provide for the 

health, safety, and welfare of the people of the Nation. 

• The Zoning Ordinance controls development of the Nation’s lands by regulating 

and limiting the lot sizes, number, size and height of buildings, their use and 

density, and the size of yards and open spaces. 

• The Nation’s Zoning Ordinance places special emphasis on removal of existing 

house trailers, prohibits introduction of additional mobile homes, and promotes 

increasing the size of occupied lots. 

Land Use Ordinance 

The Nation established its Land Use Ordinance on July 8, 1998, whereby it appointed a 

Commissioner of Nation Safety and Public Works to administer and enforce the law. The 

intent of the Land Use Ordinance is to regulate the type of use allowable on specific areas 

of land through permitting requirements. The Land Use Ordinance: 

• Authorizes the Nation to issue a Land Use Permit or Special Land Use Permit for 

any new construction or changes to existing use. All proposed development or 

alteration must conform to requirements of the Land Use Ordinance. 

• Establishes the Nation’s right to designate “districts” on its lands for area specific 

regulation. The land use districts are depicted on an official land use map (Figure 

3.2-16) approved by the Men’s Council, Clan Mothers and Nation Representative 
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(The Nation, 2002). The map shows the Nation zoning designations assigned to 

the limited properties held by the Nation within the City of Oneida, along and 

near U.S. Route 46, north of Peterboro Road and north of the Town of 

Stockbridge town line. 

• Establishes permissible use and use regulations for each district. It establishes 

residential districts, community and government districts on lands owned by the 

Nation. A description of each district and their respective permitted uses are 

provided in Section 3.2.4 Land Use and Zoning of this Draft EIS. 

• Establishes provisions for residential uses such as Zero-Lot Line Development, 

Planned Unit Development, and Unassigned Residential Development. 

• The Community and Governmental District which permits such uses as community 

activities, government services, administration functions, and governmental 

facilities. 

• Establishes the site development standards for dwelling size or building coverage, 

street frontage, lot depth, area, setback, and parking space requirements 

permissible within each district. 

• Establishes application and procedural requirements on behalf of applicant and the 

Nation for a Land Use or Special Land Use Permits. This includes advising 

contiguous residents of the application and holding a hearing if necessary (The 

Nation, 1998). 

Nonresidential Land Use Ordinance 

Whereas the Land Use Ordinance focuses primarily on the development of land for 

residential uses, the Nation also enacted the Nonresidential Land Use Ordinance on 

March 7, 2005 to regulate all other development on its Nation. Development for 

nonresidential use is administered by a committee that was also established under this 

ordinance. 

• The Land Use Ordinance authorizes the committee to issue a Special Land Use 

Permit for nonresidential use of the Nation’s lands. The committee negotiates and 

executes the permit in the form of a Land Usage Agreement between the applicant 

(a Nation member) and the committee. 

• Land Usage Agreements are in conformance with requirements of the Nation’s 

Land Use Ordinance. 

Establishment of the Oneida Housing Corporation 

Housing on the Nation’s lands is managed by the Oneida Housing Corporation (OHC), 

instituted in September 1997 by the Nation and regulated according to the provisions of a 

Housing Code. Managed and operated by an appointed Director, the OHC is responsible 

for developing and managing housing accommodation including low-income housing for 

the Nation members. 

• OHC is also instrumental in administering grants and contracts and executing 

loans to Nation members to assist in the purchase of a residence. 
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• OHC is authorized to utilize services of the Nation Governmental Programs and 

Services group in planning, construction design and development; secure assistance 

from the Nation Public Safety Department for the safety of all Nation residents 

and properties, and prevent illegal activity; secure assistance of the Nation Finance 

Department in monitoring finances, financial reporting, budgeting, administration 

and other operation assistance. 

• OHC is responsible for promulgating rules and regulations for housing rentals and 

ownership on the Nation’s lands. 

• The OHC may also be designated as beneficiary of all intergovernmental 

agreements between the Nation and other governments if necessary for funding 

requirements. 

Ordinance Amending Housing Code 

The Nation established a Housing Code in April, 1997, which was repealed and an 

amended Housing Code was adopted on June 21, 2001. The Housing Code protects 

home-owners rights and provides a legal framework for conducting real estate and 

property transactions, rules for inheritance, procedures for recording, and the priority and 

foreclosure of mortgages to secure loans on Nation lands. 

• The Housing Code establishes the rules for all transactions concerning sales, 

purchase, rental, lease, or use of all housing buildings for occupation within the 

territorial jurisdiction of the Nation’s lands. It applies to insurance, mortgages, and 

use agreements. 

• The Housing Code also establishes procedures for obtaining loans or other funding 

for Nation member housing or private construction. 

• This ordinance may be superseded by other Nation laws or ordinances that have 

been enacted to comply with statutes and regulations of any agency of the U.S. that 

conflict with the provisions of this code. 

Health and Safety Ordinance 

The Health and Safety Ordinance of the Nation protects public health and enforces safety 

of structures and public facilities on the Nation’s lands. Amended in July 8, 1998, the 

Health and Safety Ordinance established a Department of Nation Safety and Public Works 

and appointed a commissioner for enforcement and with powers to adopt new amended 

standards. This ordinance upholds the Nation’s commitment to protecting the health and 

safety of its members, visitors, and employees. 

• The Nation’s Health and Safety Ordinance establishes a series of standards that 

must be adhered to during construction, operation, and demolition of structures or 

public facilities. 

• The standards adopted through this ordinance are not restricted to those issued by 

the Nation. Many of the standards adopted are national codes issued by private 

organizations, such as the National Building Code issued by the Building Official 

and Code Administrators International and the National Electric Code issued by 
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the National Fire Protection Association. Other standards are regional standards 

set forth by boards, such as the Recommended Standards to Waterworks and 

Recommended Standards for Waste Water Facilities issued by the Great-Lakes 

Upper Mississippi River Board. Some others are specific to the Nation and were 

issued by the Nation, such as the Food Service Sanitation Standards and 

Occupational Safety and Health Standards. 

• The standards adopted through this ordinance apply to all structures with the 

exception of Nation buildings used or built for traditional or ceremonial purposes 

or preserved for demonstrating historic activities or construction techniques.

• The health and safety ordinance was enacted to ensure that public facilities and 

structures on Nation lands had a safe, secure and sanitary environment, free of 

fire, physical, chemical or biological hazards, with proper fire escape provisions. It 

also ensures that all structures and facilities on Nation lands are designed and 

constructed to code, at par with or better than, any other structures or facilities on 

non-Nation lands.

Cultural, Historic or Archaeological Resource Ordinance 

• Enacted April 17, 2000, it established a Historic Preservation Committee. 

• This ordinance supplements the Environmental Protection Ordinance in detailing 

the procedures for the preservation and protection of historic, cultural and 

archaeological resources on Nation lands, and the roles of designated officials. 

• The ordinance requires an internal review of the sensitivity of a site, where 

construction activity is proposed, relative to its potential to impact a resource of 

historic, cultural significance or archaeological value. 

• The ordinance lays out the necessary qualifications and responsibilities of the 

appointed official, a Nation Historian, who is required to conduct an extensive 

background search on the construction area, project and proposed construction, 

and report findings to the committee for review. The Nation Historian is also 

responsible for coordination with the OPRHP and the SHPO on matters of 

cultural resource information. 

• The committee is authorized to make a determination of significant impact, 

recommend changes or further site evaluation, and recommend additional 

mitigation measures. 

3.9.5.4 Nation’s History of Regulatory Compliance 

When the Nation acquired the lands in Madison and Oneida Counties, the Nation 

asserted sovereign control and the lands then became subject to both Nation and Federal 

regulation. The Nation and Federal regulations became applicable, just as they are 

presently (described in Section 3.9.5.3 Present Regulatory Conditions). Many of the 

regulatory standards of New York State and local municipalities were incorporated by the 

Nation in their plans for development of some of those lands. The Nation strives to 

execute its ordinances and regulations in combination with cooperative ventures with 

local, New York State, and Federal agencies. A comparison of relevant New York State 

and Federal environmental regulations and programs is outlined in Table 3.9-5 at the end 
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of this section. An overview of New York State’s regulatory policies is presented in Section 

3.9.5.5 New York State Regulatory Policies. 

In many instances the Nation consulted and cooperated with local, New York State, and 

federal agencies in protecting environmental resources and ensuring health and safety of its 

members, employees, and visitors. The Nation’s regulatory procedures and cooperative 

efforts are described below. The following discussion is based on specific resource 

categories captured under an overarching environmental or health and safety policy of the 

Nation. It describes past practices and is indicative of how the Nation implements its 

policies. 

Environmental Policy 

The Nation’s policy related to the environment is to be an environmentally responsible 

neighbor to surrounding communities and to be committed to the protection and 

conservation of environmental resources. 

Water Resources

New York State controls its public water supply and usage. However, local municipalities 

often work together with Indian tribes to ensure local access to water for domestic, 

municipal, and other purposes. In 1995, the Town of Verona collaborated with the Nation 

to locate additional sources for water to alleviate dependency on on-site water wells. In a 

study commissioned and financed by the Nation, the City of Oneida was identified as that 

additional source. Soon thereafter, the City of Oneida entered into a contract with Town 

of Verona to provide the town with not less that 150,000 gallons per day. To facilitate 

supply to the Nation’s lands, the Nation funded a $7 million water line from the City of 

Oneida to the Town of Verona and a water tower serving both the town and the Turning 

Stone Resort & Casino located on the Nation’s lands. Residents of the Town of Verona 

along the water line route also benefit from the new water line as does the VernonVerona-Sherrill Senior High School. 

In seeking a renewable source of water to irrigate two of the golf courses at the Turning 

Stone Resort & Casino, Nation entered into an agreement with the City of Oneida to use 

effluent from the City’s wastewater treatment plant. The reclamation of effluent water has 

not only reduced demands on the region’s groundwater resources but also contributed to 

reduction in effluent discharge to Oneida Creek and ultimately to Oneida Lake. The 

Nation funded the installation of an energy-efficient tertiary filter at the City of Oneida 

wastewater treatment plant and constructed a pipeline to carry the effluent. Since its 

inception in 1997, this cooperative strategy has been exemplary in the region and has 

yielded significant energy savings to the City of Oneida, while upholding the Nation’s 

policy for water conservation. This joint-effort has also been praised by the USEPA and 

reported in “Guidelines for Water Reuse” (2004) as “...an inter-governmental and multijurisdictional effort...”. In 2003 and then in 2005, the Nation partially funded the 
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upgrades to the City of Oneida’s wastewater facilities, continuing the successful 

partnership. 

Other efforts by the Nation consistent with the Nation’s Environmental Protection Policy 

have resulted in significant reduction of water consumption at the Turning Stone Resort & 

Casino. The Nation installed a state of the art on-line water treatment system on the cogeneration facility cooling towers to facilitate use of reclaimed water from the City of 

Oneida. This allowed for a water savings of about 40,000 gallons per day. Additionally, 

they installed a water treatment system at their RV park, resulting in a 15,000 gallon per 

day reduction in water use during the camping season. The Nation adopted other 

measures for water conservation in their day to day operations at the resort facility such 

as: 

• Eliminating the practice of thawing frozen foods under running water, 

• Draining water features like fountains less frequently for maintenance, 

• Using well water for golf-cart wash stations, 

• Installing water meters on all water feed lines into the resort and monitoring them 

daily for leaks or abnormalities, 

• Preventing unauthorized use of domestic water by turning off external hose bibs, 

• Running boilers at higher cycles of concentration, 

• Reducing the amount of blow-down cooling water used, 

• Lowering the level of water on the boiler condensate return tank to prevent 

overflows, and 

• Operating cooling tower fan motors with a variable frequency drive to march 

cooling loads and reduce evaporation. 

In a continuing effort to conserve and optimize use of water resources, the Nation 

cooperated with the Town of Verona in 2002 to fund a study that would identify an 

alternate source of water supply for a projected 20 year period, as required by the 

NYSDEC. In 2003, the Town of Verona and Nation jointly signed a 30-year agreement to 

purchase water from the potential source identified in the study, the Mohawk Valley 

Water Authority (MVWA). A 13-mile long pipeline was proposed to run from MVWA 

through the Towns of Westmoreland and Vernon to the Town of Verona. The Nation 

agreed to fund $10 million of the estimated $13.5 million project cost. A corresponding 

revenue sharing agreement between the Nation and MVWA was intended to have helped 

reimburse the Nation for its investment over a 30-year period. The agreement won the 

praise of local legislators but did not earn the approval of the NYSDEC and was not 

implemented. 

The Nation consulted and cooperated with federal agencies on other projects that required 

compliance with federal regulations to protect the waters of the U.S. For instance, during 
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the construction of the Turning Stone Resort & Casino, the contractors complied with the 

requirements for a State Pollutant Discharge Elimination System (SPDES) General Permit 

for Storm Water Discharges from Construction Activities to ensure that New York State 

water pollution prevention standards were met or exceeded. A Storm Water Pollution 

Prevention Plan (SWPPP) was prepared containing specific information about the project 

and measures to prevent the water pollution from run-off at the construction site. The 

Nation’s Environmental Manager monitors the SWPPP on a weekly basis. The Nation also 

hired an outside consultant (Dunn & Sgromo Engineers, PLLC) to conduct storm water 

pollution prevention inspections for conformity with New York State and federal 

standards. Also, during construction of the golf courses, the Nation cooperated with 

NYSDEC to inspect occasional siltation and flooding issues arising from the construction 

of the golf courses. NYSDEC personnel were given access to the golf courses, the building 

plans, and design documents. Upon NYSDEC’s recommendations, the Nation included 

stone check dams, siltation ponds, and silt fencing around stockpiles of topsoil to check 

potential erosion. 

Air Resources 

In 2003, the Nation built a natural gas-filled cogeneration facility to meet energy 

consumption needs at Turning Stone Resort & Casino. Cogeneration, also known as 

combined heat and power, cogen, district energy, total energy and combined cycle, is the 

simultaneous production of heat (usually in the form of hot water and/or steam) and 

power utilizing one primary fuel. The Nation’s choice of a cogeneration facility aligned 

with their mandate for optimizing use of natural resources. Cogeneration produces a given 

amount of electric power and process heat with 10 percent to 30 percent less fuel than it 

takes to produce the electricity and process heat separately. 

Prior to the construction of the cogeneration facility, Turning Stone Resort & Casino was 

an existing non-major facility for nitrogen oxide emissions with a potential to emit 

approximately 90 tons per year. With the construction of the cogeneration facility, 

Turning Stone Resort & Casino added 60 tons per year to its nitrogen oxide emission 

potential and, therefore, qualified as a major source, a designation that required the 

Nation to obtain an operating permit. This permit requirement is based on the attainment 

designation area in which Turning Stone Resort & Casino is located. Turning Stone 

Resort & Casino is located in an area currently designated as marginal non- attainment 

for ozone. The addition of the new cogeneration facility caused the potential emissions 

from Turning Stone Resort & Casino to exceed major source levels as defined by 40 CFR 

§ 70.2 and 71.1. The Nation applied for an operating permit from USEPA Region 2 

under Title V of the Clean Air Act. 

In an August 29, 2003 letter sent to USEPA Region 2, the Nation’s vendor on the 

cogeneration project confirmed the correct Air Emissions Source permitting path that the 

Nation would follow. The Nation complied by inventorying all emission sources for the 
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USEPA to ascertain permit conditions and monitoring requirements. On February 3, 2005, 

the USEPA Region 2 notified the public of its intent to issue a draft operating permit to the 

Nation. The notice opened the process to a public comment period, which ended on 

March 30, 2005. The USEPA also received comments from the NYSDEC although after 

the comment period ended. On February 11, 2006, USEPA Region 2 issued a draft Title V 

permit to Turning Stone Resort & Casino pursuant to 40 C.F.R. § 71 and responded to all 

public and NYSDEC comments. A full copy of the administrative record was made 

available for public review. The final Title V Permit for Turning Stone Resort & Casino 

was issued on February 22, 2006. The Nation has been since in compliance with all 

stipulated federal requirements as prescribed in the Title V Permit. For details on the 

cogeneration facility and permitted air emission levels, please see Section 3.4 Air Quality. 

Ecological Resources

The intent of the Nation’s Environmental Protection Ordinance is to remain committed to 

the protection and conservation of environmental resources. To this end the Nation has 

worked cooperatively with Federal and New York State agencies, especially to ensure the 

protection of wetlands. According to the Nation, it is their policy to first avoid, then 

minimize, and finally mitigate any unavoidable impacts to wetlands as a result of 

developmental activity. The Nation policy follows federal wetland guidance (USACE, 

2002) for preventing net losses of wetland area and replacement of wetland functions by 

providing wetland mitigation at a 1:1 ratio for areas with a low rating based on wetland 

functions and 2:1 for areas with a high rating (Blatner and Jaehnig, 1996). 

The Nation, through its contracted consulting firms, followed the USACE Wetland 

Delineation Manual to delineate wetlands on Nation lands in 1997 and 2002 before 

construction of its golf courses. Using USACE and NYSDEC records and consultation 

with USFWS, plant and wildlife species habitats were also indicated on the delineated 

wetland maps. The results of these studies were incorporated into the design and 

development of the golf courses. Subsequently, the Shenendoah Golf Club and two other 

Nation owned golf courses, Kaluhyat and Atunyote, were awarded Bronze Signature 

Status by Audubon International for comprehensive natural resource management. The 

Bronze Signature Status is recognition of the Nation’s commitment to integrated wildlife 

conservation, habitat restoration and enhancement, water conservation and water quality 

protection. 

Among mitigation practices, the Nation has used on-site and off-site mitigation measures 

in the past. To mitigate for impacts on wetlands during construction of the Turning Stone 

Resort & Casino, the Nation enhanced woody wetland patches, created drain basins and 

open water ponds, and planted appropriate vegetation. Later, in 2002, the Nation 

developed a more comprehensive wetland mitigation plan during the expansion of the 

Turning Stone Resort & Casino. As part of the plan, it established the Germany Road 

Wetlands Mitigation Bank (GRWMB) on Nation Parcel 37. The GRWMB is a wetland 
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reserve on 75-acres of land on Nation lands, which offsets impacts to wetlands elsewhere 

on other Nation lands. The Nation has used 28.66 acres to date of these 75 acres as 

mitigation for the Nation’s wetland impacts. The Nation’s wetland consultants monitor 

the mitigation bank and provide an annual report. According to the Third Annual 

Mitigation Monitoring Report, the mitigation plan has been implemented and exceeds all 

the required success criteria prescribed (Wetland & Ecological Consultants, 2005). 

The Nation also conducted a wetland delineation in 1998 in cooperation with the City of 

Oneida, to comply with the federal requirements of a Nationwide Permit, to construct a 

water pipeline from the City of Oneida to the Turning Stone Resort & Casino. The Nation 

coordinated and consulted with the USACE and the City of Oneida to obtain the necessary 

permits and ensure wetland protection. 

In 2000, the Nation performed dredging at the Marion Manor Marina on Oneida Lake. 

The Nation corresponded with the USACE as well as with the NYSDEC before beginning 

dredging activities. The Nation incorporated recommendations by the NYSDEC and the 

USACE in its plan for pollution control. The USACE deemed the Nation’s dredging 

project to be in full compliance with the requirements of both Section 10 of the River and 

Harbor Act and Nationwide Permit 35. 

The Nation implements a Hunting Regulation to ensure safety of the public and restricts 

the hunting of wildlife to sustainable limits. The regulation governs “all activities arising 

out of or reasonably related to the hunting of any wild game....by members of the Oneida 

Nation” (Nation Hunting Regulation, 2002). It requires prospective hunters to obtain a 

Hunting License, a Field Registration Card, a Carcass Transportation Tag if hunting big 

game, and a Hunter’s Vehicle Tag from the Nation’s Office of Public Safety. There are 

prohibitions on weapons that may be used and on selling and wasting animal meat. The 

Nation has designated certain areas within Nation lands as hunting and fishing sites to 

limit these activities to sustainable levels. 

In 2005, NYSDEC tested deer in two Oneida County herds as positive for Chronic 

Wasting Disease (CWD) a terminal disease that affects the nervous system of deer and elk 

causing brain deterioration. Sources at the Nation’s Department of Environmental 

Protection report that, at New York State’s request, the Nation’s Commissioner of Public 

Safety consulted and coordinated with the contact person on CWD at the NYSDEC to 

assist the agency in controlling the disease. New York State’s personnel were given access 

to Nation lands and the Nation consented to implementing New York State’s Chronic 

Wasting Disease Response Plan on Nation lands. 

The Nation maintains a herd of approximately 900 Black Angus cattle which supplies 

restaurants, including those owned by the Nation, with high-quality beef. In accordance 

with the Nation’s principles to optimize the use of natural resources without 

compromising public health and safety, the cattle is fed the Nation’s own agricultural 
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produce, including yellow corn, barley, wheat, soy beans and hay, which are steroid and 

hormone free. 

The Nation also operates a boarding facility for dairy cattle (Heifer Hotel) that allows 

dairy farmers to board their young calves until they are ready to be bred or milked. At 12 

to 18 months, the calves are bred with resident bulls and returned to the owner one month 

prior to the delivery. 

In 2006, the Nation is seeking to comply with federal regulatory standards for 

Concentrated Animal Feed Operation. To this end, the Nation is researching various 

manure management systems, such as a biogas recovery system that uses anaerobic 

digestion for manure disposal. The biogas recovery system is a widely recognized 

sustainable practice for the reuse and recycling of organic waste for energy generation. The 

Nation plans to begin construction of a manure management system in 2006, for which it 

has sought Federal grant funds from the USEPA and the BIA’s Environmental Resource 

Committee. 

In other conservation efforts, the Nation has cooperated with the NYSDEC in developing 

an environmental protection plan for the Rome Sand Plains, an inland pine barren (New 

York State Department of Environmental Conservation, 2003). The Rome Sand Plains are 

a popular tourist destination for local residents and contain diverse and unique plant and 

animal life. The Nation is a member of the Rome Sand Plains Management Team, 

assisting the NYSDEC and Oneida County with restoration of rare plant species, 

enhancement of flora and fauna around ancient sand dunes, and protection of unique 

birds endemic to the area. 

The Nation has also been involved with The Great Swamp Conservancy, a local 

conservation group. The Conservancy strives to foster environmental education, preserve 

biological diversity and manage natural resources in the Oneida Lake and Ontario Lake 

watersheds. The Nation funded the Great Swamp Conservancy’s effort to restore 

sweetgrass and black ash populations on the Nation’s lands (Indian Country Today, 

2003). Both are plant species important to Iroquois culture and used in the manufacture of 

various products. The Nation also helped the Conservancy with its environmental 

education efforts by sponsoring nature festivals and other educational events. Each year 

the Conservancy and Nation together with local elected officials celebrate Earth Day with 

a tree planting ceremony. Typically the Nation members attend the ceremony in 

traditional headdress and address the gathering in the Oneida language. In 2006, elected 

officials from the Towns of Lenox and Sullivan and the Village of Canastota planted a 

white pine tree, the Oneida symbol of peace, to signify the importance of Earth Day. 
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Land Use and Zoning

Nation lands are located in 11 townships, five villages, and two cities. The towns have 

established zoning regulations and in many cases, certain villages also have adopted their 

own jurisdictional regulations. For further discussion of zoning regulations in these 

communities, please see Section 3.2.4 Land Use and Zoning. 

The Turning Stone Resort & Casino, built in the Town of Verona in 1987, was a unique 

development in the region. The property and many of its accessory maintenance and golf 

services and structures were zoned as part of the Planned Unit Development (PUD) District 

(Town of Verona Zoning Map, 2004). The PUD district allows, “for a variety of land 

uses and a flexible arrangement of lots, structures and land uses in a well-planned and 

coordinated design. The flexibility of land uses and lots is achieved by the Town 

continuously participating in and approving stages of project planning and development. 

Any combination of land uses already permitted within the Town may be proposed for 

development on sites under this district. This district is also intended to accommodate for 

land uses or scales of development that may be unique or require fuller consideration by 

the Town.” Development of Turning Stone Resort & Casino was generally congruous 

with the purpose, intent, and general provisions of the PUD zoning district. 

The Nation’s Land Use Ordinance established the Nation’s right to designate districts for 

“specific portions of the lands under the territorial jurisdiction of the Oneida Nation for 

the application of area specific regulations” (The Nation, 1998). 

Nation lands located within the City of Oneida have been designated as Planned Unit 

Development, Community and Government, and Unassigned Districts according to the 

Nation’s Land Use Ordinance. The existing uses in the PUD zoning district include, the 

Education Resource Center, the Culture and Education Center, Family Services and 

Facilities Department, and the Village of White Pines. The existing uses in the Community 

and Governmental District include the Nation’s legal offices, administrative offices, and an 

abandoned rink / go-cart track, and the housing corporation. There is a SavOn gas station 

and convenience store and agricultural uses in the Unassigned Residential district. 

The City of Oneida’s recently adopted Zoning Map (City of Oneida, 2006) includes these 

properties in the City’s Rural Residential or Agricultural zoning districts, as presented in 

Section 3.2.4 Land Use and Zoning. The Agricultural zoning district permits agricultural 

uses, residential uses, rooming houses and by special permit it allows golf courses, 

cemeteries, and other uses. The existing Nation land uses located within the City’s 

Agricultural zoning district are generally congruous with permitted uses in that district. 

The City’s Rural Residential zoning district permits rural activities, agricultural uses, and 

residential dwellings. 
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Overall, existing Nation land uses throughout the townships are generally congruous and 

compatible with land uses and activities on adjacent non-Nation land. 

Health and Safety Policy 

The Nation’s policy is to protect the health and safety of Nation members and others who 

reside within the territorial jurisdiction of the Nation. 

Public Safety

As per the Nation’s gaming compact with New York State, the Nation funds 21 New 

York State officers who enforce New York State laws within Class III gaming areas and 

who conduct background investigations on Nation employees and vendors. 

With reference to county public safety arrangements, the Nation entered into public safety 

agreements with the Madison County and Oneida County in 1995 (The Nation, 1995). 

The Special Cross-Deputization Agreements established that the Nation’s Police 

Department has the power to enforce the laws of New York State on the Nation’s land. 

The Nation Police Department was founded in 1993 and it is charged with maintaining 

public safety and investigating suspected crimes on the Nation’s lands. Additionally, the 

Nation Police Department conducts background investigations on employment applicants. 

The Special Cross-Deputization Agreements of 1995 set forth procedures to facilitate cooperation, including procedures regarding first response and back-up response, between 

municipal law enforcement agencies and the Nation Police Department. Madison and 

Oneida Counties unilaterally terminated these deputization agreements after attempts to 

settle land claim litigation failed (Middaugh, 2000; Cary, 2000). 

Cooperation between law enforcement agencies from Madison County, Oneida County, 

and the Nation has been successful. Line officers routinely cooperate with officers from 

other forces with respect to law enforcement concerns. The Nation’s Police Department 

assists with the repossession of motor vehicles on Nation lands. Upon the commission of 

any crime, the Nation’s Police Department detains the suspect and transfers that person to 

the municipal police department for arrest. 

Continuing with a practice that has been ongoing for more than one decade, Nation police 

staff and county police staff attend monthly meetings to discuss effective law enforcement 

techniques and to ensure departmental coordination. Law enforcement agencies take turns 

hosting the meetings, preparing meeting agendas, and discussing existing inter-agency 

efforts and programs. Some programs and efforts include an anti-drunk driving initiative 

and domestic violence awareness efforts. Additionally, the Nation Police Department 

requests the assistance of surrounding police departments in crowd control at concerts, 

public events, or public meetings held on Nation lands. The overtime costs incurred by 

such requests are recompensed by the Nation. Local law enforcement personnel and the 

Nation Police Department frequently assist one another in criminal investigations. 
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On a Federal level, the U.S. Department of Homeland Security, via the Syracuse U.S. 

Attorney’s Office, sends the Nation Police Department daily bulletins. 

Additionally, under 25 U.S.C § 232, New York State has jurisdiction over offenses 

committed by or against Indians on Indian reservations just as anywhere else in New 

York, affording an extra layer of police protection on the Nation’s lands. 

Fire and Emergency Protection

In 1993, the Nation entered into a service agreement with the Town of Verona Fire 

Department by which the Nation agreed to pay for fire protection of the Turning Stone 

Resort & Casino and all commercial property and first-floor residential property in the 

Verona Fire District. In 1996, the Nation and Town of Verona Fire Department entered 

into a new agreement based on the Nation building square-footage requiring protection. In 

2004, a flat fee was established for the fire protection service provided to the Nation. 

During the period from 1999 to 2003, approximately 12 percent of the Town of Verona 

Fire Department’s requests for fire protection services originated from Nation lands as 

presented in Table 3.9-4 (Verona Fire District and Verona Fire Department, 2004). 

Table 3.9-4 

Calls to the Town of Verona Fire Department 

Year Total Number of 

Calls Received 

Number of Calls from the 

Turning Stone Resort & Casino 

Percentage of Calls to the 

Turning Stone Resort & Casino 

1999 304 35 12 

2000 287 17 6 

2001 326 33 10 

2002 315 40 13 

2003 430 73 17 

Total 1,662 198 12 

Source: Verona Fire District and Verona Fire Department (2004) 

The Town of Verona Fire Department and the surrounding fire departments have made 

efforts to develop a program that will effectively protect the patrons and staff at the 

Turning Stone Resort & Casino. As prepared by the Town of Verona Fire Department, 

the Turning Stone Resort & Casino July 2005 Mutual Aid Fire/Rescue/MCI Plan ensures 

adequate fire protection personnel and fire protection equipment are available to respond 

to emergency situations (Town of Verona Fire Department, 2005). The establishment of 

this Mutual Aid Plan brought the number of available personnel, at the time of the 

agreement, to approximately 145. The local emergency service agencies participating in 

this Mutual Aid Plan include: 

• The Town of Verona Fire Department; 

• The City of Rome Fire Department; 

• The City of Oneida Fire Department; 
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• The Town of Oneida Castle Fire Department; 

• The Town of New London Fire Department; 

• The Town of Vernon Center Fire Department; 

• The City of Sherrill Fire Department; 

• The Town of Durhamville Fire Department; 

• The Town of Vernon Fire Department; 

• Vineall Ambulance; and 

• Oneida County’s E911 and Emergency Medical Service. 

Most recently updated in August 2005, the Mutual Aid Plan details how the Town of 

Verona Fire Department would staff and manage a significant fire, emergency situation, or 

mass casualty incident at the Turning Stone Resort & Casino. (Town of Verona Fire 

Department, July 2005). Training sessions and programs were conducted for the fire chiefs 

and deputy fire chiefs of those emergency agencies participating in the Mutual Aid Plan. 

Additionally, as part of the program, the Nation identified for the Town of Verona Fire 

Department seven locations in which hazardous materials are stored and/or used. 

In an effort to further expand the Nation’s fire protection, the Nation is in the process of 

hiring its own fire marshal. This position would be partially funded by the BIA. Several 

Turning Stone Resort & Casino employees would be trained to be first-responders by the 

fire marshal and the Nation’s fire consultant, Captain Doug Whittaker of the City of 

Syracuse Fire Department. The first-responder team would work to eliminate the amount 

of fire damage occurring before the arrival of the Town of Verona Fire Department. 

According to the Town of Verona Fire Department, there have only been “a handful of 

minor fires on Nation-owned property since the early 1990’s, when the Nation began 

acquiring the properties” (Town of Verona Fire Department, July 2005). 

Additional fire protection is provided by a sprinkler system and standpipes installed in the 

Casino, the hotels, the Bingo Complex, the Convention Center, and the Event Center. The 

parking garage is equipped with a fire suppression system. Water for the sprinkler system 

is provided from the Nation’s on-site Fire Pumphouse, adjacent to the co-generation 

facility on Snyder Road. Outside consultants regularly inspect the Fire Pumphouse. 

Emergency Medical Services

The Turning Stone Resort & Casino’s security officers typically handle medical 

emergencies which occur within this facility. Many of the security officers are trained 

emergency medical technicians. As per the Mutual Aid Plan, the Town of Verona Fire 

Department would be contacted only if an incident were considered to be very serious, 

involved many people, occurred away from the Turning Stone Resort & Casino, or 

occurred at a construction site (Town of Verona Fire Department, July 2005). 
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Related to emergency preparedness, frequent and open communication occurs between the 

Nation and all local, New York State, and Federal law enforcement agencies. The Nation’s 

Commissioner organized a terrorism awareness program and attended various New York 

State programs to keep apprised of the latest developments. 

On March 24, 2006, at the request of the New York State Department of Health, Nation 

representatives met with New York State officials to discuss how to manage an avian flu 

outbreak. Recent threats of a bird flu pandemic prompted the extensive cooperation 

between the Nation and various local, county, and New York State health agencies. 

Construction

The Nation inspected its buildings and codes from 1993 to 1999 pursuant to the standards 

identified in the Building Officials and Code Administrators International, Inc. In 1999, 

the Nation adopted the IBC, the International Fire Code, and the Property Maintenance 

Code, incorporating them into its own building code – the Oneida Indian Nation’s 

Building Code Compliance Policy and Procedures (the Building Code). 

The Building Code outlines and identifies the steps that a construction sponsor must 

follow prior to the commencement of any new construction of renovation. These steps 

must include notifying, presenting plans to, and obtaining a building permit from the 

Building and Construction Inspector, who is also the Code Enforcement Officer for the 

Village of Hamilton (The Nation, 1999). All construction documents must be prepared in 

accordance with both the IBC and the American Society for Heating, Refrigerating, and 

Air Conditioning Engineers Standard 90.1-1989 for Energy Efficient Design (The Nation, 

1999). The Building Construction Inspector is charged with performing inspections 

throughout the building and construction process to ensure compliance. Upon the 

completion of construction, a certificate of occupancy is issued if all requirements have 

been met. 

Demolition Plan 

The Nation requires that structures on its land meet or exceed public safety standards. In 

reacquiring some properties, the Nation found that they included some substandard 

deteriorated buildings and structures. According to the Nation’s policy, where substandard 

structures are present, the Nation identifies the property as a candidate for demolition. 

The Nation has so far designated 58 such properties of which nine have already been 

demolished. The Nation expects to have completed demolition on all remaining properties 

by the end of 2006. 

According to the Nation’s procedures, the process for demolition involves an initial 

inspection by the engineering coordinator of the Nation’s Construction and Design 

Department to determine if the structure is salvageable. A determination of the property’s 

aesthetics and if demolition is appropriate is also made. If initial inspection determines the 
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property or structure to be suitable for demotion, the Nation’s historian and archeologist 

assess the cultural, historical and archeological significance of the property, pursuant to 

the National Historic Preservation Act of 1966. A report that includes a site description, 

photographs of the structure and site maps, summary of the research, and the assessment 

about the site’s historical, cultural or archeological significance, is submitted to the project 

manager. An outside archaeological expert may be used to assess the structure’s eligibility 

for the National Register of Historic Places. If the report concludes that the structure is 

culturally significant, the report is submitted to the Nation’s government for review. The 

Nation’s Office of Safety and Public Works makes the final decision as to whether to issue 

a Land Use Building Permit to authorize the demolition of the structure. In May, 2006, 

based on an archaeological significance report on ten structures prepared by the Nation’s 

historian, the Nation modified its demolition plans on one structure and recommended not 

to demolish another structure. 

The Nation’s Project Manager and Environmental Planning Manager inspect all structures 

to be demolished for hazardous materials and still-connected utilities. If presence of 

asbestos-containing material is suspected, the Nation hires an independent contractor to 

conduct a pre-demolition asbestos inspection. The Nation hires New York State-certified 

asbestos abatement companies to perform any required asbestos removal. The project 

manager also ensures that the local municipality disconnects and seals any remaining 

utility connections and that the Nation has disconnected and sealed all septic tanks. 

Following these three steps (initial inspection, cultural assessment and necessary 

abatement), the project manager can apply to the Nation’s Office of Safety and Public 

Works for a Land Use Building Permit. If the Office’s Commissioner determines that all 

requisite steps have been fulfilled, a permit is issued and demolition can begin. 

The Nation contracts with outside firms to monitor air quality during demolition when 

asbestos is a concern and to transport hazardous and non-hazardous debris to the 

appropriate landfill. The structure is hosed as it is being razed to limit dust transport. 

After demolition, the site is seeded and graded, and the project manager submits a final 

report to the Office of Safety and Public Works. 

Solid and Hazardous Waste 

Under USEPA guidelines regarding hazardous waste, the Nation is a Conditionally Exempt

Small Quantity Generator, and is allowed to generate up to 100 kg of waste per month. 

According to the Nation, the actual waste generated by the Nation’s facilities and 

operations is far less than the permissible USEPA threshold. The Nation uses Safety-Kleen 

Systems, Inc., the largest recovery and recycling company in North America, to remove 

and dispose of hazardous waste. The Nation tracks the removal and disposal of 

hazardous waste pursuant to the USEPA’s Uniform hazardous Waste Manifest. The 

Nations contracts with Eggan Environmental Services for certain types of waste removal, 
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including septic tank pump outs. Eggan Environmental Services is a NYSDEC permitted 

waste transporter (Permit No. 6A-120). 

The Nation has implemented its own fuel spill policies and procedures. These require that 

if a spill of one gallon or more occurs at a gas or diesel facility, the Nation’s Police 

Department must be notified immediately. The Nation’s Police Department contacts the 

Nation’s Environmental and Risk Managers and the NYSDEC Oil Spill Hotline if a spill 

threatens to migrate across Nation lands or into any adjacent drainage ditches. After all 

fuel spills, the Station Manager creates a written record of the spill and files it on-site. For 

any spill of more than 20 gallons, a follow-up meeting is recommended to determine 

whether a change in procedure can be implemented to avoid a similar incident. This 

procedure is followed for spills occurring at a location other than gas stations. 

Food Safety

The Indian Health Service (IHS), a division of the U.S. Department of Health and Human 

Services, inspects the Nation’s approximately 25 food service stations, which includes the 

restaurants at the Turning Stone Resort & Casino, SavOn gas stations and convenience 

stores, and food stands, at the Nation’s request. The IHS conducts inspections of all food 

establishments three times per year, although Oneida County requires inspections of food 

establishments only once a year. The IHS follows the FDA’s Food Code – a model code 

that assists tribal regulators, among others, to properly monitor any Nation food and 

beverage establishment (U.S. Food and Drug Administration, 2005). The Nation entered 

into a Memorandum of Understanding between the USFDA and the IHS concerning food 

safety (U.S. Food and Drug Administration and Oneida Indian Nation Health Service, July 

1997). If any food establishment is deficient, the HIS returns to the site in a prescribed 

number of days and performs a follow-up inspection. 

Spa and Swimming Pool Safety

Swimming pools, wading pools, and spa pools, are inspected at least three times a year by 

the IHS. These inspections are conducted in accordance with the 1996 Recommended 

Standards for Swimming Pool Design and Operation with Great Lakes-Upper Mississippi 

River Board of State and Provincial Public Health and Environmental Managers, Illinois

Indiana, Iowa, Michigan, Minnesota, Missouri, New York, Ohio, Ontario, Pennsylvania, 

and Wisconsin. 

3.9.5.5 New York State Regulatory Policies 

New York State, through its several agencies and departments regulates the land, property, 

physical and biological environment, transportation, agriculture and market, parks, 

recreational resources, cultural and historic resources, finances, technology, law and order, 

and the health and safety of its citizens. There are at least 90 consolidated laws in New 

York State and several other unconsolidated laws and acts. 
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Land Administration

Counties, municipalities, towns, and villages in New York State are regulated under the 

General Municipal Law, Town Law, and Village Law. The General Municipal Law 

prescribes cross-municipality laws for amenities such as water supply, sewage disposal, gas 

and electric services, public health and safety, inter-municipal cooperation for shared 

services, historic preservation, and other cross boundary issues. It also authorizes 

establishment of special regulatory bodies such as city and village planning commissions, 

regional planning councils, county planning boards, urban renewal agencies, New York 

State Empire Zones, and business improvement districts. Areas designated for such 

districts or zones are afforded special status in New York to stimulate socio-economic 

growth in the region. 

New York State Town Law authorizes local municipalities to establish their own zoning 

regulations and planning procedures to control land use and development within their 

jurisdictions. Under New York State Town Law, town boards are authorized to develop a 

comprehensive or master plan that serves as a guide for community development, and to 

prescribe local land use and zoning ordinances that protect public health, safety and 

general welfare. Any proposals for development are reviewed for consistency with the 

master plan and must comply with local zoning regulations. Regional impacts are assessed 

under New York State General Municipal Law section 239. New York State Town Law 

also empowers towns to accommodate local community amenities such as open space, 

low-income housing, parks, senior care, or child care facilities in their master plans to 

benefit the residents of the community. New York State Town Law authorizes additional 

restrictions in special overlay districts to protect areas of historic significance, flooding 

concern etc. Towns can also designate special assessment districts for fire safety, water/ 

sewer distribution, and lighting restrictions. The Village of Canastota has a proposal for

the Master Plan for Canal Town U.S.A. that provides design guidelines and 

recommendations to establish a Canal Town historic area. Nation Parcel 33 would likely 

occur within the planning area for this special district. Some Nation lands in the Village 

of Sylvan Beach along the Erie Canal also fall under a HUD Canal Corridor Initiative for 

economic development along the Erie Canal Corridor. 

Environmental Conservation

Chapter 43-B of New York State consolidated law protects the environment. 

Environmental Conservation Law (ECL) regulates conservation and protection of natural 

resources through the NYSDEC. The law enables New York State to control water, land 

and air pollution, for the betterment of health, safety and welfare of the people of New 

York State. New York State is the trustee of the environment for present and future 

generations per the environmental policy. It is the policy of New York State to “improve 

and coordinate environmental plans, functions, powers and programs of the State, in 

cooperation with the federal government, regions, local governments, other public and 
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private organizations and the concerned individual, and to develop and manage the basic 

resources of water, land, and air” (New York State Laws, retrieved May 15, 2006). It is 

also the policy to “foster, promote, create and maintain conditions under which man and 

nature can thrive in harmony with each other, and achieve social, economic and 

technological progress for present and future generations.” 

The ECL is the primary law for protection, improvement and enhancement of the 

environment in New York State. The NYSDEC is the primary agency with regulatory 

oversight on New York State’s lands, forests, wetlands, fish and wildlife, water, air and 

cultural resources. The implementing regulations for environmental conservation are 

contained in the NYCRR Title 6 (see Table 3.9-5) 

Prior to the Nation’s requisition of lands proposed for conveyance into trust (the 17,370 

acres that comprise the Proposed Action), the protection of the environment, public health 

and safety fell under the purview of New York State’s regulatory jurisdiction. At present, 

lands surrounding the Nation’s lands remain under established local and New York State 

governance and regulatory jurisdiction. A brief overview of New York State’s 

environmental regulations for each resource category administered and enforced through 

the NYSDEC is discussed below. 

Overall environmental protection

Under Article 8 of the ECL, New York State established a policy to “encourage productive 

and enjoyable harmony between man and his environment; to promote efforts which will 

prevent or eliminate damage to the environment and enhance human and community 

resources; and to enrich the understanding of the ecological systems, natural, human and 

community resources important to the people of the State”. The State Environmental 

Quality Review Act (SEQRA) requires that the protection and enhancement of the 

environment, human, and community resources be given appropriate weight with social 

and economic considerations in public policy and in reaching decisions on proposed 

activities. 

In a formal correspondence from Madison County Planning Department to Malcolm 

Pirnie Inc., dated July 7, 2006, Madison County states that “any building, facility, on-site 

or community septic system or community water supply installed since the Oneida Nation 

took ownership of the property requires a permit/authorization issued by either the 

County of municipality”. The County also suggests that other structures such as signs may 

require permits depending on local laws and characteristics of the structure. Other 

requirements for permits can only be determined given more specific information on 

proposed actions and uses, and an on-site inspection. 
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Water Resources

Article 15 of the ECL protects water resources across New York State. New York State 

has sovereign power to regulate and control its water resources except when the power is 

delegated to the Federal government. Under this law, New York State regulates any 

interference with channels or beds of lakes and streams, alteration of water courses and 

gradients, impounding of water, and dredging and filling of stream beds. The NYSDEC 

also regulates the supply of potable waters for municipalities, the use of waters for 

industrial and agricultural purposes and the development or un-development of water 

power in New York State. 

Article 16 of the ECL establishes New York State’s participation in the Federal flood 

control program. It authorizes the NYSDEC to obtain funds for the cost of participation 

in the program which may include relocation or reconstruction of New York State 

highways, buildings, structures, facilities, or service lines; channel improvements; 

construction of check dams, quarries, gravel pits, burrow pits; for building access roads 

etc. It also authorizes the New York State to acquire any properties necessary of the 

purpose of flood control. 

Article 17 of the ECL seeks to safeguard the waters of New York State from pollution by 

preventing any new pollution and abating existing pollution. Under this law, the NYSDEC 

groups designated waters of New York State into classes based on their best usage. The 

law authorizes New York State to establish and adopt standards of quality and purity for 

each water classification. Implementation and enforcement of these standards also falls 

under the purview of the NYSDEC. The NYSDEC has the regulatory authority to control 

the discharge of wastewater from point and non-point sources into New York State’s 

waters through permitting procedures. The State Pollution Discharge Elimination System 

(SPDES) is a system of controlling discharges from point sources based on the 

requirements of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et 

seq.) and modeled after the National Pollutant Discharge Elimination System (NPDES). 

The discharges to New York State waters must conform and meet all applicable 

requirements of the Federal law. 

Authorized by the U.S. Congress, New York State also issues Water Quality Certification 

under Section 401 of the Federal Clean Water Act. A Water Quality Certification is the 

mechanism by which New York State evaluates whether an activity may proceed and meet 

its water quality standards. 

Air Resources

Article 19 of the ECL establishes New York State policy on Air Pollution Control, which 

is “to maintain a reasonable degree of purity of the air resources of the State, which shall 

be consistent with the public health and welfare and the public enjoyment thereof, the 

industrial development of the State, the propagation and protection of flora and fauna, 
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and the protection of physical property and other resources, and to that end to require the 

use of all available practical and reasonable methods to prevent and control air pollution 

in the State of New York” (ECL § 19-0103). New York State is empowered to safeguard 

its air resources by controlling or abating existing air pollution and preventing new 

pollution. New York State issues permits to construct facilities/structures that are sources 

of air emissions, and certificates to operate such facilities. The ECL Article 19 authorizes 

New York State to establish a program for sources subject to Title V of the Federal Clean 

Air Act, amended 1990. The New York State program delegates authority to New York 

State to issue a Title V Permit to all facilities that emit contaminants to the air in New 

York State, unless specifically exempted. The Title V is reviewed by the USEPA before it is 

finally issued to the facility. 

New York State has also instituted its own clean air program. A State Implementation 

Program (SIP) is a federally approved and enforced program that is required for areas of 

the New York State that are in non-attainment of the NAAQS. 

Ecological Resources

Articles 11 and 13 of the ECL protect fish and wildlife in New York State. The law 

regulates hunting and fishing in New York State and prohibits the taking, wounding, 

killing, sale, transport or possession of any protected wildlife, shellfish, harbor seals, 

crustacean and insects, except as permitted by the law. 

New York State also has a program for the protection of threatened and endangered 

species. In partnership with the Nature Conservancy, New York State’s Natural Heritage 

Program maintains a comprehensive list of rare, threatened and endangered species. 

NYSDEC regulates protection and conservation of these species. 

Articles 24 and 25 of the ECL authorize New York State to regulate Freshwater Wetlands 

and Tidal Wetlands, respectively. It is New York State’s policy to “preserve, protect and 

conserve freshwater wetlands and the benefits derived there from, to prevent the 

despoliation and destruction of freshwater wetlands, and to regulate use and development 

of such wetlands to secure the natural benefits of freshwater wetlands, consistent with the 

general welfare and beneficial economic, social and agricultural development of the State” 

(ECL § 24-0103). The NYSDEC regulates and restricts encroachment on New York State 

freshwater wetlands that are 12.4 acres or greater in size. New York State also regulates a 

100-foot buffer contiguous to these wetlands. NYSDEC is authorized to issue permits for 

any activities that may impact wetlands. Such activities could include “draining, dredging, 

excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any 

freshwater wetland, either directly or indirectly; and any form of dumping, filling, or 

depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly 

or indirectly; erecting any structures, roads, the driving of pilings, or placing of any other 

obstructions whether or not changing the ebb and flow of the water; any form of 
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pollution, including but not limited to, installing a septic tank, running a sewer outfall, 

discharging sewage treatment effluent or other liquid wastes into or so as to drain into a 

freshwater wetland; and any other activity which substantially impairs any of the several 

functions served by freshwater wetlands or the benefits derived from it” (ECL § 24-0701). 

Land Resources

Public Land and Forests in New York State are protected under Article 9 of the ECL. 

NYSDEC Division of Lands and Forests is responsible “for the management, protection 

and recreational use of these lands, the care of the people who use these lands and the 

acquisition of additional lands to conserve unique and significant resources”. New York 

State regulates forest management, timber harvesting, forest product utilization and 

marketing, management of conservation easements, forest taxes, and unique areas on 

public lands. It also exercises general oversight over forest health, managing forest insects 

and tree diseases. 

Mined Land

Under Article 23 of the ECL all Mineral Resources including Oil, Natural Gas, Liquefied 

Petroleum and Mined Lands of New York State are regulated by the NYSDEC. Title 27, 

Mined Land Reclamation Law, requires that mineral resources be developed in 

compatibility with sound environmental management practices. It authorizes New York 

State to manage and plan the use of mineral resources, and reclaim such land to 

productive use, preventing pollution, protecting the value of the property as well as the 

health, welfare and safety of the people, and the natural aesthetics of the area. To 

implement this policy, the NYSDEC regulates all mining activity in New York State 

through a permitting process. 

Solid and Hazardous Waste

Article 27 of the ECL prescribes the law in New York State for the collection, treatment 

and disposal of solid and hazardous waste. The law also stipulates sitting of hazardous 

waste facilities, reuse, recycling and marketing of solid waste materials, and transportation 

of solid waste on public roads to the disposal site. It authorizes the NYSDEC to prepare 

and manage New York State’s solid waste management plan consistent with its resource 

recovery policy and the Federal Resource Conservation and Recovery Act of 1976 and its 

amendments. New York State is authorized to review and approve brownfield 

investigation and remedial plans for clean-up operations. 

Other Laws in New York State protect lands designated for agricultural use, parks, 

recreation, and sites of historic significance. Public Health Law and Finance Law extend 

protection to the health, safety and welfare of the people of New York State, while 

Highway Law controls traffic on public highways. 
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Agriculture and Markets

Agriculture and Markets in New York State are regulated through consolidated New York 

State laws. The New York State Department of Agriculture and Markets regulates 

agriculture, horticulture, farm and dairy products, aquaculture, and the production, 

transportation, storage, marketing and distributing of food, and enforces and carry into 

effect the provisions of the laws of the New York State relative to weights and measures. 

The law authorizes creation of agricultural districts and provides incentives to maintain 

farmlands for primarily agricultural use (New York State Department of Agriculture and 

Markets website). Private landowners are required by law to submit an agricultural data 

statement if the proposed development is in an agricultural district or within 500 feet of a 

farm operation. Parts of the Nation’s lands included in the Nation’s Trust Application are 

situated in agricultural districts. 

The Agriculture and Markets Law prescribes New York State’s policy and agency 

authority on control and suppression of diseases of domestic animals (Article 5); licensing 

requirements of slaughterhouses (Article 5-A); sale of meat (Article 5-B); indemnification 

for rabies control (Article 6-A); manufacture and distribution of commercial feed (Article 

8); pest management (Article 11); agricultural environment management (Article 11-A); 

prevention and control of diseases in trees and plants, insect pests, and sale of fruit-bearing 

tree (Article 14); weights and measures (Article 16); adulteration, packing, and branding 

of food and food products (Article 17); licensing of farm products dealers (Article 20) and 

of food processing establishments (Article 20-C); milk control (Article 21); marketing of 

agricultural products (Article 25) and establishment of agricultural districts (Article 25-

AA) amongst other controls. 

The commissioner of the New York State Department of Agriculture and Markets has the 

authority to conduct investigations and take measures to best control, suppress or 

eradicate infectious or communicable diseases affecting domestic animals or carried by 

domestic animals that can affect humans. The commissioner may adopt and enforce rules 

and regulations to effectuate New York State law or may accept wholly or partially, rules 

and regulations adopted by the secretary of agriculture of the U.S. under any act of the 

U.S. Congress. (Agriculture and Markets Law, Article 5 § 72). The commissioner is also 

authorized to prevent the entry of injurious insects, noxious weeds and plant diseases into 

New York State and their eradication (Agriculture and Markets Law, Article 14). There is 

a requirement for a certificate of inspection to be issued for nurseries and registration of 

the nursery grower. 

Article 16 of the New York State Agriculture and Markets Law declares it the public 

policy of the State “...to encourage the gradual implementation of the metric system 

throughout the state’s government, industry, commerce, business, education and 

agriculture....and provide a revised code of weights and measures which will be responsive 

to the present and future needs of commerce, industry and consumers.” The weights and 
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measures law ensures fairness and equity marketplace by enforcing standardized 

measurements for all commodities including petroleum. New York State commissioner 

supervises law enforcement through the county and city governments. The standards 

adopted by New York State are the primary standards, implemented through the counties 

and cities. New York State inspects and corrects the standards of weights and measures of 

each county and city that maintains a weights and measures program. In establishing 

specifications and tolerances, New York State gives due consideration to federal and State 

requirements. New York State may enter into an agreement with federal agencies for the 

purpose of establishing and enforcing uniform specifications and tolerances. 

New York State protects its agricultural lands through the provisions of Articles 25-AA, 

Agricultural Districts. The Article declares it to be the policy in New York State to ...”to 

conserve, protect and encourage the development and improvement of its agricultural land 

for production of food and other agricultural products. It is also the declared policy of the 

State to conserve and protect agricultural lands as valued natural and ecological resources 

which provide needed open spaces for clean air sheds, as well as for aesthetic purposes. 

The constitution of the State of New York directs the legislature to provide for the 

protection of agricultural lands.” Article 25-AA provides for the creation of local 

agricultural districts pursuant to landowner initiative, preliminary county review, State 

certification, and county adoption. The purpose of agricultural districting is to encourage 

the continued use of farmland for agricultural production. New York State’s Program is 

based on a combination of landowner incentives and protections, all of which are designed 

to forestall the conversion of farmland to non-agricultural uses. The incentives include 

preferential real property tax treatment (agricultural assessment and special benefit 

assessment), and protections against overly restrictive local laws, government funded 

acquisition or construction projects, and private nuisance suits involving agricultural 

practices. 

Recreational and Cultural Resource Protection

New York State adopted the Parks, Recreation and Historic Preservation Law to protect 

its natural, scenic and other recreational resources. New York State’s policy is to establish 

and maintain a statewide system of parks, recreation and historic preservation. It requires 

that local, New York State, and national programs be coordinated and coordination be a 

function of New York State. The Office of Parks, Recreation and Historic Preservation 

administers four programs in the New York State including the Historic Preservation 

Program, the Parks Program, the Heritage Areas Program, and the Acquisition Program. 

The Historic Preservation program is used to improve, protect, preserve, rehabilitate or 

restore properties on the New York State or National Register of Historic Places. The 

Parks Program is used to preserve, rehabilitate or restore lands, waters or structures for 

park, recreation or conservation purposes, including such things as playgrounds, tennis 

courts, skating rinks, bandshells and facilities for swimming, boating, picnicking, hunting, 

fishing, camping or other recreational activities. The Heritage Areas Program is used to 
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preserve, rehabilitate or restore lands, waters or structures identified in a management 

plan approved by the Commissioner in accordance with Section 35.05 of the New York 

State Parks, Recreation, and Historic Preservation Law. The Acquisition Program is for 

the acquisition of a permanent easement in or fee title to loans, waters or structures, 

including open space or properties on the New York State or National Registers of 

Historic Places or identified in an approved local heritage area management plan. 

Article 14 (Historic Preservation) of the Parks, Recreation and Historic Preservation Law, 

declares it to be public policy to “engage in a comprehensive program of historic 

preservation to accomplish the following purposes: 1. To promote the use, reuse and 

conservation of such properties for the education, inspiration, welfare, recreation, 

prosperity and enrichment of the public; 2. To promote and encourage the protection, 

enhancement and perpetuation of such properties, including any improvements, 

landmarks, historic districts, objects and sites which have or represent elements of 

historical, archeological, architectural or cultural significance; 3. To encourage and assist 

municipalities to undertake preservation programs and activities; 4. To foster civic pride in 

the beauty and accomplishments of the past through cooperation with municipalities and 

local organizations; 5. To preserve and enhance the State’s attractions to tourists and 

visitors”. The law authorizes the commissioner of the Office of Parks, Recreation and 

Historic Preservation to establish a statewide historic preservation program that includes 

inventorying historic places and properties for nomination to the national register and 

New York State register of historic places; planning activities for the preservation and 

management of historic properties; administering grants with funds from the federal or 

New York State government for assisting local or regional preservation programs; 

assisting local and private agencies to promote their historic preservation programs; and 

educating the public. The law provides for the listing of sites, districts, structures, 

buildings, areas or objects above or below the surface of the earth, in the New York State 

register based on the criteria for listing on the national register. A historic preservation 

officer serves as a liaison to the commissioner regarding matters within his jurisdiction. 

The historic preservation officer is responsible for all properties owned by or held on 

behalf of the people of New York State by the agency of which he is an officer. The 

commissioner prepares a statewide comprehensive historic preservation plan based on the 

annual New York State plan submitted to the Heritage Conservation and Recreation 

Service in the U.S. Department of the Interior. The New York State Historic Preservation 

Office administers programs authorized by both, the National Historic Preservation Act of 

1966, Section 106 and the New York State Historic Preservation Act of 1980. These 

programs include the Statewide Historic Resources Survey, the New York State and 

National Registers of Historic Places, the federal historic rehabilitation tax credit, the 

Certified Local Government program, the New York State historic preservation grants 

program, New York State and federal environmental review, and technical assistance. 
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Almost all New York State policies for the protection of the environment, and public 

health and safety, are modeled after corresponding Federal policies. In many cases, Federal 

agencies authorize New York State to issue and enforce permits that meet Federal 

permitting requirements or Federal standards. Several laws of the U.S. government 

authorize grants to New York State to support development and operations of its 

programs implementing Federal policies. Such programs are federally approved and 

enforceable. Table 3.9-5 summarizes regulatory policies and programs of New York State 

and the corresponding Federal laws, protecting a specific resource. 

Table 3.9-5 

New York State and Federal Regulatory Framework 

New York State Federal 

Resource 

Category Statutory Authority and 

Implementing Regulations/ 

Programs 

Agency Statutory Authority and 

Implementing Regulations Agency 

ECL Article 19 

6 NYCRR 

Part 201-6 

Title V permit requirement 

for major facility 

NYSDEC Clean Air Act 

40 CFR Part 71 

Title V permit requirement 

for major facility 

40 CFR Part 60 

New Source Performance 

Standards 

USEPA 

State Implementation Plan 

(SIP) 

NYSDEC Clean Air Act 

Section 109 

National Ambient Air Quality 

Standards 

42 USC § 7502(c)-(d) 

Authorizes State 

Implementation Plans 

42 USC § 7601(d) 

Specific to tribal authority 

USEPA/ 

Tribal authority if 

lands are in nonattainment 

Air 

6 NYCRR 

Part 208, 211, 215, 217, 

218, 225, 227, 229, 

230,231,234, 238 

Emission control for other 

sources 

NYSDEC 40 CFR Part 40 USEPA 

Water ECL Article 15 

6 NYCRR 

Part 608 

Protection of Waters Permit 

requirement for 

watercourses, streams and 

marinas 

NYSDEC Clean Water Act 

Permit requirement for 

discharge to surface waters. 

Ground-water discharge 

regulated through Section 

319 programs 

42 USCA § 300h(e) 

USEPA/ 

Tribal authority 
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New York State Federal 

Resource 

Category Statutory Authority and 

Implementing Regulations/ 

Programs 

Agency Statutory Authority and 

Implementing Regulations Agency 

Specific to tribal authority for 

undergrd. injection control 

ECL Article 17 

6 NYCRR 

Part 750-757 

SPDES Permit requirement 

for stormwater run-off/ runoff from concentrated animal 

feeding operations 

SWPPP requirement 

NYSDEC Clean Water Act 

Section 401 

NPDES Permit requirement 

for stormwater run-off/runoff from animal 

feedlots/mining operations 

40 CFR § 122.34(b)(4)(iii) 

SWPPP regulation for tribal 

implementation 

USEPA/ 

Tribal authority 

ECL Article 15 

6 NYCRR Parts 

601-602 

Water supply permit 

10 NYCRR Part 5 

NYSDEC 

NYSDOH 

Safe Drinking Water Act 

42 USC §§ 300 (f) 

42 USC §300 (j) (11) 

SDWA specific to tribal 

lands 

USEPA/ 

Tribal primacy 

over 

enforcement of 

drinking water 

stds. 

6 NYCRR 

Part 666 

Scenic and Recreational 

River protection 

NYSDEC Wild and Scenic Rivers Act 

16 USC §§1271-1287 

USDOI-NPS 

ECL Article 17 Title 17 

Wastewater Disposal 

NYSDEC Clean Water Act 

40 CFR § 437 

NPDES discharge, subparts 

on POTW, CSO, SSO, MS4 

USEPA 

ECL Article 16 and 36 

6 NYCRR Part 500 

Floodplain development 

NYSDEC Flood Control Act; 

Water Resources 

Development Act (2005) 

Floodplain Development 

Permit 

USEPA 

ECL Article 24 

6 NYCRR Parts 

662-663 

Wetlands Permit 

requirement 

NYSDEC Clean Water Act 

Section 404 

Rivers and Harbor Act 

Section 10 

Wetland Permit requirement 

Wetland USEPA/ USACE 

Clean Water Act Section 

401 

Water Quality Certification 

Water Quality Standards USEPA/ 

Tribal authority 

ECL Article 11 & 13 

6 NYCRR 

Parts 1-48,57,63-101 

Hunting and Fishing 

NYSDEC Fish and Wildlife Law 

16 USC § 742 

Fish and Wildlife 

Conservation 

16 USC 2901-2912 

Fish and USFWS 

Wildlife 

6 NYCRR Part 181 Rabies NYSDEC 7 USC § 426 USDA 
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New York State Federal 

Resource 

Category Statutory Authority and 

Implementing Regulations/ 

Programs 

Agency Statutory Authority and 

Implementing Regulations Agency 

Control 

6 NYCRR Part 189 

Chronic Wasting Disease 

Rabies Control 

Farm Security & Rural 

Investment Act 

7 USC § 3191 

Chronic Wasting Disease 

6 NYCRR Part 182 

Threatened and Endangered 

Species Protection 

NYSDEC Endangered Species Act, 

Sections 2-18 

16 USC 1531-1544 

USFWS 

ECL Article 23 

6 NYCRR 

Parts 420-426 

Mined Land Reclamation 

Permit requirement 

NYSDEC Surface Mining Control and 

Reclamation Act 

30 USC §§1201-1328 

DOIOffice of Surface 

Mining 

Reclamation & 

Enforcement 

ECL Article 9 

Forests and Public Lands 

management 

Article 9-1503 

6 NYCRR Part 193 

Protected Plant Program 

NYSDEC 16 USC Chapter 3 

Forest Management 

Endangered Species Act, 

Section 12 

50 CFR Part 17 

USDA 

USFWS 

Parks, Recreation and 

Historic Preservation Law 

Title B Article 3 

Parks/Recreation 

Title C Article 14 

State Historic Preservation 

Act 

Historic/ Cultural/ 

Archaeological resource 

protection 

NYS 

OPRHP 

16 USC § 1 

Parks/Monuments/ 

Reservations 

16 USC 470 

National Historic 

Preservation Act 

Sections 106 & 110 

36 CFR Part 800 

16 USC 470 

Archaeological Resources 

Protection Act (ARPA), 

Section 2 

25 CFR Part 262 

43 CFR Parts 6 & 7 

25 USC 3001 

Native American Graves 

Protection and Repatriation 

Act (NAGPRA), Section 

10.1 

43 CFR Part 10 

USDOI-NPS 

Land 

Agriculture and Markets Law 

Article 16 

Weights and Measures 

NYSDAM Farmlands Protection Policy 

Act 

USDA 
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New York State Federal 

Resource 

Category Statutory Authority and 

Implementing Regulations/ 

Programs 

Agency Statutory Authority and 

Implementing Regulations Agency 

ECL Article 27 

Titles 3 and 7 

6 NYCRR 

Parts 364, 381 

Waste transporter permit 

requirement 

6 NYCRR 

Part 360 

Solid waste management 

and disposal 

6 NYCRR 

Part 373, 361 

Industrial hazardous waste 

management 

6 NYCRR 

Part 375 

Inactive Hazardous Waste 

Disposal Site Remedial 

Program 

NYSDEC Resource Conservation and 

Recovery Act (RCRA)- 

Subtitle C 

Comprehensive 

Environmental 

Responsibility & Liability Act 

(CERCLA) 

Waste USEPA 

ECL Articles 17, 37, 40 

6 NYCRR 

Parts 595-599, 610, 612-614 

Environmental Priorities and 

Procedures in Petroleum 

Clean-up and Removal 

NYSDEC 

Environmental 

Review 

ECL Article 8 

6 NYCRR Part 617 

State Environmental Quality 

Review Act 

NYSDEC 42 USC 4321-4347 

National Environmental 

Policy Act 

All Federal 

Agencies