A Critical Resource Waters designation adds a layer of protection to streams, tributaries, and watershed wetlands, and ultimately the drinking water supply reservoirs. This designation prohibits the use of the most egregious Nationwide Permits (NWPs) – administratively-streamlined General Permits that are issued with little oversight of certain activities that are presumed to be “minimal” – and effectively ensures that all proposed impacts to U.S. waters and wetlands within the Critical Resource Waters area will receive heightened review under the ACOE Individual Permit Program. Individual review also provides for an analysis of alternatives and public review and comment.

East-of-Hudson "Critical Resource Waters" Designation

In 1999, Riverkeeper and several other watershed advocates and politicians began asking Governor Pataki to designate the East-of-Hudson reservoirs, streams and tributaries as "Critical Resource Waters." This designation adds a layer of protection to watershed wetlands - some of our most valuable resources. In December 2001, Governor Pataki made this important designation. In March 2002, the U.S. Army Corps of Engineers (ACOE) solicited comments on the designation (see link to Corps Response under Related Info). Then, in May 2002, the ACOE designated these waters as Critical Resource Waters!

West-of-Hudson "Critical Resource Waters" Designation

To date, there is a lack of political support to designate waterbodies withing the West-of-Hudson Watershed as "Critical Resource Waters." Riverkeeper continues to support this important designation to protect the vital wetlands and geadwater streams that feed into our drinking water supply.

Need for Increased Protection in the West-of-Hudson Watershed

The increased level of scrutiny provided by the Critical Resource Waters designation must apply to the entire NYC drinking water supply. In terms of human benefits, one would be hard pressed to name a more critical natural area anywhere on the globe. In addition to important wildlife habitat, cultural and historical resources, and spectacular landscapes, the NYC Watershed provides prize-winning unfiltered drinking water to nearly 10 million people – over half the population of New York State. The catastrophic consequences of not protecting NYC Watershed are economic and social, as well as environmental.

While the East-of-Hudson Watershed faces more immediate development pressures, the same patterns of suburbanization have increased in the West-of-Hudson Catskill/Delaware region, where counties are experiencing a transformation from predominantly rural, agricultural land use patterns to suburban and urban uses. For example, the population of Ulster County has increased by more than 10% since 1990. These intense development pressures threaten the fragile landscapes of this region, including wetland areas – many of which are not protected under New York’s freshwater wetlands law. As development continues, it is crucial that these water resources be given their proper designation and be protected from further degradation.

How Are "Critical Resource Waters" Designated?

A "Critical Resource Waters" designation must be supported at the state and federal level.

Federal Nationwide Permit Program
In 2007, Nationwide Permits (NWPs) were overhauled and new permit text was published in the March 12, 2007 Federal Register (72 FR 11092). General Condition 19 (formerly GC-25) provides for the designation of “Critical Resource Waters” and explains the process for designation, stating:

Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after notice and opportunity for comment.

Thus, New York must formally designate the West-of-Hudson Watershed as “having particular environmental or ecological significance,” that justifies requiring additional Critical Resource Water protections and then seek a the designation from the New York District Engineer.

NY DEC Section 401 Water Quality Certification of NWPs
The New York State Department of Environmental Conservation (DEC) must issue Section 401 Water Quality Certificates for the ACOE Nationwide Permits; DEC can approve, approve with conditions, or deny certification for each NWP. If a certification is denied, Individual Permits will be required for the activities covered by the particular NWP.

While Riverkeeper believes that all NWPs should be prohibited in the West-of-Hudson Watershed, DEC should at the very least use its authority to deny certification of all NWPs within the West-of-Hudson Watershed that could be limited by the Critical Resource Waters designation. If DEC certifies some NWPS, the notification requirement added to certain NWPs in designated Critical Resource Waters should be added as conditions to DEC’s 401 Water Quality Certificates.

To learn more about the NPWs and 401 Certification process, and to read Riverkeeper's comments, click here.