§ 59dd. — Declaration of nonnavigability of portions of Cleveland Harbor, Ohio.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC59dd]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59dd. Declaration of nonnavigability of portions of
Cleveland Harbor, Ohio
(a) to (c) Omitted
(d) Area to be declared nonnavigable; public interest
Unless the Secretary of the Army finds, after consultation with
local and regional public officials (including local and regional public
planning organizations), that the proposed projects to be undertaken
within the boundaries in the portions of Cleveland Harbor, Ohio,
described below, are not in the public interest then, subject to
subsections (e) and (f) of this section, those portions of such Harbor,
bounded and described as follows, are declared to be nonnavigable waters
of the United States:
Situated in the City of Cleveland, Cuyahoga County and State of
Ohio, T7N, R13W and being more fully described as follows:
Beginning at an iron pin monument at the intersection of the
centerline of East 9th Street (99 feet wide) with the centerline
of relocated Erieside Avenue, N.E., (70 feet wide) at Cleveland
Regional Geodetic Survey Grid System, (CRGS) coordinates
N92,679.734, E86,085.955;
Thence south 56-06'-52'' west on the centerline of
relocated Erieside Avenue, N.E., a distance of 89.50 feet to a
drill hole set.
Thence north 33-53'-08'' west a distance of 35.00 feet to a
drill hole set on the north-westerly right-of-way line of
relocated Erieside Avenue, N.E., said point being the true place
of beginning of the parcel herein described.
Thence south 56-06'-52'' west on the northwesterly right-
of-way line of relocated Erieside Avenue, N.E., a distance of
23.39 feet to a \5/8\ inch re-bar set;
Thence southwesterly on the northwesterly right-of-way line
of relocated Erieside Avenue, N.E., along the arc of a curve to
the left with a radius of 335.00 feet, and whose chord bears
south 42-36'-52'' west 156.41 feet, an arc distance of 157.87
feet to a \5/8\ inch re-bar set;
Thence south 29-06'-52'' west on the northwesterly right-
of-way line of relocated Erieside Avenue, N.E., a distance of
119.39 feet to a \5/8\ inch re-bar set;
Thence southwesterly on the northwesterly right-of-way of
relocated Erieside Avenue, N.E., along the arc of a curve to the
right with a radius of 665.00 feet, and whose chord bears south
32-22'-08'' west 75.50 feet, an arc distance of 75.54 feet to a
\5/8\ inch re-bar set;
Thence north 33-53'-08'' west a distance of 279.31 feet to
a drill hole set;
Thence south 56-06'-52'' west a distance of 37.89 feet to a
drill hole set;
Thence north 33-53'-08'' west a distance of 127.28 feet to
a point;
Thence north 11-06'-52'' east a distance of 225.00 feet to
a point;
Thence south 78-53'-08'' east a distance of 150.00 feet to
a drill hole set;
Thence north 11-06'-52'' east a distance of 32.99 feet to a
drill hole set;
Thence north 33-53'-08'' east a distance of 46.96 feet to a
drill hole set;
Thence north 56-06'-52'' east a distance of 140.36 feet to
a drill hole set on the southwesterly right-of-way line of East
9th Street;
Thence south 33-53'-08'' east on the southwesterly right-
of-way line of East 9th Street a distance of 368.79 feet to a
drill hole set;
Thence southwesterly along the arc of a curve to the right
with a radius of 40.00 feet, and whose chord bears south 11-
06'-52'' west 56.57 feet, an arc distance of 62.83 feet to the
true place of beginning containing 174,764 square feet (4.012
acres) more or less.
(e) Limits on applicability; regulatory requirements
The declaration under subsection (d) of this section shall apply
only to those parts of the areas described in subsection (d) of this
section which are or will be bulkheaded and filled or otherwise occupied
by permanent structures, including marina facilities. All such work is
subject to all applicable Federal statutes and regulations, including
sections 401 and 403 of this title, section 1344 of this title, and the
National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(f) Expiration date
If, 20 years from December 18, 1991, any area or part thereof
described in subsection (d) of this section is not bulkheaded or filled
or occupied by permanent structures, including marina facilities, in
accordance with the requirements set out in subsection (e) of this
section, or if work in connection with any activity permitted in
subsection (e) of this section is not commenced within 5 years after
issuance of such permit, then the declaration of nonnavigability for
such area or part thereof shall expire.
(Pub. L. 102-240, title I, Sec. 1079, Dec. 18, 1991, 105 Stat. 2017.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Codification
Section is comprised of section 1079 of Pub. L. 102-240. Subsections
(a), (b), and (c) of section 1079 of Pub. L. 102-240 provided for
deauthorization of a portion of a project for harbor modification of
Cleveland Harbor which was authorized by section 202(a) of the Water
Resources Development Act of 1986, Pub. L. 99-662, title II, Nov. 17,
1986, 100 Stat. 4095, which is not classified to the Code.
