§ 59gg. — Declaration of nonnavigability for portions of Cuyahoga County, Ohio.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59gg]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59gg. Declaration of nonnavigability for portions of
Cuyahoga County, Ohio
(a) Area to be declared nonnavigable; public interest
Unless the Secretary 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 the county of Cuyahoga, Ohio, described as
follows, are not in the public interest then, subject to subsections (b)
and (c) of this section, those portions of such county, bounded and
described as follows, are declared to be nonnavigable waters of the
United States:
Situated in the city of Cleveland, county of Cuyahoga, and State
of Ohio, T7N, R13W, and known as being a part of original two acre
lots numbers 16, 17, 18, 19, and 20 and the northerly extensions
thereof, and being more fully described as follows:
Beginning 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); thence south 56 degrees 06 minutes 52
seconds west on the centerline of Relocated Erieside Avenue, N.E., a
distance of 112.89 feet to a point; thence north 33 degrees 53
minutes 08 seconds west a distance of 35.00 feet to a \5/8\-inch
rebar on the northwesterly right-of-way line of Relocated Erieside
Avenue, N.E.; 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 degrees 36 minutes 52 seconds west 156.41 feet, an arc distance
of 157.87 feet to a \5/8\-inch rebar; thence south 29 degrees 06
minutes 52 seconds 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 rebar; thence southwesterly on the northwesterly right-of-
way line 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 39 degrees, 49 minutes 33 seconds west 247.19 feet, an
arc distance of 248.64 feet to a \5/8\-inch rebar and the true place
of beginning of the parcel herein described; thence southwesterly on
the northwesterly right-of-way line 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 53 degrees, 17 minutes 33 seconds
west 64.05 feet, an arc distance of 64.08 feet to a \5/8\-rebar set;
thence south 56 degrees 03 minutes 30 seconds west on the
northwesterly right-of-way line of Relocated Erieside Avenue, N.E.,
a distance of 248.38 feet to a \5/8\-rebar set; thence northwesterly
on the northeasterly right-of-way line of Relocated Erieside Avenue,
N.E., along the arc of a curve to the right, with a radius of 265.00
feet and whose chord bears north 79 degrees 02 minutes 42 seconds
west 374.09 feet, an arc distance of 415.31 feet to a drill hole
set; thence north 34 degrees 08 minutes 55 seconds west on the
northeasterly right-of-way line of Relocated Erieside Avenue, N.E.,
a distance of 505.30 feet to a \5/8\-inch rebar set; thence
northwesterly on the northeasterly right-of-way line of Relocated
Erieside Avenue, N.E., along the arc of a curve to the left, with a
radius of 112.00 feet and whose chord bears north 40 degrees 32
minutes 41 seconds west 24.95 feet, an arc distance of 25.01 feet to
a drill hole set on the southerly right-of-way line of former
Erieside Avenue, as vacated by city of Cleveland Ordinance No. 1100-
87, passed June 16, 1987; thence northeasterly on the former right-
of-way line along the arc of a curve to the right, with a radius of
515.00 feet and whose chord bears north 75 degrees 36 minutes 18
seconds east 136.45 feet, an arc distance of 136.85 feet to a \5/8\-
inch rebar set; thence north 86 degrees 13 minutes 04 seconds east
on said former right-of-way line a distance of 294.57 feet to a \5/
8\-inch rebar set; thence north 52 degrees 57 minutes 23 seconds
east on said former right-of-way line a distance of 56.98 feet to a
\5/8\-inch rebar set; thence south 33 degrees 53 minutes 08 seconds
east a distance of 244.65 feet to a \5/8\-inch rebar set; thence
south 78 degrees 53 minutes 08 seconds east a distance of 105.04
feet to a \5/8\-inch rebar set; thence north 56 degrees 06 minutes
52 seconds east a distance of 70.75 feet to a \5/8\-inch rebar set;
thence south 33 degrees 53 minutes 08 seconds east a distance of
274.74 feet to the true place of beginning containing 325,706 square
feet (7.477 acres) more or less.
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply to
those parts of the areas described in subsection (a) 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.].
(c) Expiration date
If, 20 years from October 31, 1992, any area or part thereof
described in subsection (a) of this section is not bulkheaded or filled
or occupied by permanent structures, including marina facilities, in
accordance with the requirements set forth in subsection (b) of this
section, or if work in connection with any activity permitted in
subsection (b) of this section is not commenced within 5 years after
issuance of such permits, then the declaration of nonnavigability for
such area or part thereof shall expire.
(Pub. L. 102-580, title III, Sec. 335, Oct. 31, 1992, 106 Stat. 4853.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (b), 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.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 3 of Pub. L.
102-580, set out as a note under section 2201 of this title.
