[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59o]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59o. Hackensack River, Hudson County, New Jersey
(a) If the Secretary of the Army, acting through the Chief of
Engineers finds that the proposed project to be erected at the location
to be declared nonnavigable under this section is in the public
interest, on the basis of engineering studies to determine the location
and structural stability of any bulkheading and filling and permanent
pile-supported structure, in order to preserve and maintain the
remaining navigable waterway, and on the basis of environmental studies
conducted pursuant to the National Environmental Policy Act of 1969 [42
U.S.C. 4321 et seq.], then those portions of the Hackensack River in
Hudson County, State of New Jersey, bounded and described as follows are
hereby declared to be nonnavigable waters of the United States within
the meaning of the laws of the United States, and the consent of
Congress is hereby given to the filling in of all or any part thereof
and the erection of permanent pile-supported structures thereon:
Beginning at a point where the southeasterly shoreline (mean
high water line) of the Hackensack River intersects the easterly
line of the Erie Railroad said point property being 2,015.38 feet
northerly along said railroad property from where it intersects the
northerly line of the Meadowlands Parkway (100 feet wide) and
running from:
thence north 19 degrees 20 minutes 54 seconds west 50.00
feet;
thence north 37 degrees 30 minutes 08 seconds east 615.38
feet;
thence north 03 degrees 02 minutes 56 seconds east, 2,087
feet;
thence north 31 degrees 11 minutes 06 seconds east 577 feet;
thence north 74 degrees 29 minutes 18 seconds east 541.25
feet;
thence south 62 degrees 01 minutes 31 seconds east 400 feet;
thence south 55 degrees 46 minutes 27 seconds east 612.52
feet;
thence south 34 degrees 13 minutes 33 seconds west 517.79
feet;
thence south 55 degrees 46 minutes 27 seconds east 158.81
feet;
thence south 34 degrees 13 minutes 33 seconds west 310 feet;
thence north 55 degrees 26 minutes 27 seconds north 15 feet;
thence south 34 degrees 13 minutes 33 seconds west 592 feet;
thence running in a southwesterly direction along the
shoreline (mean high water line) of the Hackensack River, a
distance of 2,360 feet being the same more or less to the
easterly property line of the Erie Railroad and the point or
place of beginning.
Said parcel containing 67.6 acres being the same more or less.
(b) The declaration in subsection (a) of this section shall apply
only to portions of the described area which are either bulkheaded and
filled or occupied by permanent pile-supported structures. Plans for
bulkheading and filling and permanent pile-supported structures shall be
approved by the Secretary of the Army, acting through the Chief