Sec. 1079. CLEVELAND HARBOR, OHIO

1,203 words·~5 min read·/statute-compilations/comps-1422/sec-1079

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 1079 CLEVELAND HARBOR, OHIO **[**[33 U.S.C. 59dd](/us/usc/t33/s59dd)**]** ###

(a)Deauthorization of Portion of Project for Harbor Modification That portion described in subsection

(b)of the project for harbor modification, Cleveland Harbor, Ohio, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4095), is not authorized after the date of the enactment of this Act. ###

(b)Area Subject to Deauthorization The portion of the project for harbor modification, Cleveland Harbor, Ohio, described in this subsection is that portion 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 ft. wide); Thence south 50°–06'–52" west on the centerline of relocated Erieside Avenue N.E. a distance of 112.89 feet to a point; Thence southwesterly continuing on the centerline of relocated Erieside Avenue N.E. along the arc of a curve to the left, with a radius of 300.00 feet and whose chord bears south 42°–36'–52" west 140.07 feet, an arc distance of 141.37 feet to a point; Thence north 60°–53'–08" west a distance of 35.00 feet to a point on the northwesterly right-of-way line of relocated Erieside Avenue N.E; Thence south 29°–06'–52" west on the northwesterly right-of-way line of relocated Erieside Avenue N.E. a distance of 44.36 feet to a point; Thence north 33°–53'–08" west a distance of 158.35 feet to a point; Thence south 56°–06'–52" west a distance of 76.00 feet to a point; Thence north 78°–53'–08" west a distance of 18.39 feet to a point; Thence north 33°–53'–08" west a distance of 33.50 feet to a point, said point being the true place of beginning of the parcel herein described; Thence south 56°–06'–52" west a distance of 84.85 feet to a point; Thence north 33°–53'–08" west a distance of 137.28 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 160.00 feet to a point; Thence south 11°–06'–52" west a distance of 46.16 feet to a point; Thence south 56°–06'–52" west a distance of 28.28 feet to a point; Thence south 11°–06'–52" west a distance of 89.70 feet to a point; Thence south 33°–53'–08" east a distance of 28.28 feet to a point; Thence south 11°–06'–52" west a distance of 83.29 feet to a point; Thence south 56°–06'–52" west a distance of 4.14 feet to a true place of beginning containing 42,646 square feet more or less; ###

(c)Reimbursement Not Required The Ohio Department of Natural Resources shall not be required to reimburse the Federal Government any portion of the credit received by the non-Federal project sponsor as provided for in Public Law 100–202 (101 Stat. 1329–108). ###

(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; orth 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 ⅝ 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 ⅝ 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 ⅝ 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 ⅝ 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)shall apply only to those parts of the areas described in subsection

(d)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 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the River and Harbors Appropriation Act of 1899, section 404 of the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969. ###

(f)Expiration Date If, 20 years from the date of the enactment of this Act, any area or part thereof described in subsection

(d)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)is not commenced within 5 years after issuance of such permit, then the declaration of nonnavigability for such area or part thereof shall expire.

Connectionstraces to 4

Traces to 4 documents

U.S. Code

statutes-at-large

2 references not yet in our index