Title 15
PART 922 APPENDIX B
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 34.17333 ° N | 120.60483 ″ W |
| 2 | 34.17333 ° N | 120.47000 ″ W |
| 3 | 34.12900 ° N | 120.47000 ″ W |
| 4 | 34.03685 ° N | 120.52120 ″ W |
| 5 | 34.03685 ° N | 120.60483 ″ W |
| 6 | 34.17333 ° N | 120.60483 ″ W |
The Harris Point Marine Reserve (Harris Point) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-2, and the following textual description.
The Harris Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi State boundary northwestward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line.
Table B-2 - Harris Point (San Miguel Island) Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 34.20492 ° N | 120.38830 ″ W |
| 2 | 34.20492 ° N | 120.30670 ″ W |
| 3 | 34.10260 ° N | 120.30670 ″ W |
| 4 | 34.15200 ° N | 120.38830 ″ W |
| 5 | 34.20492 ° N | 120.38830 ″ W |
The South Point Marine Reserve (South Point) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-3, and the following textual description.
The South Point boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary southeastward until it intersects the line defined by connecting Point 4 and Point 5 along a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line.
Table B-3 - South Point (Santa Rosa Island) Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 33.84000 ° N | 120.10830 ″ W |
| 2 | 33.84000 ° N | 120.16670 ″ W |
| 3 | 33.86110 ° N | 120.16670 ″ W |
| 4 | 33.84700 ° N | 120.10830 ″ W |
| 5 | 33.84000 ° N | 120.10830 ″ W |
The Gull Island Marine Reserve (Gull Island) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-4, and the following textual description.
The Gull Island boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line.
Table B-4 - Gull Island (Santa Cruz Island) Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 33.86195 ° N | 119.80000 ″ W |
| 2 | 33.86195 ° N | 119.88330 ″ W |
| 3 | 33.92690 ° N | 119.88330 ″ W |
| 4 | 33.90700 ° N | 119.80000 ″ W |
| 5 | 33.86195 ° N | 119.80000 ″ W |
The Scorpion Marine Reserve (Scorpion) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-5, and the following textual description.
The Scorpion boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary then follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line.
Table B-5 - Scorpion (Santa Cruz Island) Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 34.15450 ° N | 119.59170 ″ W |
| 2 | 34.15450 ° N | 119.54670 ″ W |
| 3 | 34.10140 ° N | 119.54670 ″ W |
| 4 | 34.10060 ° N | 119.59170 ″ W |
| 5 | 34.15450 ° N | 119.59170 ″ W |
The Footprint Marine Reserve (Footprint) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-6, and the following textual description.
The Footprint boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary northeastward and then southeastward until it intersects the line defined by connecting Point 4 and Point 5 along a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line.
Table B-6 - Footprint Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 33.90198 ° N | 119.43311 ″ W |
| 2 | 33.90198 ° N | 119.51609 ″ W |
| 3 | 33.96120 ° N | 119.51609 ″ W |
| 4 | 33.95710 ° N | 119.43311 ″ W |
| 5 | 33.90198 ° N | 119.43311 ″ W |
The Anacapa Island Marine Reserve (Anacapa Island) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-7, and the following textual description.
The Anacapa Island boundary extends from Point 1 to Point 2 along a straight line. It then extends to the 3 nmi State boundary where a line defined by connecting Point 2 and Pont 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary westward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line.
Table B-7 - Anacapa Island Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 34.08330 ° N | 119.41000 ″ W |
| 2 | 34.08330 ° N | 119.35670 ″ W |
| 3 | 34.06450 ° N | 119.35670 ″ W |
| 4 | 34.06210 ° N | 119.41000 ″ W |
| 5 | 34.08330 ° N | 119.41000 ″ W |
The Santa Barbara Island Marine Reserve (Santa Barbara) boundary is defined by the 3 nmi State boundary, the coordinates provided in Table B-8, and the following textual description.
The Santa Barbara boundary extends from Point 1 to Point 2 along a straight line. It then extends along a straight line from Point 2 to the 3 nmi State boundary where a line defined by connecting Point 2 and Point 3 with a straight line intersects the 3 nmi State boundary. The boundary follows the 3 nmi State boundary northeastward until it intersects the line defined by connecting Point 4 and Point 5 with a straight line. At that intersection, the boundary extends from the 3 nmi State boundary to Point 5 along a straight line. The boundary then extends from Point 5 to Point 6 along a straight line.
Table B-8 - Santa Barbara Island Marine Reserve
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 33.36320 ° N | 118.90879 ″ W |
| 2 | 33.36320 ° N | 119.03670 ″ W |
| 3 | 33.41680 ° N | 119.03670 ″ W |
| 4 | 33.47500 ° N | 118.97080 ″ W |
| 5 | 33.47500 ° N | 118.90879 ″ W |
| 6 | 33.36320 ° N | 118.90879 ″ W |
Appendix B to Subpart H of Part 922 - No-Anchoring Seagrass Protection Zones in Tomales Bay
15:3.1.2.2.13.8.17.7.9 : Appendix B
Appendix B to Subpart H of Part 922 - No-Anchoring Seagrass Protection Zones in Tomales BayCoordinates listed in this appendix are unprojected (Geographic) and based on the North American Datum of 1983.
(1) No-Anchoring Seagrass Protection Zone 1 encompasses an area of approximately .11 square nautical miles (.15 square miles) offshore south of Millerton Point. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a straight line arc that connects points 1 and 2 listed in the coordinate table below. The southern boundary is a straight line arc that connects points 2 and 3, the western boundary is a straight line arc that connects points 3 and 4 and the northern boundary is a straight line arc that connects point 4 to point 5.
| Zone 1 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.10571 | −122.84565 |
| 2 | 38.09888 | −122.83603 |
| 3 | 38.09878 | −122.84431 |
| 4 | 38.10514 | −122.84904 |
| 5 | 38.10571 | −122.84565 |
(2) No-Anchoring Seagrass Protection Zone 2 encompasses an area of approximately .15 square nautical miles (.19 square miles) that begins just south of Marconi and extends approximately 1.6 nautical miles (1.9 miles) south along the eastern shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 5 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 5 towards point 6 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line north until it intersects the straight line arc that connects point 7 to point 8. From this intersection the northern boundary extends to point 8.
| Zone 2 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.13326 | −122.87178 |
| 2 | 38.12724 | −122.86488 |
| 3 | 38.12563 | −122.86480 |
| 4 | 38.11899 | −122.86731 |
| 5 | 38.11386 | −122.85851 |
| 6 * | 38.11608 | −122.85813 |
| 7 * | 38.14078 | −122.87433 |
| 8 | 38.13326 | −122.87178 |
Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.
(3) No-Anchoring Seagrass Protection Zone 3 encompasses an area of approximately .01 square nautical miles (.02 square miles) that begins just south of Marshall and extends approximately .5 nautical miles (.6 miles) south along the eastern shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The western boundary is a straight line arc that connects point 1 to point 2 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 2 towards point 3 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 4 to point 5. From this intersection the northern boundary extends westward along the straight line arc that connects point 4 to point 5.
| Zone 3 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.15956 | −122.89573 |
| 2 | 38.15250 | −122.89042 |
| 3 * | 38.15292 | −122.88984 |
| 4 * | 38.16031 | −122.89442 |
| 5 | 38.15956 | −122.89573 |
Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.
(4) No-Anchoring Seagrass Protection Zone 4 is an area of approximately .18 square nautical miles (.21 square miles) that begins just north of Nicks Cove and extends approximately 2.7 nautical miles (3.1 miles) south along the eastern shore of Tomales Bay to just south of Cypress Grove. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 8 listed in the coordinate table below. The southern boundary is a straight line arc that extends from point 8 towards point 9 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line north until it intersects the straight line arc that connects point 10 to point 11. From this intersection the northern boundary extends westward along the straight line arc that connects point 10 to point 11.
| Zone 4 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.20004 | −122.92315 |
| 2 | 38.18881 | −122.91740 |
| 3 | 38.18651 | −122.91404 |
| 4 | 38.17919 | −122.91021 |
| 5 | 38.17450 | −122.90545 |
| 6 | 38.16869 | −122.90475 |
| 7 | 38.16535 | −122.90308 |
| 8 | 38.16227 | −122.89650 |
| 9 * | 38.16266 | −122.89620 |
| 10 * | 38.20080 | −122.92174 |
| 11 | 38.20004 | −122.92315 |
Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.
(5) No-Anchoring Seagrass Protection Zone 5 encompasses an area of approximately 1.3 square nautical miles (1.6 square miles) that begins east of Lawson's Landing and extends approximately 2.7 nautical miles (3.1 miles) east and south along the eastern shore of Tomales Bay but excludes areas adjacent (approximately .32 nautical miles or .37 miles) to the mouth of Walker Creek. The precise boundary coordinates are listed in the table following this description. The western boundary is a series of straight line arcs that sequentially connect point 1 to point 3 listed in the coordinate table below. From point 3 the southern boundary trends eastward along the straight line arc that connects point 3 to point 4 until it intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 5 to point 6. From this intersection the boundary extends westward along the straight line arc that connects point 5 to point 6. From point 6 the boundary follows the straight line arc that connects point 6 to point 7, and then extends along the straight line arc that connects point 7 to point 8 until it again intersects the Mean High Water Line. From this intersection the boundary follows the Mean High Water Line until it intersects the straight line arc that connects point 9 to point 10. From this intersection the boundary extends to point 10 along the straight line arc that connects point 9 to point 10.
| Zone 5 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.21825 | −122.96041 |
| 2 | 38.20666 | −122.94397 |
| 3 | 38.19431 | −122.93431 |
| 4 * | 38.20080 | −122.92174 |
| 5 * | 38.20522 | −122.92446 |
| 6 | 38.20366 | −122.93246 |
| 7 | 38.20938 | −122.94153 |
| 8 * | 38.21599 | −122.93742 |
| 9 * | 38.23129 | −122.96293 |
| 10 | 38.21825 | −122.96041 |
Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.
(6) No-Anchoring Seagrass Protection Zone 6 encompasses an area of approximately .01 square nautical miles (.02 square miles) in the vicinity of Indian Beach along the western shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a straight line arc that connects point 1 to point 2 listed in the coordinate table below. The southern boundary extends westward along the straight line arc that connects point 2 to point 3 until it intersects the Mean High Water Line. From this intersection the eastern boundary follows the Mean High Water Line northward until it intersects the straight line arc that connects point 3 to point 4. From this intersection the northern boundary extends eastward along the straight line arc that connects point 4 to point 5.
| Zone 6 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.14103 | −122.89537 |
| 2 | 38.13919 | −122.89391 |
| 3 * | 38.13804 | −122.89610 |
| 4 * | 38.14033 | −122.89683 |
| 5 | 38.14103 | −122.89537 |
Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.
(7) No-Anchoring Seagrass Protection Zone 7 encompasses an area of approximately .09 square nautical miles (.12 square miles) that begins just south of Pebble Beach and extends approximately 1.6 nautical miles (1.9 miles) south along the western shore of Tomales Bay. The precise boundary coordinates are listed in the table following this description. The eastern boundary is a series of straight line arcs that sequentially connect point 1 to point 5 listed in the coordinate table below. The southern boundary extends along the straight line arc that connects point 5 to point 6 until it intersects the Mean High Water Line. From this intersection the western boundary extends north along the Mean High Water Line until it intersects the straight line arc that connects point 7 to point 8. From this intersection the northern boundary extends eastward along the straight line arc that connects point 7 to point 8.
| Zone 7 Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 38.13067 | −122.88620 |
| 2 | 38.12362 | −122.87984 |
| 3 | 38.11916 | −122.87491 |
| 4 | 38.11486 | −122.86896 |
| 5 | 38.11096 | −122.86468 |
| 6 * | 38.11027 | −122.86551 |
| 7 * | 38.13001 | −122.88749 |
| 8 | 38.13067 | −122.88620 |
Note: The coordinates in the table above marked with an asterisk (*) are not a part of the zone boundary. These coordinates are landward reference points used to draw a line segment that intersects with the shoreline.
Appendix B to Subpart K of Part 922 - Line Representing the 50-Fathom Isobath Surrounding Cordell Bank
15:3.1.2.2.13.11.17.5.18 : Appendix B
Appendix B to Subpart K of Part 922 - Line Representing the 50-Fathom Isobath Surrounding Cordell BankCoordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83).
Cordell Bank Fifty Fathom Line Coordinates
| Point ID No. |
Latitude | Longitude |
|---|---|---|
| 1 | 37.96034 | −123.40371 |
| 2 | 37.96172 | −123.42081 |
| 3 | 37.9911 | −123.44379 |
| 4 | 38.00406 | −123.46443 |
| 5 | 38.01637 | −123.46076 |
| 6 | 38.04684 | −123.47920 |
| 7 | 38.07106 | −123.48754 |
| 8 | 38.07588 | −123.47195 |
| 9 | 38.06451 | −123.46146 |
| 10 | 38.07123 | −123.44467 |
| 11 | 38.04446 | −123.40286 |
| 12 | 38.01442 | −123.38588 |
| 13 | 37.98859 | −123.37533 |
| 14 | 37.97071 | −123.38605 |
| 15 | 37.96034 | −123.40371 |
Appendix B to Subpart L of Part 922 - Coordinates for the Department of the Interior Topographic Lease Stipulations for OCS Lease Sale 171
15:3.1.2.2.13.12.17.5.21 : Appendix B
Appendix B to Subpart L of Part 922 - Coordinates for the Department of the Interior Topographic Lease Stipulations for OCS Lease Sale 171 Link to an amendment published at 86 FR 4958, Jan. 19, 2021. Aliquot Part Description of Biological Stipulation Area East Garden Bank Block A-366 Texas Leasing Map No. 7C (High Island Area East Addition South Extension) SE 1/4, SW 1/4; S 1/2, NE 1/4, SE 1/4; SE 1/4, NW 1/4, SE 1/4; S 1/2, SE 1/4. Block A-376 W 1/2, NW 1/4, SW 1/4; SW 1/4, SW 1/4, SW 1/4. Block A-374 W 1/2, NW 1/4, NW 1/4; W 1/2, SW 1/4, NW 1/4; SE 1/4, SW 1/4, NW 1/4; SW 1/4, NE 1/4, SW 1/4, W 1/2, SW 1/4; W 1/2, SE 1/4, SW 1/4; SE 1/4, SE 1/4, SW 1/4. Block A-375 E 1/2; E 1/2, NW 1/4; E 1/2, NW 1/4, NW 1/4; SW 1/4, NW 1/4, NW 1/4; E 1/2, SW 1/4, NW 1/4; NW 1/4, SW 1/4, NW 1/4; SW 1/4. Block A-388 NE 1/4; E 1/2, NW 1/4; E 1/2, NW 1/4, NW 1/4; NE 1/4, SW 1/4, NW 1/4; E 1/2, NE 1/4, SW 1/4; NW 1/4, NE 1/4, SW 1/4; NE 1/4, NW 1/4, SW 1/4; NE 1/4, SE 1/4, SW 1/4, NE 1/4; NE 1/4, NE 1/4, SE 1/4; W 1/2, NE 1/4, SE 1/4; NW 1/4, Block A-389 NE 1/4, NW 1/4; NW 1/4, NW 1/4; SW 1/4, NW 1/4; NE 1/4, SE 1/4, NW 1/4; W 1/2, SE 1/4, NW 1/4; N 1/2, NW 1/4, SW 1/4. Aliquot Part Description of Biological Stipulation Area West Garden Bank Block A-383 Texas Leasing Map No. 7C (High Island Area East Addition South Extension) E 1/2, SE 1/4, SE 1/4; SW 1/4, SE 1/4, SE 1/4. Block A-384 W 1/2, SW 1/4, NE 1/4; SE 1/4, SW 1/4, NE 1/4; S 1/2, SE 1/4, NE 1/4; SE 1/4, NW 1/4; E 1/2, SW 1/4; E 1/2, NW 1/4, SW 1/4, SW 1/4, NW 1/4, SW 1/4; SW 1/4, SW 1/4; SE 1/4. Block A-385 SW 1/4, SW 1/4, NW 1/4; NW 1/4, SW 1/4; NW 1/4, SW 1/4, SW 1/4. Block A-397 W 1/2, W 1/2, NW 1/4; W 1/2, NW 1/4, SW 1/4; NW 1/4; SW 1/4, SW 1/4. Block A-398Entire block.
Block A-399 E 1/2, SE 1/4, NE 1/4, NW 1/4; E 1/2, SE 1/4, NW 1/4; E 1/2, NE 1/4, SW 1/4; SW 1/4, NE 1/4, SW 1/4; NE 1/4, SE 1/4, SW 1/4. Block A-401 NE 1/4, NE 1/4; N 1/2, NW 1/4, NE 1/4; NE 1/4, SE 1/4, NE 1/4. Block 134 Official Protraction Diagram NG15-02 (Garden Banks)That portion of the block north of a line connecting a point on the east boundary of Block 134, X = 1,378,080.00′, Y = 10,096,183.00′, with a point on the west boundary of Block 134, X = 1,367,079,385′, Y = 10,096,183.000′, defined under the Universal Transverse Mercator grid system.
Block 135 Official Protraction Diagram NG15-02 (Garden Banks)That portion of the block northwest of a line connecting the southeast corner of Texas Leasing Map No. 7C, Block A-398, X = 1,383,293.840′, Y = 10,103,281.930′, with a point on the west boundary of Official Protraction Diagram NG15-02, Block 135, X = 1,378,080.000′, Y = 10,096,183.000′, defined under the Universal Transverse Mercator grid system.
[65 FR 81180, Dec. 22, 2000]Appendix B to Subpart M of Part 922 - Zones Within the Sanctuary Where Overflights Below 1000 Feet Are Prohibited
15:3.1.2.2.13.13.17.6.23 : Appendix B
Appendix B to Subpart M of Part 922 - Zones Within the Sanctuary Where Overflights Below 1000 Feet Are ProhibitedThe four zones are:
(1) From mean high water to 3 nautical miles (nmi) offshore between a line extending from Point Santa Cruz on a southwesterly bearing of 220° true and a line extending from 2.0 nmi north of Pescadero Point on a southwesterly bearing of 240° true;
(2) From mean high water to 3 nmi offshore between a line extending from the Carmel River mouth on a westerly bearing of 270° true and a line extending due west along latitude parallel 35.55488 N off of Cambria;
(3) From mean high water and within a 5 nmi seaward arc drawn from a center point of 36.80129 N, 121.79034 W (the end of the Moss Landing ocean pier as it appeared on the most current NOAA nautical charts as of January 1, 1993); and
(4) Over the Sanctuary's jurisdictional waters of Elkhorn Slough east of the Highway One bridge to Elkhorn Road.
[75 FR 53571, Sept. 1, 2010]Appendix B to Subpart R of Part 922 - Minor Projects for Purposes of § 922.193(a)(2)(iii)
15:3.1.2.2.13.18.17.10.39 : Appendix B
Appendix B to Subpart R of Part 922 - Minor Projects for Purposes of § 922.193(a)(2)(iii)Pursuant to Michigan State Administrative Rule R 322.1013 of Part 325, Great Lakes Submerged Lands of Public Act 451 (Michigan State Statute), the Michigan Department of Environmental Quality (Department) issues permits for projects that are of a minor nature which are not controversial, which have minimal adverse environmental impact, which will be constructed of clean, non-polluting materials, which do not impair the use of the adjacent bottomlands by the public, and which do not adversely affect riparian interests of adjacent owners. The following projects are minor projects:
(a) Noncommercial single piers, docks, and boat hoists which meet the following design criteria:
(i) are of a length or size not greater than the length or size of similar structures in the vicinity and on the watercourse involved; and
(ii) provide for the free littoral flow of water and drift material.
(b) Spring piles and pile clusters when their design and purpose is usual for such projects in the vicinity and on the watercourse involved.
(c) Seawalls, bulkheads, and other permanent revetment structures which meet all of the following purpose and design criteria:
(i) the proposed structure fulfills an identifiable need for erosion protection, bank stabilization, protection of uplands, or improvements on uplands;
(ii) the structure will be constructed of suitable materials free from pollutants, waste metal products, debris, or organic materials;
(iii) the structure is not more than 300 feet in length and is located in an area on the body of water where other similar structures already exist;
(iv) the placement of backfill or other fill associated with the construction does not exceed an average of 3 cubic yards per running foot along the shoreline and a maximum of 300 cubic yards; and
(v) the structure or any associated fill will not be placed in a wetland area or placed in any manner that impairs surface water flow into or out of any wetland area.
(d) Groins 50 feet or less in length, as measures from the toe to bluff, which meet all of the following criteria:
(i) the groin is low profile, with the lakeward end not more than 1 foot above the existing water level; and
(ii) the groin is placed at least 1/2 of the groin length from the adjacent property line or closer with written approval of the adjacent riparian.
(e) Filling for restoration of existing permitted fill, fills placed incidental to construction of other structures, and fills that do not exceed 300 cubic yards as a single and complete project, where the fill is of suitable material free from pollutants, waste metal products, debris, or organic materials.
(f) Dredging for the maintenance of previously dredged areas or dredging of not more than 300 cubic yards as a single and complete project when both of the following criteria are met:
(i) No reasonable expectation exists that the materials to be dredged are polluted; and
(ii) All dredging materials will be removed to an upland site exclusive of wetland areas.
(g) Structural repair of man-made structures, except as exempted by Michigan State Administrative Rule R 322.1008(3), when their design and purpose meet both of the following criteria:
(i) The repair does not alter the original use of a recently serviceable structure; and
(ii) The repair will not adversely affect public trust values or interests, including navigation and water quality.
(h) Fish or wildlife habitat structures which meet both of the following criteria:
(i) Are placed so the structures do not impede or create a navigational hazard; and
(ii) Are anchored to the bottomlands.
(i) Scientific structures such as staff gauges, water monitoring devices, water quality testing devices, survey devices, and core sampling devices, if the structures do not impede or create a navigational hazard.
(j) Navigational aids which meet both of the following criteria:
(i) Are approved by the United States Coast Guard; and
(ii) Are approved under Michigan State Act No. 303 of the Public Acts of 1967, as amended, being Section 281.1001 et seq. of the Michigan Compiled Laws, and known as the Marine Safety Act.
(k) Extension of a project where work is being performed under a current permit and which will result in no damage to natural resources.
(l) A sand trap wall which meets all of the following criteria:
(i) The wall is 300 feet or less in length along the shoreline;
(ii) The wall does not extend more than 30 feet lakeward of the toe of bluff;
(iii) The wall is low profile, that is, it is not more than 1 foot above the existing water level; and
(iv) The wall is constructed of wood or steel or other non-polluting material.
(m) Physical removal of man-made structures or natural obstructions which meet all of the following criteria:
(i) The debris and spoils shall be removed to an upland site, not in a wetland, in a manner which will not allow erosion into public waters;
(ii) The shoreline and bottom contours shall be restored to an acceptable condition; and
(iii) Upon completion of structure removal, the site does not constitute a safety or navigational hazard. Department staff shall consider fisheries and wildlife resource values when evaluating applications for natural obstruction removal.
Appendix B to Subpart S of Part 922 - Mallows Bay-Potomac River Marine Sanctuary Terms of Designation
15:3.1.2.2.13.19.17.8.41 : Appendix B
Appendix B to Subpart S of Part 922 - Mallows Bay-Potomac River Marine Sanctuary Terms of Designation Terms of Designation for the Mallows Bay-Potomac River National Marine SanctuaryUnder the authority of the National Marine Sanctuaries Act, as amended (the “Act” or “NMSA”), 16 U.S.C. 1431 et seq., certain waters and submerged lands located off the Nanjemoy Peninsula of Charles County, Maryland, and along the tidal Potomac River and its surrounding waters are hereby designated as a National Marine Sanctuary for the purposes of providing long-term protection and management of the historical resources and recreational, research, educational, and aesthetic qualities of the area.
Article I: Effect of DesignationThe NMSA authorizes the issuance of such regulations as are necessary and reasonable to implement the designation, including managing and protecting the historical resources and recreational, research, and educational qualities of the Mallows Bay-Potomac River National Marine Sanctuary (the “Sanctuary”). Section 1 of Article IV of this appendix lists those activities that may have to be regulated on the effective date of designation, or at some later date, in order to protect Sanctuary resources and qualities. Listing an activity does not necessarily mean that it will be regulated; however, if an activity is not listed it may not be regulated, except on an emergency basis, unless Section 1 of Article IV is amended by the same procedures by which the original Sanctuary designation was made.
Article II: Description of the AreaThe Mallows Bay-Potomac River National Marine Sanctuary consists of an area of approximately 18 square miles of waters of the State of Maryland and the submerged lands thereunder, over, around, and under the underwater cultural resources in the Potomac River between Stafford County, Virginia, and Charles County, Maryland. The western boundary of the sanctuary approximates the border between the Commonwealth of Virginia and the State of Maryland for roughly 6 miles along the Potomac River, beginning north of the mouth of Aquia Creek in Stafford County, Virginia, near Brent Point and continuing north past Widewater, VA, and Clifton Point to a point north of Tank Creek. From this point the sanctuary boundary crosses the Potomac to the east until it intersects the Maryland shoreline just north of Sandy Point in Charles County, MD. From this point the eastern boundary of the sanctuary, approximately 8 miles in total length, follows the Maryland shoreline south past Mallows Bay, Blue Banks, and Wades Bay to a point just south of Smith Point. From this location the sanctuary boundary crosses the Potomac River to the west back to its point of origin north of the mouth of Aquia Creek near Brent Point on the Virginia side of the river.
Article III: Special Characteristics of the AreaMallows Bay-Potomac River National Marine Sanctuary and its surrounding waters contain a diverse collection more than 100 known historic shipwreck vessels dating back to the Civil War and potentially dating back to the Revolutionary War, as well as archaeological artifacts dating back 12,000 years indicating the presence of some of the region's earliest American Indian cultures, including the Piscataway Indian Nation and the Piscataway Conoy Confederacy and Sub-Tribes of Maryland. The area is most renowned for the remains of over 100 wooden steamships, known as the “Ghost Fleet,” that were built for the U.S. Emergency Fleet between 1917-1919 as part of U.S. engagement in WWI. Their construction at more than 40 shipyards in 17 states reflects the massive national wartime effort that drove the expansion and economic development of communities and related maritime service industries including the present-day Merchant Marines. The area is contiguous to the Captain John Smith Chesapeake National Historic Trail, the Star Spangled Banner National Historic Trail, the Potomac Heritage National Scenic Trail and the Lower Potomac Water Trail which offer meaningful educational and recreational opportunities centered on the region's culture, heritage and history. Additionally, the structure provided by the vessels and related infrastructure serve as important habitat to thriving populations of recreational fisheries, bald eagles, and other aquatic species. The area's listing on the National Historical Register of Places in 2015 codifies the historical, archaeological and recreational significance of the Ghost Fleet and related maritime cultural heritage sites in and around Mallows Bay-Potomac River National Marine Sanctuary.
Article IV: Scope of RegulationsSection 1. Activities Subject to Regulation. The following activities are subject to regulation, including prohibition, to the extent necessary and reasonable to ensure the protection and management of the historical resources and recreational, research and educational qualities of the area:
a. Moving, removing, recovering, altering, destroying, possessing, or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a Sanctuary resource, except as an incidental result of traditional fishing (as defined in the regulations).
b. Marking, defacing, or damaging in any way, or displacing or removing or tampering with any signs, notices, or placards, whether temporary or permanent, or with any monuments, stakes, posts, buoys, or other boundary markers related to the Sanctuary.
c. Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of seized property in connection with enforcement of the Act or any regulation issued under the Act.
Section 2. NOAA will not exercise its authority under the NMSA to regulate fishing in the Sanctuary.
Section 3. Emergencies. Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource; or minimize the imminent risk of such destruction, loss, or injury, any activity, including those not listed in Section 1, is subject to immediate temporary regulation. An emergency regulation shall not take effect without the approval of the Governor of Maryland or her/his designee or designated agency.
Article V: Relation to Other Regulatory ProgramSection 1. Fishing Regulations, Licenses, and Permits. Fishing in the Sanctuary shall not be regulated as part of the Sanctuary management regime authorized by the Act. However, fishing in the Sanctuary may be regulated by other Federal, State, Tribal and local authorities of competent jurisdiction, and designation of the Sanctuary shall have no effect on any regulation, permit, or license issued thereunder.
Section 2. Other Regulations, Licenses, and Permits. If any valid regulation issued by any federal, state, Tribal, or local authority of competent jurisdiction, regardless of when issued, conflicts with a Sanctuary regulation, the regulation deemed by the Director of the Office of National Marine Sanctuaries, National Oceanic and Atmospheric Administration, or designee, in consultation with the State of Maryland, to be more protective of Sanctuary resources and qualities shall govern. Pursuant to section 304(c)(1) of the Act, 16 U.S.C. 1434(c)(1), no valid lease, permit, license, approval, or other authorization issued by any federal, state, Tribal, or local authority of competent jurisdiction, or any right of subsistence use or access, may be terminated by the Secretary of Commerce, or designee, as a result of this designation, or as a result of any Sanctuary regulation, if such lease, permit, license, approval, or other authorization, or right of subsistence use or access was issued or in existence as of the effective date of this designation. However, the Secretary of Commerce or designee, in consultation with the State of Maryland, may regulate the exercise of such authorization or right consistent with the purposes for which the Sanctuary is designated.
Section 3. Department of Defense Activities. DoD activities shall be carried out in a manner that avoids to the maximum extent practicable any adverse impacts on sanctuary resources and qualities. Any existing military activity conducted by DoD prior to the effective date of the regulations in this subpart and as specifically identified in the Final Environmental Impact Statement and Final Management Plan for the Sanctuary (FEIS/FMP) is allowed to continue in the Sanctuary. The prohibitions in § 922.203(a)(1) through (3) do not apply to those existing military activities listed in the FEIS/FMP or the military activities conducted by DoD listed in § 922.203(c)(2). New military activities that do not violate the prohibitions in paragraphs (a)(1) through (3) of this section are allowed. Any new military activity that is likely to violate sanctuary prohibitions may become exempt through consultation between the Director and DoD pursuant to section 304(d) of the NMSA. The term “new military activity” includes but is not limited to, any existing military activity that is modified in any way (including change in location, frequency, duration, or technology used) that is likely to destroy, cause the loss of, or injure a sanctuary resource, or is likely to destroy, cause the loss of, or injure a sanctuary resource in a manner or to an extent that was not considered in a previous consultation under section 304(d) of the NMSA. In the event of destruction of, loss of, or injury to a sanctuary resource or quality resulting from an incident, including but not limited to spills and groundings caused by DoD, the cognizant component shall promptly coordinate with the Director for the purpose of taking appropriate actions to prevent, respond to or mitigate the harm and, if possible, restore or replace the sanctuary resource or quality.
Article VI. Alteration of This DesignationThe terms of designation may be modified only by the same procedures by which the original designation is made, including public meetings, consultation according to the NMSA.