Page:United States Statutes at Large Volume 102 Part 4.djvu/1069

 PUBLIC LAW 100-676—NOV. 17, 1988

102 STAT. 4039

requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) is not commenccMl within 5 years after issuance of such permits, then the declaration of non-navigability for such area or part thereof shall expire. S E C 39. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF CX)NEY ISLAND CREEK AND GRAVESEND BAY, NEW YORK. (a) AREA TO BE DECLARED NON-NAVIGABLE; PUBLIC INTEREST.—

Unless the Secretary finds, after consultation with local and regional public officials (including local and r^onal public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of Coney Island Creek and Gravesend Bay, New York, descrU)ed below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of such Creek and Bay, bounded and described as follows, are declared to be non-navigable waters of the United States: Beginning at the comer formed by the intersection of the Westerly lane of Cropsey Avenue, and the Northernmost United States Pierhead Line of Coney Island Creek. Running thence south 12 d^ri^«es 41 minutes 03 seconds E and along the westerly line of (>opsey Avenue, 98.72 feet to the northerly channel line as shown on Corps of Engineers Map Numbered F. 150 and on Survey by Refers and Giollorenzo Numbered 13959 dated October 31, 1986. Running thence in a westerly direction and along the said northerly channel line the following bearings and distances: South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south 37 degrees 07 minutes 01 seconds west, 232.00 feet; south 23 degrees 17 minutes 10 seconds west, 430.03 feet; south 31 degrees 25 minutes 46 seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds west, 244.18 feet; north 55 degrees 00 minutes 29 seconds west, 183.10 feet; north 41 degrees 47 minutes 04 seconds west, 315.16 feet; North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds west and along said pierhead line, 2,665.25 feet to the intersection of the United States bulkhead line; Thence north 0 degree 19 minutes 35 seconds west and along the United States Bulkhead line 1,138.50 feet to the intersection of the westerly prolongation of the center line of 26th Avenue, Thence nortti 58 degrees 25 minutes 06 seconds east and along the center line of said 26th Avenue, 2,320.85 feet to the westerly line of Cropsey Avenue, then southeasterly and along the southerly line of Cropsey Avenue the following bearings and distances: South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the point or place of beginning. Coordinate and bearings are in the system as established by the United States Coast and Geodetic Survey for the Borough of Brooklyn. The Secretary shall make the public interest determination separately for each proposed project, using reasonable discretion, within 150 days after submission of appropriate plans for each proposed project

33 USC 59y.

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