The District Engineer has modified the existing restricted area in waters surrounding Naval Weapons Station Yorktown:
APPLICANT
Commanding Officer
Naval Weapons Station Yorktown
Attn: LCDR Neil Hernandez, Executive Officer
160 Main Street
Yorktown, Virginia 23691
WATERWAY AND LOCATION OF THE RESTRICTED AREA
The restricted area has been modified to include Felgates Creek and Indian Field Creek along the York River in Yorktown, Va.
NOTICE
ACTION: Modification of the existing restricted area published at 33 CFR §334.260, “York River, VA.; naval restricted areas”.
This regulation, promulgated by the Corps of Engineers, Norfolk District prohibits certain activities from being conducted within the Restricted Areas at all times.
AUTHORITY: Pursuant to 40 Statute 266 (33 U.S.C. § 1), 40 Statute 892 (33 U.S.C. § 3) and 33 CFR §334, The District Engineer has authorized a modification to Restricted areas in waters of the United States adjacent to Naval Weapons Station Yorktown within Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia as follows:
THE REGULATION: §334.260 York River, VA.; naval restricted areas
(a) The areas —(1) Naval mine service-testing area (prohibited). A rectangular area surrounding Piers 1 and 2, Naval Weapons Station, and extending upstream therefrom, beginning at a point on the shore line at latitude 37°15'25" N, longitude 76°32'32" W; thence to latitude 37°15'42" N, longitude 76°32'06" W; thence to latitude 37°15'27" N, longitude 76°31'48" W; thence to latitude 37°15'05" N, longitude 76°31'27" W; thence to a point on the shore line at latitude 37°14'51" N, longitude 76°31'50" W; and thence along the shore line to the point of beginning.
(2) Naval mine service-testing area (restricted). A rectangular area adjacent to the northeast boundary of the prohibited area described in paragraph (a)(1) of this section, beginning at latitude 37°16'00" N, longitude 76°32'29" W; thence to latitude 37°16'23" N, longitude 76°32'00" W; thence to latitude 37°15'27" N, longitude 76°30'54" W; thence to latitude 37°15'05" N, longitude 76°31'27" W; thence to latitude 37°15'27" N, longitude 76°31'48" W; thence to latitude 37°15'42" N, longitude 76°32'06" W; thence to latitude 37°15'40" N, longitude 76°32'09" W; and thence to the point of beginning.
(3) Explosives-Handling Berth (Naval). A circular area of 600 yards radius with its center at latitude 37°13'56" N, longitude 76°28'48" W.
(4) Felgates Creek (prohibited). Navigable waters of the United States as defined at 33 CFR part 329 within Felgates Creek from the boundary fence line at the mouth to the mean high water line of the head and all associated tributaries. The area contains the entirety of Felgates Creek and all associated tributaries south of the line which begins at latitude 37º 16’ 24” N, longitude 76º 35’ 12” W and extends east to latitude 37º 16’ 21” N, longitude 76º 35’ 00” W.
(5) Indian Field Creek (prohibited). Navigable waters of the United States as defined at 33 CFR part 329 within Indian Field Creek from the boundary fence line at the mouth to the mean high water line of the head and all associated tributaries. The area contains the entirety of Indian Field Creek and all associated tributaries south of the line which begins at latitude 37º 16’ 05” N, longitude 76º 33’ 29” W and extends east to latitude 37º 16’ 01” N, longitude 76º 33’ 22” W.
(b) The regulations. (1) All persons and all vessels other than naval craft are forbidden to enter the prohibited area described in paragraph (a)(1) of this section.
(2) Trawling, dragging, and net-fishing are prohibited, and no permanent obstructions may at any time be placed in the area described in paragraph (a)(2) of this section. Upon official notification, any vessel anchored in the area and any person in the area will be required to vacate the area during the actual mine-laying operation. Persons and vessels entering the area during mine-laying operations by aircraft must proceed directly through the area without delay, except in case of emergency. Naval authorities are required to publish advance notice of mine-laying and/or retrieving operations scheduled to be carried on in the area, and during such published periods of operation, fishing or other aquatic activities are forbidden in the area. No vessel will be denied passage through the area at any time during either mine-laying or retrieving operations.
(3) The Explosives-Handling Berth (Naval) described in paragraph (a)(3) of this section is reserved for the exclusive use of naval vessels and except in cases of emergency no other vessel shall anchor therein without the permission of local naval authorities, obtained through the Captain of the Port, U.S. Coast Guard, Norfolk, Virginia. There shall be no restriction on the movement of vessels through the Explosive-Handling Berth.
(4) Vessels shall not be anchored, nor shall persons in the water approach within 300 yards of the perimeter of the Explosives-Handling Berth (Naval) when that berth is occupied by a vessel handling explosives.
(5) All persons and all vessels are forbidden to enter the prohibited areas described in paragraphs (a)(4) and (a)(5) of this section without prior permission of the enforcing agency.
(6) The regulations of this section shall be enforced by the Commander, Naval Weapons Station, Yorktown, Virginia, and such agencies as he/she may designate.
EFFECTIVE DATE: November 13, 2012
DURATION: This order shall remain in effect until changes or formal regulations are developed.
CONTACT INFORMATION: For the latest information regarding the restricted area modification contact Nicole Woodard, Corps of Engineers Regulatory Branch at (757-201-7122 or check the website at http://www.nao.usace.army.mil/Regulatory_Branch/Public_Notices.asp. For permission to enter the area or for information regarding technical issues associated with the restricted area contact The Executive Officer, Naval Weapons Station Yorktown, 160 Main Street, Yorktown, Virginia 23691.
FOR THE DISTRICT ENGINEER:
William T. Walker
Chief, Regulatory Branch