Pt. 334 33 CFR Ch. II (7–1–12 Edition) (2) For in-lieu fee project sites, real land bank) must be consistent with the estate instruments, management plans, terms of this part. or other long-term protection mecha- (2) In-lieu fee program instruments. All nisms used for site protection must be in-lieu fee program instruments ap- finalized before advance credits can be- proved on or after July 9, 2008 must come released credits. meet the requirements of this part. In- (u) Long-term management. (1) The lieu fee programs operating under in- legal mechanisms and the party re- struments approved prior to July 9, sponsible for the long-term manage- 2008 may continue to operate under ment and the protection of the mitiga- those instruments for two years after tion bank site must be documented in the effective date of this rule, after the instrument or, in the case of um- which time they must meet the re- brella mitigation banking instruments quirements of this part, unless the dis- and in-lieu fee programs, the approved trict engineer determines that cir- mitigation plans. The responsible party cumstances warrant an extension of up should make adequate provisions for to three additional years. The district the operation, maintenance, and long- engineer must consult with the IRT be- term management of the compensatory fore approving such extensions. Any re- mitigation project site. The long-term visions made to the in-lieu fee program management plan should include a de- instrument on or after July 9, 2008 scription of long-term management must be consistent with the terms of needs and identify the funding mecha- this part. Any approved project for nism that will be used to meet those which construction was completed needs. under the terms of a previously ap- (2) The instrument may contain pro- proved instrument may continue to op- visions for the sponsor to transfer long- erate indefinitely under those terms if term management responsibilities to a the district engineer determines that land stewardship entity, such as a pub- the project is providing appropriate lic agency, non-governmental organiza- mitigation substantially consistent tion, or private land manager. with the terms of this part. (3) The instrument or approved miti- gation plan must address the financial PART 334—DANGER ZONE AND arrangements and timing of any nec- RESTRICTED AREA REGULATIONS essary transfer of long-term manage- ment funds to the steward. Sec. (4) Where needed, the acquisition and 334.1 Purpose. protection of water rights should be se- 334.2 Definitions. 334.3 Special policies. cured and documented in the instru- 334.4 Establishment and amendment proce- ment or, in the case of umbrella miti- dures. gation banking instruments and in-lieu 334.5 Disestablishment of a danger zone. fee programs, the approved mitigation 334.6 Datum. site plan. 334.10 Gulf of Maine off Seal Island, Maine; (v) Grandfathering of existing instru- naval aircraft bombing target area. ments—(1) Mitigation banking instru- 334.20 Gulf of Maine off Cape Small, Maine; ments. All mitigation banking instru- naval aircraft practice mining range area. ments approved on or after July 9, 2008 334.30 Gulf of Maine off Pemaquid Point, must meet the requirements of this Maine; naval sonobuoy test area. part. Mitigation banks approved prior 334.40 Atlantic Ocean in vicinity of Duck Is- to July 9, 2008 may continue to operate land, Maine, Isles of Shoals; naval air- under the terms of their existing in- craft bombing target area. struments. However, any modification 334.45 Kennebec River, Bath Iron Works to such a mitigation banking instru- Shipyard, naval restricted area, Bath, ment on or after July 9, 2008, including Maine. authorization of additional sites under 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery, Maine; re- an umbrella mitigation banking instru- stricted areas. ment, expansion of an existing site, or 334.60 Cape Cod Bay south of Wellfleet Har- addition of a different type of resource bor, Mass.; naval aircraft bombing target credits (e.g., stream credits to a wet- area. 528 VerDate Mar<15>2010 08:18 Aug 02, 2012 Jkt 226134 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:\SGML\226134.XXX 226134 emcdonald on DSK67QTVN1PROD with CFR Corps of Engineers, Dept. of the Army, DoD Pt. 334 334.70 Buzzards Bay, and adjacent waters, 334.240 Potomac River, Mattawoman Creek Mass.; danger zones for naval operations. and Chicamuxen Creek; U.S. Naval Pro- 334.75 Thames River, Naval Submarine Base pellant Plant, Indian Head, Md. New London, restricted area. 334.250 Gunston Cove, at Whitestone Point, 334.78 Rhode Island Sound, Atlantic Ocean, Va.; U.S. Army restricted area. approximately 4.0 nautical miles due 334.260 York River, Va.; naval restricted south of Lands End in Newport, RI; re- areas. stricted area for naval practice mine- 334.270 York River adjacent to Cheatham field. Annex Depot, Naval Supply Center, Wil- 334.80 Narragansett Bay, RI; restricted area. liamsburg, Va.; restricted area. 334.81 Narragansett Bay, East Passage, 334.275 North and Southwest Branch, Back Coddington Cove, Naval Station New- River, Hampton, U.S. Air Force Base, port, naval restricted area, Newport, Langley, Va.; restricted area. Rhode Island. 334.280 James River between the entrance 334.82 Narragansett Bay, East Passage, to Skiffes Creek and Mulberry Point, Coasters Harbor Island, Naval Station Va.; army training and small craft test- Newport, Newport, Rhode Island, re- ing area. stricted area. 334.290 Elizabeth River, Southern Branch, 334.85 New York Harbor, adjacent to the Va.; naval restricted areas. Stapleton Naval Station, Staten Island, 334.293 Elizabeth River, Craney Island Re- New York; restricted area. fueling Pier Restricted Area, Portsmouth 334.100 Atlantic Ocean off Cape May, N.J.; VA; naval restricted area. Coast Guard Rifle Range. 334.300 Hampton Roads and Willoughby 334.102 Sandy Hook Bay, Naval Weapons Bay, Norfolk Naval Base, naval re- Station EARLE, Piers and Terminal stricted area, Norfolk, Virginia. Channel, restricted area, Middletown, 334.310 Chesapeake Bay, Lynnhaven Roads; New Jersey. navy amphibious training area. 334.110 Delaware Bay off Cape Henlopen, 334.320 Chesapeake Bay entrance; naval re- Del.; naval restricted area. stricted area. 334.120 Delaware Bay off Milford Neck; 334.330 Atlantic Ocean and connecting naval aircraft bombing target area. waters in vicinity of Myrtle Island, Va.; 334.130 Atlantic Ocean off Wallops Island Air Force practice bombing, rocket fir- and Chincoteague Inlet, Va.; danger zone. ing, and gunnery range. 334.140 Chesapeake Bay; U.S. Army Proving 334.340 Chesapeake Bay off Plumtree Island, Ground Reservation, Aberdeen, Md. Hampton, Va.; Air Force precision test 334.150 Severn River at Annapolis, Md.; ex- area. perimental test area, U.S. Navy Marine 334.350 Chesapeake Bay off Fort Monroe, Engineering Laboratory. Va.; firing range danger zone. 334.155 Severn River, Naval Station Annap- 334.360 Chesapeake Bay off Fort Monroe, olis, Small Boat Basin, Annapolis, MD; Virginia; restricted area, U.S. Naval Base naval restricted area. and Naval Surface Weapon Center. 334.160 Severn River, at U.S. Naval Acad- 334.370 Chesapeake Bay, Lynnhaven Roads; emy Santee Basin, Annapolis, Md.; naval danger zones, U.S. Naval Amphibious restricted area. Base. 334.170 Chesapeake Bay, in the vicinity of 334.380 Atlantic Ocean south of entrance to Chesapeake Beach, Md.; firing range, Chesapeake Bay off Dam Neck, Virginia; Naval Research Laboratory. naval firing range. 334.180 Patuxent River, Md.; restricted 334.390 Atlantic Ocean south of entrance to areas, U.S. Naval Air Test Center, Patux- Chesapeake Bay; firing range. ent River, Md. 334.400 Atlantic Ocean south of entrance to 334.190 Chesapeake Bay, in vicinity of Chesapeake Bay off Camp Pendleton, Bloodsworth Island, MD, U.S. Navy. Virginia; naval restricted area. 334.200 Chesapeake Bay, Point Lookout to 334.410 Albermarle Sound, Pamlico Sound, Cedar Point; aerial and surface firing and adjacent waters, N.C.; danger zones range and target area, U.S. Naval Air for naval aircraft operations. Station, Patuxent River, Maryland, dan- 334.412 Albemarle Sound, Pamilico Sound, ger zones. Harvey Point and adjacent waters, NC; 334.210 Chesapeake Bay, in vicinity of Tan- restricted area. gier Island; naval guided missiles test op- 334.420 Pamlico Sound and adjacent waters, erations area. N.C.; danger zones for Marine Corps oper- 334.220 Chesapeake Bay, south of Tangier Is- ations. land, Va.; naval firing range. 334.430 Neuse River and tributaries at Ma- 334.230 Potomac River. rine Corps Air Station Cherry Point, 334.235 Potomac River, Marine Corps Base North Carolina; restricted area and dan- Quantico (MCB Quantico) in vicinity of ger zone. Marine Corps Air Facility (MCAF), re- 334.440 New River, N.C., and vicinity; Ma- stricted area. rine Corps firing ranges. 529 VerDate Mar<15>2010 08:18 Aug 02, 2012 Jkt 226134 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Y:\SGML\226134.XXX 226134 emcdonald on DSK67QTVN1PROD with CFR Pt. 334 33 CFR Ch. II (7–1–12 Edition) 334.450 Cape Fear River and tributaries at 334.635 Hillsborough Bay and waters contig- Sunny Point Army Terminal, Brunswick uous to MacDill Air Force Base, Fla.; re- County, NC; restricted area. stricted area. 334.460 Cooper River and tributaries at 334.640 Gulf of Mexico south of Apalachee Charleston, SC. Bay, Fla.; Air Force rocket firing range. 334.470 Cooper River and Charleston Harbor, 334.650 Gulf of Mexico, south of St. George S.C.; restricted areas. Island, Fla.; test firing range. 334.475 Brickyard Creek and tributaries and 334.660 Gulf of Mexico and Apalachicola Bay the Broad River at Beaufort, SC. south of Apalachicola, Fla., Drone Re- 334.480 Archers Creek, Ribbon Creek, and covery Area, Tyndall Air Force Base, Broad River; U.S.