Corps of Engineers, Dept. of the Army, DoD Pt. 334 must be finalized before any credits credits (e.g., stream credits to a wet- can be released. land bank) must be consistent with the (2) For in-lieu fee project sites, real terms of this part. estate instruments, management plans, (2) In-lieu fee program instruments. All or other long-term protection mecha- in-lieu fee program instruments ap- nisms used for site protection must be proved on or after July 9, 2008 must finalized before advance credits can be- meet the requirements of this part. In- come released credits. lieu fee programs operating under in- (u) Long-term management. (1) The struments approved prior to July 9, legal mechanisms and the party re- 2008 may continue to operate under sponsible for the long-term manage- those instruments for two years after ment and the protection of the mitiga- the effective date of this rule, after tion bank site must be documented in which time they must meet the re- the instrument or, in the case of um- quirements of this part, unless the dis- brella mitigation banking instruments trict engineer determines that cir- and in-lieu fee programs, the approved cumstances warrant an extension of up mitigation plans. The responsible party to three additional years. The district should make adequate provisions for engineer must consult with the IRT be- the operation, maintenance, and long- fore approving such extensions. Any re- term management of the compensatory visions made to the in-lieu fee program mitigation project site. The long-term instrument on or after July 9, 2008 management plan should include a de- must be consistent with the terms of scription of long-term management this part. Any approved project for needs and identify the funding mecha- which construction was completed nism that will be used to meet those under the terms of a previously ap- needs. proved instrument may continue to op- (2) The instrument may contain pro- erate indefinitely under those terms if visions for the sponsor to transfer long- the district engineer determines that term management responsibilities to a the project is providing appropriate land stewardship entity, such as a pub- mitigation substantially consistent lic agency, non-governmental organiza- with the terms of this part. tion, or private land manager. (3) The instrument or approved miti- PART 334—DANGER ZONE AND gation plan must address the financial RESTRICTED AREA REGULATIONS arrangements and timing of any nec- essary transfer of long-term manage- Sec. ment funds to the steward. 334.1 Purpose. (4) Where needed, the acquisition and 334.2 Definitions. protection of water rights should be se- 334.3 Special policies. cured and documented in the instru- 334.4 Establishment and amendment proce- dures. ment or, in the case of umbrella miti- 334.5 Disestablishment of a danger zone. gation banking instruments and in-lieu 334.6 Datum. fee programs, the approved mitigation 334.10 Gulf of Maine off Seal Island, Maine; site plan. naval aircraft bombing target area. (v) Grandfathering of existing instru- 334.20 Gulf of Maine off Cape Small, Maine; ments—(1) Mitigation banking instru- naval aircraft practice mining range ments. All mitigation banking instru- area. ments approved on or after July 9, 2008 334.30 Gulf of Maine off Pemaquid Point, Maine; naval sonobuoy test area. must meet the requirements of this 334.40 Atlantic Ocean in vicinity of Duck Is- part. Mitigation banks approved prior land, Maine, Isles of Shoals; naval air- to July 9, 2008 may continue to operate craft bombing target area. under the terms of their existing in- 334.45 Kennebec River, Bath Iron Works struments. However, any modification Shipyard, naval restricted area, Bath, to such a mitigation banking instru- Maine. ment on or after July 9, 2008, including 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery, Maine; re- authorization of additional sites under stricted areas. an umbrella mitigation banking instru- 334.60 Cape Cod Bay south of Wellfleet Har- ment, expansion of an existing site, or bor, Mass.; naval aircraft bombing target addition of a different type of resource area. 513 VerDate Mar<15>2010 10:03 Sep 08, 2014 Jkt 232137 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Y:\SGML\232137.XXX 232137 pmangrum on DSK3VPTVN1PROD with CFR Pt. 334 33 CFR Ch. II (7–1–14 Edition) 334.70 Buzzards Bay, and adjacent waters, 334.260 York River, Va.; naval restricted Mass.; danger zones for naval operations. areas. 334.75 Thames River, Naval Submarine Base 334.270 York River adjacent to Cheatham New London, restricted area. 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. 334.285 York River and the Naval Weapons 334.85 New York Harbor, adjacent to the Station Yorktown-Cheatham Annex, Stapleton Naval Station, Staten Island, Yorktown, Virginia; danger zone. New York; restricted area. 334.290 Elizabeth River, Southern Branch, 334.100 Atlantic Ocean off Cape May, N.J.; Va.; naval restricted areas. Coast Guard Rifle Range. 334.102 Sandy Hook Bay, Naval Weapons 334.293 Elizabeth River, Craney Island Re- Station EARLE, Piers and Terminal fueling Pier Restricted Area, Portsmouth Channel, restricted area, Middletown, VA; naval restricted area. New Jersey. 334.300 Hampton Roads and Willoughby 334.110 Delaware Bay off Cape Henlopen, Bay, Norfolk Naval Base, naval re- Del.; naval restricted area. stricted area, Norfolk, Virginia. 334.120 Delaware Bay off Milford Neck; 334.310 Chesapeake Bay, Lynnhaven Roads; naval aircraft bombing target area. navy amphibious training area. 334.130 Atlantic Ocean off Wallops Island 334.320 Chesapeake Bay entrance; naval re- and Chincoteague Inlet, Va.; danger zone. stricted area. 334.140 Chesapeake Bay; U.S. Army Proving 334.330 Atlantic Ocean and connecting Ground Reservation, Aberdeen, Md. waters in vicinity of Myrtle Island, Va.; 334.150 Severn River at Annapolis, Md.; ex- Air Force practice bombing, rocket fir- perimental test area, U.S. Navy Marine ing, and gunnery range. Engineering Laboratory. 334.340 Chesapeake Bay off Plumtree Island, 334.155 Severn River, Naval Station Annap- Hampton, Va.; Air Force precision test olis, Small Boat Basin, Annapolis, MD; area. naval restricted area. 334.350 Chesapeake Bay off Fort Monroe, 334.160 Severn River, at U.S. Naval Acad- Va.; firing range danger zone. emy Santee Basin, Annapolis, Md.; naval 334.360 Chesapeake Bay off Fort Monroe, restricted area. Virginia; restricted area, U.S. Naval Base 334.170 Chesapeake Bay, in the vicinity of and Naval Surface Weapon Center. Chesapeake Beach, Md.; firing range, 334.370 Chesapeake Bay, Lynnhaven Roads; Naval Research Laboratory. danger zones, U.S. Naval Amphibious 334.180 Patuxent River, Md.; restricted Base. areas, U.S. Naval Air Test Center, Patux- 334.380 Atlantic Ocean south of entrance to ent River, Md. Chesapeake Bay off Dam Neck, Virginia; 334.190 Chesapeake Bay, in vicinity of naval firing range. Bloodsworth Island, MD, U.S. Navy. 334.390 Atlantic Ocean south of entrance to 334.200 Chesapeake Bay, Point Lookout to Chesapeake Bay; firing range. Cedar Point; aerial and surface firing 334.400 Atlantic Ocean south of entrance to range and target area, U.S. Naval Air Chesapeake Bay off Camp Pendleton, Station, Patuxent River, Maryland, dan- Virginia; naval restricted area. ger zones. 334.210 Chesapeake Bay, in vicinity of Tan- 334.410 Albermarle Sound, Pamlico Sound, gier Island; naval guided missiles test op- and adjacent waters, N.C.; danger zones erations area. for naval aircraft operations. 334.220 Chesapeake Bay, south of Tangier Is- 334.412 Albemarle Sound, Pamilico Sound, land, Va.; naval firing range. Harvey Point and adjacent waters, NC; 334.230 Potomac River. restricted area. 334.235 Potomac River, Marine Corps Base 334.420 Pamlico Sound and adjacent waters, Quantico (MCB Quantico) in vicinity of N.C.; danger zones for Marine Corps oper- Marine Corps Air Facility (MCAF), re- ations. stricted area. 334.430 Neuse River and tributaries at Ma- 334.240 Potomac River, Mattawoman Creek rine Corps Air Station Cherry Point, and Chicamuxen Creek; U.S. Naval Pro- North Carolina; restricted area and dan- pellant Plant, Indian Head, Md. ger zone. 334.250 Gunston Cove, at Whitestone Point, 334.440 New River, N.C., and vicinity; Ma- Va.; U.S. Army restricted area. rine Corps firing ranges. 514 VerDate Mar<15>2010 10:03 Sep 08, 2014 Jkt 232137 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Y:\SGML\232137.XXX 232137 pmangrum on DSK3VPTVN1PROD with CFR Corps of Engineers, Dept. of the Army, DoD Pt. 334 334.450 Cape Fear River and tributaries at and aircraft jettison, U.S. Air Force, Sunny Point Army Terminal, Brunswick MacDill Air Force Base. County, NC; restricted area. 334.635 Hillsborough Bay and waters contig- 334.460 Cooper River and tributaries at uous to MacDill Air Force Base, Fla.; re- Charleston, SC. stricted area. 334.470 Cooper River and Charleston Harbor, 334.640 Gulf of Mexico south of Apalachee S.C.; restricted areas. Bay, Fla.; Air Force rocket firing range. 334.475 Brickyard Creek and tributaries and 334.650 Gulf of Mexico, south of St. George the Broad River at Beaufort, SC. Island, Fla.; test firing range. 334.480 Archers Creek, Ribbon Creek, and 334.660 Gulf of Mexico and Apalachicola Bay Broad River; U.S.