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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Any person who wants to conduct site evaluation and pre-construction testing at a potential site for a deepwater port must submit a written notice to the Commandant (CG–5P) at least 30 days before the beginning of the evaluation or testing. The Commandant (CG–5P) advises and coordinates with appropriate Federal agencies and the States concerning activities covered by this subpart.
(b) The written notice must include the following:
(1) The names of all parties participating in the site evaluation and pre-construction testing;
(2) The type of activities and the way they will be conducted;
(3) Charts showing where the activities will be conducted and the locations of all offshore structures, including pipelines and cables, in or near the proposed area;
(4) The specific purpose for the activities;
(5) The dates when the activities will begin and end;
(6) The available data on the environmental consequences of the activities;
(7) A preliminary report, based on existing data, of the historical and archeological significance of the area where the proposed activities are to take place. The report must include contacts made with any appropriate State liaison officers for historic preservation; and
(8) Additional information, if necessary, in individual cases.
(c) For the following activities, the notice only needs the information required in paragraphs (b)(1), (b)(2), and (b)(5) of this section, as well as a general indication of the proposed location and purpose of the activities, including:
(1) Gravity and magneto-metric measurements;
(2) Bottom and sub-bottom acoustic profiling, within specified limits, without the use of explosives;
(3) Sediment sampling of a limited nature using either core or grab samplers, and the specified diameter and depth to which the sampling would penetrate if geological profiles indicate no discontinuities that may have archeological significance;
(4) Water and biotic sampling if the sampling does not adversely affect shellfish beds, marine mammals, or an endangered species, or if the sampling is permitted by another Federal agency;
(5) Meteorological measurements, including the setting of instruments;
(6) Hydrographic and oceanographic measurements, including the setting of instruments; and
(7) Small diameter core sampling to determine foundation conditions.
(d) A separate written notice is required for each site.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.148.405 What are the procedures for notifying the Commandant (CG–5P) of proposed site evaluation and pre-construction testing? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-148-405/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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