EP 1130-2-520
29 Nov 96
4-4. Guidance.
a. Hazard determination. Generally, anything that restricts or obstructs general
navigation within a defined channel, or creates a similar restriction in a fairway, or has reasonably
high potential for moving into any area of general navigation, can be considered a hazard to
navigation. Other situations are considered on a case-by-case basis, where a hazard is defined in
terms of specially significant factors. The determination is a judgment call by the District
Commander, coordinated with the Coast Guard district.
(1) Those obstructions which affect only private wharves or canals (i.e., public access is
restricted) do not fall within the scope of restricting "general navigation," and will not ordinarily
be removed by the Corps. Similarly, wrecks alongside commercial docks, or obstructing local
access channels to such docks, will not ordinarily justify the expenditure of Federal funds for
removal.
(2) Obstructions which present only a minor inconvenience to marine traffic (e.g., outside
the main channel, limiting the number of places where large tows can leave the channel for
passing, but where nearby alternatives exist) will not ordinarily be removed.
(3) Obstructions which have a high potential for moving should be given special
consideration, since any unexpected movement could create a special hazard to mariners.
(4) Where timeliness is not a critical factor, a court judgment to compel removal is the
preferred first course of action before undertaking Corps removal. Before seeking a judgment,
however, some attempt should be made to determine if the owner is likely to have the financial
means to undertake removal.
b. Requests for HQUSACE approval (where contract costs for removal are estimated to
exceed 0,000) shall be transmitted by letter through the MSC Commander to CECW-OD, and
shall include a copy of the existing case file documentation as outlined below. Advance
coordination by telephone is authorized and encouraged.
c. Documentation.
(1) Case file. The case file for each reported obstruction shall include the following
information (items (i)-(m) apply only when Corps removal is undertaken):
(a) Location (shown on large-scale chart)
(b) Method of locating
(c) Description of the obstruction
(d) Identification of vessel (if ascertainable)
- name, flag, vessel type, documentation
- dimensions, construction (steel, wood, etc.)
- cargo
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