NAVIGABLE WATERS OF THE UNITED STATES (Section 10 of the Rivers and Harbors Act)
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1 NAVIGABLE WATERS OF THE UNITED STATES (Section 10 of the Rivers and Harbors Act) Revised March 5, 2010: It amends the old list to address certain waterways that are known to support interstate commerce (and/or are tidal) but that were not previously listed (Dismal Swamp and A&C Canals, North Landing River, Northwest River, and Back Bay). By regulation, all tidal* waterbodies are considered to be navigable. In addition, the following rivers and streams in Virginia have had final determinations made of their navigability or nonnavigability: WATERWAY DETERMINATION LIMITS DATE Blackwater Riv. Navigable From its mouth to State 18 Aug 81 (trib. of Nottoway) Route 620 Bridge (River Mile 42.9) Carter Run Navigable From confluence with Rapp. 14 Aug 81 Riv. to Cliffs Mills (2.2 mi.) Clinch River Navigable From Va. line to confl. w/ 16 Feb 81 Indian Creek (Riv. Mi ) Hazel Run Navigable From confl. w/ Rapp. Riv. 14 Aug 81 to Castle Mills (19.8 mi.) North Fork Navigable From Va. line to Rt Nov 79 Holston Chatham Hill (Riv. Mi. 109) Middle Fork Navigable From confl. w/ South 16 Feb 81 Holston River Fork to Rt. Seven Mile (Riv. Mi. 32.2) South Fork Navigable From Va. line to Loves 16 Feb 81 Holston River Mill Dam (Riv. Mi. 93.8) Jackson River Navigable From its mouth to the Feb 78 confluence with Back Creek (River Mi. 55) Levisa Fork Navigable From Va. line to confl. w/ 1 Nov 77 Dismal Creek (Riv. Mi. 151)
2 Maury River Navigable From its mouth to Cedar 19 Nov 74 Grove (River Mi. 32.8) Meherrin River Non-Navigable Entire portion in Virginia 14 Aug 81 New River Navigable Entire Virginia portion N/A (Comb. of court case and FERC ruling) North Anna Non-Navigable Entire 20 Mar 80 River Nottoway River Navigable From mouth to Route Aug 81 Bridge (Riv. Mi. 46.9) Pound River Navigable From Russell Fork to and 7 Nov 77 incl. Flannagan Reservoir Powell River Navigable From Va. line to confl.. w/ 5 Feb 80 South Fork (Riv. Mi ) North Fork Navigable From confl.. w/ Powell to 5 Feb 80 Powell River Sandlick Bridge (R. M. 7.2) Rappahannock Navigable From mouth to Blackwell's 14 Aug 81 River Warehouse (53.9 mi. above Fredericksburg) Rockfish River Navigable From confl. w/ James Riv. 13 Aug 81 to Howardsville (0.6 mi.) Russell Fork Navigable From Va. line to Russell 1 Nov 77 Prater Creek (Riv. Mi. 24.6) (at town of Haysi) The following rivers and streams have been studied, but official determinations have not (yet) been made. Based on these studies, the following assumptions are used for administrative purposes: WATERWAY ASSUMPTION LIMIT Appomattox River Navigable From confl. w/ James to Planters
3 Town (132 mi., at end of Rt. 638 in Buck'ham Co., near App./P.E. Co. line Banister River Navigable From Kerr Reservoir to Rt. 642 Meadville Blackwater River Navigable From Smith Mountain Lake to a point (trib. of Roanoke) approx mi. below N&W railroad bridge, located on USGS Redwood Quad Catawba Creek Non-Navigable Entire County Line Creek Navigable Entire portion in Va. (trib of Dan River) Cowpasture River Navigable From confl. w/ James to confl. w/ Simpson Creek (6 mi.) Craig Creek Navigable From confl. w/ James to confl. w/ Johns New Castle (48 mi.) Dan River Navigable From Kerr Reservoir (Buggs Island Lake) throughout Va. except for upper reaches west of Martinsville Deep Creek Navigable From confl. w/ Appomattox River, 5 (Trib. of Appomattox) mi. upstream to Rt. 153 bridge Dunlap Creek Non-Navigable Entire (trib of James) Hardware River Navigable From confl. w/ James to Rt. 20 bridge (19 mi.) James River Navigable Entire Mattaponi River Navigable From confl. w/ York River to Guinea Bridge (nearest existing landmark is Rt. 722 Milford) North and South Non-Navigable Entire Virginia portions Mayo Rivers
4 (tribs. of Dan River) Pamunkey River Navigable Entire Pigg River Non-Navigable Entire (trib. of Roanoke) Potomac River Navigable Entire Virginia portion Potts Creek Non-Navigable Entire Rapidan River Non-Navigable Entire Roanoke River Navigable From Va. line to confl. of North and (Staunton River) South Forks North Fork Navigable From confl. w/ South Fork to confl. Roanoke River w/ Bradshaw Creek (2.8 mi.) South Fork Navigable From confl. w/ North Fork to Roanoke River Rt. 11/460 bridge (2.4 mi.) Seneca Creek Navigable From confl. w/ Roanoke to Rt. 633 Marysville in Campbell Co. Shenandoah River Navigable Entire Virginia portion South Fork Navigable From confl. w/ Shenandoah to confl. Shenandoah River w/ South Port Republic Slate River Non-Navigable Entire Smith River Navigable From Va. line up to and including Philpott Reservoir South Anna River Non-Navigable Entire Tinker Creek Navigable From confl. w/ Roanoke to Rt. 460 bridge (1.8 mi.) Tye River Navigable From confl. w/ James to Rt. 56/680 Massies Mill (26.1 mi.)
5 Willis River Non-Navigable Entire The following waterbodies have not been officially declared navigable and have not been studied strictly for the purpose of determining their navigability. Based on their being parts of the Atlantic Intracoastal Waterway, and their apparent past and/or present usage in interstate commercial navigation, the following assumptions are used for administrative purposes: WATERWAY ASSUMPTION LIMIT Dismal Swamp Canal Navigable Entire Albemarle & Chesapeake Canal Navigable Entire North Landing River Navigable Entire * Back Bay (Virginia Beach) and the Northwest River (Chesapeake) are coastal waterbodies that are considered navigable waters of the United States. Per 33 CFR (a)(2), their shoreward limit of jurisdiction (of Section 10 of the Rivers and Harbors Act) is the line on the shore reached by the plane of mean (average) high water. Since the precise elevation of mean high water is difficult to determine in these waterways due to the attenuation of lunar tides and the presence of wind tides, for administrative purposes it is assumed to be equal to the mean high water elevation of the nearby Atlantic Ocean (currently 0.92 feet (0.281 meters) NAVD 88). This assumption will also be used to determine the shoreward limit of Section 10 jurisdiction in tributaries of Back Bay and the Northwest River.
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