Lake Seminole Shoreline Management Plan

Purpose....................................................................................................1

Objective..................................................................................................1

Authority...................................................................................................1

Jurisdiction................................................................................................1

Project Description & History....................................................................2

Public Involvement.....................................................................................2

Lake Seminole Citizens Advisory Committee..............................................3

Shoreline Allocations..................................................................................3

Permits.......................................................................................................5

Regional Permit Authority............................................................................5

Nationwide Permits.....................................................................................6

Department of the Army Permits..................................................................6

Shoreline Use Permit/License.......................................................................6
    "Grandfather" Activities, Structures & Facilities.........................................7
    Docks & Appurtenant Structures.............................................................7
    Vegetative Modification...........................................................................7
    Access Requirements...............................................................................8
    Site Requirements....................................................................................8
    Designs For Persons With Disabilities.......................................................8

Dock Definitions & Requirements.................................................................8
    Location...................................................................................................9
    Spacing....................................................................................................9
    Water Depth............................................................................................9
    Structural Support System........................................................................9
    Dock Flotation.........................................................................................9
    Dock Anchorage......................................................................................10
    Dock Walkways......................................................................................10
    Boat Dock Roofs & Sundecks.................................................................10
    Dock Storage Locker..............................................................................11
    Dock Furniture, Household Items, etc......................................................11
    Boat Hoists..............................................................................................11
    Courtesy/Community Docks.....................................................................11

Landbased Facility Requirements..................................................................12
    Electrical Service......................................................................................12
    Waterlines & Pumps.................................................................................12
    Other Utilities...........................................................................................13
    Improved Access.....................................................................................13
    Bank Stabilization.....................................................................................13

Facility Maintenance.....................................................................................14
Minor Repairs..........................................................................................14
Major Repairs..........................................................................................14

Vegetative Modification................................................................................14
    Limited Underbrushing..............................................................................14
    Vegetative Planting...................................................................................15
    Permit Authorization.................................................................................15

Shoreline Management Violations..................................................................15

Specified Acts Permits..................................................................................15
    Dredging/Silt Removal...............................................................................16
    Erosion Control.........................................................................................16
    Hazardous Trees.......................................................................................16
    Fire Protection..........................................................................................16
    Pathways..................................................................................................16
    Aquatic Plant Control................................................................................17
    Other Activities.........................................................................................17

Boundary Management & Encroachment Resolution......................................17
    Minor Encroachments...............................................................................17
    Major Encroachments...............................................................................17

Easements....................................................................................................18

Natural Resources Management....................................................................18
    Aquatic Plant Management........................................................................18
    Forest Management..................................................................................19
    Wildlife Management.................................................................................19
    Fisheries Management...............................................................................19
    Water Quality............................................................................................19
    Endangered Species..................................................................................19
    Wetlands...................................................................................................20

Cultural/Historical/Archaeological Resources..................................................20

Administrative Review....................................................................................20

Conclusions....................................................................................................21

References Cited............................................................................................23

Other Pertinent References.............................................................................25

Contact Information:
Written correspondences should be directed to: Lake Seminole Resource Management Office
U. S. Army Corps of Engineers
Post Office Box 96
Chattahoochee, Florida 32324-0096

Telephone inquires can be made by calling (229) 662-2001.
Facsimile (Fax) communications should be transmitted to (229) 662-2903.

Personal visits are welcome on Monday through Friday, from 8:00 a.m. until 4:30 p.m. eastern standard time, at the Resource Management Office located one-half mile north of Chattahoochee, Florida via Booster Club Road.

Purpose

This Shoreline Management Plan provides guidance and information for effectively managing the shoreline at Lake Seminole, including its adjacent public lands and waters. It also describes types of private uses that may be permitted on lands and waters managed by the U.S. Army Corps of Engineers. Additionally, the plan addresses rules and regulations, shoreline allocations, and other information relative to the Lake Seminole shoreline management program.

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Objective

The U.S. Army Corps of Engineers is responsible for managing the shoreline, and its adjacent public lands and waters, in a manner promoting safe and healthful public use. Management must strive to sustain quality natural resources for both present and future generations while accommodating general public access to all project lands and waters. Therefore, the objective is to maintain a balance between permitted minor private uses, long term resource protection, and public recreational opportunities.

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Authority

This plan was prepared in accordance with the requirements directed in Engineering Regulation (ER) 1130-2-406, dated October 31, 1990, titled "Shoreline Management at Civil Works Projects," as per change 1, dated September 24, 1992.

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Jurisdiction

It is the policy of the Chief of Engineers to protect and manage shorelines of all Civil Works water resource development projects under Corps jurisdiction. The term "project" refers to the water areas of any water resources development project administered by the Chief of Engineers, without regard to ownership of underlying land, to all lands owned in fee by the Federal Government and to all facilities therein or thereon of any such water resources development project. The states of Georgia, Florida, and Alabama and their political subdivisions retain statutory responsibility to enforce state and local laws.

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Project Description & History

The Jim Woodruff Lock and Dam was authorized by the River and Harbor Act of 1946. It was the first of three locks and dams constructed to provide a channel with a depth of nine feet and a minimum width of 100 feet from the Gulf Intracoastal Waterway, via the Apalachicola and the Chattahoochee Rivers, to Columbus, GA; and via the Flint River to Bainbridge, GA. Construction began in 1947 and was completed in 1957. The lake created by this project was officially designated as Lake Seminole by Public Law 85-138, approved on August 14, 1957. Lake Seminole has a water surface area of 37,500 acres with 376 miles of shoreline. It is a multi-purpose project for navigation, hydroelectric power production, recreation, and related uses. The lake is operated at a relatively constant level at elevation 77.5 feet above mean sea level (MSL). Although there is some fluctuation for power production and navigation, no storage for flood control is provided.

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Public Involvement

During the development of the initial Lakeshore Management Plan, two public meetings were held in Chattahoochee, FL. At the first meeting, on September 15, 1975, public input was gathered for the plan's formulation. The plan was presented on April 22, 1976 at the second meeting. It was approved September 1979.

During the early 1990's, a major review of the Lakeshore Management Plan became necessary due to revisions of ER 1130-2-406, to the length of time the original plan had been in effect without an update, and to increasing requests for minor private uses of the shoreline. The U.S. Army Corps of Engineers "partnered" with the Lake Seminole Citizens Advisory Committee to use a process of public participation for accomplishing a plan revision. After an extensive notification campaign, the first public workshop was held on August 10, 1993, at the high school coliseum in Bainbridge, GA. The revision process was explained and the public encouraged to serve on any of six committees formed to address the major issues associated with the plan. These were Boat Dock Requirements, Shoreline Allocations, Land Use Activities, Forestry and Wildlife Management, Recreation Development, and Aquatic Weeds Management. The committees reviewed the existing plans and policies to formulate recommendations for consideration in revising the plan.

The Lake Seminole Resource Management Staff encourages continued public involvement in the day to day management of the project's natural resources. Adjacent property owners to the
project have a genuine interest in its proper management so as to promote a sustained quality environment for present and future public use. The Resource Management Staff is dedicated to the wise management of the natural resources at Lake Seminole and therefore, is available for assistance in accomplishing the objectives of this plan.

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Lake Seminole Citizens Advisory Committee

The Lake Seminole Citizens Advisory Committee was organized in 1988 as a forum for public input into the management activities of Lake Seminole. Its objective is to provide balanced public opinion and advice regarding proposed changes to operating procedures, or local Corps of Engineers policy, affecting the project's public use. The committee is composed of one representative from each county adjacent to the lake. The Lake Seminole Resource Management Staff is fortunate to have the Advisory Committee as a partner and encourages the public to use this forum. Further information on the committee may be obtained by contacting the Resource Management Office at Lake Seminole.

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Shoreline Allocations

To meet the objectives of ER 1130-2-406 and the project's Master Plan, the Shoreline Management Plan zones Lake Seminole's shoreline to promote its orderly use and development. Additionally, it is essential to manage activities on project lands and waters by issuing permits. Activities may include, but are not limited to, constructing and maintaining fixed and floating docks, utility lines, walkways, and modifying vegetation. There are 376 miles of shoreline at Lake Seminole allocated into the following four categories:

· Limited Development Areas
· Public Recreation Areas
· Protected Shoreline Areas
· Prohibited Access Areas.

Exhibit I contains a map displaying Lake Seminole's shoreline allocations corresponding to Table 1 on the following page. Maps showing more detailed information may be viewed at the Resource Management Office.

Allocation Category	Color	Amount	Description
Limited Development	green	75 miles 20%	Certain specific private uses may be authorized in these areas if a permit is obtained. Applications are reviewed "first come/first served," and are based on individual merit. Several resource management considerations must be satisfied prior to approving or denying a permit including water depth, density of development, navigation, environment, safety, and site conditions. Access and site requirements are discussed under Shoreline Use Permit/Licenses on page 6.
Public Recreation	red	72 miles 19%	These areas are specifically designated in the project's Master Plan for present, or future, intensive recreational development. No permits for private uses are issued in areas with this designation.
Protected Shoreline	yellow	228 miles 60%	Areas designated to maintain or restore aesthetic values; to protect fish and wildlife habitat and other environmental values; to protect cultural, historical, and archeological resources; to protect channels for navigation; to restrict structures from water too shallow for navigation, subject to excessive siltation, erosion, rapid dewatering, or exposure to high wind, wave or currents are allocated under this category. No permits for new private structures or utilities will be authorized in these areas. However, permits may be granted for minor modifications to vegetation, such as creating a path to the shoreline if the Corps determines the activity will not adversely impact the environmental values or physical characteristics which required the area to be protected.
Prohibited Access	orange	1 mile < 1%	Areas reserved for project operation are allocated under this classification and include lands located in the proximity of the dam, lock, hydropower structure, and operational areas.

Permits

Certain activities affecting the project waters of Lake Seminole and its tributaries such as, but not limited to, constructing fixed/floating docks, intake and discharge structures; stabilizing shoreline banks; and dredging may be authorized pursuant to Section 10 of the River and Harbor Act of 1899, (33 U.S.C. 403) and Section 404 of the Clean Water Act, (33 U.S.C. 1344). Other activities affecting public lands such as installing utility rights-of-way, undertaking erosion control, and performing vegetative modification may be evaluated and permitted through the Lake Seminole Shoreline Management Plan. Permit activities require specific written approval prior to commencement of work. Requests originate at the Lake Seminole Resource Management Office.

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Regional Permit Authority

Prior to September 11, 1986, all activities affecting project waters on Lake Seminole were authorized by issuance of a Department of the Army Permit through Corps regulatory districts in Savannah, GA, Jacksonville, FL, and Mobile, AL as defined under their jurisdiction. After September 11, 1986, the Savannah and Jacksonville Districts issued regional permit authority to the Resource Manager for minor work and structures in or affecting the waters of the United States within the limits of the U.S. Army Corps of Engineers Lake Seminole, Georgia and Florida. The scope of the regional permits includes only those activities which are considered to be minor in nature and would cause only minimal individual and cumulative environmental impacts. These activities are identified as:

· Initial and Maintenance Dredging
· Intake Structures in Navigable Waters of the United States
· Discharge Structures in Navigable Waters of the United States where the effluent from the Structures does not Require an NPDES Permit
· Construction and/or Maintenance of Fixed Structures

The first three activities listed above require a cultural resource assessment of the upland disposal areas if the appropriate State Historic Preservation Officer (SHPO) (GA & FL) determines that there may be a cultural resource concern for a particular project site. All proposals must be in accordance with the guidelines and limitations set forth in the conditions of the regional permits and the Lake Seminole Shoreline Management Plan, and be approved by Lake Seminole's Resource Manager. The regional permits are administered through the Lake Seminole Shoreline Management Plan. Copies of the regional permits are available upon request by contacting the Lake Seminole Resource Management Office.

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Nationwide Permits

Nationwide permits are a type of general permit designed to regulate activities with minimal impact on a nationwide basis. The authority to evaluate and authorize permits for activities of a minor nature relative to Section 10 and Section 404 is delegated to the field offices. Permits are implemented through the shoreline use or specified acts permit format. Currently, the most common activity permitted at Lake Seminole through the Nationwide Permit Program is construction of retaining walls or installation of rip-rap for bank stabilization.

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Department of the Army Permits

Proposed activities exceeding the scope of the regional and nationwide permits are evaluated by the appropriate Corps Regulatory Branch. These activities may be considered for approval if they are not prohibited by Title 36, Code Of Federal Regulations (CFR), this Shoreline Management Plan, or other pertinent environmental laws. Existing Department of the Army Permits will be converted to the Shoreline Use Permit/License format once the facilities are modified in any way, there is a change of ownership, or upon death of the permittee.

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Shoreline Use Permit/License

Shoreline Use Permit/Licenses are required instruments used to authorize private structures or activities of any kind affecting project lands or waters of Lake Seminole. Boats do not require a Shoreline Use Permit, however they may not be abandoned, stored or left unattended upon project lands or waters. Permit/licenses may also be issued for vegetative modification, specified utilities, and other land based activities. Permit/licenses may be issued for a term up to five years, are temporary in nature and have expiration dates. Permit/licenses contain specific conditions listed on the application. Other special conditions may be listed on exhibit A/B of the permit. Application procedures for Shoreline Use Permit/Licenses are described in Exhibit II. It is highly recommended that the applicant become familiar with all permit conditions prior to completing the application (Exhibit III).

Only one permit may be issued per adjacent landowner. Multiple persons listed on a deed or closing statement will be considered as one adjacent landowner. Only one permit may be issued per adjacent household/family unit. Current permit holders who purchase property that is associated with previously permitted facilities may be issued a permit for those facilities only. Further permittable activities may not be considered for approval. Permit/licenses are not issued for commercial or speculative purposes. Permits will not be issued to minors.

Applicants will be billed for specified permitted activities prior to issuance of a permit/ license. A fee schedule, published separately, is available from the Resource Management Office and is also provided during the application process. Fees are subject to change.

While the issuance of Shoreline Use Permit/Licenses does not convey any property rights on project lands or waters, the permittee may take lawful precautions to protect their personal property from theft, vandalism, and trespass. The public's right to legitimate and lawful use of project lands and waters will in no way be precluded by the permit holder.

Permit/licenses are non-transferable and become null and void upon sale or transfer of the permittee's adjacent private property, sale or transfer of the permittee's permitted facility or death of the permittee and legal spouse. If ownership of adjacent private property or permitted facilities is sold or transferred, the permittee or prospective new owner must notify the Resource Management Office prior to the finalization. The new owner must apply for a Shoreline Use Permit within 14 days after finalization or remove the facility and restore the use area within 30 days from the date of ownership transfer.

Recommendations made by Corps field personnel relative to the issuance of permits are subject to review by management personnel. All applications for permit/licenses on Lake Seminole must be approved by the Resource Manager or a designated representative prior to beginning of any work on project lands/waters. If the applicant desires to discuss or appeal a decision, the individual should follow the process shown in Exhibit XIV.

All Shoreline Use Permit/Licenses are issued on a first come basis in accordance with Title 36, Code of Federal Regulations, Chapter III, Part 327, and ER 405-1-12, Chapter 8.

"Grandfather" Activities, Structures & Facilities. "Grandfather" status allows activities, structures and facilities authorized under previous policies and prior permits to remain—even though permits for new activities, structures, or facilities of the same type no longer are issued. These previous commitments will be honored by the Corps. However, they will be reviewed to determine the conditions for complying with their "grandfather" status at either the time of renewal; when ownership changes; if a permit is revoked; following the death of a permittee and spouse; at anytime the structure is found in disrepair; or if the activity ceases. "Grandfather" items include, but are not limited to, the following:

· Docks & Appurtenant Structures. Public Law 99-662 prohibits forced removal of previously authorized docks and appurtenant structures (improved walkways, utility lines, etc.) which were at their originally authorized locations on November 17, 1986, providing they are maintained in usable and safe condition; they do not occasion a threat to life or property; and the holder of the permit/license substantially complies with the terms of the existing permit/license. However, replacement flotation must meet all current requirements, handrails must be installed as required, and electrical systems must meet the requirements described on page 12. The "grandfather" status can be overridden when deemed necessary for public purposes, for navigational use, or for flood control. The public law does not exempt the permittee from complying with the conditions of the permit or any permitting requirements.

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· Vegetative Modification. Conditions for underbrushing and/or mowing permitted and maintained under a policy prior to July 1990 will be "grandfathered." The permittee (or subsequent permittees, if ownership of private interests changes) can maintain the same level of vegetative modification. Therefore, mowing, if previously authorized, may continue. The permittee, however, may voluntarily meet current requirements as described on page 14 by planting and/or allowing the site to revegetate naturally.

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Access Requirements. Applicants for Shoreline Use Permit/Licenses must have unrestricted direct access from private property to project lands and/or waters. Public roads do not serve as legitimate access. Proof of access must be satisfied by submitting a copy of the recorded deed or closing statement with the application package.

Site Requirements. Newly permitted activities must conform with the shoreline management allocation map, Exhibit I, and be located on project lands/waters which are allocated as "Limited Development". Permits will not be issued in areas determined to be wetlands, to be environmentally sensitive, or to have cultural, historical, or archaeological significance. The location of the activities must not cause a safety hazard to the applicant/user or general public. Specific site requirements for permittable activities are defined under the respective sections.

Designs For Persons With Disabilities. Special deviations from the design requirements for dock structures, walkways, and steps may be permitted to accommodate disabled members of the adjacent landowner's household. To qualify for special consideration, the individual must be eligible for federal or state assistance or have other justifying documentation. Every effort will be made to grant permits to those who meet the eligibility requirements. However, site conditions may limit the Corps' ability to accommodate every applicant.

Dock Definitions & Requirements. Permit/Licenses may be approved for dock structures to be used for mooring a vessel and storing gear essential to the use of that vessel in accordance with ER 1130-2-406. However, mooring buoys and ski jumps no longer are authorized due to safety problems they create—even though provisions for them are included in ER 1130-2-406. Dock structures may be fixed and/or floating and shall be limited to either a square or rectangular configuration. Standard planning forms are illustrated in Exhibit IV. For the purposes of consistent measurements, width is the portion of the dock parallel to the shoreline and length is the portion of the dock perpendicular to the shoreline. Docks must be walkway accessible from the shoreline. See page 7 for information on "grandfather" status.

A boat dock is a structure with a boat mooring slip(s), with or without a roof, without sides/walls, and with or without a second level deck. The maximum external dimensions shall not exceed 32 feet by 32 feet, including any flat dock attached to the structure. Boat slip dimensions shall not exceed 20 feet wide by 28 feet long. Installing chain-link fencing, or similar material, around the slip for security purposes may be approved.

A flat/T-dock is an open sided structure, with or without a roof, and without a boat mooring slip. The minimum size shall be 48 square feet. The maximum dimensions shall not exceed 192 square feet.

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· Location. The location for any proposed new dock structure must be at the point of the shoreline nearest the adjacent landowner's property. Deviations of no more than 100 feet left or right of this point may be considered if water depth, spacing, or other site conditions are a problem. Cross-over situations or placement of facilities beyond a neighboring existing facility are not encouraged and may not be approved. Only under the most unusual situations may cross-overs be approved by the Resource Manager.

· Spacing. The area considered for a new dock structure must provide for a 50-foot buffer spacing between the proposed dock and any existing docks at 77.5 MSL. This buffer is from the nearest point of the proposed dock to the nearest point of other existing docks. The center _ of a cove or channel must be left open for navigation. The length of any dock, including any moored vessel, must not encroach into this center _ of the cove or channel at any time. Approved new docks shall be placed so as to have the least impact on navigation.

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· Water Depth. At the area of consideration, the water depth is required to be no less than four feet at the lake-side end of the proposed dock. Site evaluations will be based on the normal pool elevation of 77.5 MSL.

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· Structural Support System. The permittee is responsible for assuring that the dock is designed, constructed, and maintained with safety and structural integrity. Construction materials commonly used for joist, rafters, studding, and decking are wood and/or metal. All wood construction shall be either pressure treated or decay resistant. Creosote, arsenic, or penta treated wood is not acceptable. Marine plywood may be used for decking. Carpeting may not be used to provide a non-slip walking surface. Existing carpet will be removed when it creates an obvious safety hazard and/or at permit expiration. Metal should primarily be used for support functions, not decking. If used, metal decking must have a non-slip tread. All hardware must be galvanized or stainless steel. All nails, bolts, or screws must securely fasten supports and decking to maintain structural stability.

Unsafe dock conditions include, but are not limited to, protruding nails, bolts, or screws; partially decayed or slick materials; ripped, jagged, sharp, pointed and splintered materials; loose or missing supports and decking; and loss of structural strength due to rust or broken joints. These and other unsafe conditions require correction in accordance with current standards. Facility maintenance requirements are described on page 14.

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· Dock Flotation. All new or replacement flotation shall be of materials which will not become waterlogged (i.e. not over 1½ percent by volume according to standards of the American Society for Testing and Materials [ASTM]), is resistant to damage by animals, and will not sink or contaminate the water if punctured. No metal covered or injected drum flotation will be allowed. Foam bead flotation with a density of one pound per cubic foot, but otherwise not meeting the above criteria, is authorized if it is encased in an approved protective coating which enables it to meet the above specifications. An approved coating is defined as being warranted by the manufacturer for a period of at least eight years against cracking, peeling, sloughing, and deterioration from ultra violet rays, while retaining its resiliency against ice and bumps by watercraft. Existing flotation will remain authorized until it is severely deteriorated and is no longer serviceable or capable of supporting the structure. At such time it must be replaced with approved flotation. This action is required when less than 40% of the flotation unit is above the water.

It is recommended that permittees and applicants obtain manufacturer's specifications to determine if a product meets the above criteria. Once obtained, this information should be submitted to the Resource Management Office for review.

· Dock Anchorage. The permittee shall provided an anchorage system which ensures securely mooring the structure. Fixed docks are anchored by the very nature of their construction. Floating docks may be anchored by a cable to a wooden or metal post set in the ground above 77.5 MSL on the shoreline. Trees or other natural features shall not be used as anchors. Cables must be galvanized, stainless steel, or aluminum and shall not obstruct use of the shoreline or otherwise create a safety hazard. An optional system using anchor posts with dock sleeves set in the lake bottom may be approved.

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· Dock Walkways. Dock walkways are approach ramps to docks, and/or walkways on the dock structure itself. Unless otherwise approved, walkways shall not be less than four feet wide and not more than six feet wide. Due to safety considerations, existing or approved walkways less than four feet wide or four feet or more above the water or ground surface shall have a standard 42-inch-high continuous and solid rigid handrail with an intermediate rail. Handrails may be on one side of the walkway and must be capable of withstanding loads of 200 lbs. applied in any direction at any point with a minimum of movement.

Walkways from shore to dock shall be no longer than needed to allow a water depth of four feet for moored vessels. Maximum walkway length is 75 feet. Floating docks shall have a minimum of eight feet of access walkway from the shoreline.

All walking surfaces associated with the dock shall be kept free of obstructions that could create a slipping or tripping hazard.

For the purpose of determining the dimensions of an attached flat dock, the four to six feet of approved walkway adjacent to the slip is not considered a portion of the attached flat dock.

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· Boat Dock Roofs & Sundecks. Roofs may be gabled (recommended) or flat and may overhang the dock up to 24 inches. Construction materials may include either wood and shingle, or metal. If a second level sundeck is constructed, it shall not have a roof and must be encircled on the outer edge by a standard, 42-inches-high continuous and solid rigid handrail with an intermediate rail.

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· Dock Storage Locker. Enclosed storage will be limited to the maximum dimensions of eight feet by four feet by three feet, or 96 cubic feet. The storage locker may not interfere with walking space. Storage is authorized for keeping of water related recreation equipment, not chemicals, paints, flammable liquids, batteries, etc.

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· Dock Furniture, Household Items, etc. Although dock facilities are permitted for the purpose of providing moorage for vessels, it is recognized that docks may be used for other leisure activities where furniture is desired. Permanently mounted chairs and/or benches are permitted on boat docks, however, such items may not impede safe access on the structure. Each item must leave a minimum of four feet of clear walkway on all sides.

Indoor furniture or household type items that denote habitation (such as, but not limited to, couches, stoves, sinks, and refrigerators) are prohibited. Existing sinks installed prior to July 1990 may be "grandfathered" until a major repair is needed or the dock structure is either modified or replace. Decorative items, house and garden plants, ornamental lights, and other similar items are prohibited on dock facilities and project lands/waters. Neither land based boathouses nor shelters may be used for storing items not related to recreational use of lake.

Diving boards, slides or other playground type equipment are not permitted on docks.

· Boat Hoists. Regulatory guidance from the Mobile District Office on the use of boat hoists dated August 13, 1987, states that boat hoists may be permitted if the hoist lifts its load independently with no additional stress to the dock, or if documentation is provided by a certified professional engineer that the dock and hoist mechanism are specifically designed to support the additional weight of the specific boat to be hoisted. Hoists previously certified will not require recertification at renewal unless the hoist mechanism or the support structure has been modified, replaced or is in need of major repair. The applicant will be required to submit a statement verifying the initial certification and that no changes or alterations have been made. Recertification is required when reassignment is due to a change of ownership. See Exhibit V for the boat hoist certification form.

Since the Mobile District did not have specific regulatory guidance in effect prior to August 13, 1987, and certification by professional engineers is not probable for many older structures on Lake Seminole, the current policy is to grant "grandfathered" status to hoists installed prior to this date. This status will remain in effect unless the hoist is in a state of major disrepair, it creates a safety hazard, or it is no longer functional.

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· Courtesy/Community Docks. A courtesy/community dock is defined as a flat/T-dock not to exceed 192 square feet for courtesy mooring only. Property owners of a specific subdivision may establish a homeowners association for the purpose of obtaining a permit/license of jointly owned courtesy/community facilities. Common access to project lands/waters from the subdivision must exist. A copy of the recorded deed and plat must be submitted to show the common access. Applications must include a copy of the homeowners association agreement with names and addresses of each member. One or more members will be listed as the surveillance party on the application to be available for short-notice call. Normally only one dock may be permitted per association within the subdivision. Requests for additional docks may be permitted if justified on a case by case basis. Applications for courtesy/community docks are subject to the same general access and site requirements as Shoreline Use Permits/Licenses.

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Landbased Facility Requirements. Proposed landbased activities will be considered on public property between the common boundary which is shared by the project and the adjacent landowner and the shoreline. Cross-over of adjacent neighboring facilities will not be approved. See page 7 for information on the "grandfather" status.

· Electrical Service. Corps and National Electric Code (NEC) requirements for installation of electric service on project lands and waters at Lake Seminole was initially adopted on October 1989. Exhibit VI reflects current requirements which have only minor changes to the 1989 requirements. All new installations must meet or exceed the current requirements.

Regardless of age, condition, or "grandfather" status, all electrical service must be certified by a state licensed electrician to both meet the NEC and have ground fault interruption(GFI) protection. Electrical service extended to the dock including, any receptacles on public property, must have ground fault protection as described in Exhibit VI. If the installation has been certified and documentation submitted to the Resource Management Office as part of the permitting requirements, recertification is not necessary at the time of permit renewal unless there are changes or alterations made to the service subsequent to the initial certification or if major repair is needed. The applicant will be required to submit a statement verifying the initial certification and that no changes or alterations have been made to the electric service. Recertification is required at the point of reassignment due to a change in ownership.

Permits for overhead or underground electrical service originally issued prior to October 1989 and are subject to renewal or reassignment will be "grandfathered" if no major repairs are needed, the installation is certified by a state licensed electrician as meeting the NEC with only minor repair, and the service has GFI protection. Major repair is apparent when multiple repairs are necessary and the facility does not meet the NEC. Minor repair is needed when the service requires little effort to meet NEC.

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· Waterlines & Pumps. Waterlines not to exceed two inches in diameter may be installed underground to deliver either fresh water, raw water or both. All waterlines must be attached to the dock/ramp and may not be submerged. The intake line must be submerged from the dock. Water faucets may be placed on the land and/or dock and should be low profile and inconspicuous.

Temporary waterlines and pumps may be authorized by a Specified Acts Permit for short periods of time. Requests will be considered on a case by case basis.

Pumps associated with waterlines must be electric, may not exceed two horsepower and must be installed on the dock or adjacent private land. Neither the pump or any electric component is to be submerged.

New landbased pumphouses will not be authorized. Removal of existing pumphouses will be required if the well is abandoned, it is inoperative, or its structure needs major repair.

· Other Utilities. Telephone lines, jacks, intercoms, etc., may be authorized for use on the dock structure. Telephone lines must be installed in the same trench as the electrical line. The use of cordless phones is encouraged.

· Improved Access. Improved access is defined as the installation of wooden steps and/or walkway to provide normal safe access to the shoreline on public property. Improved access is needed when steep slopes or consistently wet areas make it unsafe to walk to the shoreline by using a natural pathway. Submittal and approval of plans will be required before work begins. Exhibit VII illustrates standards for improved access.

All steps/walkways must be at the natural contour or ground level. They shall be constructed of 8-inch by 8-inch crossties, or pressure treated wood material, without borders. If backfilling is required, wood chips or similar mulch will be used. Steps/walkways may not exceed four feet in width. Handrails will not be permitted unless the steepness of the slope or unique physical needs requires their use.

Footbridges and platform type steps are discouraged, but may be authorized if existing conditions warrant their use for safety reasons.

To insure safe access to a dock facility from the shoreline edge, a minimum number of steps, determined on a case by case basis, may be permitted with no administrative fees charged. However, one or more steps extending landward from those necessary for safe access will require a separate charge.

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· Bank Stabilization. Bank stabilization is defined as minor shoreline protection necessary to prevent erosion by using vegetative planting techniques, installing rip-rap material, or constructing retaining walls. Permits may be authorized by the Resource Manager for bank stabilization as defined under the Nationwide Permit Program, Title 33, Code of Federal Regulations, part 330. Plans for bank stabilization must be submitted and approved prior to commencement. For requirements and illustrations, see Exhibit VIII.

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Facility Maintenance. All permitted facilities must be used and maintained by the permittee in a safe condition at all times. Unsafe conditions shall be corrected immediately. If deficiencies are not corrected, the owner may be required to remove the facility at his/her expense.

· Minor Repair. Minor repair does not require replacement or removal of the facility from the project. Using the facility without maintenance is not life threatening and the it can be repaired with minimal effort.

· Major Repair. Major repair normally requires removal of the facility from the project. Using the facility without maintenance is life threatening and it usually has structural damage. If the facility was "grandfathered," authorization for a new facility will be permitted under the current standards.

Vegetative Modification. A healthy, uneven aged forest capable of supporting recreational use and adequate understory vegetation for forest regeneration is essential to the water quality and natural beauty of Lake Seminole. Public Law 86-717, Forest Conservation Act, requires that "reservoir areas owned in fee under the jurisdiction of the Secretary of the Army and Chief of Engineers be developed and maintained so as to encourage, promote, and assure fully adequate and dependable future resources of readily available timber through sustained yield programs, reforestation, and accepted conservation practices." These are the management objectives of the vegetative modification plan at Lake Seminole. Adjacent landowners are encouraged to assist the Resource Management Office in maintaining the natural environment and abundant resources of the project.

To be eligible for a vegetative modification permit, Shoreline Use Permit/License requirements as described on page 6 must be met. Vegetative modification includes, but is not limited to, cutting, pruning, chemical manipulation, removal, or planting of vegetation. New permit requests on public lands owned in fee simple by the Corps of Engineers are subject to current policy and regulation. See page 7 for information on the "grandfather" status.

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· Limited Underbrushing. The purpose of limited underbrushing is to provide safe access to the shoreline with minimal alteration to the existing vegetation. Permits are not issued to create vistas, for speculative purposes, etc. Limited underbrushing is defined as selective removal of shrubs, brush, vines, or small trees three inches or less in diameter at the ground level, and periodic maintenance removal of regrowth. Spacing between trees will not exceed 15 feet. No native "ornamentals" such as dogwood, magnolia, etc., may be removed unless specified in the permit. The area to be modified is limited to 50% of the common boundary frontage not to exceed 50 feet in width. Additional underbrushing may be authorized up to 30 feet from a dwelling on private property near the property line for safety purposes. Low hanging limbs within underbrushed areas may be pruned up to one third of the tree's height or to 10 feet high, whichever is less. Leaf litter is essential to erosion control and soil moisture conservation, therefore removal of mulch is not permitted. Hand tools, including power hand tools, may be used to accomplish the underbrushing. Underbrushed areas will not be mowed. Vegetative matter resulting from authorized modifications may be removed or left in place to decompose. Burning is not permitted on public property. Removal of noxious plants, such as poison ivy, kudzu, etc., by herbicides may be authorized. Such use must comply with all current state and federal regulations.

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· Vegetative Planting. Permittees may plant up to six native species annually without prior approval, provided they are located in a random fashion, native to the site, and would not negatively affect the surrounding resource. Larger scale requests for planting will require approval prior to commencement. Non-native or exotic species may not be planted on public land. Existing non-native species should be removed from public property. Flower or vegetable gardens are not authorized. See Exhibit IX for a list of vegetation native to the Lake Seminole area. The Corps may be able to support replanting activity conditional to fiscal limits and work priorities.

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· Permit Authorization. As with any activity on public property, vegetative modification must be authorized by the Resource Manager and an approved permit received by the applicant prior to commencement of the work. The permit process will be initiated through an on-site meeting with a park ranger to develop a proposed vegetative modification plan and to identify where underbrushing can be authorized. Applicants may be required to submit a site plan drawing (8 ½" x 11"), showing the relationship of the proposed activity to the common boundary and the shoreline. A permit does not convey private exclusive use privileges, and public property is open for use by the general public.

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Shoreline Management Violations. Rules and regulations governing the shoreline management program are enforced through Title 36, part 327, Code of Federal Regulations. Violations will require corrective action and may constitute revocation or modification of permit privileges, payment of collateral forfeiture, mandatory appearance before a U.S. magistrate or stronger enforcement action. Generally, violations are noted and addressed when facilities/activities are inspected prior to either renewing the permit or reassigning the permit to a new owner. However, violations may be noted during routine inspections of the shoreline and addressed at any time. Existing violations not yet identified will be noted and addressed as manpower and work priorities allow.

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Specified Acts Permits

The Specified Acts Permit is a non-fee, short term permit issued for a specified one-time act for minor activities on project lands/waters. The permit will detail the authorized work including methods to be employed; types of equipment to be used; and time frames for completing, locating and restoring public land. Drawings, plans, or photographs may be required to process the permit. Specified Acts Permits are not issued for activities that will damage, destroy, or significantly alter public lands or features. Each request will be reviewed based on current environmental laws and regulations. The Specified Acts Permit form is illustrated in Exhibit XI.

Dredging/Silt Removal. As described under Permits on page 5, requests for initial or maintenance dredging on Lake Seminole may be approved provided conditions of the regional permit and the Shoreline Management Plan are met. Requests for initial dredging of less than 500 cubic yards of material or maintenance dredging of less than 300 cubic yards of material will be considered in shoreline areas allocated as limited development to improve navigation to an existing dock structure or boat ramp. All work must be performed within that portion of the waterway adjacent to the applicant's property. "Piecemeal" dredging activities are specifically excluded from this authorization. The activity must be a single and complete project. Initial dredging shall result in a depth of no greater than the approved design depths and in no case shall the water's depth, at normal pool elevation (77.5 MSL), exceed six feet. Maintenance dredging shall follow the same criteria except that in no case will it exceed the authorized initial dredged depth. The dredged material shall not be placed on Corps managed lands (easement or fee). The dredged material shall be deposited in an upland area and properly confined in such a manner that the sediment will not re-enter the waterway or interfere with natural drainage. Cultural resource surveys would be required of the upland disposal areas if the appropriate State Historic Preservation Officer (SHPO) (Georgia or Florida) determines that there may be a cultural resource concern for a particular project site. See Exhibit XII for Provisions for Dredging/Silt Removal.

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Erosion Control. Permission may be granted to undertake activities which will prevent or correct erosion problems affecting project lands/waters. These activities may include vegetative plantings, installation of water breaks along pathways, placement of rocks to curtail rainwater runoff, or bank stabilization measures as described on page 13.

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Hazardous Trees. Dead trees play an important role within the natural element by providing habitat for wildlife. However, if the location of a dead tree endangers life or property, a permit may be issued to the adjacent landowner to cut and/or remove the tree from public property.

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Fire Protection. In order to provide a reasonable degree of fire safety, permission may be granted to underbrush up to 30 feet in areas where private dwellings are built near the government property line.

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Pathways. Pathways up to six feet in width may be authorized to provide access to the shoreline. Pathways will follow a meandering route in order to prevent erosion, avoid the need for reducing vegetative cover, prevent the construction of improved steps/walkways, and provide for a more natural appearance. Wood chips or other forest litter may be used for an impact material. Erosion problems derived from the creation and use of a pathway should be corrected by methods described on page 16 under Erosion Control. Pathways shall not be bordered with timbers, rocks, or other similar materials.

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Other Activities. Other activities authorized by the Specified Acts Permit may include, but are not limited to, installation of wildlife structures, or control of land based noxious plant growth such as poison ivy.

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Boundary Management & Encroachment Resolution

The Lake Seminole project was surveyed and monumented during the early 1950's with subsequent boundary line adjustments following a revestment program in the late 1950's and early 1960's. The boundary line does not uniformly follow a specific contour, but consist of straight lines between surveyed points. It is maintained in accordance with standard survey techniques currently used by licensed surveyors. The boundary line is marked by placement of monuments in the ground and "witnessed" by red paint on trees. The witness trees marked in red do not represent the exact boundary line, but simply indicate that the line is nearby. In cases where trees are not available for marking, signage is installed. Boundary line markings are illustrated in Exhibit XIII. Since the boundary line is a common boundary between the Corps and the adjacent landowner, both parties assume responsibility for the line. The Corps, however, does not assume responsibility for identifying the line upon request. The Corps recommends that private surveys be obtained by using a licensed surveyor prior to purchase of property adjacent to government land. If discrepancies with the boundary line are identified, contact the Resource Management Office to pursue resolution. The alteration of any kind to monuments or other government boundary line markings is a violation of Title 36, Code of Federal Regulations, Part 327.

Items placed on public property longer than 24 hours which are not authorized by a permit are considered encroachments. Such items are subject to removal at the owner's expense. If impounded and unclaimed, these items ultimately will be disposed. Encroachments are generally classified as either minor or major.

Minor Encroachments. Minor encroachments generally consist of portable items such as, but not limited to, picnic tables, outdoor furniture, parked vehicles, firewood, lumber, etc.

Major Encroachments. Major encroachments are more substantial in nature and may require civil action to effect removal. These items generally include decks, portions of structures, fences, and septic systems. Alternatives to litigation may be possible if the encroachment was inadvertently placed on public property prior to the Corps marking the boundary line on the ground and the encroachment is an intricate portion of a residence as opposed to a porch, deck, steps, etc. Curative options could include removal, land disposal, or exchange.

Adjacent landowners are encouraged to build structures a distance sufficiently away from the boundary line to allow maintaining the structure and to reduce the possibility of subsequent encroachments when adding decks, steps, porches, patios, etc. Deed restrictions and county ordinances should be checked to determine if set back requirements exist. Prudence should be exercised to insure that structures and related items do not extend over or onto public property.

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Easements

In addition to lands purchased in fee title, the United States (Corps of Engineers) purchased easements on some portions of private land surrounding Lake Seminole. The most common easements in place give the United States Government the right to either perpetually or occasionally overflow, flood, and submerge properties which lie within certain mean sea level elevations. Other types of easements do exist and landowners around Lake Seminole are encouraged to investigate easement conditions which encumber private property before purchasing and beginning construction. Information on easements is available at the Resource Management Office.

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Natural Resources Management

Management of all natural resources is integrated with other project activities within a multiple use concept. The Lake Seminole Resource Management Staff will initiate progressive natural resource programs wherever feasible to maintain the project in a productive state.

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Aquatic Plant Management. It is the policy of the Resource Manager at Lake Seminole to manage aquatic plant communities in ways that protect project purposes and benefits. The goal, therefore, is to provide an environment which favors native aquatic plant species and controls problem exotic species. To accomplish this goal, it is necessary to reduce exotic species to background, or non﷓problematic levels, eventually returning the aquatic plant community to one dominated by desirable native species. Biological control agents are the preferred method of accomplishing this goal. Specific objectives of the Lake Seminole Aquatic Plant Management Program include:

· to maintain control of, and to eventually eliminate, any intrusion of aquatic plants on
the river navigation channels
· to maintain control of mats of aquatic plants at the intakes of the power generating
facility
· to control aquatic growth that prevents or limits public use
· to clear and maintain areas on the lake used for official Corps operations purposes
· to clear and maintain small boat channels
· to stop the further spread of undesirable aquatic growth, thus preventing further
reduction of open surface acreage
· to evaluate and investigate emerging techniques and control agents, and integrate them
into the program as appropriate to accomplish other stated objectives and goals

As stated on page 17, permits to apply EPA approved herbicides for use in the water around private facilities may be obtained by contacting the Resource Management Office.

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Forest Management. Public Law 86-717, as described on page 14, guides all land management objectives at Lake Seminole. The program gives emphasis to the enhancement of wildlife habitat and the development of natural, native forest ecotypes. Harvesting of timber will be designed to further these goals.

Wildlife Management. Populations of both game and non-game wildlife species are present throughout the Lake Seminole project. Hunting areas located on Lake Seminole consist of all Corps managed lands that are not expressly closed to hunting. Examples of areas closed to hunting are developed recreation areas, marinas, operations areas, areas immediately adjacent to subdivisions, and other high-use areas. When hunting activities, caution must be greatly exercised while immediately adjacent to the above named areas.

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Fisheries Management. Lake Seminole contains a variety of fish species which are classified in one of three categories: game, commercial, and others. There have been 79 species of fish identified which are a significant part of the lake ecology. Both fisheries and wildlife are managed by the respective states.

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Water Quality. Water quality in Lake Seminole has a direct bearing on all facets of lake management. The goal is to promote water quality adequate for safe and healthful public use and of a quality to enhance desirable aquatic life.

The Resource Management Staff complies with all applicable federal and state water quality laws, regulations, and standards as they relate to Lake Seminole. Uniformed Corps personnel are authorized to enforce provisions of Title 36, CFR, part 327.9 which prohibits the discharge of pollutants into project water or onto project land.

The States of Georgia and Florida have the authority and responsibility to enforce state water quality laws. The states are also authorized by the Environmental Protection Agency to enforce the Federal Clean Water Act.

Endangered Species. The Endangered Species Act of 1973, as amended states in part, "all Federal departments and agencies shall seek to conserve endangered and threatened species and shall utilize their authorities in furtherance of the purposes of this Act." The goal of the Lake Seminole Resource Management Staff is to provide protection and special habitat management for federally listed endangered and threatened plant and animal species identified on the project. No permits will be issued that conflict with the enhancement or preservation of the habitat of endangered and/or a threatened plant and animal species. Any permit issued in violation of the Endangered Species Act, either past or present, will be modified or rescinded. For a list of endangered species known to exist or range in the proximity of Lake Seminole at the date of this plan, see Exhibit X.

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Wetlands. Executive Orders 11988, Floodplain Management, and 11990, Protection of Wetlands, address the actions Federal agencies must take to:

· identify and protect wetlands and floodplains.
· minimize the risk of flood loss and destruction of wetlands.
· preserve and enhance the natural and beneficial values of both floodplains and wetlands.

Wetland areas may occur both above and below 77.5 feet MSL (normal pool elevation). Activities in these areas could significantly impact the natural ecosystem and may be prohibited. Contact the Resource Management Office for information on jurisdiction and delineation of wetlands.

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Cultural/Historical/Archaeological Resources

The National Historic Preservation Act of 1966, the Archaeological and Historic Preservation Act of 1974 and the Archaeological Resources Protection Act of 1979 were enacted by Congress mandating that federal agencies protect cultural, historical, and archaeological sites and to provide for proper recovery of site data if warranted. If determined that a previously issued permit infringes upon or impacts one of these sites, the permit may be rescinded. Permits will not be issued in areas determined to have cultural, historical or archaeological significance. The use of metal detectors or other land-based electronic or nonelectronic detection devices are prohibited except by written permission from the Resource Management Office.

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Administrative Review

In order to resolve situations relative to permit issues not specifically addressed in this Shoreline Management Plan, an administrative review will be conducted by the Resource Management Office. Determinations will be made based on current public laws, policies, and other regulatory guidance and standard practices at other similar projects.

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Conclusions

The U.S. Army Corps of Engineers is charged to protect and manage the Lake Seminole project within its scope of authority while providing recreational opportunities for the entire public. It is the intent of this Shoreline Management Plan to provide the maximum benefit to the public within the physical limitations of the project. This intent must be balanced within the authorized purposes of the project and existing operations. Both present and future needs were considered during the formulation of this plan. The Resource Management Office will continue to monitor the needs of project users and recommend revisions to minimize conflicts between various interests. Recommendations for revisions or other minor changes may be forwarded through the Lake Seminole Citizens Advisory Committee or mailed directly to the Resource Management Office. As outlined by regulation, this plan will be evaluated for major revision as needed—or at least every five years. The Resource Management Staff at Lake Seminole appreciates all efforts and work conducted by the Advisory Committee, committee work groups, and members of the public who participated in this process for the development of a plan which best meets the needs of the public and our natural resources.

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References Cited

American Society for Testing and Materials
1993 Annual Book of ASTM Standards. ASTM, Philadelphia, PA.

Executive Order
1977 E.O. 11988, Floodplain Management.

Executive Order
1977 E.O. 11990, Protection of Wetlands.

Federal Register
1994 Code of Federal Regulations, Title 33 "Navigation and Navigable Waters," Chapter II, "Corps of Engineers, Department of the Army," Part 330 "Nationwide Permit Program."

Federal Register
1994 Code of Federal Regulations, Title 36 "Parks, Forests, and Public Property," Chapter III, "Corps of Engineers, Department of the Army," Part 327 "Rules and Regulations Governing Public Use of Water Resources Projects Administered by the Chief of Engineers."

Federal Register
1994 Code of Federal Regulations, Title 36 "Parks, Forests, and Public Property," Chapter III,"Corps of Engineers, Department of the Army," Part 327.9 "Sanitation".

National Fire Protection Association
1992 National Electrical Code 1993. NFPA, Quincy, MA.

Public Law
1899 Rivers and Harbors Act of 1899, Section 10. (33 USC 403)

Public Law
1946 P.L. 79-525, Rivers and Harbors Act of 1946.

Public Law
1960 P.L 86﷓717, Forest Conservation Act.

Public Law
1966 P.L. 89-655, National Historic Preservation Act. (16 USC 470 et seq.)

Public Law
1973 P.L. 93-205, Endangered Species Act.

Public Law
1974 P.L. 93-291, Archeological and Historic Preservation Act. (16 USC 469-4690)

Public Law
1977 P.L. 95-217, Clean Water Act, Section 404. (33 USC 1344)

Public Law
1979 P.L. 96-95, Archeological Resources Protection Act. (16 USC 470aa-490mm)

Public Law
1986 P.L. 99﷓662, Water Resources Development Act of 1986, Section 1134(d).

Public Law
1990 P.L. 101-601, Native American Graves Protection and Repatriation Act.
(25 USC 3001-3013)

U. S. Army Corps of Engineers, Engineering Regulation
1992 ER 1130-2-406, Shoreline Management at Civil Works Projects.
(as per change 1)

U. S. Army Corps of Engineers, Engineering Regulation
1985 ER 405﷓1﷓12, Real Estate Handbook.

U. S. Army Corps of Engineers, Mobile District Report
1979 Lakeshore Management Plan, Lake Seminole.

U. S. Army Corps of Engineers, Mobile District Report
1989 Master Plan for Lake Seminole.

U. S. Army Corps of Engineers, Savannah District/Jacksonville District
1993 Joint Regional Permits SAV/SAJ 199101113; 199101114; 199101115; 199101116; and 199101117, Regulatory Permits for Minor Work and Structures Within the Limits of Lake Seminole, Georgia and Florida

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Other Pertinent References

Federal Register
1994 Code of Federal Regulations, Title 33 "Navigation and Navigable Waters," Chapter II "Corps of Engineers, Department of the Army."

Public Law
1972 P.L. 92-500, Federal Water Pollution Control Act Amendments of 1992.

U. S. Army Corps of Engineers, Engineering Regulation
1986 ER 1130-2-400, Management of Natural Resources and Outdoor Recreation at Civil Works Water Resource Projects.

U. S. Army Corps of Engineers, Mobile District Operations Manual
1987 SAMOM 1130-2-2, Permitting Procedures for Private Floating Docks.

U. S. Army Corps of Engineers, South Atlantic Division Regulation
1972 SADvR 1130-2-12, Construction of Boat Launching Ramps by Non-Government Groups.

U. S. Army Corps of Engineers, South Atlantic Division Regulation
1985 SADvR 1130-2-14, Use of Lakeshore Land and Water Areas for Private Purposes.