1. PURPOSE.
This plan has been developed to provide guidance and information to the public specific to the effective management of the shoreline at John H. Kerr Reservoir. The types of private uses which may be permitted on the shoreline are described within the plan. Additionally, the plan addresses the shoreline allocations, rules, regulations and other information relative to the John H. Kerr Shoreline Management Program.
2. POLICY.
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 in a manner which will promote the safe and healthful use of these shorelines by the public while maintaining environmental safeguards to ensure a quality resource for use by the public. Public pedestrian access to and exit from these shorelines shall be preserved. For projects or portions of projects where Federal real estate interest is limited to easement title only, management actions will be appropriate within the limits of the estate acquired.
In accordance with Engineer Regulation (ER) 1130-2-406, shoreline management plans will be reviewed at least once every five years and revised as necessary. When approved, this plan will become part of the John H. Kerr Reservoir Operational Management Plan. Shoreline management plans and permits are subject to all applicable laws referenced herein and amendments to regulations which may alter policy and implementation of the plan.
The primary objective of this plan is to define policies and regulations pertaining to the shoreline of John H. Kerr Reservoir. This objective includes maintenance of the aesthetic and environmental characteristics of the reservoir for the full benefit of the general public. All management actions will seek to achieve a balance between permitted private uses and protection of natural and cultural resources for use by the general public.
4. AUTHORITY.
This plan was prepared in accordance with the requirements of ER 1130-2-406 dated 31 October 1990, and titled " Shoreline Management at Civil Works Projects" . References include:
a. Section 4, 1944 Flood Control Act, as amended (16 USC 460d).
b. The Rivers and Harbors Act of 1894, as amended and supplemented (33 USC 1).
c. Section 10, River and Harbor Act of 1899 (33 USC 403).
d. National Historic Preservation Act of 1966 (P.L. 89-665 80 Stat. 915) as amended (16 USC 470 et seq.).
e. The National Environmental Policy Act of 1969 (42 USC 4321, et seq.).
f. The Clean Water Act (33 USC 1344, et seq.).
g. The Water Resources Development Act of 1986 (P.L. 99-662).
h. Title 36, Chapter III, Part 327, Code of Federal Regulations, " Rules and Regulations Governing Public Use of Water Resources Development Projects Administered by the Chief of Engineers."
i. Executive Order 12088 (13 Oct 78).
j. 33 CFR 320-330, " Regulatory Programs of the Corps of Engineers" .
k. ER 1130-2-400, " Management of Natural Resources and Outdoor Recreation at Civil Works Water Resource Projects" .
l. EM 385-1-1, " Safety and Health Requirements Manual" .
m. ER 1130-2-435, " Project Operations, Preparation of Project Master Plans (30 Dec. 1987)" .
n. ER 1130-2-438, " Historic Preservation Program" .
o. Executive Order 11990, " Protection of Wetlands" .
p. " Endangered Species Act of 1973" , as amended.
q. Federal Insecticide, Fungicide, and Rodenticide Act of 1972 as amended (P.L. 92-516).
r. SADvR 1130-2-14, Use of Shoreline and Water Areas for Minor Private Purposes.
s. Reservoir/Forest Cover Act of Sept. 6, 1960 (P.L. 86-717).
t. ER 405-1-12, Real Estate Handbook, as amended.