21. Erosion Control Activities.

        a. Shoreline Erosion. John H. Kerr Reservoir is subject to extreme shoreline bank erosion. Although it is not economically feasible to implement an extensive shoreline erosion control program, the Corps is interested in retarding erosion whenever possible. The Corps' first priority for its limited erosion control funds are the shorelines associated with developed recreation areas. However, if an adjacent landowner desires to perform erosion control work on government property, the Resource Manager may issue a cost free permit for the work. Normally, permits for this purpose will be issued only in shoreline areas zoned as Limited Development, but may be issued in other zoning areas if a need can be demonstrated. A listing of permit requirements are as follows:

            (1) All work must meet the specifications of the Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Protection activities must not exceed one cubic yd./linear ft. of fill and not exceed 500 linear feet of shoreline. Nationwide and regional permits may apply.

            (2) Riprap, if used, must be natural stone 6 to 12 inches in diameter and be clean of unnatural materials and building ruble. Riprap material should be placed on a filter cloth material or bedding stone as approved by the Resource Manager.

            (3) All vegetative planting or seeding must be of an approved species listed in Exhibit B-2. Other species may be used if approved by a state or federal resource/conservation agency. Grass planting for erosion control is not to be mowed unless located within a vegetation modification area.

            (4) Retaining walls for the purpose of stabilizing shoreline erosion may be approved if extenuating circumstances exist which prevent the use of other approved methods. Retaining walls require design certification by a state licensed civil or structural engineer experienced in retaining wall construction. In addition, review is required by appropriate District Corps offices.

        b. Trail Erosion. Trail erosion is generally caused by overuse of an area by either foot or vehicle traffic. When overuse of an access route to the shoreline is creating an erosion problem, use of the trail must cease. Another alternative is for the users to make application for an improved walkway. When vehicles utilizing authorized vehicle access trails are causing an erosion problem, portions of existing roads may be closed to protect soil erosion measures.

22. Activities Below Normal Pool Elevation (300 Ft. M.S.L.).

        a. Dredging below the normal lake elevation (300 Ft. M.S.L.) for the benefit of private exclusive use will not be permitted. Removal of deposited silt material will be considered on a case-by-case basis.

        b. Activities such as placing riprap and authorized fills in the navigable waters of the United States and the discharge of dredged or fill material into the waters of the United States may be authorized under conditions specified in permits issued pursuant to Section 10, Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344). A Department of the Army permit must be obtained under the above referenced statutes and proposed work must be reviewed for possible impacts on flood storage. Contact the Management Center for application procedures.

        c. Dredging, filling, or permanent construction on easement or fee lands requires a written consent from the Corps of Engineers and consultation with the appropriate Corps Regulatory Field Office (See Section 8(c)).

23. Boundary Line and Encroachments.

        a. The boundary line at John H. Kerr Reservoir has been established and marked by the Corps of Engineers in accordance with standard survey techniques. The boundary line is marked utilizing a series of orange painted hacks and blazes on line and witness trees (See Exhibit F, Page 44). In open areas where the distance between corners is such that the monuments or pins are not visible, boundary line posts are used by the Corps of Engineers to witness the line. Whenever possible, witness posts with appropriate identification will be placed near existing corner pins. These pins and posts should not be moved or destroyed.

        b. The Corps of Engineers regularly repaints the boundary line. This insures that the existing boundary line is not lost due to development or natural causes. If a private need arises for the exact location of the common government/private property line, the adjacent property owner (at their expense) must utilize a licensed surveyor. The Corps of Engineers will provide information to surveyors or property owners which might assist in the location of boundary lines and property corners. This information is kept at the Management Center. Any discrepancies identified by the survey should be resolved with the Resource Manager.

        c. Any activities, other than public recreational activities or pedestrian access, which is not covered by a Shoreline Use Permit/License may be considered an encroachment or degradation of public property. These unauthorized activities are considered violations of the Rules and Regulations contained in Title 36, Chapter III, Part 327, Code of Federal Regulations. Examples of such violations may include but are not limited to: unauthorized motorized vehicle operation, development of roads, removal of or placement of debris-fill dirt, placement of dog pens, swings, patios, decks, steps, buildings, storage of equipment or vehicles, burning, tree and vegetation cutting, and grading of landforms. Violations of this nature will result in removal, restitution, and/or issuance of a citation requiring the payment of a fine and/or the appearance before a Federal Magistrate.

24. Conclusion.

        a. It is the intent of the John H. Kerr Reservoir Shoreline Management Plan to provide optimum recreational benefits to the public while at the same time preserve and sustain the natural environmental qualities of the reservoir. As presented, the Plan is and will continue to be a flexible and working document. Periodically, shoreline allocations are adjusted, as necessary.

        b. Natural Resources Management personnel at John H. Kerr Reservoir will continually monitor the needs of the lake's recreational users and recommend revisions to minimize conflicts between various interests. Minor changes in the Plan will be approved by the District Engineer. In advance of recommending any major revisions to this plan, an additional public comment period and/or public meetings will be held as required by ER 1130-2-406. Subsequently, the plan will periodically be reevaluated, revised, and submitted to higher authority for approval.

        c. John H. Kerr Reservoir Resources Management personnel are available to address any questions concerning the Shoreline Management Plan and its policies. The John H. Kerr Resource Management Center is located one-half mile west of John H. Kerr Dam on Virginia State Road 678 and contains displays depicting on a larger scale the shoreline allocation areas as described in the Plan. Further information concerning the Shoreline Management program is available at the Management Center or by calling (434) 736-6143 or 738-6144.