PROJECT OPERATION SHORELINE MANAGEMENT PLAN FOR

PROJECT OPERATION

SHORELINE MANAGEMENT PLAN

FOR HARTWELL LAKE

GEORGIA AND SOUTH CAROLINA

NOVEMBER 2020

DISTRICT PAMPHLET

NO.1130-2-18

TABLE OF CONTENTS

Paragraph Title Page

1. Purpose 1

2. General Objectives 1

3. Authority 1

4. Proprietary Jurisdiction 1

5. Project Description and History 1

6. Public Involvement 2

7. Private Boat Dock Carrying Capacity Study – Not Applicable 2

8. Shoreline Allocations 2

a. Limited Development Areas (LDA) 3

b. Protected Shoreline Areas 3

c. Public Recreation Areas 3

d. Prohibited Access Areas 3

9. Shoreline Use Permits (SUPs)/Licenses 3

a. Shoreline Use Permits (SUPs) 4

b. Licenses 4

10. Private Individual Docks 5

a. Eligibility Requirements 5

b. Access Requirements 5

c. Location 5

d. Spacing 6

e. Water Depth 6

f. Standards for Docks 7

g. Gangwalks 8

h. Flotation 8

i. Size Limitations 8

j. Dock Roof and Sundecks 8

k. Storage Compartments/Attachments 8

l. Materials 9

m. Anchorage 9

11. Community Docks 9

a. Eligibility Requirements 9

b. Access Requirements 10

c. Dock Size and Location 10

d. Spacing 10

e. Design 10

f. Underbrushing 10

12. Mooring Buoys 11

13. Underbrushing 11

a. Underbrushing Limits 11

b. Approved Methods of Vegetation Removal 12

c. Burning on Public Lands 12

d. Planting on Public Lands 12

e. Open Areas Defined 12

f. Reclaiming Open Areas 12

g. Plantings Under Previous SMPs 12

h. Other Open Areas 13

14. Rights-of-Way 13

a. Electrical Service 13

b. Waterlines and pumps 14

c. Improved Walkways 14

d. Erosion Control 15

15. Prior Commitments/Public Law 15

a. Prior Commitments 15

b. Public Law 16

c. Roads, Ramps, Turnarounds, and Other Facilities 16

16. Facility Maintenance 16

17. Specified Acts/Department of Army Permits 17

a. Specified Acts Permits 17

b. Department of Army Permits 17

18. Shoreline Tie-Up 18

19. Easements 18

20. Boundary Line and Encroachments 18

a. Boundary Line 18

b. Encroachments 18

21. Special Considerations 19

22. Shoreline Management Violations 19

23. Administrative Review and Appeal 19

24. Natural Resource Management 19

25. Cultural Resource Management 20

26. References 20

PROJECT OPERATION

SHORELINE MANAGEMENT PLAN

FOR HARTWELL LAKE

GEORGIA AND SOUTH CAROLINA

NOVEMBER 2020

Exhibits

I. Shoreline Use Permit Conditions

II. Department of the Army License

III. 90-Degree Projection Examples

IV. Projection Documentation Criteria/Examples

V. Dock Length Restrictions Examples

VI. Community Dock Association Agreement

VII. Community Development Example

VIII. The Value of Shoreline Vegetation

IX. Approved Native Plant List

X. Power Pole Certification Form

XI. Wiring Diagram Form

XII. Improved Walkway

XIII. Hartwell Project Boundary Line Information

iii

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1. Purpose. This Hartwell Lake Shoreline Management Plan (SMP) provides guidance

and information regarding the management of the Hartwell Lake shoreline by the U.S.

Army Corps of Engineers (USACE). This SMP supersedes the prior SMP dated

January 1, 2007. In this SMP, the term “shoreline” refers to all public lands located

between private property and 660 feet Mean Sea Level (ft. MSL). This SMP describes

the types of private uses and activities that may be considered for approval on public

lands and water. The absence of a prohibition in this SMP for a private use within the

Hartwell Lake shoreline or on water does not equate to authority. Instead, any private

use and private activity on the shoreline or water must be specifically authorized.

Additionally, the SMP addresses shoreline allocations, rules, regulations, and other

information relevant to the Hartwell Lake Shoreline Management Program.

2. General Objectives. Management of all public lands at Hartwell Lake is necessary

to optimize recreational experiences for the maximum number of people, while assuring

compatibility among permitted private uses, general public use, and protection of lake

resources. Objectives of the SMP are to achieve a balance between general public use

and permitted private uses, while assuring long-term resource protection for everyone’s

enjoyment of lake benefits.

3. Authority. This SMP is prepared and Hartwell Lake is managed in accordance

with the requirements of Title 36 of the Code of Federal Regulations, Part 327 (titled

“Rules and Regulations Governing Public Use of Water Resource Development

Projects Administered by the Chief of Engineers”) and particularly Section 327.30 (36

C.F.R. § 327.30), titled “Shoreline Management on Civil Works Projects,” and

Engineer Regulation (ER) 1130-2-406, titled “Shoreline Management at Civil Works

Projects,” dated October 31, 1990 as amended by change 1 on September 14, 1992,

and change 2 on May 28, 1999.

4. Proprietary Jurisdiction. The USACE has sole land ownership and jurisdiction to

administer this SMP and applicable Department of Defense, Department of the Army,

and USACE regulations at Hartwell Lake. However, federal, state, and local laws are

applicable to all Hartwell Lake lands and water. While the USACE does not have the

authority to enforce the laws and regulations of other federal, state, or local agencies

that apply to Hartwell lands and water, the USACE cooperates with these agencies in

their respective enforcement responsibilities specific to Hartwell lands and water.

5. Project Description and History.

a. Hartwell Lake is a large, multi-purpose reservoir that was constructed

between 1955-1963 on the Savannah, Tugaloo, and Seneca Rivers. Hartwell Lake is

one of the Southeast’s largest and most popular public recreation lakes with

approximately 56,000 acres of water and a shoreline of approximately 962 miles. Its

authorized purposes are flood control, water quality, water supply, hydroelectric power,

recreation, navigation, and fish/wildlife. The USACE Savannah District is responsible

for managing Hartwell Lake resources and maintaining a balance between the often-

competing demands on these resources.

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b. Preparation of the General Development Plan, later called the Land Use Plan,

was initiated in 1961 following impoundment of the Hartwell Reservoir. Development of

the Land Use Plan included inspection of the shoreline and selection of lands for public

recreation use. Lakeshore use permits were issued in accordance with the Land Use

Plan until 1974. A plan for the management of Hartwell Lake, to include shoreline

allocations and the permitting of private facilities and activities, has been in place since

the 1960s, though the plan names have changed (e.g., Land Use Plan, Lakeshore

Zoning Plan, Lakeshore Management Plan, and currently a Shoreline Management

Plan) and revisions have been made to shoreline allocations, authorized uses, and

processes as the Corps balances and optimizes public and private uses based on the

authorized purposes. This SMP replaces the 2007 SMP.

6. Public Involvement.

a. In March 2017, the USACE hosted three public workshops to collect

comments on the existing 2007 SMP. The workshops were held near the lake for easy

access and participation by the public in Anderson and Oconee Counties in South

Carolina and Hart County in Georgia. All congressional interests were notified of the

public meetings prior to the events. In addition, the USACE solicited comments on the

SMP via news releases, notices on the Hartwell Lake website, and the mailing of post

cards to existing Shoreline Use Permit (SUP)/license holders. USACE received

approximately 500 comments via email and mail during a 10-week public comment

period.

b. A draft SMP and Environmental Assessment were posted for public comment

for 30 days from April 15 – May 15, 2019. All comments were reviewed and considered

in this updated SMP.

7. Private Boat Dock Carrying Capacity Study- Not Applicable

8. Shoreline Allocations. To meet the objectives of the SMP, the USACE manages

(by SUP/real estate license), the type, number, and location of private facilities and

activities on public lands and water. To administer the shoreline management program

and ensure a proper balance between authorized purposes as well as public and private

uses, the Hartwell Lake shoreline was allocated into the four categories defined in

subparagraphs a-d below. A master map depicting shoreline allocations is available for

viewing at the Operations Project Manager’s Office and on-line at

https://go.usa.gov/xENA5. The allocations outlined below have been established and

firmly adhered to for many years. Public Recreation and Protected Shoreline

allocations must be preserved to maintain balance between public and private use, to

adequately manage for all authorized purposes, and to ensure continued manageability.

As demand for recreation areas increase, Public Recreation Areas will be available for

future recreation development. Some of these areas will remain undeveloped, providing

considerable value to Hartwell Lake for current users and future generations. These

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values include, but are not limited to, timber, wildlife, aesthetics, and natural areas for

general public uses such as hiking or picnicking.

Approximately 76 percent of Hartwell's 962 miles of shoreline is allocated as Limited

Development or Protected in which some type of SUPs can be issued (See Section 10,

Private Individual Docks, Section 13, Underbrushing). Hartwell Lake is near multiple

metropolitan areas. As a result, the Hartwell Lake Shoreline Management Program has

grown to be the largest within the USACE nationwide. With the potential to have

thousands more SUPs/licenses issued, it becomes even more important to maintain a

proper balance between public and private uses, while maintaining a high-quality

resource for future generations.

a. Limited Development Areas (LDA). Approximately 50 percent of the

shoreline is allocated under this category and is shown in green on allocation maps.

Private docks and certain land-based activities may be authorized in these areas,

provided other conditions outlined in this SMP are met.

b. Protected Shoreline Areas. Approximately 26 percent of the shoreline is

allocated under this category and is shown in yellow on allocation maps. Protected

Shoreline Areas reduce conflicts between public and private use and maintain or restore

aesthetics, fish and wildlife, cultural or other environmental values. Additionally,

shorelines subject to extensive public use are in this category. Docks, improved

walkways, and utility rights-of-way are prohibited in protected areas unless allowed as a

prior commitment or lawfully installed dock or appurtenant structure under Section

1134(d) of the Water Resources Development Act of 1986, Public Law 99-662 (see

Section 15, Prior Commitments/Public Law). A limited amount of underbrushing and

bank stabilization efforts can be considered in Protected Shoreline Areas and may be

authorized after a permit is issued.

c. Public Recreation Areas. Approximately 24 percent of the shoreline is

allocated under this category and is shown in red on allocation maps. These areas are

designated for Federal, state, and other similar public use, including commercial

concessions. No private use facilities or activities will be permitted within or near a

designated developed or undeveloped Public Recreation Area unless allowed as a prior

commitment or lawfully installed dock or appurtenant structure under Section 1134(d) of

the Water Resources Development Act of 1986, Public Law 99-662 (see Section 15,

Prior Commitments/Public Law).

d. Prohibited Access Areas. Less than 1 percent of the shoreline is allocated

under this category, which is shown in orange on allocation maps. Prohibited Access

Areas are those in which public boating and pedestrian access are not allowed or are

restricted for health, safety and/or security reasons. Private use facilities and activities

are not permitted within these areas.

9. Shoreline Use Permits (SUPs) and Licenses. Existing SUPs/licenses issued

under previous SMPs will continue to be honored for current owners (except as noted in

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Section 15.a., Prior Commitments) provided compliance with SUP/license conditions

are maintained. Provided compliance is maintained, a SUP/license may be eligible for

reassignment to a new owner upon change of ownership. A SUP/license must be

obtained prior to the installation/use of any facility and/or the implementation of any

action on land or water. This applies to the issuance of an initial SUP/license and the

reissuance of a SUP/license. Depending on the allocation of the relevant portion of the

shoreline and adjacent shorelines, a SUP/license may be considered for the following:

a boat dock, underbrushing, utility rights-of-way, improved walkway, and bank

stabilization. A SUP or a SUP/license is typically issued for a period of 5 years and

contains terms and conditions applicable to all SUPs or SUPs/license issued. Unique

circumstances and/or conditions may require special terms and conditions to be added

on the SUP or SUP/license. Applicable fees will be collected for specific

permitted/licensed facilities and activities prior to their issuance. The current fee

schedule is available at the Operations Project Manager's Office. A valid SUP

constitutes approval by the permittee for Government personnel on official business to

cross their private property to gain access to public property to conduct a compliance

inspection. Applications for a SUP/license on Hartwell Lake are approved or

disapproved by the Operations Project Manager. If a SUP is approved with supporting

facilities associated with the SUP, a license will be executed for the supporting facilities

by the Real Estate Contracting Officer based on compliance with terms and conditions

of the license, and state and federal laws. Requests for activities not specifically

addressed in this SMP will be reviewed by the Operations Project Manager prior to any

approval. An applicant may appeal a decision by submitting a written request for

appeal, through the Operations Project Manager to the District Commander.

a. Shoreline Use Permits (SUPs). SUPs are issued for boat docks and limited

underbrushing and are enforced in accordance with 36 C.F.R. § 327.30 and ER 1130-2-

406. Noncompliance with the terms and conditions of a SUP will be addressed as a

violation (See Section 22, Shoreline Management Violations). A list of general SUP

Conditions is included as Exhibit I, Shoreline Use Permit Conditions. Issuance of a

SUP does not convey any property rights or exclusive use rights to public land to the

permit holder. Permits cannot be transferred from one private party to another. New

and prospective adjacent property owners should contact the Operations Project

Manager's Office for information concerning permitting procedures. If the property in

question has facilities and activities authorized by a previous SUP, the new owner is

required to contact the Operations Project Manager's Office within 14 days of purchase

to apply for a new SUP. If no SUP is obtained, or if the SUP cannot be reissued, all

previously authorized facilities and activities must be removed.

b. Licenses. Licenses are real estate instruments administered by the

Savannah District Real Estate Division for improved walkways, utility rights-of-way, and

light poles. In accordance with ER 405-1-12 Real Estate Handbook, a license is

required for the construction, installation, operation, and maintenance of land-based

facilities, such as improved walkways, electrical lines, potable and non-potable water

lines, dock gang walks, and dock anchors. Real Estate licenses are not transferable,

are issued to persons having a need to cross or use USACE property for a particular

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purpose, and are revocable at will. Licenses may be issued concurrently with a SUP or

as a stand-alone document. When a license is issued concurrently with a SUP,

revocation of a SUP will be required when the associated license for land-based support

facilities is revoked. In such instances, all improvements must be removed from public

land and the property restored. A license template with conditions is included as Exhibit

II, Department of the Army License. The template language is subject to periodic

updates or revisions, as necessary.

10. Private Individual Docks. Docks are authorized for the purpose of mooring water

related recreational vessels. At no time will private docks be used for human habitation.

The requirements and physical characteristics below will be considered in final

decisions for private individual dock SUP/licenses. Utility rights-of-way and improved

walkways are considered supporting facilities for a dock and will only be licensed if a

dock is authorized. One private dock may be considered for each separate piece of

property that is described in a deed or plat that an individual owns adjacent to shoreline

allocated as LDA. If two plats/lots are combined and surveyed and recorded as one

plat/lot, the property qualifies for one SUP/license.

a. Eligibility Requirements. Authorization for a private individual boat dock

requires a SUP for the floating facility and a license for the boat dock anchorage and if

applicable, supporting facilities. Applicants for a SUP/license must own private property

adjacent to public land in fee simple and provide a recorded deed and recorded plat,

prepared by a registered surveyor, for the adjacent private property. Public roads do

not constitute legal access and cannot be used as access when applying for a

SUP/license. However, in situations where a public road is between adjacent private

property and public land, the owner would be considered an adjacent landowner to

public land. If a SUP is issued based on a deed and plat that is later found to be

inaccurate or misleading, that SUP may be canceled. If one structure (house, other

dwelling, garage, etc.) or other supporting feature (swimming pool, porch, etc.) occupies

more than one identified piece of property, the properties together will be considered

one lot and must meet the criteria for consideration of one SUP/license. In the event a

structure/feature is built across separate properties for which a SUP or SUPS/license

were issued prior to construction of the subject structure/feature, previous

SUPs/licenses, as necessary, will be canceled so only one SUP/license remains for the

subject property.

b. Access Requirements. To be considered for any facilities/activities, the

associated private property must share a common boundary with public property that is

classified as LDA for a minimum width of 75 feet.

c. Location. For the purpose of establishing the location of permitted private

individual docks, a 90-degree projection will be made from the outside corner pins (left

and right lot pins as you are looking at the water) to the lake (See Exhibit III, 90-Degree

Projection Examples). This is considered the primary frontage of a property or lot and

will be used to consider the placement of permitted/licensed facilities and activities. The

issuance of a SUP/license does not convey any property rights over public land nor

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prevent the use of the subject area by other adjacent landowners or the general public.

If the 90-degree projection bisects/crosses other frontage areas, previously permitted

areas, or private property before it reaches 660 ft. MSL, the property will not qualify for a

SUP. Prior to the issuance of any initial or re-issue SUP/license, applicants will be

required to submit a projection survey, completed by a registered surveyor to a scale of

1-inch equals 100 feet, along with copies of the deed and plat. The 90-degree

projection survey must show the 90-degree pins and the existing shoreline at 660 ft.

MSL. Point lots will split the projection as shown on Exhibit III, 90-Degree Projection

Examples. The surveyor will install projection pins (rebar stakes with caps) just above

660 ft. MSL.

(1) In most cases, docks will be placed within the primary frontage of a lot as

noted in the above paragraph in a location determined by a USACE Ranger. If site

conditions within the primary frontage are not conducive for a dock, including, but not

limited to, inadequate water depth, unusual land features, and spacing issues, the

property is non-dockable. However, if adjacent docks on either side of the lot in

question are offset, a new offset may be considered since all docks in the area are

located outside their primary frontage.

(2) Docks must be installed perpendicular to the shoreline. In locations

where two or more adjacent private properties qualify for placement of a dock in the

same area, but all docks would not meet the spacing requirement (i.e. small coves or

narrow lots), docks will be issued on a first-come, first-served basis. (See Exhibit IV,

Projection Documentation Criteria/Examples).

d. Spacing. The location of any new dock must provide at least 50 feet of

space between the proposed facility and all permitted facilities at normal pool elevation

(660 ft. MSL) to provide a buffer area for boat maneuverability, water level fluctuations,

and public safety. Additional space and/or length restrictions may be imposed due to

navigation concerns such as obstruction of channels, access to coves and/or access

to/use of existing docks (See Exhibit V, Dock Length Restrictions Examples). Mooring

of vessels or other floating structures (e.g., inflatables, trampolines, etc.) at a dock

cannot impede ingress/egress or navigation.

e. Water Depth. For a SUP application to be accepted for review, a proposed

dock must have at least 4 feet of water depth at the point where the gangwalk and dock

connect. All dock SUPs are issued in relation to 660 ft. MSL. The issuance of a dock

SUP does not guarantee continual usability of the structure because factors may limit or

prevent its use (e.g., drought, high water conditions, siltation, etc.). If necessary, during

periods of low water, individuals may "chase water" to keep their dock afloat, provided

such action does not prevent/block access to existing docks or coves or impede

navigation. This practice has been allowed in the past and will continue to be allowed

provided this temporary relocation of docks does not create safety hazards (i.e.,

crowding, crossing over other docks, etc.). When lake levels return to normal,

individuals are responsible for returning their docks to the permitted locations and

removing all temporary anchor pins. Dependent upon site conditions, a USACE Ranger

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may defer making a determination to issue/modify a dock SUP if the lake level is less

than 656 ft. MSL or greater than 660 ft. MSL.

f. Standards for Docks. All plans for new docks, new gangwalks, and

modifications to existing docks and gangwalks (including but not limited to combining

two existing docks into one structure) must be approved by a state licensed structural

engineer to ensure a quality, safe design suitable for conditions on Hartwell Lake. The

applicant or dock builder must submit such plans to the Operations Project Manager as

specified below.

(1) Plans.

(a) Dock builders may submit master plans for each type of dock they

intend to build, along with a master list of available colors that are an earth tone (see

subsection f.(2) below). These plans must be approved by a state licensed structural

engineer. Once approved, these plans will be kept on file at the Operations Project

Manager's Office. Dock builders will supply new applicants an 8½ inches x 11 inches

drawing showing the dimensions of the proposed structure, flotation type, gangwalk

placement, stair location, a side view showing levels/roof, and anchor system. This

drawing will include a signed statement that the structure meets or exceeds

specifications for dock plans on file for that dock company.

(b) If an applicant does not want to contract with a builder with master

dock plans on file, they may submit their own dock plan provided it is approved by a

state licensed structural engineer and meets all the criteria and standards applicable to

docks as set forth in this SMP. The proposed color must be specified and in

compliance with Section f. (2) below. The applicant will include a statement with the

plan certifying that the dock will be built in accordance with the state licensed structural

engineer plan.

permitted on Hartwell Lake, they must contact the Operations Project Manager’s Office

so that plans for the dock can be reviewed. If dock plans for the used dock cannot be

located, applicants must submit engineer approved plans for the dock.

(2) Color Restrictions. All new docks (except for all aluminum constructed

docks) and roofs must be of an earth tone color such as dark green, brown, black, etc.

Docks relocated to newly approved locations must comply with current color and size

requirements. Any existing dock, even if repainted, modified, or repaired (e.g., roof

replaced), must comply with current color requirements.

(3) Time Limits. Approved docks must be installed within twelve (12)

months of SUP issuance and maintained in place thereafter, with only temporary

movement to “chase water” as allowed in section 10.e. The permittee must inform the

USACE Ranger when the structure is installed. Failure to install an approved structure

within the time limit (and maintain it thereafter) will automatically nullify the dock portion

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of the SUP. The owner must wait 6 months before they can reapply for a dock SUP.

When an existing dock is sold or removed, the owner has 6 months to install a new

dock upon USACE Ranger approval. A new dock cannot be installed until the

previously permitted dock has been removed.

g. Gangwalks. If site conditions and safety considerations allow, docks may be

permitted a maximum 60-foot long gangwalk. The minimum length of gangwalk allowed

is 16 feet. Gangwalk width may vary from a minimum of 3 feet to a maximum of 6 feet.

The gangwalk length that is authorized must ensure that at normal pool elevation:

(1) The total structure (dock and gangwalk combined) will not extend beyond

one-third the width of a cove.

(2) The structure will not be closer than 50 feet to a permitted structure.

(3) The structure will not extend into a marked navigational channel, cause a

navigational hazard (blind curve, etc.), or block access to coves or any permitted docks.

(See Exhibit V, Dock Length Restrictions Examples).

h. Flotation. All newly installed flotation will meet the requirements of SUP

Condition No. 14 (See Exhibit I, Shoreline Use Permit Conditions).

i. Size Limitations. The maximum size of a private individual dock is 1,120

square feet, provided the associated lot shares a common boundary of at least 75 feet

as noted above. Neither the length nor width of the structure can exceed 40 feet.

Square footage will be calculated excluding the gangwalk. The minimum size dock

allowed is a 10-foot x 20-foot. All dock and gangwalk configurations are subject to

approval by the USACE. New enclosed structures are not allowed. Dock SUPs legally

issued and properly maintained prior to implementation of this SMP will be honored as

permitted, whether they are larger or smaller than sizes currently allowed. Application

for New docks that are larger or smaller than current size limitations, will not be

considered.

j. Dock Roofs and Sundecks. If the structure has a roof or upper deck,

overhangs of up to 24 inches may be allowed. Slip docks are limited to no more than

two (2) levels and the second level cannot be covered. Jump gates are not allowed on

the second level.

k. Storage Compartments/Attachments. On dock storage compartments are

limited to a maximum height of 48 inches on an uncovered dock and to the roof line on

a covered dock. Storage compartments where flammable liquids are stored will be

ventilated to prevent the accumulation of fumes. Storage boxes may not be used to

enclose any portion of a dock. Attachments such as personal watercraft lifts may be

secured to a dock, but will be counted as part of the square footage of the dock

structure since they are permanent structures and increase the "footprint" (actual water

surface area occupied by the dock structure, including slip area) of the dock. After

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market attachments that are secured to the landward side of the dock structure, or

within the slip of a dock structure, will not be counted as part of the square footage if

these locations do not affect the spacing between docks. After market attachments

must be approved by the Operations Project Manager prior to installation. Security

cameras are authorized to be installed on docks. Facilities such as slides, jump gates,

diving platforms, and diving boards will not be permitted due to safety concerns

associated with fluctuating lake levels and possible underwater obstructions and

hazards. Appliances including, but not limited to, sinks, showers, refrigerators, freezers,

stoves, satellite dishes, hot tubs, etc. are not allowed on docks or public land.

l. Materials. All structural material, decking, nails, bolts, nuts, washers, etc.,

must be designed and constructed for outdoor use. Creosote or penta treated wood is

not acceptable.

m. Anchorage. Docks must be physically anchored to the shore with a

gangwalk and an approved cabling system. Typically, cables will be attached to secure

anchors above 660 ft. MSL elevation. Cables will not be attached to trees or other

vegetation.

11. Community Docks. Community docks are encouraged to reduce the proliferation

of individual dock structures, reduce impacts to public lands, and increase recreational

opportunities. Community docks will be considered for standard residential subdivision

developments and multi-residential developments such as condominiums, town homes,

or other type developments where property adjoining public land is commonly owned by

all unit owners.

a. Eligibility Requirements.

(1) Community dock SUPs will be issued to associations, signed by an

authorized representative, and approved based on development plans submitted by the

association and accepted by the Operations Project Manager. At a minimum, a

standard association agreement, Exhibit VI, Community Dock Association Agreement,

will be completed and signed by the authorized representative(s) and will be included as

an additional SUP condition. Except for dock size limits, criteria/standards associated

with private individual docks (See Section 10, Private Individual Docks) will apply to

community docks.

(2) Developers choosing the community dock option will be required to

provide a projection survey as outlined in Section 10.c., Location. Typically, the

community dock option will not be considered unless the proposed development has a

minimum of five 75-foot-wide lots or five units. Proposed community docks that involve

unusual situations/site conditions with less than 5 lots/units will be reviewed on a case-

by-case basis. Once a community dock is established in relation to a development,

individual SUPs will not be considered for any lots associated with the development.

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(3) Improved walkways and utilities may be considered for each approved

community dock. These facilities will originate from a designated point on the adjacent

private property and extend to a designated point(s) on public land. T or Y-type

walkways will be considered in the event two or more docks are authorized. These

improved walkways and rights-of-way must meet the criteria noted in Section 14.

Rights-of-Way.

b. Access Requirement. To qualify for a residential subdivision community

dock, a minimum 15-foot deep fee simple strip of property, owned by the respective

association, must border public land adjacent to the lots associated with the SUP (See

Exhibit VII, Community Development Example). For interior lots to be considered for

dock use, legal access to the fee simple strip must be shown on development plans.

c. Dock Size and Location. Community dock sizes will be based on the

amount of shared LDA boundary line meeting the water depth requirement that is

associated with the development in conjunction with the number of units/lots. Eleven

square feet of dock will be considered for every one foot of dockable boundary line,

provided the total number of slips does not exceed the total number of units/lots within

the development. For example, if a development has 550 feet of common boundary line

within a LDA and all 550 feet is adjacent to water that meets dock requirements, that

development would qualify for consideration of a maximum 6,050 square foot dock (See

Exhibit VII, Community Development Example). A USACE Ranger will conduct the

boundary line assessment, when it is needed

d. Spacing. The location of any new community dock must provide at least 50

feet of space between the proposed facility and all permitted facilities at normal pool

elevation (660 ft. MSL) to provide a buffer area for boat maneuverability, water level

fluctuations, and public safety. Additional space and/or length restrictions may be

imposed due to navigation concerns, such as obstruction of channels, access to coves,

and/or existing docks (See Exhibit V, Dock Length Restrictions Examples). Mooring of

vessels or other floating structures (inflatables, trampolines, etc.) at a community dock

cannot impede ingress/egress or navigation.

e. Design. Maximum slip size (water space) cannot exceed 24 feet wide by 28

feet deep. More than one dock may be considered per development, but total square

footage of the docks combined cannot exceed the maximum square footage for the

development.

f. Underbrushing. As defined and explained in Section 13, underbrushing, the

selective cutting and continued control of vegetation associated with community dock

developments will be determined based on accepted development plans and site-

specific conditions. Underbrushing areas will be designated adjacent to LDA shoreline

only and may be up to 50 percent of the shared boundary line but shall not exceed 400

feet.

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12. Mooring Buoys. No new mooring buoys will be authorized. Historically,

applicants could obtain either a SUP for a dock or a mooring buoy, but not both. Any

previously authorized mooring buoys will be honored to current or future owners as long

as the facility is maintained in accordance with SUP conditions.

13. Underbrushing. Underbrushing is defined as the selective cutting and continuing

control of woodland understory vegetation (e.g., weeds, vines, briars, etc.) and the

thinning of tree seedlings, as approved by the Operations Project Manager.

a. Underbrushing Limits. An approved SUP is required to conduct

underbrushing on public land. The area to be underbrushed is limited to the applicant's

adjacent lot frontage, up to a maximum of 50 feet in Protected Shoreline areas and 100

feet in LDA areas. To qualify for a SUP to conduct underbrushing, a common boundary

of 75 feet is required. Designated underbrushing is limited to vegetation measuring less

than 3 inches in diameter at ground level. Under no circumstances will vegetation over

3 inches in diameter at ground level, or native ornamental trees and shrubs (dogwoods,

holly, redbud, wild azalea, mountain laurel, rhodendron, magnolia, etc.) be cut without

the prior approval of the Operations Project Manager. After underbrushing is

completed, the area should still be "wooded" with trees established to a maximum

spacing of 18 feet on center.

(1) If cutting all underbrush material (within an authorized underbrush area)

would create open areas where trees are not maintained at the 18-foot spacing, then

enough existing smaller trees (measuring less than 3 inches in diameter) must be left

undisturbed to meet the required spacing. Planting of native trees and/or natural

regeneration may also be required to establish the proper spacing. Limbs on trees in

the underbrush area may be pruned up to one-third the height of the tree, or 18 feet,

whichever is less.

(2) The establishment of grass lawns, flowerbeds, other landscaping

activities, or the placement of personal items (such as swings, chairs, invisible dog

fences, etc.) that create the appearance of private ownership and control of public lands

are not allowed. The removal of natural ground litter (e.g., by raking, blowing, bagging,

etc.) such as pine straw and/or leaves is also prohibited. Licensed facilities (i.e., utility

rights-of-way, improved walkways, etc.) will be located within the designated

underbrush area unless site conditions, as determined by a USACE Ranger, dictate

otherwise.

(3) Remaining public lands outside the underbrush area will be designated as

undisturbed natural areas to provide a separation buffer from private development and

to enhance wildlife habitat. The maintenance of adequate undisturbed shoreline

vegetation serves many functions in protecting the Hartwell resource as outlined in

Exhibit VIII, The Value of Shoreline Vegetation. Violations of underbrushing parameters

are addressed in Section 22, Shoreline Management Violations.

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b. Approved Methods of Vegetation Removal. Underbrushing will be

accomplished by using hand tools that allow the operator to selectively remove

vegetation approved by the SUP. Acceptable tools include, but are not limited to, chain

saws and weed trimmers. Standing dead or diseased trees may be cut only after they

are inspected and marked for removal by a USACE Ranger and only if they pose a

safety hazard. No herbicide, pesticide, or chemicals of any kind may be used to

establish/maintain standard underbrush areas. In the event of invasive species

infiltration, please contact the Hartwell Project Office.

c. Burning on Public Lands. Burning on the exposed lakebed is permitted only

to those individuals with a valid underbrush SUP. Burning is restricted to the exposed

lake bottom below 660 ft. MSL elevation. During periods of normal or high lake levels

(660 ft. MSL elevation or above), burning is prohibited. Materials to be burned are

limited to underbrush material taken from public land. Any burning must be coordinated

with the local fire agency and follow applicable state and local laws governing open

burning.

d. Planting on Public Lands. Modification of public lands by an adjacent

property owner through additional plantings must be in accordance with an approved,

detailed planting plan. Planting plans must use only those plants included on the

approved planting list (See Exhibit IX, Approved Native Plant List) and be approved by

the Operations Project Manager prior to planting.

e. Open Areas Defined. Open areas are defined as those areas of public land

where a natural mixture of native trees does not exist at a minimum spacing of 18 feet

on center. These areas include established grassed areas which were permitted in the

past, open areas created by the approved removal of trees, open areas created by

unauthorized activities, and areas in general not meeting the required spacing.

f. Reclaiming Open Areas. Upon discovery of open areas that have never

been permitted, a plan for replanting the area to a natural vegetated condition can be

submitted by the adjacent property owner for review and approval by the USACE. If the

open area was created by the applicant’s unauthorized activities, the applicant will not

be allowed to benefit from violating rules and, instead, underbrushing privileges may not

be granted and there will be an appropriate response to the violations (e.g. replanting,

loss of SUP/licenses, underbrushing privileges). Grassed areas that have been

maintained through the years in conjunction with a valid SUP can remain until the

adjacent private property changes ownership and/or the SUP expires or is not renewed.

At such time, the landowner has two options: submit a plan for review and approval to

replant the area in a mixture of native over/understory trees to meet the minimum tree

spacing to qualify for underbrushing privileges, or let the area naturally regenerate with

no underbrushing privileges until the area meets the minimum tree spacing requirement.

g. Plantings Under Previous SMPs. Regeneration areas planted and

maintained under the 1989 or 1998 SMPs will be honored for the term indicated by the

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respective SUP conditions. Regeneration areas planted under these SMPs but not

maintained will be subject to the natural regeneration process noted above.

h. Other Open Areas. Non-grassed open areas, as noted in Section e. above,

will be revegetated as needed based on site-specific conditions and circumstances.

Revegetation will occur by natural regeneration, planting by the adjacent property

owner, or a combination thereof.

14. Rights-of-Way. Rights-of-way are supporting facilities to a dock and will only be

licensed if a dock is authorized. Properties with less than 75 feet of shared boundary

line within an LDA with an existing dock may still be authorized for utilities and an

improved walkway. To minimize adverse effects on public property and for safety

reasons, all approved utilities must be located underground within the location of the

right-of-way designated on the SUP/license. The following requirements for utilities

apply.

a. Electrical Service. All electrical wiring must meet the requirements of the

current National Electrical Code and the USACE. The USACE requires that all

electrical wiring on public lands be protected by a ground fault circuit interrupter. Solar

power/panels may be authorized for DC power for the dock and/or light pole.

(1) One non-decorative light pole will be allowed per every 100 feet between

661 ft. MSL elevation and the Hartwell Lake boundary line.

(2) Solar landscape lighting along an improved walkway is allowed. Solar

lights are limited to 10 inches in height and must be down shielded and spaced a

minimum of 10 feet between lights. If a location qualifies for more than one pole, the

permittee has the option to install solar landscaping lighting or a second pole, but not

both.

(3) If an additional pole is installed along the approved walkway, there must

be a minimum spacing of 100 feet from the pole at the shoreline to the second pole.

Poles are limited to 15 feet in height and must be placed at 661 ft. MSL elevation or

above. Lighting on authorized poles must be of a down lighting design and/or include a

“down lighting shield”. If wood, the pole must be treated for ground contact with a

minimum size of 4 inches x 4 inches. Other non-decorative commercial products

designed or suitable for outdoor light pole use may be authorized. All above ground

wiring on public lands must be in approved electrical conduit and receptacles on the

light pole must be located at 666 ft. MSL elevation or higher.

(4) A state licensed electrician is required to certify that all materials,

workmanship, and wiring methods of the installation at the light pole meet requirements

specified and shown on Exhibit X, Power Pole Certification Form, and if applicable,

Exhibit XI, Wiring Diagram Form for electrical service to the dock. Certification is

required after initial issuance, change of property ownership, and renewal of an existing

license. Installation of solar panels on a dock and/or light pole does not require

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certification by a state licensed electrician but must be specifically noted on the

approved dock SUP.

b. Waterlines and Pumps. Non-potable (lake water) intakes may be

authorized, but no lines may be installed underground below the normal pool elevation

of 660 ft. MSL. If a dock is authorized, the waterline and intake will be attached to the

dock, with only a plastic pipe extending into the lake for the intake. At locations where a

dock is not authorized, the permanent underground waterline will terminate at 660 ft.

MSL elevation or above. An extension may be attached during pumping but must be

removed when not in use. Pumps must be located on docks or on private land.

Submersible pumps are prohibited. Temporary waterlines may be authorized by a

Specified Acts Permit (see Section 17.a., Specified Acts Permits) that is issued through

the Operations Project Manager for a period not to exceed 120 days. An underground

potable waterline extending from private land to a single, above ground spigot on public

land may be permitted. Additional spigots may be installed on the dock but sinks and

showerheads are prohibited on docks and public lands.

Landowners adjacent to the lake are advised that minor water withdrawals for

use beyond the dock area are under further review and may ultimately not be allowed in

the future. Landowners adjacent to the lake considering any new investment to

withdraw water from the lake are cautioned they are proceeding at their own risk until

the review is concluded and a policy is determined. If the review results in a change to

the current Minor Water Withdrawal Policy, a minor modification to this SMP will be

made at that time to incorporate the change.

c. Improved Walkways.

(1) Improved walkways to the dock location may be authorized to a maximum

width of 6 feet.

(2) Based on site conditions and if authorized, improved walkways may be

constructed of crushed stone, wood chips, steppingstones, treated wood, concrete,

asphalt, mortared rock, brick, or other similar materials. If the walkway is constructed

with a loose aggregate material, the walkway must be bordered to prevent the

aggregate material from washing or spreading outside the 6 feet maximum width.

(3) Concrete or asphalt must not exceed 4 inches in thickness. Initial

installation of concrete must be dyed/stained black or brown and the color must be

maintained.

(4) All walkways must conform to the existing topography and be installed on

grade. Cutting and filling is prohibited.

(5) Some areas are not conducive to concrete, asphalt, or other poured

material walkways. In these situations (e.g., terraces, low areas, slope, etc.), treated

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lumber walkways may be elevated, provided the top of the walking surface does not

exceed 24 inches above ground level at any point along the walkway.

(6) Walkways are authorized to allow for safe access to the dock, not as

patios or decks. The construction of stand-alone walkway sections, turn-outs on

walkways not functional for cart use, or excessive “gangwalk anchor pads” is prohibited.

(7) Walkways that do not access the dock or shoreline directly, or are T-

shaped, Y-shaped, or consist of more than one walkway will not be permitted.

(8) Golf carts and similar type vehicles can only be used in conjunction with

walkways designed for such use. Cart path turnouts are to be installed perpendicular to

walkways as shown on walkway certification agreements (See Exhibit XII, Improved

Walkway).

(9) Footbridges with handrails, constructed within the maximum 6-foot width,

may be authorized for access across larger drainage ditches and low areas on public

land. Footbridges may not extend below or cross over 660 ft. MSL elevation, and all

materials must be treated for ground contact.

(10) Handrails may be approved along pathways or improved walkways only

and must be constructed of rigid materials that provide adequate support (i.e., wood or

metal). Handrails which are strictly decorative are not allowed (i.e., rope handrails). All

approved handrails must include 3-foot breaks at various points to provide for lateral

pedestrian access.

d. Erosion Control. When an erosion problem originates on private property

and extends onto public lands, corrective action on private property must be taken to

prevent further erosion of public lands. Failure to prevent silt from extending from

private property to public lands during construction or any other time may result in the

issuance of fines, the required removal of silt, the non-issuance of SUPs, and/or the

cancellation of all or part of existing SUPs. When use of a natural pathway is creating

the erosion problem, the pathway will be relocated to another area of less impact or

improvements to the walkway will be required. Permission may be granted to undertake

activities designed to prevent erosion on public lands if the erosion is originating on

public lands. These activities include planting native trees and/or shrubs or placing

rocks or similar materials to disperse the flow of water. Plans for erosion prevention,

including a description of the tools and type of materials to be used, must be approved

by the Operations Project Manager and will be included as part of the SUP/license.

15. Prior Commitments/Public Law

a. Prior Commitments. Individuals who have continuously owned property

adjacent to Hartwell Lake since before September 12, 1973* may submit an application

for a dock in accordance with this SMP (e.g., paragraph 10) so that all relevant factors

can be considered (for example, but not limited to, the shoreline allocation; location of

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constructed docks; impacts on navigability; and compliance with terms of any existing

SUPs and/or licenses). For these specific property owners, the shoreline allocation

designation will not, by itself, be the basis to deny a permit for a dock. If a property

owner in this category is authorized to install a dock, the dock may be maintained by the

original permittee, but it must be removed from Hartwell Lake upon the transfer of

property ownership or death of the permittee and his or her spouse.

(*On September 12, 1973, the South Atlantic Division Commander approved the Interim

Hartwell Lake Lakeshore Management Plan, which was made available to the public as

a guide.)

b. Public Law. Docks that were lawfully installed prior to November 17, 1986

may be allowed to remain in their current location, even if they are within a shoreline

allocation that currently does not allow new docks to be constructed, based on Section

1134(d) of the Water Resources Development Act of 1986, Public Law 99-662. In

accordance with section 1134(d), any houseboat, boathouse, floating cabin or lawfully

installed dock or appurtenant structures in place under a valid shoreline use permit as of

November 17, 1986, cannot be forced to be removed from any Federal water resources

project or lake administered by the Secretary of the Army on or after December 31,

1989, if it meets the three conditions below except where necessary for immediate use

for public purposes or higher public use or for a navigation or flood control project.

However, docks covered by Section 1134(d) cannot be enlarged or undergo major

modifications. Certain changes to gangwalks might be allowed but must first be

approved by the Operations Project Manager. The following are the Section 1134(d)

conditions:

(1) Such property is maintained in a usable and safe condition;

(2) Such property does not occasion a threat to life or property; and

(3) The holder of the SUP/license is in substantial compliance with the terms

and conditions of the existing SUP/license.

c. Roads, Ramps, Turnarounds, and Other Facilities. The construction of

new roads, ramps, turnarounds, land-based boathouses, marine ways, fixed gangwalks,

pump houses, picnic shelters, and patios have been prohibited for many years. Existing

roads and turnarounds may be repaired to the original dimensions and with the same

material as originally permitted. Launching ramps must maintain the same width and

material but may be extended during low water conditions in accordance with an

approved request.

16. Facility Maintenance. Permitted and/or licensed facilities must be operated, used,

and maintained by the permittee/licensee in a safe, healthful condition. If determined

unsafe, such facilities will be corrected within 30 days or removed at the owner's

expense. A new SUP/license can be considered when the current SUP/license expires

or when ownership of the adjacent private property, to which a SUP/license is assigned,

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changes (See Section 15, Prior Commitments/Public Law). The applicant certifies in

writing by signing the SUP/license at time of issuance that all permitted/licensed

facilities and activities are and will be maintained in accordance with the SUP/license

conditions as outlined in Exhibit I, Shoreline Use Permit Conditions and Exhibit II,

Department of the Army License. Inspections will be conducted by a USACE Ranger to

verify compliance and to promote public safety. By making such inspections, the

USACE assumes no liability or responsibility for any accident associated with the

facility. Violations of the terms and conditions of the SUP/license are addressed in

Section 22, Shoreline Management Violations. The USACE assumes no liability or

responsibility for the safety of individuals using any facility authorized by a SUP/license

or engaged in any activity authorized by a SUP/license on public land. The

permittee/licensee assumes full liability and responsibility for the safe conduct of the

activity and, regarding facilities, must certify the safety of the structure(s) and any

associated electrical wiring.

17. Specified Acts/Department of Army Permits.

a. Specified Acts Permits. A Specified Acts Permit is a non-fee, short-term

permit issued for a specified time period for minor activities on project lands and water.

The permit will detail the authorized work including types of equipment to be used, time

frame for completing the work, and restoration of public lands. Drawings, plans, or

photographs may be required to process the permit. If the location of a dead tree

endangers life or property, a Specified Acts Permit may be issued to the adjacent

landowner to cut and/or remove the tree from public property. Dead trees play an

important role within the natural ecosystem by providing habitat for wildlife, and they are

prohibited from being cut or removed without prior authorization via a Specified Acts

Permit. Violations of the terms and conditions of a Specified Acts Permit are addressed

in Section 22, Shoreline Management Violations.

b. Department of Army Permits. The USACE’s Regulatory jurisdiction under

Section 404 of the Clean Water Act applies to material placed below the ordinary high-

water mark, which at Hartwell Lake is 660 ft. MSL. Savannah District uses

Programmatic General Permits to the extent applicable for activities that require

Regulatory permits for silt removal, placement of riprap, construction of retaining walls,

and implementing bioengineering methods. Contact the Operations Project Manager's

Office for application procedures.

(1) Dredging. Limited removal of accumulated silt material will be

considered by the Operations Project Manager’s Office only if practical access to the

site is available, as determined by a USACE Ranger. Application forms for the limited

removal of accumulated silt material may be obtained at the Operations Project

Manager’s Office and must be approved prior to initiating work. Dredging below the

original lake contour (into hardpan) for the benefit of private exclusive use will not be

authorized. Water wetland transition areas provide habitat for wildlife feeding and

nesting as well as fish spawning and nursery areas. These areas will be taken into

consideration for project approval.

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(2) Shoreline Protection. Minor shoreline protection activities may be locally

authorized by the Operations Project Manager. These activities can include retaining

walls, riprap, and bioengineering methods. Methods that provide additional aquatic

habitat, such as riprap and bioengineering, are preferred. Application forms for riprap

and retaining walls may be obtained from the Operations Project Manager's Office.

Some unique designs may require certification by a state licensed engineer.

Bioengineering proposals must be submitted by the requesting party and include

detailed plans. All bank stabilization proposals must be approved by the Operations

Project Manager prior to initiating any work.

18. Shoreline Tie-Up. Due to increased development and use of Hartwell Lake and

conflicts that have arisen, the continued mooring of a boat to the shoreline for more than

48 hours for any reason (e.g., camping) is prohibited. Permanent mooring devices such

as posts, stationary platforms, etc., are prohibited. Boats are to be moored at

designated locations only. Permitted floating facilities (individual/community docks,

mooring buoys) and commercial marinas are designated for boat moorage on Hartwell

Lake.

19. Easements. In addition to lands purchased in fee title, the United States (USACE)

purchased easements on some portions of private lands surrounding Hartwell Lake.

The most common easements in place give the United States Government a perpetual

right to occasionally overflow, flood, and submerge properties which lie within certain

mean sea level elevations. Other types of easements exist and landowners and

potential landowners around Hartwell Lake are encouraged to investigate easement

conditions which encumber private property before purchasing and/or beginning

construction. Information on easements is available at the Operations Project

Manager’s Office.

20. Boundary Line and Encroachments.

a. Boundary Line. The Hartwell Lake boundary line is established and marked

by the USACE in accordance with standard survey techniques, including painted hacks

and blazes on witness trees as detailed in Exhibit XIII, Hartwell Project Boundary Line

Information. In open areas where the distance between corners is such that

monuments or pins are not visible, posts with signs may be placed by the USACE to

witness the line. The USACE implemented a boundary line maintenance program in

which the line is repainted every 3 to 5 years. The painted trees (witness trees) do not

represent the exact line, but rather indicate the proximity of the project boundary line. It

is the responsibility of the adjacent landowner to identify his/her property line. The

USACE will provide information concerning the boundary line, if needed, to assist with

any surveys. Any discrepancies identified by a survey should be resolved with the

Operations Project Manager.

b. Encroachments. Other than pedestrian access or general public

recreational activities, any activity on public property not covered by a SUP/license or a

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Specified Acts Permit constitutes a trespass, encroachment, or degradation of public

property and a violation of 36 C.F.R. § 327.30. Examples of encroachments or

degradation include, but are not limited to: motorized vehicle operation, burning, tree

cutting, the placement of debris or fill dirt, dog pens, swings, patios, decks, roof

overhangs, pools, sheds, houses, and other structures. Violations of this nature are

addressed in Section 22, Shoreline Management Violations. Initial SUP/licenses will not

be considered until identified encroachments are resolved. The reissuance of existing

SUP/licenses to the same and/or new owner will be delayed and/or denied pending an

encroachment resolution plan and timeline. If encroachments are not corrected, the

SUP/license will not be reissued, and all previously authorized facilities/activities will

have to cease or be removed from public land.

21. Special Considerations. The use of motorized equipment on public land is

prohibited unless in compliance with a Specified Acts Permit or other site-specific

SUP/license such as bank stabilization, walkway construction, and utility installations.

Unauthorized use of equipment resulting in damage to public land is addressed in

Section 22, Shoreline Management Violations. Permittees and contractors will be held

responsible for damage to public land resulting from unauthorized use of equipment.

22. Shoreline Management Violations. Rules and regulations governing the

shoreline management program are enforced through 36 C.F.R. § 327.30. Violations

may result in the issuance of a Violation Notice requiring the payment of a fine or an

appearance before the U.S. Magistrate, restitution, and/or revocation of all or part of the

SUP/license, or a combination thereof. As a result of destruction to public lands, no

new or reissued SUP/license will be issued until compliance and/or restoration has been

achieved to the satisfaction of the Operations Project Manager. Violations may be

noted and addressed when facilities/activities are inspected prior to either renewing the

SUP/license or reassigning the SUP/license to a new owner. Also, violations may be

noted during routine inspections of the shoreline and addressed at any time.

23. Administrative Review and Appeal. Should an applicant desire to appeal a

permit decision, they may do so in writing within 30 days through the Operations Project

Manager to the District Commander. Written appeals of license decisions must be

submitted through the Operations Project Manager to the Real Estate Contracting

Officer. The District Commander may revoke a SUP (which would require the

revocation of an associated license by the Real Estate Contracting Officer) whenever it

is determined that the public interest necessitates such revocation or when determined

that the permittee has failed to comply with the conditions of the SUP/license. The

permittee will be notified by certified mail. The revocation notice shall specify the

reason for such action. If the permittee makes a written request for a hearing within 30

days of delivery of the notice, the District Commander shall grant such a hearing at the

earliest opportunity. The hearing date will not exceed 60 days from the date of the

hearing request.

24. Natural Resource Management. The goal of the natural resource management

program is to provide outdoor recreation opportunities consistent with project purposes

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while sustaining natural and cultural resources. The Natural Resource Management

Staff will implement programs to support this goal while emphasizing the unique

qualities, characteristics, and potential of Hartwell Lake. Authorized activities will be

limited, or in some instances denied, if impacts to threatened/endangered species or

sensitive areas cannot be eliminated or mitigated.

25. Cultural Resource Management. The goal of the Hartwell Lake cultural

resource management program is to protect and preserve archaeological and historic

resources for the benefit of future generations. Another goal of the cultural resource

management program is to minimize the impact of natural resource management,

public recreation, and shoreline management on cultural resources at Hartwell Lake.

Management of cultural resources at Hartwell Lake is in accordance with the Cultural

Resources Management Plan (CRMP). The purpose of the CRMP is to provide a

comprehensive program to direct historic preservation activities and to effectively

manage and protect historic properties. A historic property is defined at 54 U.S.C. §

300308 to mean “any prehistoric or historic district, site, building, structure, or object

included in, or eligible for inclusion on, the National Register [of Historic Places],

including artifacts, records, and material remains relating to the district, site, building,

structure, or object.” Authorized activities under the Hartwell Lake SMP may be

limited, or in some instances denied, if impacts to historic properties cannot be

avoided, minimized, or mitigated.

26. References

a. Flood Control Act of 1944, § 4, 16 U.S.C. § 460d.

b. National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq.

c. Clean Water Act of 1977 § 404, 33 U.S.C. § 1344.

d. 36 C.F.R. Part 327, Rules and Regulations Governing Public Use of Water

Resources Development Projects Administered by the Chief of Engineers.

e. Executive Order 12088, Federal Compliance with Pollution Control Standards.

f. 33 C.F.R. Part 323, Permits for Discharges of Dredged or Fill Material into

Waters of the United States.

g. Act of Dec. 29, 1981, Pub. L. 97-140, sec. 6, 95 Stat. 1718 (codified as

amended at 16 U.S.C. § 460d).

h. Water Resources Development Act of 1986, Pub. L. 99-662, sec. 1134(d),

100 Stat. 4082 (codified as amended at 16 U.S.C. § 460d).

i. Rivers and Harbors Act of 1899, § 10, 33 U.S.C. § 403.

Application and Permit-License Conditions – SAD Standard – June 2013 1 of 3

SHORELINE USE PERMIT CONDITIONS

i. Permits may be revoked by the District Commander when it is determined that the public interest requires such revocation or

when the permittee fails to comply with terms and conditions of the permit, the Shoreline Management Plan, or of this regulation.

(Appendix A to § 327.30, paragraph 3. Permit Revocation)

1. This permit is granted solely to the applicant for the purpose described on the attached permit.

2. The permittee agrees to and does hereby release and agree to save and hold the Government harmless from any and all causes of

action, suits at law or equity, or claims or demands or from any liability of any nature whatsoever for or on account of any damages to

persons or property, including a permitted facility, growing out of the ownership, construction, operation or maintenance by the permittee of

the permitted facilities and/or activities.

3. Ownership, construction, operation, use and maintenance of a permitted facility are subject to the Government's navigation servitude.

4. No attempt shall be made by the permittee to forbid the full and free use by the public of all public waters and/or lands at or adjacent to

the permitted facility or to unreasonably interfere with any authorized project purposes, including navigation in connection with the

ownership, construction, operation or maintenance of a permitted facility and/or activity.

5. The permittee agrees that if subsequent operations by the Government require an alteration in the location of a permitted facility and/or

activity or if in the opinion of the district commander a permitted facility and/or activity shall cause unreasonable obstruction to navigation or

that the public interest so requires, the permittee shall be required, upon written notice from the district commander to remove, alter, or

relocate the permitted facility, without expense to the Government.

6. The Government shall in no case be liable for any damage or injury to a permitted facility which may be caused by or result from

subsequent operations undertaken by the Government for the improvement of navigation or for other lawful purposes, and no claims or

right to compensation shall accrue from any such damage. This includes any damage that may occur to private property if a facility is

removed for noncompliance with the conditions of the permit.

7. Ownership, construction, operation, use and maintenance of a permitted facility and/or activity are subject to all applicable Federal, state

and local laws and regulations. Failure to abide by these applicable laws and regulations may be cause for revocation of the permit.

8. This permit does not convey any property rights either in real estate or material; and does not authorize any injury to private property or

invasion of private rights or any infringement of Federal, state or local laws or regulations, nor does it obviate the necessity of obtaining

state or local assent required by law for the construction, operation, use or maintenance of a permitted facility and/or activity.

9. The permittee agrees to construct the facility within the time limit agreed to on the permit issuance date. The permit shall become null

and void if construction is not completed within that period. Further, the permittee agrees to operate and maintain any permitted facility

and/or activity in a manner so as to provide safety, minimize any adverse impact on fish and wildlife habitat, natural, environmental, or

cultural resources values and in a manner so as to minimize the degradation of water quality.

10. The permittee shall remove a permitted facility within 30 days, at his/her expense, and restore the waterway and lands to a condition

accepted by the resource manager upon termination or revocation of this permit or if the permittee ceases to use, operate or maintain a

permitted facility and/or activity. If the permittee fails to comply to the satisfaction of the resource manager, the district commander may

remove the facility by contract or otherwise and the permittee agrees to pay all costs incurred thereof.

11. The use of a permitted boat dock facility shall be limited to the mooring of the permittee's vessel or watercraft and the storage, in

enclosed locker facilities, of his/her gear essential to the operation of such vessel or watercraft.

12. Neither a permitted facility nor any houseboat, cabin cruiser, or other vessel moored thereto shall be used as a place of habitation or as

a full or part-time residence or in any manner which gives the appearance of converting the public property, on which the facility is located,

to private use.

13. Facilities granted under this permit will not be leased, rented, sub-let or provided to others by any means of engaging in commercial

activity(s) by the permittee or his/her agent for monetary gain. This does not preclude the permittee from selling total ownership to the

facility.

14. Floats and the flotation material for all docks and boat mooring buoys shall be fabricated of materials manufactured for marine use. The

float and its flotation material shall be 100% warranted for a minimum of 8 years against sinking, becoming waterlogged, cracking, peeling,

fragmenting, or losing beads. All floats shall resist puncture and penetration and shall not be subject to damage by animals under normal

conditions for the area. All floats and the flotation material used in them shall be fire resistant. Any float which is within 40 feet of a line

carrying fuel shall be 100% impervious to water and fuel. The use of new or recycled plastic or metal drums or non-compartmentalized air

containers for encasement or floats is prohibited. Existing floats are authorized until it or its flotation material is no longer serviceable, at

which time it shall be replaced with a float that meets the conditions listed above. For any floats installed after the effective date of this

specification, repair or replacement shall be required when it or its flotation material no longer performs its designated function or it fails to

meet the specifications for which it was originally warranted.

15. Permitted facilities and activities are subject to periodic inspection by authorized Corps representatives. The resource manager will

notify the permittee of any deficiencies and together establish a schedule for their correction. No deviation or changes from approved plans

will be allowed without prior written approval of the resource manager.

16. Floating facilities shall be securely attached to the shore in accordance with the approved plans by means of moorings which do not

obstruct general public use of the shoreline or adversely affect the natural terrain or vegetation. Anchoring to vegetation is prohibited.

17. The permit display tag shall be posted on the permitted facility and/or on the land areas covered by the permit so that it can be visually

checked with ease in accordance with instructions provided by the resource manager.

18. No vegetation other than that prescribed in the permit will be damaged, destroyed or removed. No vegetation of any kind will be

planted, other than that specifically prescribed in the permit.

Exhibit I

I-1

Application and Permit-License Conditions – SAD Standard – June 2013 2 of 3

19. No change in land form such as grading, excavation or filling is authorized by this permit.

20. This permit is non-transferable. Upon the sale or other transfer of the permitted facility or the death of the permittee and his/her legal

spouse, this permit is null and void.

21. By 30 days written notice, mailed to the permittee by certified letter, the district commander may revoke this permit whenever the public

interest necessitates such revocation or when the permittee fails to comply with any permit condition or term. The revocation notice shall

specify the reasons for such action. If the permittee requests a hearing in writing to the district commander through the resource manager

within the 30-day period, the district commander shall grant such hearing at the earliest opportunity. In no event shall the hearing date be

more than 60 days from the date of the hearing request. Following the hearing, a written decision will be rendered and a copy mailed to the

permittee by certified letter.

22. Notwithstanding the conditions cited in condition 21 above, if in the opinion of the district commander, emergency circumstances dictate

otherwise, the district commander may summarily revoke the permit.

23. When vegetation modification on these lands is accomplished by chemical means, the program will be in accordance with appropriate

Federal, state and local laws, rules and regulations.

24. The resource manager or his/her authorized representative shall be allowed to cross the permittee's property, as necessary to inspect

facilities and/or activities under permit.

25. When vegetation modification is allowed, the permittee will delineate the government property line in a clear, but unobtrusive manner

approved by the resource manager and in accordance with the project Shoreline Management Plan.

26. If the ownership of a permitted facility is sold or transferred, the permittee or new owner will notify the Resource Manager of the action

prior to finalization. The new owner must apply for a Shoreline Use Permit within 14 days or remove the facility and restore the use area

within 30 days from the date of ownership transfer.

27. If permitted facilities are removed for storage or extensive maintenance, the resource manager may require all portions of the facility be

removed from public property.

ii. In accordance with Appendix A to § 327.30—Guidelines for Granting Shoreline Use Permits, 2. Applications for Shoreline Use

Permits, paragraph c.(9), the District Commander has placed the following Special Conditions on this permit:

28. The permittee agrees to complete the construction and installation of the facility within 1 year of the permit/license issue

date, or by the deadline stated in the Additional Special Conditions of the permit which shall take precedence. The permittee of a

community dock agrees to construct/install the facility (facilities) within the time limit agreed to on the permit issue date, as

stated in the Additional Special Conditions.

29. The effective date stated in Condition 14 shall be July 1, 1998.

30. Permitted facilities are directly linked to a specific tract/parcel of adjacent private property (or a private existing permitted

facility in a leased area) which met the requisites under the Shoreline Management Plan. Permitted facilities cannot be relocated

from these authorized (linked) locations to different locations on the subject lake without prior approval of the Operations

Manager.

31. Failure of the original owner and/or new owner to notify the Project Office when the ownership of permitted

facilities/activities is sold or transferred does not negate the responsibility for payment of applicable fees during the period the

facilities/activities should have been covered by a permit. When permits are not issued in a timely manner following a change of

ownership, the start date for the permit will be backdated to the effective date of the sale or other transfer of ownership and all

applicable fees will be collected for the period. The permit expiration date will be five years from the effective start date.

32. Diving boards, platforms, or similar structures are prohibited. Suspended boat hoists are prohibited without the expressed

written authorization of the Operations Project Manager.

33. All electrical utilities must meet or exceed the National Electric Code standards for Wet Locations, Marinas and Boatyards

(Article 555) and any additional U.S. Army Corps of Engineers requirements. All electrical utilities must be certified by a licensed

electrician at installation and periodically thereafter as required by Additional Special Conditions or as specified in the Shoreline

Management Plan.

34. All activities/facilities must conform to authorization shown in attached Exhibits and the policies of the project Shoreline

Management Plan. A copy of the Shoreline Management Plan is available at the Operations Project Manager's Office.

35. Activities and facilities not expressly authorized by any attached Exhibits, Specified Act Permits, or by CFR Title 36 are

prohibited.

36. “Additional Special Conditions” specific to this permit may also apply. Please refer to the Exhibits referenced below.

Exhibit

Description

I-2

Application and Permit-License Conditions – SAD Standard – June 2013 3 of 3

PRIVACY ACT NOTICE

AUTHORITY

Section 4, 1944 Flood Control Act as amended, PL 87-874.

PURPOSES

These applications are used in considering the issuance of permits for floating facilities and landscaping

by private landowners adjacent to U.S. Army Corps of Engineers Lakes. This information is collected and

maintained at project offices and is used as a basis for issuing permits. Needed for description of facility

to assure conditions of permit requirement are met. To provide auditing information for programs with

financial involvement. To provide information for contact of responsible party available on short notice in

case of emergency.

ROUTINE USES

This information may be disclosed to Department of Justice or other Federal, state, or local law

enforcement agencies charged with the responsibility of investigating or prosecuting violations or potential

violations of law or enforcing or implementing statutes, rules, regulations, or orders issued pursuant

thereto; or to a Congressional office in response to an inquiry made at the applicant's request. The

applicant's name and address are considered public information and may be disclosed in response to a

Freedom of Information Act request.

EFFECTS OF NONDISCLOSURE

Disclosure of information is voluntary. Failure to provide information will preclude issuance of a permit.

I-3

License No. DACW21-

Permit No. _____

DEPARTMENT OF THE ARMY LICENSE

Hartwell Lake

Hartwell, Hart County, GA

THE SECRETARY OF THE Army (hereinafter the "Secretary"), under authority of the general administrative authority of the Secretary, hereby grants to

_____________ on Tract: _____ (hereinafter the "grantee"), a license for Shoreline Use, over, across, in and upon lands of the United States, as identified on EXHIBIT

"A", attached hereto and made a part hereof (hereinafter the "premises").

THIS LICENSE is granted subject to the following conditions.

1. TERM

This license is granted for a term of 5 years , beginning 11/1/2018 and ending 10/31/2023, but revocable at will by the Secretary.

2. CONSIDERATION

The grantee shall pay in advance to the United States the amount of __ Dollars and NO/100 in full for the term hereof, payable to the order of the Finance

and Accounting Officer, Savannah District and delivered to Hartwell Lake / 5625 Anderson Hwy, Hartwell, Hart County, GA.

3. ADMINISTRATIVE FEE

The grantee shall pay in advance to the United States an administrative fee in the amount of ______ Dollars and NO/100 in full for the term hereof,

payable to the order of the Finance and Accounting Officer, Savannah District and delivered to Hartwell Lake / 5625 Anderson Hwy, Hartwell, Hart County, GA.

4. NOTICES

All correspondence and notices to be given pursuant to this license shall be addressed, if to the grantee, to __________; and if to the United States, to the

District Engineer, Attention: Real Estate Contracting Officer, Hartwell Lake, 5625 Anderson Hwy, Hartwell, Hart County, GA; or as may from time to time otherwise be

directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper; addressed as aforesaid; and

received at this address via hand-delivery or with postage prepaid and received via mail, including by the United States Postal Service or a

commercial carrier.

5. AUTHORIZED REPRESENTATIVES

Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their dulyauthorized

representatives. Any reference to "grantee" shall include any duly authorized representatives. Any reference to "Operations Manager"shall be interpreted to be the

Corps of Engineers Operations Manager, Hartwell Lake, GA; , and include his/her duly authorized representatives.

6. SUPERVISION BY THE REAL ESTATE CONTRACTING OFFICER

The use and occupancy of the premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer (hereinafter"said

officer"), and subject to such rules and regulations as may be prescribed from time to time by said officer.

7. APPLICABLE LAWS AND REGULATIONS

The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located.

8. AUTHORIZED USES

Specific construction guidelines are identified in the Hartwell Lake Shoreline Management Plan dated 1/30/2007 and will be followed without deviation.

Receipt of a hard copy of this Shoreline Management Plan or electronic copy that the licensee agrees to obtain via the provided internet address is acknowledged. This

license authorizes the following activities and/or placement of the following facilities on public land:

· Improved Walkway

· Anchorage

9. CONDITIONAL USE BY GRANTEE

This license does not convey any property rights and does not negate the need to comply with any applicable legal requirement to obtain any state or local

approvals (e.g., permits) for the construction, operation, use and/or maintenance of the authorized activities and/or facilities set forth in Condition 8. The exercise of the

privileges herein granted shall be:

a. without cost or expense to the United States;

b. subject to the right of the United States to improve, use, or maintain the premises;

c. subject to other outgrants of the United States on the premises; and

d. personal to the grantee, and this license, or any interest therein, may not be transferred or assigned.

10. CONDITION OF PREMISES

The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or

warranties whatsoever and without any obligation on the part of the United States.

11. PROTECTION OF PROPERTY

The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for

any damage that may be caused to the property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection

of all property located on the premises against fire or damage from any and all other causes. Any property of the United States that is damaged or destroyed by the

grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the

election of said officer, reimbursement made therefore by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said

officer.

12. INDEMNITY

The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incidental to the exercise of the

privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or

employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any

and all such claims, not including damages due to the fault or negligence of the United States or its contractors.

13. RESTORATION

On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and

restore the premises to a condition satisfactory to said officer. If, however, this license is revoked or terminated by the Secretary, the grantee, and restore the premises

Exhibit II

II-1

License No. DACW21____

Permit No. ____

to a condition satisfactory to said officer. If, however, this license is revoked or terminated by the Secretary, the may designate. In either event, if the grantee shall fail or

neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without

compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be

created by or made on account of such removal and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the

United States after the expiration, revocation, or termination of this license in restoring the premises.

14. PROHIBITION ON INHIBITING ACCESS

The grantee shall not take any action that inhibits any member of the public from full and free use of all navigable waters and/or public lands that are at or

adjacent to the authorized activity(ies) and/or facility(ies), which are specified in Condition 8.

15. TERMINATION

The grantee may terminate this license at any time by giving the District Engineer at least ten (10) days written notice, provided that no refund by the United

States of any consideration and/or administrative fee previously paid shall be made.

The Secretary may revoke this license for cause or terminate this license at will.

16. ENVIRONMENTAL PROTECTION

a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The

grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity(ies) and/or facility(ies) hereby authorized if and when issued by the

Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any

toxic or hazardous substances within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental

Protection Agency or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or

effluent from the premises in such a manner that the discharge will contaminate the premises, streams or other bodies of water, or otherwise become a public nuisance.

b. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the

grantee's activities, the grantee shall be liable to restore the damaged resources.

c. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises.

17. HISTORIC PRESERVATION

The grantee shall not remove or disturb, or cause or allow to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts,

relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and

the material from further disturbance until said officer gives clearance to proceed.

18. DISCLAIMER

This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which

may be required by Federal, state, or local law in connection with the use of the premises. It is understood that the granting of this license does not preclude the

necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the

waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 U.S.C. § 403), and Section 404 of the Clean Water

Act (33 U.S.C. § 1344).

19. APPLICABILITY OF EXECUTIVE ORDER 13658

This license is issued to a private party to authorize the activities and/or placement of the facilities on public land as specified in Condition 8 and is not

subject to Executive Order 13658, "Establishing a Minimum Wage for Contractors," or the implementing regulations issued by the Secretary of Labor in 29 C.F.R. Part 10.

If a duly authorized representative of the United States determines, whether before or subsequent to the granting of this license, that Executive Order 13658

is applicable to this license, the licensee agrees, to the extent permitted by law, to indemnify and hold harmless the United States, its officers, agents, and employees, for

and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out

of, caused by, related to, resulting from, or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination.

20. FEDERAL FUNDS

This license does not obligate the Secretary to expend any appropriated funds. Nothing in this license is intended or should be interpreted to require any

obligation or expenditure of funds in violation of the Anti-Deficiency Act (31 U.S.C. § 1341).

THIS LICENSE is not subject to 10 U.S.C. § 2662, as amended.

IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this ______ day of _______________________, _______.

__________________________________

Real Estate Contracting Officer

Savannah District

THIS LICENSE is executed by the grantee this

___________ day of ________________, ________.

Note: Grantee must sign and date prior to RECO signature.

__________________________________

SIGNATURE

__________________________________

GRANTEE PRINTED NAME

II-2

*This example depicts a subdivision adjacent to a “Limited Development” (Green) area

with adequate water for docks.

1. The primary frontage for each lot is determined by projecting a 90° angle from the

government boundary line (which is known as the “common boundary”) to 660

msl; it is not an extension of private lot lines. If the 90-degree projection

bisects/crosses other frontage areas, previously permitted areas, or private

property before it reaches 660 msl, the property will not qualify for shoreline use

permits.

2. Lots A & E through H have standard primary frontage areas.

3. Lots B & D both have limited frontage and share the “water area”. If there is only

enough room for one dock at this location, dock will be issued on a first

come/first served basis.

4. Lot C is not dockable since it’s 90° projections bisect the primary frontages of

other lots before it reaches 660 msl.

5. Lots I & J represent a point lot where projection is split between the two lots.

Exhibit III

90 Degree Projection Examples

Lot E Primary Frontage

Lot D Primary Frontage

Lot B Primary Frontage

III-1

Exhibit IV

Projection Documentation Criteria/Examples

1. Must be submitted on 8 ½ by 11 inch sheet for individual lots. Larger tracts

may be submitted on larger paper.

2. Scale should be 1 inch equals 100 feet for standard individual lots. Larger

tracts may require different scale.

3. Elevation 660 msl should be identified.

4. Rebar pin with cap to be installed where projections intersect with 660 msl (or

at current lake level during high water conditions).

5. Projection documentation must be completed by registered land surveyor and

include date of survey.

6. Projection documentation must identify subject lot (i.e. Lot &, Sandy Heights,

as recorded in Deed Book __, Page __, ______(County). **The projection

documentation itself does not need to be recorded, but must reference the

recordation of the subject lot/property.**

7. Bearing of common boundary line (from which projections originate from)

must be identified.

8. Boat docks and other facilities should NOT be shown.

IV-1

IV-2

IV-3

Exhibit V

Dock Length Restrictions Examples

*Example depicts property adjacent to “Limited Development” area.

1. Although there is 200’ between 660 msl on each side of cove, Lot B would

be limited to 1/3 of 90’ (30’ total length) due to shoal area.

2. The dock shown adjacent to Lot E would not be approved as it blocks

access to cove. A shorter overall structure could be considered.

Shoal area

658 msl

Lot B Dock

Location

90’

200’

Gov’t B/L

V-1

Exhibit V

Community Dock Association Agreement

The purpose of this document is to emphasize requirements for which members of

the (Name of Respective Homeowners Association)

are responsible for adhering to in relation to maintaining a Shoreline Use

Permit/License for a community dock and related facilities and activities on public

land and waters adjacent to the development known as (Name of

Subdivision/Development). “WE” refers to all members of said association.

WE understand that the ability to maintain a community dock on Hartwell Lake is a

privilege dependent upon compliance with all Shoreline Use Permit/License

conditions and Hartwell Project Shoreline Management policy including those

associated with the installation/establishment and maintenance of improved

walkway(s), utilities and underbrushing and those associated with encroachments

of structures, personal property, and/or vegetation onto public land.

WE understand that violations by any one member may result in the loss of all or

part of the above noted privileges to all members.

WE understand that the (Name of subject community dock) is approved based on

the attached development plan dated , as recorded in the

County Courthouse at (Deed Book and Page No.), and that any changes made to

the said development plan may result in the cancellation and/or modification of the

Shoreline Use Permit/License authorizing said dock.

WE understand that one member, as designated/appointed/elected in accordanc

with accepted by-laws, will act as the point of contact between the “Association”

and the US Army Corps of Engineers Hartwell Project. WE further understand that

it is a requirement to notify the Hartwell Project Office in writing of any changes to

the point of contact information, including name, mailing address, and phone

number.

WE understand that the point of contact will act on behalf of all members and that

a change in the point of contact does not relieve the Association from complying

and adhering to all applicable rules, regulations and policies related to the subject

Shoreline Use Permit/License.

WE understand the point of contact is responsible for informing

all members of

applicable rules, regulations and policies, but that failure of the point of contact to

do so does not relieve the Association from it responsibilities to comply with all

such rules, regulations and policies and does not relieve the Association from

consequences for noncompliance.

WE understand that any actions on public land related to the community dock(s)

and/or other facilities/activities must be coordinated with the US Army Corps of

Engineers, Hartwell Project prior to any work being initiated.

VI-1

WE accept this agreement the day of , 20 .

Name of Association

Printed Name – Point of Contact

Signature of Point of Contact

VI-2

This example represents a development that owns 550’ of boundary line that is

considered dockable. As a result, they qualify for a maximum 6,050 square foot

community dock (550’ X 11 sq. ft. = 6,050). Since there are 10 individual, practical lots,

the dock can have a maximum of 10 slips.

This is one of many possible options. For example, lots could be smaller, increasing total

number, or it could be a multi-residential development. Multi-residential developments

would not require fee simple strip.

215’

28’

550’

Gov’t B/L

Exhibit VII

Community Development Example

660 msl

15’ minimum depth

Underbrush Area 50% of shared

boundary line, not to exceed 400’.

This SUP has 275’ of

underbrushing.

VII-1

Exhibit VIII

The Value of Shoreline Vegetation

Shoreline vegetation is extremely important because of the many functions it serves, a few of which are outlined

below. To maintain a quality resource, sound management is necessary to protect and preserve a healthy

vegetative buffer adjacent to water bodies such as Hartwell Lake.

Shoreline Stabilization and Water Quality Protection

The roots of trees and shrubs along the shoreline help hold soils in place, preventing erosion. The layers of

vegetation present in a natural shoreline provide multiple layers of protection for the soil from the adverse

impacts of hard rainfalls by slowing the velocity of the raindrops, resulting in less impact force when they strike

the ground. The resulting slower rainfalls result in less granulation of the soil and less movement of soil

particles off site (erosion). The loss of soil nutrients is high in erosion, as the finer grained particles, which are

the first to be washed away, are also the highest in fertility. The more small soil particles preserved by a

protective buffer of shoreline vegetation, the higher the soil fertility.

Shoreline vegetation also traps sediment and pollutants, helping keep the water clean. Vegetative buffers

provide an area where chemicals, pesticides, and fertilizers can decompose, rather than placing a load on the

water body. Toxic pesticides are converted to non-toxic forms through biodegradation which occurs in the

vegetative buffer. Nitrogen applied as fertilizer can be converted into organic matter, and later decomposed and

released into the air, rather than flowing directly into the lake resulting in adverse effects to water quality.

Thermal Cover and Temperature Moderation

A vegetative buffer shields a water body from summer temperature extremes, thus moderating the temperature

of the water body. The cover of leaves and branches brings welcome shade, which provides a cooler area for

aquatic life. Cooler areas hold more dissolved oxygen, which fish need to breathe. Shoreline vegetation also

provides an area of filtration of storm water runoff, thereby increasing recharge of ground water. Later releases

of flow from ground water to the lake occurs on a gradual basis and is cooler than overland flows. The entry

of this cooler water into the lake also helps to moderate the water temperature, making it less stressful to

aquatic life.

Wildlife Habitat and Food Chain Support

Many wildlife species use shoreline areas during all or part of their life cycle. Shoreline vegetation provides

food, cover, nesting, and sanctuary for these animals. For example, 80% of the bird population around Hartwell

Lake nests within 15 feet of the ground, making underbrush vitally important to their survival. These vegetative

buffers also form the foundation of the wildlife food chain by providing a basic food source for insects and

smaller birds and animals.

In addition to the above justifications for maintaining a healthy vegetative buffer around the Hartwell Project,

shoreline vegetation is essential for maintaining the natural beauty of the lake and adding to aesthetic

enjoyment. The Corps of Engineers is committed to protecting and preserving the shoreline vegetation at

Hartwell Lake to ensure resource protection and enjoyment for future generations.

VIII-1

Exhibit IX

Approved Native Plant List

Native plants for the shoreline zone located "below" the rip-rap (zone of greatest

periodic inundation)

Common

Native

plant

Zone below rip-rap (continuous inundation)

Nursery

Plant

Nursery

Bald Cypress

Taxodium distichium

tree yes

Water Tupelo

Nyssa aquatica

tree yes

Overcup Oak

Quercus lyrata

tree yes

Button bush

Cephalanthusoccidentalis

shrub yes

Maidencane

Panicum hemitomon

grass yes

Water willow

Justicia americana

herb yes

Native plants that can be seasonally inundated (grow within rip-rap) Common Native plant

Nursery

Plant

Nursery

Black willow

Salix nigra

tree yes

Red Maple

Acer rubrum

tree yes

Tag Alder

Alnus serrulata

shrub/tree yes

River Birch

Betula nigra

tree yes

Persimmon

Diospyros virginiana

tree yes

Silky dogwood

Cornus amomium

shrub/tree yes

Summersweet

Clethra alnifolia

shrub yes

Titi

Cyrilla racemiflora

shrub yes

Scarlet mallow

Hibiscus coccineus

shrub yes

Rose mallow

Hibiscus lasiocarpus

shrub yes

Halberd-leaf mallow

Hibiscus militaris

shrub yes

Swamp Rose mallow

Hibiscus moucheutos

shrub yes

Virginia willow

Itea virginica

shrub yes

common rush

Juncus effusus

grass-like yes

Maidencane

Panicum hemitomon

grass yes

Switchgrass

Panicum virgatum

grass yes

IX-1

Native plants for the splash zone (moist soil; usually not

eroded)

Common

Native

plant

Nursery

Plant

Nursery

Boxelder

Acer negundo

tree yes

Red maple

Acer rubrum

tree yes

Chalk maple

Acer leucoderma

tree yes

Tag alder

Alnus serrulata

tree/shrub yes

River Birch

Betula nigra

tree yes

Atlantic white cedar

Chamaecyparisthyoides

tree yes

Silky dogwood

Cornus amomum

tree/shrub yes

Persimmon

Diospyros virginica

tree yes

Carolina silverbell

Halesia tetraptera

tree/shrub yes

Overcup oak

Quercus lyrata

tree yes

Water oak

Quercus nigra

tree yes

Pin oak

Quercus

hellos

tree yes

Black willow

Salix nigra

tree yes

Bald cypress

Taxodium distichium

tree yes

Button bush

Cephalanthusoccidentalis

shrub yes

Summer sweet

Clethra alnifolia

shrub yes

native mallows

Hibiscus spp

shrub yes

Wax myrtle

Myrica cerifera

shrub yes

Elderberry

Sambucuscanadensis

shrub yes

Common rush

Juncus effusus

grass-like yes

Maidencane

Panicum hemitomon

grass yes

Switchgrass

Panicum virgatum

grass yes

IX-2

Native trees for the UPLAND (soils not influenced by lake level)

Trees for canopy

Nursery

Plant

American holly Ilex opaca evergreen tree >50' yes

Eastern red cedar Juniperus virginiana evergreen tree >50' yes

Southern magnolia Magnolia grandiflora evergreen tree >50' yes

Shortleaf pine Pinus echinata evergreen tree >50' yes

Loblolly pine Pinus taedaq evergreen tree >50' yes

Virginia pine Pinus virginiana evergreen tree >50' yes

Eastern hemlock Tsuga canadensis evergreen tree >50' yes

Southern sugar maple Acer barbatum deciduous tree >50' yes

Red maple Acer rubrum deciduous tree >50' yes

River birch Betula nigra deciduous tree >50' yes

Shagbark hickory Carya ovata deciduous tree >50' yes

Beech Fagus grandifolia deciduous tree >50' yes

White ash Fraxinus americana deciduous tree >50' yes

Sweetgum Liquidambar styraciflua deciduous tree >50' yes

Tulip poplar Liriodendron tulipifera deciduous tree >50' yes

Cucumbertree Magnolia acuminata deciduous tree >50' yes

Sweet swampbay Magnolia virginiana deciduous tree >50' yes

Blackgum Nyssa sylvatica var sylvatica deciduous tree >50' yes

White oak Quercus alba deciduous tree >50' yes

Southern red oak Quercus falcata deciduous tree >50' yes

Swamp chestnut oak Quercus michauxii deciduous tree >50' yes

Willow oak Quercus phellos deciduous tree >50' yes

Shumard red oak Quercus shumardii deciduous tree >50' yes

Post oak Quercus stellata deciduous tree >50' yes

Black oak Quercus velutina deciduous tree >50' yes

Bald cypress taxodium distichum deciduous tree >50' yes

Basswood Tilia americana deciduous tree >50' yes

-3

Native understory plants for the UPLAND (soils not influenced by lake

level

)

Common

Native

plant

Nursery

Plant

Nursery

Chalk maple

Acer leucoderma

tree about 15' yes

Red buckeye

Aesculus

avia

shrub less than 15' yes

Hazel alder

Alnus serrulata

tree/shrub about 15' yes

Serviceberry

Amelanchier arborea

tree about 15' yes

Devil's walkingstick

Aralia spinosa

shrub less than 15' yes

Pawpaw

Asimina triloba

tree about 15' yes

Musclewood

Carpinus caroliniana

tree about 15' yes

Redbud

Cercis canadensis

tree about 15' yes

Fringetree

Chionanthus virginicus

tree about 15' yes

Flowering Dogwood

Cornus florida

tree about 15' yes

Parsley hawthron

Crataegus marshalli

tree/shrub about 15' yes

Common persimmon

Diospyros virginiana

tree about 15' yes

Two-winged silverbell

Halesia diptera

tree about 15' yes

Witchhazel

Hamamelis virginiana

shrub about 15' yes

Possumhaw

Ilex decidua

shrub about 15' yes

Ironwood

Ostrya virginiana

tree about 15' yes

Sourwood

Oxydendrum arboreum

tree about 15' yes

Winged sumac

Rhus copallina

shrub about 15' yes

Sassafras

Sassafras albidum

tree/shrub about 15' yes

Sparkleberry

Vaccinium arboreum

shrub about 15' yes

Yaupon holly

Ilex vomitoria

shrub about 15' yes

Florida anise

Illicium floridanum

shrub about 15' yes

Wax myrtle

Myrica cerifera

shrub about 15' yes

Wild olive (devilwood)

Osmanthus americanus

shrub about 15' yes

Red bay

Persea borbonia

tree about 15' yes

Mountain laurel

Kalmia latifolia

shrub less than 15' yes

Rosebay

rhododendron

Rhododendron maximum

shrub less than 15' yes

Bottlebrush buckeye

Aesculus

arviflora

shrub less than 15' yes

American beautyberry

Callicarpa americana

shrub less than 15' yes

Sweetshrub

Calycanthus floridus

shrub less than 15' yes

Summersweet

Clethra alnifolia

shrub less than 15' yes

Strawberrybush

Euonymus americanus

shrub less than 15' yes

Fothergilla

Fothergilla major

shrub less than 15' yes

Oakleaf hydrangea

Hydrangea quercifolia

shrub less than 15' yes

Spicebush

Lindera benzoin

shrub less than 15' yes

Yellow azalea

Rhododendron austrinum

shrub less than 15' yes

yes

IX-4

Oconee azalea

R. flammeum

shrub less than 15' yes

yes

Baker's azalea

R. bakeri

shrub less than 15' yes

yes

flame azalea

R. calendulaceum

shrub less than 15' yes

yes

plumleaf azalea

R. prunifolium

shrub less than 15'

yes

Piedmont azalea

Rhododendron canescens

shrub less than 15'

yes

Swamp azalea

Rhododendron viscosum

shrub less than 15'

yes

American snowbell

Styrax americana

shrub less than 15' yes

Arrowwood

Viburnum dentatum

shrub less than 15' yes

yes

Dwarf rhododendron

Rhododendron minus

low shrubs less than 5'

yes

Dwarf huckleberry

Gaylussacia dumosa

low shrubs less than 5'

yes

Wild hydrangea

Hydrangea arborescens

low shrubs less than 5'

yes

St Johnswort

Hypericum spp.

low shrubs less than 5' yes

Virginia willow

Itea virginica

low shrubs less than 5' yes

Mapleleaf viburnum

Viburnum acerifolium

low shrubs less than 5' yes

yes

Dog-hobble

Leucothoe axillaris

low shrubs less than 5'

yes

Native grasses for UPLAND Common

Native

plant

Nursery

Plant

Nursery

River oats Chasmanthium latifolium native grass yes yes

Deertongue grass Panicum clandestinum native grass yes

Switchgrass Panicum virgatum native grass yes yes

Plumegrass Saccharum contortus native grass yes

Indian grass Sorgastrum nutans native grass yes

Little bluestem Schizachyrium scoparium native grass yes yes

Big bluestem Andropogon gerardii native grass yes

Broomsedge Andropogon virginicus native grass yes

Pink muhly Muhlenbergia capillaries native grass yes

Purpletop Tridens flavus native grass yes yes

-5

Installation must meet or exceed National Electric Code standard for wet locations and any additional

requirements set by the Corps of Engineers as listed below.

1. All wiring on the pole must be within weatherproof electrical

conduit.

2. All electrical lines on public property must have ground fault protection.

3. If electrical service is installed on dock, a service disconnect unit must be installed on the

power pole.

4. Base of power pole must be at or above 661’ mean sea level (msl).

5. Pole is to be a non-decorative, treated post (min. 4” X 4”), 15’ maximum height.

6. Base of receptacle must be at or above 666’ msl. All switches, receptacles and light fixtures

must be approved for outdoor use in a damp/wet location.

7. Lighting must be a “down lighting” design or include “down lighting” shields.

I certify that the wiring, light pole, and fix

tures are installed and maintained in accordance with this

plan.

_________

________________________

Electrican Signature

Date

_____________

Permit Number

Exhibit X

Power Pole Certification Form

666’ msl minimum

661’ msl minimum

Existing ground

15’ maximum

State/License #______________

X-1

LOCATION OF GROUND-FAULT INTERRUPTER

All wiring on public property must be ground-fault protected. ____________

HOW ELECTRICITY IS SUPPLIED TO DOCK

Must be buried to a supply pole. Wiring extending to dock must

be approved for wet locations and originate from a receptacle/plug

at the pole. ____________

TYPE AND SIZE OF WIRING ____________

LOCATION AND TYPE OF CONDUIT

All above-ground wiring must be in approved electrical conduit. ____________

CONDUIT ATTACHMENT

Must be securely attached to dock and/or gangwalk framework. ____________

LOCATION AND TYPE OF RECEPTACLES

Land-base outlet boxes must be at 666 MSL or higher. ____________

LOCATION AND TYPE OF FIXTURES ____________

The following statement must be on the plan, signed, and dated by a state-certified electrician

and the permittee:

“I certify this electrical installation is ground-fault protected, and

materials, workmanship, and installation method meets or exceeds

the current National Electrical Code standards and Army Corps of

Engineers’ requirements for this type location.”

_________________________ _____________________________

Electrician Permittee

_________________________ _____________________________

State Certification Number Permit Number

__________________________

Date

Exhibit XI

Wiring Diagram Form

MINIMUM REQUIREMENTS FOR WIRING DIAGRAMS

The following represents the minimum information to be included on all wiring diagrams submitted for

individual boat docks. Attached is a sample

wiring diagram to be used as a guide.

Exhibit XII - Improved Walkway

Gangwalk

A 2’ radius may be

installed at corners of

turnout.

Note: Turnout is to be located

near the gangwalk and/or the

shoreline in a manner practical

for its intended use. It cannot

exceed 8’x 8’ with a 2’ radius.

Elevated Type Construction

Treated wood steps

Walkways

• Hand tools only.

• No

grading, leveling, digging

on public land.

• Concrete/asphalt cannot exceed

4” in thickness.

• Concrete must be stained an

approved color (dark brown or

black) within 30 days of

installation and color must be

maintained.

• Walkway including handrails,

anchor post & gangwalk

runners cannot exceed 6’

maximum width.

On-Grade Type Construction (side view) constructed with stacked/loose stepping stones

No cement or mortar joints. Poured Concrete Steps are NOT authorized.

Walkway Certification Agreement

I certify that I have received a copy of t

he shoreline management plan explaining the parameters/policy concerning improved

walkways. I understand the sketches shown above are examples outlining the criteria which applies to improved walkways. I also

understand the approval of my improved walkway is subject to compliance with the Hartwell Project Shoreline Management Plan.

________________________ _________ _______________

Permittee Signature Date Permit No.

XII

XIII-1

Exhibit XIII

Introduction

With 56,000 acres of water, 23,530 acres of land and a

shoreline of 962 miles, Hartwell Lake is one of the

Southeast’s largest and most popular public recreation

lakes. Sound management of this resource is necessary to

protect and preserve the project for future generations

while providing quality recreation opportunities for today’s

visitors. Management must insure a balance between

public recreation use, private lake access, and the

conservation of project resources. Management must

consider possible use conflicts between the general public

and the owners of private property adjacent to the project.

Private Use

The Shoreline Management Plan furnishes guidance for

the protection and preservation of desirable environmental

characteristics of the Hartwell Project shoreline. Copies of

the plans are available from the Project Managers Office.

Public land adjacent to the lake is delineated into

different areas of use. This designation of public land

allows specific types of private use in certain areas around

the lake. Private use is controlled through a permit/license

program which may allow individuals with approved

access to public land to construct and/or install specific

facilities, such as a boat dock, water and electric lines.

Although private facilities may be authorized, the ownership

of adjacent private land does not convey any exclusive

rights to the use of public land. The placement of

structures, or special use of public land without prior written

authorization or contrary to the terms of the authorization,

may constitute an encroachment.

An encroachment is the construction, placement, or

continued existence of any structure or item of any kind

under, upon, in, or over the project lands or waters and/or

the destruction, injury, defacement, removal or any

alteration of public property including natural formations,

historical and archaeological features, and vegetative

growth unless said activity is authorized in writing.

Past experience has proven that lot pins do not always

agree with the established boundary line. In order to pre-

vent encroachments, we advise adjacent property buyers/

owners to obtain the services of a licensed surveyor to

verify the property line prior to purchase and/or

construction. Discrepancies between private surveys and

the boundary line established by Hartwell Project

monuments must be resolved to help prevent

encroachments. Please contact the Hartwell Project Office

if you have any questions concerning the boundary line.

Preventing encroachments with accurate surveys is

always more desirable than removal and/or alteration of

houses, decks, roof overhangs and other structures.

US Army Corps

of Engineers

Savannah District

Hartwell Project

Boundary Line

Information

Boundary Line Markings

and Use of Public Land

at Hartwell Lake

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





  

    



 



 

      

 

       

          

        

       



 





 

