OPERATIONAL MANAGEMENT PLAN GARRISON PROJECT APPENDIX F – SHORELINE MANAGEMENT PLAN September 2014 Table of Contents 1. Authority. ....................................................................................................................... 1 2. References. ..................................................................................................................... 1 3. Policy. ............................................................................................................................ 2 4. Description of the Shoreline. ......................................................................................... 2 5. Development of the Shoreline Management Plan. ........................................................ 3 6. Prior Commitment. ........................................................................................................ 4 7. Shoreline Allocation. ..................................................................................................... 4 8. Conditions for Changing Shoreline Allocations for Limited Development. ................. 5 9. Limited Development Area Boundary Delineation. ...................................................... 6 10. Shoreline Use Permits. ................................................................................................. 6 11. Other Shoreline Activities.......................................................................................... 10 12. Prohibited Items. ........................................................................................................ 11 13. Shoreline Use Permit Fees and Length of Term. ....................................................... 12 14. Removal of Moorage Facilities. ................................................................................. 12 15. Human Habitation. ..................................................................................................... 13 16. Compliance Inspections. ............................................................................................ 13 17. Shoreline Management Plan Review and Update. ..................................................... 13 18. Additional Considerations. ........................................................................................ 13 ATTACHMENT A – APPLICATION FOR A SHORELINE USE PERMIT ............... A-1 ATTACHMENT B – MINIMUM STANDARDS FOR WATER-BASE FACILITIES B-1 ATTACHMENT C – SHORELINE USE PERMIT CONDITIONS ............................. C-1 ATTACHMENT D – SHORELINE USE CLASSIFICATION MAPS ......................... D-1 1. Authority. The authority for the preparation of this document is contained within ER-1130-2-406, "Shoreline Management at Civil Works Projects", dated 31 October 1990, and includes change 1 dated 14 September 1992, and change 2 dated 28 May 1999. 2. References. a. Section 4, 1944 Flood Control Act, as amended (16 U.S.C. 460d). b. Section 10, River and Harbor Act of 1899, (33 U.S.C. 403). c. Act of October 29, 1949, Public Law 81-437, 63 Stat. 1026. d. Section 501, Independent Offices Appropriation Act of 1951, (31 U.S.C.9701). e. Act of September 25, 1962, Public Law 87-695, 76 Stat. 594, amended by Fort Berthold Mineral Restoration Act, Section 205, Public Law 98-602, 98 Stat. 139, 3152 (1984). f. National Historic Preservation Act of 1966 (16 U.S.C. 470 et. seq.). g. The National Environmental Policy Act of 1969 (42 U.S.C. 4231 et. seq.). h. Section 404, The Clean Water Act, (33 U.S.C 1344). i. Act of December 29, 1981, Section 6, Public Law 97-40, 95 Stat. 1718 (16 U.S.C. 460d note). j. Fort Berthold Mineral Restoration Act, Section 201-204, Public Law 98-602, 98 Stat. 3149, 3152 (1984). k. The Water Resources Development Act of 1986, Title XI, Section 1134(d), Public Law 99-602, 100 Stat. 4082 (16 U.S.C. 460d note). l. 36 U.S.C., Sections 173-176 (1988). m. Title 36, Chapter III, Part 327, Code of Federal Regulations, "Rules and Regulations Governing Public Use of Water Resource Development Projects Administered by the Chief of Engineers". n. ER 405-1-12, Chapter 8, Real Property Management. o. ER 1130-2-400, Recreation Resource Management of Civil Works Water Resource Projects. p. ER 1130-2-406, Shoreline Management at Civil Works Projects. q. Missouri River Division Lakeshore Management Policies, 16 September 1980. 1 r. Archaeological Resources Protection Act of 1979 (P.L. 96-95) (16 U.S.C. 470aa et seq.) s. American Indian Religious Freedom Act of 1978 (P.L. 95-341) (42 U.S.C. 1996 et seq.) t. Native American Graves Protection and Repatriation Act of 1990 (P.L. 101- 601) (25 U.S.C. 3001 et seq.) u. Endangered Species Act of 1973, (P.L. 93-205), as amended (16 U.S.C. 1531, et. Seq.) v. Policy for Minimum Performances and Design Requirements for Floating Structures in the Omaha District, 25 February 1997. w. Requirements for Floating and Non-Floating Dock Permits, 26 December 2000. 3. Policy. It is the policy of the Chief of Engineers to protect and manage shorelines of all Civil Works water resource development projects under Corps of Engineers jurisdiction in a manner that will promote the safe and healthful use of these shorelines by the public while maintaining environmental safeguards to ensure a quality resource for use by the public. The objectives of all management actions will be to achieve a balance between permitted private uses and resource protection for general public use. Public pedestrian access to and exit from these shorelines shall be preserved. 4. Description of the Shoreline. a. Project Location. Garrison Dam/Lake Sakakawea is located entirely within the State of North Dakota. The dam is located across the Missouri River in McLean and Mercer Counties at River Mile 1389.86. The lake extends 178 miles in a northwesterly direction almost to the Montana border and includes portions of land in McLean, Mercer, Mountrail, Dunn, McKenzie, and Williams Counties. The lake averages three miles in width, the widest point being fourteen miles. Lake Audubon, the eastern most extension of Lake Sakakawea, is separated from the lake by a causeway over which passes U.S. Highway 83. The Bureau of Reclamation operates the Snake Creek pumping station to maintain the pool elevation on Lake Audubon. Together the two lakes cover approximately 315,000 acres at a pool elevation of 1837.5 feet mean sea level (m.s.l.). At the top of the multi-purpose pool elevation of 1850.0 feet m.s.l., the two lakes cover approximately 368,000 acres. At the top of the flood control pool elevation of 1854.0 feet m.s.l, the lakes cover approximately 383,000 acres. The major water tributaries into Lake Sakakawea are the Missouri and Yellowstone Rivers. Secondary tributaries include: the Little Missouri, Little Muddy, and White Earth Rivers and Douglas and Shell Creeks. b. Project Shoreline. At the top of the multi-purpose pool elevation of 1850.0 feet m.s.l. the shoreline of the two lakes is approximately 1,600 miles in length of which 2 120 miles can be characterized as very flat, 200 miles as flat, 1,040 miles as sloping, and 240 miles as steep. At a lake elevation of 1837.5 feet, m.s.l. the shoreline length is approximately 1,340 miles. c. Present Land Use. The Corps of Engineers operates eleven recreation areas totaling 655 acres at the Garrison Project. Project lands leased as recreation areas (in acres) are as follows: North Dakota Parks and Recreation Department 2,229, county parks 1,906, city parks 1,447, Three Affiliated Tribes 773, quasi-public groups 1,329 and one commercial recreation lease 79. North Dakota Game and Fish Department lease 56,251 acres as wildlife management areas and the North Dakota National Guard licenses 965 acres for training purposes. The U.S. Fish and Wildlife Service, under permits, manage 14,735 acres of water and land as the Lake Audubon National Wildlife Refuge and 209 acres for the Garrison Dam National Fish Hatchery. Agricultural and grazing leases currently cover 18,219 acres of project lands. d. Private Development. As of January 1, 2009, there are two colony sites, nine cottage sites, and approximately 36 private development sites that adjoin or, in the case of the two colony sites, are located on project lands. There is one cottage site and two private development site adjacent to project lands at Lake Audubon. e. Existing Boating Access. There are 36 boating access areas. Within the 36 access areas there are 89 boat ramps, which provide boating access dependent upon elevation of the lake. f. Lands Within the Fort Berthold Reservation. Approximately 220,840 acres of land was acquired within the boundaries of Fort Berthold Reservation. Of this total, 152,519 acres were acquired from the Three Affiliated Tribes or Tribal members by P.L. 81-437, 68,081 acres were acquired from private ownership, and 240 acres were transferred from other Federal agencies. Since the acquisition of these lands, Congress has restored certain benefits to the Three Affiliated Tribes with regards to these lands. Included among those benefits is the ability of the Three Affiliated Tribes to graze livestock without charge on such lands as the Secretary of the Army determines are not devoted to other beneficial uses. This privilege includes the authority to lease the land for grazing purposes to both members and non-members of the Three Affiliated Tribes with such terms and conditions as prescribed by the Secretary of Interior. Congress has also restored all mineral interests in the lands acquired from the Three Affiliated Tribes for the Garrison Project. g. The Federal