Subdivision/Multi-Use
VII. Enforcement

 

  1. One of the underlying goals of these Procedures is to protect and enhance the natural, environmental, cultural and scenic resources within the Project Boundary and on the adjoining lands. Yadkin’s highest priority is to preserve the natural character of the shoreline as it exists today, and this is reflected in the procedures and requirements of these Procedures as well as the Stewardship Policy. Yadkin believes that most adjoining property owners and developers appreciate the beauty and importance of a natural shoreline and will comply with these Procedures. In those instances where violations of these Procedures occur, however, Yadkin will consider those violations as serious matters. Violations of these Procedures include: (i) any failure to comply with the provisions of these Procedures, the Stewardship Policy, or other applicable Yadkin procedures or requirements; and (ii) failure to obtain or to comply with written permission from Yadkin, where required, before undertaking construction or other activities.
  2. The primary sanctions for violations of these Procedures are loss of eligibility for: (i) a multi-use facility permit within the Project Boundary (i.e. on a reservoir) or subdivision reservoir access approval or industrial use/facility approval; and (ii) use of, or access to the Project lands and waters across, the Yadkin-Managed Buffer. Yadkin will also require corrective action including but not limited to restoration and/or mitigation. Eligibility may be reinstated only where adequate restoration and/or mitigation is undertaken and Yadkin determines that reinstatement of eligibility is otherwise consistent with the underlying goals reflected in these Procedures, the Stewardship Policy, and Yadkin’s Shoreline Management Plan. Yadkin, as it deems appropriate, will consult with federal and State regulatory agencies in determining adequate restoration and/or mitigation measures.
  3. In addition, in the event of a violation of these Procedures, Yadkin, at its sole option, has the right to: (i) terminate any existing multi-use facility, industrial or other permits, requiring closure of the facility at the adjoining property owner’s (or developer’s) sole expense, revoke any subdivision reservoir access approval previously given to the developer if the developer is responsible for the violation, and terminate any industrial approval or rights granted; and (ii) erect a barrier along the Project Boundary or across the Yadkin-Managed Buffer to restrict access to the Project lands and waters; and (iii) require, at the adjoining property owner’s (or the developer’s) sole expense, (a) removal of any multi-use facilities and any pathways or other facilities and structures located within the Project Boundary or on the Yadkin-Managed Buffer, and (b) restoration and/or mitigation, up to and including restoring Project lands and waters and the Yadkin-Managed Buffer to their original condition. In addition, if the adjoining property owner (or the developer) fails to take the required action after notice from Yadkin, Yadkin will consider any facilities or structures remaining within the Project Boundary or the Yadkin-Managed Buffer as a trespass upon its property, and reserves the right to, at the adjoining property owner’s or the developer’s sole expense, remove the facilities or structures, treat them as its own property without any liability to the adjoining property owner or the developer for payment, and perform the required restoration and/or mitigation. Yadkin also may pursue any other rights or remedies, including damages, it may have in any permit, or at law or in equity.