III. Multi-use Facility Permitting Process
- Multi-use facilities are any public or private facilities, other than private individual or shared piers (two adjoining lot owners), for recreation or for purposes of accessing Project lands or waters.
- A multi-use facility construction permit from Yadkin is required before construction of any new multi-use facilities or modification of any existing multi-use facilities that occupy Project lands or waters or that are wholly or partly located on the Yadkin-Managed Buffer.
- Following construction, operation of these facilities requires a multi-use facility operating permit from Yadkin.
- Under its FERC license, Yadkin may authorize certain types of multi-use facilities on Project lands or waters without prior FERC notice or approval. Other facilities require prior FERC notice or approval. Table 1 summarizes the types of multi-use facilities that Yadkin may approve without prior FERC notice, those that require a 45-day prior notice to FERC, and those that require prior FERC approval. Table 1 also indicates EA and Agency Consultation Process requirements for various types of multi-use facilities. In the case of a new subdivision for which more than one multi-use facility is proposed, Yadkin will aggregate the proposed multi-use facilities and consider the combined number of watercraft that could be accommodated by the facilities in determining the applicable FERC notice or approval requirements.
Summary of Multi-use Facility Types and Required Prior FERC Notice/Approval
- A multi-use facility permittee planning any modification of an existing multi-use facility must first notify Yadkin, and Yadkin will determine prior FERC notice or approval requirements and EA or Agency Consultation Process requirements, and whether an amendment to the existing multi-use permit is required.
- Multi-Use facility construction and operating permits will be issued only to the adjoining property owner who will benefit from or be serviced by the proposed multi-use facilities. However, the adjoining property owner may designate a “contact agent” who has authority to act on behalf of the owner in any discussions with Yadkin.
- In any instance in which a governmental body operates a facility with any other entity (except Yadkin), a multi-use permit will be issued jointly to the governmental body and all such entities acting in conjunction with the governmental body. The governmental body and all such entities will be jointly and severally responsible for compliance with all terms and conditions of the permit.
- The multi-use facility permittee(s) is solely responsible for operating and maintaining the permitted facilities in compliance with all terms and conditions of the permit, the Shoreline Stewardship Policy, all applicable Yadkin procedures and requirements, and all applicable local, State, and federal laws. The permittee(s) will indemnify and hold harmless Yadkin, Alcoa, and their successors and assigns from any personal injury, property damage, losses of or damage to natural resources or the environment, or other liability resulting from the permittee’s operation of the facilities or the permittee’s failure to comply with any applicable local, State, or federal laws, as is set forth in more detail in the multi-use permit.
- A four-part process is utilized for the issuance of a permit for new multi-use facility construction and the amendment of a multi-use permit. The four parts are: 1) pre-application meeting; 2) application development; 3) construction permit; and 4) multi-use facility operating permit. Each is described below.