Subdivision/Multi-Use
III. Multi-use Facility Permitting Process

1. Yadkin will determine whether to issue a multi-use facility construction permit based on its review of the application package and, where applicable, FERC’s response to the prior notice or Yadkin’s request for prior approval. Yadkin’s determination will be based, in part, on the following criteria:
1. Proposed facilities meet the following specifications:
1. Proposed facilities will generally not encroach or extend into Project waters more than 1/4 of the distance to the opposite shoreline or more than 120 feet into Project waters, whichever is less; and in no case will proposed facilities extend further into the water than is necessary to achieve the intended use;
2. Proposed facilities will meet Yadkin’s minimum water depth requirements (8-foot minimum water depth at normal full-pool elevation) such that the minimum water depth is available to all proposed slips or along all portions of the facilities intended for docking watercraft;
2. Piers, boat docks, and marinas incorporate the use of floating sections such that the facilities will remain functional under normal fluctuations in reservoir water levels that occur during the recreation season;
3. Proposed facilities are otherwise consistent with Yadkin’s policies for shoreline development and will adequately meet their intended purpose;
4. The proposed multi-use facilities will not adversely impact the reservoir and shoreline environment, or the developer has proposed measures to adequately mitigate any adverse environmental impacts;
5. The proposed multi-use facilities will not adversely impact any significant cultural resources located in the reservoirs or along its shoreline, or the developer has proposed measures to adequately mitigate any adverse impacts to cultural resources;
6. The proposed facilities adequately address safety impacts and will not unduly impede or restrict public use of, or access to, the Project reservoirs;
7. Proposed facilities have been reviewed by federal and State resource agencies and the reviewing agencies have indicated that they have no concerns, or that their concerns have been adequately addressed by the applicant;
8. Proposed facilities providing for the sale of petroleum products will, at a minimum, comply with all applicable federal, State, and local regulations and will be installed to ensure that adverse environmental and safety impacts are avoided;
9. In the case of proposed facilities that require prior FERC notice or approval, Yadkin finds acceptable any requirements or conditions imposed by FERC.
10. The developer has provided Yadkin with a certificate of insurance evidencing that it carries insurance in the amount and form required by Yadkin.
2. Yadkin reserves the right to make case-by-case determinations in situations that are not explicitly covered by these Procedures.
3. When issued, the multi-use facility construction permit will be mailed to the applicant. If the application is denied, a written statement will be mailed to the applicant stating the reasons for denial. An applicant may reapply for a multi-use facility construction permit at any time. An applicant can also request a meeting with Yadkin to discuss the reasons for application denial and steps, if any, that the applicant may take to improve the application.
4. Upon receipt of the construction permit, the applicant must secure a county building permit. Construction may not begin until Yadkin has received from the applicant a copy of the approved county building permit.
5. Approved new construction, or modification of existing multi-use facilities, must be completed within 18 months from the issuance of the construction permit or within such other time frame as may be stated in the construction permit.
6. An extension of time, not to exceed 1 year, may be granted at Yadkin’s discretion in response to a written request from the permittee, including justification for the requested extension.
7. Yadkin reserves the right to modify a construction permit to include additional or modified standards and requirements at the time of the permit extension, if the applicable standards and requirements have been modified since the issuance of the original construction permit.
8. The permittee must notify Yadkin when construction is completed.