IV. Industrial Uses/Facilities


Uses or facilities other than those related to recreation and adjoining property owner access to the Project are generally considered industrial uses. All industrial uses/facilities of or on Project lands and waters, the Yadkin-Managed Buffer, or Yadkin-Managed Lands require Yadkin’s prior written permission. Depending upon the proposed use/facility, under its FERC license Yadkin is required to seek prior approval from FERC or provide FERC with 45 days notice before approving the proposed industrial use/facility. In some cases, Yadkin can authorize a proposed industrial use/facility without prior FERC notice or approval but must report such authorizations to FERC annually. Table 2 summarizes the types of industrial uses/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 2 also indicates EA and Agency Consultation Process requirements for various types of industrial uses/facilities.


Table 2
Prior FERC Notice Requirements for Proposed Industrial Uses/Facilities


Yadkin requires developers of all proposed industrial uses/facilities that require prior FERC approval to prepare and submit an EA as part of its request to Yadkin for permission to use/occupy Project lands and waters or the Yadkin-Managed Buffer. In addition, an EA is required for all proposed industrial uses/facilities located wholly are partly within the shoreline Conservation Zone, as delineated in Yadkin’s Shoreline Management Plan (SMP, Appendix D). Developers of all other proposed industrial uses/facilities must conduct an Agency Consultation Process. Both the EA and Agency Consultation Process are outlined below. In addition, there may be other process/approval requirements from State agencies and local governments.