Subdivision/Multi-Use
I. Overview

 

A. General

 

The Yadkin Project (Project) includes four reservoirs:High Rock, Tuckertown, Narrows (Badin Lake), and Falls.The Project is licensed by the Federal Energy Regulatory Commission (FERC) as project number 2197.As a FERC licensee, Alcoa Power Generating Inc. (APGI), through its Yadkin Division(Yadkin), operates and manages the Project reservoirs in accordance with the terms of its license and the applicable rules and regulations of FERC.These responsibilities include providing adequate public access and public recreation facilities and protecting important natural, environmental, cultural, and scenic resources.

 

These Procedures apply to subdivisions adjoining the FERC-licensed Project boundary (Project Boundary) or the Yadkin-Managed Buffer (defined below) and multi-use facilities and industrial uses/facilities within the Project Boundary, on the Yadkin-Managed Buffer, or on Yadkin-Managed Lands (defined below). Generally, the Project Boundary follows the normal full-pool elevation of the four reservoirs. Any land or waters lying within the Project Boundary are regulated by FERC through the terms of the Project license and are covered under these Procedures. Property owned by APGI, or its parent company, Alcoa Inc. (Alcoa), includes the land below the waters of the reservoirs and the generating facilities.

 

In addition, along many areas of the reservoir shorelines, Yadkin manages property that is owned by APGI or Alcoa. In some cases, this ownership is a narrow strip of shoreline property. Often, ownership of these shoreline parcels is to a specific elevation contour and, therefore, the width of these parcels can vary considerably depending on the shoreline topography. On Narrows Reservoir, APGI/Alcoa owns a narrow strip of shoreline property around nearly the entire reservoir, generally to an elevation of 545.0 feet (Yadkin datum), approximately 4 vertical feet above the normal full-pool elevation of the reservoir. APGI/Alcoa also owns some narrow strips of shoreline property around portions of High Rock Reservoir. Most of the High Rock shoreline strips are also owned to a specified elevation. Collectively, these strips of shoreline property, up to 100 feet from the Project Boundary, are considered "Yadkin-Managed Buffer."

 

In other areas, APGI/Alcoa owns shoreline property that extends back from the water a considerable distance. In these areas, the first 100 feet of shoreline property from the normal full-pool elevation of the reservoirs is also considered "Yadkin-Managed Buffer." All other APGI/Alcoa lands more than 100 feet from the Project Boundary are referred to as "Yadkin-Managed Lands."

 

Yadkin allows public access to Project lands and waters, so far as consistent with the proper operation of the Project, and also to portions of the Yadkin-Managed Buffer for purposes of navigation and recreation, including fishing and hunting. All other uses of the Project lands and waters, or the Yadkin-Managed Buffer, including the development of private access, subdivision access, multi-use recreation facilities (marinas, boat docks, fishing piers, boat launches, etc.), and industrial uses/facilities, require Yadkin’s written permission. Private access across or other use of Yadkin-Managed Lands is generally not granted. These Procedures outline the steps that must be taken by developers seeking Yadkin’s permission to use or occupy Project lands and waters or the Yadkin-Managed Buffer or to develop a subdivision where private access requests are anticipated.

 

In addition, Yadkin has adopted a Shoreline Stewardship Policy (Stewardship Policy), which summarizes Yadkin’s policies, procedures, and requirements regarding use of the Project lands and waters and the Yadkin-Managed Buffer. Developers are encouraged to obtain a copy of the Stewardship Policy and familiarize themselves with the Policy and the procedures and requirements that developers and owners of adjoining property and others must comply with in order to maintain eligibility to construct, maintain, and/or operate facilities within the Project Boundary or the Yadkin-Managed Buffer.

 

Under its FERC license, AGPI, through its Yadkin Division has the authority to grant permission for certain types of use and occupancy of Project lands and waters and to convey certain interests in Project lands and waters. However, this can be done only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the Project. Therefore, Yadkin has the continuing responsibility to supervise and control the uses and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with, the covenants of the instrument of conveyance for any interests that it has conveyed under its FERC license. If a permitted use or occupancy violates any condition of Yadkin’s FERC license or any other condition imposed by Yadkin for the protection and enhancement of the Project’s scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of its FERC license is violated, Yadkin will take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary, (i) canceling permission to use and occupy Project lands or waters, (ii) requiring the removal, at the permittee’s sole expense, of any non-complying structures and facilities, and (iii) appropriate restoration and/or mitigation, up to and including restoring Project lands and waters and the Yadkin-Managed Buffer to their original condition. Yadkin also has the right to take similar actions for violations regarding the Yadkin-Managed Buffer and other Yadkin-Managed Lands. Enforcement of these Procedures is discussed in more detail in Section VII, below.

 

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