II. Subdivision Access Approval Process


A three-part process is utilized for the review and approval of access for planned subdivisions adjoining the Project Boundary or the Yadkin-Managed Buffer. The three parts are: 1) pre-application meeting; 2) application development; and 3) subdivision access approval notification. Each is described below.

  1. Pre-Application Meeting

    1. A subdivision developer must meet with Yadkin prior to submitting an application for subdivision access approval. This initial meeting should be held as early as possible in the planning process to avoid confusion and delay in preparing information required for the application.
    2. Prior to the meeting, the developer must complete a Pre-Application Meeting Worksheet that identifies the information that the developer is expected to bring to the meeting, including:
      1. Maps or sketches showing the location of the proposed subdivision with respect to the reservoir shoreline and existing property boundaries;
      2. General information on the proposed subdivision, including:
        1. the number of subdivision lots and the number, size, and type of other facilities involved;
        2. the anticipated need for access to Project lands or waters;
        3. the anticipated need for use of or access across the Yadkin-Managed Buffer or other Yadkin-Managed Lands;
      3. A proposed schedule for submitting the application and constructing the proposed subdivision;
      4. The name, address, and phone number of a Professional Engineer that the developer proposes to certify any planned multi-use facilities;
      5. The name, address, and phone number of the environmental professional(s) that the developer proposes to conduct the required EA.
    3. At the pre-application meeting, Yadkin will review the information on the proposed subdivision access for consistency with the Stewardship Policy and other applicable requirements, review the requirements for completing the subdivision approval process including the EA, and provide a list of reviewing agencies.

  2. Application Development

    1. A developer seeking subdivision access approval must file a completed EA or complete the Agency Consultation Process for the proposed subdivision. The Agency Consultation Process is detailed in Section VI of these Procedures. Specifications for conducting an EA are detailed in Section V of this document.
    2. An EA is required for any of the following types of subdivisions:
      1. Any subdivision with lots adjacent to a Project reservoir shoreline that is located wholly or partly within the shoreline Conservation Zone, as delineated in Yadkin’s Shoreline Management Plan (SMP, Appendix D)
      2. Any subdivision with more than 5 lots adjacent to a Project reservoir shoreline (even if the subdivision is not located in the shoreline Conservation Zone)
      3. Any subdivision adjacent to the Project reservoir shoreline with proposed multi-use facilities that, considered in the aggregate, can accommodate more than 10 watercraft
    3. EAs are not required for other types of subdivisions, but the developer must complete the Agency Consultation Process described in Section VI of this document.
    4. The EA must be prepared by a qualified environmental professional or consulting firm.
    5. The subdivision developer must submit the EA to Yadkin as part of the Subdivision Access Approval Application. A complete application must include:
      1. An Application Checklist.
      2. A completed EA or Agency Consultation Process package. Note that for proposed subdivisions, the completed EA must contain the information in Section V.A.1.a–e.
      3. A copy of the final subdivision covenants that establish the required 100-foot forested setback requirement consistent with the Stewardship Policy.
      4. Copies of all correspondence from resource agencies regarding the EA, including all comment letters, minutes of meetings with agencies, and any other information relevant to the review of the EA.
      5. Two copies of the subdivision plat map that will be recorded and approved by the county in which the subdivision is to be located.
      6. A non-refundable subdivision access approval application fee in accordance with Yadkin’s current fee schedule for subdivision applications.
    6. Yadkin will review the application for completeness. If Yadkin finds the application to be incomplete, it may request additional information from the applicant.
    7. Upon finding that an application is complete, Yadkin will determine the applicable FERC notice or approval requirements. For any aspect of the subdivision that requires prior FERC notice or approval, Yadkin will provide notice to or file a request with FERC for the proposed subdivision. The decision on whether any aspect of the proposed subdivision requires FERC approval will be made solely by Yadkin on a case-by-case basis. If prior FERC approval is required, the applicant should anticipate at least a 90-day review period by FERC.