Private Recreation Facility Specifications
Enforcement

 

  1. One of the underlying goals of these Specifications is to protect and enhance the natural, environmental, cultural, and scenic resources within the Project Boundary and on the adjoining lands. Yadkin’s highest priority is to preserve the natural character of the shoreline as it exists today, and this is reflected in the procedures and requirements of these Specifications as well as the Stewardship Policy. Yadkin believes that most adjoining property owners appreciate the beauty and importance of a natural shoreline and will comply with these Specifications. In those instances where violations of these Specifications occur, however, Yadkin will consider those violations as serious matters. Violations of these Specifications include: (i) any failure to comply with the provisions of these Specifications, the Stewardship Policy or other applicable Yadkin procedures or requirements; and (ii) failure to obtain or to comply with written permission from Yadkin, where required, before undertaking construction or other activities.
  2. The primary sanctions for violations of these Specifications are loss of eligibility for: (i) a private (individual or shared) recreation facility permit within the Project Boundary (i.e. on a reservoir); and (ii) use of, or private access to the Project lands and waters across, the Yadkin-Managed Buffer. Yadkin will also require corrective action including but not limited to restoration and/or mitigation. Eligibility may be reinstated only where adequate restoration and/or mitigation is undertaken and Yadkin determines that reinstatement of eligibility is otherwise consistent with the underlying goals reflected in these Specifications, the Stewardship Policy, and Yadkin’s Shoreline Management Plan. Yadkin, as it deems appropriate, will consult with federal and State regulatory agencies in determining adequate restoration and/or mitigation measures.
  3. In addition, in the event of a violation of these Specifications, Yadkin, at its sole option, has the right to: (i) terminate any existing permits; and (ii) erect a barrier along the Project Boundary or across the Yadkin-Managed Buffer to restrict access to the Project lands and waters; and (iii) require, at the adjoining property owner’s sole expense, (a) removal of any piers, pathways, or other facilities and structures located within the Project Boundary or on the Yadkin-Managed Buffer, and (b) restoration and/or mitigation, up to and including restoring Project lands and waters and the Yadkin-Managed Buffer to their original condition. In addition, if the adjoining property owner fails to take the required action after notice from Yadkin, Yadkin will consider any facilities and structures remaining within the Project Boundary or the Yadkin-Managed Buffer as a trespass upon its property, and reserves the right to, at the adjoining property owner’s sole expense, remove the facilities and structures, treat them as its own property without any liability to the adjoining property owner for payment, and perform the required restoration and/or mitigation. Yadkin also may pursue any other rights or remedies, including damages, it may have in any permit, or at law or in equity.