July 1, 1999 (Revision Date: July 1, 2002)
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. This responsibility includes providing adequate public access and public recreation facilities, and protecting important natural, environmental, cultural, and scenic resources. Yadkin takes its responsibility very seriously and is committed to the protection and enhancement of these resources within the FERC-licensed Project boundary (Project Boundary) and on lands adjacent to the Project reservoirs.
Generally, the Project Boundary follows the normal full-pool elevation of the four Project 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 this Policy. 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. 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. APGI/Alcoa also owns some narrow strips of shoreline property around portions of High Rock Reservoir. Most of the High Rock shoreline strips are owned to a specified elevation. Collectively, these strips of shoreline property, to the extent they extend no more than 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.” Private access across or use of Yadkin-Managed Lands is generally not granted.
This Shoreline Stewardship Policy summarizes Yadkin’s policies, procedures, and requirements regarding use of the Project lands and waters and the Yadkin-Managed Buffer by owners of property adjoining the Project Boundary or the Yadkin-Managed Buffer (adjoining property owners) and others. Some of these have been in place for a number of years and others are new and are effective for new development platted and recorded on or after July 1, 1999. This Policy also outlines a number of voluntary measures adjoining property owners can undertake to assist in caring for the reservoirs. As shoreline property owners, APGI and Alcoa are subject to this Policy.
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 (such as gamelands) 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 launch ramps, etc.), and industrial uses/facilities, require Yadkin’s written permission. This Policy identifies the procedures that must be followed by private individuals or developers seeking Yadkin’s permission to use or occupy Project lands and waters or the Yadkin-Managed Buffer.
Any unauthorized use of, or change in the features or vegetation on, Project lands and waters or the Yadkin-Managed Buffer is prohibited and considered an encroachment. Such unauthorized activities include, but are not limited to, the following:
- construction, installation, or placement of structures, including retaining walls
- construction of roads, sidewalks, or pathways
- clearing or disturbance of land
- logging or removal of trees and vegetation
- installation of pipes and/or pumps
Although all landowners are responsible for knowing and respecting the boundaries of their own property, Yadkin has a practice of marking the property boundaries of the Yadkin-Managed Buffer and other Yadkin-Managed Lands. Yadkin regularly patrols the property boundaries to ensure that they are marked. Yadkin periodically surveys its property to confirm or redefine property boundaries, at which time new boundary markers may be installed. Yadkin also encourages adjoining property owners to undertake a survey of their property before embarking on any construction, road building, or land clearing activities on their property. When a survey is done, Yadkin requests that the adjoining property owner notify Yadkin of the survey, so that Yadkin may conduct a follow-up survey to verify and mark the common boundary. Anyone with questions about property boundaries or surveying is encouraged to contact Yadkin at 1-888-886-1063 or 704-422-5678.
Under its FERC license, Yadkin 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. For those purposes, 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) restoring the reservoir or the shoreline to its original condition. Yadkin also has the right to take similar actions against permittees for violations regarding the Yadkin-Managed Buffer and other Yadkin-Managed Lands. Enforcement is discussed in more detail in Section XIV of this Policy.
Under its permitting programs, Yadkin conditionally permits adjoining property owners with eligible lots to access and use Project lands and waters and/or the adjacent Yadkin-Managed Buffer. Private use of Project lands and waters, or private use of or access across the Yadkin-Managed Buffer, by adjoining property owners is a privilege granted by Yadkin. In exchange for this privilege, adjoining property owners must comply with all permits, this Policy, Yadkin’s Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs (Specifications for Private Recreation Facilities), Yadkin’s Subdivision Access Approval, Multi-use Facility Permitting, and Industrial Approval Procedures (Multi-use Procedures) and Yadkin’s other applicable procedures and requirements. Failure to do so is subject to enforcement as discussed in more detail in Section XIV below.
Yadkin has endeavored to make this Policy clear and useable for adjoining property owners. However, from time to time there may be questions regarding interpretation of this Policy or matters not specifically addressed by this Policy. These will be resolved by Yadkin giving due consideration to the underlying goals reflected in this Policy as well as Yadkin’s Shoreline Management Plan (SMP) filed with FERC on July 1, 1999.