Please complete all fields below, based on your Private Recreation Facility Permit renewal letter.
PRIVATE RECREATION FACILITY PERMIT
TERMS AND CONDITIONS
1. Yadkin Project; Buffer
. Yadkin owns and operates a hydroelectric project (the “Project”), licensed by the Federal Energy Regulatory Commission (“FERC”) under the Federal Power Act as Project License No. 2197, and within the Project boundary are certain lands and waters including High Rock, Tuckertown, Narrows and Falls Reservoirs (collectively, the “Reservoirs”). Along many areas of the Reservoir shorelines, Yadkin manages additional property which is owned by Yadkin or Alcoa Inc. (“Alcoa”), its parent company (the “Yadkin-Managed Buffer”). The Yadkin-Managed Buffer is more fully defined in the Yadkin Shoreline Stewardship Policy (the “Stewardship Policy”). Yadkin manages the Project lands and water and the Yadkin-Managed Buffer in accordance with Yadkin’s Shoreline Management Plan filed with FERC.
2. Permittee’s Land
. Permittee represents that Permittee is the owner of a tract of land (“Permittee’s Land”) whereon the permitted private recreation facility is located.
. Yadkin gives to Permittee, and Permittee accepts, permission to have and use a private pier or other facilities within the Project boundary or the Yadkin-Managed Buffer on the Permittee’s Land. Permittee may use the Permitted Facilities (including, where stated above, pathways or other access to the Permitted Facilities across the Yadkin-Managed buffer) in accordance with the Permit and applicable Yadkin policies, procedures and requirements, as added to, amended or revised from time to time, including without limitation Yadkin's Specifications for Private Recreation Facilities (the "Specifications'') and the Stewardship Policy. The Specifications and the Stewardship Policy may be obtained by request to Yadkin and were previously provided to Permittee.
. Unless sooner terminated by Yadkin in accordance with Paragraph 5 or Paragraph 8 below, the Permit will be effective for a twelve-month term from May 1 to April 30 at which time the Permit will automatically terminate. At Yadkin's option, Permittee may be issued a new Permit for a one-year term from May l to April 30 of the next year. In this case, Permittee must, if Permittee desires to receive a new Permit, sign a new permit in the form offered by Yadkin to private recreation facility permittees, a copy of which will be provided to Permittee by Yadkin. Permittee must also pay the applicable Permit Fee being charged by Yadkin for the upcoming year. The new permit and Permit fee must be received by Yadkin by April 30 of the year in question. Permittee understands that the yearly term of any new permit is subject to Yadkin's right to terminate as described in Paragraphs 5 and 8 below. Yadkin's execution of any new permit will signify its approval.
. Yadkin grants the Permit and Permittee accepts the Permit with the understanding that Yadkin may terminate the Permit at any time upon 30 days' notice mailed to Permittee at the address on file with Yadkin or by posting notice upon the Permitted Facilities. Permittee shall immediately notify Yadkin of any change in the address on file with Yadkin. In the event the Permit is so terminated before the termination date shows in Paragraph 4 above, Yadkin will refund to Permittee one-twelfth (1/12) of the Permit Fee for each full calendar month remaining in the term of the Permit. No refund will be made to Permittee if Yadkin terminates the Permit in accordance with Section 9 of the Permit.
6. Private Use
. The Permitted Facilities (may be used and enjoyed by only Permittee, and Permittee's family and invited guests, and only for their own recreational purposes. Permittee will not allow the Permitted Facilities to be used by the general public for compensation or otherwise, or for any commercial purpose.
7. Assignment; Transfer
. The Permit may not be assigned, in whole or in part, by Permittee. It will become automatically void upon any attempted assignment, foreclosure on Permittee's Land or the death of Permittee. No refund shall be made in any such event.
The permission granted to Permittee under the Permit may be transferred to a subsequent purchaser of Permittee's Land, by following the procedures set forth in the Specifications, so long as (i) the Permitted Facilities have been maintained in good repair and comply with all applicable State and local health and safety standards, (ii) Permittee has complied with the Permit, the Stewardship Policy and all other applicable Yadkin procedures and requirements, and (iii) the purchaser of Permittee's Land signs a new permit in the form required by Yadkin.
8. Compliance with Permit; Yadkin Requirements
. By accepting and agreeing to the Permit, Permittee agrees to comply with the Permit, the Specifications, the Stewardship Policy and all other applicable Yadkin procedures and requirements. Without limiting the foregoing, Permittee specifically acknowledges and agrees that:
- Under the Permit, only the Permitted Facilities are allowed within Project lands or waters or the Yadkin-Managed Buffer. No other facilities, activities or uses are permitted without Yadkin's prior written permission including but not limited to vegetation removal, installation of erosion control measures, such as retaining walls or rip rap, or any other attention of the shoreline such as excavation, dredging or fill;
- Permittee must maintain the Permitted Facilities in good repair and comply with applicable State and local health and safety requirements, and will do so in accordance with the Specifications; and
- Neither Permittee nor anyone acting for or through Permittee may discharge, dump or otherwise place or allow to enter in or upon the Project lands or waters or the Yadkin-Managed buffer any sewage, discharge from septic tanks, garbage, trash, or other waste materials.
- One of the underlying goals of the Permit, the Specifications, and the Stewardship Policy 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 terms of the Permit and the procedures and requirements of the Specifications as well as the Stewardship Policy. Yadkin believes that most permittees appreciate the beauty and importance of a natural shoreline and will comply with the Permit. In those instances where violations of the Permit occur, however, Yadkin will consider those violations as serious matters. Violations of the Permit include: (i) any failure to comply with the provisions of the Permit, the 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.
- The primary sanctions for violations of the Permit are loss of eligibility for: (i) a private (individual or shared) 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 the 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.
- In addition, in the event of a violation of the Permit, Yadkin, at its sole option, has the right, upon ten (10) days prior written notice mailed to Permittee at the address on file with Yadkin or by posting notice upon the Permitted Facilities, to: (i) terminate the Permit or any other 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 Permittee's sole expense, (a) removal of any piers, pathways, or other facilities and structures located in the Project 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 Permittee fails to take the required action after notice from Yadkin. Yadkin will consider any facilities or structures remaining within the Project boundary or the Yadkin-Managed Buffer as a trespass upon its property, and reserves the right to, at Permittee's sole expense, remove the facilities or structures, treat them as its own property without any liability to Permittee for payment, and perform the required restoration and/or mitigation. Yadkin also may pursue any other rights or remedies, including damages, arising under the Permit and any other permit, or at law or in equity.
10. Water Levels: Project Operations
. The portion of the Reservoir with respect to which the Permit is granted is an indivisible part of the Project, and the water level in the Reservoir will be subject to variations caused by the natural rise and fall of the Yadkin River, and by such rise and fall as operation of the Project facilities may make necessary or desirable. Permittee hereby releases, absolves, acquits and relieves Yadkin and Alcoa from any and all liability for damage or injury to person or property, real or personal, of Permittee or of those claiming through or under Permittee or of those enjoying the permissions granted by the Permit, arising or resulting from the construction, maintenance, or operation of the Project facilities or the use of, or operations upon, the Yadkin-Managed Buffer.
11. Ingress and Egress Across Permittee's Land
. In exchange for the permission granted herein, Permittee agrees to allow Yadkin, its employees, agents, contractors, and representatives, the right of ingress and egress across Permittee's Land at reasonable times for purposes of accessing the Yadkin-Managed Buffer or Project lands and waters, or inspecting the Permitted Facilities or verifying compliance with the Permit, the Specifications or the Stewardship Policy or other reasonable business purposes.
. APGI and Alcoa have no responsibility for, and Permittee hereby assumes and agrees to indemnify, defend and hold harmless APGI and Alcoa from and against, any violations of the terms of the Permit, and any and all injury (including death ), loss, damage, claims, demands, actions or causes of action, judgments, liability or expenses (including reasonable attorneys' fees) of any kind whatsoever, including without limitation damage or injury (including death) to person or property, real or personal (including loss of or damage to natural resources), arising from, connected with, or growing out of the existence, construction, reconstruction, repair, maintenance, modification or use of, or other activities related to the Permitted Facilities, the Yadkin-Managed Buffer, the Reservoirs, violation of the terms of the Permit or the use or enjoyment of any right or privilege granted hereunder.
13. Reservation of Rights
. The issuance of the Permit does not in any manner or to any extent limit the rights of Yadkin or Alcoa with respect to the Project lands or waters or the Yadkin-Managed Buffer. Yadkin and Alcoa have and retain the full and complete right to possess and use the Project lands and waters and the Yadkin-Managed Buffer, and to maintain the Project facilities. Permittee agrees not to assert or attempt to assert any right or claim to any of the Project lands or waters, the Yadkin-Managed Buffer or other property or rights of Yadkin or Alcoa, whether or not use or the same is granted in the Permit, and the grant of the Permit will not be deemed to vest title thereto in Permittee.
14. Expiration; Termination
. Within 30 days after expiration or termination of the Permit, Permittee must remove the Permitted Facilities and restore the Project lands and waters and the Yadkin-Managed Buffer to their condition existing prior to the granting of a permit therefor. If Permittee fails to do so within this time, Yadkin, at Yadkin's option and without limiting its other rights and remedies hereunder, at law or in equity, may remove the Permitted Facilities and restore the Project lands and waters and the Yadkin-Managed Buffer to their prior condition at the sole expense of Permittee, which Permittee will pay on demand, or may treat the Permitted Facilities as its own property without any liability to Permittee for payment.
15. FERC License
. The Permit is issued subject to the License for Project No. 2197 granted by FERC under the Order issued May 19, 1958, and to any lawful requirements of FERC related to the License.
16. Amendment; Modification
. The Permit may not be amended or modified except by an agreement in writing signed by both Yadkin and Permittee.
. Any provision of the Permit that is found to be invalid or unenforceable, in whole or in part, shall not affect the validity or enforceability of any of the other provisions.