Appendix-CD-4_Yadkin-APGI_Shoreline_Stewardship_Policy

Appendix CD-4
Yadkin-APGI Shoreline Stewardship Policy

Appendix G – Yadkin-APGI Shoreline Stewardship Policy
July 1, 1999 (Revision Date: July 1, 2002)
I. 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. 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 game
lands) 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
• dumping
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.
II. General Stewardship Provisions
Yadkin’s highest priority under this Policy is to preserve the natural character of the
shoreline. In certain circumstances described below, Yadkin will permit modifications to
the shoreline and the Yadkin-Managed Buffer. Even where permitted by Yadkin, Yadkin
expects alterations to the shoreline and the Yadkin-Managed Buffer to be minimized, and if
such alteration will result in adverse impacts to reservoir or shoreline resources or Project
operations, these impacts must be adequately mitigated. Yadkin encourages adjoining
property owners to prepare plans for proposed development of houses, piers, yards,
pathways, and other facilities that utilize natural materials and preserve the natural
shoreline setting. Those who do so will minimize disturbance along the shoreline and will
be rewarded by the benefits and beauty of a more natural environment.
Yadkin considers installation of any permitted facilities or structures in the reservoir, along
the shoreline or on the Yadkin-Managed Buffer, to be temporary. Accordingly, Yadkin
requires that all facilities, including piers, pathways, stairs, ramps, and retaining walls, be
constructed of such materials and in such a manner that allow easy removal and restoration
of the natural shoreline. Generally, wood and uncemented rock, stone, and paving block
are the preferred materials. Concrete and masonry are not allowed.
Yadkin prohibits the operation of any equipment (vehicles, backhoes, bulldozers, skidders,
tractors, all terrain vehicles, etc.) in the reservoirs, along the shoreline, or on the Yadkin-
Managed Buffer, except by written permit.
III. 100-foot Forested Setback Requirement
A. Specifications
For all lots in new subdivisions platted and recorded on or after July 1, 1999, as a condition
of eligibility for private individual piers, shared piers, or use of, or private access to the
Project lands and waters across, the Yadkin-Managed Buffer, Yadkin requires satisfaction of
the following minimum specifications for a 100-foot forested setback:
1. All structures (including but not limited to buildings, houses, driveways, roof overhangs,
decks, porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining walls,
landscaping walls, and gazebos) must be set back at least 100 feet from the reservoir
shoreline. The setback will be maintained as a forested area. The 100-foot forested setback
will be measured along the ground surface from the normal full-pool elevation of the
reservoir to the nearest structure(s).
100-foot Forested Setback —All structures (including but not limited to buildings, houses,
driveways, roof overhangs, decks, porches, patios, cantilevered decks, stairs, posts,
columns, fences, retaining walls, landscaping walls, and gazebos) must be set back at least
100 feet from the reservoir shoreline. A septic field or well, however, will be allowed in the
100-foot forested setback to the extent that installation does not require removal of any
vegetation other than as permitted in Section III.A.5, below. In addition, the 100-foot
forested setback requirement does not apply to a pathway to a pier, an irrigation system,
etc., that has been permitted by Yadkin in accordance with this Policy. The 100-foot forested
setback will be measured along the ground surface from the normal full-pool elevation of
the reservoir to the nearest structure(s).
20-foot Construction Zone — A 20-foot-wide construction zone will be permitted to intrude
into the 100-foot forested setback to accommodate construction. Vegetation may be
removed in the construction zone, but that portion of the construction zone intruding into
the setback must be revegetated upon completion of the construction.
Vegetation Removal — Vegetation removal on the adjoining property owner’s property is
allowed within the 100-foot forested setback in accordance with Section III.A.5. No
vegetation removal is allowed on the Yadkin-Managed Buffer without a written permit
from Yadkin.
2. A septic field or well will be allowed in the 100-foot forested setback to the extent that
installation does not require removal of any vegetation other than as permitted in Section
III.A.5, below. In addition, the 100-foot forested setback requirement does not apply to a
pathway to a pier, an irrigation system, etc., that has been constructed pursuant to a written
permit issued by Yadkin in accordance with this Policy.
3. A 20-foot-wide construction zone will be permitted to intrude into the 100-foot forested
setback to accommodate construction. Vegetation may be removed in the construction
zone, but that portion of the construction zone intruding into the setback must be
revegetated upon completion of the construction.
4. Variances will be granted only when a lot is unbuildable. Unbuildable means the
inability to build the minimum size house required by the subdivision’s restrictive
covenants, or an 1,800 square foot home, if no minimum house size is specified, behind the
100-foot forested setback.
In instances where compliance with the 100-foot forested setback requirement would render
a lot unbuildable, Yadkin may, but is not required to, approve variances granting a lesser
setback on a lot-by-lot basis that would provide the maximum possible setback, which in no
case will be less than 50 feet. For lots where Yadkin approves a setback of less than 100 feet,
Yadkin will also designate an appropriate construction zone for that lot.
5. Vegetation in the 100-foot forested setback must be maintained as it existed prior to
development. To provide opportunity for improved water views, adjoining property
owners may remove some vegetation on their property in accordance with the following
criteria:
Fifty percent (50%) of vegetation less than 5 feet in height may be removed; however:
• No tree greater than 2 inches in diameter (measured 1 foot above the ground level) may
be removed.
• Within 30 feet of tributaries, ditches, swales, or drainageways that drain into the
reservoir, no living vegetation, or dead vegetation root structure may be removed.
• Dead limbs of any height may be removed on trees. Living limbs may be removed up to
a height of 8 feet above the ground.
• Fallen trees (blow-down), fallen limbs, and fallen branches may be removed, but all leaf
litter (leaves, pine needles, etc.) must remain.
• No lap trees, trees, or vegetation of any type overhanging the reservoirs or within the
reservoirs may be removed without specific permission from Yadkin.
• Any tree that poses an imminent threat to life or property may be removed.
6. In a permit to construct a private individual or shared pier (see Yadkin’s Specifications for
Private Recreation Facilities), Yadkin may allow movement or removal of identified lap
trees where necessary for construction or installation of the facilities. In cases where
movement or removal is necessary, Yadkin will require movement or removal in accordance
with its Procedures For Implementation Of Those Portions Of The Shoreline Management
Plan Relating To The Removal Or Relocation Of Lap Trees, approved by FERC on May 9,
2001.
7. For any lot in a new subdivision subject to the 100-foot forested setback requirement set
forth above, the primary sanction for failure to comply with this requirement is a loss of
eligibility for: (i) a private (individual or shared) 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. Once an adjoining property owner in a subdivision to which these
setback requirements apply has a permitted private pier, subsequent removal of vegetation
from the 100-foot forested setback, other than as allowed under the above criteria, is also
subject to enforcement as set forth in Section XIV below.
8. Removal of any vegetation from any portion of the 100-foot forested setback within the
Yadkin-Managed Buffer requires a written permit from Yadkin. For adjoining property
owners in new subdivisions who satisfy the above requirements on their property,
vegetation removal from the Yadkin-Managed Buffer will generally be considered, by
written permit, in accordance with the criteria listed under Section III.A.5, above. Failure to
secure a permit from Yadkin prior to removing any vegetation from the Yadkin-Managed
Buffer, or removal in any manner other than as permitted by Yadkin, is subject to
enforcement as set forth in Section XIV below.
9. In no case may management of the 100-foot forested setback be inconsistent with the
requirements of North Carolina’s watershed protection rules and county watershed
protection ordinances.