RE_ _External_ Yadkin Project (P-2197) Shoreline Management Plan - Proposed revisions for review

Baker, Caroline D
From: Mcdaniel, Chonticha
Sent: Friday, March 1, 2024 8:40 AM
To: Joyce Foster; DCR - Environmental -Review; Wood, Chris J.; [e-mail]; Ellis,
John; Gledhill-earley, Renee
Cc: Melissa Rondou; Jody Smet
Subject: RE: [External] Yadkin Project (P-2197) Shoreline Management Plan - Proposed
revisions for review
Hi Joyce,
We have no objection nor additional comment on these proposed changes. Thank you for sending this out and giving us
the opportunity to review.
Chonticha McDaniel (she/her/hers)
401 Stormwater Engineer, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
chonticha. mcdaniel @deg. nc.gov
D7,-. E Q
NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Joyce Foster <[e-mail]>
Sent: Monday, February 26, 2024 10:11 AM
To: DCR - Environmental -Review <Environmental. [e-mail]>; Wood, Chris J. <[e-mail]>;
Mcdaniel, Chonticha<[e-mail]>; [e-mail]; Ellis, John <[e-mail]>;
Gledhill-earley, Renee <[e-mail]>
Cc: Melissa Rondou <[e-mail]>; Jody Smet <[e-mail]>
Subject: [External] Yadkin Project (P-2197) Shoreline Management Plan - Proposed revisions for review
Importance: High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
NCDEQ, NCWRC, NCSHPO, and USFWS-
Cube Yadkin Generation LLC (Cube Yadkin), FERC licensee of the Yadkin Hydroelectric Project (FERC No. P-2197), held a
virtual meeting with you on October 10, 2023 to discuss the High Rock Lake Association's (HRLA) proposed changes to
the Private Recreation Facility Specifications (Appendix E) in the current Yadkin Project Shoreline Management Plan
(SMP) which was submitted to the Federal Energy Regulatory Commission (FERC) in 2018 and approved in February

2019. As follow-up to our October meeting, Cube Yadkin is proposing certain changes to the Private Recreation Facility
Specifications (Appendix E) in the SMP and is hereby initiating formal consultation with your agency on the proposed
changes. Attached is a pdf file showing the proposed changes in redline (all proposed changes are in Section III.A) for
your review and comment.
Please provide your comments on the attached proposed changes no later than Wednesday, March 27, 2024.
If there is a more appropriate point of contact within your agency, please feel free to forward this email.
Thank you,
Joyce A. Foster I Director, Licensing and Compliance
Eagle Creek Renewable Energy
Mobile: [phone]
Email: [e-mail]
EAGLE CREEK
—RENEWABLE ENERGY —
This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any misdirected transmission. If you received this message in error, please notify
sender immediately and delete this message from your system. If you are not the intended recipient, you must not use, disclose,
distribute or copy any part of this message.

6 CUBE HYDRO
CAROLINAS
Yadkin Project Shoreline Management Plan (FERC No. 2197)
Appendix E: Specifications for Private Recreation Facilities at High Rock and Narrows
Reservoirs
I. General
A. These Specifications of Cube Yadkin Generation LLC (Cube Yadkin) apply to private
recreation facilities for either a single lot or two adjoining lots. All other private or public
recreation facilities are governed by the Project Subdivision Access Approval, Multi -Use
Facility Permitting, and Industrial Approval Procedures.
B. Cube Yadkin permits private recreation facilities on High Rock and Narrows reservoirs only.
No private facilities are permitted on Tuckertown or Falls reservoirs. The only new facilities
permitted are piers, and no new private recreation facilities of other types, such as boat
launch ramps or boat houses, are permitted. Based on the requirements set forth in these
Specifications and in the Yadkin Project Shoreline Stewardship Policy (Stewardship Policy),
not all lots adjacent to High Rock and Narrows reservoirs will be eligible for a private pier.
C. These Specifications should be read in conjunction with the Stewardship Policy, which
outlines the rights and responsibilities of Cube Yadkin and other stakeholders along the
reservoirs.
D. Property owners whose property adjoins High Rock or Narrows reservoirs (adjoining
property owners) must obtain a written construction permit before starting to construct a new
pier. An on -site meeting between the adjoining property owner and a Cube Yadkin
representative is mandatory before Cube Yadkin will issue a construction permit.
Modifications and repairs of existing piers also require a written construction permit from
Cube Yadkin. Modifications include any changes to the footprint, layout, or design of the
structure. Repairs are defined as fixing or repairing something that is broken, in -kind.
Certain minor repairs may not require a written permit from Cube Yadkin. Additional
guidance may be obtained from Cube Yadkin upon request.
E. Once constructed, private piers require a private recreation facility permit from Cube Yadkin.
Private recreation facility permits extend from May 1 through April 30 and must be renewed
annually.
F. All other activities undertaken in the reservoirs or along the shoreline within the Federal
Energy Regulatory Commission (FERC)-licensed Project boundary (Project boundary),
including installation or maintenance of shoreline erosion control measures, pathways, sitting
areas, utilities, or irrigation equipment; vegetation removal; and excavation require a written
activity permit from Cube Yadkin before work begins. An on -site meeting between the
adjoining property owner and a Cube Yadkin representative is mandatory before Cube
Yadkin will issue a written activity permit. See the Stewardship Policy for procedures and

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
requirements related to activity permits. In some cases, the permission for other activities
may be included in a construction permit or private recreation facility permit.
G. Private recreation facility permits, construction permits, and activity permits are of limited
duration and are terminable by Cube Yadkin according to the terms of the permit and as
provided in Section VI. To help defray the cost of administration, Cube Yadkin charges a
separate fee for each type of permit. A list of current fees may be obtained from Cube
Yadkin.
H. All new construction, modifications, repairs, vegetation removal, or other activities
undertaken must be done in compliance with these Specifications, the Stewardship Policy,
and the terms of the construction or activity permit. The adjoining property owner is
responsible for correcting or removing any structures, facilities, or activities that were not
explicitly authorized in the written permit from Cube Yadkin.
An adjoining property owner applying for a construction permit, private recreation facility
permit, or activity permit can arrange an on -site meeting with a Cube Yadkin representative
by contacting Cube Yadkin in writing at 293 NC 740 Highway, Badin, NC 28009 or by
phone at 704-422-5555. The adjoining property owner (applicant) should be prepared to
provide the following information: Name, address, telephone number, development
(subdivision), section, lot number, tax map, parcel number, and reason for the call. If you
have a question, please contact a Cube Yadkin representative.
J. An on -site meeting between the adjoining property owner and a Cube Yadkin representative
is mandatory before Cube Yadkin will issue a construction permit for a new pier. During the
on -site visit for a new pier, Cube Yadkin will make a general inspection of the planned pier
site. Cube Yadkin will review the proposed site location to determine if any National
Register of Historic Places listed or eligible sites, or unassessed properties (collectively
"historic properties") are located in close proximity to the proposed location. If no such sites
or properties are present in the immediate vicinity, impacts to historic properties will be
considered minimal and a permit can be approved. If there is a known or unassessed historic
property near the proposed location, Cube Yadkin will consult with North Carolina
Department of Natural and Cultural Resources (NCDNCR) to determine what measures, if
any, should be taken to protect that property. Cube Yadkin will assess environmental impacts
on a case -by -case basis, and resource avoidance or mitigation may be required. If Cube
Yadkin determines that effects on natural resources may be significant, consultation with the
North Carolina Wildlife Resources Commission (NCWRC) or other appropriate State or
federal resource agency may be required.
K. All adjoining lots under common deed, for use as a single residence, are considered to be one
lot.
L. The adjoining property owner's house must be under roof before a construction permit will
be granted.
2

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
M. Piers must not interfere with navigation, ingress, or egress to adjoining properties or in any
manner present a safety hazard and must be consistent with the Stewardship Policy and other
environmental values of the Project.
N. Private piers and other facilities permitted by Cube Yadkin are not to be used for docking or
mooring seaplanes (or other aircraft) or houseboats.
O. The Cube Yadkin private recreation facility permit number must be displayed somewhere on,
or in close proximity to, the permitted facility such that the permit number is clearly visible
from the water.
P. These Specifications may be revised by Cube Yadkin from time to time and the revisions
will be effective when reissued.
Q. Cube Yadkin has endeavored to make these Specifications clear and useable for adjoining
property owners. However, from time to time there may be questions regarding interpretation
of these Specifications or matters not specifically addressed by these Specifications. These
will be resolved by Cube Yadkin giving due consideration to the underlying goals reflected
in these Specifications as well as the Yadkin Project Shoreline Management Plan (SMP).
II. Existing Recreation Facilities
A. Facility Specifications
Existing, permitted private recreation facilities including piers, shared piers, boat houses,
and launch ramps that pose no environmental or public safety hazards are "grandfathered"
and are allowed to remain in place, as is, so long as (i) the owners comply with their
current permit, the Stewardship Policy, and all other applicable Cube Yadkin procedures
and requirements, and (ii) the facilities are maintained in good repair. Repair, as used here,
means to fix or mend, not to change. Any structure or portion of a structure that Cube
Yadkin deems to be posing a potential hazard to safety, navigation, or public health is a
candidate for repair or removal. The determination of the need for repair or removal will
be a judgment call on the part of a Cube Yadkin Representative. Any modifications to
existing "grandfathered" facilities require a construction permit and must meet current
specification for that facility type. Modifications include any changes to the footprint
(horizontal or vertical), layout, design, or construction material.
2. Adjoining property owners with an existing permitted pier that does not meet the standards
outlined in II.A.1, above, must correct the condition or remove the existing pier. Any
replacement structure must conform to the design specifications for new piers.
3. An adjoining property owner with an existing permitted boat house and/or launch ramp that
does not meet the standards in II.A.1, above, may be required to remove the facility. If the
boat house or launch ramp that must be removed is the only boat access facility associated
with that property, the adjoining property owner will be allowed to replace it with a new
pier that conforms to the design specifications for new piers.

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
4. An adjoining property owner either (i) seeking to modify or replace an existing permitted
pier as outlined in II.A.1 and II.A.2, above, or (ii) seeking to replace an existing permitted
boat house or launch ramp with a permitted pier as outlined in II.A.1 and II.A.3, above,
must comply with these Specifications but is exempt from minimum lot width, water depth,
and cove width requirements for new piers.
B. Permit Transfer
1. Current private recreation facility permits are transferable, so long as (i) the facilities have
been maintained in good repair, (ii) the current property owner (seller) has complied with
the current permit, the Stewardship Policy, and all other applicable Cube Yadkin
procedures and requirements, and (iii) the new property owner (purchaser) has signed a
new private recreation facility permit.
2. Prior to the sale or transfer of adjoining property, the seller or the seller's agent must
contact Cube Yadkin to request a permit transfer. Upon request, Cube Yadkin will arrange
a site visit. If (i) the facilities have been maintained in good repair, (ii) the seller has
complied with the current permit and all applicable Cube Yadkin procedures and
requirements, and (iii) all fee payments are up to date, Cube Yadkin will provide the seller
or seller's agent with a form to request transfer of the permit. In order for the transfer to be
effective, the applicable transfer fee must be paid and a new private recreation facility
permit must be completed and signed by the purchaser at the time of closing. If the
facilities are deemed not transferable, Cube Yadkin will provide the seller or the seller's
agent with a written description of repairs (up to and including replacement of the existing
structure with a compliant pier) or other actions that must be undertaken before the
facilities will be transferable.
III. New Recreation Facilities
All new private piers, including replacement structures, must meet the following specifications.
Construction of new launch ramps, boat houses, sun -decks, and other "on -pier" structures, other
than conforming boat lifts, boat lift covers, and on -pier gazebos/shelters is not permitted.
A. Individual and Shared Piers
Lot Width The adjoining property (applicant's lot) must have a minimum shoreline lot
width of 200 feet as measured by extending the adjoining property owner's side lot lines to
the normal full -pool elevation of the reservoir (623.9-foot contour (USGS datum), 655.0-
foot contour (Yadkin datum) on High Rock Reservoir and 509.8-foot contour (USGS
datum), 541.1-foot contour (Yadkin datum) on Narrows Reservoir). For subdivisions
developed prior to May 1, 1987, an individual pier may be granted for a lot with a
minimum shoreline width of 50 feet (as measured above) provided Cube Yadkin's other
minimum eligibility requirements are satisfied.
4

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
2. Water Depth — Piers must be constructed such that they have access to a minimum water
depth of 6 feet within 75 feet of the shoreline as measured from the normal full -pool
elevation of the reservoir (623.9-foot contour (USGS datum), 655.0-foot contour (Yadkin
datum) on High Rock Reservoir and 509.8-foot contour (USGS datum), 541.1-foot contour
(Yadkin datum) on Narrows Reservoir).
3. Cove Width — Piers cannot be located in coves less than 100 feet in width at normal full -
pool elevation, and piers may not extend more than 25 percent of the width of the cove at
normal full -pool elevation.
4. Piers with Floating Sections — The pier ffms-t-may have a floating section for ingress/egress
to watercraft. The remainder of the pier may include stationary and ramp sections.
5. Private Individual or Shared Pier Dimensions:
i. Total maximum pier length 75 feet or 25 percent of the width of a cove at normal
full -pool elevation, whichever is less. Cube Yadkin may require the pier to be less than
75 feet in total length for purposes of safety, navigation, and ingress/egress.
ii. Total maximum square footage — 1,100 square feet (for an individual or shared pier),
including all areas shaded by the boat(s) and the structure
iii. Stationary Walkway Section
a. Maximum width 12 feet
b. Minimum width — 5 feet
iv. Floating Section, if used
a. Minimum total area — 144 square feet
V. Ramp Section (the following only apply if the ramp is constructed of pressure treated
lumber)
a. Minimum width 4 feet
b. Maximum width — 6 feet
cMaximum length 16 feet
vi. Structural roofs over boat slips may extend over the walkway areas of the slip, not to
exceed 4 ft, to allow for structural integrity of the pier framing.
vii. All applicable County and State building requirements must be satisfied.
6. Pier Location — A pier will be located as near as possible to the middle of the applicant's
lot(s), and the pier should not encroach across the extended adjoining property owner's
side lot lines. In cases where there is aquatic vegetation (e.g., water willow) present along
the shoreline adjacent to the applicant's lot, piers must be located as far from the
vegetation as possible without encroaching on the neighboring property. In cases where
piers cannot be located away from aquatic vegetation, piers must meet the criteria
described in Section IV.
7. Pier Construction Piers must be constructed of pressure -treated lumber and pilings,
grade marked by the American Wood Preservers' Bureau. Proposals to use materials other
than pressure treated lumber will be reviewed on a case -by -case basis and may require
approval of a Material Safety Data Sheet (MSDS) from the material manufacturer and
written approval from Cube Yadkin. The construction permit will constitute written

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
approval from Cube Yadkin. Other materials must meet the standards cited in these
Specifications and must be installed according to manufacturer's specifications. Only
manufactured plastic -encased floatation devices will be permitted as floatation.
8. Handrails — Handrails are required on stationary and walkway ramp sections of the pier.
Handrails shall be a minimum of 36 inches high and shall prevent the passage of a 21-inch
sphere.
9. Reflectors — 2-inch minimum diameter blue colored reflectors must be placed at 10-foot
intervals along all sides of the pier.
10. Boat Lifts
i. Boat lifts must be w,,.untea o the floating attached to a portion of a pier or
anchored to the bottom using set posts. If the boat lift is located inside of a boat slip_
(surrounded on 3 sides by a solid structure of the pier), the lift may have supports
resting on the reservoir bottom, so long as the area affected is incorporated into the
total allowable maximum pier footprint.
ii. Boat lift covers must be pre -fabricated and designed specifically for piers. Covers
can be no more than 10 feet in height above the deck and can be used to cover the
area of the boat slip only. A cover is not considered a structural roof. No asphalt
roofing material will be allowed.
11. On -Pier Structures Gazebos/shelters may be installed over the stationary section of the
pier provided the overall square footage of the structure does not exceed 240 square feet.
Such structures must be open -sided (not screened). The roof pitch should be no more
than 3/12, with the bottom of the outer edges of the roof no less than seven feet above the
pier surface to allow for boater visibility through the structure. No asphalt roofing
material will be allowed. All applicable County and State building requirements must be
satisfied. No decks, sitting areas, or other on -roof structures will be permitted on the
gazebo/shelter.
12. Plans must be submitted for each proposed pier. Cube Yadkin reserves the right of final
approval or denial of any proposed pier design.
13. Shared pier applicants are individually and jointly responsible for compliance with these
Specifications, the Stewardship Policy, and all other applicable Cube Yadkin policies,
procedures, and requirements. Failure of one applicant to comply therewith may render
both lots ineligible for a shared pier and subject to other enforcement, as provided in
Section VI.
B. Electrical Installation
1. All electrical installations on piers must meet all applicable County and State codes
governing electrical installations and the additional requirements set by Cube Yadkin
below.
2. Installation. All work must be inspected and approved by the applicable County Inspections
Department.
6

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
3. Service Pole
i. Service poles cannot be set below the normal full -pool elevation of the reservoir
(623.9-foot contour (USGS datum), 655.0-foot contour (Yadkin datum) on High
Rock Reservoir and 509.8-foot contour (USGS datum), 541.1-foot contour (Yadkin
datum) on Narrows Reservoir).
ii. Minimum size service pole must be 6-inch square or 6-inch diameter, 12 feet high,
and anchored at least 3 feet in the ground.
iii. Preservative -treated wooden posts must be grade -marked by the American Wood
Preservers' Bureau.
4. Shoreline Breaker Box Height Must be no less than 5 feet above the 623.9-foot contour
(USGS datum), 655.0-foot contour (Yadkin datum) on High Rock Reservoir and 509.8-foot
contour (USGS datum), 541.1-foot contour (Yadkin datum) on Narrows Reservoir.
5. Receptacle Height
i. On Pier minimum 3 feet above the deck on floating section, 5 feet on stationary
section.
ii. On Service Post minimum 5 feet above the 623.9-foot contour (USGS datum),
655.0-foot contour (Yadkin datum) on High Rock Reservoir and 509.8-foot contour
(USGS datum), 541.1-foot contour (Yadkin datum) on Narrows Reservoir.
6. Lighting
i. Light poles must be preservative -treated posts, grade -marked by the American Wood
Preservers' Bureau.
ii. Lights on poles must be at least 12 feet above the ground. Lights on poles mounted on
piers must be at least 8 feet above the deck.
iii. Fixtures and lights shall not be mounted to extend beyond the outer perimeter of the
pier.
iv. All lighting must be aimed downward.
IV. Aquatic Vegetation
A. Cube Yadkin prohibits the removal or destruction of aquatic vegetation growing in the
reservoirs or along the immediate shoreline at or below the normal full -pool elevation of the
reservoir (623.9-foot contour (USGS datum), 655.0-foot contour (Yadkin datum) on High
Rock Reservoir and 509.8-foot contour (USGS datum), 541.1-foot contour (Yadkin datum)
on Narrows Reservoir). Aquatic vegetation provides very important habitat for fish and other
aquatic life forms and must not be cut, removed or any way harmed by adjoining property
owners.
B. Consistent with NCWRC guidance, Cube Yadkin may allow the construction of new piers in
shoreline areas where there is aquatic vegetation present, so long as the pier conforms to the
specifications set forth in the construction permit and the adjoining property owner complies
7

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
with the terms of an Aquatic Vegetation Agreement, which must be signed before a private
recreation facility permit will be issued. In that Agreement, the adjoining property owner
must assume responsibility for the health and viability of the aquatic vegetation beds in front
of the lot, and if it is later determined that, due to unnatural causes, more than 25 percent of
the aquatic vegetation bed has been lost, the private recreation facility permit will terminate
and the pier must be removed. A copy of the Agreement may be obtained from Cube Yadkin
upon request.
C. Cube Yadkin may, from time to time, grant written approval for the removal of certain forms
of non-native, nuisance aquatic plants. This approval will only be granted with the
concurrence of the NCWRC. The permission will only be made with the concurrence of the
NCWRC. However, removal of any aquatic vegetation of any type without written
permission from Cube Yadkin is not allowed.
V. Eligibility for Private Piers
A. Lots must meet the minimum lot width, water depth, and cove width specifications outlined
in Section III.A, above.
B. As explained in detail in the Stewardship Policy, adjoining property owners in 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,
must maintain a 100-foot forested setback.
C. Lots in certain subdivisions on Narrows Reservoir, including lots in the Uwharrie Point and
Heron Bay subdivisions, are already subject to a 100-foot building setback requirement and
tree removal restrictions (known as the "6-inch rule") established to protect Bald Eagle
habitat. These existing requirements continue to apply to these lots, except as otherwise
provided for in the Stewardship Policy.
D. For a lot in a subdivision to be eligible for a private pier, the subdivision developer must have
satisfied Cube Yadkin's applicable Environmental Assessment (EA) or Agency Consultation
Process requirements and obtained subdivision access approval as set forth in the Yadkin
Project Subdivision Access Approval, Multi -use Facility Permitting, and Industrial Approval
Procedures. In extraordinary circumstances, such as the bankruptcy of the developer, if the
developer fails to complete an EA, Cube Yadkin will consider other alternatives to
completing an EA, consistent with the SMP.
VI. Enforcement
A. One of the underlying goals of these Specifications is to protect and enhance the natural,
environmental, cultural, and scenic resources within the Project boundary. Cube 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. In those instances where violations of these Specifications occur, Cube
Yadkin will consider those violations as serious matters. Violations of these Specifications

Specifications for Private Recreation Facilities at High Rock and Narrows Reservoirs
include: (i) any failure to comply with the provisions of these Specifications, the Stewardship
Policy or other applicable Cube Yadkin procedures or requirements; and (ii) failure to obtain
or to comply with written permission from Cube Yadkin, where required, before undertaking
construction or other activities.
B. 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. Cube 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 Cube Yadkin determines that reinstatement of eligibility is otherwise consistent with the
underlying goals reflected in these Specifications, the Stewardship Policy, and the SMP.
Cube Yadkin, as it deems appropriate, will consult with federal and State regulatory agencies
in determining adequate restoration and/or mitigation measures. Cube Yadkin may also
assess a penalty fee to help defray the cost of ensuring restoration is complete.
C. In addition, in the event of a violation of these Specifications, Cube Yadkin, at its sole
option, has the right to: (i) terminate any existing permits; and (ii) erect a barrier along the
Project boundary 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, and (b) restoration and/or
mitigation, up to and including restoring Project lands and waters to their original condition.
In addition, if the adjoining property owner fails to take the required action after notice from
Cube Yadkin, Cube Yadkin will consider any facilities and structures remaining within the
Project boundary 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. Cube Yadkin also may pursue any other rights or
remedies, including damages, it may have in any permit, or at law or in equity.
VII. Activity Permits
Adjoining property owners seeking permission to undertake any activity within the Project
boundary must obtain a written activity permit from Cube Yadkin. The Stewardship Policy sets
forth the requirements for these activities, including installation of private irrigation systems,
vegetation removal, shoreline stabilization measures, and excavation.
0

Baker, Caroline D
From: Joyce Foster <[e-mail]>
Sent: Monday, February 26, 2024 10:11 AM
To: DCR - Environmental -Review; Wood, Chris J.; Mcdaniel, Chonticha;
[e-mail]; Ellis, John; Gledhill-earley, Renee
Cc: Melissa Rondou; Jody Smet
Subject: [External] Yadkin Project (P-2197) Shoreline Management Plan - Proposed revisions
for review
Attachments: Appendix E_Yadkin SMP-Proposed revisions to 2018 SMP.pdf
Importance: High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
NCDEQ, NCWRC, NCSHPO, and USFWS-
Cube Yadkin Generation LLC (Cube Yadkin), FERC licensee of the Yadkin Hydroelectric Project (FERC No. P-2197), held a
virtual meeting with you on October 10, 2023 to discuss the High Rock Lake Association's (HRLA) proposed changes to
the Private Recreation Facility Specifications (Appendix E) in the current Yadkin Project Shoreline Management Plan
(SMP) which was submitted to the Federal Energy Regulatory Commission (FERC) in 2018 and approved in February
2019. As follow-up to our October meeting, Cube Yadkin is proposing certain changes to the Private Recreation Facility
Specifications (Appendix E) in the SMP and is hereby initiating formal consultation with your agency on the proposed
changes. Attached is a pdf file showing the proposed changes in redline (all proposed changes are in Section III.A) for
your review and comment.
Please provide your comments on the attached proposed changes no later than Wednesday, March 27, 2024.
If there is a more appropriate point of contact within your agency, please feel free to forward this email.
Thank you,
Joyce A. Foster I Director, Licensing and Compliance
Eagle Creek Renewable Energy
Mobile: [phone]
Email: [e-mail]
EAGLE CREEK
—RENEWABLE ENERGY —
This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any misdirected transmission. If you received this message in error, please notify
sender immediately and delete this message from your system. If you are not the intended recipient, you must not use, disclose,
distribute or copy any part of this message.

Baker, Caroline D
From: Jody Smet <[e-mail]>
Sent: Wednesday, October 4, 2023 11:24 AM
To: Mcdaniel, Chonticha; Wood, Chris J.; Ellis, John; Gledhill-earley, Renee
Cc: Joyce Foster; Karen Baldwin; Keith Hendrickson; Patrick Bearden; Melissa Rondou
Subject: [External] RE: Yadkin Project Shoreline Management Plan (SMP)
Importance: High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Agencies, please respond to the meeting poll as soon as you can.
Yadkin team — please respond as well.
Thanks, Chonticha for responding!
Jody J. Smet, AICP
Chief Compliance Officer
Senior Vice President Regulatory Affairs
Eagle Creek Renewable Energy
From: Jody Smet
Sent: Monday, October 2, 2023 2:48 PM
To: Mcdaniel, Chonticha<[e-mail]>; Wood, Chris J. <[e-mail]>; John Ellis
<[e-mail]>; Gledhill-earley, Renee <[e-mail]>
Cc: Joyce Foster <[e-mail]>; Karen Baldwin <[e-mail]>; Keith
Hendrickson <Keith.Hendrickson @eaglecreekre.com>; Patrick Bearden <[e-mail]>; Melissa
Rondou <[e-mail]>
Subject: Yadkin Project Shoreline Management Plan (SMP)
NCDEQ, NCWRC, NCSHPO, and USFWS —
Cube Yadkin Generation, LLC, FERC licensee of the Yadkin Project (P-2197), filed an updated Shoreline Management Plan
(SMP) with the Federal Energy Regulatory Commission (FERC) in 2018. FERC approved the SMP in February 2019. The
next review of the SMP is not due until 9/22/2028 (and every 10 years thereafter); however, the High Rock Lake
Association (HRLA) is proposing several changes to the Private Recreation Facility Specifications (current version at
Microsoft Word - Yadkin SMP Appendix E Private Recreation Facility Specifications 9-24-2018 FINAL
(cubecarolinas.com)). Cube Yadkin would like to meet with you, as a representative of your agency, virtually, to discuss
the proposed changes, before we decide whether to formally consult. If there is a more appropriate POC within your
agency, please feel free to forward this email.
Please indicate your availability for a meeting using the following link - Yadkin SMP Meeting Poll.
Thank you,
Jody J. Smet, AICP
Chief Compliance Officer

Senior Vice President Regulatory Affairs
Eagle Creek Renewable Energy
7315 Wisconsin Ave I Suite 1100W I Bethesda, MD 20814
Mobile: [phone]
Email: [e-mail]
This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any misdirected transmission. If you received this message in error, please notify
sender immediately and delete this message from your system. If you are not the intended recipient, you must not use, disclose,
distribute or copy any part of this message.

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Baker, Caroline D
From:
Jody Smet <[e-mail]>
Sent:
Thursday, October 12, 2023 12:54 PM
To:
State Clearinghouse; DCR - Environmental_Review; Munzer, Olivia; Wood, Chris J.;
Biles, Lyn; Higgins, Karen; Mcdaniel, Chonticha; Patterson, Dwayne;
[e-mail]; Ellis, John; CharlotteNCREG1 @usace.army.mil;
[e-mail]; ann.brownleel @gmail.com;
[e-mail]; [e-mail]; [e-mail]
Cc:
Joyce Foster; Karen Baldwin
Subject:
[External] Yadkin Shoreline Management Plan (SMP) - Yachtsman's Point, High Rock
La ke
Attachments:
Yachtsmans_Point_EA_DEC_2000.pdf; YachtsmansPointLotMap.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Agencies:
Yachtsman's Point was proposed and permitted under the Yadkin Shoreline Management Plan (Subdivision Access
Approval Procedures) in the 2000-2001 timeframe. The Subdivision Access Approval Procedures in the SMP remain
largely unchanged from the 1999 version of the SMP. In December 2000, KEJ Marketing Co., Inc. submitted a required
Environmental Assessment (EA) for the proposed subdivision access as well as evidence of the required Agency
consultation (and any necessary permits) - attached. The December 2000 Environmental Assessment proposed 23
individual piers (Phase 1 Lots 910-13; 15-16; 29-39; 41-42; and 53 and Phase II Lots Al and 22-23) and 13 shared piers
(Phase 1 Lots 945/46; 47/48; 49/50; 51/52 and Phase II Lots# 2/3; 6/7; 8/9; 18/19; 20/21; 33/34; 35/36; 37/38; and 39/40).
This is the access plan that was environmentally assessed and reviewed and approved by state and federal resources, and
ultimately, Alcoa Power Generating Inc. (APGI).
Cube Yadkin, APGI's successor, continues to permit piers within Yachtsman's Point in accordance and compliance with
the subdivision access approval (circa 2001). Cube Yadkin recently received a request from two Yachtsman's Point
homeowners (lot 47, parcel 906040130000047, and lot 48, parcel 906040B0000048 in Davidson County) to be permitted
to build individual piers rather than a single shared pier, as previously assessed and reviewed in the 2001 EA. Both
properties meet the eligibility requirements of lot width, cove width, and water depth for private piers. These lots fall
within an area proposed to have shared piers between every two lots (i.e., 8 lots, 4 shared piers total). Shared piers, rather
than individual piers, were proposed in this area to be low -impact due to the proximity to sensitive natural areas (wetlands
and bald eagle roosting habitat), and due to shoreline being classified as high probability for cultural resources.
In accordance with the SMP, Cube Yadkin is consulting with you about the potential cumulative impact of permitting lots
identified to have shared piers to have individual piers (within Yachtsman's Point and in other subdivisions across High
Rock and Badin lakes). With this in mind, we would like you to review and comment on the specific proposal to allow
Lots 47 and 48 within Yachtsman's Point to have private piers. Additionally, if we set this precedent in this subdivision,
others having shared piers will likely request similar treatment.
Please respond with any comments in the next 30 days.
Thank you for your time and consideration.
Jody J. Smet, AICP
Chief Compliance Officer
Senior Vice President Regulatory Affairs
Eagle Creek Renewable Energy

7315 Wisconsin Ave I Suite 1100W I Bethesda, MD 20814
Mobile: [phone]
Email: [e-mail]
This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any misdirected transmission. If you received this message in error, please notify
sender immediately and delete this message from your system. If you are not the intended recipient, you must not use, disclose,
distribute or copy any part of this message.

Baker, Caroline D
From: Jody Smet <[e-mail]>
Sent: Monday, October 2, 2023 2:48 PM
To: Mcdaniel, Chonticha; Wood, Chris J.; Ellis, John; Gledhill-earley, Renee
Cc: Joyce Foster; Karen Baldwin; Keith Hendrickson; Patrick Bearden; Melissa Rondou
Subject: [External] Yadkin Project Shoreline Management Plan (SMP)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
NCDEQ, NCWRC, NCSHPO, and USFWS—
Cube Yadkin Generation, LLC, FERC licensee of the Yadkin Project (P-2197), filed an updated Shoreline Management Plan
(SMP) with the Federal Energy Regulatory Commission (FERC) in 2018. FERC approved the SMP in February 2019. The
next review of the SMP is not due until 9/22/2028 (and every 10 years thereafter); however, the High Rock Lake
Association (HRLA) is proposing several changes to the Private Recreation Facility Specifications (current version at
Microsoft Word - Yadkin SMP Appendix E Private Recreation Facility Specifications 9-24-2018 FINAL
(cubecarolinas.com)). Cube Yadkin would like to meet with you, as a representative of your agency, virtually, to discuss
the proposed changes, before we decide whether to formally consult. If there is a more appropriate POC within your
agency, please feel free to forward this email.
Please indicate your availability for a meeting using the following link - Yadkin SMP Meeting Poll.
Thank you,
Jody J. Smet, AICP
Chief Compliance Officer
Senior Vice President Regulatory Affairs
Eagle Creek Renewable Energy
7315 Wisconsin Ave I Suite 1100W 1 Bethesda, MD 20814
Mobile: [phone]
Email: [e-mail]
This message is intended only for the named recipient and may contain confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any misdirected transmission. If you received this message in error, please notify
sender immediately and delete this message from your system. If you are not the intended recipient, you must not use, disclose,
distribute or copy any part of this message.