20120900 Ver 2_SMP_Sec 7_Rev_07-23-2018_20180801

7.0 SHORELINE MANAGEMENT
7.1 Reservoir Management Priorities
The Yadkin Project reservoirs support many environmental and natural resources and provide a wide array
of recreational use opportunities. At the same time, the individual reservoirs are distinctly different with
characteristics and opportunities unique to each.
High Rock is the largest of the four reservoirs, with meandering character and many large tributary arms.
The upper end of High Rock Reservoir (above I-85) is very narrow and shallow, and retains much of the
character of a slow, meandering river. Below I-85, the reservoir widens somewhat, and the resulting area
of broad shallow waters with sediment deposits and sand bars has created a large wetland complex that
provides premier habitat for waterfowl, wading birds, fish, and other wildlife. The upper reaches of High
Rock Reservoir are generally undeveloped while the middle and lower portions are more developed.
Beginning at Swearing Creek, the reservoir shoreline is heavily developed. The larger tributary
embayments on High Rock Reservoir, including Abbotts Creek, Crane Creek, Swearing Creek, Flat
Swamp Creek, and Dutch Second Creek, are also heavily developed.
Tuckertown Reservoir is riverine in nature and largely undeveloped. Tuckertown Reservoir has several
unique habitat areas and extensive areas of complex wetlands located throughout the reservoir. A majority
of the shoreline around Tuckertown Reservoir is undeveloped. The railroad parallels nearly the entire
eastern shore of the reservoir, which significantly limits future shoreline development opportunity.
Of the four reservoirs, Narrows is most like a typical lake in character. Like High Rock Reservoir, it has
some long narrow tributary embayments, but most of the reservoir is broad and open. Narrows Reservoir
is comprised of two major basins, the east arm and west arm, which are divided down the middle by the
Uwharrie Point peninsula. Narrows Reservoir is moderately developed; however, the reservoir still
supports some large areas of natural shoreline. A unique feature of the reservoir shoreline is the Uwharrie
National Forest, which accounts for approximately 10 miles of undeveloped forested shoreline on the
eastern side of the reservoir. Like High Rock, most of the development along Narrows is residential
development.
Falls Reservoir is by far the smallest and most natural in character of the four reservoirs. Falls Reservoir
occupies a forested, gorge -like setting. The reservoir is narrow and deep with a steep shoreline. Other than
the land immediately around the dam, powerhouse and two Project recreation sites, there is no development
along the reservoir shoreline. Falls Reservoir is bordered on the east by the Uwharrie National Forest.
Cube Yadkin has established the following management priorities for the Project reservoirs:
• Protect the wetland complex, located at the upper end of High Rock reservoir, as habitat for fish
and wildlife.
• Protect significant natural areas along the reservoir shorelines, including bald eagle and great blue
heron nesting habitat.
• Protect the reservoir fishery by preserving wetlands and areas of aquatic vegetation.
• Protect remaining areas of natural shoreline in the middle and lower portions of High Rock
Reservoir.
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• Protect historic properties, including any known National Register of Historic Places listed or
eligible sites, or unassessed properties.
• Encourage low -impact recreational use of the Tuckertown Reservoir shoreline and monitor
recreation use of the reservoir shoreline.
• Protect the natural undeveloped shoreline of Narrows Reservoir located adjacent to the Uwharrie
National Forest.
• Protect water quality by protecting wetlands including submergent and emergent aquatic
vegetation.
• Permit additional development on the High Rock and Narrows Reservoir shorelines only in areas
that can best accommodate increased use and associated environmental impacts.
• Protect the natural character of the Tuckertown and Falls Reservoir shorelines. Prohibit the
installation of private access/recreation facilities on the reservoirs.
• Protect reservoir and shoreline areas inhabited by rare species or habitats.
• Encourage low -impact recreational use of Falls Reservoir, such as bank fishing, in suitable areas.
• Monitor recreational use.
7.2 Shoreline Management
Land use around High Rock, Tuckertown, Narrows, and Falls reservoirs were assigned to one of five land
use classifications as described in Section 3. A Conservation Zone overlay was defined for the entire
Project shoreline, which designates areas requiring special protection because they support important
habitat or important natural and cultural resources. Land use classifications and the Conservation Zone
overlay for the High Rock, Tuckertown, Narrows, and Falls reservoirs are shown in Appendix A and
Appendix D, respectively.
The Conservation Zone overlay identifies lands that support important habitat or natural and cultural
resources that require special consideration or protection for specific Project purposes, including to:
protect environmentally sensitive areas; maintain aesthetic qualities; provide for nature study; and prevent
overcrowding of partially developed shoreline. If a proposed use or activity is located wholly or partly
within the shoreline Conservation Zone as delineated in Appendix D, an Environmental Assessment (EA) is
required as well as Agency Consultation. If potential impacts to that resource cannot be avoided, offset, or
mitigated, then the proposed use or development may not be permitted.
The portion of the Project shoreline that has not been designated as Conservation Zone does not mean that
the resources in these areas do not need to be protected or mitigated, but it does suggest that any resources
that exist in those areas may be more readily avoided or mitigated.
Regardless of an area's designation, potential impacts to identified resources from proposed development
will have to be avoided or mitigated to the satisfaction of State and federal resource agencies. However, it
is anticipated that mitigation requirements in the Conservation Zone will be significantly greater than
mitigation that may be required for proposed development outside the Conservation Zone.
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Of the total 538 shoreline miles found along the Project reservoirs, approximately 196 miles, or 36 percent,
have been designated as Conservation Zone (Table 7.1). By far, the largest areas of shoreline Conservation
Zone are found on Tuckertown Reservoir and Falls Reservoir.
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Table 7.1
Percentage of Shoreline as Conservation Zone
7.3 Shoreline Development Permitting Process
In accordance with the requirements of its FERC license, Cube Yadkin has established processes for
reviewing and permitting private recreation facilities and multi -use facilities within the Project boundary.
Cube Yadkin also has established procedures for approving subdivision access and for reviewing and
approving industrial uses and/or facilities. Cube Yadkin permission is required for any facility located
within the Project reservoirs or along the shoreline within the Project boundary. These permitting processes
are the means by which all decisions on shoreline development are based. Cube Yadkin will occasionally
issue guidance documents to provide additional clarification to its permitting processes.
Cube Yadkin considers shoreline facilities in two broad categories, private recreation facilities and multi-
use facilities. Private recreation facilities include all facilities owned by individual adjoining property
owners (e.g., individual piers), as well as piers shared by two adjoining property owners (e.g., shared
piers). All other facilities are considered multi -use facilities, a category that includes all facilities, private
and public, designed for group or community use. Uses or facilities other than those for recreation or for
purposes of access to Project lands and waters are generally considered industrial uses and/or facilities.
7.3.1 Private Recreation Facilities
Cube Yadkin's private recreation facility permitting program includes provisions for reviewing the
proposed construction and use of individual and shared piers within the Project boundary. Cube Yadkin's
requirements for private recreation facilities are contained in its Specifications for Private Recreation
Facilities at High Rock and Narrows Reservoirs (Specifications), Appendix E. In general, the
Specifications require that adjoining property owners obtain a construction permit to install the facilities
and an annual permit for the continued use of these facilities (see Appendix E). Permit fees collected by
Cube Yadkin are used to help defray the costs of administering the private recreation facility permitting
program. A current fee schedule is available from Cube Yadkin.
Cube Yadkin is not required by FERC to allow private access to the Project. In exchange for private
access to, and use of Project lands and waters, Cube Yadkin requires that private recreation facility permit
holders abide by the Shoreline Stewardship Policy and all other applicable Cube Yadkin procedures and
requirements, and maintain their facilities in good repair. Failure of any permittee to abide by all
applicable Cube Yadkin procedures and requirements may result in loss of the private recreation facility
permit, as set forth in the Specifications (Appendix E).
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High Rock
Tuckertown
Narrows
Falls
Project
Total
Shoreline Miles
360
75
97
6
538
Conservation Zone
106
60
25
5
196
(miles)
Conservation Zone
29.4%
80%
25.8%
83.3%
36.4%
(percent)
7.3 Shoreline Development Permitting Process
In accordance with the requirements of its FERC license, Cube Yadkin has established processes for
reviewing and permitting private recreation facilities and multi -use facilities within the Project boundary.
Cube Yadkin also has established procedures for approving subdivision access and for reviewing and
approving industrial uses and/or facilities. Cube Yadkin permission is required for any facility located
within the Project reservoirs or along the shoreline within the Project boundary. These permitting processes
are the means by which all decisions on shoreline development are based. Cube Yadkin will occasionally
issue guidance documents to provide additional clarification to its permitting processes.
Cube Yadkin considers shoreline facilities in two broad categories, private recreation facilities and multi-
use facilities. Private recreation facilities include all facilities owned by individual adjoining property
owners (e.g., individual piers), as well as piers shared by two adjoining property owners (e.g., shared
piers). All other facilities are considered multi -use facilities, a category that includes all facilities, private
and public, designed for group or community use. Uses or facilities other than those for recreation or for
purposes of access to Project lands and waters are generally considered industrial uses and/or facilities.
7.3.1 Private Recreation Facilities
Cube Yadkin's private recreation facility permitting program includes provisions for reviewing the
proposed construction and use of individual and shared piers within the Project boundary. Cube Yadkin's
requirements for private recreation facilities are contained in its Specifications for Private Recreation
Facilities at High Rock and Narrows Reservoirs (Specifications), Appendix E. In general, the
Specifications require that adjoining property owners obtain a construction permit to install the facilities
and an annual permit for the continued use of these facilities (see Appendix E). Permit fees collected by
Cube Yadkin are used to help defray the costs of administering the private recreation facility permitting
program. A current fee schedule is available from Cube Yadkin.
Cube Yadkin is not required by FERC to allow private access to the Project. In exchange for private
access to, and use of Project lands and waters, Cube Yadkin requires that private recreation facility permit
holders abide by the Shoreline Stewardship Policy and all other applicable Cube Yadkin procedures and
requirements, and maintain their facilities in good repair. Failure of any permittee to abide by all
applicable Cube Yadkin procedures and requirements may result in loss of the private recreation facility
permit, as set forth in the Specifications (Appendix E).
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Modifications of and repairs to existing private piers also require a written construction permit from Cube
Yadkin (see Appendix E). 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.
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 NCWRC or other appropriate State or federal resource agency may be
required.
Additionally, Cube Yadkin will review the proposed site location to determine if any known National
Register of Historic Places listed or eligible sites, or unassessed properties (collectively "historic
properties"') are located in close proximity to the proposed location (discussed in Section 6). 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 NCDNCR to determine what measures, if any, should be
taken to protect that property.
Cube Yadkin will revisit the site post -construction to ensure that the facility was constructed, or the activity
was undertaken, in accordance with the terms of the permit.
7.3.2 New Multi -use Facilities
Cube Yadkin has also established a program for reviewing and permitting multi -use facilities (see
Subdivision Access Approval, Multi -use Facility Permitting, and Industrial Approval Procedures,
Appendix F). Multi -use facilities are any public or private facilities, other than private individual or shared
piers (two adjoining lot owners), used for recreation or for accessing Project lands or waters. In general,
anyone proposing to construct and operate a new multi -use facility or to modify an existing multi -use
facility, must prepare a multi -use facility construction permit application and receive a construction permit
from Cube Yadkin prior to initiating work.
The multi -use facility permitting process is a process whereby Cube Yadkin, or in some cases FERC,
determines whether the requirements of the Project license are met as they relate to the effect of the
construction and operation of proposed multi -use facilities on the reservoir and adjoining shoreline. Cube
Yadkin recognizes several distinct types of multi -use facilities, as outlined in Table 7.2. Under its Project
license, Cube Yadkin may authorize certain types of multi -use facilities on Project lands or waters without
prior FERC notice or approval. Other facilities require prior FERC notice or approval. Table 7.2
summarizes (i) the types of multi -use facilities that Cube Yadkin may approve without prior FERC notice,
(ii) those that require a 60 -day prior notice to FERC, and (iii) those that require prior FERC approval.
Table 7.2 also indicates the EA and Agency Consultation Process requirements for various types of multi-
use facilities.
Anyone seeking a construction permit for a new multi -use facility must prepare and submit a multi -use
facility construction permit application for the proposed facility to Cube Yadkin. As part of the application
process, the applicant may need to prepare and submit an EA for the proposed facility. As described in
more detail in the Subdivision Access Approval, Multi -use Facility Permitting, and Industrial Approval
' Archaeological and historical resources (i.e., sites, structures, buildings, or objects) included in or eligible for the National
Register of Historic Places (National Register) are defined by regulation as "historic properties."
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Procedures, an EA must be prepared and filed with Cube Yadkin for the following types of new multi -use
facilities:
1. Any multi -use facility that is located wholly or partly within the shoreline Conservation Zone, as
delineated in Appendix D.
2. Any multi -use facility(ies)' that is designed to accommodate more than 10 watercraft.
3. Any commercial multi -use facility that accommodates watercraft and is located within %2 mile of an
existing marina.
For multi -use recreation facilities proposed for shoreline areas designated as High or Medium probability
zones, Cube Yadkin requires prior evaluation of potential impacts to historic properties located within 100
feet of the reservoir's normal full pool elevation. Typically, such an evaluation is done as part of the EA
process or the Agency Consultation Process. Evaluations must include consideration of identified historic
properties (see Yadkin Project HPMP).
In the case of subdivisions and commercial enterprises, Cube Yadkin will aggregate all proposed multi -use
facilities to determine the total number of watercraft that the proposed facilities can accommodate. If,
considered in the aggregate, the facilities can accommodate more than 10 watercraft, then an EA will be
required for that subdivision, regardless of the number of lots involved, or for the group of commercial
multi -use facilities, as the case may be.
Table 7.2
Summary of Multi -use Facility Types and Required Prior FERC Notice/Approval
Facility Description
Facility Type
FERC
Prior
EA or
Type of
60 -Day
FERC
Agency
Cube
Notice
Approval
Consultation
Yadkin
Required
Required
(AC)
Permit
A"
Required'
Required
Facility(ies) accommodates more
Marina
No
Yes
EA
Multi -use
than 10 watercraft and is operated
(commercial)
as part of a commercial enterprise.'
Facility(ies) accommodates more
Marina (non-
No
Yes
EA
Multi -use
than 10 watercraft and is not
commercial)
operated as part of a commercial
enterprise.'
Facility(ies) accommodates 1-10
Marina
Yes
No
AC
Multi -use
watercraft and is operated as part of
(commercial)
a commercial enterprise.
Facility(ies) accommodates 1-10
Marina
No
Yes
EA
Multi -use
watercraft, is operated as part of a
(commercial)
commercial enterprise, and is
located within '/z mile of an existing
' For subdivisions and commercial enterprises, Cube Yadkin will aggregate all proposed multi -use facilities, except for planned
individual and shared piers, to determine the total number of watercraft that the facilities can accommodate. If, considered in
the aggregate, the proposed multi -use facilities can accommodate more than 10 watercraft, then collectively the multi -use
facilities will require prior FERC approval. If, considered in the aggregate, the facilities can accommodate 10 or fewer
watercraft, then the multi -use facilities will be permitted on an individual basis.
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Facility Description
Facility Type
FERC
Prior
EA or
Type of
60 -Day
FERC
Agency
Cube
Notice
Approval
Consultation
Yadkin
Required
Required
(AC)
Permit
Required'
Required
marina.
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Facility Description
Facility Type
FERC
Prior
EA or
Type of
60 -Day
FERC
Agency
Cube
Notice
Approval
Consultation
Yadkin
Required
Required
(AC)
Permit
Required'
Required
Facility(ies) accommodates 1-10
Boat Dock
No
No
AC
Multi -use
watercraft, is not operated as part of
a commercial enterprise, and is not
a private (individual or shared)
pier.
Facility(ies) is a boat launch ramp
Boat Launch
Yes
No
AC
Multi -use
operated as part of a commercial
Ramp
enterprise or provides other
(commercial)
services.
Facility(ies) is a boat launch ramp
Boat Launch
No
No
AC
Multi -use
not operated as part of a
Ramp (non-
commercial enterprise and provides
commercial)
no other services.
Facility(ies) is a pier with no
Multi -use Pier
Yes
No
AC
Multi -use
accommodation for watercraft and
(commercial)
is operated as part of a commercial
enterprise (examples include
commercial fishing piers).
Facility(ies) is a pier with no
Multi -use Pier
No
No
AC
Multi -use
accommodation for watercraft, but
(non -
which is available for use by more
commercial)
than two adjoining lot owners
(examples include fishing piers,
homeowner association piers,
private club piers, etc.).
An EA is required for all proposed multi -use facilities, regardless of category, that are located wholly or partly
within a shoreline Conservation Zone, as delineated in Appendix D.
For subdivisions and commercial enterprises, Cube Yadkin will aggregate all proposed multi -use facilities,
except for planned individual and shared piers, to determine the total number of watercraft that the facilities can
accommodate. If, considered in the aggregate, the proposed multi -use facilities can accommodate more than 10
watercraft, then collectively the multi -use facilities will require prior FERC approval. If, considered in the
aggregate, the facilities can accommodate 10 or fewer watercraft, then the multi -use facilities will be permitted
on an individual basis as shown above.
Applicants for all other types of multi -use facilities are required to complete the Agency Consultation
Process described in the Subdivision Access Approval, Multi -use Facility Permitting, and Industrial
Approval Procedures. As part of the EA and Agency Consultation Process, multi -use facility applicants are
required to consult with State and federal resource agencies. No multi -use facility will be permitted by
Cube Yadkin without evidence that the required consultation has occurred with all State and federal
resource agencies. Cube Yadkin will rely heavily on the comments of the reviewing agencies regarding
necessary changes to the proposal or mitigation measures to be undertaken before permitting the proposed
facility. Resource agencies that must be consulted include the USFWS, U.S. Army Corps of Engineers,
NCWRC, NCDNCR (the SHPO), NCDEQ, the Uwharrie National Forest (for Narrows Reservoir), Badin
Historical Museum, Catawba Indian Nation Tribal Historic Preservation Office (CIN-THPO), FERC, and
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Trading Ford Historic District Preservation Association (TFHDPA). In addition, applicants are required to
send the EA or Agency Consultation package to all counties in which the proposed facility is located. The
multi -use facility permitting process and EA requirements are described in detail in the Subdivision Access
Approval, Multi -use Facility Permitting, and Industrial Approval Procedures (Appendix F) and are
summarized in Table 7.3.
Multi -use facility operating permits must be renewed every 5 years, and may be terminated by Cube
Yadkin in accordance with the terms of the multi -use operating permit, or for failure to abide by the
Shoreline Stewardship Policy and all other applicable Cube Yadkin procedures and requirements.
Table 7.3
Summary of Information Required in an EA
Proposed Development
Description of the proposed facility or modification, including maps depicting
project boundaries, lot lines and the proposed placement of structures on lots.
A description of project need.
A description of the amount of Project shoreline the proposed facility, or
modification, will impact.
A list of all federal, State, and local permits/approvals required for the proposed
facility or modification.
A description of any State or local development restrictions (zoning requirements,
setbacks, etc.) that apply to the proposed project.
Existing Environment
A description of the shoreline and land area adjacent to the proposed facility.
A description of the reservoir area and associated resources adjacent to the
proposed facility.
A description of any existing recreation or access facilities on the property proposed
for development.
A description of any historic properties located in the vicinity of the proposed
facility.
Environmental Impacts
An assessment of the potential impacts of the proposed facility to the reservoir
and Proposed Mitigation
shoreline, shoreline vegetation and plant communities, wildlife and habitat, fish
and fish habitat, wetlands, and water quality.
An assessment of the increase in recreational use of the reservoir resulting from the
proposed facility.
If the proposed facility is located in an area designated as a High or Medium
cultural probability zone, the results of a survey of the site conducted by a
professional archaeologist to determine the presence of any historic properties.
A description of any measures proposed by the applicant to avoid, offset, or
mitigate impacts to the reservoirs or reservoir resources resulting from the proposed
facility.
If the proposed facility is intended to handle gasoline or other potentially hazardous
material, a detailed description of this aspect of the proposal and plans for
complying with federal and State laws that govern the storage, handling and
distribution of hazardous materials.
Consultation Record
A list of all consulted agencies.
Copies of all correspondence between the consulted agencies and the applicant.
Copies of letters from resource agencies indicating that they have reviewed and
approve the proposed facility.
Application Information
A brief description of the qualifications of the applicant and the firm that has
prepared the EA.
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7.3.3 Existing Multi -use Facilities
As with construction of new multi -use facilities, modifications and repairs of existing multi -use facilities
that occupy Project lands or waters also requires a multi -use construction permit from Cube Yadkin. The
proposed configuration of the modified facility (in terms of number of watercraft accommodated), the
proposed location of the facilities relative to the shoreline Conservation Zone and existing marinas, and its
commercial or non-commercial status all determine whether prior FERC notice or approval is required for
the proposed modification. The criteria for prior FERC notice/approval listed in Table 7.2 apply to
modification of existing multi -use facilities as well as to construction of new facilities.
A multi -use facility permittee planning any modifications of an existing multi -use facility must first notify
Cube Yadkin, and Cube Yadkin will determine any prior FERC notice or approval requirements and EA or
Agency Consultation Process requirements.
7.3.4 Subdivision Access
Cube Yadkin has a subdivision access approval process, as discussed in detail in Appendix F. In general,
the process requires that subdivisions with lots adjoining the reservoirs be reviewed and approved by Cube
Yadkin before any lots within the subdivision will be eligible for a private recreation facility (private pier)
(see Appendix F). In cases where a subdivision developer is planning one or more multi -use facilities as
part of the subdivision, prior FERC notice or approval may also be required.
The subdivision access approval process is a process whereby Cube Yadkin, or in certain cases FERC,
determines whether the requirements of the Project license are met as they relate to the effect of the
reservoir access anticipated for the subdivision on the reservoir. Included in this determination is a final
decision, with respect to lot width, water depth and cove width only, as to whether certain lots adjacent to
the reservoir shoreline are eligible for a private pier. For lots that are deemed eligible for a private pier as
part of this subdivision approval process, other requirements as set forth in the Shoreline Stewardship
Policy or the Specifications must also be satisfied before Cube Yadkin will issue a private pier construction
permit. The subdivision access approval process is outlined in detail in the Subdivision Access Approval,
Multi -use Facility Permitting, and Industrial Approval Procedures (Appendix F).
The subdivision approval process requires that the subdivision developer prepare an application including
an EA for the following types of proposed subdivisions:
1. Any subdivision with lots adjacent to a Project reservoir shoreline that is located wholly or partly
within the shoreline Conservation Zone, as delineated in Appendix D.
2. Any subdivision with more than 5 lots adjacent to a Project reservoir shoreline (even if the
subdivision is not located in the shoreline Conservation Zone).
3. Any subdivision adjacent to the Project reservoir shoreline with proposed multi -use facilities that,
considered in the aggregate, can accommodate more than 10 watercraft.
Developers of all other types of subdivisions are not required to prepare a full EA, but must complete the
Agency Consultation Process described in the Subdivision Access Approval, Multi -use Facility Permitting,
and Industrial Approval Procedures.
Developers of subdivisions located on property adjoining the reservoirs in High or Medium probability
zones will be required to conduct an evaluation of potential impacts to located within 100 feet of the normal
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full pool elevation of the reservoir. Typically, such an evaluation is done as part of the EA process or the
Agency Consultation Process. Evaluations must include consideration of identified historic properties
(Yadkin Project HPMP).
Subdivision developers seeking to develop multi -use facilities as part of the subdivision requiring an EA,
including marinas, boat docks, piers serving more than two adjoining lots, boat launches, or other
community/group facilities, need only prepare a single EA for the proposed subdivision. In these cases, the
EA must include the required information for both the private recreation facilities and the multi -use
facilities.
Cube Yadkin requires the preparation of an EA or completion of the Agency Consultation Process for
subdivisions to evaluate the overall potential for impacts to shoreline and reservoir resources that may
result from the associated increase in recreation facilities, including private piers. The EA must be
reviewed by federal and State resource agencies, as well as Cube Yadkin. Cube Yadkin's review of an
application and EA will include consideration of agency comments and recommendations, as well as the
consistency of the proposed subdivision with the shoreline management priorities set forth in this SMP. If
Cube Yadkin approves the subdivision application, Cube Yadkin will so notify the subdivision developer
by letter. Until the letter has been issued, Cube Yadkin will not process or approve any applications for
private piers or other activities for adjoining property owners or multi -use facilities associated with the
subdivision.
7.3.5 Industrial Uses of Project Lands and Waters
Cube Yadkin may also approve and permit other non -Project uses of Project lands and waters, including
industrial uses such as the construction of roads and bridges, water withdrawals and discharges, pipelines,
and transmission facility crossings. Any private or governmental entity seeking an industrial use of Project
lands or waters must contact Cube Yadkin and secure the appropriate written approvals before using or
modifying Project lands and waters (see the Subdivision Access Approval, Multi -use Facility Permitting,
and Industrial Approval Procedures, Appendix F).
7.3.6 Prior FERC Approval
In certain instances, Cube Yadkin must seek prior approval from FERC before the development of a multi-
use recreation facility or other use or occupancy of Project lands and waters may proceed. Specifically,
any multi -use facility that is designed to accommodate more than 10 watercraft will be considered a marina
and will be submitted to FERC for prior approval. Similarly, any facility designed to accommodate
watercraft that is operated as a commercial enterprise, or offers other services, and that is located within %2
mile of an existing marina will be submitted to FERC for prior approval. Before it will approve such
facilities, FERC requires Cube Yadkin to submit detailed information on the planned facility, including an
assessment of potential environmental impacts. FERC also requires that the proposal for the facility be
reviewed by State and federal resource agencies.
Other types of multi -use facilities do not require prior FERC approval but do require that Cube Yadkin
notify FERC of a proposed facility 60 days prior to issuing approval for development of the facility to
proceed (see Table 7.2). FERC requires that the proposals for these facilities also be reviewed by State
and federal agencies before notification is sent to FERC.
For proposals requiring prior FERC approval, Cube Yadkin will submit the EA that has been prepared for
the proposed facility along with agency comment letters to FERC. FERC uses this information to conduct
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its own EA as required under the National Environmental Policy Act (NEPA). If FERC determines that
the proposed facility will not adversely impact natural, environmental, or cultural resources, it may approve
the proposal by issuing an Order Approving Non -Project Use of Project Lands. Upon FERC approval,
Cube Yadkin may, in turn, issue the applicant a permit.
In some instances, FERC may approve a facility with conditions. In such instances, Cube Yadkin is
responsible for meeting the required conditions and will determine whether the conditions imposed are
acceptable. If Cube Yadkin determines that the conditions imposed by FERC are not acceptable, Cube
Yadkin may choose to not permit the proposed facility.
7.4 Shoreline Development Fees
FERC allows licensees to charge reasonable fees to help defray the cost of administering shoreline
permitting programs. Cube Yadkin has established a fee schedule to help offset the cost of administering
and enforcing the provisions of this SMP. A current fee schedule is available from Cube Yadkin.
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