Appendix B, Guidelines for the Use of Leased
Properties at Lake Tillery
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These guidelines are intended to help lessees and
potential lessees understand Progress Energy's policies for permitting
activities within areas leased from Progress Energy around Lake Tillery.
Progress Energy owns and operates the Tillery Hydroelectric Project
to generate electricity under a license granted by the Federal Energy
Regulatory Commission (FERC License #2206). The FERC allows Progress
Energy to permit limited development activities around the shoreline
of Lake Tillery. Progress Energy has established a leasing program
to ensure the protection of public recreation opportunities, aesthetic
beauty, environmental features, regulatory compliance, and power production
capability at the project. Progress Energy has two types of leases,
recreational and commercial. The leasing process for commercial facilities
requires agency review and approval by the Federal Energy Regulatory
Commission while only select residential facilities require agency
review (Examples: seawalls and riprap). Both types of facilities require
Progress Energy approval and Progress Energy reserves the right to
determine the type of facilities used in any new development or commercial
entity. In deciding whether to grant permission, Progress Energy will
attempt to balance the requests of the lessees and applicants with
the environmental and aesthetic values, recreational use, public good,
and other project purposes while meeting regulatory requirements.
Each proposed activity will be evaluated according to these guidelines.
It should be noted that some areas around Lake Tillery
are not available for leasing. Private ownership of a lot adjacent
to Lake Tillery does not guarantee that a lease will be granted for
use of Progress Energy's shoreline property. Permitted activities
are a privilege not a right. Contact the Progress Energy Lake Manager
at (910) 439-1050 with questions or concerns regarding these matters.
Progress Energy's goal with these guidelines is to
provide a mechanism to assist in the protection and enhancement of
the environmental, scenic, and recreational values provided by Lake
Tillery and the project lands, while ensuring the continued safe and
reliable production of hydroelectric power at the project and compliance
with regulatory requirements.
These guidelines are not intended to be all-inclusive.
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These guidelines are not intended to be all-inclusive.
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These guidelines are subject to revision
at Progress Energy's discretion. |
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Use of leased Progress Energy property
will be evaluated on a case-by-case basis. |
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Any property owner who wishes to construct
facilities or engage in any land-disturbing activity (including
altering or impacting any vegetation) on Progress Energy property
must apply to Progress Energy for a permit. |
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Any improvements on Progress Energy property,
including the cutting of vegetation, dredging and filling, alteration
of shoreline features, or construction of any structure, without
specific written authorization from Progress Energy's Lake Manager
is prohibited. |
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All activities must comply with applicable
building codes and other regulatory requirements |
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Lessees within identified Impact Minimization
Zones must comply with the Guidelines, including the Impact Minimization
Zone Guidelines located in Attachment B, which contain additional
requirements. |
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For private facilities, a current, paid-in-full
residential lease must cover the leased property. |
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Construction of private facilities over the water or in the
leased area will be permitted only if the associated area owned
by the lessee has been improved by the construction of a single
family or multi-unit dwelling and at least a portion of the
lot is within 200 feet of the water's edge at lake elevation
278.2 feet MSL. No permits will be issued for vacant lots or
undeveloped sites, with the exception of pre-existing situations
where leases were granted prior to the "lot improvement" requirement.
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For private facilities, the allowable
combined square footage of all water-dependent structures is dependent
on the length of leased shoreline and the classification of the
impacted shoreline and shall not exceed 1,200 square feet. For
shoreline within an Impact Minimization Zone (IMZ) the maximum
allowed square footage over water is 800 square feet.(Attachment
B identifies other restrictions in Impact Minimization Zones.) |
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All construction activities and the placement
of water-dependent facilities should be done in such a manner
to minimize impact to aquatic habitat, especially water willow
beds greater than 100 square feet and submerged woody debris. |
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On some subdivision maps on Lake Tillery,
the Progress Energy property associated with a lot is indicated
by dotted or solid lines that extend from the lot across Company
property to or into the water of Lake Tillery. On other subdivision
maps that do not allocate the Company property, the lot sidelines
should be extended to make the allocation. All facilities located
on Company property should be within the confines of these lines
(either on land or over water) whether they are indicated or must
be extended. Any deviation from these guidelines should only occur
when a recorded encroachment agreement between the affected parties
permits such an occurrence. If two or more parties are unable
to agree on the Company land associated with their lot, Progress
Energy has the sole right to take those actions necessary to resolve
the disagreement.. |
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When a new lease is granted or a lease
is transferred there is a lease application fee of $100.00. There
is also a yearly rental fee based on lot frontage on the waterward
side of land along Progress Energy's property boundary. |
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All activities within the project boundary
are subject to the license and other regulations and orders as
dictated by the Federal Energy Regulatory Commission (FERC). |
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Progress Energy reserves the right for
its representatives to enter any and all leased areas without
notice or constraint. |
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Property owners must receive written
approval from Progress Energy before beginning any improvements
within the leased area. This requirement applies to all facilities
on the land or over the water. Written approval must also be obtained
from Progress Energy prior to beginning activities such as, but
not limited to, dredging and filling or vegetation removal and/or
treatment in the water or on Progress Energy land. Failure to
get such written approval from Progress Energy's Lake Manager
prior to conducting unauthorized activities on Progress Energy
property could result in a fine, legal action by Progress Energy
or affected regulatory agencies, and cancellation of the lease. |
Property owners must receive written approval from
Progress Energy before beginning any improvements within the leased
area. This requirement applies to all facilities on the land or over
the water. Similarly, written approval must be obtained from Progress
Energy prior to beginning activities such as, but not limited to,
dredging and filling or vegetation removal and/or treatment in the
water or on Progress Energy land.
| 4.0 |
The Application Process
for Private Recreational Facilities |
The permitting process begins with a call to the Progress
Energy representative, at (910) 439-1050, to arrange an appointment.
The Progress Energy representative will meet with you on your property
to discuss your plans, review your relevant drawings, and review Progress
Energy requirements and guidelines. You will need to provide the following:
Once the applicant has satisfactorily provided the
above items to the Progress Energy representative, the applicant must
obtain from Progress Energy a completed facility approval form. The
form is required to obtain a building permit from the county. Note:
Progress Energy reserves the right to disapprove, reject, or modify
any proposed construction plans if the proposed construction is deemed
to be unsafe for the general public, doesn't exhibit sound construction
methods, or is determined to adversely impact environmental aquatic
or terrestrial habitats. In addition, Progress Energy could reject
or modify the proposed construction plans if it is determined that
the appearance of the completed structure would not be compatible
with Progress Energy's stated goal of protecting scenic values of
the Tillery project or if the structure could adversely impact the
surrounding property value or if the structure does not comply with
applicable regulations.
Note: For construction, additions or modifications
of commercial facilities, the applicant will be required to consult
with the appropriate State & Federal resource agencies. The Progress
Energy representative can provide a list of possible contacts with
these agencies. When agency consultation is completed and all issues
are addressed to Progress Energy's satisfaction, Progress Energy will
consider filing a request for approval with the FERC. Reference Attachment
A for the application process for commercial facilities.
Progress Energy reserves the right to make periodic
inspections of permitted activities or facilities during and after
construction to ensure compliance with permit conditions. After construction
is completed, notify Progress Energy, and a company representative
will make the final inspection to verify compliance with Progress
Energy facilities approval form terms and conditions.
| 5.0 |
Guidelines Regarding Soil
Disturbance |
No heavy equipment or soil disturbance is allowed
on Progress Energy property without written permission by Progress
Energy's Lake Manager. Proper installation of silt fences for erosion
control is required to prevent runoff and sedimentation impacts to
waterways. Dredging may occur only when the necessary local, state,
federal and Progress Energy approvals are secured. Call the Progress
Energy Lake Manager at (910) 439-1050 for more information on the
permitting process.
| 6.0 |
Guidelines Regarding Vegetation |
Vegetation is important to the aesthetic and environmental
qualities of Lake Tillery. In addition to enhancing the natural beauty
of the lake, vegetation helps prevent water pollution and provides
habitat for birds, mammals and fish. These guidelines are intended
to provide homeowners with enough flexibility to use Progress Energy
property appropriately while protecting the environment.
In addition to the primary purpose of electric power
generation, Lake Tillery also is used as a source of public water
for many residents in the adjacent counties. North Carolina water
quality regulations applicable to Lake Tillery require that a vegetative
buffer zone be maintained adjacent to the shoreline to provide protection
from erosion and runoff pollution. State and federal resource agencies
support the buffer zone concept for the purpose of protecting wildlife
habitat. These regulations require a buffer zone, which extends a
minimum of 30 feet from the shoreline as measured from the water's
edge at normal full lake elevation.
The following guidelines regarding vegetation and
land disturbance apply to property leased from Progress Energy within
the Tillery Hydroelectric Project:
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Progress Energy requires that no ground-disturbing activities
of the project land within 30 feet of the shoreline is permitted
except for the placement of a walkway not exceeding 5 feet in
width. Do not remove leaf litter, disturb root mats, or use
any equipment other than hand tools in this area.
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Progress Energy requires that at least
50% of the leased area remain completely undisturbed. This means
the cutting or removal of vegetation (except under special permit
for safety reasons) will not be allowed on 50% of the leased area. |
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Within the 50% of the leased area where
disturbance is allowed and consistent with state regulations,
limited clearing for visual and physical access to the water is
permitted, but large trees and shrubs must be retained. Heavily
wooded stands may be thinned only according to accepted forestry
management practices. No tree larger than 3 inches in diameter
as measured at a height of 4½ feet above the ground shall be removed
unless the tree is dead, dying, suppressed by other trees, or
poses a safety hazard. Progress Energy's written approval is required
prior to the removal of any trees. |
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Progress Energy reserves the right to
plant or require the planting of vegetative materials within the
leased area. Progress Energy may require, at the leaseholder's
expense, the removal of any unauthorized improvements and restoration
of Progress Energy land to a natural state. |
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Progress Energy prohibits the removal
of existing submerged woody debris with a diameter of 10 inches
or greater at the base of the trunk from the lake, unless such
debris constitutes a navigational or public safety hazard. The
Progress Energy Lake Manager must approve removal of such woody
debris from the lake. Woody debris that falls into the lake as
a result of storms or natural occurrence should be left in place
unless such debris constitutes a navigational or public safety
hazard. Woody debris that has broken loose from submerged trunks
and is floating in such a manner that constitutes a navigational
or safety hazard may be removed from the lake. In the placement
and construction of new docks, these facilities should be placed
to minimize removal of woody debris. Lessees may be required by
Progress Energy to mitigate at a 2:1 ratio for removal of woody
debris from the lake in nearby areas, depending upon the type
and age of submerged woody debris. Such mitigation may include,
but not limited to, the design and construction of a fish-friendly
pier. |
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Progress Energy desires to encourage
landscaping with native plants, for more information see Appendix
D of the Lake Tillery Shoreline Management Plan or call the Progress
Energy Lake Manager at (910) 439-1050. |
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The use of non-native, invasive species
for planting is prohibited. |
| 6.2 |
Pesticides, Herbicides, and Fertilizers |
The use of pesticides, herbicides, and fertilizers by anyone other
than Progress Energy personnel or Progress Energy authorized applicators
is prohibited on Progress Energy property.
Aquatic vegetation is beneficial for a healthy lake
ecosystem and will be protected. It is important for fish cover, spawning,
feeding, rest and rearing areas and provides food for other animals,
such as waterfowl and wading birds. However, some noxious and non-native
aquatic weeds in Progress Energy lakes, reservoirs, and impoundments
have the potential to negatively impact Company operations, authorized
public recreation, water quality, and/or the aquatic populations of
these water bodies. Also, they may threaten the water resources used
by the public.
Water willow beds are of high aquatic habitat value
in Lake Tillery and any type of vegetation control method on this
vegetation by the general public is expressly prohibited. Progress
Energy may authorize removal of water willow in areas where there
is an expansion or encroachment of a bed into an existing navigational
channel.
In order to reduce or eliminate the impact and threat
of noxious aquatic weeds in Progress Energy lakes, reservoirs, and
impoundments, it is the policy of Progress Energy to implement or
recommend, when appropriate, the best available technology for weed
control when any of the above-mentioned impacts can be demonstrated.
These measures may include, but are not limited to, accepted chemical,
biological, and physical control techniques. Any control measures
implemented will be done so only after consideration of all known
factors and after consultation with appropriate state agencies having
jurisdiction. In warranted cases, Progress Energy may provide written
permission for noxious aquatic weed control to a lessee, provided
the lessee uses an approved, licensed aquatic pesticide applicator
and obtains written approval from the appropriate state and federal
resource agencies. The lessee and applicator will be responsible for
any impacts to the aquatic environment that occurs as a result of
negligence, improper application, or unexpected consequences.
Lessees may not use aquatic herbicides, stock grass
carp or use other biological or mechanical control. Only licensed
herbicide applicators will be allowed to apply herbicides to public
waters and, under circumstances of written permission from Progress
Energy, the lessee and applicator must consult with appropriate resource
agencies prior to application. Additional restrictions regarding the
use of any herbicides by licensed applicators may be applicable to
drinking water supply reservoirs, such as Lake Tillery.
| 7.0 |
Guidelines Regarding Shoreline
Stabilization |
Seawalls, bulkheads, and similar structures are sometimes
used to prevent shoreline erosion. Progress Energy prefers the use
of native shoreline vegetation to control erosion. For appropriate
indigenous species, contact your local county extension agent. Riprap
is preferred to stabilize eroding shoreline, as compared to bulkheads
or seawalls, because the placement of riprap along a severely eroded
shoreline can enhance protective habitat for fish. Bulkheads and seawalls
offer very little in terms of aquatic habitat value. The following
guidelines will apply for the construction of seawalls:
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Any land-disturbing activity on Progress Energy land, including
the shoreline, must receive prior written approval. Appropriate
measures are required to prevent erosion.
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Facilities approval forms are required
for the construction of seawalls. |
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Riprap material on the waterward side
of seawalls (3 feet at base extending back to seawall on a 2:1
slope) is required for the enhancement of fish habitat, except
where the slope of the lake bed is greater than 2:1. The U.S.
Army Corps of Engineers and the North Carolina Division of Water
Quality regulate the placement of stone or other materials into
water. Compliance with these agencies' requirements is a prerequisite
to receiving approval from Progress Energy. |
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The use of riprap for shoreline erosion
control without a seawall may be permitted with prior written
approval from Progress Energy. Riprap without a seawall will be
permitted only with a filter cloth barrier. Application of riprap
without a seawall may qualify for exemption from the approval
form fee. |
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Seawalls must be constructed of pressure-treated
lumber, interlocking stone, or other approved materials. Railroad
ties, metal, rubber, or other non-approved materials will not
be permitted. The use of creosote-treated wood is expressly prohibited. |
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The height of seawalls shall conform
to the natural contour of land, but in no case shall seawalls
be higher than five feet above the high water level (278.2 feet
MSL). Fill material behind seawalls shall be gravel, quarry stone,
or soil (brick or block is not allowed). |
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Seawalls cannot be used to extend the
shoreline into the lake. |
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No walkways are allowed on the landward
side of seawalls. |
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| 8.0 |
Guidelines Regarding Dredging
and Filling |
Do not deposit or remove any soil from Progress Energy
property, including the lake, prior to obtaining Progress Energy's
written approval. Permission from the U.S. Army Corps of Engineers
and the North Carolina Division of Water Quality (Department of Environment
and Natural Resources) is required for dredging or excavation within
the lake. General dredging guidelines include, but are not limited
to:
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Dredging is not permitted during the
months of March through June when fish spawning activity is the
greatest. |
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It is Progress Energy's intent that only materials, which have
silted into the lake, be removed from the lake.
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Written approval must be obtained from
Progress Energy prior to alteration of the shape of the shoreline
and said alteration must comply with U.S. Army Corps of Engineers
guidelines. |
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Dredging is not permitted in aquatic
emergent/submerged vegetation beds greater than 100 feet in surface
area. |
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Dredging is not permitted in Impact
Minimization Zones or Environmental/Natural Areas. |
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All dredged material must be properly
disposed and completely removed from Progress Energy property.
No material, including: trash, yard waste, leaves, grass, garbage,
food waste, fish parts, or animal waste, shall be left on Progress
Energy property or disposed into lake waters. |
| 9.0 |
Guidelines Regarding Septic
Systems |
Progress Energy does not desire to have any septic
system components on its property. In no case may any component of
the septic system be located within 50 feet of the shoreline. However,
if the adjoining property configuration or the soil quality is such
that all or a portion of the drain field must be located on Progress
Energy property, the adjoining property owner must:
1.
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Have the County Health/Sanitation Department certify in writing
the necessity to locate the drain field on Progress Energy property.
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| 2. |
Propose a design and location of the
drain field in accordance with all-applicable federal, state and
local laws and regulations. |
3.
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Make an application to Progress Energy,
including a nonrefundable application fee, currently $250.00,
for an easement. |
If these requirements are met, Progress Energy may
agree to grant an easement, for a fee, to the adjoining property owner
for the purpose of locating a septic drain field on Progress Energy
property. The fee will be one-half (1/2) the per-square-foot value
of comparable lot sales in the area.
| 10.0 |
Guidelines for Private Facilities |
| 10.1 |
Boathouses, Boatslips, Piers and
Decks |
Private piers, boathouses and other water-dependent
structures are permitted for the convenience of the landowner and
are a privilege not a right. In order to enhance public safety and
visibility of the shoreline and water, only single-story, open-sided
boathouses will be permitted for use by private property owners. Progress
Energy will examine the plans for each structure before permitting,
but the following guidelines apply:
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All fixed structures over water must be at least one foot
above full pool (full pool = 278.2 feet MSL) in areas designated
as residential or potential development. See IMZ Guidelines
for requirements for structures permitted in areas designated
as Impact minimization Zones. New construction must be 3 feet
above normal full pool elevation if constructed over water willow
beds greater than 100 square feet in area.
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All structures built over the water
must have adequate reflectors at corners and every 10 feet in
between for safety purposes. The State of North Carolina recommends
white reflectors. |
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Docks and piers may be stationary or
floating, but floatation devices must be of encapsulated Styrofoam
or polystyrene, as approved by the U.S. Army Corps of Engineers. |
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Benches, guardrails, and other attachments
on docks, piers or decks over water must not significantly obstruct
views. |
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Boathouses may not be shared or co-owned
by adjoining lot owners without prior written approval of Progress
Energy and recording of appropriate legal documentation of the
terms and conditions of said joint ownership. |
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Boathouses must be constructed of wood.
Tin or shingles may be used on the roof of a boathouse while metal
siding, vinyl and wood maybe used on the sides of storage rooms.
The color of materials used should be natural, neutral or earth
tone. |
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No living, sleeping, cooking, heating,
cooling or plumbing facilities or refrigerators are permitted
within, adjacent to or above boathouses or otherwise on Progress
Energy property, except for existing commercial leases. |
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The external dimensions of enclosed
storage areas associated with boathouses must not exceed 80 square
feet and must be located on the landward side of piers, deck areas
and boathouses. Use of boathouse storage areas for items other
than those associated with swimming, boating, skiing, and fishing
is prohibited. The storage of fuel or any other petroleum supply
and yard treatment chemicals and fertilizers is prohibited. |
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Decks are normally constructed of wood
or other environmentally acceptable materials as approved by Progress
Energy's Lake Manager. |
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Every effort should be made to minimize
incidental disturbance of aquatic vegetation due to approved activities.
Placement of boathouses should avoid impacting water willow beds
or other significant aquatic vegetation beds that are greater
than 100 square feet by siting the facility outside of such beds
or by traversing the water willow bed at the end points rather
than the middle of a bed. Walkways must be 3 feet above normal
full pool elevation and no more than 5 feet wide to permit sunlight
penetration to the water willow bed. Placement of boathouse or
docks should also consider the shading effect of such structure
relative to sun exposure. Progress Energy may require mitigation
by the lessee if construction activities significantly impact
water willow beds. Such mitigation may include, but not limited
to, construction of a fish-friendly pier or funding the establishment
of a water willow bed at an adjacent area. Significant impact
is defined as disturbance that impacts more than 25% of the surface
area of an existing water willow bed within the lot allocation
area. The measure of the impacted area will be determined by the
amount of water willow covered by any structure, except walkways
constructed under IMZ Guidelines. Other restrictions will apply
for water willow beds located in IMZs. |
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Progress Energy may authorize removal
of water willow in areas where there is an expansion or encroachment
of a bed into an existing navigational channel. |
Progress Energy will permit the limited construction
of walkways within the leased area. Walkways must either have natural
ground cover or be constructed of open slatted, pressure-treated wooden
materials, follow the contour of the land and must lead to a pier
or boathouse. Access to the shoreline shall be by pathway no wider
than five feet.
An elevated walkway to the roof of a flat roofed boathouse
is permitted where need for handicap accessibility is certified in
writing by a medical doctor. Steps down from an elevated walkway or
roof of a boathouse will be located over water. Steps on land to roof
of boathouse are not allowed.
Fences within the leased area can be constructed with
Progress Energy's prior written permission, but in no case are fences
permitted on Progress Energy property within 30 feet of the shoreline.
New fences that are installed should consider aesthetic values in
terms of placement and selection of construction materials.
| 10.4 |
Items Prohibited on Leased Property
(not intended
to be all inclusive). |
| 1. |
Swimming Pools |
| 2. |
Storage buildings or other structures
except as permitted in boathouses |
3.
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Houses, including residential roof overhangs |
| 4. |
Asphalt or concrete driveways or walkways |
| 5. |
Porches or other attachments to residential
structures |
| 6. |
Decks or patios on land |
| 7. |
Garages or carports |
| 8. |
Wells, pumps, or other methods of water
withdrawal |
| 9. |
Animal lots and houses |
| 10. |
Television or Radio Satellite dishes
or towers |
| 11. |
Water pumps or fuel pumps This
item #11 does not appear in doc! |
| 12. |
Encroachments on adjoining leased areas
unless a specific recorded encroachment agreement exists between
the affected parties |
| 13. |
Electrical service that does not meet
National Electric Safety Code requirements |
| 14. |
Facilities that represent health and
safety hazards |
| 15. |
Commercial activities without Progress
Energy's written permission |
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16
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Assignment or subletting of Progress
Energy leases without prior written approval |
| 17. |
Storage of vehicles |
| 18. |
Underwater or partially submerged structures
or facilities which could present a safety hazard |
| 19. |
Burning |
| 20. |
Storage or disposal of any regulated
materials |
| 21. |
Water gardens, fountains, or underground
lawn sprinkler systems |
| 22. |
Private boat ramps |
| 23. |
The discharge of any concentrated runoff;
that is, concentrating stormwater runoff into a single pipe or
ditch, that discharges onto Progress Energy property and accelerates
erosion |
| 24. |
The discharge or disposal of any material
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| 25. |
The use of tin or other metal materials
to repair sides of existing boathouses or other structures |
| 26. |
Structures that do not meet N.C. Building
Code Requirements |
| 27. |
Fuel or other storage tanks |
| 28. |
Livestock within 30 feet of the lake
unless crossing the stream channel per specifications of Natural
Resources Conservation Service. |
| 29. |
Bark, unless confined around individual
plants and tree |
| 30. |
Buoys with ropes from existing boathouses/docks
to such buoys in the water |
| 31. |
In-ground boathouses |
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| 11.0 |
Guidelines for Commercial
Facilities |
Commercial facilities must be licensed by Progress
Energy. Detailed plans for construction, additions or modifications
of commercial facilities must be submitted to Progress Energy for
review and approval prior to beginning work. The merits of these plans
will be considered on a case-by-case basis and will consider the value
of such facilities with regard to environmental impact and potential
navigational and safety issues. As mentioned above, consultation with
State and Federal agencies is required and will be the responsibility
of the applicant. (See "Attachment A" for step-by-step approval process).
In most instances, Progress Energy cannot consent without prior FERC
approval. Progress Energy may permit the following:
Certain activities and items are expressly prohibited
at these facilities, including, but not limited to the following:
| 12.0 |
Exceptions for Existing
Facilities |
At Progress Energy's discretion and subject to license
and other regulatory directives, existing water-dependent and other
facilities that do not comply with the general guidelines may remain
in the leased area or over the water for their useful lives, as long
as they are in compliance with federal, state, and local laws and
regulations (termed "Grandfather" provisions). When major repairs
- involving more than 50 percent of the value of the structure as
determined by a certified licensed appraiser approved by Progress
Energy - are made, the structure must be repaired so as to be in compliance
with the guidelines included herein. Metal siding is not permitted
for repair of any structures. If an existing structure is destroyed
by fire, or by other means, the replacement structure must be built
in compliance with the general guidelines and are not subject to the
"grandfather" provisions.
All modifications to existing facilities are subject
to these guidelines so that any preexisting noncompliance is not increased.
For the purpose of measuring the area covered by existing facilities,
all structures on Progress Energy leased property, whether over water
or on land, are to be counted. Structures include, but are not limited
to, boathouses, decks, docks, piers, storage buildings, and all non-complying
structures. Progress Energy does not include approved walkways over
land or seawalls in the calculation of area covered by structures.
No expansion of an existing facility or addition of a new facility
is allowed on leased property where the expansion or addition would
cause the area covered by all facilities to exceed 1200 square feet,
whether grandfathered or not. No expansion or addition will be permitted
to any structure nor will additional facilities be permitted if the
area covered by all facilities in the leased area exceeds 1200 square
feet.
All facilities on Progress Energy property must be
well maintained. Failure to properly maintain facilities on Progress
Energy property may result in the cancellation of any existing lease
and the removal of the facility and restoration of the property at
the expense of the lessee.
| 13.0 |
Guidelines Regarding Miscellaneous
Items
(not intended to be all inclusive) |
Are allowed by permit only and must be removed after each hunting
season. A permitting fee will be assessed. Blinds may not be constructed
prior to 4 weeks before the hunting season. Failure to remove the
waterfowl blind within 4 weeks of the close of the hunting season
will result in a charge of a removal fee and may result in loss of
similar future privileges. Progress Energy reserves the right to remove
any waterfowl blind, including but not limited to those that poses
a safety, environmental, navigational or aesthetic problem. Construction
of a waterfowl blind on public water constitutes the use of such facilities
by any hunter on a "first come" basis. Permitting and construction
of such blinds does not constitute ownership of such facilities nor
does it constitute authority over hunting rights in the vicinity of
such blind.
Are only permitted at marinas and access areas upon approval by Progress
Energy.
Fish Attractors: Fish attractors are allowed per Progress Energy
specifications. Fish attractors under piers are encouraged.
Handled by N. C. Wildlife Resources Commission.
| 13.5 |
Para-sails, Hang Gliders, Ultra-light
Aircraft, Seaplanes: |
Not allowed.
| 13.6 |
Heat Exchange Coils for Heat Pumps:
|
May be approved provided all local, state and federal permits are
secured and design meets Progress Energy specifications. These items
must not cause any obstruction to navigation or negatively impact
environmentally sensitive areas.
| 13.7 |
Vending Operations over Water |
Controlled by County Health Department. If allowed must be in an
area approved by Progress Energy.
| 14.0
|
Guidelines Regarding
Special Uses |
Progress Energy reserves the right to grant special uses that deviate
from the Guidelines for the Use of Leased Properties at Lake Tillery
when in its judgment the action is advantageous for the benefit of
the public welfare and does not jeopardize the environmental quality
of the lake.
| 15.0
|
Guidelines Regarding
Penalties and Mitigation |
Failure to abide by these guidelines could result in cancellation
of the lease. Failure to build, maintain and renovate facilities according
to facilities approval form and the Guidelines for the Use of Leased
Properties at Lake Tillery will result in lease cancellation. If Progress
Energy decides to re-let the property at a later date, a lease re-instatement
fee of $500.00 will be levied. In the event the lease is not re-instated,
Progress Energy reserves the right to remove all remaining personal
property and remaining facilities from Progress Energy property. Regular
lake patrols will take place; any violations will be investigated
and handled by Progress Energy and appropriate regulatory agencies.
Progress Energy will require mitigation by the lessee if construction
activities significantly impact water willow beds. Such mitigation
may include, but not limited to, construction of a fish-friendly pier
or funding the establishment of a water willow bed in another area
of the lake, preferably an adjacent or nearby area. Significant impact
is defined as disturbance that impacts more than 25% of the surface
area of an existing water willow bed within the lot allocation area.
The measure of the impacted area will be determined by the amount
of water willow covered by any structure, except walkways constructed
under IMZ Guidelines.
Aesthetic
Characteristics that are visually pleasing and usually conform to
certain identified background features.
Allocation Line
A line on a subdivision map or the projected lot side lines that determine
the location of facilities on Progress Energy land or over the water
of Lake Tillery.
Application Process
Involves calling a Progress Energy representative, meeting on the
site, discussing proposed construction of facilities, preparing detailed
sketch of facilities and their location, securing necessary agency
approvals if necessary, obtaining facilities approval form, payment
of fee and obtaining building permit from appropriate county.
Aquatic Emergent/Submerged Vegetation Beds
Rooted aquatic plants found totally submersed below or emerging from
the lake's surface and usually located in water less than six feet
deep.
Assignment
A transfer of a claim, property right, etc.
Best Management Practice (BMP)
means a structural or nonstructural management-based practice used
singularly or in combination to reduce nonpoint source inputs to receiving
waters in order to achieve water quality protection goals.
Boat-slip
An unroofed structure confined by three sides used for temporary or
permanent storage and/or mooring of a watercraft.
Buffer Zone
Buffer means a natural or vegetated area through which stormwater
runoff flows in a diffuse manner so that the runoff does not become
channelized and which provides for infiltration of the runoff and
filtering of pollutants. The buffer shall be measured landward from
the normal pool elevation of impounded structures and from the bank
of each side of streams or rivers.
Building Permit
A written authorization secured from the county where structure(s)
will be built, allowing construction according to certain specifications.
Cancellation
Termination of a lease between Progress Energy and the lessee.
Commercial Facilities
Facilities related to the operation of a marina or restaurant such
as boat storage, fuel dispensing, and provisions for food services.
Commercial Lease
Progress Energy land leased in association with a business such as
a marina or a restaurant or other multiple-use public or private facility
that accommodates more than 10 watercraft.
Development
Any activity, within the area leased from Progress Energy, involving,
requiring, or consisting of the construction or enlargement of a structure;
excavation; dredging; filling; dumping; removal of clay, silt, sand,
gravel or minerals; bulkheading, driving of pilings; clearing or alteration
of land; alteration of the shore, bank, or bottom of Lake Tillery,
or any tributary or wetland; or placement of a floating or attached
structure within the leased area.
Docking Structure
A structure over or adjacent to water used for mooring watercraft.
Dredging
The term "dredged material" means material that is excavated or dredged
from waters of the United States as defined by the Code of Federal
Regulations [33 CFR 323.2(c) and as permitted by appropriate federal
and state agencies.
Earth Tone
Related to color, colors that are usually neutral in shade and that
blend in with the surroundings and do not conflict with aesthetics
of the environment.
Easement
A non-possessing interest held by one party in the land of a second
party whereby the first party is accorded partial use of the land
for a specific purpose with certain specified restrictions.
Encroachment Agreement
A document recorded at the pertinent County Register of Deeds Office
that allows one party to place facilities in the allotted area of
a second party.
Environmental
The aggregate of all conditions affecting the existence, growth, and
general welfare of living organisms and includes complex interactions
with chemical and physical variables.
Environmentally Sensitive Habitat
Habitat that is identified to be of high quality for a healthy ecosystem,
including both plants and animals, which provide important areas for
living, feeding, reproduction, rearing, and resting. These habitats
also include habitat for rare, threatened, or endangered plants and
animals. Such habitats have the highest priority for protection from
degradation and impact due to human activities to sustain the ecosystem
in general or specific identified organisms.
Excavation
Removal of soil and rock associated with construction or placement
of shoreline bulkheads.
F E R C
Abbreviation for Federal Energy Regulatory Commission. The federal
agency by which Progress Energy is licensed to operate the Tillery
Hydroelectric Plant, Lake Tillery and the project lands.
FAA
Abbreviation for the Federal Aviation Administration. Facilities -
Structures such as walkways, seawalls, piers, boathouses, boatslips,
deck areas or other structures located on Progress Energy property.
Facilities Approval Form
A Progress Energy form that describes the proposed facilities that
will be located on Progress Energy property. Form is used to secure
a building permit from the appropriate county.
Facilities Approval Form Fee
A fee to cover Progress Energy expenses associated with the permitting
of facilities on Progress Energy property. Synonymous with processing
fee.
Filling
The placement of material in the lake for purposes of land reclamation.
This practice is prohibited.
Filter Cloth Barriers
A cloth placed on the bank prior to placement of riprap to prohibit
soil from washing away from riprap.
Floatation Devices
Normally made of encapsulated styrofoam.
Forest Management Practices
Established and accepted practices of silviculture.
Full Pond/Full Lake/Full Pool Elevation
A measurement of elevation, in feet (278.2 feet) above mean sea level,
to the top of the floodgates at the Tillery dam.
Grandfather Provisions
Temporary provisions that allow an existing structure to continue
to exist in noncompliance with existing guidelines. When maintenance
repairs exceed 50% of the value of the structure, the grandfather
provisions are void and the structure must come in compliance with
existing guidelines.
Guidelines
A manual of procedures governing the use of leased properties at Lake
Tillery.
Habitat
The region where plants or animals naturally grow or live and include
chemical and physical features that comprise the environment and allow
plants and animals to thrive.
Herbicides
Chemicals designed to retard or prohibit plant growth.
In-Ground Boathouse
A boathouse placed in an excavated area in the shoreline bank of a
lake.
Indigenous Species
Species native to the area.
Land-disturbing activity
Any use of the land that results in a change in the natural cover
or topography that may cause or contribute to sedimentation
Landward
On the side toward the land.
Lease
A written document by which the rights of use and occupancy of land
and / or structures are transferred by the owner to another person
or entity for a specified period of time in return for a specified
rental.
Leased Properties/Leased Area
The location where rights of use or occupancy have been transferred
from lessor to lessee.
Lessee
The party who possesses the right to use or occupy a property under
lease agreement (tenant).
Lessor
The party who holds title to and conveys the right to use and occupy
a property under lease agreement (landlord).
License
A formal, legally binding agreement that allows a certain activity
to be performed. MSL - Abbreviation for mean sea level.
Multi-Unit Dwelling
A structure that can legally accommodate more than one family unit
such as an apartment or townhouse.
Natural Condition/Natural State/Natural
The forest floor as found in an undisturbed mature or maturing forest.
(See definition of Natural Forested Vegetation as given below.)
Natural Forested Vegetation
The plants of an area which grow together in disturbed or undisturbed
conditions in various wooded plant communities in any combination
of trees, saplings, shrubs, vines and herbaceous plants.
Natural Ground Cover
Low growing terrestrial vegetation existing on forest or shoreline
lands that is naturally occurring without disturbance from human activity.
NCDENR
Abbreviation for the North Carolina Department of Environment & Natural
Resources.
NCWRC
Abbreviation for the North Carolina Wildlife Resources Commission.
Neutral
Pertaining to color, usually earth tone colors that do not sharply
contrast to the existing background colors.
Non-Compliant Structure
Any structure that does not conform to the entitled Guidelines for
the Use of Leased Properties at Lake Tillery.
NCDWQ
Abbreviation for the North Carolina Division of Water Quality, a division
within the North Carolina Department of Environment and Natural Resources.
Open - Sided Boathouse
A boathouse whose sides are open from the decking upward to the ceiling
joist.
Open Slatted
Refers to boards on walkway, each board having a space between it
and the next board.
Permit
Authorization by one party of a certain activity by another party.
Private Recreation Lease
Progress Energy land leased in association with the residence of a
family.
Project Boundary
The perimeter of Progress Energy's property at Lake Tillery as shown
in its license with the Federal Energy Regulatory Commission (FERC).
Projection Lines
Synonymous with allocation lines.
Recapture
Placing soil into an eroded area or the formation of a new land area
is prohibited unless permitted by U.S. Army Corps of Engineers guidelines.
Re-let
To lease again.
Riprap
Large crushed stone (8-10 inches or greater in diameter) used for
bank stabilization. This method of shoreline stabilization provides
better fish habitat structure.
Runoff
Water that is not absorbed into the ground and enters into a body
of water.
Silt Fence
An upright cloth or synthetic barrier anchored in the ground to prevent
erosion.
Sublet
The process by which the existing lessee leases rights to another
party.
Suppressed Tree
Trees that do not reach full potential due to competition and shading
from taller overstory trees.
USACOE
Abbreviation for the United States Army Corps of Engineers.
USF&W
Abbreviation for the United States Fish & Wildlife Service.
USGS
Abbreviation for the United States Geological Survey.
Vegetated Condition
Plant life, such as natural vegetation consisting of grasses, shrubs,
and trees in a sufficient amount to minimize or prevent soil erosion
and bank slumping.
Vegetative Buffer
Plant life, such as natural vegetation, in a sufficient amount to
prohibit erosion in the designated buffer zone.
Water Dependent Structure
Water dependent structures are those structures for which the use
requires access of proximity to or siting within surface waters to
fulfill its basic purpose, such as boat houses, docks and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies,
parking lots and commercial boat storage areas are not water dependent
structures.
Water Quality Regulations
Rules established by the NCDENR to promote and protect water quality.
Waterward
On the side toward the water.
Wetlands
Areas that are inundated or saturated by an accumulation of surface
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. Wetlands
classified as waters of the state are restricted to waters of the
United States as defined by the Code of Federal Regulations (33 CFR
328.3 and 40 CFR 230.3).
Commercial Facilities
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Application Process for Construction or Additions
Construction of or additions to commercial facilities within Progress
Energy's Lake Tillery Hydroelectric Project boundary requires Progress
Energy approval, resource agency consultation and approval by the
Federal Energy Regulatory Commission (FERC) before any activities
begin. The process requires the following steps:
Step 1
Contact the Progress Energy representative and present proposal.
Proposal should include:
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Description, including reason(s) proposal
is desired or needed. |
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Scale drawing of the site showing the
proposed additions and all existing facilities within the leased
area. Include dimensions of additions and other principle structures. |
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USGS or similar Map showing site location. |
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Written directions to the property. |
Progress Energy will review the proposal and determine the merits
of continuing the approval process. If the proposal is approved to
proceed, a $100 non-refundable application fee will be required and
the applicant will be instructed to consult with the resource agencies
(with documentation provided to Progress Energy as noted below).
Step 2
If approved to proceed by Progress Energy, the applicant must consult
with the resource agencies. Consultation with agencies requires that
the entire proposal package as listed above be sent to the those agencies
being consulted. Those agencies include, but are not limited to the
following:
Program Manager
Habitat Conservation Program
N.C. Wildlife Resources Commission
1142 I- 85 Service Road
Creedmor, NC 27522
Phone # (919) 528-9886
Fax # (919) 528-9839
Supervisor
Raleigh Field Office
U.S. Fish & Wildlife Service
P.O. Box 38726
Raleigh, NC 27636-3726
Phone # (919) 856-4520
Fax # (919) 856-4556
Deputy State Historic Preservation Officer
109 East Jones Street
Raleigh, NC 27601-2807
Phone # (919) 733-4763
Fax # (919) 733-8653
N.C. Division of Parks and Recreation
P.O. Box 27687
Raleigh, NC 27611
Phone # (919) 715-8688
Fax # (919) 715-3085
Written confirmation of agency consultation and comments must be
obtained by the applicant and provided to Progress Energy for review.
Resolving agency comments is the responsibility of the applicant.
In addition, the applicant must provide appropriate documentation
to show that the proposed project complies with all local, state,
and federal environmental laws and regulations (e.g., N.C. Water Quality
Regulations). The proposal, the consultation documents, and resolution
of agency comments must be reviewed and deemed appropriate by Progress
Energy's Hydro Licensing & Compliance before being forwarded to the
FERC for approval
Step 3
After the proposal has been reviewed, and it is deemed appropriate
to proceed, Progress Energy's Hydro Licensing & Compliance will prepare
a package to submit to the FERC which will include: (1) the proposal
description, drawing, and a location map; (2) resource agency comments
and applicant responses; and (3) any required license exhibits or
other items necessary for FERC review. Approval by the FERC is not
guaranteed and may involve follow-up correspondence and other FERC
mandated activities. Final approval by Progress Energy is dependent
upon the response of the FERC.
Impact Minimization Zone Guidelines
Impact Minimization Zones (IMZs) are areas of special
concern to Progress Energy. Certain areas are worthy of an additional
level of protection that is not afforded to all of the lands covered
by the Guidelines for the Use of Leased Properties at Lake Tillery.
IMZ's offer an increased level of protection to these areas. Within
the individual IMZ's, there may be certain aquatic or terrestrial
resources or habitat characteristics that need complete protection
to avoid environmental degradation of the area. Development within
the IMZs will be carefully reviewed by Progress Energy staff, and,
in some instances, permits denied or modified so as not to severely
impact environmental resources.
Disturbance, including shoreline clearing and modification,
impacts to aquatic vegetation beds including the removal of submerged
woody debris, construction of piers, etc., in areas within Impact
Minimization Zones (IMZ's) requires the approval of the Progress Energy
staff. Any proposed disturbance must include an impact minimization
plan that contains measures to avoid, minimize, or mitigate impacts
to important environmental features within the IMZ. There may be special
considerations in an area that is contained in an Impact Minimization
Zone that would preclude disturbance of any type. Approval of disturbance
activities and the plan to minimize the impact of the proposed disturbance
will be decided on a case by case basis. Activities in the IMZ are
subject to the following restrictions:
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Disturbance of an area within an IMZ may be prohibited |
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Construction of boathouses and docks will not be
allowed in the shallow upper ends of coves or lake arms where
water depths are considered to be not navigable in normal operating
ranges of the reservoir |
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Removal of woody debris will not be allowed without
the express written permission of the Lake Manager. Submerged
trunks 10 inches or greater in diameter are considered high quality
fish habitat. Removal of woody debris may require mitigation by
lessees, unless the debris constitutes a navigational or safety
hazard. |
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Construction of new docks will require the design
considerations for a fish-friendly pier. |
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Construction activities are not allowed, except
with the express written permission of Progress Energy, and must
be completed by a specified date. |
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Land disturbing activities are not allowed, except
with the express written permission of Progress Energy, and must
be completed by a specified date. |
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No types of dredging are allowed in IMZ's, |
|
Boathouses are not desirable within IMZ's, |
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Facilities that are built are restricted to no more
than 800 square feet of surface area. |
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Only shoreline stabilization through the use of
native plant species is allowed in IMZ's |
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Piers may not exceed 75 feet in total length or
one-third of the total width of a cove at full pond elevation,
whichever is less, and should not extend waterward any further
than necessary to access a water depth of 6 feet. Progress Energy
may disallow all facilities if the cove is less than 45 feet wide. |
All leased properties are subject to the Guidelines
for the Use of Leased Properties at Lake Tillery.
The following practices are encouraged in the IMZ's
and will be given special consideration by Progress Energy staff:
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If structures are permitted, they should
incorporate additional structure complexity under piers to create
additional fish habitat and use fish-friendly pier design considerations. |
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Walkways must be 3 feet above the normal
full pool elevation and no more than 5 feet wide to minimize disturbance
to existing vegetation. Placement of such structures should also
consider orientation of the sun and the potential shading of an
existing aquatic vegetation bed. |
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The design of all structures should
be developed such that they avoid sensitive areas within the IMZ.
Sensitive areas include the shallow end of coves or lake arms,
known spawning areas for bedding fish, areas where tributaries
enter the lake, and habitat that has been documented to be utilized
by any rare, threatened, or endangered species. |
