Guidelines for the Use of Residential Leased Properties at HYCO LAKE

Transcription

1 PERSON-CASWELL LAKE AUTHORITY Guidelines fr the Use f Residential Leased Prperties at HYCO LAKE INCORPORATED AS ATrr ACHMENT NUMBER ONE PERSON-CASWELL LAKE AUTHORITY LEASE OF THE CONTROL STRIP TO PROPERTY OWNERS FOR PRIVATE USE EFFECTIVE DATE - OCTOBER 1! 2006 REVISED & ADOPTED SEPTEMBER 11! BY PCLA AND PROGRESS ENERGY i

2 I GUIDE LINES FOR USE OF RESIDENTIAL LEASED PROPERTIES AT, SECTION PAGE 1.0 Purpse General Guidelines The Applicatin Prcess Guidelines Regarding IVegetatin Vegetative Buffer Aquatic Vegetatin Guidelines Regarding Sea walls Guidelines Regarding Dredging and Filling Guidelines fr Private Facilities Bathuses, Piers, Dcks, Gazebs Walkways Fences Items Prhibited n Leased prperty Guidelines fr Cmmercial Facilities Guidelines fr Existing Facilities 8 NOTICE: Leasehlders, Realtrs and Cntractrs shuld review and adhere t the full scpe f these Guidelines. SPECIAL ATTEN- TION shuld be given t thse items in BOLD print, they represent changes made t this dcument.

3 Guidelines fr the Use f Leased Prperties at Hyc Lake 1.0 Purpse The guidelines included in this dcument are intended t help lessees and ptential lessees understand Prgress Energy's plicies fr permitting activities within areas, leased frm Prgress Energy, surrunding Hyc Lake. Prgress Energy wns and perates the Hyc Steam Electric Plant t generate electricity fr sale t the public. Prgress Energy will permit limited develpment activities arund the shreline f Hyc Lake, hwever, Prgress Energy must ensure the prtectin f: public recreatin pprtunities, aesthetic beauty, envirnmental features, and pwer prductin capability at the prject. In deciding whether t grant permissin, Prgress Energy will balance the desires f the Lessees and applicants with the envirnmental values, public gd, and ther prject purpses. Each prpsed activity will be evaluated accrding t these guidelines. It shuld be nted that sme areas arund Hyc Lake are nt available fr leasing. Cntact the Persn-Caswell Lake Authrity representative at (336) with questins r cncerns regarding these matters. PCLA's gar with these guidelines is t prvide a mechanism t assist in the prtectin and enhancement f the envirnmental, scenic and recreatinal values prvided by Hyc Lake and the prject lands, while ensuring the cntinued safe and reliable prductin f steam electric pwer at the prject and cmpliance with regulatry requirements. 2.0 General Guidelines These guidelines are nt intended t be all inclusive. Any prperty wner wh wishes t cnstruct facilities r engage in any land-disturbing activity (including altering the vegetatin) n Prgress Energy prperty must apply t Persn-Caswell Lake Authrity fr a permit. Use f subleased Prgress Energy prperty will be evaluated n a case-by-case basis. Fr private facilities, the leased prperty must be cvered by a current, paid-in-full residential lease. Ownership f a lt n the reservir r lease f prperty frm Persn-Caswell Lake Authrity des nt guarantee the prperty wner the right t access Prgress Energy land fr the purpse f making any imprvements, including the cutting f vegetatin r cnstructin f any structure withut specific written authrizatin frm Persn-Caswell Lake Authrity. Fr private facilities, the allwable cmbined square ftage f all water-dependent structures is dependent n the length f leased shreline and shall nt exceed 1,800 square feet. (This des nt include sea wall square ftage.) The height f any structure must nt exceed 21 feet abve nrmal water level (measured at the highest pint.) 1

4 These guidelines are subject t revisins it Prgress Energy's directin. Prperty wners must receive written apprval frm Persn-Caswell Lake Authrity befre beginning any imprvements within the leased area. This requirement applies t all facilities n the land r ver the water. Similarly, written apprval must be btained frm Prgress Energy prir t beginning activities such as dredging and filling r vegetatin remval and/r chemical treatment in the water. 3.0 The Applicatin Prcess The permitting prcess begins with a call t the Persn-Caswell Lake Authrity representative, at (336) , t arrange an appintment. The Persn-Caswell Lake Authrity representative will meet with yu n yur prperty t discuss yur plans, review yur relevant drawings, and review Prgress Energy requirements and guidelines. All drawings must be t scale reflecting a flr plan, frnt, side and rear view including elevatin. Yu will need t prvide the fllwing: Scaled, detailed Drawings f prpsed cnstructin and site plan sufficient t shw cnstructin and distances frm prperty prjectin lines. All drawings must bear the signature f the prperty wner signifying apprval befre submitting t PCLA fr a Permit. a Existing and prpsed square ftage f water-dependent structures. Specificatins f all cnstructin materials. Plan fr ersin and sedimentatin cntrl during cnstructin including stakes at the site marking the utside crners f any structures. A Nn-refundable prcessing fee f $ Cnstructin Permits are gd fr six mnths. Cnstructin Permits will be apprved/disapprved and returned t the Prperty Owner within 21 days under nrmal circumstances. Cntested Permits may require mre turn arund time. Each apprved/disapprved Permit must bear the signature and date f the PCLA Staff. Persn-Caswell Lake Authrity reserves the right t make peridic inspectins f permitted activities r facilities during and after cnstructin t ensure cmpliance with permit cnditins. After cnstructin is cmpleted, (within ten days) the Prperty Owner must ntify Persn-Caswell Lake Authrity, and a representative will make the final inspectin t insure cmpliance with Prgress Energy's facilities apprval cnditins. Final apprval will be nted n the drawings by date and signature f the inspecting PCLA Staff member in charge. 4.0 Guidelines Regarding Vegetatin Vegetatin is imprtant t the aesthetic and envirnmental qualities f Hyc Lake. In additin t enhancing the natural beauty f the lake, vegetatin helps prevent water pllutin and prvides habitat fr birds, mammals and fish. These guidelines are intended t prvide hmewners with enugh flexibility t use Prgress Energy prperty apprpriately while prtecting the envirnment. 2

5 4.1 Vegetative Buffer I In additin t the primary purpse f electric pwer generatin, Hyc Lake als is used as a surce f drinking water fr emplyees at Prgress Energy's Rxbr Steam Electric Plant. It is preferred by Prgress Energy and Persn-Caswell Lake Authrity that the shreline be maintained in a natural r vegetated state t preserve water quality. The fllwing guidelines apply t prperty leased frm Persn-Caswell Lake Authrity a Leased land shuld be maintained in a natural r vegetated state t effect ersin cntrl and imprve water quality. Limited clearing fr visual and physical access t the water is permitted, but large trees and shrubs must be retained. Heavily wded stands may be thinned nly accrding t accepted frestry management practices. Written apprval is required frm PCLA prir t the remval f any trees r vegetatin. N trees larger than five (5) inches in diameter at breast height shall be remved unless the tree is dead, dying, suppressed by ther trees, r pses a safety hazard. Persn-Caswell Lake Authrity reserves the right t plant r require the planting f vegetative materials within the leased area. Persn-Caswell l.akc Authrity may require, at the leasehlder's expense, the remval f any unauthrized imprvements and restratin f the leased prperty t a natural state. 4.2 Aquatic Vegetatin Aquatic vegetatin can prvide gd fish habitat and fd fr ther animals. Hwever, sme aquatic weeds in Prgress Energy lakes, reservirs, and impundments have the ptential t negatively impact Cmpany peratins, authrized public recreatin, water quality, and/r the bilgical ppulatins f these water bdies. Als, they may threaten the water resurces f the State f Nrth Carlina. In rder t reduce r eliminate the impact and threat f aquatic weeds in Prgress Energy lakes, reservirs, and impundments, it is the plicy f Prgress Energy t implement, when apprpriate, the best available technlgy fr weed cntrl when any f the abve-mentined impacts can be demnstrated. These measures may include, but nt limited t, accepted chemical, bilgical, and physical cntrl techniques. Any cntrl measures implemented will be dne s nly after cnsideratin f all knwn factrs and after cnsultatin with apprpriate State agencies having jurisdictin. 5.0 Guidelines regarding Sea walls Sea walls, bulkheads, and similar structures are smetimes used t prevent shreline ersin. Prgress energy prefers the use f native shreline vegetatin t cntrl ersin. Fr apprpriate indigenus species, cntact yur lcal cunty extensin agent. The fllwing guidelines will apply fr the cnstructin f sea walls. 3

6 Any land-disturbing activity n Prgress Energy land, including the shreline, must receive prir written apprval frm persn-caswi" Lake Authrity. Facilities apprval (Cnstructin Permits) are required fr the cnstructin f sea walls. Rip rap material n the water side f sea walls is required fr the enhancement f fish habitat; hwever, the placement f stne r ther materials int water is regulated by the Army Crp f Engineers, the Nrth Carlina Divisin f Water Quality and the Wildlife Resurces Cmmissin. Cmpliance with these agencies' requirements is a prerequisite t receiving apprval frm Persn-Caswell Lake Authrity. a The use f rip rap fr shreline ersin cntrl withut a sea wall may be permitted with prir written apprval frm Persn-Caswell Lake Authrity. Rip rap withut a sea wall will be permitted nly with a filter clth barrier. Sea walls must be cnstructed f pressure-treated lumber, interlcking stne, r ther apprved material. Railrad ties, metal, rubber, r ther nn-apprved material will nt be permitted. The use f creste-treated wd is expressly prhibited. The height f sea walls shall cnfrm t the natural cntur f land, but in n case shall sea walls be higher than five feet abve the high water level (410 feet, 6 1/2 inches MSL). Fill material behind sea walls shall be gravel, quarry stne, r sil (brick r blck are nt permitted.). Sea walls cannt be used t extend the shreline int the lake. 6.0 Guidelines Regarding Dredging and Filling D nt depsit r remve any sil frm leased prperty, including the lake, prir t btaining PCLA's written apprval. Permissin frm the U. S. Army Crp f Engineers, the State f Nrth Carlina Divisin f Water Quality (Department f Envirnment, Health, and Natural Resurces) and the Wildlife Resurces Cmmissin is required fr dredging r excavatin within the lake. General dredging guidelines include, but are nt limited t. Altering the shape f the shreline is nt permitted. Recapturing r extensin f land by filling behind a retaining wall is nt permitted. Dredging is nt permitted within wetlands withut prir apprval by the Army Crp f Engineers. Dredging is nt permitted during the mnths f March thrugh July due t fish spawning. All excavated material must be prperly dispsed and cmpletely remved frm Prgress Energy prperty. N material, including: trash, yard waste, leaves, grass, garbage, fd waste, fish parts, r animal waste, shall be dispsed f n the leased prperty r int lake waters. 4

7 7.0 Guidelines fr Private Facilities 7.1 Bathuses, Piers and Decks Private piers, bathuses and ther water-dependent structures are fr the cnvenience f the landwner. In rder t enhance public safety and visibility f the shreline and water, nly singlestry, pen-sided bathuses will be permitted fr use by private prperty wners. Persn-Caswell Lake Authrity will examine the plans fr each structure befre permitting, but the fllwing guidelines apply: Prir t the physical inspectin f the site, the Leasehlder and/r his/her representative must lcate the side line 420 stakes, and clear a path frm the 420 stakes t the nearest pint f water at nrmal water level, r clear a path where plat maps have dedicated water use lines. Stakes must be placed t indicate the desired lcatin and size f the prpsed structure t be cnsidered fr permitting. The allwable cmbined square ftage f all water-dependent structures is dependent n the length f leased shreline and shall nt exceed 1,800 square feet including rf verhang. (This des nt include sea wall square ftage.) All dcks must nt present a hazard t navigatin, with the maximum length f the dck t be established by Persn-Caswell Lake Authrity. As a general guide, a pier shuld nt bstruct mre than ne-third 1/3 the width f any cve t prtect public access and safety. Steps t any attic area will nt be permitted. All structures ver water must be at least ne ft abve full pl (410 feet, 6 1/2 inches MSL). Dcks and piers must be statinary and supprted by pilings and/r attached t the leased area. Prtable picnic tables and lawn furniture may be placed n land and n structures ver water. Jet Ski Lifts are cnsidered a water dependent structure, and require a Cnstructin Permit. a Bathuses must be cnstructed f wd framing with pen sides. Eighty (80%) f the structure must have pen sides. Only screened in prches will be allwed and be limited t 150 square feet n the land side nly. N glass enclsures will be allwed. Natural r neutral clrs are preferred t enhance the natural appearance. Masnry f any type belw the 420 ft cntur line, with the exceptin f sea walls, is prhibited. 5

8 N living, sleeping, cking, heating/cling units, r sewage facilities r sinks are permitted within, adjacent t, r abve bathuses r therwise n the leased prperty. Enclsed Strage areas assciated with bathuses shall nt exceed 150 square feet (utside dimensins) r smaller. Use f bathuse strage areas fr items ther than thse assciated with swimming, bating, skiing, and fishing is prhibited. A twenty five (25) ft set back is recmmended frm side-use water lines, unless a waiver f the requirement is executed by bth affected prperty wners with a cpy placed in each lease file. Where water use lines are nt displayed n plat maps, the rule f thumb used by PCLA is the nearest pint f water at nrmal water level. 7.2 Walkways Prgress Energy will permit the limited cnstructin f walkways within the leased area. Walkways must either have natural grund cver r be cnstructed f pen slatted, pressure-treated wden materials, fllw the cntur f the land, and must lead t a pier r bathuse. Access t the shreline shall be by pathway n wider than five feet. 7.3 Fences Fences within the leased area will nt be permitted belw the 420 cntur line. 7.4 Items Prhibited n Leased Prperty fr Private Facilities 1. Swimming pls 2. Septic systems and/r drain fields 3. Strage building, r ther structures except as permitted in bathuses 4. Huses, including residential rf verhangs 5. Garages r carprts 6. Animal lts and huses 7. Satellite dishes abve thirty (36) inches in diameter 8. Fuel pumps 9. Encrachments n adjining leased areas 10. Electrical service that des nt meet Natin Electrical Safety Cde requirements 11. Facilities that represent health and safety hazards 12. Cmmercial activities withut PCLA's written permissin 13. Assignment r subletting f PCLA leases withut prir written apprval 14. Strage f vehicles 15. Underwater r partial submerged structures r facilities which culd present a safety hazard 16. Strage r dispsal f any regulated materials 17. The discharge f any cncentrated runff; that is, cncentrating strm water runff int a Single pipe r ditch, that discharges nt Prgress Energy prperty and accelerates ersin 18. The discharge r dispsal f any material nt specifically apprved by PCLA 19. The use f tin r ther metal materials t repair sides f existing bathuses r ther structures 6

9 20. Fuel r ther strage tanks 21. Sand Beaches 22. Aircraft 23. Husebats 24. Private bat ramps 25. Burning belw the 420 cntur line 26. Cncrete r asphalt driveways and/r walkways Nte: Failure t abide by these cnditins may result in the cancellatin f any existing lease, and the restratin f any damage at the cst f the lessee. PENALTIES/FEES FOR VIOLATIONS Leasehlders wh wn prperty adjacent t the shreline belw the 420 ft cntur line culd incur a penalty in the amunt f $ frm PCLA fr any vilatins f these Guidelines, especially thse items stated under 7.0, and thse stated belw: Failure t btain a lease and/r secure a Cnstructin Permit prir t cnstructin f any structure and/r shreline mdificatin Failure t btain a Cnstructin Permit t add r alter an existing structure. Cnstructin deviates frm the riginal drawings submitted t secure a Cnstructin Permit Cnstructin that des nt cnfrm with PCLA "Guidelines fr the use f Leased Residential Prperties at Hyc Lake" 8.0 Guidelines fr Cmmercial Facilities NOTICE: A cmplete set f guidelines gverning Cmmercial Facilities will be frth cming in a separate dcument. In the meantime the fllwing basic guidelines are applicable. Cmmercial facilities must be licensed by PCLA Detailed plans fr cnstructin, additins r mdificatins f cmmercial facilities must be submitted t PCLA fr review and apprval prir t beginning wrk. The merits f these plans will be cnsidered n a case-by-case basis. As mentined abve, cnsultatin with State and Federal agencies is required and will be the respnsibility f the applicant. In mst instances PCLA cannt cnsent withut prir Prgress Energy apprval. PCLA may permit the fllwing. Signs fr cmmercial peratins 7

10 Fuel tanks fr marina peratins, require PCLA's prir written apprval, and must meet all applicable legal requirements. Certain activities and items are expressly prhibited at these facilities, including, but nt limited t the fllwing; Encrachments n adjining leased areas Electrical service that des nt meet Natinal Electrical Cde requirements Facilities that represent health and safety hazards Assignment r subletting f PCLA leases withut prir written apprval Imprper strage r dispsal f any regulated materials a Structures that d nt meet Nrth Carlina Building Cde requirements 9.0 Guidelines fr Existing Facilities When majr repairs, invlving mre than fifty (50) percent f the current market value f the structure are made, the structure must be repaired s as t be in cmpliance with the guidelines included herein. Metal siding is nt permitted fr repair f any structures. If a structure is destryed by fire r ther means, the replacement structure must be built in cmpliance with these guidelines. All mdificatins t existing facilities are subject t these guidelines s that any preexisting nncmpliance is nt increased. NOTE: Any water-dependent structure r shreline mdificatins that are ut f cmpliance with the,"guidelines FOR THE USE OF LEASED PROPERTIES ON HYCO LAKE", when sld r transferred, must be brught int cmpliance befre new wners will be given a shreline Lease Agreement. EXCEPTIONS; When a lng standing existing structure encraches upn the prperty and/r water use lines f the adjining prperty wner; The Lake Authrity Bard will have the ptin t render an exceptin t the abve sectin when applying the fllwing criteria: 1. Remval f the structure will create a financial hardship fr the new wner, and 2. Prvided a signed waiver and/r letter f apprval regarding the lcatin f the structure is cntained in bth the current and frmer leasehlders file. All facilities n Prgress Energy prperty must be well maintained. Failure t prperly maintain facilities n Prgress Energy prperty may result in the cancellatin f any existing lease and the remval f the facility and restratin f the prperty at the expense f the lessee. 8