15A NCAC 10F .0374       CUBE HYDRO CAROLINAS SAFETY Zones AND RESTRICTED ZONES AREAS

(a)  Regulated Areas. This Rule shall apply to the following hydroelectric stations, dams, associated structures, abutments, and equipment:

(1)           High Rock Hydroelectric Station on the Yadkin River in Rowan and Davidson counties;

(2)           Tuckertown Hydroelectric Station on the Yadkin River in Stanly and Montgomery counties;

(3)           Narrows Hydroelectric Station on the Yadkin River in Stanly and Montgomery counties; and

(4)           Falls Hydroelectric Station on the Yadkin River in Stanly and Montgomery counties.

(b)  Safety Zones. Except for Cube Hydro Carolinas and Commission personnel, no entry shall be allowed in the waters listed below unless authorized by Cube Hydro Carolinas:

(1)           Yadkin River in Rowan and Davidson counties, 200 feet downstream from the powerhouse, turbines, or generator discharge that mechanically propels or accelerates the flow of water at the High Rock Hydroelectric Station;

(2)           Yadkin River in Stanly and Montgomery counties, 200 feet downstream from the powerhouse, turbines, or generator discharge that mechanically propels or accelerates the flow of water at the Tuckertown Hydroelectric Station;

(3)           Yadkin River in Stanly and Montgomery counties, one hundred feet directly in front of the powerhouse, turbines, or generator discharge that mechanically propels or accelerates the flow of water at the Narrows Hydroelectric Station; and

(4)           Yadkin River in Stanly and Montgomery counties, 100 feet downstream from the powerhouse, turbines, or generator discharge that mechanically propels or accelerates the flow of water at the Falls Hydroelectric Station.

(c)  Restricted Areas. Restricted Areas shall be located 200 feet upstream and 200 feet downstream from the hydroelectric stations described in Paragraph (a) of this Rule. Individuals in or upon a vessel in a restricted area shall wear a U.S. Coast Guard-approved personal flotation device as described in Rule .0201 of this Subchapter.

(d)  Swimming. Swimming shall be prohibited in restricted areas.

(e)  Firearms. No person shall discharge a firearm within a restricted area.

(f)  No vessel shall tie off to the hydroelectric station structure or the accessory structures, anchor, or secure a vessel in the restricted areas described in Paragraph (a) of this Rule.

(g)  Paragraph (f) of this Rule shall not apply to persons who enter with consent of Cube Hydro Carolinas to maintain, repair, or evaluate facilities of Cube Hydro Carolinas; law enforcement or emergency personnel; or State employees acting in an official capacity.

(h)  Placement and Maintenance of Markers. Cube Hydro Carolinas shall place and maintain buoys and other signs implementing this Rule.

History Note:        Authority G.S. 75A-3; 75A-15;

Eff. January 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016;

Amended Eff. September 1, 2023; October 1, 2018.