On 3/7/2013, the Federal Energy Regulatory Commission (FERC), Washington D.C., published the following issuance:

Description: Notice of application accepted for filing and soliciting comments, motions to intervene, and protests re: Revised Shoreline Management Plan (P-2210-207)

You can view the issuance soliciting comments below.

You can view proposed changes to the Shoreline Management Plan below.

Rocky Mount, Va., Feb. 28, 2013 – Changes in how the shoreline is managed at Smith Mountain and Leesville lakes could be on the way if the Federal Energy Regulatory Commission (FERC) adopts a proposal it received today by several parties. 

For more than a year Appalachian Power, Bedford, Campbell, Pittsylvania and Franklin counties, the Tri-County AEP Relicensing Committee (TCRC) and local resident Bill Brush have participated in a FERC dispute resolution process to address issues related to how the shoreline is managed at the reservoirs.

“As is the case with most any settlement, not every party got everything that they wanted from this process,” said Charles Patton, Appalachian Power president and COO. “However, the parties have worked diligently over the last 14 months to try to achieve a plan that ultimately supports the best interests of the lake and the lake community, while at the same time ensuring the successful and efficient operation of the hydroelectric facility. I commend the parties for their efforts and dedication to the lake and the people who live and work around it.”

Since 2003 the land closest to the water at the reservoirs has been managed under a Shoreline Management Plan (SMP) approved by the FERC, which has regulatory authority over the project. The goal of the plan is to protect the scenic, recreational and environmental qualities of the lakes. Specifically, the plan addresses subjects like marinas, boat slips, and installation of erosion controls like rip-rap and shoreline vegetation as well as guidelines on constructing or maintaining docks, among other things.

“We are pleased that the Tri-County Relicensing Committee, Appalachian Power, and the counties surrounding Smith Mountain and Leesville lakes have been able to resolve many of the difficult issues that were a part of the previously proposed SMP, and hope that all of the parties will be able to work together going forward for the benefit of our citizens and businesses," said Bob Camicia, chairman of TCRC and Franklin County supervisor.

The Smith Mountain Project boundary for Smith Mountain Lake is the 800’ topographical contour line, and for Leesville it is 620’. The shoreline management plan can be found on-line at www.smithmtn.com.

The Smith Mountain Project is a two-reservoir hydroelectric generation project that uses pumped-storage system to provide low-cost electricity for the region and, at the same time, is a driver for the surrounding area’s economy and a focal point for residential, tourism and outdoor activities.

The TCRC is comprised of the four counties, Bedford, Campbell, Franklin and Pittsylvania, in which the Smith Mountain Project, Smith Mountain Lake and Leesville Lake, is located. Each of the four counties was very involved in the relicensing of the Project and formed the Tri-County AEP Relicensing Committee to represent and advocate local government interests.

###

Smith Mountain Lake Association requests the Shoreline Management Plan arbitrary limitation of structure maintenance to 50% or less, at one time, be eliminated as it conflicts with license Article 415 and is unenforceable because of its lack of specificity regarding the method of calculating the percentage of maintenance and the time interval between which separate maintenance actions can be performed.

Smith Mountain Lake Association requests the Shoreline Management Plan arbitrary limitation of structure maintenance to 50% or less, at one time, be eliminated for constitutional reasons as it violates both due process and the takings clause of the Constitution of the United States of America.

Smith Mountain Lake Association requests that all existing (permitted and non-permitted) structures within the project boundary be vested in accordance with Virginia Code § 15.2-2307. Vested rights not impaired; nonconforming uses, as the project contains no federal lands and is operated and partially owned by a for profit corporation operating in the Commonwealth of Virginia.

 Smith Mountain Lake Association requests the Shoreline Management Plan requirement to register existing non-conforming structures with Appalachian Power by August 31, 2005 be eliminated because the licensee failed to properly and reasonably notify affected property owners, failed to acknowledge the adequacy of submitted documentation, and unreasonably required the affected property owner to possess expert knowledge of what constituted a compliant structure.

Smith Mountain Lake Association requests that the Commission’s Final Agency Action (See eLibrary no. 20110826-0109), mandating that Gangplank Pointe docks and eventually all heretofore grandfathered docks be brought in to conformance with Shoreline Management Plan (SMP) regulations under Project  No. 2210-090, which was noticed on 24 August 2011, be stayed until the Commission acts on the revision to the Shoreline Management Plan  (Docket P-2210-207).

Smith Mountain Lake Association respectfully requests expedited review of and action on this request in order to protect the interest of shoreline residents and others in the Smith Mountain Lake region who would be directly affected by resolution of these important issues on rehearing and or clarification and would suffer substantial hardship from the immediate implementation of the Order.

Read the entire filing below