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.

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