Smith Mountain


AEP
Draft Shoreline Management Plan
Frequently Asked Questions

American Electric Power and the Steering Committee overseeing the development of the Shoreline Management Plan for the Smith Mountain Project have received extensive comments and many questions from interested citizens, property owners, developers and businesses throughout the development of the plan.  This document is being provided to answer some of these frequently asked questions.  The answers provided are based on the current draft of the SMP.  These answers may change in the future due to revisions to the plan resulting from additional comments received during the public comment period.

Table of Contents

General

Shoreline Management Plan Development / Shoreline Classifications / Parameters

Threshold Regulations  Variance Process  Shoreline Stabilization 

Dredging

Vegetation

Implementation  Questions 


Additional Questions (added 8/29/03)

What is a Shoreline Management Plan?

A shoreline management plan (SMP) is a comprehensive plan intended to manage the multiple resources and uses of a lake’s shoreline so that they are consistent with a utility’s license requirements and project purposes, and addresses the needs of the public.  The draft SMP attempts to balance the many competing interests associated with the construction of structures along the shoreline.    

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Why is American Electric Power developing a Shoreline Management Plan?

AEP is licensed to operate the Smith Mountain Project by the Federal Energy Regulatory Commission (FERC.)  The Smith Mountain Project includes both Smith Mountain and Leesville lakes.  AEP has an obligation under its license from the FERC to manage the different occupancy and uses of project lands.  This includes the construction of boat docks, piers and erosion control structures.  The FERC license for the project includes the requirement that AEP manage the lands within the project boundary in such a way as to protect the resources of the project.  These resources include the environmental, public recreation, cultural, scenic, and power production resources. 

AEP is developing the SMP to assist with the management of the area within the project boundary.  The goal of the SMP is to provide public and private access, protect and enhance the non-power resources (scenic, recreational, and environmental) and the project’s primary function, the production of electricity.  

Currently commercial facilities, docks serving multi-family type dwellings and docks with more than 10 slips require resource agency review and FERC approval.  One goal of the SMP is to provide detailed requirements for these types of projects that take into account the protection and enhancement of the scenic, recreational and environmental values so that a project meeting the plan can be approved without additional agency and FERC review. 

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Why is the Federal Energy Regulatory Commission involved in Smith Mountain and Leesville lakes?

The FERC is responsible for issuing licenses for the construction, operation and maintenance of all non-federal hydropower projects.  AEP was issued a license by the FERC for the Smith Mountain Project in 1960. 

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Why Does the Federal Energy Regulatory Commission’s interest extend beyond the power production aspect of the project to the shoreline?

The FERC has oversight and regulatory authority over all of the activities and lands within the project boundary at the Smith Mountain Project.  Under Section 10(a)(1) of the Federal Power Act, the FERC is required to ensure that any project for which a license is issued will be best adapted to a comprehensive plan for improving or developing a waterway for the use or benefit of interstate or foreign commerce, for the improvement and utilization or waterpower development, for the adequate protection, mitigation, and enhancement of fish and wildlife, and for other beneficial public uses such as recreation.  In 1986, the Electric Consumers Protection Act amended the Federal Power Act to require FERC to give “equal consideration” to non-developmental interests when issuing a license for a hydropower project.  To carry out its responsibilities, the FERC has not only the authority, but also the obligation, to ensure that any uses of the project boundary will be in the public interest.  To that end, FERC requires the licensee to have sufficient control of the reservoir and shoreline to protect the project’s recreational, scenic, environmental and other public uses.

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What is the “project boundary?”

In general, the project boundary for Smith Mountain Lake is the area within the 800-foot contour National Geodetic Vertical Datum (NGVD.)  The project boundary for Leesville Lake is the area within the 620-foot contour NGVD. 

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Under what authority can American Electric Power manage what is being built on the shoreline? 

As the licensee, AEP has the responsibility and obligation under its license from FERC to manage the different occupancy and uses of project lands.  AEP is to manage the project lands in such a way as to protect the environmental, public recreation, cultural, scenic, and power production resources of the project.  In order to carry out AEP’s obligations under its license, property interests within the project boundary in the form of a Flowage Right and Easement Deed were acquired in the late 1950’s and early 1960’s before the project was constructed.  These interests are recorded in the respective counties surrounding the lake and are often referred to simply as flowage rights.  These Flowage Right and Easement Deeds conveyed interest to AEP that run with the land and as such are part of a federally licensed project.  Unfortunately, with the rapid pace of development at the lake in recent years, the interests held by AEP may have been overlooked and uses of project property have occurred as if “by right” rather than as a privilege.  The deeds specify that use of project property by an adjoining landowner is under a revocable license.

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Is American Electric Power required to develop a Shoreline Management Plan? 

No, the Federal Energy Regulatory Commission is not requiring AEP to develop a shoreline management plan, however they have encouraged the development of such a plan.  In addition, AEP anticipates that a shoreline management plan will be a requirement in the future for the relicensing of the project.

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Who has been involved in the development of the draft Shoreline Management Plan?

The draft SMP was developed with the help of interested individuals, local governments, businesses and state agencies.  AEP organized a Steering Committee that has been meeting since May 2001.  The intent of the steering committee was to provide as open a forum as possible for the development of the SMP.  The committee consists of representatives from the following groups:
  • Bedford County
  • Campbell County
  • Franklin County
  • Pittsylvania County
  • Virginia Dept. of Conservation and Recreation
  • Virginia Dept. of Environmental Quality
  • Virginia Dept. of Game and Inland Fisheries
  • Virginia Dept. of Historic Resources
  • Virginia Dept. of Health
  • Association of Lake Area Communities
  • Campbell County Citizen Representative
  • Smith Mountain Lake Association
  • Smith Mountain Lake Chamber of Commerce / Partnership
  • American Electric Power

In addition, several individuals were invited to attend the Steering Committee meetings to share their expertise.  Likewise, information has been actively solicited from the general public at key points in the development of the SMP.  Understanding that public review of the proposals is key to getting a quality final product, the steering committee has encouraged the public to comment on the development of the plan. 

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How was the draft Shoreline Management Plan developed?

The steering committee assisted with the development of a scoping document for the development of the plan.  A consultant was selected and various resource studies and data collection efforts were undertaken to obtain current information for the development of the SMP.  Information was collected on the existing land use within the project boundary, existing shoreline conditions, ecological resources, cultural resources, public and private recreational facilities, county regulations, and recreational boat use density.   This information was utilized by the steering committee to develop various types of shoreline classifications, their parameters and the threshold regulations.

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What public input was solicited? 

AEP has provided information to and actively solicited input from the general public at key points in the draft SMP development.  In addition, AEP prepared the website (www.smithmtn.com) to provide information to the steering committee and general public.  AEP has held four public meetings to date including:

  • A general information meeting on January 29, 2002.  AEP used the meeting to provide information about the SMP process and to solicit input from the public regarding important resources and issues on Smith Mountain and Leesville lakes.  AEP provided a questionnaire for individuals to complete and return.  AEP also made the questionnaire available to a number of groups, the counties, the local paper, and posted it on the SMP website; 
  • A second public meeting on August 7, 2002.  AEP presented the preliminary results of summer data collection efforts and reported on the status of the shoreline management planning process; and 
  • AEP held two public meetings on February 19 and 20, 2003 to present draft shoreline classifications, parameters and preliminary regulations for shoreline development.  During these meetings comment cards were provided for individuals as well as to various organizations.  The intent of providing the preliminary information was to solicit additional public comments that would be considered by the steering committee as they continued to develop the draft shoreline management plan.  

AEP made the draft SMP available to the public on the website (www.smithmtn.com) and various public locations on July 3, 2003 with a 42 day public comment period.  AEP will hold an open house from 3 to 8 PM July 23 at Altavista High School and from 12 to 8 PM July 24 at Resurrection Catholic Church in Moneta to solicit additional public comments.

The first draft is available for public review at the following locations.

  • Smith Mountain Lake Visitors Center, (540) 721-1203
  • Smith Mountain Lake Association office, (540) 297- 4146
  • Tri-County Lake Administrative Commission, (540) 721-4400
  • Moneta Branch Library (540) 297-6474
  • Forest Branch Library (434) 525-1817
  • Bedford County Planning Department, (540) 586-7616
  • Franklin County Public Library (540) 483-3098
  • Franklin County Planning and Community Development (540) 483-3027
  • Timbrook Branch Library (434) 239-1190
  • Campbell County Planning Department (434) 332-9592
  • Gretna Branch Library, (434) 656-2579
  • Pittsylvania County Planning Department (434) 432-7755
  • Hurt Town Manager’s Office (434) 324-4411

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What is a “Shoreline Classification?”

The draft Shoreline Management Plan includes a shoreline classification system to identify categories of use along the shoreline within the project boundary.  The classifications are as follows:

  • High Density Commercial
  • High Density Multi-use
  • Public Use
  • Low Density Use (including low density commercial, low density public use, low density multi-use and single family-type residential)
  • Impact Minimization Zone
  • Conservation / Environmental

The exact definition of each of the classifications can be found in the Draft Shoreline Management Plan. To define each shoreline classification, parameters were developed by the steering committee.  These parameters can also be found in the Draft Shoreline Management Plan. 

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What is a “Parameter?”

Parameters were developed for defining each type of shoreline classification.  The parameters were then applied to the actual shoreline to determine how each section of shoreline would be classified.  For example, the parameters for defining shoreline for future High Density Multi-Use structures include:

  • Coves and main channels with a width of more than 500 feet shoreline to shoreline; and
  • Existing watercraft density that is less dense than 15 acres per boat (low density) on the water adjacent to the proposed development or where the entrance to the cove is less dense than 12 acres per boat (medium density); or
  • Shoreline with existing multi-use type facilities.  

A complete list of parameters for each shoreline classification can be found in the Draft Shoreline Management Plan.

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Why was boating density used as a parameter?

Boat density was considered as a parameter in determining the type of shoreline that is suitable for future high-density boat dock projects.  The intent is to not place a high-density use in an area of the lake that currently has an existing high-density boat use.  This may be the opposite of how it is done on the land, but on land, additional lanes and traffic lights can be added as traffic increases.  The lake is a fixed area that cannot be widened to accommodate increased boat traffic in a narrow cove.

Aerial photos of the lake on 10 randomly chosen holiday and weekend days between Memorial Day and Labor Day 2002 were collected and analyzed.  To analyze the number of boats on Smith Mountain Lake, the lake was divided into 209 sections.  Smith Mountain was divided based upon natural restrictions and coves on the lake.  The boat counts were utilized to develop average boat densities for each of the sections on the lake.  Boating patterns are not uniform around the lake, therefore it is inappropriate to apply these standards to the entire lake to determine an average carrying capacity for the entire lake as a whole.  By utilizing smaller sections of the lake, boating capacity could be more accurately depicted.

Appendix C of the draft Shoreline Management Plan contains the results of the boat density mapping.  

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Will my existing dock have to be upgraded to meet the new requirements?

Existing docks that were constructed prior to the implementation of the shoreline management plan will not need to be modified to meet the new requirements.  Maintenance is encouraged.  According to the draft SMP, if the dock becomes in disrepair and requires more than 50% be replaced or repaired, it will need to conform to the new requirements.   If, however, the dock has been maintained throughout the years but it is at the stage where the pilings need to be replaced, then the footprint of the structure may be replaced as long as documentation has been provided detailing the existing structure.

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If my dock is destroyed by a natural cause or by fire, will I have to meet the new requirements?

According to the draft Shoreline Management Plan, property owners of structures that are destroyed by accident or natural event may apply to replace the destroyed structure with another structure of the same footprint.  The replacement must be completed within two (2) years.  In order to be considered for replacement, the property owners must have documentation of the existing structure.  This documentation may consist of photographic documentation along with any associated drawings.  If the structure has been destroyed for more than two (2) years, then it will need to be rebuilt in conformance to the provisions of the shoreline management plan.  Habitable structures and bathrooms will not be able to be replaced.

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My lot was platted in 1997 but I have not built a dock yet.  Will I have to have 100 feet of shoreline in order to have a dock?

According to the draft SMP, if a lot was platted prior to the date of implementation of the shoreline management plan, then it does not have to meet the 100-foot frontage requirement.  The structure, however, will need to meet all other requirements including setback requirements.

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I own the land in fee below the water level.  Do I still have to comply with the Shoreline Management Plan?

Even though you may own the land underneath the water in fee, the property is still subject to AEP’s Flowage Right and Easement Deed that was obtained when the project was built and you will be required to comply with the Shoreline Management Plan.

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The shoreline at my lot is classified as Impact Minimization Zone.  Will I be able to build a dock?

According to the draft SMP, the impact Minimization Zone classification does not preclude the construction of a dock or erosion control structures.  However, development within the IMZ shoreline classification must be carefully considered to ensure the protection of the important resources contained along the shoreline in these areas.  The draft Shoreline Management Plan includes specific mitigation requirements for each type of resource that may be found in an IMZ.  To find out why the shoreline in your area has been classified as an IMZ, please contact AEP.

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How are extended side lot lines determined?

According to the draft SMP, extended side lot lines may be determined in two ways.  A developer may show the lot lines as they extend into the water as part of the subdivision plat.  These lines may be the extension of the actual side property lines into the water or they may be shown at an angle in order to better accommodate each lot’s dock.  If shown on a subdivision plat these extended lot lines are called dock easement lines.  If the dock easement lines are not shown on a plat, then the extended property lines will be the extension of the actual side property line as it goes into the water.  

There is another option for showing dock locations.  A developer may show actual dock locations on an approved subdivision plan as long as docks are thirty feet apart.  This meets the intent of the plan by showing potential property owners where their neighbor’s docks will be located and provides a 15’ setback for each structure.

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I have an existing lot that is located in the back of a cove.  When I extend the side lot lines out, it doesn’t allow enough room for a dock.  What are my options?

Since the concept of extended side lot lines has not always been used when lots were subdivided in the past, the draft Shoreline Management Plan includes a variance process so these lots may be considered for a dock.  Permission from the adjacent property owner may also be obtained to cross over the extended line if the dock is a low-density single-family residential dock.  This type of dock may encroach the set back or extended property line without a variance provided the owner of the adjoining lot indicates in a written and recorded easement his/her approval of the proposed dock design and encroachment.  

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Why is there more setback required for a marina than a residential dock?

The setback provides space between adjacent uses to maintain safe navigation and minimize the impact between differing uses.  The draft Shoreline Management Plan requires more setback for a commercial dock because there is typically more boating traffic associated with commercial dock facilities than with residential docks.

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As a developer, I want to give the owners of off-water lots in my subdivision a boat dock on the lake.   What are my options? 

There are several options available to serve off-water lots.  A community dock in a low-density use classification allows two slips per 100’ of shoreline.  More than two slips / 100’ of shoreline would require location in a High Density Multi-Use classification or a High Density Commercial classification.  In a High Density Multi-Use classification, community docks on a subdivision access lot or a courtesy pier with a boat ramp can serve off-water lots provided the structures meet the High Density Multi-Use regulations.

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I received an AEP permit for a dock last month.  Is it still valid?

The AEP permits that were issued prior to the implementation of the SMP are valid for one year from the date they were issued.  If the dock is not built within that one year window, a new permit will be required and the dock will need to meet the new requirements.

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Is there a variance process?

A variance process has been included in the draft Shoreline Management Plan because there may be cases that warrant exception from the regulations and the classifications in the SMP.  AEP will consider whether a variance from the SMP is warranted on a case-by-case basis.  There are four different variance processes available:  1) Low Density Use Variance, 2) High Density Commercial, High Density Multi-Use, and Public Use Variances, 3) Impact Minimization Zone Variances and 4) FERC Variance (which includes variances for changes in shoreline classifications and construction in a Conservation / Environmental classification.)

A complete explanation of each variance process can be found in the Draft Shoreline Management Plan. 

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Will I be able to stabilize my shoreline?

Having natural shoreline is beneficial to the lake but it also needs to be balanced with the need to maintain the shoreline where wave action causes bank erosion.  There are situations where erosion is not a problem such as natural beach areas or in wetland areas.  In these cases, erosion control structures are not necessary.

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Can I stabilize my shoreline with a bulkhead?

Bulkheads are not the preferred choice for shoreline stabilization due to their associated negative impacts to fish habitat and natural areas.  However, there are times when bulkheads are necessary and desirable such as for a marina that utilizes a mechanical boat hoist and crane or where the bank is very steep.  The draft SMP does allow bulkheads under a variance if the bulkhead is the best option for stabilizing the bank.

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Will I be able to dredge around my dock?

According to the draft SMP, maintenance dredging will be allowed within existing slip and fairway areas. 

Retaining shallow water habitat and not disturbing spawning areas are important to the ecology of the lake.  The draft SMP allows dredging according to certain guidelines.  Dredging must be done outside the spawning period of March 1 – June 30.  Only accumulated sediment can be removed and original lake bottom may not be altered.  Dredging must not occur within 10 feet of any wetland area and dredging can not occur between 795’ elevation and 793’ elevation in order to retain shallow water habitat.  All U.S. Corps of Engineers and Virginia Department of Environmental Quality requirements also apply.  

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Why is AEP requiring that vegetative cover be retained along the shoreline?

Shoreline vegetation is important to the aesthetic qualities, environmental health, and water quality of Smith Mountain and Leesville lakes.  Vegetation enhances the natural beauty of the lake, helps prevent water pollution and provides wildlife habitat.

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Will I be able to maintain my existing lawn?

According to the draft SMP, if an area was cleared prior to the implementation of the SMP and no vegetation other than grass is present, the property owner may continue to maintain the lawn.  However, it is encouraged that a vegetative buffer be reestablished in order to protect the water quality of the lake.

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When will the Shoreline Management Plan be implemented?

AEP will begin implementing the SMP when it is filed with the FERC.

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Does AEP charge a fee for a permit?

AEP’s license from the Federal Energy Regulatory Commission allows it to charge a reasonable fee to cover the costs of administering the permit program.  A study will be conducted to assess what fees are appropriate.

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How will permits be issued?

AEP will be the initial contact regarding activities within the project boundary.  AEP will review the proposed installation for the concurrence with the SMP as filed with the FERC.  If the proposed work meets the conditions of the SMP, the application will be forwarded to the respective county for additional permitting.  Details on how this will be accomplished are currently being crafted and will be released as soon as plans are solidified.    

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Whom do I contact regarding questions or comments about the draft shoreline management plan?

Questions or comments related to the draft shoreline management plan, may be sent to:

The Louis Berger Group at 75 Second Avenue, Suite 700, Needham, MA  02494, Attn:  Bill Perry or wperry@louisberger.com.

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What are the fees going to be and who will have to pay? Will the lake community have to cover the cost of developing the plan?

AEP does not have plans to initiate annual fees for boat docks at the Smith Mountain Project. AEP does not plan to pass along the cost of developing the shoreline management plan to the lake community. There may be a fee for processing a new permit request in the future but only after a study period where actual costs can be determined.

Under Article 41 of the FERC license, AEP can charge a reasonable fee to cover costs of administering a permit program, but they cannot profit from implementing such a permit program. A copy of Article 41 can be found in Appendix B of the Shoreline Management Plan.

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Will beaches be allowed?

The July 3rd draft of the Shoreline Management Plan has been revised to allow owners of existing beaches to maintain their beaches by adding additional sand above the 795' contour at Smith Mountain and the 613' contour at Leesville. However, these beach owners will have the responsibility to make sure the sand that is added to their beaches doesn’t erode away and decrease the water depth in the adjacent shoreline area. If this occurs, the beach owner may be required to dredge the accumulated sand. Existing beaches may not be expanded and new beaches will not be allowed unless in public use areas or with a variance in the High Density Commercial and High Density Multi-Use classifications.

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Why must vegetation be considered before rirrap to control erosion?

The July 3rd draft of the Shoreline Management Plan has been reworded to more accurately reflect the use of vegetation to control erosion control. If the existing vegetation is sufficient to control erosion then additional erosion control measures are not needed. However, if existing vegetation is not sufficient and active erosion is occurring, then riprap will be allowed. An example of an area where existing vegetation may be sufficient is in a wetland area. Planting vegetation to control erosion is an option under the Shoreline Management Plan and is encouraged.

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Will I be able to riprap my shoreline and how do you define active erosion?

Under the Shoreline Management Plan, riprap will be allowed along the shoreline in areas experiencing active erosion. A definition of active erosion has been added to the plan. Active erosion is defined as areas that are 1) bare and void of vegetation or other stabilizing material, 2) areas that are experiencing undercuts and/or sloughing off of the parent material, or 3) areas directly adjacent to the shoreline that have the potential to deposit sediment or soil material into the Lake.

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Why doesn’t the plan address vegetation, weeds, water levels, boat size and boat noise?

The Shoreline Management Plan addresses activities included in Article 41 of AEP’s FERC license. The plan addresses the “use and occupancies of project lands and waters” is which AEP may grant permission. Vegetation, weeds, water levels, boat size and boat noise are all things that fall outside AEP’s responsibilities under Article 41. A copy of Article 41 is located in Appendix B of the Shoreline Management Plan.

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Can I remove a tree that falls into the water and will I need a permit to remove it?

You will be able to remove a tree that falls into the water and you will not need a permit. However, leaving woody debris that is still attached to the shoreline and that doesn’t create a navigational or safety hazard is encouraged because it does create beneficial fish habitat.

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My lot does not have 100 feet of shoreline, will I be able to construct a boat dock?

The draft plan specifically stated that “if a lot is subdivided prior to (date of implementation), then it does not have to meet the frontage requirement but the structure does have to meet setback requirements.” To help better clarify this for people, the words “100 feet” were added before “frontage requirement” in the plan. This text can be found in Section 2.5.4 Low-Density Use Regulations, Single Family Residential, Item #11.

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Why should I have to document my existing dock?

You are not required to document your existing dock. However, if you want to be considered as part of the non-conforming structures provisions of the Shoreline Management Plan, documentation of existing structures that do not conform to the SMP will need to be submitted to AEP by August 31, 2005. This will enable you to rebuild a non-conforming structure in the event it is destroyed by accident, natural event or the intentional or wrongful act of another party. Documentation may include photographs along with any associated drawings. AEP will issue an acknowledgment of adequacy of documentation. If documentation of the structure that was destroyed is not available, then any new structure will need to meet the requirements of the Shoreline Management Plan.

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We have not had enough time to comment on the plan. What is the rush?

AEP began developing the plan in May of 2001. Six public meetings were conducted at key points in the development of the plan. Comments were solicited at each of these public meetings. The draft plan became available on July 3, 2003 and additional comments were taken over a six week period.

There will be another opportunity to comment on the plan that is submitted to the FERC. FERC will issue a public notice for the plan and solicit additional public comments.

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How do you count personal watercraft (pwc) slips?

Lift areas used for storing personal watercraft (e.g. jet skis, wave runners, etc.) are not counted in the total number of slips for the dock as long as the lift area dimensions are not such that it could be used or modified to dock a boat. These lift areas will be included in the overall square footage of the structure.

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I have an AEP permit now. Does my dock have to be finished before the date the shoreline management plan is finished?

AEP issued permits for docks throughout the time the SMP was being developed. Condition #2 of AEP’s “Permit for Non-Commercial Boat Dock / Pier / Landing” states that the structure must be completed within one (1) year of the permit issuance date. Therefore, if you currently have an AEP permit for a dock, it is valid for a one year period from the date of issuance. If the structure is not completed within this time frame, then you will need to apply for another dock permit that meets the requirements of the Shoreline Management Plan.

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Last revised: 08/29/03

 

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