August 13, 2008

Subject: Water Release Permit - Smith Mountain Lake Project

COMMENTS ON THE PERMIT ARE DUE BY AUGUST 22, 2008.

Dear Smith Mountain Lake Chamber of Commerce Member,

I am contacting you regarding the Smith Mountain Lake project.
Please take a few minutes to review the information posted below and take action by voicing your concerns. A list of representatives, their e-mail addresses and mail addresses are posted at the end of this report. Thank you for your help and cooperation in reinforcing the need to improve the water release protocol before a decision is made.

Background:
As part of the Smith Mountain Lake relicensing process, the State of Virginia, through the Department of Environmental Quality (DEQ) must give Appalachian Power Company (AEP) a permit and state the conditions for releasing water from the project at Leesville Dam. Under the license which is in place now, the permit requires Appalachian Power to release a straight 650 cubic feet of water per second from the project. The new permit which DEQ is proposing has some built-in triggers which vary the release amount to some degree based on historical stream flows. However the permit does not address limiting water releases during drought conditions nor does it address important environmental issues. The Virginia Roanoke River Basin Advisory Commission (VRRBAC), put the issue on their agenda for a meeting at the Charlotte Courthouse on July 29th. A public hearing was advised to gather more information on the issue. A public hearing was scheduled and held in Gretna, VA on August 7th. More than 2,000 citizens attended.

The Smith Mountain Lake Chamber of Commerce supports the position of the Tri-County Relicensing Committee (TCRC) in requesting more study and information before a water release permit is put into effect. The outcome of this decision could have a detrimental effect the Smith Mountain Lake project and Staunton River for years to come.

The Board of Directors of the Smith Mountain Lake Chamber of Commerce (SMLCC) has voiced concern and submitted comments about the upcoming water release permit for the Smith Mountain Lake Project. (Comments listed below).

The proposed permit lacks balance. If approved, the current proposal has the potential to adversely affect the drinking water supply, area safety, economy and many related concerns for decades to come. Before this proposal is introduced to the Water Control Board, we strongly urge DEQ to have it examined by unbiased third party specialists who are knowledgeable in this area of conservation.

The SMLCC supports a balanced flow protocol for the upper and lower river.

Drinking water supply is a critical component the new permit must address. We understand it has not been analyzed for both the project and the lower river because the HL8 studies focused only on the lake itself. Both the downstream usage and the officially projected amounts that will be drawn out of the two lakes for surrounding government use were not given sufficient weighting in the studies that produced the current proposed permit.

Public Safety on Smith Mountain Lake is compromised when lake levels fall below the 791-792 ft. level. Citizen safety is the greatest responsibility of government. Lake fire and rescue operations are impeded by inaccessibility due to low lake levels thereby putting people and property at risk. The current permit doesn't take this risk into consideration.

Fishery issues are a concern we share with DGIF and DEQ. SMLCC favors allowing fish to live in a natural habitat. During extreme drought conditions the project should defer to natural flow in the streams with some supplemental releases from the Project when there is ample water. However, in exceptionally low water inflow conditions, the law of nature should apply.

Recreation and economic issues are relevant points of controversy and concern to both the Smith Mountain Lake Project and the Staunton River. While great effort was taken to look at recreational navigability of the lower river at various flow levels, the current proposal has little review of the impact of low water on recreation and public access. The 791-792 foot water level is needed for general boat ramp access of anything larger and heavier than a small PWC or very light boat. Smith Mountain and Leesville Lakes have approximately 5 million people days of recreational use per year. On Smith Mountain Lake, public access ramps become unsuitable for the intended boat access long before major triggers are activated by falling lake levels. The negative impact on tourism, business, real estate and property values in the surrounding communities could be devastating to the area's economy.

In a letter to Joe Hassell, DEQ Water Division, The Honorable Preston Bryant, Jr., Secretary of Natural Resources and Governor Timothy Kaine, SMLCC have encouraged representatives of DEQ, DCR and DGIF to visit and view lake access points. Their visit will provide a first hand opportunity to understand the concerns listed above. It is imperative that a balanced water release permit be cautiously written and reviewed by qualified specialists. The permit process must not be forced in haste to quell a temporary dispute. It must be a purposeful, balanced guideline for critical conditions in the decades ahead.

These concerns need to be resolved. Nature served as a guideline which determined water levels long before the Smith Mountain Lake Project came into existence. In a natural setting, inflow would determine the outflow.

Comments: (Note) Your comments will have greater impact if you voice your opinion in your own words. Please feel free to use the information listed above as reference.

Contact List:
Note: click on 'write your representative' where web addresses are listed.

Joe Hassell - jphassell@deq.state.va.us or write to: DEQ, Water Division, P.O. Box 1105, Richmond, VA 23218

Governor Timothy M. Kaine - Patrick Henry Building, 3rd Floor, 1111 East Broad Street, Richmond, VA 23219

Secretary Preston Bryant, Jr. - Secretary of Natural Resources, P.O. Box 1475, Richmond, VA 23218 http://www.naturalresources, Virginia.gov/officeinfo/contactform.cfm

Allen Creamer FERC- 888 First Street, NE. Washington, DC 2210 allan.creamer@ferc.gov

Joseph Maroon - Director VA Dept. of Conservation and Recreation 203 Governor Street, Richmond, VA 23219-2094 www.dcr.virginia.gov

Congressman Virgil Goode - 5th District 70 East Court Street, Suite 215, Rocky Mount, VA 24151 www.house.gov/goode