1.      DEIS P-266 -- "In addition, when considering the habitat needs of all species and lifestages of interest, the proposed flow regime included in HL_8 provides quantities of habitat close to the maximum values estimated by the instream flow study (see to figure 14 [9])."

DEIS P-294 -- "These lower flows [TCRC Protocol] could significantly affect the aquatic resources in the river."

 

The staff analysis did not adequately consider evidence submitted by TCRC and other parties.  Reliance upon the composite curve [DEIS Figure 9 p-101] is inadequate to determine the impact of water releases upon Weighted Usable Area [Habitat] and the impact of upon the specific species of interest throughout the year.  TCRC's more complete analysis (elibrary no. 20080820-5100) proved that habitat for species of interest was actually enhanced during infrequent low flow periods.  The Smith Mountain Project Instream Flow Needs Study, August 8, 2007 clearly shows that habitat is enhanced at or below the 10th percentile flow for:

A. Walleye--fry, juvenile and adult stages see maximum habitat at flows below the 10th percentile flow

B. Channel Catfish-- spawn habitat maximizes at the 10th percentile flow

C. American Shad--larvae and juvenile stages maximize habitat at or below the 10th percentile flow

D. Smallmouth Bass--all life stages maximize habitat at or below the 10% flow

E. Northern Hogsucker--spawn and YoY maximize habitat at or below the 10% flow

F. Chub--spawn and adult stages maximize habitat at or below the 10% flow

G. Sunfish--all life stages maximize habitat at or below the 10% flow

H. Red Horse--juveniles and YoY maximize habitat at or below the 10% flow

I. Quillback--YoY and adult stages maximize habitat at of below the 10% flow

Whereas, the only species and life stages that are inhibited at the 10% flow are:

A. Striped bass --all life stage loose about 50% of theoretical maximum habitat, but it needs to be noted that modeled habitat for striped bass (250,000) is twice or more than for other species

B. Walleye--spawn looses 56% of theoretical maximum habitat, but it is not clear if walleye spawn in the Leesville to Brookneal reach. It is expected that walleye spawn between Clarkton and Kerr.

C. Channel Catfish--juvenile stage looses about 38% of theoretical maximum available habitat; adult stages show 32% reduction from peak

D. American Shad--spawn stage looses 48% of theoretical maximum available habitat

E. Northern Hogsucker--adult stage habitat is 12% less than theoretical maximum available

F. Red Horse--adults see a 17% reduction from theoretical maximum habitat, except for Shorthead Redhorse adult which looses 41% from peak.

There is no evidence that any species is limited by available WUA.

 

2.      DEIS P-266 -- "Smith Mountain Lake elevations, under either protocol, would remain at or above 793.0 feet NGVD adjusted 87 percent of the time. Lake levels would remain at, or above, 791.0 feet NGVD adjusted about 97 percent of the time, and lake levels would not fall below 790.0 feet NGVD adjusted (see figure 12)."

 

The staff analysis apparently did not recognize the distinction between 'adjusted elevation' and 'actual elevation'.  The actual level of Smith Mountain Lake could actually be as much as two feet lower during periods of generation.  Actual levels on Smith Mountain Lake could reach 791' actual (vs. 793' adjusted) and could fall as low as 788' actual (vs. 790' adjusted).

 

3.      DEIS P-293 -- "While we [FERC Staff] do not necessarily disagree with the benefits of a natural flow regime, we find no basis for expecting that a natural flow regime would enhance populations of rare/declining native species, including Roanoke Logperch."

 

Staff analysis is inconsistent with other areas of the DEIS.  Specifically, DEIS P-273 states: "According to the Virginia DGIF, constructing the Smith Mountain Project displaced over 85 miles of what it believes was former habitat in the center of the Roanoke logperch range, including portions of the Roanoke, Pigg, and Blackwater rivers, as well as Gills Creek. Currently, the species exists only in isolated populations, in tributary streams not influenced by the operation of the project."  Consequently restoring a more natural flow regime to the Staunton would likely benefit the isolated populations that now only exist in the unregulated streams feeding the Staunton River, outside the areas of project influence.

 

4.      DEIS P-294 -- "Implementing the Tri-County Committee’s and the Smith Mountain Lake’s alternative flow management protocol [safety level of 792'] would come at a steep price, costing Appalachian Power an average of $1.4 million annually in lost generation."

 

The staff analysis did not adequately consider evidence submitted by other parties (elibrary no. 20090319-5065) and instead relied solely upon an analysis provided by APCo.  APCo's analysis relies upon a highly questionable simulation of "182 hypothetical years" derived by maligning thirteen years of power rates (1996-2008) with each of 14 years of project water levels (1995-2008).  Such an analysis only serves to obfuscate the project's actual operation and annual net revenue impacts.  A simulation isn't necessary since there are 14 years of empirical data aligning power rates with adjusted project levels for the period 1996 through 2008.  Real data is always preferable over simulation.  The alternative analysis (elibrary no. 20090319-5065) clearly shows expected project revenue impacts are less than 1% of annual net revenue, versus APCO's simulated projection of 6.4%.

     APCO's analysis effectively places a net revenue value on public safety.  Their analysis valued the reduction in public safety due to low water levels at $1.4M annually.  But in reality, the true number is less than 1% of net revenue or less than $220,000 annually.   So for the potential to earn an additional $220,000 in net revenue, APCO is willing to jeopardize the safety of 6 million visitor days per year and the 24/7, 365 day operations of the SML Volunteer Fire and Rescue Squad.  APCO values property loss from fire, visitor injury and/or death caused by unsafe water levels at less than $220,000!

     The alternative analysis (elibrary no. 20090319-5065) did not attempt to value the economic cost and loss of public access resulting from of low water levels.  However, this is something staff should calculate.  These losses are significantly higher than $220,000 in a low water year.   The project enjoys a brisk tourist season between Memorial Day and Labor Day -- 3 plus months.  Low water conditions, when they occur usually begin in August.  In 2008, SML actual levels were held below 792' from August 6, 2008 through January 6, 2009; and APCO held, on average, one foot of power pool in the lower reservoir during this same period.

 

5.      DEIS P-295 -- "Based on our [FERC Staff] analysis, Appalachian Power’s modeling provides some support for a 12.5 MGD net withdrawal, while the Tri-County Committee provides little support for its recommended cap of 24.9 MGD."

The staff analysis is incorrect.  The TCRC provided 24.9 MGD was derived from the input of all surrounding planning districts, Counties and regional water authorities.  It was APCo that arbitrarily cut the fully supported water demand in half, with no justification what so ever.

 

Summary of TCRC Recommendations on Water Management

The DEIS analysis and conclusions related to Water Management are in error and failed to adequately consider evidence and analysis submitted by other parties.  To protect public safety and enhance recreational access, TCRC recommends that the minimum water level on Smith Mountain Lake be raised from 787' to 792' actual be established by requiring APCO to cease power generation from Smith Mountain when project levels fall below 792' adjusted.

TCRC recommends that the project release protocol from Leesville be evaluated during the first five years of the new license, to better determine the impact of releases on the native fishery, including the ferderally endangered Roanoke Logperch.