Thursday, August 21, 2008
Markers on lake may bring penalties
Channel markers on Smith Mountain Lake don't comply with the federal standards.
MONETA -- A Smith Mountain Lake agency could face civil penalties for failing to comply with a mandate from the United States Coast Guard.
Two years ago, the Coast Guard -- which has control over lake navigation but is a very infrequent presence there -- notified the lake organization that installs and maintains the channel and shoal markers that the markers were unapproved and had to be replaced. The Coast Guard requires a different coloring, as well as different numbers and letters on the signs.
That caused a splash in the lake community, which has been debating what to do since. The latest twist: The Tri-County Lake Administrative Commission, or TLAC, received a letter from the Coast Guard last month, which stated that TLAC is required to file applications for the more than 300 channel markers and shoal markers it oversees within four months from the date of the letter, which would set a Nov. 9 deadline.
Members of TLAC's navigation committee met Wednesday and agreed that they have no plans to file the applications any time soon, because they believe the future of the lake's system of markers is as choppy as wind-blown lake water.
Under Appalachian Power Co.'s proposed relicensing request -- which is awaiting approval from the Federal Energy Regulatory Commission -- the utility has announced its own plans to take responsibility for the replacement of the lake's navigational aids.
Volunteers and staff at TLAC, which is funded by Bedford, Franklin and Pittsylvania counties, have worked for more than a year to develop a timeline to perform a $150,000 overhaul of the markers. One navigation committee member said Appalachian's proposal to intervene "blindsided" the commission.
Because of the ensuing limbo, Stan Smith, chairman of TLAC's Navigation Committee, said it does not make sense for TLAC to file applications for markers in a system Appalachian may ultimately take over.
"With the current indecisiveness between TLAC and AEP [Appalachian] about who is going to do the conversion there is no sense in talking about it until it is settled," he said.
Smith said TLAC is proposing to provide the Coast Guard with a database of the lake's current system of navigation instead of filing the requested applications for each marker on the lake.
Coast Guard Commander Brian Dunn said there may be penalties if the applications are not filed.
"None of the aids they have on the lake have been approved by the Coast Guard," Dunn said.
Federal law establishes the maximum penalty to be $100 per marker and also states "each day during which such violation continues shall be considered as a new offense."
The navigation committee's proposed response will require the approval of its executive board before it is forwarded to the Coast Guard. TLAC's next board meeting is scheduled for September 2.





