How to Modify APCo's Permit
How to Modify Appalachian's Permit to Preserve Your Property Rights
APCo's ability to regulate your property is subject to their and your property rights. But APCo's permit seeks to have you agree that the permit is limited only to APCo's land rights within the Project, thus excluding your property rights. Also under the Terms and Conditions of their permit it seeks to have you agree to all of the terms and conditions of APCO's License for the Smith Mountain Combination Project FERC No. 2210, and any amendments or renewals thereof, and any orders granted by Federal Energy Regulatory Commission pursuant to the provisions of the License. APCo's terms and conditions, if you agree to them, exclude your property rights and impose APCo's Federal license regulations upon you! To read APCo's single family dock permit click here.
Understand that APCo's Federal license and its Shoreline Management regulations apply only to APCo. APCo's Federal license to operate the Smith Mountain Project CANNOT regulate you, and neither the FERC, nor APCo can use its license or the Shoreline Management Plan to alter your property rights, unless, of course, you agree and sign APCo's permits! APCo's permit language seeks to impose its Federal license responsibilities upon you as an individual.
APCo can request you sign a permit, but if APCo's application and permit conflicts with your property rights, you have the right to modify the permit to be consistent with your property rights, as delineated in your Property Deed and appurtenant (associated) FLOWAGE RIGHT AND EASEMENT DEED. To understand the details of the Typical FLOWAGE RIGHT AND EASEMENT DEED click here.
In all cases, APCo's application and permit will encumber your property rights ... if you sign the APCo permit, you will lose/limit your property rights! APCo will also want to record the signed permit with the County Clerk and ask you to pay the recordation fee. APCo's Federal license does not include permit language or require APCo to record any permit. Once the APCo permit is recorded, your property rights are encumbered.
So you should consider modifying APCo's application and permit language to preserve your property rights and to be consistent with your Property Deed and appurtenant FLOWAGE RIGHT AND EASEMENT DEED. Also when modifying APCo's permits, all references to their Federal license and Shoreline Management Plan should be eliminated, because neither apply to you, unless, of course , you sign APCo's permit. Be cautious, understand your Virginia property rights and seek competent legal advice before signing any APCo permit.
If APCo should refuse to accept/sign your modified agreement, which you modified to be consistent with/and to preserve your property rights, APCo's refusal to sign is a "red flag" that their application and permit changes/limits property rights! You can only change/limit/lose your rights if you agree to and sign APCo's application and permit terms without modification. If you sign APCo's permit, as is, you may have nullified your access rights to the waters for recreational purposes!
A refusal of APCo to sign your modified agreement is a matter between you and APCo - FERC has no say. If APCo contests your modified agreement, any dispute can only be decided by a State Court of proper jurisdiction. Federal Courts have no jurisdiction over your ownership and property rights.
Attached you will find an edited version of APCo's current application and Low Density Occupation and Use Permit. It changes APCo's permit to a NOTIFICATION. One file is a final "clean" version and the other is a "red-line" version which shows the magnitude of deletions and insertions necessary to protect and preserve your property rights (both files are identical in content). These language modifications should apply to the vast majority of lake front properties. The NOTIFICATION removes all references to APCo's Federal license, because FERC has no authority to impose APCo's license requirements upon the State, Local government or you. Property rights differ, and you need to understand your rights as stated in your Property Deed and the appurtenant FLOWAGE RIGHT AND EASEMENT DEED.
CURB DOES NOT PROVIDE LEGAL ADVICE