October 2009
Deep Creek Lake Policy and Review Board
In Attendance: John Forman, Ernie Gregg, Steve Green, Jay Kaminek, Lou Battistella, Scott Johnson, Bob Browning, Jamie Coyle, Barry Weinberg, Senator George Edwards
Attendance by the public- 13 people Chairman John Forman called the meeting to order. It was noted a quorum was present. The minutes from the July 13, 2009 meeting were reviewed and one correction on the bottom of page 2 was noted. It was questioned whether Stump Point should be capitalized. Carolyn said she will capitalize Stump Point. The motion was made and a second to accept the minutes with the noted change. They will be posted on the DNR DCLSP website. www.dnr.state.md.us/publiclands/western/deepcreeklake.html
Old Business: Water Quality Concerns – A number of samples were taken at various times from coves in the south end where there has been concern expressed about algae growth. Samples taken by the Friend’s of Deep Creek Lake citizen’s group and by the DNR water quality sampling group were sent to the lab for analysis. Results from several of those samples showed multiple species of algae in the water column but the number of cells counted was not enough to cause a health warning for human or pet use of the lake water. The October sampling date is later this week and one more day is scheduled in November. A final sample grab will be taken through the ice in January or February to complete the contracted testing by DNR Resource Assessment Service for this year. Testing for Calcium levels was added to the 5 evaluation parameters originally requested. This will help appraise the viability of zebra mussels in the waters of Deep Creek Lake. If someone wants to collect water samples, they can get instructions from the DNR Water Resources staff on proper testing techniques, required labeling, correct sample handling and the chain of custody protocols. The work group meets next week to summarize results of the summer samplings. A presentation of the available data was given at the August POA meeting. John Wilson will combine the year’s reports. This will be a snap shot view, but it will be more data than was available last year. The group will decide the most effective use of the NRMA funds available for the 2010 water quality studies, and what action to take with the capabilities we have at Deep Creek. Carolyn anticipates being limited to $100,000 or less.
Lake property owner and Friend’s of Deep Creek Lake member, Barbara Beelar asked to make comments about lake quality. She made 2 points.
The DNR work group is intending to develop a part of the plan to be merged with plans from other agencies. Example: storm water- ask county to develop methods to retrofit existing systems, and plan for more efficient systems in the future to avoid the direct run-off into DCL. The work group is chaired by John Wilson, Western Region Land Acquisition and Planning and includes a number of other DNR staff from fisheries, resource assessment and hydrologists, several MDE representatives, USGS representatives, and members of Garrett County government , environmental health, and the planning office. A discussion about the meaning of water quality ensued. Does it mean the quality for swimming, fishing, boating? The different categories of quality need to be broken down by mapping the results of studies. Example: SAV, recreational, etc. A Watershed Management Plan is all inclusive. Members of the work group have been doing their own work and retaining the data. Environmental Health has been testing for over twenty years, and their information is now digitalized. MDE and USGS will release reports in 2010. Maryland Biological Stream Survey and Stream Wader data will be added to the collection. The Center for Watershed Protection has forwarded a report to John Wilson. This accumulation of research from various agencies must be understood and the next studies planned. Friend’s of Deep Creek Lake would like to have a GIS overlay available for the upcoming workgroup meeting. We have a large amount of good data and a clearing house to organize the information; however, we also have a funding deficiency, and from the recent budget cuts, DNR lost the person who was going to do the majority of the IT work for this project. Ed King spoke from the audience and is curious to have a study of the silt to determine if it is contaminated, and if it can be removed and used. Carolyn noted there are 5 sediment borings stored. They are available to be tested, but we do not yet have funding for the analysis. Fred Warther from Hickory Ridge reported he measured water depth in 1965. At fifty feet out he measured 9 feet. Six or seven years ago he measured again and had only 7 feet of depth. He has always felt the water quality was good, but feels they are being silted in. They have 2300 feet of lake front and have developed only a small part of it. They would be glad to have lake bottom silt dumped on the land. He also suggested fields on Dr. Savage’s property. He noted the lake will soon be 100 years old, and there have been a number of radical changes to the land surrounding the lake. Ed expressed his dislike of the clam shell dredging technique. He feels the negative pressure pumps are a much better method. He suggested a budget be set up to cover a certain amount of acres of the lake each year. Then over a period of years a number of acres could be done each year. More efficient storm water management would be helpful as well. 2007 legislation required a revision of storm water code. It is now undergoing a revision at the county level. A draft should be available November 11, 2009. It was noted a plan must be in place to prevent an accelerated rate of refill from the tributaries once the lake is dredged. Individuals realize the silt samples are being held, but those who are not scientists want to know what sampling needs done. Carolyn said that an extensive list of tests was made several years ago, but it was necessary to prioritize and choose those tests which would be the most informative for the water quality plan that is being developed. Gary Love referred to sampling and reporting. He reminded everyone there is a local Maryland Environmental Service office. He stated that they have the capabilities to do the sampling, send samples to the labs, and provide reports. Carolyn said for some reason there has been little exchange between the local agencies, but it would be worth chatting with them to see what they can do. The MDE offices involved in the algae testing are in Baltimore. Carolyn reported she spoke with county roads officials, and asked them not to spray herbicides on the banks of the storm water containment basins because those chemicals eventually end up in the lake.
New Business: While there is adequate width for boaters under the bridges, placing buoys would force boats to stay farther away from structures and prevent cutting corners. A 6 knot speed limit should be helpful as well, but slowing vessels creates more wake, and possibly more congestion. Bridge piers are difficult to see at night. Highlighting the piers would make them visible to boaters. Lieutenant Stafford has spoken with the SHA safety engineer, and they are opposed to placing lights on the bridges. The PRB will request a reconsideration of bridge pier lighting. Motion: The Deep Creek Lake Policy and Review Board supports lighting piers at both the 219 bridge and the Glendale Bridge. Motion Second. Motion carried. George Edwards will speak with the SHA regarding the 219 Bridge, and Ernie Gregg will speak with the Garrett County Roads Department regarding the Glendale bridge. Discussion of speed at the bridges continued. The amount of boat traffic has been reasonably static since the 2002-2003 seasons. Speed in various places on the lake continues to be an issue. A regulation proposing a speed limit was taken to Annapolis a few months ago, and the proposal did not pass. Boats cause larger wakes when going up to plane, and when coming down from plane. Measurements show there is room for a boat towing someone behind it or one PWC to maintain speed while passing under the bridges if they travel in the middle between the center spans. Chris Anderson suggested the DNR place buoys at the bridges to direct the traffic into an appropriate safety pattern. Motion: Barry Wineberg moved the PRB support the DNR’s proposal to place safety buoys at both the 219 and Glendale bridges to direct the traffic pattern. Motion second. Motion carried. Mr. Warther asked Commissioner Ernie Gregg and Senator George Edwards why Garrett County supports the Chesapeake Bay Flush Tax, where does it go, and can it be repealed? Senator Edwards stated it is spread through the state and is intended to upgrade the 66 largest nitrogen producing sewage treatment plants in Maryland. The first one to be updated is the one on George’s Creek. Our plants can apply after the first 66 are completed. It is unlikely the tax will be repealed. Emergency Response to lake incidents was a topic of conversation with a property group when they recently asked that the lake be renumbered. This would present a huge costly and time consuming problem for Lake Management. Carolyn spoke with Brad Frantz at the Emergency Services - Garrett Central Alarm Center. The concern is to make the location of an emergency on the lake easier for boaters to determine so that appropriate emergency response can be quicker. If a dock number is given for location identification, there is no way to reference that number at the call center. In Lake Management’s experience, dock numbers are not a reliable source of information since some owners are not diligent about maintaining the correct dock identifier. A more reliable location identifier is the GPS capability at Garrett Central. If the call is received from a cell phone, they can triangulate the location. Some board members feel 911 addresses on docks would be helpful. Owners are welcome to place this information on their docks. This would be a huge transition, but the number would remain with the dock and not change with the individual owner as they do with the present system. The Lake Management database is very limited in its capabilities at the time, but Carolyn said the office will provide any information that would be helpful to plug into the software that Garrett Central uses. Cherry Creek Lime Doser Funding was brought to Carolyn’s attention by a newspaper article Lou Battistella found and circulated to members. She contacted Bureau of Mines official, Joe Mills and found that the funding to be in place for many years to come.
Correspondence:
Public Comments: * It was suggested the State of Maryland obtain a blanket SEC permit for Deep Creek Lake and the individuals construct their own walls. Carolyn responded that an inquiry was made about the possibility of a blanket MDE permit several years ago and the agencies involved rejected the proposal. Carolyn emphasized the fact that the Department of the Environment exists to protect the environment. All were asked to keep in mind there is no MDE fee for vegetative soil erosion control which is the desired method of engineering an eroding shoreline. There is no money available in DNR for waterway improvements it has been taken to other projects. George Edwards noted it is gone, but we must plan ahead, get a request in, and when money becomes available, we will be ready to act. The question was raised- What can those monies be used to cover? Waterway studies? No. Monies in Waterway Improvement may be used for stabilization and public access to water among other things. * The lake water level is an issue with many home owners. One individual noted he had kept a boat in the water until October, but since 2005 he has had to remove it by September. Brookfield Power took over the dam in 2005 and is maintaining the water level at the lower limit of the Rule Band. Data shows the prior owner maintained a level nearer the high limit of the Operating Rule Band. The lower water levels greatly affect boating and dock accessibility on DCL. Permits also exist requesting water be released at certain times for kayaking, and water withdrawal for businesses and a golf course. The drop is supposed to be gradual over a period of time, but a sudden drop is now the norm. There is no on-going discussion with the individuals who have permits to withdraw water from the lake and the permit is due to renew in 2013. Any permitted withdrawals would have been taken into consideration, and would probably be insignificant. The same Rule Band has been in use since the 80’s. Brookfield Power has no obligation to stay at any certain level, as long as they keep the level within the Operating Rule Band. A meeting with Brookfield was discussed. Carolyn will contact the company and MDE and ask to place them on the agenda for the January 2010 PRB meeting. * Property owner Ed Neff asked to talk about four Special Permit Applications he filed with four different outcomes. He complained that DNR makes inconsistent and contradictory statements that are having a negative impact and making the area less desirable for home owners and tourists, undermine DNR authority and property owners’ confidence and the economic well being of the area. Ed asked for 1) establish a fair, reasonable, consistent procedure that encourages and develops public confidence and the economic well being of the community, and 2) the approval of the SEC wall repair application. Carolyn responded that this is an example of a common problem we run into on a daily basis. We have over 25 years of records in our office but many of those files are incomplete. During our inspections, if Rangers see something has been constructed on State land that does not have a permit on record; we make every effort to resolve the issue with the present property owner. The property owner can produce a permit that we don’t have in the file or must apply for a permit to cover the existing improvements or remove those improvements which do not meet the regulations. In the case of shoreline walls, in the early decades of Deep Creek Lake many homeowners went to the lake bed, picked rocks, and stacked them in a form of casual rip rap and summertime family fun. Under current regulations and for the protection of the environment, an application with construction details and other information must be submitted to MDE for any shoreline erosion control that involves adding material or using machinery. Alterations to the shoreline in any manner require applications with review and approvals from two different agencies – this is in the best interest of the lake. * Barbara Beelar of the Friend’s of Deep Creek Lake asked the PRB to consider a resolution or place on the January agenda the petitioner’s request, and a request for studies of the impacted southern coves. Her group would be available to do the research. No response to this request was made by the board members. Western Regional Park Manager Chris Anderson thanked the group for being a part of his interesting career. He told the members he has enjoyed the meetings, but he is looking forward to retirement, and there will be a new person sitting in his place on January 25, 2010.
Next Meeting:
Motion to adjourn. Second. Motion Carried. Respectfully submitted: Carolyn Mathews, Manager DCL NRMA July 2009
Regular Quarterly Meeting In Attendance: John Forman (JF), Barry Weinberg (BW), Scott Johnson (SJ), Bob Browning (BB), Jamie Coyle (JC), Delegate Wendell Beitzel (WB), Lou Battistella (LB), and Jay Kaminek (JK) representing George Edwards. DNR Representatives: MD Park Service, Carolyn Mathews - Deep Creek Lake Manager; Chris Anderson, Western Regional State Park Manager Absent: Steve Green, Commissioner Ernie Gregg, Senator George Edwards 15 members of the public in attendance Chairman John Forman called the meeting to order at 6:05 pm. It was noted a quorum was present. The minutes from the April 27, 2009 meeting were approved, and will be posted on the DNR DCLSP website. www.dnr.state.md.us/publiclands/western/deepcreeklake.html The County roads department has been doing some roadside spraying in recent weeks. It is noted by a Board member that spray had been applied sometime recently along the banks of the storm water ponds in McHenry. This activity is not condoned by DNR as we don’t want to knock the plant growth back – it plays a role in the filtration process, the purpose of the ponds. Carolyn will talk to the County roads office and ask them to stop spraying herbicide anywhere near the lake shore or storm water pond banks.
Old Business: Mathews led a discussion and answered questions about the 2009 budget (expenditures and revenue) report that was provided earlier to the Board members. The State is in quite a budget situation as is the national economy. There will be staff reductions across the State this year, no specific news at this time. There are not expected to be any staff reductions at Deep Creek Lake and although budget numbers are not available yet, the amount is expected to be the same as what we have worked with for the last two years. The water quality testing going on this summer will continue and is fully funded. We continue to have the stream gauges operational at Cherry Creek and Poland Run – both of these are monitored and maintained by USGS and the results are always available online at http://waterdata.usgs.gov/md/nwis/dv?cb_00060=on&format=gif_default&begin_date=2008-10-19&end_date=2009-10-19&site_no=03075800&referred_module=sw . The water quality work group will digest the data collected from the various sources and put together recommendations for management decisions towards improving the water quality issues of the lake.
New Business: Mr. Ken Fisher representing the Lakewood Resorts Council of Owners then echoed the concerns expressed by the Glendale Shores owners. The Lakewood Resort permit site is located on the northeast side of the Rt. 219 Bridge where boating traffic cuts the corner after passing under the bridge to head north into the McHenry Cove. Their HOA spent a considerable amount of money last year on installation of shoreline erosion control – rip rap, and are seeking a way to get relief from the churning wave action caused by heavy boating activity that occurs at that area. Mr. Fisher feels that there should be speed limits on the lake and that the number of boats out on the lake should be reduced. He recommends the Board call a special meeting to discuss the matter with facts and figures. There was a motion to continue the meeting beyond the 8:00 hour – 2nd and unanimously approved. DCL Manager, Carolyn Mathews then shared with the Board members comments she made and discussion topics at a recent gathering of the group Friends of Deep Creek Lake. Topics discussed were about the past and present water quality studies, the funding sources for these studies, some ideas about what is ahead and the efforts of DNR to communicate water quality issues and concerns to the populations that use public waters for recreation. Ms.Barbara Beelar, lake property owner and one of the leaders of the group explained the groups concerns about the loss of recreational use of waters due to declining water quality caused by what is perceived as excessive growths of submerged aquatic vegetation (SAV), discolored water, unidentified growths on sticks and docks and surface algae that appeared in the late summer of last season. They are concerned about swimming risks due to the plants and algae. They feel the SAV present a danger to water skiers and many cannot boat where they want to due to shallow water conditions. In response to the question Mathews put to the group of “what do they expect to see at this lake?” the response was the same full recreational use of the lake as others have. They pointed out that the southern end of the lake is more prone to SAV growth than other areas of the lake due to its more shallow nature. They were told that SAV’s are good for water quality and important for the existence of a healthy lake and provide habitat for aquatic forms of life – all vital for a healthy lake. The group feels that they cannot make maximum recreational use of the lake because of the shallow coves and the SAV growth in them, particularly late in the season. Several members of the Friends of Deep Creek Lake then made comments to the Board about additional water quality matters of concern. They don’t feel there is need for any more research. Sampling has been done, data will be available and action must be taken immediately. Ms. Beelar stated that property owners who pay full taxes want a tax break because the recreational access is not what is promised and is declining rapidly. They may be willing to pay higher permit fees if the money were to be directed towards reversing the water quality decline. As a general summary expressed by the audience members, there is a problem with the lake and an increasing number of people are concerned as taxpayers about this complex problem. Jamie Coyle commented that harvesting SAV’s is not a cheap activity. He is familiar with harvesting activity in other lakes where he often goes fishing. He has observed that SAV’s do cycle over time – some come sooner and stay longer through the season and there are sediment issues associated with SAV growth. There could be jobs here for “green” industries as a part of the solution. The Friends of Deep Creek believe that one of the sources for the overload of nutrients in the lake comes in via the tributaries. They feel there is no enforcement of the nutrient management plans that agricultural lands must have to operate as farms. Wendell Beitzel responded that farmers and farming activities follow many requirements. The board was asked if they see that there are issues and problems with the water quality of the lake. John Forman (JF) responded that it is good to have watch dogs on management of public areas. It is certainly a concern and the Board supports the studies that have been ongoing for several years. The problems are complex and perplexing. There are land use issues which fall to a great extent with the County responsibility. There are sediment and erosion permits and grading permits issued by the County that could be looked at closer. Someone in the audience observed that the Board has access to others in the County government and to speak strongly to the problem and to please represent property owners about these concerns. Does the lake have a long term problem? The Friends of Deep Creek Lake do not want a short term “band aid” approach that would mask the problem. Barry Weinberg (BW) commented that the Board should go on record that the State needs to address a serious problem. Bob Browning added that half of the Board members are appointed by the Governor and the other half represent interests of the County and that a lake policy is necessary. BW said that DNR has been conducting water quality studies and the work group that DNR set up last year is gathering the information and will be making a report to the Board. DNR has been reporting to the Board the progress being made with the water quality studies. The DNR will provide recommendations for action on the findings. The best people are working on this problem. The PRB will invest time and consideration into the problem when there is a report and data to review. JF said there is not a short term solution, it will take time and money to turn the problems around and that includes changing the practices of many industries and people. One point of clarification was made by Ms. Beelar to the Board about the Streamwaders report she provided at the April meeting. She wanted to be sure that the Board understood that the Streamwaders are volunteers who are trained by DNR staff from the Resource Assessment Service to collect insects from tributaries across the State in the spring time. This assessment program has existed for many years and is directed by biologists who then work with the data. The rating and stream assessment index (poor, good, very good) is a DNR index not an index created by the volunteers who participated in the data collection. Mr. McCarthy of the Coast Guard auxiliary is seeking more volunteers for the unit he has been working to build at this lake. He stated there are 4 cornerstones for support in this type of auxiliary: 1) fellowship with other boaters 2) education in boating safety and public safety 3) a presence on the lake 4) sea partnership which is a bigger organization when more people are involved. To be a member of the CG auxiliary unit there are dues of $28.00 per year and members must pass a security background check. He asked the Board to help promote and support the auxiliary. The meeting was concluded at 8:43 pm. Supplemental: The Board wrote and published a “Statement on Water Quality” which was mailed to all permit holders on Deep Creek Lake in early October as well as published in the Republican on October 15th, 2009.
Respectfully submitted: Carolyn Mathews, Manager April 2009
Monday, April 27, 2009 at 6:00 p.m. In Attendance: John Forman (JF), Barry Weinberg (BW), Steve Green (SG), Ed King (EK) for Scott Johnson, Bob Browning (BB), Jamie Coyle (JC), Wendell Beitzel (WB), and George Edwards (GE) DNR Representatives: MPS Carolyn Mathews - Deep Creek Lake Manager; NRP - Lt. Brad Stafford; Boating services – Bob Lunsford, MDE - Jim Kahl; DNR Planning - John Wilson. Absent: Ernie Gregg and Scott Johnson. Attendance from the public – 18 citizens attended the meeting on a very warm, pleasant night. Chairman John Forman called the meeting to order at 6:04 pm. It was noted a quorum was present. The minutes from the January 12, 2009 meeting were approved, and will be posted on the DNR DCLSP website (www.dnr.state.md.us/publiclands/western/deepcreeklake.html). The PRB welcomed Jamie Coyle, the Governor’s appointee from the Maryland Bass Federation.
Old Business Shoreline erosion control applications and fees - Jim Kahl of MD Dept. of the Environment (MDE) explained the legislation that went into effect in July 2008 that implemented a fee schedule for applications and permits issued by MDE. The shoreline erosion control applications from property owners around this lake fall under these permit fees. The State of Maryland owns the lake, shoreline and land immediately around the lake but adjacent property owners may apply (to the Lake Management office and MDE) for permits to install shoreline erosion controls in order to stabilize the shoreline and prevent erosion. MDE regulates activity in streams, shorelines and any lands in the 100 year flood plain. Adjacent property owners feel that if they are paying for shoreline erosion control on State land, their applications and permits from MDE should be exempt from the fees. Mr. Kahl stated that the only application that would be eligible for exemption of the fee would be if the applicant requests shoreline stabilization using vegetative methods. He continued with the explanation that if any kind of equipment is used in construction and materials (stone/rock) are brought in for the project, an application fee of $750.00 is required and an approval fee $750.00 must be paid when the permit is issued. If the application is for work that will be a fieldstone restack with no equipment involved, the application is exempt from the MDE fees. The fee schedule is in line with other states which have been charging fees for SEC permits Bob Browning stated that fees should not be charged on lakefront shoreline alterations since the State of Maryland owns the shoreline. He asked why the adjacent property owners were paying application and permit fees. CM explained that the Lake Management office is encouraging permit holders to consider vegetated shorelines and the new fee structure of MDE supports and also encourages vegetated shorelines by not charging for review of those applications and for the approved permits. CM distributed a handout showing shoreline erosion control comparisons between hard engineered bulkheads, rip rap, and vegetated alternatives. The handout was an article titled Reston, VA – Softening the Hard Line from the spring ‘09 issue of Lakeline, a magazine publication of the North American Lake Management Society. BB inquired why there is no SEC blanket permit. CM replied that the Corps and MDE evaluated that several years ago and determined that the undisturbed shoreline was a higher percentage than the Army Corps of Engineers would issue a blanket permit to MDE to manage. Such a blanket permit would be problematic for the State. JC stated the shoreline is so varied and one type of SEC would not work for all. Mr. Kahl advised those attending to go on line and check on the exemptions. The question was raised about fees for the combination of hardscape erosion control and vegetative erosion control. JK felt fees would be waived for minimal hardscape used in combination with vegetation for erosion control. EK recalled having this same discussion some 25 years ago. He stated the erosion is at the water’s edge, and vegetation will not grow at the 2461 level and below. He stated the fees are discouraging owners from constructing rip rap. Kahl stated the fees allow for more MDE reviewers and therefore applications can move more quickly through the process. BB noted the Lake Management Office is cooperating with MDE in this effort, and asked if screws are being tightened. CM stated Buffer Strip Use Permits allow people to make use of the lakefront. We meet with permit holders to discuss their ideas for shoreline erosion control. We recommend 6 ft or more of uncut vegetation with some brush willows or shrubs for the best shoreline stabilization. If the adjacent property owner does not hear options that they prefer and hope to be approved, the property owner walks away from the project. WB asked if DNR is subject to MDE regulations. CM stated DNR is absolutely subject to MDE regulations- example storm water pipes, etc. have to be approved by MDE. The county is also subject to MDE regulations. BB questioned who approves dredging. He was advised to talk with Mr. Kahl. WB stated funds are still available from the State Waterway Improvement Fund. BL stated they provide a 50/50 deal for approved dredging projects. The question was asked if the funds were available to the individual. Kahl reported yes, they are available, if the individual can match the funds. Mathews gave “Advice from a Lake” ball caps to all board members as thanks for their continued participation and interest in the DCL Policy and Review Board. Copies of the DCL Recreation and Land Use Plan, Policy and Review Board Procedures and Operations were provided to all board members since Mr. Coyle is a new appointee to the Board.
New Business John Wilson then asked citizen activist Barbara Beelar to report on the Stream Wader activity that she spearheaded earlier in April as part of the state-wide DNR program. Barbara Beelar invited everyone to come out to help or observe the Stream Waders program in action. She stated 80% of the samples collected in past year sampling were poor/very poor coming into the lake. One site was good, but they anticipate it will deteriorate in quality. JC asked how often samples had been taken. It was noted this type of sampling is done every 3 to 4 years. EK stated he had researched IVI index, which measures the viability of invertebrates, and some results pre-dated the lake. The discussion led to the question –Would a numeric value mean more than the present rating of “poor/very poor”? The question will be asked to the Maryland Biological Stream Survey (MBSS) staff that developed the program. Barbara Beelar also distributed a three page handout of maps showing sampling sites around the lake. The maps were provided to her by attendance in the Stream Wader volunteer training (MBSS) and showed the data points. BW asked why look at old stats and what do they mean. Barbara stated that in one area there were 20 samples taken within 100 feet. Some of them showed no invertebrates, others were heavily populated with invertebrates. EK asked what is keeping the invertebrates out. John Wilson stated it is the water chemistry and habitat conditions. CM addressed the fact that there were inadequate financial resources available to include a nutrient study on the first go around. It is very expensive but we will build on what we have and add to the research topics as each year passes. This water quality project is long term. JC said a present day overlay of the topography of the lake would be helpful to understand the changes. BW feels too little information is given on the maps. BW asked for a timeline on information availability, and Wilson responded they anticipate making quarterly reports and getting the website available. CM noted that future changes in management of the lake will be towards improving lake water quality. BB stated he feels the water quality in the lake is good. JW noted USGS did sediment core studies and saw the largest influx of sediment in the logging era of the 60’s and 70’s. BB asked about the sediment core reports, and CM reported it is under final review by USGS scientists. EK questioned if sediment was analyzed, and is it contaminated. CM noted we did not pay for looking at contamination this time, but next time we will. JW stated if dredging in coves is anticipated, we would do a re-coring study. Carolyn Mathews distributed a handout promoting rainscaping. Rainscaping is landscaping designed to capture storm water runoff before it leaves the immediate vicinity of a house or hardscape. A discussion followed about tax breaks, and the legislature entertaining the idea of a tax break for establishing runoff control. Other distributions to the board included: Handout-Reporting a Suspected Algae Bloom on Deep Creek Lake and a Handout-Reference Bibliography for the Deep Creek Lake/Watershed
Lake Regulations/Correspondence BB questioned the Lake Management Office policy that docks may not be placed on the water of Deep Creek Lake prior to April 1st of any given year. He stated that he thought the long standing policy for placing docks in the water in the spring was - when ice is off the lake, docks may be put in. He then clarified that at some point in time it became when the ice was off and the BSU permit fee is paid for the season. He would like the policy to remain docks may be placed on the lake in the spring as soon as the ice is gone and the annual BSU permit fee has been paid. A discussion followed among those present concerning the safety issues with the possibility of re-icing if docks are placed in the water too early. WB stated DNR can not regulate infinitely. Discretion must be used. CM expressed to the group the reasoning for the letter concerning early dock placement was to elicit the help of the PRB to remind permit holders about the April 1st date in the lake regulations. WB stated no change in the regulation is necessary. It is not necessary to micromanage. CM reiterated the fact that there were many docks in the water and the annual permits had not been paid. A discussion followed suggesting that a press release from the Lake Management Office would announce when the State Park launch ramp is open and also address the dock placement issue. CM stated the Lake Management staff now has the ability to better track details around the lake, thus identifying problems with late payments, and mailing late notices. Karen Myers asked if there was a problem with delinquency. CM stated it has improved over the last 2 to 3 years, but there is a small problem of new owners falling through the cracks. A member of the public said they heard a report of Lake Management staff reviewing properties around the lake. JW suggested the Lake Management Office provide education to individual owners regarding management for Buffer Strip and Conservation Easement, SEC, storm water management, septics, etc., and perhaps develop incentives to encourage management of problems on private property. CM stated there will be educational information in the local newspaper, and three informative Special Permit classes held this summer with more to come next year. JW stated there is a library of studies available to the public. CM stated we will have rainscape projects at the Discovery Center, a web site, and things for homeowners to do to help with being good stewards of the lake.
General comments by the public The annual inspection of up to 15 miles of shoreline is a systematic way for the Lake Management Office to document what alterations have been made to Penelec/State property, review the permit records and have conversations with the permit holders about violations and notations. The Non-Conforming Use Permits have all expired. They were issued when the regulations were going into effect in 1988 and 1989. They were valid for up to 15 years after the date when they were issued. They were issued with the understanding that the permit holder knew that whatever the use was that was permitted, they had up to 15 years to remove or alter to conformity, the non-conforming use. In the past year Lake Management staff has discovered several cases of the non-conforming use still existing. The Lake Management Office is enforcing the limits of the non-conforming use permits and has been working with those residents to reach an understanding of what their use of the permit site must be per the regulations. The written trail of correspondence (from years gone by) with the permit holder requiring removal of whatever it is (most often roadways or fences) is provided to the permit holder and a date set by which the permit holder is required to remove the encroachment (up to 60 days). The Lake Management Office views installation of improvements using concrete as a problem as well as lighting which has been added to pathways and at docks without permission. BB stated grandfathering is changing. CM noted that for some older properties having over-sized sheds and patios, the size was noted, DNR said OK, and documented the situation. The policy for structures or improvements that we cannot find a written record of permission, we always ask for anything that the property owner may have in writing that would confirm that permission was sought and granted, otherwise we work with the adjacent property owner to either get the item removed if it doesn’t conform to regulations, or if it is something that would be permitted, have them make an application for the improvement and issue the $70.00 special permit to grant the permission. When permit holders make an application to perform some work on the buffer strip or conservation easement, we discuss with them how to meet the regulation requirements and we now have County construction code requirements to consider with applications. Examples: old lighting along an old path or mounted in trees-with no Special Permit. We require the lighting to be removed. If the permit holder wishes to have working lighting, then they must apply for permission for lighting and install it with materials that meet code. BW stated the policy of permitting things around the lake makes sense. People need to generally understand what Lake Management is doing. CM noted we do get a lot of positive comments with the Notice of Violations we mail to property owners after an inspection has taken place. Property owners need to understand that it is important to maintain a written record of all permission that has been granted for alterations and uses of the buffer strip and conservation easement properties. We are essentially a property management company with a very special responsibility for the health and welfare of a body of water. Many people think we do good work. Barbara Beelar stated she had submitted petitions asking DNR/Lake Management to immediately develop a plan to regulate aquatic vegetation, sediment, etc. She expressed concerns that 4 coves were becoming seriously impacted by floating pond weed, which entangles watercraft. The pond weed needs removed by mid-July or it’s there over the winter. She wants to focus on help with the floating pond weed problem. JC stated the pond weed comes from an increased nitrogen level and no phosphorous should be used in the area surrounding the lake area. CM stated there are no funds in the Lake Management budget for pond weed removal. A property owner stated he has had to remove his boat by August 1st for the last 13 years, due to the dramatic changes in the lake. BB said no major changes have occurred. Floating pond weed no different than SAV. 23 years ago, DNR sent letters stating docks may need to be removed by mid-August because of weed growth in the coves. CM stated the Lake Management Office defines eligibility for docks for permits based on a useable water depth of four feet. JF asked if this is a dredging issue. CM stated it is not. JC asked about a study on the number of SAV species. CM said Frostburg University has done a survey in recent years. The Lake Management Office can make available the species list provided by that professor. A discussion followed about unwanted species migrating into DCL from boats and trailers. CM informed the board that other lakes across the nation have instituted a boat and trailer washing requirement that may have to be looked at for this lake as many boaters come to here from other bodies of water that have populations of invasive species. CM informed the Board that she has no information from the Governor’s Appointment Office concerning the open seat. The next meeting date was set for Monday, July 13, 2009 at 6p.m. at the Discovery Center at Deep Creek Lake State Park. Meeting adjourned at 8:33 p.m. Respectfully submitted, Carolyn Mathews, DCL Manager
Handouts:
January 2009
Monday, January 12, 2009 at 6:00 pm
In Attendance: Lou Battistella, Bob Browning, Barry Weinberg, Scott Johnson, Steve Green, Jim Kline
Absent: John Forman, Ernie Gregg, Senator George Edwards and Delegate Wendell Beitzel (the General Assembly convenes on Wednesday, Jan. 14th) Attendance from the public was slim – 8 people on a cold and snowy night Chairman John Forman was ill and absent and had asked Barry Weinberg to chair the meeting. The meeting was called to order at 6:05 PM and it was noted that a quorum was present. The minutes from the October 2008 meeting were approved and are posted on the DNR DCLSP website. www.dnr.state.md.us/publiclands/western/deepcreeklake.html
Old Business The BAAC will post for comment two alternatives for the Secretary to consider – one to address concerns at Deep Creek Lake and one for the concerns of boat noise on the Elk River and other places of the State. [Elk River SAJ1970 and DCL SAJ2005 (90db)] The need for increased enforcement and increased education will be components of any recommendation. Presently there are too few specifications in boat noise testing methodology and too many variances for the officers to write citations that will stand up in court. The BAAC has invited an acoustical engineer from Mercury to participate in their meeting on January 22nd to discuss the technological advancements of exhaust systems. Parker Jacobs asked for clarification of the Maryland decibel level. Mr. Lunsford responded that 90 decibels is the maximum allowable limit in this state. He then asked Mr. Lunsford if production boats can make that level and the response was – “yes”.
New Business Shoreline erosion permits have always required review and approval by permit from two agencies – MD Dept of the Environment (MDE) and DNR as the land owner. In July 2008 the MDE began charging fees of $750.00 per application review and $750.00 for the approved permit. The Lake Management office is not involved in this fee structure but does make every attempt to inform property owners about these fees when applications for shoreline erosion controls are being sought. Carolyn Mathews explained that vegetated shorelines are highly desirable from a water quality and visual standpoint and those applications do not incur the fees. One permit site at Holy Cross installed a “biolog” last summer for erosion control. It is expected that the shoreline plant seeds will catch and root into the biolog and establish a vegetated shoreline naturally over the coming seasons. Mowing to the edge of the lake is prohibited at this site – grass mowing must stop at least 6 feet back from the shoreline. The property owner encourages others to come view this healthy approach to shoreline erosion control. The property is on the south side of the point of Holy Cross, not too far back into the cove. Applications and approvals for erosion control structures that create structural walls do require the associated fees. The Policy and Review Board members asked that someone from MDE be invited to come to the next board meeting to discuss why DCL property owners should be expected to pay these fees if this is a State owned body of water. Carolyn Mathew will make those arrangements. The Water Quality Work Group, a diverse and large group of professionals and designees invited and assembled by DNR has met on several occasions to work on a very necessary chapter addition to the Deep Creek Lake Recreation and Land Use Plan. The plan needs to be updated to include a chapter about water quality, water quality monitoring, and stakeholder involvement. Carolyn Mathews will send the minutes of the work group to the Board members. Development Permit Appealed - The Board was advised by Carolyn Mathews of the recent appeal of the Lake Manager’s decision which granted a development permit to Thousand Acres, Inc. to proceed with the concept of creating a park picnic area, roped swimming area and the placement of a specific number of dock slips along Green Glade for the Thousand Acres, Inc. development. The Office of Administrative Hearing will hear the case sometime this spring. No hearing date has yet been set. Representative change - Jim Kline, MD Bass Federation representative on the Board advised the members that he is stepping down and will be replaced by Jamie Coyle, a lake property owner, active angler and long time MD Bass Federation member. Mr. Kline reflected for a few minutes on the early days of the Board and stated that he has enjoyed his many years representing the Federation and feels it was time well spent for a good cause. Barry Weinberg spoke on behalf of the Board that they appreciated his contributions and years of service and concluded the comments with a round of applause. Comments and questions from the audience 1) Lake property owner Barbara Beelar addressed the Board by giving a progress report on the work she has done in creating a “Friends of Deep Creek Lake” which is working for the improvement of water quality in Deep Creek Lake. She had several occasions of algae blooms in the cove near her home which caused her great concern late last summer. She brought those concerns in the way of bottled samples and photographs to the attention of the Board in October. She has applied for a grant of $35,000.00 from the Center for Watershed Protection. If granted, the monies would be directed on assessments of the tributaries of the lake, mapping of the watersheds and the boundaries of those watersheds. There is a need for baseline data to be gathered into one location so management decisions can be made to improve water quality. She will hear by the end of January if she is successful in being awarded the grant. She expressed concern that the Board had not responded to her petition in October which demanded an action plan for 2009 if an algae bloom occurs again in any part of the lake. Bob Browning responded that the Board is satisfied with the efforts to date of the Lake Management office and he expects the Work Group to produce some action plan by the spring. 2) Lake property owner Gary Love addressed the Board and shared his concerns about a decision by the Lake Manager concerning his use of the buffer strip and dock placement. He asked the board to review the information he provided to them and intervene with the Lake Manager to allow him to retain what he has used and enjoyed for years. He believes that his property value and that of the other affected parties that share the right of way to the State property will depreciate if the Lake Manager’s decision is upheld. Since one of the other parties involved has already appealed the Lake Manager’s decision to the Secretary of DNR, Barry Weinberg stated that the Board does not make it a practice to get involved in individual situations. Mr. Weinberg stated that the appeal process is the appropriate forum for deciding the issue, not the Policy and Review Board. He recommended that ultimately Mr. Love could make his appeal to the Secretary of the Department of Natural Resources. The Board members will be interested in the decision made by the Office of Administrative Hearings since there may be similar future problems for others on right-of-ways around the lake. The next meeting date was set for Monday, April 27th, 2009 at 6 P.M. in the Discovery Center at Deep Creek Lake State Park. Meeting adjourned at 7:55 PM Minutes taken by Carolyn Mathews
October 2008
Date: October 13, 2008 at 1800 hrs (6:00 pm) Board Members Present: Chairman: John Forman (JF), Jay Kaminek (JK), Steve Green (SG), Barry Weinberg (BW), Bob Browning (BB), Scott Johnson (SJ), George Edwards (GE), Wendell Beitzel (WB) Quorum Present
Maryland Park Service: Lake Manager Carolyn Mathews (CM), Major Chris Anderson (CA)
1) Call to order (John Forman-PRB Chairman)
2) Old Business
3) New Business
4) Correspondence Received
5) Public Comments 6) Next Meeting Date – January 12, 2009, 6:00 PM, Deep Creek Lake State Park, Discovery Center. 7) Meeting Adjourned at 1930 hours - Board member moved to adjourn; Board member 2nd motion. Motion carried – unanimous.
** Special note: The sample sent to the DNR biologist for identification was found to be euglena- a harmless algae not the more serious microcystis.
July 2008
Date: July 28, 2008 at 1800 hrs (6:00 pm)
Board Members Present: Chairman: John Forman (JF), Bob Browning (BB), Scott Johnson (SJ), Steve Green (SG), James Kline (JK), Jay Kaminek (JayK), Wendell Beitzel (WB), George Edwards (GE)
1) Call to Order (John Forman – PRB Chairman)
2) Old Business
3) New Business
4) Correspondence Received
5) Public Comment 6) Next meeting date – October 13, 2008, 6 PM, Deep Creek Lake State Park Discovery Center 7) Meeting Adjourned at 1955 hours – JKline motion to adjourn; BB 2nd. Unanimous
April 2008
Date: April 28, 2008 at 1800 hrs (6:00 pm)
Board Members Present: Chairman: John Forman (JF), Ernie Gregg (EG), Barry Weinberg (BW), Bob Browning (BB), Scott Johnson (SJ), Steve Green (SG), James Kline (JK), Jay Kaminek (JayK), Wendell Beitzel (WB)
1) Call to Order (John Forman – PRB Chairman)
2) Old Business
3) New Business
4) Correspondence Received
5) PRB Comments: 6) Next meeting date - July 28, 2008, 6 PM, Deep Creek Lake State Park Discovery Center 7) Meeting Adjourned at 1905 hours – BB motion to adjourn; SJ 2nd. Unanimous
October 2007
Date: October 29, 2007
Board Members Present: Chairman: John Forman (JF), Ernie Gregg (EG), Barry Weinberg (BW), Bob Browning (BB), Scott Johnson (SJ), Steve Green (SG), James Kline (JK), Lou Battistella (LB), Jay Kaminek (JayK)
1) Call to Order (John Forman – PRB Chairman)
2) Old Business
3) New Business
4) Correspondence Received
5) PRB Comments
6) Public Comments 7) Next meeting date - January 28, 2008, 6 PM, Deep Creek Lake State Park Discovery Center 8) Meeting Adjourned at 1920 hours – BB motion to adjourn; BW 2nd. Unanimous
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