Deep Creek Lake Policy and Review Board
DCL Policy and Review Board Minutes

October 2007

Date: October 29, 2007
Time: 1800 hrs (6:00 pm)
Place: Deep Creek Lake State Park, Discovery Center

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)
Maryland Park Service: Lake Manager: Carolyn Mathews (CM), Major Chris Anderson(CA)
Natural Resources Police: Captain Adrian Baker, Lieutenant Brad Stafford, Sgt. Dave Marple and Sgt. Rick Walbeck
Audience: Approximately 12 people
Guests: Bob Gaudette –Director of DNR Boating Services Bob Lunsford – DNR Liaison to Boat Act Advisory Committee Pam Lunsford – Boating Program Implementation

1) Call to Order (John Forman – PRB Chairman)
a) Approval of minutes
i) LB: Motion to approve
ii) BW: made correction to adjournment time
iii) BB: 2nd Motion to approve
iv) July 23, 2007 meeting minutes approved unanimously

2) Old Business
a) Update on Appointments to the Board
i) Bob Gaudette: Bob Lunsford’s name has been submitted for vacant seat
ii) BB: Request for Bob Lunsford’s resume to be distributed to PRB members
iii) CM: Four names of local people have been sent to the Office of the Secretary (DNR) for consideration. One of those four, Dave Demaree, was noted as the recommendation of the PRB.
b) Update on the submitted regulation change request to remove PWC’s from the buffer strip (Carolyn Mathews)
i) E-mail went out to PRB and DNR with details of latest draft for regulation changes
ii) There were several meetings in Annapolis to clarify the changes
iii) CM goes over each point
(1) .03 Uses permitted with a Buffer Strip Use Permit
(a) 08.08.05.03B(2) – change number of power vessels from three to four and shift to positive language
(b) 08.08.05.03B(3) – remove from COMAR entirely
(c) 08.08.05.03B(4) – change to 08.08.05.03B(3) and the work three to the word four
(2) .06 Development Permits
(a) .08.08.05.06D(1)(e) . . . up to 33% of the total slips allocated – this would apply only to permit sites established with a development permit and not for the common dock sites that do not meet the criteria for a Development Permit
iv) Discussion ensued regarding number of sites that are not established under Development Permit regulations, how many sites affected by PWC exclusion, how many sites are not 50 feet and what are the density issues.
v) Regulation changes are still on track for July 1, 2008
vi) SG: Does the public know this is coming?
vii) CM: Only through word of mouth
viii) BB: Discussion regarding 500 pound enforcement
ix) CM: Object is to get PWC’s off the buffer strip
x) CA: May need to include language to exclude inboard motors on buffer strip
xi) BW: Do we need different language to address the enforcement issue? We need to come up with language that would get PWC’s off the buffer strip and wrap this up
xii) Paul Durham comments on behalf of the Realtors Association
(1) Would the restricted type A docks be able to tie up PWC’s?
(2) Common dock and 1/3 rule
(3) Set a reasonable time limit to remove PWC stands
(4) Weight limit may be a question of footprint and not weight
(5) May need to define the term “slip”
xiii) JF: Any other comments?
(1) CM to get back to PRB with information about type A dock, common dock and Development Permit exceptions.
(2) PWC sub-committee to meet again before Thanksgiving

3) New Business
a) New DNR Boating Services Unit - Director Bob Gaudette
i) Gave brief overview of Boating Administration/Boating Services
ii) Discussed what the Boating Services Unit has to offer for PRB and Lake Management
(1) Tremendous expertise in planning, technical information and resources, regulatory issues
(2) Provide input regarding vessel operation regulations
iii) Addressed DNR Secretary Griffin’s letter to PRB and BAAC about their roles
(1) PRB makes recommendations to DNR Secretary
(2) DNR Sec forwards to BAAC for comments
(3) DNR Sec consults with Boating Services
(4) Ultimate goal is for consistent application of boating laws and regulations across the State
(5) Short discussion with PRB members regarding letter
iv) Public boating access is a primary mandate for Boating Services Unit
(1) Currently exploring opportunities around DCL
v) Introduced Bob Lunsford – DNR staff liaison to BAAC
(1) Great resource for DCL NRMA
(2) Well versed in unique boating situations and crafting regulations to address them
b) Lake Water Quality Study (Carolyn Mathews)
i) Many things came together at the same time to make this happen
(1) Lake Management had already identified the need for baseline scientific data to access a variety of aspects of water quality in DCL
(a) DCL NRMA did not have relevant scientific data to provide to Garrett County Comprehensive Plan
(b) Increase in requests from permit holders for dredging and other significant alterations to lake bottom
(c) Other DNR staff aware of water quality issues and have also recommended data collection
(2) USGS who has the expertise to be able to perform both baseline and long term data collection of this type could do it this fall
ii) Scope of Work
(1) Bathymetric study of lake – used sonar and seismic instruments
(2) Sediments - 26 core samples in various coves
(a) identify sediment layers
(b) rate of fill
(c) chemical profile
(3) Stream Monitoring
(a) Currently 2 streams (Cherry Creek and Poland Run) and with more money add 4 more for a total of 6 streams around lake
(b) Year round on-going data collection
(c) Sampling for Ph, conductivity, sediments, dissolved O2
(4) Well Sensors
(a) Does lake level affect the immediate water table around lake?
iii) Reports and information will be distributed when it is received starting next spring.
iv) Discussion and questions regarding specifics of data collection techniques

4) Correspondence Received
a) None

5) PRB Comments
a) BB: Deep Creek Marina special permit application took entirely too long. One and a half years to tell someone “no” is not the way to do business
i) CM: The Bulkhead request was unusual and due to the complex nature of the project there were many more environmental concerns and precedent considerations than the “usual” Special Permit applications handled by Lake Management. The application provoked many discussions and ultimately DNR decided not to allow a project of this scale (involved construction of a bulkhead and digging a hole in the lake bottom) to occur on DCL.

6) Public Comments
a) Ed King: How’s the work on the dam coming?
i) CM: Fine as far as we know.
b) SJ: How is the State Park beach project going?
i) CM: Everything is going according to plan and the public will be able to enjoy a much improved beach next summer.

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

July 2007

Date: July 23, 2007
Time: 1800 hrs (6:00 p.m.)
Place: Deep Creek Lake State Park, Discovery Center
Board Members Present: Chairman-John Forman (JF), Ernie Gregg (EG), Barry Weinberg (BW), Bob Browning (BB), Scott Johnson (SJ), Steve Green (SG), Senator George Edwards (GE), Lou Battistella (LB)
Natural Resources Police (NRP): Captain Adrian Baker
Maryland Park Service: Lake Manager, Carolyn Mathews (CM); Assistant Lake Manager, Julie Allbrooks recorded the minutes
Audience: 15 people including Lt. Brad Stafford and Sgt. Dave Marple of NRP

1) Call to Order by John Forman

2) Approval of minutes
a) April 30, 2007 meeting minutes approved

3) Correspondence Received
a) The Boat Act Advisory Committee (BAAC) letter of June 1, 2007 to PRB
i) BW gave report by summarizing the points made by BAAC and outlined PRB position regarding them
ii) JF – Are we recommending writing a letter to BAAC about the PRB standing on PWC’s moving at speed under the bridges?
iii) BW – given that DNR and NRP oppose the PRB position on the issue, we need to deal with PWC issue here first. PRB letter would address the BAAC letter directly.
b) Motion by SJ for BW to draft a letter of to BAAC, LB seconded the motion and it passed unanimously

4) Old Business
a) BB – What happened with the Tour Boat issue?
i) Brief recap of issue history ending with Assistant Secretary Mike Slattery’s offer at January PRB meeting to review the request and the AG’s denial for tour boat(s) with the incoming DNR Secretary Griffin
ii) Round table discussion of what to do now that Slattery is gone from DNR
iii) JF will call Sec. Griffin to check the status and will follow up with a letter from PRB
iv) Senator Edwards will try to bring this up with Sec. Griffin at an unrelated meeting in the near future
b) BW – What happened to allowing dive platforms molded onto a powerboat that then make the vessel longer than the 26 foot length to be permitted by regulation on Deep Creek Lake? PRB had voted unanimously to send a letter to the Secretary asking for a regulation change to accommodate power vessels with molded platforms to be longer than 26 feet but shorter than 27 feet.
i) Read the minute notes from January 2006 -
ii) CM – No one wrote the letter. PRB needs to write the letter not the Lake Management staff to make this recommendation to the DNR Office of Sec.
c) Lengthy discussion ensued regarding who is responsible for writing letters on behalf of the PRB, the need for procedures to make sure that PRB issues are not ignored, what are administrative functions of the Lake Management Office in reference to PRB business. Lake Management office will send and receive correspondence on behalf of the PRB, will generate and distribute minutes and will be liaison with the Department on matters relating to management of Deep Creek Lake. PRB members need to volunteer for letter writing or corroborate together to draft the letters going to the Secretary of DNR.

5) New Business
a) PWC Subcommittee Report
i) BW – Gave overview of issue
(1) The problems that exist
(1) where to put PWC’s that weigh more than 500 pounds because they cannot be “beached”
(2) how to determine if PWC is permitted or not
(2) Preliminary recommendations of PWC subcommittee
(1) Type A Docks - Allow 3rd power vessel at dock if at least one is a PWC
(2) Common Dock – the number of additional PWC’s allowed would equal 1/3 the number of slips allocated to that site
(3) Changes are needed in COMAR
(3) SG – Would current stands be phased out?
(1) CM & BW – yes, over time
(4) SJ – Where will people put their PWC’s ?
(1) CM – back side of docks, floats or slings attached to dock
(5) Audience question – 1/3 the number of slips will be added to common dock permits?
(1) CM – not slips, but will allow for up to1/3 the number of slips to be PWC’s tied around the dock
(6) General discussion regarding
(1) POA survey conducted earlier this year
(2) procedures for making changes to COMAR – public comments, timeline
(3) current and future enforcement of buffer strip regulations
(7) Strategy established for moving this issue forward – hold another subcommittee meeting with NRP present as soon as possible
(8) JF – after that the PRB members can vote via e-mail
(1) Carolyn will draft letter on PRB letterhead and use a PRB envelope
(9) CM – will confirm PWC meeting for Monday or Tuesday next week
b) General discussion
(1) Procedures for regulation changes
(2) Renters versus owners and the number of boats on the lake and at dock

6) Next meeting date - October 29, 2007, 6 PM, Deep Creek Lake State Park Discovery Center

7) Motion to adjourn – unanimously approved
The meeting was briefly reconvened
JF - Brief announcement that there are five Governor appointed seats on the PRB, four of those terms expired in November 2006. Governor O’Malley wishes to review each of those appointments. The appointments office has requested resumés from those presently serving in those seats. The review will be done in concert with the submission of resumés from interested candidates for the open seat – Maryland resident at large. CM – The resumés submitted in May for the open seat were forwarded to the appointment’s office. The return response asked to review the other four before an appointment is made to the open seat.

8) Attendees were again adjourned 1935 hrs (7:35 p.m.)

April 2007

Date: April 30, 2007
Time: 1800 hrs (6:00 pm)
Place: Deep Creek Lake State Park, Discovery Center
Board Members Present: Chairman: John Forman (JF); Barry Weinberg (BW), Bob Browning (BB), Scott Johnson (SJ), Delegate Wendell Beitzel (WB), Steve Green (SG), Jay Kaminek (JK), Jim Kline (JKline)
Natural Resources Police: Captain Adrian Baker, Sergeant Richard Walbeck, Sergeant Bradley Stafford, Officer Brian Albert
Maryland Park Service: Major Chris Anderson, Carolyn Mathews (CM), Lake Manager, Julie Allbrooks, Assistant Lake Manager (took the minutes)
Audience: 25 people

1) Call to Order and approval of minutes
a) Revised October 30, 2006 meeting - minutes approved
b) January 29, 2007 meeting - minutes approved

2) Old Business - None

3) New Business
a) Boat Act Advisory Committee(BAAC)– additional contacts report from BW and BB
i) BW provided a recap of initial meeting with BAAC
(1) BAAC told PRB to do the preliminary procedures to recommend a change in the Boating Regulations of COMAR that would allow PWC’s to proceed at speed under the two traffic bridges on Deep Creek Lake. (Presently PWC operators must slow to 6 k under the bridges because most generally pass within 100’ of the bridge abutments)
(2) Commented that PRB is a DNR statutory committee and felt the cavalier treatment by BAAC was not warranted
(3) BAAC set up a sub-committee to assist in communications between PRB and BAAC
(4) Steve Kling is BAAC subcommittee contact for PRB
(a) No resolution of issue however agreed to keep talking about issues of mutual interest
(b) Have spoken twice on the phone with Steve Kling
(i) 3/28/07 – S. Kling was going to talk with BAAC regarding PRB concerns
(ii) 4/20/07 – S. Kling “did not get far” with BAAC
(5) PRB does not agree with BAAC’s notion of being able to alter or veto PRB recommendations to DNR Secretary
(6) Feels BAAC has no interest in DCL
(7) Senses BAAC may have “issues” with DNR that have nothing to do with the Deep Creek Lake Policy and Review Board (PRB)
(8) Invited members of BAAC to attend a PRB meeting
(9) Next BAAC meeting is May 17, 2007
(10) Conclusion:
(a) At this time, PRB is not going to pursue an amendment to the Boating Regulations of COMAR
ii) The PRB conducted a general discussion of B. Weinberg’s oral report
(1) JF – feels the BAAC may be inclined to have everyone (all powerboat operators on Deep Creek) slow down at bridges instead of moving forward with an exception to boating regs. that only benefit PWC operators on Deep Creek to maintain speed as the power boaters do now
(2) BB – PRB representatives got the brunt of BAAC “attitude”
(a) Thinks it is unlikely that PRB will be able to get any rule changes because he does not see DNR, PRB and BAAC coming to agreement
(3) JF – Are you planning on attending the next BAAC meeting?
(4) BB/BW - Until BAAC sorts out their issues they will rely on Steve Kling (BAAC) to communicate to them the BAAC position on boating concerns
(5) Audience - Carol Doctor - Are you allowed to recommend changes to Deep Creek Lake permit regulations?
(a) BB – Yes
(b) Water Appropriation Request (Emergency Use) - Thousand Acres Golf Course
(i) Paul Durham (PD), consultant introduced Joe Franklin, Bill Franklin and Drew Fessler of Thousand Acre Development; Steve Cahoon – Western Golf Properties (Course Manager); Craig Schreiner – Schreiner Golf (Course Architect)
(ii) PD – July 2005 circulated water withdrawal request to DNR
(1) Land use options for applicant – unknown at this time what final option will be approved
(a) Discussed lease, easement, license options of DNR land
(2) Maryland Department of Environment (MDE) – Conditions of withdrawal
iii) Craig Schreiner -
(1) Short overview of qualifications specific to parks, lake side courses and integrating with nature
(2) A sensitive approach to design a course that fits the environment with as little impact as possible
(3) Challenges: Poland Run and elements of conservation
(4) 3 acre irrigation pond on course will fit into topography
(5) Facilitating erosion reduction with diversion swales
(a) Water will go underneath and around not through the golf course
(b) “Gave up” water that will run across course
(c) Grass catchments throughout course allow for course drainage
(6) Course needs water “back” to grow turf 1”/per week
(a) Focusing on greens and tees for emergency water use – the rest of the course designed for low water needs
(7) Will be reusing all of the top soil
(8) Course is 18 holes with small practice range
iv) Steve Cahoon– managing irrigation
(1) This company manages other projects with similar adjacent lake issues
(2) Potential site superintendent is familiar with managing this type of course
(3) Main focus is “Drainage, Drainage, Drainage”
(a) Remove rainfall from course
(b) Apply water to specific areas with rain bird system
(c) Very efficient with on-site water
(d) Focus irrigation on main play areas
(e) Individual head control to meet custom needs
(f) Uses computerized system to water most effectively
(i) Regularly monitored
(ii) Goal is to keep grass alive – nothing extraordinary
v) Bill Franklin– managing storm water
(1) Design precludes need for storm water ponds
(2) “New Thinking”
(a) Low impact development
(b) Use small facilities/grass hollows dotted throughout instead of traditional large ponds
(c) Water will slowly discharge from grass hollows
(d) This approach reduces the potential for flooding
(e) Already seeing a reduction of the slit plume at the mouth of Poland Run
(3) Time will fine tune the watering needs of golf course
(4) Pond drains about 40 acres
vi) PD – Circulated and discussed fact sheet handout
vii) Steve Cahoon – managing fertilizer
(1) Only apply how much and where needed to get the job done
(a) Applied with irrigation water just enough to sustain grass not enough to saturate and cause run off
(b) 6” of rain in one hour would be needed to cause fertilizer to run off property
(c) Even if run off does occur 10 parts/billion is within safe drinking water levels
(2) No wetlands have been impacted on project
(3) 50’ buffer area was left around entire course
(4) Applying for Audubon Cooperative Sanctuary System for Golf Courses certification
(a) For more information on this program visit: http://www.audubonintl.org/programs/acss/golf.htm
viii) Joe Franklin – closing
(1) Craig is the 4th architect that has worked on the project
(2) He has taken the time to “get it right”
(3) Would appreciate PRB giving a positive recommendation to DNR regarding the project
ix) Questions:
(1) BW – Do I understand correctly that you want to take water out of the lake during a drought?
(a) PD – The rule band at the power house will prevail. Will use the operational zone pond water first, and then rely on lake water. In the case of extreme drought, the 8 foot of emergency reserve water in the pond will be used to preserve grasses
(2) BW – If MDE declared a drought . . .?
(a) PD – Only the greens and the tees will be irrigated – an area totaling 3 acres
(3) BW – Where is the pump and how loud is it?
(a) PD – It’s submersible and is located 18 feet underground. No noise and not visible except structure facility on lakefront, the intake valve is at 2451’ above sea level
(4) BW – Screen over intake?
(a) PD- Yes
(5) JKline – Will this pump affect fish spawning in the area?
(a) PD – The intake pipe is located on useable frontage, there are spawning areas on either side. Intake velocity takes spawning into consideration. The recharge can be brought in at a slow rate
(6) SJ – How frequently will drought occur?
(a) PD – 1992 was the last one on record
(7) SJ – What is the drought cycle?
(a) PD – It is an art to predict, there is no crystal ball hence the reliance on MDE
(8) BW – Have you talked with Brookfield?
(a) PD – MDE puts it on Brookfield Power to keep the lake level within the rule band. There will be a miniscule amount of water removed by course drawdown
(9) BW – Concerned with lake level, the prospect of pumping water from the lake when the lake level is low can make a big difference
(a) PD – One thousandth of an inch or 3/10ths of an inch is the amount of water that would be taken, minor in overall affect on lake
(10) SG – How many water withdrawals are out there?
(a) Carolyn Mathews – 2 for Wisp Resort - winter has been in existence for snow making and now summer to fill the artificial whitewater course
(11) JK – Estimated uses?
(a) PD – MDE uses formulas to calculate for permits
(12) Craig Schreiner – The course will not look like Augusta. Watering will not occur everywhere. Course plan calls for a variety of grass species with different water needs
(13) BB- Compare this pipe to the pipe at the dam
(a) PD – 6” withdrawal pipe with variable speed pump system
(14) JKline – What about fertilizers? Is there a chance that fertilizers will make it into the lake?
(a) Very minimal chance
(15) JKline – Has seen the destruction fertilizer run off can produce and is concerned for wetland wildlife
(a) Not sure there will be an issue,
(b) Only putting minor amounts of fertilizers down
(c) Heavily relying on the course superintendent to manage fertilizer to the nth degree – keep fertilizer where it is needed
(d) Drainage systems at each hole
(e) Buffer area for every wetland
(f) 50 foot buffer area which is twice the standard
(16) WB – What are you asking the PRB to do? Give blessing to withdrawal request?
(a) JFranklin – First this presentation was to inform the PRB about the project and would like to see at a minimum the PRB to have no reason to oppose and optimally for PRB to support the project
(17) BB – Sounds like a good project, it creates a new recreational opportunity for the lake, let the other agencies deal with the details, personally supports the golf course
(18) JF: Is that a motion?
(19) BW: We don’t have a copy of withdrawal request
(20) BB – As long as terms and conditions of all other agencies are met
(21) SJ – Rather be “not opposed” than “for” – this was a phenomenal proposal
(22) BW – Concerned with taking water from the lake when there is a drought, Putting Brookfield Power in a predicament of maintaining the lake level, as long as Brookfield is on board with project – okay
(23) CM – Brookfield acknowledges that the more “straws in the bowl” the more cause for concern
(24) Audience – Ed King – What bookkeeping does MDE require and what about metering?
(a) PD –The user (permit holder) would be required to maintain a daily record and submit an annual report
(25) JF – Thank you for the nice presentation and good luck

(4) Public Comments
a) Carol Doctor – There is public concern about PWC’s and the 500 pound rule. Wants a vote at the next meeting
i) BB – revive PWC committee and come to some conclusions
ii) BW – Where are we on the sticker program?
iii) CM – still have subcommittee to pursue the proposal, needs subcommittee to develop concept
iv) Audience: What about stands?
(1) CM – Permits will be issued as long as PWC weighs under 500 pounds
v) Audience: Something needs to be done. Decisions and business growth are being affected
(1) CM – Many permits allow for 2 power boats slips
vi) Audience: There is no one governing the stands
(1) CM – People choose to ignore the 500 pound rule
vii) BB – Subcommittee needs to get a consensus together
viii) BW – this is hinged on what is enforceable
ix) BB – Let’s set a date for the subcommittee meeting
x) CM – 3 members of the community want to be on the subcommittee
xi) BW – BB is subcommittee chair
xii) CM – Meeting is set for Tuesday, May 22nd at 1 p.m. the place is to be determined
b) Conrad Stephanitis – Glendale Shore President
i) Called to be put on the agenda and was not permitted – wants a special meeting called to discuss the Glendale Shores issue
ii) WB – The issue with Glendale Shores is longstanding
(1) They met with Senator Edwards, DNR Secretary and DNR Deputy Secretary Schwaab
(2) Eric Schwabb indicated that the PRB should come up with a recommendation
(3) WB briefly discussed history of issue
iii) Glendale Shores – We would like to be put on a special meeting agenda to show background and paperwork of issue
iv) JF – Carolyn anything to add?
(1) CM – No
v) BB – Bill’s Marine has permit for the location
vi) Glendale Shores – We want to present our arguments
vii) JF – Get something to the PRB prior to next meeting
viii) SJ – provide the entire history of the issue
c) Bill McCracken – Coast Guard Auxiliary
i) Sees a need for a flotilla on DCL
ii) Wants to recruit interested parties
iii) Can provide valuable services – safety patrols of lake with no enforcement – eyes and ears to increase the quality of boating on DCL

(5) Next meeting date - July 23, 2007, 6 p.m., Deep Creek Lake State Park Discovery Center

(6) Motion to adjourn (JKline) - Unanimously seconded

Footnote from BB and BW – “A good time was had by all.”

Attachment 1: TALGC Golf Course Irrigation and Lake Water Withdrawal Fact Sheet

January 2007

Date: January 29, 2007 Time: 1800 hrs (6:00 p.m.)
Place: Deep Creek Lake State Park Discovery Center
Board Members Present: Chairman-John Forman, James Kline, Ernie Gregg, Barry Weinberg, Bob Browning, Lou Battistella, Jay Kaminek, Scott Johnson, Steve Green
NRP Officers: Lt. Brad Stafford, Sgt. Dave Marple, Capt. Adrian Baker, Sgt. Wayne Jones, Ofc. Brian Albert, Sgt. Richard Walbeck
MD Park Service: Major Chris Anderson and Carolyn Mathews, Lake Manager
Guests to address the Board: DNR Assistant Secretary Mike Slattery, Herb Sachs and John Grace, MDE

Old Business
Commercial Boat Tours on Deep Creek Lake
Assistant Secretary of the Department – Mr. Mike Slattery (MS)
• Apology for initial confusion regarding larger vessels on Deep Creek Lake.
• NRP & DNR officials feedback was negative to larger vessels on DCL
• The issue as he understood is
o There are no existing Coast Guard inland waterway standards for larger vessels
o DNR has authority to develop standards however does not have expertise or regulatory authority to enforce
o DNR has two main concerns: liability and public safety o Referred to accidents involving tour boats in upstate New York and Baltimore in the recent past
o Feels DNR cannot responsibly manage tour boat enterprise as desired
o Willing to continue conversation regarding tour boat issue as it relates to economic development of lake and surrounding area
o Once again emphasizes DNR concerns:
* Liability of boat tour business
* Public safety of tourists on tour boats and other boaters recreating on DCL
• Bob Browning (BB) – Very disappointed with the DNR response. Why was so much time wasted working on regulations and issue?
• MS - Unfortunately, when this issue was brought to DNR, there were new people working on this issue and they did not follow proper procedures
• BB - He worked with DNR personnel Dan Stansil and Lake Manager, Paul Durham who were in constant consultation with superiors on the initial proposal and regulations and feels that public is being denied access to lake
• MS - Preliminary decision letter from DNR went out with tacit approval without being vetted with appropriate authority of state officials
o Final Decision letter brought in staff at appropriate level of expertise and authority who said “no” to proposal
o He takes responsibility for the “botched communication”
o Is willing to take the issue back to the new DNR Secretary John Griffin but does not feel outcome will change
• BB - When he ran a boat tour operation at DCL for 18 years, 25,000 people used it and 20,000 would have never seen DCL had it not been available to the public
o US Coast Guard does have standards and they require all vessels to meet the recreational standards and requirements
o The proposed DCL regulations drafted specifically for the tour boat(s) also require an inspection by an accredited Marine surveyor so DNR is not required to have the “expertise” to do these inspections
. MS - The size of the boat proposed is the issue and sticking point for DNR
• BB - A 30’ long boat carries 50 people, What is the difference between a 30’ and a 45’ boat as far as liability is concerned?
• JF – When the PRB was created in 2000, one of the priorities voiced by the members of the Delegation was to work towards putting Tour Boats on DCL. The primary concern at the time was the size of the boat(s).
• MS - Staff recommendations lead DNR Secretary Ron Franks and Assistant Secretary MS to make the decision against the boat tour operations on DCL
o Reiterates that if PRB requests he will take this issue back to the new DNR Secretary John Griffin
• Barry Weinberg (BW) - Do you (MS) have any suggestions for “making it work”?
o The footage of the boat proposed matches the capacity of tour busses in the area
o Initial focus for PRB was 3 issues
* Lake Management Plan
* Conservation Easements
* Tour Boat Operations
• 75’ long – did not go forward
• looked at shorter length that would accommodate tour busses and 45’ was answer
o Feels it is a summarily dismissive decision by DNR
o “How can DNR assist PRB in being able to do what we want to do?”
• MS – That’s a fair question – need to work hard on recommendation that would satisfy issue
• BW - “How do we mutually come up with something that will work?”
• MS - A change in leadership may lead to a change in policy
o Doesn’t want to minimize the concerns of DNR staff
o Sees that PRB shares these same concerns
o Agreed a more relaxed approach to communications between PRB and Office of Secretary needs to be implemented
o Recap of what he needs to do
* Raise issue with new DNR Secretary
* Make Secretary aware of conviction of PRB regarding the economic impacts of decision
* Move forward to collectively address liability and management issues concerning all parties
o Does not know when to expect the next step and acknowledged long standing relationship between John Griffin and PRB members

Approval of October 2006 Minutes
. JF - To get back on agenda, minutes need to be approved
• BW - Minutes are becoming too summarized
o Identify who makes motions and yea or nay votes
o Minutes serve as a record and fuller description of what went on at meeting
. Chris Anderson (CA) Verbatim minutes are not goal
• JF - Defer to next meeting to approve minutes of October 2006 meeting

New Business
Boat Act Advisory Committee meeting report (BAAC)
Barry Weinberg and Bob Browning
• BW - PRB was primary agenda item
o BAAC was established to give advice to DNR Secretary regarding boats and boating issues
* 14 committee members in attendance
o Presented proposal to allow PWC’s on DCL to proceed at speed through all bridges on DCL
* State regulations require PWC’s to stay 100’ from bridge piers
* PWC’s must slow to 6 knots while other vessels do not slow
* Concerns:
• Bridge supports on DCL are not very wide and the 100’ rule crowds vessels passing under the bridge
• PWC’s are less maneuverable at slower speeds
• The sudden variance in speed of boat traffic around bridges – powerboats maintaining speed and PWC’s slowing down to 6 knots
* Presented letters to BAAC
• Letter to DNR Secretary dated April 2006 that outlined issue
• Letter from DNR Secretary to PRB dated July 2006 that agreed that this was a good idea
• Discussion ensued if this is such a problem, why isn’t everyone required to slow down
* BAAC informed PRB that PRB did not follow proper procedures and the issue was going to be tabled until all protocols are followed
• PRB reps felt the BAAC was being cavalier towards another statutory committee
• Believed PRB had supplied plenty of information
• Appears there are other issues involved with BAAC position that had nothing to do with PRB
• Ultimately, BAAC appointed a sub-committee of Steve Klink and John Marple to explore a way that BAAC and PRB can work together in the future
• Stated that PRB does not want to fight with BAAC just wants to get serious work done with BAAC cooperation
• Discussion among PRB members
o Is BAAC “above” PRB in the DNR hierarchy?
o Did PRB do a procedural “end run”?
* No, statute says to write to DNR Secretary
o If BAAC wants to slow all boats, then maybe we’d be better off leaving things the way they are
o How do we work with BAAC and not make same mistakes in the future?
o BB – Maybe we should make a motion to remove this issue from the table
o BW – mystified as to BAAC response to the proposal – this whole thing was bungled along the whole way. BB idea to table the issue until we can figure out how to work with BAAC is good
o BB – let’s withdraw it so we don’t get something we don’t want
• MS explaining role of Boards in DNR
o Both PRB and BAAC approve and disapprove DNR Secretary decisions – as do the Fisheries Boards
o One board can’t tell another yea or nay – the DNR Secretary does this
o They are parallel organizations – both “advise” DNR Secretary
o DNR staff should act as PRB “staff” to facilitate relationship with BAAC
o It is always appropriate to work with DNR staff to come up with consensus between Boards
o Sometimes Boards issue conflicting recommendations to DNR Secretary
• BB – PRB can approve or disapprove regulations unlike BAAC
• MS – We anticipate some turnover in BAAC as some members have expressed interest in leaving
• BW – BB & I thought that if BAAC does set up this sub-committee, someone from PRB should meet with BAAC and have a general discussion about DNR and other issues
• MS – PRB should include BAAC in discussion but PRB does not have to go through them
• BW- Move that PRB establish a committee to talk with BAAC about future relationship
• Motion unanimously approved

Introduction of audience members
• Sergeant Wayne Jones – new supervisor of Western Region NRP staff
• Sergeant Walbeck – NRP Boating Safety

Update on Maryland Department of Environment (MDE) review of Brookfield Power request for valve repairs – fall 2007
John Grace (JG) and Herb Sachs (HS)
* JG gives background of issue
o July 2006 Brookfield Power requested MDE allow Brookfield Power lower lake water levels 2 feet beyond the established rule band in the fall of 2006 to do repairs to the valve system of the Dam.
o MDE told Brookfield Power that this request would be considered for fall 2007
o January 2007 Brookfield Power resubmitted request for October 2007
* Expressed need to replace valves in the turbines and need to lower lake levels beyond rule band to be able to safely do work
o Condition 14 of contract does not allow for outages from mid-May to mid-October
o Proposed timeline:
* October 8th – lake levels already at the October lower rule band level of 2456.75’ – hold there until after Autumn Glory
* 12 to 14 days to complete the drawdown to 2454’
* Close gates and do work within 30 days
* As soon as gates close lake begins to refill
* Should have lake level high enough by Thanksgiving for Wisp to use lake water to make snow.
o MDE wants everyone to have plenty of opportunity to remove docks from lake and fisheries to know that access to the Youghiogheny will be limited
* Carolyn Mathews (CM) – Dock removal companies need enough time to schedule dock removals
* Scott Johnson (SJ) – Did Brookfield Power change the lower rule band date?
* JG – Labor Day will be normal lake level
o October 8th lake at lower rule band for October – 2456.75’
o October 22nd lake at 2454’
o Believes lake will be back to normal numbers by end of November
* SJ – two opposite concerns here – who needs lake levels at which end of drawdown
o Wisp – Thanksgiving
o Boaters, dock companies, tourists and property owners– Autum Glory
* JG - MDE & Brookfield Power primary concern is the water does not go over spillway during this period
o Lake level decided on will accommodate a 500 year flood event
* Steve Green (SG) – What is effect of water going over spillway?
* JG – Spillway is overgrown with herbaceous material so a flow over it will cause sediment erosion, uprooted trees, general mess
* SJ – Brookfield Power agreed in a phone conversation to October 14th as start date
* General discussion about effect of 6 day difference between 8th and 14th.
* CM – Information about lake drawdown is going out in the February Buffer Strip Use Permit mailing
* SG – Skipco Waterfront Properties is sending out information letters now to slip lease holders
* CM- we’re all trying to get the information distributed
* Parker Jacobs – will this affect the December 1st regulation for dock removal
* CM – No this only concerns this year and boats and docks being left high and dry
* SG – Stakeholders need to know so they can plan construction projects on lakeshore
* CM – expects a flood of applications for October shoreline improvements
* BW – Motion to deputize Scott Johnson as PRB spokesperson regarding the October 8th versus October 14th issue. Scott accepts.
* JG – Impressed with Brookfield Power’s outreach efforts to all involved and encourages comments
* BB – recommends Brookfield Power schedule all maintenance projects for this time period
* Bob Nichols – If there is opposition to the change where should it be directed?
* JG – MDE

New Administration /New Appointments
* JF – There is a open seat on the Board
* CM – Collecting resumes from interested parties and will submit to the appropriate people at the appropriate time

Public Comment
* JF – Is there any other public comment? None

Next meeting date and agenda
April 30, 2007 at 6 p.m. at Discovery Center

Motion to adjourn.
Motion passed unanimously.

Minutes taken and compiled by Julie Allbrooks, Assistant Lake Manager

October 2006

Date: October 30, 2006 Time: 1800 hrs (6:00 p.m.)
Place: Deep Creek Lake State Park Discovery Center
Board Members Present: Chairman-John Forman, Delegate George Edwards, Ernie Gregg, Barry Weinberg, Bob Browning, Scott Johnson, Wendell Beitzel, Captain Robert Davis-NRP representative, Steve Green, Ed King, Jay Kaminek
NRP Officers: Lt. Brad Stafford, Sgt. Dave Marple
MD Park Service: Major Chris Anderson and Carolyn Mathews, Lake Manager
19 people in the audience

All members of the board voted to accept the minutes from the July 24, 2006 meeting as written. They will be posted on the DNR website.

Old Business
Boat Noise
• Captain Davis reported that over the last two seasons there were three noise related complaints on DCL. The board discussed the procedure of regulation changes and the advantages/disadvantages of having separate regulations regarding boat noise for DCL. Testing procedures were discussed and the legality issues associated with deviation from the industry standards. A motion was made to not alter the current regulations. The motion was put forth by Mr. Browning, seconded by Mr. King. The motion passed with two opposed.

100 Foot Minimum Wake Buoys
• Lake Manager Carolyn Mathews reported that DNR will be reducing the number of non-regulatory buoys on DCL in 2007. In June of 2006, Captain Davis of NRP toured the lake with the Lake Manager and discussed the function of these buoys. The Lake Manager explained that the boating regulation of minimum wake within 100 foot of the shoreline is in effect around the entire lake, and the random placement of buoys at 100’ may be counter-productive as an education tool. It creates added congestion in narrow coves as vessels towing skiers must be 100’ from any object. To place a buoy at 100’ from shoreline requires the boat operator towing a skier to be another 100’ away from the buoy and any other objects that may be in the vicinity. Not all of the non-regulatory buoys will be removed and the Lake Manager gave examples, such as the public boat launch area.

New Business
Larry Smith
• Larry Smith and family questioned DNR’s denial for slip allocation as submitted in their application. The Lake Manager discussed the current regulations and stated that the use and status of the land has changed from a commercial use (a motel) to a residential use (a condo). The board discussed this permit status and recommended that DNR review the application more thoroughly. The board recommended that a definition of the term Transient Slip be crafted, as well as other terms used commonly around the lake. It was brought to the attention of the Board that there were two residences within the motel that had held dock permits but those slips were not considered in the application review by Lake Management. Historical residential use counts in the allocation process and members of the Board felt that those slips should have been part of the total number of slips approved to the new use.

Personal Watercraft and Bridges
• Capt. Davis discussed the PRB’s letter of recommendation to the Boat Act Committee (BAC) that COMAR be amended to allow PWC’s to operate above 6 knots within 50 feet of the bridge structures on Deep Creek Lake. This subject was not a topic of discussion at the last BAC meeting. There was a decision made that representatives from the PRB attend the BAC committee’s next meeting to follow up the PRB’s letter.

Power Vessels at Docks
• The board discussed the background of the current regulation that stipulates a 500 pound weight limit for storage of boats on the buffer strip. The regulation was intended for small hand carried boats and not high performance machines. The Lake Manager discussed the ideas developed by a PRB sub-committee consisting of Scott Johnson, Bob Browning, and Barry Weinberg. The thoughts are to treat PWC’s as part of the annual Buffer Strip Use Permit and not to issue any more special permits for stands. The PWC’s may be moored at a dock or on a stand, and preliminary feelings are to allow one PWC per 50 feet of lake frontage up to two PWC’s, regardless of frontage. Further discussion elaborated on a sticker system or some other method so law enforcement and lake management staff can quickly identify the type of permit site so as to come to a conclusion of how many power vessels could be docked there overnight. Concerns about carrying capacity were expressed, and the conclusion was for the Lake Manager to refine permitting procedures and present them to the PRB.

A motion was made and seconded to extend the meeting beyond the two hour limit. The motion passed unanimously.

There was a motion made by Senator Edwards to allow flexibility in the slip allocation in the case of the Smith family to allow eight slips. Being that the Lake Manager had previously agreed to review the Smith’s application again, the motion was withdrawn.

Correspondence Received
DNR Assistant Secretary Mike Slattery’s letter of July 24, 2006 was discussed. The letter identified several issues of concern held by the Natural Resources Police and the Maryland Park Service in reviewing the PRB’s interest in putting a tour boat(s) on the state owned lake. The board members requested that the Assistant Secretary be invited to attend the next PRB meeting to further elaborate on his on tour boats on DCL.

Public Comment
There were no formal public comments; however the public was allowed to comment throughout the entire meeting on the aforementioned topics.

Next meeting was set for Monday, January 29, 2007 at 6 p.m.

A motion to adjourn was made and seconded at 2017 hrs (8:17 p.m.) passed unanimously.

Minutes submitted by Roy A. Musselwhite Jr.

July 2006

Date: July 24, 2006 Time: 1800 hrs (6:00 p.m.)
Place: Deep Creek Lake State Park Discovery Center
Board Members Present: Chairman-John Forman, Delegate George Edwards, Senator John Hafer, Jim Kline, Ernie Gregg, Barry Weinberg, Bob Browning, Scott Johnson, Wendell Beitzel, Carolyn Mathews-Lake Manager, Captain Robert Davis-NRP representative
NRP Officers: Lt. Brad Stafford, Sgt. Dave Marple, Sgt. Mark Sanders
MD Park Service: Major Chris Anderson
23 people in the audience

All members of the board voted to accept the minutes from the April 24, 2006 meeting as written. They will be posted on the DNR website.

Old Business
None

New Business

  • The Board was advised that August 10th is the next scheduled Boat Advisory Committee meeting in Annapolis. This Board’s written request to modify the statewide boating regulations to accommodate maintaining speed of PWC’s as they pass under the two bridges that cross DCL should be on the agenda.
  • PWC’s (Personal Watercraft) stored on the Buffer Strip

Lake Manager Carolyn Mathews gave a brief overview of efforts made to date by the Lake Management office staff to gain compliance for the current regulations that relate to boats stored on the buffer strip.

Discussion continued between board members with questions, audience with comments, questions and concerns, and Lake Management with responses and thoughts. At the end of the discussion it was determined that the Lake Management office will put together some thoughts and proposals and provide them to the Board members for consideration at the next meeting.

  • Boat Noise Issue – again a request by a member of the audience to review the regulations relating to noise produced by boats engines. He believes that other states have tougher regulations and would like those regulations here at Deep Creek.

To NRP officers it is not an enforcement issue. There have been few to no complaints made about boat noise in the past few years. When officers have actually conducted the tests, the boats tested have passed. There was discussion about nuances of wording, cutouts, other state regs, measurable manner, standards for measuring etc. and further discussion about how a noise meter works – collects all ambient and targeted noises, and cautioned that ambient noises change constantly, with the result that cases are difficult to successfully prosecute in court.

Board member Barry Weinberg made a motion that a tighter boat noise regulation be drafted that would include the ability to enforce it. Keep it simple with the decibels in the regulation and make it measurable. Do not allow “cut off’s”. Board member Scott Johnson seconded the motion. The board voted unanimously to request DNR to draft a tighter boat noise regulation.

Correspondence Received
Kite Tube recall – the Board and those in attendance were made aware of the recent recall notice received at Lake Management about the product called a “kite tube”. In the western part of the country several serious injuries and at least one death have occurred this year. The manufacturer has recalled the product.

Public Comment

  • Discussion about Awareness Buoys
  • Voted on 10 months ago but have not been installed
  • Boaters ignoring 100’ lake perimeter rule
  • Carolyn Mathews & Bob Davis responded

June 1st area in question was reviewed. It was determined that to place additional buoys in that area would only cause further problems with boaters. No need to ring lake with buoys as there is a standing 100’ rule.

Water skiers need to stay 100’ away from fixed object thereby actually increasing the risk and congestion at mouth of cove by squeezing ski traffic into an even narrower channel.

Next meeting was set for Monday, October 30, 2006 at 6 p.m.

A motion to adjourn was made and seconded at 2056 hrs (8:56 pm), passed unanimously.

Minutes submitted by Julie Allbrooks, Assistant Lake Manager

April 2006

Monday, April 24, 2006 at 6:00 p.m.
Deep Creek Lake State Park, Discovery Center
Board Members Present: Jay Kamiek, Ed King, Scott Johnson, Barry Weinberg, Chairman-John Forman, Wendell Beitzel, Carolyn Mathews
NRP Officers: Captain Butch Schuler, Lt. Brad Stafford
MD Park Service: Major Chris Anderson

Meeting Minutes
The minutes from January 23, 2006 are to be amended in three areas.

  • Page 3 is to read that the whitewater community requested more water releases, not the fishing community.
  • There was a clarification of the board’s intent to draft and send a letter to Brascan Power Company requesting the water release to the lower elevation not to occur until mid to late October in order for the boating season for many property owners to last through Autumn Glory weekend.
  • Clarification of when voting on a motion, the numbers of nays will be recorded in the future.

A motion was made and passed to accept the January minutes with these amendments.

Old Business
Comments on the PWC letter - it was well written. The intent of the request is to modify the state-wide boating regulations for the bridge issue on Deep Creek, but if the regulation change recommendation becomes one that would be specific only to DCL, that would be acceptable.

Comments about Buoys-- the Lake Manager stated to date only 13 were left to be placed in the water, and will be meeting with NRP to discuss future assistance. There was discussion that people requesting additional buoys should not be petitioning the PRB and should be referred to the proper contacts in NRP for regulation enforcement.

New Business
Discussion about the cause of the low water level in the lake this spring. A winter drought and the necessary performance of equipment upgrades and seasonal maintenance of the power generation equipment caused the extended period of low water level. For a few weeks in late winter the lake level was below the lower band. It was pointed out that the rule band is a legislated guideline and if the PRB is able to petition to change that, other groups may be able to petition for a rule band change too.

Public Comment
Comment about boat noise. A member of the public expressed concern about the apparent lack of enforcement of any regulation for boat noise and that the regulations were directed more for the bay than DCL. He added that other states have regulations and DNR should look into how those regulations are written. Captain Schuler offered 2005 statistics where officers had sampled 150 vessels and only 1 of which failed the noise standard test, and it was not the airboat. It was a 25’ Illuminator. Opinion was expressed that the 90dB rule was not an accurate test. Captain Schuler stated that the test was to be conducted 1 meter away and 4-5 feet above the water. Public stated that Sunday evening is when the loud boats cruise the lake. The Board recommended if a member of the public hears an overly loud boat, to contact NRP.

Parker Jacobs of the Aquatic Center, expressed concerns about the application of the Lake Regulation for 500 pound weight limit for anything resting on the buffer strip. This is affecting the permission for ramping of Personal Watercraft on the buffer strip. Vessels must weigh less than 500 pounds to be beached on the bufferstrip. Mr. Jacobs explained that the new PWC are 4-stoke engines and weigh more than 500 pounds, more like 700 - 800 lbs. He spoke of the carrying capacity study, and cited the study showed that PWC’s are not interfering with density on the lake. The lake manager stated that permit holders are requesting permits for multiple stands for PWCs in addition to the two powerboats permitted at their dock. She explained that DNR is now requesting applicants to submit documentation showing that the PWC weighs less than the regulated 500 pounds. The Board questioned if permit holders have PWC’s over 500 pounds, can they still use them if they are stored at the dock? The Lake Manager confirmed that fact, but reminded members that there is a 2 power boat maximum for a type A dock. The Board would like to review the intent of the 500 pound regulation. The Board was reminded that the special permit for a PWC stand is a one time charge of $70.00. The Board agreed they would like to investigate the matter further with numbers from the local marinas and lake management numbers to discuss next meeting.

The next PRB meeting will be held July 24, 2006 at 6:00 p.m. at the Discovery Center.

There was a motion to adjourn at 7:15 p.m., passed unanimously.

Minutes submitted by Roy A. Musselwhite, Jr.

January 2006

Monday, January 23, 2006 at 6:00 p.m.
Deep Creek Discovery Center

In Attendance: MPS-Carolyn Mathews, Major Chris Anderson, NRP-Captain Butch Schuler and Captain Adrian Baker, Wendell Bietzel, John Forman, Bob Browning, Barry Weinberg, Jim Kline, Ed King, Scott Johnson, Jay Kamiek

Meeting opened with comments on the minutes from the last meeting. Corrections were noted and will be made to those minutes before they are posted on the website.

Captain Schuler introduced Captain Adrian Baker. He is replacing Captain Dave Street who retired from service in the fall of 2005. Capt. Baker will coordinate the requests made by the PRB with the Boating Advisory Commission.

Old Business
Members requested that in the future, when a vote is taken on a motion, the number of yea’s and nay’s will be recorded.

A letter from the Policy and Review Board will be drafted and sent to the Brascan Power Company stating their wishes that the water level be held at a higher level in late September and through October than where the rule band presently calls for the water level to be maintained.

John Forman noted PWC traffic at the bridges is still a concern.

Bob Browning stated that a letter must be drafted to the Boat Advisory Committee (BAC) regarding speed of PWC at bridges. This issue overlapped with the tour boat request and nothing was moved forward. At the September meeting there was concern that changes requested for PWC travel on this waterway would be considered with other requests from across the state and those requests would go through BAC. The PRB told Dave Street that there was no interest in it being a statewide issue. The regulation changes requested would only apply to two bridges on DCL. What we want is a change in the regulations to apply to DCL only. To make a lane for PWC’s to go through at speed. Regulation would substitute 50 feet to 100 feet of bridge structure or abutment. The PRB efforts should be directed to the Secretary of DNR instead of boat advisory group. The Secretary could forward the request to them if he found it necessary.

Board members were asked to review the pertinent regulations, circulate letters to members to get some response by email and then send it to the secretary and copy it to Dave so everyone is up to speed. Adrian Baker stated the BAC would do a similar process.

Barry Weinberg: Made note he has been looking through the Deep Creek Lake Management Plan to find where it is stated that additional public access for the southern end of the lake is desired for DCL. He cannot find any place in the plan that reflects that thought. The recently completed county Carrying Capacity Study recommends that the county stick with the zoning plan and to keep the rural and scenic nature of the lake and keep development in the zone specifically designated. What concerned me is that if we have already gone on record as how we view development on the lake that the Zoning Office should know how we feel about it. He is concerned that information is being offered piecemeal and incompletely in applications. The Board has a particular view and we have spoken to it in the lake plan and DCL Carrying Capacity Survey. DNR is not directly involved in the zoning process so the papers (applications) submitted to DNR would not be seen by all bodies. There has been no recognition of what is in our lake plan.

Bob Browning is on the Zoning Board and is mindful of the development issues and concerns in the lake watershed.

New Business
Carolyn Mathews reported on recent work activities by the DCL Management staff. The winter patrol of the high water mark was completed in December. There were many permit sites with PWC stands left below the high water mark. Browning stated there should be an allowance for some at the dry end of covers. Further discussion ensued about the history of lowering the water level of the lake and the reasons for removing docks above the high water mark.

Board Membership and Attendance
If a board member misses 2 meetings in a 12-month period, they are no longer a member. One member has missed all four meetings in 2005. John Forman will proceed with looking for a willing new member for the board, one willing to represent the business community.

Dave Griffin representing Deep Creek Marina asked for a boat length exemption to sell boats over 26 feet in length. Request relates to a change in the manufacturing of a boat they have sold for years- boat purchase trends show strong demand for boats with a molded swim platform. The swim platform is now molded onto to the transom and makes the length of the boat 26’ and some inches. There are several other models of boats that also could be sold if the boat length regulation for Deep Creek was to be changed. The discussion focused on concerns about what this would do to the boat/wake action and the legal definition of boat length. (Boat length does not count anything bolted onto the transom.)

Agreement was reached that 26’ remains the maximum boat length plus up to a foot if there is a molded swim platform. A boat with a bolted-on swim platform cannot measure over 26’ LOA.

A motion was made and approved to make the following regulation change request:
An individual may not have a vessel on the lake over 26 feet in length except for a boat with a molded platform. Such boat may not exceed 27 feet in length.

A letter requesting a change in the Lake regulations to allow for tour boats was sent in November to the Secretary of DNR. No response has been received to date.

Board members were made aware that the whitewater community is requesting the power company make more releases of water this summer. The Brascan Power Company is presently going through the permit review process with MDE. The Board was represented at a meeting with Brascan Power representatives in the fall and maintaining the status quo was the recommendation carried from that meeting. Some Board members feel that it would be beneficial to maintain a higher water level through October each year. A motion was made and seconded to write a letter to MDE from the Board supporting the maintenance of the rule band and to request to raise the rule band level in October to promote a longer boating season.

The next meeting date was set for Monday, April 24, 2006 at 6 p.m.

Meeting adjourned at 7:40 p.m.

Minutes taken by PSA, Caroline Blizzard
(Minutes corrected on 06/12/06)

November 2005

Monday, November 14, 2005 at 6:00 p.m.
Deep Creek Lake Discovery Center

John Forman: Welcome/approved minutes from last meeting 9/12/05

Old Business
John Forman: Tour Boat regulation change letter was sent to Secretary Franks on October 2 with no reply yet. John spoke to Neal Welch and did not receive any confirmation.

Bob Browning: Letter about PWC’s traveling at speed under the bridges; Bob emailed it to John Forman, who forwarded it to Barry Weinberg.

New Business
Carolyn Mathews: Buffer Strip Application; Information distributed, explained steps towards approvals, explained that there are many applications and new staff handling them. We annually inspect 10-15 miles of buffer strip looking for tree cutting, ropes tied around trees, other violations as per COMAR. Should we update application or regulations?

Bob Browning: Most jet skis weigh more than 500 lbs these days. We should change the weight requirement. This may affect carrying capacity. Suggestions to consider: we could have 1 per 2 docks or have them numbered so we don’t have 50 jet skis all <500 lbs in one place.

Barry Weinberg: Storage sheds; do you categorize applications? We could have too many sheds.

Carolyn Mathews: Currently we do not. Sheds are desired, especially for our aging homeowners.

Bob Browning: 10x12 sheds are ok. Docks are removed each year as per the past when it was essential. But now in some places (coves) it should be ok to leave them in. Doesn’t it do more damage to remove and replace them than to just leave them? Response to Carolyn’s earlier statement; I noticed some tying to trees was allowed.

Carolyn Mathews: Blocked ropes around trees are ok...

Bob Browning: If you permit tying ropes, there should be a standard for approval. Any across the water?

Carolyn Mathews: No. Bark is rubbed off and kills the tree (girdles it) when ropes are tied around tree trunks and branches. We recommend people set 4x4 posts if they want to secure a dock with ropes. The purpose of the regulations and guidelines on changes or alterations to the buffer strip are to maintain a park-like atmosphere and a natural environment. Some existing alterations or improvements were grandfathered in- oversized patios, etc.

John Forman: Make this an agenda item; review and go from there.

Barry Weinberg: We skipped over this Old Business; when are you going to scout North Glade Cove for buoys?

Carolyn Mathews: Spring/late March

John Forman: The meeting with Brascan Power Co. . . .representatives - Barry and Scott were there, what happened?

Scott Johnson: Brascan Power Co. is happy with the regulations as they exist. Their response is summarized in this letter. (Letter was received in the mail by each board member earlier that day – few board members had a chance to read the contents.)

Carolyn Mathews: January 1, 2006 is the deadline for comments to their MDE permit renewal.

Bob Browning: The Power Co. can keep it higher if they want. We need to look closely and move rapidly. Response letter is needed from this board (after we read their letter).

John Forman: We can collectively do that, by emailing each other.

John/Carolyn: Respond to Carolyn by first week of December.

Carolyn: I will send by email for consensus vote.

Correspondence
John Forman: 3 letters of opposition to the TAD Inc. Buffer strip permit application.

Carolyn Mathews: 1 new letter today.

Comment
John Forman: Any comments on 1000 Acres?

Joe Smith/1000 Acres resident: There is a lack of specification. The lodge was not described at all. Permits haven’t been submitted until last minute. You shouldn’t hold hearings between Labor and Memorial Day because the people (residents) aren’t here to speak. We knew about the golf course well in advance. We were not well informed about the buffer strip.

The restaurant was described as a “snack service”, not a restaurant. The restaurant should be limited to golfers and only open during golfer’s hours. Permits should be withheld until everything is spelled out.

I sent a letter to Jon Nelson and received this response (read the response which mentioned the clubhouse but did not mention a vote).

With applications to DNR for major buffer strip use and adjacent property use; both sides should know what the other has planned. There needs to be a change of procedure so that both organizations know about each other’s plan.

Major projects with Jon Nelson should be out in the open before application.

Barry Weinberg: Is DNR aware of activity near the buffer strip changing the character of the cove?

Carolyn Mathews: It has been sent to HQ for review of impact and it is the responsibility of the DNR Lake Management office to issue permits for use of the buffer strip, not the responsibility of the Policy and Review Board.

Barry Weinberg: What factors are taken into consideration? Drawing the lake down in summer?

Carolyn Mathews: The water withdrawal request is separate from the buffer strip use application. Additional public access for the southern end of the lake is desired in the Deep Creek Lake Plan if an applicant meets requirements. We review applications with what we are provided and often ask for more information.

Barry Weinberg: So, you are in the process of formulating more questions?

Carolyn Mathews: Yes. Walkways, pathways-low impact; spacing, trees, how the area will be used, etc.

Scott Johnson: Public/Private differences? Having a boat ramp in a development will set a precedent for boat ramps in developments. How do we control access? What’s the maximum access daily?

Paul Durham, representative of TAD Inc.: Tad Inc’s proposal is non-traditional, non-residential, but will encourage a park-like atmosphere. The boat ramp will be private, and it’s not in a development. The application will address enforcement. To get a permit, you must meet zoning requirements. Enforcement will be at the club and DNR level. There was a 9/1 deadline for the 2006 season. We expect a tightly written DNR permit. The numbers for expected membership are not accurate; we are working on the number of members. NRPA publication used as comparison. Density will be low. These conditions already exist on the lake; it’s nothing new or adverse. The proposed level of use is soft on the land and the buffer strip. It is softer on the land than homes would have been.

Joe Smith: You can’t say there aren’t any adverse effects if you haven’t set the numbers. You don’t want us to know.

Joe Franklin: There is no restaurant on the permit.

Carolyn Mathews: No restaurant is on the buffer strip application or on the special permit application.

Joe Smith: It is in the plan.

Joe Franklin: We are not trying to deceive. It was voted on. Everyone involved in this project lives in 1000 acres. We’ve been working on this for 15 years.

Joe Smith: The restaurant isn’t on the buffer strip application because the restaurant isn’t going to be on the buffer strip. It’s in zoning, it’s separate applications. The restaurant is even pictured.

Jim Kline: (To Joe Franklin) If you have been working on this for 15 years, then you should know what’s going to be there.

Joe Franklin: Things have changed many times.

Jim Kline: Are you going to have a restaurant?

Joe: Yes.

Jim Kline: Open to the general public?

Joe Franklin: Ramp will be private. Golf club/Restaurant will be public.

Paul Durham: It is not owned by government. It is a private membership club with membership open to the public. Not a private lake/residential development. Ramp will be tightly controlled- it is a convenience ramp; you will need a reservation to put a boat in a slip.

Audience question: Boats less than 500 lbs - you could have uncontrolled numbers.

Connie Smith: You said everyone involved in the project lives in 1000 acres. You do have outside investors, don’t you?

Joe Franklin: Yes, but all will eventually live in 1000 acres.

Wendell Beitzel: If you are a member of club with no property, can you use the launch?

Durham: If you have a slip reserved. There are only 18 slips. 900 sq ft of frontage=18 slips with no day use launching.

Drew F.: There is miscommunication here. We have changed plans to create the best community. We’re trying to fit within the rules. We have 3300 sq ft, but we’re only using 900 sq ft in order to comply.

Gary Love/Deep Creek citizen: Permitted water ski slalom course has successfully operated in this area for many years, please take that into consideration.

Ernie Kessel: Is this a commercial marina?

Paul Durham: Absolutely not.

Closed the discussion about the TAD Inc. application.

Audience question: Tidal waters need to be specified with the licensing/Chesapeake Bay fishing detail. The licensing department of DNR was advised of the confusion.

Closing comments:
Wendell Beitzel: We need to keep quorum, let’s contact long time board no-shows.

Next Meeting: Monday, January 23rd at 6:00 p.m. in the Discovery Center.

September 2005

Monday, September 12, 2005 7:00 p.m.
Discovery Center at Deep Creek Lake State Park

Chairman John Forman called the meeting to order at 7:00 p.m. Board members in attendance were Barry Weinberg, Ed King, Bob Browning, John Forman, Jay Kaminek, Scott Johnson and Wendell Beitzel. Representing the Department of Natural Resources were Captain David Street (NRP), Captain William R. Schuler (NRP) and Carolyn Mathews, Acting Lake Manager (MPS)

Minutes of the June meeting were approved as written.

Business
Public meeting regarding tour boats on Deep Creek Lake was held August 20, 2005. Issues discussed at this meeting were:

Determining number of 3 tour boat operations on the lake was questioned. Mr. Browning indicated this was an arbitrary number. There are only 7-8 potential operations that could possibly be entering into this type of operation. When permit for tour boats is issued, permit must be used. Carolyn Mathews indicated special permit would be issued through Lake Management Office. Permit would be issued for a 5 year period, with review of permit on a yearly basis.

Qualifications for tour boat operators were discussed. PRB recommended that wording be included in policy indicating operator must have 100 hours experience or pass written and practical test administered by DNR before permit is issued to operate tour boat on the lake.

Amplified sound level reaching shoreline was discussed. Wording of draft was amended.

Discussion followed that current tour boat causes large wake on the lake. Carolyn Mathews indicated Nature Tours will have to reapply next year for renewal of permit. There are also other issues with this operation that need to be addressed before permit is reissued.

Tour boats must stay within existing speed regulations on the lake. Mr. Weinberg recommended we stay with current regulations, as written. If problem develops issue will be readdressed at that time. Before tour boat permits are issued for operation on Deep Creek Lake a public meeting will be held.

Barry Weinberg will draft letter to Secretary Franks requesting a regulation change to permit tour boats. He will e-mail draft to PRB members. After revisions are completed, Bob Browning made the motion to send final letter of Deep Creek Lake NRMA Proposal of Management of Tour Boats Carrying Passengers for Hire to Secretary Franks of DNR. Motion was seconded by Wendell Beitzel.

Captain Street introduced John Marple as new member of statewide Boat Act Advisory Committee.

Signage on bridges was discussed. Captain Street indicated he met with representatives from State and County Highway Departments. Both departments are willing to work with NRP, however before process can be started, project would have to be presented before Garrett County Traffic Board. Cost for signage, if completed by State Highway Department, would be approximately $10-15,000.

Scott Johnson offered to contact Fred Thayer for assistance with drafting a letter to the Boat Act Advisory Committee asking for a change specific to Deep Creek Lake for PWC's to pass under the bridge only 50 feet from a piling.

Regulations for PWC's were discussed. Regulations for PWC's have not changed since originally written. It was suggested that PWC regulations be administered statewide, not just at Deep Creek Lake. Captain Street said in order to change statewide regulations letter must be sent to Boat Act Advisory Committee for their consideration for statewide regulations. Bob Browning indicated he will ask Fred Thayer to draft letter to Boat Act Advisory Committee for their consideration of statewide regulations for PWC's.

Carolyn reported on conservation easement requests:

(1) Request for spot lights on shed - request was modified to permit a light with illumination directed to the path.
(2) A second conservation easement request was for extensive replanting of native specifies. PRB members approved of the new planting plan.

Development of boat ramp and park setting at Thousand Acres was discussed. Tentative plans are for park-like setting with picnic tables, transient docking, walking pathways, club house and a boat ramp for club members only. Dock application was just recently received and has not been reviewed or approved.

Carolyn Mathews indicated there have been two applications submitted for withdrawing water from Deep Creek Lake. Adventure Sports Complex and the golf course at Thousand Acres. Applications are submitted to MDE for their review and consideration. Barry Weinberg requested the PRB be advised of MDE's consideration regarding water appropriation.

Brascan Power will be touring Deep Creek Lake on September 26, 2005. Representatives from Brascan have requested a meeting on the same date with the Policy & Review Board at 3:00 p.m. at the Discovery Center.

Informational Items
Mr. Doug Oakley, representing homeowners in the North Glade Cove area, spoke regarding request for additional navigation buoys. Since 2003 landowners in the North Glade Cove have been requesting from DNR navigation buoys be placed in the North Glade Cove area. He indicated boats have no regard for the 100 foot wake minimum. A homeowner incurred severe personal injury to his hand this summer due to excessive wake at homeowners dock. Due to the non-response from DNR, Mr. Oakley indicated some property owners have resorted to placing illegal buoys. The H.O.A. is willing to contribute $1,000.00 toward the purchase and placement of buoys in that area.

Mrs. Carol Smith also addressed the PRB on the same subject and concurred with Mr. Oakley's statements. She stated this has become a huge safety issue with excessive speed/damage to boats and docks. Also with heavy and constant wave action, shoreline is starting to erode.

Ed King made the recommendation that DNR look into placement of navigational buoys in the North Glade Cove area. Motion was seconded by Barry Weinberg. Motion carried.

Carolyn Mathews and Captain Street of NRP will tour area to determine where buoys should be located.

Carolyn provided to the Board members a handout that grafted the boat count survey for the months of July and September 2005. Copy attached to minutes.

The issue of noisy boats on the lake was discussed. Bob Browning stated that previously decibel level was measured in a manner that violations were not able to be enforced. Captain Schuler explained that the current method of measuring decibel levels is difficult for officers. Citing offenders for loud boat noise is a difficult task no matter which method is used.

Chuck Hoffeditz thanked Carolyn for posting PRB meeting minutes on the web.

Mr. Hoffeditz indicated there is an infestation of gypsy moths in the Turkey Neck, Pergin Farm area of the lake. Areas need to be sprayed next spring when eggs hatch. The POA membership will be advised of what property owners can do prior to spring 2006.

John Forman asked if rules are still in effect that if member misses more than two meetings of PRB committee they are dismissed from the board. Carolyn Mathews will check on this rule.

Next meeting date was discussed. It was suggested meetings for winter months be held at 6:00 p.m. Bob Browning seconded the motion. Motion carried.

There being no further business to discuss the meeting was adjourned.

Next meeting is scheduled for Monday, November 14, 2005, 6:00 p.m. at Deep Creek Lake Discovery Center.