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
July 2007
Date: July 23, 2007 1) Call to Order by John Forman
2) Approval of minutes
3) Correspondence Received
4) Old Business
5) New Business 6) Next meeting date - October 29, 2007, 6 PM, Deep Creek Lake State Park Discovery Center
7) Motion to adjourn – unanimously approved 8) Attendees were again adjourned 1935 hrs (7:35 p.m.)
April 2007
Date: April 30, 2007
1) Call to Order and approval of minutes 2) Old Business - None
3) New Business
(4) Public Comments (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.)
Old Business
Approval of October 2006 Minutes
New Business
Introduction of audience members
Update on Maryland Department of Environment (MDE) review of Brookfield Power request for valve repairs – fall 2007
New Administration /New Appointments
Public Comment
Next meeting date and agenda
Motion to adjourn.
Minutes taken and compiled by Julie Allbrooks, Assistant Lake Manager
October 2006
Date: October 30, 2006 Time: 1800 hrs (6:00 p.m.)
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
100 Foot Minimum Wake Buoys
New Business
Personal Watercraft and Bridges
Power Vessels at Docks
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 Being that the Lake Manager had previously agreed to review the Smith’s application again, the motion was withdrawn.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
Public Comment
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.)
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
New Business
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.
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
Public Comment
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.
Meeting Minutes
A motion was made and passed to accept the January minutes with these amendments.
Old Business
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
Public Comment
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.
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
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
Board Membership and Attendance
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:
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
November 2005
Monday, November 14, 2005 at 6:00 p.m.
John Forman: Welcome/approved minutes from last meeting 9/12/05
Old Business
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
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
Carolyn Mathews: 1 new letter today.
Comment
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:
Next Meeting: Monday, January 23rd at 6:00 p.m. in the Discovery Center.
September 2005
Monday, September 12, 2005 7:00 p.m.
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
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.
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
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.
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