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Don't Forget Your 2010 Dues!
It's easy online! Read all about it at the end of this newsletter!
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Message From the President
Dear POA Members:
The Board of Directors of the POA has been looking at all the various issues that are before us as property owners at Deep Creek Lake. These are Lake Water Levels, Water Quality, Boat Noise, PWC's and last, but not least, the three principal Land Ordinance Revisions. All of these will be discussed in this issue of the Dispatch.
We have accomplished an improvement in our communication with you, the members of the POA, with our electronic mail format which includes our capability to send alerts to you on hot topics. We plan to maintain the print version of the Dispatch at least through the Spring Issue. Subsequent newsletters will be limited to the "e-format" only and they will be emailed to you. Our Website:www.deepcreeklakepoa.com provides the ability for you to keep us informed of any changes that occur to your membership information.
Please make note of the new date for the public hearing concerning the proposed revisions to the Land Ordinances which is scheduled for March 6th, 2010, at 10AM in the auditorium at Garrett College. If that date is cancelled due to inclement weather, the alternate date is March 11, 2010, at 7PM.
The weather that we have experienced so far this year has been much more intense than we have seen in recent years. The skiing has been great, but on several occasions the snow has been so deep the snowmobiles have had a hard time getting around.
Rest assured that the Board continues to work hard in addressing issues that affect all members of the POA. I have sincerely appreciated your comments and always try to respond quickly to all. If there is anything I can help you with, please do not hesitate to contact me.
Lou Battistella, President
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POA Supports Land Ordinance Revisions
The POA will issue a statement supporting the Land Ordinance Revisions at the open meeting to be held by the Planning Commission. This meeting has been rescheduled for March 6th, 2010, at 10:00 AM in the auditorium at Garrett College in McHenry, MD. These revisions pertain to the Deep Creek Watershed, the Sensitive Areas of Garrett County, and the Subdivision Ordinances that need to be compatible with the Garrett County Comprehensive Plan. The Board of Directors of the Property Owners' Association of Deep Creek Lake has carefully considered these revised Ordinances from the original draft presented in October 2009. The Board feels that, although not every single concern of all persons has been addressed satisfactorily, on balance, they believe that the proposed revisions improve on the original draft. They will recommend that the Planning Commission forward the revisions to the County Commissioners for approval. The revisions are all available on the County's web site at www.garrettcounty.org. Please click on Revisions to Ordinances. Public comments will be taken at the meeting and the public record will remain open for a period of time.
In an attempt to help you understand why these revisions were made, the following is a brief summary: -
MD state law requires that County
Ordinances (Deep Creek Lake Watershed Zoning Ordinance, Garrett County Subdivision
Ordinance, and Sensitive Areas Ordinance) be revised to be compatible with the requirements
of the Garrett County Comprehensive Plan as well as the requirements and eight "Visions"
set forth in Article 66B of the Annotated Code of Maryland.
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MD State law requires that the
Comprehensive Plan be updated at specific intervals. A new Comprehensive Plan was approved by
Garrett County in 2008.
The "Smart Growth Law" adopted by
the Maryland Legislature requires that new growth plans and ordinances concentrate
development in suitable areas known as Priority Funding Areas (PFA). To obtain
State funding or financing assistance for public infrastructure improvements,
projects must be located within a PFA. This has been a problem for Garrett
given the majority of recent development has been in the lake watershed and is
of the Vacation Resort nature. This type of development is not compatible with
the 3.5 dwelling units per acre required by the PFA. The Planning Commission
and an ad hoc committee have worked to soften the impact of the PFA
requirements; however, some accommodation of these requirements is not
presently escapable.
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The Visions identified in State
Law also require that in rural areas Plans and Ordinances should direct growth
to existing population centers and that resource areas be protected. Major
implications from the incorporation of these requirements include:
- Changes to the Zoning districts
and Maps to limit the MAXIMUM possible growth within the county to be
supportable by the existing and feasible improved infrastructure such as sewer
service, utilities, roads and other means of transportation. These changes also
included changes to retain the rural character and conserves natural resources
by the County by limiting residential development to a relatively low average
density.
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Incorporation of a Scenic
Protection Overlay District to preserve the scenic views of the ridge tops and
crest lines surrounding Deep Creek Lake: Note: the early requirements of these
protections were reduced due to strong resistance of affected property owners,
developers, real estate establishments and the recognition that a simpler and
less expansive approach was needed.
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Setbacks are required for
implementation of wind turbines and natural gas exploration in the Lake
Watershed (an action in the State Assembly is pending to further control the
setback requirements for wind turbines outside the Watershed).
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Provisions to retain trees and
other vegetative cover for new subdivisions abutting Scenic Byways.
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Incentives to promote cluster
development in Agricultural Resource and Rural Resource areas as the preferred
option have been established. These policies are intended to preserve rural
character and conserve natural resources by preserving a minimum of 50% of a
site in preserved open space.
In addition to supporting these revisions, the POA is adding
to the position statement the long expressed belief that Garrett County, by not
extending any land use controls outside of municipalities or the Deep Creek
Watershed, is exposing itself to serious potential harm to both full-time and
part-time residents of the county. The absence of countywide zoning has left
the county essentially powerless to take any action to impose reasonable
controls on the development of uses, such as wind turbines, in stark contrast
to all the other counties of Maryland. The POA is urging both the Planning
Commission and the County Commissioners to proceed toward the development of
minimal land use controls for the entire county.
Due to space limitations, additional information pertaining
to the Ordinance Revisions are not included in this Dispatch letter. The POA
would refer you to the article in The Republican Newspaper, both on January 21st
and January 28th announcing the February 6th (now March 6th)
public meeting. It is an excellent summary of the issues that are at stake. Our
thanks to Troy Ellington and Lou Battistella for this information.
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Policy and Review Board
Meeting
The January 25, 2010, meeting of the Deep Creek Policy and
Review Board was crowded when two representatives of the Brookfield Power
Company, which owns and operates the dam, explained that the September, 2009,
lake levels were low, although within the rule bands, because there was less
rain than usual. They went on to explain that the permit under which the
company operates requires specific water releases for whitewater activities,
maintaining the flow of the Yough, and maintaining the water temperature for
fish. Audience members who asked whether the company would avoid a similar
lowering of the lake in September of this year were told that the company's
hands are tied because of their permit requirements, which are in effect for
the remainder of the 12-year permit (last renewed in 2007). They said we should
all hope for rain. The Policy and Review Board appointed a committee to work
with Brookfield in hopes of finding some way of dealing with what appears to be
an intractable problem.
Bob Lunsford, Boating Services, Maryland Department of
Natural Resources, announced that the boat noise legislation (S.B. 70) is on
track in the Maryland General Assembly. The draft legislation requires that
engines manufactured after January 1, 1993, must have (and have constantly
operating) a muffler. Persons may not operate a boat manufactured after January
1, 1993, that is equipped with "an alternative muffler or a functioning device
that bypasses, reduces, or eliminates the effectiveness of a muffler or engine
noise suppression device or system." The penalty for the first offence is
$500.00. For the second offense it is $1000.00 or imprisonment or both.
The proposed amendments to the lake regulations to expand
the number of power boats allowed at docks from two to three, if one is a PWC,
have cleared all the necessary procedural hurdles and are ready for final
publication. But publication is being held up because 1.) The Superintendent of
the Park Service is now reviewing the matter because of the volume of comments
that were received, and 2.) There is routine moratorium on work on regulations
while the Legislature is in session. Carolyn Mathews, Lake Manager, DNR, said
that the Superintendent is exercising her prerogative to review a change in
regulations at any time before final publication. Final publication in the
Maryland Register will likely occur in April if the Superintendent is satisfied
with the proposed amendments. See Carolyn Mathews' comments on this issue in
the next article.
Please Note: Commercial permitted slips are not to be
reserved for a particular homeowner's association. They are rented on a
first-come, first- served basis. Therefore it is illegal to reserve slips that
exist under a commercial permit. This article was written by POA and Policy and
Review Board member Barry Wineberg.
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Notes from DNR
Carolyn Mathews, Manager, Deep Creek Lake Natural Resources,
has provided the following information on current issues concerning Deep Creek
Lake. The water sampling team was out in January for its last sampling of the
season. They took samples through the ice, which is something that has never
been done before. It may prove to produce some interesting information. The
final report for the FY 2009 sampling has not been completed yet as they wanted
some ice condition samples. There will be more on this in the spring issue of
the Dispatch. The samplings are a part of the Water Quality Study. A power
point presentation was made to the POA General meeting last August on this
topic in which future goals such as getting mainstream samples through ice
cover were presented. Other future goals and activities are online access via a
Web page, evaluation of the monitoring results and developing a 2010 water
monitoring strategy focused on management needs. This may include focused
monitoring efforts, continuous monitoring, additional tributary stream gages,
aquatic plant survey and a citizen LakeWatch.
This year the DNR will be more lenient concerning the timing
of putting docks in. If the permit is paid and the water is open, docks may be
put in the water. The permits are mailed in February and must be paid by March
31st. On the back of the cover letter to the annual buffer strip use
permit is an excellent article on the Stewardship of Deep Creek Lake. Space
limitations dictate that this information cannot be reprinted in full. However,
please remember if you or a previous owner purchased the "buy Down" when it was
offered, a Deed of Conservation Easement protects that land from development,
and among other things, prohibits any removal or damage to trees and shrubs.
You must also receive written permission to make any changes to that land.
It has been twenty
years since a regulation change was proposed for the use of the land and waters
of Deep Creek Lake. Some language changes relating to ownership of the lake
were made in 2000 when the State of Maryland purchased the lake. However, no
changes were made at the time to the sections of regulations that affect the
adjacent property owners' use of the buffer strip or the boats at the docks.
However, in conversations with property owners around the lake, one could be
led to believe that regulation changes occur yearly as there is so much
confusion about them. There is no doubt about it-the regulations are
complicated for anyone to read, to follow, to patch together the different
parts that make the whole, and hearsay is the most often used method of
communicating the Deep Creek Lake regulations. So, go to the regulations. They
are available on line at www.dnr.state.md.us/publiclands/dcregs.html
for anyone to review anytime and a Ranger is a phone call away at 301-387-4111
for clarification or information. The lake management email address is lakemanagement@dnr.state.md.us.
We will also make copies of the regulations and mail them to anyone who doesn't
have access to the internet.
The proposed regulation changes that would affect the number
of power vessels permitted at the docks have been in the works for over two
years. The concept and drafting of them involved much discussion between the
DCL Policy and Review Board members and the Lake Management office. The formal
drafting of the regulations proved to be a difficult process, one that took
many hours of time and repeated efforts. Many, many more hours were spent in
the second phase of this process, explaining the proposals to staff, to DNR
leadership, to businesses, to NRP officers and to property owners and permit
holders. The public comment period was open in October and November of 2009. A
number of people took the time to write their thoughts and concerns, not only
about the proposal, but also about other things that concerned them on the
lake-speed, congestion, noise and confusion. Others wrote-looks good to me, or
I like it, when will it happen, or good job-keep up the good work. The
Superintendent of the Maryland Park Service, the unit of public lands that
manages the lake, took the time to read each one of the comments and she and I
had lengthy phone calls to discuss the topics that were brought to our
attention in those comments. The General Assembly is in session and there is
always a moratorium on regulation movement during this time. So the proposed
changes to the Deep Creek regulations are waiting for an issue date and an
announced effective date. I expect that to happen sometime in March. If nothing
stops the process, the Lake Management office will begin to take buffer strip
use permit applications for personal watercraft to be permitted at docks this
summer. Please wait for an announcement before submitting an application.
Buffer strip use applications are available on line at www.dnr.state.md.us/publiclands/dcregs.html.
No Didymo in Deep Creek Lake
In December 2009, the Maryland Department of Natural
Resources announced that Didymo, an invasive, non-native algae, had been found
in the Savage River below the Savage River Reservoir. This could impact native
brook trout populations and could possibly spread. Carolyn Mathews of the DNR
has assured the POA that Didymo has not been found anywhere in Deep Creek Lake
and may not appear there. Its habitat requirements are swiftly flowing water
and a rocky bottom habitat, not a deep-water lake environment. However, she
stressed that it is important for anyone fishing in various areas to clean and
dry their lines, boots, and tackle thoroughly. The same thing goes for boaters
who use boats on multiple bodies of water. They should remove weeds from
trailers and props before leaving the area. They should also clean and dry out
the live well and clean and dry any equipment that has had contact with the
body of water. Bottom line: we do not want Didymo in the lake and should do our
best not to bring it or any other invasive species here.
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Forestry & Natural Resources Career Conference (NRCC)
During the week of July 25 through 31, 2010, the Garrett
County Forestry Board, along with other Forestry Boards across Maryland will
hold a week-long careers conference for high school students on Forestry and
Natural Resources. Our Board would like to encourage the members of the Deep
Creek POA to consider having interested high school students apply for this
week-long conference and we will also offer financial assistance. The NRCC is
presented by the Maryland Association of Forest Conservancy District Boards and
the Maryland Forestry Boards Foundation, in partnership with Allegany College
of Maryland and the Maryland Department of Natural Resources, Forest Service.
The conference is held at the Hickory Environmental Education Center in Garrett
County. At NRCC, we teach high school students about sustainable natural
resource management, using our forests and the facilities at Hickory as our
classroom. With the pressures facing today's working forests, educating good
land stewards has never been more important. For details on the conference
including an application form as well as viewing a video of some of the student
activities, please visit http://www.gcforest.sailorsite.net/.
Our thanks to Chuck Hoffeditz of the Garrett County Forest Conservancy District
Board for providing this article.
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2010 Garrett County United Way Campaign
The local United Way Campaign is underway and the
contribution materials and information are enclosed with this newsletter. The
POA Board of Directors has endorsed this charity and encourages POA members to
contribute. To obtain United Way funds, an agency must provide data showing
specific benefit to Garrett County residents. The supported agencies and their
program descriptions are listed in the enclosed information. Please fill out
the enclosed form and send it and your contribution in the envelope
provided.
COMMUNITY NOTEBOARD
A complete listing of the summer 2010 Cultural Events in
Garrett County will appear in the spring 2010 Dispatch. Before that issue comes
out, the Garrett Lakes Arts Festival (GLAF) will be presenting the Yu Wei Dance
Collection on Saturday, April 24th, 2010, at 7:30 PM in the
auditorium at Garrett College in McHenry, MD. On Friday, May 21st,
2010, at 7:30 PM, GLAF will present The West Virginians in the auditorium at
Garrett College in McHenry, MD. 2010 Season Subscriptions are available at a
10% discount until February 28th, 2010. This entitles you to one
ticket to each ticketed event. Call 301-387-3082 or go to www.artsandentertainment.org
for tickets and information.
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2010 Meeting Schedule
Board Meetings: Uno's: 8:30 AM:
April 10, 2010, June 12, 2010, August 7, 2010, November 6, 2010
General Meetings:
Garrett Cinemas: June 26, 2010, August
21, 2010,
Coffee Social: 8:00 AM Meeting: 8:30 AM
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POA Board
http://www.deepcreeklakepoa.com/board.html
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Don't Forget Your 2010 Membership Dues... ...or this may be your last e-newsletter! |
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If you would like to continue your membership to the POA or become a new member, please visit the POA web site at www.deepcreeklakepoa.com and click on Member Login for a
membership sheet that can be printed out and returned with your dues to the
address listed. Also, on the front/home page of the web site is a section that
invites the reader to sign up for the electronic newsletter or update their
addresses. If a reader tries to add an address that is already on the mailing
list a notification is flashed on the screen advising this. Please do update
your addresses and/or email addresses on our website. It is easy!
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