In April, the Federal Energy Regulatory Commission (FERC) issued its final Environmental Assessment (EA) of Appalachian’s application for relicensure of Claytor Lake and dam.  (Their current license is due to expire June 30.)  You can view all 200+ pages of the EA by going to http://www.claytorhydro.com/ and clicking on “Notice of Availability of Environmental Assessment for the Claytor Project. <http://www.claytorhydro.com/documents/EA%2004082011.doc> ”  Appendix D at the end of the EA contains FERC’s responses to comments made to the draft EA issued in August 2010.

During the relicensing process, FOCL has requested changes to various license provisions in order to provide for what FOCL believes would be more balanced and equitable management plans.  FOCL supports Appalachian’s relicense of Claytor, but because specific issues remain (summarized below), FOCL has filed to intervene in Appalachian’s application.  If granted intervener status, FOCL will be able to continue working for the resolution of these issues, even after the license is issued.

Drawdown is one of the issues that has been of concern.   Appalachian proposed to discontinue drawdown for shoreline maintenance activities. Following the public hearing last October, the State Water Control Board voted to allow drawdowns according to Appalachian’s federal license. Within the currently proposed federal license, FERC is requiring that if Appalachian wishes to conduct a maintenance drawdown, they would submit a drawdown plan to FERC three months in advance for approval; landowners would be notified 45 days prior to the drawdown in order to prepare for it. Discussions have started about having a drawdown, but there are issues to be worked out.  FOCL’s concern with the proposed license is that there is no assurance of future drawdowns and that 45 days is not sufficient time for people to prepare for drawdown activities.

Other issues that FOCL is concerned about in the proposed license (especially the Shoreline Management Plan) are as follows:

•Permitting & Variances:  Appalachian proposes to be responsible for all permits & variances within the project boundary, rather than the County. 
•Non-conveyance of Permits with Property Transfers:  require buyers of property with existing structures to get new permits for those structures. 
•Dock Size & Slip Limits: limit dock size to a 1000 sf  footprint with a maximum of 2 slips.
•Personal Watercraft: include the storage of personal watercraft within the dock footprint and consider floats & slips designed for PWC’s as slips
•Steep Slope: limit dock structures in steep slope (2:1 or greater) areas to 500 sf. to attempt to control disturbance of lands above the project  boundary
•Storage:  limit enclosed, on-dock storage to 48 sf. (which must be within the allowed dock footprint). 
•Height Restriction: restrict the height of dock structures to “16 ft above the base elevation of 1846 above mean sea level.”
•Boat Covers: prohibit the use of “boat covers attached to a dock with a roof.” 
•Shoreline Classifications:  classify all areas of the shoreline according to specific criteria, and apply regulations according to classifications. Classifications include High and Low Density, Public Use, Impact Minimization, Conservation/Environmental, and Steep Slope.  Development would be regulated/prohibited according to classifications. 
•Erosion Control/Shoreline Stabilization: regulate, restrict and/or prohibit according to classifications and regulations, including for vegetation replacement, fallen trees and habitat mitigation.
•Aids to Navigation Plan:  install lateral markers along the length of the Lake & in Peak Creek & Dublin Hollow.  Consultation with property owners needs to be included.
•Erosion Monitoring Plan:  monitor specific areas for erosion, and conduct demonstration project.  Erosion rate is related to boat waves and water level; FOCL requests greater accountability by Appalachian.
•Sedimentation Monitoring Plan:  monitor specific areas for sedimentation.  Greater flexibility in monitoring other sites is requested.
•Recreation Plan:  Convert Appalachian Picnic Area to public boat launch.  Traffic safety survey needs to be conducted first.

FOCL feels that more time, public input and review are needed to resolve these issues that will significantly impact human and natural resources in and around Claytor Lake.

--Laura Bullard, Secretary, Friends of Claytor Lake