One of our members has posted comments expressing his strong objections to the proposed drawdown. I had hoped to wait a few days before I responded to allow time for other members to ask questions and/or offer their comments and input. However, he has since threatened to file suit next week if I do not immediately address his comments to his satisfaction. I have provided his objections and my responses below.
1. WHO DECIDES TO DO [DRAWDOWNS] AND WHY IS THERE NEVER A VOTE BY THE LAKE COMMITTEE?
I can’t speak for past events because I wasn’t a resident at the time, but this drawdown was discussed and approved by the Lake Committee during a meeting in October 2007. All waterfront property owners were given written notice of this meeting and the drawdown was listed on the agenda.
I will also point out that our restrictive covenants clearly indicate that Plainsmen Developments, Inc. (Declarant) does not need the approval of the Foxchase Residential Association, the Lake Committee, or waterfront property owners to lower the level of the lake:
Article X, Section 19 states:
“Any purchaser of a Parcel which abuts the lake acknowledges the right of the Declarant or the Association to raise or lower the lake contour line or to alter any or all parcel or property contour or lake boundary lines for the benefit of all members, and by acceptance of his, her, or its deed, each member agrees that the conveyance by Declarant, or its successors and assigns is made subject to said rights and easements whether or not specifically stated in said deed.”
Article X, Section 25 states
“Plainsmen Developments, Inc. reserves the right to temporarily drain the lake at any time (pending 30 days written notice to lot owners) for no more than ninety (90) days if avoidable, for repairs and/or modifications to the dam or underwater properties. The lake level may also be lowered once per winter as determined by the Declarant, to allow property owners an opportunity to clean up or repair their respective beach areas.”
2. WHO SAYS [DRAWDOWNS ARE] GOOD FOR THE LAKE AND THE WILDLIFE WHO LIVE AND NEST HERE? I'VE SEEN A PRECIPITOUS DECLINE IN WILDLIFE...AND I ATTRIBUTE IT TO THE DRAWDOWNS.
When I was first asked to become Lake Committee Chairman, I agreed to do so because I thought my background and experience might be helpful to this community. I have master’s degree in wildlife science and my entire career has been focused on freshwater ecosystems (wetland ecology) and related water quality and public health issues (water contaminants and toxin-producing algae).
I certainly don’t profess to be an expert on lake management…or anything else for that matter. However I am familiar with the lake ecology and the benefits of drawdowns, which are a commonly used tool to improve lake conditions. For example, dropping the water level helps dry out and compact accumulated sediment and reduce its volume. As the sediment is exposed to air and sunlight, oxidation occurs which can reduce the amount of excessive nutrients that fuel overgrowth of submerged vegetation and algae. Coarser substrate needed for spawning beds (and now buried under organic muck in many areas) may be uncovered as the slurry is drawn down into deeper zones. Water quality improvement can be obtained through the discharge of bottom water that often contains low oxygen zones and high amounts undesirable nutrients. Drawdowns are also often employed as a cost-effective means of reducing aquatic weed problems but its effectiveness varies depending on whether or not the water level remains low long enough for the plants to become desiccated and/or be exposed to freezing temperatures.
Given our mild climate, the short duration of our drawdowns are unlikely to cause a decline in wildlife. A more likely explanation for the decline in wildlife you have observed is an increase in human activity and a loss of shoreline habitat as the subdivision expands. Wildlife is still abundant in the northern end of the lake where a significant amount of unaltered shoreline and woodlands remain. Waterbirds such as herons, egrets and kingfishers are common, and I have also seen osprey, mallards, wood ducks, flocks of Canadian geese, blue-winged teal and ring-necked ducks, hooded mergansers, ibis, and American coot. Although it would have dramatically improved our view of the lake, my husband and I did not remove our trees (the cleared area was created before we purchased the property) and we maintain a natural buffer along our shoreline. We periodically mow down the buffer during non-nesting seasons to prevent the highly aggressive native grasses from taking over everything, but normally the buffer remains in its natural state. I would encourage anyone wanting to attract more wildlife and improve the lake’s water quality to do the same.
For more information on what property owners can do to protect our lake I recommend reading an Alabama Cooperative Extension Service publication titled “Caring for Our Lakes” and the Florida Department of Environmental Protection’s “Waterfront Property Owners Guide.” The benefits of drawdowns are discussed in the second publication. I have both in pdf format and can e-mail them upon request. [Caution: these are large files with a combined total of 3 megabytes.]
3. I'D LIKE TO HEAR SOME EXPERT OPINION ON THIS AND NOT JUST ACCEPT WHAT I'M TOLD.
I certainly understand and agree. Although I feel qualified to offer the committee some educated opinions and guidance, I am not a limnologist or a fisheries biologist. This is precisely why I have sought out the advice of experts as needed. In July 2007, I consulted the District Fisheries Biologist to conduct an assessment of our fish populations and make recommendations on weed control and other issues. I presented his findings and letter to committee members at one of our meetings. I also contacted Southeastern Pond Management to get an estimate on the cost of their services. Unfortunately their fees were cost-prohibitive for our budget, but one of their lake managers kindly offered me some "free advice." Again, these suggestions were presented at one of our meetings. And last spring I had the owner of Kendrick Construction Company (who has 30 years of pond construction experience) examine our dam and spillway to get some idea of maintenance issues and costs we may face in the future. I am a firm believer in planning ahead.
4. WE HAVE ENOUGH DOCKS.
With the exception of the piers located at the boat ramp and the tennis courts, all docks on Emerald Lake are privately owned and only legally accessible by their respective property owners. Docks have a negligable effect on water quality, provide structure for fish habitat, and are reviewed by the DRB to ensure they conform with construction standards and do not impede navigation. So, aside from aesethetic reasons, I must confess that I don't understand the basis of your objection. Owning a private dock is a very desirable amenity because it provides convenient boating and fishing access and increases property values. Waterfront property owners in Foxchase purchased their lots with the understanding they were entitled to build a dock based on advertisements, restrictive covenants, and the presence of numerous existing docks. I really don't believe it would be fair or appropriate to now deny other waterfront property owners the very same rights that benefited you and so many others in this community who already have docks.
4. I HAVE NO FAITH THAT DREDGING WILL DO ALL THE GRASS CARP ANY GOOD
Article IV, Section 2 of the restrictive covenants state…
”Declarant and/or Foxchase Residential Association Inc. shall have the right to alter the shoreline of the lake as necessary to maintain the lake and water level in the best interest of a majority of members or owners, including, but not limited to, removing or adding earth from or to the shoreline parcels, or the dam, or removing or adding earth to the lake bottom under the parcels, or the lake dam….”Unnatural sediment entering Emerald Lake is an on-going problem and now threatens to choke off boating access to several waterfront properties. In addition to impeding water access, sediment accumulation has many adverse ecological implications too. Unfortunately dredging is the only way to remove the muck and restore the normal lake bottom contours. Dry dredging, when the lake is at its lowest level, is the most environmentally sound technique as it reduces the impact on fish populations and water quality by minimizing the release of suspended sediments into the water. Like other fish species, grass carp should migrate to deeper water as the water level drops. The extent of dredging activities (if any are actually conducted) will be very limited and plenty of shallow areas and foraging material will still exist to sustain the grass carp population.
