Answers to Comments

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.

Welcome Foxchase on Emerald Lake Neighbors!

Sadly I lack the skills to develop a cool website, but thanks to my husband's suggestion, we now have a blog! This site is a simple way to quickly notify Lake Committee members about meetings, drawdowns, and other Emerald Lake issues. Best of all, members can ask questions or provide feedback by posting comments. With the price of printing materials and postage steadily rising, I hope to use e-mail and this blog site to reduce or eliminate "mailout" notices and keep such costs at a minimum.

To post a comment simply click on the "Comments" link at the bottom of each blog entry. One important note: you will probably need to have a Google account. Creating an account is easy to do and free of charge - all you need is an existing e-mail address. You can even set up your account to only display your user name (which is something you create) so you can maintain your anonymity and feel free to speak your mind. Because this site is not password protected and therefore open to public view to all Internet users, I caution against posting any personal phone numbers or e-mail addresses in your comments.....unless you really enjoy getting spam messages and telemarketing calls.

I hope you find this site useful and I welcome your comments.

Sincerely,

Sharon Ketchen
Lake Committee Chairman

Emerald Lake Drawdown 30-day Notice

Fortunately our area has recovered from the severe drought conditions that compelled me to cancel the planned drawdown for last Fall which was intended to facilitate construction of new docks and repairs to existing structures. I'm pleased to report we are on schedule to drawdown the lake this year starting in the middle of October. You may want to relocate moored vessels soon because the water level will drop rapidly once the drawdown begins.

Please remember to allow time for Foxchase Design Review Board review and approval which is required before building any new structures, including docks. Contact Jim Vallery for further details on what information the DRB needs to process your request. [Note: I did not include his personal phone number and e-mail address here due to the unprotected format of this blog site.]

Also be advised individual property owners are responsible for obtaining any local, state and/or federal permits that may be required for shoreline modifications, such as dredging out sediment. Regulatory requirements and permit application fees are project specific and authorizations can take a significant amount of time to obtain. If you are considering doing any shoreline modification, here is a list of agency contacts to help get you started:

City of Opelika Engineering Department
Walter Dorsey, City Engineer
E-mail: wdorsey@ci.opelika.al.us
(334) 705-5450

Alabama Department of Environmental Management/Water Division
H2omail@adem.state.al.us
(334) 271-7823

U.S. Army Corps of Engineers
Mobile District Regulatory Division
dll-cesam-rd-web@sam.usace.army.mil
(251) 690-2658

Sadly I cannot predict how long the drawdown procedure will take to complete. The lake level will drop until it reaches the elevation of the intake, at which point suction will be lost and the lake will begin to refill. The rate at which the water level drops and returns to normal will depend on the amount of precipitation we receive. I ask for your patience during this process. Although the drawdown will adversely affect water access and the overall aesthetics of the lake, it should only be a temporary inconvenience. Please also keep in mind that in addition to allowing residents to build/repair docks, the drawdown has ecological benefits to the lake too.

Thank you,

Sharon