LEADER-HERALD
Gloversville, NY
January 28, 2004

Feds: Lake management OK

By OMAR AQUIJE, The Leader-Herald

MAYFIELD - After months of public scrutiny for allegedly mishandling the Great Sacandaga Lake, the Hudson River-Black River Regulating District received federal support this week that it operated without violating any rules in 2003.

The Federal Energy Regulator Commission, the government group that grants the district its operating license, stated in a letter that the district "operated in compliance with the terms and conditions of the license."

FERC is an independent agency that regulates energy groups such as natural gas, oil, electricity and hydropower.

A hydropower facility operates at the Conklingville Dam.

A review of the district came after FERC received complaints from permit-holders due to "higher than normal spring lake elevations."

But FERC ruled that the district followed operating rules under a settlement created in 2002 that determines how the reservoir is operated. The offer settlement becomes effective once a FERC license is in place. The license is good for 40 years.

"I'm very pleased to hear that the operation of the reservoir during 2003 met the terms of the license," the district's executive director, Richard H. Lefebvre, said in a news release.

However, the district remained a target of public outcry for maintaining the reservoir at high levels into the winter, causing property damage, high erosion and potential safety hazards for snowmobilers.

FERC also responded to concerns about erosion problems, stating that more than two years of review went into the development of the settlement.

The agency also said the district is required to develop a plan to monitor and handle any erosion.

Peter VanAvery, co-founder of the Batchellerville Bridge Action Committee, was one of many residents who contacted FERC.

With the district operating within regulations, VanAvery said the FERC license is the problem.

"We want to put pressure on [FERC] to amend the license, which we view as flawed," VanAvery said. "Now is not a time for finger-pointing. It's time for everyone to work together and push for changes in the license."

VanAvery said the license should be changed to give the district more flexibility in operating the reservoir.

In December, the district made a request to release more water from the Conklingville Dam, which requires approval from the numerous beneficiaries that signed the offer settlement. The district received a response about a month later.

The district's chief engineer, Robert Foltan, said that if there is enough of a concern, FERC could consider a change in the license. But he said proposals go through a "rigorous process" that may affect any change.

"It's a long process to renew a license," Foltan said.

In the meantime, water levels have decreased about 4.8 feet, or one foot every three days, since Jan. 12.

Foltan said the district has been releasing water at maximum levels under the settlement in an effort to reach its March projections.

"The reservoir continues to drop and is on course as the district has anticipated," Foltan said.

As of Tuesday, the lake level was at 764 feet. The lake is considered full at 768 feet while its historical average is 754 feet.

Baring some extreme or unforeseen weather event, the district predicts the reservoir's elevation will be 759.3 feet by Saturday, 753.2 feet on Feb. 29, and 751.7 on March 15.

"It's a shame they didn't do it earlier, before the lake froze over," VanAvery said. VanAvery is one of many other permit-holders who has seen their property damaged due to the high water levels.

Ice has caused minor damage to his dock, but he said other residents have had it worse.

In the meantime, the committee plans on developing a damage registry that may have some noticeable estimates.

"We think the figures will be substantial," VanAvery said.

DAILY GAZETTE
Schenectady, NY
January 28, 2004

Fulton/Montgomery County Edition

Great Sacandaga Lake agency touting its review
Activists contend drawing down of water has been mismanaged

By JOE MAHER Gazette Reporter

MAYFIELD — The authority overseeing Great Sacandaga Lake trumpeted a federal review Tuesday approving of its recent managing of water levels.

But one lake association representative argued that the Federal Energy Reguatory Commission's review doesn't vindicate the Hudson River Black River Regulating District's management of the lake's water levels.

Rather, said Peter Van Avery of the Batchellerville Bridge Action Committee, the review shows that the new 40-year license FERC issued in 2002 is flawed and needs to be amended.

"The year 2003 was the worst in the 73-year history of Great Sacandaga Lake," Van Avery said. "From April through June, the lake overflowed its banks, eroding shorelines and damaging docks and other structures. This outrageous situation repeated itself from November through this month."

Property owners have complained the lake has been mismanaged, with higher than normal water levels eroding the shoreline and damaging docks and floats.

District Executive Director Richard Lefebvre — who was just hired this month — was unavailable for comment but quoted in a district news release Tuesday.

"My understanding, prior to joining the district, has been that the regulating district and its chief engineer . . . operated the Great Sacandaga Lake in accordance with the offer of settlement rules and in the best interest of all stakeholders involved," Lefebvre said.

FERC has reviewed the district's management of the Great Sacandaga Lake and concluded that "the project was operated in compliance with the terms and conditions of [its] license."

The regulating district issued a press release announcing this Tuesday; FERC spokesmen didn't return phone calls seeking comment.

Hudson River Black River Chief Engineer Robert Foltan said FERC's review came in response to complaints filed by Van Avery and other organizations. "Currently, for the first time in the lake's history, docks are trapped in ice and suffering extensive damage. Property owners are facing a repair bill that will cumulatively amount to hundreds of thousands of dollars," Van Avery said.

"In reality, the license discriminates in favor of flood control and the needs of downstream hydroelectric firms," Van Avery said. "The interests of lake-area property owners come in a distant third."

FERC, according to the district, noted that the license it issued also requires the district to develop and implement a plan to address shoreline erosion. Foltan said the licensing plan establishes a process for repairing damage.

"The plan addresses the requirements under the FERC license to identify and prioritize the erosion sites," Foltan said. "It's a living document. It will continue to be reviewed and prioritized indefinitely."

Foltan said the district's erosion report should be made public before the district's next meeting, Feb. 9 at the Johnstown Moose Lodge.

The level of the lake, meanwhile, continues to drop. It was drawn down nearly 5 feet since the district's Jan. 12 meeting, Foltan said.

The lake level stood at 763.73 feet above sea level Tuesday morning. It's still more than 13 feet above the historic average for Tuesday's date, 750.51 feet.

The fact that the lake is being drawn down during the winter has public officials and snowmobile enthusiasts concerned.

President Jeff Gray of the Sacandaga Snowmachine Club said Tuesday that more cracks and pressure ridges than in past years are present on the lake surface, apparently the result of the unusual winter drawdown.

Also, riders should watch for objects stuck in the ice, he said.

"There's a lot of floating debris, docks, rafts that people couldn't get," Gray said. "Some of the local snowmobilers tag them, try to put fluorescent cones and other things to spot them."