Lake Lure and the Town of Lake

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1 Lake Safety Boating Safety at Lake Lure Barbara Wiggins, Ken Wagner and Clint Calhoun Lake Lure Lake Management and Boating Regulations to Protect Community Enjoyment of the Lake Safety Issues at Lake Lure Lake Lure and the Town of Lake Lure are located 25 miles southeast of Asheville, NC, at the foot of the mountains of western North Carolina. The Town of Lake Lure and the Lake Lure Lake Advisory Board (LAB) have worked for years to protect and manage the reservoir, which was built in Lake Lure covers 720 acres with several major arms and numerous smaller coves (Figure 1). The dam controls outflow and generates electricity. Full pool elevation is maintained in Lake Lure as much as possible. Water quality in the Rocky Figure 1. Aerial photograph of Lake Lure. Photo by Ken Wagner. Broad River, other tributaries, and in Lake Lure is not ideal, but supports the intended uses of the lake. Recreational facilities on the lake consist of a Town Beach complex, with swimming area, park and boat launch, as well as an accompanying marina. Most land around the lake is privately held. The majority of boating activity comes from shorefront residences. Many lakefront homes have multiple boats and there are over 300 boat slips associated with private developments that abut the lake. Boat permits must be purchased and are required for all users of the lake, both resident and non-resident alike. The Town and the LAB periodically survey residents to get feedback on regulations, protection of the lake, and use of the lake. A boat permit system has been in place since the early 1990s, but has evolved to address issues of fairness and limited resource availability over time. Lake Lure developed its own Lake Impact Estimating Model in order to help the Town issue the appropriate number of commercial permits. This model was incorporated into a database program that allows Town staff to track and issue permits without exceeding the use capacity for commercial boating use. Over time, the commercial permitting system has been observed to be working in managing the levels of motorized boating from potentially large groups. The Estimating Model could be used to estimate the private, non-commercial use, but was not utilized in limiting permits due to concerns about limiting individuals perceived access to the lake. Still, overall boat density on hot summer days was perceived as a rising threat and was not implicitly controlled by the permit system. Town liability for boating accidents was a very real concern. Boating Use and Community Survey In 2005 the Town moved forward on getting community input on perceived or actual safety issues on the lake as part of its ten-year annual planning process and developed a Boating Management Plan to further address safety needs and concerns. The boating survey was sent out to 2,100 residential parcels in the Town and 844, or 40 percent, were returned a very high rate of return. The results from the survey were used to prioritize the activities the community wanted on the lake and to compare resident s impressions and actual 24 Summer 2012 / LAKELINE

2 experiences on the lake with the number of permits/regulations on controlling the number and type of boats on the lake. Motorized pleasure cruising is the favorite activity of the community overall (Figure 2). Towing people, usually on skis or tubes, is a distant second, and none of the other boat uses are practiced by even half the respondents, although interest in fishing and paddling are substantial. Increased safety is a priority for just over half the respondents, showing that lake users are thinking of the future. The desire for increased safety is shared by owners of all boat types on the lake; this is not a simple case of paddlers wanting more control on motorboats. The results of the survey were then validated by a boating use survey of actual boating density and uses in the summer of 2005 (Figure 3). Weekdays, weekends and a holiday weekend were surveyed and all boating uses counted during two-hour survey periods. The use pattern of boats is not even, however, and peak use of motorboats >10 hp does exceed the carrying capacity at times, based on a range of 10 to 20 acres per boat for maintenance of safety and user enjoyment (Figure 4). Having <10 acres/boat >10 hp is rare. Having <10 acres/boat for all boat types combined is more common, however. Having <20 acres per boat >10 hp is common on nice weather summer weekend days (and holidays) between the hours of 11:00 a.m. and 5:00 p.m., and occurs sometimes between the hours of 5:00 p.m. and 9:00 p.m. The different arms of the lake also experience different levels of usage. Many motorboats >10 hp are used for Figure 2. Boating use survey results. Figure 3. Pattern of use of motorboats >10 hp on three summer weekend days with nice weather. Safety and enjoyment thresholds of 20 acres per boat (yellow) and 10 acres per boat (red) are shown for comparison. Summer 2012 / LAKELINE 25

3 Figure 4. Boat density and use patterns vary throughout the day. drifting or low speed cruising, especially during peak use periods. Consequently, while carrying capacity is exceeded by the actual number of boats on the water, it is much less commonly exceeded by boats engaged in high-speed activities upon which the carrying capacity estimate is based. There may be a self-regulating mechanism in place that provides a margin of safety during peak use periods. Many people cannot get to the lake on a daily or even weekly basis, so the number of permits that can be issued is obviously much greater than the instantaneous carrying capacity of the lake. One other large factor in the ability to issue many more permits than the lake can support at one time is the tendency of shorefront residents to have more than one boat. However, except where multiple people from a dwelling go out on the lake at once in separate boats, only one boat is used at a time. It seems likely that this cuts the actual portion of permits likely to be used at any one time about in half, a supposition generally supported by the questionnaire data. Despite factors that limit actual use of permitted boats, the permit system does not control when permit holders can use the lake. Peaks in use can occur that exceed the carrying capacity of the lake for boats, especially larger motorboats. Safety was believed to have been compromised more often in 2001, the year of maximum permit issuance. Therefore, the limit for permits as a control device for average boating density was capped at just slightly higher than the annual average in 2005, or somewhere between 1,000 and 1,100 permits. Boating Use Management Options The Boating Management Plan presented options to the Town and the LAB for consideration and presentation to the community. Management options were divided into four major categories (Access Control, Time Zoning, Space Zoning, and Training and Behavioral Modification), plus an enforcement category that applies to all of the others. Access Control through permits for commercial uses had been in place since the 1990s, with a commercial permitting system that allocated permits based on available boating hours determined by the Town s permit model. Access Control for residential use had not been attempted and was not a preferred method by the community in the past. Access limits through parking limits, rental boats and maximum boats per slip had been in place previously. A check-in/check-out system could also control access but was not a preferred option for the Lake Lure community. Time zoning options included quiet times and time slots for uses; Lake Lure already has a no-wake time from 7:00 p.m. until 7:00 a.m. October through April, and from 9:00 p.m. until 7:00 a.m. from May through September. Some uses are already banned, including PWC and boats > 20 long. Other options including restricting uses to certain times or banning other uses, but these were not acceptable to the community, largely as a consequence of a spirit of openness that was important to the community. Space zoning already occurs to some extent with a 75 no-wake zone along all shorelines and in most smaller coves <200 in width (Figure 5). There is also an exclusion of boats from swimming areas and around the dam itself at Lake Lure. Most other space zoning options would be too limiting or exclusionary for Lake Lure due to its narrow arms. One interesting approach that is largely an extension of the selfregulation observed for more experienced boaters is a no-wake rule within some distance of any other vessel, motorized or non-motorized. Using 75 as an example, since this is a typical tow rope length and easily envisioned by many boaters, no wake would be allowed when two vessels were closer than 75. This creates a density-dependent mechanism whereby as the lake becomes more crowded, boats need to slow down and spread out, and some activities may be curtailed if density becomes too high. Enforcement is the primary problem with this approach, but then enforcement is the problem with almost any boating regulation. Training and behavior modification were generally supported and considered a necessity for rental properties as renters could have little or no training in boating safety. The community was more accepting of a required course/licensing than the voluntary methods that had been in place and were generally observed not to work. Speed limits were an option but were not highly rated due to enforcement concerns and also due to the selfregulating mechanisms that were already observed. Direction of motorized traffic was also an option and was generally applied by experienced boat operators but not by casual operators or visitors to the 26 Summer 2012 / LAKELINE

4 Figure 5. Time and space zoning help accommodate the use of non-motorized watercraft. lake. Other requirements and regulations (no wake, speed, alcohol consumption, life jackets, etc.) were in place and were being enforced irregularly by the NC Wildlife Resource Commission staff and the Lake Lure Police Department on a complaint- based basis. All of the options required regulations and enforcement by the Town. As a result of this study and survey results, several goals were set for the future for managing the lake. Initially, the Town set a moratorium on the number of permits issued to residents to between 1,000 and 1,100 until enforcement and other management was in place. The Town developed a lake manager position to assume the duties and oversight of all the work that had previously been done by volunteers, LAB, and police staff on an ad hoc basis. The new lake operations director is now in charge of enforcing regulations, proposing new regulations, managing appropriate levels of staff, overseeing the permitting system, managing the marina rental, contracting for sediment removal, and the dam operation and electric sales. The staff would be a police officer with all required training and certification (Figure 6). The new Lake Operations Department has added employees in order to address the expanding workload and regulations enforcement. An environmental management officer has been added to the full-time staff and seasonal employees are hired on an as needed basis. The Town has invested in facilities and equipment required by these positions. A new office and dock have been constructed near the dam, allowing quick access to the lake and visible presence to the boating community. The Town required a Town Boating Safety course (available online) and certification for all operators on the lake. All of these elements, plus future management options and issues were incorporated into the Town of Lake Lure Comprehensive Plan in 2006 for future implementation. It was hoped that many of the more stringent management techniques would not be needed after these initial steps were taken, but they were included in the comprehensive plan for reference and monitoring of any decreased safety on the lake. Lessons Learned The Lake Lure community is very progressive with regard to management of people on the lake; the need for safety is taken seriously, as is the right of everyone to enjoy the lake, but the potential conflicts are recognized. It is clear that lake management is really more about people management; our ability to change the lake to suit human needs is limited. A few recommendations arising out of the experience at Lake Lure can be offered: 1. Collect real data; having reliable numbers for boat types, density, use patterns, accidents and related features of boating on the lake is essential. The general impression of Figure 6. The Lakes Operations Department has grown to provide safer conditions for all boating types. Summer 2012 / LAKELINE 27

5 those using the lake is helpful, but may not be consistent or completely factual. 2. Involve all stakeholders; even if perception is not reality, it is a potent force in local politics and any change in regulations needs public support to work. Give everyone a stake in determining how boating issues will be resolved. Provide an inclusive, fair, but definitive process when making decisions; people need to be heard and treated with respect if a conflict is to be resolved. 3. Look for the win/win scenario; how can the available lake resource be divided over space and time in ways that satisfy the most people? Recognize that carrying capacity is finite, and that the Law of the Commons applies; if everyone gets to do as they please, the resource may be spoiled for everyone. All of these reports and comprehensive plans can be found on the Town of Lake Lure website at under Lake Management or under Town Regulations. Additional information can be request of the Lake Operations director at loa@townoflakelure.com. Barbara Wiggins, CLM, is the principal of Wiggins Environmental Services in Asheville, NC. She has worked for 30 years on water quality, stream and lake issues. She has been involved with NALMS and NCLMS for 25 years. Contact her at bswiggins@bellsouth.net. Ken Wagner, CLM, has been working on lake issues for over 30 years. In 2010 he started Water Resource Services, Inc., to address lake and reservoir problems. He is a past president of NALMS and is currently the editor of Lake and Reservoir Management, the peerreviewed journal of NALMS. Clint Calhoun is the environmental management officer for the Town of Lake Lure. He is a former watershed coordinator for the Upper Broad River Watershed Protection Program, working on improving the water quality of the Rocky Broad River and other streams which feed Lake Lure. You can contact him at eco@ townoflakelure.com. x 28 Summer 2012 / LAKELINE

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