Residents Can Still Comment On Shoreline Management Plan

By Kendra Bobowick

Residents lucky enough to step out the back door and stand with their heels in the sand and toes in the water have arrived at what had turned into a fault line running the length of the Housatonic River basin during 2007.

In short, a proposed Shoreline Management Plan (SMP) had residents uneasy during the days before summer arrived. By July they were upset, and in August they were fighting a federal decision to approve plans that included fees.

No one has had to pay anything yet.

By Thanksgiving the federal commission that had accepted the shoreline plan rescinded its earlier approval, knocking the SMP back to pending status in November. Residents enjoyed a little room to breathe. “This ends a year of us fighting with them,” said Sandy Hook resident Dan O’Donnell. The year is not over, however, and the SMP showed up one more time this month.

Under the provisions of the approval process, a comment period is open through January 17, 2008, as indicated following a September 24 meeting regarding the shoreline plan. “This establishes a period for the public,” said spokesperson Celeste Miller with the Federal Energy Regulatory Commission (FERC), which requires the plan. Earlier in December FERC issued a notice stating, “Commission staff is providing an additional opportunity for the public input into the pending proceeding on the following application: Shoreline Management Plan.”

The release explains, “As indicated… an opportunity will be provided for those members of the public that did not have the opportunity to provide comments.” All prior comments filed with the commission still apply. In the last year residents in Newtown and other towns along the Housatonic River expressed concerns about fees for docks or gazebos along the water, environmental issues, and more. “Refiling comments is not necessary,” Ms Miller said. The notice grants parties, “particularly those residents around Squantz Pond,” the opportunity to comment on the plan.

As stated in the regulatory commission’s notice, all documents should be filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, DHAC, PJ-12.1, 888 First Street, NE, Washington DC 20426. Include the project number (2576-083) on any filed comments. Comments can also be electronically filed. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s website under the “e-Filing” link. The commission strongly encourages electronic filings. Any filings must bear in all capital letters the title “COMMENTS,” as applicable, and the Project Number of the particular application to which the filing refers.

Based on comments issued by FERC, “The proposed SMP provides for the maintenance of safe public access to lake shorelines and riverfront lands and waters, as well as for the stewardship and development of shoreline/riverfront areas.

“The SMP also contains provisions to promote the conservation of land and water-related resources, in addition to promoting education and public awareness of resource protection and management programs. The SMP also includes guidelines for permitting new and existing structures on project lands, and a fee schedule to recover the administrative costs of implementing the permitting program.”

This filing is available for review at the commission in the Public Reference Room or may be viewed on the commission’s website at www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or call toll-free 866-208-3676, or for TTY, call 202-502-8659.

Shorelines along Lakes Zoar and Lillinonah that stretch through towns including Newtown are lined with bursts of vegetation casting shadows into shallow depths, but the gentle lapping noises coming from the water’s edge have washed tension inland since hydropower company FirstLight Power submitted the SMP.

The shoreline had become a source of financial concern for residents living along river banks either heavily wooded or with abrupt breaks in the tree-line opening on lawns where a seawall holds back a vibrant setting. Would property owners face registration fees for the seawall for example, or other structure at the water’s edge? The SMP suggested that Lake Lillinonah residents would see fees, at least. From tailored retaining walls to the more rugged slopes draped with pitched wooden staircases leading to docks, gazebos, or small decks — the structures were potentially going to cost owners money.

That’s the problem — especially for residents along Lake Lillinonah where property boundaries put structures over the water on the hydro company’s property, unlike Lake Zoar where homeowners own down into the lake.

The new hydropower company, FirstLight Power, which purchased its operating license and shoreline obligations from Northeast Generation Company, had filed the shoreline plan — fees included. In the last year the hydro company awaited revisions and eventual approval from FERC while property owners’ uncertainty grew until Lake Zoar residents began questioning the shoreline plan. All watched carefully as Attorney General Richard Blumenthal added his voice to those including lake authorities in multiple towns who spoke out against the SMP.