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    Frequently Asked Questions

  • TKPOA CMT Project FAQs

    CMT YEAR 2 FUNDING REFERENDUM

    What was completed during Year 1 of the CMT?

    Overall, the CMT Year 1 was successfully implemented as planned. Preliminary data show the herbicides have responded as expected. All the details for Year 1 can be found in the implementation report published September 30, 2022.

    What is the design for Year 2 of the CMT?

    Year 2 design will be assessing which treatment sites from Year 1 have shown success and what non-herbicide methods can be used to maintain a 75% reduction in biovolume of the weeds. Using the three Group B methods – bottom barriers, diver hand pulling, and UV-C – we will spot treat sites that show regrowth to stifle the returning weeds. There will be water quality monitoring and sampling around the lagoons to look at long-term effects of herbicide use and other treatment methods. There will not be any additional herbicide application or boating restrictions!

    What are the Group B methods?

    Group B methods are non-herbicide treatment techniques used for the goal of maintaining a 75% reduction in biovolume of the weeds after herbicide treatment. The three methods being tested are: bottom barriers, diver assisted hand pulling, and UV-C.

    Will there be boating restrictions in Years 2 and 3?

    There will be no herbicide application and therefore no restrictions in Years 2 and 3.

    What is the CMT Year 2 budget?

    The budget for Year 2 of the CMT is $1.1 Million. The $1.1M cost will be funded by a projected $350,000 surplus from the Year 1 assessment, $100K from the Mitigation Fund managed by Tahoe Regional Planning Agency (TRPA) and Lahontan Regional Water Quality Board (LRWQB), and a $650,000 assessment subject to member approval. The $650,000 net funding translates into a $442 assessment for waterfront owners and $221 for landlocked properties. This will fund Group B methods, project management, reporting, monitoring, supplies, and staffing.

    How is the $1.1M Year 2 budget being spent?

    Funding for Year 2 is broken up into four main categories:

    1) Consulting services for Project Management plus compliance, reporting, and a modest investment in the long-term solution.

    2) Two of the three Group B methods: bottom barriers and diver hand pulling.

    3) Field supplies for monitoring and treatment.

    4) An allocation to WQ payroll for TKPOA’s AIS technicians.

     

    The UV-C treatments will be funded by TRPA.

    What is the Mitigation Fund?

    The Mitigation Fund is an account that our homeowners financed in the 1990’s. It is managed by both the Tahoe Regional Planning Agency (TRPA) and Lahontan Regional Water Quality Board (LRWQB). The fund is used for projects around Lake Tahoe for nutrient mitigation. The TKPOA will ask the regulatory agencies to release $100k to support our efforts to help improve water quality in the lagoons.

    How does the Project Team plan to stay on budget in Year 2?

    The Year 2 design is keeping budget at the forefront. We have an agreement with our partners that we will scale the treatments to be effective within the fixed budget. Using the implementation units as a form of measurement allows us to quantify each treatment method to plot the direction moving forward. With this methodology of approach, we expect that the money will be allocated efficiently and appropriately to ensure no cost overruns occur. A $200k contingency is built into the budget for unexpected expenses that have not been accounted for.

    Are the herbicides effective?

    Currently data analysis is being done on the many thousands of samples and data points collected over the Year 1 season. Preliminary results show that the herbicides are working as expected in each treatment site. More conclusive data will be shared in the Winter report.

    Why are there still weeds in some herbicide treatment sites?

    The herbicides used (Endothall and Triclopyr) target specific weed species. Endothall is effective against all three nuisance varieties – Eurasian Milfoil, Curly Leaf Pondweed, and Coontail – but does not harm native species such as Elodia. Triclopyr is specific to Eurasian Milfoil, therefore other aquatic weeds, nuisance and native, will continue to grow. Triclopyr is an important prospective tool as it likely has long-lasting impact against Milfoil, which is an invasive species along the shorelines of our lagoons. The goal is to contain the invasive weeds (and Coontail), while allowing desired natives to continue to grow. We want the ecosystem to return to a natural state, so thriving native plants is a sign of success.

    Why should we continue with the CMT?

    The CMT was designed (and permitted) to be a 3-year test. In effect, we are comparing the results of a single application of herbicide followed by two years of spot treatments against the results of three years of UV-C treatment and three years of Laminar Flow Aeration. If we stop now, there will be no comparison and no recommended control strategy. Preliminary Year 1 results are promising, but it is necessary to collect data from Years 2 and 3 to be able to reach a consensus direction for a long-term control of invasive weeds.

    What is the design for Year 3 of the CMT?

    Year 3 is expected to look similar to Year 2. We project another $1.1 million will be needed in 2024 to complete the final phase of the CMT. Implementation will focus on follow-up treatment in sites that have shown the most success in the first two years, as well as continuation of Laminar Flow Aeration and UV-C treatment. This current referendum does not include any funding for Year 3. Year 3 funding will come from either a one-time adjustment to standard quarterly assessments or another special assessment voted on by the membership. Again, there will not be any additional herbicide application or boating restrictions in Year 3!

    Will we be utilizing the circulation system to improve water quality?

    The WQ Team believes that the long-term solution for controlling invasive weeds and improving water quality in the lagoons will include the circulation system in conjunction with the control methods that are determined by the CMT. Currently the circulation system is non-functioning and likely requires significant repairs and possible upgrades. The CMT budget for Year 2 includes a modest effort to evaluate the circulation system.

    Has the TKPOA Board of Directors made a decision to reactivate the circulation system?

    No, only to assess what it will take to make the system operational. There is still research needed to determine the potential for the success of improving water quality by making such an investment. The research will include a financial assessment of various options. TKPOA members would be voting on any proposal that requires significant investment of TKPOA funds.

    What is the Tahoe Regional Planning Agency (TRPA) and the League to Save Lake Tahoe (Keep Tahoe Blue) partnership contributing?

    The TRPA and League to Save Lake Tahoe are committed partners with the TKPOA, working to find a permittable solution for the invasive weeds and improved water quality in our lagoons. The TRPA has invested approximately $8 million in the CMT, and will continue to support the effort going forward. They have fully funded the UV-C treatment project, most of the monitoring activities, virtually all of the laboratory analysis, and the critical environmental impact analysis. In 2018, the League gave a $100k grant to the TKPOA, and has proposed another $100k for 2022-25. These funds have helped support the Laminar Flow Aeration (LFA) project and fragment control methods which includes the Double Bubble Curtains in the East and West channels. Beyond the financial stake, The League’s support as the leading, local private environmental group has been instrumental in gaining support from stakeholders around the lake. These fundamental partnerships are essential to the future of the Keys’ lagoons.

  • TKPOA CMT Project FAQs

    CMT OVERVIEW

    The CMT permit requires that water be flowing into the Keys from the lake during the herbicide application period. When does this normally occur? When does water typically start flowing out of the Keys into Lake Tahoe?

    • In the spring when snow melt causes the lake to rise, water typically flows into the Keys through the West and East channels as there are no streams flowing into the lagoons.  Alternatively, when the lake level starts to drop, water might be observed flowing from the Keys into Lake Tahoe, usually after June.

    Why not test the entire Keys right now?

    • This is a test of methods, notably herbicide, UV-C light, and laminar flow aeration (LFA).  The number and size of test sites reflect what the scientists who designed the test determined was necessary to achieve scientifically significant results.

    How do you decide on which lagoons/areas to test?

    • The test was designed by a team of scientists looking for test areas that are representative of the aquatic plants and other conditions throughout the lagoons
    • Consideration was given to area, weed volume, aquatic plant species mix, water depth, distance from the lake, surrounding terrain (e.g., docks and rocks), and other variables.

    Are the herbicides safe for humans, pets, and wildlife?

    • Please see link to the TKPOA Water Quality Department website for more information on the herbicides that will be used:  https://www.keysweedsmanagement.org/cmt-project
    • The aquatic herbicides being used are Federal and CA EPA approved, and are used in drinking water reservoirs, recreation lakes, and environmentally sensitive water bodies.  Application of the herbicides will be done by trained technicians under strict BMP’s.  The proposed herbicides are not a threat to humans, pets, fish, or wildlife, even inside the treatment test areas.
    • The selected herbicides are selective, and only target invasive species.
    • The restriction on water activities is driven in part by the fact that there are 25 different test sites, and we must avoid any cross-contamination between the individual sites in order to obtain scientifically valid results.
    • Also, the permit requires hydrologic conditions (net inflow from lake to lagoons) and in-water barriers (double turbidity curtains) that essentially reduce to zero the chance of detectable levels of aquatic herbicide or their degradants reaching the lake.

    There was mention that 10% of the area of the Keys Lagoons area is being tested. Is that percentage just for herbicides?

    • Combined, the area of the West Lagoon (private residences) and the East Lagoon (which includes the Tahoe Keys Marina) is approximately 170 acres.  The herbicides will be tested in 17 acres, or about 10% of the Keys.  Overall, there are 42 acres of test sites, including 5.5 acres of “control”.   More details can be found in table 2 on page 26 of the Aquatic Pesticide Application Plan (APAP) at https://www.keysweedsmanagement.org/cmt-project

    What is the best source of information on the Control Methods Test?

    • The TKPOA Water Quality department has a tab on its website dedicated to the CMT.  It can be found at:  https://www.keysweedsmanagement.org/cmt-project
    • The Tahoe Regional Planning Agency has also created a website with extensive information on the history of the invasive weeds in Lake Tahoe, the collaborative effort to combat aquatic invasive species, the environmental analyses, and more.  It can be found at: https://tahoekeysweeds.org/

    Is this the only test or will there be more?

    • The TKPOA and the agencies working with us on the CMT assume that the results of the test will instruct us on how to use these tools (aquatic herbicide, UV-C light treatment, and laminar flow aeration) on a large scale in the near future.

    In future, will the application of herbicide require similar restrictions?

    • As/if/when there is a large-scale application of herbicide, we would anticipate that the timing, logistics, and restrictions would be similar to those we face this spring.
    • The results of the CMT will define what the next steps are in terms of treatment.  It is expected that there would be another environmental impact analysis (EIR/EIS) and another round of permit applications for a specific treatment plan.

    What does the future look like for treatment of invasive weeds and deteriorating water quality?

    • The test will inform on the effectiveness of the various control methods, individually and in combination. The results will shape the TKPOA’s next steps for future treatment. 
    • It is not expected that herbicides or any of the treatment methods alone will solve the weeds problem and address deteriorating water quality in the Keys.  The ultimate solution will likely use some or all of the tools tested in the CMT, but as part of “system” that includes circulation and filtration of water within the lagoons.
    • Harvesting has been effective in keeping the navigation lanes open and removing large quantities of biomass each year, but harvesting is not a good long-term solution.  Fragments are a problem, and “mowing” the invasive weeds appears to stimulate seasonal growth.  The TKPOA has been and will continue to look for alternatives to harvesting.
    • While the CMT is a 3-year test, the TKPOA is hopeful that we can begin working toward a long-term comprehensive water quality program in 2023 in parallel.

    Will we be evaluating the effectiveness of the areas treated with UV-C light last summer?

    • SEA and UNR prepared draft reports on UV-C treatments in 2021.  They have not yet been published.
    • Due to logistical challenges with the treatment boats and the fires last summer, the testing results were limited.

    For UV-C treatment, does that require shutting down waterways at all?

    • UV-C treatment does not require closing the waterways.  It is the herbicide application that is driving the need for turbidity curtains, extensive monitoring of water quality, and the closure.  In year 1 of the test, there are UV-C sites within the “test areas." In years 2 and 3 of the CMT, there will be no herbicide treatment, hence no closures.

    Is the herbicide being used at full strength?

    • The herbicides are being applied at about half of the maximum Federal and CA EPA approved application rates. Higher concentrations won’t be needed because contact time of the herbicide with the plants will be sufficient in the still lagoon waters.
    • In the UV-C/herbicide “combo” sites, herbicides will be used along the shoreline and UV-C treatment in the navigation lanes.  This results in an herbicide application rate that is a very small fraction of the maximum rate.
  • TKPOA CMT Project FAQs

    CMT BOATING RESTRICTIONS

    15. Can we get a clear timeline for boating restrictions?

    • The herbicide application window requires that we need to start the installation of the requisite barriers and turbidity curtains as early as April 18th. The curtains will remain in place for a minimum of 3 weeks after the application of herbicide, and can be removed only when water samples indicate that all degradants measure below specification. We anticipate that the curtains will be in place for about 3-4 weeks. After this period, it will take about a week to remove all the curtains and the barriers. This suggests that the boating restriction might be in place as late as mid-July (I.E. ~4 weeks after June 15 in the worst case). After the “all clear” on the herbicide test, boating restrictions will be removed.

    16. Can we review what is the planned “closure” and how it will be enforced?

    • The TKPOA board published “CMT emergency boating rules” and boating guidelines on February 28th. The rules, guidelines, and maps of the restricted area can be found on the TKPOA water quality website.
    • https://www.keysweedsmanagement.org/blog/approved-tkpoa-2022-control-methods-test-cmt-emergency-rule-for-boating. 

    17. How will we communicate this information with people not involved in this meeting, not up to date with this information, and/or non-Keys residents?

    • Each homeowner received a mailing with information on the CMT and the water restrictions.
    • It is the responsibility of the owners to communicate this to their renters.
    • We will schedule another WQ Town Hall Forum, and are also holding zoom Q&A sessions to answer questions. See www.keysweedsmanagement.org for more details.
    • We are coordinating with the TRPA and the League to Save Lake Tahoe on broader communication with the general public.  For example, information on the CMT and the boating restrictions will be available at TRPA Boat Inspection stations.

    18. If my boat was moored in one of the test areas all winter, can it stay on my dock during the restricted period?

    • Yes, if your boat is inside testing areas A or B before April 18th, your boat MUST stay at your dock during the restricted period.  No movement will be permitted.

    19. How can there be an “emergency rule” when there is no emergency?

    • An emergency rule is essentially a short-term rule for the purposes of immediately addressing an emergency need of the Association without a 28-day member review period of the rule. An emergency can later be adopted as a "permanent" operating rule, or it can be in place for a short period of time (but no more than 120 days) while the emergency situation is handled. 
    • In the case of the emergency boating restriction, this would qualify as an imminent risk of substantial economic loss to the Association because if (1) boating was not restricted during the CMT, the test could not be conducted, and (2) daily fines could be assessed to the Association for violation of the CMT project permit(s).

    20. How will you enforce keeping people out of waterways – outsiders, paddleboards, SUP’s, kayaks, etc.?

    • There will be a physical blockade consisting of barriers, signage and buoys restricting non-authorized parties from accessing/entering the test zones. Signage will cite the city trespassing code, and staff will seek enforcement help from South Lake Tahoe Police Department if needed. In addition, TKPOA security will be patrolling the restricted areas, and will be charged with enforcing the “emergency boating rules”. Property owners are encouraged to protect their investment in the CMT.  If you “see something, please say something."

    21. Are there fines for violating the “emergency boating rule”?

    • Fines as high as $10,000 may be assessed for violations of the emergency boating rules that result in damage to property or the test results.

    22. What action will be taken against those found operating boats or partaking in water activities inside the restricted “test areas”?

    • Fines as high as $10,000 may be assessed for violations of the emergency boating rules that result in damage to property or the test results.

    23. How do you plan to enforce the TKPOA Emergency Boating Rule?

    • TKPOA security and Water Quality Department staff will be patrolling the test areas to enforce the TKPOA  Emergency Rule and Boating Restrictions. Please note, property owners are encouraged to protect their significant investment in the herbicide test.  Please report violations to TKPOA staff or security. For more information, refer to questions 20-22.

    24. How will TKPOA take any kind of enforcement action against non-members found violating the test sites?

    • TKPOA Security will take every precaution to enforce trespassing codes, and seek law enforcement help, if necessary, in order to maintain the integrity of the CMT project.

    25. When will we know if the revised testing area will be accepted?

    • As part of the TKPOA’s recent Aquatic Pesticide Application Plan (APAP) – Amendment 1 submission to the Lahontan Water Board, the TKPOA requested that one herbicide site be moved and 3 sites consolidated into one.  The changes reduce the herbicide treatment area slightly, as well as reduce the amount of herbicide required for the test.  The changes do not reduce the expected efficacy of the test, but do simplify logistics. One proposed change would reduce the size of test area A modestly.  We hope to have an answer by early April.
    • More details on the proposed changes can be found in section 3.2.2 of the APAP at https://www.keysweedsmanagement.org/cmt-project

    26. Will all the curtains come down at the same time? Do herbicide related curtains stay in longer?

    • All of the turbidity curtains used in the CMT relate to the application of herbicide.  While it is expected that the curtains will be removed 3 weeks after application of herbicide, each test site will be monitored regularly, and each must meet the water quality specification in the permit before the curtains can be removed.
    • Separately, there will be boating barriers installed to block water access to test areas A & B (see map at https://www.keysweedsmanagement.org/cmt-project).  These cannot be removed until all the herbicide test areas meet the water quality specification AND all turbidity curtains are removed.

    27. If outside boaters are a concern coming into the keys and running into the barriers, then why not close the west channel altogether for the test period?

    • This option was discussed and rejected by the TKPOA water quality committee. The EIR and EIS suggest that the TKPOA should work to limit the impact of the CMT on recreational boating to the extent possible.  The central and east part of the West lagoon will remain open for water activities – boating, kayaking, paddling, etc.  The TKPOA will do what it can to help property owners in the testing areas find temporary mooring in the unaffected area.

    28. Have you considered letting coves rent out docks?

    • The TKPOA board and WQC encourage property owners in the coves to share their docks with homeowners in the restricted “test areas”. Please contact the TKPOA office if you have a dock you can  share during  the testing period.

    29. How is it fair to disenfranchise half the homeowners by restricting their boating rights under threat of a $10k fine, while others are free to use the waterways and their boats?

    • The test is being performed on behalf of all property owners, both west lagoon and east. It is a critical step toward finding a long-term solution for weeds and water quality.  Some homeowners are getting herbicide treatment along their shores, but most are not.  Some property owners will get UV-C light treatment in their fingers, but most are not.  Some neighborhoods are getting LFA treatment, but most are not.  The common threat though is that all property owners should benefit from the comprehensive solution that can be derived from the test result.
    • As noted above, we hope that all property owners can share access to the unaffected waterways during the test, at least to some degree.

    30. Are there boating or water activity restrictions outside of test areas A, B, & C?

    • No restrictions during the test.  The unaffected areas are open to all for boating, kayaking, paddling, etc.
    • TKPOA encourages property owners outside the test areas to share dock space if possible.

    31. Is it true that there will be no access for boats into or out of the test areas?

    • Boat barriers are scheduled to be erected starting Monday April 18th.  From that date until the “all clear” date for the herbicide test, there can be no ingress, egress, or movement of vessels inside the test area.

    32. How will the TKPOA communicate where property owners can launch kayaks & SUP’s?

    • We are creating signage to be placed in areas where property owners will be allowed to launch kayaks, canoes and SUP’s. We will create and publish a map with the launch sites closer to the testing start date. This information will be also communicated via the weekly CMT e-blast and posted on keysweedsmanagement.org on the CMT page.

    33. Given that many boat owners will not be launching their boats until after the testing period, is the TKPOA coordinating with Keys marina to adjust for the significant increase in demand for boat launch once barriers are lifted?

    • The Keys have been in communication with the Keys Marina to inform them about the increase in boat launches daily as well as when the turbidity curtains are removed.

    34. Is there a limitation to the size of a boat and trailer that can be parked in street/driveways?

    • There will not be a limitation to the size of a boat and trailer that can be parked in the street/driveways. However, you cannot block driveways and TKPOA ramps.

    35. Can we raft up with friends or neighbors outside the test areas?

    • Aside from testing/restricted areas, boating activities may be conducted as normal. Please see TKPOA Waterway Usage Rules and Regulations for specific rules and regulations which can be found at tkpoa.com >About>Amenities>Channels.

    36. Can we moor our boats on the lake for all or part of the test period?

    • No, California law prohibits overnight anchoring in state waters EXCEPT in designated anchorage areas.

    37. What is the harvesting plan for year 1 of the CMT?

    • Harvesting plans will be posted on keysweedsmanagement.org as scheduled. Outside the test areas, harvesting will continue as normal for the 2022 season.

    38. Will the east lagoon still have fragment pile pickups?

    • Yes, east lagoon harvesting and fragment control / pile pickups will proceed as normal.

    39. Can we cut weeds at our own dock if we are in a “test site”? What about if we are in one of the “test areas” but NOT in a “test site”?

    • No, there should be no self-harvesting or fragment control if you are in a restricted area and/or test site/area. This activity could skew monitoring results and adversely affect test results.
  • TKPOA CMT Project FAQs

    LEGAL

    Has the Sierra Club made an appeal to Lahontan?

    • Yes, they have requested a “stay” and a review of the permit from the CA Water Control Board.  The review is pending.

    Is there any indication the Sierra Club is filing an appeal in CA or Federal court?

    • As of March 10, we are not aware of a lawsuit in either CA or Federal court.  Opponents of the project have a few more weeks before the Federal filing deadline.

    Are we prepared to go to court?

    • The TKPOA is working with its counsel and with partners to be fully prepared for opposition to the permit. In the event of a challenge to the Lahontan permit, the TKPOA would only be named as an interested party. In the case of a challenge to the TRPA permit (in Federal court), the TKPOA would be asked to defend the permit, but is not obligated to do so.
© 2021 Tahoe Keys Property Owners Association
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