From: B(2) to A(1)
October 2021
Summary
Shadow Lake is recognized as one of the cleanest lakes in Vermont. This beautiful lake is enjoyed by many for swimming, fishing, and boating, and is a prized location for a camp or a home. Despite its unique water quality and clarity, Shadow Lake is currently classified by the State of Vermont as a B(2) lake, just like every other lake below 2,500 feet of elevation. In reality, Shadow Lake, one of only seven other lakes in the State, exceeds the standards set for an A(1) lake, the highest water quality classification for a lake in Vermont.
However, water quality measurements taken by Sara Gluckman since 1994 and reported to the State show a 25 year trend of increasing phosphorus concentration, resulting in a 2020 State report card trend score of “poor”, with a water quality standard status of “stressed”. Increasing phosphorus concentrations will eventually lead to a reduction in water clarity and an increase in algae blooms, increasing amounts of aquatic plants, and a lake that is more welcoming to invasive species. In time, this translates into a much less desirable place to fish, boat, swim, or own a home.
Another impact of degraded water quality and all its accompanying problems will almost certainly be a decline in the value of property, affecting each of the camps and homes along Shadow Lake. That is the story of the degradation of Lake Champlain, where a study conducted by UVM demonstrated that declining water quality results in significant, measurable declines in property value.
In real terms, the B(2) designation by the State means the State is not required to take any action to stem any degradation of Shadow Lake, until the lake’s water quality degrades to a point where it will be costly, disruptive, and maybe impossible to reverse. By reclassifying Shadow Lake to A(1) now, the anti-degradation principals under the Clean Water Act requiring the State to act will kick in when the water quality is impaired below A(1); we will not have to wait until our water quality is impaired below a B(2) classification. This means the State will be mandated to provide the Glover community and Shadow Lake Association access to available funds much sooner, so restoration work can begin when there is a greater chance that the degradation can be stopped and reversed at a more affordable cost, and thereby protecting property values.
An A(1) classification will set Shadow Lake apart from all other lakes in Vermont. It will increase lakeshore property values and help inspire people to take appropriate action to protect the lake and to become better stewards. The reclassification to A(1) will also motivate the State to take a greater interest in protecting this valuable resource and in helping the community reverse the existing declining trends so that Shadow Lake never becomes impaired below an A(1) classification.
Background
Vermont Agency of Natural Resources Water Quality Standards define Class B(2) waters as having: • Total Phosphorus less than 18 µg/L;
• Secchi Disk Depth greater than 2.6 m;
• Chlorophyll-a less than 7.0 µg/L.
In 2020, Vermont DEC measurements established the following (averages June through September) for Shadow Lake:
• Total Phosphorus 6.8 µg/L;
• Secchi Disk Depth 8.9 m;
• Chlorophyll-a 1.6 µg/L.
Vermont Agency of Natural Resources Water Quality Standards define Class A(1) waters as having: • Total Phosphorus less than 12 µg/L;
• Secchi Disk Depth greater than 5 m;
• Chlorophyll-a less than 6 µg/L.
Using these criteria, Shadow Lake’s water quality clearly exceeds all requirements for an A(1) classification, despite it being currently classified as B(2). It therefore seems reasonable to examine if reclassifying Shadow Lake to A(1), a classification that actually represents its current measured conditions, is in the best interests of the local community and if this reclassification will offer a higher standard of protection of water quality without further taxing the local community. The following questions arise:
• Are there any reasons to reclassify Shadow Lake as A(1)?
• What are the benefits of having an A(1) designation?
• What is the downside of having an A (1) designation?
• Is it legally possible to reclassify Shadow Lake as A(1)?
• What is the process for reclassifying Shadow Lake ?
The following sections address these questions.
How will Shadow Lake stakeholders, which includes lakeshore residents, the Town of Glover, the Glover Town Beach, and the VT Fish and Wildlife Access Area and Dam benefit from reclassification?
1. State management objectives for Class A(1) surface waters provide the highest level of protection (afforded by the VT Water Quality Standards) for these waters.
2. Reclassifying Shadow Lake lowers the threshold for declaring the lake as a lake with deteriorating water quality significantly.
3. Reclassification makes funds available sooner, so restoration work can begin sooner.
4. A(1) Classification establishes a mechanism for action when water quality remains in best
5. A(1) Classification establishes a mechanism for action when water quality remains in the best category, when there is more likelihood that restoration to this high quality state is achievable and affordable, protecting property values.
6. Reclassification to A(1) does not mean there can be no land-based activities or active management in the watersheds, lakeshores, or stream corridors of the Shadow Lake watersheds. Instead, the activities must be carried out in such a way as to maintain the excellent condition of Shadow Lake.
7. Reclassification will make it easier to get resources to implement Lakewise projects. At this time, no new Shoreland permitting requirements are envisioned for A(1) lakes.
8. Reclassification will prioritize the lake for Aquatic Nuisance Control efforts and funding, like the grant in aid program if required, which could save the community a considerable amount of money.
9. More funding will be available for our Greeter and Invasive Patroller programs
10. Fireworks are a discharge into a waterbody and prohibited in Vermont without a permit; the change in classification does not change this law in any way.
What are the downsides to Shadow Lake stakeholders, including lakeshore residents, the Town of Glover, the Glover Town Beach, and VT Fish and Wildlife Access Area and Dam?
1. The quality of the water in Shadow Lake will be managed to a higher standard than it currently is. That means that activities that are known to be degrading the quality of our lake water will receive greater attention and should be managed so they will no longer degrade the lake’s water quality. Therefore, if you want to carry out activities that are known to degrade the quality of water in Shadow Lake, these activities will cause a confrontation with the State and the Glover community.
Is it legally possible to reclassify Shadow Lake as A(1)?
It is possible to reclassify Shadow Lake; however, it will require some work on the part of the community to develop and submit a petition which has been done.
What is the process for reclassifying Shadow Lake?
The State of Vermont can reclassify water bodies on its own or respond to petitions from local organizations, which is preferable as it demonstrates local support. The process for submitting a petition is laid out in the attached documents; it follows a formal rulemaking process. The process involves significant consultation with local and state stakeholders as well as legislative committees and will require some degree of local support to move forward.
State Statues of Interest
VT Statute 10 V.S.A. §1253 states:
(a) The waters of all lakes, ponds, and reservoirs, natural or artificial, used exclusively as a public water source prior to July 1, 1971, and all waters flowing into such lakes, ponds, and reservoirs, and all
waters located above 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class A waters and shall be maintained as such unless reclassified.
(b) The remaining waters are designated Class B(2) waters and shall be maintained as such unless reclassified.
This statute has therefore designated Shadow Lake as a Class B(2) water body.
Under 10 V.S.A. §1252, Class B(2) is defined as “waters that are suitable for swimming and other primary contact recreation; irrigation and agricultural uses; aquatic biota and aquatic habitat; good aesthetic value; boating, fishing, and other recreational uses and suitable for public water source with filtration and disinfection or other required treatment.”
From Vermont Water Quality Standards
§ 29A-101 Applicability (a) Pursuant to 10 V.S.A. Chapter 47, after the use classification of any water has been established, that water shall be managed by the Secretary in order to obtain and maintain the classification for that use. The Secretary may enforce a classification and these rules against any person affected thereby who, with notice of the classification, has failed to comply. (b) Concerning any application, the Water Quality Standards in effect at the time of the filing shall apply. These Water Quality Standards shall apply to those applications, including applications for the renewal of existing approvals, that are filed on or after the date upon which the amended standards become effective, and to all other activities that occur after that date. These rules shall apply to all “waters,” as defined in these rules, including “waters of the United States” as defined in titles 33 and 40 of the Code of Federal Regulations. Application of these rules to waters shall not require the issuance of a state or federal permit, license, certification, or approval for discharges or activities for which no such permit, license, certification, or approval requirement exists under applicable state or federal law, including discharges and activities that satisfy the exemptions and exclusions set forth at 40 C.F.R. §§ 122.3 and 232.3.