Lyme Conservation Commission
Meeting Minutes
March 3, 2008
1. The meeting was called to order at 7:30 by Chair Matt Stevens. The following members of the Commission attended the entire meeting: Russell Hirschler, Dick Jones, Lee Larson, Adair Mulligan and Matt Stevens. The following members of the public attended all of the meeting: Tom Morrissey and Luke Prince. John Severance and Elise Lawson of Watershed to Wildlife, Inc. attended the first part of the meeting.
2. The minutes of the February 4th meeting were unanimously approved as submitted.
3. Watershed to Wildlife proposal to study the Chaffee Wildlife Sanctuary:
a. After introductions, Dick opened the discussion by saying he was looking for something similar to a Federal Environmental Impact Statement that would look at the impacts of various water levels. Lee responded that his concerns were that the study be focused on what level would be best for the environment/biology of the sanctuary and to support the Commission’s RSA 36-A responsibilities. Adair and the rest of the Commission members supported this.
b. A general discussion followed during which the nesting of loons (a NH threatened species) in Little Post Pond, NHDOT’s 2007 trapping of the beavers in Trout Brook and other updates to the conditions in the refuge since John’s and Elise’s preparation of the Town’s Natural Resources Inventory were discussed.
c. Following the discussion, Russ moved and Adair seconded a motion to award a contract to Watershed to Wildlife, Inc for phases A, B and C of their proposal and to withdraw monies from the Conservation Fund to pay for the study. The motion carried unanimously.
4. Vicki May has informed the members that her teaching and family commitments mean that she will be unable to serve a second term on the Commission. After Dick mentioned that traditionally appointments to new terms are not made until after the new Board of Selectmen is seated following Town Meeting, it was decided to look for possible candidates to fill her seat for future consideration.
5. The Connecticut River Watershed Council’s property just north of Pout Pond was briefly discussed. Lee updated the Commission on the original donor’s letter to the CRWC opposing the sale to anyone but a conservation organization, the unsuitability (high cost) of developing the 20’ right-of-way to the property from Acorn Hill Road and that no documentation (other than its appearance on the tax maps) for the “right-of-way” from Hardscrabble Road could be found. It was agreed that Matt would draft a letter to the CRWC requesting an update on the status of the potential sale.
6. Chaffee Wildlife Sanctuary / Post Pond water level:
a. Lee led a discussion of his meeting (James and Matt accompanying) with representatives of DES in Concord. DES was represented by Collis Adams and Jim Gallagher, and Fish and Game by Mark Ellingwood. They were informed that the Town would not need a DES permit for “removal” of a beaver dam under Env-WT 303.05 (j), but a permit would be required for any flow control device(s). Upon being briefed that a permit had only been obtained for the first “castor master”, they were also informed that a standard dredge and fill permit (not permit by notification) would be required for the second and third beaver pipes because of the
nature of the Clay Brook wetland.
b. The discussion of future action concluded that the preparation of a standard dredge and fill permit application for the second and third beaver pipes will require consultant support estimated at $3,000. The Commission felt that this cost should be added to its 2008 budget by floor amendment at Town Meeting.
c. Discussion on flow devices in general led to the conclusion that, although effective in mitigating variations in the water level between 2.5 and 3.0 feet, they would not have the capacity to lower the level to 2.0 feet. The historic alternative of lowering the dam(s) weekly should only be done by “paid employees” under Commission supervision at an estimated cost of $800 per year (2 people for 2 hours for 20 weeks at $10.00/hour) if such people could be found.
d. Adair expressed her concerns about the apparent change in DES’s position on the 3.0 foot level advocated in the Loch Lyme Lodge suit to allow breaching under their regulations. Tom said he felt that the beaver dams were part of the natural conditions determining the “natural mean high water” and the DES determination was flawed since they had been recently breached (thus making the outlet free flowing) at the time of the determination.
e. Matt concluded by saying that whatever the Conservation Commission chooses to do, it must be governed by the Commission’s responsibilities under RSA36-A.
7. Other business:
a. Adair raised concerns that had been passed to her about checking for milfoil at the Post Pond boat launch facility and possible harassment of the loons, if they are perceived as limiting the ability to lower the water level in Post Pond. Lee responded that although some grants were available to have attendants check for milfoil at public boat launch facilities; the low number of users of the Post Pond facility would make attendants impractical.
b. Lee updated the Commission on the status of making the NRI digital maps available to the public in the library. TELEATLAS donated two computers to the project and updated keyboards have also been donated. The project should be completed in the next couple of weeks.
c. Dick suggested, and it was agreed, that this month’s Church News article should be on not using trails during “mud season”.
Richard G. Jones
recorder pro tem
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