SELECTMEN’S PUBLIC HEARING MINUTES
September 25, 2007
Chairman Ulcickas opened the Public Hearing at 7:08pm. In attendance were Chairman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Selectman Trisha J. McCarthy, Town Administrator Nancy J. Wrigley and Office Manager Mary B. Winglass. Minutes were transcribed and typed by Office Manager Mary Winglass.
Guests in attendance were James Gallagher and Andy Stout of the NH Department of Environmental Services, Powwow Pond Council President Bob Lumnah and Vice President Nick Sarcioni, Clark Webster of 122 Pond Street and Jay Pramberg of 5 Webster Road and other interested residents.
Chairman Ulcickas stated that we are holding this PUBLIC HEARING per RSA 482:13 to discuss the proposed drawdown of Powwow Pond, East Kingston. Per a request from the Powwow Pond Council, an organization of owners of shorefront property on Powwow Pond, for a change in the date and the depth of the fall drawdown of the pond for the purposes of weed control and cleanup of the shoreline. The Council has requested that, this year, the normal start of the fall drawdown be moved from November 1st up to October 1st, and the depth of the drawdown be increased from one foot to three feet.
Mr. Andy Stout from the State of NH DES discussed that the Department of Environmental Services owns and operates the Trickling Falls Dam on Powwow Pond in East Kingston and they received a request from the Powwow Pond Council for a change in date and depth of the fall drawdown. The purpose of the change is for weed control and cleanup of the shoreline. According to State Law RSA 482:13, DES is required to notify the local governing bodies at least thirty days advance notice of the variation of the normal drawdown. The local governing body is required to have a Public Information Meeting in advance of the drawdown. Chairman Ulcickas stated that although the Board is holding this Public Information Meeting for the unscheduled drawdown, the Board has no say over this issue.
Nick Sarcioni, Vice President of the Powwow Pond Council stated that the request for the drawdown is due to the heavy vegetation in the pond therefore the Council went to the State to request the additional depth for a minimum of three feet. This is the easiest way not to spend a lot of money and get some results on the weed control for once the drawdown happens, the frost gets in the ground and freezes the weeds and then the water is put back into the pond.
Selectman McCarthy talked about concerns with area wells that may be affected from the drawdown.
Selectman McCarthy asked if anyone from the State contacted the NH Heritage Bureau for their input and the possible affects of the drawdown including a possible increase in exotic plants, which has been known to happen. Mr. Stout from DES responded that he is not sure NH Heritage Bureau was contacted but we can ask Mr. James Gallagher, Jr., P.E. Chief Engineer of the Dam Bureau as he is on his way to the meeting. Selectman McCarthy added that there is concern about a deep drawdown with the dry weather we have been experiencing and the affect on the ecology of endangered and threatened species and area wells.
Mr. Gallagher arrived and discussed that it has been established that the drawdown will not affect Country Pond as much and he is not sure of the affect it will have on the Powwow River. The drought is a concern and it was discussed that a way to maintain the levels of Country Pond is to add logs into the dam in Country Pond. Mr. Gallagher discussed the ecosystem in that a one time drawdown would not have the impact to harm the ecology. Selectman McCarthy added that if the drawdown is done prematurely then often times the invasive plants get worse. Mr. Gallagher responded that a five year study was done on the affects of the drawdown and the reasoning for doing this is to freeze the plants in the area and yet if there is no frost then it may not be that affective, but it is less intrusive than chemicals.
Selectman McCarthy asked Mr. Gallagher if the State contacted the NH Heritage Bureau. Mr. Gallagher responded that they do not normally notify the NH Heritage Bureau, only the NH Fish & Game.
Comments from the public.
Mr. Clark Webster talked about his four dug wells on his property, that if the river is drained then the beavers that live in the Powwow River will dam it and the concern with off road vehicles having access due to the drawdown. Other issues are the fire hydrant, the fact that four homes in the area are heated with wood and the area is very favorable for water foul. Turtles and frogs bury themselves in the mud during the winter and there is concern with off road vehicles disturbing the area when there are those who have gone out of their way to protect the area.
Mr. Bob Lumnah, President of the Powwow Pond Council discussed that the reason for the request is because the Powwow Pond has been invaded by a lot of natural plants and the drawdown is a recommendation by the consultants hired by the Powwow Pond Council. Mr. Lumnah talked about forming a watershed group to consist of the surrounding area towns to help save the ponds in the area and to help solve problems by helping one another.
Chairman Ulcickas asked if anyone can address Mr. Webster’s concerns. Mr. Stout from DES discussed setting up a gauge downstream close to the New Boston Road culvert and he will take a reading before the start of the drawdown and watch what is going on with the river. Country Pond will be monitored and it is not something that the State is taking lightly. The drawdown will start slow, shooting for two inches a day which will still give the fish and mussels enough time to move. If anyone has any problems with their wells then they are to contact himself or Mr. Gallagher immediately.
Mr. Jay Pramberg discussed his concerns with the current level of Country Pond and the affects of an additional drawdown. A discussion took place regarding the fire hydrant which is approximately 50 feet from the bridge downstream. This fire hydrant is a particular concern for the next hydrant is 5 miles away. Mr. Stout responded that he will check with the town’s Fire Chief regarding the hydrant and he will keep a close eye on it during the drawdown.
Chairman Ulcickas added for clarification purposes that the Town of Newton has no say in this matter. We are only responsible for holding the Public Hearing, getting the word out and to get the contact information so the residents know who to contact if they have any problems.
Resident Peter Mears talked about how he has fished and hunted these waters all his life and feels that the watershed needs a good flushing to take care of the weeds but it is not a good time to do it due to the drought. He asked why the drawdown cannot be done in the spring when we have high water. It was discussed that the drawdown is done in the fall to freeze the weeds.
A discussion ensued regarding the current level of Country Pond is already low, by approximately two feet, the need to educate the residents around the pond to have their septic system pumped regularly and not to use fertilizers on their lawns.
Selectman McCarthy added that the town was working on the culverts along Wilders Grove Road and had to stop and work around the Blandings Turtle.
Chairman Ulcickas closed the public comment.
Selectman McCarthy addressed the Board to ask if she could read an email that she received from Kim Tuttle, NH Fish and Game Nongame and Endangered Species Program and Matthew Carpenter, Fisheries Biologist with the Fish Conservation Program. Some of their concerns were with shoreline erosion by exposing tree, shrub and herbaceous roots as well as several species such as eastern pond mussel, banded sunfish, Blanding’s and spotted turtle. Selectman McCarthy emphasized her concern with the State’s lack of notification to the NH Heritage Bureau to discuss the possible impact.
Selectman Donovan reiterated the concern with the fire hydrants and need to watch them during the drawdown. The State agreed that this is an absolute concern and is something to watch. Mr. Stout stated that the State will reconsider the drawdown until these concerns are looked into and it has been determined the impact especially with the fire hydrant. If anyone has any problems they are to contact Mr. Gallagher directly at (603) 271-3503.
Chairman Ulcickas closed the public hearing at 8:10pm.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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