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Ossipee Lake Natural Public Meeting

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Title: Ossipee Lake Natural Public Meeting


1
Ossipee Lake NaturalPublic Meeting
  • Department of Resources and Economic Development
  • May 5, 2007

2
Purpose of Meeting
  • Create a general understanding by the community,
    users and other interests as to the basis of
    management direction for the property, create
    more informed public comment, and ultimately
    develop understanding and support for management
    direction.
  • Identify options for management direction given
    the attributes of the property (recreational,
    cultural, and ecological) legal requirements, and
    agency responsibilities.
  • Determine and what resources are necessary to
    support implementation of a given management
    direction.

3
Agenda
  • 1. Description of Property
  • 2. Statutory, Legal and Administrative Guidance
    for Management
  • 3. Characteristics and Uses of the Property
  • Questions and Answers
  • 4. Management Issues
  • 5. Public comment
  • 6. Break out Discussion Groups
  • OPTIONS IMPLICATIONS - RESOURCES
  • 7. Reconvene

4
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6
State of New Hampshire Dept. of Resources
Economic Development
Ossipee Lake Natural Area
Grantee White and Sawyer Date of Conveyance
January 28, 1969 CCRD Book 439 Page 139 723 Acres
  • Subject to a negative easement in favor of the
    Grantor, that there shall be no park development,
    or program within a continuous buffer strip, 100
    in width, along the easterly, northerly and
    easterly boundary of the tract from Ossipee Lake
    to Route 25.
  • The Grantee agrees that the land will not be
    used for other than educational or recreational
    purposes.

7
2. Statutory, Legal and Administrative Guidance
for Management
  • Division of Forests and Lands
  • Historic Resources
  • Natural Heritage
  • Division of Parks and Recreation

8
Forests and Lands Agency Mission
227-G1 Declaration of Purpose. It is hereby
recognized and declared that the public welfare
of this state requires the maintenance,
protection, conservation, multiple use, and
rehabilitation of forests for the social,
economic, and environmental benefits that result
from a diverse forest cover. Such benefits
include forest products, a viable forest-based
economy, recreation opportunities, scenic values,
healthful surroundings, climate mitigation, clean
water, and biologically diverse populations of
plants and animals. It is further recognized that
long-term sustainability of the state's forests
will require the prudent acquisition and
management of state-owned forests data
collection, planning, and education protection
of critical resources monitoring and protection
of forest health and control of woodland fires.
Source. 1995, 2991, eff. Jan. 1, 1996.
9
227-G3 Duties and Authority of the Director of
the Division of Forests and Lands.
  • I. The director shall
  • (a) Execute all matters pertaining to
    forestry, forest management, and forestlands
    within the jurisdiction of the state, including
    cooperation with other state and federal
    agencies, with the approval of governor and
    council as required.
  •        (b) Be responsible for the forest
    management of all reservations and state-owned
    forestlands except those areas managed for
    special purposes. The director shall consult with
    the directors of all agencies responsible for
    such areas in regard to forest management.
  •        (c) Execute all matters pertaining to the
    use of state reservations, except matters
    pertaining to the recreational development,
    administration, and maintenance, which shall be
    done in cooperation with the director of the
    division of parks and recreation, department of
    resources and economic development, with the
    approval of governor and council as required.
  •  
  •        (j) Carry out such other duties relating
    to forests, forest management, and forestlands as
    may be delegated by the commissioner lying within
    the jurisdiction of the department.

10
Management of State Lands
227-H1 Declaration of Purpose. It is hereby
recognized and declared that state-owned
reservations contribute to the conservation of
natural resources and distinctive quality of life
in the state. The public welfare of this state is
served by the prudent acquisition and management
of reservations to provide forest benefits and
for the purposes of demonstrating sound forestry
principles, protecting habitat for plants,
animals, and other organisms, conserving forested
watersheds, preserving areas of rare and
exemplary natural beauty and ecological value,
and providing for perpetual public access and
use. Source. 1995, 2991, eff. Jan. 1, 1996.
Reservation means public land under the
jurisdiction of the department including but not
limited to state forest, state park, natural
area, historic site, geological site, recreation
trail, memorial area, fire tower, wayside area,
heritage park, resource center, agricultural
area, state forest nursery, administrative
facility, information center, demonstration
forest, certain islands, and lands under lease to
the department.
11
Public Forest Lands ManagementRSA 227H-2
  • (a) Ensure that forest management on
    reservations
  • (1) Gives due consideration to the conservation
    of all resources and benefits.
  • (2) Considers the context of these reservations
    in the surrounding landscape.
  • (3) Is guided by principles of sustained yield.
  • (b) Coordinate forest management on reservations
    with other interested state and federal agencies.
  • (c) Allow for public involvement in forest
    management planning for reservations.

12
CHAPTER 227-CHISTORIC PRESERVATIONPreservation
of State Historic Resources
  •     227-C9 Directive for Cooperation in the
    Protection of Historic Resources.     I. All
    state agencies, departments, commissions, and
    institutions shall fully cooperate with the
    division in the location, identification,
    evaluation and management of historic resources,
    and to that end shall provide the division with
    appropriate information on all state licensed,
    assisted, or contracted projects, activities, or
    programs so that the division may determine the
    effect of such undertakings on historic
    resources.     II. Upon a recommendation of the
    division that historic resources may be adversely
    affected, the commissioner shall conduct, or
    cause to be conducted, any necessary field
    investigations, subject to personnel and
    budgetary limitations. State agencies,
    departments, commissions, and institutions are
    authorized and encouraged to expend project funds
    or appropriated moneys for these field
    investigations.     III. When preparing to sell
    or transfer real property under its jurisdiction
    which is expected to have historic resources, or
    is known to have historic resources, the state,
    its agencies, departments, commissions,
    institutions and political subdivisions shall,
    upon a recommendation of the commissioner
           (a) Condition the sale or transfer upon
    such covenants, deed restrictions, or other
    contractual arrangements as shall protect the
    historic resources for future generations.
           (b) Reserve such property from sale or
    transfer, provided that the reservation of such
    lands from sale or transfer may be confined to
    the actual location of the historic resources.
           (c) Defer sale or transfer of such
    property for the purpose of conducting field
    investigations, including salvage mitigation if
    necessary, and until the lands are released for
    sale or transfer by the commissioner.
  • Source. 1981, 5045. 1985, 3453.

13
CHAPTER 217-ANEW HAMPSHIRE NATIVE PLANT
PROTECTION
  • Section 217-A2
  •     217-A2 Findings and Declarations. Because
    there are no laws protecting any of our native
    plants, every year hundreds of our native plants
    are dug up and removed without permission from
    public and private property. Many of these are
    taken out-of-state and sold for profit.
    Therefore, the legislature finds and declares
    that     I. For human needs and enjoyment, the
    interests of science, and the economy of the
    state, native plants throughout this state should
    be protected and conserved and that their
    numbers should be maintained and enhanced to
    insure their perpetuation as viable components of
    their ecosystems for the benefit of the people of
    New Hampshire.     II. Native species of plants
    within this state and the nation that are
    endangered, threatened, or otherwise reduced in
    number or may become so because of loss,
    modification, or severe curtailment of their
    habitats, or because of exploitation for
    commercial, scientific, educational, or private
    use, should be accorded protection as is
    necessary to maintain and enhance their numbers.
        III. This state shall assist in the
    protection of species of plants that are
    determined to be endangered, threatened, or of
    special concern by prohibiting the taking,
    possession, transportation, processing, sale or
    offer for sale, exportation from this state, or
    shipment within this state of such species
    without required and valid federal and state
    permits.     IV. The commercial sale of seeds,
    plants, and nursery stock is regulated by the New
    Hampshire department of agriculture, markets, and
    food under RSA 433. Source. 1987, 2201. 1995,
    1304, eff. July 23, 1995.

14
CHAPTER 217-ANEW HAMPSHIRE NATIVE PLANT
PROTECTION
217-A6 Conservation Programs.     I. The
commissioner shall establish programs for the
protection of species listed under RSA 217-A5.
These programs may include methods for the
acquisition of land and interests in land that
the commissioner determines is necessary for the
protection of such listed species.     II. To
administer this chapter, the department may enter
into agreements with federal agencies, other
states, agencies or political subdivisions of
this state, or with individuals or private
organizations for administration and management
of any program established under this section or
utilized for the protection of listed plant
species.        
15
CHAPTER 217-ANEW HAMPSHIRE NATIVE PLANT
PROTECTION
217-A7 Cooperation With Other State Agencies.
All state agencies, consistent with their
authority and responsibilities, shall assist and
cooperate with the commissioner to carry out the
purposes of this chapter. To the extent possible
actions funded or carried out by state agencies
shall not jeopardize the continued existence of
any protected plant species. Source. 1987, 2201.
1993, 2507, eff. June 15, 1993.
16
217-A5 Natural Heritage Inventory of Species
Requiring Protection Rulemaking.
  • I. The commissioner of the department shall, on
    the basis of research and investigations and
    other available scientific data on plant species,
    and after public hearing, adopt, pursuant to RSA
    541-A, an inventory of plant species occurring in
    the state which are threatened by the loss,
    drastic modification, or severe curtailment of
    their habitats, their over-collection for
    aesthetic, commercial, educational, recreational,
    or scientific purposes, the effect on such
    species of disease, pollution, or predation, or
    other factor or combination of factors, natural
    or manmade.      IV. Excepting those species of
    plants determined to be endangered or threatened
    pursuant to the Endangered Species Act, the
    department shall determine whether any plant
    species should be listed as a protected species
    upon presentation of substantial evidence in the
    petition of any interested party. The department
    shall review each species listed as an endangered
    species or as a threatened species every 5 years
    to determine if the conditions that led to the
    original listing are still present. Source. 1987,
    2201. 1993, 2505, eff. June 15, 1993.
  • Section 217-A6

17
Zoning
  • To maximize public use and benefit each parcel
    of forestland is zoned according to its highest
    and best uses. In this manner, work activities
    focus on conserving and enhancing the highest and
    best uses. However, other uses may be permitted
    under situations and limitations, which will not
    impair the area for its dominant use.

18
Allocation of DRED Lands
  • DRED lands are allocated for DRA into zones for
    taxation purposes.
  • Easements are lands owned by someone other than
    DRED however DRED has purchased rights. Property
    taxes are paid by the land owner. (Primary
    jurisdiction is Forests and Lands)
  • Agricultural Leases are lands owned by DRED
    however the temporary right to grow agricultural
    products have been leased to someone other than
    DRED. Property taxes are paid by the lessee.
    (Primary jurisdiction is Forests and Lands)
  • Recreation Lands are owned by DRED for the
    purpose of developed recreation. Property taxes
    are paid on a 5-year declining schedule Year 1
    100 of taxes, Year 2 80 of taxes, etc.
    (Primary jurisdiction is Parks and Recreation)
  • Forest Lands are owned by DRED and pay PILT
    (Payments In Lieu of Taxes) every year
    approximately equivalent to Current Use Taxation
    levels. (Primary jurisdiction is Forests and
    Lands)

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21
Ossipee Lake Zones Natural Preserve
Areas Natural preserve areas are those, which
contain (a) unique geological features and/or (b)
unique plant communities, which will not change
their composition in a relatively short time in
the natural course of plant succession. The only
projects permitted in these areas are
construction of basic access facilities such as
trails, footbridges and signs and other
activities compatible to protecting the natural
character of the natural preserve
area. Recreation Areas Recreation areas are
those in a forest area not part of a developed
recreational area that may have some identified
recreation use passive in nature such as a trail
of any type, primitive campsites where allowed,
identified natural springs in use and areas known
to be heavily used by the public for recreational
purposes. Timber Management Areas Timber
management areas consist of all lands under
Forest Management Land Use not included in the
above categories. Timber management areas are
managed for the sustained yield of timber
products while allowing flexibility for other
multiple use objectives. Silvicultural practices
applicable to a given stand are used, but the
practice may be modified if its application will
seriously impair other resources.
22
CHAPTER 216-A EXPANSION OF STATE PARK SYSTEM
  • Section 216-A1 Intent. It is the intent of the
    general court that a comprehensive state park
    system shall be developed, operated, and
    maintained to achieve the following purposes in
    order of the following priority     I. To
    protect and preserve unusual scenic, scientific,
    historical, recreational, and natural areas
    within the state.     II. To continually provide
    such additional park areas and facilities as may
    be necessary to meet the recreational needs of
    the citizens of all regions of the state.    
    III. To make these areas accessible to the public
    for recreational, education, scientific, and
    other uses consistent with their protection and
    preservation.     IV. To encourage and support
    tourism and related economic activity within the
    state.
  • Source. 1961, 2631. 1985, 3893, eff. June 25,
    1985.

23
227-H8 Use of Land for Recreational Purposes.
Any land acquired by the department or under
its jurisdiction, pursuant to this chapter, may,
in the discretion of the department, be used for
public recreational and park purposes, provided
that such use is not contrary to the conditions
incident to any bequest or gift. Source. 1995,
2991, eff. Jan. 1, 1996.
24
Administrative Rules
  • Res 7301.03 Authority of DRED Personnel.
    Persons shall obey all requests made by
    authorized DRED personnel in matters of public
    interest, public safety, or resources protection.
  • Res 7301.04 Violations. Any person violating
    any rule contained in this chapter shall be
    evicted from the property and shall be guilty of
    a misdemeanor.
  • Res 7301.05 Protection of Natural Features. No
    person shall remove or damage any structure,
    plant, marine life, or natural feature on DRED
    properties.
  • Res 7301.06 Protection of Historic Resources.
    No person shall remove or damage any historic
    property or historic and cultural resource on
    DRED properties without the permission of the
    director and the concurrence by the department of
    cultural resources, division of historical
    resources.

25
  • Res 7301.07 Restrictions in Public Use.
  • (a) State parks and recreation areas shall be
    open for use unless closed by posting.
  • (b) State parks and recreation areas shall be
    closed or restricted by authorized DRED personnel
    if
  • (1) A governmental subdivision requests the
    department to close a specific park at a time
    which the department deems reasonable
  • (2) There is a need to reduce vandalism
  • (3) There is a concern for public safety or
  • (4) There is any other reason to protect the
    natural or other features, and resources of the
    park.
  • (c) Park operating hours and restrictions in use
    shall be posted at the park.
  • Res 7301.10 Firearms. No person shall use
    firearms within 300 feet of a developed
    recreation area or occupied building, or within
    300 feet of trails or roads.

26
  • Res 7301.11 Hunting.
  • (a) Hunting shall not be permitted at all state
    historic sites, the Urban Forestry Center,
    Odiorne Point state park, Opechee Bay state
    forest and Shieling state forest.
  • (b) At Bear Brook, hunting in the area known as
    the reservation east of Podunk Road shall be
    limited to bow and arrow.
  • (c) Portable tree stands shall be permitted for
    the purpose of hunting, provided that they are
    temporarily installed without driving nails or
    inserting other devices permanently into a tree
    and that they are removed without damage to any
    vegetation. The tree stand shall be stamped into
    or attached with a durable waterproof tag with
    the name, address and telephone number of the
    user in legible form.

27
  • Res 7301.14 Fires.
  • (a) Fires shall be permitted only in places
    provided or designated for that purpose, or as
    posted.
  • (b) Portable grills shall be permitted, provided
    that the park or beach area has places provided
    or designated for use of grills and that the ash
    and unused charcoal are emptied only into unused
    fireplaces or receptacles provided for that
    purpose.
  • (c) Trash burning shall not be permitted.
  • Res 7301.15 Littering and Sanitation.
  • (a) No person shall dispose of garbage, sewage,
    trash, debris or any other refuse or waste
    material of any kind on DRED properties except in
    campgrounds, concession areas, and at the Hampton
    Seashell complex where places and receptacles are
    provided for such purposes.
  • (b) State parks and recreation areas shall be
    carry in and carry out. For the purposes of this
    rule, carry in and carry out means that persons
    visiting a state park or recreation area shall
    take any trash generated by them with them upon
    their departure.

28
  • Res 7301.17 Boats. No person shall leave a boat
    unattended on any DRED properties or adjacent
    waters, except at occupied camp sites and
    designated boat storage facilities.
  • Res 7301.19 Metal Detectors.
  • (a) Metal detectors shall be permitted along the
    shoreline of state park beaches and at athletic
    fields, playgrounds, and 25 feet from picnic
    tables and pavilions, unless otherwise posted.
  • (b) No person shall use metal detectors at state
    historic sites, including Odiorne Point state
    park.
  • (c) Money or items found whose value is in
    excess of 5.00 shall be reported to the park
    manager or regional supervisor.
  • Res 7301.20 Digging.
  • (a) Digging shall be permitted on sand beaches
    with all resulting holes completely filled in.
    Digging holes to a depth greater than 12 inches
    shall not be permitted.
  • (b) Digging and other ground disturbances shall
    not be permitted at state parks and historic
    sites except as permitted by the director with
    concurrence of the department of cultural
    resources, division of historical resources.
  • Res 7301.22 Constructing or Erecting Structures.
    No person shall construct or erect any
    structure, such as but not limited to rope
    swings, diving platforms, or permanent tree
    stands or blinds, unless permission has been
    granted by special use permit pursuant to Res
    7306.

29
  • Res 7301.24 Fireworks. No person shall use
    fireworks on any DRED property unless permission
    has been granted by special use permit pursuant
    to Res 7306.
  • Res 7303.02 Swimming. No person shall swim at
    any DRED property except in areas designated by
    lifelines.
  • Res 7303.03 Glass Bottles. No person shall have
    glass bottles on any beach.
  • Res 7303.04 Fires. No person shall have fires
    or portable grills on any beach.
  • Res 7303.05 Swimming and Floatation Equipment.
  • (a) No person shall use oars, paddles, electric
    motors or other propulsion devices used to propel
    inflatables or other floatation equipment in
    designated swimming areas.
  • (b) No person shall use boats, canoes, kayaks,
    and other watercraft in designated swimming
    areas.
  • (c) No person shall use boats, inflatables and
    other floatation equipment, and skim, boogie or
    surfboards in Archery Pond in Bear Brook.

30
  • Res 7303.06 Digging. No person shall dig holes
    on sand beaches unless all resulting holes are
    completely filled in.
  • Res 7303.07 Scuba Diving. No person shall scuba
    dive in designated swimming areas and in Archery
    Pond in Bear Brook.
  • Res 7301.13 Soliciting. No person shall conduct
    commercial activity and canvassing on DRED
    properties unless permission has been granted by
    special use permit pursuant to Res 7306.
  • Res 7306.01 Special Use Permit Required. A
    special use permit shall be required for the
    following uses of DRED properties
  • (a) Holding organized or special events which go
    beyond routine recreational activities
  • (b) Use of a park, park buildings or park
    facilities for a length of time
  • (c) Any organized event or use of park
    facilities during the non-operating season
  • (d) Any event taking place during non-operating
    hours
  • (e) Any event which requires park staff to
    provide services other than services for routine
    park operations
  • (f) Any organized event at which the organizer
    or their agent is either selling or serving
    alcohol or
  • (g) Any organized event at which the organizer or
    their agent is conducting for commercial
    purposes, including fundraising and charity
    events.

31
3. Property Characteristics
  • Historic and Cultural Resources
  • Rare Plants and Natural Communities
  • Recreation

32
Cultural Resources
  • Non Renewable
  • Fragile
  • Rare

33
Cultural Resources
  • Identify
  • Evaluate
  • Treatment

34
New Hampshire Natural Heritage Bureau
  • Functions
  • find,
  • track, and
  • facilitate the protection of New Hampshire's
  • rare plants and
  • exemplary natural communities

35
What is an "exemplary natural community"?
  • A natural communities are recurring assemblages
    of plants and animals found in certain physical
    environments.
  • Some natural community types are rare, others are
    common.
  • "Exemplary"
  • largely undisturbed examples of common types
    (e.g., old growth), or
  • almost any example of rare types (e.g Atlantic
    white cedar swamps).

36
Natural communities at the Ossipee Natural Area
are exemplary because they are large relatively
undisturbed (inland peatland) and/or rare in New
Hampshire (shoreline).
At and adjacent to the shore (sandy pond shore
system) Globally Rare Hudsonia inland beach
strand Only known example in the state Twig-rush
sandy turf pond shore One of two known
examples State Rare Bulblet umbrella-sedge open
sandy pond shore lt 20 known or suspected
examples Water lobelia aquatic sandy pond shore lt
20 known or suspected examples Common Sweet gale
- speckled alder shrub thicket Relatively common
in NH
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Location of Sandy Pond Shore System
Sandy Some organic soil Wave action Water level
Richer soil Drier
Typically underwater (shallow)
40
Location of Sandy Pond Shore System
Hudsonia Beach strand Twig-rush Pond Shore Open
Sandy Pond Shore
Shrub Thicket
Aquatic Sandy Pond Shore
41
What is a 'rare' species?
  • A species that is at risk of extinction,
  • due to small population size and/or threats to
    its habitat
  • either throughout its range ('globally rare')
  • or in New Hampshire ('state rare')

42
Rare Species
  • Hairy Hudsonia ( state threatened)
  • Grassleaf Goldenrod (state endangered)
  • Mermaidweed (state endangered)
  • Swamp Birch (state endangered)

43
Listed as Endangered
44
Listed as Threatened
45
Listed as Endangered
46
Listed as Endangered
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49
Recreational Opportunities
  • Heath Pond Bog
  • Walking Trail to bog
  • Snowmobiling (Ossipee Valley Snowmobile Club)
  • Pine River State Forest
  • Walking, hiking, biking on forest roads
  • Fishing in the Pine River
  • Hunting
  • Snowmobiling (Seven Lakes Snowmobile Club)
  • Pine River Boat Launch
  • Boating
  • Fishing in River
  • Ossipee Lake State Park
  • Fishing
  • Boating
  • Swimming

50
Questions
51
Management Challenges
  • Unmanaged recreational use
  • Unauthorized uses (campfires,etc.)
  • Sanitation
  • Limited access to property (water only)
  • Threats to cultural resources
  • Loss of rare plants and unique natural
    communities
  • Conflicting resource values
  • Availability of state resources for management

52
Public Comment
53
Break Out SessionsOPTIONS IMPLICATIONS -
RESOURCES
  • What are the management options consistent with
    the statutory limits and the attributes of the
    property?
  • What are the implications of those options to
    recreational use, protection of ecological
    values, and protection of cultural resources?
  • What resources are necessary to support
    implementation of a give option?
  • What resources might be available to help
    implement a given option?

54
Comments
  • Ossipee_at_dred.state.nh.us
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