Public raises legal and conservation questions about Brock’s quarry use and Heron Pond; selectmen say conservation deed and survey are in budget

Public comments at the Jan. 27 Board of Selectmen meeting highlighted outstanding conservation and permitting issues at the Brock gravel property and Heron Pond and asked the town to clarify next steps.

Suzanne Fournier, coordinator of Brock’s Environmental Citizens, told the board town crews had cut vegetation near a stream on the Brock property and she expressed concern that work had already occurred in wetland areas without required protections. She noted the NHDES Alteration of Terrain (AOT) permit requires a recorded warranty deed with conservation restrictions before certain project activities commence and said the deed recording is a condition stated in the permit. The board confirmed that funding for a final survey and to prepare the deed restriction instrument is included in the proposed FY2025 budget under consulting services and town administration, and that the town is preparing the legal instrument with counsel.

Fournier and other speakers emphasized that the AOT imposes limits on water‑level management at Heron Pond for the protection of rare wildlife. She read permit language that prohibits water management during the turtle‑hibernation period (Sept. 15–May 1), restricts sudden daily water‑level changes to no more than six inches during the active season, and bars lowering pond levels below levels necessary to sustain identified rare wildlife habitat. She said an incident on July 15, when the pond was drained, was under investigation by NHDES.

Town staff and selectmen said the town had budgeted money to finish survey work and to prepare the deed restriction and that they had been coordinating with counsel and the landowner’s engineers about the property access question and the remaining material inventory for an extraction contract. Camille Patterson, community development director, said the town is seeking to complete survey and deed work so federal/state permit conditions can be satisfied and so the town can continue to coordinate prospective use and conservation of parts of the 270‑acre property.

Fournier also announced publicly that a plan to preserve a roughly 75‑acre portion of the Brock tract has been completed and that American Rivers and other partners have discussed funding and mitigation components tied to the AOT. Town staff confirmed the conservation deed and deed‑restriction work is in progress and will reference the final survey plan when recorded.

Ending: The selectmen said funds for the survey and legal instrument were included in the proposed budget and that town staff will continue to coordinate with counsel and state agencies. NHDES has been asked to clarify whether the July incident is a violation and staff said the town will proceed with the required recording and permitting steps before more AOT‑regulated work begins.