Leavens Withdraws Petition - It's Over (for now)

Vermont Natural Resources Board
Water Resources Panel
10 V.S.A. Ch. 151

To:	Interested Persons
From:	John Hasen, General Counsel, Natural Resources Board
Date:	July 22, 2008
Re:	Use of Public Waters: Proposed Rules for Holland Pond

__________________________________________________________

On June 17, 2008, the Water Resources Panel of the Natural Resources Board filed with the Office of Vermont Secretary of State proposed Use of Public Waters Rules for Holland Pond. The rules were filed in response to a petition filed by Gary Leavens.

The rules propose:

a. to prohibit the use of personal watercraft; and

b. to prohibit the operation of vessels powered by a motor in such a manner as to cause a disturbing wake.

On July 16, 2008, the Panel received a letter from Mr. Leavens, asking that his petition be withdrawn.

On July 22, 2008, the Panel met to discuss the July 16 request and voted to withdraw the proposed rules.

Therefore, as a result of the Panel's vote:

1. The Panel withdraws the proposed Use of Public Waters Rules for Holland Pond.
   
2. The hearing on the proposed Use of Public Waters Rules for Holland Pond, scheduled for July 31, 2008 in Holland, Vermont, is cancelled [sic]

93 Boat Photos

We've scanned and uploaded all the photos of boats, water-skiing and tubing on Holland Pond that we've collected. Click the photo below to see the slide show of them. Thanks to everyone who contributed photos!


http://flickr.com/photos/leeives/sets/72157605940715554/show/

Proposed Ammendment Documents

See website below for more documentation, including economic impact statement.

http://www.nrb.state.vt.us/wrp/rulemaking/upw2008/filedrule.htm

Update on VT Natural Resources Website

The proposed rules (a) provide a definition of "disturbing wake" in Use of Public Waters Rule 5.2; (b) prohibit personal watercraft (jetskis) and "disturbing wakes" caused by motorboats on Holland Pond; (c) prohibit waterskiing in the Retreat Meadows Basin of the West River; and (d) prohibit "disturbing wakes" on Somerset Reservoir.

The Panel has proposed this rule for the purpose of receiving public comment. The Panel will decide whether or not to adopt the proposed rule only after carefully considering all public comments received at the public hearings scheduled for this matter and in writing. In evaluating the proposed rules and related public comments, the Panel will be guided by section 2 of the current Vermont Use of Public Waters Rules and 10 V.S.A. § 1424. The Panel’s decision will be in writing. Copies of the decision will be posted on this web site and will be mailed to all persons on the Panel’s distribution list for this matter and to any additional persons who attend the public hearing, who file written comments with a mailing address, or who otherwise indicate that they would like to receive a copy.

Part of how they will evaluate Leavens' petition, from http://www.nrb.state.vt.us/wrp/publications/upw2007.pdf:

2.2 In evaluating petitions and associated public comments, the following factors, at a minimum, will be considered: the size and flow of navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating, and bathing facilities, and the scenic beauty and recreational uses of the area.

The public waters will be managed so that the various uses may be enjoyed in a reasonable manner, considering safety and the best interests of both current and future generations of citizens of the state and the need to provide an appropriate mix of waterbased recreational opportunities on a regional and statewide basis.

2.3 In evaluating normal recreational and other uses, the following uses will be among those considered: fishing, swimming, boating, waterskiing, fish and wildlife habitat, wildlife observation, the enjoyment of aesthetic values, quiet solitude of the water body, and other water-based activities.

Older Photos Uploaded

Will get the rest of them scanned, uploaded, printed and sent into the board next week after the holiday. To see the ones we already have uploaded, click on this photo below.