NH Conservation

1989: Nash Stream Easement

9-25-2001: Tom Wagner, WMNF to Paul Stockinger, request for deed interpretation re. ATVs in Nash Stream State Forest.

2001: Gene Allen Erl to Paul Stockinger, opinion on deed interpretation re. ATVs in Nash Stream State Forest.

1994 DRED Nash Stream overview: " Can I use my ATV or trail bike at Nash Stream? No. Snowmobiles are the only OHRVs permitted on roads and trails specifically designated for their use; there will be no off-trail, cross country use. Mountain bicycle are allowed on established roads and trails unless otherwise noted."

2-7-2002: ATV subcommittee minority report' "As you know, AMC and TNC have publicly expressed our opinion that ATV use is inconsistent with the purposes for which Nash Stream State Forest was acquired, and with the intent and letter of the existing management plan. As members of the Nash Stream Citizens Advisory Committee, we would exect that any recommendation to DRED to allow the trail use of ATVs on Nash stream State Forest would be the result of a fair and well-informed process that considers and addresses the many issues associated with this use. Such a decision should not be inappropriately legitimized by reference to a study Committee that collected little information, identified no issues or concerns, and produced no written report that could help inform the Nash Stream Advisory committee, DRED, the legislature, or the public."

5-5-2016: AMC, SPNHF, TNC to CORD; "Our three organizations are writing to advise you of our deep concern about the legal status of the two existing ATV trails in Nash Stream State Forest. After careful review of the most recent Nash Stream Management Plan, as well as the existing New Hampshire statutes governing ATV trails on state lands, we conclude that the existing trails on the Nash Stream property are not in compliance with state law. "

Attorney Vandlik 2017 "reaffirmation" of Erl legal opinion allowing ATVs in Nash Stream State Forest

8-20-2020: AMC, TNC, SPNHF to CORD; "Kelsey Notch does not meet the requirements of RSA: 215-a...the management plan in effect in 2012 did not permit the creation of this trail."

9-21-2020: Ropes and Gray to AMC :"Based on my research of relevant New Hampshire law and regulations applicable to snowmobiles, all-terrain vehicles (“ATVs”) and other off-highway recreational vehicles (“OHRVs”), I conclude that the legal opinions set forth in the Opinion regarding the permitted use of use of ATVs on the tract of forest land known as the “Nash Stream Tract” and subject to the Easement Deed are inconsistent with applicable New Hampshire law. ""

11-11-2020: AMC to CORD; "CORD has the statutory obligation to maintain public access to LCIP lands, “where appropriate.” Because the Kelsey Notch Trail is not in conformance with the law, as outlined in our August 20, 2020 letter and previous communications, we ask that the Council take immediate action to suspend all ATV use on the Kelsey Notch Trail."

3-15-2021: FOIA to Forest Service re Nash Stream ATV use documents

6-9-2021: FS response explaining redactions

6-9-2021: FS response to FOIA; two redacted documents

9-8-2021:FOIA to FS; "...documents written by USDA Attorney John Vandlik in 2001 and 2017 which ‘reaffirm’ Attorney Gene Erl’s 2001 opinion (attached) that the conservation easement deed for Nash Stream State Forest, in Coos County New Hampshire, gave the State of New Hampshire the right to allow Off Highway Recreational Vehicles in Nash Stream State Forest.

9-8-2021: FS response.

November 20, 2021, K. Pastoriza response to Nash Stream Citizens' Committee meeting

1-3-2022: Public request for an additional meeting of the Nash Stream Citizens' Committee and State Lands Teams to discuss ATV issues in Nash Stream

1-7-2022: DNCR letter in response, denying ATV problems.

1-14-2022: Public response to DNCR stating that ATV use is in violation of the Nash Stream Forest easement

2-14-2022 K. Pastoriza letter to WMNF Forest Supervisor

3-8-2022: WMNF Forest Supervisor letter to K. Pastoriza

3-21-2022 K. Pastoriza letter to Forest Supervisor

4-22-22 letter Forest Supervisor to K. Pastoriza

August 2, 2022: WMNF/USDA FOIA response letter

2022:USDS attorney Vince Vukelich to WMNF Supervisor Derek Ibarguen: "Based on Gene Erl's opinion (which we have reaffirmed in 2001, 2017 and I reaffirm here in 2022) if the state proposes to allow cross country ATV use, we have a strong argument that right was not reserved by the State and therefore we could block that type of use."

Lidar image of Kelsey Notch cross country ATV road through Nash Stream State Forest.

1 of 6 FOIA response re WMNF and ATVs in Nash Stream

2 of 6

4 of 6

5 of 6

6 of 6

August 3, 2022: Letter to Chuck Henderson/Shaheen re. WMNF failure to respond re Nash Stream Conservation Easement

September 14, 2022: Kris Pastoriza to Attorney Vukelich and Attorney Vandlik, USDA/USFS

September 14, 2022: Attorney Vukelich to Kris Pastoriza

September 22, 2022: Kris Pastoriza To Attorney Vukelich

Kelsey Notch 1992-1998

Kelsey Notch aerial 2003. Blue dots mark Nash Stream State Forest boundary

Kelsey Notch 2008

Kelsey Notch 2009

Kelsey Notch 2011

Kelsey Notch 2014

Kelsey Notch 2016

Kelsey Notch lidar east

Kelsey Notch lidar west

November 9, 2022: Kris Pastoriza to Nash Stream Forest Citizens' Committee and DNCR.

November 17, 2022: N.H. Violates RSA 215-A:42. Jamie Sayen compilation submitted to Nash Stream Citizens' Committee

November 28, 2022: Caledonian Record, Concerns Raised about OHRVs in Nash Stream State Forest

November 29, 2022: Kris Pastoriza to Nash Stream Forest Citizens' Committee

January 12, 2023: Chronology of ATVs in Nash Stream State Forest, presented to CORD

January 17, 2023: Comments to CORD after January 12th meeting.