Responsiveness Summary  - Water Resources Draft, RIVERBEND 
12/20/07

The Connecticut River Joint Commissions and the Riverbend Subcommittee appreciate the review and comments provided by the following agencies and organizations. In the summary below, the comment is listed followed by the Riverbend Subcommittee’s response, indicated in italics. 

NH Department of Environmental Services

1.	 	A more recent Economic Value Study that is referenced on page 6 has just been released. (Provided 	summary of findings to subcommittee. Incorporated in final version)
2.	 	The fourth sentence on page 7 should be amended to read: “Domestic on-site systems must treat be 	inspected to ensure they will treat sewage adequately.” (Change made)
3.	 	In addition to the information provided on page 16 relative to instream flow, DES will soon establish a 	Protected Instream Flow (PISF) for the Souhegan and will be developing its Water Management Plan over 	the next few years. (noted)
4.	 	If HB 663 is signed by Governor John Lynch, funds will be added to the Shoreland Protection Program, as 	discussed on pages 34-35, to hire six additional staff members to enact a permitting program and increase 	enforcement of the provisions of the Act.(news was welcomed)
5.	 	Some additional recommendations that may be worth considering for roads and railroads include: 1) 	referencing the NH Fish and Game Department’s Stream Crossing Guidelines to properly size culverts for 	fish passage and 2) increase the minimum design standards for bridge and culverts to reflect current climate 	research conducted in New England. (Michael Simpson with Antioch New England Graduate School 	recently completed a study in the Ashuelot watershed, which found that 48% of culverts in the study are 	likely to be undersized due to an increased frequency of more intense precipitation amounts.)(discussed and 	added to text)
6.	 	Some additional recommendations that may be worth considering for stormwater runoff include: 1) 	requiring the infiltration of all stormwater runoff from any residential and commercial development on-site 	(agreed to recommend this) and 2) restricting the percentage of impervious surface allowed on each site. 	(will recommend instead that NH develop guidelines and standards for impervious surfaces, and 	encourage use of pervious surfaces; concern is that there may be commercial or industrial properties 	where a restriction on impervious surface may be difficult to achieve)

Vermont Department of Environmental Conservation
submitted by Ben Copans, basin planner: I have finally had a chance to look through the draft water resource management chapters for the upper valley and river bend regions. This is some amazing work, and some great ideas for improving water quality. I do have a few small comments: include the gauging station in Victory on the Moose and on the East Branch of the Passumpsic and on the Sleepers River and Pope Brook in the Passumpsic River watershed.  (gave web addresses) (added to text)

3. Vermont Department of Forests, Parks, & Recreation
submitted by Louis Bushey, State Lands Forester
As a resident of Barnet and a regular paddler and angler, one of the biggest impacts to water quality that I see is new home construction. CRJC should encourage the development of BMP for construction sites and driveways. It is very easy to find small sources of sedimentation just by following the concrete trucks. These BMPs should be required as part of permitting process prior initiating any building.(Subcommittee agrees this is a good idea, but that local enforcement will likely be a problem. Could be handled through education, and presented as a way of saving the public money. States need to develop these BMPs.)

Connecticut River Watershed Council
1.	 	The difference between the headings environmental agencies, DES and DEC should be made clear. (done).
2.	 	Individual plans call on DES or DEC to undertake certain activities (such as establishing aquifer mapping 	or water registration programs) when the plans should actually be addressing the legislatures of the two states.  (agreed, but often state agencies prompt the legislation)
3.	 	Both states should be called upon to fund or continue funding a state CREP program relieving farmers of 	providing all of federal match required and to allow for projects that do not meet the federal guidelines for 	‘pay back’, essentially allowing the state to fund projects the federal program won’t. All the plans should 	stress this program. (agreed, added to text)
4.	 	NRCS is not in the land or easement ownership business, this should instead be directed to land trusts that 	have the capacity to set up and monitor these lands.  Land trusts could also include flood storage and 	erosion as part of their land plans for the property. (NRCS, through the county conservation districts, has 	several conservation easements in the Riverbend region.)
5.	 	Enforcement in both states should not just be recommendations and permits that are out of compliance with 	the law should not be issued.  If permits that are not in legal compliance are discovered someone (for 	example, CRJC, CRWC, LRASC) should appeal the permit. There should be an active volunteer effort to 	assure compliance with permit conditions whether it’s a water quality, flood plain development of shoreland 	protect violation, etc. (The Subcommittee already has a role in permit review, but does not have a 	regulatory role). 
6.	 	The plan should call on all of us to anticipate global warming – riparian zone protection for shade, advocate 	for elimination of thermal discharges throughout the watershed. (Shade benefits from riparian plants is 	already included in the plan; the only thermal discharge in the Riverbend region is less than or equal to 	one degree above ambient river temperature, and was made necessary by closing of the Gilman paper 	mill.)
7.	 	Water quality sampling should include sampling for chemical contamination – monitor for endocrine 	disrupters and other drugs. There is mention of drugs as an action that people should take in handling their 	own prescriptions but few people know that there is any kind of problem. Water quality tests that document 	the problem could have the same education value as has mercury sampling and education leading the 	heightened awareness of mercury in the environment. (such testing is extremely expensive and may not give 	a complete view of the problem; subcommittee is hesitant to recommend)
8.	 	CRJC should review and monitor the management, expansion and construction of electric transmission 	lines. (the subcommittee has done this through permit review)
9.	 	The plan should call on the Vermont legislature to create water withdrawal registration.(the plan does make 	this recommendation)
10.	 	The plan should call on a regulatory agency to monitor and comment on rail line spraying plans to lessen 	the environmental impacts on the river.(Herbicide use in VT must be approved by an agency herbicide 	council, and the public must be notified through the newspaper. Subcommittee considers this sufficient.) 
11.	 	Farm riparian buffers are required in Vermont at 10 feet and should be adopted in New Hampshire. (will 	add this to text)

John Severance, Connecticut River Commissioner

1.	 	Not sure where this would fit in, but inclusion of the ‘best colonies in America of dwarf wedge mussels’ are 	in this subcommittee’s area and Ethan Nedeau work references would seem appropriate.(added to text)
2.	 	Page 12. Might be nice to add a map at back of report showing these ‘Metals and other elements’ sites. 	(such a map is planned). Might be appropriate to add further language that people not only question 	‘whether it is truly worth the effort to separate this trash’ to include all recycling costs. (this is appropriate 	for regional planning commissions)
3.	 	Page 14. Recommendations- 7th bullet- States and local fire departments should enforce..’  (Added this and 	reference to local fire wardens, for those towns without fire departments). 9th bullet- either add or perhaps 	have a 10th  bullet, ‘Develop a Standard Method for conducting this type of study’ (This might open door 	for other entities to fund and conduct this valuable needed work)(will add to text)
4.	 	Page 16. 1. Instream Flow. Third line down- and especially aquatic habitat. ….(altered text)
5.	 	Page 17. Quote from the US Army Cops of Engineers, third line of quote ‘positive impact on natural 	resources by curtailing or minimizing further loss of natural habitat.’ Might be worth including a sentence 	referring back to the NH Economic Study (mentioned in the Intro.) stating that the ACOE probably did not 	include this type of analysis in their figures?? (is being addressed in Riverwide Overview)
6.	 	Page 20. Recommendations- 4th bullet, (about undersized culvert assessments), might add something about 	develop a simple method to calculate/determine this in chart or graph form. (the states’ design handbooks 	are out of date with respect to current storm precipitation amounts, but available; are recommending 	update)
7.	 	Page 26. Recommendations, 6th bullet at bottom of page- should add Town Conservation Commissions as 	possible entities to survey the riverbank for the presence of eroding cavities. (Seems the local folk might have a handle of these and any possible increase in number or size.) (Subcommittee believes that the states 	depend too much upon volunteers for surveys such as these). 
8.	 	Page 29. 3.Protecting drinking water supplies, 7th line down, might add ‘protective radius or plume area 	around their wells’… [NH DES sometimes uses topo plume mini-watersheds feeding the well if it is a 	ground water (gravel packed) municipal well.](added to text) Recommendations. Bottom of page, 2nd bullet- 	NH should continue to develop and improve maps. (added to text) 
9.	 	Page 30. new bullet suggestion for Recommendations for groundwater- States and towns should promote 	(or reward or credit) developers that provide vegetative buffers and maintain hydrologic connectivity of 	wetlands within projects.  (added to text)
10.	 	Page 31. 2. Combined sewer overflows, add to last sentence before table 3.- Required flow charts in WWTF 	clearly display evidence (increased flow spikes) of this occurrence during & after storm events. (added to 	text)
11.	 	Page 33. Recycling- Consider adding, Numerous towns require or encourage recycling and some have 	implemented ‘pay as you throw’ programs that promote residents to recycle.(added to text)
12.	 	Page 35. last sentence  before Vermont Shoreland Protection, near top 1/3 of page, still fourth order? Or 	will it soon be third order? (Not unless the NH legislature adopts new legislation, after rejecting it in 2007)
13.	 	Page 36. near lower 1/3 of page, Varves- last sentence.  ‘then the board can better decide whether… 	‘(added to text)
14.	 	Page 37. Bullet ,’NH-DES should enforce the Shoreland...Act and provide GIS data and maps of areas.’ 	(This item is covered in the Riverwide Overview.)
15.	 	Page 40. 2nd paragraph, fifth line, Should add, Littleton has similarly provided ‘waste collection stations’ 	along Mill Street to protect the Ammonoosuc River.  (added to text)
16.	 	Page 42. Recommendations for farming. 3rd bullet- ‘and not rely solely upon voluntary’(added to text) 	Recommendations for forests. Add a second bullet- skidder ruts should be smoothed and seeded as soon as 	possible once a timber harvest is done. (added to text)
17.	 	Page 47. 1. NH, fifth line of first paragraph; ‘483-B:8’ is another example of an RSA that should be added 	to an appendix of RSAs. (Suggested an appendix of relevant RSAs)(there will be an appendix describing 	483, but not other legislation. 

CRJC Water Resources Committee

1.	 	Fish tissue sampling: Should consider recommending going back every so often to track progress, such as 	every 5-10 years, but not recommend a follow up study just for the sake of another study. Participate in 	study design.(added to text)
2.	 	RR/Utilities: encourage vigilance on utility line herbicide treatment for vegetation maintenance; could 	require no chemical treatments where lines cross waterways. Encourage use of native groundcover that 	grows thick with an extensive root system but does not grow tall. (added to text)
3.	 	Stormwater: encourage use of best management practices for construction sites and driveways. (added to 	text)
4.	 	Buffers: mention required VT farm buffers, although only 10'; call upon states to continue to fund or to 	create a CREP program. (added to text)