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Town of Henniker, New Hampshire Conservation Commission 2000 Minutes Minutes of the Henniker Conservation Commission Special Meeting July 26, 2000 - 7:00 PM at the Grange Building Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, Denise Rico, Martha Sunderland, and Pete Walker. Also Present: Steve Couture (NH Dept of Environmental Services), Gile E. Sievers (French Pond property owner), Howard and Pat Proctor (French Pond property owners), Eric Stepick Ayes, Bob Gosse (Tall pines Cottages -Keyser Pond), Lou Hoitsma (French Pond Assoc), and Karol Dermon. This was a special meeting held to host a presentation by Steve Couture of NHDES to discuss water quality issues and lake and stream sampling techniques. Items of Discussion: 1. 319 Grant Application - Steve Couture spoke about strategies for preparing a 319 grant application to obtain monies for water quality improvements for French and Keyser Ponds and Henniker’s other water resources. Following is a listing of his suggestions: Short Term Water Quality Goals for French and Keyser Ponds Identify sources of phosphorous input. (For example: walk watershed to look for potential problems -- areas of overland flow or surface runoff areas.) Develop BMPs (Best Management Practices) to stop phosphorous input. Find funding to implement BMP solutions. Develop an education and outreach program. Long Term Water Quality Goals for French and Keyser Ponds Once phosphorous input has been eliminated, the water bodies can be treated with phosphorous inactivation or alum treatment. Steve also spoke of establishing a more comprehensive approach to water quality issues -- a “Henniker Water Quality Initiative” -- where water bodies would be monitored and base line data collected for other major water resources in town. This might consist of Voluntary Lake Assessment Programs (VLAPs), phosphorous and E. coli sampling, and rain event turbidity monitoring. He suggested the possibility of writing the grant to include water sampling equipment ($500-$1000). The 319 grants can be up to $20,000. This grant money requires matching funds, but Steve said the funds could include “soft match” -- volunteer hours at $10/hour. Steve said the more specifics included in the grant proposal, the more likely it is to be approved. Steve offers assistance writing “Quality Assurance Project Plans” for water quality monitoring projects. 2. Water Sampling Techniques - Steve gave a demonstration and discussed the protocol for stream and lake sampling techniques. The DES lab will perform the following tests for no charge: conductivity, turbidity, pH, chlorophyll A, plankton, oxygen, temp. profile. E.coli is $11/sample and phosphorous is $10/sample. He handed out a DES Fact Sheet for NH VLAP and directions for tributary and in-lake sampling techniques (attached). DES will loan water quality sampling equipment to towns. 3. French and Keyser Pond Water Quality Issues - Several members of the French and Keyser Pond Association were present and informed Steve Couture and the Commission of chronic water quality issues in both of the ponds. The Association was formed in 1988 after an algae bloom on French Pond. DES compiled and released a “Diagnostic Feasibility Study” on French Pond at that time. Since then the Association has addressed the following issues: bathing in the pond, washing machines and dry wells that discharged into the pond, faulty septic systems (checked with dye), metal float barrels on docks, and hogs in a tributary stream. They were successful in eliminating many of these phosphorous sources. The Association has been monitoring the water since 1988. They sample 3 times a year in June, July or August, and September. There are three seasonal input streams into French Pond -- French, Launch, and Cow Brooks -- they are still carrying phosphorous into the pond (this has been determined from sampling). There is one outlet from French Pond that feeds Keyser Pond. Two years ago there were algae blooms in both ponds. Last year, both ponds appeared fine. This year there is a bloom in French Pond - the clarity (1.9 meters) is the worst they have measured since they began sampling (the average of their past clarity measurements is 3-3.5 meters). There is now a “strange, green, mushy, slime” that is on the bottom of the shallow areas of French Pond that they have never seen before. It started in May and has worsened. There is a concern among the Association members present about an abandoned farm pond that outflows into Launch Brook; they believe it to be a significant source of phosphorous. (Pete said it may be adjacent upland use that is the source of the phosphorous.) There are other concerns about large boat motors disturbing the sediments in the pond, about invasive exotic weeds, about a lack of concern for the importance of these water bodies to the town’s economy and to fishermen. The Association members present are willing to contribute volunteer time to help solve these water quality issues. Mark will be receiving water sampling data from Mr. Hoitsma. Pete asked Steve if the information in the DES report (mentioned above) is still valid. Steve answered, yes. Steve said he is interested in obtaining information on any septic improvements that may have been made. 4. Issues for discussion for August meeting - Pats Peak’s water withdrawal permit appeal. - NRI plan and the hiring of a consultant. The meeting was adjourned at 10:00 PM. The next regular meeting will be held on Wednesday, August 2, 2000 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of Henniker Conservation Commission Special Meeting August 15, 2000 7:00 PM, Town Hall Commissioners Present: Roni Hardy (Acting Chair), Mark Mitch, Denise Rico, Martha Sunderland, and Pete Walker Items of Discussion: 1. Letter from DOT – The Department of Transportation is planning an upgrade of Rte 114 from the intersection at Rte 202, north to the intersection of Rte 103 in Bradford. They are requesting information for the area adjacent to the highway. It was noted the scope of work was unclear from the letter. Roni will draft a letter outlining the Commission’s concerns regarding Amey Brook and associated wetlands. 2. Henniker Crushed Stone Site Visit – Pete, Roni, and Denise made a site visit on August 6, 2000. Several areas of concern were noted. Denise will draft a letter addressing the issues that pertain to both the Site-Specific Permit application for expansion and the Dredge and Fill Permit application. Concerns center around the continuing water quality issues in Amey Brook. The Commission needs to acquire a copy of the DES “Order by Consent” issued to Patenaude Properties. Aerial photos will be checked to see if the age of the Amey Brook crossing can be determined. 3. Pats Peak Appeal – It was decided the Commission will draft a brief letter stating that it had approved the Dredge and Fill project based on statements by Pats Peak that it would limit the amount of water withdrawn from Craney Pond. If Pats Peak retracts its agreements, the Commission cannot support the project. Minutes of all the meetings where representatives from Pats Peak were present will be attached. Roni will draft the letter. 4. Henniker Lake Sampling for NRI – Mark is writing a letter to volunteers to begin lake sampling Sept 9-10 on 8 or 9 lakes. Martha is compiling the list of volunteers. Sampling will include a phosphorous sample. 5. Connor Wetland Remediation – A representative from DES will accompany the Commission to meet with the Connors on site. DES will contact the Commission to set up an appointment. The meeting was adjourned at 8:45 PM. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission September 6, 2000 - 7:30 PM at Town Hall Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, Denise Rico, Martha Sunderland, and Pete Walker. Items of Discussion: 1. Minutes August 2 & August 15, 2000 minutes were approved. 2. Mail a. Pats Peak 401 Water Certification approval letter from the New Hampshire Department of Enviromental Services (NHDES). The approval required that Pats Peak meet the conditions stated in the Standard Dredge and Fill Permit approved previously. Pats Peak is also asked to conduct an assessment of potential impact in the third year of pumping. b. Letter from DES acknowledging the receipt of Request for Reconsideration stating DES anticipates to take action around Sept 15. 3. 319 Grant Proposal The meeting with Steve Couture of DES to draft the grant proposal will be 7PM Sept 25 at the Grange. Denise will call the French Pond Assoc. members (Lou Hoitsma, Howard Proctor, Gile Sievers, Michael French, Bob Carr) and Bob Gosse of Keyser Pond to inform them of the meeting. The deadline for the grant application is Nov. 11, 2000. 4. Big Tree Plaque We will try to schedule time midday Saturday the 16th to present the plaque. A photo will be taken and an article written for the press. 5. 2001 Budget Changes to the budget must be submitted by Oct 29. The meeting with the Selectmen to present the budget is Nov. 21. A draft of the Natural Resource Inventory (NRI) should be ready to present at that time. The figures for current spending were reviewed and it was noted there will be more money spent to collect the water data for the NRI and to print draft maps. It was decided not to change the yearly Conservation Commission budget for 2001. Holly will write up an explanation of spending for the year 2000. 6. Natural Resource Inventory a. Special meeting with Nancy Rendall, potential NRI consultant, will be scheduled for Sept 8 or Sept 13. She will be asked to submit a proposal. Pete will give Nancy the Henniker NRI Proposal and the UNHCE NRI Schedule. b. Pete will contact John Kanter of NH Fish and Game to ask if he may have time to help with the NRI and how much he may charge for his time. c. The lake sampling portion of the NRI will begin Saturday and Sunday Sept 16-17. A training session will be held to teach volunteers the sampling protocol and then teams will be assembled to sample 11 lakes (ponds). Mark will make a list of the ponds to be sampled and who to contact for landowner permission for access. While on the ponds, volunteers will verify the inlets and outlets and assess areas that are actively eroding. Fishing maps should be acquired before the teams go out onto the ponds. d. Mark, Peter and Denise will meet at NEC Science Bldg. Sun. Sept 10 to work with the GIS. 7. Outlook Article An article will be written to present the results of the lake monitoring. Then follow-up articles will be written to present information on maintaining and improving water quality. 8. Letter to DES Pete drafted a letter to DES’s Steve Landry requesting data and encouraging the continuation of biomonitoring in Amey Brook. 9. DES Order by Consent for Henniker Crushed Stone and Central NH Concrete A copy of the order was obtained at DES and copies will be made for distribution to the commissioners. The meeting was adjourned at 9:55 PM. The next regular meeting will be held on Wednesday, October 4, 2000 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission Special Meeting September 14, 2000 - 7:00 PM New England College Science Building Commissioners Present: Roni Hardy (Acting Chair), Mark Mitch, Denise Rico, Martha Sunderland, and Pete Walker. Also Present: Nancy Rendall of Blue Moon Environmental, Inc This was a special meeting held to interview Nancy Rendall as a consultant candidate for the Natural Resource Inventory (NRI). Pete introduced the status of the Henniker NRI project. Nancy gave a description of her qualifications and said she would email her resume as she did not bring a copy. She is a Certified Wetland Scientist, a Certified Soil Scientist, and a Licensed Septic Designer. Her undergraduate degree is in Forestry with a hydrology minor, her graduate degree in Land Resources. She has worked on several wetland inventory projects for various organizations and now operates her own business, Blue Moon Environmental. She presented several GIS generated maps the Gilmanton Conservation Commission is using for their NRI. After a discussion of the scope of work the Henniker CC requires, she agreed to work up a proposal by Wednesday, Sept 20. The meeting was adjourned at 9:00 PM. The next regular meeting will be held on Wednesday, October 4, 2000 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission Special Meeting September 27, 2000 - 7:00 PM at the Grange Building Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, Denise Rico, and Martha Sunderland. Also Present: Steve Couture of the New Hampshire Department of Environmental Services (NHDES), French Pond Association members: Bob Carr, Lou Hoitsma, Howard Proctor, and Gile Sievers, Bob Gosse of Keyser Pond and Rod Pimentel (Selectmen Ex-Officio). This was a special meeting held to discuss the Nonpoint Source Local Initiative Grant Application process (part of the NHDES 2000/2001 Local Water Protection Grant program). The Commission plans to file an application to request funding to address water quality issues in French and Keyser Ponds. French and Keyser Ponds have suffered from elevated phosphorous levels and associated algae blooms. See the attached Application and Information packet for specifics regarding the NHDES 2000/2001 Local Water Protection Grant program. Steve Couture (NHDES) spoke about possible projects that could be eligible for grant funding: Hire a consultant to assess watershed Assess watershed with volunteers An assessment is made by conducting stream surveys in the tributaries up to the headwaters. Information could be collected on the following: Bank stability Vegetative cover Buffer Biological Indicators (macro invertebrates) Non point source pollution Point source pollution Water Quality Steve said that before federal money could be awarded for an in-lake treatment program, it must be determined that there is not a continuing phosphorous input from the watershed. This must be ascertained by collecting water samples from the tributaries. If there is an ongoing phosphorous input Best Management Practices need to be installed that will check the problem. Steve said when writing the application the following is needed: Break down the plan with as much detail as possible. Describe exactly what the problem is -- a documented in-lake problem. Describe the watershed areas that may be contributing phosphorous. Be clear on what the end product will be. Steve and other DES personnel will do a watershed walk on Oct. 6. After this he will create a water sampling plan outline and email it to the Conservation Commission. We will meet again on Oct. 16, 2000 at 7PM in the Grange to discuss the plan. In the meantime we should consider how we will come up with the matching funds -- all volunteer hours, cash, or a mix of both. French Pond Association members and Bob Gosse (Keyser Pond) made the following comments: Lou Hoitsma: French Pond in-lake water quality data has already been acquired through the Voluntary Lake Assessment Program (VLAP) program dating from the 80's. It is believed that the phosphorous is coming from the sediments in the pond. Everyone in the immediate watershed of French Pond has upgraded their septic systems -- including the campground. Bob Carr: Bob Carr's family has lived on French Pond for 6 generations. The sediments in the pond that are contributing phosphorous come from the bark of the trees that were placed in the pond after the hurricane of 1938. Boat motors on the pond may be stirring the sediments. There is a lot of new vegetation in the pond that clogs the flow. (Steve suggested that the vegetation may be a benefit because it consumes nutrients.) French Pond has a Put and Take Trout Program managed by New Hampshire Fish and Game (NHF&G). NHF&G made 7 applications of Rotenone to kill off the native fish population before they implemented the trout program -- the last application being in 1984. The dead fish in the pond may have contributed more nutrients. (Steve commented that the lack of native fish may exacerbate the algae problems -- there are no fish that eat algae.) NHF&G constructed a dam on French Pond to keep the fish in. Bob suggests that the only way to clean up the pond is to dredge the sediments. Sixteen years ago Jody Connor from NHDES estimated it would cost $50,000 to treat French Pond with alum. At that time the state would have covered half the cost, the town one quarter, and the French Pond landowners the other quarter. According to Bob Carr the town declined to fund the project. Bob Carr is wary of the alum treatment -- of adding more chemicals to the lake. Bob Gosse: Bob has lived on Keyser Pond for 16 years. Every year the clarity of the water lessens and there is more vegetation. At the outlet where Keyser Pond water enters the Contoocook one can see the difference in the water clarity. Other than the campground, there are three full time residents of Keyser Pond. All septic systems have been updated. A stormwater culvert from Rte 202/9 empties directly into Keyser Pond. Gile Sievers: Three weeks ago there were NHDES divers in French Pond looking for remnants of the 1938 hurricane trees to test for mercury. They removed a log and a blind snapping turtle for testing. It is possible the results from this testing may elicit action to clean up the pond. (Holly commented this may be part of a mercury initiative at NHDES -- the "Mercury Reduction Strategy”.) General comments: French Pond may be a phosphorous sink -- more phosphorous enters than leaves the pond. A short term intense water quality sampling project is needed to identify areas that are contributing phosphorous. Once these are identified Best Management Practices can be implemented to eliminate continued phosphorous input. Then an application for federal funds for in-lake treatment can be initiated. Keyser Pond should clear up as a result of cleaning up French Pond. The meeting was adjourned at 9:00 PM. The next regular meeting will be held on Wednesday, October 4, 2000 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission Meeting October 4, 2000 - 7:30 PM at Town Hall Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, Martha Sunderland, and Rod Pimentel, ex officio Also present: Ann Poole, Kris Blomback (Pats Peak), and Jennifer McCourt (Keach-Norstrom Assoc./Pats Peak) Items of Discussion: 1. NRI Consultant. Roni had invited Ann Poole to the meeting to discuss the possibility of hiring her as the Commission’s NRI consultant. Commission members explained to her where we are in the process and what our needs will be in the next several months. She was told that we have taken a big step in compiling data that exists, that we have access to ArcView at NEC and that what we primarily need right now is a narrative summary to present to the budget committee. Ann circulated copies of her resume, testimonials and copies of prior projects. She told us she would e-mail us by the 11th, her best estimate of what her services would cost based on the discussion and materials we provided to her. The Commission has still not received a proposal from Nancy Rendell. 2. Pats Peak. Kris Blomback expressed his concern about the Commission’s letter to the N.H. Department of Environmental Services stating that our non-objection to Pats Peak’s wetland application was based on certain agreements and if, in the process of appealing DES’s permit conditions, it was reneging on any of those agreements, we could not support the project. He said that he wants to keep the lines of communication open with the Commission, that the appeal was just to clarify the conditions. Roni explained that, in reading the appeal, it sounded to Commission members as though Pats Peak was contesting the limitations on withdrawal from Craney Pond. Kris said they intend to limit withdrawal and had agreed to the February mean flow of 5 inches. He said that in the permit, DES is asking them to maintain the Aquatic Base Flow, which is different. He said it is not their intention to dry up Cascade Brook and they are still willing to abide by the original agreements reached with the Commission. He and Jennifer McCourt contended that the appeal was full of legalese that was confusing, but that the intent of the appeal was to get the vagueness out of the permit. The Commission explained that we wrote our response out of concern that they were objecting to any limitation on water withdrawal. Kris said that they still plan to plant blueberry bushes, etc, but that their hands are tied right now by the appeal process. (He said they are appealing the latest amended permit as well.) When asked whether they plan to pump water for snowmaking this season, before this matter is resolved, Kris said that it is unclear whether some of the permits would allow this. He was asked to inform the Commission if and when they plan to begin pumping. Roni asked them if they had placed a white buoy in Craney Pond that was present on September 25, during water quality sampling. Kris said the buoy was placed by them to mark the 8 foot depth off the beach. 3. Approval of Minutes. The minutes to the September meeting were reviewed and approved, with minor revisions. Martha suggested that we revise the categories for our budget expenditures. 4. Route 114 Improvements. Roni received a call from Deborah Loiselle at the N.H. Department of Transportation in response to our letter expressing concern about the proposed work and its impact on Amey Brook. Loiselle wished to assure the Commission that every precaution would be taken to minimize impact to the brook and the associated wetlands. She said that work will involve resurfacing, culvert repair and guardrail replacement. The work is not scheduled to begin until February. 5. Henniker Community School. Martha received a call from Brenda Wright, a teacher at the school, asking whether someone from the Commission would speak to her class about the Natural Resources Inventory. Martha will contact her for more information.
6. Clough
Pond. Holly received a call and letter from Pat Myers,
Weare Conservation Commission, to give the Commission a ‘heads up’ that it plans
to recommend to the Weare Selectmen that they acquire
a piece of
property bordering Clough Pond and the Henniker town line. She told Holly that
the Weare Conservation Commission would appreciate any information we could
provide on land in that area. Martha described some qualities of the Henniker
land near Clough Pond, e.g., a large wetland and pointed out that there is some
Henniker Conservation land not far to the north. Holly will call Pat back to
relay this information. The next regular meeting will be held on Wednesday, November 1, 2000 at 7:30 PM at the Town Hall. A special meeting will be held on Monday, October 16 at 7:00 PM at the Grange Hall to discuss the water resource grant proposal. Respectfully submitted, Roni Hardy, Henniker Conservation Commission Minutes of the Henniker Conservation Commission Special Meeting October 16, 2000 - 7:00 PM at the Grange Building Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, and Denise Rico. Also Present: Steve Couture of the New Hampshire Department of Environmental Services (NHDES), French Pond Association members: Bob Carr, Mike French, Lou Hoitsma, Howard Proctor, and Patricia Proctor, and Bob Gosse of Keyser Pond. This was a special meeting held to discuss: the Nonpoint Source Local Initiative Grant Application process (part of the NHDES 2000/2001 Local Water Protection Grant program); and the hiring of a consultant for Henniker’s Natural Resources Inventory. The Commission plans to file an application to request funding to address water quality issues in French and Keyser Ponds. French and Keyser Ponds have suffered from elevated phosphorous levels and associated algae blooms. 1. Steve Couture (NHDES) presented his outline for a tributary assessment project that would monitor the phosphorous inputs into French Pond. This outline should be built upon to create the grant proposal. See the attached French Pond Local Watershed Initiative Grant Proposal -Draft (2) Outline. Since the last meeting (9/27/00) Steve checked on several issues: The pig farm has established Best Management Practices that seem to be controlling runoff from the site into Cow Brook. He found no apparent problems on Launch Brook during the watershed walks he completed. He had contacted New Hampshire Fish & Game but had found no data on French Pond. He will contact them again to speak with someone in the Trout program. The logs removed from French Pond by NHDES are going to the University of New Hampshire for mercury testing. There was a discussion of the grant application procedure and how the monitoring would be carried out. It was interspersed with more remarks about French Pond. The following are the comments: The deadline to file the application is 11/20/00. We should find out in early January whether we have been accepted. The contract signing is in February or early March. At the beginning, 20% is the maximum amount of money that will be awarded. It will be needed to buy equipment. Then the money is awarded in installments as the work is completed. We need to find out if the NHDES lab services (phosphorous samples are $10/each) have to be paid in advance. The procedure to address the water quality issues in French and Keyser Ponds is: 1. Assess the problem 2. Implement Best Management Practices 3. Implement in-lake treatment The initial grant proposal is for assessment purposes -- to determine if there is an ongoing phosphorous input to French Pond and if so, where is it originating. In the grant application we need to include: General Assessment description. State clear objectives -- what we want to accomplish. State there is a cooperation between the Henniker Conservation Commission (HCC) and the French Pond Association (FPA). Detailed description of the project -- including all expenditures and volunteer hours. (Steve has proposals we can use as samples for the application as well as the Quality Assurance Plan (see below). He can also assist us with the writing.) A letter of support from the Board of Selectmen. The grant would cover 60% of the funding for the water monitoring project. A local match of 40% must raised. It can be either cash or “soft match” -- $10/hour for volunteer time, more per hour for a professional who acts as project manager or who analyses data. (Mark’s time could be charged at a higher rate. Mark should get a letter of endorsement from New England College to justify the additional cost.) It may be possible to solicit donations from landowners around the ponds if cash is needed for the match. The match hours will need to be documented with timesheets. A Quality Assurance Plan (QAP) will be required if the grant is approved. The hours needed to prepare this document (approx. 20) can be part of the matching funds. Ten percent of the water samples need to be blanks, ten percent of the water samples need to be duplicates -- this must be included in the costs of sampling. The logistics of the sampling process are included in the QAP -- the where, when, and why of the sampling project. A final report is required and will add more match hours. NHDES will help with the training of volunteers. The hours the volunteers spend in training are also match hours -- 2-3 hours/person. Time can also be included for site visits to determine where the sampling sites will be and to install the staff gages. The cost of a rain gage should be added to the application. We may also want to install some kind of continuous monitoring equipment. NHDES has recently tested a $1000 pressure transducer - Steve will find out more. The VLAP (Voluntary Lake Assessment Program) monitoring could be changed to monthly, May through September -- instead of 3 samplings there would be 5. The extra cost of the water samples and the extra volunteer match hours can be included in the grant proposal. A written septic system review history can also add volunteer hours to the match. This will document the process the French Pond Association went through to test and upgrade the systems around the pond. Sampling will be done at 7 sites for both dry and wet weather monitoring (although we may want to add sites on the outlet brook, between French and Keyser Ponds) -- There will be 4 storms sampled - 2 in the spring, 1 in the summer and 1 in the fall. Storm samples are taken at pre-storm pulse, at first flush (this is where there is the most erosion and potential for the most phosphorous loading), at peak, and at post peak. Drawbacks and difficulties of the monitoring project are finding the people to collect the data and collecting data at 4 different times during a storm event. French Brook has a downward trend in phosphorous. Mike French does fertilize his fields but now does NOT use phosphorous -- only nitrogen and potassium. When the lake temperature reaches a certain point the algae blooms. The years of the worst bloom had heavy runoff in June coupled with warm water temperatures. The next step is to flesh out the proposal. 2. There was a discussion about the proposals received from Nancy Rendall and Ann Poole for consulting on Henniker’s Natural Resource Inventory. Roni moved to approve Ann Poole as the consultant, Denise seconded and all were in favor. Roni will contact Ann and ask her to contact Denise to discuss the mapping. The meeting was adjourned at 9:30 PM. The next regular meeting will be held on Wednesday, November 1, 2000 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission November 1, 2000 - 7:30 PM Town Hall Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, Denise Rico and Martha Sunderland. Also Present: Ann Poole, Consulting Ecologist/Environmental Planner. Items of Discussion: 1. Minutes The minutes of September 27, October 4, and October 16, 2000 were approved with revisions. 2. Mail A. Pats Peak request for appeal -- Pats Peak filed an appeal on 10/13/00 to appear before the Wetlands Council. Holly will look into the procedure for the Henniker Conservation Commission (HCC) to request an appearance at the hearing. Meanwhile, the HCC should request a copy of the ecological study done by Normandeau Assoc. on behalf of Pats Peak this past summer. A question arose about Pats Peak’s ability to withdraw water before the case is resolved.
B. River Management Council -- The River Management Council will meet Nov. 18, 2000 at the New Hampshire Department of Environmental Services (NHDES).
3. Natural Resources Inventory (NRI) Consultant, Ann Poole--Ann presented her revised proposal and schedule reflecting changes in the mapping responsibilities. (Most of the Geographic Information System [GIS] mapping will be done by Mark, Denise, and student interns.) Roni will send an email list of HCC members’ addresses, phone numbers, and email addresses to Ann. The HCC will provide Ann with a written notice to proceed on the NRI. Ann will send the invoices directly to Martha, the Treasurer for the NRI project. Ann presented a list of Henniker’s GIS mapped data (both existing and missing), the Project Outline, and a Table of Contents. The HCC suggested several changes to the outline and the contents and Ann will revise. Mark is making a CD of Henniker’s GIS data and will deliver to Ann.
4. Water Protection Grant--Mark presented the “French Pond Eutrophication Study” preliminary outline he prepared. He is still working on it and will contact Steve Couture (NHDES) for feedback. The deadline is Nov. 20, 2000. 5. Bill for Lake Sampling Project--Martha will talk to Russ Roy at Town Hall to find out if the bill was paid and from what account it was paid. 6. Mark’s Contractual Review--Mark’s New England College contractual review requires he document his community service. Holly will write a letter. 7. New Hampshire Association of Conservation Commissions (NHACC) Annual Meeting--The NHACC annual meeting will be at Rundlett in Concord on Saturday, Nov 4. Holly will email the schedule to HCC members. The meeting was adjourned at 9:00 PM. The next regular meeting will be held on Wednesday, December 6, 2000 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission December 6, 2000 - 7:30 PM Town Hall Commissioners Present: Holly Green (Chair), Roni Hardy, Mark Mitch, Denise Rico, Martha Sunderland and Pete Walker. Also Present: Craney Pond Residents: Roger Elliot, Nancy Foley, Matt Mlcuch, Tim Platt, Amy Veilleux and Bruce Veilleux. Henniker Residents: Kayla Patenaude, Rick Patenaude, and Amanda Ryan. NEC students: Matt Melton, Fernando Tercavic, and Aaron Wechsler. Pats Peak: Kris Blomback, Jennifer McCourt, and Jim Wall. The Villager: Lloyd Henderson. Selectmen, ex-officio: Rod Pimentel. Items of Discussion: 1. Water Withdrawal from Craney Pond Martha Sunderland introduced the public comment period saying the meeting was not a hearing and that in hearing the comments of both Pats Peak and the residents, the Conservation Commission offered no implied or tacit approval of the activities at Craney Pond. Kris Blomback had requested to speak at the meeting to inform the Conservation Commission of the recent pumping activities at Craney Pond. He said pumping began on Monday, December 4 and concluded Wednesday, December 6 at 11AM when 1.5 million gallons of water had been pumped from Craney Pond for snow-making purposes. The pumping was terminated when the level of the pond had dropped 1 inch as measured on 2 stakes driven into the water -- one near the outlet culvert where the depth of the water leaving the pond dropped from 10 inches to 9 inches, the other near the pumping operation where the pond elevation dropped 1 inch. These stakes had 1 inch increments marked on them by workers and were driven into the water until a line on the stake lined up with the surface. The pumping was accomplished in 2 events totaling 35 hours with a diesel pump mounted on a truck connected to an 8 inch diameter suction hose suspended in the water with blue barrels. The pump ran 9 hours on Monday and 26 hours beginning Tuesday morning ending at 11AM Wednesday morning. The water was transferred into a reservoir located within the ski area. The reservoir had been empty beforehand and the pumping had filled it 39 inches. Kris said representatives from the New Hampshire Department of Environmental Services (NHDES) had visited the pump site on Tuesday, Dec. 5 to gather information. He said Pats Peak planned to pump again sometime next week. He said they are trying to operate within the limits imposed by the NHDES permits. Pete Walker noted that one of the NHDES Wetlands Permit conditions that was under dispute was the 1 inch withdrawal limit because it was vague and hard to measure, but yet, they seemed to have no problem measuring a 1 inch drop using a simple staff device. Kris agreed that it is possible to measure draw downs as small as 1 inch, but felt that condition is overly restrictive. (Pats Peak has appealed the NHDES Wetlands Permit that was issued in July 2000.) Jennifer McCourt, engineer for Pats Peak, said she also felt the 1 inch limit was over restrictive -- especially when considering the fact that the pond elevation is controlled by beavers and has been known to fluctuate. She said they have measured the current elevation at 1008.4 feet and have recorded measurements as low as 1007.4 feet. Jennifer said they have observed the ice conditions as they pump and they have noticed no air pockets under the ice or irregularities in the ice. A Craney Pond resident disagreed and said that the pond had open water on the northwest end and thought this may have something to do with the pumping. Kris disagreed and said there is no connection between the pumping and the ice formation, except in the immediate area of the pump. Pete asked Kris to comment on what types of conditions and/or limitations Pats Peak felt were appropriate. Kris replied they felt the following were appropriate limitations: - Pumping season of November 15 to February 1. - 5 million gallon limit to each pumping event. - No more than 3 pumping events per season. - 15 million gallon per season limit to the total amount of water withdrawn from Craney Pond. - Maintaining a February Mean Flow in the outlet stream. It was noted that the provisions listed by Kris were exactly what Pats Peak had agreed to in discussions with the Conservation Commission last winter and spring. Kris said Pats Peak intends to operate within the parameters listed above and to never stop the flow leaving Craney Pond. He said they recognize that during years of drought they may not be able to withdraw water from Craney Pond. He said Pats Peak intends to use only a small portion of the water flowing through the Craney Pond system. Kris said they have not done any actual work in the wetlands since they were negotiating the permit conditions. He said the plantings that were part of the remediation have not been done because they were under a “Cease and Desist” order applying to work within the wetlands. Pete asked Kris to outline basically why they had requested a reconsideration of their permits -- both the NHDES Wetlands Permit and the 401 Water Quality Certification. Pete commented that Kris’ statements before the Conservation Commission tonight and on previous occasions -- in which he indicated that Pats Peak is willing to accept operational conditions -- are inconsistent with the Pats Peak appeal of their wetlands permit. Kris replied Pats Peak believes NHDES has no authority to regulate Pats Peak’s water withdrawal operation and that there is no connection to how they operate the withdrawal and how they impact the wetlands. Both Kris and Jennifer don’t agree to the 1 inch draw down limit. Pete said the appeal Pats Peak has filed suggests they have a dispute with the whole regulatory concept. Kris replied that Pats Peak had voluntarily prepared a Water Management Plan and they were planning to abide by it. Pete asked whether Pats Peak would agree to the limits and/or conditions listed on the permits if the 1 inch draw down limit was removed. Kris answered he would have to consider that “under advisement”. Pete recommended that Pats Peak accept the permitted conditions and/or limitations they feel are appropriate, since voluntary agreements are not enforceable. A Craney Pond resident asked how anyone would be able to enforce the conditions and/or limitations Pats Peak believes are appropriate if the conditions and/or limitations as listed on the permits were found to be illegal. Kris replied that Pats Peak was going to abide by its word. Another Craney Pond resident believes Pats Peak wants no restrictions, wants to monitor their own work, and that Pats Peak feels the Henniker Conservation Commission and the NHDES have no jurisdiction in their water withdrawal project. He hopes some body of government has jurisdiction to regulate the project and hopes that his own riparian rights will be considered. Another Craney Pond resident would like to see the conditions Pats Peak has agreed to with the Henniker Conservation Commission be incorporated into the permits with NHDES. A Craney Pond resident said the impact of the water withdrawal operation has now extended past wetlands and wildlife and into a noise impact. He said there was a constant hum during the pumping operation that woke him up in the middle of the night. The Henniker police were called about the noise and they said they had no jurisdiction. The Henniker Code Enforcement Officer was also contacted. Rod Pimentel, Selectman, said Henniker’s Noise Ordinance does not apply to noise created by businesses in the conduct of their business. Kris said they have ordered a better muffler for the pump. Pete suggested some kind of physical barrier to reflect the sound away from the residences. Kris was asked if there was any way Pats Peak could limit the hours they operated the pump. Kris did not want to commit to that. Kris said they plan to pump 2 to 3 more times in the next couple of weeks and that they are going to use the same pump. Mark Mitch asked Jennifer if she could supply copies of the environmental report prepared by Normandeau Assoc. over the summer. She said she would. Pete clarified with Kris that Pats Peak was not using any part of any structure that was covered under the NHDES Cease and Desist order. Kris said all portions subject to the Cease and Desist order had been removed and were not reinstalled for the current pumping. Mark commented on Pats Peak’s recent membership in the Sustainable Slopes Program and a discussion about recycling and energy efficiency at the ski area ensued. At its next regularly scheduled meeting on Jan. 3, 2001, the Conservation Commission intends to discuss how to handle its appearance at the Wetlands Council hearing. This hearing is currently scheduled for February 13, 2001. A follow-up letter will be written by Martha and Pete to Pats Peak to ask for information concerning how long it takes the water elevation of Craney Pond to rebound after pumping, how much water they are withdrawing at each session, and to request they address the noise issue. 2. Mail The mail was reviewed and several Intents to Cut were discussed. Roni and Denise will visit the site where the NHDRED (New Hampshire Department of Resources and Economic Development) Division of Forests and Lands is intending to log in the federal flood plain. 3. Minutes The minutes from November 01, 2000 were approved with no revisions. 4. Natural Resources Inventory (NRI) Denise Rico presented the maps she created with the ArcView Geographic Information System for the NRI. Revisions were suggested and she will incorporate them before they are plotted at the Central New Hampshire Regional Planning Commission on Tuesday, Dec 12. Ann Poole, the NRI Consultant, will write a first draft of the NRI report by Dec 15. The results from the lake surveys are back with the exception of French and Keyser Ponds. Mark believes those results may have been sent to the French Pond Association by mistake. Denise will draft a table of the data and join it to geographic information in ArcView. Mark has a student intern who needs a project of 120 hours between January and May. Pete suggested Ann be contacted to see if the intern could work on a specific project directly for Ann. A wildlife habitat assessment using John Kanter’s method with some field verification may be a possible project for the intern. Mark still has another student prepared to digitize map data - tax maps, soil data, or wetlands. 5. Conservation Commission Budget Martha had presented the budget to the Selectmen the previous Monday and handed out the report she had prepared (attached). 6. Designated Mail Person After several misunderstandings about who was picking up the mail at Town Hall, Holly has decided to appoint an official mail person. Mark has volunteered to be the new mail person and will pick up the mail twice a week and email the rest of the Conservation Commission when there are pressing issues. The meeting was adjourned at 10:20 PM. The next regular meeting of the Henniker Conservation Commission will be held on Wednesday, January 3, 2001 at 7:30 PM in the Town Hall. Respectfully submitted, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission Special Meeting December 13, 2000 - 5:00 PM Grange Building Commissioners Present: Holly Green (Chair), Mark Mitch, Denise Rico, Martha Sunderland and Pete Walker. Items of Discussion: 1. Minutes The minutes for the December 6, 2000 meeting were approved. 2. Natural Resources Inventory (NRI) Warrant Article Language for the warrant article requesting town funding for year two of the NRI was discussed. Last year’s language was altered and approved for submittal by the Commission. 3. Water Withdrawal from Craney Pond The Commission reviewed a draft letter to Kris Blomback written as a follow-up to the Dec 6 meeting. After discussion and revision the Commission voted to send it. Mark Mitch supplied copies to the Commissioners present of the report entitled, “Baseline Investigation of the Aquatic Biological Community in Cascade Brook, NH prepared by Normandeau Associates for Pats Peak in July 2000. Martha Sunderland discussed her conversation with Peter Flynn (Town Administrator) about the Commission’s letter requesting an appearance before the NH Wetlands Council’s hearing re: Pats Peak’s appeals. The Commission discussed the one inch restriction on the Pats Peak wetland permit. The members present agreed to object if conditions limiting pumping are removed. Discussion also included the information and data provided by Pats Peak to NHDES regarding recent pumping activities. Some concern was expressed at the observation by Pats Peak that there was not a change in the water level in Cascade Brook at the end of each pumping period. There did not appear to be any post pumping data on Cascade Brook water levels to consider a lag response in the stream level. Everyone present enjoyed the Swiss cookies and felt it was critical that the meeting continue until the cookies were finished. The meeting ended at 7:45 PM Respectfully submitted, Mark Mitch, Denise Rico, Henniker Conservation Commission Minutes of the Henniker Conservation Commission Special Meeting December 20, 2000 - 7:00 PM Grange Building Commissioners Present: Roni Hardy (Acting Chair), Mark Mitch, Denise Rico, and Martha Sunderland. Also Present: Ann Poole, Consulting Ecologist/Environmental Planner Items of Discussion: 1. Natural Resources Inventory (NRI) Draft Report The Commission reviewed the draft document entitled, “Town of Henniker -- Natural Resources Inventory -- A Report of Initial Findings by the Henniker Conservation Commission” prepared by Ann Poole. Revisions were suggested and gaps in the information were discussed. The Commission will supply Ann with the missing information. The corresponding NRI maps were reviewed and revisions suggested. Denise will revise the maps and have them reprinted on Jan. 5. Ann will revise the document and submit it via email to the Commission before the Budget Committee meeting in January. The meeting was adjourned at 9:00 PM Respectfully submitted, Denise Rico, Henniker Conservation Commission
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