O-2012-07
Surface Water
Protection
Public Workshop
6/11/12
Introduction
"Water promises to be to the 21st
century what oil was to the 20th
century: the precious commodity that
determines the wealth of nations."
(from Fortune Magazine, Shawn Tully, May 15, 2000)
Outline
• Surface Waters in Keene
• Existing Rules & Standards
• Surface Water Protection Overlay District
– Role of buffers
– Proposed regulations
• Questions
• Public Comments
Ad Hoc Surface Water Protection
Committee
Current members
• Patrick Eggleston
• Emily Hague
• Del Meyer
• Barbara Richter
• Ruth Venezia
Past members
• David Bergeron
• John Cunningham
• Dale Pregent
Water Resources
Intent is to preserve and protect the functions and
values of wetlands and surface waters as
recommended in the 2010 Comprehensive Master Plan
• Water Quality
• Stormwater retention
• Flood storage
• Aquifer recharge
• Wildlife habitat
• Aesthetics and
Quality of life
Water Quality data
Temperature
Nutrients
Sediment
Source: ARLAC 2011
Temperature
• Many aquatic species, such as trout, are
extremely sensitive to changes in water
temperature
• Cooler water can hold more dissolved oxygen,
which is essential to aquatic organisms
• Research on Beaver Brook shows a general
increase in water temperature downstream
and away from more shaded areas into more
open and populated areas
Washington St. extension
Woodland Cemetery
Water St. bridge
Baker St. bridge
Washington St. extension Woodland Cemetery
Water St. bridge
Baker St. bridge
2011 Ashuelot River Temperature
69.0
67.0
66.0
63.0
62.0
Keene
64.0
Keene
65.0
Keene
Temperature in degrees F.
68.0
61.0
60.0
59.0
Location
Nutrients: Phosphorus
• Increased nutrients cause algal blooms
which are harmful to both humans and
ecosystems
• Excess Phosphorus arises from a
number of sources:
– Fertilizers
– Animal wastes
– Septic drain fields
2010 Ashuelot River Phosphorus
60.0
40.0
Keene
30.0
10.0
Keene
20.0
Keene
Phosphorus (µg/L )
50.0
0.0
Location
Sediment
• Sediment deposited on stream beds reduces
habitat for fish and for the invertebrates that
many fish consume
• High concentrations of fine suspended
sediments can kill fish directly
• Suspended sediments reduce the abundance of
filter-feeding organisms, including mollusks
and some arthropods
Sediment may be measured as turbidity
2011 Ashuelot River Turbidity
2.50
0.50
0.00
Location
Keene
1.00
Keene
1.50
Keene
Turbidity (NTUs)
2.00
Existing Rules for the Protection
of Surface Water
• NH Shoreland Water Quality Protection Act
(SWQPA) (Formally known as the Consolidated
Shoreland Protection Act [CSPA])
• EPA - NPDES stormwater rules
• NHDES-Alteration of Terrain Permit
• Planning Board Site Plan Review Standards –
erosion and sedimentation
• 77 NH municipalities have Shoreland Protection
Regulations in addition to the NH SWQPA
Existing Rules for the Protection
of Wetlands
• NH Wetlands Law (RSA 482-A) and Rules (EnvWt 100 – 800)
• Sec 404 Clean Water Act through Army Corps of
Engineers
• Planning Board Site Plan Review Standards - 30
foot setback from streams and wetlands
• 111 NH municipalities regulate development
in wetlands.
NH Shoreland Water Quality Protection Act
RSA 483-B
Shoreline Protection Area: 250 feet from reference line
Woodland Buffer: 150 feet from reference line
Waterfront Buffer: 50 feet from reference line
• Applies to lakes and ponds
greater than 10 acres in size,
streams and rivers of 4th
order or greater, and land
within 250 feet of the
reference line
• Allows municipalities to
create additional regulations
Keene Waterbodies Subject to the SWQPA
Surface Water Protection Overlay District
O-2012-07
• Model Ordinance from: Innovative Land Use
Planning Techniques. NHDES 2008
• Reviewed existing ordinances from Swanzey,
Dublin, and Milford
• Revised to fit Keene’s specific circumstances
• Lengthy committee and staff review
• August 2011 review with Development
Community
Surface Water Protection Overlay District
• Applies to all surface waters in the City of Keene,
regardless of size, and a 100 foot buffer zone
surrounding them
– This includes smaller lakes, ponds, and streams not
regulated by the NH SWQPA
• Oversight of location of permanent structures
• Requires a Conditional Use Permit from the
Planning Board for proposed uses/activities
within the overlay district
• Does not affect existing structures – new
development only
Exemptions
The following surface water areas shall not be included
in the Surface Water Protection Overlay District:
• Man-made ditches or swales
• Man-made sedimentation/detention/retention basins or ponds
constructed to manage storm water from a development project and/or
streets, roads and highways
• Made-made agricultural/irrigation ponds
• Fire ponds and cisterns
• Septage or manure lagoons
• Silage pits
• Ditches, streams or waterways that have been constructed or altered to
manage drainage and/or flooding and that are under a management,
use and maintenance agreement with state and/or federal agencies
What is a Buffer?
“An area designed to remain vegetated in an
undisturbed and natural condition to protect adjacent
surface water functions and values from adverse
impacts and provide habitat for wildlife”
http://www.epa.gov/nrmrl/pubs/600R05118/600R05118.pdf
Beaver Brook
Spring St.
Falls Trail
Developed
Forested Buffer
Functions of Buffers
• Stormwater management through capture, storage, and
absorption of rainfall
• Act as a natural filter, capturing sediment, nutrients,
and pollutants from runoff = better water quality
• Flood reduction and control
• Shoreline stability
• Shade the shoreline to lower water temperatures,
allowing water to hold more dissolved oxygen
• Maintain aquatic and terrestrial wildlife habitats
• Recreation, rural character, and aesthetic appeal
2006 Ashuelot River Corridor
Management Plan
• Maintaining natural riparian buffers,
preventing loss of wetlands, and the adoption
of setback requirements are listed as priority
issues for the Ashuelot River Corridor
• Specific management goals for the Keene
segment include:
– Maintain or rehabilitate forested riparian
buffer
– Preserve undeveloped floodplain areas
Buffer Width
• Ideally, buffer width would be site-specific
• 100 feet is recommended based on a review of scientific literature and
ease of implementation
• A 100 foot buffer generally provides a sediment and pollutant removal
rate of 60% or greater
• A larger buffer is required to provide adequate wildlife habitat for
– Dispersal habitat
– Foraging area
– Den/nest sites
(Buffers for Wetlands and Surface Waters: A Guidebook for NH Municipalities)
http://www.crjc.org/buffers/Introduction.pdf
Reduced Buffer Zone Width
Zone
Setback
Central Business, Central
Business limited, Office, High
Density, High Density 1
Medium Density, Low Density,
Low Density 1, Industrial,
Industrial Park, Commerce,
Commerce Limited, Corporate
Park, Health Care
30 feet from Surface Waters
(10 feet from surface waters
may be allowed at the
discretion of the Planning
Board)
Rural, Conservation
100 feet
10 feet from Surface Waters
Permitted Uses
• Agricultural activities, subject to Best Management Practices
• Forestry, tree farming, and logging, subject to Best
Management Practices
• Water impoundments
• Ground water withdrawal well for and individual, single
residential dwelling, or duplex facility
• Trails construction and maintained in accordance with Best
Management Practices
• Wildlife or fisheries management activities
• Educational and scientific research activities
• Open Space
• New driveways
• Normal maintenance of existing roadways and utilities
• Repair, replacement, and reconstruction of existing roads,
bridges, culverts, drainage systems, and utilities
Prohibited Uses
•
•
•
•
•
•
•
•
•
•
Subsurface wastewater disposal systems
Road salt storage
Automobile junk yards, service and repair shops
Hazardous waste facilities
Commercial-for-Hire and Commercial-not-for-Hire application
of fertilizers, herbicides, fungicides, and pesticides
Bulk storage of chemicals, petroleum products, or hazardous
materials
Earth excavation operations
Dumping or disposal of snow and ice from roadways and
parking lots
Storage or disposal of solid waste, liquid or leachate waste,
animal wastes or byproducts, landfills, solid waste transfer
stations, recycling facilities, incinerators, and composting
facilities
Animal feedlot operations
Conditional Use Permit (CUP)
• A Conditional Use Permit issued by the Planning
Board shall be required for proposed uses within the
Surface Water Protection Overlay District
• A Conditional Use Permit shall not be required for
impacts to areas within the district that are under
the jurisdiction of the NH Department of
Environmental Services- SWQPA and Wetlands
• Conditional Use Permits shall not be granted for uses
expressly prohibited by the ordinance
Uses Allowed by Conditional Use Permit
• Creation of new lots by subdivision
• Construction of a new structure
• Construction of new roadways, driveways, and
parking lots
• Construction of new storm water management
facilities and structures or improvements
Criteria for Granting a
Conditional Use Permit
• Avoid and minimize encroachment into the buffer
zone
• Mitigate adverse impacts
• The buffer zone will be maintained in a natural state
to the maximum extent possible
• A non-disturbance buffer zone shall be maintained to
at least 30 feet from the delineated edge of the
surface water
Conditional Use Permit
Application Procedure
• Applications follow regular Planning Board
procedures
• Applications will be forwarded to the
Conservation Commission for their
recommendation
Pre-existing Uses and Lots
The ordinance will not prohibit the construction of single
and two-family residential structures provided that:
– It is not feasible to place the structure on a portion of the lot that is
located outside of the Surface Water Protection Overlay District
– The structure is set back as far as reasonably possible from the edge
of the surface water
– Appropriate erosion control measures are in place prior to and during
construction
– Any disturbance to the buffer is repaired and restored upon
completion of construction
– A minimum 30 foot buffer is maintained from the surface waters
– Any alteration to a surface water is made in accordance with all
applicable state and federal laws, administrative rules, and
regulations
– There is no increase in runoff volume and rate
Intersection with SWQPA
• The Keene Surface Water Protection Overlay District
extends the NH Shoreland Water Quality Protection
Act to include all surface water, regardless of size
• If a state permit is required, a local permit is not
required
• Areas located in the SWQPA Urban Exemption Area
are not subject to this ordinance
Consistency with Master Plan
• Comprehensive Master Plan 2010
– “More stringent standards for wetlands and surface waters
should be pursued” p. 98
• Community Vision 2008
– “Have city stormwater standards apply to land development (or
redevelopment) that work with nature to manage stormwater as
close to its source as possible” p.13
• Climate Adaptation Plan 2007
– “Increase the protection of existing and future wetlands to
maintain the ability of these systems to naturally recharge
aquifers and decrease stormwater run-off.” p. 37
• Hazard Mitigation Plan 2005
– “Preserve or restore the functions of natural systems” p. 6-1
A buffer is one important aspect of
protecting surface water
There are many other factors to consider:
• Can we reduce pollutants instead of
trying to slow or trap them?
• Is stormwater bypassing a potential
buffer and entering surface water
directly?
2011 Ashuelot River Dissolved Oxygen
9.0
8.6
8.4
Keene
8.2
8.0
7.6
7.4
Keene
7.8
Keene
Dissolved Oxygen (mg/L)
8.8
7.2
7.0
Location