[From the U.S. Government Printing Office, www.gpo.gov]




          WORK TASK 92-7.3


                                       BERRYS BROOK
                    WATERSHED MANAGEMENT
                                                           PLAN




                        BERRYS BROOK WATERSHED
                     M PORTSMOUTH, GREENLAND, NORTH HAMPTON N.H.







                                                                                     fial,;.h-L B






























                                                           Prepared For.

          GB                              Berry's Brook Watershed Protection Council
          705
          .N4
          B47                                                  JUNE 1993
          1993








                                               U. S. DEPARTMENT OF COMMERCE NOAA
                                               COASTAL SERVICES CENTER
                                               2234 SOUTH HOBSON AVENUE
                                               CHARLESTON , SC 29405-2413


                                               BERRY'S BROOK


                              WATERSHED MANAGEMENT PLAN



                                               Property of CSC Library




                                                         June 1993






                                                       Prepared For:

                                           Berry's Brook Watershed Protection
                                                          Council


                                                       Prepared By:

                                               Appledore Engineering, Inc.
                                                     One Simons Lane
                                           Newmarket, New Hampshire 03857
                                                 In Association With:
                                               Fugro-McClelland East, Inc.



           
                                     This report was funded in part by a grant form the New
                                    Hampshire Coastal Program, as authorized by the National
                                     Oceanic and Atmospheric Administration (NOAA), Award
                                 Number NA270Z0286-01. The views expressed herein are those of
                                   the author(s) and do not necessarily reflect the views of NOAA
                                                 or any of its sub-agencies.
   (0597-560.006)
             
 









                                          TABLE OF CONTENTS



                                                                              Page


             0      Acknowledgement s                                         1

             0      Background                                                2

             o      Inventory and Analysis of Watershed Resources             3-22
                    - Watershed Description
                    - Natural Resources
                    - Analysis of Land Use Regulations

             0      Potential Threats to Watershed Resources                  23 -26


             0      Watershed Build-Out Analysis                              27-28

             0      Action Plan                                               29-47
                    - Goal and Policies
                    - Regulatory Strategies
                    - Non-Regulatory Strategies

             0      References


             0      Appendices
                    - Appendix A - Map Inventory - Summary Report
                    - Appendix B - Water Quality
                      Appendix C - Rare, Threatened, and Endangered Species
                    - Appendix D - Straus Field Studies
                    - Appendix E - Erosion and Sediment Control Standards
                      Appendix F - Sample Educational Fact Sheet
                    - Appendix G - Non-Regulatory Land Management Strategies




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            ACKNOWLEDGEMENTS


            The Berry's Brook Watershed Management Plan was prepared through a cooperative
            effort of a number of individuals who gave freely of their time and provided valuable
            advice. The individuals include:


                   0      Members of Berry's Brook Watershed Protection Council
                          -Dave Dawley, Chairman, Town of Rye
                          .Jim Brown, Rye Planning Board
                          -John Nelson, New Hampshire Fish and Game
                          -The Honorable Eugene Ritzo
                          -Clotilde Straus, Portsmouth Conservation Commission
                          -Alan Sturgis, Portsmouth
                          -Louise Tallman, Rye Conservation Comm=ission

                   0      Members of the Portsmouth Planning Staff
                          - Cindy Hayden
                          - Nancy Carmer

                   0      Phil Auger, University of New Hampshire Cooperative Extension
                   0      Bruce Smith, New Hampshire Fish and Game
                   0      Joanne Cassulo, New Hampshire Office of State Planning






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             BACKGROUND


             The Berry's Brook Watershed is a unique 5.9 square mile coastal ecosystem comprised of
             a 6.2 mile long stream with associated freshwater wetlands, an estuary and tidal marsh.
             Approximately 55% of the drainage basin is in the Town of Rye and 40% is in the City
             of Portsmouth (see Figure 1 - Watershed Map). The headwaters in the Town of
             Greenland comprise 5% of the Watershed. There is a very small portion of the
             Watershed in the Town of North Hampton.

             During the 1970's and 1980's there was substantial residential and commercial
             development within the Watershed. The multifamily developments off of Lafayette
             Road and residential subdivision off Washington/Wallis Roads in Rye are examples.
             Concern about the continued growth in the Watershed provided the impetus for the
             formation of the Berry's Brook Watershed Protection Council. This group of local
             citizens from Portsmouth, Rye and Greenland came together to develop a watershed
             management plan that would balance the demands for development with the protection
             of sensitive resources in the Berry's Brook ecosystem.

             The first task of the Berry's Brook Watershed Protection Council was to develop a series
             of resource maps of the Watershed. These maps were prepared by IEP, Inc. with a
             Coastal Zone Management grant using ARC/INFO, a computer-based map system
             software. This task was completed in 1992.

             The Council's second task has been the preparation of this Watershed Management Plan
             in cooperation with Appledore Engineering, Inc. and Fugro- McClelland (East), Inc. This
             plan includes:

                     0      An Inventory and Analysis of Watershed Resources;
                     0      A Documentation of Existing and Potential Threats to the Watershed;
                     0      A Build-Out Analysis to better determine the potential impact to the
                            Watershed of full development; and
                     0      An Action Plan that includes goals for the Watershed and a series of
                            recommendations to implement the goals.













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                        BE-RRYS BROOK WATERSHED
                   RYE, PORTSMOUTH, GREENLAND,                      HAMPTON N.H.






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                                                                                                                                                                          FIGURE 1     WATERSHED MAP
                                                                                                                                                                    AN
                                                                                                                                                                    Appledoi-e Enginect-ing. Inc



                                                                                                                                                                    Map Produced February 7.1993

                                                                                                                                                                    -rusam a Mcchm"d














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              P-gra's Brook Watershed ManWment PAw                                     InventM and An
              Inventory and Analysis of Watershed
              Resources

              Watershed Description

              Berry's Brook Watershed comprises an area of 3,802 acres in four (4) seacoast
              communities -- Greenland, North Hampton, Portsmouth and Rye. The brook is 6.2
              miles long beginning at its headwaters in the Breakfast Hill area of Greenland and
              flowing northeasterly along the Portsmouth - Rye border becoming Seavey Creek as the
              waters begin to mix with saline waters before discharging into Little Harbor near the
              bridge on Pioneer Road.

              The Berry's Brook system is a relatively small but important estuary; one of many that
              border the Gulf of Maine. As an estuary it is a significant functional ecosystem because
              of the generic characteristics shared by all water bodies that join land and fresh water
              with the marine environment; they contribute basic nutrients to the marine environment,
              aid in dispersion of terrestrial derived wastes, provide habitat for uniquely adapted plants
              and animals, and act as a breeding and nursery area for many marine species.

              Estuaries are also a valuable transitional area that contain species that are in
              evolutionary flux from the saline coastal waters to brackish waters. Important fisheries
              exist in many estuaries and, beyond the estuary itself, there are both nutritional and life
              stage links with coastal marine fisheries. All these recognized estuarine ecosystem values
              are found in Berry's Brook. In addition to these actual values, although slight in a global
              sense, estuaries have benefit as an instructional tool for the educational objectives that
              are part of this plan. While it is difficult to measure quantitatively the positive
              contributions of Berry's Brook to the Gulf of Maine and to the terrestrial watershed area
              it drains, it should be recognized for its long term value to the marine environment.

              The Watershed is an area of great natural beauty and is a valuable ecosystem that
              contains an extensive wetland system that includes upland drainage, feeder tributaries,
              Bellyhack Bog, nine (9) potential Prime Wetland areas, an estuary and tidal marsh. At
              present, it is the most pristine watershed /wetland complex in the four-town area. It has
              a diversity and abundance of plant and animal species, including a number that are rare,
              endangered or threatened, such as the Atlantic white cedar. The Watershed offers great
              recreational opportunities from hunting and fishing to cross-country skiing, bird-watching
              and ice skating. There are also two (2) historic mill sites   Seavey Mills 1 and 2 just
              below Sagamore.Road.






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            9ga's Brook Watershed Mangggment Plan                                InventM and Ang&sis

            The New Hampshire Coastal Resources Management Program (1979) and the Rye
            Master Plan (1985) have identified the watershed and its wetland system as an unusual
            coastal resource, because of the rare plant species found along the banks of the brook,
            such as spice bush and Atlantic White Cedar and the brook's sea run brown trout. The
            Portsmouth Open Space Plan (1972) has identified this area as one of several in
            Portsmouth "accorded high ecological values because they contain unique or significant
            ecological communities." The Conservation Master Plan for the Town of Rye (1978)
            declares that "the Berry's Brook - Bellyhack Bog ecosystem is the largest wilderness
            watershed in the Town of Rye".

            Thus, by all accounts the Berry's Brook Watershed is a unique natural system. In spite
            of the recognition of this resource as a high quality ecosystem, there have been and
            continue to be, impacts from real estate development and inappropriate land use
            activities. These threats to the natural integrity appear to be associated with
            developments such as those along Lafayette Road, Lang Road and Liberty Common off
            Wallis Road, where watershed resources such as wetlands have been directly impacted.

            For purposes of this study only Greenland, Portsmouth, and Rye were included in the
            inventory, analysis and action plan, since North Hampton has only a small amount of'
            acreage in the southernmost portion of the Watershed.

            Natural Resources

            The following discussion is an inventory and analysis of the Watershed's natural
            resources, including: topography and slope; geology and soils; water resources (including
            wetlands); vegetation; and fish and wildlife. In 1991, IEP, Inc. conducted a natural
            resources map inventory of the watershed using the ARC/INFO geographic information
            system. Copies of these maps are located with community officials in Portsmouth and
            Rye. A description of these maps is found in Appendix A of this report. These maps are
            referred to in the Watershed description.


            Topography and Slope

            The Berry's Brook Watershed tends to be gently sloping with elevations that range from
            sea level to 151 feet at Breakfast Hill near the headwaters in Greenland. More
            significant topography is located in Rye and Greenland between the Portsmouth
            boundary and Breakfast Hill Road and Washington Road where the range is from 40
            feet to 140 feet. Further down the Watershed are several areas of higher topography
            that also coincide with the roadway crossings. The first is at Lang Road where the
            elevations are between approximately 40 and 60 feet. The second is at Sagamore Road
            where the elevation is approximately 16 feet and the third is at Brackett Road where the
            elevation is between 10 and 12 feet. See Map 7, Topography, from the Berry's Brook
            Watershed Map Inventory-


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             EM's Brook Watershed Management Plan                                  InvenLqa and An

             This map also displays slope derived from the Soil Conservation Service (SCS) soil
             classifications. The most predominant category of slope is 0 - 3%, although there are
             significant areas of 3 - 8% slopes along the watershed boundaries near Breakfast Hill,
             Washington Road and Wallis Road. Another area of 3 - 8% slopes is between Brackett
             and Sagamore Roads. There are only a few areas of 8 - 15% slope, most of which are in
             the headwaters area near Breakfast Hill.


             Land use limitations based upon slope usually begin when slope is between 12% and
             15% and become more restrictive as slope increases. While the Breakfast Hill area has
             relatively significant topography, in general, slopes are not steep enough to limit
             development in the Watershed nor be considered as a resource that may require
             protection.

             Geology and Soils

             The Watershed area is generally composed of glacial and marine geologic deposits that
             overlay bedrock composed of granite and mica schists. The predominant deposits
             include stratified drift, unsorted glacial till, marine clays, and swamp deposits.

             Each soil type in the Watershed reflects its derivation from one of these deposits. Thus,
             the poorly and very poorly drained soils are found associated with the marine clays and
             swamp deposits. The Soils Map (Map 5) from the Watershed Map Inventory was
             derived from the Rockingham County Soil Survey, interpreted for drainage class. This
             type of interpretation provides an indication of the moisture regime in the Watershed in
             supplementing (or replacing) a vegetative analysis or as an aid to determine wetland
             locations. The drainage classes also indicate the potential suitability for development;
             that is, the more poorly drained soils have greater limitations for development than the
             more well drained soils. Table I summarizes the acreages of the various drainage classes
             as well as land use codes (eg., gravel pit), where soil interpretations were unable to be
             accomplished because of pre-existing land uses.

















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            Be           atershed Y   ment Plan
              ta's Brook W       _gMr                                              InvenLqa and An

                   Table 1 Acreages and percentages of the Berry's Brook Watershed according to
                   land use and drainage class.

                   Land UselDrainage Class           Acres Percent of Total

                   Urban Land*                       429           11.3%
                   Gravel Pit                        43            1.1%
                   Open Water                        26            0.7%
                   Excessively Drained               558           14.7%
                   Well Drained                      932           25%
                   Moderately Well Drained           59            1.6%
                   Poorly Drained                    1161          30.5%
                   Fresh Water Muck and Peat         524           13.8%
                   (Very Poorly Drained)
                   Tidal Marsh                       70            1.8%
                   (Very Poorly Drained)

                          Total                      3,802 acres   100%

                          These areas consist of lands that are covered by streets, parking lots and
                          buildings. They are rectangular or irregular in shape and are 4 - 250 acres
                          in size.


                   Source: Soil Conservation Service Soil Survey of Rockingham County, New Hampshire.


            The soil drainage categories in order of predominance include:

            0      Poorly drained - these soils make up almost one third of the Watershed (1161
                   acres) and are generally associated with the lowland area adjacent to Berry's
                   Brook between Sagamore Road and the headwaters of the watershed.

            0      Well and moderately well drained - These soils are associated with glacial till
                   deposits. Taken together, these soils make up 26% of the watershed or 991
                   acres. Between Sagamore and Brackett Road these soils exhibit sballow-to-
                   bedrock characteristics of the Hollis-Charlton soil type and are limiting for
                   foundations and septic systems. The Sutton soil type, and those similar to it, are
                   found in the transition areas between the poorly drained and excessively drained
                   soils along Washington and Wallis Roads. Seasonal high water table may pose
                   limitations to development.







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              #SM's Brook Watershed Management Plan                                      InvenLoa and Analysis

              0      Very poorly drained - These soils include freshwater muck and peat (524 acres) and
                     tidal marsh (70 acres). Poorly and very poorly drained soils generally constitute
                     what the Soil Conservation Service considers hydric soils. These soils are often
                     used as the basis for wetlands regulations in many New Hampshire communities,
                     including Rye. Poorly and very poorly drained soils constitute almost one half
                     (46%) of the watershed's soils. By including open water, 46.87% of the watershed
                     may be considered "wetland".

              0      Excessively drained - These gravelly loam soils associated with stratified glacial
                     drift are found along the ridgeline that constitutes the boundary of the watershed
                     in Rye. These soils have exceedingly high permeability and tend to be the most
                     suitable for development. However, problems should be anticipated from
                     residential developments where the lots along the watershed boundary may be on
                     well drained soils while back lots closer to the Berry's Brook or its associated
                     wetlands may encounter seasonal high water table or poorly and very poorly
                     drained soils. In addition, the rapid infiltration rates associated with these soils
                     make groundwater susceptible to contamination from septic systems or roadway
                     runoff.


              The remainder of the Watershed -- 498 acres or approximately 13% -- is composed of
              either open water, urban land (particularly adjacent to Lafayette Road) and the Coakley
              gravel pit/landfill in Greenland.

              Water Resources


              The water resource or hydrologic system in the watershed is complex and due to the lack
              of specific, comprehensive data, only a qualitative analysis follows, based in large part
              upon the Water Quality Management Plan for the Town of Rye (Wright - Pierce Engineers,
              1982).

              Berry's Brook is a sluggish brook flowing through freshwater and tidal marshes for much
              of its 6.2 mile length. Its average fall is only 13 feet per mile as compared to the other
              streams in the area that fall at least 26 feet per mile. Its mean flow is estimated to be
              1.8 cubic feet/second (cfs). This flow does not include the influence of the twice daily
              tidal flush that results in a significant flow of oceanwater into the lower reaches of the
              brook. Wright-Pierce estimated the fill volume (based upon water depth at high tide) to
              be 5.1 million cubic feet compared to Bailey Brook which has a fill volume of only 1.2
              million cubic feet. Berry's Brook also has an estimated tidal flow of 470 cfs compared to
              Rye Harbor which has a tidal flow 111 cfs. The tidal flow in Berry's Brook is quite
              significant relative to other tidal streams in Rye and is far in excess of freshwater flows,
              thus providing significant dilution of pollutant loads. (Wright-Pierce, 1982).





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            Agn's Brook Watershed Mang&ment Plan                                    InvenLM and Angbgk

            Groundwater

            Groundwater levels within the Watershed tend to approximate tide levels in the lower
            reaches of the watershed and streamwater levels in the lowland inland areas. In the
            upland areas it is believed that groundwater is bedrock controlled, although elevations
            are generally unknown except where there are larger sand and gravel deposits (stratified
            drift) along the ridge lines along Washington and Wallis Roads in Rye and along
            Lafayette Road in Portsmouth and Rye. In these areas, subsurface contours indicate
            depths of 40 to 80 feet to groundwater significance. See Map 8, Aquifers from the
            Watershed Map Inventory.

            Although these areas are not used for municipal supplies and many of the Watershed's
            residents and businesses are on municipal water, the existing groundwater in the
            Watershed may be susceptible to impacts from leaking septic systems, or urban runoff
            that infiltrates into the soil. Sands and gravels tend to be more permeable than other
            soils and are particularly susceptible to contamination.

            Floodplains

            Floodplains are valuable because they have the ability to store flood waters during storm
            events. They are generally best left undeveloped, providing habitat for flora and fauna
            and potential passive recreation. Due to the relatively small size of the drainage area of
            the watershed, floodplains are confined to the tidal marsh areas at the lower reaches of
            the watershed and to the wetland and ravine areas adjacent to the brook itself in the
            inland areas.


            Portsmouth, Rye and Greenland participate in National Flood Insurance Programs and
            have regulations that manage development in Zone A -- 100 Year Special Flood Hazard
            Area. Berry's Brook in Portsmouth and Rye is within Zone A. At present, however, the
            segment of Berry's Brook in Greenland is not in the 100-year floodplain.

            In Rye, the undeveloped land in the 100 - year floodplain is also generally classified as
            wetlands and thus is strictly regulated by ordinance to ensure that only appropriate
            activities are allowed. Portsmouth, on the other hand, does regulate activities in the
            floodplain through a floodplain ordinance, but without a wetlands regulation it does not
            have the same degree of control over its floodplain areas.










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              EM's Brook Watershed Manq.Mment Plan                                    lnvenLoa and A

              Surface Water Quality

              Berry's Brook is legally classified as a Class B water under RSA 485A:8, meaning that it
              is suitable for fishing and swimming. The water quality standards for Class B waters are
              found in Appendix B. Two critical parameters for Berry's Brook that determine water
              quality are: (1) dissolved oxygen (DO) which must be maintained at not less than 75%
              of saturation, and (2) Escherichia coli that must not exceed greater than 153 per 100
              milliliters in any one sample. In tidal waters where the growing and harvesting of
              shellfish occurs the number of enterococci can not exceed 104 per 100 milliliters in any
              one sample.

              The State of New Hampshire through the Water Supply and Pollution Control Division
              of the Department of Environmental Services conducts a statewide water quality
              sampling and analysis program. The closest stations to Berry's Brook are located in
              Little Harbor with two (2) on Frost Point (Odiorne State Park) and one (1) in mid-
              channel of the harbor near the breakwater. The water quality at these stations in 1977,
              based on total coliform, was of good quality -- consistently at or below 15 total
              coliforms/100 ml (at that time the standard was 70 total coliforms/100 ml). Subsequent
              monitoring has not been conducted.

              In 1979, as part of the Water Quality Management Plan for Rye, a water quality
              sampling and analysis program was undertaken. The purpose of the program was, in
              part, to assess Rye's general surface water quality and to determine the impact of known
              potential point and nonpoint sources of contamination on surface water quality. Four (4)
              sampling stations were located in the Berry's Brook Watershed:

                     0      Station 21 - in the estuary at Brackett Road.
                     0      Station 22 - at Sagamore Road near Bellyhack Bog.
                     0      Station 23 - off the main channel on a small tributary at the Liberty
                            Common Subdivision.
                     0      Station 24 - near Breakfast Hill Road in Greenland.


              A summary of the results follows in Table 2. According to the Wright-Pierce report,
              total coliform concentrations generally exceed the standard for both fresh and marine
              waters in Berry's Brook, although the tidal water sampling station (#21) further down
              the brook indicates lower coliform counts than the other three fresh water stations. The
              report concludes that high total coliform counts are generally soil-based or naturally
              occurring rather than contamination from human sources.









                    F&Ms Brook Watershed Management Plan                                                                                  Inventoa and Analysis

                    Table 2 Summary of Water Quality Data, 1979

                                          Logarithmic Average (H/100 ml, Membrane Filter)                                              Arithmetic Average

                                                                                                                                                  Total
                                No.       Total       Fecal       Fecal                                                                Nitrate    Non-Filtcrable
                    Station     Samples   Coliform    Coliform    Strep.     FC/FS      DO Sat. M                                      (mg/0      Residue (mg/1)



                    21*         4            280      28          52         0.5        85                                             0.05                  45
                    22          3         1,615       43          83         0S         62                                             0.05                  39
                    23          2         2,088       20          85         0.2        39                                             0.32                  39
                    24          4            698      29          161        1*2        20                                             0.11                  46


                    Totals      13           757      30          88         0.3



                                                                             Total                 Fecal                  Fecal
                    For Comparison: (logarithmic averages)                   Coliform              Coliform               krm                     FC/FS

                    1916 Merrimack R, a, Nashua                              30,SOO                  1,770                180                     9.0


                    1976 Saco K at Bartlett                                     50                     10                  18                     0.6


                    1978 Androscoggin R. at Gorham                           88,600                  11700                ---


                    -           Indicates tidal water.


                    Source: Water Quality Management Plan, Town of Rye, 1982.



                    The brook also exhibits a dissolved oxygen (DO) deficiency from its source in Greenland
                    to the tidal portion of the stream. At the time of the sampling in 1979, this condition
                    was attributed in part to upstream beaver impoundments, that created a marsh
                    environment, resulting in a DO deficiency. This condition was unable to be mitigated
                    until the tidal estuary was reached, because of the slow moving, marshy environment in
                    the freshwater portions of Berry's Brook.

                    The nitrate levels were relatively low and it was concluded that there appeared to be no
                    significant contributions of effluent to the brook from human sources, such as septic
                    tanks or failed septic systems. In addition, even at saturation build out, it was predicted
                    that nitrogen loading to the brook would not be significant (Wright-Pierce, 1979).
                    Wright Pierce concluded that the low dissolved oxygen levels, high suspended solids,
                    moderately high and erratic total coliform densities, low fecal coliform densities and low
                    FC/FS ratios are typical of small, sluggish streams with a preponderance of marshes such
                    as Berry's Brook.








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            Berry's Brook Watershed Management Plan                             Inventory and Analysis

            Since 1984, there has been a state interagency group (including the Department of Public
            Health, the Fish and Game Department and Water Supply, and Pollution Control
            Division) that has been monitoring the estuarine waters of the state to determine
            coliform and contaminant levels in sediment, water and shellfish. Several documents
            summarizing the results of bacterial contamination in shellfish waters have been
            published since 1987. Little Harbor is one of the designated areas that has been
            sampled and analyzed. There are four (4) stations in the Berry's Brook area: one at the
            Brackett Road crossing, one at the Pioneer Road crossing, one at Sheafes Point and a
            final one at the Little Harbor breakwater. See Figure 1. Results of this sampling and
            findings can be found in:

                  0     Interagency Report on the Shellfish Waters of New Hampshire, 1989,

                  0     Coastal Shellfish and Water Quality, August 1991,

                  0     Draft Report, Findings and Recommendations, Legislative Shellfish
                        Committee, November 1992, and

                  0     Annual Sampling Summaries, Department of Public Health Services.












                          Figure 2 - Water Sampling Stations in Little Harbor Area
                           Source: Coastal Shellfish and Water Quality - Progress Report, 1992
                                                   
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             &a's Brook Watefshed Mangp_ement Plan
                                                                                       lnventM and An

             In the original 1984 sampling, high coliform counts were discovered at the sampling
             stations in Berry's Brook. Given the available funding and the decision to concentrate
             on areas where there was expected to be more improvement in the water quality, the
             interagency shellfish group decided to eliminate the sampling stations in Berry's Brook.

             These reports attributed much of the past water quality problems in the Little
             Harbor/Berry's Brook area to the Portsmouth Sewage Treatment Facility. In 1992,
             Portsmouth activated an advanced primary system that is expected to settle heavy metals
             and organic pollutants, thereby improving the water quality in the Lower Piscataqua and
             Little Harbor area. Other potential sources of coliform bacteria include marinas on a
             seasonal basis and unsewered locations in Sagamore Creek (Fish and Game, 1991).

             The 1989 Interagency Report made several recommendations to improve water quality in
             shellfish waters that might lead to re-opening the shellfish beds: 1) initiate a sanitary
             survey and take appropriate actions to eliminate any failed septic systems, and 2)
             identify causes and sources of coliform problems due to nonpoint-source pollution. The
             Legislative Committee report recommends an expansion of the basic monitoring
             program, both in terms of the number of stations sampled, and also in terms of more
             frequent sampling.

             A program that has been sponsored by the UNH Sea Grant Extension Program, called
             the Great Bay Watch, has been monitoring the water quality of the Great Bay Estuary
             and the Coastal Marine Laboratory in New Castle. Unfortunately, at this time, there are
             no stations in the area of Berry's Brook.

             The quality of the surface water in Berry's Brook needs to be maintained at a Class B
             standard. Although the brook has been given this standard, past water quality
             monitoring has been inconsistent and needs to be conducted on a routine basis to
             provide a more accurate assessment of the key water quality parameters. In addition,
             testing for such parameters as heavy metals and organic compounds can provide a more
             accurate measure of the pollutants reaching the brook from urban runoff -- ie. streets,
             parking lots, commercial land uses, etc.















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                    &M's Brook Watershed ManqFement Plan                                                                            InvenlM and An

                    Wetlands

                    Berry's Brook watershed contains over 1,340 acres of wetlands or approximately 35% of
                    the watershed based upon the wetlands map from the watershed map inventory
                    conducted in 19911.

                    Using data from the Portsmouth and Rye wetlands maps, the wetlands in the watershed,
                    were grouped on the basis of the predominance of certain plant communities and then
                    aggregated onto a single map for the Watershed inventory. The wetland types were
                    classified into seven general categories based upon the major characteristics and
                    vegetative species likely to be encountered. These include: open water, scrub/shrub,
                    forested wetlands, fresh marsh, tidal marsh, and mud flats. The emergent marsh and
                    forested wetlands are further divided as seen in Table 3, and further described in
                    Appendix A, Map Inventory - Summary Report.

                    The most predominant wetlands type is forested wetland comprising over 75% of the
                    wetland community. The most abundant species in the forested wetland is red maple.
                    Understory species include such tall, bushy shrubs as blueberry, northern arrowwood, and
                    winterberry. Ground level species include skunk cabbage, cinnamon and sensitive fern.
                    Typical coniferous species include: hemlock, white pine and Atlantic white cedar. These
                    have been classified as a subset of the forested wetlands in Table 3 and Map 3,
                    Wetlands, from the Watershed Map Inventory.

                    The second most abundant type of wetland is the emergent marsh that comprises only
                    10% of the wetlands. The emergent marsh, usually characterized by very poorly drained
                    soils, includes such species as: cattail, rushes, water lilies and a variety of sedges.



                                These figures vary with the previous calculation for wetlands in the Geology and Soils Section of this
                                report, in part, because different definitions for wetlands have been employed depending upon which
                                method for wetland delineation has been used. For purposes of this wetlands discussion, the definition
                                is based upon a modified version of the US Fish and Wildlife Service Wetland Classification System.
                                Using the Soil Conservation Service definition of hydric soils, almost half of the watershed (46%) can
                                be considered wetland (see previous discussion on soils). The wetlands of both Rye and Portsmouth
                                have been mapped individually using the modified US Fish and Wildlife Service method -- Rye's through
                                the Coastal Wetlands Mapping project sponsored by the New Hampshire Office of State Planning in
                                1986 and Portsmouth through its Wetland Delineation and Mapping Project in 1985.

                                United States Soil Conserwation Service/Wetiand Definition

                                Wetland Soils - Poorly and very poorly drained mineral and organic soils with the water table at or near the ground surface for
                                seven or more months of the year.

                                United States Fish and Wildlife Service/Wetland Definition

                                Weilands - are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface
                                of the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the Following
                                three attributes: (1) at least periodically, the land supports predominantly hydrophytes-, (2) the substrate is predominantly
                                undrained hydric soil; and (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time
                                during the growing season of each year.
                                                                                         13









            BeMls Brook Watershed Management Plan                               Inventoa andAnq&s

            Table 3 Acreages of the various wetland cover types identified within the Berry's Brook
            watershed.


            Wetland Type                     Acres Percent of Total

                  Forested Wetlands
                  Deciduous                    935         69.7%
                  Coniferous                    59.6       4.4%
                  Atlantic White Cedar          8.3        0.6%
                  Dead                          5.8        1. 4 'Yo
                                                                 76.1%

            Scrub/Shrub                        118         8.8%

            Emergent Marsh
                  Wet Meadow                    22         1.6%
                  Shallow                       86         6.4%
                  Deep                          13         1.00/0
                                                                  9.0%

            Open Water                          23         1.7%
            High Salt Marsh                     59         4.4%
            Panne                               7.3        0.5%
            Mud Flats                           4.7        0.3191o


                  Total                      1,341.7 acres       100%

            Sources:     Coastal Wetlands Mapping Program, Normandeau Associates, Inc., NHOSP, 1986
                         Portsmouth Wetland Delineation and Mapping Project, IEP, Inc., 1985.

            The Portsmouth Wetland Mapping Project identified 14 individual wetlands within the
            Portsmouth portion of the watershed. Of these 14 wetlands, it was determined that two -
            - BB-3 and BB-7 -- were suitable candidates to be designated as Prime Wetlands under
            NH RSA 482-A:15. BB-3 is a large system south of Lang Road and BB-7 is a large
            system north of Lang Road and east of Lafayette Road. The mapping project also
            identified these two (2) wetlands and a third -- BB-1 -- as three of the five most
            threatened in the City, because of nearby development or inappropriate land-use
            practices, such as inadequate treatment of runoff and erosion. The Berry's Brook
            Watershed Map Inventory identified another prime wetland candidate that was originally
            classified as a Packers Bog wetland -- PB-3. This wetland is actually within the Berry's
            Brook watershed and appears to be hydrologically connected with BB-1 and BB-2.
            Consequently, it would appear that this total system -- located to the west of Lafayette
            Road in the Coach Road area -- is not only valuable because of its prime wetland
            qualities, but also because it is one of the most threatened.



                                                      14









              AM's Brook Watershed
                                    qMrment Plan                                      InvenLM and AngbLsk

              The Rye Coastal Wetlands Mapping Program, identified eleven (11) individual wetlands
              within the watershed. Of these, six (6) fulfill the definition of Prime Wetlands under
              New Hampshire law -- BE012 and BE014 through BE018.

              The Watershed's wetlands (in Rye) are "in good condition and represent natural
              resources whose integrity should be preserved and protected." (Wright-Pierce, 1982).
              The Wright-Pierce report did not consider the wetlands in the Portsmouth and
              Greenland portion of the Watershed. While it appears that the wetland resources in
              much of the Watershed are in "good condition", there have been some significant direct
              impacts to wetland resources since 1982, eg. the Woodlands in Portsmouth. The major
              impacts have been associated with developments along Lafayette Road and subdivision
              developments along Washington and Wallis Roads. This type of development has
              degraded the quality of some of the Watershed's wetlands and needs to be more
              rigorously regulated in the future in order to better protect these resources.

              Vegetation

              The Watershed's natural forest vegetation consists of a variety of deciduous and
              coniferous species. The majority of these are associated with the wetland environment
              that constitutes a significant portion of the Watershed. Much of the Watershed is
              comprised of stands of deciduous forest consisting of primarily red maple (Acer rubrum).
              There are also scattered stands of white birch. Significant forest stands are located in:
              (1) the headwaters area, and (2) a large area that straddles the east-west border between
              Rye and Portsmouth, including an area referred to as the Parsonage Woods. These
              woods also contain other species, including white pine (Pinus strobus), hemlock (Tsuga
              canadensis), spruce (Picea rubens), and beech (Faggs grandifolia). (Reynolds, 1978).

              Another large forested area adjacent to the brook begins at Lang Road and runs to
              Bellyhack Bog. Interconnected with this forest area is a stand that runs easterly across a
              Rye conservation commission parcel and town-owned parcel adjacent to the Rye
              Elementary School and then south through the Liberty Commons area across the Rand
              Lumber property to an area called Tahltan Woods. These tracts include lowland forests
              consisting of such species as red maple, red elm (Ulmus serotina) and some black birch
              (Betula lenta) and upland woodlands characterized by white pine, red spruce (Picea
              rubens), hemlock, beech, sugar maple (Acer saccharum), and yellow birch (Betula lutea).
              (Reynolds, 1978). These tracts are all second growth forests.

              The Bellyhack Bog area is an extensively vegetated marsh that has a variety of plant
              species from emergent marsh to deciduous and coniferous forest species to a significant
              scrub/shrub wetland that includes tall and compact shrubs and tree saplings, such as
              speckled alder (Alnus rugusa), pepper bush (Clethra alnifolia) and red-osier dogwood
              (Cornus stolonifera).




                                                           15









            Be          atenhed M=gff_ment Plan                                  InvenLM and Anatysis
             M's Brook W

            The final segment of the Watershed is the area between Sagamore Road and the bridge
            at Pioneer Road. In addition to a complete array of saltwater marsh plants, the estuary
            area contains various forest species between Brackett and Sagamore Roads. After
            crossing Sagamore Road, Berry's Brook flows through an extensive hemlock (Tsuga
            canadensis) ravine forest before entering the marsh to the west of Brackett Road. This
            hemlock forest contains many mature old trees, and is very dense and shaded in
            character. Mixed in with the hemlocks are numerous white pine (Pinus strobus) trees.
            At the point where the stream leaves the hemlock forest and begins to enter the marsh
            estuary, numerous transitional species grow. Some of these include Atlantic white cedar
            (ChamaeMaris thyoides), white oak (Quercus, bicolor), tupelo (Nyssa sylvatica), red
            cedar (Junil2erus virginia ) and bayberry (Myrica 12ennsylvatica). (Reynolds, 1978).

            The salt marsh area begins approximately half way between Sagamore and Brackett
            Roads and continues to the Pioneer Road bridge. It is dominated by salt tolerant
            species such as low cord grass (Sl2artina alterniflora) in the intertidal zone, salt hay grass
            (Spartina patens), and high marsh species including spike grass (Distichlis saiLata) and
            blackgrass (Juncus gerardii).

            As part of the vegetative cover mapping (see Map 3, Wetlands) for the original
            Watershed mapping project, Atlantic white cedar stands were specifically identified
            because of their inherent value and scarcity. These locations were taken from maps that
            were based upon field work conducted by Clotilde Straus between 1972 and 1975. Four
            (4) individual stands are located near Lafayette Road where Berry's Brook crosses at the
            Rye - Portsmouth boundary. Another stand has been identified off Lafayette Road in
            Portsmouth near one of the tributaries of Berry's Brook. Through easements, acquisition
            and regulation several stands in the Portsmouth area have been protected.

            The New Hampshire Natural Heritage Inventory has listed the following rare plants
            known to be found within the boundaries of Portsmouth, Rye and Greenland and which
            are likely to occur in Berry's Brook watershed. Future field reconnaissance and studies
            should confirm the presence or absence of these species, since some may no longer exist
            (Straus, 1992).

            0     Chamaecyparis thyoides (Atlantic White Cedar)
            0     Salicornia. begelowi (Dwarf Glasswort)
            0     Iris rismatica. (Slender Blue Flag)
            0     Agalinis maritima (Salt-marsh Gerardia)
            0     Melaml2yrum lineare var. latifolium (Cow-wheat)
            0     Malaxis unifolia (Green Adder's-mouth)
            0     Campanula uliginosa (Greater Marsh-bellflower)
            0     Eq.uisetum variegaturn (Variegated Horsetail)





                                                      16










             PSM's Brook Watershed YANgment Plan                                   InvenLM and Anqbs

             The Watershed is rich in its diversity of natural vegetation, much of which is an integral
             part of the Watershed's wetland ecosystem. Many of these species are "threatened or
             rare" and have been subject to impacts from previous developments, such as those cited
             in the preceding wetlands section. These resources need to be protected in order to
             sustain the integrity of the vegetative and wetland environment of the Watershed.

             Fish and Wildlife


             The mix of fresh and salt water environments in Berry's Brook provide a rich habitat for
             a variety of fish and wildlife. Sea run brown trout are found in the brook from the
             estuary up to Bellyhack Bog. The New Hampshire Fish and Game Department annually
             stocks this stream with up to 7,000 anadromous fish. Other trout are also found in the
             brook, including rainbow and brook trout. These species are not stocked.

             The Fish and Game Department has initiated an angler survey program to obtain better
             data on the amount and size of brown trout caught or taken from the brook to monitor
             the success of the stocking program. Survey cards are placed in a box on Brackett Road
             where the brook crosses. In addition, there are oyster beds from the estuary up to the
             area near Brackett Road, although all beds have been closed for the past five years.

             The Fish and Game Department also keeps trapping records by town and city
             throughout the state. Based on an analysis of these records, there appears to be a
             diversity of wildlife in the watershed area, However, this conclusion is based upon
             interpretation of the data by municipality, not for the Watershed. Based upon these
             records, populations of beaver, otter, mink, muskrat, racoon, fisher, weasel, gray fox and
             red fox are likely to be found in the watershed. Furthermore, the towns of Rye,
             Greenland and North Hampton have the highest density of deer of any communities in
             the state. This density is due in part to the milder climates of the Seacoast area and
             relatively light hunting pressure as well as the diversity of habitat, such as is found in the
             watershed. Because the deer habitat is so extensive on a year round basis, the State Fish
             and Game Department has not identified specific deer wintering yards. However, it is
             common for deer to winter during periods of deep snow in coniferous -- especially
             hemlock -- stands. There are several of these in the Watershed. See the Watershed
             Map Inventory Map 3, Wetlands and Vegetative Cover.

             There is also a variety of song, shore and migratory birds, waterfowl and ground nesting
             birds in the Watershed. The migratory birds and the combination of wetlands and
             upland habitats provide food and cover. The variety of birds is also the result of the
             large undisturbed acreage available in the watershed. Critical habitat size for the species
             typically found in the Watershed is between 500 - 1,000 acres.






                                                        17









            PSMs Brook Watefshed Manag_ement Plan                                InvenLea and An

            The Audubon Society of New Hampshire has identified a number of threatened and
            endangered wildlife species of known or potential occurrence in the Watershed.
            Endangered species include: banded bog skimmer, shortnose sturgeon, common tern,
            upland sandpiper, bald eagle, peregrine falcon, sedge wren and Henslow's sparrow.
            Threatened species include: least tern, arctic tern, roseate tern, Cooper's hawk, northern
            harrier, osprey, common night hawk and purple martin. Species of special concern
            include: American brook lamprey, Jefferson salamander, Blandings turtle, least bittern,
            red-shouldered hawk, eastern screech owl, vesper sparrow and New England cottontail.

            The New Hampshire Natural Heritage Inventory has listed the Orchard Oriole (Icterus
            spurius) as a rare animal species known to be found within the boundaries of
            Portsmouth, Rye and Greenland and which is likely to occur in Berry's Brook watershed.
            The complete list of species and explanations are found in Appendix C, Rare,
            Threatened and Endangered Species.

            Dr. Clotilde Straus, Portsmouth City Arborist, has also conducted field studies in the
            Watershed for rare and valuable plant species. The results of this work are included in
            Appendix D.
































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             AM's Brook W&enhed Y
                                  gy_aMmmt Plm                                     Inven@M @wd AnWvsis
             Analysis of Land Use Regulations

             Rye

             The land that is still vacant or open in the Watershed in Rye is generally zoned either as
             Single Residence or General Residence. Both districts require at least 44,000 square
             foot lots with a coverage of no more than 30%. The Single Residence District is
             somewhat more restrictive requiring a deeper front yard (40 feet compared to General
             Residence of 30 feet). The General Residence allows 2 - family dwellings as long as the
             frontage and depth are at least 200 feet and the lot area is 88,000 sf.

             Along Washington and Wallis Roads there are several small Business and Commercial
             zones. These districts require 44,000 square foot lots. In the Business District lot
             coverage cannot be more than 40%. In the Commercial District lot coverage can be no
             more than 75%. There is also a Historic District along Wallis Road in the Rye Center
             area. There is a significant Commercial District along both sides of Lafayette Road
             which encompasses property that could be developed for commercial use.

             Regulations directly concerned with natural resource management and protection include
             the Wetlands and Flood Hazard Overlay Districts. The Wetlands District, based upon
             Soil Conservation Service poorly and very poorly drained soil categories, encourages
             conservation and protection of the town's wetland resources allowing only such uses as
             forestry, agriculture and passive recreation. Permanent structures are generally not
             permitted. In addition, there is a 100-foot buffer from tidal marshes, perennial streams
             and freshwater marshes that prohibits dredging and filling, septic systems and permanent
             structures. The ordinance also is very restrictive in terms of forest management and tree
             cutting.

             The Town has also implemented a Flood Hazard District that corresponds with the
             FIRM 100-year flood plain. These regulations in effect allow development in flood
             plains as long as certain building standards are met.

             The Town's Land Development (subdivision) Regulations, adopted in 1988, contain
             "Standards of the Preservation of Natural Features and the Environment" that encourage
             protection of wetlands, woodlands, historic resources, open areas for recreation, and
             groundwater protection. In addition, the regulations require adherence to the design
             practices for erosion and sediment control as outlined in the Soil Conservation Service's
             Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire
             (1981). Furthermore, the Planning Board may request "minimum lot size by. soil
             classification", a provision that requires High Intensity Soils Mapping for a proposed
             subdivision. Minimum lot size based on this mapping is intended to ensure no
             degradation to water quality from septic systems. The Planning Board recently adopted
             the updated model soil-based lot size regulations published by NH DES (1991). In some
             instances, poorly drained (wetland) soils may be used as part of the lot size calculation.

                                                         19









             BeM@s Brook Watershed Management Plan                                   InventoEy and Analy5is

             This provision is a change from former regulations that did not allow any wetland soils
             to be used in a minimum lot size calculations.

             In short, it would appear that Rye's Zoning Ordinance and Land Development
             Regulations are generally adequate to protect the Watershed from inappropriate
             development. Some updating of standards to minimize envirorunental impact from
             development should be considered; otherwise, the challenge for the town is to enSUre
             that the regulations are properly enforced.

             Portsmouth


             Land within the City of Portsmouth portion of the Watershed that is still available for
             development includes land zoned for residential, commercial and industrial land use (see
             Watershed Map Inventory, Map 2, Municipal Zoning). In the northwestern portion of
             the watershed (generally in the area of the Woodlands development), there is available
             land in the SR I and 11 Districts. Along the eastern border with Rye, in addition to the
             SR I district there is also land available in the Rural Residential District. In addition,
             there is land available in the Commercial and Mobile Home District east of Lafayette
             Road and south of Hillcrest Estates to the Rye border. There is also vacant land west of
             Lafayette Road in the Coach Road area that is within the Industrial and Rural Districts.

             The Single Residence (SR) I and II Districts and rural districts generally permit single
             family homes and accessory uses. The following table presents lot size and cover
             requirements for each of these districts:


                                  Minimum Lot           Maximum Building           Minimum
             District             Lot Size              Coverage (no               Open Space (61o)

             SR 1                 1 Acre                10                         50
             SR 11                20,000 sf             20                         40
             Rural                5 Acres               5                          75



             The Industrial District permits a variety of business and institutional uses. It requires a
             2-acre minimum lot size with a maximum building coverage of 50% and a minimum
             open space of 20%.

             Two city-owned lots comprising 54 acres between the Beechstone and Springbrook
             developments constitute a Conservation District. The Conservation District permits only
             tree farms and forestry; wildlife refuges; parks and play grounds; and nature trails and
             horse riding areas.




                                                         20









                a's Brook Watershed Manqpement PL=                                 Inven!ea and Anqbgk

             The City has adopted a Floodplain Development Ordinance as part of the Zoning
             Ordinance that applies to all lands within the special flood hazard area as indicated on
             the FIRM maps -- 100-year flood plain. These ordinances regulate development in
             floodplain areas to ensure that additional flooding does not result and that the structure
             is properly sited and constructed to be flood proof

             Portsmouth does not have a natural resources overlay district, such as a wetland
             ordinance, although a draft ordinance is currently being developed.

             Portsmouth's subdivision regulations for residential development may require natural
             feature protection; buffer strips of at least 50 feet around surface waters, wetlands or
             other natural features; and park dedication. The regulations provide for a plan for
             "minimizing soil erosion and sedimentation during construction and operation of the
             proposed development". These regulations provide general guidelines for the plan, but
             do not, at present, reference any design handbooks or manuals as a guide to developers
             for generally accepted practices to minimize impacts from storm runoff, erosion and
             sedimentation.


             Portsmouth has also developed a rigorous set of Site Review Regulations for all
             developments except small commercial, industrial or residential activities, i.e., less than
             five (5) dwelling units. These regulations are set up as a community impact analysis for
             traffic, utilities, schools, fire, site drainage, noise, flood hazards, and natural features.
             There are also standards for pedestrian circulation and screening and landscaping. This
             approach to regulating development is generally commendable, although it appears as
             though the standards for protection of natural features are rather weak since impacts are
             to be avoided "whenever possible". There are no specific standards to be met.

             These standards and regulations are administered, in the first instance, at a minimum, by
             the Site Review Technical Advisory Committee, comprised of representatives of all City
             Departments concerned with development. The Chairman of the Conservation
             Commission sits as a voting member of the Committee. The TAC makes
             recommendations as to conditions contingent on approval to the Planning Board which,
             as a rule, follows them.

             Portsmouth's land development regulations need to be significantly improved in the area
             of natural resource protection, especially standards for stormwater management, erosion
             and sediment control, and wetland protection. It should be noted that, at the time this
             Management Plan is being written, the Zoning Ordinances and Site Review Regulations
             are in the process of revision and it can be expected that many matters now unwritten
             will be addressed and codified.









                                                        21









            BeM@s Brook Watershed Management Plan                                 lnvcnto[y and Analy5is

            Greenland


            Within the Berry's Brook Watershed land is only zoned Residential. In this district the
            minimum lot size is 60,000 square feet of which at least 45,000 square feet must be
            contiguous non-wetland soil. Wetland soils are defined as poorly and very poorly
            drained soils, as determined by using high intensity soils mapping. There must also be a
            minimum lot frontage of 200 feet and minimum setback of 30 feet.

            The subdivision regulations contain a provision to minimize soil erosion and to require
            developers to provide an erosion and/or sedimentation control plan. Any erosion
            control plan required by the state shall be made available to the Planning Board. The
            town also has stringent standards for septic systems. In addition to meeting state
            standards, the town requires vertical distances from the bottom of each leach field to be:

                   Vertical Distance


                   Seasonal High Water Table                              4 feet
                   Hard Pan Layer                                         4 feet
                   Bedrock                                                8 feet
                   (6 feet with community or municipal water supply)

            In addition, the town requires 18 inches of natural permeable soil above seasonal high
            water table for leachfields and four feet of natural soil above bedrock.


            Greenland's Site Plan Review Regulations are rather perfunctory and provide little or no
            standards for development.

            Because of its large lot zoning that requires large areas of non-wetland soil and stringent
            septic system regulations, Greenland's land use regulations are generally protective of
            water quality in the watershed. However, the large lots may have significant negative
            impact on other watershed resources, such as wildlife habitat. The town has no natural
            resource protection overlay districts, such as for wetlands, that might provide greater
            overall watershed resource protection.














                                                        22






I
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I      THREATS TO WATERSHED
                  RESOURCES
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             Berry's Brook Watershed Management Plan               Threats to Watershed Resources
             Existing and Potential Threats to
             Watershed Resources

             There are a number of existing and potential threats to the quality of surface waters,
             wetlands and wildlife habitat within the Berry's Brook Watershed. In general, these
             pollution sources are considered to be nonpoint-source pollutants. Examples of sources
             that may affect the Watershed include:

                   0     Runoff from streets and parking lots, that may contain bacteria, heavy
                         metals, hydrocarbons, sediments and suspended solids;
                   0     Stormwater runoff that may contain pesticides, herbicides and fertilizers;
                   0     Inappropriate road salting and storage practices, such as spreading large
                         quantities of salt unnecessarily or not covering salt storage piles;
                   0     Soil erosion and sedimentation from improperly controlled construction
                         practices;
                   0     Leaking underground storage tanks;
                   0     Failing septic systems;
                   0     Direct application of mosquito - control chemicals, and
                   0     Impacts from marine-related activities.

             Some of these threats have been documented for the Watershed while others are
             suspected and may need further investigation.

             In 1991, the Rockingham Regional Planning Commission conducted a pollution source
             mapping project that included Portsmouth, Rye and Greenland. The report was limited
             to the following types of threats: mining, storm drains, combined sewer overflow,
             sludge/seepage disposal, salt storage piles, snow dumps and pesticide application sites.
             Therefore the listing below should not be considered a complete list. In the Berry's
             Brook watershed only storm drains were identified as threats. The potential threats
             identified in this report are as follows:

                   Location                              Type of Threat

                   Rye Junior High School                Storm Drains, Drain into Wetlands
                   Washington Road
                   Breakfast Hill Common                 Storm Drain
                   Washington Road/Route 1
                   Beechstone Apartments                 Storm Drain, Drains into Wetlands
                   Lang Road/Lafayette Road






                                                     23









           Berr-y's Brook Watershed Management Plan                Threats to Watershed Resources

                  Location                               -Type of Threat

                  White Birch Plaza                      Storm Drain
                  Lafayette Road/Heritage Avenue
                  Southgate Plaza                        Storm Drain, drains into wetland area
                  Lafayette Road                         across Lafayette Road

                  Source: Pollution Source Identification, RPC Region, Phase 1, 1992.

           The junior high school and Breakfast Hill Common are considered to be minor or
           insignificant threats to the water quality of the Watershed. They are relatively small in
           area and are not adjacent to a permanent surface water tributary to Berry's Brook.

           Other threats to the Watershed's resources were identified by Council members. These
           include some  of the above in addition to:


                  0      Ralph's Truck Sales at the intersection of Lafayette Road and Lang Road
                         for storage of potentially hazardous materials.

                  0      Hillcrest Estates Mobile Home Park on Lafayette Road. This park is
                         adjacent to a wetland area which is a candidate for Prime Wetlands (BB-3)
                         designation as identified in the Portsmouth Wetland Mapping project.
                         There has been incremental encroachment into wetland areas as the park
                         has expanded.

                  0      Beechstone Apartments, Spring Brook Condominiums and the Woodlands.
                         The Beechstone Apartments are prevented by agreement with the City to
                         expand towards Berry's Brook. However, the Springbrook Condominiums
                         have available land for expansion. These developments have encroached
                         upon a Prime Wetland candidate (BB-7). The Beechstone Apartments and
                         the Cedars Condominiums were among several sites that were field
                         investigated in the spring of 1993. At the Beechstone, it was observed that
                         at least one parking lot stormwater drain discharges directly into a wetland
                         area. This type of situation could be mitigated through a minimal change
                         to the stormwater runoff design that provides for a small detention area to
                         trap sediments. Similarly at the Cedars, there is at least one area where
                         stormwater from a parking area discharges directly into one of the large
                         detention ponds without being filtered through a vegetative buffer. As a
                         result, sediment has collected in the near shore waters of the pond.
                         Current practices, such as those observed at the Beechstone and Cedars
                         can pose a cumulative threat to the Watershed's resources. Further -
                         observation and analysis of existing stormwater management and erosion
                         and sediment control practices should be considered.




                                                     24









               BcM@s Brook Watershed Management Plan                           Threats to Watershed Resourecs

                       0       The Coach Road area west of Lafayette Road near the Rye boundary is a
                               potentially serious threat to the Watershed's resources because the area is
                               zoned for industrial uses. As noted in the wetlands section, this area has a
                               rich diversity of wetland wildlife and forest resources, such as upland
                               hemlocks and Atlantic white cedars. The wetland area is a Prime Wetland
                               candidate BB-1 that is associated with both BB-2 and the wetland that has
                               been identified in the Packers Bog Watershed as PB-3 -- also a potential
                               Prime Wetland.


                       0       Habitat fragmentation - the rapid and dense development within certain
                               portions of the Watershed, especially along the Lafayette Road corridor
                               has resulted in loss of valuable wildlife habitat. This development has had
                               an impact on the Watershed's resources by reducing the land area that
                               provides food, nesting and breeding habitat and travel corridors for
                               wildlife.


                       0       The Coakley Landfill Superfund Site in North Hampton is just OLItside the
                               topographic boundary of the Watershed. It is currently under investigation
                               as a Superfund Site. In 1988, a remedial investigation and feasibility study
                               was conducted that identified contamination at the landfill and the fact that
                               contaminants including volatile organic compounds (VOC's), heavy metals
                               and nitrates were migrating to the northwest of the site. This area includes
                               wetlands at the headwaters of Berry's Brook in the Breakfast Hill area in
                               Greenland. At present there are monitoring wells at the northwest,
                               southwest and Route I portions of the site that have been sampled on a
                               periodic basis. In 1989, representatives from NOAA investigated the
                               Breakfast Hill wetland areas and were not concerned about the potential
                               impact. The EPA has recommended that the landfill be capped and that a
                               program to pump and treat the groundwater for up to 10 years be
                               implemented. At present, consultants for the PRP's (Potentially
                               Responsible Parties) are conducting investigations of the site. The
                               consultants will document results of the studies and provide
                               recommendations for remediation in a report to be completed in the fall of
                               1993.


               To date there appears to be no definable impact to the water quality of Berry's Brook.
               The existing release of contaminated waste is being addressed through the SUperfUnd
               remediation process. However, the Council should continue to monitor the progress of
               the remediation program. A final "feasibility study and proposed plan for remedi,-Ition" is
               due to be made public by late fall of 1993. The Council should be prepared to,respond
               to this report.






                                                                25









             Begys Brook Watershed ManWement Plan                     Threats to Watershed Rcsources

                    0      The former Rye Landfill - is located within the Watershed near the
                           headwaters just west of Lafayette Road and south of Breakfast Hill Road.
                           It is an approximately 6-acre site that was closed in 1986 and capped in
                           1987 with six inches of loam and a clay cap. There are eight (8)
                           monitoring wells of which three are wet. The wells have been monitored
                           regularly, since the facility was closed.

             All water quality parameters are below EPA guidelines for contamination. This site
             does not appear to pose a threat to the water quality of Berry's Brook nor the sensitive
             natural resources of the Watershed.

             In addition, there are several areas within the Watershed that are subject to development
             that pose potentially serious impacts to the Watershed because of large size and/or
             nearness to Berry's Brook or its contiguous wetlands. These include:

                    1.     The headwaters area west of Lafayette Road, that includes both residential
                           and commercial zones; in Greenland (where much of the land is owned by
                           Seawall and Ciborowski) and in Portsmouth (where much of the land is
                           owned by Ciborowski).

                    2.     Two areas in the southern portion of the Watershed east of Lafayette
                           Road, including one in Rye (owned by Ciborowski) and one in Portsmouth
                           between the town boundary and the Hillcrest Mobile Home Park.

                    3.     A residential area in the southeast portion of the watershed in Rye
                           adjacent to Washington Road near the Webster Nursing Home.

                    4.     Several residentially-zoned areas off Lang Road in both Rye and
                           Porstmouth, also including a portion of the Rand property.

                    5.     A residentially zoned area in Portsmouth that includes the Cavaretta
                           property.

                    6.     Two large residential ly-zoned parcels on either side of Brackett Road in
                           the lower portion of the Watershed.

             These areas are categorized as Developable Lands on the Watershed Management Plan
             Map that is part of this report.








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             BerEy's Brook Watershed Management Plan                                 Build-Out Analysis
             Watershed Build-Out Analysis


             A build-out analysis is a useful technique to determine the potential number of new
             residential dwelling units and maximum commercial/industrial square footage that can
             be built in a given area, such as a municipality or watershed. By using a parcel map,
             property owner information, an existing land use/land cover map, and a municipal
             zoning map and ordinances, the amount of developable land can generally be
             determined. However, the accuracy of this analysis is based to a great extent on the
             accuracy of the data that is available.

             The build out analysis for Berry's Brook Watershed included portions of three
             municipalities--Greenland, Portsmouth and Rye. The following maps were used from the
             Watershed Map Inventory: the Parcel Map, the Zoning Map and the Hydric Soil
             coverage from the Soil Map. The only other information that was required was land
             use/land cover. Since there was no recent mapping of this information, the Portsmouth
             Planning Department conducted a windshield survey that was verified by Watershed
             Council members. Therefore, while most of the Map Inventory information in this
             analysis is reasonably accurate, the land cover information should be considered in light
             of the manner in which it was prepared.

             By combining the above maps into a composite map, the gross areas of available land
             was determined. This determination was based upon the following methodology:

                    1.    All areas of very poorly drained soils and known critical resource areas,
                          such as Atlantic white cedar stands, were eliminated from consideration.

                    2.    Areas that were relatively small and/or not accessible to roadways were
                          generally discarded on the assumption that they would be unlikely to be
                          developed. For example, there is a small portion of the Trefethen property
                          in Rye on the Portsmouth boundary that was not considered developable,
                          because it is cut off from access by a significant amount of very poorly
                          drained soils.


                    3.    All publicly owned parcels were eliminated from consideration.

             For the remaining potentially developable areas the following procedure was used to
             determine the amount of available acreage.

                    1.    The area of each potentially developable area was calculated.

                    2.    For each area, approximately 15% of the total acreage was deducted to
                          account for any critical on-site resources, such as wetlands, and interior
                          subdivision roadways.


                                                       27









              Berry's Bro2k Watershed Management Plan                                   Build-Out Analysis

                    3.     Using the Watershed zoning map, the remaining acreage of each
                           undeveloped area was categorized as residential or commercial/industrial
                           and density calculations were prepared for each. This resulted in either
                           potential new residential units or potential commercial/industrial square
                           footage for each area. These individual areas were then aggregated for
                           each community and totalled for the Watershed as shown in Table 4.


                                      Table 4 - Potential Watershed Build Out


                                                              Commercial/Industrial
                                  Residential Units    Acres  S12ace(sf)           Acres

                    Greenland            100           150+   NA                   NA


                    Portsmouth           290*          175    220,000              265

                    Rye                  350           410    1,300,000            95

                    Total                740           735    1,520,000            360

                           Includes 100 mobile home units.




              In spite of the fact that much of the Watershed is developed and that much of the
              watershed is classified as very poorly drained soils, there is still a significant potential for
              additional residential and commercial/industrial growth. These numbers only serve to
              indicate the relative potential for future growth since the analysis relies upon existing
              generalized land use data. In addition, these numbers may be modified downward, since
              poorly drained soils in Rye, included in its Wetland Overlay District, were not totally
              eliminated from consideration.



















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             Begys Brook Watershed Management Plan                                         Action Plan
             Watershed Goal and Policies


             Goal


             Protect the unique natural inland and coastal resources of the Berry's Brook - Bellyhack
             Bog drainage basin and the Berry's Brook - Little Harbor estuary within an inter-
             municipal management framework that allows for appropriate development and
             recreational use.


             Policies


             1.    Protect and enhance the quality of surface and ground water resources within the
                   Berry's Brook Watershed through sound land use policies, regulatory enforcement,
                   public education, and proper infrastructure maintenance and improvements.

             2.    Protect open spaces that have significant scenic, recreational, wetland, water,
                   wildlife, fishery, and/or rare and endangered species value through acqL]isition,
                   easement, or some other means.

             3.    Promote appropriate public access and recreational opportunities within
                   designated portions of the Berry's Brook Watershed.

             4.    Preserve and protect critical fish and shellfish resources, wildlife habitat and
                   migration corridors, and rare and endangered species through proper management
                   and regulation.

             5.    Identify and protect environmentally sensitive natural resource areas inClUding
                   rivers and streams, shorelands, the estuary, coastal and inland wetlands,
                   floodplains, and aquifer recharge areas.

             6.    Direct new development away from environmentally sensitive areas throLigh
                   proper land use regulation.

             7.    Minimize the negative impacts of existing and proposed development on
                   surrounding natural, scenic, open space, and passive recreational resources.









                                                        29










             Berry's Brook Watershed Management Plan                                        Action Plan
             Watershed Management Strategies

             While much of the Berry's Brook Watershed is developed, significant land remains
             available for development. In addition, there is a potential for redevelopment of some
             existing uses, especially the commercial uses along Lafayette Road. The watershed
             management strategies presented below address impacts from existing and future
             development activities, as well as provide opportunities for public use of the Watershed's
             natural resources.


             These strategies can be broken down into two general categories--regulatory and non-
             regulatory. Regulatory strategies that are suitable for the Watershed include:

                    0      zoning;
                    0      subdivision regulations;
                    0      site plan review regulations;
                    0      wetlands and groundwater protection;
                    0      erosion and sediment control;
                    0      stormwater management;
                    0      wastewater management; and
                    0      hazardous materials management.

             The first four strategies listed above deal primarily with controlling future land uses
             within the Watershed, while the remaining four deal with controlling potential sources of
             pollution from both existing and future land uses.

             Non-regulatory strategies for the Watershed include:

                    0      land acquisition,
                    0      conservation easements,
                    0      current use taxation,
                    o      transfer of development rights, and
                    0      public education and information.

             The implementation of a mix of these management strategies is critical to the long-term
             protection of the Watershed's water and wetland resources. To the extent possible, these
             strategies should be addressed and implemented as a fully integrated package in order to
             provide the highest level of protection and management of the Watershed's resources.









                                                        30











             Berry's Brook Watershed Management Plan                                             Action Plan

             A number of these strategies are consistent with the goals of existing and updated
             master plans. For example, Portsmouth has recommended the adoption of a wetland
             ordinance in furtherance of its Master Plan goal to "continue to protect the function of
             natural resources through innovative zoning techniques." In addition, Rye and
             Portsmouth have protected open space and critical natural resource areas through
             acquisition, e.g. the Adams property along Berry's Brook, and conservation easements,
             e.g. the areas surrounding the Woodlands Development. Thus, the strategies presented
             here are meant to reinforce, and expand upon, some of the activities that the Watershed
             communities have already begun.

             As a part of the Action Plan for the Watershed, a Watershed Management Plan Map
             was prepared that identified various management areas including, Protected Resource
             Areas, such as high salt marsh and publicly owned lands; Resource Management Areas,
             such as poorly drained soils and parcels with high resource value; Public Access Areas;
             and Developable Lands. Many of the recommended management strategies that follow
             are included graphically on this map.

             Regulatory Strategies

             Zoning

             Issue: Regulatory protection for the Watershed's resources is fragmented among three
             communities--Greenland, Portsmouth, and Rye. While there is state jurisdiction through
             a permit process over certain activities in wetlands (NH RSA 482-A) and significant
             alteration of terrain (NH RSA 48SA:17), the primary control for development is at the
             local level. Each community has varying degrees of control over activities that might
             impact the Watershed's natural resources and quality of the water in Berry's Brook. Rye
             is the only community to have a natural resource protection zone -- a Wetlands
             Ordinance and a Conservation District that includes the salt marshes adjacent to the
             lower end of Seavey Creek adjacent to the Watershed. Portsmouth has several
             Conservation Districts in the watershed and several Rural Districts that require large lot
             zoning (5-acre lots). Portsmouth is also currently considering the adoption of a wetlands
             district. Greenland relies only on large lot zoning--60,000sf--as a means to protect
             watershed resources.


             Discussion: Zoning regulates the use and density of land development by establishing
             minimum building lot sizes, maximum lot coverages, and setback distances from property
             boundaries, streets, and sensitive resource areas (i.e., estuaries, wetlands, streams, or
             other water bodies). Controlling future land use is clearly an important element. of
             protecting the Watershed's sensitive natural resources and the quality of Berry's Brook.
             Although there is no established minimum lot size which assures the protection of water
             quality, it is generally accepted that lot sizes based upon the potential impact to critical
             natural resources, when coupled with appropriate site development guidelines, provide
             better water quality protection.

                                                           31











             Berry's Brook Watershed Manavement Plan                                          Action Plan

             While there has been a reliance on large lots, i.e., greater than one acre, as a means to
             protect natural resources, a more suitable approach is to ensure that the overall density
             within a given area be compatible with the ability of the environment to sustain given
             types of development. This approach can usually be accomplished through a more
             flexible zoning technique, such as cluster or open space zoning. In essence, this option
             allows higher density on land within a large parcel that can accommodate such an
             increase, while providing areas of open space where the land is more sensitive. The
             overall density of the parcel remains the same as the underlying zone. In addition, any
             such changes to the zoning density should be accompanied by appropriate coverage and
             setback requirements to ensure protection of any adjacent sensitive resource areas.
             When zoning regulations are designed in a manner which considers the land's capacity to
             attenuate nutrients and other pollutants, flexible zoning can be one of the most effective
             tools available to a community to preserve critical natural resources.

             In addition, there are a number of options for protection of specific natural resources
             through the use of overlay districts that in effect overlay the existing underlying zone
             while affording additional protection to a particular resource. Commonly adopted
             overlay zones include: watersheds, wetlands, slopes, and shorelands. Rye has already
             adopted a Wetland Ordinance. The New Hampshire Office of State Planning has
             prepared a Model Shoreland Protection Ordinance (1993) for use by local communities.

             Recommendations:


             1.     Base any future zoning changes upon the capacity of the Watershed's land and
                    water resources to accommodate development.

                    a.     Cluster/Open Space Development

                           Each of the communities in the Watershed should adopt a cluster or open
                           space development option where the overall residential lot densities are
                           equal to, or greater than, 40,000 square feet. If adopted, the original
                           residential zone setback dimensions, etc. could remain the same.

                    b.     Increased Lot Size


                           Portsmouth should consider rezoning the SR 11 zone that is within Berry's
                           Brook Watershed to SR 1, thus making the minimum lot size 40,000 square
                           feet. Where site conditions dictate and/or where sewer is available,
                           density may be increased through the cluster option.







                                                         32










              Berry's Brook Watershed Management Plan                                          Action Plan

              2.     Adopt and implement a Watershed Protection District for the protection of the
                     Berry's Brook/Little Harbor Watershed. This district would establish specific
                     land use controls for residential and nonresidential areas within the watershed.
                     The overlay district would be established as a Watershed Protection District
                     provision within local zoning ordinances, under the authority of NH RSA 674:21.

                     An ordinance of this kind may:

                     0      Define the boundaries of the District to include all land draining to Berry's
                            Brook to the greatest extent possible. For regulatory purposes, the district
                            boundaries should be easily identifiable, or legally defined, landmarks, such
                            as roads or town boundaries.


                     0      Permit, only by special exception, any non-residential land use which
                            involves the usage or storage of hazardous materials, herbicides,
                            pesticides, or fertilizers.

                     0      Consider the development and implementation of a resource-based land
                            use allocation model for the Watershed that is based on the assimilative
                            capacity of Berry's Brook. For example, see Phosphorous Control in Lake
                            Watersheds: A Technical Guide to Evaluating New Development, Maine
                            DEP, 1989 or Model Subdivision Regulations for Soil-Base Lot Size, NHDES
                            and Rockingham County Conservation District, June 1991.

                     0      Include provisions for shoreland protection that use the Model Shoreland
                            Protection Ordinance prepared by the NH Office of State Planning, January,
                            1993 as a source document. Within a defined shoreland area consider the
                            prohibition of certain commercial uses--such as gas stations that are
                            currently permitted in Rye's commercial district--which may cause
                            significant impact to the Brook. The Watershed Management Plan Map
                            includes a 250-foot buffer zone around the Berry's Brook and its tributaries
                            to identify those areas where such provisions may be appropriate.














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             Berry's Brook Watershed Manapement Plan                                            Action Plan

             Subdivision/Site Plan Review Regulations

             Issue: Portsmouth's subdivision and site plan review regulations generally lack specific
             standards for protection of the Watershed's sensitive natural resources. Greenland's
             subdivision regulations have strict standards for septic systems, but lack specific standards
             for protection of the Watershed's resources. Greenland's site plan review regulations
             provide minimal standards for development. Rye's subdivision and site plan review
             regulations are generally appropriate for managing development in the Watershed, but
             the guidance document cited for managing erosion and sedimentation from new
             development is outdated. Furthermore, in some instances planning boards have
             approved plans with conditions for open space and conservation areas, but these
             conditions have not been legally recorded as part of the deed in the county registry of
             deeds.


             Discussion: Subdivision regulations constitute an important means of local control over
             the quality of proposed multiple lot/commercial-industrial developments in each of the
             Watershed communities. These regulations establish:

                    0      provisions for the local review of preliminary and final subdivision plans;
                           and;

                    0      design standards for subdivisions.

             Within these regulations, standards for erosion and sediment control, stormwater
             management    and open space set asides may be established to protect sensitive
             Watershed resources. Further discussion of some of these standards follow this section.


             Recommendations:


             1.     Revise each community's subdivision/site plan review regulations to incorporate
                    the following provisions:

                    0      specify that an Environmental Impact Review (EIR) may be required, and
                    0      require a claim of "no adverse phosphorous, nitrogen, or coliform impacts
                           to Berry's Brook". To substantiate this claim, the regulating board may
                           conduct a technical review by a consultant of its choice.

             These provisions should apply to any proposed subdivisions greater than five acres or site
             plans for a commercial/industrial use greater than 50,000 square feet of gross floor area
             (Portsmouth' Site Review Regulations already generally conform to these threshold
             criteria)

             2.     Revise each community's subdivision and site plan regulations to incorporate
                    standards for erosion and sediment control and stormwater management, as
                    outlined in subsequent sections.

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              Berry's Brook Watershed Management-plan                                               Action Plan


              3.     Consider the adoption of a regulation that requires a cutting plan for any cutting/
                     logging activity within the Watershed that directly impacts 40,000 square feet or
                     more, whether for purposes of timber sale or new development.

              4.     Each COMMUDity'S subdivision and site plan review regulations should provide for
                     the option of conducting a technical review at the expense of the applicant for any
                     proposed activity that might have an adverse impact on the sensitive resources,
                     such as critical wetlands, of the Watershed. Such a review should be conducted
                     by a recognized authority, such as a certified civil engineer, certified soil scientist,
                     certified wetland scientist or expert natural scientist.

              5.     Ensure that any conditions of subdivision or site plan approval, that set aside
                     property for open space or conservation, be legally recorded as part of the deed at
                     the Rockingham County Registry of Deeds.

              Wetlands Protection


              Issue: Wetlands, both tidal and fresh water, are resources that provide many valuable
              functions, including the removal of sediments, nutrients, and other potential pollutants
              from stormwater runoff and other overland flows to Berry's Brook. In addition, the
              wetlands of the Watershed provide: 1) flood control, 2) habitat for fin fish, shellfish,
              and a variety of wildlife, 3) communities of rare, endangered and threatened species and
              4) potential recharge areas for ground water supplies. Past development in certain areas
              of the Watershed, particularly along Lafayette Road, have had a negative impact on the
              Watershed's wetland resources. For example, the Woodlands residential development has
              encroached directly into a potential Prime Wetland area, BB-7. The protection of
              wetlands within the Berry's Brook Watershed is critical to protecting the Brook and
              other sensitive resources within the watershed.

              Discussion: Wetlands are currently regulated at both the federal level (Section 404 of
              the Clean Water Act) and the state level through RSA 482-A. The New Hampshire
              statute was designed to preserve the critical natural functions of wetlands as outlined
              above.

              At the federal level, the Army Corps of Engineer (ACOE) manages the wetlands
              program for permitting any dredging or filling of wetlands. lbrough an agreement with
              the ACOE, the state Wetlands Board administers both the federal and state programs
              to permit any dredging or filling of wetlands up to three (3) acres in size. Any state
              approved project is subject to a 21-day waiting period for an ACOE review, comment-or
              intervention, if appropriate. The Conservation Commissions in'Greenland, Rye and
              Portsmouth are empowered through state statute to comment on, and set conditions on,
              development proposals which may significantly impair critical wetlands functions.



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              BerEy's Brook Watershed Management Plan                                            Action Plan

              As part of the New Hampshire wetlands law there is also a local option that provides for
              the identification of Prime Wetlands (RSA 482-A:15). The aim of this provision is to
              establish criteria for municipalities to select wetlands of significant value that are worthy
              of extra protection because of their uniqueness, quality, fragility and/or unspoiled
              character. The law also provides guidance as to the special consideration that needs to
              be taken by the local Conservation Commission and the state Wetlands Board.

              At the local level, only Rye has implemented a wetland ordinance that specifies
              permitted and non-permitted uses and the exclusion of any wetlands as part of lot size
              calculations for minimum lot size. In addition, minimum lot size may be further adjusted
              based upon the provision in Rye's Subdivision Regulations that requires High Intensity
              Soil Mapping.

              Although Greenland has no wetlands overlay district, there is large lot zoning in the
              watershed and strict regulation for septic system installation. In addition, although
              wetlands may be included in minimum lot size calculation, more than one (1) acre must
              be non-wetland soil.


              Portsmouth does not have a wetland overlay district, although a draft ordinance is
              currently being developed. In addition, Portsmouth's subdivision and site plan review
              regulations have only minimal language to encourage protection of this resource.

              Recommendations:


              1.     The City of Portsmouth should adopt a wetlands ordinance, as well as additional
                     provisions in its subdivision and site plan review regulations to protect wetland
                     resources.


              2.     The Town of Greenland should adopt a Wetlands Ordinance based upon hydric
                     soils maps from the SCS. In addition, consideration should be given to allowances
                     for smaller lot sizes in the residential zone as long as there is no negative impact
                     on the watershed's wetland resources. This can be accomplished through a
                     density bonus provision, cluster ordinance and/or provisions for an Environmental
                     Impact Review in the subdivision regulations, as recommended previously in this
                     report.

              3.     Portsmouth and Rye should consider adopting as Prime Wetlands those wetlands
                     already identified in the Wetland Inventory Section of this plan and previous
                     mapping studies, pursuant to NH RSA 482-A:15. In Portsmouth these would
                     include wetlands BB-3, BB-7, PB-3. In Rye these would include wetlands BE012
                     and BE014 through BE018.





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              Regy's Brook Watershed Manalzement Plan                                            Action Plan

              Erosion and Sediment Control

              Issue: Sedimentation associated with the off-site transport of sediment during
              construction activities, as well as from existing uses with large impervious surfaces, may
              be one of many principal threats to water quality in Berry's Brook.

              Discussion: The implementation of soil erosion and sediment controls is site-specific,
              and numerous factors contribute to determining the level of complexity necessary for a
              given control plan. The topography, size of disturbed area, volume and direction of
              runoff, soil characteristics, vegetative cover, and length and steepness of slope are all
              important factors in the site's susceptibility to soil erosion. In turn, these factors
              determine the type of control measures which should be implemented. In general, the
              goals of erosion and sediment controls during construction and development are to:


                     0      keep disturbed areas small;
                     0      stabilize and protect disturbed areas as soon as possible;
                     0      keep stormwater runoff velocities low;
                     0      protect disturbed areas from stormwater runoff; and
                     0      retain sediments within the corridor or site area.


              While the subdivision regulations in each of the watershed communities require sediment
              and erosion control, only Rye specifically identifies guidelines (Erosion and Sediment
              Control Design Handbook for Developing Areas in New Hampshire, SCS, 198 1) to be
              followed by the site developer. By naming a specific document or methodology, a
              community may lose some of the desired flexibility to keep current with the required
              practices and compliance standards as new technologies or information become
              available. For example, the handbook cited above was updated in 1992. One alternative
              to resolve this issue is to add language which allows for the use of other documented and
              accepted erosion and sediment control practices or guidelines. On the other hand, the
              community should keep abreast of commonly accepted, updated guidance documents
              that are suitable for reference in its land use regulations.

              Compliance standards may either take the form of engineering or design standards or
              performance standards. Engineering standards consist of specific control mechanisms
              that must be included in the proposed development plans (e.g., hay bales, silt fences,
              sediment basins, sod waterways, etc.) for a given site. Environmental performance
              standards, on the other hand, are an alternative to engineering standards. Performance
              standards are d 'esigned to take into account the natural characteristics of the land for
              both erosion potential as well as runoff retention capabilities.

              For further discussion of erosion and sediment control standards, see Appendix E.




                                                           37









             BerEy's Brook Watershed Management Plan                                          Action Plan.

             Recommendations:


             1.     Each Watershed community should reinforce, and or update, existing local
                    sediment and erosion control provisions of the subdivision regulations to include
                    specific recommendations for minimum sediment and erosion control measures
                    for all sites disturbed during construction. Specify a guidance document that
                    developers should follow, or document specific requirements within the
                    regulations. Appropriate guidance documents include the Stormwater Management
                    and Erosion and Sediment Control Handbook for Urban and Developing Areas in
                    New Hampshire, August, 199f- or Schueler's Practical Manual for the Design of
                    Best Management Practices. The requirements set forth in the regulations,
                    including those in any referenced guidance document, should be at least as
                    restrictive as those outlined in the NPDES general permits for construction
                    activities.


             2.     Adopt specific provisions requiring routine inspection and maintenance of erosion
                    and sediment control practices. Inspection and maintenance within the
                    jurisdiction of the community may require further training for existing staff or
                    hiring additional staff. Maintenance of erosion control facilities located on
                    private property should be required through site plan approval as a responsibility
                    of the landowner. The community may want to inspect these devices on a
                    periodic basis.

             3.     Portsmouth and Greenland should revise their subdivision and site plan
                    regulations to reference a preferred guidance document (see Recommendation #1
                    above) or set of guidelines which must be adhered to, or to specifically outline
                    sediment and erosion control compliance standards for new development. Rye
                    should update their regulation to reference the revised 1992 SCS document.

             Stormwater Management

             Issue: Stormwater discharges to Berry's Brook contribute suspended sediments,
             nutrients, bacteria, heavy metals, petroleum hydrocarbons, and other pollutants which
             may degrade water quality, and impair wildlife, fisheries, and human uses. There are a
             number of drains in the watershed identified in the Existing and Potential Threats
             section of the inventory that may be contributing contaminated discharge to the Brook.







             2      This document contains a model erosion and sediment control regulation that is currently under review.
                    The model regulation is scheduled to be re-issued in 1993.

                                                          38











              Berry's Brook Watershed Management Plan                                         Action Plan

              Discussion: The management or control of stormwater runoff may include source
              control (reducing the generation and transport of pollutants) as well as treatment (the
              removal of pollutants prior to discharge to the receiving resource). Traditionally,
              stormwater control measures and any regulation of stormwater runoff associated with
              development activities has focused on flood control (e.g., controlling peak runoff rates,
              etc.). However, more recently, attention has broadened to include water quality
              considerations.


              Stormwater Management for New Development

              Control of runoff from new development is most commonly accomplished through
              subdivision regulations. Stormwater regulations may dictate that new development must
              follow accepted engineering design practices, performance standards, or both.

              Performance requirements or standards set an expected level of performance for the
              stormwater treatment system, while allowing for flexibility in the actual types and
              sequences of treatment devices. An example of a performance standard is the use of a
              treatment criteria. Recent guidance issued by the US EPA and the National Oceanic
              and Atmospheric Administration (NOAA) for the control of nonpoint source Pollutants
              within the coastal zone include the following treatment criteria: "require new
              development projects to reduce the average annual loadings of total suspended solids
              (TSS) from the site by 80% or demonstrate no greater than pre-development loads." (See
              Guidance Speciffing Management Measures for Sources of Nonpoint Pollution in Coastal
              Waters, USEPA, 1993). Similar approaches for establishing treatment criteria have been
              recommended in some states (e.g., Rhode Island which recommends 85% reduction in
              TSS for sensitive resources or watersheds).

              The premise for TSS treatment criteria is that a large proportion of pollutants found in
              urban runoff are associated with particulate material. Therefore, if one removes a
              substantial portion of the suspended solids, other pollutants will also be removed. The
              developer must demonstrate that the proposed stormwater treatment design will achieve
              the desired removal efficiency. This is most commonly done through the use of standard
              design criteria or predictive hydrologic-based water quality models. There are several
              models or guidance documents (e.g., P8 Urban Catchment Model, Schueler's Practical
              Manual for the Design of Best Management Practices, and A Current Assessment of Urban
              Best Management Practices: Techniques for Reducing Nonpoint Source Pollution in the
              Coastal Zone, 1992) which could be used by the reviewing agencies to determine if the
              proposed design would be expected to provide the desired results.








                                                         39











            Berry's Brook Watershed Management Plan                                       Action Plan

            Stormwater Management for Existing Sources

            While regulation of development may minimize impacts of runoff from new
            development, such regulations do not provide a means for controlling pollutant
            discharges from currently developed areas, including roadways. Mechanisms to control
            existing discharges may be of particular importance in watershed areas which are almost
            entirely developed. Control of existing sources must be implemented by the communities
            rather than specific land owners, and may include:

                    0     enhanced maintenance activities, e.g., street sweeping and catch basin
                          cleaning;

                    0     reduced salting and sanding, leaf pick-up and composting;

                    0     retrofitting of catch basins with more effective structures for pollutant
                          attenuation, e.g., catch basins with sumps and oil/grease separators, triple
                          chambered basins, leaching catch basins;

                    0     modifying discharge points, e.g., flow dissipaters (rip rap), vegetated swales,
                          check dams; and

                    0     public education regarding fertilizer/pesticide use, hazardous materials
                          disposal, etc.

            Recommendations:


            1.      Institute a street sweeping policy for public impervious surfaces, including roads
                    and parking lots, on a bi-annual basis in the Watershed to reduce sediment and
                    nutrient loads to Berry's Brook and its tributaries. These sweepings should occur
                    during the autumn after leaf-fall and in the spring immediately after snow melt.

            2.      Institute a similar policy for cleaning catch basins on the same schedule as street
                    sweeping.

            3.      Include provisions in the Rye and Portsmouth site plan regulations that require
                    Best Management Practices for new development based upon accepted manuals
                    as noted in the above discussion. For example, as a condition of site plan
                    approval, require parking lot sweeping on a regular basis, such as monthly or
                    more frequently as dictated by individual site conditions.

            4.      Conduct an inventory of existing stormwater management designs, devices and
                    practices within the watershed. Determine how effective these practices are in
                    maintaining water quality in the Watershed.



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              Begy's Brook Watershed Management Plan                                           Action Plan


              5.     As part of this inventory, conduct stormwater sampling and dry weather
                     observations of the storm drains in the watershed, especially the high density
                     residential (Beechstone, Spring Brook, and Woodlands) and commercial uses
                     along Lafayette Road. Any dry weather discharge may indicate a cross connection
                     or illegal discharge and should be further investigated.

              6.     Where the above inventory of stormwater practices indicates that there is a
                     resultant adverse impact on the sensitive resources of the Watershed, (for
                     example, the erosion of the banks of the detention pond at Springbrook
                     Condominium) consider a policy to retrofit or modify the discharges from storm
                     drains or impervious surfaces that discharge directly into Berry's Brook or its
                     tributaries or contiguous wetlands.

              7.     Modify subdivision and site plan regulations for proposed residential subdivision
                     of 5 acres or greater and proposed commercial and industrial uses of greater than
                     50,000 square feet to incorporate total suspended solids (TSS) treatment criteria
                     of either 85% reduction after construction is completed or no greater than pre-
                     development loadings.


              Wastewater Management

              Issue: Septic systems which are functioning improperly or are poorly maintained can be
              sources of nitrates, phosphorus, pathogenic bacteria, and a variety of inorganic hazardous
              materials. Although there is currently no evidence that failed systems are contributing
              pollutants to the water resources of the watershed, the Watershed Protection Council
              should consider ways to determine if this is a problem.

              Discussion: While septic systems can be effective in removing organic matter and
              bacteria, they function correctly only if the system is properly sited, used and maintained.
              Lots adjacent to waterways and water bodies are often inappropriate for individual septic
              systems, with septic system failure frequently associated with water quality problems.
              The overloading of solids to the system can cause clogging. When this occurs, the system
              requires rehabilitation, which is commonly done with the use of strong acids or organic
              solvents. Such treatment can seriously degrade the water quality of adjacent water
              resources. In addition, hydraulic overload caused by large volume use is a common
              cause of leach field failure (EPA, 1993).









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             Berry's Brook Watershed Management Plan                                         Action Plan

             Soil types and topography play a significant role in the function of septic systems.
             Tightly bound soils such as clay provide poor infiltration. On the other hand, gravel is a
             poor filter because wastewater drains too rapidly for treatment to occur. Likewise, on
             steep slopes inadequate filtering occurs due to rapid flow, or surface break out may
             occur due to a lack of soil penetration. Additional causes of ineffective sewage
             treatment include:

             o   improper maintenance of septic systems, such as failure to pump out frequently
                 enough;

             o   the use of detergents containing phosphates which increase phosphorus loading in the
                 water supply; and

             o   the flushing of household hazardous materials down drains or toilets which can
                 introduce toxins into ground and surface water bodies.

             Aging septic systems require scheduled monitoring to detect signs of system failure and
             scheduled cleaning to avoid seepage levels which comprom ise the system's effectiveness
             at removing contaminants from wastewater. NH RSA 147 and 485-A of the Water
             Supply and Pollution Control Code require owners of properties which have septic
             systems or other on-site wastewater disposal systems to keep such systems in proper
             operational condition at all times. The purpose of NH RSA 147 and 485-A is to provide
             minimum standards for the protection of human health and the environment in
             circumstances where septic systems or other individual subsurface wastewater disposal
             systems are used. These standards may not be sufficient to protect human health and
             the environment in environmentally sensitive areas.

             Recommendations:


             In general, these recommendations apply to areas within the watershed that are
             unsewered, i.e. portions of Rye and Greenland.

             1. Adopt and implement as part of a health ordinance a provision to regulate subsurface
                 disposal systems using the Model Health Ordinance to Regulate Subsurface Disj_3osal
                 Systems and Establish Local Enforcement Procedures prepared by the NH Office of
                 State Planning, December, 1992 as a source document.











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             Berry's Brook Watershed Manaament Plan                                          Action Plan

             2. As a part of the health ordinance, establish a mandatory septic system inspection and
                maintenance program through supplementary health regulations that require both
                cleaning and inspection of all septic systems within 250 feet of Berry's Brook or its
                permanent tributaries. See 250 foot buffer on Watershed Management Plan Map.
                For example, septic systems within the watershed could be required to be pumped
                out every two years with a receipt for such pump out provided to the building
                inspector or included in the property tax bill. This policy may be waived if a
                homeowner can prove that the septic system does not require such action by
                providing written notification to the building inspector from a certified septic waste
                hauler. Inspections/pump outs could also be triggered when there is an application
                for a building permit that includes the addition of a bedroom to a residential unit.

             3. Educate the public regarding the importance of proper use and maintenance of septic
                systems (Refer to the subsequent section on public education strategies).

             4. Encourage/require connection to Portsmouth municipal sewer system, where possible,
                especially the commercial properties in Rye along Lafayette Road.

             5. Consider additional requirements that would be incorporated into the supplemental
                regulations for properties in unsewered portions of the Watershed, such as:

                o   requiring a 100-foot setback distance from Berry's Brook, its tributaries or
                    adjacent wetlands for any portion of a septic system or leaching chamber;

                o   prohibiting the use of chemical septic tank cleaners and/or chemical additives;

                o   requiring septic system design that is sufficient to accommodate discharge from
                    washing machines, dishwashers and garbage disposals (for example, a requirement
                    for a separate leaching system);

                o   amending the building code to require use of low-flow plumbing fixtures to
                    prevent hydraulic overload of leaching systems; and

                o   requiring ground water monitoring annually for the life of the system for any new
                    system designed for greater than 2,000 gallons per day flow or for new clusters of
                    systems designed for greater than 2,000 gallons per day cumulative flow. Such
                    monitoring should test for nutrients (i.e. phosphorous and nitrogen) and bacteria.









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            Berry's Brook Watershed Management Plan                                         Action Plan
            Non-Regulatory Management Strategies

            Issue: The city of Portsmouth and the town of Rye have a number of parcels within the
            watershed that are under public ownership (e.g. the Adams property in Rye). In
            addition, the planning boards in each community have required specific conditions that
            set aside areas for conservation as part of subdivision or site plan approval (e.g. the rear
            portion of the Beechstone Apartments subdivision). These conditions typically establish
            restrictions to limit development adjacent to Berry's Brook. Furthermore, a number of
            parcels in the watershed are under the state's Current Use program. Although each of
            these strategies for maintaining open space has value for protecting the watershed's
            resources, there are additional actions that might be considered.

            Discussion: Non-regulatory management strategies usually entail the acquisition and
            public ownership of, or the placement of restrictions on selected parcels of land within
            the watershed by the respective communities. Although land acquisition is the most
            effective and certain means of protecting Berry's Brook and other environmentally
            sensitive areas in the watershed from adverse impacts of development, it is also the most
            costly. Additional information regarding alternative mechanisms for securing or
            restricting development rights are provided in Appendix G. Open space protection
            techniques include land acquisition, purchase of development rights, conservation
            easements, transfer of development rights, land set asides as part of subdivision
            development, and preferential tax policies such as the current use assessment program.

            Recommendations:


            1.  Identify sites and properties to be targeted for purchase or alternative development
                restriction mechanisms, including conservation easements or current use taxation.
                Approach appropriate property owners to determine their willingness to sell, place
                restrictions/easements on portions of their property or enter the current use program.
                Priority should be given to selecting properties in the Watershed which:

                o   include or border Berry's Brook or its permanent tributaries;
                o   include or border wetlands contiguous to the Brook or its permanent tributaries;
                o   exhibit erosion-prone conditions (e.g.: erodible soils, steep slopes, and clear-cut
                    areas);
                o   contain significant natural features (e.g. rare/threatened species habitat, unique
                    wetland or upland habitat, etc.);
                o   are reasonably accessible from town or state roads; and/or
                o   when purchased, will discourage direct public access to Berry's Brook unless it is
                    a designated site for public access.






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              Berry's Brook Watershed Management Plan                                         Action Plan

              2. Obtain conservation easements as part of the development approval process for
                 parcels and large lots located within critical areas of the Watershed. Ensure that
                 such restrictions or easements are not only a condition of subdivision or site plan
                 approval, but are also recorded with the property deed as a deed restriction. For
                 example while there are legal site review agreements for setting aside conservation
                 areas in the Ceders and Beechstone apartment development, it is not clear that these
                 agreements were recorded with the county Registry of Deeds at the time of plan
                 recording.

              3. Consider the implementation of a TDR system for protecting critical resource areas
                 within the Watershed. The implementation of a TDR system is potentially a very
                 effective watershed protection strategy, but can become a complicated and lengthy
                 process, and should therefore be pursued as a second priority to the current use
                 incentive, easement restriction, and land acquisition alternatives.

              4. Establish a Community Land Trust for the purpose of obtaining key parcels within
                 the Watershed.


              The Watershed Management Plan Map identifies parcels by number within the
              Watershed that have high resource value that may be suitable for protection through one
              of the non-regulatory recommendations above. There are three (3) such properties in
              Greenland, one (1) in Portsmouth and four (4) in Rye.

              Public Education and Participation

              Issue: Land use regulations or public health strategies may be effective at controlling
              sources of water pollution on a large scale throughout the watershed, but do little to
              influence the habits of each resident or business owner within the watershed. Informing
              residents and business owners of the role they can play in protecting Berry's Brook and
              critical watershed resources will complement regulatory strategies by addressing
              watershed protection on a lot by lot basis.

              Discussion: Public education and participation may take many forms, including:

                 ï¿½   public meetings, Awareness Days or workshops,
                 ï¿½   newsletters or fliers;
                 ï¿½   posting of the watershed boundaries and stream crossings;
                 ï¿½   forming neighborhood groups;
                 ï¿½   developing and/or encouraging educational programs and curricula in public
                     schools that relate to natural resourtes protection and watershed management;
                 ï¿½   developing community educational programs for adults; and
                 ï¿½   providing information through the media.




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             Berry's Brook Watershed Management Plan                                          Action Plan

             The most effective form of public education depends upon the target group and the
             objectives of the public education program. The target group for such a program is all
             of the Watershed's residents and businesses as well as state and local land use regulatory
             boards. The objectives should be:

             0      to notify the public and governmental decision-makers of the need for protection
                    of the Watershed;
             0      to identify and explain the issues that threaten the Watershed;
             0      to explain ways in which the target group can participate in watershed protection
                    on an individual basis;
             0      to instill a sense of responsibility for, and interest in, protecting the Watershed;
                    and;
             o      to establish institutions which will sustain and build on the initial efforts to protect
                    the Watershed.


             Recommendations:


             1.     Expand the role of the Watershed Council to hold regular informational
                    neighborhood meetings, and encourage residents and business owners to practice
                    environmentally sound habits through a broad-based public education program.

             2.     Participate in the public review, comment and decision-making process for
                    proposed projects within or affecting the watershed.

             3.     Develop and implement a broad-based public education program that might
                    include:


                    0      periodic newsletters to watershed residents and business that discuss
                           watershed issues and problems;
                    0      fact sheets, such as those provided by the UNH Cooperative Extension
                           Service on specific watershed issues, such as proper installation, cleaning
                           and maintenance of septic systems (See Appendix F for a sample);
                    0      encouraging the use of low flow plumbing fixtures to reduce hydraulic flow
                           to septic systems;
                    0      informative news releases that deal with specific timely issues or a project
                           that might be undertaken by the Watershed Council;
                    0      the development and implementation of a science curriculum within the
                           public school system that includes a section on watershed management;
                    0      self-guided, low maintenance, outside laboratory(ies) or field study area(s)
                           for students and the public; and
                    0      the implementation of Berry's Brook Watersh    'ed Day with programs and
                           events that focus on the opportunities for public enjoyment of the
                           Watershed and the ecological values of the Watershed's sensitive natural
                           resources.





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             Berry's Brook Watershed Management Plan                                           Action Plan




             4.     Implement a "Watershed Watch" group to conduct periodic water quality
                    sampling, perhaps in association with the Great Bay Watch or through the River
                    Watch program based in Vermont that works with groups like the. Watershed
                    Council. Such a program could be conducted at minimal expense initially by
                    sampling for such parameters as temperature, dissolved oxygen, pH, conductivity,
                    salinity, and turbidity. Sampling should occur in the following six locations along
                    Berry's Brook which are identified on the Watershed Management Plan Map:

                    0      Lafayette Road crossing in Rye;
                    0      Lang Road crossing in Portsmouth;
                    0      Rye Elementary School property;
                    0      Sagamore Road crossing in Rye;
                    0      Brackett Road in Rye; and
                    0      Pioneer Road in Rye.

             5.     Develop links with such institutions as the University of New Hampshire (School
                    of Natural Resources or Department of Civil Engineering) or the Jackson Lab to
                    encourage further research and monitoring of the Watershed's natural resources;

             6.     Identify and implement opportunities for controlled public access to the
                    Watershed. Immediate opportunities include:

                    0      rehabilitating the Rye Elementary School Nature Trail in conjunction with
                           the development of an appropriate curriculum as recommended above;

                    0      acquiring and developing an access point where Berry's Brook crosses
                           Brackett Road;

                    0      providing a trail link between the town right-of-way on Berry's Brook Lane
                           and the Seavey Acres Trail that begins at Pioneer Road; and

                    0      working with the NHDOT to improve the safety of, and provide a bike
                           lane along, Pioneer Road between Foye's Corner and Odiorne State Park.
                           This project would provide a link to the existing bike trail at the Park and
                           along Route 1  A.










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            Berry's Brook Watershed Management Plan                                      References

            REFERENCES

            ï¿½   IEP, Inc., Berry's Brook Watershed Mapping Project, 1991.

            ï¿½   IEP, Inc, Portsmouth Wetland Delineation and Mapping Project, June 1985.

            ï¿½   New Hampshire Department of Environmental Services, Water Supply and Pollution
                Control Division, et.al., Staff Report No. 163, Interagency Report on the Shellfish Waters
                of New Hampshire, 1989.

            ï¿½   New Hampshire Department of Environmental Services, Water Supply and Pollution
                Control Division, New Hampshire Water Quality Report to Congress 305(b), Concord,
                New Hampshire, 1992.

            ï¿½   Nelson, John, New Hampshire Fish and Game, Personal Communication, February,
                1993.


            ï¿½   Normandeau Associates, Inc., Phase 2 Report, Town of Rye, The Coastal Wetlands
                Mapping Program, New Hampshire, June 30, 1986.

            ï¿½   Portsmouth's Future Presence, Draft Portsmouth Master Plan Update, 1991, Portsmouth,
                New Hampshire.

            ï¿½   Portsmouth Open Space Plan, 1972, Portsmouth, New Hampshire.

            ï¿½   Reynolds, Philip E., Conservation Master Plan for the Town of Rye, New Hampshire,
                1978.


            ï¿½   Rockingham Planning Commission, Pollution Source Identification, Phase 1, 1992,
                Exeter, New Hampshire.

            ï¿½   Rye Master Plan, 1985, Rye, New Hampshire.

            ï¿½   Southeastern New Hampshire Regional Planning Commission, Municipal Coastal
                Inventory and Assessment Report, August 23, 1979, Exeter, New Hampshire.

            ï¿½   Wright-Pierce Engineers, Water Quality Management Plan, Town of Rye, New
                Hampshire, Phase I Report, January 1982.

            ï¿½   New Hampshire Fish and Garne Department, Coastal Shellfish and Water Quality,
                Progress Report, Concord, New Hampshire, August 1991.

            ï¿½   Legislative Shellfish Committee, Draft Report, Findings and Recommendations,
                Concord, New Hampshire, November 1992.









            BerEy's Brook Watershed Management Plan                                    Rererences

            o Straus, Dr. Clotilde, Portsmouth City Arborist, Personal Communication, May 1992.

            o Strauss, C., Cedars in the City, Forest Notes, Society for the Protection of New
               Hampshire Forests, 1985.

            o  Monahan, Bud, Director, Rye Department of Public Works, Personal
               Communication, February 1993.

            0  Auger, Philip, Extension Educator, Forest Resources, UNH Cooperative Extension
               Service, Personal Communication, February, 1993.

            0  Robinette, Mike, Project Manager, New Hampshire Department of Environmental
               Services, Division of Waste Management, Personal Communication.

            o  USEPA, Guidance Specifying Management Measures for Sources of Non-point
               Pollution In Coastal Waters, #840-B-92-002, January, 1993.

            o  Brown, Jim, Co-Chairperson, Berry's Brook Watershed Protection Council, Personal
               Communications, April/May, 1993.

            o  Schueler, Thomas R., Controlling Urban Run-off: A Practical Manual for Planning
               and Designing BMPs, Metropolitan Washington Council of Governments,
               Washington, D.C., 1987.

            o  Rockingham County Conservation District and USDA Soil Conservation Service,
               Stormwater Management and Erosion and Sediment Control Handbook for Urban
               and Developing Areas of New Hampshire, Exeter, New Hampshire, 1992.

            o  Huber, Wayne C., "Modelling Urban Runoff Quality: State of the Art" in American
               Society of Civil Engineers, Urban Runoff Quality - Impacts and Ouali!y Enhancement
               Technolo--, 1986.

            o  Sator, J.D., and D.R. Gaboury, "Street Sweeping as a Water Pollution Control
               Measure Lessons Learned over the Past Ten Years", in The Science of the Total
               Environment, 33: 181-183, 1984.





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                                           Berry's Brook Watershed


                INTRODUCTION


                IEP, Inc. of Portsmouth, NH was retained by the Berry's Brook Watershed Council during April
                1991 to produce resource inventory maps which would assist the local communities in assessing
                the natural resources and existing land use patterns within this important resource area. The
                Berry's Brook Watershed Council, which oversaw the project, is made up of residents and other
                representatives from the Portsmouth and Rye areas who are concerned with future development
                in and around this watershed. Both the Audubon Society of New Hampshire and the New
                Hampshire Natural Heritage Inventory cite the Berry's Brook Watershed as an area which
                provides important fish and wildlife habitat above and beyond its potential value as habitat for
                threatened and endangered species. Appendix A includes correspondence from these
                organizations citing plant and animal species which are threatened endangered or of special
                concern and which are known to occupy the area.

                Production of these resource inventory maps is the first step in understanding the unique features
                of the watershed and how this important area may be wisely managed in the future. The
                following maps, all at a scale of I" = 600', were produced as part of this study:

                                     Watershed Base Map
                                     Zoning Map for the Towns of Portsmouth, Rye and Greenland
                                     Wetland boundary and vegetative cover type map
                                     Soil map, classified by drainage characteristics
                                     Topographic map
                                     Utility map including water and sewer lines
                                     Property ownership map
                                     Aquifer map.

                This report briefly describes the production of the eight resource maps and the criteria used in
                their development. All maps produced as part of the project were prepared utilizing IEP's
                ARC/INFO geographic information system. Funding for this project was provided by a Coastal
                Zone Management Grant and by matching funds from both the Town of Rye and the City of
                Portsmouth.


                BASE MAP

                The Berry's Brook Watershed consists of a 3,801 acre area straddling the communities of Rye,
                Portsmouth, Greenland and North Hampton (Table 1.). The watershed begins in the Breakfast
                Hill area of Greenland and North Hampton and extends in a north-






              Berry's Brook Summary Report              2                                   IER Inc.


              Table 1. Acreages and percentages of Berry's Brook watershed within the four seacoast
              communities of Rockingham County in southern New Hampshire.

              Community                        Acres                     Percent of Total



              Rye                              2117                             55.7%


              Portsmouth                       1362                             35.8%


              Greenland                        310                              8.2%


              North Hampton                    12                               00.3%


                                 Total         3,801                            100.0%


              easterly direction along the Portsmouth/Rye border before ending just below the Route
              I A/Pioneer Road bridge. At this point waters from the brook mix with water from Seavey
              Creek before discharging into the Sagamore river and then the Atlantic Ocean.

              The base map was prepared by delineating the limits of the watershed on U.S.G.S 7.5 minute
              series topographic quadrangle maps. Once delineated, the watershed boundary was digitized
              into IEP's GIS system. All GIS digital planimetric data produced during the Town of Rye's
              parcel mapping project was obtained and used in conjunction with Portsmouth's planimetric
              maps to produce the base map. The base map not only delineates the limits of the watershed and
              the location of Berry's Brook, but also depicts the road system through the watershed area.
              Finally, approximate locations of Seavey's Mills I and 11 are also shown on the Base map.

              This remaining seven (7) maps were overlaid on the base map to accurately outline the limits of
              the study area.


              ZONING MAP


              A zoning map was produced showing the current zoning districts across the entire watershed.
              Nine zoning classes had been identified for the 4 municipalities. Table 2 summarizes the various
              acreages of each district as depicted on the map.







                 Berry's Brook Summary Report                       3                                           IER Inc.


                 Table 2. Zoning districts and acreages within Berry's Brook watershed as identified from
                 zoning maps for the four seacoast communities

                 Zoning District                         Acres                           Percent of Total



                 Residential                             2773.6                                   73.0%
                 Business                                209.6                                    5.5%
                 Commercial                              182.1                                    4.8%
                 Historic                                19.3                                     0.1%
                 Apartment                               130.3                                    3.5%
                 Industrial                              61.2                                     1.7%
                 Mobile Home Park                        159.0                                    4.3%
                 Conservation Land                       56.1                                     1.5%
                 Rural                                   210.7                                    5.6%






                 WETLAND MAP


                 Wetlands were identified utilizing past wetland delineation studies completed for both the City
                 of Portsmouth and the Town of Rye. IEP, Inc. completed a wetland delineation study in
                 Portsmouth in 1985 in which the major wetland areas were identified, cover mapped based on
                 vegetation type and delineated on the City's tax maps. Normandeau Associates Inc. completed a
                 wetland delineation study in 1986 of the NH seacoast towns (excluding Portsmouth). Wetlands
                 were delineated on ortho-photos for each town during that study. Based on these past efforts,
                 approximately 35% of the watershed or 1,342 acres of wetland were delineated within the 3,802
                 acre watershed (Table 3).

                 Both communities had their wetland delineation information available as planimetric, digitized
                 data so that a composite cover map could be produced showing all the major wetland systems in
                 the watershed. Utilizing 1989 1 " = 600' color aerial photos available from the Town of Rye,
                 previously delineated wetland boundaries were evaluated and cover mapped utilizing a modified
                 version of the U.S. Fish and Wildlife Service wetland classification system* . This classification
                 system, which characterizes each wetland based on the dominant vegetation type present, is the
                 methodology utilized by the U.S. Fish and Wildlife Service for their National Wetland Inventory
                 (NWI) maps. The classification of wetland types utilized in this study is similar to the Fish and
                 Wildlife Service's method but is simpler and more readable. In general, the predominance of
                 certain plant communities determines the type of wetland present. The vegetative cover type
                 into which any wetland may fali is based on a minimum coverage of 30%, assessed visually,
                 beginning with the forest layer strata and progressively working through the

                    Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and
                         Deepwater Habitats of the United States. United States Department of the Interior, Fish and
                         Wildlife Service.






               Berry's Brook Summary Report                  4                                      IER Inc.


               Table 1. Acreages of the various wetland cover types identified within the Berry's Brook
                         watershed .


               Wetland Ty                                                      Percent of Total
                           pe                      Acres


               Wooded Swamp
                  Deciduous                       935                                  69.7%
                  Coniferous                       59.6                                4.4%
                  Atlantic White Cedar             8.3                                 0.6%
                  Dead                             5.8                                 0.4%


               Scrub/Shrub                         118                                 8.8%


               Emergent Marsh
                  Wet Meadow                       22                                  1.6%
                  Shallow                          86                                  6.4%
                  Deep                             13                                  1.0%

               Open Water                          23                                  1.7%

               High Salt Marsh                     59                                  4.4%

               Panne                               7.3                                 0.5%


               Mud Flats                           4.7                                 0.3%


                                    Total       1,341.7 acres


               shrub layer, the herbaceous layer and finally the unvegetated layer. One or several of the
               following wetland classes and sub-classes may be present within the borders of any particular
               cover class. Since the level of detail is limited to the 1"= 600' scale of the final map.

               The following wetland types or classes were used to describe each wetland as it was identified.
               Each description briefly characterizes the major features of each wetland and the vegetative
               species likely to be encountered. Acreages for each wetland type are also found on Table 3.







                 Berry's Brook Summary Report                     5                                         IER Inc.


                 Forested Wetland. This class applies to wetlands dominated by trees which are taller than 20
                 feet and have an average diameter breast height (dbh) greater than 6". This class may also be
                 described as a wooded swamp. By far the most abundant species comprising this habitat is red
                 maple (Acer rubrum). Understory development is often quite pronounced, with abundant tall
                 and bushy shrubs such as high-bush blueberry (Vaccinium corvmbosum), northern arrowwood
                 (Viburnum recoQnitum) and winterberry (Ilex verticillat ). Typical species at the ground layer
                 include skunk cabbage (SymplocaEpus foetidus), cinnamon and sensitive fern (Osmunda
                 cinnamomea and Onoclea sensibilis, respectively), royal fern (Osmund regalis), and sphagnum.
                 moss (Sphagnurn spp.). Wooded swamps are typically seasonally flooded with the water table
                 at or near the ground surface during much of the year. Soil conditions range from well-
                 decomposed very poorly drained organics to poorly drained mineral soils.

                 Any one of four subclasses are included in the description of the forested wetland cover class.
                 These subclasses are:


                        Forested Welland Deciduous dominated by deciduous tree species such as red maple
                        which lose their leaves annually.

                        Forested Wetland Coniferous dominated by evergreen tree species which may include
                        any or all of the following species: hemlock (Tsuga canadensis), white pine (Pinus
                        strobus) and Atlantic white cedar (Chamaecy@aris thyoides).

                        Forested Welland Coniferous (Atlantic white cedar) includes those wooded wetlands
   C-7                  in which known sightings of Atlantic white cedar, an uncommon tree species in New
                        Hampshire, have been documented.

                        Forested Wetland Dead dominated by dead standing timber, usually the consequence of
                        past or persistent beaver activity. Areas classified under this category do not preclude the
                        likelihood that a well developed shrub or herbaceous understory may have develop
                        subsequent to inundation.

                 Scrub/Shrub Wetland. This wetland type is dominated by woody species less than 20 feet tall
                 and with a dbh less than 6". This wetland class may include tree saplings, tall shrubs, and
                 compact shrubs. The woody species listed above are fi-equently found in shrub swamps as well
                 as speckled alder (Alnus rugosa), red-osier dogwood (Comus stolonifera), willows (aali2i spp.),
                 leatherleaf (Chamaedaphne calyculata), pepperbush (Clethr alnifolia), sweet gale (My1ic gale),
                 and buttonbush (Cel2halanthus occidentalis). As in forested wetlands, soil conditions may range
                 from well decomposed very poorly drained organics to poorly drained mineral soils.

                 Emergent Marsh refers to those plant communities dominated by herbaceous plant species.
                 Standing water usually persists in these wetlands most or' the time during the growing season.
                 As a consequence, very poorly drained soils usually dominate this wetland class. This class can
                 be further subdivided into three subclasses based on the average depth of standing water. All
                 wetlands classified in this category are considered freshwater systems.






                Berry's Brook Summary Report                      6                                          IER Inc.


                        Emergent Marsh Shallow This community is distinguished as a shallow fresh marsh,
                        as opposed to the deep marsh, by having an average water depth less than six inches
                        during the growing season. This community is usually dominated by robust or narrow-
                        leaved emergents, such as cattail (Ty
                                                        I     _pha spp.), bur-reeds (Sparganium spp.), rushes
                        (Juncus spp.), woolgrass (SciEl2u cyperinu ), and a variety of sedges (Carex spp.).

                        Emergent Marsh Deep This subclass applies to wetland with an average water depth
                        between six inches and three feet during the growing season. Plant species composition
                        may be similar to that listed for shallow marshes, however, pickerel weed (Pontedaria
                        cordata) and floating-leaved aquatic vegetation such as water lilies (Nyml2hae spp. and
                        Npphar spp.) may be common.

                        Emergent Marsh Meadow This wetland is considered a variety of marsh with little
                        standing water but still dominated by herbaceous plants. Species typically comprising
                        this habitat include a variety of sedges and rushes, sensitive fern, iris (Iris spp.), and
                        various manna grass (  'Glyceri spp.). Wet meadow wetlands are more often dominated
                        by poorly drained soils, and are often a consequence of wetlands that are constantly
                        mowed or grazed.

                High Salt Marsh Typical New England salt marsh is dominated by salt tolerant plants
                collectively called halophytes. These marsh areas are the dominant wetland type occurring
                behind barrier beaches and at the mouths of coastal rivers in highly saline waters. Two
                vegetation zones are evident within the salt marsh: the low marsh and the high marsh. The low
                marsh consists of a single species, salt marsh cord grass (Spartin altemiflora), growing in the
                inter tidal zone, those areas subject to the daily high and low tides in and along tidal creeks and
                channels. The high marsh areas are typically dominated by Spartin patens (salt hay grass),
                those large areas of level marsh generally located behind or immediately upslope of the
                channels. High marsh is more diverse and usually includes several other species such as spike
                grass (Distichlis spicata), black grass ('Juncus gerardii), glassworts (Salicorni spp.), arrow
                grasses (Trijalochin spp.) sea blites (Suaed spp.) and sea lavenders (Limonium spp.) These
                areas are usually only inundated during the higher spring tides. While both habitat types occur
                within the lower levels of the watershed, only the high marsh areas were cover mapped. Low
                marsh is prevalent along the tidal channels, but the cover type was to small to delineate at the
                scale of the maps.

                Panne are depressions or ponds within the high marsh areas. These areas retain salt water for
                longer periods than the rest of the marsh, and evaporation concentrates the salt creating an
                extremely harsh environment. Despite the harsh conditions, pannes are often very important for
                wildlife by providing additional feeding areas.

                Mud Flats are those unvegetated flats typically exposed during the low period of the daily tidal
                cycle. Mud flats are an extremely important habitat type for a number.of shore and wading-birds
                as well as for numerous crustaceans.






                 Berry's Brook Summary Report                     7                                         IER Inc.


                 Open Water Open water is a permanently flooded or intermittently exposed habitat type. It
                 may also be comprised of an aquatic bed with a variety of submerged aquatic plant species
                 and/or possess an unconsolidated bottom of mud, sand, gavel or cobbles. Most areas included
                 in this system are freshwater, however, open water areas adjacent to tidal wetlands (salt marsh)
                 are saline.


                 The final wetland map was produced following development and editing of a series of draft
                 maps. The initial draft map clearly displayed inconsistent location of Berry's Brook between the
                 most recent Rye planimetric data and the digitized wetland maps provided by the New
                 Hampshire Granite GIS. The Watershed Protection Council requested that IEP move the
                 wetland boundary lines to fit the Rye base map, thereby resolving this inconsistency. It is
                 understood that the accuracy of the wetland delineations was decreased following this procedure.


                 SOEL NLAP


                 Soils serve as an excellent indicator of the long term moisture regime of an area, and therefore
                 may either supplement or replace vegetative analysis or aid in determination of wetlands in
                 disturbed or transitional plant communities. Soils which are considered to be wetland (or
                 hydric) soils are those which contain morphological evidence of wetness. Such evidence
                 includes organic horizons of thick dark gray or black surface horizons, gleyed soils below the A
                 horizon, iron and manganese concretions (mottling) within 12 inches of the surface, and
                 evidence of ponding or flooding.

                 The Soil Conservation Service (SCS) uses drainage class as one way to classify soils. Table 4
                 summarizes the acreages of the various drainages classes and land use patterns as described by
                 SCS for the Berry's Brook watershed area.

                 Hydric (or wetland) soils fall into the general categories of poorly drained and very poorly
                 drained. It is not uncommon for communities to consider areas with soils classified as poorly or
                 very poorly drained to be wetlands. Utilizing the SCS Soil Survey of Rockingham County, 'New
                 Hampshire (unpublished) a modified soil map was produced of the watershed based on drainage
                 class. Soil series names as defined by SCS were classified into their appropriate drainage class
                 for creation of the soil map.







               Berry's Brook Summary Report                 8                                       IER Inc.


               Table 4. Acreages and percentages of the Berry's Brook watershed according to land use
               and drainage class based on the Soil Conservation Service Soil Survey of Rockingham
               County, NH.

               Land Use/Drainage Class            Acres                        Percent of Total



               Urban Land                         429                                 11.3%


               Gravel Pit                          43                                   1.1%


               Open Water                          26                                   0.7%

               Excessively Drained                558                                 14.70,/o


               Well Drained                       932                                 2 4. 5 (Vo


               Moderately Well Drained             @9                                   1.6%

               Poorly Drained                     1161                                30.5%


               Water Muck and Peat                524                                 13.8%
               (Very Poorly Drained)

               Tidal Marsh                         70                                   1.8%
               (Very Poorly Drained)

                                    Total         3,802 acres





               Topographic Map

               Topographic information was digitized from 7 1/2 minute quadrangles for the entire
               watershed. FEMA topographic information (5' contour interval) was also digitized, but was
               discarded because only a small portion of the study (the extreme northeast comer) was available.

               In addition to displaying contours, slope information was color-coded and overlaid on
               topographic data. Slope was deiived from SCS soils classifications. In general, SCS slope data
               was very consistent with contour data. One anomaly is present in the northeastern area of the
               watershed, adjacent to Bellyhack Bog, where a small area of moderate slope is located. As'the
               slope of this area should be very low, it is expected that SCS data may be'erroneous.







                 Berry's Brook Summary Report                    9                                       IER Inc.


                 Utility Map

                 This map includes utility information, displayed as color-coded lines running along streets. All
                 water and sewer maps/information was requested ftom Rye Planning and Portsmouth Public
                 Works Departments. The Utility maps displays all data provided to IEP by these Departments at
                 the scale of V = 600'.


                 Property Ownership Map

                 The property ownership map was produced by merging parcel maps from Portsmouth, Rye and
                 Greenland. Initial digitizing revealed significant overlap of the community's parcel maps along
                 borders. This problem was resolved by slightly modifying the parcel lines of Portsmouth and
                 Greenland to fit those of the more accurate Rye parcel maps. All parcel maps were registered to
                 the New Hampshire State Plane Coordinate System.

                 Aquifer Map

                 Aquifer data was obtained from an unpublished groundwater survey produced by U.S.G.S., the
                 most recent aquifer information available for the Berry's Brook Watershed area. IEP was
                 permitted to re-draft all mapped information from this study, including the location of stratified
                 drift, marine and till deposits. Additional information concerning this study may be obtained
                 from Mr. Peter Steckle at U.S.G.S. in Bow, New Hampshire.
   V7




 I
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 I                       APPENDIX B
 I                    WATER QUALITY
 I                      -
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                                                    TTIO'. AND WASTE DISPOSAL                    485-A:8
                                                    U   NT
                                             POLLT


                                                              HISTORY

                             Source. IQ90, 197:6, eff. June 26, 1990.

                             485-A:%c Issuance      of Certificates.
                             I. Upon satisfactory   completion by an applicant of the established re-
                           quirements, the division shall issue to the applicant a suitable certificate
                           designating  the applicant's competency.. The certificate shall indicate the
                           level of operation for which the operator is qualified. The certificate
                           shall remain in effect for 2 years from the date of issuance.
                             II. Certificates shall be renewed biennially and shall be accompanied
                           bv a $50 renewal fee, which shall be deposited pursuant to RSA
                           48'5-A:7-a, Ii.
                             III. Certificates may be issued, upon payment of the $50 fee, without
                           examination, for a comparable classification to any person actively seek-
                           ing employment in New Hampshire who holds a certificate issued by
                           the appropriate certification agency of any federal, state, interstate, ter-
                           ritorial, or other jurisdiction if, in the judgment of the committee, the
                           certification requirements of the jurisdiction granting such certification
                           do not conflict with the division's rules and are not less stringent than
                           rules adopted under this subdivision. The fee shall be deposited pur-
                           suant to RSA 485-A:7-a, 11.

                                                              HISTORY

                             Source, 1990, 197:6. eff. June 26, 1990.

                             4S5-A:7-d Revocation. The division may suspend or revoke the cer-
                           tificate of an operator under rules adopted pursuant to RSA 485-A:6.

                                                             HISTORY

                             Source, 1990, 197:6. eff. June 26, 1990.


                                                    Classification of Waters

                             4,q5-A:S Standards     for Classification of Surface Waters of the
                           State. It shall be the overall goal that all surface waters attain and
                           maintain specified standards of water quality to achieve the purposes of
                           the legislative classification. For purposes of classification there shall be
                           2 classes or grades of surface waters as follows:
                             1. Class A waters shall be of the highest quality and shall contain not
                           more than either a geometric mean based on at least 3 samples ob-
                           tained over a 60-day period of 47 Escherichia coli per 100. milliliters, or
                           greater than 153 Escherichia coli per 100 milliliters in any one sample;
                           and for designated beach areas shall contain not more than a geometric


                                                               361















                                485-A:S      WATER MANAGEME"IN'T AND PROTECTION


                                mean based on at least 3 samples obtained over a 60-day period of 47
                                Escherichia  coli per 100 milliliters, or 88 Escherichia coli per 100 Tnillili-
                                ters in any one sample; unless naturally occurring. There shall be no
                                discharge of  any sewage or wastes into waters of this classification. The
                                waters of this classification shall be considered as being potentially ac-
                                ceptable for water suppl@. uses after adequate treatment.
                                  IL Class B waters shall be of the second highest quality and shall
                                have no objectionable physical characteristics, shall contain a dissolved
                                oxygen content of at lea-st 75 percent of saturation, and shall contain
                                not more than either a geometric mean based on at least 3 samples ob-
                                tained over a 60-day period of IJ26 Escherichia coli per 100 milliliters,
                                or greater than 406 Escherichia coli per 100 milliliters in any one sam-
                                ple; and for designated beach areas shall contain not more than a geo-
                                metric mean based on at least 3 samples obtained over a 60-day period
                                of 47 Escherichia coli per 100 milliliters, or 88 Escherichia coli per 100
                                milliliters in any one sample; unless naturally occurring. There shall be
                                no disposal of sewage or waste into said waters except those which have
                                received adequate treatment to prevent the lowering of the biological,
                                phy sical, chemical or bacteriological characteristics below those given
                                above, nor shall such disposal of sewage or waste be inimical to aquatic
                                life or to the maintenance of aquatic life in said receiving waters. The
                                pH range for said waters shall be 6.5 to 8.0 except when due to natural
                                causes, An,.7 stream temperature increase associated with the discharge
                                of treated sewage, waste or cooling water, water diversions, or releases
                                shall not be such as to appreciably     interfere with the uses assigned to
                                this class. The waters of this classification shall be considered as being
                                acceptable for fishing, swimming and other recreational purposes and,
                                after adequate treatment, for use as water supplies. Where it is demon-
                                strated to the satisfaction of the division that the class B criteria cannot
                                reasonably be met in certain surface waters at all times as a result of
                                combined sewer overflow events, temporary partial use areas shall be
                                established by rules adopted under RSA 485-A:6, XI-c, which meet, as a
                                minimum, the standards specified in paragraph III. Notwithstanding the
                                foregoing, a temporary partial use area subject to the minimum stand-
                                ards specified in paragraph III shall be established for those surface
                                waters which receive effluent from an existing municipal wastewater
                                treatment facility and which are subject to extremely low flows and low
                                dilution as specified in paragraph III.
                                  III. The waters in temporary partial use areas established 'under
                                paragraph 11 shall be free from slick, odors, turbidity. sludge deposits,
                                and su-face-floating solids of unreasonable kind or quantity, shall con-


                                                                      362















                                           POLLUTION AND WASTE DISPOSAL                        485-A:8


                           tain not less than 5 parts per million of dissolved oxygen; shall have a
                           hydrogen ion concentration vithin the range of pH 6.0 to 9.0 except
                           when d-,:e to natural causes, and shall be free from chemicals and other
                           materials and conditions inimical to aquatic life or the maintenance of
                           aquatic life. These criteria shall apply during combined sewer overflow
                           discharges and up to 3 days following cessation of said discharge. These
                           criteria shall also apply for a period of up to 21 consecutive days, to
                           surface waters which receive effluent from an existing municipal waste-
                           water t.,eatment facility when the flow in those surface waters falls be-
                           low 25 cubic feet per second (efs.) and when those waters are subject to
                           a dilution factor of not greater than 2.5. At all other times the stand-
                           ards and uses specified in paragraph II shall apply,
                             IN'. Notwithstanding anything contained in this chapter, the division in
                           submitting classifications relating to interstate waters to the New Eng-
                           land interstate Water Pollution Control Commission for review and ap-
                           proval, as provided for under the terms of Article V of the compact
                           w-herebv the interstate commission was created by RSA 484, shall sub-
                           mit suc`h classifications in accordance with the standards of water qual-
                           ity as currently adopted by said interstate water pollution control
                           commission provided, however, that the standards for any classification
                           thus submitted for review and approval shall not be less than, nor ex-
                           ceed the standards of the classification duly adopted by the General
                           Court as provided for in RSA 485-A:9 or 10.
                             V. Tidal waters utilized for swimming purposes shall contain not more
                           than either a geometric mean based on at least 3 samples obtained over
                           a 60-day period of 35 enterococci per 100 milliliters, or 104 enterococci
                           per 100 milliliters in any one sample, unless naturally occurring. Those
                           tidal waters used for growing or taking of shellfish for humarl consump-
                           tion shall, in addition to the foregoing requirements. be in accordance
                           with the criteria recommended under the National Shellfish Program
                           Manual, of Operation, United States Department of Food and Drug Ad-
                           ministration.
                             VI. Notwithstanding anything contained in this chapter, the division
                           shall have the authority to adopt such stream classification criteria as
                           may be issued from time to time by the federal Environmental Protec-
                           tion Agency or its successor agency insofar as said criteria may relate
                           to the water -uses specified in RSA 485-A:8, I and II, provided, however,
                           that the criteria thus issued shall not result in standards that are. less
                           than nor exceed the standards of the classification duly enacted by the
                           general court as provided for in RSA 485-A:9 or 485-A:10.


                                                               363
















                                    48-5-A:8       WATER MANAGEMENT AND PROTECTION


                                      VII. All tests and sampling for the purposes of examination of waters
                                    shall be performed        and carried out in a reasonable manner and when-
                                    ever practicable, in accordance with the commonly accepted scientific
                                    method as selected         b-,- the division. The waters in each classification
                                    shall satisfy all the     provisions of all lower classifications. The minimum
                                    treatment for the lowest classification shall be as follows:
                                         (a) For sewage, secondary treatment and disinfection as necessary
                                    to comply Nvith water quality Standards.
                                         (b) For industrial wastes and combined sewer overflows, such treat-
                                    ment as the division shall determine. Appeal from any such determina-
                                    tion shall be in the manner provided for in RSA 21-0:7, IV.
                                      VIII. In prescribing minimum treatment provisions for thermal
                                    wastes discharged to interstate waters, the division shall adhere to the
                                    water quality requirements and recommendations of the New Hamp-
                                    shire fish and game department, the New England Interstate Water Pol-
                                    lution Control Commission, or the United States Environmental
                                    Protection Agency, whichever requirements and recommendations pro-
                                    vide the most effective level of thermal pollution control.
                                      IX. Subject to the provisions of RSA 485-A:13, I(a), the fish and game
                                    department may use rotenone or similar compounds in the conduct of
                                    its program to reclaim the public waters of the state for game fishing.

                                                                                HISTORY

                                      Source. 1989, 339:1. 1991, 371:3-5, eff.        "fishing, swirnming" for "bathing" follow-
                                    Aug. 31, 1991.                                    ing "acceptable for" in the fifth sentence.,
                                      Amendments-] 991. Added the first sen-          and added the sixth and seventh sentences.
                                    tence of the introductory paragraph.                Paragraph III: Amended generally.
                                      Paragraph 1: Rewrote the first sentence           Paragraph V- Amended generally.
                                    and substituted "adequate treatment" for            Paragraph VI: Substituted "I and 11" for
                                    "disinfection" foliowing "after" in third         "1, 11, and 111" following "RSA 485-A:S"
                                    sentence.                                         and "485-A:10" for "10" following "RSA
                                      Paragraph 11: Rewrote the first sen-            485-A:9".
                                    ence, inserted       "biological"    preceding      Paragraph VII: Amended generally.
                                    physical" and substituted "aquatic" for             Revision note. Substituted "RSA 485-A:
                                    "fish" preceding "life- in two places in the      8, 1, 11, and III" for "RSA 485-A:3, 1, 11,
                                             sentence. inserted "water diver-         and III" in the first sentence of par. VI to
                                    sions, or releases" folloAing "cooling wa-        correct an error in the reference.
                                    ter" in the fourth sentence, substituted


                                                                             Ax\'OTATIONS

                                    1. Debt limitation -                              shall not be subject to ordinary limitations
                                      Legislature has recognized imperative upon public debt. State v. Goffstoxvrn (1956)
                                    necessity for prevention of water pollution       100 NH 131, 121 A.2d 317. (Decided under
                                    under this section by providing that cost         prior law.)

                                                                                   364




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I              RARE, THREATENED, AND
I                ENDANGERED SPECIES
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                          Audubon Society of New Hampshire
                                     Audubon House * 3 Silk Farm Road P.O. Box 528-B
                                Concord. INH 03302-0516 9 (603) 224-9909 9 Fax No. (603) 226-0902









                                                  14 May 1991



          Steven W. Ellsworth
          IEP. Inc .
          39 Bow Street
          P.O. Box 1136
          Portsmouth, NH 03801

          Dear Mr. Ellsworth;

               Enclosed are a summary of information regarding rare,
          threatened, and endangered wildlife in the Berry's Brook
          watershed in Greenland, Portsmouth, and Rye, NH and an invoice
          for services.


               The Berry's Brook watershed provides significant wildlife
          habi-.at above and beyond its potential value to threatened and
          endangered species. The New Hampshire coast is a major travel
          route for migratory birds, and the watershed includes a diverse
          assemblage of wetland and upland habitats which provide essential
          food and cover for a wide assortment of migrants. The study area
          likely supports a rich breeding fauna, and many overwintering
          specJes. Because of this area's coastal location and habitat
          diversity, seasonal field surveys to document wildlife use of the
          watershed are strongly recommended, especially if significant
          habi-.at alterations are being considered.

               If I can be of further assistance, please don't hesitate to
          con-ct me.


                                                  Sincerely,
                                                   a- A. I? 4C 0 0
                                                  Carol R. Foss
                                                  Wildlife Department


          Enc i :)sures
              low












































































                                    printed on recycled paper






                          Threatened and Endangered Wildlife
                       of Known or Potential Occurrence in the
             Berry's Brook Watershed, Greenland, Portsmouth, and Rye, NH


          Endangered Species

               Banded bog skimmer: May inhabit bogs and sedge meadows in
               the coastal plain. Appropriate habitat likely to exist in
               study area; field surveys should be undertaken during May
               flight periods.

               Shortnose sturgeon: May occur in estuarine waters along New
               Hampshire coast. Could possibly occur in brackish section
               of Berry Stream._il@l

               Pied-billed grebe: Nests locally throughout the state in
               deep freshwater marshes with extensive beds of emergent
               vegetation. Potential habitat may occur within the
               watershed, and wetlands within the study area should be
               checked for suitability. If suitable habitat exists, field
               surveys should be conducted during the breeding season.

               Common tern: Nested for many years on islands in Back
               Channel of Little Harbor, but not in 1990. Individuals may
               forage in brackish marshes of watershed.

               Upland sandpiper: Currently the state's only known nesting
               population occurs on Pease Air Force Base in
               Portsmouth/Newington. Spring migrants have been seen in Rye
 K7            and Greenland during the past 2 decades. While nesting is
               unlikely to occur within the study area, these birds may
               forage in the watershed during migration.

               Bald eagle: Wintering population occurs annually at Great
               Bay.- Migrants and transients move along the coast, and
               sightings have occurred in Rye, Portsmouth, and Greenland
               during the past decade. Eagles traveling the coast may
               forage in the watershed, especially in its extensive
               wetlands where waterfowl are likely to congregate.

               Pere,d.rine falcon: Occurs as migrant along coast. Sightings
               reported from Portsmouth and Rye during past decade.
               Migrants may hunt over the extensi,,.-e wetlands of the
               watershed.


               Sedge wren: Nests locally in freshwater marshes and wet
               meadows throughout N.H. Suitable habitat likely to occur in
               study area; field surveys should be conducted during
               breeding season.

               Henslow's sparrow: May nest in wet meadows and moist weedy
               fields south of the White Mountains. Suitable habitat may
               exist in study area; field surveys should be conducted
               during breeding season.







          Threatened Species

               Least tern: May occur as migrant in brackish portion of
               study area,

               Arctic tern: May occur as migrant in brackish portion of
               study area.


               Roseate tern: May occur as migrant in brackish portion of
               study area.

               Cooper's hawk: Nests in deciduous and mixed woods in
               scattered locations throughout New Hampshire. Field surveys
               necessary to determine presence. Records exist from
               Portsmouth, Rye, and Greenland during last 25 years.

               Northern harrier: Occurs in large marshes and open fields
               during all seasons. Migrant and potential breeder on New
               Hampshire coast. Undoubtedly uses marshes of study area
               during migration. Many records from Portsmouth, Rye and
               Greenland during last 25 years. Nesting within study area
               possible, but no evidence reported.

               Osprey: Occurs in vicinity of large coastal or fresh water
               bodies. Common migrant along New Hampshire coast. Single
               pair has nested in Durham since 1989. Undoubtedly occurs in
               study area during migration. As coastal breeding population
               gradually expands, study area likely provides suitable
               nesting habitat.

               Common nighthawk: Nests on flat rooftops in downtown
               Portsmouth in some years. May forage over study area during
               spring and fall migrations and possibly during breeding
               season.


               Purple martin: New Hampshire breeding population depends
               completely on martin houses for nest sites. Historically
               nested in such houses provided along the coast and foraged
               over salt marshes. Study area provides suitable habitat.
               Availability of occupied or'unoccupied martin houses nearby
               is unknown. Likely occurs in study area at least as
               migrant.







                         Threatened and Endangered Wildlife

                            not expected to occur in the

            Berry's Brook watershed, Greenland, Portsmouth, and Rye, NH


         Endangered Species               Threatened Species

            dwarf wedge mussel               pine pinion moth
            swollen wedge mussel             pine barrens zanclognatha, moth
            frosted elfin butterfly          cobblestone tiger beetle
            karner blue butterfly            common loon
            Persius dusky wing skipper       pine marten
            Sunapee trout
            timber rattlesnake
            piping plover
            golden eagle
            loggerhead shrike
            Canada lynx
            small-footed bat





                               Species of Special Concern
                                expected to occur in the
             Berry's Brook watershed, Greenland, Portsmouth, and Rye, NH


              Species                              Habitat

        American brook lamprey             Streams with muddy bottoms

        Marbled salamander                 Sandy, gravelly areas in
                                           deciduous woods

        Jefferson salamander               Damp shady woods, swamps, wet
                                           meadows, lakeshores


        Slimy salamander                   Moist wooded hillsides and ravines

        Spotted turtle                     Bogs, marshy pastures, small wooded
                                           streams


        Eastern box turtle                 Open woods, pastures, wet meadows

        Blandings turtle                   Shallow lakes, ponds, marshes,
                                           streams with soft bottom and
                                           abundant vegetation

        Eastern hognose snake              Open woodlands with sandy soils

        Least bittern                      Deep marshes with tall emergent
                                           vegetation

        Black-crowned  night heron         Nest in trees or shrubs near
                                           wetlands or shorelines; forage in
                                           marshes, along shores

        Red-shouldered hawk                Swampy woods with tall, mature trees
                                           for nesting

        Sora                               Deep marshes with abundant emergent
                                           vegetation

        Common moorhen                     Ponds and deep marshes with emergent
                                           vegetation

        Eastern screech owl                Small woodlots, open woodlands,
                                           suburban shade trees

        Long-eared owl                     Woodlands adjacent to open lands

        Whip-poor-will                     Dry open woods

        Golden-winged warbler              Brushy overgrown flelds, hillside.
                                           thickets


        Vesper sparrow                     Dry open fields

        Grasshopper sparrow                Dry grasslands

        New England cottontail             Dense bushy woodlands








                                                                Helpline TDD Relay
                                                                225-4033
                                                                1-800-992-3312
           June 3, 1991                   NEW HAMPSHIRE
                                       NATURAL HERITAGE
           Steven Ellsworth                INVENTORY
           Senior Wetland Scientist
           39 Bow Street
           P.O. Box 1136
           Portsmouth, NH 03801                                             -5

           Dear Mr. Ellsworth:


           Thank you for consulting the New Hampshire Natural Heritage
           Inventory regarding the presence of rare plants, animals, and
           noteworthy natural communities (hereafter referred to as
           flelements") in you-1- 2tudy area.

           The New Hampshire Natural Heritage Inventory, a program within
           the Department of Resources and Economic Development, collects
           and analyzes data on the status, location, and distribution of
           rare or declining native plant and animal species and exemplary
           natural communities in the state.      Using our data base and map
           information system, the NHNHI also     reviews private and public
           projects with regard to impacts on     these species and communities.

           Enclosed is a list of the elements     known from within the
           boundaries of Portsmouth, Rye and Town of Greenland site; any of
           these elements may occur in the area under consideration. The
           list consists of four columns: state rank,'global rank,
           scientific name, and common name. An explanation of the ranking
           system is attached.

           ELEMENTS                                         RANK           STATUS


           Icterus spurius (Orchard Oriole)               S2, G5
           Salicornia bigelovii (Dwarf Glasswort)         S2, G5Q           ST
        -Chamaecyparis thvoides (Atlantic                   S2
                                       White Cedar)
           !rig -f.)rj.&matica (Slender Blue Flag)      S2, G4, G5          ST
           Agalinis maritima (Salt-marsh Gerardia)        S2, G5            ST
           Melampyrum lineare var.latifolium             SHQ, G5T5
                                           (Cow-wheat)
           Malaxis unifolia (Green Adder's-mouth)          S2, G5           ST
           Campanula ulicrinosa (Greater                   S1, G5
                                   Marsh-bellflower)
           Ecruisetum variegat     (Variegated Horsetail) S2, G5
           SNE Acidic Seepage Swamp
           SNE Basin Swamp

           Please note, this information on environmental elements is not
           the result of comprehensive field surveys. For this reason, the
           New Hampshire Natural Heritage Inventory cannot provide a
                                           114"

















                              Department of Resources and Economic Development
                                  PO Box 856 CONCORD N.H. 03302-0856

                                           603-271-3623








          definitive statement on the presence, absence, or status of
          species or natural communities in the area under consideration.
          It should also be noted that more data on this area may become
          available in the future as the inventory expands with ongoing
          fieldwork and research.

          We request information on what you plan to do with this
          information; if a project is involved or if you are collecting
          the information for planning. Given the several rare elements in
          your area we are concerned with impact.

          The fee for this review is $50.00. An invoice will be
          forthcoming from the business office of the Department of
          Resources and Economic Development.
          T
             c rely,
            e@ r@to di@ilw(s k i
          Natural Heritage Intern














       THE RANKING SYSTEM DEVELOPED BY THE NATURE CONSERVANCY AND USED BY
       ALL STATE NATURAL HERITAGE PROGRAMS FOR "ELEMENTS" OF NATURAL DIVERSITY
       (RARE SPECIES AND EXEMPLARY NATURAL COMMUNITIES)

       Each element is assigned a single global rank by specialists-under
       the guidance of the national Science Department of The Nature
       Conservancy. State ranks within each state, in which the element
       occurs, are assigned by the state Heritage Program and will vary from
       state to state.



       GLOBAL ELEMENT RANKS:
          G1   Critically imperilled globally because of extreme rarity
               (5 or fewer occurrences or very few remaining individuals or
               acres) or because of some factor of its biology making it
               especially vulnerable to extinction. (Critically endangered
               throughout range.]

          G2   Imperiled globally because of rarity (6 to 20 occurrences
               or few remaining individuals or acres) or because of other
               factors demonstrably making it very vulnerable to extinction
               throughout its range. (Endangered throughout range.)

          G3   Either very rare and local throughout its range or found
               locally (even abundantly at some of its locations) in a
               restricted range (e.g., a single state, a physiographic region)
               or because of other factors making it vulnerable to extinction
               throughout its range; in terms of occurrences, in the range of
               21 to 100. (Threatened throughout range].

          G4   Apparently secure globally, though it may be quite rare
               in parts of its range, especially at the periphery.

          G5   Demonstrably secure globally, though it may be quite rare
               in parts of its range, especially at the periphery.

          GA   Accidental in North America (not part of the established
               biota, usually a species of bird).

          GE = An exotic species established in North America
               (e.g., Japanese Honeysuckle).

          GH = Of historical occurrence throughout its range, i.e. formerly
               part of the established biota, with the expectation'that it may
               be rediscovered (e.g., Ivory-billed Woodpecker).

      The New  Hampshire Natural Herit age Inventory does not inventory GA or
      GE species.



 I
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 I                              APPENDIX D
 I
 I                  STRAUS FIELD STUDIES @
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                      Preliminary Notes on Rare and Uncommon Plants of the Berry's Brook Watershed
                                                                1972-1992
                                                               C.M. Straus



                 Note: These preliminary notes pertain to nine areas which have been delineated on the attached
                         map. These areas will be studied in a more in-depth manner in future field trips.


                           Area 1 From Lafayette Road to Breakfast Hill See additional notes
                           Area 2   Breakfast Hill to Portsmouth-Rye             *Chamaecyparis thyoides
                                    town line west of Lafayette Road            -Habenaria psycodes
                           Area 3   Portsmouth-Rye border east of                *Chamaecyparis thyoides
                                    L ayette Road
                           Area 4   Lang Road, southerly side                    *Charnaecyparis thyoides
                                                                                 Equiseturn fluviatilis
                           Area 5   Lang Road, northerly side                    *Chamaecyparis thyoides
                                    (Beechshone's Conservation area and          Lobelia cardinalis
                                    City of Portsmouth Conservation              Habenaria psycodes
                                    area).
                           Area 6   Lafayette Road back woods in rear of         *Chamaecyparis thyoides
                                    residential developments (Colonial           Sassafras albidurn.
                                    Pines, Cedar Boulevard, Spring               Nyssa sylvatica
                                    Brook, The Woodlands, Elwyn Park)            Habenaria psycodes
                                                                                 -**-Typha glauca
                                                                                 *Polygonurn robustius
                                                                                 +Myosotis laxa
                           Area 7   "Bellyhack Bog" at Sagamore Road             *Chamaecyparis thyoides
                                    crossing.                                    *Campanula uliginosa
                           Area 8   Sagamore Road to Brackett Road               Zanichellia palustris
                                    crossing.                                    *Scirpus robustus
                                    See Additional Notes                         *Eleocharis halophila
                                                                                 Sassafras albidum
                                                                                 Nyssa sylvatica
                           Area 9   The esturary, from Brackett Road to          *Saficomia Bigelowi
                                    Seavey Creek.                                *Agalinis (Gerardia) maritima
                                    See Additional Notes


                    Denotes rare and/or endangered NH listing (Note: Chamaecyparis thyoides probably delisted
                    from rare and endangered is still a species of "special cofrem".
                 4- benotes species not previously recorded inNew Hampshire.
                    Denotes species not previously recorded in Rockingham Count@.








                                                Flora of Berry's Brook Watershed


                                                                     Area 1



                Local name or location          Dominant vegetation type         Rare or locally uncommon species

                Berry's Brook headwaters        *  Cedar swamps                  Trees
                (partially north of             0  mixed coniferous              Atlantic White Cedar          (Chamaecyparis thyoides)
                Lafayette Road) and flood          deciduous forest, white       Red Spruce                    (Picea rubens)
                plain (southeast of                pine, hemlock, swamp          Black Gum, Tupelo             (Nyssa sylvatica)
                Lafayette Road)                    maple, white birch,           Sassafras                     (Sassafras albidum)
                                                   yellow biruh, willow
                                                   species                       Shrubs
                                                                                 Spicebush                     (Lindera benzoin)
                                                0  low woods                     Mountain Holly                  (Nemopanthus
                                                0  shrub swamp                   mucronata)
                                                4  shallow marsh                 Sweet Pepperbush              (Clethra alnifolia)
                                                0  deep marsh                    Ground Hemlock                  (Taxus canadensis)

                                                                                 Herbaceous Plants
                                                                                 Grape Fem                       (Botrychium dissectum)
                                                                                 Small Purple Fringed Orchids    (Habenaria psycodes)
                                                                                 Cardinal Flower                 (Lobelia. cardinalis)
                                                                                 Knotweed, Smartweed             (Polygonurn robustius)
                                                                                 Forget-me-not                   (Myosotis laxa)









                                             Flora of Berry's Brook Watershed

                                     Saltmarsh & Marsh Border between Brackett Road &
                                   the Natural Dam Marking the Extreme Reach of the Tide
                                                            May 26, 1991
                                                         Clotilde, M. Straus



                                                                Area 8


                 UPPER MARSH AND MARSH BORDER


                 Grasses                                              Shrubs
                 Spartina patens                                      Rosa carolina (Rose Family)
                 Hierochloe odorata.                                  Aronia melanocarpa (Rose Family)
                 Puccinellia maritima                                 Spiraea latifolia (Rose Family)
                 Distichlis spicata                                   Arnelanchier laevis (Rose Family)
                 Panicurn virgaturn                                   Ilex verticillata,
                 Sedges                                               Myrica pensylvanica
                 Scirpus arnericanus                                  Gaylussacia baccata
                 Scirpus maritimus                                    Vacciniurn corymbosurn
                 Carex stricta                                        Toxicodendron radicans
                 Carex annectens
                 Carex scoparius                                      Trees
                 Rushes                                               Quercus alba
                 Juncus Gerardi                                       Quercus borealis
                 Juncus effusus                                       Nyssa sylvatica
                 Juncus filiforn-lis                                  Sassafras albidurn
                 Cattails                                             Juniperus virginana
                 Typha angustifolia
                 Ferns                                                MID-MARSH
                 Thelypteris palustris                                Spartina patens
                 Osmunda cinnarnornea                                 Panicurn virgatum
                 Onoclea sensibilis                                   *Scirpus robustus
                 Forbs (Herbaceous plants with showy                  *Eleocharis halophila
                 flowers)                                             Triglochin martima
                 Solidago sernpervirens                               Potentilla Anserina
                 Potentilla sirnplex
                 Convolvulus seplurn
                 Iris versicolor
                 Aster novibelgii                                     *rare and endangered listing









                                      Flora of Berry's Brook Watershed


                                                      Area 9


             SEAVEY CREEK


             Low Marsh
             Dominated by Spartina alterniflora


             Mid Marsh
             Dominated by Spartina patens

             Pannes


             * Gerardia (Agalinis) maritima
             * Salcornia Bigelowi
             Salicomia europea


             * Rare and Endangered Listing.

             See Floristic Study and Plant Communities of Odiorne Point, C.M. Straus, Exploring Odiorne
             Point, 1992, page 158. List of plants of Odiorne Plant Section 12 (North Shore Saltmarsh)
             applies to this section of Berry's Brook Watershed.






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I
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I                       "PENDIX E
I     EROSION AND SEDIMENT CONTROL
I                        STANDARDS
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             Erosion and Sediment Control Standards


             Engineering Standards

             Engineering standards consist of specific control mechanisms that must be included in
             the proposed development plans (e.g., hay bales, silt fences, sediment basins, sod
             waterways, etc.) for a given site. Use of these standards is based on the assumption that
             if certain specified techniques are employed, then a satisfactory level of protection will
             be achieved. However, in some cases engineering standards may not provide control
             measures which are appropriate for a specific situation, and may tend to discourage
             innovation to meet the specific needs of the given project. The use of these standards
             are advantageous from the developers' perspective, as compliance with the exact
             standards tends to assure plan approval. Review boards may view design standards as
             less complicated to review and enforce. Examples of engineering design standards
             include:


             ï¿½ the area of a site to be left exposed at any given time will be kept to a minimum;
                                                           L7

             ï¿½   the appropriate use of diversion ditches, berms, hay bale/silt fence barriers, and other
                 erosion and sedimentation controls; and

             ï¿½   the immediate seedina or soddinc, of a disturbed site with indigenous grasses and
                                      0          Z:I                                                            I
                 covering replanted areas with mulch, jute netting or organic fiber erosion control
                 blankets, where appropriate.

             Environmental Performance Standards


             Environmental performance standards are an alternative to engineering standards.
             Performance standards are designed to take into account the natural characteristics of
             the land for both erosion potential as well as runoff retention capabilities. To develop
             this type of regulation, the community identifies the natural erosion and sedimentation
             parameters that are closely associated with public health or water quality. For example,
             these parameters could be in the form Of Pounds of soil loss per acre, or solids loadings
             (total suspended or turbidity) to receiving waters. The community establishes the
             standards and parameters desired, and any development of the land in the area must be
             completed in such a way as to not compromise that level. This method allows for
             innovative control design and the tailoring of control measures to specific site conditions.
             Examples of environmental performance standards include:

             o a permit by   exception will be required for the clear cutting of over 10,000 square feet
                 of any area;

             o site work will not increase turbidity in any receiving waters (e.g., wetlands, streams,
                 or ephemeral tributaries, etc.); and Appendix E









            o site work will not increase suspended solids in any receiving waters.

            Erosion and sediment control measures are currently required for all construction
            activities involving the disturbance of more than 100,000 square feet under RSA 485-
            A:17,1. Such construction activities require a permit under the Site Alteration program
            that is administered through the New Hampshire Department of Environmental Services.
            The NH Office of State Planning Model Shoreland Regulations recommends a reduction
            of this limit to 50,000 square feet based upon the Comprehensive Shoreland Protection
            Act (RSA 483-B).

            Erosion and sediment control measures are also required for all construction activities
            involving the disturbance of more than 5 acres of land under the National Pollutant
            Discharge Elimination System (NPDES). Such construction activities require a permit
            under the NPDES program. For most sites in New Hampshire this a general permit.
            The general permit requires a submittal of an NPDES Notice of Intent (NOI) to EPA.
            The permittee is also required to submit a copy of the NOI to the regulating authorities
            if the project is subject to any state or local approved sediment and erosion control plan.
            The general permit specifies that certain sediment/erosion control measures are to be
            implemented. As part of the general permit conditions the site operator or developer
            must also prepare and implement a Stormwater Pollution Prevention Plan (SWPP). This
            plan must detail the sediment/erosion control measures to be implemented, and identify
            who is responsible for implementation, inspection, and maintenance. In addition, the
            general permit requires weekly inspections of all control measures, as well as within 24
            hours of large rain events. Inspection reports Must be kept as part of the SWPP, and
            action must be taken to correct any problems which occur. This federal permit program
            now ensures that sediment and erosion control measures will be implemented for most
            significant development projects. An added benefit of the federal regulations is that the
            state or EPA have the ability to take appropriate enforcement action if the permit
            conditions are not met. For the most part developers have been preparing erosion and
            sediment control and stormwater management plans to satisfy local and state regulations
            that generally meet the federal requirements.

            Stormwater Management

            The management or control of stormwater runoff may include source control (reducing
            the generation and transport of pollutants) as well as treatment (the removal of
            pollutants prior to discharge to the receiving resource). Traditionally, stormwater control
                                      0                 t-7
            measures and any regulation of stormwater runoff associated with development activities
            has focused on flood control (e.g., controlling peak runoff rates, etc.). However, more
                                            0            c'
            recently, attention has broadened to include water quality considerations.







                                                   Appendix E









              Stormwater Management for New Development

              Control of runoff from new development is most commonly accomplished through
              subdivision regulations. As with sediment and erosion control measures, the regulations
              may dictate that new development must follow accepted engineering design practices,
              performance standards, or both.

              Design criteria place requirements on the site developer to design stormwater systems
              according to a set of fixed specifications. Such criteria often explicitly or implicitly specify
              a certain type of treatment device which would be uniformly required on all sites. This
              type of approach generally restricts innovations on the part of the developer, and does
              not consider varying site characteristics which may not be conducive to the required
              treatment practice. The use of such specifications does not consider the assimilative or
              carrying capacity of the receiving water resource.

              Examples of design specifications include requirements for 48 hours detention or other
              specific detention time for site runoff for a given size storm. A 24 to 48 hour detention
              time provides a fairly high level of particulate pollutant removal. The removal of
              dissolved and very fine particulate matter may vary considerably with such design
              specifications depending upon the specific design of the pond and the presence or
              absence of aquatic vegetation. Another example of a design specification for water
              quality treatment is to require the treatment (traditionally through infiltration ) of the
              "first flush" or first 1/2 inch of runoff from the site.

              Performance requirements or standards set an expected level of performance for the
              stormwater treatment system, while allowing for flexibility in the actual types and
              sequences of treatment devices. An example of a performance standard is the use of a
              treatment criteria. Recent guidance issued by the US EPA and the National Oceanic
              and Atmospheric Administration (NOAA) for the control of nonpoint source pollutants
              within the coastal zone require new development projects to reduce the average annual
              loadings of total suspended solids (TSS) from the site by 80% or demonstrate no greater
              than pre-development loads. (See Guidance Specibing Management Measures for Sources
              of Nonpoint Pollution in Coastal Waters, USEPA, 1992). Similar approaches for
              establishing treatment criteria have been recommended in some states (e.g., Rhode
              Island which recommends 85% reduction in TSS for sensitive resources or watersheds).
              The premise for TSS treatment criteria is that a large proportion of pollutants found in
              urban runoff are associated with particulate material. Therefore, if one removes a
              substantial portion of the suspended solids, other pollutants will also be removed. The
              developer must demonstrate that the proposed stormwater treatment design will achieve
              the desired removal efficiency. This is most commonly done through the use of standard
              design criteria or predictive hydrologic-based water quality models. There are several
              models or guidance documents (e.g., P8 Urban Catchinent Model, Schueler's Practical
              Manual for the Design of Best Management Practices, and A Current Assessrnent of Urban
              Best Management Practices: Techniques for Reducing Nonpoint Source Pollution in the
              Coastal Zone, 1992) which could be used by the reviewing agencies to determine if the
              proposed design would be expected to provide the desired results.

                                                    Appendix E








            Other performance based approaches include establishing numeric or qualitative
            discharge limits which must be documented by monitoring. Numeric limits are extremely
            difficult to develop and should be based upon both the receiving water assimilative
            capacity as well as technologically achievable levels. Numeric limits are not practical for
            application at the local level in most cases. On the other hand, it is difficult to
            demonstrate compliance with qualitative criteria.

            Stormwater Management for Existing Sources

            While regulation of development may minimize impacts of runoff from new
            development, such regulations do not provide a means for controlling pollutant
            discharges from currently developed areas, including roadways. Mechanisms to control
                                                              1@     ershed areas which are largely
            existing discharges may be of particular importance in wat
            developed. Control of existing sources Must be implemented by the communities rather
            than specific land owners, and may include:

            o  enhanced maintenance activities, e.g., street sweeping and catch basin cleaning;
               reduced salting and sanding, leaf pick-tip and composting;

            o  retrofitting of catch basins with more effective structures for pollutant attenuation,
               e.g., catch basins with sumps and oil/grease separators, triple chambered basins,
               leaching catch basins;

            o  modifying discharge points, e.g., flow dissipaters (rip rap), vegetated swales, check
               dams; and

            o  public education regarding fertilizer/pesticide use, hazardous materials disposal, etc.

            Finnemore (1982) suggests that each round of sweeping removes about 30% of the total
            solids from roads. However, actual percent removal is largely dependent on the street
            surface conditions. Sartor and Gaboury (1984), however, state that in order to achieve a
            30% removal (or a 30% reduction in the amount of material potentially reaching the
            Brook), the street sweeping interval should be two times the time span between rain
            events. For this region, in order to achieve 30% reduction in sediments, street sweeping
            would need to be conducted about 3 )-4 times per week.

            Catch basins may be designed to trap sediments carried in stormwater runoff, but if not
            properly maintained, they tend to act more as sources than as sinks of pollution (Huber,
            1986). Sediments collected in the basins after one storm may be resuspended and
            carried out of the basin by the first flush of stormwater throuah the storm sewer from the
                                                                         In
            next storm. At a minimum, quarterly inspection and maintenance is considered
            sufficient.






                                                  Appendix E








              Efforts to reduce the amount of salt and sand use for winter deicing can reduce the
              amount of material discharged to adjacent streams. Alternative de-icing materials used
              in place of salt may also be used to reduce sodium inputs to the receiving waters.
              However, alternative deicing materials tend to be more costly.













































                                                    Appendix E




I
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I                 APPENDIX F
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I    SAMPLE EDUCATIONAL FACT
                       SHEET
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        The Lake Washington Project *,,4 Lake & Watershed Management Educational Series

  IF_
                          Water Conservatioll
                 Preventing Septie Systems Failure


        Fact Sheet No. 7                                                                                 August 1991
        S
             eptic systems are a common type of                       household with three bedrooms and 2 persons
             individual sewage disposal system                        per bedroom needs a system designed to treat
             (ISDS). Septic systems receive and treat                 from 360 - 450 gallons of wastewater dailY. A
        wastewater from your home, removing solid                     system which has a design capacity that is less
        wastes by settling in the septic tank, and                    than the amount of wastewater it is actually
        removing pollutants from the liquid wastes as                 receiving is termed an "under-sized system".
        wastewater passes through the leach'field and                 Many septic systems located along the
        into the surrounding soils. Septic tanks, if                  shorelines of lakes and ponds are under-sized.
        sized and maintained properly with pump-                      This has frequently occurred when, over the
        outs every 2 - 5 years will function indefinitely.            years, summer camps and cottages (designed
        The leach field, however, has a limited                       for infrequent and seasonal use) have been
        lifespan, which is determined by the load of                  converted to year round homes, without
        wastewater on the field, relative to its size                 appropriate modifications to or replacement of
        (expressed as gallons per square foot of leach                the original septic system.
                                                                                                                 ............ .. ..
                                                                                               'a.
        @rea per day) and the characteristics of the
                                                                                0
                                                                      .......... Via I
        surrounding soil.                                                                                . .....
                                                                                                                    ............... *......
                                                                                                               fed
                                                                              ..........                   Y
        The long-term discharge of wastewater to the
        soils below the leach field may dog the soils
        (or affect the soil permeability), and over time
        will affect the way wastewater     infiltrates into
        the soils. In addition, long-term wastewater                  Overloading of a system occurs when more
        loading will eventually exhaust the                           wastewater is discharged into the ISDS than
                                                                      the system was designed to handle.
        phosphorus binding capacity of the       soils.
        Therefore, as septic systems out-last their                   Overloading of the septic system will cause
        effective lifespan, they are likely to contribute             incomplete settling of solid wastes, and
        larger and larger quantities of nutrients and                 flooding and clogging of the leach field.
        bacteria to areas downgradient of the leach                   Eventually, this will lead to system failure and
        field. Septic systems located near the                        costly repairs and replacement. Overloading
        shorelines of lakes or ponds have a great                     may occur when a system is under-sized, or
        potential to contribute to the problem of                     simply when leaks result in a continual
        eutrophication.                                               discharge of water to the system. For example,
                                                                      one leaking faucet can waste from 300 to 4,000
        Septic systems are designed (or "sized") to                   gallons of water per month and a leaking toilet
        treat a fixed amount (or load) of wastewater.                 may waste more than 50 gallons of water per
        On average, systems are designed to have a                    dayl.
        capacity to treat 60 - 75 gallons of wastewater                                                            rnal. 1990
        per person per household. Therefore, a                          from Earth Day 1990 Action Guide, New Age Jou










I
I                APPENDIX G
I
I       NON-REGULATORY LAND
      MANAGEMENT STRATEGIES
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              NON-REGUIATORY LAND
              MANAGMENET STRATEGIES

              Land Acquisition

              This strategy requires the outright purchase of selected property within the watershed by
              one of the three municipalities or some other land holding entity such as the state or
              federal government or a private group, such as the Nature Conservancy, the Society for
              the Protection of New Hampshire's Forests or a community land trust. These groups
              purchase parcels of land, or the development rights of a parcel in order to permanently
              protect the property for open space. Private or non-profit entities have one advantage in
              that the difference between the sale price and fair market value may be taken as a
              federal tax deduction. In addition, land trusts may act more quickly and discreetly than a
              public entity and provide a suitable alternative to government ownership. On the other
              hand, a government entity may use the value of the property as match for subsequent
              federal grants that may be used to enhance or improve the open space.

              Although land acquisition is the most direct and effective way to protect watershed
              resources, it can also be very costly. Therefore, the option should be pursued on a
              selective basis that complements other protective measures as part of the overall
              watershed protection plan by targeting only the most critical parcels for purchase.

              Current Use Taxation


              Towns can encourage property owners to protect land as open space by educating them
              about the advantages of the state's current use law (NHRSA 79-A). Qualifying parcels
              (such as wetlands, floodplains, farmlands and woodlands that are 10 or more acres) are
              taxed at a rate that reflects their current uses rather than their "highest and best use"
              which is usually development. The community benefits by protecting key parcels and the
              landowner benefits through reduction in local property taxes. If the land owner sells the
              changes the use of the parcel, a financial penalty is imposed.

              Conservation Easements


              Another technique for land protection is conservation easements, which allow a
              municipality to protect resource areas without outright purchase. The easement is a
              legal agreement between the land owner and a municipality to keep a parcel
              undeveloped for a specified period of time, preferably in perpetuity. The agreement
              specifies the types of uses allowed and becomes part of the property deed. The
              landowner benefits by paying lower property taxes (through the current use program)
              and receiving a federal tax deduction for the value of property lost (if the owner is not
              paid for the easement). The town benefits by having land protected from development.








             Transfer of Development Rights (TDRs)

             Transfer of development rights is a land use management mechanism that literally
             provides for transferring development rights from one parcel of land to another parcel of
             land. This strategy is based upon the desire of a community to allow more intense
             development in specified areas while providing open space protection in other areas.

             TDRs are based on the assumption that the various rights associated with land
             ownership can be separated and used, or sold, individually. A property owner in any one
             of the watershed communities could, under a TDR program, separate his or her
             residential development rights from other property rights (such as agricultural use) and
             sell only the development rights.

             In implementing a TDR program, the watershed communities would identify those areas
             where development would be encouraged (referred to as receiving zones, since these
             areas would receive additional development rights from lands identified for open space)
             and other areas where protection of open space (referred to as sending zones, since
             these areas would send additional rights to receiving zones) would be encouraged.
                                                1.)            4D
             Under a TDR system, a property owner in the area to be protected could sell his or her
             "development rights" to a prospective developer/property owner. The purchaser of the
             development rights would be able, under zonina guidelines, to use these rights to
             increase the development density on the "receiving" property. The TDR system should
             be supported by an updated master plan and supportive municipal zoning. Watershed
             communities could use TDRs in order to preserve undeveloped properties in the
             watershed as open space.




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                                         3-6668 00003 1460                                      t