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






                                                                           Attachment #95.5.6.8





                           EXETER RIVER WATERSHED NONPOINT
                                     SOURCE POLLUTION POLICY
                                       IMPLEMENTATION AUDIT







                                                University of New Hampshire
                                              Department of Natural Resources
                                                  Durham, New Hampshire
                                       Prepared by Dr. Mimi L. Becker and Sara Radacsi



                                                         July 1996













                                                                         










                                                        
                                              



         TD          The preparation of this report was funded by the Coastal Zone Management Act of 1972,
         424.8        as amended, administered by the Office of Ocean and Coastal Resource Management,
         .B43          National Oceanic and Atmospheric Administration, Award Number NA570ZO320.
         1996
 






                                                                                                 U  S . DEPARTMENT OF COMMERCE NOAA
                                                                                                 COASTAL SERVICES CENTER
                                                                   TABLE OF CONTEN                   4 SOUTH HOBSON AVENUE
                                                                                                 CHARLESTON , SC 29405-2413

                            LIST OF APPENDICIES AND FIGURES                  ..................................................................... iv


                                                                                                                                PAGE
                            I.       OVERVIEW         .....................................................................................................I
                                              A. Project Objectives     ............................................................................I
                                              B. Project Activities and Products      ........................................................2

                            U.       BACKGROUND            ...............................................................................................3
                                              A. Previous Research      ............................................................................3
                                              B. Nonpoint Source Pollution        ..............................................................4
                                              C. What is Land Use Assessment?         .......................................................5
                                              D. What is a Policy Implementation Audit?          .........................................5


                            M.       METHODS         ........................................................................................................6
                                              A. Study Sites: Exeter River Tributaries        ............................................6
                                                        1. Great Brook   .........................................................................6
                                                        2. Wheelwright Creek      ..............................................................6
                                              B. Content Analysis      ..............................................................................7
                                              C. Interviews     .........................................................................................7
                                              D. Surveys     .............................................................................................7
                                              E. Land Use Assessment        .......................................................................8
                                              F. GIS Maps      ..........................................................................................8
                                                        1. Great Brook   ..........................................................................8
                                                        2. Wheelwright Creek      ...............................................................8


                            IV.      LAND USES IN THE GREAT BROOK WATERSHED                               ..............................9
                                              A. Land use Assessment        ........................................................................9
                                                        1. Livestock farms     ....................................................................9
                                                        2. Septic Waste Application Facility       ........................................9
                                                        3. Golf Courses    ......................................................................... 10
                                                        4. Septic Systems     ...................................................................... 10

                            V.       LAND USE REGULATIONS IN THE EXETER RIVER WATERHSED..                                               10
                                              A. Content Analysis of Regulations         ...................................................... 10
                                                        1. Purpose of Regulations     ......................................................... 10
                                                        2. Intended Function     .................................................................. I I
                                                                 a. Agricultural Regulations     .......................................... 11
                                                                 b. Septic Systems    ......................................................... 12

                                              B. Implementation and Enforcement of Land Use Regulations                ............     12
                                                        1. Written Regulations and Enforcement Approaches             .............     12
                                                        2. Interviews   ............................................................................. 13
                                                                 a. Planning Board Chairs      ............................................. 13
                                                                 b. Board of Selectmen Chairs       ...................................... 14
                                                                 c. Landowners    .............................................................. 14



                                                                                               Property of CSC Library









                                                                 3. Planning Board Member Survey Response                       ..........................   15

                                VI.        MAPS AND GEOGRAPHIC INFORMATION SYSTEM                                             ............................   15


                                VII. CONCLUSIONS AND RECOMMENDATIONS                                              ........................................... 16
                                                      A. Pollution Potential Index Number                ...................................................... 16
                                                      B. Future Projects        ................................................................................... 18


                                VIII. LITERATURE CITED                        ...................................................................................... 20






                                ABBREVIATIONS
                                BMP - Best Management Practice
                                CT DEP - Connecticut Department of Environmental Services
                                DES - Department of Environmental Services (New Hampshire)
                                GIS - Geographical Information System
                                HO - Health Officer
                                NHCP - New Hampshire Coastal Program
                                NPS - Nonpoint Source Pollution
                                OSP - Office of State Planning
                                RCCD - Rockingham County Conservation District
                                RPC - Rockingham Planning Commission
                                RSA - Revised Statutes Annotated











                                 APPENDICIES
                                 III. METHODS                                                                                                       PAGE
                                           III-A. Content Analysis           ..........................................................................  23


                                                      INSTRUMENTS


                                           III-B.    Planning Board Questionnaire             .....................................................      32
                                           III-C.    Landowner Questionnaire            ............................................................     36
                                           III-D.    Survey Questionnaire          ...................................................................   40


                                                      TABULATED RESULTS


                                           III-E.    Compiled Planning Board Interviews                 ...........................................      56
                                           III-F.    Compiled Selectmen Interviews               ...................................................     64
                                           III-G.    Compiled Agricultural Landowner Interviews                     ............................         68
                                           III-H.    Tabulated Survey Results           .............................................................    76
                                           III- I.   Pollution Potential Index         ...............................................................  102
                                           III-J.    Riparian Land Uses around Great Brook                 .......................................       113





                                 FIGURES


                                 I .       (MAP) Nonpoint Source Pollution Potential from Riparian Land Uses
                                           around Great Brook         .................................................................................. 21


                                 2.        (MAP) Nonpoint Source Pollution Potential from Land Use around
                                           Wheelwright Creek          .................................................................................. 22






















                                                                                            iv









                           EXETER RIVER WATERSHED NONPOINT SOURCE POLLUTION POLICY
                                                         IM[PLEMENTATION AUDIT



                                 1. OVERVIEW


                                        Nonpoint sources of pollution are a principal cause of water quality problems in
                                 the Exeter River Watershed and coastal waters of New Hampshire. Land use policies in
                                 and around riparian zones have the potential to influence this problem. The objective of
                                 the Exeter River Nonpoint Source Pollution Policy Implementation Audit conducted by
                                 the University of New Hampshire Department of Natural Resources in conjunction with
                                 the NH Office of State Planning (OSP), was to build on work completed for the
                                 Exeter/Squamscott River Watershed Project conducted as part of the New Hampshire
                                 Coastal Program's 308 project. The focus of the study was to determine if land uses,
                                 likely to be the sources of nonpoint source pollution impacting the Exeter River, are or
                                 can be effectively addressed through existing policies and land management efforts.
                                 Recommendations will be made for future water quality monitoring strategies.

                                        A. PROJECT OBJECTIVES


                                 The objectives of the project were to:
                                 1. Inventory the land uses around the Great Brook and Wheelwright Creek tributaries to
                                 the Exeter River to note structure setbacks and specific land use practices in the riparian
                                 zone, as well as locate the areas served by on-site septic systems along with outfalls and
                                 potential sites from which leaching can occur.

                                 2. Assess the types of land use practices which may be contributing to nonpoint source
                                 pollution identified by the Coastal Program's 308 Watershed project.

                                 3. Perform a content analysis of the policies and land use regulations for the Town of
                                 Exeter in order to determine their purpose, how they are intended to function, how they
                                 are being implemented and enforced, and who is responsible for enforcement.

                                 4. Develop instruments to ascertain the degree to which implementation and
                                 enforcement of regulations for pollution source control and land use practices are in
                                 effect.


                                 5. Conduct interviews of local officials, facility managers and landowners who have
                                 authority and/or implementation responsibilities to determine how existing policies and
                                 regulations are being administered, monitored and enforced.

                                 6. Enter data on the two focus tributaries to the Exeter River (Great Brook &
                                 Wheelwright Creek) into the University's Geographic Information System (GIS) for final
                                 analysis and development of recommendations.











                                    B. PROJECT ACTMT]EES AND PRODUCTS:


                                    Project activities and associated products are briefly outlined. A review of
                              regulations for the town of Exeter, was followed by a land use assessment, interviews
                              and surveys of local planning boards, conservation commissions, health officers, boards
                              of selectman and agricultural landowners. Data was compiled and analyzed. The
                              University of New Hampshire worked in conjunction with the Rockingham Planning
                              Commission (RPQ to collect relevant information and generate GIS maps showing the
                              results of the project.

                              1. Land use inventories of Great Brook and Wheelwright Creek watersheds were
                              developed. These inventories summarized land uses and existing regulatory frameworks
                              and are presented in Section IV. The final GIS map illustrates the results of this project
                              component.


                              2. Land use practices which may be contributing to nonpoint source pollution as
                              identified by the Coastal Program's 308 Watershed project were identified and evaluated
                              as reported in Section IV, and Appendix 111-1. This analysis was informed as a result of
                              the content analysis of existing policies and practices in the Town of Exeter, as well as
                              on the basis of information obtained through interviews and -surveys. The results of the
                              survey of Town Planning Boards and Conservation Commissions in the towns of Exeter,
                              Kensington and East Kingston are addressed in Sections III and V and tabulated in
                              Appendix 111-H. The survey, as tailored to three target sample populations is found in
                              Appendix 111-D.

                              3. Instruments were developed to ascertain the degree to which implementation and
                              enforcement of regulations for pollution source control and land use practices are in
                              effect. Instruments included: 1) a survey questionnaire; 2) focused interview
                              questionnaires; 3) a Pollution Potential Index; 4) and two GIS coverages of the tributary
                              watersheds.


                                    The survey questionnaire was distributed to the entire membership of local land
                              use decision making bodies in Exeter, E. Kingston, and Kensington. A focused
                              interview questionnaire was generated and focused interviews were held with the
                              chairpersons of Planning Boards and Conservation Commissions from the three towns.
                              A structured interview was developed and administered to agricultural landowners on
                              riparian lands in the Great Brook watershed. These assessment instruments are found in
                              Appendix 111-D (the survey); Appendices 111-B and 111-C (the questionnaire which
                              served as the basis for the focused interview); and in Appendix 1. The Nonl2oint Source
                              Pollution Poligy Assessment In&x. Finally, the addition of the institutional overlays in
                              the GIS, allows visual correlations of areas identifiable as being susceptible to nonpoint
                              source pollution with the various components of the relevant institutional and regulatory
                              framework in place as of 1996. See Figures I and 2.

                              4. The degree to which implementation 4tnd enforcement of regulations for pollution
                              source control and land use practices were actively being pursued was determined
                              through the use of interviews and surveys. The results were compared with written
                              documentation of in place policies (e.g., zoning regulations) and those Best Management
                              Practices (BMPs) claimed by entities with land use management or oversight


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                               responsibilities. The degree to which these are actively pursued is indicated by the Index
                               Rating assigned in the Nonpoint Source Pollution Policy Assessment Index. See
                               Appendix III-1; and Sections VII below.

                               5. Interviews of local officials, facility managers and landowners with authority and/or
                               implementation responsibilities were conducted to determine bow they approached the
                               administration, monitoring and enforcement of local policies with an objective of
                               controlling or preventing nonpoint source pollution. Interview results were supplemented
                               by the information obtained through the surveys. See Appendices III-E. 111-F and Ill-G.

                               6. Data on the two tributaries to the Exeter River, Great Brook and Wheelwright Creek,
                               were entered on the Geographic Information System maintained by the Rockingham
                               Planning Commission, to facilitate its use by the local governments in addressing
                               nonpoint source pollution in the Exeter River watershed, and in particular in the
                               watersheds associated with Great Brook and Wheelwright Creek. See Figures I and 2
                               and Appendix 111-J.



                               ILBACKGROUND


                                     A. PREVIOUS RESEARCH


                                     The New Hampshire Coastal Program completed a one year study in 1995 to
                               address nonpoint source pollution in the Exeter River/Squamscott Watershed. Project
                               activities included a review of local land uses and regulations in the watershed and a
                               summary of existing water quality data augmented with additional site specific
                               monitoring. The report concluded the watershed is rural in character. However land
                               development activities and land use practices in the watershed have the potential to
                               impact water quality in the area. Additionally, the study found that: (1) Many towns in
                               the watershed have regulations in place that can control potential nonpoint sources of
                               pollution. However, there are a number of regulations that towns may want to adopt or
                               update to strengthen the effort to prevent nonpoint sources of pollution; (2) maintenance
                               and inspection programs required by land use regulations should be evaluated and
                               strengthened where necessary; (3) stormwater runoff in the more urbanized Part of the
                               watershed is a major concern; (5) levels of contaminants that exceeded state standards,
                               which were observed for both dry weather and storm events, elevated bacteria was the
                               most frequent water quality problem; and (6) Although generally at lower levels and
                               with less frequency, bacteria levels that exceeded, state standards were observed in the
                               upper part of the watershed. Sites were not as pristine as originally thought (OSP, 1995).

                                     Based upon the results of the Exeter/Squamscott Watershed Nonpoint Pollution
                               Control Project Report, it was determined that there was a need to identify potential
                               sources of pollution coming from tributaries draining into the Exeter River. This study
                               identifies potential sources and also provides an assessment of whether existing policies
                               and Best Management practices (BMPs) are in place, the extent to which they are
                               actively monitored and enforced and provides an indication of the areas in need of the
                               most assistance, given their present situation.





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                                 B. NONPOINT SOURCE POLLUTION


                                        Past efforts to achieve water quality standards have focused on reducing point
                                 sources of pollution. Recent water quality data and studies suggest that nonpoint sources
                                 of pollution (NPS) are the existing major cause of current water quality problems in New
                                 Hampshire (OSP, 1996).

                                        Nonpoint source pollution is responsible for more than half of all water quality
                                 problems in the United States (CT DEP, 1995). NPS results from precipitation that
                                 becomes contaminated as it travels through the atmosphere, along the land surface, or
                                 through subsurface flow as water passes over soils making its way to rivers, aquifers,
                                 and oceans. NPS, unlike point sources of pollution, originates from scattered land uses
                                 in a watershed. As water passes over city streets, farm operations and construction sites,
                                 it picks up pollutants such as bacteria, oil, or fartilizers (OSP, 1996). These pollutants
                                 travel to bodies of water through overland flow or storm drains, degrading existing water
                                 quality and altering the ecology of these systems.

                                        There are numerous negative effects nonpoint pollution can have on water quality.
                                 Excessive sedimentation from nonpoint sources can accelerate surface-water
                                 eutrophication leading to fish kills. It also decreases the recreational and aesthetic use of
                                 surface waters (Tim et al, 1995). Coliform bacteria are found in large numbers in the
                                 intestines and feces of warm-blooded animals and as organisms in soil or vegetation.
                                 Coliform bacteria concentrations in excess of one colony per 100 ml of water indicate a
                                 possible source of animal waste contamination and possible presence of pathogenic
                                 organisms. Pathogenic bacteria can cause diseases such as: intestinal infection,
                                 dysentery, typhoid, and hepatitis (Plowman, 1989). Fecal matter deposited from
                                 livestock is a source of pathogenic bacteria which settles in stream bottoms, dies or
                                 becomes resuspended. Similarly, overflows from failed septic systems or combined
                                 sewers provide pathways for such materials to both surface and groundwater,
                                 contaminating local streams and rivers. Intestinal bacteria can survive days to months in
                                 aquatic environments. Animals walking in streams and increased stream turbulence due
                                 to runoff have demonstrated the ability to resuspend sediment-bound enteric bacteria on
                                 strewn bottoms (Sherer et al, 1992).

                                        Management of nonpoint source pollution in watersheds requires an integrated
                                 approach involving implementation of on-site and off-site management controls. Off-site
                                 controls include land use and water quality regulations and polices created to minimize
                                 potential pollution sources. On-site controls include Best Management Practices
                                 (BMPs). BMPs include land management practices such as vegetative, buffers,
                                 conservation tillage, integrated nutrient and pest management, sediment detention
                                 basins, forest riparian zones and the use of natural or constructed wetlands (Tim, 1995).
                                 They also include proper siting, design and maintenance of on-site wastewater treatment
                                 facilities such as septic systems. For the purposes of this study, a policy implementation
                                 audit was used to evaluate off-site controls and a combined policy implementation audit-
                                 land use assessment was used to evaluate on-site controls.









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                                         C. ViHAT IS LAND USE ASSESSMENT?


                                         Within watersheds, different types of land uses may contribute specific types of
                                  pollution. Agricultural farms and septic systems, if they are not operating properly, may
                                  be a source of nutrients and bacteria to water bodies. Storm water drains from parking
                                  lots are potential sources of heavy metals and oils. If water quality sampling shows high
                                  levels of nutrients and bacteria, this is likely to be associated with corresponding riparian
                                  land uses. Designing a remedy for polluted water in the Great Brook watershed involved
                                  assessing rural land owners property to determine: 1) the type of land uses on the
                                  property and 2) any land use management practices being used to reduce pollution runoff
                                  from the sites.


                                         A combination of factors can influence the potential for land uses to contribute to
                                  nonpoint source pollution. The size of the land use and the types of management
                                  practices in place will affect the resulting capability for a land owner to control
                                  pollution. For the purposes of this study, land use assessment involved evaluating BMPs
                                  as well as other relevant applications which are operative under regulatory standards and
                                  guidelines applicable to particular and/or site specific conditions. Examples evaluated
                                  for this project included: 1) the land use type, 2) the proximity of the land use to a
                                  stream, 3) duration and type(s) of BMPs used on site, 4) and how successfully BMPs
                                  have been implemented and are working. Information derived from this comparison aids
                                  in determining the pollution potential for specific riparian land uses and/or associated
                                  with a particular constellation of associated policies and practices.



                                  D. WHAT IS A POLICY E"LEMENTATION AUDIT?


                                         Land use policies and regulations have been created by the federal, state, and local
                                  governments in an attempt to minimize and prevent impacts from current and future
                                  development activities and promote appropriate land use planning. Land use regulations
                                  are found in state Revised Statutes Annotated (RSAs), state land use planning guides for
                                  local officials, municipal zoning ordinance manuals, and municipal site plan and
                                  subdivision manuals. Land use regulations only fulfill their intended purpose if they
                                  become implemented in towns and are monitored and enforced by officials. The
                                  function of a policy implementation audit is to ascertain the degree to which policies and
                                  regulations are in place and being enforced. Information from the audit can be used to
                                  reduce NPS in the Exeter River Watershed.


                                        This study uses three methods of evaluating policies and regulations in the towns
                                  of Exeter, E. Kingston and Exeter. 1) Content analysis- Compiling regulations from
                                  manuals and evaluating their effectiveness with respect to their function; 2) Interviews-
                                  of local officials and riparian landowners who have the authority or experience with the
                                  process and results of enforcement efforts; 3) Surveys- of planning boards, selectmen,
                                  and conservation commissioners to substantiate how enforcement of land use polices is
                                  occurring.







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                                 III. METHODS


                                              A. STUDY SITES


                                       Two tributaries of the Exeter River were selected for investigation: Great Brook
                                 and Wheelwright Creek. Both are sources of nonpoint pollution to the Exeter River.


                                                     1. Great Brook
                                       The Great Brook tributary was chosen as the focus study site for this project (See
                                 Figure 1). Great Brook headwaters begin in the town of E. Kingston flowing northeast
                                 through Kensington into Exeter draining into the Exeter River. The Brook flows
                                 approximately 5 miles. Four tributaries drain into Great Brook: Spring Brook,
                                 Brickyard Brook, Hobbs Brook, and York Brook.

                                       The entire watershed of Great Brook is unsewered. All buildings are served by
                                 septic or other on-site wastewater treatment systems. The predominant land uses around
                                 the Great Brook tributary consist of livestock and cropland farms, residential housing, a
                                 golf course in E. Kingston, one gravel pit, forest lands and open space.

                                       There is residential housing along Route 108 in E. Kingston and adjacent to Great
                                 Brook. The back yards of these houses extend into flood zones, wetland areas, and in
                                 locations with either very low or medium suitability for septic systems. These are
                                 sensitive areas which may be of concern.

                                       Water quality sampling taken by OSP during the months of May to September
                                 1995 indicated high bacteria and nutrient levels at the Route 108 culvert and Great
                                 Brook intersection. Bacteria levels were the highest of all sites sampled in the Exeter
                                 River Watershed and exceeded state limits set for class B waters (E. coli. 400-9800
                                 cts/ 100 ml) (OSP, 1995). Total phosphorus and ammonia were in the range for urban
                                 and agriculturally impacted surface waters (OSP, 1995).

                                                    2. Wheelwright Cree
                                       Wheelwright Creek headwaters begin east of Portsmouth Avenue at the Exeter
                                 Reservoir and South of Jady Hill (See Figurg-2). Wheelwright Creek is a tidal river. It
                                 extends approximately half a mile, draining into the Squarnscott River which flows to
                                 Great Bay. Riparian land uses differ between the Great Brook and Wheelwright
                                 watersheds. While Great Brook is surrounded by agricultural land, Wheelwright Creek
                                 runs through the urban center of Exeter which is in close proximity to shopping malls,
                                 gas stations and receives runoff from storm drains on Portsmouth Avenue. It also flows
                                 adjacent to the Exeter Country Club.

                                       All residential and commercial developments are within sewer service areas.
                                 However, this does not indicate that all houses are hooked up to the system.

                                       Wheelwright Creek was also sampled from May to September 1996 by OSP at
                                 Jady Hill. Bacteria levels were consistently over the state standards. Bacteria levels
                                 were higher on storm dates than dry dates. Total phosphorous levels were elevated on
                                 storm sample days whereas nitrate levels were elevated for two dry days. The
                                 Exeter/Squamscott Watershed Nonpoint Pollution Control Project Report suggested that


                                                                         6









                                   the combination of high bacteria and nutrients, during both stonn and dry events, could
                                   be the result of stormwater runoff and septic systems influences (OSP, 1995).


                                         B. CONTENT ANALYSIS


                                         Determining the effectiveness of certain policies/regulations involves substantive
                                   evaluation of their contents. A content analysis matrix was completed for the Town of
                                   Exeter. See Appendix IH-A and Figure 2. Between February and June 1996 a review
                                   of regulations was compiled using local zoning, site plan and subdivision manuals, and
                                   Revised Statutes Annotated (RSAs). The matrix completed from this analysis includes:
                                   1) subject headings of zoning regulations, 2) the regulation as it is written in Exeter's
                                   zoning manuals (showing how the regulation is intended to function), 3) the authority
                                   which is responsible for enforcing the regulation, and 4) the current
                                   enforcement/monitoring provisions. The checklist of current land use regulations made
                                   by the Office of State Planning (OSP) in the Exeter/Squamscott Watershed Nonpoint
                                   Pollution Control Project Report was used as an initial basis to identify existing
                                   regulations in the three towns.


                                         C. INTERVIEWS


                                         A focused interview questionnaire (Appendix III-B) was generated to assist the
                                   process of obtaining information from decision makers to determine whether and/or how
                                   regulations were being implemented and enforced in the three towns. Chairs of the
                                   Planning Boards and Selectmen in Exeter, Kensington, and E. Kingston were
                                   interviewed. Interviews, each of which lasted approximately an hour and a half were
                                   taped and transcribed (Appendix III-E and 111-F .
                                         A structured interview was developed and administered to agricultural landowners
                                   on riparian lands. Farmers, (four livestock and one cropland) who live in the Great
                                   Brook watershed, were interviewed. The structured interview posed questions about
                                   existing regulations and Best Management Practices (BMPs) presently being used on-
                                   site (AI212endix 111-0. Additional questions addressed subjects such as fertilizer and
                                   manure use, proximity of the property to the Brook and monitoring. Interviews from
                                   agricultural landowners were conducted on-site. The results are summarized in
                                   Appendix III-G.


                                         D.SURVEYS


                                         A questionnaire survey was generated to collect information about the degree to
                                   which implementation and enforcement of regulations for pollution source control and
                                   land use practices are in effect. Three different surveys ( Appendix III-D-) were
                                   generated to target planning board members, selectmen, and conservation
                                   commissioners. All surveys had 35 questions. Questions 1-17 were the same in all
                                   surveys and asked to every respondent. Questions 18-28 were tailored specific to the
                                   decision-making authority. Questions 19-35 include demographic information
                                   (Appendix III-H). In the beginning of March, approximately 50 surveys were either
                                   distributed directly at town meetings or mailed to Planning Board members, Selectmen,
                                   and Conservation Commissioners from Exeter, E. Kingston, and Kensington. A follow-
                                   up postcard was sent to those who did not return the survey by the initial deadline in an



                                                                            7









                                attempt to maximize the number of surveys returned. The results of the surveys have
                                been summarized in tabular form Appendix III-


                                      E. LAND USE ASSESSMENT


                                      Land use assessment was completed for both tributaries. Aerial photography,
                                Geographical Information Systems (GIS) maps, topography maps, on site inspections,
                                interviews with landowners, and communication with personnel at the Rockingham
                                Planning Commission were used to inventory land uses in the riparian areas of the two
                                focus tributaries. GIS maps (Figures I and 2) made by RPC were used to determine
                                areas in the three towns which are served by sewer hookups. Setbacks from the streams
                                was estimated during on site inspections and using distances on maps. Therefore
                                setbacks shown are approximate rather than measured distances. See Section IV below.


                                      F. MAPS


                                      The land use assessment inventory (Objective # 1 &2) of Great Brook and
                                Wheelwright Creek as well as interview and survey information were used to determine
                                potential sources of pollution in these watersheds. The GIS maps in Figgres I and 2
                                show the results of the land use inventory for the two study areas.


                                                   1. Great Broo
                                      The RPC plotted a 24" X 36" map of the Great Brook at a scale of 1:600'. This
                                map showed all land uses currently entered in their GIS database.

                                      Aerial photography flown for the town of Exeter in April 1995 was also at a scale
                                of 1:600. Aerial photography was used for the towns Kensington and E. Kingston that
                                was at a scale of 1:400. A mylar sheet was overlaid on top of the 24" X 36" map.
                                Polygons were drawn outlining approximate boundaries of land uses aided by the use of
                                the aerial photography and on site descriptions of boundary lines. The mylar overlay
                                was digitized into the RPC database and a 17" X I I " map was printed out. The new GIS
                                coverage titled, "Nonpoint Source Pollution Potential from Riparian Land Uses around
                                Great Brook" shows the results of data synthesis (EJI& @r).

                                      A summary attribute table which includes information about each land use
                                mapped was generated, input into the RPC database, and joined to the polygons. The
                                attribute table includes the following information: the polygon number, regulations for
                                the associated land use, jurisdictional authority, enforcement occurring, land use
                                type/land cover, the proximity the landuse is to the river and current BMPs being used
                                Appendix III-J). Based upon this information, a potential to pollute index was
                                generated (AI212endix 111-1

                                                   2. Wheelwright Cree
                                      An 8.5 " X I I" map was printed to show the land uses around Wheelwright Creek.
                                Potential land uses contributing to nonpoint source pollution were determined using
                                aerial photography, on-site inspections and interviews. Symbols were digitized into the
                                GIS database showing land uses which have the potential to contribute to nonpoint
                                source pollution. A new coverage was printed titled, "Nonpoint Source Pollution
                                Potential from Riparian Land Uses around Wheelwright Creek" (Figure 2).


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                                   IV. LAND USES IN THE GREAT BROOK WATERSHED


                                         A. LAND USE ASSESSMENT


                                         An inventory of the land uses around the Great Brook and Wheelwright Creek
                                   tributaries to the Exeter River was completed to better ascertain potential pollution
                                   sources. Types of land uses which may be contributing to nonpoint source pollution
                                   in the Great Brook and Wheelwright Creek tributaries include livestock farms,
                                   septic waste application facilities, golf courses, septic systems and stormwater
                                   and/or urban runoff.


                                                1. Livestock farm5:
                                         Improper management of livestock farms can lead to sediment, nutrient and
                                   bacteria loss to water bodies. As the number of cattle increases on-site, so does the
                                   potential for pollution. There are four livestock farmers in the riparian zone of the Great
                                   Brook watershed. All four livestock landowners were interviewed and agreed that
                                   sections of their property drain directly into the Great Brook or one of its tributaries.
                                   This was verified by direct observation. None of these owners were using buffers on
                                   their land to restrict animals from walking near or in the Brook. Three of the four farms
                                   have cows that can and do move through the Brook or its tributaries. The other farmer's
                                   property abuts the edge of a wetland that drains into the Brook. Her livestock are fenced
                                   and prevented from entering the wetland. However the wetland is considered the buffer
                                   zone between th e brook and farmland in this instance.


                                         Two of the four farmers interviewed are composting their manure or storing it
                                   during periods when land application is not suitable.

                                                2. Septic application facility:
                                         Land spreading of septic waste creates the potential for nutrient loss by overland
                                   flow and groundwater infiltration. There is one septage application facility in E.
                                   Kingston. This facility accepts waste from septic systems in the Rockingham County.
                                   The waste is held in a large holding tank approximately 12 feet deep and 80 feet across.
                                   A constructed wetland was created in 1994, with assistance from the EPA and NH DES,
                                   in an attempt to reduce nutrient and bacteria loss from this site to soils. The constructed
                                   wetiand consists of 5 cells and drains out onto a receiving wetland. Approximately
                                   20,000 lb./acre of septic waste is applied once-twice a year between July and August.
                                   The waste is used as a fertilizer between crop rotations. The waste is applied to about 30
                                   acres of hay field and 3 acres of com fields. The corn is grown for cattle feed. The hay
                                   field surrounds Great Brook. Application of septic waste stops approximately 100 ft
                                   from the Brook.


                                         The majority of the hay field adjacent to Great Brook where waste is applied is
                                   located in a flood plain, with wetlands, in very low suitability soil for septic systems.
                                   The field slopes downward to the Brook causing excessive ponding during Spring rains.
                                   If nutrients and bacteria are not readily taken up by the hay vegetation the potential for
                                   runoff is high.



                                                                            9










                                              3. Golf Courses:
                                       Great Brook runs through the middle of the E. Kingston golf course. The slope of
                                 the golf course drains into the Brook.

                                       The Exeter River Country Club banks the Wheelwright Creek. A wetland with
                                 cattail vegetation is adjacent to the golf course. During high tidal flow the water comes
                                 up to the edge of the golf course (personal communication, Lee Lemieux, grounds
                                 keeper). Seventy-five percent of the Exeter Country Club is on conservation lands,
                                 therefore town Conservation Commissioners monitor the course on a yearly basis. The
                                 golf course must meet EPA standards and an inspector from the EPA takes samples to
                                 determine pesticide concentrations. Fertilizer and pesticide applications stop about 100
                                 feet from the edge of the wetland. An insecticide is sprayed for sod worms twice a year.
                                 Fertilizers are applied to the greens, tees and fairways four months of a year using from
                                 150 lb.-200 lb. per acre.

                                              4. Septic systems
                                       Septic systems which are not properly installed, pumped regularly or functioning
                                 properly may be contributing to nonpoint source pollution. Those septic systems in
                                 close proximity to streams increase the'chances of water quality problems. The locations
                                 of residential housing are shown on land use maps for both Great Brook and
                                 Wheelwright Creek. It is difficult to accurately determine which systems may be
                                 contributing to the problem. However, residential houses in riparian areas, as a group,
                                 pose a potential to pollute.


                                 V. LAND USE REG ATIONS IN THE EXETER RIVER WATERSHED


                                       A. CONTENT ANALYSIS OF REGULATIONS


                                       Municipalities in the Exeter River Watershed have the authority to enact local
                                 land use regulations which may reduce nonpoint source pollution. The presence/absence
                                 of certain policies, how they are implemented and enforced, will contribute to reducing
                                 nonpoint source problems.
                                       The content analysis matrix (Appendix 111-A) helps to determine which
                                 regulations are missing across the three towns, how the wording of regulations may
                                 influence their effectiveness, and where monitoring initiatives can be strengthened.

                                              1. Purpose of Regulations:

                                       Regulatory measures are often the backbone of any land use management
                                 program, including watershed protection. However, regulations must be properly
                                 administered and enforced to be effective (CT DEP and CT OSP, 1993). Land use
                                 regulations provide a means for protecting the ecology of watersheds. Certain standards
                                 are kept for activities which may alter or impact ecosystems. Land use regulations
                                 include: zoning ordinances, subdivision and site plan regulations and environmental
                                 resource regulations such as wetland protection (CT DEP, 1993). Additionally, the
                                 Exeter River serves as a drinking water supply for the town of Exeter, a habitat for
                                 wildlife and a system for aquatic organisms. Therefore, existing regulations in this



                                                                        10









                                  watershed aim to control potential pollutants such as sediment loading, nutrients,
                                  pathogens and toxic pollutants from degrading the water quality.

                                               2. Intended Function:
                                         Dominant potential nonpoint sources of pollution to these watersheds include
                                  local land uses of agriculture, residential housing, golf courses, commercial
                                  development, parking lots and road construction and/or maintenance activities. Causes
                                  associated with these land uses include livestock, cropland runoff, manure and/or septic
                                  applications to croplands, faulty or improperly maintained septic systems, timing and/or
                                  over application of fertilizers and pesticides on golf courses and/or residential lots, storm
                                  sewer overflows, parking lot run-off, and failure of road construction or repair crews to
                                  implement erosion and sediment control measures. Specific land use regulations have
                                  been created in the towns of Exeter, E. Kingston, and Kensington appropriate to each
                                  town's perceived need. Below, is a compilation of local and state regulations
                                  summarized by subject. Subject categories were chosen based upon existing major land
                                  uses within the geographic areas of the focus tributaries.

                                                      a. Agricultural Regulations:
                                         The State of New Hampshire has agricultural regulations in place to control
                                  manure, agricultural compost and chemical fertilizers under RSA 431: 33-35. The NH
                                  Department of Agriculture is required to investigate complaints of improper handling of
                                  manure or fertilizers. If the department finds that improper handling is caused by failure
                                  to use BMPs, the person responsible must be notified of the findings in writing and must
                                  submit a plan for compliance with BMPs if they have not already made the corrections
                                  within 10 days of notification. If the farmer does not comply, NHDA notifies NHDES
                                  and or the local health officer and action is taken by NHDES (under RSA 485 A: 12) or
                                  by the local health officer (under RSA 147: 4). The NH Agriculture BMP manual lists
                                  management practices which can reduce nonpoint source pollution from impacting
                                  streams. The United States Farm Service Agency (USFSA), under the department of the
                                  United States Department of Agriculture (USDA) provides cost sharing services for
                                  farmers. A district conservationist from the RCCD monitors the actions of these farmers
                                  who are getting federal assistance from the federal government.

                                         The United States Natural Resources Conservation Services (USNRCS) will
                                  provide technical assistance for farmers to implement and design structural changes and
                                  at a regional level the RCCD works with farmers on conservation plans. However, the
                                  NH Department of Agriculture (NHDA), NH Department of Environmental Services
                                  (DES), the district conservationist from the RCCD, local health officers and public
                                  complaints are the means of enforcing federal and state agricultural regulations. The
                                  Office of State Planning (OSP) and RCCD function to provide technical assistance to
                                  farmers and local municipalities.

                                         Under the Comprehensive Shoreland Protection Act RSA 483-B, agricultural
                                  practices and operations are exempt from the law if they are in conformance with BMPs
                                  determined by USDA's NRCS, the Cooperative Extension Service, andNew Hampshire
                                  Department of Agriculture (NHDA).

                                         At a local level, the town of Exeter permits agricultural use in a Shoreland District
                                  if it can be shown that such use will not cause increases in surface or ground water









                                  contamination by fertilizers, pesticides or cause substantial soil erosion. There is a
                                  requirement that all pesticide applications are to be conducted in strict accordance-with
                                  the requirements in NH RSA 430: 28.

                                                      b. Septic Systems:
                                        Septic systems which have not been maintained, constructed properly, or which
                                  were installed prior to adequate construction requirements may be contributing sources
                                  of bacteria and nutrients to streams. New Hampshire Department of Environmental
                                  Services (NHDES) regulates the design and installation of new systems (OSP, 1995).
                                  None of the three towns require annual inspection of septic systems. Kensington requires
                                  a setback of 75 feet from leach field boundaries to standing or running water. E.
                                  Kingston requires a 100 foot setback to water bodies. The Planning Board chainnen
                                  indicated this regulation was increased from 75 feet to 100 feet because much of the land
                                  in E. Kingston lies in floodplain areas. Exeter requires a 100 foot setback from the
                                  shoreline of perennial brooks and streams located within the Exeter Shoreland Protection
                                  District. Exeter also requires a ISO foot setback from the shoreline of the Exeter River,
                                  and Squamscott River and their major tributaries. In an effort to improve water quality,
                                  the Town of Exeter imposes more stringent requirements than the other two towns with
                                  respect to the distance a septic system can be placed above the seasonal high water table,
                                  requiring two feet rather than six inches of natural permeable soil above the seasonal
                                  high water table (Exeter, 1993).

                                        B. IMPLEMENTATION AND ENFORCEMENT OF LANDUSE
                                        REGULATIONS


                                               1. The Written Regulations

                                        Regulatory provisions concerning how monitoring and enforcement of land use
                                  regulations intended to address nonpoint pollution source controls are within the
                                  authority of both state and local governments. Written regulations to address various
                                  sources of NPS pollution are currently in place for both jurisdictional levels of
                                  government in the three towns located within the area of the Exeter River Watershed
                                  included in this study. It is also permissible for regulations to indicate frequency and/or
                                  conditions when monitoring should occur and to assign responsibility as to who should
                                  undertake the monitoring and report its results. The wording of regulations provides
                                  insight as to which regulations are more stringent. For instance, regulations will use the
                                  words "may," "shall" or "will" according to the situation.

                                        State land use regulations provide for enforcement by the NH Department of
                                  Environmental Services (DES) by use of on site inspections and water quality sampling.
                                  At a regional level, the RCCD monitors farms which receive cost sharing aid from the
                                  Farm Service Agency. However, there is only one District Conservationist who is
                                  monitoring these farms. Because, at present, there are at least 600 New Hampshire
                                  farms with conservation plans, an effective monitoring program currently does not exist
                                  (personal communication, RCCD). Many of these farms are also receiving federal
                                  assistance.


                                        Public complaints are the most common means of triggering monitoring. Upon
                                  public complaint, the Health Code Officer (HCO) or Code Officer (CO) along with a


                                                                           12









                                  Conservation Commissioner (CC) member will go out to the site and determine if BMPs
                                  need to be put in place.

                                        At a local level, municipalities receive their powers for planning and zoning from
                                  NH RSA 672-676. Planning Boards can regulate site plans and subdivisions. Planning
                                  board members usually do not do on site inspections. The HCO and CO of Exeter, E.
                                  Kingston, and Kensington provide the meansof monitoring/enforcement for new septic
                                  systems, agricultural operations, and subdivisions. That is, they issue permits to install
                                  septic systems if the site meets proper conditions as specified, but no periodic
                                  inspections are required or undertaken to monitor septic system performance. Only if
                                  there is a complaint and subsequent follow-up by the Health Code Officer, is there
                                  likelihood that malfunctioning systems will be found in violation and corrective action
                                  taken. Upon violation, the HCO can give a verbal warning and instructions to modify
                                  activities to comply with existing regulations. If the violation proceeds, the
                                  Conservation Commission and Selectmen will be contacted. Written notices may be
                                  given, if the property owner does not address the written notice findings, fines may be
                                  levied or court action initiated. In Exeter, E. Kingston, and Kensington, Selectmen
                                  indicated that usually only one time during their term as chair(s) of their respective
                                  agencies have they needed to issue a fine or take court action.

                                               2. Focused Interviews


                                                      a. Planning Board Chairs
                                        Planning Board and Selectmen Chairs provide insight about how well provisions
                                  written in State and local manuals are being carried out, monitored and enforced by local
                                  officials. Planning board members indicated that the Building Inspector (BI) and the
                                  Code Enforcement Officer (CEO) are the means of monitoring site plan and subdivision
                                  regulations. The BI is looking for conformance with code requirements and site
                                  approval. The degree of monitoring across the three towns varies. Exeter has a BI who
                                  works in the Planning department. A bonding requirement is imposed on applicants for
                                  building permits. As the applicant completes stages of the project, percentages of the
                                  bond are released. The E. Kingston Planning board chair indicated that the BI will not
                                  sign the plat until he gives approval that boundary markers are right. It was expressed
                                  that the BI is a part time voluntary position and that he has a lot of ground to cover. The
                                  Kensington chair indicated that the chair can ask for follow-up of an application by the
                                  BI. The CEO goes to the site. However the chair also noted that [at least in some cases]
                                  it appears that the BI does not go to the site after the work has been done.

                                        In response to the question: "If a resource issue arises before the board which you
                                  feel strongly about protecting, how can you influence an outcome in your favor?",
                                  members interviewed indicated that new regulations can be made or that existing
                                  regulations could be changed. It was also noted that the "interests" of board members
                                  will affect the types of issues which are given implementation and enforcement priority.
                                  They acknowledged that Planning Board members must evaluate the need of all resource
                                  issues in the town. Members' opinions about the importance of the environment
                                  compared to other issues may influence the degree of land use monitoring occurring in
                                  townsas well as the extent to which existing policies and regulations are enforced.




                                                                           13









                                      When asked about implementing Best Management Practices or which BMPs
                                were being used in their town, none of the planning board chairs was aware of which
                                were being used aside from setback regulations. Most chairs did not feel that fencing
                                cattle back from the river would be a useful BMP due to the restrictions it would impose
                                on farmers. On the other hand, farmers interviewed admitted they knew that fencing was
                                a desirable BMP, and that given incentives or across-the-board policies, they would not
                                necessarily be opposed to such a requirement. Planning Board members indicated they
                                rely on the help of the Conservation Commissions and master plans to make decisions
                                about BMPs.


                                                   b. Board of Selectmen Chairs
                                      Selectmen are usually only contacted i@ a resource problem arises and is not
                                addressed to the constituent's satisfaction by another unit of local government (e.g., the
                                Planning Board, Conservation Commission, etc.). They are appointed or elected on a
                                volunteer basis and don't have the time to monitor all actions occurring in the town. The
                                BI and CC monitor land use regulations and contact the Selectmen who issue verbal or
                                written warnings upon violation.

                                      Selectmen in Exeter indicated that they are concerned about malfunctioning septic
                                systems, underground storage tanks and chemical pollutants which spill along truck
                                routes relative to known nonpoint source pollution in their town. In E. Kingston the
                                livestock farms were highlighted as contributors to nonpoint source pollution. It was
                                expressed that E. Kingston is an agricultural town and most people accept that.

                                                   c. Agricultural tandowners
                                      There are four livestock operations (one of which is also a septic application
                                facility) and one cropland farm within the Great Brook watershed. Of the four livestock
                                operations, one is an Arabian Horse farm and the other three are cattle operations. In the
                                Great Brook watershed, 30 years is the average duration of time that agricultural
                                landowners have owned and farmed their property. The largest farm in the riparian area
                                consists of 180 acres of rented and owned land which is utilized for a dairy cattle raising
                                operation. All of the cattle farms are spreading manure on their lands. Manure is stored
                                in piles during the winter months when application is not beneficial. However, the
                                manure is kept in open piles which may become susceptible to runoff during spring
                                thaws. Great Brook is surrounded by wetlands and floodplains along its course, making
                                it a wet area during spring floods. All but one landowner had experienced some type of
                                ponding, runoff, or wet areas on their property in the spring of 1996. Fertilizers are
                                utilized by the farrns to support hay production for cattle consumption. They are usually
                                applied once or twice in the spring. Three farms' fields where fertilizers are applied
                                have slopes which drain into Great Brook. Two of these fields have no buffer zone,
                                while the third has a buffer zone of approximately 200-300 feet.

                                      Farmers were asked about the types of BMPs being used on-site, why they began
                                using BMPs, and if they felt thait BMPs had affected their land's productivity. Two of the
                                farmers were controlling access of livestock to water bodies while two were not. Two
                                farmers were controlling runoff from barnyards and feedlots while the other two were
                                not (Appendix III--Q). All of the farmers were managing pastures to reduce
                                concentrations of manure, and storing it in constructed facilities during periods when
                                land application is not suitable. However, none of the livestock operations are


                                                                       14









                                  composting their manure. A fanner in the Great Brook watershed has constructed a
                                  wetland behind his feedlot in an attempt to reduce inputs of nutrients and bacteria from
                                  manure runoff. Gutters have also been installed at this location to minimize the amount
                                  of rain reaching the cement feedlot pad. Most of the agricultural landowners feel the
                                  BMPs they are using have helped the property to become more productive in the long
                                  run and as a result they have recommended that other farmers in the area use similar
                                  BMPs. When asked if landowners were concerned with animal waste affecting the water
                                  quality of the Brook, two of the four livestock farmers in this watershed indicated that
                                  agriculture and their particular locations are not a contributing source of pollution to the
                                  Great Brook. One livestock farmer mentioned that there should be a greater concern for
                                  the cattle walking throughout the Brook. Most farmers are not affected by state or town
                                  regulations unless they pertain to pesticide or septage application.

                                                3. Surveys

                                                      a. Planning Board Members
                                         Question number seventeen on the Planning board survey showed members a list
                                  of possible barriers and constraints when monitoring for compliance with regulations.
                                  Members were asked to rate on a scale of 1-6 each category; with I indicating the least
                                  barrier and 6 the greatest barrier.

                                         The majority of Kensington and E. Kingston Planning Board members indicated
                                  that a lack of personnel and insufficient funds were the largest barriers to their being able
                                  to monitor for compliance with regulations. Inadequate communication between
                                  decision-making bodies was perceived as being only an intermediate barrier to obtaining
                                  compliance with existing regulations. The majority of the Planning Board members
                                  from the three towns felt that land use regulations, as they currently exist, are not a
                                  barrier to getting compliance.

                                         Survey results indicated that the three most common means of enforcing existing
                                  regulations and policies were: verbal notification of violation, written notice of violation,
                                  and utilization of performance bonds. Legal action and reporting the incident to DES are
                                  less frequently initiated. The use of fines is the least common means of enforcement of
                                  policies and regulations in all three towns. The majority of planning board members felt
                                  that their town's regulations and Best Management Practices were effective in
                                  controlling local nonpoint source pollution.

                                         Most planning board members responded that if building construction is
                                  underway, on site inspection occurs routinely to ensure that erosion and sediment
                                  controls are in place and functioning. To ensure that compliance is occurring for erosion
                                  and sediment controls, the town engineer, conservation commissioners or the building
                                  inspector will inspect the site periodically. The conservation commissioners can
                                  evaluate the site for potential resource problems but the building inspector and health
                                  officer will impose warnings or fines if violations occur.


                                  V1. MAPS


                                         The two maps generated by RPC show land use types adjacent to the Great Brook
                                  and Wheelwright tributaries. The map titled, "Nonpoint Source Pollution Potential from









                                  Riparian Land Uses around Great Brook" illustrates eight possible sites of nonpoint
                                  source pollution within the Great Brook watershed. These sites are shaded according to
                                  land use. The pollution potential matrix coincides with the map by giving a numerical
                                  value to each riparian land use. This index number summarizes the potential for that
                                  land use to contribute to nonpoint source pollution in the Great Brook watershed
                                  (Appendix 111-1) and Section VII.
                                         The map functions to give a spatial representation of a combination of factors that
                                  affect nonpoint source pollution. The categories which were chosen as fundamental
                                  when influencing pollution and therefore displayed on the map include: streams, roads,
                                  wetlands, floodplains, septage lagoons, pesticide application areas, lakes and reservoirs,
                                  residential housing, nonpoint sources of pollution, mining, recreational, commercial
                                  development, conservation areas, industrial use, mixed use, storm drains symbol,
                                  agricultural land use, protected lands. Spatially, the map shows that many of the
                                  livestock operations are in locations which contain low or medium suitability soils for
                                  septic systems. The property boundaries of these landowners extend to Great Brook.
                                  Because of this much of their property falls within floodplains and wetland areas.



                                  VIL CONCLUSIONS AND RECOMMENDATIONS


                                         A. POLLUTION POTENTIAL INDEX NUMBER


                                         As water washes over a watershed different types of pollution will be collected in
                                  the run-off depending on land uses and management of those uses. Factors which
                                  influence the volume of run-off include: soil type, the amount and intensity of rainfall,
                                  the slope of the land and the amount and type of wastes existing on-site (Misselbrook et.
                                  al., 1995). Overland flow is expected even in pristine environments. The main
                                  difference between degraded and pristine systems is that a pristine system is able to
                                  extract, utilize and minimize concentrations of nutrients before they reach water bodies.
                                  As stated above, a number of management strategies (both regulatory and non-
                                  regulatory) can be utilized to reduce pollution leaving a site. If regulations are in place
                                  and monitored, appropriate BMPs are implemented on-site, and conditions such as soil
                                  type and distance to a water body are adequate, a land use's potential to pollute should
                                  be lower than from an area where these strategies are not utilized.

                                         Using all data collected from the project, a summary matrix was generated
                                  showing the potential to pollute index number from various riparian land uses in the
                                  Great Brook watershed (Appendix III-I). Land uses practices from eight sites are
                                  summarized under this matrix. In addition to the five farmers interviewed, the matrix
                                  includes a golf course, residential land, and a pond. The potential to pollute index
                                  number was based upon information in the summary matrix: land use type, distance to
                                  Great Brook or one of its tributaries, jurisdiction, state regulations for the associated land
                                  uses, active BMPs for the land uses in the watershed as well as monitoring and
                                  enforcement provisions.

                                         1. Developing the Pollution Potential Index Number
                                               Utilizing combinations of Best Management Practices (BMPs) as well as
                                  appropriate land use regulations serve as a complete approach to minimizing NPS in
                                  watersheds. Appendix I lists BMPs and regulations associated with land uses in the


                                                                           16









                                 Great Brook watershed. In order to determine how these management practices are
                                 operating at the eight study sites three criteria were chosen: 1) implementation; 2)
                                 monitoring; and 3) enforcement. The potential to pollute matrix identifies which
                                 regulations and BMPs have been implemented, monitored and enforced at each of the
                                 eight sites. For all three criteria they are either occurring on-site or not occurring. An X
                                 will be given for each category (i.e. implementation, monitoring, and enforcement) that
                                 is occurring for individual management practices. An X indicates a score of 0 (the least
                                 potential to pollute). If a landowner has not fulfilled the criteria a I is assigned to all
                                 missing categories. Therefore, if a landowner has implemented a BMP. an authority has
                                 monitored, and enforcement has occurred, the site is given three X's resulting in a score
                                 of 0 for that particular BMP. If a BMP has been implemented on-site but has not been
                                 monitored or enforced that site will receive a score of 2 for that BMP. Lastly, if that
                                 BMP was never implemented the site is scored a 3 for missing all three categories.

                                        The points assigned for implementation, monitoring, and enforcement for each
                                 BMP and regulation will be totaled for each site. The final number is that location's
                                 potential to pollute index number (Appendix HI-1).

                                        The lower the number the less potential for that land use to be contributing
                                 nonpoint source pollution. The higher the number the greater the chance the land use is
                                 contributing to nonpoint source pollution. These values are based upon utilization of the
                                 above assessment instruments. Recognizing differences between measuring the
                                 "amount" of BMPs and regulations per site compared to measuring water quality by
                                 samples taken at various segments of a stream, the given pollution potential numbers
                                 may not represent actual on-site pollution conditions. To make this index completely
                                 viable, similar ratings must be generated for instream water quality data. Once this
                                 combination of data is entered into a GIS and mapped, the locations which need future
                                 attention should be apparent. Therefore, the information collected for this phase of the
                                 Great Brook project provides an initial step when thinking about where future
                                 monitoring efforts should be focused. It provides a means for municipalities to
                                 maximize their resources for water quality monitoring on areas which may be
                                 contributing to nonpoint source pollution, as opposed to those areas that may not be.

                                        Management of nonpoint source pollution in local watersheds requires an
                                 integrated approach which (1) deliberately targets both on-site and off-site management
                                 controls with effective regulatory, incentives and/or best management practices; (2)
                                 incorporates a monitoring strategy designed to assess the effectiveness of inplace
                                 initiatives; and (3) provides for active enforcement of violations. Requiring,
                                 implementing and enforcing maintenance and inspection programs to monitor
                                 performance of septic systems and other on-site waste treatment systems is a key to
                                 success where these are a problem. Integrated approaches also incorporate measures to
                                 inform and educate local officials as well as those expected to comply with the strategy.
                                 These are most effective when the local peopleare made aware of both successes (the
                                 stream quality is improving) and failures (High bacterial counts indicate we had better
                                 find out why - What are the causes and sources?"). Perhaps the conclusion will be that
                                 more effective stormwater run-off controls are needed.


                                        Certain land use related regulations intended to reduce nonpoint sources of
                                 pollution to local watersheds already exist at the state and/or federal level. However, to


                                                                         17









                                  be effective they must be implemented locally. Local land use regulations combined
                                  with the use of best management practices associated with resource uses and
                                  construction are necessary. Those "police powers" reserved to local units of government
                                  must be exercised in concert with state and/or federal policies to address no'npoint source
                                  pollution problems which affect local watersheds.

                                        Nonpoint sources of pollution to Great Brook are mainly caused by land uses
                                  associated with agriculture, residences and golf courses. Commercial development and
                                  associated parking lots, storm sewer run-off and generalized urban area run-off provide
                                  the major nonpoint sources of pollution to the Wheelwright Creek Basin.

                                        Sources of fecal contamination to Great Brook appear to be livestock, but
                                  nonfunctioning septic systems could also be contributing to this problem. None of the
                                  watershed is sewered. With respect to livestock, requiring fencing, with riparian zone
                                  vegetative cover, may be an appropriate measure. Wisconsin has required its farmers to
                                  take similar measures. Given the interview results, it does not appear that most farmers
                                  in this watershed would object, particularly if some funding support to help alleviate the
                                  up-front capital costs was available. Although there are some aesthetic problems with
                                  fencing the buffer zones between the golf courses and the brook, these zones should be
                                  "structurally delineated," possibly with shrubbery and appropriate landcover to reduce
                                  the risks of fertilizer and pesticide run-off. Such solutions could be considered for East
                                  Kingston as well.

                                        The bacteria count in Wheelwright Creek is high. However this entire area is
                                  sewered, although a mobile home development adjacent may not have all units hooked
                                  to the sewage system. Alternatively, leakage from the sewer system may also be
                                  occurring. The Exeter Town Sewer and Water department indicated that the Exeter
                                  Country Club has had problems with their sewer hookup becoming clogged and
                                  overflowing. The overflow has reportedly been draining down Webster street and
                                  through a storm drain. The Exeter Sewer and Water department indicated'this storm
                                  drain may flow into Wheelwright Creek. Complaints from the neighbors in this area to
                                  the Sewer department indicated that this type of overflow has occurred repeatedly.
                                  Because this location is in close proximity to the Jady Hill location where OSP sampled
                                  it may be one contributing source of the E. coli which was detected. Also, is it feasible
                                  for this to be partially a tidal effect from the Squarnscott River?


                                  Future Projects:
                                        Policy implementation Audits can be important and very useful for the purposes
                                  of evaluating the impacts and effectiveness of nonpoint source pollution control
                                  initiatives. They can also be an effective means for determining likely causal factors for
                                  continuing nonpoint sources of pollution within a given watershed. The necessary
                                  ingredients for a successful audit include:

                                  * a land use assessment,'including identification of likely problem areas.

                                  * an inventory of existing land uses and water resource management regulations and
                                    management practices within the watershed of interest.




                                                                          18









                                * an assessment of relevant jurisdictions' approach to implementation of land use and
                                    water resource management regulations and practices, including their monitoring and
                                    enforcement strategies and results.

                                *   a time series set of water quality data which can be used to identify "hot" spots within
                                    the watershed. To encourage efficient use of resources, it may be useful to identify
                                    likely problematic areas early in the audit process, so that adequate water quality data
                                    can be acquired to serve as a baseline. Such data can help the audit focus on "hot
                                    spots." Subsequent data should be acquired over a full year for the area of concern in
                                    order to account for seasonal effects. Following an audit, if recommendations for
                                    improved regulatory or management practices are put into effect, regular monitoring
                                    should occur to track the effects of these efforts on water quality.

                                *   a geographic information system (GIS) will incorporate the data developed through
                                    the audit process. Because such a system can be easily updated and is able to display
                                    several kinds of information simultaneously, it is an excellent decision too]. A GIS
                                    will assist decision makers in determining where problem areas are located, where
                                    enforcement or new initiatives might be needed, where existing polici*es and
                                    management approaches seem to be appropriate and effective, where additional
                                    monitoring might be necessary, where new problem areas might be anticipated, etc.
                                    As whole watershed assessments are completed, the GIS can provide a basis for
                                    integrating audit information from a number of subwatersheds within a basin.

                                      For future projects of this type, the time frame should be realistic. Eighteen
                                months to two years is much more realistic, with one year as a minimum time period.
                                However, the latter would work only if existing water quality data was appropriate for
                                the watershed in question. Ideally the water quality monitoring strategy and the policy
                                implementation audit should be designed collaboratively. For the policy implementation
                                evaluation (not including the water quality monitoring) for a watershed more complex
                                either institutionally, or land use wise, and/or larger than Great Brook, the resources
                                required to complete a project would be more realistically calculated at $6,000-$l 0,000.
                                If the GIS requires a great'deal of work because the area is not currently using a GIS
                                system to map its land use data, then the figure would be slim. The water quality
                                sampling costs are not included in either estimate.



















                                                                       19











                              VUL WORKS CITED


                              Connecticut DER Assessment gf Nonpoint Sources of Pollution in Urbanized
                                     Watersheds: A Guidance Document for Municipal Officials. Connecticut
                                     Department of Environmental Protection, 1995.

                              CT DEP, CT DES, CT OPM, CT RPAAC. Protecting Connecticut' s Water-S=]Y-
                                     Watersheds: A Guide For Local Officials. Connecticut Department of
                                     Environmental Protection, 1993.

                              E. Kingston. Town of E. Kingston Zoning Ordinance. Building Code. Subdivision
                                     Regulations. Site Plan Review Regulations. Town of East Kingston, 1996

                              Misselbrook, T. H., Pain B. F., Stone A. C., Scholefield D. 1995. "Nutrient Run-off
                                     Following Application of Livestock Wastes to Grassland." Environmental
                                     Pollution, 88: 51-56.

                              New Hampshire Office of State Planning. Exeter/Squamscott Watershed NonpoinL
                                     Pollption Control Prqjec . New Hampshire Office of State Planning, 1995.

                              New Hampshire Office of State Planning. NH Planning. and Land Use Regulation:
                                     Selected Laws. New Hampshire Office of State Planning, 1994.

                              New Hampshire Office of State Planning and New Hampshire Coastal Program,
                                     Department of Environmental Services. New Hampshire Coastal Nonpoint
                                     Pollution Control Program. NHOSP and NH Coastal Program, DES, 1995.

                              New Hampshire Department of Environmental Services. Manual of Best Managgement
                                     Practices for Agriculture in New Hampshire: A Discussion of Nutrient Best
                                     Management Practices for Ag-ricultural Nonpoint Source Pollution. NHDES,
                                     1995.


                              Sherer. B., Miner R., Moore J., and Buckhouse J. 1992. "Indicator Bacterial Survival in
                                     Stream Sediments." Journal of Environmental Quali 21: 591-595.

                              Tim, U., Jolly R., and Liao H. 1995. "Impact of Landscape Feature and Feature
                                     Placement on Agricultural Nonpoint Source Pollution Control." Journal of Water
                                     Resources Planning and Managemen , 121(6), 464-469.













                                                                   20




                               Primary Routes                                                                       Nonpoint Source Pollution Pote
                               Secondary Routes                                                                           Riparian Land Uses around Gr

                               Roads or Streets
                      rNV      Town Boundaries                                                                                                 'O'r 00
                               Active Railroad                                 Kingstog,.17-
                               Lakes, eonds and
                               Reservoirs
                                                                                                   Br*        k
                               U.S.G.S. Wetlands


                               Floodplains
                               Coincidence pf Wetlands                                                                                                                                                                                                CLO
                               and tioOdPlainS


                               Protected lands


                               Pesticide Application
                               Areas                                                                         Eas

                               CERCLA Sites
                                                                                                                                                                                                                                                      1/41

                               Landfills


                               Sept4ge lagoons


                               Old Bumps
                                                                                                                                                                                                                                            Ken
                               Cropland

                      IM       Livestock                                                  M.-
                               Forms                                                                                                                                                                                                                 41014

                               Resti4ential
                               Septics

                      EEEB     Golf Course
                               Applications


                                                                                                                           CIO




                                                                                                                                                                                                                                                              CD


              Sources:
             'Base data (town boundari 9, hydro                            USGS Diglal, Line                                                  1111111110
                Graphs. 1:24,000, as arclilved in MeaPPAN'170013110'rote, Comp ex      y  tems
                Res-arch Center, University of New Hampshire.
                T@ese digital layers are registered to HAD 83 and N.H.                                                                                                                                                                                   wo
                S ate Plane Coordinates.                                                                                                                          looms
             'Digital do    in NH GFAN17 rppresent the eff or a of the       cont(ibuting                                                                                                                                                                       Wetland    source:
                agencies @, record information fro      the        source materials.                                                                                                                                                                             Soil boundaries are
                Co7lef Sgstelps      -   ch Ce?,ter TICSRC       i'll contract to the Office                                                                                                                                                                        published at varyi
                of  tq      I     jemy and n co sultqtion        w h cooperating aq ncies,
                maintal .         I Ing r     am to Identif and correct errAts the these                                                                                                                                                                            are from USG@ 1:
                d     Neither OSP nor RW        oke on      Ii          the validity or                                                                                                                                                                             All features distri
                r0"bility or to any Impli     uses of IthecsIaemdalso.1to                                                                                                                                                                                           Research Center,
                eb.                        ad                                                                                            5 - 99 Acres                                                                                                            Soil unit 4oundaries
                                                                                                                                                                                                                                                                    boundaries In the
                                                NZW HAVPSHM                                                                  - - - - - -      100 - 199 Acres                                                                                                       on the map, due
                                                                                                                                                                                                            I in.    2000 ft.
                                                                                                                             - - - - - - - - -    200+ Acres                                                  Scale 1:24000
                                                                                                     GIS Protected Lands layer forth am*               t
                                                                                                     show protected land parcels of Ctwor2l o'cres                              I                     -T                    M9
                                                                                                     or more.                                                                   0 fast                   to"                     41000                   Sabo









                                                                                                   Nonpoint Source Pollution Potential(D
                                                                                                                                                                                           Pesticid
                                                                                                                  from Land Use around                                              0      Lealtin@
                                                                    Q@-
                                                                                                                                                                                           Storm
                                                                                                                      Wheelwright Creek
                                                                                                                                                                                           Exetru
                                                                                                                                                                                           Sludge
                                                                                                                                                                                           Wate
                                                                                                                           "'s
                                                                                                                                                                                  ?own Utilitie
                                                                                                                                                                                           Oas
                                                                                                                                                                                  @Vsewer
                                                                                                                                                                                           Water
                                                                                                                                                                                           Zoning
                                                                                                                                                                                           Town F
                                                                                                                                                                                  Wetlands
                                                                                        f
                                                                                                                                                                                           POOR
                                                                                                                                                                                           TIDAL
                                                                                                                                                                                           VERY
                                                                                                                                                                                           Pestici
                                                                                                                                                                                           Exeter
                                                                                                                                                                                  Land Use
                                                                                                                                                                                           BOST
                                                                                                                                                                                           CEME
                                                                                                                                                                                           Comm
                                                                                                                                                                                           INDUS
                                                                                                                                                                                           INSTIT
                                                                                                                                                                                           MIXED
                                                                                                                                                                                           PARK\
                                                                                                                                                                                           RESID
                                                                                                                                                                                           RIVER
                                                                                                                                                                                           ROAD
                                                                                                                                                                                           TOWN
                                       0.13              0            0.13            0.26    Miles               Rockinghan                                                               TOWN
                                                                                                                  Planning
                                                                                                                                                                                           UTILI
                                         Prepared by the Rockingham Pianning Commission; 1996                                                                                              WATE














                                                                                                    APPENDIX 111-A




                         111. CONTENT ANALYSIS OF EXISTING REGULATIONS AND AUTHORITIES IN EXETER WHICH INFLUENCE NONPOINT SOURCE
                                                                                                         POLLUTION


                                                                                                   TOWN OF EXETER
                     SUBJECT AREA                    REGULATION/POLICY1                                                                          AUTHORITY               MONITORING/
                                                                                                                                                                         ENFORCEMENT
                                                                                                                                                                         PROVISIONS'


                     Subdivision regulations                                                                                                     Exeter Planning
                                                                                                                                                 Board, Selectmen
                     minimize disturbance                 The Board may require the designation of buffer strips of at least 50'
                     -avoid development of                width around surface water, wetlands or other natural features which may
                     sensitive areas                      be adversely affected by erosion or stormwater runoff.
                     -preserve riparian areas             The subdivision and development shall whenever possible, preserve in
                     -site roads to preserve              their natural condition important natural features. The Board may request
                     natural drainage features            an advisory opinion from the Conservation Commission in the
                     -limit impervious area               determination of the value of the natural features and the boundaries of
                     -limit land disturbance,             such systems. Such areas include watercourses, waterbodies, floodplains,
                     cut & fill                           wetland areas, steep slopes, aquifer recharge areas, wildlife habitats, large
                                                          or unique trees and scenic views.








                       Sources used to reference Exeter regulations included:
                      Exeter Zoning Ordinance Manual. 1993, Site Plan and Review Manual. 1993, Subdivision Regulation Manual. 1993, Exeter Master Plan. 1994, New Hampshire Planning
                      and Land Use Regulation. 1994.
                      2Sources includedthe above manuals as well as interview and survey information from Planning Board members.













                   erosion1sed control                The applicant shall submit such plans to the Board for any tract of land
                   CF,aQ                              being developed or subdivided, where one or more of the following
                   1. ESC plans required              conditions are proposed:
                   preconstruction                             a. A cumulative disturbed area exceeding 20,000 sq. ft.
                   2. What size areas? (13)                    b. Construction of a street or road.
                   3. Outside review                           c. Disturbed critical areas.
                   agency?                            The design standards shall apply to all development projects regardless of
                   4. performance std. (80%           size and/or scope.
                   TSS)
                   5. Design stds
                   6. guidance manual (14)
                   permanent stormwate                Where it is determined that the additional runoff incidental to the
                   treatmen                           development will overload or significant increase an existing downstream
                   1. perf. stds (80% TSS,            drainage facility, the Board may require the provision of drainage
                   pre-dev't runoff rates)            easements or other improvements necessary to alleviate such problems.
                   2. design stds                     All drainage improvements shall be designed to accommodate a 25-yr.
                   3. guidance manual                 storm event.
                                                 ï¿½    Drainage calculations shall be prepared in conformance with the
                                                      document Stormwater Management and Erosion and Sediment Control
                                                      Handbook for Urban and Developing Areas in NH prepared by RCCD.
                                                 ï¿½    Detailed design and construction stds for the installation of drainage
                                                      facilities can be found in the Public Works Specifications.













                    additional studiesl                 The Board shall set the amount of the performance guarantee prior to
                    performance bonds                   the final approval of the subdivision plan. The developer shall post such
                                                        guarantee with the town prior to recording the subdivision plan with the
                                                        Rockingham County Registry of Deeds and prior to the issuance of any
                                                        building permits for the site.
                                                        In an effort to determine the completeness of a subdivision application
                                                        and its conformity to all applicable ordinances and regulations, the TRC
                                                        may request an applicant to submit studies and/or exhibits above and
                                                        beyond those outlined in Sec.7.1.4. In addition, the Board may also
                                                        request the submission of studies. Examples of such studies but are not
                                                        limited to the following:
                                                                  a. A hydrogeologic study in accordance with section 9.2.7 if
                                                                    applicable.
                                                                  b. A sewerand water availability study
                                                                  c. Environmental Impact Study
                                                                  d. Traffic Impact Study
                    Site Plan Review Regulations (same regulations as site plan review regulations)
                    minimize disturbance           9    The Board may require the designation of buffer strips of at least 50'                                      * PB has the authority to
                    -avoid development of               width around surface water, wetlands or other natural features which may                                      review (accept/deny)
                    sensitive areas                     be adversely affected by erosion or stormwater runoff.                                                        applications to build.
                    -preserve riparian areas       0    The subdivision and development shall whenever possible, preserve in                                        * Town planner reviews
                    -site roads to preserve             their natural condition important natural features. The Board may request                                     applications.
                    natural drainage features           an advisory opinion from the Conservation Commission in the                                                 * Technical Review
                    -limit impervious area              determination of the value of the natural features and the boundaries of                                      Committee makes
                    -limit land disturbance,            such systems. Such areas include watercourses, waterbodies, floodplains,                                      recommendations to
                    cut & fill                          wetland areas, steep slopes, aquifer recharge areas, wildlife habitats, large                                 applicant to comply with
                                                        or unique trees and scenic views.                                                                             regulations.
                                                                                                                                                                    * PB must act within 90 days,
                                                                                                                                                                      if not Selectmen are
                                                                                                                                                                      contacted.



       Moo MM@4MMMMWM %M@M.'M'M M'M @M M M






                     erosion1sed contro                   The applicant shall submit such plans to the Board for any tract of land                                         Building inspector will
                     =Q                                   being developed or subdivided, where one or more of the following                                                review applications and at
                     1. ESC plans required                conditions are proposed:                                                                                         site for conformance with
                     preconstruction                                 a. A cumulative disturbed area exceeding 20,000 sq ft.                                                code requirements.
                     2. What size areas? ( 13)                       b. Construction of a street or road.
                     3. Outside review                               c. Disturbed critical areas.
                     agency?                              The design standards shall apply to all development projects regardless of
                     4. performance std. (80%             size and/or scope.
                     TSS)
                     5. Design stds
                     6. guidance manual (14)
                     12ermanent stormwater                Where it is determined that the additional runoff incidental to the                                              The PB has retained the
                     treatmen                             development will overload or significantly increase an existing                                                  power to require drainage
                     1. perf. stds (80% TSS,              downstream drainage facility, the Board may require the provision of                                             improvements and
                     pre-dev't runoff rates)              drainage easements or other improvements necessary to alleviate such                                             stormwater management
                     2. design stds                       problems. All drainage improvements shall be designed to accommodate                                             plans when deemed
             CN      3. guidance manual                   a 25-yr. storm event.                                                                                            necessary.
                                                     ï¿½    Drainage calculations shall be prepared in conformance w/ the document
                                                          Stormwater Management and Erosion and Sediment Control Handbook
                                                          for Urban and Developing Areas in NH prepared by RCCD.
                                                     ï¿½    Detailed design and construction stds for the installation of drainage
                                                          facilities can be found in the Public Works Specifications.
                     additional studies may
                     be required
                     chemical control               T-
                     ZONING
                     lot sizes                       0    Range from 5,000 sq. ft (commercial central area)- 2 ac. in rural area.                                          Zoning officer is appointed
                                                          These are minimum lot sizes.                                                                                     by the Selectmen to enforce
                                                                                                                                                                           provisions.
                     i-Mpervious limits              0    Ranges from 10% in rural areas to 75% in central area and waterfront
                                                          area.
                     building sethacks               0    Subdivision regulations =50'setback from wetlands.
                     surface water, wetlands              shoreland district-- 100- 150' from surface waters.












                    ag-riculture relate                 Permitted agricultural use in the Shoreland District: Agriculture that such
                    -erosion/sed consv., run-           uses will not cause increases in surface or ground water contamination by
                    off                                 pesticides, fertilizers or will not cause or contribute to substantial soil
                    -control/mgt. of                    erosion and stream sedimentation. No clear cutting of natural vegetation
                    nutrients, pesticides,              within the vegetated buffer shall be permitted. All pesticide applications
                    state BMP manual                    shall be conducted in strict accordance with the requirements in N.H.
                    referenced?                         RSA. 430: 28.
                    Septic Systems                      The PB has reserved the right to have its designated agent inspect the              Planning Board             Currently, Exeter does not
                                                        installation of public water and sewer systems. PB has retained the power                                      have a monitoring
                                                        to require following studies when deemed necessary: a hydrogeologic                                            program for on-site septic
                                                        study, a sewer and water availability study, and an environmental impact                                       systems. When problems
                                                        study                                                                                                          are detected the matter is
                                                                                                                                                                       handled by the town's
                                                                                                                                                                       code enforcement officer
                                                                                                                                                                       and in some cases the
                                                                                                                                                                       Health Officer. Most
                                                                                                                                                                       instances of septic failure
                                                                                                                                                                       have been located in close
                                                                                                                                                                       proximity to streams and
                                                                                                                                                                       water bodies.
                    setbacks > 75 ft.
                    from wetlands (12)             a    No subsurface wastewater disposal system from which wastewater is to
                                                        be discharged shall be constructed within 50' of any poorly drained soils
                                                        or within 75' of any very poorly drained soils.
                    from surface water             a    150,1100,
                    distance above seasonal        0    the town of Exeter, in an effort to improve water quality, makes the
                    high water table                    more stringent requirements. Two feet rather than six" of natural
                                                        permeable soil above the seasonal high water table.



      maim @-ow"*80M,M)OW M,MM,






                   review of design &              All subdivisions shall provide public sewage disposal when available or                                The Board shall reserve
                   construction applications       required by the Planning Board.                                                                        the right to have its
                                                                                                                                                          designated agent inspect
                                                                                                                                                          the installation of all
                                                                                                                                                          public sewage disposal
                                                                                                                                                          systems in accordance
                                                                                                                                                          with the State's
                                                                                                                                                          installation standards.
                   inspection of new               The PB requires that all test pit and percolation test data be verified by its
                   systems                         designated agent.
                   annual inspection           no requirements
                   operating guidelines
                   inspection, upgrade
                   required for expansion,
                   conversion
                   slope restrictions
           00      sept./sludge regulations
                   Riparian/Shoreland Areas



                 so, W so Noy am. M Mt an no, M,






                    shorelands protected:              This district is defined as all land within 300 feet horizontal distance of                                 The provisions of the Ext.
                    depth of shoreland                 the seasonal high water level of the Exeter River, Squamscott River. and                                    Shoreland Protection
                    (depends on body of                their major tributaries. In addition, the district includes all land within                                 District Ordinance shall
                    water-major tribs vs.              150'horizontal distance of the seasonal high water level of all perennial                                   be administered by the
                    perennial stream                   brooks and streams. Also part of the district are the lands within 150'                                     following:
                                                       horizontal distance of the upland extent of any tidal marsh adjacent to the                                      a. Building Inspector
                                                       Squamscott River.                                                                                                for building permits
                                                                                                                                                                        b. Planning Board
                                                                                                                                                                        for subdivision, site
                                                                                                                                                                        plan review, and
                                                                                                                                                                        conditional use
                                                                                                                                                                        approval
                                                                                                                                                                        c. Zoning Board of
                                                                                                                                                                        Adjustment for
                                                                                                                                                                        special exception
                                                                                                                                                                        approval of existing
                                                                                                                                                                        lots.
                                                                                                                                                                   Enforcement: The Code
                                                                                                                                                                   Enforcement Officer shall
                                                                                                                                                                   be responsible for the
                                                                                                                                                                   enforcement of the
                                                                                                                                                                   provisions and conditions
                                                                                                                                                                   of the Ext. Shoreland
                                                                                                                                                                   Protection District
                                                                                                                                                                   Ordinance.
                    salt storage, junk yards,          Prohibited uses include: outdoor salt storage, junk and salvage yards,
                    solid waste prohibited             disposal of solid waste.
                    land alteration requires
                    Erosion & sed, controls
                    septic setbacks >75'          0    150 feet




                 as so Mo. M so IM M So W! so M Mai no, M M)







                    Setback for primary               No building, septic system, or septic system leaching field shall be                                       Alteration of the land or
                    structures                        constructed on or moved to a site within 150 feet from the shoreline of                                    the vegetative. buffer
                                                      the Exeter River, the shore line of the Squamscott River, or their major                                   within the district is
                                                      tributaries as herein defined or within 100 feet from the shoreline of                                     permitted under certain
                                                      perennial brooks and streams located within the Exeter Shoreland                                           circumstances.
                                                      Protection District.
                    vegetated buffer-depth            Alteration of natural vegetation or managed woodland within 75 feet of
                                                      the shoreline of the Exeter river, Squamscott River or their major
                                                      tributaries shall be permitted only to the extent necessitated by a
                                                      permitted or conditionally permitted use'
                    50 % tree cutting limit           Partial cutting of trees is limited to 30 % of the preharvest basal area for
                                                      all live trees measuring six" diameter, breast height (4.5' above ground
                                                      level) or greater.
                    impervious limits                 Lots within the district can't have more than 20% of the lot covered by
                                                      impervious surfaces.
                    non-sewered lot size
                    agriculture exemption
                    requires BMP
                    Gravel Excavation
                    erosion & sed controls       Yes                                                                                                             Excavation operations
                                                                                                                                                                 may be permitted only
                                                                                                                                                                 upon authorization by the
                                                                                                                                                                 Board of Adjustment by
                                                                                                                                                                 Special Exception
                                                                                                                                                                 providing regulations are
                                                                                                                                                                 met in addition to sec 5.20
                                                                                                                                                                 of the Exeter Zoning
                                                                                                                                                                 Manual.
                    exposure limit/phasing
                    requirements

                    reclamation                                                                                                                                  Planning Board must
                    requirements                                                                                                                                 approve of reclamation
                                                                                                                                                                 plans













                    equip. main restricted

                    permit time                   Two years                                                                                                        Planning Board must
                                                                                                                                                                   approve amount and
                                                                                                                                                                   duration of performance
                    Wetland Protection                                                                                                                             bond.
                    Septic systems (12)
                    buffer protection/                No subsurface wastewater disposal system from which wastewater is to
                    building setback (12)             be discharged shall be constructed within 50 feet of any poorly drained
                                                      soils or within 75 feet of any very poorly drained soils.
                    Roads, Parking Lots
                    Aquifer/ Groundwater Protection
                    overlay district              0   provisions must be made to protect against toxic or hazardous mat.
                                                      discharge through the use of spill control provisions, secured storage
                                                      areas, indoor storage provisions and the use of closed vapor recovery
                                                      systems.
                    impervious limits             0   Within the Aquifer Protection District no more than ten percent (10%) of                                     The ordinances gives the
                                                      a single lot may be rendered impervious to groundwater infiltration.                                         PB the power to require a
                                                                                                                                                                   hydrogeologic study in
                                                                                                                                                                   some circumstances.
                    land use restrictions         0   Within the district, septic systems must be installed by a sanitary engineer
                                                      licensed in NH. The town's construction and installation standards are
                                                      more stringent than the state's requirements.
                                                  0   Prohibited uses include: snow dumps, animal feedlots, automotive service
                                                      and repair shops, sand and gravel excavation and other mining within 3'
                                                      vertical of the seasonal high water table.
                    larger lots                   0   Sec 9.20 For lots not connected to the municipal sewer system, the min7-F                             j
                                                      lot size shall be three acres.














                                                           APPENDIX III-B


                           FOCUSED INTERVIEW QUESTIONNAIRE: PLANNING BOARD CHAIRMEN



                               Town                           Body                           Date


                                       location                              Code




                       Name:


                       Address:
                                      Street/PO 4            City            State          Zip Code

                       Telephone:

                       Decisionmaking body:                                  Role:

                       Occupation:                           Employer:
                       Your expertise:


                              Questions will be asked throughout the interview to better understand what your role as a
                       decisionmaker is and how your local community uses their polices and regulations to address
                       nonpoint sources of pollution in the watershed. The interview will be recorded but if at any time
                       you want to pause, ask a question, or turn the tape recorder off let me know. The recorder will
                       be used only for my note taking. The interview will be completely confidential.
                              For the purposes of this project we are defining nonpoint source pollution as pollution
                       which originates from water flowing over land and transporting pathogens, nutrients, and
                       particulate matter into bodies of water. Nonpoint source pollution usually originates from
                       diffuse sources in a watershed. Best Management Practices are an alternative way of using and
                       managing resources to reduce or minimize potential sources of pollution and its use.


                       1. How long have you been participating as a planning board chairman?



                       2. How was it that you became interested in serving in this capacity?


                        Explain your involvement and the responsibilities you have fulfilled:

                       3. What is the role of the chair of the Planning Board?


                                                                    32











                        4. What is the process of hearing an application for a subdivision or site plan review?
                        What documents need to be submitted to the Board





                        5. Before an applicant can proceed to build does the Health Code Enforcement Officer and
                        Building Inspector visit the site or is approval granted on the basis of the design standards? Is
                        verification done prior to building?



                        6. If building is taking place near a body of water or a wetland what actions take place?



                        7. Are subdivisions and site plan reviews usually granted relatively easily? For those which are
                        not granted what was usually the reason why?



                        8. After the PB makes a decision is it subject to review by the ZBA or selectmen or is it the final
                        decision?




                        9. How are decisions made? (by mutual consensus, majority rule, unanimous vote)




                        Issues which are addressed by the decisionmaker;

                        10. Are you aware of any types of nonpoint source pollution such as runoff from croplands,
                        septic system waste, runoff from livestock farms, timber harvesting, etc. occurring in your town?





                        11. In your opinion, what is the largest source of nonpoint source pollution? What leads you to
                        believe this is the case?




                        12. Spring runoff draining from manure in livestock farms can increase E. coli bacteria and
                        nitrate counts. (E. coli is an indicator for pathogenic bacteria in water.) To your knowledge are
                        their in place to control this type of pollution? Are their other methods being used?



                                                                       33














                         Regulations/Policies:

                         13. In your opinion, when reviewing an application for a subdivision or site plan review which
                         regulations either town or state do you feel are the most effective at reducing nonpoint source
                         pollution? What makes these regulations/policies more effective compared to others?



                         14. For what specific nonpoint source issues have local policies been made more stringent than
                         the state standards? Would you be willing to discuss an example?





                         15. Exeter has a 300' buffer setback regulation from major rivers. This is much larger than
                         other town and the state minimum of 75' how did this come about? Do you feel this is a good
                         decision?



                         Implementation:

                         16. What is the process for decisions/regulations you make to become implemented?



                         17. Since the Exeter River is used as a drinking water supply what actions have been made to
                         implement Best Management Practices to minimize runoff coming from livestock and cropland
                         farms?




                         Monito


                         18. Who monitors the decisions of the PB and how frequently does this occur? Is the Building
                         Inspector required to check the work afterward and report back?




                         19. How are old septic systems monitored? Are there any pamphlets being given out to inform
                         people how to manage their septic properly?



                         20. If a resource issue arises before the board which you feel strongly about protecting how can
                         you influence an outcome in your favor?



                                                                        34












                       2 1. How do you interact with the selectmen, ZBA and HCO and Rockingham Country
                       Conservation District?



                       22. How often are recommendations made by the Conservation Commission related to nonpoint
                       source pollution incorporated into final decisions made by your decision making body?
                       What would have to happen to have the Conservation Commissions recommendations
                       incorporated?





                       23. Overall, how would you rate the process your decision making body uses in making,
                       implementing, enforcing and monitoring regulations? Rate the effectiveness of the
                            decisionmaking body on a scale of 1-6.






                       Thank you for your time. The results will be made available to the NH Office of State Planning.




























                                                                    35













                                                         APPENDIX III-C



                                     INTERVIEW SHEET: AGRICULTURAL LANDOWNERS


                       Location of site:                              Acreage of farm:


                       Owner/Landowner:                               Date:
                       Polygon number:                                Type of farm:

                       1. How long has the farm been under your operation?



                       2. What types of crops do you grow?


                              a. How long have theses crops grown on your land?





                       3. What types of livestock are you raising on this farm?





                       4. Where is the feed lot in relationship to drainage ways?




                              a. Are there berms/ wetlands between the feedlot and the stream?





                       5. How do you handle manure which accumulates on your property?




                              a. How is livestock waste stored during the winter or when it's not in use?







                                                                  36










                       6. Have you experienced periods of flooding this spring? Do spring floods produce visual
                          changes in the terrain?


                       7. What types of fertilizers and pesticides are you currently using?


                               a. Frequency and time of year for fertilizer(s) applicktion:




                       8. Where is the location of fields sprayed with fertilizers/pesticides in relationship to the stream?




                       9. Are any of the following Best Management Practices (BMPs) being used on your farm?

                       BMP                                                   Aware Using Not Using N/A
                       1.  Control access of livestock to water bodies
                       2. Control runoff from barnyards and feedlots
                       3.  Manage pastures to reduce concentrations of
                           manure
                       4.  Composting of manure
                       5.  Store manure in constructed facilities during
                           periods when land application is not suitable.
                           (e.g. on frozen ground)
                       6.  Use soil tests to determine background levels
                           of nutrients and soil pH.
                       7.  Keep fertilizer and manure application
                           records and crop yield records to determine
                           proper manure and fertilizer rates.
                       8.  Crop rotation ( to make efficient use of
                           Nitrogen)
                       9.  Maintain filter strips next to surface waters
                           receiving runoff from crop fields where
                           manure is applied. (buffer strips)
                       10. Conservation tillage
                       11. Other


                       10. Why did you first begin using BMPs?


                       11. In your opinion, do you feel that land conservation practices have or will allow your land to
                       become more productive? Or are BMPs more costly than beneficial?


                               a. Do you encourage other farmers in town to use BMPs?


                                                                     37










                        12. How do you work with the Rockingham County Conservation District (RCCD), United
                        States Natural Resources Conservation Services (USNRCS), the Department of Environmental
                        Services (DES) or Office of State Planning (OSP) to receive technical assistance for
                        implementing farming practices?

                               a. How frequently have you asked for the assistance of one of these agencies? Was the
                               advise useM?





                        13. Are there portions of your property where livestock have direct access to Great Brook or
                        another creek?




                        14. Are you concerned with animal waste affecting the water quality of this stream?




                        15. Have you undertaken any management practices to reduce animal wastes or sediment
                        runoff? Did you receive any technical assistance or incentives to do this. If not what would be
                        needed to carry out these change?


                        Practices                                                          Yes         No
                        1. Installation of a wetland or retention pond to clean manure on
                        site
                        2. Planting vegetation around the stream to absorb nutrients


                        16. During the year do you experience any soil erosion problems immediately adjacent to the
                        stream?



                        17. What State or town regulations do you routinely deal with?



                        QUESTIONS SPECIFIC TO DAN BODWELL'S LAND SEPTAGE APPLICATION FARM


                        1. How many tons of septage/acre is applied to your land?




                        2. How often to you apply septic waste to your land?



                                                                    38











                        3. Is the septage applied in the same location every time or do you rotate locations?



                        4. Do you know where the septage waste comes from that you apply on your land?



                        5. Do you accept waste from outside of E. Kingston?



                        6. What type of crops are growing on land which has been used for septage application?



                        7. Do these crops (or certain types) grow better in areas where septage has been applied?



                        8. Does septage waste produce greater crop yields than manure application?



                        9. Initially, why did you begin a septage application facility? Are you satisfied with its results?



                        10. What type of assistance do you receive from the United States Environmental Protection
                        Agency (USEPA), New Hampshire Department of Environmental Services (NHDES) to
                        implement this project?




                        11. Has the EPA or DES taken surface and ground water samples on-site?



                        12. Were water samples taken before the installation of the wetland lagoons to compare water
                        quality changes before and after septage application?









                                                                     39














                                          APPENDIX 111-D





                      THE EXETER RIVER NONPOINT SOURCE POLLUTION POLICY
                                     IMPLEMENTATION AUDIT


                        The University of New Hampshire: Department of Natural Resources



                It is our intent that this survey be answered by current Planning Board members. Please read
                through each question and mark an X on the line which represents your choice. If your choice is
                not listed please write it in under the OTHER option.

                1. In what town do you contribute as a decision maker?
                Check one:
                      a. EAST KINGSTON
                        KENSINGTON
                -c.EXETER


                2. On which of the following decision making bodies are you a member?
                Check all groups you serve on:
                      a. PLANNING BOARD
                      b. BOARD OF ADJUSTMENTS
                -----c. SELECTMAN
                -d. CONSERVATION COMMISSION
                      e. HEALTH OFFICER
                -f.     OTHER (PLEASE SPECIFY)

                3. Below is a list of possible sources of nonpoint source pollution. For each source please check
                the response category which, in your opinion, best describes the degree the sources affect the
                Exeter River Watershed.


                      Sediments due to erosion:
                        a.       - b.                                d.            e.
                  DOES NOT      SLIGHTLY     MODERATELY     MOSTSTRONGLY      UNSURE
                    AFFECT      AFFECTS        AFFECTS          AFFECTS


                      Runoff from cropland:
                        a.           b.             C.               d.            e.
                  DOES NOT      SLIGHTLY     MODERATELY     MOSTSTRONGLY      UNSURE
                    AFFECT      AFFECTS        AFFECTS          AFFECTS







                                                40











                               Household septic systems:
                                     a.        - b.                       C.                      d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              @AFFECTS               AFFECTS


                               Household lawn and garden chemicals:
                               -_ a.           - b.                       C.                      d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              AFFECTS                AFFECTS


                               Home auto maintenance (cars, boats, etc.):
                           - a.                - b.                 -C.                           d.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              AFFECTS                AFFECTS


                               Runoff from livestock operations:
                                     a.              b.             _c.                           d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS--- - -       AFFECTS-               AFFECTS

                               Timber Harvesting (e.g. erosion and runoff due to operations):
                                     a.        - b.                 ____c-                        d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              AFFECTS                AFFECTS


                               Stormwater drainage:
                                     a.              b.             -C.                           d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           --AFFECT           AFFECTS              AFFECTS                AFFECTS

                               Runoff from urban areas:
                                     a.        - b.                       C.                      d.                 e.
                           DOES NOT           SLIGHTLY            ODERATELY           MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              AFFECTS                AFFECTS


                               Highway Maintenance Practices:
                                     a.              b.                   C.                      d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              AFFECTS                AFFECTS


                               Erosion at Construction sites:
                           - a.                -     b.             -C.                           d.                 e.
                           DOES NOT           SLIGHTLY          MODERATELY            MOSTSTRONGLY            UNSURE
                           AFFECT             AFFECTS              AFFECTS                AFFECTS






                                                                    41









                          Parking lots and paved areas:
                             a.       - b.             -c.                     d.              e.
                     DOES NOT        SLIGHTLY       MODERATELY       MOSTSTRONGLY        UNSURE
                      AFFECT         AFFECTS          AFFECTS            AFFECTS


                          Landfills/ Solidwaste disposal facilities:
                             a.            b.                C.                d.              e.
                     DOESNOT         SLIGHTLY       MODERATELY       MOSTSTRONGLY        UNSURE
                      AFFECT         AFFECTS          AFFECTS            AFFECTS


                          Leaking underground storage tanks:
                              a.      -    b.          -C.                     d.              e.
                     DOESNOT         SLIGHTLY       MODERATELY       MOSTSTRONGLY        UNSURE
                      AFFECT         AFFECTS          AFFECTS            AFFECTS


                          Other (please specify)
                     - a.                  b                 C.                d.              e.
                     DOESNOT         SLIGHTLY       MODERATELY       MOSTSTRONGLY        UNSURE
                      AFFECT         AFFECTS          AFFECTS            AFFECTS



                   4. In your opinion, which of the above sources of nonpoint pollution are the most significant
                   problems in your local area?


                   5. In general, do you think nonpoint pollution is a serious problem, somewhat of a problem, or
                   not a problem in your town?
                   check one:
                          a. NOT A PROBLEM
                          b. SOMEWHAT OF A PROBLEM
                   -c. SERIOUS PROBLEM
                   -d.UNSURE

                   6. To your knowledge has anyone evaluated the policies/regulations related to nonpoint source
                   pollution in your town within the last five years?
                   check one:
                          a. YES
                          b. NO
                          c. UNSURE


                         6b. To your knowledge, what was the purpose of the evaluation?


                         6c. Please indicate the government agency that was responsible for the evaluation and
                         when it took place?






                                                       42









                     7. In your opinion, how effective are the existing land use regulations in your town for
                     preventing nonpoint source pollution?
                     circle one choice:
                     EXTREMELY INEFFECTIVE...      1     2    3    4     5     6 EXTREMELY EFFECTIVE






                     8. In your opinion, which of the land use policies/regulations do you believe are the most
                     effective to minimize nonpoint source pollution in your town?



                     9. In your opinion, have any of the following helped policies/regulations in your town work
                     more effectively?
                     check those which apply:
                             a. MONITORING
                             -b. ENFORCEMENT
                                ADEQUATE FINANCIAL RESOURCES
                             d. SUFFICIENT HUMAN RESOURCES
                             e. PUBLIC INTEREST
                     -f ISSUE ISN'T A PROBLEM IN OUR TOWN
                     -g. POLICY MATCHES THE PROBLEM
                             h. UNSURE
                                POLICIES/REGULATIONS HAVE REACHED THOSE AFFECTED
                     -k.        OTHER (PLEASE SPECIFY)

                     10. The state minimum requirement for septic system setbacks from a river are 75 feet. If your
                     town has a setback requirement of 100 feet or greater please explain how it became evident that a
                     greater setback was needed?





                             I Ob. If your town does have a septic system setback greater than 75 feet, did the increase
                             in distance improve the regulation, not affect the regulation, decrease the effectiveness
                             of the regulation?
                             Please check one:
                                    a. IMPROVE THE REGULATION
                             -b. NOT AFFECT THE REGULATION
                             -c. DECREASE THE EFFECTIVENESS OF THE REGULATION
                                    d. UNSURE
                                    e. OTHER (PLEASE.SPECIFY)



                             I Oc. In your opinion, if septic systems are setback from a river 100 ft and nutrients and
                             bacteria are still leaking into the river what are the best courses of action to take?




                                                              43












                 A Best Management Practice (BMP) is an alternative way of using and managing resources to
                 reduce and minimize pollution and impact on the natural resource base. For BMPs to work
                 effectively usually requires at a minimum a) new information to individuals and b) resources and
                 incentives to carry them out.

                 -------------------------------------------------------------------------------------------------------------------


                 11. Below is a list of BMPs which can be used to minimize potential sources of nonpoint
                 pollution.
                 Please check those currently in place in your town and indicate if they seem to be ineffective or
                 effective.
                 BMP                                      Currently Unsure Ineffective Effective
                                                          in use
                 SEPTIC SYSTEMS
                 a)    KNOW THE LOCATION OF YOUR TANK
                    AND LEACHING AREA.
                 b)    INSPECT YOUR SEPTIC TANK YEARLY
                 C)    DO NOT FLUSH TOXIC MATERIALS
                    SUCH AS PAINT THINNER, PESTICIDES OR
                    CHLORINE INTO YOUR SYSTEM SINCE
                    THEY KILL THE NECESSARY BACTERIA IN
                    THE TANK.
                 d)    AVOID COLORED TOILET PAPER; IT
                    DOES NOT BREAK DOWN IN THE TANK AS
                    RAPIDLY AS WHITE PAPER.
                 ROAD CONSTRUCTION AND MAINTENANCE
                 a)    MINIMIZE OR AVOID CONSTRUCTING
                    ROADS NEAR SENSITIVE AREAS SUCH AS
                    WETLANDS, LAKES, OR RIVERS.
                 b)    MINIMIZE THE AMOUNT OF BARE SOIL
                    EXPOSED BY SCHEDULING PHASES OF
                    CONSTRUCTION AND STABILIZATION.
                 C)    USE THE STORMWATER
                    MANAGEMENT AND EROSION AND
                    SEDIMENT CONTROL HANDBOOK FOR
                    UR13AN AND DEVELOPING AREAS IN NEW
                    HAMPSHIRE.
                 d)    STABILIZE AND PROTECT
                    CONSTRUCTION AREAS WITH SEEDING,
                    MULCHING,,ETC. AS SOON AS POSSIBLE.
                 AGRICULTURAL USE
                 a)    CONTROL ACCESS OF LIVESTOCK TO
                    WATER BODIES
                 b)    MAINTAIN BUFFER STRIPS BETWEEN
                    AGRICULTURAL FIELDS AND SURFACE
                    WATERS




                                                    44









                 C)    INTEGRATED PEST MANAGEMENT AND
                    REDUCED APPLICATIONS OF CHEMICAL
                 d)    AVOID APPLICATION OF MANURE ON
                    FROZEN GROUND
                 GRAVEL OPERATIONS
                 a) INVESTIGATE PROPOSED PIT AREAS AS
                    PART OF PLANNING.
                 b) MAINTAIN AN ADEQUATE DEPTH OF
                    UNEXCAVATED MATERIAL ABOVE THE
                    SEASONAL HIGH WATER TABLE, AS A
                    FILTER.
                 C) PROVIDE BUFFER STRIPS OF NATURAL
                    VEGETATION BETWEEN THE PIT AND THE
                    SURFACE WATER, WETLANDS, PUBLIC
                    ROADS, AND PROPERTY LINES.
                 BMP`                                      Currently Unsure Ineffective Effective
                                                           in use
                 SITE EXCAVATION AND DEVELOPMENT
                 a) USE MUNICIPAL QUALITY MANAGEMENT
                    BY PROFESSIONAL PLAN REVIEW AND
                    DETAILED FIELD CHECKING OF
                    CONTRACTOR'S ONSITE INSPECTION,
                    TESTING, AND MONITORING.
                 b) PROVIDE IMMEDIATE EROSION
                    PROTECTION, SUCH AS MATTING FOR ALL
                    CONCENTRATED FLOW AREAS.
                 c) CONSIDER RETENTION BASINS WITH
                    CONSTRUCTED WETLANDS TO IMPROVE
                    WATER QUALITY WHERE DETENTION IS
                    REQUIRED.
                 d) PROVIDE POLLUTANT CONTROL BY
                    PROFESSIONAL PLANNING, DESIGN,
                    CONSTRUCTION, AND IMPLEMENTATION
                    OF BMPs.



                 12. In your opinion, which of the BMPs listed in question 11, need alteration to make them more
                 effective?



                       12b. If you feel changes are needed, what would you recommend?










                                                   45









                         13. Currently there are no regulations that require livestock to be kept from walking through
                         rivers which directly serve as a drinking water supply. In your opinion, do you feel that a
                         regulation requiring cattle to be kept back a certain distance from the water would be useful
                         enough for you to support it?
                         check one:
                                 a. YES
                                    NO
                         -c. UNSURE


                                 13b. If you would or would not support this type of a regulation please state why.





                         14. To your knowledge are there farmers who have voluntarily adopted the use of buffer strips
                         when their land abuts a body of water?
                         check one:
                                 a. YES
                                 b. NO
                                 c. UNSURE



                         15. In your opinion, are the most effective way(s) to ensure the use of Best Management
                         Practices?
                         check those which are the most effective:
                         _-___a. PROVIDE TRAINING OR TECHNICAL ASSISTANCE
                                 b. PEOPLE DO THEM VOLUNTARILY
                                 c. REGULATE BMPs
                                 d. PROVIDE INCENTIVES
                                 e. OTHER (PLEASE SPECIFY)
                                 f. UNSURE



                         16. In your opinion, what is the best approach for reducing nonpoint source pollution in your
                         town?
                         check one:
                                 ,a. POLICIES/REGULATIONS
                                 b. BEST MANAGEMENT PRACTICES (BMPs)
                                 c. A COMBINATION OF POLICIES/REGs AND BMPs
                                 d. OTHER (PLEASE SPECIFY)

                         Why?










                                                                        46









                    Questions which were asked only to Planning Board Members


                    17. Below is a list of possible barriers and constraints when monitoring for compliance with
                    regulations. Out of a scale of 1-6, 1 indicates the least of a barrier and 6 is the greatest barrier.
                    Please circle the numerical value which is appropriate:
                    a. lack of personnel to monitor:
                    LEAST BARRIER ...  1     2      3      4     5     6  ... GREATEST BARRIER


                    b. insufficient funding to do effective monitoring:
                    LEAST BARRIER ...  1     2      3      4     5     6  ... GREATEST BARRIER


                    c. existing regulations are not aiding in monitoring process:
                    LEAST BARRIER ...  1     2      3      4     5     6  ... GREATEST BARRIER


                    d. inadequate communication between decision making bodies:
                    LEAST BARRIER ...  1     2      3      4     5,    6  ... GREATEST BARRIER


                    e. difficulty in locating proposed sites/areas once they are completed:
                    LEAST BARRIER ...  1     2      3      4     5     6  ... GREATEST BARRIER



                    18. What tools do you use to enforce the regulations/ policies related to nonpoint source
                    pollution in your town?
                    Check all means currently being use&
                          a. FINES
                          b. WRITTEN NOTICE OF VIOLATION
                          c. VERBAL NOTIFICATION OF VIOLATION
                          d. UTILIZATION OF PERFORMANCE BONDS
                    -e. LEGAL ACTION
                          f. REPORT THE INCIDENT TO DEPARTMENT OF ENVIRONMENTAL
                             I PROTECTION (DES)
                            OTHER (PLEASE SPECIFY)


                    19. Overall, bow would you rate your town's regulations and Best Management Practices in
                    controlling nonpoint source pollution?
                    Circle one number:
                    EX TREMELY INEFFECTIVE ... 1 2 3 4 5           6 .. EXTREMELY EFFECTIVELY



                    20. What has been the duration of time you have served on the Planning Board?
                    check one:
                    -a. 0 --- I MONTH
                          b. I MONTH   --- 6 MONTHS
                          c. 6 MONTHS  --- I YEAR
                          d. I YEAR---- 3 YEARS
                          e. GREATER THAN THREE YRS. (PLEASE SPECIFY)


                                                          47











                        21. When reviewing subdivision design plans who usually participates in the review process?
                        Please, check those involvedfrom the list below.
                        OFFICIAL                                                        INVOLVEDIN            UNSURE
                        a. PLANNING BOARD CHAIR                                         PROCESS
                        b. PLANNING BOARD MEMBERS
                        c. HEALTH CODE ENFORCEMENT OFFICER
                        d. ENGINEER
                        e. BUILDING INSPECTOR
                        f REGIONAL PLANNING COMMISSION
                        g. CONSERVATION COMMISSION
                        h. APPLICANT
                        i. OTHER (PLEASE LIST)





                        22. In your opinion, how effective are your town's erosion and sediment controls for minimizing
                        site disturbance?
                        Circle one choice:
                        EXTREMELY INEFFECTIVE ... 1             2     3    4     5     6 EXTREMELY EFFECTIVE



                        23. While an applicant is in the construction process how often does on site inspection occur to
                        ensure erosion and sediment controls are in place and functioning?
                        check all that apply:
                                 a. ROUTINELY
                                 b. DURING MAJOR STORM EVENTS
                                 c. NOT AT ALL
                        -d. OTHER (PLEASE SPECIFY)
                                 e. UNSURE



                        24. To your knowledge what measures are taken to ensure compliance to erosion and sediment
                        controls?





                        25. In your opinion, how effectively have the subdivision regulations for erosion and sediment
                        control, septic system installation, and stormwater treatment been carried out in your town?
                        Circle one choice:
                        EXTREMELY INEFFECTIVELY 1 2 3 4                          5 6 1 EXTREMELY EFFECTIVELY






                                                                       48









                       26. How effective are subdivision and site plan review regulations for minimizing nonpoint
                       sources of pollution?
                       Circle one choice:
                       EXTREMELY INEFFECTIVE 1            2    3     4    5     6 EXTREMELY EFFECTIVE


                               26b. If you indicated 3 or less in your answer to 926 please explain why you believe
                               this is the case?





                       27. Have you encountered any problems in implementing regulations/decisions that affect
                       nonpoint source pollution?
                       check one:
                               a. YES
                               b. NO
                               c. UNSURE


                               27b. If you answered yes to question #27, please explain examples of the problems
                                  encountered?



                               27c. What suggestions would you make for the problems listed above?





                       28. In your opinion, as a Planning Board member are there any types of training sessions which
                       are currently not in place that you would like to see initiated?
                       check one:
                               a. YES
                               b. NO
                               c. UNSURE


                               28b. If you answered yes to 28 what types of training sessions would be the most
                               effective?





















                                                                   49









                    Questions which were asked only to Selectmen


                    17. Below is a list of possible barriers and constraints when monitoring for compliance with
                    regulations. Out of a scale of 1-6, 1 indicates the least of a barrier and 6 is the greatest barrier.
                    Please circle the numerical value which is appropriate:
                    a. lack of personnel to monitor:
                    LEAST BARRIER ...   1     2     3      4      5     6  ... GREATEST BARRIER


                    b. insufficient funding to do effective monitoring:
                    LEAST BARRIER ...   1     2     3      4      5     6  ... GREATEST BARRIER


                    c. existing regulations are not aiding in monitoring process:
                    LEAST BARRIER ...   1     2     3      4      5     6  ... GREATEST BARRIER


                    d. inadequate communication between decision making bodies:
                    LEAST BARRIER ...   1     2     3      4      5     6  ... GREATEST BARRIER


                    e. difficulty in locating proposed sites/areas once they are completed:
                    LEAST BARRIER ...   1     2     3      4      5     6  ... GREATEST BARRIER


                    18. What tools do you use to enforce the regulations/ policies related to nonpoint source
                    pollution in your town?
                    Check all means currently being use&
                          a. FINES
                          b. WRITTEN NOTICE OF VIOLATION
                    -c. VERBAL NOTIFICATION OF VIOLATION
                          A. UTILIZATION OF PERFORMANCE BONDS
                          e. LEGAL ACTION
                             REPORT THE INCIDENT TO DEPARTMENT OF ENVIRONMENTAL
                                PROTECTION (DES)
                          g. OTHER (PLEASE SPECIFY)


                    19. Overall, how would you rate your town's regulations and Best Management Practices in
                    controlling nonpoint source pollution?
                    Circle one number:
                    EXTREMELY INEFFECTIVE ...   1 2 3 4 5           6 EXTREMELY EFFECTIVELY



                    20. What has been the duration of time you have been a selectman?
                    Check one:
                    -a.      0 --- I MONTH
                          b. I MONTH   --- 6 MONTHS
                          c. 6 MONTHS   --- I YEAR
                    -d.      I YEAR ---- 3 YEARS
                          e. GREATER THAN 3 YEARS (PLEASE SPECIFY)



                                                          50











                   2 1. In your opinion, how easy is it to monitor nonpoint source regulations to determine if they
                   are working appropriately?
                   Circle one:
                   EXTREMELY DIFFICULT 1        2   3     4     5     6    EXTREMELY EASY



                   22. How often have you been notified of a nonpoint source violation by a Conservation
                   Commissioner?
                   Check one:
                         &REGULARLY
                         b. ALMOST NEVER
                   -c. ONCE INA WHILE
                            OTHER (PLEASE SPECIFY)
                   ------e. UNSURE



                   23. What types of monitoring devices are currently being used in your town to evaluate how
                   policies and regulations are operating?
                   check all that apply:
                   -a. HEALTH CODE ENFORCEMENT OFFICER
                   -b. QUALIFIED SPECIALIST
                         c. RECORD OF PERMITS GRANTED
                   -d. NUMBER OF PERFORMANCE BONDS COLLECTED
                   ----.e. NUMBER OF FINES LEVIED
                         f. OTHER (PLEASE SPECIFY)


                   24. To your knowledge how frequently does monitoring of riparian lands (e.g. land adjacent to a
                   river) occur?
                   check one:
                         a. ANNUALLY OR LESS OFTEN
                         b. ONLY IF A PROBLEM IS SUSPECTED
                   -c. ROUTINELY
                   -d. FOLLOWING CORRECTIVE ACTION
                         e. OTHER (PLEASE SPECIFY)
                         f. UNSURE



                   25. To your knowledge, if you need additional resources or expertise how do you obtain these
                   types of resources?
                   check all that apply.-
                   -a. APPLY FOR STATE OR FEDERAL GRANTS
                   -b. ROCKINGHAM PLANNING COMMISSION
                         c. USE OF VOLUNTEER HELP
                   -d. OTHER (PLEASE SPECIFY)




                                                       51









              26. Overall, how would you rate the process your desision making body uses in making,
              implementing, enforcing, and monitoring regulations which apply to nonpoint source pollution?
              Circle one:
              EXTREMELY INEFFECTIVE 1 23 4  5 6 EXTREMELY EFFECTIVELY




              Questions which were asked only to Conservation Commissioners


              17. How long have you have served on the Conservation Commission?
              Check one:
              -a.   0 --- I MONTH
              ----:b. I MONTH --- 6 MONTHS
                   C. 6 MONTHS --- I YEAR
              -d.   I YEAR ---- 3 YEARS
              -    e. OVER 3 YEARS (PLEASE SPECIFY)


              18. To your knowledge approximately how often are stormwater drains inspected and cleaned?
              please check one:
                   a. ONCE EVERY SIX MONTHS OR LESS
              ----b. ONCE EVERY YEAR
                   c. ONCE EVERY TWO YEARS
                   d. WHEN A PROBLEM ARISES
              -    e. OTHER (PLEASE SPECIFY)
                   f. UNSURE



              19. To your knowledge, under what conditions are crop and livestock farms visited by a
              Conservation Commissioner?
              check all that apply:
              -a. AFTER A PUBLIC COMPLIANT
                   b. IF THE FARM IS APPLYING SLUDGE
              -c. IN THE SPRING TO MONITOR EROSION
                   d. TO CHECK IF BEST MANAGEMENT PRACTICES ARE IN PLACE
              -e. OTHER (PLEASE SPECIFY)
                   f. NONE OF THE ABOVE



              20. To your knowledge, approximately how often does inspection and maintenance of existing
              septic systems occur in your town?
              please check one:
              -a.   ONCE EVERY SIX MONT14S OR LESS
              -b. ONCE EVERY YEAR
              -C. ONCE EVERY TWO YEARS
                    WHEN A PROBLEM ARISES
              -e.   OTHER (PLEASE SPECIFY)
              -f.   UNSURE


                                        52











                       21. To your knowledge, if a Conservation Commissioner is aware that a landowner suspects
                       his/her septic system is not operating properly what actions are taken?
                       Check one:
                               a. NOTIFY THE HEALTH CODE ENFORCEMENT OFFICER
                       -b. THE LANDOWNER SHOULD SUPPORT THE COST TO FIX THE SYSTEM
                       -c- THE STATE SHOULD PROVIDE ASSISTANCE TO FIX THE SYSTEM
                               d. THE TOWN SHOULD PROVIDE ASSISTANCE TO FIX THE-SYSTEM
                               e. DO NOT CHECK THE SYSTEM AT ALL AND IT WILL FIX ITSELF
                       -       f. OTHER (PLEASE SPECIFY)


                       22. In your opinion, if it becomes evident that many septic systems aren't operating properly in
                       the town what is the best course of action to take?
                       Check one:
                               a. YEARLY INSPECTION OF ALL SEPTICS BY THE TOWN OR STATE
                               b. INSTALLATION OF SEWER LINES TO INDIVIDUALS CURRENTLY ON
                                  SEPTIC SYSTEMS
                                  STATE/ TOWN DECIDES WHICH SYSTEMS MUST BE FIXED BUT
                                  PROVIDES A PERCENTAGE OF THE MONEY TO FIX THE SYSTEM
                               d. LET THE SYSTEMS FAIL 13ECAUSE IT IS TOO COSTLY AND TIME
                                  CONSUMING TO REMEDIATE THE PROBLEM
                               e. DETERMINATION IF SEPTIC SYSTEMS ARE LOCATED WHERE THEY
                                  WERE INTENDED TO BE
                       -f REQUIRE ANNUAL PUMPING OF SEPTIC SYSTEMS


                       23. In your opinion, when a recommendation is made to the Planning Board or the Selectmen's
                       Board is it usually the case that your decision incorporated into their final decision?
                       Check one:
                       -a. ALMOST NEVER
                               b. ALMOST ALWAYS
                               c.FREQUENTLY
                       -d.UNSURE
                       -e. OTHER (PLEASE SPECIFY)


                       24. In your town what has been the most effective way for the Conservation Commission to
                       protect/ manage natural resources?
                       -----a. EDUCATE THE PUBLIC ABOUT THEIR IMPORTANCE
                       ---b. SUGGEST NEW REGULATIONS TO MANAGE THEIR USE
                               c. WORK WITH THE DES AND CONSERVATION DISTRICT ON RESOURCE
                                  ISSUES
                               d. RELY ON THE USE OF EXPERTS IN THE FIELD
                       -e. WORK CLOSELY WITH THE PLANNING BOARD AND BOARD OF
                                  SELECTMEN
                       -f.        OTHER (PLEASE SPECIFY)



                                                                    53









                      25. To your knowledge has land which is vulnerable to nonpoint source pollution in your town
                      been acquired for protection?
                              a. YES
                              b. NO



                      26. In your opinion, has the use of buffer zones around sensitive resource areas helped
                      minimize the effects of pollution in your town?
                              a. YES
                              b. NO


                              26b. If you indicated yes to 426 please state why.


                              26c. In your opinion, if buffer zones were increased to greater distances would this
                              change their effectiveness?




                      27. Overall, how would you rate the Conservation Commission's practices in preventing and
                      addressing nonpoint source pollution?
                      Circle one:
                      EXTREMELY INEFFECTIVE 1 2             3 4      5 6 EXTREMELY EFFECTIVE



                      28. If you could add anything to the role of a Conservation Commissioner to make it more
                      effective what would it be?
                              a. BETTER ACCESS TO RESOURCE MANAGEMENT EXPERTISE
                      -b. INCREASE IN FUNDING
                              c. MORE AUTHORITY IN FORMING AND IMPLEMENTING REGULATIONS
                              d. NOTHING NEEDS TO BE CHANGED
                      -e. OTHER (PLEASE SPECIFY)




                      In this section, we would like to ask you some questions about your background. This
                      information will help in comparing your answers to those of other people. All of your
                      answers are strictly confidential.



                      29. Do you live in the same town where you serve in a decision making capacity?
                      check one:
                                YES
                                NO


                      30. Do you own property adjacent to the Exeter River or one of its tributaries?
                      Check one:
                              a. YES
                              -b. NO



                                                                54










                  3 1. What is your age category (circle one set):
                  -a. 15-19              -e. 50-59
                  -b. 20-29              -f 60-69
                  -c. 30-39                     g. 70 +
                        d. 40-49



                  32. How do you use the Exeter River or its tributaries? Check as many as apply:
                  -a. DRINKING WATER                    RECREATIONAL BOATING
                  -b. CAMPING                           SWIMMING
                        c. FISHING/HUNTING            g. OTHER (PLEASE SPECIFY)
                        d. BIRD WATCHING




                  33. Are you : check one:
                        a. FEMALE
                  -b. MALE



                  34. What is your primary occupation?
                  -a. HOMEMAKER                -h. PROFESSION
                        b. TRADE               -i.      STUDENT
                  -c. MANAGERIAL                        AGRICULTURIST
                         .SCIENTIST            -k.      RETAIL/BUSINESS
                        e. EDUCATOR            -1.      MANUFACTURING
                  _--j.   PUBLIC OFFICIAL               OTHER (PLEASE SPECIFY)
                  -g.     SERVICE

                  35. Please indicate your highest level of education.
                  Check one:
                        a SOME HIGH SCHOOL
                        b. HIGH SCHOOL DIPLOMA
                  -c.     SOME COLLEGE
                        d. BACHELORS DEGREE
                        e. MASTERS DEGREE
                        f. PH.D., ED, OR EQUIVALENT
                          POSTGRADUATE PROFESSIONAL DEGREE



                                         ADDITIONAL COMMENTS





                  TILANK YOU FOR YOUR TIME AND RESPONSES! Please fold completed survey and
                  return by March 7, 1996 in stamped envelope to: Sara Radacsi, Department of Natural
                  Resources, 215 James Hall, Durham, NH 03824.


                                                    55










                                                                 APPENDIX III-E





                                                COMPILED PLANNING BOARD INTERVIEWS



                                  Planning Board interviews were transcribed into a table format to make
                         comparisons across responses. Responses may include additional information beyond the
                         question asked which is also pertinent to the study. Interviews were conducted over the
                         course of three weeks.



                         1. How long have you been participating as a planning board member?
                         Ext.             1-2 years
                         Ken.             1-2 years
                         E. King.        20 years

                         2. How was it that you became interested in becoming chair?
                         All positions were filled on a volunteer basis. They either appeared interesting or a
                         challenge(Kensington). Wanted his street to become listed as a public street on the maps in
                         Exeter. (Ext. chair).

                         3. What is the role of the Chair of the Planning Board?
                         As a mediator between the applicant and the Board. Drag our questions from the board.
                         Applicants make changes on application as necessary. Control meetings. Request relevant
                         people at meetings. Public is given a opportunity to speak.

                         4. What is the process of hearing an application for a subdivision or site plan review?
                         What documents need to be submitted to the Board?
                         Ken.        Process includes showing the project: lot sizes by soil, potential well and septic
                                     locations, distance from neighbors, engineering review.
                         E. Kin      Showing maps and plats at a preliminary meeting and having a public hearing at the
                                     second meeting.
                         Exe.        Applicant goes through a checklist of items to comply with in the subdivision
                                     regulations. Town planner reviews applications and schedules a meeting with the
                                     Technical Review Committee (TRQ. TRC can be composed of technical assistance.
                                      TRC makes recommendations to the applicant to meet subdivision regulations.
                                     Applicants make changes and bring them to the Planning Board (PB). PB begins an
                                     acceptance process. PB must act within 90 days. Can get an extension of another 90
                                     days if needed. If action is not taken by 90 days Selectmen can take action under the
                                     authority of State RSAs. By this time the application has met the zoning
                                     requirements also. PB makes sure of specific details to ensure application meets the
                                     intent of the regulations. Planning board's role is to gel the will of applicant and the
                                     public.






                                                                           56









                        5. Before an applicant can proceed to build does the Health Code Enforcement Officer
                        and Building Inspector visit the site or is approvalgranted on the basis of the design
                        standards?   Is verification done prior to building?
                        Ken          There is no mandatory monitoring required. The PB is never really aware of the
                                     extent of monitoring which is occurring. There is spotty checking by the Building
                                     Inspector (BI). However, the BI does not sit in on the Planning Board Meetings.
                                     The town engineer oversees regulations during construction and the code
                                     enforcement officer inspects the site after the work has been completed.
                        E. Kin       Septic systems are monitored by the BI as well as buildings. He inspects and signs
                                     permits before they go to Concord. BI does not go out to look at the site.
                                     Occasionally the PB members will go out to the site.
                        Exe.         Depending on the type of building some inspections are made. Code enforcement
                                     officer (CEO) sometimes. PB can set up a site walk if they needed to. Depends on
                                     the acreage and magnitude of the lot being subdivided, especially if it is in an
                                     unknown area. More concerned about what the applicant proposes to the Board
                                     than what is out there.





                        6. If a building is taking place near a body of water or wetland what actions take place?
                        Ken.         If building is occurring near a wetland the builders need to show setbacks from the
                                     wetland and get a permit from the State.
                        E. Kin.      A soil survey is required with a confirmed soil scientist.
                        Exe.         TRC ( chaired by Peter Dow) decided who is involved in the review process. He
                                     [Dow] can involve the Conservation Commission, RPC, County Conservation
                                     District (CCD). PB can ask questions about who has been contacted for input.
                                     Minor developments may not be requested for additional technical input.
                                    1 Application is submitted with memo of 'l`RC's changes/recommendations.




                        7. Are subdivisions and site plan reviews usually granted relatively easily? For those
                        which are not granted what was usually the reason why?
                        Ken.         Not asked question
                        E. King      Most subdivisions are passed fairly easily. For large subdivisions a traffic study is
                                     required. Only one was not done because the builders could not come up with the
                                     money and would have to start the entire application process over again from, the
                                    Ibeginning.
                        Exe.         In past six years none have been turned down. Applications are accepted after
                                     modifications are completed. Some have been withdrawn due to concerns by the
                                     abutters. Changes made in the application in the ftiture must come before the
                                     board. Applications usually go through two PB meetings before they become
                                     finalized.








                                                                       57












                      S. After the PB makes a decision is it subject to review by the ZBA or Selectmen or is that
                      the final decision?
                      Ken         The Zoning Board of Approval (ZBA) can review the application if it's not
                                  satisfied with any changes made to it. Usually the PB won't approve the
                                  application if the ZBA has denied it.
                      E. King     The PB makes the final approval. If something in application doesn't coincide with
                                  regulations they send it to the ZBA to get a variance. If they get the variance they
                                  go back to PB and set the plan up with the changes in the variance and approve it.
                      Exe.        PB makes the final decision unless application is appealed. Won't approve
                                  applications unless the zoning ordinances are all in order anyway. PB can give
                                  conditional approvals. A condition may be that the applicant get a variance or a
                                  special exception from ZBA . Once the condition is completed from the ZBA then
                                  the PB condition is fulfilled and the application can be signed and approved. No
                                  usual joint meetings with ZBA.


                      9. How are decisions made on the Board?
                      Ken         Majority rule. Seven full members need the approval of four members
                      E. King     Majority rule. Five members on the board. One member is the Selectmen rep. no
                                  alternates.
                      Exe.        Majority rule. Motion on approval, list conditions, second it, discussion, amend the
                                  conditions, amended motion and majority rules.



                      ISSUES ADDRESSED BY THE DECTSIONMAKE


                      10. Are you aware of any types of nonpoint source pollution such as runoff from croplands,
                      septic system waste, runoff from livestock farms, timber harvesting etc. occurring in your
                      town?
                      Ken.        Yes, she was aware but did not want to comment on specific locations of potential
                                  sources.
                      E. Kin      Septage disposal system in town approved by the State with grant from the Federal
                                  government. Lagoon system with series of trenches with wetlands vegetation to
                                  purify septage. Spreads sewage on fields. Bodwell put this in with the help with
                                  the County Conservation District (CCD). The U.S. Soil Service too. He is in favor
                                  of using constructed wetlands as a means of septage disposal.
                      lfx-e.      Yes, they do have them but the Master Plan gives the most complete inventory of
                                  potential sources of pollution and the known sources also. PB role is to review new
                                  applications not to review existing land uses this is the role of the Code
                                  enforcement Officer. Only if people are not compiling to past agreements or
                                 Icurrent problems. PB not the enforcers of past decisions.







                                                                 58









                        11. In your opinion, what is the largest source of nonpoint source pollution? What leads
                        you to believe this is the case?
                        Ken.         Pesticide use and household pollutants are the largest sources of pollution in
                                    I Kensington.
                        E.Kin        Septage lagoon probably is but it is also the answer to the towns septage disposal
                                     problem. Thinks this is a good idea for farmers as well as in and around large
                                     subdivisions.
                        Ex  e.       Need to check in the Master plan for the answer to this.


                        12. Spring runoff draining from manure in livestock farms can increase E. coli bacteria
                        and nitrate counts. To your knowledge are their BM[Ps in place to control this type of
                        pollution? Are there other methods being used?
                        Ken.         No comment about this.
                        E. King      Feel that fencing of cattle back from the River may not work because you would
                                     have to pay farmer's for not using that land. Solutions to overcome that problem are
                                     slim. State and federal government are working to put farmers out of business. We
                                     support farmers.
                        Exe.         Not really aware about this in Exeter. Would rely on the help of Peter Dow, CC and
                                     master Plan to make any decisions about BMPs




                        REGULATIONS/POLICIES


                        13. In your opinion, when reviewing an application for a subdivision or site plan review
                        which regulations either town or state do you feel are the most effective at reducing
                        nonpoint source pollution. What makes these regulations/policies more effective compared
                        to others?
                        Ken.         Can't really say which regulations are more effective.
                        E. Yin       State regulations are 75' from water body and E. Kingston are 100'. Feels this is
                                     more effective. E. Kingston has a minimum 2 acre building lot requirement 3/4 of
                                     that must be dry land in order to build.
                        Exe.         The more restrictive regulation applies whether state or town.


                        14. For what specific nonpoint source issues have local policies been made more stringent
                        than the state standards. How did that change come about?
                        Ken          No comment
                        E. Kin       Area in E. Kingston is so wet that the town needed the greater setback of 100' to
                                     ensure building was not taking place in wetlands. The PB is the main vehicle for
                                     this change to occur. PB decides what they want in the regulation, hold a public
                                     hearing (not good public interest), and then the PB approves the change of the reg.
                                     Good vote on issues at town meetings. Subdivision changes occur at public
                                     hearings, zoning changes need to be voted by ballot by people in town.
                        Exe.         Not really aware of the differences between local and state regulations or specific
                                     ones that are used for nonpoint source pollution only that they use the more
                                     stringent one.


                                                                       59










                        15. Exeter has a 300' buffer setback regulation from major rivers. This is much larger
                        than other towns and the state minimum requirement of 751. How did this change come
                        about? Do you feel this was a good decision? (For other towns: If there are issues which
                        you feel should be changed currently how would that regulation be changed?)
                        Ken.        Wasn't asked
                        E. King     The chair of the CC attends the PB meetings. CC has engineer who will evaluate the
                                    situation and report back to the PB. The town can also hire an engineer and the
                                    subdivider can pay for it. Subdivider must hire their own engineer in the beginning
                                    of the process. The State only hires the 2nd one if problems arise.
                                    CC hasn't asked or felt a need to change existing regulations to be more strict
                        Exe.        He doesn't know how it came about. Because they are in the Shoreland Protection
                                    District this is probably why it is 300'. Probably the PB in the past proposed an
                                    amendment to the ZBA to change it. The PB can hear requests from the public to
                                    change existing regulations, then the ZBA holds hearings on those. He guesses the
                                    PB would have originated this, not the public. Usually today the town planner or
                                    RPC will recommend changes to existing regulations to zoning ordinance, the PB
                                    reviews these and then has a town vote on these changes. Close reliance on RPC.





                        IMPLEMENTATION


                        16. What is the process for decisions/regulations made to become implemented?
                        Ken.        Once the subdivision is approved and signed, papers are processed and work can be
                                    done immediately. The PB can conditionally approve a decision. They can impose
                                    stipulations such as time limits.
                        E. Kin
                        Exe.        Once the decision is approved work can begin and there is usually a follow up report
                                    the next month to update work done.




                        17. Since the Exeter River is used as a drinking water supply what actions have been made
                        to implement Best Management Practices?
                        Ken         Not sure about BMPs in place in Kensington
                        E. Kin      Not aware of BMPs aside from setbacks being used.
                        Exe.        Is not aware about Best Management Practices going on in Exeter especially outside
                                    of the Exeter Area.













                                                                       60











                         MONITORING


                         18. Who monitors the decisions of the PB and how frequently does this occur? Is the
                         Building Inspector required to check the work after it has been completed and report back
                         to the PB?
                         Ken         The PB follows up on the time limits imposed by the applicant. Can ask for follow
                                     up by the BI. The HCO goes to the site but it appears that the BI does not go to the
                                     site after the work has been done.
                         E.Kin       The BI will not sign the Plat until he gives the approval that boundary markers are
                                     right. The BI tells the builder to make the necessary changes, he comes back a
                                     second time to determine if the changes have actually been made. It is a lot of
                                     ground to cover for the BI. These are part time voluntary positions.
                         Exe.        The BI works in planning Dept. and goes out and inspects construction for
                                     conformance with code requirements and site approval. The PB will not know what
                                     the layout of the house/facility will be. Can't change the outside walls. BI enforces
                                     by bonding requirement which must equal the site improvement cost. Bond must be
                                     complete as it was approved. When applicant completes stages of project,
                                     percentages of bond are released. Sewer impact f6e will help us know how many
                                     bathrooms are made. Too many sewers hookups will require a larger fee.


                         19. How are old septic systems monitored? Are there any pamphlets being given out to
                         inform people how to manage their septic systems properly?
                         Ken         There are currently no pamphlets being handed out to inform landowners how to
                                     properly manage their septic systems.
                         E. King     Building inspector inspects septic systems. Fifteen dollars and BI checks on septics
                                     if they are going to be upgraded. He comes and checks on the project while they are
                                     working on it. There are no BMPs that he knows the town is using. Just feels best
                                     to pump it out every two years
                         Exe.        The Water Management portion of the Master Plan and the town planner and HCO
                                   I have more of a role than PB in this issue.

                         20. If a resource issue arises before the board which you feel strongly about protecting how
                         can you influence on outcome in your favor?
                         Ken         You can make new regulations, change existing subdivision regulations through
                                     public hearings. Change zoning regulations and put them up for town vote by the
                                     people. e.g.) requiring on site testing of road material.
                         E. King     Same as Ken.
                         Exe.        Land owners have certain rights to use their land. However, you can make
                                     regulations to protect the land. Individual member of PB could determine an area of
                                     town that needs to be protected, propose a zoning ordinance, hearing, and town vote.
                                     This hasn't happened. Would require convincing the town. You could also join the
                                     PB to help carry out your agenda.
                                     As PB get input from planning dept. as directions to take to protect land in town.
                                     Master Plan determines future direction for actions. Updated every 5 years. PB will
                                     request planning dept. to propose regulations in accordance with the Master Plan.
                                     Will help to see how well they are following the recommendations of the Master
                                     Plan.




                                                                         61









                         21. How do you interact with the Selectmen, ZBA, HCO, and Rockingham County
                         Conservation District?
                         Ken          Selectmen representative also sits on the PB. Vice chair works with the Selectmen.
                                      Health Code enforcement Officer instigates changes in septic system regulations.
                                      HCO and selectmen can put a lean on your house to cover the cost of not compiling
                                      to the regulations.
                         E. King      One member of the PB is the Selectman. He is at each meeting. They deal with
                                      basically enforcement. They enforce the regulations by the BI he is also like the
                                      Code enforcement officer. He goes out to see who is not complying with
                                      regulations. It is a volunteer position and only one person for the entire town.
                         Exe.         The Exeter PB and planning dept. work closely with the Rockingham Planning dept.
                                      They make the master plan and the watershed component. They have located
                                      potential nonpoint sources of pollution in the town of Exeter. They ha  ,ve a
                                      Selectman representative on the board, but interact with selectmen usually for
                                      enforcement decisions




                         22. How often are recommendations made by the Conservation Commission related to
                         nonpoint source pollution incorporated into final decisions made by your decision making
                         body? What would have had to happen for the Conservation Commissions
                         recommendations incorporated?
                         Ken          It varies. Sometimes the CC will ask for changes to be made and the developer
                                      follows through with them. Usually the CC makes recommendations for buffer
                                      zones, hay bales, increased protection of wetlands. Usually now, they are just
                                      asking for the CC's opinion in matters. The CC gets notified of the action 2 weeks
                                      before the abutters. There is submission of a plan the CC sees it too. May help to
                                      make it a more formal process for the CC since they have little authority for their
                                      recommendations to become implemented.
                         E. King      CC and PB and Selectmen work closely in E. Kings. Their recommendations are
                                      usually incorporated, but the system is "real lax". The CC has workshops twice a
                                      year and the public officials come and learn for a 10 $ fee.
                         Exe.         Input from CC about every application that may impact the environment. Input also
                                      from the TRC process too. Input from zoning amendments. The PB takes the
                                      recommendation of CC, applicant can respond to the input, (the applicant hears
                                      input from CC at the TRC), usually the changes have been made by the applicant
                                      after TRC process and before it goes to the PB. Some times there is a problem when
                                      the CC feels there is an impact and the applicant feels no impact. This does not
                                      occur very often. Sometimes when CC proposes a certain type of action and the
                                      applicant proposed something different. The Planning board's role is to ensure the
                                      regulations are upheld throughout the process. If everything meets the PB
                                      regulations and the CC wants more undertaken then there could be a potential
                                      problem but this usually doesn't happen.








                                                                         62










                       23. Overall, how would you rate the process you decision making body uses in making,
                       implementing, enforcing and monitoring regulations? Rate the effectiveness of the decision
                       making body on a scale of 1-6. What improvements do you feel could be made in the
                       decision making structure of your town that would result in a reduction of nonpoint source
                       pollution?
                       Ken        4. The PB doesn't always enforce regulations and there is little to no effective
                                  monitoring. The Master Plan could be improved as well as requiring IRS drainage
                                  analysis.
                       E. King    6-7. No real recommendations because it is working well now.
                       Exe.       6. Very efficient. Recommendations could be made in zoning ordinances.
                                  Increases in setbacks for certain areas especially if there are none now. Also having
                                  full time people involved in reviewing applications. Time consuming.









































                                                                   63














                                                                APPENDIX 111-F


                                                   COMPILED SELECTMEN INTERVIEWS



                                 Selectmen interviews were transcribed into a table format to make comparisons
                         across responses. Responses may include additional information beyond the question
                         asked which was also pertinent to the study. Interviews were conducted over the course of
                         two weeks. Kensington Selectmen was unable to be interviewed.


                         1. How long have you been participating as Chair of the Selectman?
                         Ext.'       =One year
                         E. King.



                         2. How did you become interested in serving as Chair of the Selectmen?
                         Ext.           He was chainnen back in 1982. Liked it and will serve as chair for the next three
                                        years. The board works well together.
                         E. King.       Interest in helping in towns issues.



                         3. What is the role of the Chair?
                         Ext.           To preside over the meetings, set agenda and keep order.
                         E. King        Oversee the meetings. Split up into three different groups (there are three
                                        selectmen) and discuss different problems, chair oversees budgets. The State or
                                        the Conservation Commission (CC) tells the selectmen about potential nonpoint
                                       Isource pollution problems.



                         4. When someone is going to build a subdivision or siteplan do the selectmen go out to the
                         site to see of the plats match the piece of land?
                         Ext.           The selectmen do not really go out to the site. The Technical Review
                                        Committee(TRC) usually does that aspect of the project. Occasionally the
                                        Selectmen walk the site. The selectmen are all on different committees to
                                        represent different interests. One other selectmen present on the board is on the
                                        Water and Sewer Advisory Committee which deals with water rates, leakage of
                                        water from pipes that may affect the plant, monetary, etc.
                         E. King        The Selectmen don't usually inspect, the Building Inspector (BI) does that
                                        instead.





                         Abbreviations: Ext: Exeter, E.King.: East Kingston.


                                                                        64
















                         5. How are decisions made on the Board?
                         Ext.            Mutual consensus. Most of the decisions are made in public.
                         E. King         Mutual consensus. If a nonpoint source issue arises it's usually the State or the
                                         CC which informs the Selectmen of the problem.




                         6. How do you go about changing existing regulations to make them stricter (e.g. greater
                         setbacks if there appears to be a need)
                         Ext.            Conservation Committee can initiate a change and recommend to the Selectmen.
                                         Exeter River is exempt for about a mile up river because it's the drinking water
                                         supply. A public citizen or the HCO can all suggest changes. The town usually
                                         does look into most of these suggestions and gets help from the state and the
                                         county. The public works director or town manager can also initiate these
                                         changes
                         E. King




                         7. Are you aware of any types of nonpoint source pollution such as runoff from croplands,
                         septic system waste, runoff from livestock farms, timber harvesting, etc. occurring in your
                         town?
                         Ext.        To his knowledge is not really a problem. On Court street there may be some
                                     leaking septic systems. Most of the homes are hooked up to the sewer system now.
                                     Problems in town with an underground storage tank (oil) leaking into the river,
                                     Franklin street. Great Bridge. The Iocoka movie theater was leaking and was fixed.
                         E. King     Rile Rd. None other than Great Brook.




                         8. In your opinion, what is the largest source of nonpoint source pollution? What leads
                         you to believe this is the case?
                         Ext.        See below
                         E. King.    The cows are always around and in the water [Great Brook] and are probably
                                     contributing to the pollution problem around this brook. "This is an agricultural
                                     town and I think people accept that." Designated floodplain area from Stumpfield
                                     on, mostly swamp area that can't be used.










                                                                         65









                         .9. Spring runoff draining from manure in livestock farms can increase E. coil bacteria and
                         nitrate counts. To your knowledge are there Best Management Practices (BMPs) in place
                         to control this type of pollution? Are there other methods being used?
                         Ext.         BMPs are being used and are listed in the Watershed Management Plan section of
                                      the Master Plan. Water treatment plant was upgraded to remove more pollutants and
                                      larger demand. Fecal bacteria can be treated easily. More concerned with the
                                      chemical pollutants spilling along truck routes. Contamination coming from
                                      animals is treatable. Don't want to see the farmers and or practices restricted. NH
                                      has lost many farms so there is interest in keeping these farms open to make a living.
                                      Use discretion.
                         E. King      No BMPs being used. Bodwell farm is using septic application. Environmental
                                      Protection Agency (EPA) has given him a grant to enlarge his land treatment area.




                         10. In your opinion, which regulations either town or state do you feel are the most
                         effective at reducing nonpoint source pollution? What makes these regulations/policies
                         more effective compared to others?
                         Ext.         In Exeter, the Shoreland Protection District has stricter regulations than for town
                                      surface water regulations, which have increased buffer zones to protect the water.
                         E. King      Health officer (HO) is the main enforcer of regulations and reports back. E.
                                      Kingston has regulations for wetlands and septic application. Usually problems are
                                      reported by public complaint to the Health Officer who informs the Conservation
                                      Commission. Selectmen are usually contacted last and don't get involved unless
                                      there is a problem.




                         11. Aside from regulations what other types of initiatives seem to work best when
                         addressing nonpoint source pollution problems?
                         Ext.         Most BMPs work well. (Question about fencing animals back from the stream)
                                      Reply: Crossing a stream may be necessary for grazing. The treatment plant can
                                      treat animal waste readily. We don't want to see farmers livelihood restricted. If
                                      the animals have to go to the water you can't say they can't do that. NH has lost
                                    I many farms. Common sense.
                         E. King. I   Having the Conservation district work with the farmers.














                                                                         66









                        12. If someone is in violation of a regulation pertaining to nonpoint source pollution what
                        steps are taken? Who does the enforcement? Does enforcement occur routinely or only
                        following a public complaint?
                        Ext.         The Building Inspector (BI) monitors subdivision and site plan regulations. If
                                     someone is in violation he will issue a cease and desist order. If they continue to not
                                     comply the Selectmen are notified and can take court action. Court action has not
                                     been taken thus far. Still, most violations of regulations are notified by public
                                     complaint.
                        E. King      The Building Inspector will check septic system, wetland, and well regulations in
                                     subdivisions. The Conservation Commission has seven members and will look at a
                                     site upon public complaint. CC works on the wetland evaluation regulations. If
                                     there is a State violation the Department of Environmental Services (DES) will be
                                     contacted. No fines have been issued.





                        13. How do Conservation Commissioners and Selectmen interact? How often are
                        recommendations made by the Conservation Commission related to nonpoint source
                        pollution incorporated into final decisions made by your decision making body?
                        Ext.         The Selectmen have a CC representative which go to Selectmen meetings. The CC
                                     members need to get Selectmen approval about buying land, easements etc. They
                                     usually get approval for these actions during Selectmen meetings.
                        E. King      The CC does not have much enforcement authority but works with the County
                                     Conservation District (CCD) about farming practices. The CCD will make
                                     conservation plans for farmers and recommend BMPs. If a health problem occurs
                                     the HO will take action or contact the State. The CC will provide input in all
                                     subdivision regulations and has influenced changes prior to building. The
                                     Selectmen rely on the CC for input because they are familiar with the current status
                                     of projects being undertaken. Most of the time the CC's recommendations will be
                                     incorporated into the Selectmen's final decision.
                                     Monitoring of septic systems is only done by CC or HO following a complaint.
                                     Only had a problem with one camp having a leaking septic system in town.




                        14. Overall, how would you rate the process you decision making body uses in making,
                        implementing, enforcing and monitoring regulations? Rate the effectiveness of the decision
                        making body on a scale of 1-6.
                        Ext.         6. Selectmen work well together.
                        E. King      5-6. Water quality problems are usually dealt with fairly quickly.











                                                                       67
















                                                                 A PPENDIX HI-G


                                                      COMPILED FARMER INTERVIEWS


                         Location of site:               Names of farmers interviewed:
                         I Crop farrn in Kensington      I . Bodwell, Daniel     Cattle and septage application facility
                         4 Livestock farms in E.         2. Bodwell. Hal & Han@@- Cattle
                         Kingston                        3.  Marston, Pobert     Cattle, chickens, sheep
                         0 Farms in Exeter               4.  O'Shea. Patrici     Horses
                                                       1 5.  Tutthill.Allen- Crops (corn,. tomatoes, peppers, squash)

                         1. How long has the farm been under your operation?
                         1= The Bodwell family has farmed D. Bodwell's land continually for about 30 years. Bodwell
                         owns about 3 acres of corn, 3 acres of hay and 30 acres of constructed wetlands for septage
                         application (see figure - _).

                         2= The farm was started in 1928. He owns or rents about 180 acres of land in E. Kingston.


                         3= Marston has owned the farm since 1974.


                         4= Patricia O'Shea has owned the Arabian Horse Farrn for seven years. The University of New
                         Hampshire owned the property before her.

                         5= The Tuthill family has owned the crop farm since 1970. Before that time it was a dairy farm.




                         2. What 1Xpes of crops do you grow?
                         1= Dan grows approximately 3 acres of com used as cattle feed. About 3 acres of hay grows
                         across the street adjacent to Great Brook.

                         2= H. Bodwell grows hay or grasses for cattle consumption on about 430 acres of land. About
                         200 acres are for pasture where the cattle feed.

                         3= no crops are grown.

                         4= O'Shea owns a small vegetable garden,    which is approximately one acre.

                         5= The Tuthill's have a mixed vegetable farm. They grow five acres of com and have green
                         houses which contain tomatoes, peppers, squash and flowers.

                                 a) How long have theses crops grown on your land?
                                 1= Theses crops have been planted since the farm was started.

                                 2= The grasses have grown and been harvested since 1928.



                                                                          68










                               5= Corn has been grown on the property since 1920.



                        3. What Wes of livestock are you raising on this farm?
                        1= Dan owns about 30 cows.


                        2= H. Bodwell owns about 230 milking cows and 230 young stock. H. Bodwell uses low input
                        dairy farming. He shifted from high input dairy fanning about 3 years ago to low input and has
                        still been able to make a profit.

                        3= Marston owns about 200 chickens, 26 cows, 66 goats, 25 sheep. These livestock are grown to
                        sell.


                        4= O'Shea owns about 14 horses which pasture on 31 acres of grassland.

                        5= The Tuthill's own no livestock.



                        4. Where is the feed lot in relationship to drainage ways?
                        I= The feedlot is across the street from Great Brook in the barn.


                        2= The feedlot is on a small slope which drains down into a tributary of Great Brook. This
                        feedlot is not totally covered and includes 80 acres of confined area by the barn.

                        3= The feedlot drains out into a wetland in back of Marston's property. This wetland drains into
                        York Brook, a tributary to the Great Brook.

                        4= The feedlot is uphill from a wetland that drains into Great Brook.



                               a. Are there berms/ wetlands between the feedlot and the stream?
                               1= A road, and hay fields separates the feedlot from the stream.

                               2= A constructed wetland has been put in behind the feedlot to reduce nutrients from
                               reaching the tributary stream.

                               4= There is a wetland at the edge of the property which separates the feedlot and the
                               stream.



                        5. How do you handle manure which accumulates on your propea?
                        1= Manure is spread on all fields.

                        2= Manure is spread on fields.

                        3= Manure is spread on fields/grassland.




                                                                     69









                        4= The staff collect the paddocks into one large pile year round. People who live in the
                        neighborhood come to collect the manure to put on their gardens. O'Shea spreads manure on her
                        vegetable garden.

                        5= There is no accumulation of manure on the property.


                                a. How is livestock waste stored during the winter or when it's not in use?
                                I= Manure is stored in piles on the fields during the winter.

                                2= During the winter (Nov. - Feb.) manure is stored in windrows on the fields. Only
                                about 200 acres of the land is tillable and the other 200 acres is rentable from neighbors.

                                3= Manure is stored inside during winter months.

                                4= By June almost all of the manure has been taken away. Saw dust is put in the left
                                over manure to break it down. No manure is left by the winter.


                        6. Have you experienced periods of floQding this spring? Do spring floods produce visual
                        changes in the terr@in?
                        1= There was excessive ponding on the hay fields adjacent to Great Brook this spring. Canadian
                        geese accumulated at this location in large numbers until the water receded. There is no visual
                        signs.of erosion, the hay takes hold after the water level becomes reduced.

                        2= The Brook flows high onto their property in early Spring. H. Bodwell doesn't let the milkers
                        out in the early spring to the fields because they will tear up the ground. The cows are let out in
                        early May. There were visual signs of soil erosion around Great Brook where grass had not
                        taken hold.


                        3= Marston has experienced some flooding in the back wetland this spring.

                        4= Stormwater from Stumpfield road runs off on to their property. The land adjacent to the
                        wetland at the edge of the property also becomes wet during spring floods. O'Shea will be
                        putting in a drainage system on the property to reduce runoff problems.

                        5= The property slopes downward into a wetland that drains into Great Brook. Therefore, there
                        is little flooding or ponding on the property. The land along the boarders of the property is
                        seeded with hay.


                        7. What 1ypes of fertilizers and pesticides are you currently usine
                        1= No fertilizers are being used. Manure is the source of fertilizer.

                        2= Thirty tons of fertilizer is used in the spring to induce hay development. No herbicides or
                        pesticides are used.

                        3= No fertilizers or pesticides are being used.



                                                                      70









                    4= No fertilizers or pesticides are being used.

                    5= The Tuthill's use horse manure on about 2 acres/year. A half a ton of corn starter fertilizer
                    (10:20:10) is applied in the spring. A fertilizer is applied for nitrogen addition (15:8:12) in the
                    spring also. Organic fertilizers Prostart and Progrow are used on lettuce, broccoli and onion
                    plants.

                          a. Frequency and time of year for fertilizer(s) application:
                          1= Manure is spread once or twice a year in between harvesting and planting of corn
                          (July-August).

                          2= Fertilizers are applied twice a growing season for hay.






                    8. Where is the location of fields sprayed with fertilizeralpesticides in relationship to the
                    stream?
                    1= The corn fields are across the street and the hay fields are adjacent to Great Brook.

                    2= H. Bodwell's property runs adjacent to the Great Brook.

                    5= The corn fields which receive fertilizers are a slope which drains into Great Brook. However,
                    there is about a 200-300ft buffer of hay on their property before the runoff reaches the wetland at
                    the edge of Great Brook.


























                                                         71









                          9. Are any of the following Best Management Practices (BMPs) being used on Y-Qur farm?

                          BMT                                                 Using            Not Using         N/A
                          1.  Control access of livestock to water            3,4              1,2               5
                              bodies
                          2.  Control runoff from barnyards and               2,4              1,3               5
                              feedlots
                          3.  Manage pastures to reduce                       1,2,3,4                            5
                              concentrations of manure
                          4.  Composting of manure                                             1,2,3,4,5
                          5.  Store manure in constructed facilities          1,2,3,4                            5
                              during periods when land application is
                              not suitable. (e.g. on frozen ground)
                          6.  Use soil tests to determine background          1,5              3,4
                              levels of nutrients and soil pH.
                          7.  Keep fertilizer and manure application          1,2,5                              4
                              records and crop yield records to
                              determine proper manure and
                              fertilizer rates.
                          S.  Crop rotation ( to make efficient use of        5                1                 4
                              Nitrogen)
                          9.  Maintain filter strips next to surface          1= 100'          2
                              waters. (buffer strips)                         3= 300' Vm       3= none for
                                                                              GB               York B.
                                                                              5-- 300'         4= wetland at
                                                                                               edge of
                                                                                               property.
                          10. Conservation tillage                            5
                          11. Other



                          10. Why did you first begin using BMPs?
                          I= More cost effective to use manure and septage waste than buying fertilizer.

                          2= BMPs have helped on the farm. Because the feedlot is not completely covered, 6 years ago
                          there was visual evidence of manure runoff coming off the cement feedlot into the snow. Gutters
                          were put up on the existing roofs of the feedlot which have reduced the manure runoff.

                          3= Marston felt it was better not to spread manure on frozen ground.

                          4= O'Shea collects manure because she can sell it for a profit and it reduces on-site pollution.

                          5= The slope by the wetland near the edge of their property was too steep to plant crops so hay
                          was planted. They also felt that hay would reduce runoff and absorb excess nutrients.







                                                                            72









                         11, In your opinion, do you feel that land conservation practices have or will allow your
                         land to become mQre productive? Or are BMPs more costly than beneficial9
                         1= BMPs have helped Bodwell's land to become more productive.

                         2= In the short term it is probably more costly but in the long-term conservation practices are
                         better.


                         5= Conservation practices have helped the Tuthill's farm to become more productive. Rotating
                         crop plantings helps reduce bug infestation and maintain fertility of soils.

                                 a. Do you encourage other farmers in town to use BMPs?
                                 2= H. Bodwell encouraged Bob Sargent (a farmer in Kensington) to install a cement
                                 holding pad for manure.


                                 3= Yes.


                                 4= O'Shea mentioned that horse manure dries faster than cow manure and that the
                                 wetland buffer should be sufficient to help water quality.

                                 5= Yes.



                         12. How do you -Work "h the Rockingham Coun1y Conservation District (RC!QD), United
                         States Natural Re@ources Conservation Services (11SNECS). the Department of
                         Environmental Services (L)ES) or Office of State Planning (OSP) to receive technical
                         assistance for implementing farininglaactices?
                         1= D. Bodwell received a grant from the EPA for $128,000 to construct a wetland treatment
                         facility for biosolids. Bodwell has matched the grant with an additional $128,000 for the project.
                         The RCCD provided technical assistance and labor to install the wetlands cells. The nonpoint
                         source division of the DES has installed ground water wells within the wetland and throughout
                         D. Bodwell's property to determine reductions in nutrients and bacteria levels.

                         2= Works with Sue Hoy at the RCCD when he needs help with land practices.

                         3= Marston used to have corn fields that he put back into grassland and the RCCD gave him
                         advise on the best way to make the transition.
                         4= The RCCD did a soil potential index on-site and determined that there are wetland soils at the
                         edge of O'Shea's property. Further in off the property is a cattail wetland.

                         5= The Tuthill's were interested in putting in a pond for crop irrigation last fall. The RCCD
                         came out and inspected the site but recommended that an additional well be put in instead.

                                 a. How frequently have vou asked for the assistance of one of these agencies? Was
                                 the advise useful?
                                 I= The RCCD and DES monitor and work with Bodwell on a routine basis.


                                 2= RCCD aided in designing land to meet town and state regulations when putting in the
                                 constructed wetland.




                                                                        73









                              5= The RCCD suggested planting Rye seed to minimize soil erosion.


                      13. Are there portions of your propea where livestock have   direct access to Great Brook
                      or another creek?
                      1= Bodwell's property runs adjacent to Great Brook near the hay fields (Figure 1)

                      2= H. Bodwell's property runs adjacent to the Great Brook. The cattle have direct access to the
                      Brook.


                      3= Direct access to York Brook. Marston's property is separated by a road and about 300-400'
                      ftom Great Brook.



                      14, Are yQu concerned with animal waste affecting the water qualfty of this stream?
                      1= D. Bodwell feels that agriculture is not the source of pollution to Great Brook. Failed septic
                      systems supporting residents in the area may be the source of this pollution.

                      2= H. Bodwell realizes that the cattle drink from this stream and that he probably should be more
                      concerned with their walking through the stream.

                      4= Landowner doesn't feel that this site is a contributing source of pollution.


                      15, Have you undertaken any management practices to reduce animal wastes or sedimen
                      runoM, Did you receive any technicalassistance or incentives to do this, If not what would
                      be needed to carry out these changm.
                      Practices                                                Yes                 No
                      1. Installation of a wetland or retention pond to clean   1,2                3,4,5
                      manure on site -
                      2. Planting vegetation around the stream to absorb       1, 2, 5= winter rye 3,4
                      nutrients                                               I                   I           J


                      16. During the year do you experience any soil erosion problems immediately adJacent to
                      the stream?
                      I=No


                      2= Yes, in the Spring before the grass takes hold there are problems with soil erosion in portions
                      of Great Brook.


                      3= Yes, during the interview the lower portions of the land near the wetland appeared wet. Also
                      aerial photography taken in April shows small streams flowing off the property into the wetland.








                                                                  74









                        17, What State or town regMIations do you routinely deal with?
                        1= Those applying to septage spreading at a federal, state and town level.

                        4= Landowner doesn't routinely deal with any state or town regulations.

                        5= The State monitors pesticide use on their farm.


















































                                                                      75











                                                             APPENDIX 111-H





                                                    SUMMARY OF SURVEY RESULTS
                                                            (Percent of Responses)'

                                                  Sara Radacsi, University of New Hampshire


                         Planning board members, Selectmen, and Conservation Commissioners where surveyedftom
                         Exeter, Kensington, and E. Kingston. Questions]-] 6 where standard in all surveys while
                         questions 17-35 ask information specific to the groups authority. As a result, responsesftom
                         questions 1-16 were compiled together to note similaritiesldifferences between Planning Boards
                         and Conservation Commissions, questions 1-17 are summarized separatelyfor each decision
                         making authority.



                         1. In what town do you contribute as a decision maker?
                           Question #I       Number of Responses Percentage of total Planning Board
                                                                     Members
                         a Exeter                                  3                    30
                         lb lKensington                            4                    40
                         Ic IE. Kingston                           3                    30


                         2. On which of the following decision making bodies are you a member?


                           Question #2
                                                    Exeter            Kensington            E. Kingston
                                                      PW         cc       PB          cc       PB       cc
                         a Planning Board             100        0        100         0        100       0
                         b Board of Adjustments        0         0         0          0     1   0        0
                         c Selectmen                   0         0         0          0         0        0
                         d Conservation                0         100       0          100       0       100
                           Commission                                 I
                         e Health Officer              0         0        25          0         0        0
                         if 10ther                      67       0         0         50         0
                         Exeter: "Affordable Housing Committee; Rockingham Planning Commission.',


                         IResponses were rounded to th e nearest whole per cent, so columns may total to more or less than 100%.
                         For questions where respondents could choose more than one selection, columns may total more than
                         100%.
                         2PB will indicate Planning Board responses and CC will abbrreviate Conservation Commission responses.


                                                                      76









                           3. Below is a list of possible sources of nonpoint source pollution. For each source please
                           check the response category which, in your opinion, best describes the degree the sources
                           affect the Exeter River Watershed.


                           Question #3


                           3.1. Sediments due to erosion:
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc         PB        cc         PB        CC
                           a    Does not affect          0          0          0         0          0         0
                           b    Slightly affects         33         0          50        0          67        0
                           c    Moderately               33         50         25        100        33        0
                                affects
                                Most stTongly-           33         0          25        0          0         0
                                affects
                           le   jUnsure              1   0          50    1    0         0          0         25




                           3.2. Runoff from Cropland:
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc         PB        cc         PB        cc
                           a    Does not affect          0          0          25        0          0         0
                           b    Slightly affects         67         100        25        50         100       75
                           c    Moderately               33         0          25        50         0         25
                                laffects
                           d    Most strongly            0          0          25        0          0         0
                                affects
                           e    Unsure                   0          0          0         0          0         0




                           3.3  Household septic systems:
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc         PB        cc         PB        Cc
                           a    Does not affect          33         0          0         0          0         25
                           b    Slightly affects         33         0          25        50         67        50
                           c    Moderately               0          50         75        50         33        0
                                affects                                             I
                           d    Most strongly            33         50         0         0          0         0
                                affects
                           e    Unsure                   0          0          0         0          0         25











                                                                                 77









                           3.4. Household lawn and garden chemicals:
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc        PB         cc        PB         cc
                           a    Does not affect          0          0         25         0         0          50
                           b    Slightly affects         33         0         25         50        0          0
                           c    Moderately               33         .100      50         50        67         50
                                laffects                                  I
                           d    Most strongly            33         0         0          0         33         0
                                affects
                           e    Unsure                   0          0         0          0         0



                           3.5. Home auto maintenance (cars, boats, etc.):
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc        PB         cc        PB         Cc
                           a    Does not affect          33         0         25         0         67         50
                           b    Slightly affects         0          0         0          100       33         0
                           c    Moderately               33         50        50         0         0          0
                                laffects                                            I
                           d    Most strongly            33         0         0          0         0          25
                                affects                                       25         0         0
                           e    Unsure                   0          50                                        25



                           3.6. Runoff from livestock operations:
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc        PB         cc        PB         cc
                           a    Does not affect          33         0         25         0         67         25
                           b    Slightly affects         33         100       0          50        0          50
                           C    Moderately               33         0         25         0         0          25
                                laffects                                            I
                           d    Most strongly            0          0         25         50        0          0
                                affects
                           e    Unsure                   0          0         25         0         33         0


                           3.7. Timber Harvesting (e.g. erosion and runoff due to operations):
                                                     Exeter               Kensington           E. Kingston
                                                         PB         cc        PB         cc        PB         Cc
                           a    Does not affect          0          0         0          0         0          25
                           b    Slightly affects         67         100       50         100       67         75
                           c    Moderately               33         0         25         0         0          0
                                affects
                          .d    Most strongly            0          0         25         0         0          0
                           L
                                affects
                                Unsure                   0          0         0          0         33





                                                                                78










                           3.8. Stormwater drainage:
                                                     Exeter               Kensington           E. Kingston
                                                         PB        cc         PB         cc         PB        cc
                           a    Does not affect          0          0         0          0          0         25
                           b    Slightly affects         0          0         25         0          0         50
                           c    Moderately               33         0         50         100        67        0
                                affects
                                Most strongly            67        100        25         0          33        0
                           @
                                affects              I                                         I         I
                           e    Unsure               1   0          0         0          0          0         25



                           3.9. Runoff from urban areas:
                                                     Exeter               Kensington           E. Kingston
                                                         PB        cc         PB         cc         PB        cc
                           a    Does not affect          0          0         25         0          0         50
                           b    Slightly affects         0         50         0          0          0         0
                           c    Moderately               33         0         50         100        67        0
                                affects                                             I
                           d    Most strongly            67        50         0          0          0         0
                                affects                                                                  I          I
                           e    Unsure                   0          0         25         0          33        50



                           3.10. Highway Maintenance Practices:
                                                     Exeter               Kensington           E. Kingston
                                                         PB        cc         PB         cc         PB        CC
                           a    Does not affect          0          0         0          0          33        0
                           b    Slightly affects         33         0         25         0          0         25
                           c    Moderately               33        50         25         50         67        50
                                laffects                                            I
                           d    Most strongly            33        50         25         50         0         0
                                affects
                           e    Unsure                   0          0         25         0          0         25




                           3. 11. Erosion at Construction Sites:
                                                     Exeter               Kensington           E. Kingston
                                                         PB        cc         PB         cc         PB        Cc
                           a    Does not affect          0          0         25         0          0         25
                           b    Slightly affects         33         0         0          0          100       25
                           c    Moderately               33        50         50         100        0         25
                                laffects                                            I
                           d    Most strongly            33         0         25         0          0         0
                                affects                                                        I
                           e    Unsure                             50         0          0          0         25
                           1                                                                                        1






                           d
                           ke

                                                                                 79










                            3.12. Parking lots and paved areas:
                                                      Exeter               Kensington           E. Kingston
                                                          PB         cc        PB        cc         PB         Cc
                            a    Does not affect          0          0         0          0         33         75
                            b    Slightly affects         0          0         0          0         0          0
                            c    Moderately               67         0         25        100        33         25
                                 laffects                                            I
                            d    Most strongly            33         100       25         0         0          0
                                 affects
                            e    Unsure                   0          0         50         0         33         0



                            3.13. Landfills/ Solidwaste disposal facilities:
                                                      Exeter               Kensington           E. Kingston
                                                          PB         cc        PB        cc         PB         cc
                            a    Does not affect          0          50        25         0         33         50
                            b    Slightly affects         67         50        0         100        0          0
                            c    Moderately               33         0         50         0         33         25
                                 affects                        I                               I
                                 Most strongly            0          0         25         0         0          25
                                 affects
                            le   jUnsure                  0          0         0          0         33         0



                            3.14 Leaking underground storage tanks:
                                                      Exeter               Kensington           E. Kingston
                                                          PB         cc        PB        cc         PB         Cc
                            a    Does not affect          0          0         25         0         33         50
                            b    Slightly affects         67         0         0         100        33         0
                            c    Moderately               33         0         50         0         0          0
                                 laffects                                            I
                            d    Most strongly            0          0         25         0         0          25
                                 affects                                                        I
                            e    Unsure                   0          100       0          0         33


                            3.15 Other (Please Specify):
                                                      Exeter               Kensington           E. Kingston
                                                          PB         cc        PB        cc         PB         Cc
                            a    Does not affect          0          0         0          0         0          0
                            b    Slightly affects         0          0         0          0         33         0
                            c    Moderately               0          50        0          0         0          25
                                 laffects                                            I
                            d    Most strongly            0          0         25         0         0          0
                                 affects
                            e    Unsure                   0          0         0          0         0          25




                                                                                  80










                         4. In your opinion, which of the above sources of nonpoint source pollution are the most
                         significant problems in your area?
                         PB responses:
                         W Exete : "Erosion sediment, fertilizers, chemical, urban parking lots and stormwater runoff;
                             stormwater runoff, highway maintenance, paved areas; runoff from urban areas."
                         W Ken5ingion: "Erosion; stormwater drainage; livestock runoff and septic."
                         A E. Kingston: "Highway maintenance; urban runoff."

                         CC responses:
                         ï¿½   Exeter: "Stormwater, especially near towns; stormwater drainage plus vehicular effects."
                         ï¿½   Ken5ington: "Livestock; stormwater drainage, suburban runoff, construction erosion,
                             highway maintenance practices."
                         )K  E. Kingston: "Home auto repairs (i.e. oil gas, oil filters also I wonder about the two Exeter
                             campgrounds on 108); agricultural runoff; highway runoff and cropland."


                         5. In general, do you think nonpoint source pollution is a serious problem, somewhat of a
                         problem, or not a problem in your town?

                         question #5
                             Item                                   PB
                                                  Exeter            Kensington          E. Kingston
                                                    PB        CC        PB       CC         PB         CC
                         a   Not a problem           0        0         25        0         33          25
                         b   Somewhat of a          100       50        75        50         0          75

                             pro em
                         c   Serious problem         0        so         0        50         0          0
                             Unsure                  0        0          0        0         33          0



                         6. To your knowledge has anyone evaluated the policies/regulations related to nonpoint
                         source pollution in your town within the last five years?

                         question #6
                                          Exeter         Kensington       E. Kingston
                                           PB CC PB CC                       PB        CC
                         A Yes               0      0        0      0        33         50
                         IB  INo             33     0        50     50       33        25
                         IC jUnsure      1   67     100      50     50       33
                         @
                         c
                         d































                                                                          81









                        6b. To your knowledge, what was the purpose of the evaluation?
                        PB responses:
                        W,  Exeter: "The town does have independent review of subdivision plans for
                            stormwater/erosion and sediment control plans done by Rockingham County Conservation
                            District. The town has adopted the "Stormwater Management and Erosion and Sediment
                            Control Handbook for Urban and Developing Areas in New Hampshire."
                        W,  Kensingign: "Determine the level of importance of various nonpoint pollution sources."
                        #   E. Kingston: "River pollution/Site Plan Review."

                        CC responses:
                        W, E. Kingston: "To determine presence of nonpoint source pollution; Master Plan."



                        6c. Please indicate the government agency that was responsible for the evaluation and
                        when it took place?
                        PB responses:
                        A E. Kingston-, "Unsure, ongoing Planning Board concern."

                        CC responses:
                        W E. Kingston: "OSP- Coastal Zone Office in the Summer and Fall of 1995; conservation
                            commission last year."



                        7. In your opinion, how effective are the existing land use regulations in your town for
                        preventing nonpoint source pollution?

                                    Question #7
                                                 Exeter        Kensington        E. Kingston
                        Extremely ineffective     PB CC          PB        CC        PB         CC
                                               1   0      0        0        0         0          0
                                               2   0     50        0       50         0         25
                                               3   0      0      25        50        33         25
                                               4    33  '50      50        50        33         50
                                               5    67    0      25         0        33          0
                                               6   0      0        0        0         0          0
                        lExtremely effective     I     I      I        I                   I

                        W Exeter: "Especially when reviewed by outside engineering consultant at Rockingham
                            County Conservation District."









                                                                       82









                         8. In your opinion, which of the land use policies/regulations do you believe are the most
                         effective to minimize nonpoint source pollution in your town?
                         PB responses:
                         W   Exeter: "Treatment swales, sediment and erosion control measures- but need periodic site
                             construction inspections!; site plan review regulations and subdivision regulations;
                             stormwater/erosion and sediment BMPs."
                         'A  Kensingion: "Septic regulations and subdivision drainage regulations; use of protective
                             barriers during excavation and construction, regulations of septic installation."
                         A   E. Kingston: "Site plan review."

                         CC responses:

                         W, Exeter: "Wetland ordinances; setback regulations."
                         A Kensinglon: "Subdivision laws, recycling program; wetlands restrictions."
                         A E. Kingston: "Septic system lot sizes; septage/sludge ordinance; buffer setbacks; zoning
                             regulations."




                         9. In your opinion, have any of the following helped policies/regulations in your town work
                         more effectively?

                             Question #9                  Exeter           Kensington           E. Kingston
                                                             PB      CC        PB        CC         PB         CC
                         a   Monitoring                      100      50       50         50        0          75
                         b   Enforcement                     33       50       50         50        33         25
                         c   Adequate financial              0        0        0          0         0          0
                             Iresources                           I                             I
                         d Sufficient Human                  0        0        0          0         0          25
                             Resources
                         e   Public Interest                 67       0        so         0         33         50
                         f   Issue isn't a problem in our    0        0        25         0         33         25
                             Itown                                I                             I
                         g   Policy matches the                                25         0         0          25
                             problem                              I
                         h   Unsure                          0        50       25         0         33         0
                             Policies/regulations            0        0        0          0         0          50
                             have reached those
                             a cted
                         k   Other                           0        0        0          0         0          0














                                                                          83









                        10. The state minimum requirement for septic system setbacks from a river are 75 feet. If
                        your town has a setback requirement of 100 feet or greater please explain how it became
                        evident that a greater setback was needed?
                        PB responses:
                        ï¿½   Exeter: "Don't know what Exeter uses. Most of the town is on sewer. I think 75' is
                            adequate. This really is an arbitrary distance anyway with little or no scientific proof; N/A-
                            we had a requirement for >75' but modified it to 75' several years ago after reviewing input
                            from the State."
                        ï¿½   Kensingion: "We follow State regulations."
                        )K  E. Kingston: "More wetland in our area; we thought it prudent; arbitrary decision erring on
                            the side of caution."


                        CC responses:
                        WE  Exeter: "Septic setback is 150 feet from Exeter."
                        A   E. Kingston: "Setback established when state standard was 100', has not been reevaluated to
                            date; unsure how our setback was arrived at; State requires 75' based on experimental data is
                            enough. I think it was just chosen with no research to back it up. Concern because Pow
                            Wow River runs through town."



                        10.b. If your town does have a septic system setback greater than 75 feet, did the increase
                        in distance improve the regulation, not affect the regulation, decrease the effectiveness of
                        the regulation?

                              Question 4 10
                                                                    Exeter      Kensington       E. Kingston
                                                                     PB CC        PB      CC        PB      CC
                        a     Improve the regulation                  0    50      0        0       33       0
                        b     JNot affect the regulation              0      0    25        0       67      25
                        c     Decrease the effectiveness of the       0      0     0        0        0       0
                              regulation
                              Unsure                                  33     0    25        0        0      25
                        le    Other                                   0     -0     0        0        0      25_















                                                                        84









                              10c. In your opinion, if septic systems are setback from a river 100 ft and nutrients and
                              bacteria are still leaking into the river what are the best courses of action to take?
                              PB responses:
                              W    Exeter: "Show me the scientific evidence to demonstrate the nature of the problem."
                              W    Kensinglon: "Re-evaluation of the relation of soil types to regulate setback, re-evaluate type
                                   of septic systems best in system absorption near water flow areas; change regulations; go to
                                   a track system (holding)- no leach field and pump regularly."
                              W    E-Kingston: "Obtain expert explanation and advice; plant grass; Health Officer takes
                                   action."




                              CC responses:
                              W    Ken5inglon: "Increase required distance further- at least in specific soil types, slopes etc.;
                                   redevelop the system at town expense if it is built in conformity now."
                              W    E. Kingston: "Report the fact with study material to DES; evidence of inadequate system.
                                   Health dept. should investigate, evaluate, and force remedy; An existing leaking septic
                                   system should at least be updated to the point that it no longer leaks with some kind of cost
                                   effective incentives if a more high tech system needs to be created particularly in a
                                   grandfathers lot or existing structure where a traditional leach field may not be adequate;
                                   replace the system with one that works."


                              11.  Below is a list of BMPs which can be used to minimize potential sources of nonpoint
                              pollution. Check those currently in place in your town and indicate if they seem to be
                              ineffective or effective.
                                          Question #11                                                             Exeter Kensington                  E.
                                                                                                                                                 Kingston
                                                                                                                   PB   CC PB              C     PB      CC
                              11.1 Septic systems
                                          a) KNOW THE LOCATION OF YOUR TANK
                                               AND LEACBEING AREA.
                              11. I.ac     Currently in use                                                        0     0       50       50     67      0
                              11. Lau      Unsure                                                                  33    0       0        0       0      75
                              11. I.ai     Ineffective                                                             0     0       0        0       0      0
                              11. I.ae     Effective                                                               0     0       0        0      33      25
                                          b) INSPECT YOUR SEPTIC TANK YEARLY                                             0                0              0
                              11. l.bc     Currently in use                                                        0     0       0        0       0      75
                              11. l.bu     Unsure                                                                  33    0       25       0       0      0
                              11. Lbi      Ineffective                                                             0             0        0      33      0
                              11. I.be     Effective                                                               33    0       0        0      33      0










                                                                                          85








                                          lQuestion #11 (Cont.)
                                          c) DO NOT FLUSH TOXIC MATERIALS SUCH
                                          AS PAINT THINNER, PESTICIDES OR
                                          CHLORINE INTO YOUR SYSTEM SINCE THEY
                                          KILL THE NECESSARY BACTERIA IN THE
                                          ITANK.                                                                       I              I               I
                              11. Lcc       Currently in use                                                       0     0      0         50      0      0
                              11. Lcu       Unsure                                                                 33    0      25        0       0      75
                              11. I.ci      Ineffective                                                            0     0  1   0-        0    1  0      0
                              11. Lce       Effective                                                              33    0      0         0       67     0
                                          d) AVOID COLORED TOILET PAPER; IT DOES
                                          NOT BREAK DOWN IN THE TANK AS
                                          IRAPIDLY AS WHITE PAPER
                              I I. Ldc      Currently in use                                                       0     0      0         0       0      0
                              11. l.du      Unsure                                                                       0      0         0       0      75
                              TTI.di        Ineffective                                                            0     0      25        0       0      0
                              11. Lde       Effective                                                              33    0      0 1       0       67 1   0
                              11. 12 Road Construction and Maintenance                                             Exeter     Kensington             E.
                                                                                                                                                  Kingston
                                          a) MINIMIZE OR AVOID CONSTRUCTING                                        PBICC        PB        CC      PB     CC
                                               ROADS NEAR SENSITIVE AREAS SUCH AS
                                               WETLANDS, LAKES, OR RIVERS.
                              11.2.ac       Currently in use                                                       100 0        25        50      33     75
                              11.2.au       Unsure                                                                 0     0      25        0       33     0
                              11.2.ai       Ineffective                                                            0     0      0         0       0      0
                              11.2.ae       Effective                                                              100   0      50        50      33     25
                                          b) MINIMIZE THE AMOUNT OF BARE SOIL
                                               EXPOSED BY SCHEDULING PHASES OF
                                               CONSTRUCTION AND STABILIZATION.
                              11.2.bc       Currently in use                                                       100   0      50        0       33     25
                              Ti-.2bu       Unsure                                                                 0     0      0         0       0      50
                              11.2.bi       Ineffective                                                            0     0      0         0       0      0
                              11 1.2.be     Effective                                                              100   0      25        0       67     0
















                                                                                          86











                                       c) USE THE STORMWATER MANAGEMENT
                                           AND EROSION AND SEDIMENT CONTROL
                                           HANDBOOK FOR URBAN AND
                                           DEVELOPING AREAS IN NEW
                                           HAMPSHIRE.
                            11.2.cc     Currently in use                                                 1001  0   1  25       0    1  0      25
                            11.2.cu     Unsure                                                           0     0      so       0       0      50
                            71.2.ci     Ineffective                                                      0     0      0        0       0      0
                            11.2.ce     Effective                                                        100   0      75       0       67     0
                                       d) STABILIZE AND PROTECT
                                           CONSTRUCTION AREAS WITH SEEDING,
                                           MULCHING, ETC. AS SOON AS POSSIBLE.
                            11.2.dc     Currently in use                                                 100   0      75       50      0      75
                            11.2.du     Unsure                                                           0     0      25       0       0      0
                            11.2.di     Ineffective                                                      0     0      0        0       0      0
                            11.2.de    IEffective                                                        1001  0      50       50      67     25
                            11.3 Ag    Iricultural Use                                                  Exeter     Kensington             E.
                                                                                                                                       Kingston
                                       a) CONTROL ACCESS OF LIVESTOCK TO                                 PB CC PB              CC      PB CC
                                           WATER BODIES
                            11.3.ac     Currently in use                                                 33    0      0        0       0      0
                            11.3.au     Unsure                                                           67    0      25       0       33     55'
                            11.3.ai     Ineffective                                                      0     0      0        0       33     25
                            11.3.ae     Effective                                                        67    0      0        0       0      0
                                       b) MAINTAIN BUFFER STRIPS BETWEEN
                                           AGRICULTURAL FIELDS AND SURFACE
                                           WATERS
                            11.3.bc     Currently in use                                                 0     0      25       0       0      0
                            11.3.bu     Unsure                                                           67    0   1  0        0       0      50
                            11.3.bi     Ineffective                                                      0     0   1  0        0       33     2T-
                            11.3.be     Effective                                                        33    0      0        0       33     0
                                       c) INTEGRATED PEST MANAGEMENT AND
                                           REDUCED APPLICATIONS OF CHEMICAL
                            11.3.cc     Currently in use                                                 0     0      25       0       0      0
                            11.3.cu     Unsure                                                           67    0      0        0       33     50
                            11.3.ci     Ineffective                                                      0     0      0        0       0      25
                            11.3.ce     Effective                                                        0     0      0        0       33     0
                                       d) AVOID APPLICATION OF MANURE ON
                                           FROZEN GROUND
                            11.3.dc     Currently in use                                                 0     0      25       50      0      0
                            11.3.du     Unsure                                                           67    0   1 0         0       0      75
                            11.3.di     Ineffective                                                      0     0      0 1                     0
                                                                                                                               0       67     0
                                                                                                        2+0           0        1       0
                           11 1.3.de    Effective                                                        0



                                                                                   87









                          Gravel Operations
                                                                                                       Exeter Kensington          E.
                                                                                                                                Kingston
                                                                                                       PB CC PB -CC             PB    CC
                                   a) INVESTIGATE PROPOSED PIT AREAS AS
                                        PART OF PLANNING.
                          I 1.4.ac Currently in use                                                    67  0       25      50   33    50
                          11.4.au    Unsure                                                            0   0       0       0    0     0
                          11.4.ai    Ineffective                                                       0   0       0       0    0     O_
                          11.4.ae     Effective                                                        67  0       25      0    67    25
                                   b) MAINTAIN AN ADEQUATE DEPTH OF
                                        UNEXCAVATED MATERIAL ABOVE THE
                                        SEASONAL HIGH WATER TABLE, AS A
                                        FILTER.
                          I 1.4.bc Currently in use                                                    33  0       50      50   0     50
                          11.4.bu Unsure                                                               33  0       0       0    0     25
                          11.4.bi Ineffective                                                          0   0       0       50   0     0
                          1 1.4.be 1. Effective                                                        33  0       75      0    67    25-
                                   c) PROVIDE BUFFER STRIPS OF NATURAL
                                        VEGETATION BETWEEN THE PIT AND THE
                                        SURFACE WATER, WETLANDS, PUBLIC
                                        ROADS, AND PROPERTY LINES.
                          I 1.4.cc Currently in use                                                    67  0       25      50   0     75
                          I 1.4.cu Unsure                                                              0   0       0       0    0     0
                          11.4.ci    Ineffective                                                       0   0       0       0    0     0
                          11.4.ce    Effective                                                         671 0       25      50   67 1  25
                          11.5 Site Excavation and Development                                         Exeter  Kensington         E.
                                                                                                                                Kingston
                                     a) USE MUNICIPAL QUALITY MANAGEMENT                               PB CC PB CC              PB CC
                                         BY PROFESSIONAL PLAN REVIEW AND
                                         DETAILED FIELD CHECKING OF
                                         CONTRACTOR'S ONSITE INSPECTION,
                                         TESTING, AND MONITORING.
                          11.5.ac     Currently in use                                                 670         50      50   0     50
                          11.5.au     Unsure                                                           330         50      0    0     25
                          11.5.ai     Ineffective                                                      0 0         0       0    0     0
                          11.5.ae     Effective                                                        330         251     50   67 1  25-
                                     b) PROVIDE IMMEDIATE EROSION
                                         PROTECTION, SUCH AS MATTING FOR
                                         ALL CONCENTRATED FLOW AREAS.
                          11.5.bc     Currently in use                                                 670         50      50   0     23
                          11.5.bu -Unsure                                                              0 0         0       01   0  1  50
                          115 bi      Ineffective                                                      0 0         0       0    0     0-
                                      Effective                                                        1670        50      50   67    0



                                                                              88









                                     c) CONSIDER RETENTION BASINS WITH
                                          CONSTRUCTED WETLANDS TO IMPROVE
                                          WATER QUALITY WHERE DETENTION IS
                                          REQUIRED.
                           11.5.cc    Currently in use                                             671 0       25        0     0 1 25
                           11.5.cu    Unsure                                                         0   0      0        0     0     50
                           11.5.ci    Ineffective                                                    0   0      0        0     0      0
                           11.5.ce    Effective                                                    67    0     25        0    67      0
                                     d) PROVIDE POLLUTANT CONTROL BY
                                          PROFESSIONAL PLANNING, DESIGN,
                                          CONSTRUCTION, AND E%IPLEMENTATION
                                          OF BM[Ps.
                           I I.5.dc   Currently in use                                             33    0     25        0     0     25
                           11.5.du    Unsure                                                       33    0      0        0
                           11.5.di    Ineffective                                                    0   0      0        0
                           11.5.de    Effective                                                    33    0     25        0



                           12. In your opinion, which of the BMPs listed in question 11, need alteration to make them
                           more effective?
                           PB responses:
                           A   Exeter: "More town inspections of construction sites; septic system operation."
                           A   Kensington: "Education regarding home septic systems and lawn chemical applications;
                               construction a, b and c, agriculture b, c, and (d near water bodies and waterflow), gravel a, b,
                               and c and site development a and d."
                           A   E. Kingston: "Road construction and maintenance; effectiveness relates greatly to
                               enforcement. Such structures are perceived to be infringement and un- New Hampshire like.

                           CC responses:
                           @k  KensingLQn: "Spreading of manure on fields in winter is very important to wild turkey
                               survival- suggest requiring/recommending grass strips if close to stream otherwise probably
                               not a problem."
                           A
                               E. Kingston: "'I"he single nonpoint source pollution is at A. 108 and Great Brook, measured
                               at storm levels- probably caused by up river farming, 300+ cows, 18 hole golf course and
                               Bodwell's bio-soild disposal. Separately each is in compliance but together, they impact a
                               small area; if we had a code enforcement officer who was able to have the time to go door to
                               door to police such actions such as monitor construction, these BMPs may have a chance.
                               Gravel pits should have replication plan to minimize work area; I don't know any
                               department that educates the public in these topics, I know our department doesn't.
                               Although most things are good ideas. I personally don't know to what extent our town
                               monitors the activities in our town, for example I know Bodwell's septic has to meet many
                               state regulations but I have no idea if the local golf course has any restrictions for possible
                               chemical run off; those related to septic systems."








                                                                              89









                         12b. If you feel changes are needed, what would you recommend?
                         PB responses:
                         A
                         , , Ex=: "Don't know but willing to consider."
                         A   Kensingion: "More on-site evaluation prior to excavation and construction- more on-site
                             monitoring; in general locals have no idea of the significance of our watershed area a broad
                             based educational information pack should be mailed to each home."
                         W   E. Kingston: "Less spreading of salt and sand."

                         CC responses:
                             KensingtQn: "Our town is very apathetic about safeguarding natural resources- in keeping
                             with the Yankee republican mentality of 'live free or die'."
                         W, E. Kingston: "We need a set of controlled scientific experiments the courts will accept."


                         13. Currently there are no regulations that require livestock to be kept from walking
                         through rivers which directly serve as a drinking water supply. In your opinion, do you feel
                         that a regulation requiring cattle to be kept back a certain distance from the water would
                         be useful enough for you to support it?


                             Question #13
                                                 Exeter              Kensington         E. Kingston
                                                    PB        CC        PB       CC        PB        CC
                         a   Yes                    33        100        50      100        0        100
                         b   INo                    33         0         0        0         67        0
                         c   jUnsure                33         0         50       0         33        0


                         13b. If you would or would not support this type of a regulation please state why.
                         PB responses:
                             Exeter: "Don't believe too many livestock in Exeter, but great idea to regulate; I would want
                             to know the extent of this occurring, or potentially occurring prior to regulating it."
                         W   Kensington: I am not sure this would not get blown into a situation where every river and
                             stream would become considered to ban livestock; drinking water is too valuable a
                             @commodity to waste."
                         A   E. Kingston: "What about the wild animals?; would not people are more of a problem; apply
                             such structures where called for, blanket regulation will be resisted."

                         CC responses:
                         )K  Exeter: "Public health takes priority over property rights."
                         )K  Kensinglon: "Very few dairy farms left in this area and they are having a tough time and
                             would fight and resent outside meddling but it makes sense anyway; cattle make a mess of
                             everything."
                         A   E. Kingston: "It should apply to larger farms- Pollution is always a mater of scale; to keep
                             cattle from directly polluting the water; truth be told, I wouldn't care if a person has a cow or
                             two that gets into the water but if you start talking about 5,10, 15 20 or more than there is a
                             concern. I think the farmers are taking a hard hit on this. I think someone changing there oil
                             on some dead end road by the river has equal impact."




                                                                           90










                         14. To your knowledge are there farmers who have voluntarily adopted the use of buffer
                         strips when their land abuts a body of water?

                             Question #14                                  % Response
                                                Exeter               Kensington         E. Kingston
                                                    PB       cc         PB       cc         PB       cc
                         a Yes                      33        50        0         0         33        0
                         lb INo                 1   0         0      1  25       50         33       25
                         Ic JUnsure                 67        50     1  75       50         33       50




                         15. In your opinion, what are the most effective way(s) to ensure the use of Best
                         Management Practices?
                             Question #1                  Exeter           Kensington         E. Kingston
                                                            PB       CC       PB        cc         PB         cc
                         a   Provide training or            100      50       50        100        0          75
                             Itechnical assistance                                            I
                         b   People do them voluntarily      33      0        0         0          33         25
                         c   Regulate BMPs                   33   1  0        50        50         0          25
                         d   Provide Incentives              33      50       50        100        67         25
                         I
                         e   Other                           33      50   1   25   1    0          0          0     1
                         flUnsure                            0       0        0         0          0          L-i

                         PB responses:
                         W Exeter: "(Other): Inspection and Enforcement."
                         A Kensinglon: "(Other):Close scrutiny of BMP to be sure they are not getting to a point of
                             over kill."


                         CC responses:
                         W Exeter: "(Other response): Public education campaign."
















                                                                          91










                      16. In your opinion, what is the best approach for reducing nonpoint source pollution in
                      your town?


                           Question # 16
                                                 Exeter         Kensington    E. Kingston
                                                   PB     CC      PB CC         PB       CC
                      a    Policies/regulations     0      0       0     0       0        0
                      b    Best Management         33      0      25     0      67       25
                           1 Practices
                      c    A combinat on           67     100     75    100      0       75
                           of policies/regs,
                           and BMPs              I      I       I     I
                      d    Other                    0      0    1 25  1  0       0        0
                      r                          I                           I       I
                      PB response:
                      A Kensington: (Other: increase knowledge)

                      ------ ------------------------------------------------------------------------------------------------------


                      16 b. Why?
                      PB response:
                      .4; Exeter: "Need both regulations and construction BMPs used with inspections and
                         enforcement; we do not want to over regulate."
                      W  E. Kingston: "We would resist regulations."

                      CC Response:
                      X  Exeter: "Flexibility and balance."
                      X  KensinMn: "Local people especially the 'old guard' resent and resist may infringement on
                         their rights. They believe a landowner should be able to do whatever they want on their
                         land. Even some conservation commission members feel that way."
                      X  E. Kingston: "I believe a combination has a broader base of effectiveness; BMPs are less
                         regulatory and easier to implement without forcing them on people."




















                                                                  92











                         QUESTIONS WHICH WHERE ASKED TO ONLY PLANNING BOARD MEMBERS


                         17. Below is a list of possible barriers and constraints when monitoring for compliance
                         with regulations. Out of a scale of 1-6, 1 indicates the least of a barrier and 6 is the greatest
                         barrier.         -- 7Question # 17        T
                         A. LACK OF PERSONNEL TO MONITOR
                         Least Barrier            Exeter             Kensington         E. Kingston
                                                1          33                 0                     33
                                                2         0                   0                     0
                                                3         0                   25                    0
                                                4         0                   25                    33
                                                5          67                 50                    33
                                                6         0                   25                    0
                         lGreatest Barrier



                         B. INSUFFICIENT FUNDING TO DO EFFECTIVE MONITORING
                         Least Barrier Exeter                    Kensington           E. Kingston
                                       1            33                    0                         33
                                       2            33                    0                         0
                                       3            33                    25                        33
                                       4             0                    25                        0
                                       5             0                    50                        0
                                       6             0                    25                        33
                         Greatest
                         jBarrier        I



                         C. EXISTING REGULATIONS ARE NOT AIDING IN MONITORING
                         PROCESS
                         Least Barrier        Exeter               Kensington          E. Kingston
                                           1            0                     0                     0
                                           2           33                     0                     100
                                           3           33                     75                    0
                                           4            0                     0                     0
                                           S           33                     2S                    0
                                           6            0                     0                     0
                         lGreatest Barrier








                                                                          93









                          D. INADEQUATE COMMUNICATION BETWEEN DECISION
                          MAKING BODIES
                          Least Barrier Exeter                   Kensington            E. Kingston
                                         1          33                     0                   0
                                         2          0                      0                   100
                                         3          67                     25                  0
                                         4          0                      50                  0
                                         5          0                      25                  0


                          Greatest
                          Barrier




                          E. DIFFICULTY IN LOCATING PROPOSED SITES/AREAS ONCE
                          THEY ARE COMPLETED
                          Least Barrier Exeter                   Kensington            E. Kingston
                                         1          33                     50                  0
                                         2          33                     0                   33
                                         3          0                      25                  67
                                         4          33                     0                   0
                                         5          0                      0                   0
                                         6          0                      0                   0
                          Greatest
                          jBarrier       I


                          18. What tools do you use to enforce the regulations/ policies related to nonpoint source
                          pollution in your town?


                               Question # 18
                                                                    Exeter      Kensington       E. Kingston
                          a    Fines                                    0              0              33
                          b    Written notice of violation             100             75             33
                          c    lVerbal notification of violation       100             100            33
                          d    Utilization of performance bonds        100             75               0
                          e    Legal action                            67              50             33
                          f    Report the incident to DES'             67              25             33
                          g    Other                                    0              0









                          3Department of Environmental Services


                                                                           94








                      19. Overall, how would you 'rate your town's regulations and Best Manag ement Practices
                      in controlling nonpoint source pollution?


                                        Question #19
                      Extremely         Exeter             Kensington E. Kingston
                      ineffective


                                      2          0               0               0
                                      3          0               50              0
                                      4         67               75             100
                                      5         33               0              0


                      Extremely
                      effective




                      20. What has been the duration of time you have served on the Planning Board?

                           Question #20
                                            Exeter           Kensington       E. Kingston
                      a    0-Month                  0                0                 0
                      b    I Month- 6               0                25                0
                           IMonth
                      c    6 Months- I Year         0                0                 0
                      d    I Year- 3 Years         67                25               33
                      e    Greater than 3          33                50               67
                           Years            I                I                I                I

                      W   Exeter: "(Greater): Six years."
                      A
                          KensinglQn: "(Greater): Four years; more than ten years."
                      A'  E, Kingston: "(Greater): Twenty years."




















                                                                  95









                        21. When reviewing subdivision design plans who usually participates in the review
                        process?

                           Question #21
                                                Exeter           Kensington        E. Kingston
                        a  Planning Board              67                  100             100
                           IChair
                        b  Planning Board              100                 100             100
                           Members
                        c  Health Code                 67                  75              33
                           Enforcement
                           lOfficer
                        d  Engineer                    100                 100             67
                        e  Building Inspector          33                  0               100
                        f  Regional Planning           33                  0               100
                           Commission
                        g  Conservation                100                 so              100
                           lCommission
                        h  jApplicant                  100                 75              100
                        i  10ther                      33                  0               0

                        W  Exeter: "(Other): Especially good to have reviewed by Ed Minnick, RCCD engineer; fire
                           and police dept."


                        22. In your opinion, how effective are your town's erosion and sediment controls for
                        minimizing site disturbance?

                                                  Question #22


                        Extremely Ineffective      Exeter         Kensington E. Kingston
                                                 1       0                 0               0
                                                 2       0                 0               0
                                                 3       0                 0               0
                                                 4       33                0              33
                                                 5       67                100             0
                                                 61      0                 0    1         33
                       lExtremely effective











                                                                      96









                       23. While an applicant is in the construction process how often does on site inspection
                       occur to ensure erosion and sediment controls are in place and functioning?

                            Question #23
                                                    Exeter          Kensington      E. Kingston
                       a    Routinely                      33              50               67
                            During major storm             0               0                0
                            events
                       c    Not at all                     0               0                0
                       d    Other                          0               50               0
                       e    Unsure                         67              0                33


                       W    Exeter: "Should be weekly."
                       A    Kensin=n: "(Other): On occasion and upon request by Board chair; sporadic


                       24.  To your knowledge what measures are taken to ensure compliance to erosion and
                       sediment controls?


                       A' Exeter: "Periodic inspection, verbal warnings and up the line; inspections; site inspections."
                       A Kensing!Qn: "Town engineer inspects; routine monitoring by town engineer."
                       A E. Kingston: "Conservation chairman and building inspector check on it; close monitoring
                            by building inspector and Planning Board."


                       25. In your opinion, how effectively have the subdivision regulations for erosion and
                       sediment control, septic system installation, and stormwater treatment been carried out in
                       your town?

                                             Question #25
                       Extremely             Exeter             Kensington     E. Kingston
                       Ineffectively
                                            1        0                0                0
                                            2        0                0                0
                                            3        0                0                0
                                            4        0                50               33
                                            5       67                25               33
                                            61      33        1       25               33
                       lExtremely effectively I










                                                                      97









                        26. How effective are subdivision and site plan review regulations for min imizing nonpoint
                        sources of pollution?

                                              Question #26
                        Extremely ineffective Exeter           Kensington        E. Kingston
                                              I        - 0               0               0
                                              2        0                 0               0
                                              3        0                 0               0
                                              4        67                50              33
                                              5        33                50              33
                                              61       0                 0               33
                        lExtremely effective

                        26b. If you indicated 3 or less in your answer to #26 please explain why you believe this is
                        the case?


                        W Exeter: "I haven't specifically read them to verify what our regulations say on this item."




                        27. Have you encountered any problems in implementing regulations/decisions that affect
                        noupoint source pollution?


                           Question #27
                                              Exeter           Kensington         E. Kingston
                        a  Yes                         0                 0                0
                        b  No                          67                50               33
                        ic jUnsure            1        33                50      1        67


                        27b. If you answered yes to question #27, please explain examples of the problems
                        encountered?



                        27c. What suggestions would you make for the problems listed above?



                        28. In your opinion, as a Planning Board member are there any types of training sessions
                        which are currently not in place that you would like to see initiated?
                            Question 428      Exeter            Kensington        E. Kingston
                        a   Yes                        0                 75               0
                        b  No                          100               25               67
                        ic jUnsure                     0                 0                33



                                                                      98










                      28b. If you answered yes to # 28 what types of training sessions would be the most
                              effective?


                      A Exeter: "Are you aware of the 2 times a year training now offered to PB and ZBA members
                          by the NH Office of State Planning? They are great!"
                      Kensingion: "More information sessions on nonpoint source pollution especially construction
                      and BMPs; more frequent Planning Board training sessions more available seminars on land use
                      and controlling effects of development as this relates to maintaining healthy conditions of man in
                      our environment; I believe a position paper by a specific reputable organization- also community
                      mailing bitting highlights of position paper."



                      29. Do you live in the same town where you serve in a decision making capacity?

                         Question #29
                                           Exeter           Kensington        E. Kingston
                      a Yes                        100              100               100
                      lb No                1        0       1        0        1       0        1


                      30. Do you own property adjacent to the Exeter River or one of its tributaries?
                         Question #30      Exeter           Kensington        E. Kingston
                      a Yes                        33                0                100
                      b No                         67               100               0




                      31. What is your age category (circle one set):
                         lQuestion #11      Exeter           Kensington        E. Kingston
                      a  15-19                       0               0                0
                      b  20-29                       0               0                0
                      c  30-39                      33               0                0
                      d  40-49                      33               75               0
                      e  50-59                      33               25               67
                      f  60-69                       0               0                0
                      g  70+                         0               0                33










                                                                   99









                           32. How do you use the Exeter River or its tributaries?

                              Question #32
                                                   Exeter                Kensington          E. Kingston
                           a  Drinking water                 33                   0                  0
                           b  Camping                        0                    0                  0
                           c  Fishing/ Hunting               0                    25                 67
                           d  Bird watching                  67                   0                  33
                           e  Recreational                   33                   0                  0
                              Boating
                           T- Swimming                       33                   0                  0
                           Ig 10ther                         0                    0                  0


                           33. Are you male or female?

                              Question #33
                                                 Exeter               Kensington          E. Kingston
                           a Female                        33                 25                   0
                              Male                         67                 75                   100




                           34. What is your primary occupation?

                              Question #34
                                                             Exeter           Kensington           E. Kingston
                           a  Homemaker                        0                    0                    0
                           b  Trade                            0                    0                    0
                           c  Managerial                       0                    50                   0
                           d  Scientist                        0                    0                    0
                           e  Educator                         0                    0                    0
                           f  Public Official                  0                    0                    0
                           9  Service                          33                   0                    0
                           h  Profession                       33                   25                   0
                           i  Student                          0                    0                    0
                           j  Agriculturist                    0                    0                    33
                           k  lRetail/Business                 0                    0                    0
                           1  IManufacturing                   0                    0                    0
                           m  10ther                           33                   25                   67

                           A  Exeter: "(Other): Licensed professional civil engineer in private consulting practice
                           A  Kensingion: "(Other): Landscaper."
                           A  E. Kingston: "(Other): Veterinarian; retired."
                           @
                           b

                           c
                           d

                           e






































































                                                                            100









                      35. Please indicate your highest level of education.
                      -   Question #35          Exeter          Kensington         E. Kingston
                      a   Some High School             0                 0                0
                      b   High School Diploma          0                 0                0
                      c   Some College                 0                 25               33
                      d   Bachelors Degree              67               50               0
                      e   Masters Degree                33               25               33
                      f   Ph.D., ED, or                0                 0                0
                      @
                           quiva en
                      g   jPostgraduate                0                 0                33
                          Professional Degree




                      ADDITIONAL COMMENTS


                      A   Exeter: "Thank you very much for your time and effort to collect this research. I look
                          forward to receiving the results. As stated I would like to see the scientific evidence which
                          demonstrates the effectiveness of these policies. What about pollution levels from on sewer
                          treatment plant? I feel that a lot could be done in Exeter to promote conservation (as
                          Hampton Water Works does) low flow fixtures sold at cost by Water Dept., educational
                          handouts included in bills etc.;

                          "I am employed by the Rockingham County Conservation District which assists the town of
                          Exeter in subdivision reviews and witnessing test pits for septic systems. We also wrote the
                          Stormwater Handbook."
                      g
























































                                                                 101














                                                             APPENDIX 111-1




                             POLLUTION POTENTIAL INDEX NUMBER FROM RIPARIAN LAND USES
                                                        AROUND GREAT BROOK



                        1. Best Management Practices:
                               It is important that Best Management Practices (BMPs) be designed to address the
                        causes of nonpoint sources of pollution that arise from particular land mangement practices, not
                        just to manage the results of inadequate practices. Clearly, combinations of management
                        practices may be required. For example, pesticide application BMPs should be used in
                        combination with requirements for vegetative buffer zones in riparian areas to reduce the risk of
                        NPS pollution from the use of pesticides. Most BMPs, unlike regulations, are implemented
                        voluntairly by landowners with the technical assistance of regional and state agencies. However,
                        once implemented, local municipalities and the State usually do no do follow up inspections of
                        BMPS currently in use unless they are informed by a public complaint. Therefore the landowner
                        must initiate the necessary changes to maintain or upgrade BMPS.

                        2. Regulations:
                               Land use policies and regulations have been created in New Hampshire in an attempt to
                        minimize and monitor land uses to reduce potential sources of pollution. Specific regulations
                        pertain to different land uses. Similar to BMPs, combinations of regulations should be used on-
                        site. Regulations should be monitored and enforced by state and local authorities to reduce a
                        varitey of types of pollution which may become introduced in runoff..

                        1 Monitoring and Enforcement:
                               Having BMPs and regulations implemented on-site is just the initial step in reducing
                        NPS from land uses. These management strategies must be inspected to determine if they are
                        operating correctly to carry out their intended function. If inadequacies are detected steps must
                        be taken to correct the practice or ensure that existing regualtions are being used appropriately.

                               The combination of utilizing appropriate BMPs and land use regulations as well as
                        determining if those measures are being monitored and enforced reduces possible sources of
                        nonpoint pollution from leaving a site.

                               A potential to pollute index matrix was generated below. Within the matrix is a list of
                        regulations and BMPs associated with the Great Brook watershed. The eight sites shown on the
                        GIS map will be included in this matrix. Each site will show which regulations and BMPs are
                        being used, if they are monitored and enforced. If the regulation has been implemented,
                        monitored or enforced an X will be put under that category. If the policy or regulation has not
                        been implemented, monitored, or enforced a I will be put next to that category.
                        X= 0 points
                        1= one point



                                                                 102










                       The points will be added for each site. The greater the number of points the higher the
                       potential to pollute the lower the number the less of a potential the site contribues to NPS-

                       BEST MANGEMENT PRACTICES IN GREAT BROOK WATERSHED


                       Best Management Practices for Livestock Farms

                        BMP

                        Control access of livestock to water bodies
                        Maintain vegetative buffer strips next to surface waters.
                        Divert runoff away from barnyards and feedlots.
                        When and where feasible compost manure.
                        Store manure in constructed facilities when land application is not feasible.
                        Maintain a balance between the number of livestock and acres of agr. land
                        available for spreading manure.
                        Utilize soil tests to determine background levels of nutrients and soil pH.
                        Keep accurate fertilizer and manure application records.



                       Best Management Practices for Cropland Farms

                        BMP
                        Maintain vegetative buffer strips next to surface waters.
                        Access all available nutrients including manure and other organic sources and
                        legume contributions.
                        Use realistic growth expectations and appropriate timing for application of
                        chemical fertilizer.
                        Diversify crop rotations to include crops that can utilize residual nitrogen,
                        where appropriate.
                        Use of conservation tillage.



                       Best Management Practices for Septic Systems

                        BMP
                        Know the location of your tank and leaching area.
                        Inspect your tank yearly. If the sludge and surface scum combined are as thick
                        as 1/3 the liquid depth of your tank, have the tank pumped out by a licensed
                        pumper.
                        Do not flush toxic materials such as paint thinner, pesticides, or chlorine into
                        your system since they kill the bacteria in the tank.










                                                                 103










                       Best Management Practices for Golf Courses

                         BMPs
                         Leave a buffer strip between fields sprayed with fertilizers and pesticides and
                         water bodies.
                         Apply pesticides only when needed.
                         Hire a licensed applicator for pesticide application
                         Store and handle pesticides properly, according to State and Federal
                         regulations.
                         Do not spray or apply pesticides on windy days or before a heavy rain storm.
                         Use realistic growth expectations and appropriate timing for application of
                         chemical fertilizer.



                       REGULATIONS USED IN THE GREAT BROOK WATERSHED


                       Regulations for Pesticide Use
                       Regulations
                       RSA 43 0 28-48, the Pesticide Controls law, requires pesticide applications to
                       obtain from or to be licensed by the Pesticides Control Board, within the NH
                       Department of Agriculture, prior to application. 'Each pesticide sold in the state
                       must be registered annually. Private and commercial applicators are required to
                       submit annual reports of pesticide usage describing the types and amounts of
                       pesticides uses, and the type of crop and acreage if applicable. The Pesticides
                       Control Board has adopted rules, 100- 1000, which addresses handling and
                       storage of pesticides and setbacks from water resources.
                       RSA 485-A: 4 XI (Duties of the Water Supply and Pollution Control Division),
                       NHDES is required to scientifically measure and monitor residual pesticides in
                       the waters and in the aquatic resources in the waters of the state.
                       Special permits are required for application under "special conditions," such as
                       application to public water-supply watersheds, rights-of-ways, aerial
                       applications and aquatic applications (Pes 603.03). NH code of Administrative
                       Rules lists several prohibitions on pesticide use regarding water quality.

                       Regulations for Septic systems
                       Regulations
                       RSA 485 gives the DES authority to regulate septic systems, Design, operating,
                       and permit requirements are found in Administrative Rule Env-Ws 1000.
                       All subdivisions creating lots smaller than 5 acres to obtain approval from Des,
                       except within protected shoreland areas where all lots regardless of their size,
                       require approval from DES (RSA 483-B).
                       All work must be performed by a licensed septic system designer and/or
                       installer, unless done by the homeowner for a primary residence.
                       Approvals are also required for all individual septic system designs prior to
                       construction, and for septic system operation prior to backfill.




                                                                  104











                        Regulations for Agricultural Lands
                        Regulations
                        RSA 431- 33-35, Manure, Agricultural Compost, and Chemical Fertilizer
                        Handling, required the NH Department of Agriculture to develop best
                        management practices for handling these materials. The department is required
                        to investigate complaints of improper handling. If the department finds that
                        improper handling is caused by failure to use BMPs, the person must be notified
                        of the findings in writing and must submit a plan for compliance with BMPs if
                        corrections have not been made within 10 days of notification. If the fanner does
                        not comply, NHDA notifies NHDES and or the local health officer and
                        enforcement action is taken by NHDES (under RSA 485 A: 12) or by the local
                        health officer (under RSA 147: 4).
                        Although RSA 485-A: 17 111 exempts "normal agricultural operation" from the
                        Alteration of Terrain permit requirements, ENV-Ns 415.03 (c) requires such a
                        permit for "conventional agricultural tillage operations only if water quality
                        degradation is demonstrated to occur.
                        Erosion problems addressed under RSA 485-A would typically be handled in an,
                        informal manner, in which representatives of NHDES, NHDA, and USDA
                        would meet to determine the most appropriate BMPs needed to correct the
                        problem under consideration.
                        (Exeter): Permitted agricultural use in the Shoreland District: Agriculture that
                        such uses will not cause increases in surface or ground water contamination by
                        pesticides, fertilizers or will not cause or contribute to substantial soil erosion
                        and stream sedimentation. No clear cutting of natural vegetation within the
                        vegetated buffer shall be permitted. All pesticide applications shall be
                        conducted in strict accordance with the requirements in N.H. RSA. 430: 28
























                                                                    105













                                                      POLLUTION POTENTIAL MATRIX



                   LAND USE'                                          Farm I  Farm 2 Farm 3 Farm 4 Farm 5 Golf C. Pond  Res.
                   LAND USE TYPE                                      Crop
                                                                      Farm
                   SITE CHARACTERISTICS
                   DISTANCE TO WATER BODY
                   < 50'
                   100,
                   >150'
                   JURISDICTION
                   E. Kingston
                   Exeter
                   Kensington                                         Ken.

                   REGULATIONS
                   Regulations for Septic Systems      I   Mon.  Enf
                   RSA 485 gives the DES authority to regulate
                   septic systems. Design, operating, and permit
                   requirements are found in Administrative Rule
                   Env-Ws 1000.
                   All subdivisions creating lots smaller than 5 acres
                   to obtain approval from DES, except within
                   protected shoreland areas where all lots regardless
                   of their size, require approval from DES (RSA
                   483-13).
                   All work must be performed by a licensed septic
                   system designer and/or installer, unless done by
                   the homeowner for a primary residence.


                    Farm 1: Shaw's Hill, Farm 2: Dan Bodwell, Fann 3: Hal Bodwell, Farm 4: Robert Marston, Farrn 5: Patricia O'Shea, GC: E. Kingston Golf Course, Pond: Sandra
                   Bennet, Re& Residential housing.



      MMMMIMM. MMMMMMMMMM



                             Approvals are also required for all individual
                             septic system designs prior to construction, and for
                             septic system operation prior to backfill.
                             Regulations for Pesticide Use
                             RSA 430 28-48, the Pesticide Controls law,
                             requires pesticide applications to obtain from or to
                             be licensed by the Pesticides Control Board, within
                             the NH Department of Agriculture, prior to
                             application. Each pesticide sold in the state must
                             be registered annually. Private and commercial
                             applicators are required to submit annual reports of
                             pesticide usage describing the types and amounts
                             of pesticides uses, and the type of crop and
                             acreage if applicable. The Pesticides Control
                             Board has adopted rules, 100- 1000, which
                             addresses handling and storage of pesticides and
                             setbacks from water resources.
                             RSA 485-A: 4 XI (Duties of the Water Supply and
                             Pollution Control Division), NHDES is required to
                             scientifically measure and monitor residual
                             pesticides in the waters and in the aquatic
                             resources in the waters of the state.
                             Special permits are required for application under
                             "special conditions," such as application to public
                             water-supply watersheds, rights-of-ways, aerial
                             applications and aquatic applications (Pes 603.03).
                             NH co e of Administrative Rules lists several
                             prohibitions on pesticide use regarding water
                             quality.











                              Regulations for Agricultural Lands
                              RSA 431- 33-35, Manure, Agricultural Compost,
                              and Chem   iical Fertilizer Handling, required the NH
                              Department of Agriculture to develop best
                              management practices for handling these materials.
                              The department is required to investigate
                              complaints of improper handling. If the
                              department finds that improper handling is caused
                              by failure to use BMPs, the person must be
                              notified of the findings in writing and must submit
                              a plan for compliance with BMPs if corrections
                              have not been made within 10 days of notification.
                              If the farmer does not comply, NHDA notifies
                              NHDES and or the local health officer and
                              enforcement action is taken by NHDES (under
                              RSA 485 A: 12) or by the local health officer
                              (under RSA 147: 4).
                              Although RSA 485-A: 17 111 exempts "normal
                              agricultural operation" from the Alteration of
            00
                              Terrain permit requirements, ENV-Ns 415.03 (c)
                              requires such a permit for "conventional
                              agricultural tillage operations only if water quality
                              degradation is demonstrated to occur.
                              Erosion problems addressed under RSA 485-A
                              would typically be handled in aft informal manner,
                              in which representatives of NHDES, NHDA, and
                              USDA would meet to determine the most
                              appropriate BMPs needed to correct the problem
                              under consideration.











                              LAND USE NAME                                                               Farm I     Farm 2     Farm 3      Farm 4      Farm 5      Golf C.      Res.      Pond


                              BEST MANAGEMENT PRACTICES                       I     Mon. Enf.
                              BMPs for Livestock Farms
                              Control access of livestock to water bodies
                              Maintain vegetative buffer strips next to
                              surface waters.
                              Divert runoff away from barnyards and
                              feedlots.
                              When and where feasible compost manure.
                              Store manure in constructed facilities when
                              land application is not feasible.
                              Maintain a balance between the number of
                              livestock and acres of agr. land available
                              for spreading manure.
                              Utilize soil tests to determine background
                              levels of nutrients and soil pH.
                              Keep accurate fertilizer and manure
                              application records.
                              BMPs for Cropland Farms
                              Maintain vegetative buffer strips next to
                              surface waters.
                              Access all available nutri@nts including
                              manure and other organic sources and
                              legume contributions.
                              Use realistic growth expectations and
                              appropriate timing for application of
                              chemical fertilizer.
                              Diversify crop rotations to include crops
                              that can utilize residual nitrogen, where
                           P appropriate.










                            Use of conservation tillage.
                            BMPs for Septic Systems
                            Know the location of your tank and
                            leaching area.
                            Inspect your tank yearly. If the sludge and
                            surface scum combined are as thick as 1/3
                            the liquid depth of your tank, have the tank
                            pumped out by a pumper.
                            Do not flush toxic materials such as paint
                            thinner, pesticides, or chlorine into your
                            system since they kill the bacteria in the
                            tank.
                            1IMPs for Golf Courses
                            Leave a buffer strip between fields sprayed
                            with fertilizers and pesticides and water
                            bodies.
                            Apply pesticides only when needed.
                            Hire a licensed applicator for pesticide
                            application
                            Store and hanile pesticides properly,
                            according to State and Federal regulations.
                            Do not spray or apply pesticides on windy
                            days or before a heavy rain storm.
                            Use realistic growth expectations and
                            appropriate timing for application of
                            chemical fertilizer.
                            Total number-- Potential to pollute index number














                                                                                                    APPENDIX 111-J




                                                                              RIPARL&N LAND USES AROUND GREAT BROOK



                                 Polygon      Regulation/town Jurisdictional Enforcement/Monitoring                         Landuse       Proximity to Current BMPs being
                                 number                                Authority                 occuring                Type/Land            river        usedleffectiveness
                                                                                                                            Cover


                               Farm     I * Under RSA 431:            Kensington       The State commissioner of            Cropland      Approx. 80- Conservation tillage -
                                              33-35 a complaint         Planning        agriculture enforces RSA         and pasture     100 ft.-This is   Composting manure -
                                               driven Manure             Board,        431 33-35. RCCD, through             Cover- 5      a buffer from.   Manure stored during
                                              Mgnt. Program is        Selectmen,         a district conservationist,        acres of      Cropland to        winter - Fertilizer
                                                 in place. If a        town HO,          will monitor those farms           corn, also   wetland edge. records are kept to
                                              problem arises the      Rockingham         who receive aid from the           tomatoes,            2         determine rates/year.
                                                NH Ag. BMP               County         US Farm Service Agency.             peppers,                       - Crop rotation - Use
                                                  manual is          Conservation         OSP and DES monitor               squash,                        of filter strips next 3to
                                               implemented. If           District              water quality.            flowers, hay.                       surface waters.
                                                farmers want          (RCCD)NH
                                               federal aid they     DES, NH OSP.
                                                    need a
                                              conservation plan.

                                  Farm 1:  Shaw's Hill farm; Farm 2: Robert Marston; Farm 3: Patricia O'shea;            Farm 4: Hal Bodwell; Farm 5: Dan Bodwell;

                                 HO: Health Officer, RCCD: Rockingham County Conservation District, RPC: Rockingham Planning Commission, NH DES New
                                 amps ire epartment of Environmental Services.
                               2   11 distances were approximated using aerial photography and on site inspection.
                               3 Source: Interview with landowner, Allen Tuthill.













                              Polygon Regulation/town Jurisdictional Enforcement/Monitoring                          Landuse Proximityto Current IBMPs being
                               number                              Authority                 occuring              Type/Land           river        used/effectiveness
                                                                                                                      Cover
                             Farm     2     See above State        E. Kingston       See above enforcement           Livestock       200-250 ft.-   Composting manure.
                                                and town            Planning                 measures              farm -(cows,      from York        Maintaining filter
                                               regulations.        Board, town                                       chickens,        Brook a       strips next to surface
                                                                       HO,                                            goats,         tributary to     waters receiving
                                                                   Rockingham                                      sheep)Cover     Great Brook.     runoff from crop fields
                                                                     County                                          - pasture       400 ft from      where manure is
                                                                   Conservation                                      and forest    Great Brook        applied. Use soil
                                                                     District                                          cover         which is        tests to determine
                                                                   (RCCD) NH                                                         across the     background levels of
                                                                 DES, NH OSP.                                                     street and RR     nutrients and soil pH.
                                                                                                                                   tracks, in the   Store manure during
                                                                                                                                                                   5
                                                                                                                                      woods.               winter.
                             1
                             4 Source: E. Kingston Zoning Ordinance Manual.
                             5 Source: Interview with Robert Marston









                                   Polygon Regulation/town Jurisdictional Enforcement/Monitoring                                      Landuse         Proximity to Current BMPs being
                                    number                                    Authority                    occuring                  Type/Land               river         used/effectiveness
                                                                                                                                        Cover
                                  Farm      3      See above town            E. Kingston         See above Enforcement Pasture land                   Apprximately          @@-ontrol access of
                                                       and State               Planning                   measures.                    Arabian           75-100 ft          livestock to water
                                                      regulations               Board,                                               horse farm         away from            bodies. Manage
                                                     pertaining to           Selectmen.                                                               Great Brook.         pastures to reduce
                                                      agricultural            town HO,                                                                                      concentrations of
                                                        landuse.            Rockingham                                                                                           manure.
                                                                               County                                                                                      Composting/storing
                                                                           Conservation                                                                                  of manure. Using soil
                                                                                District                                                                                   tests to determine
                                                                            (RCCD) NH                                                                                    background levels of
                                                                          DES, NH OSP.                                                                                   nutrients and soil pH.
                                                                                                                                                                                      6
                                16 Source: Interview with Patricia Oshea.

                                   Polygon Regulationitown Jurisdictional                       Enforcement/Monitoring                Landuse         Proximity to      Current BMPs being
                                   number                                    Authority                    occuring                  Type/Land               river         usedleffectiveness
                                                                                                                                       Cover
                                                  -@e -ea b c
                                 Farm      4      See above town            E. Kingston          See above enforcement                Livestock       Approx. 300           Contolling runoff
                                                      and State               Planning                    measures                      Farm,             ft. to a        from barnyards and
                                                      regulations              Board,                                               *230 cows,           tributary           feedlots using
                                                     pertaining to          Selectmen,                                               *200 acres        which runs       constructed wetlands.
                                                      agricultural           town HO,                                                  tillable/        into Great       Manage pastures to
                                                       landuse.             Rockingham                                                useable              Brook.                 reduce
                                                                               County                                                                                      concentrations of
                                                                           Conservation                                                                                 manure. Composting
                                                                               District                                                                                  manure. Storage of
                                                                            (RCCD) NH                                                                                   manure when ground
                                                                          DES, NH OSP.                                                                                  is frozen. Use of soil
                                                                                                                                                                        tests to monitor      PH.   7
                                17 Source: In'terview with Hal Bodwell.













                         Polygon    Regulationitown Jurisdictional Enforcement/Monitoring         Landuse     Proximity to Current IBMPs; being
                          number                         Authority            occuring           Type/Land        river      usedleffectiveness
                                                                                                    Cover
                        Farm    5     RSA 485-A:29-     E. Kingston   The EPA, DES and RCCD       Farm with   Property runs   Currently using a
                                    485-A:44 requires    Planning      have aided D. Bodwell in   about 30     adjacent to     holding tank and
                                      submission of       Board,       funding and buidling the  cows. Owns   Great Brook.  series of constructed
                                     plans to DES for   Selectmen,   constructed wetlands. DES     or rents      Septic       wetland ponds to
                                     sewage disposal     town HO,    will monitor water quality for aboul:100 application is improve septic waste.
                                    systems and also    Rockingham      2 years. Groundwater       acres of    not occuring   Maintaining a 100'
                                        sets forth        County      wells are located within the  land.     near GB, only   buffer from Great
                                     procedures and    Conservation    wetlands and throughout                   manure      Brook when applin
                                    penalties. Also see   District         Dan's property.                     application.  livestock manure.
                                     the above State    (RCCD) NH
                                      regulations. E. DES, NH OSP,
                                     Kingston septic       EPA.
                                      regs: 14.3.1-
                                     14.3.19 in the E.
                                     Kingston Zoning
                                       Ordinances.
                        18 Interview with Dan Bodwell, tour of the constructed wetlands led by the DES and EPA, water quality monitoring data from the DE=












                            Polygon     Regulation/town Jurisdictional Enforcement/Monitoring              Canduse      Pr ximity to      Current BMPs
                            number                            Authority              occuring             Type/Land         river              being
                                                                                                             Cover                     used/effectiveness
                               #6       RSA 485 A: 12-44     E. Kingston     Upon public complaint the     grass and    Approx. 100
                            Resident        explains           Planning     HO will go to the site, make     forest           ft.
                             Septic       enforcement,          Board, .      recommendations. The
                            Systems        installation,     Selectmen,     DES will assist. If changes
                                        maintence, safety     town HO,       are not made fines can be
                                        regs and penalties   Rockingham        imposed until system
                                        for septic systems.    County          becomes operational
                                        Town regulations:   Conservation
                                        Under Article IV:       District
                                          D.1-D.6 in the     (RCCD)NH
                                        E.Kingston Zoning  DES, NH OSP.
                                        Ordinance Manual.













                      Polygon   Regulationitown Jurisdictional Enforcement/Monitoring Landuse    roximity to  Current BMPs
                      number                     Authority          occuring        Type/Land      river          being
                                                                                       Cover                used/effectiveness


                      #7        RSA 430: 28-48   E. Kingston   NH Pesticide Control    grass,    adjacent to
                      East      explains appliction Planning  Board, NH DES, EPA, E. wetlands    the river.
                      Kingston    for license,     Board,    Kingston CC all do on-site and forest
                      Golf      inspections of soil Selectmen, inspections of the course.
                      Course    and water that the town HO,   DES and EPA take soil
                                 believed to be Rockingham          samples.
                                  exposedto        County
                                pesticides. RSA Conservation
                                485: 17: fuilds put District
                                into rivers, lakes (RCCD)NH
                                  which cause  DES, NH OSP.
                                   pollution.











                               Polygon      Regulation/town Jurisdictional Enforcement/Monitori g                     Landuse         Proximity to      Current BMPs
                               number                               Authority                 occuring               Type/Land           river                being
                                                                                                                        Cover                        usedleffectiveness


                                  #8        Septic regulations      E. Kingston                                         grass           Pondin
                                Sandra            apply.             Planning                                                         Benett's front
                               Benett-                                Board,                                                          yard drains
                                Geese                               Selectmen,                                                        directly into
                                 Pond                                town HO,                                                         Hobbs Brook
                                                                   Rockingham                                                         a tributary to
                                                                      County                                                          Great Brook
                                                                   Conservation
                                                                      District
                                                                      (RCCD)



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