RMAC Letter of Testimony

Voting Members: Michele L. Tremblay N.H. Rivers Management and Protection Program Chair Conservation N.H. Rivers Management Advisory Committee Community Larry T. Spencer Chair January 30, 2018 Conservation Commissions The Honorable Kevin Avard Edna Feighner Chair, Senate Energy and Natural Resources Committee Historic/Archeological State House, Room 103 Interests Concord, NH 03301 Mark Lombardi Granite State Hydropower RE: SB 529 An act authorizing river maintenance in the town of Warren. Association Frederick J. McNeill Dear Chair Avard and Members of the Committee: Municipal Officer Roger Noonan The Rivers Management Advisory Committee (RMAC) appreciates the opportunity to Agricultural Community comment on SB529, which authorizes the town of Warren to remove timber from the Allan G. Palmer Baker River without getting or paying for a permit, and dredge the river without a Business & Industry Association dredge and fill permit. The RMAC opposes this bill because it sets a dangerous precedent of allowing local governments to bypass state laws and, depending on the James W. Ryan NH Fish & Game project, federal Army Corps of Engineers regulations. Commission Norman Sims The RMAC advises on the management of not only the eighteen designated rivers and Recreational Interests river segments in New Hampshire, but on all New Hampshire rivers. The Baker River Ruth Ward is not itself a designated river, but it is one of the primary tributaries to the state Local River Management Advisory Committees designated Pemigewasset River, which then joins with the Winnipesaukee River to form the designated upper Merrimack River. Therefore, activities in and around the Donald L. Ware Public Water Suppliers Baker River have the potential to impact the designated rivers downstream as well. Non-Voting Members: Paragraph I of SB 529 would allow the town of Warren to remove timber and debris Jennifer Gilbert from the Baker River, presumably without a permit. The New Hampshire Department NH Office of Strategic Initiatives of Environmental Services (NHDES) encourages landowners to leave large woody Mark Hemmerlein debris in rivers as it creates important fish and wildlife habitat. However, NHDES also NH Department of understands the desire for boating on our rivers as well as the need to protect Transportation infrastructure such as bridges, and thus does not regulate the non-mechanized removal Patrick Hummel of large woody material and trash, or its removal by mechanical equipment located on NH Department of Natural and Cultural the shore or a bridge, as long as river sediment is not disturbed. Debris removal Resources requiring mechanized equipment in the bed of the river or which disturbs sediment John Magee requires a dredge and fill permit, but is not prohibited. The RMAC is concerned that NH Fish & Game without the requirement for a permit to operate equipment in the river, there will be no Department consideration of potential impacts to sensitive species, historical sites, or spawning Gail McWilliam Jellie habitat, and no confirmation that property owners agree with the work being done on NH Department of Agriculture, their private land. Markets & Food Whitney Welch Paragraph II bypasses the normal dredge and fill permitting requirements and would NH Department of allow the town of Warren to dredge the Baker River every other year without getting a Safety permit. The RMAC feels this is a dangerous precedent that will lead to other local Staff: governments requesting exceptions to state laws, and a concomitant degrading of the Tracie Sales natural resources on which our state’s economy depends. In the case of the Baker River, Rivers & Lakes Programs the town is attempting to impose a static channel on a dynamic riparian system. Manager, NHDES Kathy Black Rivers & Lakes Programs 29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 Assistant, NHDES http://des.nh.gov/organization/divisions/water/wmb/rivers/rmac/index.htm The Honorable Kevin Avard Chair, Senate Energy and Natural Resources Committee SB 529 January 30, 2018 Page 2 Biennial dredging is expensive, damaging to the ecosystem that attracts tourists to the area to fish and paddle, and in the long run will likely be unsuccessful due to the increasing frequency of large storms. The town’s dredging of the river in the fall of 2017 imposed a straight channel on the Baker River which under natural circumstances would be a meandering system, and it caused many nearby wells to go dry. Finally, the NHDES hydrologist referenced in the bill does not currently exist, and no provision for funding this new position has been identified. As written, paragraph III exempts the town from paying permitting fees for the removal of large woody material and debris from the Baker River, which would only be required when using mechanized equipment in the river or disturbing sediment. The RMAC requests clarification on the special circumstances that exist on the Baker River in Warren such that the town of Warren should be exempt from permitting fees when other towns are not exempt. The RMAC is a legislatively created body charged to work with NHDES to administer RSA 483, the Rivers Management and Protection Program. The Governor and Council appointed Committee is composed of representatives from business, agriculture, hydroelectric, municipal government, water supply, conservation, recreation, fish and game, and historical interests. Among its other responsibilities, the RMAC is charged with reviewing legislation relevant to the Program and with advising the NHDES Commissioner on the merits of such legislation. In conclusion, the RMAC opposes SB529 because it sets a precedent of local government exemptions from the state laws that protect state resources such as the Baker River for the benefit of all New Hampshire residents and visitors. Should you have any questions regarding our testimony, please feel free to contact me at 603.796.2615 or [email protected]. Sincerely, Michele L. Tremblay Chair ec: Sen. Bob Guida Sen. David Watters Sen. Kevin Avard Rep. David Binford Sen. Regina Birdsell Rep. Duane Brown Sen. Jeb Bradley Rep. Richard Hinch Sen. Sharon Carson Rep. Rick Ladd Sen. Gary Daniels Rep. Vicki Schwaegler Sen. William Gannon RMAC Representatives Sen. James Gray Robert R. Scott, Commissioner, NHDES Sen. Daniel Innis Eugene Forbes, Director, Water Division, NHDES Sen. John Reagan Ted Diers, Administrator, Watershed Mgmt. Bur., NHDES Sen. Andy Sanborn Tracie Sales, Rivers and Lakes Programs Manager, NHDES Sen. Ruth Ward Local River Management Advisory Committee Chairs 29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 http://des.nh.gov/organization/divisions/water/wmb/rivers/rmac/index.htm .

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