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WARNING ! – Ongoing attempts to by-pass and change the administrative functions and content of this blog ( generic "HACKS") has resulted in Substantial Reduction of normal access. Expectations of restricted availability and access will occur as these intrusions persist.

WATER !! WATER ? "Water"

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Thursday, May 24

WATER !! - The Process




TITLE L




WATER MANAGEMENT AND PROTECTION
CHAPTER 485-C GROUNDWATER PROTECTION ACT

Section 485-C:21

485-C:21 Approval for Large Groundwater Withdrawals. –


I. No person may withdraw 57,600 gallons or more of water in any 24-hour period from a well sited after the effective date of this section without the prior approval of the department.

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ADMINISTRATIVE DUE PROCESS - what the DES and Selectmen are required to do


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II. Applications for approval of water withdrawals of 57,600 gallons or more per day shall be filed with the department on a form approved by the department. A preliminary report submitted by a public water system pursuant to department rules shall be an application for purposes of this section. Copies of the application and any subsequent materials submitted to the department shall be forwarded by certified mail by the applicant to the governing bodies[SELECTMEN] of each municipality and each supplier of water within the potential impact area of the proposed withdrawal as defined in RSA 485-C:21, V-e. The department shall provide the governing body of each municipality with copies of any mailed correspondence sent to the applicant. The department shall provide the applicant with copies of any mailed correspondence sent to or received from the governing body of a municipality.


III. Following the submission of the application, the department shall hold a public hearing on the application in the municipality in which the proposed withdrawal is to be made upon the request of the governing body[SELECTMEN] of any municipality or supplier of water within the potential impact area, provided that such a hearing is requested within 15 days of receipt of the application.

IV. The department shall hold the public hearing within 30 days after the request of the governing body of the municipality or the supplier of water made pursuant to paragraph III. Notice of the hearing shall be made by the applicant and shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The notice shall also be posted in 2 public places in the municipality.

V. The applicant and the governing body[SELECTMEN] of each municipality and each supplier of water within the potential impact area of the well may submit comments to the department relative to the proposed withdrawal within 45 days after the public hearing in the municipality or, if no hearing is requested, within 45 days after the receipt of the application. If the comments relative to the application make recommendations to the department, the department shall specifically consider such recommendations and shall issue written findings with respect to each issue raised that is contrary to the decision of the department.

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WE ARE HERE in "Due Process" time line if the application was still in process


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V-a. Upon the request of the governing body[SELECTMEN] of a municipality within the potential impact area, the department shall hold a public hearing, after receipt of the final report, and prior to a final decision. The department shall notify the municipalities within 10 days of receiving the final report. The municipalities shall have 15 days within which to request a public hearing. Notice and response to hearing requests shall be the same as that required under paragraph IV.

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TECHNICAL REQUIREMENTS -Required to get approval of application


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V-b. The department's decision on the application shall be based on a demonstrated need for the withdrawal after review of:


(a) A description of the need.


(b) A conservation management plan.


(c) A conceptual hydrologic model of the withdrawal.


(d) A water resource and use inventory.


(e) The effects of the withdrawal on water resources and uses.


(f) Completion of a withdrawal testing program.


(g) Development of an impact monitoring and reporting program.


(h) Identification of potential mitigation measures.




V-c. In order to preserve the public trust, no large groundwater withdrawal shall cause an unmitigated impact as determined by the following:


(a) Reducing the withdrawal capacity of a private water supply well of a single residence as a result of the reduction of available water that is directly associated with the withdrawal as determined by the following:


(1) Any reduction in capacity for wells with a capacity less than water well board recommended optimum minimum flow capacity of 4 gallons per minute for 4 hours before the withdrawal;


(2) Any reduction in capacity below 4 gallons per minute for 4 hours, for wells that had a capacity greater than 4 gallons per minute for 4 hours, before the withdrawal; or


(3) A reduction in capacity where the well still has a capacity between 4 gallons and 10 gallons per minute for 4 hours and the user provides information indicating that the reduction in flow has resulted in the inability to meet his or her water needs;




(b) Reducing the capacity of a public drinking water supply below the minimum withdrawal rates required per consumer determined by the following:


(1) Minimum daily amounts of drinking water shall be determined per use based on the design flow criteria established for public water supply systems established in rules adopted by the department; or


(2) Where it is verified that such wells were unable to produce the design flow before the withdrawal began, the adverse impact shall be any reduction in the ability to produce water;


(c) Reducing the capacity of a water supply that is used for a multiple unit dwelling residence, but that is not a public water supply, that results in the inability to continue established activities or maintain existing water capacity requirements;


(d) Reducing the capacity of a private, non-residential, non-drinking water supply that results in the inability of a commercial, industrial, agricultural, or retail facility to continue established services or production volumes;


(e) Reducing the ability of a registered water user to produce volumes equivalent to the average daily withdrawal for a specific calendar month as determined by discharge measurements and reports made to the department in accordance with the water user requirements under RSA 488 or other previous water use reporting requirements of the department;


(f) Reducing surface water levels or flows that will, or do, cause a violation of surface water quality rules adopted by the department;


(g) Causing a net loss of values for submerged lands under tidal and fresh waters and its wetlands as set forth in RSA 482-A;


(h) Causing the inability of permitted surface water or groundwater discharges to meet permit conditions;


(i) Reducing river flows below acceptable levels established pursuant to RSA 483;


(j) Causing the contamination of groundwater obtained from wells or surface waters from contaminated groundwater whose flow has been altered by the withdrawal, or causing the contamination of an aquifer or contributing to the spread of any existing contamination;


(k) Causing the long-term predictable rate of replenishment of the aquifer that is the source of the withdrawal to be exceeded.




V-d. Terms and conditions of approval for a large groundwater withdrawal may be altered by the department to accommodate for drought conditions or new withdrawals.




V-e. Applications for large groundwater withdrawals shall be accompanied by an impact assessment of the potential impact area of the proposed withdrawal to demonstrate the preservation of the public trust as set forth in paragraph V-c. The impact assessment shall include at a minimum the following:


(a) The maximum extent of the cone of depression created by the withdrawal with the assumption of a conceptual hydrological model condition of 180 days of continuous pumping at maximum volumes without recharge from rainfall or snowmelt;


(b) The maximum extent of the recharge area for the withdrawal with the assumption of a conceptual hydrologic model condition of 180 days of continuous pumping at maximum volumes without recharge from rainfall or snowmelt; and


(c) The downgradient area of the withdrawal which shall include:


(1) An existing or new delineation of a potential impact area large enough so that the size of the entire study area for the withdrawal is at least 10 times the size of the recharge area for the withdrawal;


(2) An existing or new delineation of a watershed where the amount of water crossing the downgradient boundary, that is, leaving the study under current conditions, is at least 10 times the amount to be withdrawn; or


(3) An alternative method of estimating a potential impact area provided it relies on conservative assumptions, is demonstrated as appropriate for the site by test results, and is clearly explained and justified.




VI. (a) Decisions of the department may be appealed in accordance with RSA 21-O:7, IV.


(b) Any party shall have the right to appeal from the decision of the water council to the superior court of the county in which the large groundwater withdrawal is to be made to determine the validity and the reasonableness of the department's action on the permit. The appeal shall be filed within 60 days after the decision of the water council. The appeal shall suspend the decision of the department pending the outcome of a preliminary hearing. The appeal, so far as practicable, shall have precedence over other actions in the same court.




VII. Records of public hearings shall be available pursuant to RSA 91-A.






VIII. Before the department issues a large groundwater withdrawal permit, any municipality(Selectmen or designated representative of town) in which a well is sited or proposed to be sited, or any municipality within the potential impact area of the proposed withdrawal pursuant to paragraph V-e, may require the department to determine that the withdrawal will not infringe on the public's use of groundwater, including any contribution to wetlands and surface waters, by ensuring that the requirements of paragraph V-c are met. The department's determination shall be based on substantial evidence and shall include the methods, evidence, and data it used to support its judgment.






IX. The department shall allow any municipality(Selectmen or designated representative of town) showing that it may be substantially and specifically affected by a proceeding under this chapter to intervene as a party in the whole or any portion of the proceeding and shall allow the municipality to participate by presentation of argument orally or in writing or for any other purpose, as the department may order. A municipality that intervenes before the department shall retain its status through any appeal of the department's decision.
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ATKINSON's Vietnam HONOR ROLL as VOTED and PASSED by 2005 Town Meeting and re-approved at Special Town Meeting Sept. 12

EDITORIAL-


A voice of compassion, an example of fairness and reasonable government.

One who believes in the strength and comfort you, your children and your family can draw from good government leadership.

A person who knows Atkinson is our home -- our most important possession that must be preserved and protected through fair taxes and sound community planning and where our children must be safe to grow to become a new generation of leaders.

One who knows that the citizens of Atkinson are all neighbors with her leadership to be dedicated and responsive to all.

One who believes that when those from Atkinson have served our nation and honors are deserved, those honors must be given.

In Valerie Tobin, we now have a leader we know we can entrust with these responsibilities because they are part of her character.

It is our honor to endorse Valerie for election to Atkinson’s Board of Selectmen.

Just a note for those who wish to count the deer.

In January 08 this blog had 16,000 hits and 1,500 unique visitors (for the month).

In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).

EDITORIAL-


"I offer nothing more than simple facts, plain arguments, and common sense . . ." [TP, 1776]

We take no small measure of umbrage at such a hostile official act against this BLOG’s patron. Therefore, a timely Editorial comment is both appropriate and necessary.

Discussion of Atkinson’s financial direction, from any viewpoint, is fundamental and encouraged and we will always attempt to limit and correct errors.

However, Righteous indignation towards purported error of such inconsequential nature is not appropriate.

The ENTIRE car deal is problematic. If it was caused by poor judgement, improper exercise of authority, neglect or mistake or even specious reasoning, this will never trump the facts that the entire questionable transaction started and ended within a very small circle of confidants.

We find the entire circumstances surrounding the disposition of the police Cruiser highly irregular at the least and the "explanations" somewhat trifling and exhaustive of our intellect.

Mr. Consentino: It’s time to go. Being Chief of Atkinson’s Police Department is NOT a birthright. That is a fabled legend of yesteryear.

Historically in Atkinson, police chief appointments were made "under the hand of the selectmen" for terms of one year at a time, as was also the case in the beginning of Mr. Consentino’s assorted and discontinuous stream of appointments to this position.

Your only remaining credential established on a claim of indispensability has faded.

So time is neigh. Plan a graceful exit, Clean out your desk, Accept the gratitude and tearful sentiments from some. We plan no editorial recriminations. It is time. Thank you for your service, We wish you a long and happy retirement. Bon Voyage.

LETTER


"To All Atkinson Residents,

I am writing to ask for your help. A member of the Atkinson Police Department needs our help. I am here to ask for your help in Corporal John Lapham's fight for his life. As you are aware, John has been diagnosed with Leukemia. He has been once again hospitalized with an infection that is threatening his life. He is one of the bravest people that I have ever met. He has never asked of anything from the residents of the town. Now is our chance to step up and help both him and his family out. As everyone is aware John has been out of work for a few months. His family has been busy helping John to get better. He needs our help, and I am hoping that this town can step up to the plate and help. From the moment that I met John, I have admired him. He does alot, but never asks for anything in return. He has helped so many people in this town. I for one am one of those people. Please help him.

There is a fund set-up in his name at TDBanknorth in Plaistow. Any amount will help John, while he is out of work. It would be great if this town could help ease a burden off his wife.

Thank You

Also if anyone would like to send a card, please address it to:

John Lapham
c/o Dana-Farber/Brigham and Women's Cancer Ctr.
Inpatient mail
75 Francis Street
Boston, MA 02115
United States

Please show Corporal John Lapham, that this community can stand up and show our support to those in need. I for one, miss John and can not wait until he can get better and return to work. Please show him that we support him. "