Yesterday, EPA sent Vermont’s clean water agency, the Department of Environmental Conservation, a Clean Water Act “Corrective Action Plan,” outlining permitting and enforcement improvements and updates the state has made or needs to make to ensure that the state provides all the protections required by law to its citizens and the waters they have a right to use and enjoy. This marks a major milestone in CLF’s long-running efforts to secure clean water for all Vermonters.

The federal Clean Water Act is one of the most important and successful laws our nation ever enacted. Before its passage more than 40 years ago, massive volumes of raw sewage and industrial wastes flowed freely into our lakes and rivers. Polluters responsible for this mess faced little in the way of meaningful consequences. The patchwork of state permitting and enforcement programs Americans relied on to keep our waters safe and clean simply had too many holes in it.

The law’s passage reflected a national commitment to restoring and protecting all of our nation’s waters, ensuring that they are safe for drinking, fishing, swimming, and boating, with water quality that also supports healthy populations of fish and shellfish. It established a national goal of eliminating water pollution. As important as this law is, its effectiveness depends on its faithful execution by political appointees and career professional regulators at EPA and partner state clean water agencies like Vermont’s Department of Environmental Conservation.

In 2008, CLF acted on its longstanding concerns that Vermont’s waters were suffering from excessive pollution in part because state officials were falling far short of fulfilling all of their Clean Water Act responsibilities. CLF, with tremendous assistance from its able pro-bono counsel from the Vermont Law School’s Environmental and Natural Resources Legal Clinic,  petitioned EPA to order significant improvements in Vermont’s water pollution control permitting and enforcement efforts. If Vermont officials failed to make needed improvements, CLF asked EPA to take over the lead in issuing permits and enforcing against polluters in Vermont.

After several years of investigation by EPA and negotiations with state officials, the Corrective Action Plan EPA issued represents a validation of CLF’s core concerns. It also represents a positive re-commitment to the Clean Water Act by the administration of Governor Peter Shumlin. Among the positive corrective actions Vermont has taken or will take to better control pollution per the EPA plan are:

• The final issuance of the state’s first ever permit to control pollution discharges from “Concentrated Animal Feeding Operations”—animal feedlot operations meeting certain regulatory criteria—in a manner that complies with the Clean Water Act.
• Commitments to increase annual inspections of actual and suspected “Concentrated Animal Feeding Operations” to detect unlawful pollution discharges and ensure that CAFO dischargers apply for and comply with Clean Water Act permits.
• Changes to state law allowing citizens to have a voice in the resolution of Clean Water Act enforcement proceedings.
• A plan for limiting the amount of nutrients discharged by municipal wastewater treatment plants into the Connecticut River and Long Island Sound.
• Enforcement against the Village of Waterbury sewage treatment plant that will significantly reduce one of the largest single phosphorous discharges into Lake Champlain through installation of state-of-the-art technology
• Conforming the state’s policy relating to the use of polluter’s penalty payments to EPA’s requirement
• Implementing a requirement of the Clean Water Act to prevent the degradation of existing high quality waters

The declining health of Lake Champlain and numerous other Vermont waterways underscores how far we. By implementing all of the Corrective Actions outlined above, Vermont is taking an important step in the right direction toward clean water solutions. Vermonters’ quality of life, economic vitality, and maintenance of our state’s green “brand” requires nothing less.

Scammell Bridge looking toward the Bellamy River.

There are seven rivers that drain into the Great Bay estuary, carrying freshwater runoff – as well as pollutants – from 52 communities including 10 in Maine. The Bellamy River, which flows into Little Bay, originates from Swains Lake in Barrington and flows east through the Bellamy Reservoir in Madbury and then through the City of Dover. Seacoast residents might be most familiar with the mouth of the Bellamy, which flows under the Scammell Bridge on Route 4.

Even though I have been working in the Great Bay estuary for nearly twenty-five years, I had never actually been on the river. Last week, I finally got that chance and was amazed by the lack of development along the shoreline. Starting from Little Bay, we cruised all the way to the former Sawyer Woolen Mills in Dover. Other than the occasional truck noise from nearby Spaulding Turnpike that runs parallel to the river, the Bellamy offers one of the best wilderness experiences in all of Great Bay.

Wildlife is abundant along the river, in part due to the presence of two large preserves. Located near the mouth of the Bellamy and Royalls Cove is the Bellamy River Wildlife Sanctuary.  Owned and managed by New Hampshire Audubon, the Sanctuary consists of twenty six acres of prime wildlife habitat. To learn more about the Sanctuary, visit the NH Audubon web site.  For a more detailed description of the hiking trails available, go to Hike New England.

Just above the NH Audubon Sanctuary is the Bellamy River Wildlife Management Area (WMA), managed by the NH Fish and Game Department. The area was acquired in early 1990’s using State land protection funds and protects 400 acres of tidal creeks, wetlands, woodlands and fields. Common wildlife found here are deer, pheasant, bobolinks, meadowlarks and waterfowl. You can learn about hiking opportunities by visiting the Fish and Game website.

Fall is the perfect time to hike all of the protected lands around Great Bay including the two areas above. The Scammell Bridge is also a popular fishing spot for local anglers. However, if you really want to enjoy the abundant birdlife along the Bellamy, I would recommend kayaking the tidal portion of the river.

You can leave right from the Scammell Bridge Access Point. You can park on the north side of Route 4 and from here head up river.  In addition to great blue herons, you can expect to see lots of other bird species especially as fall migration season begins in September. Keep in mind to always check the tides when kayaking in the estuary. The Bellamy River is best enjoyed at high tide providing easy access to the numerous tidal creeks found along the way.

Exploring the Bellamy reminded me why Great Bay is such a special place. As the overall health of the estuary continues to decline, we need to protect this remarkable resource for future generations. To learn more about my efforts to help rescue Great Bay from further decline, click here. You can also sign our online petition to support clean water in the estuary.

The Great Bay estuary – often referred to as New Hampshire’s hidden coast – offers many opportunities for recreational and nature enthusiasts.  The subtle beauty of Great Bay is captivating, especially in early morning when the estuary is filled with the sounds of wildlife. So whether you enjoy kayaking, hiking, fishing, birding or nature photography, summer is the perfect time to explore the wonders of Great Bay.

Because of its shallow waters and strong tides, boating around the estuary gets tricky.  A safer way to explore its waters is by kayak and offers the best option for enjoying the bay’s diverse habitats. There are several easy water access points for car top boats which can be found here.

My favorite launch spot is Chapman’s Landing in Stratham on the Squamscott River (site 3 on map). From Chapman’s you can easily explore the vast salt marshes and tidal creeks found along the river or paddle all the way up to Exeter. Nesting osprey can be found down river from the boat ramp.

If you want to explore the Maine side of the estuary, I suggest putting in at the Salmon Falls River boat launch (site 15 on map). Serving as the border between NH and ME, paddling the Salmon Falls is like going back in time and you can easily imagine what attracted the early settlers to this area.

Only experienced kayakers should venture out into the middle of Great Bay and no matter where you go, always check the local tides. Or if you prefer to have a guided tour of the Portsmouth Harbor area, check out Portsmouth Kayak Adventures (they also offer rentals).

Anglers enjoy coming to the estuary to test their skill. You can visit the NH Fish and Game web site to learn more about the saltwater fishing regulations and to get your saltwater recreational fishing license (now required). Fishing for striped bass – or stripers – is especially popular.

If you prefer to hike the shorelines around the estuary, numerous land access points allow easy access to the vast conservation lands found throughout the estuary.  With over six miles of undeveloped shoreline, the Great Bay National Wildlife Refuge offers numerous trails and wildlife viewing areas.

If you strive for solitude, the Cy and Bobbie Sweet Trail crosses over some of the beautiful conserved land in the Seacoast.  Over four miles long running from Longmarsh Road in Durham to Great Bay in Newmarket, the Sweet Trail leads hikers through a remarkable array of upland forests, freshwater wetlands and tidal salt marsh. This area – once slated for an oil refinery in the 1970’s –  includes several wildlife viewing stations along the trail and three designated parking areas to choose from.

Other popular hiking and birding areas include Adams Point in Durham and Sandy Point in Greenland.  Both of these sites are owned by NH Fish and Game and maintained by the Great Bay National Estuarine Research Reserve. On the Maine side of the estuary, I would suggest visiting Vaughan Woods State Park in South Berwick.

A listing of access points including maps to all of the conserved lands around Great Bay can be found at the Great Bay Resource Protection Partnership website.  The Partnership is led by The Nature Conservancy and is actively protecting conservation lands throughout the estuary.

The Great Bay Research Reserve also operates the Great Bay Discovery Center in Greenland, a great place for families to learn about the estuary. If modern technology is more your thing, ask for a copy of their Passport to Great Bay.  It provides information and directions to numerous conserved properties around Great Bay as well as coordinates to their popular geocache program.

Once you visit Great Bay, you cannot help but be inspired by its natural beauty.  Unfortunately, the health of Great Bay is in decline.  Please join me and others in protecting this national treasure.  Click here and support our efforts to clean up and save from harm the estuary for future generations.

– For more, visit: http://www.clf.org/great-bay-waterkeeper/. You can also follow me on Facebook and Twitter.

It had been more than a month since Tropical Storm Irene when I returned to kayak my favorite whitewater rivers in Vermont: the Middlebury and the New Haven. The massive flows from Irene moved some small rocks around, but in most places the overall character of the these rustic rivers remained the same, even after the storm. Sadly that is not true about sections of the rivers near roads where in the name of “repair” bulldozers literally flattened the rivers, excavating giant boulders, dredging gravel, and leaving the once vibrant river an unrecognizable shell. Rapids that used to be complex, multi-tiered stretches, supporting important habitat had transformed into homogeneous flat spots.

The untouched segments of river far from the road looked very different from the dredged and flattened stretches that destroyed not only a magical recreation space but crucial fish habitat as well. The contrast was stark and disturbing.  The river tamed unwillingly and transformed into little more than a pipe, losing its resilience, beauty, and health.  I thought again how important it is to protect these valuable and magical places.

Returning to these spots reminded me of the beatings we continue to inflict on our local waters: from stormwater and nutrient pollution to the destruction of fish habitat as we recover from Irene.  Our precious river ecosystems deserve better.  We can learn from their ability to heal after a hurricane.  We can stop treating our rivers like pipes and sewers and tell our friends, neighbors, and elected officials “enough is enough.” It is crucial that we do not ignore science and continue to reverse decades of recovery in our rivers.  We can contact our local town officials and request that they take a step back and seek expert advice before digging into your local river. The more actions we take as individuals, the more we can collectively do the work that will allow our rivers to heal.