Section Env-Ws 386.36 - Protection of the Purity of Woodward Pond, Roaring Brook, Babbidge Reservoir and Their Watershed(a) The purpose of this section is to protect the purity of the water of Woodward Pond, Roaring Brook, and Babbidge Reservoir which is the principal drinking water supply for the city of Keene.(b) This section shall apply within the Woodward Pond, Roaring Brook, and Babbidge Reservoir watershed above the dam that is located at approximate latitude 42°56'02", longitude 72°13'15", in the towns of: (c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.(d) In accordance with the provisions of RSA 485:24, the health officers and the boards of health of the towns of Harrisville, Marlborough, Nelson, and Roxbury and their duly authorized agents, and the city council of the city of Keene and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.(e) Where any provision of this section is in conflict with local ordinances, the more stringent provision shall apply.(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Ws 386.04. The provisions of this section shall not apply to employees of the city of Keene engaged in the performance of necessary duties for the protection and control of said waters.(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Woodward Pond, Roaring Brook, and Babbidge Reservoir watershed described in (b), above, shall be as follows:(1) A person shall not build, continue or maintain any buildings or structures of any kind in which humans reside or in which animals or fowl are kept, within 75 feet, of the high water mark of Woodward Pond, Roaring Brook, Babbidge Reservoir, or within 75 feet of any stream tributary thereto;(2) A person shall not permit any wastes or water that has been used for either washing or cleansing of materials, persons, or food to run into said pond, brook, or reservoir or into any inlet or tributary thereto;(3) A person shall not throw or deposit any dead animal, fish or parts thereof, food or any article perishable or decayable, or any excreta either human or animal, into said pond, brook, or reservoir, or leave or permit any such wastes to remain on the surface of the ground where there is any likelihood of wash or contamination therefrom reaching said pond, brook or reservoir or any inlet or tributary thereto;(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond, brook, or reservoir or into any inlet or tributary thereto;(5) A person shall not boat, bathe, swim, trap, fish, hunt, camp, park trailers or carry on any activity of a recreational or other nature, including but not limited to lumber operations in or near the waters of said pond, brook, or reservoir and, above the reservoir dams and the streams tributary thereto; and(6) A person shall not throw, deposit or allow to remain upon the ice of the waters of said pond, brook, or reservoir, or upon that of any inlet thereof, or of any stream tributary thereto, any matter, waste, or materials such as are described in (2), (3) and (4) above.(h) The city of Keene shall post a summary of the prohibitions contained in (g) above at all public access locations where persons might reasonably be expected to access Woodward Pond, Roaring Brook, Babbidge Reservoir and their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.N.H. Code Admin. R. Env-Ws 386.36
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by #8500, eff 11-30-05