Beaver Wood Pownal 248 Filing: No. 8F - Pre-Filed Testimony of Timothy Donnelly SD

8/8/2019 Beaver Wood Pownal 248 Filing: No. 8F - Pre-Filed Testimony of Timothy Donnelly SD

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STATE OF VERMONTPUBLIC SERVICE BOARD

Petition of Beaver Wood

Energy Pownal, LLC )for a Certificate of Public Good, pursuant to 30 )

V.SA. § 248, to insta ll and operate a BiomassEnergy Facility and an integrated wood pellet

Docket No

__

manufacturing facility located north of the oldGreen Mountain Racetrack in Pownal, Vermont, )to be known as the “Pownal Biomass Project” )

PRE-FILED TESTIMONY OFADAM CRARY

ON BEHALF OFBEAVER WOOD ENERGY POWNAL, LLC

October 25 , 2010

The purpose of the pre-filed testimony of Mr. Crary is to demonstrate that the proposedPownal Biomass Project will comply with certain provisions of 30 V.SA. § 248 (b)(5) .namely those pertaining to outstanding res

ource waters, streams, wetlands, rare orirreplaceable natural areas, and necessary wildlife habitat and endangered species.



TABLE OF CONTENTS

1. Introduction1

2. Summary of Findings 3

3. Conclusion 10

EXHIBITS

Ex hibit Peti tio ne rs AC-i Resumé of Adam R. Cr ary

Exhibit Petitioners AC -2 M emor andum: W etland, Stream, and other NaturalResources Summary



STATE OF VERMONT

PUBLIC SERVICE BOARD

Petition of Beaver Wood Energy Pownal, LLC )for a Certificate of Public Good, pursuant to 30 )V.S.A . § 248 , to install and operate a Biomass )Energy Facility and an integrated wood pellet

Docket Nomanufacturing facility located north of the old )Green Mountain Racetrack in Pownal, Vermont, )to be known as the “Pownal Biomass Project” )

PRE-FILED TESTIMONY OFADAM CRARY

ON BEHALF OF

BEAVER WOOD ENERGY POWNAL, LLC

1. Introduction

Qi. Please state your name, business address and employment.

Al. My name is Adam Crary and I am employed by Vanasse Hangen Brustlin Inc.

(VHB), formerly known as VHB Pioneer. The VHB business add ress is 7056

U.S. Route 7, North Ferrisburgh Vermont. I am a Senior Wetland Scientist

responsible for managing projects, staff , and technical work in conduct of various

ecological surveys and reporting, typically under the requirements of federal,

state , and local environmental regulatory programs. My resume is attached as

exhibit AC-i.

Q2. Please describe you r educational background and professional experience.

A2. I hold a B.S. degree in Natural Resources with a concentration in Natural History

and Ecology (2000) from the University of Maine (Orono) . My educa tion ,

training, and professional experience include wetland, waters, and st ream



Pownal Biomass Project, PSB Docket No.

_____

Prefiled Testimony of Adam Crary

October 25, 2010

Page 2 of 10

delineation and jurisdictional determinations; wetland function and value

assessments; stream assessments (quality, flow, habitat, biological, and

geomorphological); compensatory wetland mitigation (feasibility, design, and

monitoring); stream restoration/enhancement (feasibility, design, and monitoring);

vascular flora identification and collection; floristic monitoring and surveys; rare,

threatened and endangered plant species surveys; natural community assessments

and environmental inventory; and technical and scientific report and oral

presentation development. I am a recognized Professional Wetland Scien tis t

(Society of Wetland Scientists Professional Certification Program, #1691), a

certified Professional Wetland Delineator (Virginia Department of Professional

and Occupational Regulation, #3402 000067), and a recognized Rare Plant

Surveyor (USFWS, Virginia Field Office).

Q3. What is the purpose of your testimony?

A3. The purpose of my testimony is to demonstrate that the Pownal Biomass Project

(the “Project”) satisfies the requirements of 30 V.S.A. § 248(b)(5). Sect ion

248(b)(5) provides, in pertinent part, that a generation or transmission facility

should not have an undue adverse effect on water purity or the natural

environment, with due consideration having been given to the criteria specified in

10 V.S .A . § 1424a(d) (Outstanding Resource Waters) and § 6086(a)(1) through

(8) and (9)(K) (various Act 250 criteria). My testimony specifically covers

Outstanding Resource Waters [10 V.S.A. § 1424a(d))], Streams [ 6086(a)(1)(E)1,



Pown al Biomass Project, PSB Dockel No.

_____


October 25, 2010Page 3 of 10

Wetlands R 6086(a)(1)(G)], Rare and Irreplaceable Natural Areas [ 6086(a)(8)],

and Necessary Wildlife Habitat and Endangered Species [ 6086 (a)(8)(A)].

Q4. Have you testified previously before the Board?

A4. Ye s. Previously, I have testified regarding the Chittenden County Sola r Partners,

LLC South Burlington Solar Farm project, PSB Docket No. 7611. In this prior

testimony, I testified as an expert witness regarding 10 V.S .A. § 1424a(d)

(Outstanding Resource Waters), Headwaters 6086(a)(1)(A)], Floodways [

6086(a)(1)(D)1, Streams [§ 6086(a)( I )(E)j, Shorelines [ 6086(a)( 1 )(F )],

Wetlands [ 6086(a)(1)(G)], Rare and Irreplaceable Natural Areas [ 6086(a)(8)],

and Necessary Wildlife Habitat and Endangered Species [ 6086 (a)(8)(A)].

2. Summary of Findings

Q5. Based upon your evaluation and analyses, does the Project comply with Section

248?

AS. Yes. The project complies with the Outstanding Resource Waters criterion j10

V.S.A. § 1424a(d)] as the project is not located on, and would not affect any

segment of waters determined to be Outstanding Resources Waters. The project

complies with the Streams criterion [* 6086(a)(1)(E)] because the project requi res

minimal work in streams and conforms to the ANR riparian buffer gu idance, and

does not encroach on streams or their buffer zones. The project complies with the

Wetlands criterion [ 6086(a)(1)(G)]. because Project will not affect significant

wetlands as defined by the Natural Resources Board, as no State of Ve rmont

Cl ass I or II Wetlands are present on the project site . The project comp lies with



Pownal Biomass Project, PSB Docket No.Prefiled Testimony of Adam Crary

October 25, 2010

Page 4 of 10

the Rare and Irreplaceable Na tural Areas criterion [ 6086(a)(8)1, because the

project site is not within a state-designated Natural Area , Significant Natural

Community, or Natural Heritage Program Fragile Area . The project complies

with the Necessary Wildlife Habitat and Endangered Species criterion R 6086

(a)(8 )(A)1 because the project site does not comprise necessary wildlife habitat or

endangered species.

Q6 What work have you conducted with respect to the Project?

A6 My staff and I have conducted site inspections, research, delineation, and

prepared a technical memorandum that addresses the natural resources criteria at

the site including streams, wetlands, and threatened and endangered species,

significant natural communities, and necessary wildlife habitat. Regarding

Outstanding Resource Waters [10 V.S.A. § 1424a(d)), we have researched Water

Resources Panel (WRP) designations for such waters. Regarding St reams [

6086(a)(l)(E)], we have performed site inspections to delineate the ordinary high

water marks and top-of-bank for the onsite stream channels, which include

segments of the Hoosic River (eastern bank) and Ladd Brook, and have made

riparian buffer assessments for both. Concerning Wetlands [ 6086(a)(1)(G)j. we

have performed site inspections to delineate the wetlands, collect data per federal

requirement, and coordinate with the U.S. Anny Corps of Engineers (USACE)

and the Vermont DEC-Wetlands Division regarding fede ral and state jurisdiction.

Concerning Rare and Irreplaceable Natural Areas criterion [ 6086(a)(8)], and

regarding Necessary Wildlife Habitat and Endangered Species I 6086 (a)(8)(A)j,



Pown al Biomass Project, PSB Docket No.

Prefiled Testimony of Ad am Crary

October 25 , 2010

Page 5 of 10

we have reviewed available da taba ses fo r known occurrences within or adjacent

to the site and have corroborated the findings with onsite inspections. Much of

the work I, or my staff, have conducted, is presented in the “Wetland, Stream, and

other Natural Resources Summary” memorandum included as Exhibit AC -2. I

have prepared th is written testimony following review of the Bruno Associates

Inc. P.C. “2010 Construction Layout Plan”, da ted 1015 /10, as well as the Bruno

Associates Inc. P.C . drawing OA-1, revision da te 10/18/10, sponsored in Exhibit

BHB-4 in the pre-filed direct testimony of Bruce Boedtker. I have also prepared

this written testimony in corroboration with my colleague, Meddle Perry, who

also provides pre-filed direct testimony regarding certain provisions of 30 V.S.A.

§ 248(b)(5), namely those pertaining to headwaters, waste disposal, floodways,

certain aspects of streams, shorelines, water supply for the project, and burden on

existing wa ter supplies. In the following sections, 1 rely on the prefiled direc t

testimony and supporting exhibits of either Mr. Perry or Mr. Boedtker for project

descriptions or conclusions drawn relative to the project plan s or de sign.

Q7 Is the project located on, or would it affect any segment, of any desigiated

Outstanding Resource Waters [10 V.S.A. § 1424a(d)J?

A7 No . The Vermont Water Quality Standards (VWQS, effective January 1, 2008)

under section 1-03D, state that the Natural Resources Board (NRB) may , under

10 V.S.A. Section 1424(a), designate Outstanding Resource Waters, or “ORW”.

The Natural Resources Board, under 10 V.S.A . Section 1424(a) , de signates

Outstanding Resource Waters. A list of these waters is maintained on the Water

_____



Pownal Bio m ass Project, PSB Docket No.Prefiled Testimony of Adam Crary

October 25, 201 0

Pag e 6 of 10

Resources Pan el (WRP) website (http://www.nrb.state.vt.us/wrp/orw.htm). The

following waterways have been classified by the WRP as Outstanding Resource

Waters:

1. Batten Kill River, Towns of East Dorset and Arlington

2. Pike’s Falls/Ball Mountain, Town of Jamaica

3. Poultney River, Towns of Poultney and Fair Haven

4. G re at Falls . Ompompanoosuc River, Town of Thetford

The proposed Project is not located in th e vicinity of any of the listed waters ;

therefore the project will have no affect on such features.

Q8 Will the Project have an undue adverse effect on th e natural environment, with

due consideration being

given to th e criteria of 10 V.S.A . § 1424a(d) regarding

th e designation of Outstanding Resource Waters?

A8 No. As presented in Exhibit AC-2, there are no streams or other natural w ate r

bodies within the planned project development site and there will be no direct

impact to stream channels for th e project other than a single intake pip e described

in some de ta il below and in Mr. Perry’s testimony. The Hoosic River and Ladd

Brook do occur nearby to the project development site, the Hoosic Ri ve r ban k

lying approximately 50-feet from th e nearest perimeter fence lim it and Ladd

Brook banks lying, on average, approximately 25-feet from the perimeter fe ncin g

lim it. As presented in Exhibit AC-2. the Hoosic River existing riparian con di tio n

and th e Ladd Brook existingstream channel an d riparian condition hav e been

_____



Pownal Biomass Project, PSB Docket No.Prefiled Testimony of Adam Crary

Octob er 25, 2010

Page 7 of 10

degraded by past land uses. As discussed further below, it is therefore my opinion

tha t the project is not within the vicinity of any waterways that would be

considered significant, or that would otherwise support an ORW des igna tio n,

because the streams in the vicinity should not be considered “highly significant”

per Section 1424a(d) , and considerations of these criteria are not appl icable to the

project. Therefore, and as discussed further under the Streams section below and

in the testimonies of Mr. Perry and Mr. Boedtker’s, the Project will not have any

adverse effect on the natural environment with respect to waters that might be

considered significant or support an ORW designation.

Q9 Will the project maintain the natural condition of streams?

A9 Yes. My colleague Meddie Perry will testify regarding the proposed water

withdrawal from the Hoosic River, which will maintain natural condi tio ns of

depth and velocity of flow downstream. My testimony per tains to the delineation

of streams and their buffers, and the project’s design insofar as it does not

encroach on the stream buffers. As presented in Exhibit AC-2, delineated

segments of the Hoosic River lie to the west of the project development site and

the Ladd Brook to the north. With exception of the placement of the river water

in take pipe below ordinary high water on the Hoosic River (generally described

below and in more detail in Mr. Perry’s testimony), the project will not require

any direct impacts to streams. Also as presented in Exhibit AC-2, VUB

recommended riparian stream buffers be maintained from the onsite stre am s,

which were assessed in accordance with Section II I.B .3 of the Vermont ANR’s



Pow nal B io m ass Project, PSB Docket No.


October 25, 20 10

Pa ge 8 of 10

December 9, 2005 Guidance for Act 250 and Sectio n 24 8 C omm ents Regarding

Riparian Buffers (the Guidance) and are graphically depicted on Page 21 of th e

Attachment in Exhibit AC-2. Th e project development doe s not take place within

the Hoosic River stream buffer, and in most cases , the project site is sit ed wel l

beyond the buffer. Two minor perimeter fencing encroachments within the Ladd

Brook buffer will be necessary an d is an acceptable activity per Section III .C of

the Guidance.

This river water intake will ca use only a minimal amount of disturbance below

the basic River ordinary hi gh water mark as it will be installed by hydraulically

jacking from a pit tha t is outside of th e buffer, and th e only disturbance will be an

8-inch diameter location where th e intake pipe will protrude from the underwater

riverbank in the 5-foot deep intake po ol. As Mr . Perry’s testimony explains, the

intake has been designed so that th e maximum w ater velocity at the intake sc reen

will be less than 0.3 feet per second, which will not entrain or impinge fish and

aquatic organisms. This minimal intrusion will als o not alter the natural fluvial

geomorphology process of th e river (sediment an d debris transport). A Vermont

ANR Water Quality Division Stream Alteration Permit is not required. A federal

permit from the U.S. Army C or ps of Engineers (USACE) under Section 404 of

the Clean Water Act will be a requirement fo r the intake structure and water

withdrawal, for which pre-application coordination with th e USACE has been

initiated.



Pownal Biomass Project, PSB Docket No.


October 25, 20 10

Pa ge 9 of 10

Therefore, the project will have no undue adverse impact to onsite or downstream

stream channels, a conclusion which is supported in part by the testimonies of Mr.

Perry and Mr. Boedtker.

QlO Will the Project comply with the rules regarding significant (C las s I or II)

wetlands?

AlO Yes. As presented in Exhibit AC-2, there are no areas within or adjacent to the

project site that are subject to the Vermont Wetland Rules as C lass I or Class II

wetlands or associated buffers. Therefore, the Water Resources Board rules

regarding significant wetlands do not ap ply to th e project.

As also presented in Exhibit AC-2, there is a wetland within the project site th at is

subject to USACE (federal) jurisdiction associated with one man-made pond, but

is not included under Vermont (state) jurisdiction. The project will require the

filling of this man-made po nd, which will result in approximately 2.6 acres of

impact requiring permit authorization from th e USACE pursuant to Section 40 4

of the Clean Water Act. D ue to the minimal functions provided by this man-

induced wetland and the mitigative measures expected as part of the Se ction 404

permit, it is my opinion that there will not be any adverse effect from th e project

to those wetlands that are not under Vermont jurisdiction.

Q1 1 Will the Project destroy, or significantly im pe ril necessary wildlife habitat or any

endangered species?

All No. As presented in Exhibit AC-2 at Page 5, there are no known threatened or

endangered species at the project site, nor is there any necessary wildlife hab ita t.

___



Pownal Biomass Project, PSB Docket No.Prefiled Testimony of Ad am Crary

Octobe r 25, 2010

Page 10 of 10

Q12 Will the Project have an undue adverse effect on any rare and irreplaceable

natural areas (RINA)?

A12 No . As presented in Exhibit AC-2 at Page 5 there are no natural communities that

have been identified within or proximal to the project site tha t are considered

significant by the Vermont Natural Heritage Information Program (NH IP).

Corroborative field assessments conducted by VHB confirmed the absence of

significant or uncommon natural communities. As such, the project will not

affect any state-designated Natural Area, Significant Natural Community, or

Natural Heritage Program Fragile Area that may be considered RINA.

3, Initial Project Work for 201 0 and 2011

Q13 With respect to the criteria that yo u have testified about, will the ini tial phase of

work proposed for 2010 and 2011 affect the Streams, Wetlands, Rare and

Irreplaceable Natural Areas, and Necessary Wildlife Habitat and Endange red

Species?

A13 No . The initial phases of work wi ll not involve any work with in or adjacent to

streams, Class I or II wetland (or wetlands not under Vermont jurisdiction),

RINA, or necessary wildlife habitat or threatened or endangered species. As a

subset of the overall project and following the conclusions draw n in my testimony

abov e, the initial phases of work will not have any impact to these crite ria.

4. Conclusion

Q14 . Does this conclude your testimony?

A14. Yes.



STATE OF VERMONT


Petition of Beaver Wood Energy Pownal, LLCfor a Certificate of Public Good, pursu ant to 30 )V.S.A . § 248, to install and operate a Biomass )Energy Facility and an integrated wood pellet

cket Noanufacturing facility located north of the old )Green Mountain Racetrack in Pownal, Vermont, )to be known as the “Pownal Biomass Pro ject” )

PREFILED TESTIMONY OFADAM CRARY

Exhibit BWEP - AC -1

Resumé









technical report of findings and a formal presentation to the Chesterfield CountyOfficeof Water Quality. As a result of county-coordination and discussion, county perennial

stream determination procedures have evolved. Other responsibilities included wetlanddelineation, RPA determination, regulatory support, and coordination with the USACE,DCBLA, county staff, clien t, engineer, surveyor, and attorney.

Cabrita Point; St. Thomas, USVIPrior to VHB , per U.S. Virgin Island regulation, an Environmental Resource Inventorywas needed for this proposed resort near Red Hook, St. Thom as. As a botanist and leadEcologist for this project, work entailed detailed surveys and literature reviewsaddressing wetland, coastal mangroves, geology, soils, vegetation, and wildliferesources on the proposed 13- acre site. A detailed wetland delineation was completedaccording the 1987 Corps Manual. All mangrove species present were id

entified andmapped. Geological and so il characteristics of the site were evaluated through availableliterature. A complete natural community mapping and flor ist ic survey effort wascompleted. Terrestrial wildlife surveys were completed and supplemented by theavailable literature. The final EM compiled the methods and results of all surveys in onecomprehensive report.

Education! Educa tion:Professional

85, Natural Resourc es (Natural History and Ecology), Universityr IflIfl9of Maine, Orono, ME, 2000

Professiona l Training:

Applied Flu vial Geornorphology WildIand Hydrology,Shepherdstown , WV, Ap ril 2009

OSHA 10-HR Construction Safety, Richmond, VA , February 2008

Emerg. Medical Res ponse and Bloodhorne Pathogen Training,Richmond, VA, March 2008

Fire Safety ann’ Extinguisher Use, Richmond, VA, March 2008

Wetland Deliheat/on and Management. RCET, Charlotte, NC ,October 2005

Field Botany and Florist/cs, Humboldt Field Research Institute,Steuben, ME , June 2004

Perennial Stream Origin Identification for Appilcation of the CBPADesignation and Management Regulations in Virginia, NC StateDept. of Forestry, Richmond, VA, Jtme 2004

Advanced Hydric Soils, VJMS, Gloucester, VA, October2003

Fairfax County Perennial Stream Field Identification Protocol,Fairfax, VA, May 2003

Prince William Co. and Fairfax Co., VA Physical StreamAssessments, Sept. & Oct. 2003

Adam R. Crary, PWS,

PWD

Continued, p. 4



Adam R. Crary, PWS,

PWD

Continued, p. 5

Wetland Functional Asse ssment Methodology EnvironmentalConcern, MD, September 2002

Lent/c Proper Functioning Condition Methods — NRCS/1JSFWS,CoeurdAjene, ID, 2000

USA CE Highway Methodology Wetland Assessments , USACE, N.Sphngfield, VT, June 1999

Interpretive Training Institute, AMC Pinicham Notch Visitor Center,Gorham, NH, June 1998-99

Profes sio nal Professional Wetland Scientist (#1691), Society of WetlandRegistrationsl Scientists Professional Certification Program, Inc.certi fic at ions

Virginia Certified ProfessionalWeand Delineator (#3402000087), Virginia Dept. of Professional and OccupationalRegulation

Approved Rare Plant Surveyor — Small Whoiled Pogonia, SwampPink, Harperella, Sensitive Joint-vetch, Smooth Coneflower,Round-leaf Birch, Virginia Spiraea, and all ‘Plants of Virginia”,U.S. Fish and Wild lif e Service—Virginia Field Office

Chesterfield County, VA Approved Wetiand Professional

Wilderness FIrst Responder

Affiliationsl Society of Wetland Scientists (2001 - present)Member ships

Virginia Association of Wetland Professiona ls (2001 - present)Southern Appalachian Botanical Society (2004 - present)

Virginia Natural History Society (2004 - present)

American Institute of Biological Sciences (2008 - present)

Alpha Zeta and Golden Key National Honor Societies (1999-2000)

Example Technical Technical or Scientific Writing Examples :Writing and

Crary, AR . 2009. Compensatory Wetland and Stream MitigationPresentation s

Plan — Bwnswick Solid Waste Facility. Contracted Report underColder #0739607509. Golder Associates Inc. (prepared for BF IWaste).

Crary, A.R. 2008 (Rev. 2009). Rare and Sensitive Species SurveyReport — Chesterfield Power Station. Contracted Report underColder #0736607. Golder Associates Inc. (prepared forDominion).

Crary, AR.. M.G. Williams. 2008. Post-Construction Stream

Relocation Baseline Monitoring Report —623 Landfi ll. Contracted

FF12



Adam R. Crary, PWS,

PWD

Continued, p. 6

Technical Report under Colder #043677708. Colder AssociatesInc. (prepared for Republic Services, Inc.).

Crary, AR. 2007. Swamp Pink Conservation and Management.Wilto n on the James. Contracted Technkal Report under WEG#2112. Williamsburg Environmental Group, Inc . (prepared forHHHunt, Inc.).

Crary, AR. 2007. Rare and Sensitive Species Report — Wilton onthe James. Contracted Technica l Report under WEG #2112.Williamsburg Environmental Group, Inc. (prepared for HhHunt,Inc.).

Crary, A.R. 2006. Baseline Vegetation Community Investigation.Contracted Technical Report under WEG #1759. WilliamsburgEnvironmental Group, Inc. (prepared for Greeley and Hansen).

Crary, AR. 2005. Barking Treefrog (Hyla gratiosa) in Virginia.Intemal review. Williamsburg Environmental Group, Inc . 0.DeBerry, and B. Helrnandollar reviewers. 3pp.

Crary, AR. 2005. Environmental Resource Inventory, CabritaPofrit, St. Thomas, USVI. Contracted Technical Report underWEG #2372. Williamsburg Environmental Group, Inc . (preparedfor Springline Architects). 22pp.

Crary, AR. 2004. Determination of Section 404 JurisdictionalAreas Using the Atypical Situations Procedure: Nunrially Property,Chesterfield County, Virginia. Contracted Technical Report underWEG #2042. Williamsburg Environmental Group, Inc. (preparedfor E.W. Nunnalty, Jr.). l6pp. (plus appendices).

DeBerry, D.A., A. R. Crary (contributing author). 2004. IntegratedNatural Resources Management Plan: SMR Camp Pendleton.Contracted Report. Williamsburg Environmental Group, Inc.(prepared for Virginia Dept. of Milita ry Affairs).

Crary, A.R. 2004. Charter Colony Lakes (LTC-30 and LTC-20-25)WET II Functional Evaiuation. Contracted Technical Report underWEG #1472D. Williamsburg Environmental Group, Inc. (preparedfo r Chesterlield County, Virginia).

Example Oral Reports or Presen tat ions :

Inva siveness of Phiagmites mistral/s.” May 2000. SeniorResearch Paper Presenta tion . University of Maine — NaturalResources Program.

7he Effects of Dam Removal.” May 2000, Poster Presentation.University of Maine. Soil and Water Quality (PSE 344).

Hyd ric Soil: Using Field Indicators.” 8 January 2004.Williamsburg Environmental Group Annual Ewlogy Seminar.Richmond, Virginia.

fiB



Adam R. Crary, PWS,

PWD

Connued , p. 7

“Wetland flelineation. October 2006. ToIl Brothers, In c. LoudounCounty, Virginia.

“Branch Creek Perennial Stream Determinaon . 6 March 2007.Chestetfield Coun ty Office ofW ate rQuaty. Chestet, Vhginia.

“Buena Vista Wetland Functional Analysis.” 25 April 2007.Virginia Mitigati on Bank Review Team. Richmond, Virginia.

“Small Whorled Pogonia in Virg inia.” 27 A4xi 2007. 2007Williamsburg Environmental Group Annual Ecology Seminar.Richmond, Virginia.

“Compensatory Stream Mitigation.” 17 March 2008. GolderAssociates In-House Presentation. Richmond, Virginia .

“Basic GPS Field Use — Trimble GeoXT.” 12 June 2008. GolderAssociates Training Presentation. Richmond, Virginia

vim



STATE OF VERMONT


Petition of Beaver Wood Energy Pownai, LL Cfor a Certificate of Public Good, pursuan t to 30V.S.A. § 248, to install and operate a BiomassEnergy Facility and an integrated wo od pellet

Docket Nmanufacturing facility located north of the old )Green Mountain Racetrack in Pownal, Vermont,to be known as the “Pownal Biomass Projec t”

PREFILED TESTIMONY OF

ADAM CRARY

Exhibit BWEP - AC -2

Memorandum: Wetland, Stream, and other

Natural Resources Summary











Beaver Wood Etergy, LLC Project FilePowna], VT



Wetland, Stream, and Other Natural Resources SummaryPageS

October 21, 2010

Through review of the NHII’ database, one rare or sensitive species was identified that is known tooccur within the one-mile radius of the Study Area, but there are no known species or significantnatural community EOs within or adjacent to the Project site. Thi s EO is a plant considered rare inVermont (S2 ), but is not afforded protection under Vermont Endangered Species Law. There is a

mapped deer wintering area within the one-mile radius that is located within intact forestland to thewest of the Project site, but is separated from the Project site by development roadways, agriculturalland, and the Hoosic River. The Rare Species and Wildlife Habitat Review Map is provided on Page 22of the Attachment, and details the map results of these database queries.

Based on the results of this database review, no species or community-specific surveys were conductedfor any unknown threatened or endangered species or significant natural community types. Duringfield investigations and data collection efforts as part of VHS’s wetland and waters delineation, siteconditions were found to be highly modified from natural undisturbed (or disturbed) condition andthe likelihood that there are suitable habitats onsite for any protected species is minimal. There are noonsite habitat conditions that would be conducive to providing necessary wildlife habitat for whitetailed deer or moose wintering

or Hack bear (foraging or travel). These findings are similar to thoseincluded in the State of Vermont Public Service Board’s (P 55) findings as part of Docket No. 7618 (2.2-MW Solar Generation Facility at the Southern Vermont Energy Park).

Attachment:

• Site Location Map

• Wetland and Stream Delineation Map

• Summary of 2010 Delineated Wetlands and Summary of 2010 Delineated Streams (tw osummary tables)

• USACE Wetland Determination Data Form• USACE Wetland Function-Value Evaluation Form• Site Photographs - Wetland/Stream Delineation

• Soil Comparisons Locations (map)

• Vermont Soil Fact Sheet, 275 Udipsaminents and Udorthents• Vermont Soil Fad Sheet, 29A Occum

• Aerial Jmagery — 1942

• Aerial Imagery — 1962

• 9/30/ 10 Electronic Mail Correspondence from Alan Quackenbush, Subject: Re: PownalRacetrack — Beave r Wood Energy Project

• Stream Buffer Map

• Rare Species and Wildlife Habitat Review Map

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Legend

VHBP Investigathon Area— VT Class )&1I Roads

Beaver Wood Energy Pownal, LLC

Pownal Biomass Site

Pownal, Vermont

Site Location Map

August 18, 2010

Sources: Background - lopo Poima), North PownaLBerlin, and North Adams Qiads from USGS (1954);

Roads and Property Parc els from VCGI (2005).

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WETLAND DETERM INATIO N DATA FO RM — Northcentral and North east Region

ProeW3ite: EA’J t4c ‘su otñ) City/County: fl’M J L /1*N kJ lI’i(ttV lJ samping Date:

ApplicantlOwner: ,JQt it)Slate: ‘N Sampling Point: I

Investigator(s): C.Wt&.SW A W’*P fl‘ ‘1 kt Zc_Cct’ Section, Township, Range:

Landform (hilistope , terrace. etc.): Local re lief (concave, convex, none):

Slope(%): Lat:Lj

1S’ gj OL(” Long : •*3°Z3’StIt” Datum: JW iIS

SoilMapUnitNarne: f atnJ UdtiMeit

cpil-’kj c(c,j NWlclessification: t744

Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)

Ar e Vegetation Soil or Hydrology signiticantiy disturbed? Are Normat Circumstance? present? Yes No

Ar e Ve9etation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)

SUMMARY OF FIND INGS — Attach site map showing sampling point locations, transects, important features, etc.

Hydrophylic Vegetation Present? Yes No Is the Sampled Area

Hydric Salt Present? Yes ‘)( No within aWetland? Yes X No

Wetland Hydrology Present? Yes No If yes, optional Wetland Site ID: Z—° IC’ —Remarks: (Explain eltemative procedures here or in a separate report.)

HYDROLOGY

Wetland Hydrology Indicators :Secondary Indicators (minimum of two reouire dl

Primary Indicators (minimum of one is required: check WI that ac,clv Surface Soil Cracks (86)

Surface Water (Al) — Water-Stained Isaves (89) — Drainage Patterns (810)High Water Table (A 2) Aquatic Fauna (813) — Moss Trim Lines (816)Saturation (A 3) — M arl Deposits (515) — Dry-Season Water Table (02)

j, Water Marks (81) — Hydrogen Sulfide Odor(Cl)

—Crayfish Burrows (Cs)Sediment Deposits (62) — Oxid ized Riiizospheres on Uving Roots (C3) Saturation Visible on Aer ial Ima gety (09)

Drift Deposits (83) — Pre sence of Reduced iron (C4) — Stunted or Stressed Plants (Dl)Algal Mat or Crust (84) — Recent iron Reduction In Tilled Soil s (Cs) Geomorphic Position (02)iron Deposits (85) Thin Muck Surface (07) — Shallow Aqultard (D3)Inundation Visible on Aerial Imagery (87) — Other (Explain in Remarks) — Microtopographic Relief (D4)Sparsely Vegetated Concave Surface (88) — FAG-Neutral Test (D6)

Field Observations:

Surface Water Present? Yes No ,JS._ Depth (inches):

Water Table Pre sent? Yes No— Depth (inches): tt in

saturation Present? Yes— No Depth (inches): Wetland Hydrology Present? Yes Nojudes capilary fringe)Describe Recorded Data (stream gauge, monitoring wWl, aerial photos, previous inspedions), if available:

Remarks:

US Army Corps of Engineers Northcentral and Northeast Region — Inter im Version

6

______________ _____________ _______________ __________________ __________



2.

Absolu te Dominant Ind icator% Cover Soecies? Status

Dominance Test worksheet:

Number of Dominant SpeciesThat Ne O&, FACW, or FAC: I (A)

Total Number of Dominant1

Species Across NI Strata: I (B)

PercentofDominantSpeclesTh at Are OBL, FACW, or FAC: I’

(AdS)

1ncllcators of hyd ric soi l and wetland hydrology mu stbe present, unless distu rbed or prob lem atic.

Definitions of Vegetation Strata:

Tree — Woody plants Sin. (7.6 cm) or more in diameterat breast height (DBH), regardless of height.

Sapling/shrub—Woody plants less than Sin. DBHand greater than 3.28 ft (1 m) tall.

Herb — All herbaceous (non-woody) plants, regardlessof size, and woody plants less than 3.28 ft tall.

Woody vInes — P31 woody vines greater than 3.28 ft inheight.

Hydrophytic

VegetationPresent? Yes 1 No

Reniarks: (Include photo numbers here or on a separate sheet.)

Northcentral and Northeast Region — Interim Vatsion

VEGETATION — Use scientific names of plants. Sampling Point: I

Prevalence Index worksheet:

Tota l % Cover of: MultIply by:

OBL species xi = 9Th

FACWspecies x2

FACspeoles x3

FACt) species x 4 =

UPL species x 5 =

Column Tota ls: t (A) 9‘ (B)

Prevalence Index = B/A =

Tree Stratum (Plo t siz e:

2.

3.

4.

5.

6.

7.

S&inajShnt Strahzn (Plot size:

Herb Stratum (Plot size:

1 !PMtASh Jc ll(h

Woody Vine Stratum (Plot size: V

Hydrophytic Vegetation Indicators:

I.. Rapid Test for Hydro phy tic Vegetation

J(. Dominance Test Is >50%

Prevalence Inde x Is s3.&

— Morphol ogic al Adaptatior& (Provide supportingdata in Remarks or on a separate sheet)

— Problematic l-lydrophytic Vegetation (Explain)

Total Cove r

= Total Cover

“rfl ‘1 O1-

= Total Cover

= Total Cover

4

US Army Co rps of Engineers

7

SO IL



MatrixColo r (mo ist) %

loLzjq 10 0

(b _‘tc I’

Polyvalue Below Surface (58) (LRR R,

MLRA 1490)

Thin Dark Surface (59) (tSR B, MLRA 1490)

Loa my Mucky Mineral (Fl) (LRR K. L)

Loamy Gle yed Matrix (F2)

Depleted Matr ix (P3)

Redox Da rk Surface (P6 )

Depleted Dark Surface (P7)

Redox Depressions (F8)

‘Location: PLPore Uning, MMatr ix.Indicators for Problematic Hydric Soils’:

— 2cm Muck (AiD) ( LRR K, L, MLRA 14DB)

— CoastPrairieRedox(Ai5)(LRRK,L,R)— 5cm Mucky Peat or Peat (53) (tSR K, L, B)— Dark Su rface (57) (LRR K, L)

— Po lyvalue Be low Surface (58) (LRR K, L)— Thin Dark Surce (59) (LRR K, L)— iron-Manganese Masses (P12) (LRR K, L, B)— Piedmont Floodplafri Sols (P19) (MLRA 1490)— Mesic Spodic (TAG) (MLRA 144A, 145, 1490)— Red Parent Mate rial (1F 2)

— Very Shal low Dark Surface (TFI2)— Other (Explain In Remarks)

Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)

Redox Features

Samp ling Point: IDepth(Inches)

la - o

Remarksolor 1mot) % Tyce’ LocZ Texture

iONlZb/L I

1ype; Cconcentratlon, DDepleUon, RM=Reduced Matrix, CS=C over ed or Coated Sand Grain s.Hydric Soil Indicators:

— His tosol (Al) —— I-fistic Epiperiori (A2)

— Black 1-IISIIC (AS) —— Hydrogen Sulfide (A4) —— Str atifi ed Layers (A5) —— Depleted Below Dark Surface (All) 4— Th ick Dark Surface (Al2) —— Sandy Mucky .tnerai (SI) —— Sandy Gleyed Matrix (54) —— Sandy Redox (55)

—Stripped Matrix (56)— Dark Surface (57 ) (LRR B, MIRA 1498)

9ridicators of hydrap hyti c vegetaticn and wetland hyd rology must be present unless disturbed or problematic.Restrictive Layer (If observed):

Type:

Depth (in ches):

Remarks:

Hydri c Soil Present? Yes X No —

US Army Corps of Engineers No rthce ntral and Northeast Region — Interim Version



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9Site Photographs — Wetland/Stream Delineation



I’anasse Ihingen lirustliji. inc. Beave r Wood Energy LLC, Pownal Biomass Site

Pho tographer:Photographs Taken:

VHB Pro ject#

VHB PioneerMay, June, or August 2010

57407

Photograph 2: Represen tative view of the Hoosic River, glidepooi rea ch (C. Martin)

f:\37407.OO beaveT wood powiiahdoes’snemos\nr rneino\bvr wood biomass weti stream photo Jayout_1O-20-!O.docx

10p Site Photographs — WetlandJStream De lineation



u-tm

I anassc Hangen jJr,,siIin. Inc. Beaver Wood Energy LLC, Pownal Biomass Site

F. --.

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Photograph 3: Representa tive view of stream 2010 -TB -2 (LaddBrook) (C. Martin)

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Photograph 4: View of downstream inver t of culvertedcrossin g on 2010-TB-2 (Ladd Brook) (C. Martin)

Pho tographe r: VHB PioneerPhotographs Taken: May, June, or August 201 0VHE Projec t# 57407

f:\57407,00 beaver wood pownal\docs’xnemos\nrmemo\bvr wood biomass weti stream photo layoutjO.20-1 O,docx

11

Site Photographs — Wetland/Stream Delineation



Vanasse Ila ngen Brush/n, Inc. Beaver Wood Energy LLC , Pownal Biomass Site

Photograph 6: Representative view of the non-j urisdictionalexcavate d p ond/wetland 2010-2 in the midd le of the former racetrack (R. Scott)

Photogra pher :Photog raphs Taken:

VHN Project#

VHB PioneerMay, June, or August 20 1057407

Photograph 5: Representative view of the jurisdictionalexcavated wetland 2010-1 (C . Mart in).

F

f:\57407OO beaver wood pownal\docs’menios\nr memo\bw wood biomass weti stream photo layout O2O-1 Odocx

12Site Photog raphs — Wetland/S tream Delineation



tj ;r ass e Iia2ge12 lir’u.stlbi, Izc. Beaver Wood Energy LLC, Pownal B ioma ss Site

Photograph 8: View of paved parking, former race track, andexcavated wedandipond 2010-2 (L. Stafford )

Photographer:Pho tographs Taken:

VFIB Pro ject#

VHB Pioteer

May, June. or August 201057407

Pbotograph 7: View of typ ical non -we tland condition innorthern over fonner (C. Martin)

f:\57407.OO beave r wood pownal\docs’memos\nr niemo\bvr wood biomass wet ! s tream photo layout 1O-20 -lOdocx

13

Site Pho tographs — Wetland!Sfream De lineation



I 4an asse Ilanpen lirustlin, Inc

Pho tographe r:Pho tographs Taken:

VHB Project#

Beaver Wood Energy LLC, Pownal Biomass Site

VFIB PioneerMay, June, or August 2010

57407

Photograph 9: View of typical Hoosic River bu ffe r conditionwithin the site (C. Martin)

f:\57407.OO beav er wood powia1\docs\memos\nr memo\bvr wood bion iass weti stream phot o l ayout_1O -20-1Odocx



Legend

VHDl’ Jnvestiga6on Area

Soil Comparison Location

— VT Class j&ll Roads

Beaver Wood Energy Pownal,

Pownal Biomass Site

Pownal, Vennont

Soil Comparison Locations

August 18, 2010

S, rom Ba&gousnd - Topo Fonia: North Powriat

BerSr. mid North Adams Quads from LSGS (19542Roads and Proprrty Parcels from VCGI (2%5) Soü Unitsfrom VCGJ (ZWS2

PIINEER7056 US Route 7PO Box 120North Ferrjsburh VT 054731802 4257788 f802-4257799

corn

r.’sNo’. Besaewosd

USDA NaIunI Resoisca

censervatlonsenlre Vermont SoIl Fact Sheet

27B: Udipsamments and Udorthents, gently s loping

This map unit consists of areas where the original so il has been removed or covered with fill material . The fill material is

Bennington County , Vermont 15



typ icallyloamy, but sandy and clayey areas are included. On-site investigation is needed to ide ntify the soil properties and to determine thehazards and limitations for specific uses.

The soil in this map unit has been altered or removed. This map unit is not suited to cultivated crops, hay or pasture.

Important farmland dassification: NPSL Land caoab iitv 8 s Vermont Agricul tural Value GrouD: 11

Vermont Residential Wastewater Disposal - Group and Subgroup:

V.- This un it is not rated as a site for soil-based residential wastewater disposal systems. Due to the variable nature of the soils, on-site investigations are needed to determine their suitability.

PHYSICAL and CHEMICAL PROPER TIE S II EROSiON FACTORSSoil Permeability I Organic I

Soil nameDepth Typica l Cl ay

reaction (ln/Hr) I matter I(In) texture (Pd)(Pet) Kw Kf T

tidipsamrnents 0-6 5 S 0-1 5.6- 7.8 20-100 0.0-0.5 .10 .15Udorthents 0-65 GR -SL 1-15 4.5- 7.3 0.06-20 0.5-10 —- —- —.

WATER FEATURES SOIL FEATURES

I Hydrologic ( Depth to seasonal I Hydric Ilooding Ponding

So il name

jgroup high water table

Frequency I Duration Frequency I Durati on so il? Depth to bedroc l(

(Feel) I I I I (range in inches)

Udipsamments — 1.54> 6.0 None None No

Udorthents —- I .5 6.0 None None No -—

LAND USE LIMITATIONS I AGR ICU LTU RAL YIELD DATA

So il name Land use Rating Reason**

Crop name Yield I acrelJdipsammenls Dwellings with basements: Not rated

Udorthents Dwelling s with basements: Not rated

Udipsarnments Pond reservoir areas: Not rated

Udorthents Pond reservoir areas: Very limit ed Seepage

W O OD LA ND MANAGEMENTManagement

Soil name concern Rating Reason Vermont natural communities

Udipsarnrnents Harvest equi p operability: Not rated

Udorthents Harvest equip operability: Well suited

Udipsamments Road suitability: Not rated

Udorthents Road sui tabil ity: Well suited

Udipsamments Erosion hazard (off-road ): Not rated

IJdorthents Erosion hazard (oft-road): Slight

Distribution Generation Date: 3/13/2008 Page 1 of 1

USDA Nannal RnotTc.S

Conservation Senlee Vermont Soil Fact Sheet Bennington county, vermont 16

29A: Occum fine sandy loam, 0 to 3 percent slopes

OCCUM SOILS formed in loamy over sandy alluvial deposits on flood plains that are frequently flooded for brief duration from MidWinter through early Spring. They are very deep to bedrock and well



drained. Permeability is moderate or moderately rapid in thesolum and rap id or very rapid in the substratum.

This map unit is well suited to cultivated crops, hay and pasture. Flooding is a hazard, but is of short duration and usua lly occurs inthe spring. Till age operations may be delayed in some years.

Important farmland classification: Prime (I) Land caD abilitv: 1 Vermont Agric ultu ral Value GrouD:

Vermont Residential Wastewater Disposal - Group and Subgroup: - -

111g.- This unit is margin ally suited as a site for soil-based residential wastewater disposal systems, based on a review by the Na turaResources Conservation Service of criteria set forth in the Vermont 2007 Envir onmental Protection Rules. The hazard of flooding isthe major lim itation, Th is unit is on floodplains and typically includes land in the floodway and the special flood hazard area. Consultflood hazard maps prepared by the Federal Emergency Management Agency (FEMA) in local town offi ce s for more informa tion.Wastewater systems must be located, designed and constructed in a manner that avoids impairment to the system andcontamination from the system due to flooding .

PHYS ICAL and CHEMICAL PROPERTIES IEROSION FACTORSSoil I Permeability I Organic I

Soil name I Depth Tical clayreaction I (la/Kr) I matter I(In) te4ure (Pot) ) (pH) ) ) (Pc t) )KwIKfIT

Occum 0-10 FSL 2-12 4.5- 7.3 0.6-6 20-6.0 .20 20 310-36 FSL 2-12 4.5- 6.5 06-6 0.5-3.0 .20 2036-65 LFS 0-5 4.5- 6.5 6-20 0.0-1.0 .17 .20

WATER FEATURES SOIL FEATURESI Hydrologic Depth to seasonal Flooding I Pending IHydr ic Isoil? I Depth to bedrock

I (Feet)quency Duration Frequency Duration

(range in inches)

So il name group high water tableLFre

Occurn B 4.0->6.0 Frequent Brief None No -—

LAND USE LIM ITATIONS AGRICULTURAL YIELD DATA

Soil name Land use Rating Reason **crop name Yield / acre

Occum Dwellings with basements: Very limit ed Flooding Grass hay 4 Tons

Occum Pond reservoir areas: Very limited Seepage Grass-clover 7 AUM

Alf alfa hay 4.5 Tons

Grass-legume hay 4 Tons

Corn silage 24 Tons

WOODLAND MANAGEMENTManag ementSoil name concern Rating Reason Vermont natural communities

Occurn Harves t equip operability: w€II suited I Silver Maple-Ostrich Fern Riverine Floodp lainI Forest.ccurn Road suita bility: Poorly suited Flooding I Sugar Maple-Ostrich Fem Riverire Flo odpl ainOccum Erosion hazard (off-road) : Slight I Forest,

Successional Floo dpla in Forest Variant

Distribution Generation Date: 3/13/2008 Page 1 of 1



FLgend

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Pownal, VermontAerial Imagery

1942

August 31, 2010

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I’ownal, VermontAerial Imagery

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August 31,2010

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19

From: Quackenbush, Alan

To: Crarv. Adam;



Subject: RE : Pownal Racetrack - Beaver Wood Energy projectDate: Thursday, September 30, 2010 4:36;59 PM

Adam,

I have visited the Pownal racetrack several times over the past 15 years for variousprojects. Two man-made features (ponds) there were part of a sewage treatmentsystem, even though now are not part of a working system. Under the new rulesnow in effect, they are exempt from the Rules. They are also not consideredwaters of the state. Hope this is what you were looking for . — Alan Quackenbush,State Wetlands Coordinator.

From: Craw, Adam [mailto:AC [email protected]]Sent: Thursday, September 30, 2010 3:33 PM

To: Quackenbush, AlanCc: Perry , MeddieSubject: Pownal Racetrack - Beaver Wood Energy project

Alan:

I’m following up with you about the email I sent in early September (below) askingfor your written verification that the man-made ponds at the former Pownalracetrack would not be jurisdictional under the new VT Wetland Rules. I knowyou’re very busy, but your confirmation (an email will do very nice ly) is needed asBeaver Wood Energy nears a Section 248 filing. I’ve attached our delineation mapif it helps. If you need anything else, Alan, please let me know.

Thanks - Adam

Adam R.

Craw,PWS, P

WDSenior Wetland Scientist

802 .425 .7788 x6401

www.vhb.com

From: Crary, AdamSent: Thursday, September 09, 2010 8:51 AM

To: ‘Quacke rthush, Alan’

Cc: Scott, Ryan; Perry, MeddleSubject: Pownal Race

track-

Beaver Wood Energy project

20

Good Morning, Alan:



Pvc passed along the results of our conversation yesterday following your VTWetland Rules presentation. Our project manager (Meddie Perry) was happy tohear the news that both constructed pond features at the racetrack in Pow

nal willnot be Class II or jurisdictional under the new rules. However, my word is notquite what yours is — when you can, wou ld you mind passing alon g a quick emailwe can use for the project file confirming that neither feature would be regulatedunder the VWRs?

If you need more information — we have plenty of it, but knowing your pastexperience with the site, I’m trying to keep it brief.

Thanks,in

advance, Alan!

Adam R. Crary, PWS, PWD

Senior Wetland ScientistVHB Pioneer

Transportation Land Development I Environmental Services7056 Us Route 7

Post Office Box 120

North Ferrisburgh, VT 05473

Phone: 802.425.7788 x6401 I Mobile: 802.999.3709 Fax: 802.425.7799

[email protected]

www.vhb.com

This communication is confidential and intended only for the recipient(s). Any other use,dissemination, copying , or disclosure of this communication is strictly prohibited. If youhave received this communication in error, please notify us and destroy it immediately.Vanasse Hangen Brus tlin. Inc. is not responsible for any undetectable alteration, transmissionerro r, conversion, media degradation, software error, or interference with this transmission.Vanasse Hangen Brustlin, Inc. 1101 Walnut St I Watertown, MA 024721617.924.1770

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Beaver Wood Energy Puwnal, LL C

Powual Biomass Site

Pownal, Vermont

Stream Buffer Map

Vanasse Hangen B,’ Jstlin, Inc.xisting Culvert — Roads

I’



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Rare Species and Wildlife Habitat Review Map

Octobea 18, 2010

1.200 600 0 1100 Vanasse Hangen Brustlin, inci’a

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Documents

Beaver Wood Pownal 248 Filing: No. 8F - Pre-Filed Testimony of Timothy Donnelly SD