S TA T E O F V E R M O N T PU B L IC S E R V I C E B O A R D P e t iti on o f B e a v e r W o od E n e rg y P o w n a l, L LC ) fo r a C er tif ic ate of P u b li c G oo d , p u rsu an t to 30 ) V .S A . § 2 4 8 , to in sta ll a nd o p e r a t e a B i o m a s s E n e rg y F a c i li t y a nd an in te g r a t e d w o o dp ell et D o c k e t N o _ _ m an uf ac tu rin g fa c i l it y l o c a t ed n or th o f th e o ld G r e e n M o u nta in R a ce tra c k i n P o w n a l , V e o n t , ) to b e k n o w n a s t h e “ P o w n a l B io m a s s P r o j e c t” ) P R E - F I L E D T E S T I M O N Y O F A D A M C R A R Y O N B E H A L F O F B E A V E R W O O D E N E R P O W N A L , L L C Oc to be r 25 , 2 0 1 0 T h e p u r p o s e o f t re - fi l ed t e s t im n y o f M r . C r a r y i s to d e m o n s t ra te t h a t th p r o p o s e d P o w n a l B i o m a s s P ro je ct w ill c om p ly w it hc e rt a i n p r o v is i o n s of 3 0 V .S A. § 2 48 (b )( 5) . na m ely t h o s e p e rt ai g t o o ut sta n d in g r e s o u r c e w at er s , s t re am s , w e t la n d s, r a r e o r irr ep la ce ab le n a tu ra a re as , a n d n e c e s s a ry w i ld li f e h a b ita t an d e n d a n g e r e d s pe c ie s .
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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.
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
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” )
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
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
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).
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. 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.
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”
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
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
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
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
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
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
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