Q. Please state your name and business address

Before the

Public Service Commission

of maryland

in the matter of the )

Application of Old Dominion )

electric cooperative for a )

certificate of public ) CAse no. 8821

convenience and necessity to )

construct a 1,020 mw generating )

facility in cecil county, )

maryland )

DIRECT TESTIMONY

of

brian r. roh
Q. Please state your name and business address.

A. My name is Brian R. Roh. My business address is Burns & McDonnell, 9400 Ward Parkway, Kansas City, Missouri, 64114.

Q. What is your occupation?

A. I am an environmental consultant.

Q. What is your current position and how long have you held this position?

A. I am employed by Burns & McDonnell as an environmental scientist. I have worked in this capacity at Burns & McDonnell for the past three years.

Q. What are your primary duties and responsibilities in this position?

A. I specialize in threatened and endangered species issues, working as an ecologist for a variety of multidisciplinary siting and permitting studies for the power and communications industries. My typical responsibilities include agency coordination, field studies, and document preparation.

Q. What is your educational background?

A. I received my Bachelor of Science and Master of Science degrees from the Department of Biological Sciences, University of Nebraska, Lincoln, Nebraska.

Q. Please summarize your employment history.

A. Prior to joining Burns & McDonnell I was employed as a curator’s assistant at the University of Nebraska Museum, in the Research Collections Department, starting in June 1995. My primary responsibilities included identifying and cataloging fish, amphibian and reptile specimens for the museum. I also conducted an ichthyological survey of the North and South forks of the Platte River, in Nebraska. I was involved in this survey for 1.5 years, between March 1995 and September 1996.

Between January and December of 1996, I worked under contract with Cliffs Notes, Inc., writing text and script animations for biological teaching software.

Q. What has been your role with respect to the proposed Rock Springs Generating Facility (the “Project”)?

A. I serve as the threatened and endangered animal species specialist for the Project. My responsibilities include contacting the agencies, conducting wildlife studies, coordinating with the Applicants, preparing the appropriate sections in the CPCN Application and preparing and offering testimony.

Q. What is the purpose of your testimony in this proceeding?

A. My testimony describes the methods used to determine if any critical species or habitats were present on the Project site or the proposed electrical transmission line right-of way, describes how terrestrial species and habitats that may be impacted by the Project were identified, and summarizes the results of our field investigations and agency coordination. In addition, I will present an evaluation of the impacts to terrestrial species and habitats that may result from construction and operation of the Project.

Q. What methods were employed to identify species potentially occurring in the vicinity of the Project site and what were the findings?

A. Species lists and occurrence information were initially gathered from the U.S. Fish and Wildlife Service (FWS) on-line threatened and endangered species resources, the Maryland Department of Natural Resources (DNR) Wildlife and Heritage Division on-line occurrence records, a preliminary habitat assessment and agency correspondence. The on-line threatened and endangered species resources and occurrence records provided lists of expected and potential resident and migratory mammal, bird, reptile, amphibian, fish, and invertebrate species, potentially occurring at the Project site, in the surrounding region, and in Cecil County.

On February 19, 1999, I conducted a preliminary wildlife habitat assessment to look for any evidence of threatened and endangered animal species or their habitat at the Project site. The on-line threatened and endangered species resources and occurrence records were used in the field to identify any potential critical species that may be within the Project site. The results of the preliminary habitat assessment were summarized and sent to the FWS for review and comment. The FWS responded that the federally threatened bog turtle (Clemmys muhlenbergii) may be present within the Project site and that a bog turtle habitat and bog turtle survey should be conducted following the Maryland DNR guidelines for bog turtle surveys. The FWS also indicated that except for occasional transient individuals, no other federally proposed or listed threatened or endangered species are known to exist within the Project impact area.

Q. Were bog turtle surveys conducted?

A. Yes. On August 26, 1999, Gian L. Rocco (a sub-contractor to Burns & McDonnell) preformed a bog turtle (Clemmys muhlenbergii) survey and bog turtle habitat survey on the Project site. This survey was conducted, at the request of the FWS, to determine if bog turtles or potential bog turtle habitat are present on the Project site. The bog turtle is a federally listed threatened species and the Project site is within its current range. The bog turtle survey was conducted in accordance with Maryland DNR guidelines and confined primarily to a small, man-made, emergent wetland area in the northwestern portion of the Project site. The Maryland DNR guidelines indicated that bog turtle surveys would only be accepted from a DNR-recognized, qualified bog turtle surveyor. Mr. Rocco is a certified bog turtle surveyor per the Maryland DNR list. The bog turtle survey conducted by Mr. Rocco concluded that no bog turtles or bog turtle habitat are present at the Project site. Appendix D to the CPCN Application includes a copy of the bog turtle report.

Q. Did you conduct a preliminary habitat assessment of the transmission line right-of-way (ROW)?

A. Yes. On November 16, 1999, I conducted a preliminary habitat assessment of the electric transmission interconnection line ROW south of the Project site in Cecil County, Maryland. The on-line threatened and endangered species resources and occurrence records were again used in the field to identify any potential critical species that may be within the ROW. The results of the preliminary habitat assessment, which indicated no potential T&E species or critical habitat, were summarized and sent to the FWS and Maryland DNR Wildlife and Heritage Division for review and comment. We are awaiting their response.

Q. Please describe the composition and relative abundance of wildlife resources in the vicinity of the Project site.

A. The terrestrial fauna of Cecil County in the vicinity of Project site consists primarily of small mammals and bird species characteristic of rural areas of northeastern Maryland. The composition and abundance of the local wildlife resources also reflect the degree of agricultural disturbance, which includes commercial and residential land uses.

Q. At what locations in the vicinity of the Project site does most of the wildlife occur?

A. The observations made during the February 1999 site visit indicate that most of the wildlife occurs on the border of the immature wooded area and the agricultural fields. The highest species diversities occur in the immature and mature wooded areas; the highest species abundance occurs in the immature wooded area. The immature woods consist primarily of a mix of maple and greenbrier intergrading from the mature woods or bordering the cropland farther to the south. This narrow strip of woods runs east to west separating cropland from old fields and maple shrubland.

Several bird species were observed taking advantage of the roosting sites in the trees and the scattered grain in the agricultural fields. The species observed in the immature woods and along the edge between wooded areas and agricultural fields included American woodcock (Scolopax minor), blue jay (Cyanocitta cristata), red-winged blackbird (Agelaius phoeniceus), northern cardinal (Cardinalis cardinalis), mourning dove (Zenaida macrouria), and American robin (Turdus migratorius). The agricultural fields on the southern end of the Project site do not support any wildlife species unique or restricted to this area.

Q. In your opinion, what will be the impact of Project construction and operation upon threatened and endangered species?

A. The construction and operation of the Project will have no impact on listed threatened and endangered species. None of the species listed by the FWS or the Maryland DNR Wildlife and Heritage Division reside in the vicinity of the Project and on-site habitats are unsuitable for these species. Review of agency on-line resources and determinations obtained from the agencies verify these conclusions.

Q. What are the expected impacts of construction activities upon local wildlife resources?

A. The Project site contains no sensitive wildlife species that are expected to be permanently displaced as a result of noise, human presence or traffic. The clearing of any vegetation in the mature or the immature woods will result in the partial loss of on-site feeding and nesting sites, which may cause a reduction in on-site wildlife abundance. However, similar habitat is located immediately north and northeast of the Project site.

No ecologically unique or significant habitats will be affected either directly as a result of site clearing or indirectly as a result of runoff, discharges, or emissions during construction.

Q. Can wildlife that may be displaced as a result of Project construction and operation be assimilated into surrounding areas?

A. Yes. The wildlife composition of the Project site consists of species common and characteristic of rural habitats in the surrounding area. Given that extensive areas of similar habitat are located contiguous to the Project site (to the north and northeast), local assimilation of any wildlife displaced as a result of clearing or construction activities is highly likely.

Q. Please summarize your conclusions regarding the impact of the Project upon wildlife resources.

A. The expected impact of the Project on the wildlife resources of the Project site and surrounding region is related primarily to the type and degree of impact to the different wildlife habitats, on the sensitivity of individual species to disturbance, and on the probability of successful assimilation of displaced individuals into surrounding habitats.

The composition and abundance of the on-site wildlife resources reflect the degree of agricultural disturbances and existing impacts. As such, the wildlife composition consists primarily of common species characteristic of rural habitats. No endangered or threatened species occur on or in the vicinity of the Project site. The Project site is not located in a conservation area or wildlife preserve and it does not support an ecologically unique or significant habitat. As a result, most of the wildlife species presently occurring and recorded on the Project site are also expected to be found on or in the site vicinity following construction of the Project.

17. 
    Does this conclude your present testimony?
    

A. Yes, it does.