Download BEFORE THE PUBLIC SERVICE COMMISSION OF MARYLAND IN

BEFORE THE
PUBLIC SERVICE COMMISSION
OF MARYLAND
IN THE MATTER OF THE APPLICATION
OF MIRANT CHALK POINT DEVELOPMENT, LLC
FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY
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CASE NO. 8912
DIRECT TESTIMONY
OF
KARL A. BULLOCK
Q.
Please state your full name and business address.
A.
My name is Karl A. Bullock. My business address is 6241 N.W. 23rd Street, Suite 500,
Gainesville, Florida, 32653.
Q.
Please describe your educational background?
A.
I received a Bachelor of Science in Natural Resource Conservation in 1993 and a Master
of Science in Environmental Engineering Sciences in 1997, both from the University of
Florida.
Q.
What is your occupation and how long have you held this position?
A.
I am a Staff Ecologist with Golder Associates, Inc. I have worked for Golder Associates
since 1997.
Q.
What are your primary duties and responsibilities in this position?
A.
My primary duties and responsibilities consist of conducting threatened and endangered
species surveys, vegetative and aquatic biological monitoring, wetland delineation and
mitigation, and ecotoxicology assessments.
Q.
A.
Please summarize your employment history.
Prior to joining Golder Associates, I worked for KBN Engineering and Applied Sciences,
Inc. as an ecologist from 1995 until 1997. In that position, I was responsible for field
vegetative sampling, wetland monitoring, and plant and animal species identification.
From 1994 until 1996, I worked as a research assistant for the University of Florida,
Center for Wetlands and Water Resources, conducting field sampling and analyses on
wetlands systems and various fish and insect populations. I have also instructed a
graduate-level course in Wetland Ecology.
Q.
Have you ever testified as an expert witness before any court or administrative
body? If so, what was the nature of your testimony?
A.
Yes. I testified before Hearing Examiner Moore of the Public Service Commission of
Maryland in the currently-pending Mirant Dickerson Development proceeding.
Q.
What is the purpose of your testimony in this case?
A.
The purpose of my testimony is to describe the ecological analyses of the Chalk Point site
before and after the proposed Project, as described in Chapters 2, 4 and 7 of the
Application for a Certificate of Public Convenience and Necessity submitted to the Public
Service Commission.
Q.
Briefly describe the Project at issue in this case.
A.
Mirant Chalk Point has proposed to install four gas- and oil-fired simple combustion
turbines (CTs) at the existing Chalk Point Generating Station. Each new simple cycle
unit will have an associated electric generator. The Project will increase the electrical
generating capacity of the Chalk Point Generating Station by a nominal 340 MW.
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Q.
Are you familiar with the laws and regulations relating to the ecology at the Chalk
Point site?
A.
Yes. Any threatened or endangered species at the Chalk Point site is protected by the
federal Endangered Species Act and the Maryland Nongame and Endangered Species
Conservation Act. These protections extend to both plants and animals.
Q.
What methods were employed to identify species potentially occurring at and in the
vicinity of the Chalk Point site and what were the findings?
A.
A field assessment of the ecological setting at the Chalk Point site was conducted to
determine the presence and abundance of important natural communities, plants, and
animals. In addition to field surveys performed in July 2001, a literature search was
undertaken to determine plants and animals that could be present in the habitats found in
the vicinity of the Chalk Point site. The literature search included review of documents
previously prepared for the CPCN applications for the PEPCO and SMECO CT projects.
In 1994, the Maryland Wildlife and Heritage Division, a division of the Maryland
Department of Natural Resources, published “Rare, Threatened, and Endangered Plants
of Maryland,” which lists federal and state-protected plant species plus 770 additional
species that are considered candidates for state listing. A county-specific list of
threatened and endangered species known to occur in prince George’s County was
obtained from the Maryland Wildlife and Heritage Division in August 2001.
Additionally, forested communities in the vicinity of the Chalk Point site were surveyed
several years ago for the preparation of the “Forest Stand Delineation Report for
Proposed Combustion Turbine Facility, Transmission Corridor and Tree Conservation
Area” when the Chalk Point Generating Station was owned by PEPCO (ESE, 1990). The
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field survey performed in July 2001 indicated that the vegetative description of the
undeveloped forest in this area in 1990 is still accurate today.
A list of birds observed within 5 miles of the Chalk Point site was obtained from the
National Institute of Urban Wildlife. A total of 237 species have been observed in the
region. Bird surveys were conducted in 1989 as part of the Draft Critical Area
Conservation Plan (Hunter, 1989). Morning and evening observations were conducted on
three consecutive days. A total of 49 species were identified.
The literature and field survey were used to produce a detailed list of various species
found at the Chalk Point site, including mammals, birds, amphibians, reptiles and plants.
The list is found in Chapter 2 of the Application.
Q.
Were any other additional studies conducted?
A.
Yes. The Maryland Department of Natural Resources Wildlife and Heritage Division
(WHD) was asked to perform an environmental review of the Chalk Point site in August
2001. The environmental review process is the State’s primary method to ensure that
proposed projects do not jeopardize the continued existences of listed species of plants
and wildlife.
Q.
What were the findings of the Environmental Review requested by the State?
A.
In a letter dated September 14, 2001, the WHD did not identify any federal or State rare,
threatened, or endangered plants or animals within the project site. However, the WHD
database indicated that the State rare Spurred Butterfly-pea is known to have existed
within the vicinity of the project site. Also, the WHD noted that the forested area on the
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project site contains potential forest interior dwelling bird habitat and that conservation of
this habitat is mandated within the Chesapeake Bay Critical Area.
Q.
What are the expected impacts of construction and operation activities upon local
vegetative resources?
A.
Siting of the Project has been conducted to minimize impacts to natural areas. The
construction of the project will affect about 33 acres on the 1,142-acre Chalk Point site,
the majority of which have been affected by previous activities. These 33 acres will be
used to locate the CTs, stormwater basin, transmission lines, and fuel storage tanks.
About 12 acres of grasslands associated with an existing transmission line right-of-way
(ROW) and about 5 acres of upland forest will be affected by the Project. The effect on
wetland areas is dependent on the location of the transmission lines. The proposed
location places the lines parallel to the creek and thus would avoid any impacts. Should
any structure be near the creek, only a very small amount of wetlands could potentially be
affected. The affected upland forest habitat is isolated, surrounded by transmission line
ROWs and the existing Chalk Point SMECO facilities. This area is not ecologically
significant and large areas of higher quality upland forest habitat are found on the Chalk
Point property within Tree Conservation Areas. The remaining acreage affected by the
Project has been previously disturbed by the location of transmission lines and is
currently covered with weeds and grasses.
No plant species that are classified as endangered, threatened, or of special concern by the
U.S. Fish and Wildlife Service or the Maryland Department of Natural Resources were
observed on the Chalk Point site during field surveys conducted in 1990 or during the
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subsequent field survey in July 2001. The terrestrial systems that will be altered by the
construction do not contain important wildlife species and are not considered important
wildlife habitats because of their disturbed nature.
The forested area on the project site contains potential forest interior dwelling bird
habitat, although the probability of occurrence is low due to the isolated nature of the
forested parcel. To minimize the loss of this potential habitat, guidelines recommended
by the WHD in their September letter will be incorporated in the construction plans
where feasible. The previously approved Tree Conservation Plan designates significant
forested areas that are to remain undisturbed forever. The Project will not encroach upon
areas within the Tree Conservation Areas or within the landward boundary of the
Chesapeake Bay Critical Area.
As a result, clearing and construction will not cause any significant adverse ecological
impacts or any significant impact to federal or state listed terrestrial plants.
Q.
What are the expected impacts of construction and operation activities upon local
wildlife resources?
A.
Impacts to on-site and regional terrestrial wildlife due to plant construction and operation
will be limited. No critical habitat will be lost as a result of the project, and significant
acreage of natural areas will remain preserved on the Chalk Point site. The small acreage
of upland forest to be impacted is not suitable for use by forest interior dwelling bird
species, therefore no impacts to important bird species are expected. Since the proposed
site is situated in an area of pre-existing industrial activities, the likelihood of migratory
birds using the site as a corridor or thoroughfare is limited. Two bald eagle nests were
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documented on the northern edge of the Chalk Point property in the late 1980s. These
nests are currently inactive. A third nest is located near the southwest property boundary,
within the floodplain of Stanley Run. This nest is considered active and the construction
and operation of the existing Chalk Point facility has produced no adverse effects upon
nesting bald eagles. In addition, wildlife that may use the affected grasslands or forest
include common species which may easily relocate to other suitable habitat on the Chalk
Point site. As a result, no adverse effects on wildlife anticipated.
Q.
What are the expected impacts of construction and operation activities upon aquatic
systems and wetlands?
A.
The proposed project will not affect any surface waters on the site. No surface water
withdrawals are planned for the Project. Neither will there be any thermal discharges or
any wastewater discharges.
Impacts to wetlands, water bodies, and other aquatic ecological systems from
construction are not anticipated. No wetland areas are contained within the area proposed
for construction. Erosion, sedimentation, and runoff control measures will mitigate the
potential for water quality degradation. Impacts to aquatic biological communities are
not expected to be significant.
Q.
Please summarize your conclusions regarding the impact of the Project upon
ecological resources.
A.
The Project will have minimal, if any, significant impacts on the ecology at the Chalk
Point site and the surrounding area.
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Q.
Does this conclude your present testimony?
A.
Yes, it does.
Karl A. Bullock
Direct Testimony
MD PSC – April 2002
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