BEFORE THE
PUBLIC SERVICE COMMISSION
OF MARYLAND
In the Matter of the Application
Of Dan’s Mountain Solar, LLC for a
Certificate Of Public Convenience and
Necessity To Construct a 18.36 MW Solar
Photovoltaic Generating Facility in
Allegany County, Maryland
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Case No. 9400
DIRECT TESTIMONY OF DANIEL J. FELLER
ON BEHALF OF THE
MARYLAND DEPARTMENT OF NATURAL RESOURCES
POWER PLANT RESEARCH PROGRAM
Tawes State Office Bldg., B-3
Annapolis, MD 21401
410-260-8672
March 9, 2016
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PPRP Exhibit __(DJF-1)
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Q.
PLEASE STATE YOUR NAME, OCCUPATION, AND CURRENT POSITION.
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A.
My name is Dan Feller. I am the Western Regional Biologist for the Maryland
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Department of Natural Resources Wildlife and Heritage Service (WHS), Natural
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Heritage Program. My expertise is in small mammal ecology, aquatic
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invertebrate ecology, cave ecology, water quality analysis, herpetology,
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endangered species monitoring, and natural resources planning. A statement of
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my educational background, occupational history, and professional
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qualifications is provided as Appendix A to this testimony.
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Q.
HAVE YOU PARTICIPATED IN OTHER PROCEEDINGS TO DETERMINE
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ENVIRONMENTAL IMPACTS, INCLUDING FOR PROJECTS SIMILAR TO
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DAN’S MOUNTAIN SOLAR? IF SO, WHAT WAS THE NATURE OF YOUR
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ROLE?
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A.
Yes. I have assisted with environmental review on a regular basis since I joined the
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Maryland Department of Natural Resources in 1989. The environmental review
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process begins with the review of records from our database to determine the
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presence of rare and State listed species on and in the vicinity of the project area
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identified by the applicant. When potential impacts are identified, Regional
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Biologists such as myself work with the applicant to avoid or minimize disturbance.
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I have also provided expert scientific support to the National Park Service, U.S. Fish
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and Wildlife Service, Pennsylvania Game Commission, West Virginia Division of
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Natural Resources, Virginia Department of Game and Inland Fisheries, New York
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Department of Environmental Conservation, and The Nature Conservancy in the
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assessment of potential impacts to rare species and their environments. I provided
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input on the evaluation of environmental impacts for two windpower applications
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to the Maryland Public Service Commission: (1) Clipper Windpower’s application
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for a CPCN to operate a windpower facility on Backbone Mountain in Garrett
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County, Maryland, and (2) U.S. WindForce’s application for a CPCN to operate a
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PPRP Exhibit __(DJF-1)
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windpower facility on Savage Mountain in Allegany County, Maryland. In
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addition, I reviewed the micrositing of turbines by Clipper Windpower, as specified
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in the CPCN issued.
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Q.
REVIEW OF THE DAN’S MOUNTAIN SOLAR CPCN APPLICATION?
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6
WHAT WERE YOUR RESPONSIBILITIES WITH RESPECT TO PPRP’S
A.
My duties in this context were to review application materials, conduct site visits of
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the project area to evaluate habitat characteristics, and assess the potential
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ecological impacts of the proposed generation facility and its associated structures
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on threatened and endangered species with particular emphasis on small
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mammals. Specifically, I am responsible for assessing the potential impacts of
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power plant and right-of-way construction and operation on two State-listed
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Endangered Species, Allegheny Woodrat and Eastern Small-footed Bat, and one
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rare species, the Timber Rattlesnake. I am sponsoring the discussion of these
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species in the Environmental Review Document (ERD), PPRP Exhibit __(PP-3).
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Q.
WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS PROCEEDING?
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A.
My testimony is in support of one of the State's recommended licensing conditions
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for this project, Condition 3, which calls for measures to be taken to conserve
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habitat that can support the Endangered Species in question. This is of particular
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importance because Dan's Mountain Solar proposes to place solar panels and
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associated structures in locations where we are recommending the conservation of
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important habitat. Therefore, under proposed Condition 3, it is recommended that
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solar array placement would be subject to DNR’s approval of a Habitat
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Conservation Plan.
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My testimony presents the results of my assessment of potential impacts of the
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Dan’s Mountain Solar project to habitat suitable for rare, threatened, and
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endangered species. My assessment relates to the need to preserve certain parts of
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PPRP Exhibit __(DJF-1)
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the site from development to protect the habitat for these animals and also provides
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some guidance for “micrositing” solar panel arrays if the CPCN is approved.
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Q.
PLEASE DESCRIBE THE SPECIES OF CONCERN THAT ARE POTENTIALLY
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AFFECTED BY THE PROPOSED DAN’S MOUNTAIN SOLAR PROJECT AND
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THEIR STATUS IN MARYLAND.
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A.
The species of concern in this matter are closely associated with rocky habitats
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found at higher elevations in Maryland. The ranges of many higher elevation
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species are confined to more boreal regions of the eastern United States, so that
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their habitats are rare in Maryland. Species of concern include the State-listed
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Endangered Allegheny Woodrat and Eastern Small-footed Bat. The Timber
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Rattlesnake is rare, but is not formally a listed species in Maryland. The Northern
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Long-eared Bat was recently listed as Threatened under both federal and Maryland
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Endangered Species Acts.
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Allegheny Woodrat (Neotoma magister) is listed as Endangered in Maryland. It is a
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medium-sized rodent almost indistinguishable from the closely related eastern
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woodrat, although slightly larger on average, and often with longer whiskers. It is
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the second-largest member of the native North American rats, and can weigh up to
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a pound, roughly the size of an eastern grey squirrel. Allegheny woodrats prefer
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rocky outcrops associated with mountain ridges such as rock outcrops, cliffs, caves,
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and talus slopes. The surrounding forest habitat is usually deciduous. Throughout
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their range, they are found in mixed pine-oak forest, but they are also found in a
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range of other forest types, most commonly with a mix of hardwood trees. Their
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diets primarily consist of plant materials including buds, leaves, stems, fruits, seeds,
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acorns, and other nuts. Predators include owls, skunks, weasels, foxes, raccoons,
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bobcats, large snakes, and humans.
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Eastern Small-footed Bat (Myotis leibii) is listed as Endangered in Maryland. It is a
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species of vesper bat, and is found in the Eastern United States and Canada. It is
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PPRP Exhibit __(DJF-1)
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among the smallest of bats in eastern North America, and is known for its small feet
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and black face mask. The Eastern Small-footed bat is extremely rare throughout all
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of its range, and owing to white-nose syndrome their populations are continuing to
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dwindle. Most occurrences of this species have only been counted within the past
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decade or two and are not revisited regularly making the assessment of their
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population very difficult to assess. Many biologists believe the species is stable,
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having declined little in recent times, but that it is vulnerable, especially in its cave
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hibernacula. Distribution of the bats is spotty within their entire range, and they
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are considered to be very uncommon. These bats prefer to reside in deciduous or
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coniferous forests, and are active in mountain ranges from 240–1125 meters in
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height. During the summer and spring they prefer to roost in rock outcrops cliffs,
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talus, and rarely in buildings and turnpike tunnels, where they roost under rocks
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and in crevices during the day.
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Timber Rattlesnake (Crotalus horridus) is not a listed species in Maryland, but is
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considered rare (and is generally persecuted throughout its range). They are
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protected in many of the Appalachian states, but their populations are thought to
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be declining. It is the only rattlesnake species in most of the populous northeastern
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United States and is second only to its cousins to the west, the prairie rattlesnake, as
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the most northerly distributed venomous snake in North America. Generally, this
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species is found in deciduous forests in rugged terrain. During the summer, gravid
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females seem to prefer open, rocky ledges where the temperatures are higher, while
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males and nongravid females tend to spend more time in cooler, denser woodland
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with more closed forest canopy. Female timber rattlers often bask in the sun before
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giving birth, in open rocky areas known as "basking knolls." During the winter,
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timber rattlesnakes brumate (hibernation-like state) in dens, in limestone crevices,
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often together with copperhead snakes and black rat snakes. It is one of North
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America's most dangerous snakes, due to its long fangs, impressive size, and high
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venom yield. This is offset to some degree by its relatively mild disposition and
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PPRP Exhibit __(DJF-1)
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long brumation period. Before striking, they often perform preliminary rattling
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and feinting.
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Q.
CONSERVATION PLANNING IN CONDITION 3.
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PLEASE DESCRIBE THE AREAS CONSIDERED FOR HABITAT
A.
Based on site visits to the project area, I delineated four habitat areas that are
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suitable for the species of concern near the eastern boundary of the solar site. These
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sites are shown in the environmental review document titled PPRP Exhibit (PP-3).
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These habitat areas consist of the following:
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
Site 1. 30-meter forested zone on west side of road for Allegheny Woodrat
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Site 2. 200-meter rock outcrop and forested area for Allegheny Woodrat
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Site 3. 100-meter rock outcrop zone for Allegheny Woodrat
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Site 4. 100-meter rock outcrop zone for Allegheny Woodrat; Small-footed
Bat; and Timber Rattlesnake
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Q.
HAVE YOU MADE A VISIT TO THE PROPOSED PROJECT SITE?
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A.
Yes. My most recent visits to the site were on November 10, 2015 and November
17, 2015.
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Q.
DOES THAT CONCLUDE YOUR TESTIMONY AT THIS TIME?
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A.
Yes, it does.
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APPENDIX A:
STATEMENT OF QUALIFICATIONS
for Dan Feller
EDUCATION:
M.S., Applied Ecology and Conservation Biology course work completed, Appalachian
Laboratory, University of Maryland, 2013 to Present
B.A., Wildlife Management and General Biology, Frostburg State University, 1986
EXPERIENCE SUMMARY:
Dan Feller has over 27 years of management and research experience with
terrestrial, aquatic, and subterranean ecosystems. Specific areas of expertise
include small mammal ecology, aquatic invertebrate ecology, cave ecology, water
quality analysis, herpetology, endangered species monitoring, and natural
resources planning. Since joining Maryland DNR, Dan has provided expert
scientific support to The National Park Service, U.S. Fish and Wildlife Service,
Pennsylvania Game Commission, West Virginia Div. of Natural Resources,
Virginia Dept. of Game and Inland Fisheries, New York Dept. of Environmental
Conservation, and The Nature Conservancy.
AREAS OF QUALIFICATION:
Small Mammal Ecology. Dan has conducted or supervised small mammal
trapping surveys and monitoring throughout Western Maryland since 1986,
documenting the majority of boreal small mammal locality records in the state,
including those for the rock vole (Microtus chrotorrhinus), water shrew (Sorex
palustris), smoky shrew (Sorex fumeus), and long-tailed shrew (Sorex dispar).
Numerous reports document these findings and the data have been used
extensively to guide management decisions on public and private land. He also
provided training for zoologists from other eastern states demonstrating capture
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techniques and identifying boreal small mammal habitat.
Nearly all known aspects of Allegheny woodrat ecology in Maryland are the
result of scientific research, monitoring, and surveys designed and conducted by
Dan over a period of 15 years. Woodrat studies include distribution surveys,
radio telemetry monitoring, long term mark-recapture population monitoring,
prevalence of raccoon roundworm, deterioration rate of middens and latrines,
and landscape fragmentation effects. Research has been published and presented
at a variety of scientific conferences, with applications to public and private land
management. Dan pioneered the use of ear tattoos for permanently marking
woodrats, supplanting the use of ear tags by nearly all researchers today. Dan
authored the Allegheny woodrat global rank specifications for NatureServe and is
a member of the Woodrat Recovery Team.
He has also directed bat research in Maryland since 1992.
Aquatic Invertebrate Ecology/Cave Ecology. Initiating groundwater invertebrate
research at Appalachian Laboratory in 1987, Dan Feller has become the leading
expert in subterranean invertebrate ecology in Maryland. Most locality records
for subterranean macroinvertebrates in Maryland were documented during these
studies. He has also conducted research on globally rare, federally endangered,
and discovered previously undescribed species in Washington, D.C., West
Virginia, and Virginia through grants from the National Park Service, U.S. Fish
and Wildlife Service, and The Nature Conservancy. Previously undescribed
terrestrial cave invertebrates have also been documented in Maryland caves by
Dan, including the only blind unpigmented cave beetle known in the state.
Dan has directed the conservation of cave and groundwater ecosystems in
Maryland through cave gating, water quality monitoring projects, cave/sinkhole
restoration, and environmental review processes, and was instrumental in the
development of a cave management plan for the C&O Canal National Historic
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Park. Dan has also directed conservation efforts of a federally endangered
subterranean amphipod in Washington, D.C. for the U.S. Fish and Wildlife
Service and National Park Service. He has peer reviewed publications
documenting some facets of this ongoing research.
Dan conducted and supervised western Maryland freshwater mussel fauna
surveys since 1994.
Dan has conducted systematic surveys and monitoring of other terrestrial
invertebrate groups including lepidopterans, carabid beetles and odonates.
Water Quality Analysis. In 1989, Dan Feller was lead researcher for a water
quality assessment of Deep Creek Lake, Garrett County, MD. The most detailed
study conducted of Maryland’s largest reservoir included biweekly collection of
17 chemical and physical parameters, and a qualitative and quantitative analysis
of phytoplankton and zooplankton.
Herpetology. Dan Feller has conducted survey and monitoring research for the
Allegheny Hellbender (Cryptobranchus allegheniensis), Green Salamander (Aneides
aeneus), Wherle’s salamander (Plethodon wehrlei), Mt. chorus frog (Pseudacris
brachyphona), coal skink (Eumeces anthracinus anthracinus), timber rattlesnake
(Crotalus horridus), and mountain earth snake (Virginia valeriae pulchra).
CHRONOLOGICAL WORK HISTORY:
1989-Present Natural Resources Biologist, Natural Heritage Program, MD Dept. of
Natural Resources
1989 Water Quality Analyst, Deep Creek Lake Management, MD Dept. of Natural
Resources
1987-1989
Graduate Assistant, Appalachian Environmental Laboratory, University
of Maryland
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1986-1987
Wildlife Technician, Natural Heritage Program, Maryland Dept. of
Natural Resources
1985-1986
Work Study Research Assistant to Dr. Lowell Diller, Frostburg State
University
Professional Affiliations:
National Speleological Society - Biology Section
Society for Economic Botany
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