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Pre-Filed Testimony and Exhibits of David Raphael - Vermont Public ...

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Aesthetic Assessment <strong>of</strong> the Proposed Beaver Wood Biomass Facility<br />

4. Orderly Development <strong>and</strong> <strong>Public</strong> Investments<br />

Development by avoiding key scenic <strong>and</strong> natural features <strong>and</strong> providing a local<br />

source <strong>of</strong> renewable energy that is necessary for such development to occur<br />

4.2 <strong>Public</strong> Investments<br />

Section 248 references <strong>and</strong> incorporates 10 V.S.A. Section 6086, which includes<br />

Criterion 9(K) Development affecting public investments. This criterion considers<br />

whether a project, as proposed, will unnecessarily or unreasonably endanger the<br />

public or quasi public investment in public facilities, services or l<strong>and</strong>s or materially<br />

jeopardize or interfere with the function, efficiency or safety <strong>of</strong>, or public’s use or<br />

enjoyment <strong>of</strong> or access to the public facility, service or l<strong>and</strong>s.<br />

The proposed Fair Haven Biomass Project will not unnecessarily or unreasonably<br />

affect public investments or services in the Fair Haven area. The applicable<br />

investments include the state highway, Route 4, the Delaware <strong>and</strong> Hudson Railroad<br />

(although this may be a privately owned company running on a corridor that may or<br />

may not have public investment), The State <strong>of</strong> <strong>Vermont</strong> Welcome Center, <strong>and</strong> a<br />

public open space/recreation parcel at the end <strong>of</strong> Academy Road.<br />

The site <strong>of</strong> the plant will be accessed from Route 4 directly with exit ramps, thus<br />

providing for efficient flow in <strong>and</strong> out <strong>of</strong> the project site without any significant<br />

traffic impacts or unacceptable physical impacts to the highway. The traffic impact<br />

assessment conducted by Conley Associates did not conclude that there would be<br />

any significant impacts accruing from this project <strong>and</strong> that the L.evel <strong>of</strong> Service (LOS)<br />

at the intersection <strong>of</strong> Routes 4 <strong>and</strong> 4A would remain at the same level it currently<br />

functions at. Therefore, there will be no material change affecting the safety or<br />

operation <strong>of</strong> the highway, or specific impact to the physical attributes <strong>of</strong> the<br />

investrnenL<br />

There will be no specific impacts or changes to the existing rail line other than a<br />

proposed spur (which would be privately funded <strong>and</strong> operated). The spur would be<br />

consistent with the purpose <strong>and</strong> operation <strong>of</strong> the rail line <strong>and</strong> as such will not<br />

adversely affect the operation or safety <strong>of</strong> the railroad.<br />

There will be no direct impacts to the Welcome Center other than visual, <strong>and</strong> the<br />

visual impact has been addressed in Section 2 <strong>of</strong> this report. As the Welcome Center<br />

is not adjacent to the site (it is approximately .12 miles from the boundary <strong>of</strong> the<br />

project site) there will be no direct physical impacts that could endanger the public’s<br />

well being or safety, or interfere with the functioning <strong>of</strong> the Welcome Center. In<br />

terms <strong>of</strong> the public’s use <strong>and</strong> enjoyment <strong>of</strong> the Center, the project will not affect the<br />

public’s use <strong>of</strong> the site (aside from a gazebo which is closed-in <strong>and</strong> with a bench<br />

facing in a different direction from the site). There is only one picnic table outdoors<br />

20

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