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Afternoon Session ONLY] {09-23-16} 2 1 WITNESS - DAVID RAPHAEL 1 STATE OF NEW HAMPSHIRE 2 SITE EVALUATION COMMITTEE 3 September 23, 2016 - 12:50 P.M. DAY 5 4 Public Utilities Commission. 21 South Fruit Street, Suite 10 Afternoon Session 5 Concord, New Hampshire ONLY 6 7 IN RE: SEC DOCKET NO. 2015-02. ANTRIM WIND ENERGY, LLC; 8 Application of Antrim Wind Energy, LLC for a Certificate 9 of Site and Facility. (Hearing on the merits) 10 11 PRESENT FOR 12 SUBCOMMITTEE: SITE EVALUATION COMMITTEE: 13 Cmsr. Robert R. Scott Public Utilities Commission (Presiding as Presiding Officer) 14 Cmsr. Jeffery Rose Dept. of Resources & 15 Economic Development Dr. Richard Boisvert Dept. of Cultural Resources/ 16 (Designee) Div. of Historical Resources John S. Clifford Public Utilities Commission 17 (Designee) Dir. Eugene Forbes Dept. of Environmental 18 (Designee) Services/Water Division Patricia Weathersby Public Member 19 20 Also Present for the SEC: 21 Michael J. Iacopino, Esq. (Brennan... Pamela G. Monroe, SEC Administrator 22 Marissa Schuetz, SEC Program Specialist 23 COURT REPORTER: Cynthia Foster, LCR No. 014 24 {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 2 WITNESS - DAVID RAPHAEL 1 I N D E X 2 WITNESS DAVID RAPHAEL PAGE NO. (Resumed) 3 Cross-Examination by Mr. Reimers 5 4 (Continued) 5 Cross-Examination by Ms. Maloney 66 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 3 WITNESS - DAVID RAPHAEL 1 E X H I B I T S 2 EXHIBIT ID D E S C R I P T I O N PAGE NO. 3 4 CP-8 Decision and Order Denying 5 Application for Certificate 6 of Site and Facility Re: 67 7 SEC 2012-01 (4-25-13) 8 CP-15 Printout of Webpage: 9 dePierrefeu-Willard Pond 10 Wildlife Sanctuary 11 (Printed on 09-21-2016) 107 12 CP-16 Printout of Webpage: Bald 13 Mountain, Antrim, NH 14 (Printed on 09-21-2016) 107 15 CP-17 Printout of Webpage: 16 Goodhue Hill, Antrim, 17 NH (Printed on 09-21-2016) 107 18 CP-18 Printout of Webpage: Willard 19 Pond, Antrim, NH 20 (Printed on 09-21-2016) 111 21 CP-19 Printout of Webpages: 22 NHMagazine.com, et al 23 (Printed 09-17-2016 - 24 09-21-2016) 132 {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 4 WITNESS - DAVID RAPHAEL 1 2 P R O C E E D I N G S 3 (Hearing resumed at 12:50 p.m.) 4 PRESIDING OFFICER SCOTT: Okay. We're back 5 on the record, and, Mr. Reimers, we're still 6 with you, correct? 7 MR. REIMERS: We are. Okay. It was 8 pointed out to me that when I brought in Exhibit 9 11, today's Exhibit 11 should actually be 10 Exhibit 13 because on one day that I wasn't here 11 Francie had submitted an Exhibit 11 that I was 12 unaware of. So Exhibit 11 as marked today 13 should be marked 13. 14 PRESIDING OFFICER SCOTT: So 11 is 13? 15 MR. REIMERS: Correct. 16 PRESIDING OFFICER SCOTT: And 12 is 14? 17 MR. REIMERS: 12 is still 12. I believe 18 just one got bumped. Sorry for the confusion. 19 PAMELA MONROE: Just one other question, 20 Jason. So this is dated the 22nd. I assume you 21 intended today's date? 22 MR. REIMERS: I did. I thought I was going 23 to be beginning yesterday. That's why. 24 PAMELA MONROE: I wasn't here. So it got {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 5 WITNESS - DAVID RAPHAEL 1 handed out yesterday? 2 MR. REIMERS: No, but I had it ready in 3 case my turn came up. 4 PAMELA MONROE: Okay. 5 CONTINUED CROSS-EXAMINATION 6 BY MR. RIEMER: 7 Q Mr. Raphael, before the break you showed us a 8 map that you had relied on, is that right? 9 A That's correct. 10 Q Where did you get that map? 11 A It was at the kiosk in the parking lot at the 12 Willard Pond/Bald Mountain site. 13 Q Okay. And does that kiosk have an additional 14 map on the kiosk? 15 A I think it does on the board, yes. 16 Q Okay. Were you aware until -- would it surprise 17 you that that map is outdated, the map that you 18 have? 19 A I've since learned that it probably is outdated, 20 yes. 21 Q And would it surprise you to learn that Audubon 22 owns all of the shoreland except for the boat 23 launch around Willard Pond? 24 A No. I've clarified that situation. {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 6 WITNESS - DAVID RAPHAEL 1 Q And would it surprise you to learn that 2 Audubon's ownership includes the dam itself? 3 A No. 4 Q Okay. You state that the project, sorry. I'm 5 continuing my questions on page 126 of your 6 Visual Assessment Report. We're in the first 7 paragraph, and you state that the project will 8 not be visible from many locations in the 9 Audubon sanctuary; is that right? 10 A That's right. 11 Q This is not surprising given that the sanctuary 12 is largely wooded; is that correct? 13 A That's, in fact, part of the reasons we came to 14 that conclusion. 15 Q And you state in that paragraph, the project 16 does not appear to interfere with the mission of 17 the New Hampshire Audubon which does not 18 directly focus on scenic resources or qualities; 19 is that right? 20 A That's right. 21 Q Are you aware of any nonprofit in New Hampshire, 22 any conservation organization, whose stated 23 mission directly and only focuses on scenic 24 resources or qualities? {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 7 WITNESS - DAVID RAPHAEL 1 A No. 2 Q You're not suggesting that New Hampshire 3 Audubon's interest in protecting the viewshed of 4 Willard Pond is outside of Audubon's mission, 5 are you? 6 A It's not a stated part of your mission as far as 7 I read it off your website. 8 Q Is it contrary to Audubon's mission in your 9 opinion? 10 A No. 11 Q You looked at New Hampshire Audubon's website, 12 didn't you? 13 A Yes. 14 Q And you stated that the mission of New Hampshire 15 Audubon is to quote, "protect New Hampshire's 16 natural environment for wildlife and people," 17 end quote; correct? 18 A Correct. 19 Q So people use Willard Pond, don't they? 20 A Of course. 21 Q And people use and view Willard Pond's natural 22 environment, don't they? 23 A Yes. 24 Q And would you agree that most people using {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 8 WITNESS - DAVID RAPHAEL 1 Willard Pond approach the pond from the area of 2 the boat launch? 3 A If they're using Willard Pond, yes. 4 Q And right now, from the boat launch people at 5 the boat launch look out at a vista with no 6 human development in sight, is that right? 7 A That's right. 8 Q If the project is approved, people would see 9 four turbines from that boat launch? 10 A Yes. That's correct. I just, again, I want to 11 qualify my last statement by saying yes, people 12 look out from the boat lunch and see no human 13 development, but they are actually in a place 14 where there is human development at that vantage 15 point. I mean, there's a kiosk, there's the 16 boat launch, so forth and so on. 17 Q I was focused on the visual aesthetics. 18 A Yes. 19 Q Then my final question was if the project is 20 approved, people would see four turbines from 21 that boat launch? 22 A Yes. 23 Q On that page, page 126 in your report, you state 24 that quote, "the pond itself," this is the {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 9 WITNESS - DAVID RAPHAEL 1 beginning of the second paragraph? 2 A Page 127? 3 Q Page 126. 4 A Page 126. 5 Q Second paragraph beginning of the -- 6 A Hum. On my version on 126, I have photographs. 7 Would that be the next page? No. 8 PRESIDING OFFICER SCOTT: Let's go off the 9 record. 10 (Off-the-record discussion) 11 PRESIDING OFFICER SCOTT: Back on the 12 record. 13 Q Okay. Beginning of the second paragraph, you 14 say, the pond itself is not unlike many other 15 small ponds throughout the region, scenic in its 16 own way but certainly not a remote or highly 17 scenic wilderness location; is that right? 18 A That is right. 19 Q Please name the many other small ponds 20 throughout the region that are similar in size 21 and lack of development to Willard Pond. 22 A Actually, we, during the brake we had an 23 opportunity to look at Quiet Waters and do a 24 little refreshment, and we came out with a {SEC 2015-02} [Day 5/Afternoon Session ONLY] {09-23-16} 10 WITNESS - DAVID RAPHAEL 1 number of similar ponds.
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