Current through Register Vol. 41, No. 3, September 23, 2024
A. The applicant
shall conduct a preconstruction wildlife analyses as follows.
1. The applicant shall prepare a wildlife
report and map generated either (i) from DWR's Virginia Fish and Wildlife
Information Service web-based application or (ii) from a data and mapping
system including the most recent data available from DWR's subscriber-based
Wildlife Environmental Review Map Service of known wildlife species and habitat
features on the site or within two miles of the boundary of the site, known or
potential sea turtle nesting beaches located within one-half mile of the
disturbance zone, and desktop information for bald eagle nesting locations from
the Center for Conservation Biology at the College of William and
Mary.
2. The applicant shall assess
and describe the expected beneficial and adverse impacts, if any, of the
proposed project on wildlife identified by these studies and
analyses.
B. The
applicant shall perform a preconstruction historic resources analysis conducted
by a qualified professional meeting the qualification standards of the
Secretary of the Interior's Standards for Archeology and Historic Preservation
in the appropriate discipline. Any study or analysis required under this
subsection submitted to DHR for review may be considered accepted by DHR if DHR
does not provide comments within 30 calendar days from confirmed receipt of an
analysis determined to be administratively complete. In this case, the
applicant may assume DHR concurrence with the recommendations of the study or
analysis and proceed accordingly. The analysis shall include each of the
following:
1. Information on known historic
resources within the disturbance zone and within one-half mile of the
disturbance zone boundary, identified on the context map referenced in
9VAC15-100-70 B, or as an overlay to this context map, as well as in tabular
format.
2. An architectural field
survey of all architectural resources, including cultural landscapes 50 years
of age or older within the disturbance zone and within one-half mile of the
disturbance zone boundary, and an evaluation of the eligibility of any
identified resource for listing in the VLR. The architectural survey area may
be refined by the applicant based on an analysis to exclude areas that have no
direct view to the facility. The applicant shall provide detailed justification
for any changes to the survey area.
3. An archaeological field survey of the
disturbance zone and an evaluation of the eligibility of any identified
archaeological site for listing in the VLR. To streamline archaeological
investigations, the survey may be guided by a research design that utilizes a
probability assessment or predictive modeling. Such a research design shall be
approved by DEQ and DHR prior to conducting the fieldwork.
C. For projects subject to 9VAC15-100-120,
the applicant shall conduct a preconstruction desktop survey of natural
heritage resources and Virginia Natural Lands Assessment Ecological Cores
within the disturbance zone within six months prior to the date of the
application submittal. The analysis shall include a report of natural heritage
resources using either the DCR online information service order form or the DCR
subscriber-based Natural Heritage Data Explorer web application and include the
most recent data available on the following:
1. Documented occurrences of natural heritage
resources within 100 feet of the site;
2. Intersection of the site with predicated
suitable habitat models developed by DCR for rare, threatened, and endangered
species;
3. Intersection of the
site with the Virginia Natural Landscape Assessment Ecological Cores;
and
4. Onsite surveys for natural
heritage resources recommended by DCR based on the analysis required under this
subsection.
Statutory Authority: §§ 10.1-1197.5 and
10.1-1197.6 of the Code of Virginia.
