Current through Register Vol. 41, No. 3, September 23, 2024
A. The
applicant shall prepare a mitigation plan for any resource for which a
significant adverse impact determination has been made as a result of the
analysis pursuant to 9VAC15-100-50. The plan shall detail actions by the
applicant to avoid, minimize, or otherwise mitigate such impacts and shall be
an enforceable part of the PBR.
B.
Mitigation measures for significant adverse impacts to wildlife shall include
the following.
1. For state-listed T&E
wildlife, the applicant shall take all reasonable measures to avoid significant
adverse impacts or shall demonstrate in the mitigation plan what significant
adverse impacts cannot practicably be avoided and why additional proposed
actions are reasonable. These additional proposed actions may include best
practices to avoid, minimize, or offset adverse impacts to resources analyzed
pursuant to 9VAC15-100-40 A or C.
2. For proposed projects where the
disturbance zone is located on or within one-half mile of a known or potential
sea turtle nesting beach, the applicant shall take all reasonable measures to
avoid significant adverse impacts or shall demonstrate in the mitigation plan
what significant adverse impacts cannot practicably be avoided and why
additional proposed mitigation actions are reasonable. Mitigation measures
shall include the following.
a. Avoiding
construction within likely sea turtle crawl or nesting habitats during the
turtle nesting and hatching season (May 20 through October 31). If avoiding
construction during this period is not possible, then conducting daily crawl
surveys of the disturbance zone (May 20 through August 31) and one mile beyond
the northern and southern reaches of the disturbance zone (sea turtle nest
survey zone) between sunrise and 9 a.m. by qualified individuals who have the
ability to distinguish accurately between nesting and non-nesting
emergences.
b. If construction is
scheduled during the nesting season, including measures to protect nests and
hatchlings found within the sea turtle nest survey zone.
c. If nighttime construction cannot be
avoided, designing project lighting during the construction and operational
phases to minimize impacts on nesting sea turtles and hatchlings. Proposed
project lighting must be submitted to DWR and the U.S. Fish and Wildlife
Service for approval prior to construction.
C. Mitigation measures for significant
adverse impacts to historic resources shall include the following.
1. Significant adverse impacts to
VLR-eligible or VLR-listed architectural resources shall be minimized to the
extent practicable through project design or the installation of vegetative or
other screening.
2. If significant
adverse impacts to VLR-eligible or VLR-listed architectural resources cannot be
avoided or minimized such that impacts are no longer significantly adverse,
then the applicant shall develop a reasonable and proportionate mitigation plan
that offsets the significantly adverse impacts and has a demonstrable public
benefit and benefit for the affected or similar resource.
3. If any identified VLR-eligible or
VLR-listed archaeological site cannot be avoided or minimized to such a degree
as to avoid a significant adverse impact, significant adverse impacts of the
project will be mitigated through archaeological data recovery.
D. For projects subject to
9VAC15-100-120, mitigation measures for significant adverse impacts to natural
heritage resources shall be as required for any other small renewable energy
project permit by rule regulation that is applicable.
Statutory Authority: §§ 10.1-1197.5 and
10.1-1197.6 of the Code of Virginia.
