Current through Register Vol. 41, No. 3, September 23, 2024
A. Analyses of
wildlife. To fulfill the requirements of § 10.1-1197.6B 7 of the Code of
Virginia, the applicant shall conduct preconstruction wildlife analyses. The
analyses of wildlife shall include the following if the disturbance zone
exceeds 10 acres and the project does not meet the criteria of
9VAC15-70-130 B 2 a (2):
1. The applicant shall obtain a wildlife
report and map generated from DGIF's Virginia Fish and Wildlife Information
Service web-based application (9VAC15-70-120 C 3) or
from a data and mapping system including the most recent data available from
DGIF's subscriber-based Wildlife Environmental Review Map Service of the
following:
(i) T&E species within the
project's disturbance zone;
(ii)
known wildlife species and habitat features within the project's disturbance
zone and within two miles of the boundary of the project's disturbance zone;
and
(iii) known or potential sea
turtle nesting beaches located within one-half mile of the disturbance
zone.
2. If the height
of the tallest point of the built structures exceeds 200 feet, the applicant
shall consult the "Coastal Avian Protection Zones (CAPZ)" map generated on the
department's Coastal GEMS geospatial data system (9VAC15-70-120 C 1) and determine
whether the proposed combustion energy project disturbance zone will be located
in part or in whole within one or more CAPZ.
B. Analyses of historic resources. To fulfill
the requirements of § 10.1-1197.6B 7 of the Code of Virginia, the
applicant shall also conduct a preconstruction historic resources analysis.
1. Desktop survey for projects with rated
capacity exceeding five megawatts.The applicant shall perform a desktop survey
of known VLR-listed and VLR-eligible historic resources within the project's
disturbance zone and within one-half mile of the disturbance zone boundary by
means of an archives search of DHR's cultural resource inventory and report in
writing the results of the archives search to the department.
2. Architectural (direct impacts) and
archaeological surveys if disturbance zone exceeds 10 acres. If the project's
disturbance zone exceeds 10 acres and the project does not meet the criteria
for 9VAC15-70-130 B 2 a (2), the
applicant shall also meet the requirements of this subsection and the
prescribed analysis shall be conducted by a qualified professional meeting the
professional qualification standards of the Secretary of the Interior's
Standards for Archaeology and Historic Preservation (9VAC15-70-120 B 2) in the
appropriate discipline. The analysis for this subsection shall include each of
the following:
a. Architectural survey (direct
impacts). The applicant shall conduct a field survey of all architectural
resources, including cultural landscapes, 50 years of age or older, within the
disturbance zone and evaluate the eligibility of any identified resource for
listing in the VLR.
b.
Archaeological survey. The applicant shallconduct an archaeological field
survey of the disturbance zone and evaluate the eligibility of any identified
archaeological site for listing in the VLR. As an alternative to performing
this archaeological survey, the applicant may make a demonstration to the
department that the project will not penetrate the subsurface in a manner that
would threaten archaeological resources and that any necessary grading of the
site prior to construction does not have the potential to adversely impact any
archaeological resource.
3. Architectural survey (indirect impacts) if
the tallest point of the built structures exceeds 200 feet. If the tallest
point of the built structures exceeds 200 feet, the applicant shall also
conduct a field survey of all architectural resources, including cultural
landscapes, 50 years of age or older, within the one-half mile of the
disturbance zone boundary and evaluate the eligibility of any identified
resource for listing in the VLR. The prescribed analysis shall be conducted by
a qualified professional meeting the professional qualification standards of
the Secretary of the Interior's Standards for Archeology and Historic
Preservation (9VAC15-70-120 B 2) in the
appropriate discipline.
4.
Architectural survey (direct impacts) of structures 50 years of age or older.
If the project will utilize or demolish existing buildings 50 years of age or
older and the project does not meet the criteria for
9VAC15-70-130 B 2 c (2), the
applicant shall evaluate the eligibility of any such buildings for listing in
the VLR. The prescribed analysis shall be conducted by a qualified professional
meeting the professional qualification standards of the Secretary of the
Interior's Standards for Archaeology and Historic Preservation (9VAC15-70-120 B 2) in the
appropriate discipline.
C. Analyses of other natural resources. To
fulfill the requirements of § 10.1-1197.6B 7 of the Code of Virginia, and
if the project's disturbance zone exceeds 10 acres, the applicant shall also
conduct a pre-constructiondesktop survey of natural heritage resources within
the disturbance zone.
D. Summary
report. The applicant shall provide to the department a report presenting the
findings of the applicablestudies and analyses conducted pursuant to
subsections A, B, and C of this section, along with all data and supporting
documents. The applicant shall assess and describe the expected beneficial and
adverse impacts, if any, of the proposed project on wildlife and historic
resources identified by these studies and analyses.
Statutory Authority
§ 10.1-1197.6 of the Code of
Virginia.
