Current through Register Vol. 41, No. 3, September 23, 2024
A. If the
department determines that significant adverse impacts to wildlife or historic
resources or both are likely, then the applicant shall prepare a mitigation
plan. The mitigation plan shall include a description of the affected wildlife
or historic resources, or both, and the impact to be mitigated; a description
of actions that will be taken to avoid the stated impact; and a plan for
implementation. If the impact cannot reasonably be avoided, the plan shall
include a description of actions that will be taken to minimize the stated
impact and a plan for implementation. If neither avoidance nor minimization is
reasonably practicable, the plan shall include a description of other measures
that may be taken to offset the stated impact and a plan for
implementation.
B. Mitigation
measures for significant adverse impacts to wildlife shall include:
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
9VAC15-70-40 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 - October 31). If avoiding
construction during this period is not possible, then conducting daily crawl
surveys of the disturbance zone (May 20 - August 31) and one mile beyond the
northern and southern reaches of the disturbance zone (hereinafter "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, then including measures to protect nests
and hatchlings found within the sea turtle nest survey zone.
c. Minimizing nighttime construction during
the nesting season and designing project lighting during the construction and
operational phases to minimize impacts on nesting sea turtles and
hatchlings.
3. For
projects located in part or in whole within zone 1, 2, 3, 4, 5, 10, 11, 12, or
14 on the Coastal Avian Protection Zones (CAPZ) map for which the tallest point
of the built structures exceeds 200 feet, contribute $1,000.00 per megawatt of
rated capacity, or partial megawatt thereof, to a fund designated by the
department in support of scientific research investigating the impacts of
projects in CAPZ on avian resources.
C. Mitigation measures for significant
adverse impacts to historic resources shall include:
1. Significant adverse impacts to
VLR-eligible or VLR-listed architectural resources shall be minimized, to the
extent practicable, through design of the combustion energy project 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.
§ 10.1-1197.6 of the Code of
Virginia.
