Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Part II - Permit by Rule Provisions for Combustion Energy Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise Meeting Criteria for Part III › Section 9VAC15-70-60 - Mitigation plan

Current through Register Vol. 40, No. 24, July 15, 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.