1. A. The department shall find that significant adverse impacts to wildlife are likely whenever the wildlife analyses prescribed in 9VAC15-60-40 A document that any of the following conditions exists:

   1. 1. State-listed T&E wildlife are found to occur within the disturbance zone or the disturbance zone is located on or within one-half mile of a known or potential sea turtle nesting beach.
   2. 2. The disturbance zone is located in part or in whole within zone 1, 2, 3, 4, 5, 10, 11, 12, or 14 on the CAPZ map.
2. B. The department shall find that significant adverse impacts to historic resources are likely whenever the historic resources analyses prescribed by 9VAC15-60-40 B indicate that the proposed project is likely to diminish significantly any aspect of a historic resource's integrity.
3. C. The department will find that significant adverse impacts to natural heritage resources are likely whenever the analysis prescribed by 9VAC15-60-40 C indicates that impacts to natural heritage resources will occur within the disturbance zone as verified by a site visit. No mitigation will be required solely as a result of predicted suitable habitat (PSH) models.
4. D. A project shall be deemed to have a significant adverse impact if it would disturb more than 10 acres of prime agricultural soils.
5. E. A project shall be deemed to have a significant adverse impact if it would disturb more than 50 acres of contiguous forest lands or if it would disturb forest lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § 58.1-3233 of the Code of Virginia.

Statutory Authority

§ 10.1-1197.6 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 21, eff. July 18, 2012; amended, Virginia Register Volume 41, Issue 20, eff. June 18, 2025.