A. Notwithstanding any other provision of this article, the Department, when administering a VESCP pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.), may choose to accept a set of plans and supporting calculations for any land-disturbing activity determined to be de minimis using a risk-based approach established by the Board.

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Terms Used In Virginia Code 62.1-44.15:56.1

  • Board: means the State Water Control Board. See Virginia Code 62.1-44.3
  • Certified plan reviewer: means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of plan review, (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (§ Virginia Code 62.1-44.15:51
  • Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.15:51
  • land-disturbing activity: means any man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land. See Virginia Code 62.1-44.15:51
  • plan: means a document containing material for the conservation of soil and water resources of a unit or group of units of land. See Virginia Code 62.1-44.15:51
  • VESCP: means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of this article. See Virginia Code 62.1-44.15:51

B. The Department is authorized to accept such plans and supporting calculations in satisfaction of the requirement of this article that it retain a certified plan reviewer or conduct a plan review. This section shall not excuse any applicable performance bond requirement pursuant to § 62.1-44.15:57.

2020, c. 812.