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2007_Ordinances
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describing the maintenance responsibilities of the owner to assure that the land disturbing activity <br />• will satisfy the purposes and requirements of this article. The plan shall identify the Persen holding, <br />^^,:fie to of eempetene responsible land disturber, as € escr bed in Virgins Code § 10.1 <br />-S(4defined in this chapter, who shall be in charge of and responsible for carrying out the land <br />disturbing activity. <br />(3) The program authority may require additional information as may be necessary for its <br />complete review of the plan. <br />(4) In lieu of paragraphs (1)--(3), above, if the land disturbing activity involves land also under <br />the jurisdiction of another local erosion and sediment control program, the owner may, at his option, <br />choose to have a conservation plan approved by the Virginia Department of Conservation and <br />Recreation, Division of Soil and Water Conservation. The owner shall notify the program authority <br />of such plan approval by such board. <br />(5) In lieu of paragraphs (1)--(3), above, any person engaging in the creation and operation of <br />wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in <br />accordance with applicable federal and state guidance, laws, or regulations for the establishment, <br />use, and operation of mitigation banks, pursuant to a permit issued by the Department of <br />Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers <br />may, at the option of that person, file general erosion and sediment control specifications for <br />wetland mitigation banks annually with the board for review and approval consistent with <br />• guidelines established by the board. <br />(6) Pursuant to Virginia Code sec. 10.1-563(D) electric natural gas and telephone utility <br />companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file <br />general erosion and sediment control specifications annually with the board for review and <br />approval. <br />Sec. 10-36. Review and approval of erosion and sediment control plan. <br />Each erosion and sediment control plan submitted pursuant to this article shall be reviewed <br />and approved as provided herein: <br />(1) The plan shall be reviewed by the program authority to determine its compliance with the <br />requirements of this article and with applicable state laws and regulations. <br />(2) During its review of the plan the program authority may correspond with the owner from <br />time to time to review and discuss the plan with the owner, and shall inform the owner in writing of <br />any modifications, terms, or conditions required to be included in the plan in order for it to be <br />approved. <br />(3) Except as provided in paragraph (4), below, the program authority shall approve or <br />disapprove a plan in writing within forty-five (45) days from the date a complete application was <br />• received. The decision of the program authority shall be based on the plan's compliance with the <br />
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