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• (2) During construction, the person responsible for implementing the approved plan may request a variance in writing from the program authority. The program authority shall respond in «a icing either approving or disapproving such a request. If the program authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following, disapproval, the applicant may resubmit a variance request with additional documentation. Sec. 10-37. Agreement in lieu of a plan. (a) If land disturbing activity is for the purpose of establishing or modifying a single family detached dwelling, the program authority may allow an agreement in lieu of a plan for the construction of such dwelling, provided: (1) The single family dwelling is located on an individual lot which is not part of a subdivision; (2) The single family dwelling is located within a residential development or subdivision, and the individual lots are being developed by different property owners; or (3) The single family dwelling is located within a subdivision that no longer has an active erosion and sediment control plan; and (4) The agreement in lieu of a plan identifies die person fielding a eei4i fie to of eo+xpeieneethe responsible land disturber, as deSeFibed in Virginia rode 10. , -56-4-defined in this chapter, who shall be in charge of and responsible for carrying out the land disturbing activity. • (b) In determining whether to allow an agreement in lieu of a plan, the program authority shall include as part of its consideration the potential threat to water quality and to adjacent land resulting from the land disturbing activity. When an agreement in lieu of a plan is authorized and approved by the program authority, the program authority and the owner shall have all of the rights, responsibilities and remedies set forth in this article as though such agreement in lieu of a plan was an erosion and sediment control plan. Sec. 10-38. Amendment of approved plan. Sec. 10-39. Duty to comply, maintain and repair. Upon approval by the program authority of an erosion and sediment control plan, each owner shall: (1) Comply with the approved plan when performing, or allowing to be performed, any land disturbing activities, or activities to correct an erosion impact area; (2) Maintain and repair all erosion and sediment control structures and systems to ensure continued performance of their intended function; (3) Comply with all requirements of this article; and (4) Have a pefse' holding " eei4i fie to ofe responsible land disturber, as •