For the purposes of this chapter, the following words and terms
shall have such meaning as set forth herein, unless a specific meaning
to the contrary is indicated elsewhere in this chapter. Words and
terms not defined herein shall be interpreted in accordance with such
normal dictionary meaning or customary usage as is appropriate to
the context of this chapter.
A contract between the plan-approving authority (County of
Mathews) and the owner that specifies conservation measures that must
be implemented in the construction of a single-family residence; this
contract may be executed by the plan-approving authority in lieu of
a formal site plan.
Any person submitting an erosion and sediment control plan
for approval or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
The Virginia State Water Control Board.
An employee or agent of the Virginia Erosion and Sediment
Control Program (VESCP) authority i) who holds a certificate of competence
from the Board in the area of project inspection or ii) is enrolled
in the Board's training program for project inspection and successfully
completes such program within one year after enrollment.
An employee or agent of the Virginia Erosion and Sediment
Control Program (VESCP) authority who i) holds a certificate of competence
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, certified landscape architect
or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.)
of Chapter 4 of Title 54.1, or a professional soil scientist as defined
in § 54.1-2200 of the Code of Virginia.
An employee or agent of the Virginia Erosion and Sediment
Control Program (VESCP) authority who i) holds a certificate of competence
from the Board in the area of program administration, or ii) is enrolled
in the Board's training program for program administration and
successfully completes such program within one year after enrollment.
A land-disturbing activity, including clearing, grading,
or excavation, that results in a land disturbance equal to or greater
than 2,500 square feet and less than one acre in all areas of jurisdictions
designated as subject to the regulations adopted pursuant to the Chesapeake
Bay Preservation Act, Code of Virginia, § 62.1-44.15:67
et seq.
Any activity which removes the vegetative ground cover, including,
but not limited to, root mat removal or top soil removal.
The County of Mathews, Virginia.
The Department of Environmental Quality.
A tract of land developed or to be developed as a single
unit under single ownership or unified control which is to be used
for any business or industrial purpose or is to contain two or more
residential dwelling units.
The director of the Department of Environmental Quality.
A document containing material for the conservation of soil
and water resources of a unit or group of units of land. The plan
may include appropriate maps, appropriate soil and water plan inventory,
and management information with needed interpretations, and a record
of decisions contributing to conservation treatment. The plan shall
contain all major conservation decisions and all information deemed
necessary by the VESCP plan approving authority to assure that the
entire unit or units of land will be so treated to achieve the conservation
objectives set forth in this chapter.
An area of land not associated with a current land-disturbing
activity but subject to persistent soil erosion resulting in the delivery
of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land of 2,500 square
feet or less used for residential purposes or to shorelines where
the erosion results from wave action or other coastal processes.
Any digging, scooping or other methods of removing earth
materials.
Any depositing or stockpiling of earth materials.
Any excavating or filling of earth materials or any combination
thereof, including the land in its excavated or filled conditions.
Any man-made change to the land surface that may result in
soil erosion from water or wind and the movement of sediments into
state waters or onto lands in the Commonwealth, including, but not
limited to, clearing, grading, excavating, transporting, and filling
of land, except that the term shall not include:
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs, and maintenance work;
Individual service connections;
Installation, maintenance, or repair of any underground public
utility lines when such activity occurs on an existing hardsurfaced
road, street, or sidewalk, provided the land-disturbing activity is
confined to the area of the road, street or sidewalk that is hardsurfaced;
Septic tank lines or drainage fields unless included in an overall
plan for land-disturbing activity relating to construction of the
building to be served by the septic tank system;
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted pursuant to Title 45.1
of the Code of Virginia;
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops or livestock feedlot operations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivation, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 the Code of Virginia or is converted to bona fide agricultural or improved pasture described in Subsection B of § 10.1-1163;
Repair or rebuilding of the tracks, rights-of-way, bridges,
communication facilities and other related structures and facilities
of a railroad company;
Agricultural engineering operation, including but not limited
to the construction of terraces, terrace outlets, check dams, desilting
basins, dikes, ponds not required to comply with the provisions of
the Dam Safety Act (Code of Virginia, § 10.1-604 et seq.),
ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation;
Disturbed land areas of less than 10,000 square feet in size,
or less than 2,500 square feet in all areas of the jurisdiction designated
as subject to the Chesapeake Bay Preservation Area Designation and
Management Regulations;
Installation of fence and sign posts or telephone and electric
poles and other kinds of posts or poles;
Shoreline erosion control projects on tidal waters when all
the land-disturbing activities are within the regulatory authority
of and approved by the Mathews County Wetlands Board, the Marine Resources
Commission, or the United States Army Corps of Engineers; however,
any associated land that is disturbed outside of this exempted area
shall remain subject to this chapter; and
Emergency work to protect life, limb or property and emergency
repairs; however, if the land-disturbing activity would have required
an approved erosion and sediment control plan, if the activity were
not an emergency, then the land area disturbed shall be shaped and
stabilized in accordance with the requirements of this chapter.
A permit or other form of approval issued by the VESCP plan
approving authority for clearing, filling, excavating, grading, or
transporting of land or for any combination thereof or for any other
land-disturbing activity.
The utilization of engineering analysis and fluvial geomorphic
processes to create, rehabilitate, restore or stabilize an open conveyance
system for the purpose of creating or recreating a stream that conveys
its bankfull storm event within its banks and allows larger flows
to access its bankfull bench and its floodplain.
The owner or owners of the freehold of the premises or lesser
estate therein, mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a property.
The maximum instantaneous flow from a given storm condition
at a particular location.
The person to whom the land-disturbing approval is issued
or the person who certifies that the approved erosion and sediment
control plan will be followed.
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, county, city, town,
or other political subdivision of the Commonwealth, government body,
including a federal or state entity as applicable, any interstate
body, or any other legal entity.
An individual holding a certificate issued by the department
who is responsible for carrying out the land-disturbing activity in
accordance with the approved ESC plan. The RLD may be the owner, applicant,
permittee, designer, superintendent, project manager, contractor,
or any other project or development team member. The RLD must be designated
on the ESC plan or permit as a prerequisite for engaging in land disturbance.
The volume of water that runs off the land development project
from a prescribed storm event.
A noncommercial dwelling that is occupied exclusively by
one family.
An approval to conduct a land-disturbing activity issued
by the Board in the form of a state stormwater individual permit or
coverage issued under a state general permit.
All waters on the surface and under the ground wholly or
partially within or bordering the Commonwealth or within its jurisdiction.
The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development,
or, if a new street is involved in such division, any division of
a parcel of land. The term includes resubdivision and, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided.
Any moving of earth materials from one place to another place
other than such movement incidental to grading, when such movement
results in destroying the vegetative ground cover either by tracking
or the buildup of earth materials to the extent that erosion and sedimentation
will result from the soil or earth materials over which such transporting
occurs.
The County of Mathews has adopted a soil erosion and sediment
control program approved by the Board.
The Department of Planning and Zoning responsible for determining
the adequacy of a plan submitted for land-disturbing activities on
a unit or units of land and for approving such plans.
A program approved by the Board that has been established
by Mathews County 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, permit requirements,
annual standards and specifications policies and guidelines, technical
materials, and requirements for plan review, inspection, enforcement
where authorized in this article, and evaluation consistent with the
requirements of this article and its associated regulations.
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
