A.
Except as provided for herein, no person shall engage in any land-disturbing
activity in Mathews County until that person has submitted to the
VESCP plan approving authority an erosion and sediment control plan
for land-disturbing activity and until that plan has been reviewed
and approved by the VESCP plan approving authority.
B.
An erosion and sediment control plan shall be filed for land-disturbing
activity not exempted from this chapter. No approval to begin a land-disturbing
activity will be issued unless evidence of state permit coverage is
obtained where it is required. Where land-disturbing activities involve
lands under the jurisdiction of more than one VESCP, an erosion and
sediment control plan, at the option of the applicant, may be submitted
to the Department for review and approval rather than to each jurisdiction
concerned.
C.
Where the land-disturbing activity results from the construction
of a single-family residence, an agreement in lieu of a plan may be
substituted for an erosion and sediment control plan if executed by
the VESCP plan approving authority.
When land-disturbing activity will be required of a contractor
performing construction work pursuant to a construction contract,
the preparation, submission, and approval of an erosion and sediment
control plan shall be the responsibility of the owner.
A.
The governing body may designate areas in the County as erosion impact
areas. Any such designation shall be deemed to be a component of the
local control program regardless of whether or not a land-disturbing
activity is taking or has taken place.
B.
Consistent with this chapter, and in order to prevent further erosion,
the VESCP plan approving authority may require the approval of a conservation
plan for any erosion impact area. Such plan shall be subject to all
review, bonding, inspection and enforcement provisions of this chapter
which apply to approved land-disturbing permits. The required plan
shall be submitted by the owner of property designated as an erosion
impact area.
A.
In accordance with the procedure set forth in § 62.1-44.15:55E
of the Code of Virginia, any person engaging, in more than one jurisdiction,
in the creation and operation of wetland mitigation or stream restoration
banks, which have been approved and operated in accordance with applicable
federal and state guidance, laws, or regulations for the establishment,
use, and operation of wetland mitigation or stream restoration banks,
pursuant to a mitigation banking instrument signed by the Department
of Environmental Quality, the Marine Resources Commission, or the
United States Army Corps of Engineers, may, at the option of that
person, file general erosion and sediment control specifications for
wetland mitigation or stream restoration banks annually with the Board
for review and approval consistent with guidelines established by
the Board. Approval of general erosion and sediment control specifications
does not relieve the owner or operator from compliance with any other
local ordinances and regulations including requirements to submit
plans and obtain permits as may be required by such ordinances and
regulations.
State agency projects are exempt from the provisions of this
chapter except as provided for in the Code of Virginia, § 62.1-44.15:56.
