§ 6-10. Approval, etc.

The plan-approving authority shall, within 45 days, approve any such plans, if it is determined that the plan meets the requirements of the local control program, and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this chapter.

The plan shall be acted upon within 45 days from receipt thereof by either approving said plan in writing or disapproving said plan in writing with specific reasons for its disapproval.

When the plan is determined to be inadequate, the plan-approving authority shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.

In order to prevent further erosion, the administrator may require approval of a plan for any land identified in the local program as an erosion impact area.

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.

Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall, and authorities created pursuant to Section 15.2-5102 of the Code of Virginia (1950, as amended) may, file general erosion and sediment control standards and specifications annually with the board for review and written comments. The specifications shall apply to:

1.

Construction, installation or maintenance of electric, transmission, natural gas and telephone utility lines, and pipelines, and water and sewer lines; and

2.

Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company.

Individual approval of separate projects within subdivision 1 or 2 of this subsection is not necessary when board-approved specifications are followed; however, projects included in subdivisions 1 or 2 must comply with board-approved specifications. Projects not included in subdivision 1 and 2 of this subsection shall comply with the requirements of the Isle of Wight County Erosion and Sediment Control Program.

In accordance with the procedure set forth by Section 62.1-44.15:55(E) of the Code of Virginia (1950, as amended), any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the board for review and approval consistent with guidelines established by the board.

State agency projects are exempt from the provisions of this chapter except as provided for in the Code of Virginia, Section 62.1-44.15:56 (1950, as amended). State agency projects are reviewed and approved by DEQ. (4-19-07; 11-11-08; 4-21-16.)