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DEQ urges clearer 'common plan' determinations for Orange County; will send implementation letter
Summary
DEQ officials told the Orange County Board that state rules tie separate construction phases together when they form a contiguous 'common plan of development or sale,' and said a corrective-action agreement prompted current implementation efforts; DEQ will send a guidance letter to local staff and said the policy is not being applied retroactively.
The Virginia Department of Environmental Quality told the Orange County Board of Supervisors on Aug. 12 that its implementation of the Virginia Erosion and Stormwater Management Act hinges on the definition of a "common plan of development or sale," and that determining whether separate projects count as one cumulative disturbance will be evaluated case by case.
"My name is Chance Ballard," said Chance Ballard, DEQ plan review manager, who along with April Rhodes, stormwater program manager, described the state and federal definitions and how they apply. DEQ emphasized that a common plan can be triggered by documentation or physical demarcation — including signs, permit applications or drawings — and that contiguous construction activities performed at different times can be treated as a single…
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