Neither the Director, nor any agency authorized under any law to issue grading, building,
or other permits for activities involving land-disturbing activities, may issue any
such permits unless the applicant submits with his application an approved conservation
plan, certification that the plan will be followed, and, where required, evidence
of VSMP permit coverage. Prior to issuance of any permit, the person responsible for
carrying out the plan shall provide the name of an individual holding a certificate
of competence to the Director, as provided by Virginia Code, § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing
activity. The Director, prior to issuance of any permit, may also require from any
applicant a reasonable performance bond with surety, cash escrow, letter of credit,
any combination thereof, or such other legal arrangement acceptable to the Director,
to ensure that measures could be taken by the County at the applicant's expense should
he fail, after proper notice, within the time specified to initiate or maintain appropriate
conservation action which may be required of him by the approved plan as a result
of his land-disturbing activity. If the County takes such conservation action upon
any failure by the permittee, the County may collect from the permittee the reasonable
cost of such action which exceeds the amount of security held. Following the issuance
of any permit, the Director, or his agents, shall have the right to enter and inspect
the permittee's property at all times prior to release of the project. Within 60 days
of the completion of adequate stabilization of the land-disturbing activity, as determined
by the Director, such bond, cash escrow, letter of credit or other legal arrangement,
or the unexpended or unobligated portion thereof shall be refunded to the applicant
or terminated. These requirements are in addition to all other provisions of law relating
to the issuance of such permits and are not intended to otherwise affect the requirements
for such permits.
(5-82-104; 15-89-104; 21-93-104; 37-03-104; 04-14-104.)