Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 70 - RESOURCE MANAGEMENT PLANS › Section 4VAC50-70-70 - Review of a resource management plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon completion of a new or revised RMP in
				accordance with
				4VAC50-70-50 and
				4VAC50-70-60, the owner or operator
				or the RMP developer on behalf of the owner or operator, shall submit the RMP
				to the review authority. If the RMP developer is a district employee or
				district board member of the district that is the designated review authority,
				the department shall serve as the review authority for that RMP.
B. Each soil and water conservation district
				shall establish a Technical Review Committee (TRC). RMPs received by a soil and
				water conservation district shall be referred to the TRC for review to ensure
				the RMP fully meets the minimum standards set forth in
				4VAC50-70-40 and the components
				specified in
				4VAC50-70-50. Within 90 days of
				receipt of the RMP, the soil and water conservation district shall notify the
				owner or operator and the RMP developer in writing if the RMP fulfills such
				requirements. An RMP that fails to fulfill such requirements shall be returned
				to the RMP developer noting all deficiencies. A revised RMP may be resubmitted
				once the noted deficiencies have been satisfactorily addressed. Revised
				submittals shall be reviewed and a response regarding RMP sufficiency or a
				listing of RMP deficiencies provided within 45 days of receipt.
C. If an RMP is located within multiple soil
				and water conservation districts, each TRC will review the portion of the plan
				applicable to the management unit within their district, either in consultation
				or independently of each other. The soil and water conservation district with
				the largest amount of acreage under the RMP has lead responsibility for (i)
				coordinating the review among multiple districts; (ii) resolving disputes;
				(iii) corresponding with the owner or operator and RMP developer regarding the
				RMP review; and (iv) when appropriate, submitting required documentation to the
				department to support issuance of a Certificate of RMP
				Implementation.
D. RMPs received by
				the department where no local soil and water conservation district exists , or
				where the RMP developer is a district employee or district board member of the
				district that would have been the designated review authority, must fully meet
				minimum standards set forth in
				4VAC50-70-40 and the components
				specified in
				4VAC50-70-50 and shall be reviewed
				by the department. Within 90 days of receipt of the RMP, the department shall
				notify the owner or operator and the RMP developer if the RMP fulfills such
				requirements. An RMP that fails to fulfill such requirements shall be returned
				to the RMP developer noting all deficiencies. A revised RMP may be resubmitted
				once the noted deficiencies have been satisfactorily addressed. Revised
				submittals shall be reviewed and a response regarding RMP sufficiency or a
				listing of RMP deficiencies provided within 45 days of receipt.
E. When an RMP is determined by the review
				authority to be insufficient to meet minimum standards set forth in
				4VAC50-70-40 and the components
				specified in
				4VAC50-70-50, such review authority
				shall work with the owner or operator and the RMP developer to revise the
				RMP.
F. Where an RMP is deemed
				sufficient, the notification issued to the owner or operator and the RMP
				developer by the review authority shall include approval of the plan and its
				implementation in accordance with subsection B or D of this section, whichever
				is applicable.
G. When an owner or
				operator is aggrieved by an action of the review authority pursuant to this
				section, the owner or operator shall have a right to appeal in accordance with
				4VAC50-70-110.
Statutory Authority: § 10.1-104.8 of the Code of
					 Virginia.