A contractor is excavating for a foundation and disturbs 1.2 acres of land. Under Virginia environmental regulations, what additional requirement applies due to the project size?
Correct Answer
A) All of the above
Projects disturbing more than 1 acre in Virginia require VPDES permits, erosion and sediment control plans, and may require environmental impact assessments.
Why This Is the Correct Answer
Virginia environmental law triggers multiple simultaneous requirements when a project disturbs more than 1 acre of land. Projects above this threshold require: (1) a VPDES (Virginia Pollutant Discharge Elimination System) permit to control stormwater runoff, (2) an erosion and sediment control plan to prevent soil loss and water pollution, and (3) potentially an environmental impact assessment depending on project characteristics. Because all three requirements apply, 'All of the above' is the correct and complete answer.
Why the Other Options Are Wrong
Option B: Erosion and sediment control plan required
An erosion and sediment control plan is required, but it is not the only requirement. Selecting this option alone ignores the equally mandatory VPDES permit and the potential environmental impact assessment, making it an incomplete answer.
Option C: VPDES permit required
A VPDES permit is required, but again it is not the only requirement triggered by disturbing more than 1 acre. This option captures only one of the multiple concurrent obligations imposed by Virginia environmental regulations.
Option D: Environmental impact assessment required
An environmental impact assessment may be required depending on project specifics, but it is the least certain of the three requirements listed. More importantly, selecting it alone ignores the mandatory VPDES permit and erosion and sediment control plan that definitely apply to this project.
Memory Technique
1 acre = Triple trigger in Virginia: VPDES permit + Erosion/Sediment Plan + Environmental Assessment. Remember 'PEA' β Permit, Erosion plan, Assessment. When you disturb more than 1 acre, you need all the PEA.
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