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clearing of land for nonagricultural or nonsilvicultural purposes. The regulation of discharges from development, for purposes of stormwater management, does not include the exclusions found in 9VAC25-875-860. Dike means an earthen embankment constructed to confine or control, especially one built along the banks of a river to prevent the outflow of lowlands; levee. Discharge means, when used without qualification, the discharge of a pollutant. Discharge of a pollutant means (i) any addition of any pollutant or combination of pollutants to state waters from any point source; or (ii) any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This definition includes additions of pollutants into surface waters from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This definition does not include an addition of pollutants by any indirect discharger. District or soil and water conservation district means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia. Diversion means a channel with a supporting ridge on the lower side constructed across or at the bottom of a slope for the purpose of intercepting surface runoff. Dormant means denuded land that is not actively being brought to a desired grade or condition. Drainage area means a land area, water area, or both from which runoff flows to a common point. Energy dissipator means a nonerodible structure which reduces the velocity of concentrated flow to reduce its erosive effects. Environmental Protection Agency or EPA means the United States Environmental Protection Agency. Erosion and sediment control plan means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. Erosion impact area means an area of land that is not associated with a current land -disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes. ESC means erosion and sediment control. ESM Plan means a soil erosion control and stormwater management plan. Flood fringe means the portion of the floodplain outside the floodway that is usually covered with water from a 100 -year flood or storm event. This includes the flood or floodway fringe designated by the Federal Emergency Management Agency. Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage. Page 3 of 27