NAIOP Northern Virginia, The Commercial Real Estate Development Association (NAIOP), National Association of Homebuilders (NAHB) and Northern Virginia Association of Realtors (NVAR) filed a motion to intervene October 18, 2012 on the lawsuit between Fairfax County/VDOT vs. EPA (see Field Notes Vol. 20 No.6). This motion was approved by Consent Order by Judge Liam O'Grady on November 15, 2012. It is widely expected that EPA will try to negotiate a settlement – this action will allow organizations representing affected land owners a seat at the table.

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Effective November 1, 2012, Loudoun County has implemented the first phase of a number of changes to their Facilities Standards Manual (FSM). This work began with the Board of Supervisors adopting on February 1, 2012, a resolution of intent to amend the FSM in its entirety. Phase I of this work was to identify and recommend amendments to streamline the land development process and focused on the requirements for Preliminary Soils Reviews, tree conservation plans, Phase I Archeology studies and the submission of redundant wetland information. Phase II will focus on restructuring and streamlining the FSM to assist the public in using the FSM.

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On September 6, 2012, the Virginia Department of Environmental Quality (DEQ) Division of Enforcement published revisions to their Civil Enforcement Manual. Specifically, Chapter 4 of the Manual, which addresses Civil Charges and Penalties, was revised and updated. A memorandum summarizing the changes was published along with the new version of Chapter 4. The most significant change includes a re-write of the section on the Virginia Water Protection Permit Program (VWPP). Additionally, the revisions emphasize that the cost of non-compliance should exceed the cost of compliance and that the ability to pay a civil penalty is to be considered before, not after, an enforcement order is signed.

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Impacts to cultural resources are a significant aspect of the land development process – and the time required by developers to address these impacts in Virginia has just increased. On March 10, 2012, the Virginia House and Senate approved Governor McDonnell's Executive Reorganization Plan (HJ49ER), which included the elimination of the Virginia Council on Indians (VCI) and directed that an alternative mechanism for facilitating relationships between the Commonwealth and the tribes be developed. The result is a process that requires direct coordination with each tribe individually instead of a single contact with the VCI.

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On August 14, 2012 the Virginia Department of Game and Inland Fisheries (VDGIF) Board voted in favor of removing the bald eagle from the state list of endangered and threatened species, as the bald eagle was removed from the federal list on August 9, 2007. The new state list will become effective on January 1, 2013. The report prepared by VDGIF staff supporting the decision to remove the bald eagle from the state list provides further information regarding the rationale for this action.

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Major changes to the Virginia Impounding Structure Regulations (Regulations) were adopted on September 26, 2008, which resulted in improved dam safety, but significantly increased the economic burden on many existing dam owners. Several amendments have been adopted in the past few years to help provide some economic relief for a few dam owners. Recently, however, the Virginia Soil and Water Conservation Board directed the Department of Conservation and Recreation and a regulatory advisory panel to consider new amendments that would help provide economic and regulatory relief while still maintaining a high level of dam safety. The resulting amendments will become effective on November 8, 2012.

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About Wetland Studies and Solutions, Inc. (WSSI):

WSSI is the leading provider of natural and cultural resource consulting services in Northern Virginia. The firm has worked on a total of over 5,000 sites, comprising 200,000 acres, and has created hundreds of acres of wetlands and restored miles of streams. Our team of 75+ engineers, scientists, archeologists, ecosystem technicians, GIS/survey/compliance and technology/training specialists, and administrative staff yield a unique combination of disciplines focused on wetlands and water resources and provide creative solutions for integrating the constraints of economics and land plan requirements with local, state, and federal environmental regulations. For more information about WSSI, visit our Web site at www.wetlandstudies.com.