Vol. 21, No. 1 January 29, 2013

Judge Rules in Accotink Lawsuit; New Fairfax Floodplain Guidelines; Revised BMP Performance Standards; Fairfax RPA Boundaries Can Change; WSSI LID Website; Archeologists Featured on Local News; CivilTraining, LLC; Landowners Can Proceed with Trespass Claims; Virginia's Watery Wonderlands

 

Judge Rules in Accotink Lawsuit

On January 3, 2013, Judge Liam 0'Grady ruled in favor of the plaintiffs in the Accotink Creek Watershed TMDL lawsuit. As discussed in Field Notes Vol. 20, No. 8, The Commercial Real Estate Development Association (NAIOP), NAIOP Northern Virginia, 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, which challenged a massive expansion of the Environmental Protection Agency's regulatory power regarding total maximum daily loads (TMDLs). NAIOP Northern Virginia, along with the NAHB and the NVAR, was permitted to intervene in the lawsuit earlier this fall on behalf of the private sector landowners within the Accotink watershed.

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New Fairfax County Floodplain Mapping Guidelines

The more widespread availability of digital floodplain maps (See Field Notes Vol. 18, No. 10) have caused some confusion due to the implied level of accuracy of digital information. There has also been confusion regarding the reconciliation of flood hazard information available from multiple sources and proper use of that data with new topographic surveys for plans of various types. As a result, the Fairfax County Department of Public Works and Environmental Services has prepared guidelines (Guidelines for Delineation of Floodplain Boundaries Using Existing Flood Hazard Data) to clarify use of this information consistent with Federal, State and County requirements. The new guidelines are outlined in Fairfax County Land Development News: Technical Bulletin 12-03.

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Revised BMP Pollutant Removal Performance Standards Approved

On October 9, 2012, the Chesapeake Bay Program Water Quality Goal Implementation Team approved revised BMP pollutant removal performance standards for eventual adoption into the Chesapeake Bay Total Maximum Daily Load (TMDL) Model. The standards, published in "Recommendations of the Expert Panel to Define Removal Rates for New State Stormwater Performance Standards", are based on Best Management Practice (BMP) load reduction recommendations from an expert panel that convened throughout 2012.

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Fairfax County RPA Boundaries Can Change

RPA Plans in Fairfax County have always been thought of as having no expiration date – once you had an approved Resource Protection Area (RPA) plan, you were set forever, unlike in Prince William County, where Preservation Area Site Assessments (PASAs) are only valid for five years. However, with the need for new wetland delineations, due to the expiration of previous Jurisdictional Determinations (JDs), as well as updated floodplain information, the RPA boundaries may be subject to change.

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New WSSI Low Impact Development (LID) Resource Website

WSSI is proud to announce the launch of our newest website feature – an interactive Low Impact Development (LID) website developed for reference by our government and industry partners, as well as students to utilize for research projects. In addition to the vast regulatory and technical resources available on the official WSSI website, the LID website provides an interactive view of our LEED Gold Facility in Gainesville, VA.

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WSSI Archeologists Featured on WJLA Channel 7 News

Archeologists from Thunderbird Archeology, a division of WSSI, were recently interviewed by a local news team from WJLA Channel 7 News, while conducting a Phase II Archeological Evaluation in Alexandria, Virginia. (Click here to view the footage.)

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Service Spotlight: CivilTraining, LLC

CivilTraining, LLC, a division of Wetland Studies and Solutions, Inc., provides training, implementation and consulting services to the Civil Engineering, Surveying, and GIS/Mapping communities. With a variety of instructor-led training programs, taught by certified instructors, these courses provide hands-on training to assist professionals achieve maximum productivity through technology.

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Guest Article: Adjacent Land Owners Can Proceed with Trespass Claim Against Developer - by Neil Lowenstein, Vandeventer Black LLP

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Credit: This article originally appeared Virginia Construction Law News and Notes, September 27, 2012
 
Guest Article: Virginia's Watery Wonderlands
by Glenda Booth, Fairfax County Wetlands Board

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Credit: This article originally appeared in Virginia Wildlife, Volume 73, Number 9/10.




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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 projects, 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.