As confirmed in a recent letter from the U.S. Environmental Protection Agency (EPA) to the Secretary or Natural Resources, the EPA has chosen not to appeal the January 3, 2013 ruling in favor of the plaintiffs in the Accotink Creek Watershed TMDL lawsuit. However, it is critical to note that the TMDL development process will now start over again. Landowners must participate in this process to prevent a repeat of this original TMDL.

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On Friday, March 22, 2013, the Soil and Water Conservation Board (SWCB) will host a public hearing to solicit comments on a reissuance of Arlington County's MS4 Permit. This MS4 permit is expected to become the template for every large jurisdiction's MS4 Permit in Virginia – so even if you do not operate in Arlington, or are part of a different locality – it is important to file written comments or testify if you have concerns.

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As many are aware, the final stakeholders meeting for the new Fairfax County Stormwater Ordinance required to satisfy the new state stormwater regulations was postponed (originally scheduled for Jan. 28, 2013). County staff is currently working on several key ordinance aspects that need to be determined in order to provide for an effective discussion in this final meeting.

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If you are planning to undertake a construction project that will impact or cross a perennial stream, you may need to survey for freshwater mussels as a condition of your wetland or waterway permit. Impacts could include altering the bottom or banks of streams where mussels are found, or potentially discharging sediment (due to land disturbance) into areas upstream of where mussels are found. Additionally, time of year restrictions on construction could be imposed if state or federally-protected mussels are present. Because new populations of protected mussels are being discovered regularly, conducting mussel surveys early in the development process can help avoid costly delays for upcoming projects.

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The Environmental Protection Agency (EPA) is formally taking action to remove its controversial turbidity monitoring effluent limit guideline (ELG) from its stormwater runoff monitoring requirement for the construction industry. This rulemaking will end the drawn out battle between EPA and the building industry that began when the EPA issued a Final Rule in December 2009 entitled: Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category.

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On Saturday, March 23, 2013, Wetland Studies and Solutions, Inc. (WSSI), Reston Association (RA), Virginia Department of Game and Inland Fisheries (DGIF), and Northern Virginia Trout Unlimited (NVATU) will sponsor the third annual Reston Kids' Trout Fishing Day.

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The District Department of the Environment (DDOE) plans to make available a revised draft of its Stormwater Management Rulemaking (Rulemaking) and Stormwater Management Guidebook (Guidebook) in the upcoming weeks for a 30-day, informal comment period. This informal comment period will be followed by a second formal comment period prior to the July 22, 2013 deadline for the final Rulemaking and Guidebook (as required by the Municipal Separate Sewer System (MS4) Permit).

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WSSI will once again sponsor local teachers to attend up to four individual sessions of a "Wetland Boot Camp" at our Gainesville, VA office, JUly 15-18, 2013. These day-long workshops will be presented by Environmental Concern, Inc., and provide K-12 teachers, environmental educators and program directors with the knowledge and necessary planning tools to facilitate environmental education programs within our local school systems.

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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 80+ 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.