Chesapeake Bay Preservation Act Regulations Slated for Amendments Addressing Tree Protection and Climate Change

The proposed changes to CBPA implementation have implications for projects across eastern Virginia that have Resource Protection Areas, like this one in Prince William County

Virginia’s State Water Control Board meeting on December 9, 2020 included two proposed amendments to the Chesapeake Bay Preservation Area (CBPA) Designation and Management Regulations (9VAC25-830).  These changes focus on mature tree protection and climate change, and were developed in response to House Bill 504 from the 2020 General Assembly.  These proposed changes have significant land use implications.  An overview of the proposed changes and next steps are provided herein.

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Salt Management Strategy (SaMS) Toolkit Coming in January

The soon to be released Toolkit will help Virginians reduce the negative impacts to water quality that come with the use of road salts to keep roads safe in wintry conditions.

Keeping with the wintry weather of January, Virginia plans to release the Salt Management Strategy (SaMS) Toolkit that will help support effective management of road salts through Best Management Practices (BMPs) in a January 21 public meeting.  Road salts (also known as chlorides) help keep our roads drivable in ice and snow, but also have a detrimental impact on water quality and can further inhibit water quality improvement by clogging bioretention facilities.  (WSSI has studied the impact of chlorides on soil permeability.)  We will continue to follow Virginia’s chloride management process, and will share information in Field Notes.

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Proposed MDSPGP-6 Out for Public Comment

The U.S. Army Corps of Engineers has issued a draft of the Maryland State Programmatic General Permit 6 (MDSPGP-6), in preparation for the expiration of the MDSPGP-5 in September 2021. Wetland Studies and Solutions, Inc. (WSSI) has reviewed the draft MDSPGP-6 and noted the pertinent changes below. The window for public comment on the proposed regulation closes December 23, 2020.

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Listing Decision Keeps Monarch Front and Center

On December 15, 2020, the Endangered Species Act (ESA) status for the monarch butterfly reached a milestone when the USFWS announced the listing decision for the monarch butterfly as “warranted but precluded.” This means that the USFWS has determined the monarch butterfly meets the definition of a threatened or endangered species, but the agency lacks the resources to take further action to list the species at this time. A proposed listing rule is scheduled for 2024, however, the upcoming change in administrations may alter that timeframe. WSSI will continue to monitor the listing status and share updates in Field Notes.

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The monarch butterfly is now a candidate for listing as threatened or endangered.

We’re Expanding! We’ve Acquired EEE Consulting, Inc.

DC DOEE’s emergency rulemaking addresses wetlands and streams that may no longer be under federal protection.

WSSI is pleased to announce that we have expanded our team by acquiring EEE Consulting, Inc. (3e). Our 29 years of experience providing natural and cultural resources consulting, combined with 3e’s 22 years of environmental services including environmental assessment, remediation, testing, and stormwater program management strengthens our team of experts. The acquisition gives WSSI two new office locations in Central and Southwestern Virginia - adding to our footprint of offices providing the highest quality consulting services throughout the Mid-Atlantic.

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