On April 14, 2021, WSSI hosted a webinar to provide an update on the Clean Water Act and other federal and state-level regulatory topics in Virginia and Maryland. We are providing the recording, course summary, and speaker slides and handouts here. If you have questions about our webinar, or if you attended and have questions about your certificate of attendance for PE or PWS learning units, please contact us. We cannot provide certificates for anyone whose attendance we cannot confirm.

Click here for a Course Summary

Presentations are listed below. Please click the title to access the slides.

Session 1 – Clean Water Act Updates

Nationwide Permit Updates from the National Perspective

Dave Olson, Regulatory Program Manager at U.S. Army Corps of Engineers (USACE) Headquarters

Provided an overview of the 16 2021 Nationwide Permits issued in January. Also discussed the process for issuing the nationwide permits, including the role of regional conditions in ensuring the nationwide permits comply with statutory requirements. Talked about the other 40 NWPs planned to be reissued later this year.

Norfolk District Perspective on the 2021 NWPs

Jennifer Serafin, Western Virginia Regulatory Section Chief, Norfolk District of the USACE

Tom Walker, Regulatory Branch Chief, Norfolk District of the USACE

Discussed the effects of the 2021 Nationwide Permits as they relate to the Norfolk District with an overview of the associated Norfolk Regional Conditions.

EPA 401 Certification: What changed, why was it implemented, what are the results?

Justin Curtis, Vice President of AquaLaw

An overview of the Clean Water Act 401 Certification Rule finalized by EPA in June 2020, which became effective on September 11, 2020. Discussed what prompted this rule, the associated changes, and what has resulted from the rule since it has been in effect.

Virginia’s Response to the 401 Certification Rule and Navigable Waters Rule

Trisha Beasley, Virginia Water Protection Program Manager, Northern Regional Office, Virginia Department of Environmental Quality

An overview of how Virginia is handling the 401 Certification Rule finalized by EPA as well as how Virginia is handling the 401 certification and VWP permit requirements associated with the 2021 NWPs that went into effect on March 15th. Additionally, highlighted how DEQ has responded to the Navigable Waters Rule including the implementation of State Waters Determinations concurrent with COE Jurisdictional Determinations.

Maryland’s Response to the 401 Certification Rule, Navigable Waters, and a SPGP-6 Update

Heather Nelson, Program Manager at Maryland Department of the Environment’s Wetlands and Waterways Program

An overview of how Maryland is handling the 401 Certification Rule. Also touched on how the Navigable Waters Rule has not changed how Maryland reviews projects. Provided an update on the upcoming SPGP-6.

Session 2 – Regulatory Changes on the Horizon

Introduction by Christie Blevins, PWS, CESSWI, LEED AP, WSSI’s Manager – Regulatory

Wetland and Stream Mitigation Bank Service Areas: Addressing Mitigation Credit Shortages and Price Jumps

Mike Rolband, PE, PWS Emeritus, PWD is President of Resource Protection Group, Inc. and retired founder of WSSI

Mike Rolband, who was instrumental in the development of HB 1983, Wetland and stream mitigation banks; proximity of impacted site, will provide an overview of what this bill allows and how it can help alleviate credit shortage concerns from Public Works Departments, Economic Development Agencies, and Private Industry.

Nutrient Banking in Virginia: Updates and Trends

TJ Mascia, Director – Davey Mitigation for Davey Resource Group, Inc.

An update on recent changes to the state’s nutrient banking program and the associated impact on the establishment and use of nutrient credits.

Chesapeake Bay Updates from Virginia, with a focus on Coastal Resiliency

Bob Kerr, PWS, PWD, Director of WSSI’s Hampton Roads Division

An update on the latest proposed changes to Virginia’s Chesapeake Bay Preservation Act regulations.

Construction General Permit: Updates in Maryland

Jacob Bucher, Manager – Environmental Compliance for our Maryland operations

Discussing pertinent changes to the Maryland Construction General Permit (GCP).

Endangered and Threatened Species Updates with a focus on Migratory Birds

Ben Rosner, PWS, PWD, CE, WSSI’s Manager – Environmental Science

Summary of the proposed Virginia regulations regarding incidental take of migratory birds. Also addressing the latest news in endangered and threatened species regulation issues in our region, including the critical habitat for yellow lance (Elliptio lanceoloata) and candy darter (Etheostoma osburni).