Agenda
NLEB Update Session
Ben Rosner, PWS, PWD, CE | WSSI | Director – Environmental Science
Ben discussed the background of the NLEB listing. He reviewed the species, its habitat, why it was originally listed, and what brought us to the current listing. Additionally, Ben touched on other endangered bat species of concern, including the pending listing of the tricolored bat.
Legal Perspective: USFWS 4d Rule, Uplisting, and Legal Requirements
Justin Curtis | AquaLaw | Vice President
Justin explained what the 4(d) rule is and why it is no longer available for the NLEB. Additionally, Justin discussed the legal implications of the NLEB’s uplisting on March 31, 2023, as well as what to expect after April 1, 2024 when the Interim Consultation Framework is no longer valid. Without the streamlined process and certainty provided by the 4(d) rule, the public will need to be more cautious about activities that have the potential to harm NLEB, such as tree clearing. Justin also touched on what to anticipate with the future tricolored bat uplisting.
USFWS Perspective: Where We Are Now, What to Expect
Julie Thompson-Slacum | U.S. Fish and Wildlife Service | MD Division Chief, Strategic Resource Conservation
Julie reviewed the tools that USFWS has provided including but not limited to the DKey, IPac Updates, and Interim Consultation Framework. Julie also provided an overview of what Stakeholders, with and without federal actions, need to do to ensure they are adhering to the latest guidance regarding the NLEB. Lastly, she also discussed what to anticipate leading up to, and after April 1, 2024, when the interim guidance is no longer in effect.
Kim Prisco-Baggett | U.S. Army Corps of Engineers – Norfolk District | Chief, Special Projects Section and Deputy Chief, Regulatory Branch
Kim provided an overview of the COE’s process for NLEB, Section 7 coordination, as it pertains to those projects that will be requesting a wetland permit, those projects that have a pending permit, as well as those project that have already been issued a wetland permit under the 4d rule. Kim also discussed how the COE is handling the pending tricolored bat uplisting.
Steve Hardwick | Va. Dept. of Environmental Quality, Office of Wetlands and Stream Protection | VWP Permit and Compliance Coordinator
Steve provided a brief overview of DEQ’s perspective on the NLEB uplisting and how they will handle coordination for state only wetland permits as well as State Programmatic Permits (SPGPs) wherein DEQ issues permits on behalf of the COE.
*DEQ did not use slides for this presentation; you can click the link to access the relevant part of our webinar video.
