Fall 1998 
The Mediator 
A Publication of the Institute for Environmental Negotiation (IEN) 
Department of Urban & Environmental Planning, School of Architecture, University of Virginia 

Design & Dialogue Partnership
 
The new Design and Dialogue Partnership between UVA's Institute for Environment Negotiation (IEN) and Institute for Sustainable Design (ISD), formed in spring 1998, is supported by the Virginia Endowment for the Environment.
 
vDefining Sustainable Communities 
An EPA funded project has created a partnership among EPA, the Environmental Law Institute, the Institute for Environmental Negotiation and the Institute for Sustainable Design. Rich Collins, Bruce Dotson, Tim Beatley and IEN associates Scott Clark and Catherine Cox have recently completed one part of their joint task. Over 600 grant applications for the US EPA Sustainable Development Challenge Grants have been evaluated and computer coded for analysis. The question is, what does "sustainable" mean to grant applicants? What are common elements of community sustainability? Can a better definition of community sustainability be developed from this information? These and other questions will be explored with the results of IEN evaluations.
 
 
vPiedmont Futures: Strategies for Change
Business, government and civic leaders from throughout the Piedmont will be invited to explore and help shape the future of Virginia's Piedmont at an all-day symposium to be held at UVA on Monday, October 26. Organized by the Institute for Sustainable Design (ISD) with assistance from IEN, Piedmont Futures will offer a mix of stimulating presentations and group discussions about strategies of change for the Piedmont. For more information, call ISD at 804/ 924-6454.

IEN Mediates and Facilitatesá
 
vRelicensing Dams in North Carolina
Dams produce benefits - such as flood control, power generation, and recreational and economic stimulation. They also alter environments and affect natural resources in ways that are problematical - such as habitat alteration, modifying stream flows, and limiting the migration of fish.

The values and priorities that led to dam creation and licensing when dams were built 40 or 50 years ago are sometimes contested today. But these changing priorities can provide the basis for adjustments that all parties can support.

The proposed re-licensure of two dams on the Roanoke River, at Lake Gaston and Roanoke Rapids has been moving forward for several years with a broadly participative process led by North Carolina Power Co. Rich Collins and Bruce Dotson have been retained by North Carolina Power with the encouragement and support of all the other parties involved in the re-licensing , to assist with settlement negotiations. It is expected that a relicensing request will go to the Federal Energy Regulatory Commission by early 1999.
 
 
vBryan Park Interchange in Richmond 
Now in its eleventh month of work, the 30-member Bryan Park Interchange Citizen Advisory Committee (BPIAC) continues its consensus building/mediation effort led by Frank Dukes and Tanya Denckla. Convened by the VDOT, the Committee will provide recommendations on how to ensure traffic safety and flow through the congested Bryan Park Interchange area (the junction of I-95 and I-64), while protecting and preserving Richmond's much beloved Bryan Park.

Having completed its first two phases of work, BPIAC will begin its third phase of work in September with a Traffic Diet Exercise that is designed to familiarize citizens with costs, benefits and considerations of various traffic reduction options. Conceived by Hannah Twadell, of the Thomas Jefferson Planning District, the exercise engages citizens in identifying viable ways of meeting traffic reduction goals.

In its first phase of work, BPIAC achieved consensus on its overall purpose, group protocols and guidelines for group behavior, and created a detailed lists of concerns and information needs that were provided to VDOT's engineering firm Michael Baker, Inc. Lastly, BPIAC developed four primary goals by which options will be evaluated and to use as a guide for its final recommendations. BPIAC's second phase of work involved intensive learning about the complexities of the MPO planning process, multi-modal transportation, design and aesthetic considerations, as well as digesting detailed information about current and projected traffic conditions in the Interchange study area.
 
vTobacco Farmers and Health Advocates
Tobacco farmers and public health advocates participating in the Southern Tobacco Communities Project have shifted energies as the prospects for national tobacco legislation in 1998 have faded. Now in their fourth year of dialogue, participants will begin working to increase national awareness and understanding of the Core Principles Statement developed through the STCP dialogue. Facilitated by Frank Dukes and Rich Collins, the dialogue project is coordinated by Rebecca Reeve of UVA's Institute for Quality Health and is funded by the Robert Wood Johnson Foundation.

Intended as core elements of national tobacco legislation, the Core Principles have been signed by forty-some organizations and have been endorsed by President Clinton. Among the activities planned by the STCP is a follow-up to a 1996 symposium titled "Both Sides of the Coin: Tobacco and Health," to provide education and outreach to organizations and individuals beyond the core STCP participants. Further information on this conference will be provided in future issues of The Mediator.
 
vEnvironmental Mediation Legislation
Regulations Being Developed Regulations are being developed now for the environmental mediation legislation adopted by the General Assembly in 1997 (§10.1-1186.1). The law generally empowers the Air, Water and Waste Control Boards to use mediation for dispute resolution, with some constraints and considerations, on issues relating to environmental permits and the development of regulations.

Rich Collins has been appointed to an ad hoc advisory group which will advise DEQ as they develop regulations. Members of the advisory group include mediators, attorneys, industry representatives, and agency staff. For more information, call or email Dr. Kathleen Sands, Policy Analyst, DEQ, 804/ 698-4413, or <krsands@deq.state.virginia.us>.

IEN hopes to convene a meeting for agency personnel and mediators to learn about the proposed regulations, their practical application, and potential benefits of their use. If you would like to be notified of this meeting, call Tanya Denckla at 804/924-1970.
 
 
vThe Virginia Coastal Program
The development of a multi-year strategic plan for the Virginia Coastal Program (VCP) is about to enter its final phase. With over $2 million in annual funding from the federal government, the Virginia Coastal Program is charged with protecting Virginia's abundant and valuable coastal resources. This is the VCP's first formal strategic planning effort, and participants are taking a fresh look at VCP priorities, structure, and how to optimize protection of coastal resources.

Led by Rich Collins and Tanya Denckla, with assistance from Hanh Le, the process to date has involved stakeholder interviews, research, meetings with agency stakeholders, as well as focus groups with environmental, economic, and local government interests. As part of its work, IEN has written meeting summaries, an Issues Paper, a Primer on the Virginia Coastal Program, a brief Themes-Directions- Options paper, and in July completed a detailed Options Paper.
 
 
vModel Wellhead Protection Available in October
A Model Wellhead Protection Implementation package developed by Bruce Dotson for the Ground Water Steering Committee includes model plans, ordinances and outreach programs for Virginia localities. For a copy of the package contact Mary Ann Massie at DEQ, 804/698-4042.
 
 
vPollution Reduction and Effluent Trading
Efforts to establish a roundtable on watershed effluent trading in Virginia may be expanded to a multi-state effort under the auspices of the Chesapeake Bay Program. The roundtable would bring together interested parties to discuss the possibilities of establishing a market-based system that would allow shares of pre-established water pollution allowances to be traded, much like sulfur dioxide is currently traded.
 
 
vSoil Analysis Reg-Neg Begins
A regulatory negotiation ("reg-neg") has been initiated to develop regulations under Virginia SB 415 for private soil analyses. IEN has been contracted by the Virginia Department of Health to convene a stakeholder advisory group, which recently began. From a broad perspective, issues raised in the negotiation will concern land use management and planning, septic systems, ground water protection, and the privatization of soil analysis. Led by Bruce Dotson, and assisted by consultant Charles Lancaster, the reg-neg will involve meeting convening, meeting summaries and reports, technical research and assistance, and meeting facilitation. The negotiations are expected to be completed by the year's end with the formal regulatory process to follow in 1999.
 
 
vOpportunities for Planning Students
IEN will be facilitating a one-day design charette in Pennsylvania for the Center for Chesapeake Communities (CCC). The CCC has received an EPA sustainable development challenge grant to develop model site plans using sustainable design techniques. Participants in the design charette will evaluate and consider sustainable design scenarios for the Pennsylvania site. Ideas and concepts generated during the charette will be developed into conceptual site plans by the CCC's consulting firm. Students interested in participating in this or other IEN projects should contact Frank Dukes at 924-1970.
 
 
vHenrico County
Rich Collins and Bruce Dotson facilitated a series of meetings among Henrico County officials concerned with improving the flow of development approvals in that county. Angela Harper, formerly Planning Director and now Assistant County Manager, was instrumental in retaining the IEN to assist the process.
 

IEN Trainingá
 
vTraining for Natural Resource Managers
IEN will be conducting in Charlottesville a two-part training on "Resolving Environmental Conflicts by Building Community Consensus" for Virginia's natural resource managers. Thanks to funding from the Kellogg Foundation, the registration fee of only $60 covers materials, meals, and one night lodging.

The training will be held in two segments, with Part A on January 6 and 7 and Part B on March 8. Registration will be limited to 30 people, so attendance on all three days is required to be accepted into the training.

The training is open to extension agents, government staff, corporate officers, environmental organizations, educators, and state and local elected officials. Using case studies and interactive exercises, participants will learn the causes and dynamics of natural resource conflicts, formal procedures for addressing conflict, the basics of "principled negotiation," the various public involvement processes for building community consensus, "Best Practices for Government Agencies," and when it is appropriate to use consensual approaches. For further information and registration information, contact Mike Ellerbrock at 540/ 231-7722.
 
 
IEN Active In Community á

WDirector Richard Collins is assisting in the development of a one-day regional conference on the Rivanna Watershed Roundtable report. He has also agreed to provide a plenary talk and training assistance to the American Bar Association's Resource and Environmental Law Section October Conference in Myrtle Beach, S.C.

WAssociate Director Frank Dukes is also on the go. In May he spoke at George Mason University's Institute for Conflict Analysis and Resolution, and in August he provided a one-day training on conflict resolution to public health officials in Albuquerque.

WSenior Associate Bruce Dotson has been busy as Chair of the Department of Urban and Environmental Planning, and is developing with Frank Dukes a new course for planning students on Public Involvement in Decision-Making.

W Senior Associate Tanya Denckla conducted a one-day "Negotiation and Conflict Resolution" seminar at UVA for over 30 Social Services executives. She has also written grants for the Rivanna Conservation Society (RCS) and its 100-acre Scheier Natural Area in Fluvanna, for which a Master Plan may be developed by students under the guidance of Chris Fannin.
 


CIEN continues to be supported by foundation grants as well as fees for service, a combination of funding that enables us to provide services to a wide range of clients and also maintain our independence.

Many thanks to the Virginia Environmental Endowment for providing continued support to IEN and for initiating the new Design and Dialogue Partnership.


IEN Senior Staff :

Richard C. Collins, Director, rcc3f@virginia.edu
E. Franklin Dukes, Associate Director, ed7k@virginia.edu
A. Bruce Dotson, Senior Associate, abd8p@virginia.edu
Tanya L.K. Denckla, Senior Associate, td6n@virginia.edu
Charles Lancaster, Consultant
Barbara H. Jones, Secretary, bhj@virginia.edu
IEN Associates Academic Year 1998-1999:
Kent Dougherty
Karen Firehock
Porter Ingrum
Hanh Le

UNIVERSITY OF VIRGINIA
Institute for Environmental Negotiation
School of Architecture, Campbell Hall
164 Rugby Road
Charlottesville, VA 22903

For more information, contact us at: Tel: 804/ 924-1970 Fax: 804/ 924-0231.



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