NC Environmental Restoration Association



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NC Environmental Restoration Association

NCERA Members Restoration Systems Environmental Banc & Exchange Wildlands Engineering Michael Baker Corporation KCI Technologies Land Management Group North State Environmental Riverworks A Division of the Fred Smith Company BB&T K2 Design Eco Engineering A Division of the John R. McAdams Company

NCERA Quick Facts Members include: mitigation bankers, engineering firms, survey firms, construction companies, and banks. Member firms represent 180 employees across NC. Member Firms have offices in Wilmington, Goldsboro, Raleigh, Cary, Durham, Greensboro, Winston-Salem, Charlotte, and Asheville. Member firms employee companies outside NCERA including: engineering firms, construction companies, survey firms, archaeological survey firms, soil scientists, and law firms. Member Firms have developed projects in all 100 counties.

Stream & Wetland Mitigation Clean Water Act (1972) Federal law that regulates activities including the discharge of dredged or fill material into waters, including streams and wetlands, of the United States. Clean Water Act (Section 401) State certification delegated by EPA.

Stream & Wetland Mitigation Three options available to the public: Permittee Responsible: Applicant proposes to restore, enhance, and/or preserve streams or wetlands On-Site. Mitigation Banks: Banker develops a mitigation site and sells credits to developers, DOT, municipalities, etc. In-Lieu Fee: In NC, EEP takes in fees from DOT and developers, aggregates funds by watershed, and develops mitigation projects.

Mitigation Process Step 1: Identify and purchase land with degraded streams and wetlands.

Mitigation Process Step 2: Design project to mimic high quality local streams and wetlands.

Mitigation Process Step 3: Contractor translates design plans into restored ecosystem.

Mitigation Process Step 4: Site is monitored for 7 years to ensure long term sustainability.

EEP Procurement Mechanisms Design-Bid-Build On-call Consultants Contractors Bid Monitoring Consultants

Credit Procurement Mitigation credit purchase Request for Information Request for Proposals (RFP) Full Delivery (RFP)

RFP Process (Full Delivery) RFP advertise Secure conservation easement option Develop Technical & Cost Proposal State Review Project Implementation Closeout

Contract Approval Process NCDOT mitigation needs EEP Contract recommendation NCDOT approvals through process Department of Administration Michael Bryant Purchasing and Services Contract executed

Solution Delegation or Exemption One order for Mitigation

Project Management Shift to FD in Feb 2011 completed June 2011 Organizational difficulty implementing transition Project team approach Appears to be lack of commitment/interest

Solution Right people with the right skills

Land Easement Inefficiency requirements change Cost Uncertainty long term management Cost of managing real estate

Solution Third party easement holder Non-wasting endowment State out of the property business

Full Delivery Benefits Cost Certainty to the State Deliver projects the State cannot implement Risk is on the Provider not the State Using private capital to finance work Benefit to the Natural Resources

State Comparison Virginia Vs. South Carolina

Virginia Aquatic Resources Trust Fund The Nature Conservancy of Virginia US Army Corps of Engineers Norfolk Virginia Department of Environmental Quality

Price Comparison Virginia Streams $375 - $700 Wetlands $30,000 - $100,000 North Carolina Streams $276 - $365 Wetlands $24,844 - $66,721

South Carolina No In-Lieu Fee Program Escrow agreement for SCDOT Project Delays County projects???

Questions/Comments NCERA John Hutton Norton Webster