NCERA

About Us

A collaboration of environmental consultants, mitigation bankers, contractors, engineers, surveyors, and financial professionals with an interest in promoting and expanding the environmental restoration industry in North Carolina. North Carolina Environmental Restoration Association, Inc. is an organization that is tax exempt and in compliance with Internal Revenue Code (IRC) Section 501 (C)(6).

Member firms represent over 180 restoration professionals across North Carolina
NCERA meets quarterly to discuss relevant industry topics in an open forum hosted by alternating member firms. Speakers from state agencies, federal regulatory authorities, and academic institutions are often invited to present at these meetings to inform the group of trends in policy and scientific research.
Member firms have offices in Wilmington, Goldsboro, Raleigh, Cary, Durham, Greensboro, Winston Salem, Charlotte, and Asheville.
Member firms provide work with companies outside NCERA including: engineering firms, construction companies, landscape firms, survey firms, archaeological survey firms, soil scientists, law firms, and surety companies.
Member firms have developed projects in all 100 counties in the State of North Carolina.

Our Mission

The North Carolina Environmental Restoration Association, a not-for-profit trade group, has been involved with the improvement of ecological restoration and conservation in the State of North Carolina since 2001. Our goals include the continued improvement of the environmental restoration industry in North Carolina through education, collaboration and political outreach with the various governmental and non-governmental organizations. We strive to work with member companies, relevant regulatory agencies, non-profits and the state’s In Lieu Fee mitigation program to improve and enhance restoration in North Carolina.

Promote high quality environmental restoration projects in North Carolina through information sharing and collaborative learning.

Assist in the development and sustainability of a commercially viable mitigation banking market in North Carolina through engagement of the regulatory community, mitigation consumers, and special interest groups.

Promote environmental restoration initiatives through active participation in the legislative process through lobbying and regular interactions with policy makers.

Partner with North Carolina's in-lieu fee provider, the NC Division of Mitigation Services (DMS), to help guide policy and program strategies that efficiently and effectively generate mitigation credits for private and public sector patrons.

Members

Accomplishments

Supported Natural Infrastructure Flood Mitigation Program (NIFMP)
- Established flood resiliency initiative with legislation (HB1087, SL2020-79)
- Utilize NCDEQ DMS performance-based procurement process
- Serve on FIFMP Advisory Board in support of program development and project implementation
- Natural infrastructure to attenuate flooding and flood capacity
Established committee for NCDEQ DMS to develop and integrate full delivery / mitigation bank hybrid procurement process.
- The hybrid process creates a unique banking opportunity to maximize project function and crediting flexibility beyond DMS contracted needs.
Formed industry test group to improve digital submission of data to state/federal entities for streamlining review process and increasing project efficiency.
- Focus on QC and data format consistency for submittals
- Precursor to digital monitoring application
Coordinated with NCIRT and other associations (i.e. ERBA, NCAEP) to track regulatory changes and industry impacts.
- WOTUS/NWPR rules and measurements
- USACE SAW regional conditions and adaptations

Met with the Southern Environmental Law Center (SELC) to gain a better understanding of proposed federal changes to the Waters of the US (WOTUS) rule and coordinate assistance to SELC in defending sound science in federal policy.
Coordinated NCERA response to draft WOTUS rule with other southeastern mitigation associations (GA, FL, AL, & SC).
Submitted NCERA response to draft WOTUS rule and encouraged member companies to also submit comment letters.
Met with leaders at NCDOT and NCDMS and submitted NCERA position paper on NCDMS and NCDOT both purchasing credits/full delivery projects through separate but complimentary programs. This process involved multiple meetings with a number of members and leadership from both departments.
Coordinated with NCDMS on proposed “hybrid” model for developing full delivery projects and mitigation banks on adjacent land through a combined and complimentary process.

The NCERA Board has regular contact with high-level legislative staff in order to keep member firms updated on upcoming legislation and help shape regulatory changes.
Moore Van Allen Law Group was the registered lobbying agent for 2018 and has been secured for the 2019 legislative session. Member firms share in the representation at the Capitol and have access to information provided by lobbying efforts.
Legislative relationship building:
- Important to have relationships before asking for help on issues
- Close relationship with House/Senate leadership and legislative staff developed over 2016 through 2018 sessions and off session
- Focused more effort on relationship building on Democratic side during 2018
2018 was a legislative short session without significant proposals regarding environmental regulation; therefore, NCERA was able to reduce annual costs associated with lobbying and legislative coordination.
Coordinated with legislative staff to determine whether $57 million in corporate penalties and fees from the Atlantic Coast Pipeline would be used for environmental clean-up and restoration opportunities.
Coordinated with the North Carolina Division of Mitigation Services (NCDMS) and legislative staff to limit the effects of regulatory reform language on full delivery bonding requirements.
Conducted meetings with the North Carolina Wildlife Resources Commission to promote reissuance of dam removal guidelines.
Monitored regulatory reform bills in the legislative short session.

The NCERA Board has regular contact with high-level legislative staff in order to keep member firms updated on upcoming legislation and help shape regulatory changes.
Moore Van Allen Law Group was the registered lobbying agent for 2017 and has been secured for 2018 legislative session. Member firms share in the representation at the Capitol and have access to intel provided by lobbying efforts.
Legislative relationship building
- Important to have relationships before asking for help on issues
- Close relationship with House/Senate leadership and legislative staff developed over 2016 and 2017 sessions and off session
Bills that we worked on in 2017 Session
- Senate Bill 434: This bill was run by Senate Members with the goal of repealing the Catawba Buffer Rules. While there is no market for buffer in that basin, this would be a bad precedent for other basins with nutrient management strategies. We were able to successfully work with staff to understand the Senate's' specific concern and suggest a carve out with minimal impact to the rules.
- Senate Bill 107: NCERA supported this bill to streamline permitting for the removal of low head/ run of river dams. Specifically exempts these projects from Dam Safety regulation and certain flood mapping requirements.
- House Bill 632: This bill was the result of a stakeholder process in 2016 that NCERA participated in and helped to mitigate proposals that would have been detrimental to our industry. This bill is up for reconsideration in 2018 but we will have to watch for amendments on the Senate side.
- House Bill 557: This bill would have pulled DMS out of certain river basins. ERA did not support it in 2017 in the form at the time. It is not expected to resurface in the 2018 session but we will be on the watch for it.
- Senate Bill 533: This bill would have eliminated DMS and developed an ancillary program under DOT. ERA did not support it during the 2017 session. We were kept in the loop on this bill by staff and several members. At this time, we do not expect to see it in the 2018 short session.
- Senate Bill 131: Regulatory Reform Act of 2016. This bill, amongst other items, would have increased mitigation thresholds. We were able to negotiate down to language directing the EMC to study thresholds of surrounding districts. We'll need to keep an eye on this going forward.

In 2016, representatives from the NCERA participated in the General Assembly (NCGA) Stakeholder group. Our efforts resulted in draft legislation that will improve the regulatory environment in which we work.
The NCERA Board has regular contact with high-level legislative staff in order to keep member firms updated on upcoming legislation and help shape regulatory changes.
Moore Van Allen Law Group was the registered lobbying agent for 2016 and has been secured for 2017 legislative session. Member firms share in the representation at the Capitol and have access to intel provided by lobbying efforts.
NCERA began talking to staff about the dissemination of Hurricane Matthew restoration funding in an effort to utilize this funding for stream restoration efforts.
A major accomplishment of 2016 was to moderate Senate language in the budget that would have had negative repercussions for our industry. Language in the budget addressed:
- The role of nutrient management strategies in the state.
- The removal of solar bees.
- Funding a $500,000 per year study through University of North Carolina at Chapel Hill to investigate Falls Lake and Jordan Lake data trends. Results of the study will be used to make recommendations on any rule changes. This does not sunset the management strategies.
- Planning for the Environmental Management Commission (EMC) to develop a stakeholder review in Falls Lake and Jordan Lake. (NCERA legislative liaisons will ensure that member firms are represented in this process.)
- Allocation of up to $1.3M for studies of in-situ treatments.
- Delay implementation of the new and existing development rules for Jordan Lake until 2020.
- Directs the Department of Environmental Quality (DEQ) to study offset fees and whether Jordan or Falls needs to be subdivided for fee structures.
- Directs DEQ to study whether DMS should accept in-lieu fee payments in certain basins where private banks are servicing demand.
- Allows for any strategies approved for Chesapeake Bay to be implemented in North Carolina, possible with different efficiency factors.
NCERA’s legislative liaison was asked to be a member of the Jordan Lake and Falls Lake stakeholder group that goes through 2022.

goals

2022

Work collaboratively with State legislators and their staff to promote policy that improves the efficiency of mitigation delivery in the State.
Actively promote for increased funding levels to the NC Department of Transportation and State-funded programs that sponsor environmental restoration.
Active collaboration with the NC Division of Mitigation Services on potential changes to their program that would lead to greater flexibility and efficiency in mitigation delivery.
Continue to track proposed changes to federal Waters of the US (WOTUS) rules.
Collaboration with the US Army Corps of Engineers – Wilmington District and NC Department of Environmental Quality on potential changes to Clean Water Act Section 404 and 401 rules as applied to North Carolina.
Continue to advocate for science-based decision making regarding environmental restoration and mitigation activities in the State.
Increase membership enrollment.

Contacts

Kayne Van Stell

Bradley Breslow

VICE PRESIDENT
RES
bbreslow@res.us
919-209-1062

Angela Allen

Kenneth Peeples

Membership

Join Us

NCERA offers two levels of dues based on voting privilege. Voting member dues are $3,000/year and non-voting members' dues are $1,500/year. Membership year starts January 1st and runs to December 31st.