In July 2010, a new legal document (or instrument) for the operation and use of the Ecosystem Enhancement Program's In-Lieu Fee programs for stream and wetland mitigation was signed by the U.S. Army Corps of Engineers and the N.C. Department of Environment and Natural Resources.
The instrument complies with federal rules governing compensatory mitigation that became effective in June 2008, and supersedes the 2003 Memorandum of Agreement among the U.S. Army Corps of Engineers, the N.C. Department of Environment and Natural Resources and Resources and the N.C. Department of Transportation governing EEP operations, as well as a 1998 Memorandum of Understanding between NCDENR and USACE.
EEP worked with USACE, the U.S. Environmental Protection Agency and other state and federal regulatory and resource agencies to develop the new instrument.
• July 2010 In-Lieu Fee Instrument (Note: The USACE is handling the gathering of signatures for this document. Having been signed by NCDENR Assistant Secretary David Knight and USACE Col. Jefferson M. Ryscavage, the instrument is considered executed. The final version with all signatures affixed will be posted as soon as possible.)