The Ecosystem Enhancement Program has assumed the responsibilities of NCDENR's In-Lieu Fee program for compensatory mitigation. This program was established through a 1998 Memorandum of Understanding (MOU) between NCDENR and the U.S. Army Corps of Engineers (USACE).

The MOU allows EEP to implement compensatory mitigation projects using the watershed-based approach outlined in the EEP's Watershed Restoration Plans for each river basin in the state. Under the agreement, USACE determines on a case-by-case basis when it is appropriate for 404 permit applicants to make payments to NCDENR to satisfy compensatory mitigation requirements.

EEP works closely with both USACE and the N.C. Division of Water Quality Wetlands/401 Certifications Unit to respond quickly to all applicants' requests to pay into the NCDENR Trust Fund. To find out if the NCDENR's In-Lieu Fee program is a feasible mitigation option for your project, contact Kelly Williams.