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This Cooperative Management Agreement COOPERATIVE MANAGEMENT AGREEMENT between the NATIONAL PARK SERVICE and CARTERET COUNTY for THE COOPERATIVE MANAGEMENT of WATERWAYS SERVING NPS PROPERTIES This Cooperative Management Agreement (Agreement) is made and entered into by and between Carteret County, Waterways Management Committee (County) and the United States of America (United States), acting through the National Park Service (NPS). The County and the NPS may . hereinafter be referred to as a "Party" or collectively as "Parties." Article I - Background and Objectives Cape Lookout National Seashore (Park) consists of four principle islands that are only accessible by boat. To the east and south of the islands lies the Atlantic Ocean. North and west of the islands, numerous channels or waterways cut through shallow Core Sound. South Core Banks, located within Carteret County, North Carolina, is the major island at Cape Lookout National Seashore, the major tourist destination, and is only accessible by boat. The waterways associated with South Core Island within NPS boundaries include Great Island Ferry Channel, Channel at Back Sound, Lighthouse Channel, Les and Sally's Channel, Coast Guard Channel, Lookout Bight, and the Drain. Barden Inlet, a congressionally authorized channel, is the principle channel that feeds all these associated waterways, most of which lie within NPS boundaries, and is frequently used to reference the system. Barden Inlet dredging operations were last funded in 1975. The Park concession-operated ferry service, hosting over 100,000 visitors each year, uses Barden Inlet. Twelve of the NPS commercial use tour operators frequently use this route, and an estimated 100,000 recreational boaters access the Park via Barden Inlet. NPS operations uses this route on a daily basis. Shackleford Island, home to the historic wild Shackleford horse herd, is accessible via the east end landing off of Barden Inlet, and the Shackleford dock on the west end of the island. These areas are within NPS boundaries. These areas are only accessible by boat. North Core Banks is accessible through the Longpoint Ferry Channel, and Portsmouth Island is accessible through a series of channels (Casey's Channel, Haulover Channel, and the Coastguard Channel). Haulover Channel and Coastguard Channel are within NPS boundaries. These areas are only accessible by boat. Shoaling, waves of sand under the surface of the water that accrete and make the area too shallow for safe navigation, is a consistent problem in Core Sound. Shoaling in established waterways is a 1 hazard to boat traffic. Hurricane Florence in 2018 exacerbated the problem by moving more sediment into the waterways. Currently, the U.S . Coast Guard (USCG) is proposing to permanently discontinue 21 aids to navigation (ATONs) because of significant shoaling between Barden Inlet Buoy 8 and Barden Inlet Light 35, which is the majority of all remaining markers in the area. Five ATONs were previously removed in 2017 along the network of channels that the U.S. Army Corps of Engineers (ACOE) designates as the "Channel at Back Sound". If the ATON's are removed, USCG captains will not be able to run passengers through the inlet without risking the loss of license. The USCG concern and proposed action has fueled the need for better management of the waterways serving Cape Lookout National Seashore. Established in 2015, the County's Waterways Management Committee (WMC) is an eight­ member group appointed by the Carteret County Board of Commissioners. The WM C's main objectives are: to educate and seek input regarding waterway maintenance; formulate and maintain a schedule of needed waterway maintenance; develop funding options and sources for dredging and disposal/beneficial use; provide available funding to leverage the North Carolina state Shallow Draft Channel funds; and coordinate closely with Federal and State agencies to maintain existing navigable channels within the County. The WMC possesses considerable experience and knowledge in planning, permitting, and coordinating dredging and educating the public about waterways. The Parties share the mutual goal of providing safe and enjoyable access, for educational activities, tourism, historic study, and recreation to visitors and residents as they experience Cape Lookout National Seashore. The Parties concur that their cooperation and joint commitment of resources will benefit: • The public by rendering safer, more cost-effective, maintenance of waterways accessing this remote area of the County and NPS; • Tourism and economic development by ensuring safe access to desirable destinations within the County and NPS; • The Parties through greater efficiency and cost savings derived from their joint efforts related to operating procedures and practices; and • The NPS resources through cooperative integrated resource protection during dredging operations. The County intends to provide a number of services to support the NPS in its efforts to provide safe routes for Park visitors to NPS destinations via established waterways. The County intends to provide its considerable experience and knowledge in managing and coordinating dredging work with the North Carolina Division of Water Resources (NCDWR) and the ACOE. The County is the principle conduit for coordination between NCDWR and the ACOE. 2 Article II - Authority A. The NPS enters into this Agreement pursuant to the following authorities: 1. General Authority to Take Actions That Promote and Regulate Units of the National Park System (54 U.S.C. § 100101 - 100102): The NPS Organic Act directs the Secretary to promote and regulate National Park System lands by such means and measures as to conform to the fundamental purpose of such lands, namely, conservation of the scenery and the natural and historic objects and wildlife therein, and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. 2. Authority to Use Cost-Share Arrangements with Partners (54 U.S.C. § 101701): Authorizes the Secretary to enter into an agreement with a cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities with respect to the National Park System, any NPS program, any affiliated area, or any designated National Scenic or Historic Trail. The Secretary is authorized to provide the federal funding share from any funds available to the NPS. 3. Authority to Use Agreements for the Transfer of Appropriated Funds to Carry Out NPS Programs (54 U.S.C. § 101702): Authorizes the NPS to enter into cooperative agreements that involve the transfer ofNPS-appropriated funds to State, local and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the general purpose of carrying out NPS programs. 4. Authority to Use Federal Lands Recreation Enhancement (FLREA) Funds (16 U.S.C § 6807(a)(3)(a)). Authorizes the NPS to spend fee dollars for the repair, maintenance, and facility enhancement related directly to visitor enjoyment, visitor access, and health and safety. 5. Authority to Use Agreements for Cooperative Management Where Park System Lands are Near State or Local Parks (54 U.S.C. § 101703): Authorizes the Secretary to enter into an agreement with a State or local government agency to provide for the cooperative management of Federal and State or local park areas. B. The County enters into this Agreement pursuant to the following authorities: 1. Authority to Cooperate with Other Governmental Entities (Article 20 § 160A-475): Specific powers of council. The charter may confer on the regional council any of the following powers: (1) To apply for, accept, receive, and dispense funds and grants made available to it by the State of North Carolina or any agency thereof, the Unite.cl States of America or any agency thereof, any unit of local government (whether or not a member of the council), and any private or civic agency. 3 2. Authority of the State of North Carolina to work with ACOE (Water Resources Development Acts of 1986 & 1992, Public Laws 99-662 and 102-5 80, respectively) to make binding commitments to carry out the non-federal responsibilities related to USACE projects, including making cash contributions to projects. 3. Authority of the County to undertake dredge and fill projects: ACOE General Permit No. 198000291, Permit to authorize those construction activities in the 20 coastal counties (includes Carteret County) receiving prior approval from the state of North Carolina in the form of a Coastal Area Management Act (CAMA) permit, and/or state dredge and fill permit, and if required, a water quality certification, that are otherwise not eligible for federal authorization in the form of a nationwide permit or a.nother regional general permit. Article III- Statement of Work A. The NPS and the County shall: 1. Designate liaisons to work cooperatively to jointly schedule waterway maintenance, coordinate permitting activities, delineate potential spoil locations both in arid outside the Park, and coordinate dredging operational components with the ACOE along all waterways within the Park. 2. Expedite decisions and agreements considered vital to the Parties' mutual goals and to this Agreement and resolve any issues that arise as expeditiously as possible. 3. Collaborate on obtaining any required approvals or permits before undertaking activities associated with this Agreement. 4. Collaborate to enhance visitor and members of the local communities understanding
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