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HomeMy WebLinkAbout129-16 Minor Mod 1/2022 Dare County Inlet DredgingPermit Class MODIFICATION/NIINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V erm i t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 129-16 Issued to Dare County, PO Box 1000, Manteo NC 27954 Authorizing development in Hyde/Dare County at Pamlico Sound and Hatteras Inlet complex adj. to the NE tip of Ocracoke Island, as requested in the permittee's letter dated 12/1/21. This permit, issued on January 18.2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines im risontnent or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes use of the Miss Katie dredge plant, all as expressly and specifically set forth in the attached letter of request and subject to Condition No. 3 below. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, and intertidal resources, no excavation activities shall occur from April 1 to September 30 of any year without prior approval from N.C. Division of Coastal Management, in consultation with the appropriate resource agencies. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resour Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPetmittee Dare County ADDITIONAL CONDITIONS Permit No.129-16 Page 2 of 2 3) Prior to the initiation of any dredging activities authorized by this permit, the permittee shall demonstrate to DCM, in coordination with the appropriate resource agencies, that the hopper dredge has been constructed in accordance with the U.S. Army Corps of Engineers hopper dredge plant specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI. 4) Any mitigative measures or environmental commitments specifically made in the application for this modification shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 5) This Minor Modification shall be attached to the original of Permit No. 129-16, which was issued on 12/20/16, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. 7) The permittee and/or his or her contractor shall schedule a pre -construction conference with a representative of the Division prior to project initiation. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources has previously authorized the proposed project under DWR Project No. 13-1279 v3. NOTE: The U.S. Army Corps of Engineers has previously authorized the proposed project under COE Action Id. No. SAW-2016-02140. December 1, 2021 Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Joshua Pelletier U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, NC 27889 Brad Rosov Project ManagerlSenior Marine_ Biologist Coastal. Protection Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, North Carolina Tel: +1 910-399-1905 brosov@coastalprotectioneng.com RECEIVED DEC 0 2021 DCM WILMINGTON, NC Re: Permit Modification Request for the Hatteras Inlet Channel Maintenance Project (CAMA Major Permit #129-16 and Dept. of Army Permit #2016-02140): Use of the Miss Katie within South Ferry Channel Dear Ms. Coats and Mr. Pelletier: As you are aware, the Division of Coastal Management (DCM) issued CAMA Major Permit #129-16 to Dare County for the County's proposed Hatteras Inlet Channel Maintenance Project on December 22, 2016. The United States Army Corps of Engineers (USACE) issued a Department of Army (DoA) Individual Permit #SAW-2016-02140 on March 1, 2017 to Dare County for the same action. Prior to the issuance of permits, an interagency seeping meeting was held on August 16, 2016. As stated in the permit application packages, Dare County was seeking permits that would allow for the utilization of US Army Corps of Engineers (USACE) dredges to conduct maintenance dredging within South Ferry Channel in an attempt to reestablish the navigability from Ocracoke Island and Hatteras Island into Hatteras Inlet. Dredging activities would be performed by USACE-owned dredge plant (sidecast dredge and special purpose dredges) within a 150' wide channel excavated to -12 ft. MLW depths from within the proposed South Ferry Channel corridor. Material excavated by a special purpose dredge would be disposed in a nearshore disposal site in the Atlantic Ocean just south of Ocracoke Island which has been previously authorized for use by the USACE. The permits issued to Dare County for this action specified that dredging would not be permissible outside the environmental dredge window of April 1 to September 30 without prior approval from DCM and USACE in consultation with appropriate resource agencies. A minor permit modification to the CAMA Major permit was issued by DCM on March 14, 2018 allowing for 1) A one-time open water disposal of up to 500 cubic yards of material; and 2) The widening of the permitted channel width from 150 ft. to 200 ft. The USACE issued a modification to the DoA Permit #SAW-2015-02140 on March 5, 2018 allowing for an increase of the channel width to 200 ft. On January 22, 2020, the CAMA Permit #129-16 was renewed and remains valid through December 31, 2024. The DoA Individual Permit #SAW-2016-02140 remains valid through March 1, 2027. Since the issuance of the permits, Dare County has implemented ten maintenance dredging events within South Ferry Channel utilizing the sidecast dredge Merritt and the special purpose dredges Currituck and Murden. Through coordination with regulatory and resource agencies, several of these events were authorized to be performed outside the environmental dredge window due to shoaling which severely limited navigation to the inlet. These permits have allowed Dare County to improve navigation through this corridor since 2017 through the occasional use of USACE Wilmington District dredge plants. However, dredge plant availability has become an issue as these dredges are in high demand to maintain navigation channels throughout the East and Gulf Coast. Recognizing the need for greater dredging capacity, Senate Bill 99 of Session 2017 was passed by the North Carolina Senate and provides for the construction of a privately owned dredge that can be utilized to maintain shallow draft navigations channels including the Hatteras Inlet complex. The bill authorized the allocation of up to $15 million of State funds to be provided, in the form of a forgivable loan to a private partner for the construction and operation of a dredge capable of maintaining shallow draft navigation channels throughout the State. That dredge, the "Miss Katie is currently under construction and is anticipated to be operational in Spring 2022. Modifying the County's existing permits to allow for the use of the Miss Katie to maintain the South Ferry Channel will reduce the burden of relying solely on the USACE's dredge fleet. As such, Dare County is requesting to modify CAMA Major permit #129-16 and the Department of Army (DoA) Individual Permit #SAW-2016-02140 to include the ability to us the Miss Katie to maintain the South Ferry Channel within the previously permitted channel corridor and within the previously permitted channel dimensions (200 ft. wide, -12 ft MLLW depth). The proposed action being requested under this permit modification request includes adhering to all exiting permit conditions, including limitations on dredging between April 1 and September 30. The Miss Katie is being constructed to have both the capability of dredging material and storing it in a hopper and then bottom dumping the material in an authorized location, as well as functioning as a sidecast dredge. In order to minimize environmental impacts, many of the design specifications of the Miss Katie were developed to mimic those of the USACE's special purpose dredges. These specifications were described within several environmental documents drafted by the USACE. In 1998, the USACE drafted a Biological Assessment (BA) entitled "Use of the Sidecast Dredges Fry, Merritt, Schweizer, and the Split -Hull Hopper Dredge Currituck in Coastal United States Waters". Due to concerns with possible impacts to swimming sea turtles and other biological resources, the BA describes a number specifications included with the design and specifications of the authorized dredges. These design considerations are intended to reduce the risk of impacts to these resources. These include: • Draghead suction limited to an average 350-horsepower with a maximum horsepower of 400- horsepower. • The draghead sizes limited and range from approximately 2 feet by 2 feet to 2 feet by 3 feet. RECEIVED DEC Xd 2021 DCM WILMINGTON, NC The draghead openings are further subdivided on their undersides by gridded baffles with openings ranging from about 5 inches by 5 inches to 5 inches by 8 inches. These baffles restrict the size of objects which can enter the dredge draghead. The subsequent Biological Opinion (BO) issued by NMFS later that year states: "Based on our consideration of the best available information, we believe that the year-round operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt and Schweizer to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. This consultation is valid as well for the operation by Wilmington District Corps of Engineers for channel maintenance dredging of up to 10 vessels of this or similar type and size class (under 500 gross tons), with similar dragheads (Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent), dredge pump horsepower (400 H.P. maximum), and suction and discharge pipe specifications ( dredge suction pipes 10-14 inches in diameter, and combined discharge pipe 12- 16 inches in diameter) ". With these specifications in place, the authorization states that these USACE vessels are not required to operate with sea turtle deflectors on the dragheads and do not require screening or observers. Accordingly, because the Miss Katie is being constructed with the same specifications as the USACE special purpose dredges, the proposed action includes the Miss Katie operating without turtle deflectors on the dragheads or screening observers. In summary, Dare County requests that DCM and USACE modify the County's existing permits to allow for the use of the Miss Katie to maintain South Ferry Channel within the same confines and channel dimensions as described in the attached figure. The Miss Katie will also only be operational outside the environmental dredge window of April 1 to September 30 unless approval is granted on a case -by -case basis following consultations between DCM, USACE, and appropriate resource agencies. Sincerely, COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. Brad Rosov Senior Marine Biologist RECEIVED DEC — 6 2021 DCM WILMINGTON, NC North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(o)ncdenr.cov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brad Rosov <brosov@coastalprotectioneng.com> Sent: Wednesday, December 1, 202111:21 AM To: Pelletier, Josh R CIV CESAW CESAD (US) <losh.r.pelletier usace.army.mil>; Coats, Heather <heather.coats ncdenr.gov> Cc: Ken Willson<kwillson@coastalprotectioneng.com> Subject: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Good morning Josh and Heather, On October 28, 2021 the 3 of us held a virtual meeting to discuss Dare County's desire to modify their existing permits to maintain South Ferry Channel such that they could utilize the new public/private dredge, Miss Katie to assist with the maintenance of the channel. During the call, it was determined that the adding the Miss Katie to the existing CAMA permit and Individual Permit would warrant a letter requesting the modification. For DCM, this letter, along with a $100 check would serve as a Minor Modification request for the County's CAMA permit. The letter alone would serve to help facilitate the USACE's ability to issue the modification to the IP. Please see the attached letter- I have put a hard copy in the mail along with the check for $100 addressed to you, Heather. Should either of you have any questions or concerns, please give me a call any time. Regards, Brad Rosov Senior Marine Biologist/Project Manager Main: 910-399-1905 Mobile: 910-352-1555 brosov@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Coats, Heather From: Renaldi, Ronald Sent: Friday, December 17, 2021 3:12 PM To: Coats, Heather Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Afternoon Heather, I see no issue with adding the Miss Kattie to the approved dredge vessel list provided it conducts dredging no differently then the existing authorized dredges. Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management NC Department of Environmental Quality Ronald. Renaldi aancdenr.aov (252)264-3901 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Wednesday, December 1, 20214:44 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison @ncdenr.gov>; Pullinger, Robert C <chris.pulli nger@ ncdenr.gov> Cc: Howell, Jonathan <jonathan.howell@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: FW: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi everyone, Please see Brad's attached request to modify their permit for the S Ferry Channel to also allow use of the Miss Katie (PPP dredge), subject to all other current permit conditions (i.e. channel dimensions, environmental window, etc.). The existing CAMA/D&F permit is conditioned to only allow use of the federal dredge plants. Please let me know if you have any questions or comments or need any additional info by Dec 22. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management Coats, Heather From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Monday, November 8, 2021 1:39 PM To: Coats, Heather Subject: RE: [External] RE: South Ferry Channel - REQUEST FOR CONCURRENCE Hey Heather, Sorry, the day got away from me and its still on fire..hahah Concerning Hatteras, do you have any outstanding issues with their requests. As long as it is in the permitted dredge corridor for us and they follow any guidelines (SHPO, SAV) before dredging in these" underdged areas" I don't foresee any big issues with us. But I wanted to check with you before I told him that! Thanks! Josh From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Monday, November 8, 20218:31 AM To: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: South Ferry Channel - REQUEST FOR CONCURRENCE Of course! Let me know what time works best for you- orjust give me a call- office or cel phone will reach me. I also have a question for you about Avon/Buxton- are you guys requiring AD surveys of the borrow area and if so, would they have to be within a certain timeframe? Don't you generally require within 60 days post -project? From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Monday, November 8, 20217:45 AM To: Coats, Heather<heather. coats@ncdenr.gov> Subject: FW: [External] RE: South Ferry Channel - REQUEST FOR CONCURRENCE Hey Heather, I am just getting back in the saddle and may need you to catch me up on SFC if you have a second sometime around mid -morning. Thanks!!! Josh MMW TO: Heather Coats, NCDCM Beach and Inlet Management Project Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Hatteras Inlet Dredging Modification, Dare County DATE: 17 December 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit modification request for proposed actions that may impact fish and/or fish habitats. Specifically, Dare County is seeking to modify CAMA Major Permit #129-16 to allow for the use of the Miss Katie dredging vessel — which is currently under construction and is anticipated to be completed in Spring 2022 — to aid in the maintenance of the South Ferry Channel portion of Hatteras Inlet. The proposed action being requested includes adherence to all existing permit conditions, including limitations on dredging between I April and 30 September. The modification request also indicates that any work to occur outside of the environmental window would have to be granted on a case -by -case basis following consultation with the appropriate resource agencies. DMF is amenable to approving this modification to include the Miss Katie in the fleet that maintains Hatteras Inlet with the understanding that this dredge plant will be held to the same requirements/conditions as the plants that are currently permitted. As the U.S. Army Corps of Engineers (USACE) is in the process of working to realign the federal channel in Hatteras Inlet, this approval is based on the current management and may need to be reassessed after the USACE's Hatteras Inlet channel plans/permits are finalized. In order to minimize potential impacts to submerged aquatic vegetation (SAV), DMF recommends maintaining a 300' buffer surrounding identified SAV for dredging and sidecast operations. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonr!nedenr.gov with any further questions or concerns. State ofNorth.Carorma I Division ofMarineFisheries 3441Arendelf5treet [ P.D. a=769 l Morehead City,, North Caroltna26557 252-M-7021 Coats, Heather From: Coats, Heather Sent: Thursday, December 30, 2021 8:59 AM To: Dunn, Maria T. Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Attachments: RE: [External] RE: Dragheads Miss Katy Good morning, Maria! I believe it has been settled- but I had planned to still add the condition from the Oregon Inlet permit (or a variation of it) that they need to demonstrate this: Prior to the initiation of any dredging activities authorized by this permit, the permittee shall demonstrate to DCM, in coordination with the appropriate resource agencies, that the hopper dredge has been constructed in accordance with the U.S. Army Corps of Engineers hopper dredge plant specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI. Hope this helps! Let me know if you have any other questions or comments. (Also hope you're doing well!) H. From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Thursday, December 30, 20217:38 AM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi Heather. My reply was not an answer, but a question on if it had been determined if the Miss Katie performed as the USACE dredge plants and therefore could meet the conditions of the USACE's allowance. There was some confusion over the draghead and all, so I didn't know if that had been settled. Thanks. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www. ncwild life. oro Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Wednesday, December 29, 2021 11:42 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.ore> Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi Maria, Sorry if I mis-filed your reply and am just forgetting about it, but I wanted to check back and see if you had any comments on this request to be allowed to use the PPP dredge Miss Katie in South Ferry Channel? Thanks in advance! Heather From: Coats, Heather Sent: Wednesday, December 1, 20214:44 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison@ncdenr.sov>; Pullinger, Robert C <chris.pullinger@ncdenr.eov> Cc: Howell, Jonathan <ionathan.howell@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.miI>; Renaldi, Ronald <ronald.renaldi@ncdenr.eov> Subject: FW: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi everyone, Please see Brad's attached request to modify their permit forthe S Ferry Channel to also allow use of the Miss Katie (PPP dredge), subject to all other current permit conditions (i.e. channel dimensions, environmental window, etc.). The existing CAMA/D&F permit is conditioned to only allow use of the federal dredge plants. Please let me know if you have any questions or comments or need any additional info by Dec 22. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats a(�ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coats, Heather From: Coats, Heather Sent: Wednesday, December 1, 2021 4:44 PM To: Dunn, Maria T.; Harrison, James A; Pullinger, Robert C Cc: Howell, Jonathan; Pelletier, Josh R SAW; Renaldi, Ronald Subject: FW: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Attachments: 2nd Permit Modification Request- Use of Miss Katie in South Ferry Channel.pdf Hi everyone, Please see Brad's attached request to modify their permit for the S Ferry Channel to also allow use of the Miss Katie (PPP dredge), subject to all other current permit conditions (i.e. channel dimensions, environmental window, etc.). The existing CAMA/D&F permit is conditioned to only allow use of the federal dredge plants. Please let me know if you have any questions or comments or need any additional info by Dec 22. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coatsCa.ncdenr.00v 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brad Rosov<brosov@coastalprotectioneng.com> Sent: Wednesday, December 1, 202111:21 AM To: Pelletier, Josh R CIV CESAW CESAD (US) <josh.r.pelletier@usace.army.mil>; Coats, Heather <heather.coats@ncden r.gov> Cc: Ken Willson <kwillson@coastalprotectioneng.com> Subject: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Good morning Josh and Heather, On October 28, 2021 the 3 of us held a virtual meeting to discuss Dare County's desire to modify their existing permits to maintain South Ferry Channel such that they could utilize the new public/private dredge, Miss Katie to assist with the maintenance of the channel. During the call, it was determined that the adding the Miss Katie to the existing CAMA permit and Individual Permit would warrant a letter requesting the modification. For DCM, this letter, along with a $100 check would serve as a Minor Modification request for the County's CAMA permit. The letter alone would serve to help facilitate the USACE's ability to issue the modification to the IP. Please see the attached letter- I have put a hard copy in the mail along with the check for $100 addressed to you, Heather. Should either of you have any questions or concerns, please give me a call any time. Regards, Brad Rosov Senior Marine Biologist/Project Manager Main:910-399-1905 Mobile: 910-352-1555 brosov@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, INC 28409 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 12/9/2021 County of Dare County of Dare PNC Bank 292793 $100.00 minor modification fee #129-16, HC rct. Hatteras Inlet-5 Ferry Channel, 8016 Dare County /f Permit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 129-16 Issued to Dare County, PO Box 1000 Manteo NC 27954 Authorizing development in Hyde/Dare County at Pamlico Sound and Hatteras Inlet complex adi. to the NE tip of Ocracoke Island, as requested in the permittee's letter dated 12/1/21. This permit, issued on January 18, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this Minor Modification authorizes use of the Miss Katie dredge plant, all as expressly and specifically set forth in the attached letter of request and subject to Condition No. 3 below. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, and intertidal resources, no excavation activities shall occur from April 1 to September 30 of any year without prior approval from N.C. Division of Coastal Management, in consultation with the appropriate resource agencies. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal ReSollr Commission. Braxton Cl Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program. Dare County ADDITIONAL CONDITIONS Permit No.129-16 Page 2 of 2 3) Prior to the initiation of any dredging activities authorized by this permit, the pemrittee shall demonstrate to DCM, in coordination with the appropriate resource agencies, that the hopper dredge has been constructed in accordance with the U.S. Army Corps of Engineers hopper dredge plant specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI. 4) Any mitigative measures or environmental commitments specifically made in the application for this modification shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. 5) This Minor Modification shall be attached to the original of Permit No. 129-16, which was issued on 12/20/16, as well as all subsequent modifications and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless specifically altered herein. 7) The permittee and/or his or her contractor shall schedule a pre -construction conference with a representative of the Division prior to project initiation. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources has previously authorized the proposed project under DWR Project No. 13-1279 v3. NOTE: The U.S. Army Corps of Engineers has previously authorized the proposed project under COE Action Id. No. SAW-2016-02140. December 1, 2021 Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Joshua Pelletier U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington; NC 27889 Brad Rosov Project ManagerlSenior Marine Biologist Coastal Protection Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, North Carolina Tel: +1 910-399-1905 brosov@coastalprotectioneng.com RECEIVED DEC 3G2 2021 DCM WILMINGTON, NC Re: Permit Modification Request for the Hatteras Inlet Channel Maintenance Project (CAMA Major Permit#129-16 and Dept. of Army Permit #2016-02140): Use of the Miss Katie within South Ferry Channel Dear Ms. Coats and Mr. Pelletier: As you are aware, the Division of Coastal Management (DCM) issued CAMA Major Permit #129-16 to Dare County for the County's proposed Hatteras Inlet Channel Maintenance Project on December 22, 2016., The United States Army Corps of Engineers (USACE) issued a Department of Army (DoA) Individual Permit #SAW-2016-02140 on March 1, 2017 to Dare County for the same action. Prior to the issuance of permits, an interagency scoping meeting was held on August 16, 2016. As stated in the permit application packages, Dare County was seeking permits that would allow for the utilization of US Army Corps of Engineers (USACE) dredges to conduct maintenance dredging within South Ferry Channel in an attempt to reestablish the navigability from Ocracoke Island and Hatteras Island into Hatteras Inlet. Dredging activities would be performed by USACE-owned dredge plant (sidecast dredge and special purpose dredges) within a 150' wide channel excavated to -12 ft. MLW depths from within the proposed South Ferry Channel corridor. Material excavated by a special purpose dredge would be disposed in a nearshore disposal, site in: the Atlantic Ocean just south of Ocracoke Island which has beenpreviously authorized for use by the USACE. The permits issued to Dare County for this action specified that dredging would not be permissible outside the environmental dredge window of April 1 to September 30 without prior approval from DCM and USACE in consultation with appropriate resource agencies. A minor permit modification to the CAMA Major permit was issued by DCM on March 14, 2018 allowing for 1) A one-time open water disposal of up to 500 cubic yards of material; and 2) The widening of the permitted channel width from 150 ft. to 200 ft. The USACE issued a modification to the DoA Permit #SAW-2015-02140 on March 5, 2018 allowing for an increase of the channel width to 200 ft. On January 22, 2020, the CAMA Permit #129-16 was renewed and remains valid through December 31, 2024. The DoA Individual Permit #SAW-2016-02140 remains valid through March 1, 2027. Since the issuance of the permits, Dare County has implemented ten maintenance dredging events within South Ferry Channel utilizing the sidecast dredge Merritt and the special purpose dredges Currituck and Murden. Through coordination with regulatory and resource agencies, several of these events were authorized to be performed outside the environmental dredge window due to shoaling which severely limited navigation to the inlet. These permits have allowed Dare County to improve navigation through this corridor since 2017 through the occasional use of USACE Wilmington District dredge plants. However, dredge plant availability has become an issue as these dredges are in high demand to maintain navigation channels throughout the East and Gulf Coast. Recognizing the need for greater dredging capacity, Senate Bill 99 of Session 2017 was passed by the North Carolina Senate and provides for the construction of a privately owned dredge that can be utilized to maintain shallow draft navigations channels including the Hatteras Inlet complex. The bill authorized the allocation of up to $15 million of State funds to be provided, in the form of a forgivable loan to a private partner for the construction and operation of a dredge capable of maintaining shallow draft navigation channels throughout the State. That dredge, the "Miss Katie", is currently under construction and is anticipated to be operational in Spring 2022. Modifying the County's existing permits to allow for the use of the Miss Katie to maintain the South Ferry Channel will reduce the burden of relying solely on the USACE's dredge fleet. As such, Dare County is requesting to modify CAMA Major permit #129-16 and the Department of Army (DoA) Individual Permit #SAW-2016-02140 to include the ability to us the Miss Katie to maintain the South Ferry Channel within the previously permitted channel corridor and within the previously permitted channel dimensions (200 ft. wide, -12 ft MLLW depth). The proposed action being requested under this permit modification request includes adhering to all exiting permit conditions, including limitations on dredging between April I and September 30. The Miss Katie is being constructed to have both the capability of dredging material and storing it in a hopper and then bottom dumping the material in an authorized location, as well as functioning as a sidecast dredge. In order to minimize environmental impacts, many of the design specifications of the Miss Katie were developed to mimic those of the USACE's special purpose dredges. These specifications were described within several environmental documents drafted by the USACE. In 1998, the USACE drafted a Biological Assessment (BA) entitled "Use of the Sidecast Dredges Fry, Merritt, Schweizer, and the Split -Hull Hopper Dredge Currituck in Coastal United States Waters". Due to concerns with possible impacts to swimming sea turtles and other biological resources, the BA describes a number specifications included with the design and specifications of the authorized dredges. These design considerations are intended to reduce the risk of impacts to these resources. These include: • Draghead suction limited to an average 350-horsepower with a maximum horsepower of 400- horsepower. • The draghead sizes limited and range from approximately 2 feet by 2 feet to 2 feet by 3 feet. RECEIVED DEC 1(d 2021 DCM WILMINGTON, NC • The draghead openings are further subdivided on their undersides by gridded baffles with openings ranging from about 5 inches by 5 inches to 5 inches by 8 inches. These baffles restrict the size of objects which can enter the dredge draghead. The subsequent Biological Opinion (BO) issued by NMFS later that year states: "Based on our consideration of the best available information, we believe that the year-round operation of the hopper dredge Currituck and the sidecast dredges Fry, Merritt and Schweizer to maintain coastal inlets on the eastern seaboard of the United States may affect, but is not likely to adversely affect the continued existence of listed species under NMFS purview. This consultation is valid as well for the operation by Wilmington District Corps of Engineers for channel maintenance dredging of up to 10 vessels of this or similar type and size class (under 500 gross tons), with similar dragheads (Brunswick, Brunswick County Type, Brunswick Adjustable, or equivalent), dredge pump horsepower (400 H.P. maximum), and suction and discharge pipe specifications ( dredge suction pipes 10-14 inches in diameter, and combined discharge pipe 12- 16 inches in diameter) ". With these specifications in place, the authorization states that these USACE vessels are not required to operate with sea turtle deflectors on the dragheads and do not require screening or observers. Accordingly, because the Miss Katie is being constructed with the same specifications as the USACE special purpose dredges, the proposed action includes the Miss Katie operating without turtle deflectors on the dragheads or screening observers. In summary, Dare County requests that DCM and USACE modify the County's existing permits to allow for the use of the Miss Katie to maintain South Ferry Channel within the same confines ,and channel dimensions as described in the attached figure. The Miss Katie will also only be operational outside the environmental dredge window of April I to September 30 unless approval is granted on a case -by -case basis following consultations between DCM, USACE, and appropriate resource agencies. Sincerely, COASTAL PROTECTION ENGINEERING OF NORTH CAROLINA, INC. 7� Brad Rosov Senior Marine Biologist RECEIVED DEC -6 2021 DCM WILMINGTON, NC C NOT FOR CONSTRUMON FOR REGULATORY REVIEW ONLY LEGEND: SUBMERGED AQUATIC VEGETATION AND 100 FT BUFFER 11 31b31 ASBUILT EXISTING CABLE ROUTE (CALDWELLCABLEVENTURES) EXISTING e pp ECABLE LECTRICAL NTIUTY ELECTRICAL CONSULTANTS, PC) ASBUILT NEW CABLE ROUTE VOTES: w� 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE € COORDINATE SYSTEM, NORTH AMERICAN DATUM 1983. (NAD83) n 2. ELEVATIONS ARE REFERENCED TO MLW. PERMITTED DREDGE DEPTH IS gPo RELATIVE TO THE MLW DATUM BEING APPROXIMATELY 0.8' ABOVE MLLW 3. DATE OF AERIAL PHOTOGRAPHY: FEBRUARY 18. 2021. COURTESY OF PW E USACE. o%gi%g e A. SURVEY DATA COLLECTED BY THE USAGE. SEPTEMBER 21,2021. 2 S. BATHYMETRIC CONTOURS REPRESENT THE CONDITIONS OF THE CHANNEL o ON SEPTEMBER 21.2021 AND SHOULD NOT BE RELIED ON FOR NAVIGATION PURPOSES. PURPOSES. S. PROPOSED SOUTH FERRY CHANNEL IS NOT FIXED AND RATHER FOLLOWS DEEP WATER AT TIME OF MAINTENANCE AND/OR PREVIOUSLY DREDGED awxcx� CHANNEL FOOTPRINT. LOCATION SHOWN IS REPRESENTATIVE ONLY AND WILL TIME CHANGE BASED ON SATHYMETRY AT OF MAINTENANCE. PV-1 ..e :�:� � ,.,, , .�.: Coats, Heather From: Renaldi, Ronald Sent: Friday, December 17, 2021 3:12 PM To: Coats, Heather Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Afternoon Heather, I see no issue with adding the Miss Kattie to the approved dredge vessel list provided it conducts dredging no differently then the existing authorized dredges. Ron Renaldi District Manager, Northeastern District INC Division of Coastal Management NC Department of Environmental Quality Ronald. Renaldi(a)ncdenr.gov (252)264-3901 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather<heather.coats@ncdenr.gov> Sent: Wednesday, December 1, 20214:44 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov> Cc: Howell, Jonathan <jonathan.howell@ncdenr.gov>; Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: FW: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi everyone, Please see Brad's attached request to modify their permit for the S Ferry Channel to also allow use of the Miss Katie (PPP dredge), subject to all other current permit conditions (i.e. channel dimensions, environmental window, etc.). The existing CAMA/D&F permit is conditioned to only allow use of the federal dredge plants. Please let me know if you have any questions or comments or need any additional info by Dec 22. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coatsCcDncdenr. aov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brad Rosov <brosov@ coastal protectionene.com> Sent: Wednesday, December 1, 2021 11:21 AM To: Pelletier, Josh R CIV CESAW CESAD (US) <josh.r.pelletier@usace.armv.mil>; Coats, Heather <heather.coats@ncdenr.eov> Cc: Ken Willson<kwillson@coastalprotectioneng.com> Subject: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Good morning Josh and Heather, On October 28, 2021 the 3 of us held a virtual meeting to discuss Dare County's desire to modify their existing permits to maintain South Ferry Channel such that they could utilize the new public/private dredge, Miss Katie to assist with the maintenance of the channel. During the call, it was determined that the adding the Miss Katie to the existing CAMA permit and Individual Permit would warrant a letter requesting the modification. For DCM, this letter, along with a $100 check would serve as a Minor Modification request for the County's CAMA permit. The letter alone would serve to help facilitate the USACE's ability to issue the modification to the IP. Please see the attached letter- I have put a hard copy in the mail along with the check for $100 addressed to you, Heather. Should either of you have any questions or concerns, please give me a call any time. Regards, Brad Rosov Senior Marine Biologist/Project Manager Main: 910-399-1905 Mobile: 910-352-1555 brosov@coastalprotectioneng.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Goverm 1ELI ABETH S: BMEiti se�rerP u�croa TO: Heather Coats, NCDCM Beach and Inlet Management Project Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Hatteras Inlet Dredging Modification, Dare County DATE: 17 December 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit modification request for proposed actions that may impact fish and/or fish habitats. Specifically, Dare County is seeking to modify CAMA Major Permit #129-16 to allow for the use of the 11iss Katie dredging vessel — which is currently under construction and is anticipated to be completed in Spring 2022 — to aid in the maintenance of the South Ferry Channel portion of Hatteras Inlet. The proposed action being requested includes adherence to all existing permit conditions, including limitations on dredging between 1 April and 30 September. The modification request also indicates that any work to occur outside of the environmental window would have to be granted on a case -by -case basis following consultation with the appropriate resource agencies. DMF is amenable to approving this modification to include the Miss Katie in the fleet that maintains Hatteras Inlet with the understanding that this dredge plant will be held to the same requirements/conditions as the plants that are currently permitted. As the U.S. Army Corps of Engineers (USAGE) is in the process of working to realign the federal channel in Hatteras Inlet, this approval is based on the current management and may need to be reassessed after the USACE's Hatteras Inlet channel plans/permits are finalized. In order to minimize potential impacts to submerged aquatic vegetation (SAV), DMF recommends maintaining a 300' buffer surrounding identified SAV for dredging and sidecast operations. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrison mncdennyov with any further questions or concerns. Stab dKortkCardtina l DwWw ufMwfne risbesies - U41A1en&1(s reet I PAU*769 I M0MheadC1tj,W th Caro1i326W 252.726-7024 Coats, Heather From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Monday, November 8, 2021 1:39 PM To: Coats, Heather Subject: RE: [External] RE: South Ferry Channel - REQUEST FOR CONCURRENCE Hey Heather, Sorry, the day got away from me and its still on fire..hahah Concerning Hatteras, do you have any outstanding issues with their requests. As long as it is in the permitted dredge corridor for us and they follow any guidelines (SHPO, SAV) before dredging in these" underdged areas" I don't foresee any big issues with us. But I wanted to check with you before I told him that! Thanks! Josh From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Monday, November 8, 20218:31 AM To: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: South Ferry Channel - REQUEST FOR CONCURRENCE Of course 1 Let me know what time works best for you- or just give me a call- office or cel phone will reach me. I also have a question for you about Avon/Buxton- are you guys requiring AD surveys of the borrow area and if so, would they have to be within a certain timeframe? Don't you generally require within 60 days post -project? From: Pelletier, Josh R CIV USARMY CESAW (USA) <Josh.R.Pelletier(@usace.army.mil> Sent: Monday, November 8, 20217:45 AM To: Coats, Heather<heather. coats@ncdenr.gov> Subject: FW: [External] RE: South Ferry Channel - REQUEST FOR CONCURRENCE Hey Heather, I am just getting back in the saddle and may need you to catch me up on SFC if you have a second sometime around mid -morning. ThanksM Josh Coats, Heather From: Coats, Heather Sent: Wednesday, December 1, 2021 4:44 PM To: Dunn, Maria T.; Harrison, James A; Pullinger, Robert C Cc: Howell, Jonathan; Pelletier, Josh R SAW; Renaldi, Ronald Subject: FW: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Attachments: 2nd Permit Modification Request- Use of Miss Katie in South Ferry Channel.pdf Hi everyone, Please see Brad's attached request to modify their permit for the S Ferry Channel to also allow use of the Miss Katie (PPP dredge), subject to all other current permit conditions (i.e. channel dimensions, environmental window, etc.). The existing CAMA/D&F permit is conditioned to only allow use of the federal dredge plants. Please let me know if you have any questions or comments or need any additional info by Dec 22. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coats(a)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28406 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brad Rosov <brosov@coastalprotectioneng.com> Sent: Wednesday, December 1, 202111:21 AM To: Pelletier, Josh R CIV CESAW CESAD (US) <josh.r.pelletier@usace.army.mil>; Coats, Heather <heather.coats@ncden r.gov> Cc: Ken Willson <kwillson@coastalprotectioneng.com> Subject: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Good morning Josh and Heather, On October 28, 2021 the 3 of us held a virtual meeting to discuss Dare County's desire to modify their existing permits to maintain South Ferry Channel such that they could utilize the new public/private dredge, Miss Katie to assist with the maintenance of the channel. During the call, it was determined that the adding the Miss Katie to the existing CAMA permit and Individual Permit would warrant a letter requesting the modification. For DCM, this letter, along with a $100 check would serve as a Minor Modification request for the County's CAMA permit. The letter alone would serve to help facilitate the USACE's ability to issue the modification to the IP. Please see the attached letter- I have put a hard copy in the mail along with the check for $100 addressed to you, Heather. Should either of you have any questions or concerns, please give me a call any time. Regards, Brad Rosov Senior Marine Biologist/Project Manager Main:910-399-1905 Mobile: 910-352-1555 brosov@coastalprotectionena.com Coastal Protection Engineering 4038 Masonboro Loop Road Wilmington, NC 28409 Coats, Heather From: Coats, Heather Sent: Thursday, December 30, 2021 8:59 AM To: Dunn, Maria T. Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Attachments: RE: [External] RE: Dragheads Miss Katy Good morning, Maria! I believe it has been settled- but I had planned to still add the condition from the Oregon Inlet permit (or a variation of it) that they need to demonstrate this: Prior to the initiation of any dredging activities authorized by this permit, the permittee shall demonstrate to DCM, in coordination with the appropriate resource agencies, that the hopper dredge has been constructed in accordance with the U.S. Army Corps of Engineers hopper dredge plant specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI. Hope this helps! Let me know if you have any other questions or comments. (Also hope you're doing well!) H. From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Thursday, December 30, 2021 7:38 AM To: Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: (External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi Heather. My reply was not an answer, but a question on if it had been determined if the Miss Katie performed as the USACE dredge plants and therefore could meet the conditions of the USACE's allowance. There was some confusion over the draghead and all, so I didn't know if that had been settled. Thanks. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Coats, Heather <heather.coats@ncdenr.gov> Sent: Wednesday, December 29, 202111:42 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: RE: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi Maria, Sorry if I mis-filed your reply and am just forgetting about it, but I wanted to check back and see if you had any comments on this request to be allowed to use the PPP dredge Miss Katie in South Ferry Channel? Thanks in advance! Heather From: Coats, Heather Sent: Wednesday, December 1, 20214:44 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harrison, James A <James.Harrison@ncdenr.gov>; Pullinger, Robert C <chris.oullinger@ncdenr.gov> Cc: Howell, Jonathan <jonathan.howell@ncdenr.gov>; Pelletier, Josh R SAW<Josh.R.Pelletier@usace.army.mil>; Renaldi, Ronald <ronald.renaldi@ncdenr.gov> Subject: FW: [External] Minor Permit Modification: Use of Miss Katie at Hatteras Inlet (South Ferry Channel) Hi everyone, Please see Brad's attached request to modify their permit for the S Ferry Channel to also allow use of the Miss Katie (PPP dredge), subject to all other current permit conditions (i.e. channel dimensions, environmental window, etc.). The existing CAMA/D&F permit is conditioned to only allow use of the federal dredge plants. Please let me know if you have any questions or comments or need any additional info by Dec 22. Thanks, Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coatsCcDncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ate ate Receive "d Deposited Check From Nomeo p f Vendor Permit Holder Z/9/2021 Count of Dare y County of Dare PNC Bank Check Check: Number Permit Rct. # omount Number/Comments 292793 $100.00 minor modification fee #129-16, Hatteras, Inlet-SF Fefy Channel, HC rct. 8016 Dare County