Sorry for the long post. If you have ever enjoyed yourself in Hatteras or ever plan to do so in the future you should read the following to the end and then
take action. This will set precedent for all Federal lands in the future even if you could care less about Hatteras.
April 23, 2010
RE: National Park Service Proposed Rules for Beach Access
Dear Hatteras Realty Property Owner,
On April 1, 2011 the most significant event with the potential for a long-term impact on Hatteras Island since the construction of the Bonner Bridge is scheduled to occur. Barring unforeseen delays, the National Park Service (NPS) will institute an Off-Road Vehicle Management Plan at the Cape Hatteras National Seashore Recreational Area that will dictate the use of the beach for the next 15 to 20 years. Although called an “ORV Management Plan,” the rules and policies that will be adopted have a scope that extends to cover all human access as well as resource management within the Recreational Area. This plan, in its current form, will substantially reduce ORV and pedestrian access to the beaches and, through the reduction of the number of visitors to the island, may lower property values, weekly vacation rental income and the overall economic viability of Hatteras Island. As an advocate of free and open beaches within the Recreational Area, I want to make sure you know what you can do to fight against the adoption of the current plan, or at least lessen the impact.
You may already be aware of the debate that has escalated over the past 5 years to arrive at where we are today. Environmental groups, specifically the Audubon Society and the Defenders of Wildlife through their legal arm, the Southern Environmental Law Center, have been relentless in their effort to transform large areas of the Recreational Area from a recreational destination to be enjoyed by the public into a wildlife sanctuary with minimal human encroachment (i.e. no pedestrian or vehicular access). In pursuit of this goal, these organizations initiated legal action in 2008 against the NPS. The Federal Court Consent Decree that resulted from this action imposed substantial access restrictions and requires the NPS to implement an official off-road vehicle management plan by April 1, 2011. On March 5, 2010, the NPS and the Department of the Interior published the Draft Cape Hatteras National Seashore Off-Road Vehicle Management Plan / Environmental Impact Statement (DEIS). On March 12th the Environmental Protection Agency published their Notice of Availability in the Federal Register, beginning a 60 day public comment period ending Midnight on May 11, 2010. This draft document is scheduled to be replaced by year-end with a “Final” document and implementation is planned for April 1, 2011.
Alternative "F", of the 6 alternative plans considered in the DEIS, is the preferred option of the National Park
Service. This alternative is far more restrictive to beach access than even the Federal Court Consent Decree. Many organizations (Outer Banks Preservation Association, North Carolina Beach Buggy Association, Cape Hatteras Anglers Club and others) that cherish the traditional and historical heritage of the Recreational Area have joined together as the Coalition to Preserve Beach Access to study the plan to identify concerns and issues that all visitors to the Recreational Area should know.
Examples of Draconian rules in Alternative "F" include:
1) Any piping plover unfledged chick brood will require a 1,000 meter pedestrian/ORV closure around it in all directions. This equals approximately 771 acres per brood. This restriction will apply anywhere in the park, even on the beach in front of your vacation home as well as in the designated "wilderness areas.” (p. 121-127)
2) Any American Oystercatcher nest or brood will require a 300 meter pedestrian/ORV closure around it in all directions. This restriction is almost as severe as that for the piping plover, even though the Oystercatcher is not a federally threatened species. (p.121-127)
3) No pets, including dogs, will be permitted, either leashed or unleashed, on Cape Hatteras National Seashore public lands including the beaches between March 15th and July 31st. [Note: Pets are such an important part of the rental equation.] (p. 136)
4) ORVs will be prohibited year round between ramps 23 and 27, at the Hatteras Island (Hatteras Inlet) and Ocracoke Island (Ocracoke Inlet) spits and various other locations. (p. 97-101)
5) Night driving will be prohibited between May 1 and November 15th, forcing visitors off of the beaches early in the evening, and preventing sunrise surf fishermen access in the morning. (p. 104)
6) Pedestrian access will be prohibited from March 15 until July 31 in eight different beach locations which have traditionally been available. (p. 121)
Glaring shortcomings in Alternative “F” include:
1) Out of the 810 pages that detail all aspect of the plan, only two paragraphs are devoted to the analysis of the preservation of cultural resources, even though this action is required by the National Environmental Policy Act.
2) The socio-economic data and analyses are incomplete and erroneous and result in an understatement of the effect the restrictions will have upon the Island, the region and the state of NC.(p. 270-286, 561-598)
I urge you to help in the fight to preserve our beaches, protect natural resources with common sense policies, but not prohibit ORV and pedestrian access. Please participate in the official comment process currently underway. It has been said if you are not at the table, you are mostly likely on the menu. Unless we, the public, comment on the plan, the plan will be enacted unaltered. If you share our concerns with the pending changes to the management policies in the Recreational Areas, it is critical that you comment to the NPS.
Commenting is a daunting task. You could take a month off and read the entire 810 page document of proposed rules. However, members of the Coalition For Beach Access, which seeks a more rational approach of reasonable access tempered with reasonable resource management, have read, studied and analyzed the report and boiled it down into a more digestible and shortened presentation so you don't have to! The document they prepared identifies the concerns listed above, plus many other concerns, to help the public formulate their responses. The document also provides page references (as shown above) to the DEIS to help you navigate to the text that raises the concerns.
We urge you to download and read the Coalition’s assessment of the DEIS compared to the previously referenced Coalition’s position statement at:
www.obpa-nc.org...t.pdf
You may download or read the Coalition’s ORV Management Environmental Impact Position Statement at:
www.obpa-nc.org...t.pdf
You may download or read the DEIS at:
http://parkplanning.nps.gov/document.cfm.....ntID=32596
It is not necessary that you comment on each concern. Certainly, some people will feel more strongly about some issues than others. What is important is for you to identify the issues near to your heart and to communicate in your own words why you agree or disagree with the planned actions, what questions you would like answered, and what changes you would like to see in the final plan.
The deadline for the submission of comments to the NPS is MAY 11, 2010. It is essential that all who value and cherish the Cape Hatteras National Seashore Recreational Area comment by this date. We have attached a flyer that gives you information on when and where to respond, as well as suggestions on how to respond effectively.
A word of caution, emotional arguments will not help shape the end document and will undermine the effectiveness of your specific comments pertaining to the aspects detailed in the plan. We have been assured that each and every comment will be read and logged, but they need to be concise and logical.
The access plan addresses more, much more, than those just wanting to drive on the beach. In our opinion, the environmental groups wish to critically influence the National Park Service to shift its dual mandate of providing for the protection of the natural resources and wildlife WHILE simultaneously providing for the public's right to current and future recreational opportunities (access) to a policy of denying human entry into large areas of the park and severely restricting the public's access to all portions of the beach.
There is room for both public use and resource management. However, the science offered to support the environmentalist positions does not justify the extreme ORV and pedestrian access restrictions proposed in the DEIS. It is critical that we, who live, invest and vacation at the Cape Hatteras National Seashore do all we can to put this proposed plan on a rational track. If we don't comment, then the US Park Service will assume the public approves of their proposals and will decide for us. Your comments will become part of the public record, so important to the continuation of this fight for public beach access in the future.
Sincerely,
R. Stewart Couch
Hatteras Realty, Inc.
www.hatterasrealty.com
800-HATTERAs (428-8372)
Making Comment to the NPS
CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA DRAFT OFF-ROAD VEHICLE MANAGEMENT PLAN/ ENVIRONMENTAL IMPACT STATEMENT (DEIS)
Public Comment Period ends at Midnight on May 11th
An electronic copy of the Coalition for Beach Access ORV Access Environmental Impact Position Statement can be downloaded at:
www.obpa-nc.org...t.pdf
An electronic copy of the Coalition for Beach Access DEIS Assessment can be downloaded at:
www.obpa-nc.org...t.pdf
An electronic copy of NPS DEIS can be downloaded at:
http://parkplanning.nps.gov/document.cfm.....ntID=32596
Three (3) options are available to respond:
1) Comments may be submitted electronically on-line at the Planning, Environment
and Public Comment (PEPC) website at: ...
http://parkplanning.nps.gov/caha
click on: Open for Comment
click on: Off-Road Vehicle Management Plan/EIS"
click on: Comment on Document.
2) Written comments, i.e. letters, may be sent via the US Postal Service to:
Mike Murray, Superintendent
Cape Hatteras National Seashore
1401 National Park Drive
Manteo, NC 27954
Oral comments can be made at any and/or all public meetings as scheduled:
Ocracoke, NC – Mon, Apr 26, 9-11 am, Ocracoke School, 1 School House Road
Buxton, NC – Mon, Apr 26, 5-8 pm, Cape Hatteras Secondary School, Hwy 12
KDH, NC – Tue, Apr 27, 6-8 pm, Wright Brothers Pavilion, M.P. 7-1/2
Raleigh, NC – Wed, Apr 28, 6-8 pm, McKimmonConf. Ctr. @ NC State Univ., 1101 Gorman St.
Hampton, VA – Thurs, Apr 29, 6-8 pm, Holiday Inn & Conf. Ctr., 1815 W. Mercury Blvd.
Suggestions on How to Comment Effectively
• All comments should reference what is contained in the document in the order and sequence presented.
• All comments should start with “I agree” or “I disagree” and then describe what it is you agree or disagree with and why. It is very appropriate to suggest items left out of the document.
• Be short and specific.
• Arbitrary statements or philosophical arguments do nothing but lessen the impact and viability of your other and probably more substantive comments.
• Comments should be complete and include full sections, not just sections with which a commenter only disagrees. Remember the government employee in the cubicle reading your document, and thinking about what you do when someone does nothing but complain. Most people tune them out.
• The US Government is presenting this document to the public for comment on this document and what is contained in this document. To spend time on items not relevant to the document will only serve to lessen the impact of your comments.
• You may submit multiple written comments either via mail or on-line at the NPS “PEPC” web site. If, after you comment, you remember or read about something else of concern, you are free to submit as many comments as you like.
• Keep in mind that a nameless government employee will be in a room reading your written comments and deciding if what you wrote gets into or is left out of the summary.
ALL COMMENTS MUST BE RECEIVED AT NPS
NO LATER THAN MIDNIGHT, MAY 11, 2010