An attorney for an environmental group is questioning the state's interpretation of right-of-way issues that affect the replacement for the Herbert C. Bonner Bridge.
In a letter sent to state Secretary of Transportation Eugene Conti on Thursday, an attorney with the Southern Environmental Law Center said the state Department of Transportation is incorrect in its belief that two recently discovered old deeds give the state right of way in perpetuity for N.C. 12 through Pea Island.
The attorney, Derb Carter, contends that the state gave away its interests to the United States in 1954 but that it reserved rights to build roads through the seashore lands and not the refuge lands.
"We can only speculate that NCDOT may be confusing the acquisition of land for Cape Hatteras National Seashore," he wrote, "with the separate acquisition of land for Pea Island National Wildlife Refuge."
"From all the documents and deeds we've seen, we don't see how they have the rights they say they have," Carter said in an interview. "We're still hopeful that there's an alternative chosen that has minimal environmental effects and that's compatible with the refuge."
Right of way has been an impediment in designing a replacement for the Bonner Bridge that would meet regulations that find it compatible with the refuge and that would not be subject to lawsuits by environmental groups.
The bridge, the only link to Hatteras Island, was built in 1963 and is in poor condition. Plans to build a replacement at the existing location began in 1990.
In 2005, rapid erosion prompted engineers to switch gears and design a 17.5-mile alternative that would bypass the refuge and the road. Environmental groups, including Carter's, said this so-called long bridge was the best choice for the environment.
But after concerns about loss of access to the refuge and the high cost, the department switched again, to a phased approach. That would be a bridge by the existing location and a series of short bridges to be constructed in phases over eroded areas in Pea Island to Rodanthe. At the time, the department of transportation believed the project was limited to a 100-foot right of way through the refuge.
Before the Federal Highway Administration would sign off on the project late last year, it asked to see the deeds supporting the right of way, state Department of Transportation COO Jim Trogdon said earlier this month. In complying with that request, he said, the state attorney general's office discovered deeds from the 1950s that appear to give the state more flexibility with the right of way.
"We do feel confident that the deeds we have from '53, '58, '54 and '55 clearly show that the road had been in existence with the refuge throughout its history here to date," Trogdon said Friday.
The state is now working on another alternative, "Road North, Bridge South." With a $300 million cheaper price tag than the phased approach, it would replace the bridge parallel to the 1963 span and place the road on a bridge from the south end of the refuge to north end of Rodanthe.
Trogdon said that the department knows the right of way still has to be within certain metes and bounds, but it does not believe that the compatibility determination regulation applies to a transportation route with long-term existing use.
A meeting of representatives from agencies with stakes in the project is scheduled for May 21, when members will be asked to agree on the new alternative.
Carter's preference is not on the table, he said.
"We do not believe," Trogdon said, "the long bridge is a reasonable, feasible or prudent alternative."
Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com
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Deeds
Carter said in an interview. "We're still hopeful that there's an alternative chosen that has minimal environmental effects and that's compatible with the refuge."
Hopeful? Sounds as if the NCDOT has legitimate standing with the newly discovered deeds. We can only hope.
Environmentalist are on a course to the ruination of this country. By their own actions they hinder the production of our own natural resources for survivability.
Bonner Bridge replacement?
We spend millions dredging Oregon Inlet just to keep it open. Why not let it close, as "nature" is trying to do -- or better yet, fill the inlet just as the inlet north of Hatteras was closed after Isabel, and build NC 12 accross the fill. The fishing boats would have to travel, or relocate to Hatteras, and the Coast Guard Station would not be needed at Oregon Inlet. Who needs a bridge.
Hey, we just saved a billion bucks!
Stalling tactics
This is more of the same stalling tactics being used by the same environmental groups which have restricted access to Cape Hatteras beaches. They say that they want to preserve the area, but I don't think anyone believes that. As long as Derb Carter, Jason Rylander & other attorneys keep these disputes going in court, they continue to collect fat salaries. These people are getting paid to manipulate the judicial system. The Consent Decree took the Democracy out of the negotiating process. The more reg-neg meetings I sat through, the more I realized this. The attorneys, along with the Park Service, weren't asking about our opinions on how to proceed, they were telling us how things we're going to be. During these hearings I'd say that at least 60-75% of the stakeholders were against restrictions & year round closures. Despite this, the restrictions & closures have continued. This is exactly what I find most disturbing. Even though the majority of the stakeholders were against the restrictions, they happened anyways. One question... Where's the democracy?
The claims these groups were making about animals, especially birds & turtles were shaky at best. At one meeting we sat & listene
Lawyers
You might recall that Carter and the SELC were the ones getting so many pats on the back over in Washington and Beaufort Counties on the OLF issue. I think "Q" on Star Trek was right........we would be better off without so many lawyers. These guys from SELC are a bunch of Orange county types that would care less if all of us east of 95 just fell off the surface of the earth.........as long as we didn't leave any debris behind which may hurt the plovers and such.......
Further reading for Richardm
You will find in this history of the seashore that it was envisioned primarily as a recreational area. The concept included the residents providing the services to visitors (eg, lodging, food, etc.) which was to bolster their failing economy in the 30s/40s.
Thus the residents did exactly what the original concept called for in opening businesses to provide the services you besmirch.
http://www.nps.gov/history/history/online_books/caha/caha_ah.pdf
For Richardm
Overdeveloped???? The villages within the Seashore contain 15% or less of the Seashore land and that is the only place development is allowed. That would hardly constitute overdevelopment if totally built out.
Being educated on migrating dune lines does not apply as the dunes here were man made. Maybe you should "read up".
Design
It takes an enormous amount of time to design a bridge. All the fuss just delays the beginning of the design process even longer. As with the Woodrow Wilson Bridge in Washington, DC, it may take a court order to get this bridge built.
What's shameful is waht the
What's shameful is waht the residents have allowed to occur over there. They moved to waht was always termed 'God's country' and over developed it. You moved there for the solitude and then realized you needed business to stay there. In short order many got into building and opening business'. Now you want to damage the same environment that lured you.
Selfish. Shameful. Disgusting.
All of this silly bridge over a difficult channel to save you a little bit of time. It is barrier island. Being educated on migrating dune lines does not make you a tree hugger. Read up.
Posted Before
As I said earlier, the finding and State's interpretation of the deeds wou8ld be challenged by radical environmental organizations such as the North Carolina Coastal Federation, Southern Environmental Law Center, and others.
These are radical orgs, that are not concerned with compromise. It is either their way or the highway. Hatteras Islander, Outer Bankers, visitors wake up don't support these radical orgs. Voice your opposition!
It is a shame that these radical environmental orgs are hurting the environment more than helping as people with a general concern for the environment are being turned off by the acftions of these orgs.
Here comes more delays
This same group has delayed this project long enough, the bridge replacement is needed now,this group will not be happy unless all access is restricted to the area except for those piping plovers.
I'm considering making a whack a plover attraction to carry around to Dare county events to help raise money to fight this group.
By the time it's all said
By the time it's all said and done we will be using flying cars and all this money will be wasted on the "plans" to build the bridge.
Bonner Bridge
The tree huggers are not satisfied with what they have done to Hatteras Beaches,They are now trying to cut-off the main travel route. People no longer have rights because of these people who have nothing better to do than deprive people of their rights.........shameful