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Beach Access

Comments for ORV Rule Changes End 3/18

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Subject:  Comments on NPS Environmental
Assessment (EA) for Consideration of Modifications to the Final ORV Rule

 

 

 

To All CHAC Members

 

We  only have until
this coming Friday, March 18, to make our comments to the National Park Service
regarding the modifications to the ORV rule currently in effect at Cape
Hatteras National Seashore.

 

Cape Hatteras Access Preservation Alliance (CHAPA) and Outer
Banks Preservation Association (OBPA) have prepared comments upon which you can
base your comments.  For a full explanation of CHAPA’s comments go to http://obpa.org/ to read the letter that CHAPA sent
to the Park Service on March 8 and for a discussion of the issues
involved.  A table summarizing the NPS Alternatives and CHAPA’s proposals
follows this letter.

 

It’s important that you personalize your comments letter to
the NPS so that it doesn’t read like a form letter.  Larry Hardham, CHAC
president, urges you to submit your comments stating specifically what changes
you want to see, why you want them and why you think the changes are
appropriate.

 

Click here to open of download CHAPA’s
Comments on EA.

Click here to open or download the
entire EA in pdf format.

Click here to submit
comments electronically. 
(Select the “Open for Comment” link to view and comment on the EA.)

 

or,

Comments can also be mailed to:

Superintendent,
Cape Hatteras National Seashore

1401 National
Park Drive, Manteo, NC 27954. 

 

 

  Again, your comments must be entered on-line or
postmarked sent no later than March 18.

 

 

 

Cape Hatteras Anglers Club

 

 

 

National Park Service has released its plan to modify wildlife buffers

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The National Park Service has approved a plan to modify
wildlife protection buffers at Cape Hatteras National Seashore as authorized by
Congress at the end of 2015.  The plan was released to the public yesterday,
Tuesday, June 16.

 

Click here for selected portions of the 82-page plan.  The full document
can be accessed at http://parkplanning.nps.gov/document.cfm?parkID=358&projectID=56762&documentID=66763

Later this summer, the Seashore will begin a public process
to consider modifications to the final rule on off-road vehicle
management.

 

Neither CHAC nor NCBBA,
OBPA or CHAPA fully support the published plan and will comment at a later time.
We suggest that you read and familiarize yourselves with the rules that will be
implemented.

 

 

ORV Plan & Changes to come

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How does the saying
go?  It only takes an act of Congress, well that’s exactly what we
managed to get thanks to CHAPA, OBPA, our members and everyone who
raised their voices.  Shortly thereafter CHAPA sent a letter with
recommendations regarding the new law–click here to view CHAPA’s recommendation.

 

Also, the NPS
released a plan to satisfy the new law’s requirements.  Click on the
following links to view the NPS plan and CHAPA’s comments on the NPS
plan.

NPS Plan

CHAPA comment on NPS Plan

H.R. 4094 Hearing

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The following links are available at the OBPA website

 ·        Hearing Video
 ·        John’s Written Testimony
 ·        Warren’s Written Testimony
 ·        Comparison of Interim Plan, Consent Decree, Rule
  ·        Graph/ line map of 4.25.2012 closures

Nesting Shorebirds–A Cost Benefit Analysis

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A document titled "Nesting Shorebirds–A Cost/Benefit Analysis" has been posted on the Island Free Press (www.islandfreepress.org).  This document was written by one of our members (Virginia Luizer ) as a possible submission to the OBPA newsletter.  It was also submitted as a comment for the DEIS.  More recently, Mrs. Luizer sent this document to Representative Walter Jones along with as proof " that the NPS approach to balancing recreation with resource protection has been a abject failure and has cost the local community dearly."  Furthermore, Mrs. Luizer asked that Mr. Jones circulate the document and use it to garner the support you need to get H.R. 4094, Restore Access to the Cape Hatteras National Seashore Recreational Area.

 

In this regard, Mrs. Luizer has given us this document to post (Nesting Shorebirds–A Cost Benefit Analysis)  for anyone who wishes to use it.  Feel free to save it, attach it to letters, or just use parts of it to make points in letters you choose to write.

 

We need to counter the misrepresentations made by SELC, et al, the park service, and the DOI as they will appear before subcommittees claiming that the Consent Decree has been a resounding success.

 

Ask Your Congressmand to Co-sponsor H.R. 4094

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As you know, Congressman Walter B. Jones has introduced House Bill 4094 titled “Preserving Access to Cape Hatteras National Seashore Recreational Area Act”.  This Bill will give us some relief here at Cape Hatteras National Seashore Recreational Area (CHNSRA).  The Bill has a far better chance of success if it has multiple co-sponsors.  With this in mind, we request that you hand-write a letter pleading your Congressman to become a co-sponsor of House Bill 4094.  Obviously, if you live in Walter B. Jones’ congressional district, you do not need to send him a letter requesting he co-sponsor House Bill 4094.  Congressman Wittman of Virginia and Congresswoman Elmers of North Carolina are already Co-sponsors so they do not need letters.  If you live in North Carolina or Virginia you can find your Congressman’s address on the attached listings or by going to www.house.gov , or calling 1-202-224-3121.  Co-sponsors are needed from every state, so please write to your Congressman as soon as possible.
    
Click here for letters to mail to each Congressman/Congresswoman on the two subcommittees where House Bill 4094 is currently under consideration. 

There are 33 letters.  You can get a SMALL FLAT RATE BOX from your post office and mail all of the letters, in individual envelopes, in the flat rate box and mail to Congressman Jones for $5.35 and his office members will see to it that the envelopes are distributed.  You should use a small mailing envelope–fold the letter in half, then in thirds to fit into the envelope.  We tried it and it works good.  This is much better and we will be sure they will get to the right people.
Thank you for all of your help.  Hopefully, together, we will make a difference.

Also enclosed is information for a letter to be written, by you, to your Congressman/ Congresswoman requesting his/her becoming a Co-sponsor of House Bill 4094.

Congressman Walter Jones Introduces House Bill #H.R.4094

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Shown below is the press release of North Carolina Third District Congressman Walter B. Jones announcing the introduction of his Bill to change the management of ORVs, birds and sea turtles at the Cape Hatteras National Recreational Area back to the Interim Strategy.  This Bill would eliminate the Final ORV Rule which started February 15 of this year as well as the Consent Decree.  It is imperative that this Bill is successful and to be successful everyone needs to contact their Congressman in Washington DC to express their support of H.R.4094.  Thank you in advance for communicating to your Congressman.  Larry Hardham, President
JONES INTRODUCES BILL TO RESTORE ACCESS TO CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA WASHINGTON, D.C. – Today Congressman Walter B. Jones (R-NC) introduced H.R. 4094, legislation that would restore reasonable pedestrian and motorized access to the Cape Hatteras National Seashore Recreational Area.  The bill would overturn a final rule implemented by the National Park Service (NPS) two weeks ago, as well as the 2008 U.S. District court approved Consent Decree.  Both the Rule and the Consent Decree excessively restrict human access to the Recreational Area.  The bill would reinstitute the Park Service’s 2007 Interim Management Strategy (IMS) to govern visitor access and species protection in the Recreational Area.  The Interim Strategy was backed up by a 113-page Biological Opinion issued by the U.S. Fish and Wildlife Service which found that it would not jeopardize the species of concern, namely piping plover and sea turtles.  H.R. 4094 has been referred to the House Natural Resources Committee for further consideration.  “The federal government needs to remember that Cape Hatteras was established to be a recreational area for the American people,” said Congressman Jones.  “But taxpayers can’t recreate without access to the beach.  The goal of management ought to be a balanced approach between visitor access and species protection.  The Final Rule falls short of that goal.  The Interim Strategy comes much closer to hitting the target.”    Catherine M. FodorCommunications DirectorRep. Walter B. Jones (NC-3)2333 Rayburn House Office BuildingWashington, DC 20515(202) 225-3415http://www.jones.house.gov

OBPA Files Suit and Requests Injunction

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Cape Hatteras Access Preservation Alliance (CHAPA) filed a lawsuit Thursday, February 9, seeking an Injunction stopping the implementation of the ORV Rule at Cape Hatteras National Seashore Recreational Area.  The Cape Hatteras Anglers Club (CHAC), as a charter member of CHAPA, supports this action 110%.  The complete 43-page filing can be found at this web site: http://www.obpa-nc.org/Rule/CHAPA-complaint.pdfIncluded below is the CHAPA press release.  Local Community Group Challenges New National Park Service Off-Road Vehicle Restrictions at Cape Hatteras Proper review of alternatives and socioeconomic impacts required, says group’s filing. Buxton, NC (February 9, 2012) – The Cape Hatteras Access Preservation Alliance (CHAPA) today filed suit challenging the National Park Service’s (NPS) issuance of a new management plan and special rule regulating off-road vehicle (ORV) use at Cape Hatteras National Seashore Recreational Area.  The lawsuit seeks to prohibit NPS from imposing severe new restrictions on ORV use within the Recreational Area in accordance with the agency’s recently released Cape Hatteras ORV Management Plan/Final Environmental Impact Statement and Special Regulations governing ORV management at the Recreational Area. Since before the establishment of the Recreational Area, ORV access to and over the beaches of North Carolina’s Outer Banks has been fundamental to the use and enjoyment of the area by residents, visitors, and local businesses.  “The Park Service’s new ORV management plan and rules, if implemented, will have a devastating effect on our unique, local shore-oriented culture and economy,” said John Couch, President of the Outer Banks Preservation Association (OBPA).  “The OBPA and CHAPA have fought to keep the Cape Hatteras National Seashore Recreational Area beaches free and open to residents and visitors since 1977.  OBPA and CHAPA continuously have maintained that reasonable ORV access and bird and turtle species protection are not mutually exclusive.  Unfortunately, the Park Service overlooked reasonable recommendations and information that OBPA and CHAPA put forth during the planning process that would have resulted in an ORV management plan and rules that both protect wildlife resources and ensure reasonable ORV access to and over the area’s beaches.”Throughout the ORV planning and rulemaking process, CHAPA’s goal has been to work with NPS to develop a comprehensive ORV use and management plan that will meet the concerns of protecting the Recreational Area’s resources without compromising the distinctive lifestyle and economic health of the islands that make up the Outer Banks.  CHAPA has advocated the protection and preservation of Seashore beaches within a framework of responsible and meaningful access to the ocean beaches and sound for all users, including pedestrians and properly licensed drivers and their vehicles. According to the complaint filed by CHAPA in the United States District Court for the District of Columbia, the imposition of new, severe restrictions was “foreordained from the time that NPS began its planning process.”  As set forth in the complaint, the Park Service’s planning and environmental review process under the National Environmental Policy Act was plagued by a series of failures.  These include, among others: a failure to give meaningful consideration to views, data, or information that were contrary to NPS’s desire to impose more severe restrictions on ORV access and use; a failure to look at reasonable alternatives, including smaller and more flexible buffer and closure areas; and a failure to properly assess impacts on the local economy.  The complaint asks the court to determine that NPS acted improperly and to prevent NPS from implementing its final ORV management plan and rules.###The Cape Hatteras Access Preservation Alliance (CHAPA) is a project of the Outer Banks Preservation Association (OBPA), which is dedicated to preserving and protecting a lifestyle historically prevalent on the Outer Banks of North Carolina, and specifically at the Cape Hatteras National Seashore Recreational Area (CHNSRA).  With over 10,000 active members (representing over 38 states and Canada), OBPA and CHAPA work to protect and preserve local beaches within a framework of free and open beach access for all users, including properly licensed drivers and vehicles.    Contacts:John Couch President OBPApresident@obpa-nc.org Jim Keene Director, North Carolina Beach Buggy Associationcontactus@ncbba.org David Scarborough Treasurer OBPA

treasurer@obpa-nc.org

 TONIGHT ON TVPlease watch on WAVY Channel 10 today, Friday February 10, 2012 at both 5:00pm and 6:00pm.  Art Kohn did interviews with our Islanders about the Park Service’s ORV Plan and final rule.

 

Here is a letter prepared by David Joyner, President of North Carolina Beach Buggy Association (NCBBA).  The Board of Directors of the Cape Hatteras Anglers Club (CHAC) endorses the position taken by NCBBA regarding the NPS ORV Final Rule as expressed in this letter.  This letter has been reproduced by CHAC with permission of NCBBA.A Message to the MembershipIn March, 2010 I addressed the membership regarding NCBBA’s & CHAPA’s lack of open communication regarding the FEIS (Final Environmental Impact Study). I find myself in the same situation now that the National Park Service released the ORV Final Rule on January 20th. The fight for reasonable vehicular beach access has entered a dark new chapter now that the final rule is out and the outrageously priced hard to obtain permit structure has also been made public. NCBBA faces many challenges in dealing with this plan. Very little changes were made from the FEIS to the Final Rule. The public comments were virtually ignored. The Final Rule is 82 pages long, 59 of which explain why your comments were ignored. How the National Park Service sees the future of vehicular beach access is far different than how the NCBBA Board of Directors (BOD) and membership sees it. The membership has questioned NCBBA’s silence over the last 3 weeks and rightfully so. The Final Rule has now been released and I as NCBBA President have yet to make an official statement. The BOD understands that you want to know what the future holds. I want to assure you that much is being done in trying to determine the best avenue that will give us the best chance for success with the funds we have available. The decisions currently facing this board are difficult and require a great deal of research and contemplation. We are at a delicate final stage in this struggle and there is no room for error. On the surface, it may look like NCBBA isn’t busy and has given up, but that couldn’t be further from the truth. We (Past President Jim Keene & I) are working all avenues looking for the correct course of action. We are currently engaged in sensitive discussions with our legal team. We need to make correct decisions, not quick ones. This is not TV where legal proceedings take place overnight. Unfortunately, we are unable to wage this war in public. It would be a poor strategy to let our opponents know what we are doing before we do it. We will not expose sensitive, current actions. We are being frugal with your donations and membership fees by doing most of the legwork ourselves with Jim Keene and a small group of dedicated CHAPA volunteers.  Legal fees are expensive, usually around $550 an hour.  With the NCBBA annual memberships running $25 and renewals $20 per year, the bank account can be drained quickly if we aren’t careful. Several of you have been generous with donations and we hope this will continue.  Your BOD will spend every dollar NCBBA has to fight this travesty, but we will not spend it foolishly. As your President, I ask for your trust and support.  Now more than ever all access minded individuals need to stand together. This is not the time for finger pointing, second guessing or throwing in the towel. (This is why I made the decision to run again for President.) We are all working hard for access. When the time is right, our course of action will be made public.  The NCBBA BOD and CHAPA volunteers are working very hard to protect what we believe is rightfully ours.Sincerely,  David K. Joyner, NCBBA President

Public Scoping Period Opens for the Proposed Infrastructure Improvements at Cape Hatteras National S

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      National Park Service News Release          FOR IMMEDIATE RELEASE:  DATE:   March 1, 2012          CONTACT: Public Affairs Specialist, 252-473-2111, ext. 148           Public Scoping Period Opens for the Proposed Infrastructure Improvements at Cape Hatteras National Seashore Superintendent Mike Murray announced today the National Park Service (NPS) is seeking public comment on proposed infrastructure improvement projects identified in the final Off-Road Vehicle (ORV) Management Plan that would facilitate visitor access to key recreational areas while providing resource protection to wildlife and plants within Cape Hatteras National Seashore (Seashore.)  The NPS is preparing an Environmental Assessment for the proposed construction of parking lots, pedestrian access points and accessible boardwalks, and unpaved interdunal roads and beach access ramps for ORVs at various locations in the Seashore.  At this time, NPS is announcing a 30-day public scoping period to solicit comments on social, cultural, and natural resource issues and concerns associated with the development of various sites prior to the Seashore completing its analysis of the proposal.  The public scoping period opens March 1, 2012 and closes March 31, 2012.  The 30-day public scoping period is part of the process to prepare an Environmental Assessment pursuant to the National Environmental Policy Act of 1969.   Written comments may be submitted through the NPS Planning, Environment, and Public Comment (PEPC) website at:  http://parkplanning.nps.gov/caha.  Select the “Proposal to Construct New Development that Facilitates Public Access” link to view the scoping documents.  Comments can also be mailed to: Superintendent, Cape Hatteras National Seashore, 1401 National Park Drive, Manteo, NC  27954.  To ensure your comments are included in this process, they must be entered into PEPC or postmarked by March 31, 2012.  Comments will not be accepted by fax, email, or in any other way than those specified above.  Bulk comments in hard copy or electronic formats submitted on behalf of others will not be accepted.   For more information, see attached newsletter or contact Randy Swilling, NPS Natural Resource Manager, at (252) 473-2111 x 135.  -NPS-