Starting with the May, 2011, Saltwater Connections Resource Team visit to Rodanthe, Waves, Salvo and Avon, many community meetings and discussions have been held on Hatteras Island, Ocracoke, and Down East, Carteret County. Starting with the May, 2011, Saltwater Connections Resource Team visit to Rodanthe, Waves, Salvo and Avon, many community meetings and discussions have […]
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Ocracoke Real Estate: Weekly rental isn’t always best for the homeowner By B.J. OELSCHLEGEL
I have a list in my desk, at the real estate office, where I record every inquiry for long-term housing. Folks come in and I take their name and phone number and put a date next to the notation. Every once in a while, I get to match a landlord with a tenant. The other […]
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The U.S. government responded yesterday to a lawsuit filed in February by the Cape Hatteras Access Preservation Alliance that seeks to overturn the National Park Service’s new off-road management plan and final rule. The complaint, filed Feb. 9 in U.S. District Court for the District of Columbia, names as defendants Ken Salazar, Secretary of the Department of the Interior, Jonathan Jarvis, director of the National Park Service, and Mike Murray, superintendent of the Cape Hatteras National Seashore. The complaint asks the court to determine that the Park Service acted improperly and to prevent NPS from implementing its final plan and rule, which became effective Feb. 15. CHAPA is a project of the Outer Banks Preservation Association, a group dedicated to preserving and protecting the historical use of the beach on the Outer Banks and specifically the Cape Hatteras National Seashore. In its complaint, CHAPA takes issue with just about every step in the process of ORV rulemaking, “An ORV management plan and a final rule that imposes severe restriction on ORV use at CHNSRA were foreordained from the time that NPS began its planning process,” the complaint says. Attorneys for the federal government responded with an affirmative defense – that CHAPA failed to make claims upon which relief can be granted. “To the extent that a response is required, Federal Defendants deny that Plaintiff is entitled to the relief requested or any relief whatsoever.” An affirmative defense is defined as “a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts.” As one local attorney explained, the federal agencies are claiming that “there was no violation of the law, even if everything plaintiffs stated in the lawsuit is true.” The response asks the court to deny all relief sought by CHAPA in the complaint and to grant judgment to federal defendants. The 27-page response is filled with denials. It admits certain allegations — that the seashore was operating without a plan as required by several Presidential orders, that NPS began the process of developing a plan in 2005, that in March, 2010, the park published a draft plan and environmental impact statement – but denies just about everything else but the facts. The response’s affirmative defense says that even if the Park Service didn’t do it right, that CHAPA is not entitled to relief since NPS followed the rules and regulations. CHAPA spokesman David Scarborough said that “Our attorneys were not surprised” by the response. The case has been assigned to U.S. District Court Judge Emmet G. Sullivan. He issued an order today that counsel for all parties confer no later than May 24 and submit their report addressing all required topics no later than May 31. Sullivan directed counsel to include in their report a brief statement of the case and the statutory basis for all causes of action and defenses. The judge last month permitted Defenders of Wildlife, the National Audubon Society, and the National Parks Conservations Association, represented by the Southern Environmental Law Center, to join the case as defendant-intervenors on the side of the federal agencies. FOR MORE INFORMATION Click here to read the U.S. government response to the CHAPA lawsuit. Click here to read the judge’s order for counsel to meet and confer.
UPDATE: Federal government responds to CHAPA lawsuit By IRENE NOLAN By IRENE NOLAN By IRENE NOLAN The U.S. government responded yesterday to a lawsuit filed in February by the Cape Hatteras Access Preservation Alliance that seeks to overturn the National Park Service’s new off-road management plan and final rule. The complaint, filed Feb. 9 in […]
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Rain didn’t dampen first Earth Fair OBX at Jennette’s Pier BY DARYL LAW Jennette’s Pier
BY DARYL LAW Jennette’s Pier BY DARYL LAW Jennette’s Pier At least 300 folks showed up to enjoy the inaugural Earth Fair OBX on Earth Day, Sunday, April 22, despite the rainy weather that afternoon at Jennette’s Pier in Nags Head. At least 300 folks showed up to enjoy the inaugural Earth Fair OBX on […]
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NOAA seeks input on Monitor National Marine Sanctuary draft management plan
The National Oceanic and Atmospheric Administration has released a comprehensive draft management plan and environmental assessment for the Monitor National Marine Sanctuary for public review and comment. The plan, based on several years of scientific assessment and public input, will serve as a roadmap for addressing issues facing the sanctuary over the next five years. […]
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Bodie Island Lighthouse restoration resumes
Bodie Island Lighthouse restoration resumes The second phase of the Bodie Island Lighthouse restoration project has begun, according to the National Park Service. The prime contractor, United Builders Group, LLC from New Bern, N.C., has installed the construction fence boundary, secured a protective “bubble wrap” of the Lantern Room, and laid logging mat materials to […]
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Jean Tennent Meyer
AVON — Jean Tennent Meyer, a resident ofAvon, formerly of Poughkeepsie and New Windsor, N.Y., passed away onApril 20th with her family by her side. She was in her 82nd year. Jeanwas born in Chappaqua, N.Y., on Aug 14, 1929 to the late Alice DringTennent and John Tennent and attended Roosevelt High School in HydePark, […]
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Beach (access) music
?Beach music? will take on a new meaning on Saturday, May 5, when some 40 Outer Banks musicians will be playing all afternoon and into the night to raise money to restore more reasonable public access to the beaches of the Cape Hatteras National Seashore. The First Annual Cape Hatteras Music Festival is being […]
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Cape Hatteras Lighthouse is open for climbing for 2012 season
The Cape Hatteras Lighthouse, located in Buxton on Hatteras Island, opened for climbing for the 2012 season on Friday, April 20, and will remain open through Columbus Day on Oct. 8. Climbing hours are 9 a.m. until 4:30 p.m. daily in the spring and fall, and 9 a.m. to 5:30 p.m. May 25 through Labor […]
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Cleaning up Hurricane Irene’s mess at Mirlo Beach …WITH SLIDE SHOW BY CATHERINE KOZAK
CLICK HERE TO VIEW SLIDE SHOW CLICK HERE TO VIEW SLIDE SHOW (IPad, IPhone and other non-flash compatible device users)