North Carolina Department of Environmental Quality demands action on Buxton Beach issues

On April 17, 2024, the North Carolina Department of Environmental Quality (NCDEQ) sent letters to the U.S. Coast Guard, the Navy, and the U.S. Army Corps of Engineers (Corps) demanding immediate action to remediate the environmental and public safety issues that have plagued a 500-yard section of Buxton Beach since September 2023.

The NCDEQ is a partner and supplemental agency in clean-up plans, as noted in an October 23 press release issued by the Corps, which states “the Savannah District’s Formerly Used Defense Site Program team continues to coordinate its efforts with the North Carolina Department of Environmental Quality as investigative efforts progress toward determining any necessary corrective actions.”

However, the April 17 letters from the NCDEQ are a new development, as they state that the primary agencies responsible for remediation efforts have to take action.

“The North Carolina Department of Environmental Quality (NCDEQ) has information indicating that the [Buxton Naval Facility] is contaminated with petroleum substances. Numerous reports from beach visitors and National Park Service personnel indicate that oil sheens and petroleum odors are present at the site. Residents of Dare County have also expressed concerns with the site including the Dare County Commissioners who recently passed a resolution requesting immediate action at the site,” reads the NCDEQ letter to the Corps, signed by Sushma Masemore, Assistant Secretary for NCDEQ.

“NCDEQ staff observed oil sheens and smelled strong petroleum odors around the former [Terminal] Building 19 during a recent coastal flooding/erosion event. Records indicate that the Navy and Coast Guard occupied the facility and owned and operated numerous petroleum product storage tanks at the site and some of these tanks had releases. The US Army Corps of Engineers (USACE) assumed responsibility to investigate and remediate the releases related to the Navy’s operation at the site. 

North Carolina law requires you assess and clean up this contamination. 15A NCAC 2L-, – Groundwater Classifications and Standards- requires corrective action be taken…”

There are few deviations between the letters, and one was sent to the Navy and the Corps, while a second was sent to the U.S. Coast Guard. Both the Navy and the U.S. Coast Guard occupied the roughly 50-acre site at Buxton Beach, but are responsible for different aspects of the clean-up efforts required.

The persistent petroleum smells and petroleum-contaminated soils (PCS), along with the abandoned and exposed infrastructure from the former 1956-1982 Navy base, fall under the U.S. Army Corps of Engineers’ Formerly Used Defense Site (FUDS) program. But a corresponding and separate issue of pesticides and PCBs, (which are manmade organic chemicals consisting of carbon, hydrogen, and chlorine atoms), is likely linked to the U.S. Coast Guard, as these problems were present at the site when the Coast Guard left the facilities around 2010.

While the U.S. Coast Guard is conducting a CERCLA investigation through the summer of 2024, the Corps stated in a March 27 press release that no immediate remediation plans were in place after months of studying the Buxton shoreline, although investigations would continue.

In both April 17 letters, the NCDEQ required a response acknowledging compliance with clean-up efforts within 10 days.

“Within 10 days of your receipt of this [Notification of Regulatory Requirement for Contaminant Assessment and Cleanup], please notify the Department whether you intend to comply with the required corrective action detailed herein and provide the Department with a work plan containing a proposed schedule for the completion of the required corrective action detailed herein,” stated the April 17 letter to the U.S. Coast Guard.

“Failure to take the initial abatement and assessment steps required in 15A NCAC 2L may result in the initiation of enforcement action as authorized by law, including the initiation of an action for injunctive relief to compel compliance with 15A NCAC 2L.”

• The letter from the NCDEQ to the U.S. Army Corps of Engineers and the U.S. Navy can be viewed here.
• The letter from the NCDEQ to the U.S. Coast Guard can be viewed here.

“DEQ’s primary focus is the clean-up of the contamination at the Buxton site,” stated Sharon Martin, NCDEQ Deputy Secretary for Public Affairs, noting that potential enforcement actions were still premature. “We will continue to work with the federal agencies to reach a resolution.”