SELC joins Buxton Civic Association to push for action at Buxton Beach

The Buxton Civic Association has joined forces with the Southern Environmental Law Center (SELC) to push for the immediate remediation of a 500-yard section of Buxton shoreline.

The Buxton Civic Association (BCA) was formed in early April to create a united community voice for the growing public safety and environmental issues that have stemmed from a former military base at the end of Old Lighthouse Road.

The 50-acre site that borders the Cape Hatteras Lighthouse was the home of a Navy base from 1956 until 1982 and a U.S. Coast Guard base from 1984 until 2010. Both military branches used the site under a Special Use Permit issued by the National Seashore which stated that the area would be returned to its natural condition once the facilities were decommissioned

In 1998, the U.S. Army Corps of Engineers (Corps) approved the Buxton Beach area as a Formerly Used Defense (FUDS) site, which allowed the Corps to address environmental liabilities that resulted from Department of Defense activities.

As a result, the Corps spent years removing abandoned structures, roads, utilities, and 4,006 tons of petroleum-contaminated soils (PCS) in the early 2000s. Meanwhile, the Coast Guard removed additional structures linked to their activities at the site, as well as some of the wastewater facilities in the 2010s.

But in September 2023, after two offshore hurricanes accelerated erosion in the area, foundations of buildings that the Corps had tried to remove – most notably the Navy’s former Terminal Building – resurfaced on the beach, along with sporadic but persistent petroleum smells and occasional fuel sheens. Since then, there have been investigations by the Coast Guard and the Corps of Engineers, but no concrete plans to address the problems.

When the BCA hosted its first public meeting on April 10, Board Members stated that they were taking a multi-pronged approach to facilitate action.

This recent partnership with SELC is one of many corresponding initiatives, which includes setting up a Restoration Advisory Board (RAB), reaching out to legislators for help, and even raising funds for community-initiated clean-ups as a potential last resort.

“Many have asked about the possibilities of litigation and a lawsuit claim,” stated the BCA in a social media update on April 16. “After speaking to the [SELC], we are pleased to announce that [they] are now offering their services and will be working with the Buxton Civic Association, Dare County, and the [National Park Service] to resolve the issues.”

“We are all hoping and expecting the [Army Corps of Engineers] to step up and own their mistakes. At the same time, we are ready to take this to the next level.”

“Next week we will meet formally with the SELC, and can’t thank [them] enough for joining the fight!”

On April 5, the SELC sent a letter to the Corps of Engineers, (co-signed by the North Carolina Coastal Federation), referring to a collection of historical documents that chronicle the agreements with the National Park Service to essentially borrow the site, and to clean up the leftover facilities and associated debris, including any spilled or buried petroleum.

“These documents could not be any clearer – the Corps is responsible for removing the buildings down to their foundations along with all the appurtenant structures,” stated the April 4 letter from the SELC.

“The Corps also acknowledged its responsibility for doing so on multiple occasions, and then claimed to have done so. Today, however, the ocean has eroded the sand and exposed the foundations, utilities, and other structures that were not in fact removed; massive concrete shards, exposed wires, metal bars, and pipes, both on the beach and underwater, are creating dangers for all who visit the area. The Corps must immediately finish the demolition and removal work that it committed to do, and then claimed to have done, decades ago, to restore the beaches of Cape Hatteras National Seashore for safe use by the people who live, work, and vacation there.

“Regarding petroleum and other chemicals that persist in the area long after the Navy spilled or otherwise left them there, the Corps must also complete the remediation job that it was required to do. Again, the 1956 special use permit and the 1985 environmental assessment described above clearly created and acknowledged an obligation to clean up hazardous and toxic substances and restore the site before returning it to the National Park Service.

“…For these reasons, the Corps cannot continue to delay. It must take action immediately, before persistent coastal storms continue to exacerbate the situation and before the tourist season reaches its peak and thousands of people are harmed.”

“They have a lot of pull, and they have been watching this for a while now, and were ready to get involved,” said BCA Board Member Brian Harris. “It’s a big step forward.”

 For more information, and how to get involved

• The Buxton Civic Association meets every Tuesday at 6:30 p.m. at the Buxton Fire Station. The public is welcome and encouraged to attend.
• The Civic Association is in need of a website and social media consultant who can help build the organization’s online presence. To assist, contact Brian Harris at 252-489-9669 or via Facebook at https://www.facebook.com/buxtonnccivicassociation.
• The public can also join the ongoing email and letter-writing campaign, which was launched in mid-March by Buxton community members.
• Visitors who encounter a fuel smell or fuel sheens while visiting the Buxton shoreline near Old Lighthouse Road should call the National Response Center at 1-800-424-8802 to report the encounter. Include the date, time, location, and basic details of what was seen or smelled, and do not call if you have not experienced the issue first-hand, or have not been physically affected.
• For more information on the background of the current Buxton Beach issues, click here. The Cape Hatteras National Seashore has also launched a new webpage that outlines the history of the site, and the current issues.
• Remember that while the environmental issues at Buxton Beach are considered to be a growing emergency, just three-tenths of a mile of the shoreline is closed, out of 75 miles of National Seashore. In short, the public can still visit and enjoy Buxton, and Hatteras Island in general.