There is a beach closure at the Buxton Beach Access in Cape Hatteras National Seashore due to a public health advisory issued after a petroleum odor and sheen were detected in the ocean. The source of the contamination is petroleum-contaminated soils near a former military site. The closure has been in effect since September 1, 2023, and ongoing testing has revealed the presence of various contaminants. However, no measures have been taken yet to clean up this stretch of oceanfront. The Coastal Federation is now working alongside the Southern Environmental Law Center (SELC) to get the U.S. Army Corps of Engineers to take action and clean up the contaminated waters.
PUBLIC MEETING MAY 14TH, 2024 AT 6 PM
The U.S. Army Corps of Engineers, Savannah District, in coordination with the Dare County Board of Commissioners, would like to invite the Buxton community to a public meeting Tuesday, May 14, 2024, at 6 p.m. in the Fessenden Center, located at 46830 N.C. Highway 12 in Buxton, North Carolina. Col. Ron Sturgeon, U.S. Army Corps of Engineers, Savannah District commander, welcomes the opportunity for him and his team to meet with the community to discuss the process, the limitations, and the way forward for the Formerly Used Defense Site (FUDS) at the former Naval Facility on Buxton Beach. The U.S. Army Corps of Engineers understands the frustration and confusion associated with this project and hopes to reassure the Buxton community that protecting human health and the environment is important to Col. Sturgeon, his team, and the U.S. Army Corps of Engineers. Col. Sturgeon will open the meeting and talk about the FUDS Program, as well as the property at Buxton, updating attendees on the way forward and the contract recently awarded to remove a pipe and sample the soil around the pipe. At the end of the briefings, attendees are welcome to ask questions. Out of respect for the community’s personal time, the meeting is set to end at 8 p.m.
Background
Petroleum, naphthalene, methylnaphthalene, and other petroleum byproducts and chemicals are currently polluting a public beach on Hatteras Island in the Village of Buxton. This contamination is the result of Naval activity between 1956 and 1982, in which the U.S. Army Corps of Engineers (USACE) is responsible for remediation.
Coastal storms, erosion, and continual tidal flooding have unearthed massive concrete building foundations and other jagged structures abandoned by the Navy and the Army Corps in the 1980s. These ruins are now obstructing the beach and causing physical hazards, particularly at high tide where swimmers and surfers could crash into them. Septic system components and an extraordinary number of wires are protruding from the dunes. The Corps should have removed all these hazards in the mid-1980s but since they remain it has rendered this area of the National Seashore unsafe and unusable for people and wildlife alike.
The Army Corps is required to remove these dangerous items under its federal legal obligations under the Formerly Used Defense Sites Program, as well as commitments made in writing to the North Carolina Department of Environmental Quality, the National Park Service, and the public at large. (Documentation included below)
On April 5, 2024, the Federation and the Southern Environmental Law Center submitted a demand letter to the USACE insisting they meet their legal obligation of removal of petroleum pollution, building fragments, septic systems, and all other hazards left behind by the Navy at its formerly used defense site (FUDS) in Cape Hatteras National Seashore near the village of Buxton.
This letter was the result of multiple on-site visits, public meetings, and information gathering since the site originally tested positive for petroleum contamination in September 2023.
What Can You Do?
If you notice any plumes, sheens, or fish kills in this area, avoid coming into contact with these waters and report these conditions by calling the EPA/National Response Center at 800.424.8802
The Buxton Civic Association (BCA) recently launched a Change.org petition to encourage the public to demand an immediate solution for the environmental and public safety hazards at Buxton Beach.
If you live in or near the impacted area and have a private drinking well, it is recommended that you have the well water sampled to ensure it does not contain contaminants. If the well is a drinking water well, contact the Dare County Department of Health and Human Services at 252.475.5088 to schedule sampling.
Key Resources
- NC Coastal Federation and SELC’s Demand Letter to USACE (April 5, 2024)
- Stay up-to-date on National Park Service site status and closures, here
- Review the complete history of the military use of this site: here
- National Park Service: Buxton Beach Access photo album
- Dare County Resolution requesting immediate action(s) be taken to address the dangers posed to public health (March 3, 2024)
- Public Health Advisory (March 25, 2024): Issued by the Dare County Department of Health & Human Services (DHHS) in conjunction with North Carolina DHHS, Division of Public Health and Cape Hatteras National Seashore
Additional Documents
- Use Agreement between Navy and Coast Guard, June 29, 1982
- Special Use Permit between NPS and Navy, February 9, 1956
- Reaffirmation Memorandum (5-year extension) between NPS and Coast Guard, August 1994
- Memorandum of Understanding between NPS and Coast Guard, March 1984
- General Agreement between NPS and Coast Guard, October 2001
- General Agreement between NPS and Coast Guard, October 2012
- General Agreement between NPS and Coast Guard, August 2006
- USACE Statement of work for demo and removal of buildings, utilities, etc.
- USACE letter to NPS stating demo work and restoration completed, February 1986
- USACE EA and FONSI for Defense Environmental Restoration Program, July 1985
Questions? Contact coastal advocate Alyson Flynn at alysonf@nccoast.org. You can also reach them at 252-393-8185.