Midgett Realty - More than a Realty... It's a Family Tradition

May 2008

As vacationers and guests to Cape Hatteras, we recently sent you a notice regarding the hearing that was scheduled for Federal District Court in Raleigh concerning an injunction to ban beach driving on Cape Hatteras National Seashore Recreational Area.  We sent this information to you, because as vacationers to Cape Hatteras, we felt you may have an interest in the potential outcome.

On Wednesday April 30, 2008, the Federal District Court Judge signed a Consent Decree filed by the Southern Environmental Law Center, (representing the Defenders of Wildlife and the Audubon Society), and the National Park Service which essentially settled this case out of court. As Intervenor-Defendants, Dare and Hyde Counties were included in the process of defining the Consent Decree. 

The Consent Decree allows for continued beach driving, however, the National Park Service is required to implement many more restrictions. Some of the new restrictions include the prohibition of nighttime beach driving from 10PM until 6AM, from May 1-November 15 (night driving September 16-November 15 may be permissible with a permit), and a longer duration of pre-nesting closures and larger buffer zones around wildlife nesting areas. The new restrictions are effective May 1, 2008.

The NPS is required to submit the long-term ORV management plan by Dec. 31, 2010, and publish a final rule by April 1, 2011.

To read further details of the Consent Decree, and to view the National Park Service ORV maps and current closure areas, please feel free to refer to the Island Free Press at http://www.islandfreepress.org.

Thank-you for your interest in this important issue.

April 20, 2008

Midgett Realty fully supports responsible beach driving access in traditionally allowed areas on Hatteras Island and Ocracoke Island.

It is our understanding that today, 2/20/08, environmental groups have asked a Federal court judge for a temporary injunction to stop beach driving on the most popular beaches on Hatteras and Ocracoke Island until a lawsuit challenging the National Park Service and the legality of traditional beach driving on Cape Hatteras National Seashore is settled.

Cape Hatteras National Seashore was established in the early 1950's as America's first National Seashore in order to preserve a natural beach area for future generations so that all people, rich or poor, would have access to a seaside recreational area. It is important to note that the Seashore was established as Cape Hatteras National Seashore Recreational Area, not as a wildlife refuge. This distinction was in recognition of the intent of Congress that the area would be multi-use, allowing such activities as camping, surf fishing, boating, kiteboarding, surfing, beachcombing, etc.

The Midgett family has lived on Hatteras Island for more than three centuries, and our tradition of commitment to the Island and serving others has deep roots. We are committed to protecting the resources of the Recreational Area and recognize the need for reasonable conservation. Today, over 85% of our Island is preserved against development and our family is civically active in helping to make sure that future development reflects our unique coastal village heritage with single-family homes being a preferred method of building. Our native Islanders have been stewards of the land for generations and our clean, open beach areas attest to our success in our endeavors.

Midgett Realty supports strict enforcement of responsible beach driving and protecting the bird nesting and turtle nesting areas. We concur with closures and temporary usage restrictions based on storm and wave erosion. We approve of seasonal closings of beaches in front of highly populated areas and we participate actively in the ongoing efforts to keep our island beaches clean and safe.

Reasonableness is the key….with today’s filing, the special interest’s requested action would result in an overburdensome, devastating social and economic impact on North Carolina, especially in Dare, Hyde and surrounding counties. Currently, the NPS, local homeowner’s, local business owners, and those same special interest groups now asking for the injunction are/have been working on a compromise, through a legally prescribed Negotiated Rule Making process, to achieve a judicious and responsible resolution to concerns. The injunction is a blatant breach of the efforts of that group. Those who filed, had agreed, to "curtail using other means to influence the proposed regulations during the negotiated rulemaking process."

We condemn their actions to ban beach driving and fully support the efforts of the NPS, OBPA and local and state officials who are working to defend our traditional use which has always been reflective of a balance between traditional land use and protection of the US Park land and resources.

Senator Richard Burr

Washington, DC
217 Russell Senate Office Building
Washington, DC 20510
Phone: (202) 224-3154
Fax: (202) 228-2981

Winston-Salem
2000 West First Street
Suite 508
Winston-Salem, NC 27104
Phone: (800) 685-8916
Phone: (336) 631-5125
Fax: (336) 725-4493

Senator Elizabeth Dole

Washington, DC
555 Dirksen Office Building
Washington, DC 20510
Phone: (202) 224-6342
Fax: (202) 224-1100

Raleigh Office
310 New Bern Avenue
Suite 122
Raleigh, NC 27601
Ph: (919) 856-4630
Toll Free: 866-420-6083
Fax: (919) 856-4053

Eastern North Carolina Office
306 South Evans Street
Greenville, NC 27835
Ph: (252) 329-1093
Fax: (252) 329-1097

Congressman Walter B. Jones

Washington, DC
2333 Rayburn House Office Building
Washington DC 20515
Phone: 202-225-3415
Fax: 202-225-3286

Greenville, NC
1105-C Corporate Drive
Greenville, NC 27858-4211
Phone: 252-931-1003 or toll-free (in N.C. only) 800-351-1697
Fax: 252-931-1002

Internet:
Web: http://jones.house.gov/

In addition, please contact the elected Congressional officials in your home state:

http://www.visi.com/juan/congress/