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Reprinted by permission of The News & Observer of Raleigh, North Carolina
April 4, 1999
The News & Observer
Judge upholds lighthouse move
By Jerry Allegood; Staff Writer
Page:
B7
ELIZABETH CITY -- A federal judge has refused to block the relocation of the Cape Hatteras Lighthouse away from the ocean, ruling that opponents failed to show that moving the lighthouse would threaten the historic structure and nearby property.
In an order filed late Friday in U.S. District Court in Raleigh, Judge Terrence Boyle of Elizabeth City denied a motion for a court order halting the $9.8 million relocation project until further environmental studies are done. Opponents, including Dare County officials and property owners on Hatteras Island, said in a lawsuit that the National Park Service had not followed requirements of federal law.
Boyle said the opponents had not provided evidence to back up their claims, making the issue a "straightforward decision."
The ruling clears the way for International Chimney Co. of Buffalo, N.Y., to continue work on moving the lighthouse and related buildings about 2,900 feet to the southwest to protect them from erosion. The lighthouse, built in 1870, now stands about 120 feet from the Atlantic Ocean.
"We're pleased that we continue to preserve this piece of America's heritage for future generations," said Bob Reynolds, superintendent of the Cape Hatteras National Seashore.
Several support facilities at the lighthouse, including two structures that once housed lighthouse keepers, have been moved to the new site since work began in December. In addition, workers have cut and removed more than 20 percent of the granite base under the lighthouse. The 200-foot-tall structure will eventually rest on a frame of steel beams. Then it will be lifted with more than 100 hydraulic jacks and moved horizontally over a steel track.
Opponents had attacked the engineering as unsafe, saying the brick structure could not stand the stress of moving. Further, they argued that park service plans to halt maintenance of erosion-control structures on the beach near the lighthouse would allow erosion to accelerate, threatening property and N.C. 12 on Hatteras Island.
Government attorneys argued that the park service had announced years ago that they would not continue to maintain the erosion-control structures.
They also said the park service had initially prepared an environmental assessment and had continued to evaluate the move.
Boyle's ruling came about three weeks after a hearing in Elizabeth City.
He rejected arguments that opponents would be irreparably harmed by relocation.
"The only real 'harm' they can articulate relates to a generic concern for the historical structures such as the lighthouse," the order said. "It is important to remember that the lighthouse, the other structures being moved and the land that will be directly impacted by the relocation are all the property of the United States and the National Park Service."
Boyle said the government would lose time and money if the work was halted and would have to spend more to move other structures back to their original locations. And he said the chances were slim that opponents would eventually win when the lawsuit is considered further.
In a footnote, the judge said that if the lighthouse is left in place, "the evidence shows it will almost surely be destroyed by the encroachment of the Atlantic Ocean in the future.
Section:
News
Edition:
Final
Estimated Printed Pages:
2
Index Terms:
Cape Hatteras Lighthouse
NC
coast
Copyright 1999 by The News & Observer Pub. Co.
©1999, Alec M. Bodzin for the Science Junction, NC State University. All rights reserved.
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