THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, January 19, 1996 TAG: 9601190598
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Short : 49 lines
The future of sandbag barriers along the only roadway connecting Hatteras Island with the rest of Dare County may be decided today.
First District Superior Court Judge Jerry Tillett will hear arguments from attorneys for Dare County and the North Carolina Department of Transportation and Department of Environment, Health and Natural Resources at 2 p.m. in Manteo.
The county wants to keep the sandbags along N.C. Route 12 at Pea Island in place, and contends that the artificial barriers have done a good job of protecting the highway from ocean overwash.
Transportation officials, however, argue that under conditions of a 1992 construction permit issued by the Division of Coastal Management, the sandbags must be moved once the new roadway is completed. The new 3-mile portion of N.C. Route 12, which transportation workers shifted west of the encroaching waves, opened in December.
Earlier this month, Tillett issued a temporary injunction blocking removal of the bags until arguments are heard.
Deputy Attorneys General James Gulick and Grayson Kelley will argue the state's case. Neither were available for comment Thursday.
However, a motion the Attorney General's office filed Jan. 12 on behalf of NCDOT and the state's department of Health, Environment and Natural Resources contends that the county's complaint should be dismissed on three grounds.
First, the state maintains that because Dare County has not exhausted administrative remedies available under North Carolina's Coastal Area Management Act (CAMA), the court does not have jurisdiction in the case.
Also, the agencies say that Dare County does not have standing to bring action against the state.
Finally, since the U.S. Fish and Wildlife Service owns the land where the sandbags are located, but is not named as a party in the lawsuit, the complaint should be thrown out.
Dare County Attorney Al Cole said the safety of Hatteras Island residents is the main issue in this case.
``We think the court should apply a good dose of common sense,'' Cole said Thursday. ``CAMA has always had a hard policy when dealing with hard structures. But we feel those bags should stay where they are.'' by CNB