Sunset Beach bridge could be late, cost more

The Sunset Beach bridge replacement could be delayed by a year or more and see its cost jump by $4.5 million if opponents win a preliminary injunction they're seeking.

That's the conclusion of the N.C. Department of Transportation in its response to a motion by a group of plaintiffs seeking to prevent construction of the new bridge.

The response, filed this week, states that the completion date has already been pushed back by six months on the project, which will replace the island's single-lane pontoon bridge with a 65-foot-tall bridge.

The N.C. Board of Transportation was ready to award a contract Oct. 4 to English Construction Co., which submitted the low bid of $30.9 million to build the new bridge. But the board agreed to delegate the authority to the transportation secretary as a result of a lawsuit filed that morning by the Sunset Beach Taxpayers Association, Douglas W. Hix, William A. Ducker, Bonnie Kelley, Nina Marable and the Brunswick Environmental Action Team.

The plaintiffs allege that the DOT has failed to address the environmental impact of the bridge construction and that the DOT is in violation of the National Environmental Policy Act and the Environmental Protection Act.

The complaint contends the DOT has modified its construction plans since completing a court-mandated environmental impact statement in 1997 and should conduct a supplemental study.

The construction company's bid was set to expire in 60 days, but the bid has been extended to Jan. 16, said Joe Blair, DOT construction engineer.

The project's completion date had been set for May 15, 2010, but the lawsuit has already pushed the completion date to Nov. 15, 2010, according to the DOT's response.

"If a preliminary injunction is granted, construction will not be able to begin until after defendants are successful in defending against the merits of plaintiffs' claims," the DOT's response states.

The DOT estimates such a decision wouldn't come until late spring or summer 2008, and the completion date could shift to May 15, 2011.

Attorneys for the DOT said that in addition to a likely rise in construction costs, the DOT also will have to spend additional funds to operate the existing pontoon bridge another year.

"It is likely that mechanical parts will continue to fail at an increasing rate, potentially stranding both vehicular and marine traffic," the response states.

Traffic engineers said it takes about $400,000 each year to operate the pontoon bridge.

If a preliminary injunction is not granted, the DOT can choose to award the construction contract by Jan. 16.

Blair said the DOT is waiting for U.S. District Judge Louise W. Flanagan to make a ruling based on both parties' filings or to schedule a hearing on the preliminary injunction request.

Jim Maxwell, the attorney for the plaintiffs, has said the plaintiffs are not opposed to a new bridge to Sunset Beach, but they would like to see a smaller bridge built that would have less negative environmental impact.

Maxwell couldn't be reached Friday.

Shannan Bowen: 755-6307

shannan.bowen@starnewsonline.com