Ruling opens way for new bridge

Raleigh | A federal judge cleared the way Friday for the state transportation secretary to award a contract to build a new bridge to Sunset Beach, a proposed structure that's been the subject of 30 years of studies, debates and lawsuits.

U.S. District Judge Louise W. Flanagan denied a motion for a preliminary injunction that would have barred the N.C. Department of Transportation from building the bridge until more environmental studies were conducted.

DOT Division Engineer Allen Pope said after Friday's hearing that transportation officials would await the judge's written opinion in the case, which is expected within two weeks, before proceeding with awarding a contract to build the bridge.

The DOT was ready to award the contract Oct. 4 to English Construction Co., which submitted the low bid of $30.9 million. But the state transportation board agreed to delegate the authority to the transportation secretary after the lawsuit was 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.

Plaintiffs in the lawsuit now will decide whether to take the case to trial.

The lawsuit's plaintiffs allege that the DOT failed to address the environmental impacts of the 65-foot-tall bridge that would replace the antiquated, single-lane pontoon bridge connecting the island to the mainland.

The plaintiffs' attorney, Jim Maxwell, said during the hearing Friday that his clients were concerned with three additions to the DOT's plan that weren't addressed in a previous environmental impact study.

He said new details for the DOT's proposed bridge included a relocation of a stormwater pond at the Sea Trail Golf Resort, the creation of an infiltration basin and changes to the DOT's plan to widen Sunset Beach's causeway. Maxwell said the DOT should submit supplemental environmental studies that would ensure these plans wouldn't harm the Intracoastal Waterway or marshes near the bridge.

But Assistant Attorney General Lisa Glover, representing the DOT, said the DOT is not required to conduct an environmental study for each new detail in its plan.

Amos Dawson, an attorney representing the town of Sunset Beach in support of the DOT, said during the hearing that new details were insignificant and called the plaintiffs' lawsuit a "desperate last stretch" to try to delay the construction of the bridge.

Transportation officials have said that a preliminary injunction would delay the bridge's completion by at least a year and increase its cost by about $4.5 million.

Glover said the maintenance of the current bridge costs the state about $400,000 each year.

"Every dollar spent at Sunset Beach is a dollar less for other projects in the state," she said.

And, according to an affidavit from David Thomas, a DOT maintenance engineer, the existing pontoon bridge would have several maintenance issues if it remains in service beyond May 2010, the project's expected completion date.

The bridge is often closed for repairs, the affidavit says. There were 10 cable breaks that had to be repaired between May and October; a boat struck a cable in May; and a vehicle damaged the pontoon bridge's guardrail in October.

Dawson said the plaintiffs' request for supplemental environmental studies would only delay the bridge and wouldn't accomplish anything.

But Maxwell disagreed.

"Hopefully, what would be gained is a hard look required by federal law would be taken and the environment would not be damaged," he said.

Shannan Bowen: 755-6307

Shannan.bowen@starnewsonline.com