Enviro groups dispute Bonner Bridge permit

| October 18, 2012

By Catherine Kozak
Coastal Review Online

Even as a federal lawsuit challenging a proposed replacement for the Herbert C. Bonner Bridge over Oregon Inlet is churning its way through a federal court, another legal action has suspended the state permit allowing construction of the bridge to begin.

The Southern Environmental Law Center, representing Defenders of Wildlife and the National Wildlife Refuge Association, last week filed a petition with the N.C. Coastal Resources Commission for a hearing to appeal the major CAMA permit issued on Sept. 20.

By law, the project has been stopped until the matter is resolved, but related tasks can continue.

“This does not impact any of the work that we’re doing now,” Greer Beaty, a spokeswoman for the state Department of Transportation, said Monday.

Beaty said that several permits from federal agencies are pending, and the $216 million project is on target to start construction in early 2013.

“We’re at a point in our work where we’re still finishing up design and testing and things of that sort,” Beaty said. “This does not change our timetable at all. We’re going to keep working.”

The 2.5-mile Bonner Bridge, situated in the notoriously wild waters of Oregon Inlet, was opened in 1963 and is about 20 years overdue for replacement. DOT inspects and repairs it regularly and says it is safe to cross.

The Oregon Inlet groin protects the south end of the Bonner Bridge.

As the only link to Hatteras Island, the span is crucial to the tourism-dependent economy on Hatteras and Ocracoke islands and to the more than 5,000 residents who live year-round on the islands.

The commission’s chairman, Robert Emory, must respond to the request by Oct. 23.

If he decides that a hearing is not warranted, petitioners must prove that the permit decision violated a law or rule, that they are directly affected, and that their request is not frivolous.

Then the law center can petition for judicial review in state Superior Court in Dare or Wake counties.

If Emory agrees to grant the hearing, the law center must file a petition for a contested case hearing with the state Office of Administrative Hearings.

The case would be heard by an administrative law judge, whose ruling is final but can be reviewed in state Superior Court.

It is not unusual to see such requests in controversial projects, said Michele Walker, CRC spokeswoman. “We were not surprised,” Walker said.

Considering the continued complexity and challenging nature of the project, Walker said that the commission has taken pains to ensure that regulatory requirements have been met.

“We were able to work with DOT and other agencies upfront in planning,” Walker said.

Outten

Bobby Outten, Dare County manager and attorney, said that he has been assured all along that DOT has done everything possible to comply with rules and regulations, especially in anticipation of a lawsuit being filed after the final step in the planning process was completed.

“We expect that the Southern Environmental Law Center will exhaust every avenue that they can to slow down or stop construction of that bridge,” Outten said.

After more than 20 years of countless inter-agency meetings and heated public hearings, intermittent designing, planning and redesigning, not to mention behind-the-curtain political head-butting and arm-twisting, DOT finally awarded a $215.8 million contract in July 2011 to design-build team PCL Civil Constructors Inc. and HDR Engineering Inc. of the Carolinas.

Completion is targeted for 2016, and demolition of the old bridge would begin the next year, with only a small portion left in place to use as a fishing pier.

The Coastal Area Management Act permit was issued last month after a 30-day public comment period and reviews by four federal and 10 state agencies.

Walker, with the CRC, said of the three public comments received, two were in favor, and one, from SELC, was opposed.

The petitioners said that the high erosion rate at hot spots on the island, coupled with growing risks from sea-level rise and climate change, make the proposed bridge a costly, wasteful and impractical option.

Instead, they favor a previously planned 17.5-mile bridge that would bypass Pea Island National Wildlife Refuge, or alternately, using high-speed ferries to transport vehicles and people.

In July 2011, the law center and the other groups sued NCDOT and the Federal Highways Administration to stop the project.Progress on the project has not been affected. The matter is expected to be heard in the near future in federal court in New Bern.

Youngman

In the recent request for a hearing, Julia Youngman, SELC’s senior attorney, contends, in part, that the permit should have been denied because the bridge project could harm water quality in Pamlico Sound and wildlife habitat in Pea Island National Wildlife Refuge, as well as historic and cultural resources.

Youngman also said that the state exaggerated the cost of the rejected 17.5-mile bridge and didn’t bother to seriously study the use of fast, shallow-draft ferries.

Youngman also contends that one of DOT’s more “egregious” violations of federal environmental laws is the way the project has been segmented.

The CAMA permit only covers the first phase of the project — construction of a new bridge adjacent to the existing one.

But, she argues, the effects of the maintenance of the road through Pea Island to Rodanthe, maintaining the rock groin on the south end of the bridge and the two bridges that will be constructed to repair damage in 2011 from Hurricane Irene should have been evaluated along with bridge construction.

In an e-mail, Youngman said that the group is “hoping to secure NCDOT’s compliance with federal and state laws, including CAMA,” but declined to say whether it wants the agency to change the project.

“Yet again, NCDOT has asked a fellow agency to approve its plan by considering only a small part of the entire Bonner Bridge replacement project and turning a blind eye to the enormous problems with the remainder of the project that, if NCDOT acknowledged them, would likely preclude the permit from being issued,” Youngman wrote.

Many Outer Banks residents objected to the long bridge because of safety concerns, but mainly because it cuts off access to unspoiled Pea Island, where surfing, birding, beachcombing and swimming are favorite activities for locals and visitors.

Hatteras resident Beth Midgett, chairwoman of the Citizens Action Committee to Replace the Bonner Bridge, said that the bottom line is that the nearly 50-year-old Bonner Bridge is running out of time.

If the project is delayed much more, she said, it will become hazardous to cross. And if load restrictions are put in place because of structural deterioration, the daily and financial hardship, she said, would be significant.

“This will shortly be a public safety issue,” Midgett said. “We are pouring money into this thing. In the off-season, it’s been in a fairly constant state of repair.”

Midgett mocked Youngman’s “pie-in-the-sky” ideas about using ferries to transport the nearly 3 million people who travel annually through Pea Island

“Perhaps even better would be jet packs from the mainland,” Midgett said.

But for residents, Midgett said, the bridge is the only land route to the rest of the world. It represents their livelihoods, their lifestyles and their independence.

“This isn’t an expansion project,” Midgett said. “This is our existence, and there’s a huge difference.”


See what people are saying:

  • longtimeresident says:

    Why don’t they just leave us alone and quit spending all that money for legal battles. If they thought the longer bridge was so important and vastly better why didn’t they offer to pay the difference. After the “bird” battle most local folks do not think very kindly of these envioronmental tree huggers.

  • on October 18, 2012 @ 2:41 pm

  • county folk says:

    I am a “tree hugger.” I have to say I agree with longtimeresident and am embarrassed at the lengths the environmentalists have gone to, without any regard for the safety of the people who have to use a long-out-dated bridge daily! And where do they suggest the extra money will come from. The public can only be taxed so much.

  • on October 18, 2012 @ 2:57 pm

  • Rick Dunn says:

    I bet she eats plastic, chemically based food !Has never spent a day in her life out in the environment.Its obvious shes read too many books !She needs agood plate of seafood and to spend a week or two with some fisherman and hunters and get a grip on the idea of a true blooded American that lives off the land and needs decent access to it !!My god how far are we gonna let these people ruin our life !!!

  • on October 18, 2012 @ 4:33 pm

  • yeah says:

    Somebody hire an attorney to file a large class action lawsuit against the SELC for endangering every resident and tourist that crosses the Bonner Bridge. Maybe if they were bankrupt, they wouldn’t be causing so many problems.

  • on October 18, 2012 @ 5:40 pm

  • Bubba says:

    Julia Youngman says, “the bridge project could harm water quality in Pamlico Sound and wildlife habitat”.

    I don’t see the word “would” but I do read “could”. Everytime Miss Youngman starts her car she “could” harm water quality and wildlife habitat.

    When did the value of humanity become less than the value of animals?

  • on October 18, 2012 @ 6:16 pm

  • Jason says:

    America is in the process of being taken over by pansies. The extremes environmentalists go it almost ridiculous. They need to go study the definition of “diminishing returns”.

  • on October 18, 2012 @ 7:29 pm

  • OBX Tom says:

    Im sick of this liberal country. What is it going to take ? The first fatality of someone from the old dilapitated bridge then the bird wackos might change their mind.. This country is going to pot !! We cant even pray before a sporting event anymore ? Stop the bleeding and build the new bridge …

  • on October 18, 2012 @ 7:47 pm

  • OleSalt says:

    When the federal government quits paying out to the special interest groups rather than fighting this kind of frivilous crud will cease. Hold these enviromental attorneys and the organizations responsible for the costs involved.When the government pays out behind closed doors they have more money in their pockets to put up these unnecessary lawsuits.
    It will be too late when people are injured or killed. Unfortunately that has to happen before anything is accompolished. A sure sad state of affairs in the great nation.

  • on October 18, 2012 @ 10:20 pm

  • Who are these people says:

    WHo are the members of this Defenders of Wildlife and the National Wildlife Refuge Association. Come forward and lets walk this bridge together and we can talk.

  • on October 18, 2012 @ 10:32 pm

  • Jeff says:

    How much money have these groups contributed to the Obama Administration already? Vote wisely next month. Vote Romney/Ryan to stop the environmentalists!

  • on October 19, 2012 @ 2:28 am

  • charlie says:

    The Associated press reported that the selc’s computers got hacked and valuable information was breached……..awwww toooo bad. Maybe they ticked of the right/I mean/ wrong people.

  • on October 19, 2012 @ 6:26 am

  • Salvo Jimmy says:

  • on October 19, 2012 @ 7:07 am

  • ....... says:

    Let the inlet fill in, put a flat road across it, problem solved.

    Seriously though, it is time to get this project underway.

  • on October 19, 2012 @ 7:12 am

  • beachornot says:

    To those whom suggest that this is a President Obama problem it’s obvious they haven’t read the above article. This bridge has been tied up in court cases for over 20 years. That would mean that the Republican administration had no greater impact than a Democratic administration. This revolves around the SELC and their war chest. When people contribute to a number of environmental groups, they have no idea where their money ends up. Thus Defenders of Wildlife etc. make the determination where the money will be spent. The attorneys on the SELC staff are just ambulance chasers and follow the money. They have made fortunes in the past twenty plus years filing these lawsuits and as long as the war chest is full they will continue to file the suits.

  • on October 19, 2012 @ 9:42 am

  • OnBoard says:

    Find out who is contributing to the worthless causes of the SELC and their misguided direction. Then, take every reasonable step to bankrupt the ones that financially supporting the misguided direction of such groups as the SELC and NCCF and unfortunately others. Thank GOD that there is a chance for real CHANGE after the November election. I assure you that change will not come from OBAMA. BUILD the bridge and the other things in life that make sense.

  • on October 19, 2012 @ 2:29 pm

  • dave douglas says:

    I was lucky enough to get stopped on the top of the bridge by a construction crewman while repairs were going on recently and when the traffic came from the other direction I thought the bridge was going to fall right out from under my truck! Folks it’s long past time to just move this project along and get it done!

  • on October 19, 2012 @ 8:26 pm

  • Michael O'Brien says:

    A 17.5 mile bridge would not harm the water quality…
    What planet are these people from?
    I agree with OnBoard and we need to find out who is contributing to the SELC.
    And those who wish to use this as a political platform are missing the point.
    Read what beachornot has to say…
    We need to keep up the pressure with letters… emails and phone calls to ELECTED OFFICIALS…
    This bridge will be built…

  • on October 19, 2012 @ 9:31 pm

  • Michael O'Brien says:

  • on October 19, 2012 @ 9:41 pm

  • Mark A Williamson says:

    These people want to stall until the bridge finally collapses. The ultimate goal is to send Hatteras Island back to 1955. I don’t think there can be any other explanation. They saw the impact from the last bridge closure, (1991 I think), and that must be what they want again.

  • on October 20, 2012 @ 8:12 am

  • Nags head bob says:

    Well, looks like most of us feel the same way. A class action lawsuit might work.

  • on October 20, 2012 @ 10:01 am

  • yes says:

    The barge hit the bridge in the fall of 1990. I was visiting friends off the island when it happened. I was pregnant at the time. Getting to my doc for check ups SUCKED. Luckily the bridge was fixed before i went into labor as my child was in fetal distress. This bridge project needs to get done now.

  • on October 20, 2012 @ 9:34 pm

  • ekim says:

    Most enviro wackos have big ties to COMMUNISM! Its time the people of the OBX take our island back, And our country!Wake up people!

  • on October 21, 2012 @ 11:31 am

  • JUMPIN says:

    we need to take back what is our’s.free access to all beaches.fishing at nite.drive where ever.like it was when we grew up enjoying everything the govt has taken away

  • on October 21, 2012 @ 8:36 pm

  • Kevin Gray Conner says:

    What we need are politicians with the courage to simply say enough is enough and build the bridge! I’m tired of my life, the life of my family and the lives of so many of my neighbors being put in harms way, because of a group of environmentalists who would rather see people die than allow safe passage to and from Hatteras Island. Twenty years, Governor Jim Martin had that courage when he approved the construction of the jetty at Oregon Inlet.

  • on October 22, 2012 @ 6:43 am

  • Steve says:

    The Bonner Bridge was one of the worst things to happen to our
    Island.

  • on October 22, 2012 @ 6:58 am

  • yes says:

    ^ trolling again

  • on October 22, 2012 @ 12:03 pm

  • nags head bob says:

    Slightly off topic, but there is a storm out there. Isn’t it about time for The Voice to run a story quoting Riggs, saying we are all going to die because we build houses and bridges on land that rightfully belongs to birds and environmentalists? It been at least a month since the last one.

  • on October 23, 2012 @ 9:02 am

  • Salvo duck hunter says:

    Elephant in the room, terminal groin OI, PINWR is dissolving. Any new bridge next to old OI bridge will be a bridge to no where and a waste of money. No one in Raleigh will want their name on the new bridge, they probably are looking for ways to continue stalling.

  • on October 24, 2012 @ 8:14 am

  • nags head bob says:

    Didn’t realize granite dissolved when exposed to salt water…..(sarc)

    Guess it’s a good thing they changed the law to allow building of terminal groins……

  • on October 24, 2012 @ 10:24 am

  • It Figures says:

    How long will this be delayed? Until the bridge collapses and people are injured??? Until they succeed in killing off businesses on Hatteras Island???

    I can understand being concerned about the environment, but if they truly feel the need to preserve the land, then those groups should purchase it at fair market rates. Then and only then do they have the right to control the use and enjoyment of that parcel.

  • on October 24, 2012 @ 11:36 am

  • yes says:

    If it’s a bridge to nowhere, why do so many people want to go there?

  • on October 24, 2012 @ 10:11 pm

  • yes says:

    I’m still awaiting an answer from the duck hunter.

  • on October 26, 2012 @ 8:28 am

  • Salvo duck hunter says:

    Pea Island is still dissolving. The dunes are gone and a new bridge will be a bridge to a half mile of the northern end of HI. Every North Easter and tropical low will do the same thing as Sandy.
    What will,it take for you all to realize a new bridge will not solve any access problems to HI?
    .

  • on November 3, 2012 @ 9:29 pm

  • Jen says:

    These environmentalists are NUTS! They are putting so many HUMAN LIVES in danger over something that has already existed for 50 years. I pray that a higher source can intervene and give Hatteras Island the bridge that they deserve and NEED. The common sense that these people lack is scary and they should be sued themselves for their careless actions and wasted $ on a fight so STUPID. I am all for the environment, that is what makes Hatteras Island so special. It is one of the few places left that has coexisted for a long, long time with people and the wildlife around them. It’s as if they are making trouble where there wasn’t any to begin with. Anyone that lives there or has been a faithful vacationer knows the people of the OBX and HI are people of the land and LOVE their home and would NEVER put it on the animals in jeopardy. But to argue over a bridge that NEEDS replaced is IDIOTIC! How do you expect these people that have lived there for YEARRRRRSSS to replace their bridge with a ferry system? WTF???? IT IS 2012, THAT WOULD KILL THEIR ECONOMY! A BRIDGE ALREADY EXISTS! THAT BIRDGE IS THEIR LIFE LINE, ELECTRICITY, INTERNET, PHONE LINES RUN UNDER THAT BRIDGE!!! GET A CLUE PEOPLE!!!!! I’ll continue to pray for justice, there are EVIL people trying to take down HI by blowing things OBVIOUSLY out of proportion. There has to be someone of power that see’s this is WRONG, God will set it right…

  • on November 5, 2012 @ 1:44 pm

  • Salvo duck hunter says:

    I think maybe God has set it right. The people of HI have lived here before there was a bridge and will be here weather there is a bridge over OI or not.
    Calling people evil doesn’t accomplish a thing.

  • on November 6, 2012 @ 11:03 am

  • The Hammer says:

    Really Duck hunter? Are you that ignorant of basic economics? If you close the bridge you kill the economy of HI. You then reduce the whole economy of NC (Dare is one of the most prosperous counties in NC), do you really want to cripple a whole state? Are you that filled with the hate of success?

    I’m calling you dumb, what does that do? Nothing unless you allow it to.

  • on December 14, 2012 @ 1:59 pm

Join the discussion:

You must be registered and logged in to post a comment.