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On Monday, September 16, a federal judge denied a motion to stop the replacement of the Herbert C. Bonner Bridge in Dare County, a vital route for Hatteras Island residents and visitors. In a 42-page document, Federal Judge Louise Flanagan ruled against the Southern Environmental Law Center’s (SELC) claims on behalf of the Defenders of Wildlife and National Wildlife Refuge Association that a new parallel bridge over Oregon Inlet will impose environmental hazards on the wildlife protected on Pea Island National Wildlife Refuge. The Claims According to the SELC website, “Ongoing construction work inherent in the current plan would pose a constant threat to the natural island, migratory waterbirds and nesting sea turtles as well as their young”. Defenders of Wildlife, who are represented by SELC, say, “A current plan to replace the state’s deteriorating Herbert C. Bonner Bridge would necessitate the ongoing maintenance of a highway that runs through Pea Island, turning it into a permanent construction zone.” SELC Alternatives A SELC article on safe alternatives to a new parallel bridge states, “A longer bridge that bypasses the unstable part of the island and the wildlife refuge and travels instead through the Pamlico Sound to the village of Rodanthe would be safer and more reliable for visitors and residents.” According to SELC, another option is a ferry: “A high-speed, shallow draft ferry system is another alternative that has not been seriously studied.” These alternatives, says SELC, “would be more reliable and safer given the ocean exposure, flooding and erosion of NC 12 while preserving the refuge”. The Ruling State Transportation Secretary Tony Tata stated, "This is a great day for residents and millions of visitors to the Outer Banks, and an historic day for North Carolina. We want to thank Judge Flanagan for her ruling. We've spent millions of dollars of taxpayer money keeping the existing bridge open and we know it stands on borrowed time. With this ruling, we are prepared to move as quickly as possible to replace this lifeline bridge." Bridge Repair History Since beginning the process to replace the Bonner Bridge more than 20 years ago, the NCDOT has spent more than $56 million in necessary inspections, repairs, and maintenance on the 50-year-old bridge. Future Bridge Repairs At the end of September 2013, the NCDOT will begin the first of two additional repair projects on the bridge. The two projects, which total $2 million, are both scheduled to begin this fall and are necessary to keep the bridge open until the department can replace the bridge. The Bonner Bridge remains safe for travel and the NCDOT is continually inspecting the bridge. If they determine that the Bonner Bridge is unsafe, they will immediately close it. Beginning Monday, September 23, the NCDOT will close a one-lane section of the bridge. One part of this $388,910 repair project is to protect exposed steel by applying concrete patches. These areas of exposed steel were spotted for priority maintenance during the latest two-year bridge inspection that occurred last year. The second repair job, a $1.4 million project, includes plans to restore the supplemental supports of the bridge and should begin later this month. The Next Obstacle The recent federal ruling eliminates one of two legal obstacles that the NCDOT faces in their effort to begin construction on the new bridge. The NCDOT is now working with the NC Department of Environment and Natural Resources to resolve a state-level petition that originates from a similar SELC complaint. After the petition is settled and permits are in place, the NCDOT will proceed with the construction of the new bridge, a contract that was awarded in August 2011.
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OBX, Law, Outer Banks, Lawsuit, Bonner Bridge,
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