Background Information and Litigation



Town of Ocean Isle Beach Terminal Groin Bid Package
Advertisement for Bids
Specifications and Contract
Construction Plan Set
Pre-Bid Meeting Attendance List
Addendum #1
Addendum #2
Addendum #3
Bid Tabulation (9-9-21)

Bids for the Terminal Groin Project were scheduled to be opened on September 2, 2021 however, due to only 2 bids being received it was necessary to readvertise for this bid opening. The next bid opening for this project occurred on September 9, 2021 and 2 bids were received in the amount of $17,500,000 and $11,426,048.  The Town’s engineering firm Coastal Protection Engineering (CPE-NC) recommended award of contract to Coastal Design and Construction, Inc. contingent upon the Town receiving a CAMA Permit Modification to extend the completion date to April 30, 2022. (*Update 9/15/21 – Permit modification was received successfully).

The Town received notification this morning that the Fourth Circuit Court unanimously affirmed the District Court’s decision in regards to the Town’s Terminal Groin Project.  This is wonderful news for the Town and we look forward to seeing this project become a reality. 

The Town is also working in conjunction with the Corps of Engineers for our upcoming Coastal Storm Damage Reduction Project (formerly known as Beach Renourishment Project).  The Corps anticipates this project will be bid summer 2021 and awarded sometime in August for a Fall construction start date. 

The oral argument for the Terminal Groin lawsuit was heard on December 8, 2020.  We will now await a decision by the court.  On average this could take 2-3 months after the oral argument is heard, however, we are hoping for a shorter timeframe.  Once we are advised of the decision by the court we will be sure to post to our media sites.  

If you would like to listen to the discussion, you may do so by clicking HERE.  
Case No. 19-2151, National Audubon Society v. US Army Corps of Engineers. 
Fast forward to the fourth case at 1:44 to hear arguments in the following order:
Audubon Society, (2) US Army Corps of Engineers, (3) Town of Ocean Isle Beach 


On October 14, 2019, the Town received notification the National Audubon Society had filed an appeal to the United States Court of Appeals for the Fourth Circuit from the order dated September 25, 2019 denying summary judgement for National Audubon and granting summary judgement for the Town.  Unfortunately, this appeal process will once again delay construction of this project. We will continue to update the public as additional information is available or the court’s ruling has been issued.


The Town received notification this morning that a decision by the Court has been rendered in regards to the following case: National Audubon Society (Plaintiff) v. United States Army Corps of Engineers and the Town of Ocean Isle Beach (Defendants)

This action came before the Honorable Louise Flanagan, United State District Judge, for consideration of the parties’ cross motion for summary judgment.  The Honorable Flanagan ordered and adjudged that plaintiff’s motion for summary judgement is denied, defendants’ (Town and Corps) motions for summary judgement are granted and this action was hereby dismissed. 

To view a copy of the Order CLICK HERE.
To view a copy of the Judgement CLICK HERE.

CAMA Ocean Isle Beach Terminal Groin Permit 107-16 State Permit for the project issued by NC Division of Coastal Management

NC Water Quality Certificate NC Water Quality Certificate issued by NC Division of Water Resources
OIB Cultural Resources Report Cultural Resources Report provided by Tidewater Atlantic
OIB Geotechnical Report from FEIS (Part 1) OIB Geotechnical Report from FEIS (Part 2)
OIB Geotechnical Report from FEIS (Part 3)
OIB Geotechnical Report from FEIS (Part 4)
OIB Geotechnical Report from FEIS (Part 5) Geotechnical Report for the borrow area and fill area
OIB ROD 03.01.17 Record of Decision issued by the USACE

Subsurface Exploration Report Subsurface exploration consisting of three borings from within the footprint of the sheetpile
portion of the terminal groin provided by Catlin Engineering

The Final EIS by the USACE for the Town’s Terminal Groin Project has been posted at the following link: