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Resolution Adopting Comments on the Proposed Programmatic Agreement Between the Federal Highway Administration, the Advisory Council on Historic Preservation, the North Carolina Department of Transportation, and the North Carolina Historic Preservation Office Regarding the Cape Fear Memorial Bridge Project
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Department: |
Planning & Development |
Meeting Date: |
8/4/2026 |
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Contact Name: |
Linda Painter |
Public Hearing: |
No |
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Contact Phone: |
910-341-7806 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution: Attachment #2: Advisory Council on Historic Preservation e106 Form; Attachment #3: Draft Programmatic Agreement |
PURPOSE:
The proposed resolution would adopt formal comments on a proposed programmatic agreement that addresses how potential impacts to historic resources from the Cape Fear Memorial Bridge project will be reviewed and evaluated.
BACKGROUND:
The Federal Highway Administration (“FHWA”) is proposing to enter into a programmatic agreement with the North Carolina Department of Transportation (“NCDOT”), the Advisory Council on Historic Preservation (“ACHP”), and the State Historic Preservation Office (“SHPO”) to address potential impacts to historic resources associated with the Cape Fear Memorial Bridge replacement project (“Project”). Ideally, impacts to historic resources and their mitigation would be identified and addressed through a comprehensive Environmental Impact Statement (“EIS”). However, the sponsoring agencies have determined that the impacts to historic resources will vary depending on the bridge design selected and whether tolling is pursued and therefore have identified a programmatic agreement as the recommended path for ensuring compliance with Section 106 requirements.
As a Certified Local Government and home to the Wilmington National Register Historic District, in which the bridge is located, the City has been asked to provide feedback on the proposed agreement and indicate whether we will become a concurring party and invited signatory to the agreement. Concurring parties are provided with opportunities to give input and guidance on the development and stipulations of the agreement, will be invited to attend all scheduled meetings to discuss avoidance, minimization, and/or mitigation of effects, and may provide written comments in advance of scheduled meetings for consideration by the agencies that are signatories to the agreement.
Staff notes that while the City may not agree with every statement in the programmatic agreement, participation as a concurring party and invited signatory is the only way in which the City can continue to advocate for the protection of our historic resources and neighborhoods as this project progresses. The deadline to submit comments and advise FHWA on whether the City will be a concurring party is August 7, 2026.
Staff has reviewed the proposed agreement and recommends:
• Requesting that FHWA extend the deadline for the Large Bridge grant to accommodate preparation of a full Environmental Impact Statement (“EIS”) for the Project to identify both impacts and proposed mitigation measures.
• Participating as an invited signatory and concurring party to the agreement. Being a concurring party will allow the City to remain engaged through the process and to advocate for minimizing and mitigating impacts to our historic resources.
• Providing comments to the FHWA regarding the City’s concerns about the draft agreement, particularly the potential unavoidable adverse effects resulting from the proposed fixed bridge if that option is chosen, while also outlining preservation concerns for an operable bridge option as well.
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BUDGET IMPACT:
N/A
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RECOMMENDATION / ACTION REQUESTED:
Approval of a resolution requesting an extension of the grant funding deadline to accommodate preparation of an Environmental Impact Statement (EIS), adopting formal comments on the proposed programmatic agreement regarding the Cape Fear Memorial Bridge replacement project, and authorizing the City Manager to sign the agreement as an invited signatory/concurring party is recommended.