APPENDIX B: CORRESPONDENCE
STATE OF NORTH CAROLINA
March 26, 1968
Mr. Jackson E. Price
Dear Mr. Price:
I am writing in further reference to the matter of our bridge problem at the Moores Creek Park.
For the present I have requested our people to hold up on this particular project so that we may give further consideration to how we might handle this overall problem without adversely affecting the aspects of the Park.
Therefore no action will be taken to replace the bridge at this particular time.
I am certain Paul DuPre, our Division Engineer, will be very pleased to work with your Park Planner, Mr. John Parsons, on this problem.
/Sgd./ W. F. Babcock
STATE OF NORTH CAROLINA
Wilmington, N.C., 28401
Subject: NC 210, Moores Creek
Mr. Drew Chick
Dear Mr. Chick:
Following our conversation here in the Division Office concerning the possible rerouting and improvement of NC 210 in the vicinity of Moores Creek Battleground National Park, I discussed the possible alignment revisions with our folks in Raleigh.
As was explained to you during our conversation, the money which had been programmed for the improvement of the bridge over Moores Creek has now been re-programmed to other projects; however, when additional money is available for any improvement on NC 210 in the vicinity of Moores Creek Battleground, the improvement will be made along the lines as was agreed upon during our conversation here in the Division Office. In other words, the new location will be to the east of the present administration building and if the Park Service desires to acquire additional land east of the present administration building, this alignment could either be placed along the boundary of this new acquisition or through the new acquisition.
I am sure that this can be worked out with the Park Service to the mutual satisfaction of every one concerned.
Yours very truly,
/Sgd./ Paul J. DuPre
DEPARTMENT OF TRANSPORTATION
Portsmouth, Va. 23705
W. Drew Chick, Jr.
Dear Mr. Chick:
Your letter of 28 June 1968 to the District Engineer, U. S. Army Corps of Engineers, Wilmington, North Carolina, relative to possible reconstruction of a bridge across Moores Creek near Currie, North Carolina, was forwarded by the Corps of Engineers, and received in this office on 5 July 1968.
A copy of Section 115.50, Title 33, U. S. Code Federal Regulations, is being forwarded herewith. The enclosure lists steps to be taken and information to be furnished by an applicant for Federal authorization to construct a bridge across navigable waters of the United States.
Please feel free to contact this office if further information or assistance is required.
/Sgd./ John A. Dearden
Encl: (1) Section 115.50, Title 33, U.S. Code
Section 115.50, Title 33, U. S. Code of Federal Regulations Bridges Across Waterways
(a) Approval of plansTo obtain approval of the Commandant, an application for authorization to construct a bridge across navigable waters of the United States must show the name and address of the applicant; the waterway and location of the bridge; citation to the act of Congress or the State legislature authorizing the bridge; be accompanied by a map of the location and plans of the bridge showing these features which affect navigation; papers to establish the identity of the applicant.
(b) Prior authority necessaryA bridge cannot lawfully be constructed across any navigable waterway of the united states until legislative authority has been obtained and the plans have been approved by the Commandant. (See section 9, River and Harbor Act of Mar. 3, 1899 (30 Stat. 1151; 33 U. S.C. 401), General Bridge Act of Mar. 23, 1906 (34 Stat. 84; 33 U. S. C. 491), and General Bridge Act of 1946 (60 Stat. 847; 33 U. S. C. 525 et seq.).)
(c) Legislation requiredThe legislative authority must be obtained from Congress if the bridge crosses an international waterway. If the navigable portions of the waterway are not within the limits of a single state, the General Bridge Act of 1946 grants authority of Congress and no special act is necessary. If the navigable portions of the waterway are within the limites of a single State, State authority is necessary.
(d) FormThe application for the approval of plans consists of a letter accompanied with maps and plans of the proposed structure.
(e) SignatureIn case of signature by an agent or by an official of a corporation, a duly authenticated copy of the authority for the action must accompany the application.
(f) IdentificationIf the applicant is a corporation, it must furnish certified copies of the following papers, all properly authenticated: The charter or articles of incorporation; the minutes of organization; extract from minutes showing the names of the present officers of the corporation.
(1) Where State laws vest in State or county officers, such as boards of supervisors and county courts, the power to authorize the construction of bridges, they must furnish with their application certified extracts from their proceedings showing their action authorizing the proposed structures.
(g) PlansFour sets of plans must be submitted with the application on which the location of the work and the essential features covered by the application will be outlined in red. Each drawing must have a simple title, date and number, preferably in the lower righthand corner.
(h) Size of sheetsThe drawings will be on sheets 8 by 10-1/2 inches size. As few sheets will be used as necessary to show clearly what is proposed.
(i) Special instructions(1) The scale will be shown graphically. The north and south line will be indicated by a meridian arrow. Soundings and elevations will be shown in feet and referred to the established Government datum plane at the locality.
(2) The direction of currents will be indicated by an arrow, and the strength of currents, both ebb and flow, or low water and high water, will be shown close to the proposed location of the bridge, and at both ends of the waterway shown on the map of location.
(3) The plans will show in figures the least clear height of the lowest part of the superstructure over navigation openings, with reference to the planes of mean high water and mean low water if the bridge is to cross tidal water. If the waters are nontidal, the least clear height will be shown with reference to the planes of extreme high water and mean low water. If records of river heights are available, the plane above which flood waters have not remained more than 2 percent of the time will be indicated. Reference will also be made to other datum planes if appropriate for the waterway in question.
(4) If harbor lines have been established at the site of the bridge, their position will be shown on the plans.
(j) Structural detailsOnly those should be shown which are needed to illustrate the effect of the proposed structure on navigation. If the bridge is to be equipped with a draw, the latter will be shown in two positions: closed and open.
(k) To whom application should be presentedThe application and the papers and plans accompanying it should be submitted to the District Commander having jurisdiction over the area in which the bridge site is located.
(l) Action on applicationWhen an application is received for approval of plans for a bridge, the District Commander will verify the authority for construction of the bridge, review the application and plans as to sufficiency, ascertain the views of local authorities and other interested parties, and submit a report with the application to the Commandant.
Last Updated: 07-May-2007