- 601 Bridge - Updated
The SC DOT proposes to widen causeways and construct new bridges for US Highway 601 within the approved boundaries of the Congaree National Park. The project would fill wetlands that are part of a renowned ecosystem. DHEC issued a navigable waters permit and a water quality certification, with a number of special conditions. DOT appealed the special conditions and we appealed the permit and certifications. The Federal Highway Administration approved a Finding of No Significant Impact based on a limited Environmental Assessment and did not require a full Environmental Impact Statement. We filed suit in Federal District Court in Columbia to challenge the FONSI and lack of an EIS.
- Arcadia Lakes - Updated
Roper Pond, LLC, owns a 15-acre tract on Trenholm Road in Richland County, bordering on the Town of Arcadia Lakes. Roper Pond proposes a high density apartment complex on the tract. The tract includes a nice shallow pond full of lily pads; the pond is part of the Gills Creek watershed that runs through Arcadia Lakes. The development would excavate the pond to convert it to a stormwater detention pond. DHEC issued a storm water permit to the developer and we appealed.
- Chem Nuclear Landfill - Updated
This is the on-going appeal of the renewal of the permit for the Chem-Nuclear low level radioactive waste landfill near Barnwell. After extensive discovery and a trial in the Administrative Law Court, the case is now on appeal to the SC Court of Appeals. We are asking the court to reverse the permit approval. The Administrative Law Court ruled that although the landfill is leaking radioactive materials to groundwaters and the Savannah River, the permit complies with the regulations requiring “isolation of wastes from the biosphere inhabited by man and his food chains.” We have submitted final briefs and oral arguments are scheduled.
- Cliffs Mountain Park
Cliffs Communities proposes to build a golf course community on a 5,000 acre tract in Greenville County, along the North Saluda River. The golf course was planned by Gary Player and the design calls for the piping, bridging (24 crossings by bridges and “play overs”), impounding, and other alterations of the river and its tributaries. We have appealed a storm water permit and a permit for a sewage system that will have a high ground discharge.
- Deerfield - Storm Water & Wetlands - Updated
Deertrack Golf, Inc., owns a golf course in a mature Surfside Beach development known as Deerfield Plantation. Deertrack has entered into a contract to sell the golf course property to Bill Clark Homes. Bill Clark proposes to develop 287 lots on half of the golf course property (the other half will be developed later). The POA’s members are homeowners in a single-family home development that is surrounded by the golf course property. Most of the homes border the golf course. There is a long history of problems with flooding, and it appears that both the golf course and the residential development were built on former wetlands. DHEC/OCRM issued a storm water permit and coastal zone consistency certification for the development project. We have appealed for the POA. Pretrial discovery was extensive with wetlands experts, engineers and fact witnesses being deposed.
- Eagle Landfill - Updated
MRR Highway 92, LLC applied for and received a DHEC permit to construct a construction and demolition debris landfill in Laurens County. We have appealed the permit for a citizens group known as EAGLE. Pretrial discovery included about 5 depositions. Cross motions for summary judgment were filed, argued and denied.
- Greenville Water Systems
Greenville Water System (“GWS”) owns and operates two 30 inch raw water transmission mains (“RWTM”) for the purpose of transporting raw water from the Table Rock Reservoir to the GWS treatment plant in northern Greenville County. GWS proposes to construct a 7.8 mile 42-inch RWTM from the Table Rock Reservoir in Pickens County, traveling into Greenville County, back into Pickens County, and ending approximately 0.9 miles east-southeast of the intersection of Marked Beech Road and JC Styles Road in Greenville County. The proposed construction route will cross the South Saluda River three times, Duck Creek and Matthews Creek one time each, and numerous tributaries to the South Saluda River and Duck Creek to a total of at least 26 total river crossings. The proposed route will also cross three wetland areas associated with Matthews Creek.
- Inlet Point
In the early 1990s, we represented the Georgetown County League of Women Voters in the appeal of a permit for 22 docks for a development at the south tip of Litchfield Beach. We settled the case for reduction to 11 docks and a conservation easement over property south of the development. John L. Irvin #7, LLC, filed this current action claiming ownership of the property covered by our conservation easement. The associations are residents of the development and an adjoining development. We have been allowed to intervene on behalf of the League and the associations.
- Kiawah Island Revetment - Updated
Kiawah Development Partners (KDP) applied for a permit for a 2,750-foot revetment on the Kiawah River at the south end of Kiawah Island. The purpose of the revetment would be to stop erosion and to stabilize the shoreline so that KDP can build a road to develop the narrow spit of land known as Captain Sam’s Spit. OCRM denied most of the request, allowing only a 270-foot revetment along the edge of the parking lot at Beachwalker Park, the only public access on Kiawah. KDP appealed, and we appealed the 270' permit.
- Litchfield Carolina Bay
Smith Land Company purchased a lot near Litchfield Country Club in Georgetown County. Plats for the lot show a portion of the lot as under water, and Smith Land Company obtained a wetland delineation saying that other portions of the lot were wetlands. The pond and wetlands are part of a Carolina Bay, a unique wetland formation. After deciding that the wetlands and pond are “isolated” and not subject to the jurisdiction of the Corps of Engineers, Smith filled in the wetlands and pond.
- Marlboro County Landfill - Updated
MRR Sandhills, LLC, proposes to build a municipal solid waste landfill on the North Carolina border in Marlboro County. DHEC has issued two preliminary approvals: demonstration of need and consistency with the county solid waste plan. Marlboro County has appealed both of these approvals and these appeals are pending in the Administrative Law Court. We filed a motion to intervene for Citizens for Marlboro County. Marlboro County ships its garbage to the Lee County Landfill and argues that there is no need for this landfill, and we are supporting the county’s argument.
- Myrtle Trace
When Myrtle Trace was developed, a buffer area was set aside as a nature preserve, as mitigation for wetlands filled by the developer. Then the agency that required the nature preserve granted a new permit allowing development of the nature preserve, located near Conway in Horry County. SCELP assisted a neighborhood group in overturning this new permit. The developer has now filed suit seeking to reinstate its permit.
- Project DP - Updated
A development group, Spectre, LLC, requested a state permit and coastal zone certification to fill 31.76 acres of wetlands on a 62.93 acre tract of land in Murrells Inlet in Horry County. The request would have converted this almost 32 acre cypress swamp into a large commercial development.
- Risher Bridge
Jerry Risher applied for a critical area permit to construct a vehicular bridge across intertidal saltwater wetlands to access a 0.3 acre island located off Fripp Island. Under the new Access to Small Islands Regulations which became effective in 2006, bridge permits for a coastal island less than one acre in size are prohibited.
DHEC denied the bridge permit and Risher appealed. The League intervened and a hearing was conducted November 19-20, 2008. Judge McLeod ruled that 1) the 0.3 acre lot is not a coastal island and 2) even if it were a coastal island, it is exempt from the regulations. He ordered that Risher be granted a bridge permit. - Wayne Hill
A lot owner in the Cherry Grove section of North Myrtle Beach illegally filled in approximately 1500 sq. ft. of salt marsh to make his lot bigger.
- Williamsburg County Landfill
A few months ago we thought this case was over. Williamsburg County canceled its contract with a North Carolina company that called for a landfill in the Nesmith area with an annual disposal rate of up to 2.375 million tons (although Williamsburg generates only around 50,000 tons per year). In June, DHEC issued two decisions: (1) amending the permit for the existing county landfill to raise its annual disposal rate to 400,000 tons per year, and (2) approving a “demonstration of need” for a new landfill also at 400,000 tons per year. We have filed a request for DHEC Board review of these decisions.
- York Landfill - Updated
C & D Management Company applied for and obtained a permit to construct a construction and demolition waste landfill in the City of Rock Hill. York County and a local resident, Barbara Polk, appealed. Barbara Polk later withdrew as a party and the Nazareth Baptist Church was allowed to intervene to replace Ms. Polk. York County was in the process of updating the county’s solid waste management plan when this permit was approved. The old plan had been prepared in 1993-94 by Catawba Regional Planning Council and was out of date and not in compliance with DHEC standards. As the new plan was being developed, the county became aware of the C & D Management permit application, and asked DHEC to allow it to complete the plan before a final permit decision was made.
SCELP
P.O. Box 1380Pawleys Island, SC 29585
843-527-0078