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.

The key issues in the case: (1) whether DHEC/OCRM properly applied the statutes and regulations in denying most of the permit due to adverse cumulative impacts of the project (2) whether the revetment, which would be built on public trust tidal areas, violates the public trust doctrine (3) whether denial of the permit is a “taking” of KDP’s property. The trial was August 24 - 28, 2009.

Client: South Carolina Coastal Conservation League Other parties: Kiawah Development Partners, II & DHEC/OCRM Attorneys: Gedney Howe and Trenholm Walker for KDP Davis Whitfield-Cargile for DHEC/OCRM

We are waiting on a decision by the ALJ. After the critical area permit was denied, KDP submitted an application for a stormwater permit to construct a temporary access road for the construction of a 340 foot long sheet pile retaining wall behind the critical area line at the bend in the river where the spit is at its narrowest point. The same CZMA general considerations and the policies of the Coastal Management Program apply to this stormwater permit as applied to the critical area permit, yet OCRM issued the stormwater permit. We believe the issuance of the stormater permit is inconsistent with the agency's critical area permit denial. We submitted a request for final review conference before the DHEC Board and the Board granted our request. The final review conference will be conducted on December 10, 2009.

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