AWENDAW, SC – On Friday, January 17, on behalf of Friends of Coastal South Carolina, the South Carolina Environmental Law Project filed a challenge to a stormwater permit and Coastal Zone Consistency Certification granted to a proposed development on the White Tract, a property located within the congressionally authorized boundaries of the ecologically sensitive Cape Romain National Wildlife Refuge. The Request for Contested Case, filed in the Administrative Law Court, challenges the stormwater permit and certification issued by the Department of Environmental Services (DES). The developer of the project, Pulte Homes, plans to fill in almost 2 acres of wetlands and disturb 17.6 acres to facilitate construction of 27 single family homes in the first phase of a much larger development that allows for approximately 208 homes on 182 acres.

The proposed development’s location next to the Cape Romain National Wildlife Refuge and its acquisition designation underscore the exceptional ecological and recreational significance to the state of South Carolina. The refuge is designated as a Geographic Area of Particular Concern (GAPC), which provides heightened protections under state law. Friends of Coastal South Carolina is challenging the stormwater permit and certification for this development because the project’s stormwater would discharge directly on the refuge, which conflicts with state and federal protections for such vital areas, and because the project would destroy almost 2 acres of wetlands.

“Cape Romain National Wildlife Refuge protects Bulls Bay in its entirety,” said Grace Gasper, Executive Director of Friends of Coastal South Carolina. “The ecological value of this region is indisputable. In addition to ecological value, the region is also a critical economic resource as the heart of our area’s finfish and shellfish industry. Many people in our community depend on the pristine waters of the refuge to make their living. This land is protected for the American people and we want to see its value to the community and our environment reflected in the permitting process.”

The U.S. Fish and Wildlife Service (USFWS), which manages Cape Romain, also has serious concerns about the project. According to a USFWS letter, “Stormwater and septic systems will run off into the refuge estuaries, impacting the health and viability of these designated Outstanding Resource Waters. Fertilizers, chemicals, silt, waste, etc. will cause toxicity to the shellfish beds in the refuge impacting not only the fish and wildlife in the refuge but the local community that relies on these resources for their livelihood.”

South Carolina’s Coastal Management Program policies require that residential development projects avoid filling or permanently altering wetlands unless no feasible alternatives exist or an overriding public interest can be demonstrated. It also mandates a comprehensive evaluation of cumulative and long-range environmental impacts, especially in the context of preserving coastal resources. Neither of these policies are being followed here.

“When a tract has such significant natural resource value that Congress has specifically identified the critical need for protection by including it in federal acquisition plans, and when development plans for that tract include discharging stormwater directly onto protected federal lands, destroying wetlands and polluting our waterways with high-density septic systems, legal action is necessary to vindicate these wrongs,” said Amy Armstrong, Executive Director at SCELP.

In addition to fish and shellfish, over 293 bird species call the refuge home. The refuge is critical habitat for threatened and endangered species including the rufa red knot and piping plover. Black skimmer, Wilson's plover, black-necked stilt, and least and gull-billed terns rely on the refuge for nesting habitat. The largest wintering population of American oystercatchers along the Atlantic and Gulf Coasts is found at Cape Romain. The refuge is also the most important nesting ground for threatened loggerhead sea turtles on the East Coast north of Florida, and can receive over 3,000 loggerhead nests per season. Leatherback and green sea turtles also occasionally nest on the refuge. Cape Romain’s designations as a Class I National Wilderness Area and Outstanding Resource Waters highlights its importance for biodiversity and habitat preservation.

“Heightened protections for areas like the Cape Romain National Wildlife Refuge exist for a reason,” said Monica Whalen, Staff Attorney for SCELP. “The cumulative impacts of stormwater runoff from this project threaten the health of a place with exceptional environmental and recreational value, and the filling of wetlands would destroy important wildlife habitat, as well as their flood buffering functions.”
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MEDIA CONTACTS

Monica Whalen, Staff Attorney
South Carolina Environmental Law Project
monica@scelp.org, (843) 527-0078

Grace Gasper, Executive Director
Friends of Coastal South Carolina
grace@sccoastalfriends.org, (843) 697-7535

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The South Carolina Environmental Law Project is a nonprofit public interest law firm. We use our legal expertise to protect land, water and communities across South Carolina. Learn more at www.scelp.org.

Friends of Coastal South Carolina supports the respective missions of our coastal national wildlife refuges and forest through active participation in programs and projects that enhance these treasured resources. We work to instill a conservation ethic in students and encourage the next generation of scientists through our environmental education programs. Using our public lands as classrooms, our programs stimulate students’ interest in science and provide opportunities to participate in environmental stewardship projects. In addition to encouraging stewardship of our public lands through education, we also promote citizen stewardship through volunteer opportunities and advocacy. Learn more at www.sccoastalfriends.org.

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