A major win in the Awendaw community’s fight against a dense, septic-dependent housing development brings hope for the ecologically sensitive Cape Romain National Wildlife Refuge. 

In mid-June, Judge Philip Lenski at the Administrative Law Court (ALC) granted Pulte Homes’ Motion to Lift a Stay, allowing construction to begin while the legal challenge to a stormwater permit and Coastal Zone Consistency Certification is still pending. 

On behalf of the Friends of Coastal South Carolina, the South Carolina Environmental Law Project filed a Petition for Extraordinary Writ with the South Carolina Supreme Court, requesting that the stay be reinstated so that construction is paused until the ALC holds a hearing and determines whether the permit and certification comply with the law. 

Ultimately, the South Carolina Supreme Court vacated the ALC’s Order releasing the automatic stay and reinstated the stay until resolution of the contested case in the ALC. 

“The reinstated stay acts as a safeguard for the due process rights of citizens to petition the government, obtain a hearing and secure administrative and judicial review. Without this Order, if the harm sought to be avoided through a permit challenge was allowed to occur, these rights could have been rendered meaningless,” said Amy Armstrong, Executive Director of the South Carolina Environmental Law Project. “Protecting the status quo until the court can hear and decide the case is essential – otherwise a permit appeal would become moot before a judge could decide whether the permit is lawful.”

The proposed development allows for approximately 208 homes on 182 acres on a property known as the White Tract, adjacent to the ecologically sensitive Cape Romain National Wildlife Refuge. Friends of Coastal South Carolina’s challenge involves the first phase of the project, which will fill in almost 2 acres of wetlands and disturb 17.6 acres to facilitate construction of the first 27 homes.

“In this case, the ALC found that the wetland fill and plan to route stormwater through the Cape Romain National Wildlife Refuge and into Outstanding Resources Waters would result in irreparable harm,” Armstrong said. “We feel encouraged that the South Carolina Supreme Court recognized that such harm should not occur before Friends of Coastal SC has its day in court.”

Pausing construction while the legal case progresses not only protects the environment and the health of the Refuge and its wildlife, but also preserves due process rights. This Order affirms the South Carolina court precedent and the Constitution’s guarantee that no person shall be finally bound by a judicial or quasi-judicial decision of an administrative agency except on due notice and an opportunity to be heard, along with the right to judicial review. Our courts have said that the “requirements of due process include notice, an opportunity to be heard in a meaningful way, and judicial review.” Friends of Coastal SC’s right to have a hearing before the ALC and the appellate courts is no exception. 

The White Tract’s location next to Cape Romain and its designation within the congressionally authorized acquisition boundaries – meaning Congress has pre-approved acquisition of the property into the Refuge – underscore the exceptional ecological and recreational significance to the state of South Carolina. 

“South Carolina’s lands reflect generations of natural and cultural history, and SCDNR is constitutionally mandated to protect and conserve these resources for the benefit of all South Carolinians,” said SCDNR Director, Dr. Tom Mullikin. “Preserving these landscapes safeguards vital ecological systems and the heritage they represent—values that, once lost, cannot be replaced.”

Senator Chip Campsen also submitted an affidavit in support of the petition. He explained how he intentionally sought to have Cape Romain included in his district, even though it contains no voters. That is because of his “many experiences and adventures in the Cape Romain National Wildlife Refuge,” including archery hunts, tarpon fishing, and he “even gave my future wife her first kiss on a barren Bulls Island beach.” Senator Campsen noted that the ALC Order “provides no opportunity for administrative and judicial review of the construction that will certainly damage this fragile area and set a dangerous precedent for further degradation of our coastline in these environmentally vulnerable areas. I support the Court’s preservation of the status quo while my constituents exercise their right to meaningful review allowed under the state’s Constitution.”

The Refuge is designated as a Geographic Area of Particular Concern, as well as a Class I National Wilderness Area and Outstanding Resource Waters, all of which provide 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 onto the Refuge.

“We are grateful the State Supreme Court has ensured this irreplaceable ecosystem will remain undisturbed while the legal process moves forward,” said Grace Gasper, Executive Director of Friends of Coastal South Carolina.

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. SCELP’s legal challenge argues that neither of these policies is being followed here.

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.”

“This development poses a serious threat to one of our State’s national treasures and sensitive areas,” said Leslie Lenhardt, Senior Managing Attorney at SCELP. “We are relieved that the Supreme Court of South Carolina has paused construction while significant concerns about the adequacy of the permit and certification application remain unresolved.”

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Amy Armstrong, Executive Director 
South Carolina Environmental Law Project 
amy@scelp.org, (843) 527-0078 

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