Debidue Groins, II
On February 7, 2019, on behalf of the S.C. Coastal Conservation League, SCELP filed a Request for Final Review Conference with the S.C. Department of Health and Environmental Control Board of Directors challenging the agency’s recent permit issued to Debordieu Colony Community Association (DCCA) authorizing the construction of three groins on Debidue Beach. The proposed groin system would be located on the southernmost end of DCCA’s property, with the southernmost groin located on the boundary with Hobcaw Barony, the Baruch Foundation property that is home to the North Inlet-Winyah Bay National Estuarine Research Reserve (“NERR”) in Georgetown County.
The groins were intended to protect a narrow strip of oceanfront houses that were built well-seaward of other oceanfront houses at the southernmost tip of Debordieu Colony. The houses were armored with a partially-failing seawall, which was built parallel to the shoreline. The houses were unwisely built seaward of adjacent houses due to artificial beach accretion that resulted when canals were dredged in the salt marsh and the dredge material was placed onto the beach, in essence extending the shoreline seaward.
Groins are erosion control structures constructed perpendicular to the beach, typically in an effort to protect beachfront houses. Groins work by capturing sand as it moves down the beach through longshore transport; however, in doing so, groins act to deprive the downdrift beaches of sand. The downdrift beaches, in this case, are the beaches that buffer one of the few pristine estuaries left in the United States and one of only 28 NERRs in the country and the pristine North Inlet estuary, where the majority of the waters are classified as Outstanding Resource Waters – the highest water classification in the state. The North Inlet-Winyah Bay NERR is hosted by the University of South Carolina’s Belle W. Baruch Institute for Marine and Coastal Sciences where scientists have been conducting long-term ecological studies on the normal functions of estuaries for decades.
The permit decision authorizing the Debidue groin system was made in violation of applicable statutes, regulations and policies contained in the Coastal Zone Management Act (“CZMA”), S.C. Code Ann. §48-39-10, et seq., OCRM Regulations 30-1, et seq., the Coastal Management Program (“CMP”), and DHEC Regulations 61-101, et seq. Most specifically, the permit was issued in spite of the applicant’s multiple concessions that the permitted project will in fact have downdrift impacts in violation of applicable statutory and regulatory law. The groins will exacerbate erosion downdrift of the project, altering a pristine beach/dune system and harming the marine and wildlife which are dependent upon it. Baruch Foundation, which manages the North Inlet/Winyah Bay NERR also filed a Request for Final Review Conference with the DHEC Board.
On April 5, 2019, on behalf of the S.C. Coastal Conservation League, SCELP filed an appeal before the South Carolina Administrative Law Court, urging the court to overturn a permit granted by the state’s Department of Health and Environmental Control to construct three groins on Debidue Beach in Georgetown County.
A copy of the Request for Contested Case Hearing can be downloaded below.
As we did in 2011, the last time Debordieu Colony sought to construct a new groin field, we trust we will ultimately succeed in overturning the authorization for this unwise and destructive project.
On August 28, 2019, the Administrative Law Court denied DeBordieu Colony Community Association’s request to lift the automatic stay, which would have enabled it to begin constructing three groins on Debidue Beach.
"Citizens and communities deserve to know whether projects that would degrade and damage our natural resources meet all of the legal requirements before construction activities proceed, not after," SCELP Executive Director Amy Armstrong said in response to the order. "The decision affirms the importance of the Administrative Law Court to make that determination of a permit’s legality before construction occurs. In this case, we believe that the permit fails to meet the legal requirements and the groins should never be constructed."
"The court’s decision is a testament to the importance of the automatic stay," Coastal Conservation League Executive Director Laura Cantral said. "In 2018, we fought hard at the state legislature to protect the stay, a legal principle that protects the environment while citizens challenge government decisions that will forever damage their communities or natural resources. The court acknowledged that maintaining the stay in this case was in the public’s interest."
Constructing three massive groins on a stretch of fragile beach would absolutely cause irreparable harm — for downdrift beaches, for wildlife, and for one of the country’s last remaining pristine estuaries," Cantral continued. "Up and down the coast and in Columbia, the Conservation League will continue to fight more attempts to meet climate change and sea level rise with hard structures that jeopardize the present and future health of our beaches."
For the ALC to deny the motion to lift the stay, the groups had to prove that groin construction would likely cause irreparable harm; that they are likely to succeed on the merits of the permit challenge; that the equities favor continuing the stay; and that the stay is in the public’s interest.
The ALC found that the Conservation League through SCELP had met each of these criteria, specifically noting that DeBordieu did not have the funds in place to remove the groins if they were constructed prior to trial and that DeBordieu could not proceed regardless in the absence of an Army Corps of Engineers permit. The ALC also identified flaws in DeBordieu’s erosion rate claims.