Mountains & Marshes Winter/Spring 2014

South Carolina Environmental

Law Project

Lawyers for the Wild Side of South Carolina

The path toward safe, healthy and sustainable waste management has eluded South Carolina for decades. From being one of three states in the country to accept radioactive nuclear waste for disposal, to permitting massive landfills with disposal capacities far in excess of the amount of waste generated in our state, to allowing other states to spread their sewage sludge within our borders, our track record for achieving a safe, healthy and sustainable waste disposal plan is dismal. A confluence of factors have hampered our ability to implement meaningful health and environmental protections for the people of this state when it comes to handling waste: The massive lobbying arm of the solid waste industry; a state agency unwilling to place protective limitations on permits, much less deny a permit; an administration that is willing to sacrifice the very resources that attract people to this state in the name of being “business friendly;” and a lack of forceful advocacy to protect the public from the harms of inappropriate, unhealthy, unwise and outdated disposal practices. The good news is that new partnerships are forming, particularly in opposing proposed legislation that would open up the state to receiving more out-of-state waste than it already does. The coalition, Don’t Dump on SC, has the support of the Association of Counties, in addition to the state’s environmental groups, and will be airing TV ads in preparation for the legislative session beginning in January. We are optimistic about the ability to defeat the legislation. Yet defeat of this “flow control” bill does not solve all of our waste management problems, which SCELP has been battling for many years. This article reviews on-going and new cases which are part of SCELP’s strategy for limiting South Carolina’s exposure to the adverse and harmful impacts from poor waste disposal practices. First, we will update you on our battles against several solid waste landfill proposals and the Chem-Nuclear radioactive waste permit. Then we will introduce you to our newest case, which is a challenge to a sewage sludge disposal permit issued by DHEC to the City of Charlotte, allowing Charlotte to spread its sewage sludge in SC. . . . Continued on page 6

Will South Carolina Continue to be the Dumping Ground for Out-of-State Waste?

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A Note from the Director South Carolina

Environmental Law Project, Inc. (a 501c3 tax-exempt non-profit corporation)

Mission Statement To protect the natural

environment of South Carolina by providing le-

gal services and advice to environmental organizations

and concerned citizens and by improving the state’s system

of environmental regulation.

Board of Directors Frances Close, Chair

John Mark Dean

Margaret D. Fabri Dr. Paula Feldman David J. Harmon Gary W. Poliakoff

Leon Rice Robert Schofield

Wendy Zara Nancy Vinson

Staff

Amy E. Armstrong, Executive Director Michael G. Corley, Staff Attorney

Jessie A. White, Staff Attorney Phyllis A. Nisoff, Office Manager

Office address

430 Highmarket Street Georgetown, SC 29440

Mailing address P. O. Box 1380

Pawleys Island, SC 29585 Telephone: (843) 527-0078

FAX: (843) 527-0540 Website: www.scelp.org

Looking back over the past year, I am encouraged and proud of SCELP’s accomplishments. Organizationally, we have expanded to add three thoughtful, competent and dedicated people to the SCELP team – staff attorney Jessie White and Board Members Paula Feldman and Bob Schofield. These new Board Members bring added enthusiasm to SCELP’s Board of Directors, which is more energized than ever, having recently developed plans for our long-term sustainability and for our utilization of up-to-date technology at a Board Retreat in September. This organizational progress is all necessary for SCELP to improve our effectiveness and efficiency in carrying out our day-to-day legal work. Our legal work includes a variety of issues discussed in this newsletter – we have a total of five cases pending in the South Carolina Supreme Court; two cases in the South Carolina Court of Appeals; and seven cases pending in the Administrative Law Court, among others. We continue to set key legal precedents on a variety of issues ranging from wetlands and coastal resource protection, to standing and constitutional rights, following the example set by our founder, Jimmy Chandler. But our job has not gotten any easier. We are now defending our past successes against renewed attacks. The state political and administrative systems at times seem increasingly hostile to environmental concerns, even as environmental consciousness amongst our citizens grows. But with your help, we will keep fighting for appropriate enforcement of the laws and regulations that protect this state’s unique natural resources. —Amy Armstrong

How you can help… You help us continue our work with your contributions. Please log on to our website www.scelp.org to donate on-line or use the enclosed envelope

to mail your gift.

SCELP Hits the Road!

Last year SCELP and its Board decided to begin reaching out to our supporters through regular cultivation events across the State. We’ve already held events in Charleston, Kiawah and Columbia, and intend to add more locations in the coming year. We have really enjoyed getting face time with new and existing supporters, and valuable relationships have been built and strengthened as a result of these occasions. The events have proven especially successful in reaching out to folks that can’t make it to our annual Wild Side fund-raiser in Georgetown. Our loyal donors have played a large role in both hosting and organizing these events. If you have an interest in participating in one of these events as a host, or if you know where we should visit next, please contact Phyllis. Otherwise, we hope you will join us when we come to your part of the State!

Members of Chamber Music Charleston Perform at recent SCELP event

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Case Updates…

PORT EXPANSION—CHARLESTON, SC

As you may recall, SCELP is representing seven diverse groups from the Charleston area in challenging the S.C. Ports Authority’s (SPA) state permit for construction of a new cruise ship terminal at Union Pier to expand cruise operations in Charleston. Our clients have also brought a federal case challenging SPA’s federal permit for the project. We recently received some very good news in the federal case that potentially voids the state permit. In particular, a federal district judge decided that the Corps of Engineers artificially limited the scope of their analysis with regard to SPA’s proposed project, and he sent the matter back to the Corps for it to consider the full range of impacts that flow from port expansion and increased cruise ship operations. A new, more thorough and thoughtful federal permit will be required for SPA’s expansion plan. Under the regulatory framework, we believe that a new federal permit with a new scope of analysis necessarily changes the framework of DHEC’s state permit as well. The law on this point is complex, but sufficed to say that the state and federal regulatory programs for

this project interlock in both their factual and legal preconditions. On November 1, 2013, SCELP filed a motion to end the legal challenge in the Administrative Law Court and to send the state permit back to DHEC for additional review. SPA’s new terminal and expansion plans are aimed solely at increasing the number and size of cruise ships utilizing the Charleston Harbor. This case holds important consequences for the air quality, historic value, and overall quality of life in downtown Charleston. Please visit our website for more information.

NEW DEVELOPMENT IN FIGHT FOR CAPTAIN SAMS SPIT

SCELP continues to be a forceful advocate for the protection of Captain Sams Spit on Kiawah Island. In June of this year, we argued over whether the developer should be permitted to construct a half-mile long wall and mat along the banks of the Kiawah River to facilitate development on the ever-migrating Spit. That decision remains pending in the Supreme Court. And, in addition to the difficulty of building on the Spit’s shifting sands, the developer has another problem to contend with prior to development: acquiring the property rights to build an access road to the Spit. The developer will either need to construct an access road through Beachwalker Park, which is leased to Charleston County, or across an adjacent 4.62 acre parcel of oceanfront property. Those 4.62 acres were deeded from the developer, Kiawah Resort Associates (KRA), to the Kiawah Island Community Association (KICA) in 1995. In other words, the developer previously deeded away the very property it needs to construct its road for development. The parcel is held by KICA as “Common Property,” which is to be maintained in a natural state for the use and enjoyment of Kiawah Island residents and their guests. KRA is now claiming that the portion of the deed related to the 4.62 acre parcel was a mistake and has asked a court to delete that provision from the deed. SCELP has intervened in this case on behalf of the Inlet Cove Club HOA and the Kiawah Property Owners Group (KPOG), neither of which wants to see their scenic oceanfront property paved over to allow development of Captain Sams Spit. We are moving forward as the legal advocate for Inlet Cove and KPOG seeking to retain the 4.62 acres in its undeveloped state, with a trial scheduled on December 9, 2013.

Scene from Beachwalker Park, potential location for Spit access road.

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Our heartfelt thanks for the commitment of this year’s supporters.

AT&T Foundation Blackmer Family Foundation Frances P. Bunnelle Foundation Butler Conservation Fund Coastal Community Foundation Coastal Conservation League The Cleveland Foundation

Gaylord and Dorothy Donnelley Foundation Elston Family Foundation Freddie Mac Foundation Foundation for the Carolinas Historic Ansonborough Neighborhood Association

Keyserling Fund Mills Bee Lane Foundation Sierra Club–Robert Lunz Group The Springs Close Foundation The Sunshine Foundation The Tides Foundation Three Swallows Foundation

Foundations/Groups

Individual Donors

Atlantic House Restaurant Virginia B. Abbott Andrew & Karen Abrams Johnny & Scott Adams Leonard & Jane Adams David Allen Dennis & Wendy Allen Betsy Altman Frederick & Rhoda Anderson Thomas & Carol Anderson William D. Anderson, III Dr. & Mrs. William D. Anderson, Jr. Stuart & Arlene Andrews Amy E. Armstrong Reed Armstrong William & Melanie Armstrong William R. & Gail G. Armstrong Marguerite A. Assey Dr. Robert & Mrs. Jane Avinger, Jr. Frances Jo Baker Mary L. Ballou David & Kathy Baptiste Paul & Alicia Barnes Garland & Donna Barr Lynn & Porter Barron John & Barbara Barton Susan Bateman Dana & Virginia Beach Donald Belbutoski Frank & Ranlet Bell Dean & Carolyn Berry Dennis White & Donna C. Billings Michael P. Bivona Mr. & Mrs. J. B. Black Professor Robert T. Bockman George & Kathryn Boltwood Tez & Kay Bonnoitt Karen Ann Bostian Len & Mary Bottone Edward Sellers & Suzan Boyd James and Frances Boyd John & Kate Boyd Mr. McGregor Boyle William & Elizabeth Brabson Nancy J. Bracken Melissa Bradley Mr. & Mrs. James Brailsford, III David and Diane Branscome Emily Branscome Margaret Bridgforth William Shehan & Lee G. Brockington Lewis A. Broome Bob & Susan Brown Bill & Mary Bryan

Tom Kohlsaat & Mary L. Bryan James E. Bryan, Jr. Frank & Mary Gale Budzisz Robert & Melissa Buffington Bultz Law Offices Carol & Ross Burgess Deborah Burns Lindsay Burtchell Kenneth & Linda Button Elwyn Cahaly Joseph J. Calandra Dr. & Mrs. J. Robert Cantey Cornelia Carrier Leigh Carter Georgene S. Cassels W. Dennis Chamberlain, Esquire Penny Christensen Richard E. & Linda G. Clapp Mr. & Mrs. Cermette J. Clardy, Jr. Stanley & Susan Clarke Thomas Waldrep Clements Frances Close Lauren Lee Cobb Allen & Gladys Coles John & Barbara Collins Karen & Michael Collins Steven & Nancy Collum Peter Conway Cecelia Cook John & Kathleen Cooney Gary & Kelly Cooper Catherine Corley Bruce & Judith M. Coull Glenn & Myra Cox F. Ragin Craig Edna H. Crews Richard L. & Barbara D. Cross D.M. & M.B. Crutchfield Colin Cuskley Harry & Becca Dalton Harry & Luanne Davakos Reggie & Sudie Daves Keith E. & Dorothy R. Davis David B. & Nancy S. Day John Mark & Robin Dean Catherine Desportes Edwin Hettinger & Bev Diamond Ann Dibble Stephen & Rosanne Dixon William & Louise Doar, Jr. Paul Donnelly Beverly Dougherty William E. Dufford Jan Duke Bill & Sheri Duncan Michael & Ann Dwyer Sherod Eadon, Esquire

Dr. Robert E. Eckardt Scott Evans Margaret & Jon Fabri Dwight & Mary Jo Fee Robert J. & Linda Feller Edmund J. & Patricia R. Fitzgerald Professor James Flanagan & Katherine Wells Maggie & Chuck Ford Walter E. & Mary R. Fortuna Sarah C. Fox Palmer & Jane Freeman Hal French Mr. & Mrs. A. S. Frierson Sallie J. Fuerth Frances T. Gates Gwendelyn Geidel Laney & Nancy Gibbes Steve & Joy Gibson Thomas E. & Sarah M. Gillespie Craig & Sharon Gilman Drs. Will Graf & Pat Gilmartin Steve Goggans S. Annette Goings Malcolm Goodridge Rajan & Suman Govindan Dr. & Mrs. George Greene Emily S. & Stephen Greenberger Lise Temple Greenburg Jackson V. Gregory Nancy Griffiths T. Compton Groff Virginia M. Grose Nancy Barton & Bob Guild Michael & Claire Gwyn Caren Haas David & Elizabeth Hagood Madeleine Hahn Paul Haklisch Susan Hamilton Michael & Terry Hannon Bill & Eleanor Hare David J. Harmon Gerald & Linda Harmon Suzanne Harris John & Mildred Hart, Jr. Jonathan Harvey Janet & Bill Hassell Lewis Hay Clarke L. & Virginia K. Hayes Gerald F. & Claire M. Hazen Ernest L. Helms, III Richard F. Hendry W. J. Hennessy, Jr. Fred B. Herrmann Richard Heusel Robert & Carla Higgins

Matthew & Amy Hill Jane Hinton-Smith Daniel Hitchcock Stephen & Susan Hoffius James & Margaret Hoffman Frank S. & Anne B. Holleman, III Linda & Woody House Brad R. Huber Thomas B. & Lily Grace M. Hudson Carey Huffman F. E. Huggins, Jr. Thomas & Laura Hughes Ann Dreher & Robert Hungerford Daniel & Laura Hunnicutt Sloane Hunter Paul G. & Susan L. Huray John & Paulette Hynes Harford W. Igleheart, Esquire Cheryl & Joseph Issac Bo Ives David B. & Sharon Jennings Mark Tompkins & Trish Jerman Michael & Denise John Dr. Gordon Johnson Elizabeth G. Joiner Hudson Jones Robert & Helen Jones Cynthia Flynn & Guy T. Jones, II Susan T. & John A. Joseph, Jr. Natalie Hevener Kaufman Barry & Joan Kelly Jenny Hagan Kelly Ronald Sobczak & Kathleen Kempe Linda & Larry Ketron Paul Keyserling Elizabeth Kimball Randolph & Patricia Kirkland Mr. & Mrs. Harold Kline Diether & Reinhild Klingelnberg Ronald & Denise Klizek John & Carol Kososki John & Katherine Kotz Jane Kramer Hobart W. & Carol B. Kraner Kenneth & Joan Kreikemeier Bill & Nancy Kreml Susan W. Krowka Thomas & Wendy Kulick Mary Langrall David & Marilyn Larach Jerrold Griggs & Deynise Lau Bobbie H. Lawson Wood N. Lay Laura Lee

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Mr. & Mrs. Frank M. Lee John & Lynda Leffler W. E. & Diane Z. Lehder, Jr. Jane R. Lemmon Ross & Katharine Lenhart Richard Brice & Clara J. Leonard Charles H. Lesser Susan Libes Sandy Linning Kathie Livingston Langdon D. & Jessie Long Justin O'Toole Lucey, Esquire Adrienne Lustig Henry Nechemias & Valerie G. Marcil Alexander Marshall Pamela & Bill Martin Katherine Matthews Ronald A. Maxwell, Esquire Mr. & Mrs. David Maybank, Jr. William & Jerry McAninch Lee & Mary C. McBride April McCall John F. McCartney Keith C. McCook Hillary J. McDonald Jerry & Tammy McGee William McKeever Ian & Goffinet McLaren Janet Swigler & Jim McMahan Robert F. McMahan, Jr. Barbara & Charles Measter Colie M. & Joyce A. Metts David Michaux IV Don Miller David & Tina Mims Mr. & Mrs. Boulton D. Mohr Perry & Marlene Molinoff Valerie Moliterno John & Bonnie Montgomery Jane Lemmon Moore Laura W. & Tyre H. Moore Richard & Robin Moore John Morrison Paul & Jane Ann Mougey Joseph B. & Mary Y. Mueller Dr. Paula Feldman & Peter Mugglestone Mr. & Mrs. George W. Mullin Terry & Patricia Munson Catherine Murphy Thomas M. & Sally R. Murphy Jeanne W. Myers Cynthia L. Mynatt Phillis Newman Hank Stallworth & Ann Nolte A. R. & Barbara Nourie Franklin Nutter Rowena C. Nylund Lawrence Olanoff Christopher Olds Joseph & Christie Owens Coleman & Virginia Owens, Jr. Kathy Parks Lillian & Henry Parr Debra & Ted Passig Erin Hardwick Pate Hayes H. Patterson, Jr. John L. & Carolyne A. Peachey H. E. Pearce, Jr. Annette Perreault Lloyd & Linda Peterson Steven Pierce

Joe & Joy Pinson Nicholas V. Pizzey Dr. & Mrs. T. Carroll Player, Jr. Patricia & Harry Polychron Barbara & David Postles Cynthia Swanson Powell Michael & Virginia Prevost Norris & Lucy Preyer Kevin & Mary Prince Ward & Karen Pritchett Gary & Sheila Quigley Lowell & Martha Dee Rausch Cravens Ravenel The Honorable Arthur Ravenel, Jr. Robert P. & Ann L. Rebhan Shawn L. Reeves Mr. & Mrs. J. Michael Rehm Barb Rehm Curtis A. & Suzanne H. Rhodes Jan & Leon Rice Terry E. Richardson, Jr., Esquire Frances J. & Arthur L. Rickenbaker Drs. David B. & Emma Jane Riddle Mr. & Mrs. Henry F. Rivers, Jr. Deborah Robertson Jeanne B. Robinson Douglas J. Robinson, Esquire Abigail Rogers Sue Rose Samuel H. & Sara Beth Rosen Anne Sinclair & Julian Ruffin Jamie Brownlee & David G. Russell, Esquire Alex & Zoe Sanders Henry Sanders John O. & Geales Gavin Sands Frank M. & Elizabeth O. Sawyer Robert Schofield, III Charles & Pat Schooler Robert W. & Anita N. Schuhmacher Charlotte Caldwell & Jeffrey Schutz J.C. & Evelyn P. Scott Norm & Linda Sharp Chris & Barbara Sharpless George & Josette Sharwell Paul and Deborah Shea Janice S. & T. Grange Simons, V Wilson & Ann M. Sims, Jr. Robert & Randy Slovic James & Elizabeth Smiley Dean L. & Rita G. Smith Gerald & Patricia Smith Karen Sundberg & Erik Smith Margaret Creighton & Robert P. Smith Ryan & Erin Smith Joel & Kit Smith, III Richard & Anne Smith, Jr. Paul & Wendy Smolen George Smyth, Jr. Rebecca G. Sparrow Elizabeth Spence Dan & Eve Moredock Stacey Fred & Alice Stanback, Jr. Ann & Walter Stanton Todd & Janet Stephenson Deborah Stirling Debra E. Stokes, Esquire

Harold & Claudia Stowe Eugene Sullivan Charles Summerall Charles & Squeaky Swenson Swiss Miss Dairy Michael T. Swomley Jody & Anne Tamsberg Barry & Leslie Teague Benjamin & Jane Ten Eyck Christine Thomas Stephen & Martha Thomas William Thomas Melanie & Rich Thomas, M.D. June Thomas-Hedges Thomas & Sarah Ann Thompson Susan Thorpe & John Baynes John Tiencken Michael W. Tighe Ben Gregg & Ann Timberlake Clyde & Carlin Timmons Walter Todd, Jr., Esquire Dan & Cindy Tufford Joseph A. & Sharon P. Turner Skip Van Bloem John F. Van Dalen Greg A. & Laura S. VanDerwerker Kent & Diane Vannier Gene Varn F. John Vernberg Jerry S. & Carolyn S. Voight Christine von Kolnitz Cooley Yaupon Garden Club Jan K. Collins & Ted Wachter Candy Waites Laurie Baker Walden Holly Watts Richard & Amy D. Webb Susan Webb Jay K. Weidner Alan Weinberg Robert M. & Anne H. Weir Robin Elise Welch Robert E. Welch, Jr. Elvira Wemmer Randy Wentsel Edward J. & Liesl Hughes Westbrook Janet Wedlock & Joe Whetstone David & Betsy Whitaker Susan & Tom White Amelia Wilkinson Barbara S. Willhoft Alan & Sandra Williams Benjamin F. & Ann Williamson John & Sandie Williamson Cecil Wilson D. Mark & Leslie F. Wilson Jeff & Sarah Wilson Zane Wilson Dr. & Mrs. John W. Wilson, Jr. Garvey & Carol Winans Dr. Jerry Winfield D. Reid Wiseman Robert W. & Anne P. Withers John & Sue Womack Thomas M. Wood Diane Smock & Brad Wyche Karen Yaniga Linda Yarnell Arthur Zackrison Wendy Zara & Dean Moss Dr. Barbara Zia

HONORARY & MEMORIAL DONATIONS

In Memory of Jimmy Chandler

Marguerite A. Assey Dr. Robert & Mrs. Jane Avinger, Jr. Mr. and Mrs. Cermette J. Clardy, Jr.

In Honor of Alan Altman

Richard F. Hendry Geales Sands

Frances P. Bunnelle Foundation

In Honor of Amy E. Armstrong Dr. Robert & Mrs. Jane Avinger, Jr.

In Honor of

Dr. William Armstrong Paul & Deborah Shea

In Honor of Lee Bowers, Esq. Ben Gregg & Ann Timberlake

In Memory of John Bracken

Linwood & Nancy Altman Michael Cameron &

Darlene Adams John & Elizabeth Charles

Frances Cone Jerry & Cynthia Harris

Cynthia MacLeod Donald Nilles

Pawleys Island Realty Annette Perreault Rebecca Sparrow

Joseph & Sharon Turner Sheryn Elaine Spencer Waterman

Webb, Richard & Amy

In Memory of Judge William Campbell

Keith E. & Dorothy R. Davis John Mark & Robin Dean

Jackson V. Gregory

In Honor of Carol B. Ervin Ann Dibble

In Honor of Yancy A. McLeod, Jr.

& Yancy A. McLeod, III McGregor Boyle

In Memory of Rocco Olivieri

Glen & Myra Cox

In Honor of Rob Rigler Cynthia Swanson Powell

In Honor of

Mrs. Sarah Williamson of Darlington County, SC Ernest L. Helms, III

In Memory of Susan G. Robinson

Benjamin F. & Ann Williamson

In Honor of Mr. & Mrs. John Barton

Susan Thorpe & John Baynes

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Landfills: SCELP now has two cases pending before the Supreme Court challenging DHEC permits authorizing the construction of new landfills in South Carolina. The problem with these landfills can best be exemplified by the simple fact that South Carolina already has permitted 4.4 million tons of construction and demolition landfill capacity in a state that only

generates 2 million tons of that waste. On October 2, the Supreme Court heard oral arguments in the first case, a challenge by Engaging and Guarding Laurens’ Environment, to a permit authorizing a new landfill in the Gray Court area of Laurens County – a county which generates 17,000 tons of C&D waste and is already permitted to accept 250,000 of C&D waste. The Supreme Court has also decided to hear another of our landfill cases, a challenge to a proposed new landfill in York County. In that case, DHEC has ignored an ordinance passed by York County to prevent unneeded, unwanted and unnecessary new landfills from operating within its borders. We are in the process of preparing our legal arguments in briefs that we will submit to the Court.

Radioactive Waste: Another chapter in our waste management story includes South Carolina’s history of being one of three states in the entire country that accepts radioactive

nuclear waste. It was in 2005 that SCELP, on behalf of the Sierra Club, first launched a challenge to the radioactive waste permit issued to Chem-Nuclear in Barnwell. That challenge has a protracted history that extends through today. We were initially successful before the Court of Appeals, who remanded the case back to the Administrative Law Court to apply its findings related to the “monumental hazardous conditions that can result from tritium and other radioactive materials leaching into the soils, and, in turn, into the groundwater.” The ALC however did not see any problem with Chem-Nuclear disposing of radioactive waste in concrete containers with holes in the bottom and with ungrouted lids. We have appealed the ALC’s second decision to the Court of Appeals and recently received notice from the Court that it plans to conduct oral arguments in February of 2014.

Sewage Sludge: South Carolina is not just at risk for becoming a mass dumping ground for other states’ garbage. DHEC recently granted the City of Charlotte a permit to dump its sewage sludge across thousands of acres of agricultural fields in Chester, Fairfield, Lancaster and York Counties. “Sludge” is the solid byproduct of wastewater treatment, and it contains basically everything that finds its way into Charlotte’s sewer system, including: pharmaceuticals, heavy metals, phosphorous, nitrates, and chemical pollutants. To make matters worse, DHEC has authorized Charlotte to apply minimally-treated “Class B” sludge, which contains active viruses and bacteria, including those very harmful to human health. The sludge is purportedly applied to these fields as fertilizer, though Charlotte’s method of application – one mass spreading on top of the ground – is entirely incompatible with sound agricultural practice. The result of this over-application has not surprisingly been runoff into adjacent water bodies. Indeed, DHEC has acknowledged an over-abundance of phosphorus and other pollutants extending well downstream from the sludge application area, though it refuses to attribute that problem to sludge. SCELP has challenged the sludge permit in the Administrative Law Court and is representing two farmers whose health, livelihood and property value stand to be significantly diminished.

South Carolina as dumping ground…

Continued from cover . . .

Alfonzo Wherry stands outside a field in Chester County where sewage sludge was being sprayed. Mr. Wherry is one of our clients.

(Courtesy of Charlotte Observer)

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We are pleased to announce that the fourth annual Wild Side event was a resounding success! We are humbled by the number of sponsors, volunteers and donors that gave so generously toward creating a truly special night. While there are too many people to thank here, please know that your generosity is received with the utmost appreciation. Those in attendance at this year’s event looked to be in particularly high spirits. We work very hard to put the Wild Side event together, but when the evening arrives, it is truly one of the most enjoyable nights of the year for SCELP staff. We hope those in attendance share that sentiment. We particularly enjoyed meeting all the first-time attendees at this year’s event, including some that traveled many miles.

This year’s event was highlighted by a nature walk and speech by Dr. Patrick McMillan, host of “Expeditions” on ETV. As the sun set over Winyah Bay, Dr. McMillan delivered a speech focusing on the role of change in the natural world, and particularly on the way that change had shaped the lowcountry landscape in our view from the Hobcaw House. South Carolina is lucky to have such a charismatic and knowledgeable spokesman for the natural world. Next year will unbelievably be the fifth Wild Side event. Our fledgling idea for an annual get-together for SCELP supporters has morphed into a well-established yearly tradition. We hope that you will make the Wild Side a regular entry on your social calendar!

SCELP’s 4TH ANNUAL WILD SIDE

Thanks to our Gold and Silver Sponsors that helped make Wild Side a success!

Harry and Rebecca Dalton

Georgetown County Environmental Protection Society

Bob and Jane Avinger

Ragin Craig Family

Sally Mitchell

Leon and Jan Rice

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SCELP and the Coastal Conservation League are again teaming up to fight an illegal salt marsh fill in the Cherry Grove area of North Myrtle Beach. SCELP and the League have a long history of advocating for the protection of salt marsh in Cherry Grove. It began in the late 1990s when former State Senator Johnny Jenrette sought permission to fill salt marsh in connection with a proposed development called Heritage Shores. We prevailed in that battle, preventing any fill and dedicating parts of the property, which consists of interspersed islands, marsh and canals, for public use and use

by the Boy Scouts. The salt marsh in Cherry Grove has since been threatened by certain individual landowners, who have acted in defiance of our Coastal Zone Management Act by filling in portions of that marsh without permission. SCELP previously represented the League in a case before the Supreme Court, who ruled in 2010 that a Cherry Grove landowner violated the law by filling in salt marsh beyond what was authorized under his permit. SCELP has now learned that another landowner in the Cherry Grove area, Tommy W. Berry, was issued a critical area permit for the construction of a replacement bulkhead. The permit was issued with conditions, including a special condition requiring that the new bulkhead be placed in the same location as the existing bulkhead. No fill was authorized under the permit, yet Mr. Berry placed fill material up to twenty (20) feet into the salt marsh. Mr. Berry is contesting DHEC enforcement, and SCELP has filed a motion to intervene on behalf of the League.

New Cases and Issues

DEVELOPMENT OF PAPPYS ISLAND

SC has a vast system of salt marshes along its entire coast. These marshes are critically important as a nursery for small shrimp, crabs and fish, which seek protection from predators amongst the grasses. This important resource faces

constant development pressure from actions like that shown above.

BERRY WETLAND FILL INTERVENTION

SCELP is representing the Coastal Conservation League in a new case aimed at protecting the sanctity of the Cape Romain National Wildlife Refuge, one of the most important natural areas in our State. The Refuge covers 66,287 acres of contiguous lands and waters between Georgetown and Charleston, encompassing water impoundments, creeks, bays, and barrier islands. In total, the Refuge covers 22 miles of undeveloped shoreline, part of the largest stretch of undeveloped shoreline on the entire east coast. As the map on the right shows, the Refuge generally covers everything seaward of the Intracoastal Waterway, with the exception of a very small area near McClellanville. Pappys Island is a small marsh island that falls within this excluded area. In sum, Pappys Island, which is surrounded by Cape Romain Refuge, is the only potentially-developable high ground seaward of the Intracoastal Waterway for at least 22 miles. Pappys Island is now targeted for development. Developers have applied for a septic permit and a dock permit for Pappys Island. DHEC recently issued the dock permit, and SCELP is challenging that decision. The proposed dock would be the only manmade structure on the seaward side of the Intracoastal for the entire length of the Refuge. Our challenge will focus on the impacts that the dock and subsequent development will have on a truly unique natural area.

Pappys Island