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Status: Coastal Conservation League and Save the Angel Oak, represented by the SC Environmental Law Project, appeal wetland permits for the development. First day of trial reports here: http://www.thestate.com/2012/04/04/2219916/famed-angel-oak-threatened-judge.html

What is the issue?

The Angel Oak, believed to be one of the oldest trees in the eastern half of the United States and an iconic image for the Lowcountry, is located in a small City park on Johns Island. The tree is neighbor to the Sea island Comprehensive Health Care nonprofit, which sold 42 acres of land to a developer to overcome bankruptcy in 2005. This proposed development would be located on a tract of land at Maybank Highway and Bohicket Road, and is designed as a Planned Unit Development (PUD) which mixes commercial and residential use.

We originally weighed in on the project due to concerns over water quality, as the runoff in the area could affect the wetlands and ultimately Bohicket/Church Creek. The development is endorsed by Charleston’s City Council and Planning Commission, as long as the developer follows certain guidelines, including creating buffers around the Angel Oak and along Angel Oak Road, and a 7-acre conservation zone near the Park. A hydrologist and tree expert hired by the developer assert the Angel Oak will not be harmed. A botanist requested by the League, as well as weighty citizen opposition, believes otherwise. In addition, the Army Corps reversed its determination of some of the wetlands, asserting they are jurisdictional (connected to Church Creek).

We have promoted the idea that Phase II of the development should become an expanded public park area, which would include the historic Angel Oak and an interpretive learning area to teach visitors about the Gullah/Geechee history and culture, as well as the important local contributions to the nation’s Civil Rights Movement. When we suggested the idea to the developer, citizens in opposition, members of the Sea Island Comprehensive Health Care Board, and members of the Gullah/Geechee Heritage Corridor Board, all agreed that it was worth researching. CCL has moved ahead with the initial stages of research, including an appraisal of the property, and provided that information to the developer.

Recently, the developer has asked City Council to endorse an application to the Charleston County Greenbelt Program, using taxpayer dollars to purchase the “conservation” zone. This is not a good use of public funds, especially since the developer’s appraisal of the property is highly inflated, and the wetlands would still not be protected. City and County Councils have approved the application, while the developer is also applying to fill jurisdictional wetlands. We are researching and appealing these actions.

How would it affect South Carolina?

Allowing the jurisdictional wetlands to be filled in Phase I will affect local water quality in Church Creek, which has already been deemed impaired.

Turning Phase II of this development into an interpretive learning center for visitors to explore the history and culture of Gullah/Geechee people and the sea islands’ contribution to the Civil Rights Movement would address a long overdue need for education on these subjects. Visitors are attracted to the Angel Oak from near and far, and would benefit from learning about the heritage surrounding it. Phase II used as green space would also protect the historic Angel Oak and the local water quality associated with nearby wetlands.

What can you do about it?

Call or write the Army Corps of Engineers and SCDHEC/OCRM to let them know that you are concerned about allowing jurisdictional wetlands to be filled:

CHARLESTON DISTRICT, CORPS OF ENGINEERS
69A Hagood Avenue
Charleston, South Carolina 29403-5107
and the
S.C. DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
1362 McMillan Avenue, Suite 400
Charleston, South Carolina 29405

Refer to: P/N # SAC 2008-1403-SIR (REVISED)
Richard Darden at 843-329-8044 or toll free at 1-866-329-8187

Call or write Charleston City Council to let them know you support Phase II of the proposed Angel Oak development as public greenspace and an interpretive learning center. Tell the Gullah/Geechee Heritage Corridor of your support as well: http://www.nps.gov/guge/contacts.htm

  • We gain a valuable educational center and protect the Angel Oak and wetlands.
  • A development is built adjacent to the historic Angel Oak, and we lose the opportunity to learn about a culture and history integral to the Lowcountry.

U.S. Army Corps of Engineers reverses decision–wetlands now under federal jurisdiction

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