VICTORY!! Kiawah Bulkhead Proposal

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Katie Zimmerman / 843 725 1292

KatieZ@scccl.org

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Status: Victory! The SC Supreme Court agrees that KDP cannot construct the major erosion control device in the critical zone on Captain Sam’s Spit per DHEC’s original decision. DHEC was right to consider holistic effects. http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=27065

What is the issue?

Kiawah Development Partners (KDP) is proposing to build a ½-mile long concrete bulkhead and 50 houses on the sandy inlet at the southern end of Kiawah on Captain Sams Spit. This sandy spit of land is highly mobile. The piping plover, diamondback terrapin, and bottlenose dolphins (among others) rely on this area for nesting or feeding.

In 2008, legislation was introduced to Congress that would have removed federal protections from this spit of land. Thanks to the immediate response of hundreds of Conservation League members and activists, the bill was withdrawn and the spit will remain in the Coastal Barrier Resources System. This federal law identifies naturally sensitive or erosional coastal areas and discourages their development by prohibiting federal subsidies in the form of federal flood insurance and hurricane relief.

Unfortunately, this victory has not prevented developers from moving forward with their plan to build on this volatile spit of land. In an effort to stabilize the sand spit enough to build a road, the developers sought a permit to construct a 2,783-foot concrete bulkhead on public trust tidelands which would impede the public’s use and enjoyment of this area.
The state only permitted 270 feet of the bulkhead along the parking lot at Beachwalker Park.

We recently spent five days at trial, represented by the South Carolina Environmental Law Project (SCELP), to ensure that the developer does not overturn the state’s denial of the long concrete bulkhead. The developer also filing a takings claim against South Carolina for denying this structure proposed on public tidelands.

In late October 2009, KDP was given permission for a 340-foot sheet pile wall that would be buried in the sand just inland of the river and act as an erosion control device when the river reaches it, to protect a possible future road and associated utilities for future development on the spit. The US Fish and Wildlife Service and the SC Department of Natural Resources requested denial of this permit because of threatened and endangered species. CCL appealed this permit decision because of impacts to the wildlife and natural inlet migration.

Recent success! Thanks to the testimony of CCL, SCELP, and the Friends of the Kiawah River, DHEC’s Board recently voted to deny the developer’s request for a permit for a 340-foot long sheetpile structure, overturning their staff’s decision. Our side pointed out cumulative impacts of the bulkhead and the development must be considered. The proposed bulkhead would ultimately affect the public use of the spit which has a long history of being highly mobile. The Board agreed cumulative impacts are a problem, asserting the developer’s claim that this permit application was not part of a plan to develop the spit simply “didn’t make sense.”

Friends of the Kiawah is a citizens group formed to protect the river and Captain Sams Spit. Visit their website for additional details. We will stay involved to ensure no settlement is reached that would allow the large damaging bulkhead.

How would it affect South Carolina?

Allowance of the erosion control structure along the highly mobile Captain Sams Spit affects pristine habitat for threatened and native species of South Carolina. It also effectively takes the rights of South Carolina citizens by building in public trust tidelands for private use.