Family Law Attorney in Awendaw, SC

Environmental groups cite concerns over wetlands, septic systems near wildlife areas

AWENDAW, S.C. (WCSC) — The South Carolina Supreme Court has reinstated a temporary construction pause on a 200-home development planned for Awendaw’s White Tract.

It halts all site work on the septic-dependent project.

The stay prevents developers from starting construction while Friends of Coastal South Carolina and the South Carolina Environmental Law Project present their case in court.

“They can’t clear it, they can’t grade it. They can’t fill in wetlands. They can’t begin construction,” said Amy Armstrong, executive director of the South Carolina Environmental Law Project.

Conservation groups argue the project poses several environmental risks, including filling wetlands that buffer against flooding and filter pollutants. The development site connects directly to Cape Romaine Wildlife Refuge and Francis Marion National Forest.

“We were really concerned when the work orders stay was lifted because one of the things that the judge mentioned was that an irreparable harm could be done, and yet this stay was still lifted, so we were incredibly grateful and really relieved that legal proceeding can go forward,” said Grace Gasper, executive director of Friends of Coastal South Carolina.

Amy Armstrong, executive director of the South Carolina Environmental Law Project, said septic systems in areas with shallow water tables and periodic flooding are prone to failure.

“When you have a shallow water table, when you have periodic inundation, when you have these systems that we don’t have any legal requirements to inspect and maintain them on a regular basis, they’re going to fail occasionally. What that means is that sewage gets into the soi,l into the groundwater, and then it gets carried up into the surface water,” Armstrong said.

Armstrong said between 10% and 40% of septic systems fail and leak annually, potentially impacting waters like Sewee Bay and Bulls Bay.

“It says a lot when the state’s highest court, the Supreme Court, weighs in recognizing that this is a really significant resource for the state of South Carolina,” Armstrong said.

The project will remain halted until courts determine the legality of the developer’s permits. Armstrong said that the process could take several months to more than a year.

After that Amstrong said they plan to appeal to the court of appeals if they receive an unfavorable ruling. That could extend the legal process another two to three years.

Gasper said she hopes the case will set a precedent for future developments to wait for court decisions before beginning work.

“Not the only community facing these issues, so I would just really encourage citizens to speak up when they have a concern and make their voice heard. That’s the only way we’re going to stop inappropriate development,” Gasper said.

AWENDAW — The state’s highest court has paused construction of a potentially pollutive subdivision on the doorstep of one of South Carolina’s most pristine wilderness areas.

In a Dec. 18 opinion, as a legal battle over the Awendaw development continues to unfold, the S.C. Supreme Court overturned a lower court decision that allowed construction to continue on the town’s White Tract.

“We’re relieved, because once the damage is done, it’s done,” said Amy Armstrong, executive director of the South Carolina Environmental Law Project, which is representing Friends of Coastal South Carolina in challenging the project.

The development, spearheaded by Georgia-based Pulte Homes, could bring about 200 septic tank-dependent homes across 182 acres on the tract, The Post and Courier previously reported. Parent company PulteGroup did not respond to a request for comment by deadline.

The project has raised alarms for nearby residents, state leaders and the local conservation community, who worry that the septic-dependent development would leak wastewater into the federally protected Cape Romain National Wildlife Refuge. The new homes fall within Cape Romain’s congressionally approved acquisition boundary, meaning the feds have highlighted the area for potential future inclusion in the refuge.

“At the end of the day, I think the collective desire among the conservation community is that this parcel is acquired and becomes part of the Cape Romain National Wildlife Refuge,” Armstrong said.

The court’s decision is the latest move in a legal battle over the environmentally sensitive area. The two conservation groups in January filed a challenge to the development’s stormwater and regulatory permits, triggering a hold on construction while the case progressed. In mid-June, an Administrative Law Court permitted construction to continue, even as it acknowledged the potential environmental impact of the development — a decision that spurred criticism from state leaders.

Then, in September, the conservation groups asked the state Supreme Court to intervene and reinstate the hold while the case remained active.

“Preserving these landscapes safeguards vital ecological systems and the heritage they represent — values that, once lost, cannot be replaced,” Tom Mullikin, the director of the S.C. Department of Natural Resources, wrote in a statement on the court’s decision.

The fight isn’t over.

In its opinion, the high court did not weigh in on the underlying merits of the case, only that the hold was appropriate. Given the possibility of appeals, the legal fight could stretch on for several years, Armstrong said.

“The long haul is going to be likely three years if Pulte continues to pursue its plans to develop the White Tract,” she said. “We’re not going anywhere. We’re pretty committed to fighting for this resource for as long as we need to.”

The White Tract development is broken into phases. Phase One, the focus of the S.C. Supreme Court’s ruling, includes 27 homes. Permitting for the rest of the project likely will be stymied by Awendaw’s recently-passed wetlands protection ordinance, which Armstrong previously said could force Pulte to clear additional hurdles for future phases.

The fight is part of the broader debate over septic systems in coastal South Carolina. Due to the state’s regulatory structure, which many conservation groups argue is deeply flawed, septic systems have proliferated across the coast in recent years, The Post and Courier previously reported. Meanwhile, climate change-fueled rising groundwater levels are making coastal septic systems less effective and more prone to discharges, according to the nonprofit Wetlands Watch.

Rural areas like Awendaw often don’t have a centralized municipal sewage system, leaving them with no other options for waste disposal. Some communities resist sewer for fear that it could spur development.