Family Law Attorney in Awendaw, SC

AWENDAW — Construction on a development in the town’s White Tract might soon be put back on hold.

Two environmental groups are asking the S.C. Supreme Court to reinstate a freeze on the project while a legal challenge against the subdivision’s permits pushes ahead.

The Tract is located at the intersection of Sewee and Bulls Island roads just off Highway 17, where it abuts the Cape Romain National Wildlife Refuge on one side and the Francis Marion National Forest on the other.

A planned subdivision in the White Tract has been the focus of a yearslong battle between conservation and construction. In the latest entry in that dispute, the South Carolina Environmental Law Project and Friends of Coastal South Carolina in February filed a challenge to the development’s stormwater and regulatory permits.

The two groups say the project could harm the nearby wildlife refuge. A previous hold on the project stemming from that challenge was lifted by a court in mid-June.

Amy Armstrong, the executive director of the Law Project, said that weighing the environmental impact of a project after it’s already been partially constructed is essentially putting the cart before the horse.

“Protecting the status quo until the court can hear and decide the case is essential — otherwise a permit appeal would become moot before a judge could decide whether the permit is lawful,” Armstrong wrote in a news release.

Atlanta-based Pulte Homes plans to eventually build more than 200 homes across 182 acres on the Tract, according to the Law Project.

A spokesperson for Pulte Group, Pulte Homes’ parent company, did not respond to a request for comment on the latest legal move.

The environmental groups contend the homes’ septic tanks could illegally discharge human excrement into the refuge — a common issue in other septic tank developments across coastal South Carolina.

“If Cape Romain is not worthy of the highest level of protection, no place is truly protected,” Grace Gasper, executive director of Friends of Coastal South Carolina, wrote in a news release.

State officials are lending their support to the non-profits’ cause.

“These valuable wetlands, in their present condition, must be preserved and the site left undisturbed so as to prevent irreparable harm pending resolution of the contested case proceedings,” Tom Mullikin, the director of the S.C. Department of Natural Resources, wrote in an affidavit accompanying the groups’ Sept. 16 petition.

Mullikin noted that the project falls within the refuge’s congressionally approved acquisition boundary, meaning the feds have highlighted the area for future inclusion in the refuge. That means it’s also a conservation priority for the state, he wrote.

“Commencement of construction, including clearing, grading and filling of the wetlands, would permanently eliminate a resource of significant value to the State of South Carolina,” Mullikin added.

State Sen. Chip Campsen, who represents the area in the Statehouse, wrote in a separate affidavit that the pause should be reinstated while the legal battle continues. Campsen, R-Isle of Palms, said that allowing construction to continue before a court can formally weigh in on the merit of the environmental groups’ allegations, “set(s) a dangerous precedent for further degradation of our coastline in these environmentally vulnerable areas.”

Federal officials also have expressed concerns about the project. The U.S. Fish and Wildlife Service, which oversees Cape Romain, previously wrote that human waste, silt, fertilizers and other chemicals from the project could impact the area’s shellfish beds, potentially harming fish, wildlife and humans in the area who depend on the bedrock bivalves.

The cape is a critical habitat for nearly 300 bird species, several of which are federally listed as threatened or endangered. The area also is among the most important nesting sites on the East Coast for loggerhead sea turtles and can host more than 3,000 sea turtle nests per season, The Post and Courier previously reported.

The threat of leaky septic tanks in coastal South Carolina likely will increase in coming decades. Rising sea levels can push up the groundwater beneath septic drainage fields, disrupting the process that allows soil to filter all of the excrement out of waste water expelled from the drainage field.

AWENDAW, S.C. (WCBD) – Several environmental groups and officials are asking the South Carolina Supreme Court to intervene on a pending petition, wanting the court to reinstate a stay which would allow for a pause on construction.

The White Tract development is planned to be on Bulls Island Road, next to the Cape Romain National Wildlife Refuge. The first phase would fill in wetlands and create 27 homes, while the second phase would bring over 200 homes to the area. The Friends of Coastal South Carolina are concerned this proposed development may set a precedent for other projects if the intervention does not succeed.

“If it doesn’t warrant the highest level of protection than that’s really concerning for the precedent it would set going forward,” Grace Gasper, executive director of Friends of Coastal South Carolina, said.

The environmental group is being represented by the South Carolina Environmental Law Project. Amy Armstrong, chief counsel and executive director of SCELP, said they aim for the court to review the permits that we’re given to the developers and give the case due process.

“Basically it’s a challenge to the Department of Environmental Services permits that were issued for filling of wetlands, and the construction of the roads and the infrastructure associated with Phase 1 of White Tract,” Armstrong said.

Additionally, experts told News 2, constructing these homes near Cape Romain may possibly damage the area. They said some concerns include stormwater runoff, inevitable septic tank leaks, and the density of the homes.

“Once construction begins and wetlands are damaged, there’s irreparable damage. So, we’re hoping that will be put back in place just to give a chance – the legal proceeding a chance to be decided,” Gasper said.

The Sewee Bay, included in the wildlife refuge, contains Outstanding Resource Water, which is Armstrong said is the highest quality of water that can be found. It is a location where shellfish harvesting thrives, as well as being a safe place to swim. Larry Kobrovsky, council member for Charleston County, said he is in support of these groups’ actions as he hopes to help preserve this area for generations to come.

“The pristine nature of it – nowhere else can you have the quality of wildlife and nature there, people can access. That’s what makes it unique, and it would change all the in a heartbeat,” Kobrovsky said.

The South Carolina Supreme Court has not decided yet on whether it will hear the case. It is waiting for all responses including a reply from SCDES, and the last from SCELP by October 10.

AWENDAW, S.C. (WCSC) - A petition has been filed at the state court level against a home development near a Class I Wilderness area in Awendaw.

Pulte Homes LLC proposed 208 homes to be built on 182 acres of a portion of land called the White Tract in Awendaw. includes developing 27 homes that would fill in two acres of wetlands.

The Department of Environmental Services granted permission for the first phase to begin in December of 2024.

The construction raised concerns for environmental advocacy group Friends of Coastal South Carolina. The group’s executive director and Awendaw resident, Grace Gasper, says the high-density development will impact the protected Cape Romain National Wildlife Refuge and the quality of life for surrounding neighbors.

“That’s an awful lot of traffic to put on a little two-lane road in Bull Island and Sewee,” Gasper says. “There’s safety concerns, quality of life concerns, and how will development and land disturbance affect flooding and drainage for surrounding residents.”

Gasper says another concern is the development plan to rely on septic tanks. She says the number of septic tanks that would be placed in the area will impact residents’ reliability on groundwater as their water source.

Friends of Coastal South Carolina challenged the permit through the Southern Environmental Law Project. The work put a pause on the permit that slowed down any construction in the area.

The South Carolina Administrative Law Court lifted the permit pause on Aug. 8, according to a recently filed petition by the law firm.

Southern Environmental Law Project Executive Director Amy Armstrong says the petition brings the potential of irreparable harm that could happen to the land. She says the action was a high-stakes attempt to protect the rights of Friends of Coastal South Carolina and the surrounding community.

“They wouldn’t have a say if we didn’t take immediate action and ask the South Carolina Supreme Court to intervene and reimpose that stay and stop construction until we have that opportunity for administrative and judicial review,” Armstrong says.

Director of the South Carolina Department of Natural Resources, Thomas Mullikin, Ph.D., provided an affidavit as detailed in the petition.

“A portion of the project site is located within FEMA Special Flood Hazard Area Zone AE, which means the project will be constructed in a high-risk flood area where there is at least a 1 in 4 chance of flooding during a 30-year timespan. Floodplains function to support groundwater recharge, filter pollutants and abate floodwaters. Development within floodplains and the associated wetlands, including the placement of structure and fill, reduces flood-carrying capacity, increases flood heights and velocities, and increases flood hazards in areas well beyond the encroachment itself. Continued development of these critical areas can magnify documented flooding issues and cumulative effects should be considered. The SCDNR has raised concerns that the applicant has failed to consider vulnerabilities and sea level rise and storm surge scenarios in siting of the proposed project.”

South Carolina Senate District 43 Sen. George Campsen III also provided an affidavit in the petition.

“The permit and certification currently before the Administrative Law Court allow the Respondent Pulte Home Company, LLC to irreversibly eliminate almost two acres of wetlands, and the highly dense development will result in runoff that will negatively impact the precious resource of the Refuge. … I support the Court’s preservation of the status quo while my constituents exercise their right to meaningful review allowed under the state’s constitution.”

Live 5 News did reach out to Pulte Homes LLC for a comment. No comment was received.

Armstrong says the developer has around 15 days to respond to the petition after filing. She says the court should have documents in weeks.