Kiawah Development Partners II, Inc. (“KDP”) requested a permit to construct a 2,700' long articulated revetment and bulkhead along the banks of the KiawahRiver at Captain Sam’s Inlet on KiawahIsland. The purpose of the revetment/bulkhead is to prevent natural inlet migration and eventual formation of a new inlet and to stabilize the narrow strip of highground connecting Captain Sam’s Spit to the mainland of Kiawah. If the natural inlet migration and reformation are prevented, the developer can construct a road to the Spit thereby facilitating development.
The site of the proposed revetment/bulkhead is a pristine and undeveloped spit at the southern tip of the Island. This spit supports a thriving wildlife community, including designated critical habitat for the federally endangered piping plover and the Diamondback terrapin. The spit falls entirely within a designated COBRA zone under the Coastal Barrier Resources Act, which prohibits federal flood insurance in these areas. Congressman Henry Brown made an unsuccessful attempt at removing Captain Sam’s Spit from its COBRA designation that also would have facilitated development by allowed federal funding.
On December 18, 2008, the regulatory agency staff issued notice that it was authorizing the construction of 270' of bulkhead and articulated concrete block revetment along the northeastern end of the proposed project area, which is along the southwest portion of the parking lot at BeachwalkerPark. Staff denied the remainder of the structure (90% of what was requested) because of the long-range and cumulative impacts that would result if the revetment/bulkhead were constructed and the spit developed with 50 homes, as proposed by KDP.
KDP appealed the decision to the Administrative Law Court on January 21, 2009, asking the Court to allow it to construct the revetment/bulkhead as requested – 2,700' along the KiawahRiver. SCELP, on behalf of the Coastal Conservation League, filed an appeal before the ALC to ensure that the condition limiting the structure to 270' is kept in place, discouraging development of the spit. Our appeal was filed on January 27, 2009. The two appeals have been consolidated for hearing which is scheduled for the week of August 24, 2009.
The agency put serious emphasis on the long-range and cumulative impacts that will result if the revetment/bulkhead structure is constructed as requested by KDP, rather than a short-sited review without consideration of impacts from development of the spit which is certain to occur if the structure is constructed. We want to uphold the agency decision which incorporates broader policy-based management criteria.
Both the SC Department of Natural Resources and the US Fish & Wildlife Service recommended denial of the permit because of pristine, undeveloped nature of the spit and potential damage that could result if it were developed. We also have the support of expert coastal geologists from the Program for the Study of Developed Shorelines that will provide their expertise at trial.