Tag: SC Wildlife Federation

Work on International Drive Can Continue

A state appeals court yesterday lifted an order issued last month stopping construction work on International Drive.

This reversal means the county can continue work stopped last month after the appeals court issued an initial injunction halting construction. According to the Friday order, work on the road may continue with the exception of connecting it to adjacent properties until a final decision in the appeals court is reached.

This latest ruling continues a pattern that has evolved in the International Drive saga in both federal and state courts as well as other administrative rulings. The county wins a decision to go forward, the environmentalists find a new roadblock to stop progress until the next court ruling sides with the county’s arguments.

The environmental groups’ attorney Amy Armstrong was quoted in media outlets saying a reconsideration of this latest order would be sought.

The environmentalist strategy of delay, delay, delay has been successful in stopping or seriously altering projects many times through the years.

Just to see how it works, below is a capsule synopsis of the delaying tactics used against the International Drive project:

Seventeen years ago, the Horry County Solid Waste Authority board discussed using authority funds to pave International Drive as a means of reducing garbage truck traffic on SC 90.

The environmentalists were never heard from during these discussions.

When the project began being talked about seriously at the county level (in the early to mid-2000’s), SCDNR chief counsel Buford Mabry showed up at a county council meeting to talk about the project affecting a pair of red cockaded woodpeckers that were allegedly nesting near the proposed road bed.

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International Drive Battle Continues – Update

Update

The most important decision in the Administrative Law Court hearing yesterday was no decision.

Administrative Law Judge Ralph Anderson declined issuing a restraining order from the bench to stop construction on International Drive. Anderson said he needs more time to study the legal points argued and will issue a ruling later.

Meanwhile work to construct a road bed continues on International Drive.

Since work on the roadway began after Anderson ordered a state permit to be issued in August the issue of stopping that work became more complex because a federal permit from the U.S. Army Corps of Engineers was also issued.

Anderson said he doesn’t know if he, as a state judge, has the authority to issue a stay on a federal permit.

It’s a pretty sure bet he doesn’t and work will continue on the road bed for at least 30 more days as an appeal of Anderson’s August decision winds its way to the S.C. Court of Appeals.

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Not ready to give up their obstruction attempts, the Coastal Conservation League and the SC Wildlife Federation are taking the battle to federal court with a new lawsuit filed against Horry County, the U.S. Army Corps of Engineers and the Environmental Protection Agency.

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International Drive Court Date Set

The International Drive project will have its day in court beginning February 16, 2016.

The scheduling order came down a few days ago from the Administrative Law Court. Three days have been set to hear the case.

The Administrative Law Court was established by a 1993 state law to allow citizens affected by the decisions of certain state agencies to challenge those actions. Previously, challenges were heard by hearing officers of the respective state agencies.

The lawsuit to be heard by the ALC was filed by the Coastal Conservation League and the SC Wildlife Federation. It challenges a decision by the SC Department of Health and Environmental Control to issue a water quality permit for construction and paving of International Drive to Hwy 90.

Think about this process for a minute.

The ALC was set up to allow citizens affected by decisions of state agencies to challenge those decisions.

The voters of Horry County passed the Ride II referendum, which listed International Drive as one of the projects on its list, in November 2006.

The citizens most affected by the International Drive project, those of Horry County, especially in the Carolina Forest and Hwy 90 residential areas, approved the construction project by referendum vote.

The Coastal Conservation League, which bills itself as working to protect the natural landscapes, abundant wildlife, clean water and quality of life in South Carolina, is not directly affected by the decision to go forward with International Drive.

In fact, I would submit the continued delaying tactics used by the CCL and its allies on the International Drive project works to reduce the quality of life of the citizens of Carolina Forest and Hwy 90.

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International Drive Stalemate

A recent meeting between residents in the SC 90 area and representatives of the Coastal Conservation League highlighted the International Drive stalemate.

According to sources familiar with the meeting, homeowners in the area want the road built and the environmentalists won’t give in unless they get their way.

Their way is to add millions of dollars to the cost of the project for bear tunnels, electronic warning signals, higher fencing and additional mitigation not needed for the project at the cost of a $1.6 million payment to The Nature Conservancy.

In other words, the environmentalist tactic is to delay the project for as long as possible and to add as much additional cost as possible in the hope the road project will be abandoned.

And I don’t believe these delaying tactics are about bears in the area at all.

Fifteen years ago, the Horry County Solid Waste Authority board discussed using authority funds to pave International Drive as a means of reducing garbage truck traffic on SC 90.

The environmentalists were never heard from during these discussions.

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International Drive Delays

The International Drive project is now awaiting its day in court.

According to sources familiar with the Administrative Law Court, the contested hearing before Administrative Law Judge Trip Anderson will be held sometime within the next 2-6 months.

Horry County has asked for an early hearing, but, if history on this project tells us anything, the Coastal Conservation League and its conservationist allies will delay as long as possible.

Since the SCDHEC Appeals Committee voted against a final review conference for the International Drive project, Horry County and the conservationists have had two face to face meetings and have exchanged several offers and counteroffers all to no avail.

A protest march before the Coastal Conservation League north coast office in Georgetown last month demonstrated the conservationists do not have public opinion on their side in this contest.

CCL and the SC Wildlife Federation requested a meeting with representatives of the groups that organized the protest, but that will not happen, according to sources familiar with the request.

That is probably a good thing because the typical tactic of the CCL and its allies is ‘divide and conquer.’

They haven’t counted on the determination of the homeowners in the Carolina Forest and Hwy 90 areas that will be helped by the construction of International Drive nor their unity in supporting the project.

In the filing to the ALC, the CCL and SCWF questioned whether there was a valid need for the road. They attempted to make a case that widening and other improvements to U.S. 501 are reasonable alternatives to the International Drive project. Those of us who live here know that is a ridiculous assertion.

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International Drive Latest

Letters are still being exchanged between Horry County and the Coastal Conservation League as the court filing deadline looms.

After the second meeting between Horry County officials and the conservationists ended abruptly with the demand of an additional $1.6 million payment from Horry County to The Nature Conservancy, Horry County sent a letter to the CCL to see if there were still possible areas of agreement.

According to sources close to the negotiations, the CCL answered with a letter and the county responded to that letter yesterday.

According to those sources, the CCL request for a $1.6 million payment from Horry County and the bear tunnels have been removed from the CCL demands.

Those two events would seem to put the two sides close enough together so that an agreement could be reached avoiding a request by the CCL for a contested hearing in Administrative Law Court.

However, as we have seen with this issue, nothing can be taken for granted.

In the meantime, the group from the Hwy 90/Carolina Forest area that went down to demonstrate in front of the CCL offices in Georgetown Wednesday is to be congratulated.

Citizens’ entrance into the political discussion that is the International Drive issue is important for both sides to understand.

The chant of “What do we want? International Drive, When do we want it? NOW” sums up the citizens’ position on the issue.

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Residents protest International Drive delays

The delays on beginning the International Drive project are becoming more and more of a concern to citizens of Carolina Forest and Horry County in general.

The breakdown in talks between Horry County officials and representatives of the Coastal Conservation League and SC Wildlife Federation last week resulted in more meetings among concerned citizens groups in the county.

Normally, the Coastal Conservation League and its allies depend on the support of the average public to be successful in meeting their goals.

The International Drive issue is working exactly the opposite. Regular citizens, all of whom understand the importance of the road for public safety and traffic inner-connectivity, are increasing their protests against the delaying tactics of the conservationists for no real reason.

And, if the environmentalists are not careful, the public outcry against the stalling of International Drive will manifest itself with other projects. This is definitely true if the propensity of the environmentalists to make demands for money, ostensibly to buy land not needed for mitigation on projects, continues.

Tomorrow, a group of citizens from the Carolina Forest and Hwy 90 areas will descend on the offices of the Coastal Conservation League to register a public protest. Read the announcement below:

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No Extortion on International Drive

Horry County Council gave a resounding NO to the possibility of giving any money to The Nature Conservancy for extra mitigation on International Drive.

The new request came up during a meeting between Horry County officials and representatives from the Coastal Conservation League and the SC Wildlife Federation.

Essentially what was asked for was the county to pay The Nature Conservancy approximately $1.6 million so that agency could purchase land to be used ostensibly for wildlife preservation.

Horry County Council Chairman Mark Lazarus ended the meeting after the new demand was made.

Lazarus reported on the International Drive project during the regular council meeting Tuesday night. He said he wasn’t going to give money from the taxpayers of Horry County to a private nonprofit organization so it could buy land.

It is probably not something that could legally be done either. International Drive is one of the projects paid for by the one cent local option sales tax (Ride II).

Ride II was approved by referendum of county voters in 2006. At that time, each project with the anticipated expenses associated with it was listed in the referendum. The county has already paid for the mitigation credits required by the US Army Corps of Engineers and SCDHEC for the project.

To expend extra dollars just to please conservation groups for land that is neither associated with the project nor required for mitigation certainly seems to be in conflict with state law on capital projects sales tax.

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More Talks for International Drive

Yesterday’s meeting on International Drive ended with further discussions scheduled for August 17, 2015.

According to several sources who attended the meeting between Horry County officials and representatives from the Coastal Conservation League and SC Wildlife Federation, yesterday’s talks were very cordial and very open.

The sources said both sides presented several options that could be considered for a compromise on the current International Drive standoff.

“We gave each other some options and both sides are going to talk about them,” said Horry County Council Chairman Mark Lazarus. “Hopefully when we get together on the 17th we can come to some type of agreement. If it works out, I believe everyone will be happy.”

Specifics on the options each side presented are not available. Lazarus said both sides agreed to keep those confidential until the next meeting.

Lazarus said he emphasized the importance of International Drive to the citizens of Carolina Forest and the strong support of citizens in the Carolina Forest area to getting the project completed.

The International Drive project was initially scheduled to be completed in 2013 as one of the last roads on the Ride II list of projects.

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International Drive Talks

Representatives from Horry County, the Coastal Conservation League and SC Wildlife Federation will meet this afternoon to discuss International Drive.

The talks will be an exploration to determine if any compromise is possible to get the International Drive construction started.

As of right now, the environmentalist groups have until August 29, 2015 to determine if they will appeal a recent decision by the SCDHEC board not to conduct a final review on the project.

If it comes, the appeal will be made to the Administrative Law Court.

Representatives of the CCL have indicated in media reports that they may be open to a compromise solution that would avoid more legal action and move the project along.

Horry County Council Chairman Mark Lazarus reached out to the groups after the SCDHEC decision to determine if any compromise is possible.

Lazarus told me he thought it was proper to take the initiative on attempting to find a compromise.

“IF it goes to court, I will feel better being able to say we tried to find a compromise,” Lazarus said.

I salute Lazarus on the attempt. There is really nothing that should be stopping the International Drive project from moving forward other than senseless roadblocks put up by the environmentalist groups.

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