Aside from a small cutout at McClellanville, the seaward side of the Intracoastal Waterway (“ICW”) serves as the Refuge’s border for the entire 22-mile stretch. Pappa's Island falls within this small excluded area. In short, Pappa's Island appears to be the only potentially-developable high ground seaward of the ICW for at least 22 miles. Pappa's Island is surrounded by the Refuge, and the proposed dock would be the only man-made structure on the seaward side of the ICW for the entire length of the Refuge.
Our challenge to this permit in the Administrative Law Court (“ALC”) focuses on the direct and cumulative impacts of development in this unique natural area. Both the Critical Area Regulations and the Coastal Management Program (DHEC has given the dock approvals under both) give special weight to unique, high-value natural areas.
We are pleased to report that we have worked collaboratively and successfully with the U.S. Fish & Wildlife Service, The Nature Conservancy, the Coastal Conservation League and the Open Space Institute Land Trust (“OSI”) to ultimately transfer Pappa's Island into the Cape Romain Wildlife Refuge, where it will remain protected. Accordingly, we dismissed our challenge to the dock permit in the ALC.
We could not have asked for a better result.