Wild Dunes aims to keep its sandbags
Lawyer's letter tells agency to go ahead and levy fines
Lawyer's letter tells agency to go ahead and levy fines
ISLE OF PALMS — A short letter telling regulators to go ahead and levy fines has apparently ended six months of negotiations between Wild Dunes property owners and the state.
Owners were scheduled to meet Thursday with S.C. Ocean and Coastal Resources Management enforcement officers to settle on an enforcement order specifying the amounts of a daily fine for not removing sandbags that girdle six beachfront condominium complexes and two other properties from storm tides. The removal deadline was Nov. 30.
"Please be advised that we do not plan to attend any of these (enforcement) conferences," attorney Cotton Harness III wrote in a letter sent this week to OCRM. "I ask you to provide me with Enforcement Orders, so that I can both appeal the agency's decision and seek a stay of your Order," he wrote. "Our intentions continue to be that we will replace the bags and protect the properties."
Fines would range from $100 to $1,000 per day for each of the properties. Owners will be told the amount they are being fined in the enforcement orders, which OCRM expects to issue after Christmas, said Dan Burger, communications director. Each property will be fined the same amount, he said.
The back-and-forth is the latest exchange between the state and the owners, who say the sandbags are the only thing left between the ocean and their properties on the eroding beach in the gated vacation resort.
The agency refused to extend an emergency order allowing thousands of the bags to stay, saying the bags worsen erosion and an extension would undermine coastal regulations.
Even with the bags in place, storm tides are washing under buildings, damaging utility lines and edging the buildings closer to being condemned. The owners' attorneys have said they will sue the state for $500 million in property value that could be lost.
A court ruling could be decisive in the long-running legal battle over how much the agency can restrict private property along public beaches, an environmental attorney said.
Meanwhile, two state legislators will try to fast-track bills that would allow the city of Isle of Palms to apply for federal money to help pay for a $9 million beach renourishment. They also have approached OCRM about allowing the bags to stay.
"It's difficult for me to support the government telling people to dismantle the only thing separating them from the destruction of their property," said Sen. Chip Campsen, R-Isle of Palms. "I think the removal would be the bigger environmental disaster. You shouldn't have to pull the plug at this point and see the debris from those buildings strewn up and down the South Carolina coast."
"I don't believe sandbags are the right long-term solution but are the interim solution," said Rep. Ben Hagood, R-Sullivan's Island. "I believe OCRM understands that, but they are looking for a long-term solution as quickly as possible."
Reach Bo Petersen at 745-5852 or bpetersen@postandcourier.com.
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Comments
This article has 9 comment(s)
Posted by now_ready1 on December 21, 2007 at 5:28 a.m. (Suggest removal)
Theres a Law for the wealthy, then theres the law for the rest of us.
Posted by proud2bme on December 21, 2007 at 8:12 a.m. (Suggest removal)
All the comments on here regarding rich people being above the law, make you guys sound as though you are bitter and jealous because you do not have what they have. GROW-UP!!!
I'm sure if you had that kind of money, you too, would be living the way they do and most likely on the water somewhere.
They are desperately trying to save their homes.
As far as the attorney mentioned, Cotton is one hell of an attorney. I can assure you he is one of high morals and values unlike many attorneys today.
Stop criticizing these people because they have more money than you and are using it to save their homes, just as anyone else would do in their position.
Posted by RTC on December 21, 2007 at 11:07 a.m. (Suggest removal)
Cotton Harness III? Good Lord! Three generations with a name like that? Does he have a son named Polyester Harness?
You need to break the tradition sometime.
Posted by KidYendor on December 21, 2007 at 11:39 a.m. (Suggest removal)
The endangered properties should be evacuated, sandbags removed, and the buildings allowed to fall into the ocean. Scavenging should be allowed for the public to gather debris. Any judge should dismiss the frivolous $500 million suit. Case closed.
Posted by gcmadness on December 21, 2007 at 1:30 p.m. (Suggest removal)
proud2bme-
Even if I were that wealthy, I would have enough sense not build in an area where erosion is a problem, and wouldn't build in an area that would endanger the enviroment. Back in the late 60's I lived on the IOP, we use to see all kinds of creatures on the beach, now nothing, and it's because of the homes that were built on the oceanfront. To these people, and others who have done the same on so many of our coastlines, SELFISH! STUPID! & S.O.L!!!
Posted by leblackw on December 21, 2007 at 1:36 p.m. (Suggest removal)
"The owners' attorneys have said they will sue the state for $500 million in property value that could be lost."
I'm confused, but I bet these same people blame the government for Hurrican Katrina. What...didn't you know? Republicans LOOOOOVE natural disasters.
Posted by saltlyck on December 21, 2007 at 3:34 p.m. (Suggest removal)
I recently decided to take a trip out there to see what I would be paying for in the event my taxes were used to remedy this situation. Well I was refused entry which is exactly what I think should be done with public money. Refuse to help.
This land is private by every standard and only private money should fund the fix.
Also I guess it's pretty obvious that money cannot buy intelligence.
Posted by leblackw on December 21, 2007 at 3:48 p.m. (Suggest removal)
ColdBeer, it says in the article that the owners plan on suing the state if their property is damaged by removing the bags. Blaming the state for mother nature's wrath? THATS stupid. Just making a correlation to people in other parts of the US who blamed the government for their property being damaged by mother nature too. Kind of a jab. Cheer up, its the holidays!
Posted by outrage on December 21, 2007 at 7:14 p.m. (Suggest removal)
Another pay-out by the Taxpayers! Honey, check book please!