YOUR ACTION IS NEEDED! Developer wants to fill in wetlands!

*SAVE THE Angel Oak–URGENT—PUBLIC COMMENTS MUST BE RECEIVED BY 12pm ON WEDNESDAY, JULY 14^TH*

UPDATE:  The original Notice should have clarified
the S.C. Department of Health and Environmental Control will receive comments
until 12 O’clock Noon July 29, 2010.  SAC-2009-1403-SIR_Charleston_Revised

WE HAVE A UNIQUE OPPORTUNITY TO REQUEST A PUBLIC MEETING ABOUT THE DISTURBANCE OF THE WETLANDS ON THE ANGEL OAK VILLAGE PROJECT SITE!  PLEASE HELP SAVE THE TREE BY SENDING IN YOUR REQUESTS FOR A PUBLIC MEETING TO THE U.S CORPS OF ENGINEERS AND THE SC DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL by Wednesday, July 14^th at 12pm!

Developer Robert Demoura of Angel Oak Village LLC has just applied for a federal wetland permit to place fill material in wetlands adjacent to a tributary to Church Creek. The proposed activity will impact wetlands surrounding the ANGEL OAK TREE for construction of a mixed use planned development, which will be known as Sea Island Heath Care Corporation PUD, (formally Angel Oak Village). The proposed work will result in impacts to freshwater wetlands within the jurisdiction of the Clean Water Act.  These wetlands are an important part of the Angel Oak’s ecosystem and altering them would alter the Angel Oak’s water table, vital to the survival of this magnificent tree.  Additionally, the removal of these wetlands will create a situation where construction runoff will be flowing into Church Creek, an already impaired waterway.  Adding more runoff to this polluted creek will eliminate fishing and recreational activities from this area. It is extremely important that the public sends in comments with clear reasons why it is in the public interest to deny the developer, Robert Demoura, this permit.

SEND COMMENTS TO:
(when sending comments PLEASE REFER TO: P/N # SAC 2008-1403-SIR)

Charleston District, U.S. Army Corps of Engineers
69A Hagood Avenue
Charleston, SC 29403-5107

FAX: 843-329-2332

(No emails)

AND

SC Department of Health and Environmental Control,
Office of Ocean and Coastal Resource Management
1363 McMillan Avenue, Suite 400
Charleston, SC 29405
Email: geerrv@dhec.sc.gov

**YOU CAN ALSO EMAIL YOUR COMMENTS DIRECTLY TO ME, SAMANTHA@SAVETHEANGELOAK.ORG, AND I WILL FAX/MAIL THEM IN BY THE DEADLINE**

Thank you so much!

Some thoughts to consider in writing your letter:

The federal government can only grant this permit if:

1.      The project cannot be accomplished without filling wetlands.  (That is, the wetlands cannot be avoided).

2.      The project is designed to fill as few wetlands as possible.  (That is, wetland impacts have been minimized).

3.      The project offsets the loss of the wetlands by creating, restoring, or preserving wetlands that compensate for the loss.  (That is, the wetland loss has been mitigated).

Number 3 is the last step in the process.  The applicant must accomplish 1 (avoidance) and 2 (minimization), before 3 (mitigation) will be considered.

The current plans for the Angel Oak Village/Sea Island Heath Care Development cannot accomplish #1 and #2. The project shows about 9 acres of “conservation” land bordering the current Sea Island Health Care facility.  This is high land that will not be developed.  Clearly, the developers have the option of moving the development away from the wetlands and onto a portion of the higher land.  The rationale in acquiring the federal wetland permit would be that the project cannot proceed without the use of the 3.4 acres of wetlands in close proximity to the Angel Oak.  This is clearly not true.  These wetlands are not only important for the survival of the Angel Oak and the health of Church Creek, but they are also home for a wide range of wildlife that would have nowhere else to go.

The SC Department of Natural Wetlands had an opportunity to comment on the project.
They said:

“Our department has a number of concerns regarding the proposed development, particularly the excavation and filling of important wetlands.  Project calls for a high-density commercial/residential development, requiring the excavation and filling of all wetlands on-site.  Isolated wetlands such as those found on the project site provide a number of important ecological functions, including habitat for a variety of wildlife species…..In the state of South Carolina, some forty species of amphibians depend on isolated wetlands for survival, including a number of STATE AND FEDERALLY PROTECTED SPECIES.”

And goes on to say,

“For the above reasons, we recommend that the permit as currently proposed NOT be issued and the developer considers a less damaging development design that avoids and minimizes the loss of important wetlands and the clearing of mature forested uplands.”

The U.S. Fish and Wildlife service also commented on the project.
They said:

“The area around the project site is heavily developed and quality wildlife habitat is very fragmented and becoming increasingly rare. The area proposed for development is densely forested and contains a large, isolated wetland.  This large area and its combination of habitats provide considerable biological functions by providing food, shelter, and breeding grounds for many types of wildlife including deer, small mammals, migratory birds, and amphibians.  The development would increase traffic in an already congested area and also includes the Angel Oak monument, which is a State monument of significant historical value. Though plans allow for a 150ft buffer to be placed around it, the Service feels this is inadequate and that the city, the monument, and the wildlife in the area would be better served by conserving the entire tract of land proposed for development.”

LETTERS MUST BE RECEIVED BY 12PM ON WEDNESDAY, JULY, 14^TH.

THANK YOU!

You can download the complete public notice here: SAC-2009-1403-SIR_Charleston

UPDATE:  The original Notice should have clarified
the S.C. Department of Health and Environmental Control will receive comments
until 12 O’clock Noon July 29, 2010.  SAC-2009-1403-SIR_Charleston_Revised