Wild Dunes pays for sandbag damages

Staff report

The City of Isle of Palms has gotten $1 million closer to nourishing the critical erosion
zone in Wild Dunes thanks to a consent order between Ocean and Coastal Resource Management
(OCRM) and various entities who were found to be in violation of at least five requirements
related to sandbag placement.
The entities included in the settlement who own or are responsible for
maintenance/governance are: Summer Dunes, Dunes Property, Metrotech Chemical, Ellen
Shaver Gifting Trust, Bradford and Gina Haynes, Craig and Linda Kessler, Port O’ Call Property
Regime, Seascape Villas Property Regime, Shipwatch Condominium Association, the
Summerhouse and Tidewaters Councils of Co-owners, and the Wild Dunes Ocean Club Property
Regime.
OCRM originally granted an emergency order that allowed the entities to place sandbags
on areas of the beach critically affected by erosion on December 3, 2006 and May 11, 2007.
However, those orders came with particular stipulations and regulations that were agreed upon
before the sandbags were allowed to be placed. Violations mentioned in the settlement included
the use of non-beach compatible sand in the sandbags and that correct alignment of the bags was
not maintained according to the agreed upon emergency order. It was specifically noted that the
sandbags were only temporary and to be removed by November 30. However, the sandbags
remain on the beach to this day. The settlement states that the parties involved failed to
“diligently pursue” alternatives to sandbag protection during the year in accordance with the
order. Furthermore, Shipwatch and Summerhouse directed the placement of sandbags on beach
areas in OCRM jurisdiction without any type of authorization from OCRM.
Among the penalties is the requirement that the violators contribute $1 million toward the
beach nourishment fund in a manner approved by OCRM. The total project is estimated to cost
almost $10 million. Currently, the City of Isle of Palms is the permit applicant for beach
nourishment. If for some reason the application is withdrawn, the violators will be required to
submit a complete application for beach nourishment themselves. Applications had been
approved for the Wild Dunes Community Association in February of 2001 as well as for the
North Beach Owners in October of 2007. The violators would also have the option of taking over
these permits.
Shipwatch and Summerhouse are also required to pay an additional fine of $12,750. All
other violators are required to pay an additional fine of $34,000.