Re: Red Mountain Timber property, REZ Dear Mr. Thomas, Mr. Charlton, Mr. Carolina, Ms. Johnson, Mr. Beard, Mr. Goggans and Mr.

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1 Amy E. Armstrong Executive Director Michael G. Corley Amelia A. Thompson Jessie A. White MAIN OFFICE 430 Highmarket Street Georgetown, SC MAILING ADDRESSES P.O. Box 1380 Pawleys Island, SC P.O. Box 5761 Greenville, SC (843) (864) Fax (843) BOARD OF DIRECTORS Greg VanDerwerker, MD Chairperson John Barton, Esq. Barbara Burgess Nancy Cave Frances Close John Mark Dean, PhD Paula Feldman, PhD Susan Hilfer Gary W. Poliakoff, Esq. Nancy Vinson Wendy Zara BOARD MEMBER EMERITI Daryl Hawkins, Esq. Robert Schofield ADVISORY COUNCIL Josh Eagle, Esq. Georgetown County Council September 13, 2017 Re: Red Mountain Timber property, REZ Dear Mr. Thomas, Mr. Charlton, Mr. Carolina, Ms. Johnson, Mr. Beard, Mr. Goggans and Mr. Morant, The South Carolina Environmental Law Project, on behalf of the Coastal Conservation League and Sierra Club Winyah Group, writes in opposition to the proposed rezoning of approximately 948 acres of property located along the Sampit River and Pennyroyal Creek in the Pennyroyal neighborhood of Georgetown, tax parcel You must decide whether to rezone this enormous tract of land from Conservation Preservation ( CP ) and Forest and Agriculture ( FA ) to Heavy Industry ( HI ). According to county code: The plans and programs must be designed to promote public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy of its area of jurisdiction. Specific planning elements must be based upon careful and comprehensive surveys and studies of existing conditions and probable future development and include recommended means of implementation. Georgetown, S.C. Code (Sept. 20, 2016).

2 In addition to these guidelines, the Council s decisions are also made in light of the Land Use Element of the County s Comprehensive Plan. The Comprehensive Plan includes an inventory of both current and future land uses, and its intended purpose is to guide future development and redevelopment within [the] county. Land Use Element, Georgetown County Comprehensive Plan, available at The Plan addresses standards, goals, and concerns for each type of land use designation. The Plan also describes issues associated with each designation, saying this about industrial use: Id. at 28. One issue associated with industrial development is potential negative environmental impacts, especially to water and air quality. While industry is subject to environmental and health regulations, the potential for negative environmental impact[s] still exist[s]. The water quality problems result partly from industrial and municipal wastes which are compounded by tidal action problems hindering the self-purification process. Water quality can definitely be affected by industrial uses and this should be a factor of serious consideration in the location decision process of industries. The degradation of air quality in Georgetown County is also partly attributable to industrial development in Georgetown County. Figs. 1 & 2 depict the property along Pennyroyal Creek, including adjacent wetlands The current zoning of this property is appropriate for a multitude of reasons. The property has a vast amount of water and wetlands because it is wedged between two waterways. The relatively small sections designated CP do not delineate all of the wetlands. If anything, the CP area should be expanded to cover the full acreage of wetlands on the property. These wetlands feed into both the Sampit River and Pennyroyal Creek. They provide important functions for the waterways and for the neighborhoods nearby because they filter and

3 clean water and help to control flooding. These functions are especially vital given the increased flooding we have seen in recent years and because the Sampit River is already heavily taxed from discharges of other industrial sources. Figs. 3&4 depict the property along the Sampit River, including live oaks and wetlands As identified in the Comprehensive Plan, the tidal action on the Sampit prevents that river from self-purifying in the way that other rivers might. Thus, it would be especially unwise and contrary to the Plan to subject the Sampit, which is already polluted, to more heavy industrial discharge. The same goes for Pennyroyal Creek, which feeds into the Sampit River. This large property is bordered by about two miles of creek and about a mile and a half of river. Fig. 5 depicts dead trees in the background along the polluted river. Fig. 6 depicts 3V Chemical from behind the fence on the edge of the property In addition to the valuable wetlands and waterways, the character of this property as a wooded and relatively pristine swath of wilderness, allows it to provide a place for wildlife that has been displaced by some of those industrial sites and homes that are in the area. Relatedly, the property is used for hunting

4 game including deer, turkeys, and hogs. Figs. 7&8 depict examples of large trees on the property There are a variety of important habitats on the property from pine forests, which are logged every now and then, to cypress swamps and stands of large live oak trees, which add to the beauty of the place. It has a history, which is not completely known but is evidenced by a couple of gravestones, still intact, from the 1800s. Figs. 9&10 depict the gravestones of Hannah Porter, d.1811, and her father John Porter, d.1829 What we know about this property counsels against rezoning it for heavy industrial use. But, there is a lot of information that we do not know which also counsels against rezoning. Planning must be based upon careful and comprehensive surveys and studies of existing conditions and probable future

5 development and include recommended means of implementation. Georgetown, S.C., Code Instead of providing comprehensive surveys and specific information about how the rezoning will change the character of the property, the applicant and its agent are asking this council and the people of Georgetown County to take a giant leap of faith that whatever heavy industry or industries are placed on the property will be in the best interest of the community. In addition to failing to provide any wetlands delineations, photographs of the property, or information about its current uses, the applicant has failed to provide any documentation in regards to the purchase of the property by Georgetown County. The Planning Commission voted unanimously in opposition to this rezoning, after hearing from community members and from Brian Tucker on behalf of the applicant. Mr.Tucker mentioned that the County would like to purchase the property if it is rezoned. He also mentioned that there were some thirty funding sources the County would rely upon to help pay for the property. None of those sources have been identified and no documentation of their willingness to make such loans has been provided. Such a complex real estate transaction may very well fail to go through. However, the rezoning decision Mr. Tucker is asking you to make is not contingent on the purchase going through and would forever impact the community, the water, and the air. Furthermore, the County has no specific industrial users who are willing to purchase or lease the property from the County. Thus, whether the purchase by the County goes through or not, the number and types of HI users are completely unknown. If there is no industry willing to make this rezoning application itself, then there is no telling how much taxpayer money the County will be losing on this purchase and resale. The County has no business or expertise in flipping properties, and has provided no contractual evidence or documentation that it would be getting a good deal for this community in doing so. In sum, to rezone nearly a thousand acres of property, that is providing public health and safety benefits and has historical and cultural significance, into a heavy industrial area, is contrary to county code and the function of this council. We request that you deny the rezoning request, as recommended by the Planning Commission. Thanks for your consideration of these important issues. Very truly yours, Amelia A. Thompson