Ballentine First
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Update on Proposed Wal-Mart in Ballentine:
12/11/2007:
We know some of you might be wondering what is happening with the proposed Wal-Mart and we are
ready with some answers:
Our battle with DHEC and developer has finally been resolved. As you know, DHEC issued the 401
water quality certification to Bright Meyers which gave them the go ahead to fill in 807 feet of a healthy
head water stream on the proposed Wal-Mart site. We decided to appeal this decision and were ready
to go to the Administrative Law Court of South Carolina. South Carolina Environmental Law Project
felt our case was very strong and took us on as a client. Depositions of DHEC, Bright Meyers and our
witnesses took place in last August early September. Toward the end of the deposition process, Bright
Meyers offered to settle instead of going to trial. To make a long story short, Bright Meyers agreed to
utilize an alternative plan for the site, which cuts down on the parking lot and allows 300 feet of the
stream to be filled with buffers on either side of the stream. Amy Armstrong from SCELP did an
excellent job and we encourage you to read her summary of the case that is listed below this e-mail.
Unfortunately, there will still be a super size shopping center in the middle of our quiet,
residential neighborhood. Everyone can thank the town of Irmo for that (click here to
email your thoughts to the Irmo Town Council). Our battle, ultimately, was with DHEC and
Bright-Meyers with regard to water quality. We fought an uphill, costly, battle that was not easy.
At this time, we would like to thank everyone, especially Chester Sansbury, John Howard, Mike Sloan
and members of the BDFCA for their support. We hope you all have a happy, healthy holiday season.
AMY ARMSTRONG'S (LAWYER FROM SOUTH CAROLINA ENVIRONMENTAL LAW PROJECT) SUMMARY
OF OUR CASE:
Our hard work on this case to protect a headwater stream that flows into Metz Branch and the Broad
River in Richland County has paid off.
On behalf of residents living in the Ballentine area of Irmo, we appealed a proposed 401 water quality
certification that DHEC issued to Bright-Meyers Development Corporation in the Administrative Law
Court. The certification would have allowed the filling of 807 linear feet of headwater stream bisecting a
42 acre tract for the construction of a Wal-Mart Superstore parking lot. The law prohibits filling of
streams if there is a feasible alternative to the proposed activity that would reduce adverse
consequences on water quality.
While investigating this case and preparing for trial, we discovered that the developer had considered
an alternative site design that would greatly reduce the adverse consequences on water quality. That
alternative involved leaving the stream intact, except for a road crossing.
The alternative would qualify for a Nationwide Permit because the impacts would be “minimal,” still
allowing for development of the site essentially as planned, while protecting the integrity of the stream
and associated water quality.
With the help of former DHEC Bureau of Water Assistant Chief, Chester Sansbury, and Earthworks’
Steve Strickland, we pushed the developer to adopt the alternative plan and we achieved success.
Bright-Meyers offered to redesign the site to avoid the stream, except for one road crossing to
connect the high ground portions of the property bisected by the stream. Bright-Meyers also agreed
to maintain a 25' vegetated buffer on either side of the stream to protect water
quality and to leave trees greater that 18" in diameter. We are pleased with Bright-Meyers’ willingness
to significantly reduce impacts to the stream and to protect natural vegetation and trees on site.
12/11/2007:
We know some of you might be wondering what is happening with the proposed Wal-Mart and we are
ready with some answers:
Our battle with DHEC and developer has finally been resolved. As you know, DHEC issued the 401
water quality certification to Bright Meyers which gave them the go ahead to fill in 807 feet of a healthy
head water stream on the proposed Wal-Mart site. We decided to appeal this decision and were ready
to go to the Administrative Law Court of South Carolina. South Carolina Environmental Law Project
felt our case was very strong and took us on as a client. Depositions of DHEC, Bright Meyers and our
witnesses took place in last August early September. Toward the end of the deposition process, Bright
Meyers offered to settle instead of going to trial. To make a long story short, Bright Meyers agreed to
utilize an alternative plan for the site, which cuts down on the parking lot and allows 300 feet of the
stream to be filled with buffers on either side of the stream. Amy Armstrong from SCELP did an
excellent job and we encourage you to read her summary of the case that is listed below this e-mail.
Unfortunately, there will still be a super size shopping center in the middle of our quiet,
residential neighborhood. Everyone can thank the town of Irmo for that (click here to
email your thoughts to the Irmo Town Council). Our battle, ultimately, was with DHEC and
Bright-Meyers with regard to water quality. We fought an uphill, costly, battle that was not easy.
At this time, we would like to thank everyone, especially Chester Sansbury, John Howard, Mike Sloan
and members of the BDFCA for their support. We hope you all have a happy, healthy holiday season.
AMY ARMSTRONG'S (LAWYER FROM SOUTH CAROLINA ENVIRONMENTAL LAW PROJECT) SUMMARY
OF OUR CASE:
Our hard work on this case to protect a headwater stream that flows into Metz Branch and the Broad
River in Richland County has paid off.
On behalf of residents living in the Ballentine area of Irmo, we appealed a proposed 401 water quality
certification that DHEC issued to Bright-Meyers Development Corporation in the Administrative Law
Court. The certification would have allowed the filling of 807 linear feet of headwater stream bisecting a
42 acre tract for the construction of a Wal-Mart Superstore parking lot. The law prohibits filling of
streams if there is a feasible alternative to the proposed activity that would reduce adverse
consequences on water quality.
While investigating this case and preparing for trial, we discovered that the developer had considered
an alternative site design that would greatly reduce the adverse consequences on water quality. That
alternative involved leaving the stream intact, except for a road crossing.
The alternative would qualify for a Nationwide Permit because the impacts would be “minimal,” still
allowing for development of the site essentially as planned, while protecting the integrity of the stream
and associated water quality.
With the help of former DHEC Bureau of Water Assistant Chief, Chester Sansbury, and Earthworks’
Steve Strickland, we pushed the developer to adopt the alternative plan and we achieved success.
Bright-Meyers offered to redesign the site to avoid the stream, except for one road crossing to
connect the high ground portions of the property bisected by the stream. Bright-Meyers also agreed
to maintain a 25' vegetated buffer on either side of the stream to protect water
quality and to leave trees greater that 18" in diameter. We are pleased with Bright-Meyers’ willingness
to significantly reduce impacts to the stream and to protect natural vegetation and trees on site.
If you are not in the green zone on the map above, you are NOT in the Town of Irmo
and thus have ZERO say in what goes on within the Town of Irmo.
Irmo has expanded rapidly gobbling up commercial property in the Ballentine area
whenever they can.
What can you do to help stop this?
1) Voice your disapproval to the Irmo Town Council (email them here).
2) Support the incorporation of Ballentine (click here to find out how).
3) Make yourself heard in local media: newspapers, local news, etc.
4) Ask yourself why would a small town want to annex something so far from the
core of their services, town center, etc? The answer is simple: MONEY.
5) Also ask yourself why the Town of Irmo is only out recruiting
COMMERCIAL/BUSINESS property? Wouldn't a town that is growing and trying to
become a better town also want to include the area residents? Not so with Irmo.
Residential areas cost them money (even with the minimal services that Irmo actually
provides). Also, by not annexing residential areas around these new commercial
developments, they don't have to listen to you and can do whatever they want!
and thus have ZERO say in what goes on within the Town of Irmo.
Irmo has expanded rapidly gobbling up commercial property in the Ballentine area
whenever they can.
What can you do to help stop this?
1) Voice your disapproval to the Irmo Town Council (email them here).
2) Support the incorporation of Ballentine (click here to find out how).
3) Make yourself heard in local media: newspapers, local news, etc.
4) Ask yourself why would a small town want to annex something so far from the
core of their services, town center, etc? The answer is simple: MONEY.
5) Also ask yourself why the Town of Irmo is only out recruiting
COMMERCIAL/BUSINESS property? Wouldn't a town that is growing and trying to
become a better town also want to include the area residents? Not so with Irmo.
Residential areas cost them money (even with the minimal services that Irmo actually
provides). Also, by not annexing residential areas around these new commercial
developments, they don't have to listen to you and can do whatever they want!
By now many of you have seen these new signs near the Wal-Mart site. Just think
of these signs as a holiday gift from Irmo. Be sure to thank the Irmo Town Council
for this wonderful gift that will keep on giving all year round (and for years to come).
It will bless the Ballentine area with:
of these signs as a holiday gift from Irmo. Be sure to thank the Irmo Town Council
for this wonderful gift that will keep on giving all year round (and for years to come).
It will bless the Ballentine area with:
- construction headaches
- greatly increased traffic & traffic jams (you think Broad River heading toward
Ballentine is backed up in the evenings now? Just wait...) - increased crime rate
- noise, noise, noise
- light pollution (no more dark skies for those animals & star lovers)
- far fewer trees, but much more pavement/parking lots
- And for those of you who use the Peak Exit, Broad River, 176, or Bickley Rd
(dropping off at Ballentine Elementary) in the mornings...just think how much
more fun those intersections will be when you add in the hundreds of cars
and delivery trucks that will be zipping through...
It's very sad that residents of the area had to fight this battle rather than local elected
officials (Irmo Town Council) doing their part to help protect the environment in a newly
annex portion of their town. Many thanks to everyone involved in making this
development have less of an environmental impact on the Ballentine area...
officials (Irmo Town Council) doing their part to help protect the environment in a newly
annex portion of their town. Many thanks to everyone involved in making this
development have less of an environmental impact on the Ballentine area...
| Latest Map of Irmo's Aggressive Annexation |