Wal-Mart Wants To Build On Protected Wetlands In South Carolina

On James Island, South Carolina, Wal-Mart intends to build a new store right behind their old one and wreak havoc on the local environment in the process. The proposed site is an environmentally sensitive part of South Carolina. Wal-Mart has already recieved permission to tear down 30 “grand trees,” which are defined as “24 inches in diameter at chest height” and bordering on old-growth. Wal-Mart now intends to purchase three acres of protected wetlands from the City of Charleston, and fill them in to build the new store.

Runoff from Wal-Mart parking lots happens to be one of the nation’s leading sources of water pollution, so it goes without saying that the rest of the surrounding wetlands - the ones not destroyed to build the store - would also be in jeopardy.

Several outraged citizens were quoted by the Charleston Post and Courier, and Charleston Councilwoman Kathleen Wilson feels that the “public should have more of an opportunity to weigh in” on the James Island Wal-Mart issue. Let’s hope that happens.

James Islanders have mixed views on Wal-Mart plan [Charleston Post and Courier (S.C.)]

A Wal-Mart Supercenter may be coming to James Island now that the first of two major environmental hurdles has been cleared.

Last week, Charleston Board of Zoning Appeals-Site Design gave Wal-Mart Stores East permission to cut down 30 grand trees near its Folly Road store. The next obstacle will be getting permission to fill about 3 acres of protected wetlands.

“Without those things the project can’t move forward,” said Larry Barthelemy IV of ADC, the engineering firm hired by Wal-Mart.

Wal-Mart Stores East received permission last week to cut down 30 grand trees near its James Island location to make room for a new supercenter.

The company is looking to build a 176,000-square-foot supercenter, which includes general merchandise and groceries, behind its current 123,000-square-foot store, which would later be demolished.

Because Wal-Mart’s property isn’t large enough for both stores, the company has discussed buying about 3 acres, which are mostly wetlands, from the city of Charleston.

City staff and Barthelemy say the area will benefit from the project.

Eric Schultz, principal planner with the city’s zoning division, said the city supports the project in lieu of Wal-Mart “leapfrogging to another site.”

Christopher Morgan, director of the city’s planning division, said the area would get a better designed store that may reflect the island’s character since it would have to go before the Design Review Board, which was not required when the current store was built.

The city also can get more green space, Morgan said. To fill in the nearby wetlands, the Corps of Engineers may require Wal-Mart to buy green space and make sure it’s permanently protected, which can be accomplished by giving it to the city to manage.

Morgan also believes the appearance of Folly Road would be improved if Wal-Mart adds retail space for other businesses between its store and the road, as it has discussed.

Of the few residents who attended the Board of Zoning Appeals meeting, four spoke in favor of the supercenter. One said it would save time by providing groceries in the same place. Another said it would be a better store than the one there now.

“I have no objection to them building this,” said Robert Fennessy, who lives across Folly Road from Wal-Mart. “Whatever it takes.”

Two people urged the board to deny Wal-Mart’s request to cut down the trees.

Penelope Davis said she was “vehemently opposed” to the supercenter, especially because Folly Road has more traffic than it can handle already.

Charleston City Councilwoman Kathleen Wilson said she wasn’t for or against the project, but felt the public should have more of an opportunity to weigh in.

“If this is approved, it’s done for perpetuity,” she said.

The supercenter is not necessarily what’s best for the island, which already has seven grocery stores, Wilson told the board. “Somebody’s going out of business.”

Several conditions were added before the board unanimously granted Wal-Mart’s request to cut down the grand trees, defined as 24 inches in diameter at chest height. The trees include sweet gums, red oaks, red maples, magnolias and a live oak. One of the conditions is that no trees be removed until the project gets final approval. Another states that Wal-Mart must plant 648 caliper inches of replacement trees on site, or potentially 259.

Morgan said getting approval to remove the trees is a “baby step” in a long process Wal-Mart must undergo before it begins construction. The public will have other opportunities to comment on the project, including at a public hearing required by the Corps of Engineers and when the necessary land sale goes to City Council.

Posted by Eric Bull on Thursday, February 14, 2008

COMMENTS

It is ironic at best ,and duplicitous at worst that WalMart has attempted to conceal its lengthy, irresponsible,environmental history with a thinly coated ,transparent veneer of” greenwashing “.The repetitive indifference to wetland issues and illegal construction water runoff is well documented ,and can be viewed by googling WalMart Corps of Engineers wetland violationsalso.EPA websites. The federal government and the Corps have turned a deaf ear and a blind eye in many of these instances,however. Often ,No public meetings are held,after a written commentary from the public. Here is a recent EPA press release:WAL-MART II STORM WATER SETTLEMENT
The largest settlement for storm water violations EPA and DOJ have achieved

On Wednesday, May 12, 2004, the Department of Justice and the U.S. Environmental Protection Agency, along with the U.S. Attorney’s office for the District of Delaware and the States of Tennessee, and Utah reached a Clean Water Act settlement for storm water violations at Wal-Mart store construction sites across the country. Under this Clean Water Act settlement, Wal-Mart has agreed to pay $3.1 million civil penalty and reduce storm water runoff at its sites by instituting better control measures. Storm water runoff is one of the most significant sources of water pollution in the nation, comparable to contamination from industrial and sewage sources. This settlement sets a very high bar for regulation of this pervasive problem

Wal-Mart is one of the largest commercial developers in the country, building well over 200 stores each year across the U. S. under the brand names Wal-Mart Stores, Wal-Mart Supercenters, and Sam’s Clubs.

“Storm water requirements have been in place for a long time. Developers like Wal-Mart must share responsibility with their construction contractors to ensure compliance,” said Assistant Attorney General Thomas L. Sansonetti of the Justice Department’s Environment and Natural Resources Division. “Today’s settlement is a strong signal of this Administration’s commitment to increase enforcement of our nation’s environmental laws and regulations.”

“Runoff from construction sites is a primary contributor to the impairment of water quality in the nation. EPA is vigorously enforcing federal regulations to help reduce this problem,” said Thomas V. Skinner, acting Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “I want to commend Wal-Mart for negotiating a settlement that will be good for the environment and good for business.”

Today’s settlement is the second enforcement action resulting in a settlement with Wal-Mart for violations of the Clean Water Act. In 2001, Wal-Mart and several contractors entered into a settlement with the U.S. to address storm water violations at 17 sites in several states. The settlement included a penalty of $1 million and required Wal-Mart to develop a storm water training program for its contractors and to inspect and oversee storm water controls at construction sites. EPA subsequently determined through inspections that Wal-Mart had not achieved consistent compliance at construction sites.

The settlement resolves violations of discharging pollutants without a permit and violations of storm water regulations by Wal-Mart and its contractors for alleged violations at over 24 construction sites in California, Colorado, Delaware, Michigan, New Jersey, South Dakota, Tennessee, Texas and Utah. The settlement includes a civil penalty of $3.1 million, and an environmental project costing $250,000 that will protect sensitive wetlands or waterways in one of the affected states. This settlement requires Wal-Mart to comply with storm water permitting requirements and ensures rigorous oversight of its 150 contractors. Wal-Mart will be required to use qualified personnel to oversee construction, conduct training and frequent inspections, report to EPA and take quick corrective action.

The settlement was lodged today for a 30-day public comment period in the United States District Court for Delaware.

Press Release (5/12/04)

Fact Sheet (PDF) (50.4K, 5 pp)

Consent Decree (PDF) (336.7K, 59 pp)

Complaint (PDF) (216.7K, 39 pp)

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ddrb in
Friday, February 15 at 02:24 PM

And yet a more recent story involving wetlands and srormwater violations: Wal-Mart’s Violation of the Clean Water Act Results in Land Purchase and Fine

Release date: 04/26/2007

(New York, N.Y.) The United States Environmental Protection Agency (EPA) announced today that Wal-Mart will pay a civil penalty of $24,000 for not taking steps to prevent rain water from washing sediments and pollution into waterways at its Supercenter construction site in Caguas, Puerto Rico as required under the Clean Water Act. As a result of the agreement, the Fortune 500 company will also provide at least $98,000 for the preservation of land in the area of Las Cucharillas Marsh, part of the San Juan Bay Estuary Watershed. The parcel will be perpetually maintained as an environmentally-protected area through deed restrictions and legal agreements.

“Wal-Mart should have taken some simple, straightforward steps to control the rainwater run-off from its construction site and to protect the environment,” said Alan J. Steinberg, EPA Regional Administrator. “As development and construction continues to increase on the island, all companies both big and small, need to be aware that following environmental regulations is a business necessity. One positive result of this agreement will be the purchase and preservation of land in the area of Las Cucharillas Marsh, a precious ecosystem that contains the highest diversity of waterfowl in the San Juan Bay.”

Wal-Mart Stores, Inc. and Wal-Mart de Puerto Rico, Inc. failed to obtain the appropriate storm water construction permit on time, failed to promptly develop a plan to control storm water pollution, failed to prepare and maintain inspection reports and failed to carry out best management practices during construction of the Caguas Supercenter. All of these actions are requirements of EPA’s storm water general construction permit.

The transferred land is located around Laguna La Mano in the sensitive watershed of Las Cucharillas Marsh in Cataño. Las Cucharillas Marsh is located at the intersection of the municipalities of Cataño, Guaynabo and Bayamon and covers approximately 1,236 acres, consisting mostly of wetlands, mangrove forests and open waters. The marsh serves as a flood plain and acts as a sediment and nutrient filter for runoff waters before they reach the San Juan Bay.

Construction projects are a potentially significant source of storm water related sediment runoff when soil at these sites is disturbed or left in loose piles. When rain washes through the soil, large amounts of sediment may wash into local water bodies, clogging rivers, shore lines and wetlands, and may impact aquatic habitat and reduce the capacity of Puerto Rico’s reservoirs.

The Clean Water Act requires operators of construction sites of one acre or larger (including smaller sites that are part of a larger common plan of development) to obtain a permit to discharge storm water and to develop and carry out a storm water pollution prevention plan. EPA will continue to pursue those who do not follow the Clean Water Act and the permitting requirements of the National Pollutant Discharge Elimination System as part of the national wet weather enforcement priority. These actions are part of an ongoing and concerted national effort by EPA to reduce storm water pollution and improve water quality.

ddrb in
Sunday, February 17 at 11:25 AM

The Sierra Club has some hydrology stats on how much stormwater actually runs off parking lots:” Water Pollution”
The sheer size of these giant stores and parking areas cause problems from increased traffic congestion to water pollution. Wal-Mart supercenter stores span several acres, and the parking lots can be three times the size of the stores bringing the total footprint to more than 18 acres. Large parking lots contribute directly to non-point source water pollution, which is the leading cause of water pollution in the U.S. Each acre of impermeable parking surface produces runoff of 25,000 gallons of water during a 1 inch storm. By contrast, a one-acre undeveloped site only has runoff of 2,700 gallons during the same storm. Runoff from impermeable surfaces leads to erosion, flooding, and the flow of pollutants like oil, chemicals, bacteria and heavy metals into waterways.

In addition, Wal-Mart has been the target of various government actions to enforce the Clean Water Act. Since 2001, Wal-Mart has paid settlement costs and civil penalties totaling more than $8 million resulting from federal Environmental Protection Agency storm water cases. This includes Wal-Mart’s payment of $3.1 million in 2004 to settle Clean Water Act cases in 9 states.

In August 2005 in Connecticut, Wal-Mart agreed to pay $1.15 million for threatening rivers and streams with chemical pollution. This included $600,000 in civil penalties for alleged violations of clean-water laws at 22 stores. Connecticut’s Attorney General, Richard Blumenthal, noted at the time: “Wal-Mart’s environmental record here seems as low as its prices,” and announced that the company had “systematic, repeated violations across the state.”

ddrb in
Sunday, February 17 at 11:35 AM

Last week, Charleston Board of Zoning Appeals-Site Design gave Wal-Mart Stores East permission to cut down 30 grand trees near its Folly Road store. The next obstacle will be getting permission to fill about 3 acres of protected wetlands...........excuse me,aren’t trees supposed to be part of the “greening” of WalMart? Aren’t trees supposed to filter airpollution and greenhouse gasses from the atmosphere? Prevent erosion ? How do this “square” with all the greenwashing rhetoric?

ddrb in
Monday, February 18 at 09:07 AM

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