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We say ...

August 1, 2008

Childish DHEC needs to sit in the corner

It’s sad when the only hope for our rivers is to sue the state and force it to do its job. The S.C. Department of Health and Environmental Control went way out of control afew weeks ago when it approved three docks and 30 boat slips on the Col leton River for a proposed development that the county hasn’t seriously begun to consider. And rather than reining things in, state leaders have recently pushed things further off track.

As one of the leaders of residents opposed to the docks (and the development) put it, “Common sense dictates that one gentleman living in a farm house on Pinckney Point doesn’t need 30 boat slips.”

He’s absolutely right. Whatever development the county approves on the peninsula at the end of Pinckney Colony Road, nothing — except three docks and 30 boat slips — has been approved there so far. It remains a 79-acre farm with one old farmhouse.

The horse just watched the cart roar past. Enough. Somebody throw a stick in the cart’s wheel and stop that thing. It’s time for Beaufort County to sue the state. Not for damages. Just for principle.

It’s clear Columbia-based dock-permit ters have no clue what the Lowcountry’s rivers are really like. They have simply permitted too many docks on a pristine estuary for a development that might never happen. Rubbing salt in the wound, DHEC recently said it would not hear appeals on its ruling, essentially slapping its widdle hands over its eyes and ears and going “la, la, la.” Our only option, County Council Chair man Weston Newton says, is requesting a hearing before an administrative law judge. He should do so immediately.

If the children at DHEC insist on riding the permitting cart wherever they please, the county’s horse be damned, its time for Farmer Newton to tell DHEC’s parents.

 


He says ...

July 28, 2008

Prepare to be disappointed on Pinckney Point

The phones and the e-mail lit up last week over the Pinckney Point Marina deba cle. As expected, the appeals to the Department of Health and Environmental Control were denied, which sends the matter to an administrative law judge for hearing.

This will be another feature of the process that unfortunately has a tendency to be somewhat circular. The judge will rule on the permit primarily on issues of compliance with the applicable standards. If the standards are not well defined, or if the rules do not speak to the particulars of this case, then we may be disappointed with the ruling. However, the process does not end with an administrative law judge. We have only begun to fight this thing.

From the mass of communication we had last week, there is a matter of geography that needs to be cleared up. Pinckney Point is not the same thing as Pinckney Island. Pinckney Point is a head of land at the end of Pinckney Colony Road that is a serene bluff overlooking a bend in the Colleton/Okatie estuary. Pinckney Island is a federal wildlife management area, which is accessed by a road off the causeway connecting the two bridges to Hilton Head Island.

Pinckney Island is several miles from the controversial proposed marina, but not immune from threat. There are some thorny issues on the horizon having to do with federal maintenance of our wildlife refuges. In fact, I have had a conversation with U.S. Rep. Joe Wilson on this, but no promises were forthcoming.

One of the promises I made to you, however, was to return more of the dollars we send to Columbia back to Beaufort County. To this end, we have secured a $500,000 community development block grant for sewerage along Buck Island Road. While it’s a pile of money, and I am certainly happy to see it come home, we will have to keep the pressure on to add more funding to the Buck Island/Simmonsville area, particularly for sewer age, but also for road and pathway improvement. Even a casual inspection of these neighborhoods reveals a vast, long neglected need. Failing septic tanks are a serious health issue not only for those living in close proximity, but polluted ground water migrates readily to local water bodies which are sources of highly prized local seafood –shrimp, fish, crabs and particularly oysters.

Suffice to say that the state is on this one, along with the county and town of Bluffton. Lastly, in response to the hundred or more calls from my friends in Sun City, let me say this about incorporation: It is a very complex process that will not occur without extensive consultation and voting in your community.

Likewise, annexation into either Bluffton or Hardeeville is not something that a vocal minority can accomplish “under the radar.” Not only will you get your day at the polls, but the current residents of the receiving municipality will have an opportunity to vote on the wisdom of the proposed annexation, as well. I share your frustration with many of the development decisions being made in and around your vicinity

Unfortunately, neither incorporation nor annexation is likely to remedy our shared dissatisfaction. However, if either course of action is the manifest will of the people, there is well-defined process to make it happen.

Bill Herbkersman represents District118 in the South Carolina House of Representatives.

He can be reached through his Web site at www.herbkersman.com or by telephone at 757-7900.

 


Dock appeal rejection surprises Newton

BY LOLITA HUCKABY
BLUFFTON TODAY

Beaufort County Council Chairman Weston Newton had intended to bring up the matter of the Pinckney Point docks permit at Monday’s council meeting in Bluffton, but the state DHEC board upstaged him. The board of the S.C. Department of Health and Environmental Control, which oversees the state Office of Ocean and Coastal Resources Management, announced Thursday it would not hear an appeal of the agency’s deci sion to issue permits for three community docks, 30 boat lifts and a boat ramp for Pinckney Point LLC. The docks and boat lifts, 40 less than what the developer had asked for, would be built in the Okatie and Colleton rivers if the permit stands and the proposed residential development gets other approvals. The Bluffton Town Council had filed an appeal along with 20 Pinckney Colony property owners and others.

Newton, as County Council chairman, had also sent a letter asking for an appeal hearing. He said Friday he had intended to bring the issue before the full council at its 4 p.m. Monday meeting in the Bluffton Library.

“But with the DHEC board’s decision what it is, our next step is going to be getting a legal briefing, in executive session, to see where we go next,” he said. The appellants have 30 days to refile their objections with the state Administrative Law Court.

Newton said he was surprised with the DHEC board’s decision to not hear the appeal and that the permit was issued to a development which hasn’t
been approved by Beaufort County.

The issue of road owner ship leading into the proposed Pinckney Point development is still being debated in court before the county master in equity.

Monday’s County Council meeting will include an update on road improvement projects funded by the county’s 1 percent sales tax and a pre sentation on the county’s tax increment financing districts.

A request to rezone 1 acre on Ulmer Road near the Burnt Church Road intersection for a commercial winery is scheduled for a 6 p.m. public hear ing. Council meetings are broad cast live on Charter Cable channel 20; Comcast channel 2; Hargray channel 252, Hargray Video on Demand, 600; Time Warner Hilton Head Cable, channel 66; Time Warner Sun City Cable, channel 63.

 


DHEC officials should spend less time in Columbia

July 23, 2008

This last week, our Department of Health and Environmental Control gave the Pinckney Point developers approval for three of the seven community docks and 30 of the 70 boat lifts that they requested for the Okatie River.

While to some this may appear as a partial victory, the permit will be vigorously appealed by just about everybody, both in local government and privately, for a host of glaring errors in the permit details, the absence of sound judgment and the contradiction of DHEC’s mandate to the people of South Carolina’s coast.

It seems that the further that this permit progresses, the more surreal it becomes. While the details of the errors and omissions would take up several pages and will be addressed by a host of appealers, there is one very important issue that should be ours and DHEC’s guide for our tidal rivers for this permit and all future ones. DHEC has designated the Okatie and the Colleton Rivers as Outstanding Resources Waters.

The following definition is directly from their regulations: SCDHEC WATER CLASSIFICATIONS & STANDARDS REGULATION 61 – 68 JUNE 25, 2004 BUREAU OF WATER Outstanding recreational or ecological resource waters mean water which is of exceptional recreational or ecological importance or of unusual value. Such waters may include, but are not limited to: waters in national or state parks or wildlife refuges; waters supporting threatened or endangered species; waters under the National Wild and Scenic Rivers Act or South Carolina Scenic Rivers Act; waters known to be significant nursery areas for commercially important species or known to contain significant commercial or public shellfish resources; or waters used for or having significant value for scientific research.

Given this designation, it boggles the mind that DHEC would have even considered the first step in this dock permitting process without at least reading its own mandate and recommending some very obvious steps, like an environmental impact statement. On top of that, DHEC has also planned a Total Maximum Daily Load pollutant study of the Okatie which continues to qualify the Okatie as a research area. If you remember, the Clean Water Task Force had DHEC and OCRM do a study of the Okatie in 1999 which showed degradation and in 2006 DHEC downgraded the shellfish harvesting there to “restricted.”

Does this sound like DHEC’s left hand knows what its right hand is doing? Does this whole process seem to be done backwards? Is all this posturing by the out-of-town, out-of-touch developer just aploy to enhance the resale of this property to another developer or to the Trust for Public Land? Is DHEC an accomplice to this duplicity? Whatever, it’s time for our county and local municipali ties to take control of our eco system.

While our local DHEC officials are great neighbors and empathetic, the closer the decision-making process gets to Columbia, the more out of touch it seems to be.

Dave Harter is an avid angler and president of the Hilton Head Island Sportfishing Club.

 


News Bluffton Today - July 21, 2008

"I Say" by Representative Bill Herbkersman

Keep fighting against the Pinckney Point marina

I wasn’t able to give you too much on the Oklahoma Southern Legislative Conference last week. That was because I was immersed in the conference at the time and didn’t really have the necessary distance from the subject matters to accurately analyze the material. Suffice to say that I learned much about how to deal legislatively with problems related to rapid growth from folks who experienced it first hand. They were generous with sharing what worked for them, as well as what should have worked but didn’t.

We were also able to tour the Oklahoma bombing site. Needless to say, I was moved by the tragedy itself, but even more so by how the people were able to put aside momentary differences to get past the catastrophe and carry o­n with civic life.

My homecoming was marred somewhat by the news of the ruling from DHEC on the Pinckney Point Marina application. While some of the requested docks were not approved, the overall impact of the docks that were approved flies in the face of the expressed will of the public in this matter. As most of you know, I was in the forefront of allowing the public a voice in the deliberations before the regulatory body. There was a meeting at Bluffton High, which was attended by literally hundreds of concerned citizens, most of whom were overwhelmingly opposed to this marina. While the developer did not call it a marina, it certainly appeared to those of us who saw the plans to be a marina.

We now have the right to appeal, which will certainly be invoked. I am currently in conversation with Dana Beach at Coastal Conservation League, Ann Timberlake at Conservation Voters, and locally with Nancy Schilling and Dave Harter with Friends of the Rivers. We are all concerned with inaccuracies in the application, as well as the ruling. There are instances of misapplied guidelines and poor internal review, not to mention grievously insufficient data o­n impacts of a project such as this, in the area where it is proposed. At a minimum, I feel it is prudent to assess the potential impacts on this fragile water body before we put in a marina. This seems to be only common sense.

As this situation plays out, I will keep you up to date with the latest information. The appeal may take some time and there may ultimately be a role for you to play. I have found over the years that if there are gaps in the regulatory regime that potentially allow that which should not be allowed, then strong, committed, public opinion can save the day.

This fight is not about stifling anyone’s right to develop land in a manner that adds value to their investment, it is about diminishing that which is held by the public, by the people, and taking from all, for the inappropriate benefit of the few.


TOWN TAKES STAND AGAINST PINCKNEY DOCKS

Date: Thursday, July 17, 2008

Section: NEWS

Edition: BFT

Page: 1

Pinckney Point isn't in Bluffton, but the headwaters of the Okatie River are.

That's why the Bluffton Town Council voted Tuesday night to send an official letter to the Office of Ocean and Coastal Resource Management asking the state to reconsider the dock permits it recently granted to the developers of Pinckney Point.

The state issued permits for three boat docks, each with 10 boat lifts, plus a community boat ramp on the 229-acre teardrop-shaped parcel of land at the end of Pinckney Colony Road.

The county has so far denied permission to build on the point; the developers want 76 homes. The county's denial of the housing development and the question of who owns the only road leading to the point remain deadlocked in local courts.

At Tuesday's council meeting, several residents from the Pinckney Colony area asked town officials to do something about the docks. After the public comment period, Mayor Hank Johnston asked the council if members would like to go on the record about the docks as a group or individually.

"The consensus of the council was that since the headwaters of the Okatie River are really in the town of Bluffton, that this particular dock project could potentially have some impact on that," Johnston said.

"We voted to send a letter (to the state) from the town requesting that the permit be appealed.

"It's about the water impact," he said.

Through a quirk of old-school mapmaking, the Okatie River begins south of U.S. 278 and somewhere along its marshy route becomes the Colleton River.

The state's dock permits refer to docks in both the Okatie and Colleton rivers. Either way, it's the same watershed and, really, the same river.

Pinckney Point is not in the town limits. Only the river's headwaters are.

"Look at half of the May River and it's not in the town of Bluffton, either, but we still take action for the entire watershed," Johnston said.

"We do tend to look at most of our planning efforts today on a watershed basis. With the Okatie headwaters being in the town, we need to take a strong look at anything that might affect it."


S.C. SHOULD WAIT ITS TURN TO OK DOCKS

Date: Monday, July 14, 2008

Section: CAUSES

Edition: BFT

Page: 6

Mark Peterson calls the state's recent approval of three docks with 30 boat lifts in the Colleton River "presumptuous."

It's a good word. It could probably use some four-letter modifiers.

The state's decision to approve multiple docks for a development that hasn't yet passed its first county permitting hurdle after 250 people last summer begged them not to opens a door perhaps best left shut.

The owners of the 229-acre Pinckney Point property at the end of Pinckney Colony Road hope to build 76 homes on their teardrop-shaped parcel. But the state should note that the word "hope" is not "will" or "can."

County officials have denied the property's owners permission to build what they want, so the owners are suing. Nobody's sure who owns the only road to the property, so that's in court, too. Nothing is settled.

Peterson, the head of the Pinckney Colony Neighborhood Association, said members of his group plan to appeal the state's decision, as well they should.

To say the state's put the permitting cart before the county's development horse barely does that time-honored cliche justice. One landowner, in essence, just received permission to build three docks with 30 boat lifts on one parcel of land long before anyone at a local level has approved the land's subdivision. Ask and ye just might receive. And ye might set a precedent.

Yikes.

Peterson says the state's permit apparently makes the docks conditional on Beaufort County approval, but that still doesn't excuse the state wasting precious resources on tripping the county's horse with an out-of-place wagon.

Wait your turn, South Carolina. If Beaufort County's officials - or its courts - say developments this controversial are OK, then, and only then, is it time to consider how many docks to allow developers to build.


STATE APPROVES MULTIPLE DOCKS FOR PINCKNEY POINT

Date: Sunday, July 13, 2008

Section: NEWS

Edition: BFT

Page: 1A

Priscilla Coleman offered the bounty of her family's Pinckney Colony land Saturday morning at the farmers' market in Port Royal. At the same time she worried about the latest revelation on the proposed development at Pinckney Point.

She was among those surprised Friday when the state issued permits to build docks with 30 boat lifts and a private community boat ramp at Pinckney Point.

"I was just shocked when we got the notification," Coleman said as she tended her table of fresh herbs and cut sunflowers. "When you've got that many boats it's going to have an impact on water quality," she said.

Pinckney Point LLC filed an application with the OCRM last year to build seven community docks, each with 10 boat lifts as part of a development on 229 acres at the end of Pinckney Colony Road off U.S. 278. The docks would serve a 76-home development that has not yet been reviewed by the Beaufort County planning staff.

The dock permit "validated" July 3 by the S.C. Department of Health and Environmental Control's Office of Ocean and Coastal Resource Management scales back the original request to less than half the original plan, allowing for three community docks, with 10 lifts each, along with the boat ramp.

Public notification in the form of a memo from Steve Brooks of OCRM was dated July 9 and Pinckney Colony residents found out about it on Friday. An appeal must be filed within 15 days of notice of the decision, according to DHEC procedures.

Mark Peterson, president of the Pinckney Colony Neighborhood Association, said an appeal already is in the works.

"I guarantee it will be appealed by someone, if not all of us," he said of the various community organizations that oppose the Pinckney Point development.

In addition to various neighborhood associations, organizations such as Keep Chechessee Rural, Friends of the Rivers and the Coastal Conservation League also oppose the Pinckney Point development.

Opponents say it would change the rural character of their neighborhood and threaten water quality in the Colleton and Okatie rivers.

Last summer, more than 250 people attended a hearing on the Pinckney Point dock permit application scheduled by OCRM. Objection to the docks in particular and the development in general was "damn near unanimous," Bluffton Mayor Hank Johnston said at the time.

Beaufort County Council Chairman Weston Newton of Bluffton has called the multiple docks "a de facto marina" in the pristine estuary.

Peterson said the developer shouldn't have been allowed to apply for the dock permit without securing Beaufort County approval first.

"I don't understand why DHEC even accepted their application," Peterson said Saturday. "It's presumptuous to even apply before the development has been approved by Beaufort County."

He also said "special conditions" of the dock permit make it conditional on Beaufort County approval as well.

"I don't believe Beaufort County Council will support this decision because it conflicts with their own ordinance," which limits docks to 300 feet in length, Peterson said.

The county has already denied the project and Pinckney Point LLC lost a decision by the Beaufort County Zoning Board of Appeals. The developer has filed another appeal in state Circuit Court that has not been scheduled for a hearing.

Meanwhile, another lawsuit over ownership of the dirt road that gives the developer access to the Pinckney Point peninsula has been heard by Beaufort County Master in Equity Marvin Dukes, who won't consider a decision until final arguments are filed.

Beaufort County brought the suit against property owners Agnes and David Pinckney, Dot P. Gnann and Pinckney Point LLC to establish ownership of the 0.2-mile dirt road after the Planning Commission and County Council failed to resolve the matter.

The road became an issue in fall 2005 when David Pinckney put up fence posts on an unpaved portion of the road leading to the home of his cousin, John Pinckney. The posts were meant to thwart the proposed development and later were removed.


PINCKNEY COLONY ROAD OWNERSHIP DEBATE GOES BEFORE COUNTY JUDGE

Date: Friday, June 27, 2008

Section: NEWS

Edition: BFT

Page: 5A

The future of rural Pinckney Colony rests on the ownership of a 0.2-mile dirt road - a question that is being debated before a Beaufort County judge.

The county brought the suit against property owners Agnes and David Pinckney, Dot P. Gnann and Pinckney Point LLC, after the Planning Commission and County Council failed to resolve the matter.

Beaufort County Master-In-Equity Marvin Dukes heard testimony in the case Thursday and is scheduled to continue with witnesses and cross-examinations starting at 9:30 at the county courthouse. With a number of witnesses still to be heard, it appears the case will continue past Friday before Dukes will begin his deliberations.

Robert Achurch, attorney for the county, called county Tax Assessor Ed Hughes as one of the first witnesses, using the tax records to show it was unclear whether John C. Pinckney, who sold the 220 acres to Pinckney Point LLC in 2005, actually paid taxes on the road.

The county's attorneys say the dirt road is a public road, maintained by the county for a number of years. The road is needed for access to the acreage at the north end of Pinckney Colony where Pinckney Point LLC wants to build 76 homes and seven community docks.

Pinckney, speaking in a videotaped deposition from his home in North Carolina, said he is unhappy that his relatives worked to oppose the sale of the property and the development plans.

According to him, the original price for the property had to be dropped from $17.5 million to $10.5 million because of the question over the road.


PINCKNEY POINT ROAD REMAINS UNRESOLVED

Date: Tuesday, April 29, 2008

Section: NEWS

Edition: BFT

Page: 1

Memo: QUOTE: "This is just one small part of a larger issue."

Jerry Stewart, Beaufort County Council

The Beaufort County Council on Monday rejected a proposed settlement that would have allowed development to proceed on Pinckney Point.

The proposed settlement was the result of mediation talks between county officials, neighboring property owners and Pinckney Point LLC attorneys, who met in Charleston earlier this month to try to work out a compromise on the ownership of a road that would need widened to allow development at the end of Pinckney Colony Road in Bluffton.

The developers, a group out of Florida, have plans for 76 single-family lots on the 220-acre former farm, as well as seven community docks in the Okatie and Colleton rivers.

But first, they must get permission from the county to replace and relocate the dirt road which runs within the waterfront setback buffer. The county Zoning Board of Appeals has already rejected the request, which means the developers' next step is the circuit courts, attorney Robert Achurch, who is representing the county, told the council.

The proposed agreement, which Achurch declined to release because of the ongoing legal status of the case, acknowledged that the road was owned by the county.

Because of that acknowledgement, Councilman Bill McBride encouraged his fellow council members to accept the agreement rather than leaving the issue in the hands of a circuit court judge.

"Since they're acknowledging it's a county road, that means we can prevent it from becoming a gated community, which, as you all know, I have a great dislike for," McBride said.

Councilman Jerry Stewart, whose district includes Pinckney Point, said he agreed with the majority of council members that the agreement should be rejected.

"This is just one small part of a larger issue," Stewart said.

The council got better news earlier in the meeting on another mediation matter, this one involving a suit filed by the county against the builders of the county courthouse, administrative building, law enforcement center and detention center.

The four buildings located on Ribaut Road in Beaufort were completed in 1991 but have suffered from water damage and structure deterioration for more than four years.

Mediation attorneys Michael Seekings and Jeff Leath of Charleston told the council a settlement of $8.2 million had been reached on the four buildings. The attorneys had estimated total repair damages in the range of $6 to $8 million.

"This is a tremendous result of which we should be very pleased," said Chairman Weston Newton.


MEDIATION DOESN'T SETTLE PINCKNEY POINT ROAD QUESTION

Date: Thursday, March 20, 2008

Section: NEWS

Edition: BFT

Page: 9

Attempts to mediate who owns Pinckney Colony Road were unsuccessful on Wednesday and the question appears headed to court.

"There was no agreement, but we aren't allowed to discuss what was said," said Julian Weston, president of the Pinckney Point Property Owners Association. Weston attended the mediation session in Charleston.

At issue is whether the county or the adjoining property owners own the dirt road leading to the tip of Pinckney Colony.

Developers are hoping to build 76 homes on the 229-acre tract but must first get permission from the county to widen Pinckney Colony Road to their property.

Neighbors who oppose the project contend the dirt road belongs to them. They were pleased in September when the county Zoning Board of Appeals rejected the developers' request to widen the road.

Without a mediated agreement, the question of road ownership will apparently be heard in court next month.

The developers have also not yet heard from the S.C. Office of Ocean and Coastal Resource Management about their request to build seven community docks and 70 individual boat lifts.


PINCKNEY POINT REVIEW POSTPONED

Date: Thursday, January 3, 2008

Section: NEWS

Edition: BFT

Page: 5

Dateline: BEAUFORT

The Pinckney Point developer pulled a conceptual review of its project plans off the Beaufort County Development Review Team's Wednesday meeting agenda.

The expected review of plans for the proposed 229-acre residential community in Pinckney Colony was removed from the agenda Wednesday morning at the request of Pinckney Point LLC of Jacksonville, Fla.

"They didn't indicate when they would be ready to resubmit," Zoning Administrator Hillary Austin said.

Conceptual approval is the first step in the county's development process.

The project, on the banks of the Okatie and Colleton rivers, has been before the team before, but action was tabled until the developer could approach the county Zoning Board of Appeals for a river buffer variance.

The board, which originally heard the request in April, denied a variance in September.

Residents in the Pinckney Colony community are opposing the plans for the 76-lot subdivision.

They also have expressed opposition to the developers' plan for seven community docks on the property.

The state Office of Ocean and Coastal Resource Management held a public hearing on the dock application in August but has not made a determination.


COUNTY BEGINS NEW YEAR WITH OLD DEVELOPMENT PROPOSAL

PINCKNEY POINT PROJECT GOES BACK BEFORE REVIEW TEAM TODAY.

Date: Wednesday, January 2, 2008

Section: NEWS

Edition: BFT

Page: 1

Beaufort County's Development Review Team will begin the new year today with an old project.

Pinckney Point, a proposed 229-acre residential development on the banks of the Okatie and Colleton rivers in Pinckney Colony, will be before the review team for conceptual approval, the first step in the county's development process.

The project, proposed by Jacksonville-based Stokes and Co., has been in front of the team before, but action was tabled until the developers could approach the county's Zoning Board of Appeals for a river buffer variance.

The board originally heard the request in April and rejected it in September, the majority agreeing that the work could take place without a variance.

Residents in the Pinckney Colony community are opposing the plans for the 76-lot subdivision.

Residents also have expressed opposition to the developers' plan for seven community docks on the property.

The state's Office of Ocean and Coastal Resource Management hosted a public hearing on the dock application in August, but no determination has been made by the agency.

Today's meeting, which begins at 11:30 a.m. in the county's administrative building on Ribaut Road in Beaufort, has a lengthy agenda of 12 projects.

All content herein is Copyright © 2008 Savannah Morning News and may not be republished without permission.


PINCKNEY POINT BUY WORTH ANOTHER TRY

Date: Friday, September 28, 2007

Section: CAUSES

Edition: BFT

Page: 14

At some point, the developer of Pinckney Point has to realize that very few people want 76 new homes on the lightbulb-shaped property.

The area's residents don't. People who use the nearby Okatie and Colleton rivers don't. Mother Nature seemingly doesn't.

And neither, apparently, does the Beaufort County Zoning Board of Appeals, which on Wednesday turned down the developer's request to relocate the only entrance into the property at the end of Pinckney Colony Road.

Without that road, the developer can subdivide the property into just a handful of lots - which means the development is basically dead in the water.

Perhaps it's time to call it a day. Or, maybe, an Open Land Trust nature preserve.

The county tried to buy the land for $8 million from John Pinckney last year, but embarrassingly ran out of cash in its Rural and Critical Lands Program. Pinckney soon found another buyer, Pinckney Point LLC, who gave him $10 million for the old homestead and grass farm.

But that entrance road has proved to be troublesome, perhaps insurmountable. Mother Nature is standing firmly in the development's way.

The narrow road is dirt; it's right beside the Okatie River, and the point's neck is too narrow to widen the road to two paved lanes and still keep it 100 feet from the river, as county ordinances require.

At this point, the developer can fight its battle in court - which is a no-win situation, particularly when it comes to public opinion - or, perhaps, offer the entire property to the county for $10 million or so.

The county's land-buying program has the cash this time. And county officials have had the courage to follow their own ordinances and resist approving 76 homes where only five could otherwise be built.

We're proud of the county so far. Take this one step further and spend a little more money to buy what we should have bought months ago and we'll practically be singing the county's praises in the street.

Or, maybe, from behind our cane poles on the banks of the Okatie River.


ACCESS ROAD DENIED TO DEVELOPERS

PINCKNEY COLONY RESIDENTS APPLAUD BOARD'S RULING.

Date: Thursday, September 27, 2007

Section: NEWS

Edition: BFT

Page: 1

Developers of Pinckney Point LLC received a temporary setback Wednesday night at the hands of the Beaufort County Zoning Board of Appeals, which turned down their request for a river buffer variance.

On a three-two vote, the board rejected attorney Walter Nester's argument that an economic hardship would be created if the request to build a new road into the 229-acre tract was rejected.

The property is currently accessed by a dirt road that runs through the river buffer and setback zone. The road is maintained by the county although there is a question about whether it's owned by the county or residents living in Pinckney Colony.

The board, which heard the variance request in April, had hoped the County Council would first address the issue of whether it's a county road or not. But the council's Public Services Committee two months ago opted not to consider the question and sent it back to the ZBOA for a ruling.

"Basically, this question was put in front of the Public Services Committee and they punted it back to us, which I don't like but that's where we are," said ZBOA Chairman Thomas Gasparini.

Several Pinckney Point property owners spoke in opposition to the variance request, expressing concern that the waterfront buffers and setback standards be maintained.

Attorney Roberts Vaux, representing the Pinckney Point Property Owners Association, argued that the developer should be required to get permission from the county or the courts to realign the existing road before a variance is granted on a new road.

"They've got the cart before the horse," Vaux said.

Board member Claude Dinkins, after several minutes of silence, made a motion to approve the variance but could get no second. Board member Philip Leroy then made the successful motion to deny the request, which was applauded by people in the audience.

Planning Director Tony Criscitiello said the developer can still build on the property, zoned rural, but he'll have to use the existing road.

The developers, Stokes & Co. of Jacksonville, Fla., have proposed 76 lots on the property but using the existing road would require a reconfiguration of that initial development plan.


HEARING TONIGHT ON ACCESS ROAD TO DEVELOPMENT

PINCKNEY POINT LLC SEEKS RIVER BUFFER VARIANCE.

Date: Wednesday, September 26, 2007

Section: NEWS

Edition: BFT

Page: 1

A variance hearing tonight could determine a developer's access to Pinckney Point.

The Beaufort County Zoning Board of Appeals meets at 5 p.m. in the Council Chambers at 100 Ribaut Road, Beaufort.

Pinckney Point LLC is requesting a river buffer variance to allow for relocation of a road to the 229-acre property it wants to develop.

The board also is scheduled to hear public comment on the variance request.

County Zoning Administrator Hillary Austin said Tuesday the dirt access road to Pinckney Point crosses a narrow "bottleneck" that brings it within the river buffer.

"They're requesting a variance to move the road outside of the river buffer," Austin said.

The county zoning staff has not made a recommendation on the variance request but will meet to consider a position this afternoon.

The proposed development is opposed by members of the Pinckney Colony Neighborhood Association, many of whom have owned land between the Okatie and Colleton Rivers for generations.

Association President Julian Weston, via Savepinckneycolony.com, urged development foes to attend tonight's meeting "and express their opposition to the granting of any variance of the river buffer standards."

The zoning board considered the same variance request in April before it was withdrawn by the developer because of questions about ownership of the road, which is in litigation.

Development plans for 76 homes have not been reviewed by the county because of the pending road issues.

On hold as well is the developer's application to the state Office of Ocean and Coastal Resource Management for a permit to build seven docks with up to 70 boat slips.

Stokes Bush & Barnes Land Co. LLC, an Atlanta developer, bought Pinckney Point for $10 million last year from John C. and Nancy Pinckney. Prior to the sale, Beaufort County tried but failed to buy the property for $8 million when its Rural and Critical Lands Program ran out of cash.

Stokes & Co. formed Pinckney Point LLC, based in Jacksonville, Fla., to develop the property at the end of Pinckney Colony Road off U.S. 278.

Contact reporter Richard Brooks at 815-0818 or richard.brooks@blufftontoday.com


HERBKERSMAN ENCOURAGED BY TURNOUT AT DOCK HEARING

NEW FACES JOIN OLD WARHORSES AGAINST PINCKNEY POINT DEVELOPMENT.

Date: Sunday, September 2, 2007

Section: NEWS

Edition: BFT

Page: 1

State Rep. Bill Herbkersman believes the environment is a unifying issue in Bluffton.

He said that was confirmed by the crowd of more than 250 people at a Thursday public hearing on a dock application for Pinckney Point.

"I was extremely pleased, in a couple of ways, by the turnout," Bluffton's representative said Friday.

"First was seeing all the usual people who have been working hard on these issues for a long time. And there were a lot of new faces that we welcome to the environmental dialogue we've had for years," he said.

"It was a good indication of the undercurrent in the community," he said. "We've got to do something to save the environment or change our way of life."

Herbkersman formally requested the hearing by the S.C. Department of Health and Environmental Control's Office of Ocean and Coastal Resource Management because the agency received so many letters objecting to the development before the Aug. 6 deadline for written comments.

"Our environment is under assault and it's critical that y'all are here," Herbkersman said at the hearing Thursday. "Your comments help the state enforce existing laws and help us (in the Legislature) pass additional laws to protect the environment."

The Republican said Friday he didn't consider it unusual that opposition to the Pinckney Point development crossed political party lines and included developers like himself.

"It's about smart development and smart growth," he said. "If you start assaulting what people came here for in the first place it takes no time to turn the other way and lose what we have."

Stokes Bush & Barnes Land Co. LLC bought Pinckney Point for $10 million last year from John C. and Nancy Pinckney. Prior to the sale, Beaufort County tried but failed to buy the property for $8 million when its Rural and Critical Lands Program ran out of money.

Stokes & Co. formed Pinckney Point LLC to develop the property and has filed an application with the OCRM to build seven community docks, each with 10 boat slips, on the Okatie and Colleton rivers as part of a development on 229 acres off U.S. 278.

The developer has applied to build six piers of between 169 and 975 feet in the Okatie River, a 900-foot pier in the Colleton River, an 86-foot boat ramp with a floating dock in an unnamed tributary and a boardwalk to a nearby marsh island, according to a public notice from the U.S. Army Corps of Engineers and the state OCRM.

The Corps of Engineers has jurisdiction over construction in wetlands and navigable waterways but delegates permitting authority to the state agency.

Development plans for 76 homes at the end of Pinckney Colony Road have not yet been reviewed by the Beaufort County planning staff. The county Development Review Team is waiting for a determination on ownership of the narrow dirt road leading to the property.

Contact reporter Richard Brooks at 815-0818 or at richard.brooks@blufftontoday.com

OTHER VOICES

Additional comments from the Thursday public hearing about the development of Pinckney Point:

- "Study after study after study has recognized these as pristine headwaters. If we mess this one up there's no going back to fix it," said Eric Woods of Bluffton.

- "It would be the death of the Okatie River if we allow this (development) to occur," said Bill Marscher, former chairman of the county Clean Water Task Force.

- "The developers of much, much bigger communities have much less dock space. These docks will change the configuration of the river," said Bruce Yingling of Pinckney Colony.

- "Community docks are intended to combine the interests of lots of people ... but marinas have a different set of standards, more stringent regulations. This is a marina and it's the wrong place for it. This is a bad application," said Spring Island resident Dick Stewart, a former Beaufort County Council member.

- "We strongly oppose this dock permit application. It clearly has no regard for the surrounding community.... One boat lift per home site is essentially a marina," said Julian Weston, president of the Pinckney Colony Neighborhood Association.


THE PEOPLE SPEAK. ANYONE LISTENING?

Date: Sunday, September 2, 2007

Section: CAUSES

Edition: BFT

Page: 10

Bluffton has done its part. Now it's up to our elected and appointed officials to listen.

More than 250 people turned out Thursday night to speak against the proposed development at Pinckney Point.

Specifically, they are upset about plans to build a marina on the pristine Okatie and Colleton rivers.

Pinckney Point's developers don't call it a marina. They refer to it as seven community docks, each with 10 boat slips.

It's a marina.

And it would be built on a public waterway classified as an "outstanding resource" by the state.

Thursday's crowd had a passion that reminded many of the famous "Little Old Ladies in Tennis Shoes" who worked so hard against, and ultimately defeated, plans to build a BASF plant on the Colleton River three decades ago.

The citizens who gathered Thursday night have the same mindset. They won't take no for an answer.

This is about more than docks. The planned marina is part of Pinckney Point's plan to develop 229 acres at the end of Pinckney Colony Road off U.S. 278.

Beaufort County could have prevented the development by paying $8 million for the land, but its Rural and Critical Lands Program had run out of money at the time.

But the preservation program's bank account has been replenished by the passage of a $40 million referendum in 2006, so the county could get another chance.

Local residents don't want the development. They hate to see one of the most beautiful spots in southern Beaufort County marred by bulldozer tracks.

Mary O. Merrick brought the house down Thursday night when she told the crowd: "I've lived at Pinckney Colony on the Colleton River for 86 years, and I intend to live there and fight this development until my dying day."

The people are with her. Are the people's representatives?

We'll find out as the dock permit application and development plans are addressed by various state and county agencies.


MORE THAN 250 OPPOSE DOCKS, DEVELOPMENT

PINCKNEY POINT PROPOSAL RAISES BLUFFTON'S PASSION.

Date: Friday, August 31, 2007

Section: NEWS

Edition: BFT

Page: 1

Long-time Bluffton residents raised the specter of BASF and other past threats to the Colleton and Okatie rivers in speaking Thursday against a proposed development at Pinckney Point.

More than 250 people attended a hearing that was scheduled by the S.C. Department of Health and Environmental Control's Office of Ocean and Coastal Resource Management because the agency received so many letters objecting to the development.

Mayor Hank Johnston asked for a straw-poll show of hands and proclaimed the opposition "damn near unanimous."

Roberts Vaux, a Bluffton lawyer, whipped the crowd into frenzied applause with the reminder that local activism stopped a BASF chemical plant, a Chicago Bridge & Iron foundry, a Thunderbird fiberglass boat plant and other industrial uses of nearby Victoria Bluff.

"We defeated them through meetings just like this," Vaux said. "We've fought this fight for 40 years, and we'll fight it for another 40 years."

But it was Mary O. Merrick who best captured the mood in the Bluffton High School auditorium with a passionate vow.

"I've lived at Pinckney Colony on the Colleton River for 86 years and I intend to live there and fight this development until my dying day," Merrick said.

Pinckney Point LLC has filed an application with the OCRM to build seven community docks, each with 10 boat slips as part of a development on 229 acres at the end of Pinckney Colony Road.

The Jacksonville, Fla.-based developer's application also includes a boat ramp with a floating dock in an unnamed tributary and a boardwalk to a nearby marsh island, according to a public notice from the U.S. Army Corps of Engineers and the state OCRM.

The docks would serve a 76-home development that has not yet been reviewed by the Beaufort County planning staff.

Beaufort County Council Chairman Weston Newton of Bluffton declared the proposal "a de facto marina" in a pristine estuary.

"It's too much and too concentrated in an area that's already threatened," Newton said.

Reed Armstrong of the South Carolina Coastal Conservation League said the total number of boat slips is well above the threshold for a marina but the developer is attempting to spread them among a number of docks to avoid scrutiny.

"Large-scale marina operations are a more serious environmental threat, and the OCRM has established more stringent regulations for them," Armstrong said.

"The OCRM should reject this application and the developer should resubmit it for what it really is - a marina," he said.

Henry Diercxsnes of Callawassie Island gave the DHEC and OCRM hearing officials a petition with more than 500 signatures from dock permit opponents living at Spring Island, Callawassie, Chechessee, Bailey's Landing, Camp St. Mary's, Oldfield and Sun City.


HEARING TODAY FOR PINCKNEY POINT DOCKS

DEVELOPER HAS APPLIED FOR 70 BOAT SLIPS IN OKATIE, COLLETON RIVERS.

Date: Thursday, August 30, 2007

Section: NEWS

Edition: BFT

Page: 1

A proposal to build what critics consider a de facto marina in the estuary off Pinckney Point is expected to draw a crowd to a public hearing tonight.

"The community is well educated on this issue and I hope there's a good public turnout," said Nancy Schilling of Friends of the Rivers.

"Bodies in the room make a difference, so people should show up even if they don't plan to speak," Schilling said.

The meeting at 6 p.m. at Bluffton High School was scheduled by the S.C. Department of Health and Environmental Control Office of Ocean and Coastal Resource Management.

The deadline for written public comments on the Pinckney Point development was Aug. 6. But a hearing was scheduled because the OCRM received so many letters objecting to the development, according to project manager Curtis Joyner of the agency's Charleston office.

Two of the state's top permitting officials toured the waters off Pinckney Point by boat on Aug. 15, a trip organized by Friends of the Rivers to inspect the potential site of up to 70 boat slips.

"It was not an official site visit but we wanted to see it for ourselves," Carolyn R. Bolton, deputy commissioner of the Office of Ocean and Coastal Resource Management, said following the boat ride. "It was good to get out and actually see the conditions first hand."

Pinckney Point LLC has filed an application with the OCRM to build seven community docks, each with 10 boat slips, on the Okatie and Colleton rivers as part of a development on 229 acres off U.S. 278.

The Jacksonville, Fla.-based developer has applied to build six piers of between 169 and 975 feet in the Okatie River, a 900-foot pier in the Colleton River and an 86-foot boat ramp with a floating dock in an unnamed tributary, according to a public notice from the U.S. Army Corps of Engineers and the state OCRM.

The Corps of Engineers has jurisdiction over construction in navigable waterways but delegates permitting authority to the state agency.

Stokes Bush & Barnes Land Co. LLC, an Atlanta developer, bought Pinckney Point for $10 million last year from John C. and Nancy Pinckney. Prior to the sale, Beaufort County had tried but failed to buy the property for $8 million when its Rural and Critical Lands Program ran out of money.

Stokes & Co. formed Pinckney Point LLC to develop the property.

Development plans for 76 homes at the end of Pinckney Colony Road have not yet been reviewed by the Beaufort County planning staff. The county Development Review Team is waiting for a determination on whether the county owns the narrow dirt road leading to the property.

The developers want to realign the road but the county's Zoning Board of Appeals has declined to consider the request until the County Council decides who owns the road.

But Administrator Gary Kubic told the County Council on Monday night the issue should be determined by the Development Review Team. If the developers don't agree with the decision they can appeal to the Zoning Board of Appeals or the County Council, Kubic said.

Contact reporter Richard Brooks by phone at 815-0818 or e-mail at richard.brooks@blufftontoday.com


HAVE YOUR SAY ON THE DOCK PERMIT

Date: Tuesday, August 28, 2007

Section: CAUSES

Edition: BFT

Page: 8

The Colleton might be Bluffton's "other" river, but it's no less important than the May in judging how we're handling all this growth.

If the shrimp and oysters die in either river, we've failed.

And we're a bit closer to failure in the Colleton than we are in the May. In the former, the oysters are already disappearing. And all those new sandbars didn't get there by accident.

Something's changing in the Colleton River. It's not yet time to declare failure, but we just might be getting there.

That's why we hope everyone who can attends Thursday's meeting about the proposed Pinckney Point docks.

The developer of the 227-acre parcel there wants to build seven community docks and a community boat ramp on the Colleton and its upstream sister, the Okatie.

That's a lot of docks, especially when one considers each dock would have 10 boat lifts. Whether that makes it a "marina," as some opponents claim, isn't clear. But it does mean it's a lot of docks and a lot of boat lifts - and that at least is worth seriously debating.

Many residents of the Pinckney Colony and Camp St. Mary's areas, along with state Rep. Bill Herbkersman, wrote letters to the state Office of Ocean and Coastal Resource Management asking for a public hearing on the dock permit. They're getting their wish.

That hearing's set for 6 p.m. Thursday in the Bluffton High School auditorium. Go. You'll have a chance to have your say, OCRM officials promise.

According to the OCRM's official public hearing notice, you can also submit "important facts and statements" in writing to OCRM officials at the meeting, or by mailing them to:

SCDHEC-OCRM

1362 McMillian Ave., Suite 400 Charleston, SC 29405

Attn. Steve Brooks

The Colleton might be the other river for those of us used to the May, but what happens on the northern part of the Bluffton peninsula sets a precedent for what happens on the south.

Let's fight and win the battle there, on the Colleton, before it makes its way down here.


COMMUNITY SHOULD FIGHT THE ASSAULT ON OUR RIVERS

Date: Friday, August 24, 2007

Section: CAUSES

Edition: BFT

Page: 13

Column: When Life is Fair

When life is fair, Bluffton Police Chief David McAllister will need to deploy all of his traffic unit's officers to Bluffton High School at 6 p.m. this Thursday because of the massive traffic jam caused by the overflow crowd attending the Ocean and Coastal Resource Management meeting to protest the proposed permit to allow Pinckney Point LLC to build 10 docks with the capacity of approximately 70 units and a community boat ramp along the Okatie and Colleton rivers.

This all out thoughtless assault on our river systems by assorted developers has got to be stopped. Pinckney Point LLC is based out of Jacksonville, Fla., so you can only guess how much they care about the long-term effect these docks will have on our ecosystem.

The OCRM's Web site says that one of the agency's goals and objectives is to "encourage low impact and alternative development to preserve water quality and environmental integrity."

How in the world is allowing the construction of these proposed docks and ramps with approximate lengths of 170 to 900 feet going to preserve water quality and environmental integrity along these waterways?

Actually, we aren't talking about docks and a launching ramp; we're talking about building a marina, according to S.C. Regulation 61-47, which defines marina as "any water area with a structure (docks, basin, floating docks, etc.) which is: 1) used for docking or otherwise mooring vessels; and 2) constructed to provide temporary or permanent docking space for more than 10 boats, or has more than 200 linear feet of docking space."

So really, 10 docks and a ramp is just spin for allowing this LLC to construct a marina, make money and go back to Florida at our river's expense.

What about the possible effects of these recreational vehicles on the area's rivers?

To quote from OCRM's own shellfish management report of 2006, the Okatie River from its headwaters to Station 16, at the confluence of the Pinckney Colony tributary, will remain "restricted" for the purpose of shellfish harvesting.

It cites the recent developments all along the Okatie and Colleton rivers as contributing to this restriction, despite efforts to control runoff.

Does this sound like an area that needs more pollutants from gasoline engines to enter the water?

Beaufort County is currently considering additional development along the already fragile Okatie. The county should be upfront and state a strategy: You can live along our rivers but you can't build into them anymore.

We need a concerted effort by all governments in the region, not just within Beaufort County, to protect our environment from the inevitable destruction of the purity of our waterways.

I know we don't like to vote around here, but this is a chance to hopefully make a difference and support all of the volunteer groups fighting for our rivers. If not, you can just come to Thursday's meeting and complain.

In the meantime, you can contact me at whenlifeisfair@hargray.com


PINCKNEY POINT DOCKS SUBJECT OF PUBLIC HEARING

Date: Saturday, August 11, 2007

Section: REGIONAL NEWS

Edition: BFT

Page: 6

A plan to build seven docks with as many as 70 boat slips on the Okatie and Colleton rivers will be the subject of a public hearing later this month.

The S.C. Office of Ocean and Coastal Resource Management has scheduled the hearing for 6 p.m. Aug. 30 in the Bluffton High School auditorium.

"We received a number of comment letters about this project, the majority expressing concern so the hearing was scheduled to give citizens an opportunity for further comment," said OCRM project manager Curtis Joyner of the Charleston office.

The developer, Pinckney Point LLC of Jacksonville, Fla., filed an application for the project last month as part of the long-range development plans for the 229 acres off U.S. 278.

Development plans which have not yet been approved by the county call for 76 homes at the end of the Pinckney Colony dirt road.


PRESERVING AS MUCH AS POSSIBLE

OVERSIGHT OF THE COUNTY'S LAND-BUYING PROGRAM HAS SAVED 10,000 ACRES FROM DEVELOPERS' BULLDOZERS.

Date: Wednesday, August 1, 2007

Section: COVER STORY

Edition: BFT

Page: 16

Caption: Photos by Scott Salisbury/Bluffton Today

(1) ON THE COVER: Otis Daise pours out fresh plumbs at the farmers' market in Bluffton Oyster Factory Park.

(2) Everything you see here - trees, marsh, river - is protected by the county land-buying program's most ambitious purchase south of the Broad River, the 148-acre Okatie Headwaters Regional Park Preserve.

(3) Feel free to use the oyster shell bank near the Bluffton Oyster Co. to launch your boat or kayak. The county's land-buying bank, with help from the town's, ensures you can do that.

(4) Feel like a picnic? Check out the Pinckney Colony Preserve, located near the intersection of U.S. 278 and the park's namesake road.

(5) Sometimes, nothing more is planned for a purchased property than just leaving it alone, like at Calhoun Plantation along Pinckney Colony Road.

Otis Daise makes his living on land like the Bluffton Oyster Factory Park.

Each Tuesday there, the St. Helena Island native spreads around his farm's corn, tomatoes, squash, butterbeans, watermelons and okra, because "you gotta have okra."

And each Tuesday, customers like Anne Quigley of Bluffton line up to buy what Daise sells.

They owe it all to Beaufort County's land-buying program, funded twice now by county voters. One of the program's key south-of-the-Broad purchases was the oyster factory and five acres around it on Wharf Street by the May River. It's now a farmers' market once a week.

"You can stop here and get your vegetables and get your fish at the oyster factory and have a nice view, all at one time," Quigley said.

Since the land program's beginning in 2003, sometimes working with municipalities, more than 10,000 acres have been preserved from development through either outright purchases or the setting aside of development rights.

Either way, it's working.

"My phone rings a lot with people saying 'We've got the best property for you.' One of my first jobs is to act as a filter," says Glenn Stanford, the project manager for the Trust for Public Land, the group tasked with overseeing the Beaufort County Rural and Critical Lands Program.

Stanford and his crew have about $40 million left to spend, something like four-fifths of the money voters approved in a land-buying referendum last fall.

About half of the money from both the first $40 million referendum and this newest one has been spent south of the Broad River - mostly near the headwaters of the Okatie River, along the May River near its mouth, along the still-rural Pinckney Colony Road and deep inside the Bluffton Park development.

It's not easy work, Stanford said. Trust for Public Land staffers have to balance subjective criteria like where a property is, how much is available, how much it costs, what its value is (on paper, aesthetically and environmentally) and whether the politicians with the purse strings support their proposals.

Sometimes they don't. "It happens," Stanford said. Sometimes, Beaufort County Council members don't like a land-buying plan. When that happens, the deal dies and Trust for Public Land moves on to the next idea.

"They're not just a rubber stamp for TPL, not by any stretch," he said. "And we don't want them to be."

The referendum's original $50 million is "a lot of money, but it's not a lot of money" at the same time, he said.

By law, Trust for Public Land can't offer more than a property's fair-market value. And staffers "try not to put all of our eggs in one basket" by spending on small properties that cost millions, Stanford said.

If a property on U.S. 278 costs $5 million or more - and most does - "there goes 10 percent of our money," he said. "But 278 is certainly important."

The trust has "a lot of projects in the hopper," Stanford said.

The most recent to close was on Lemon Island along the Broad River, where the buy eliminated from development 130 possible new homes.

Trust for Public Land buys land for the county in two ways - by purchasing it outright (like the oyster factory and Lemon Island), or buying conservation easements or development rights (like on the Ulmer property along the May River).

Efforts don't always succeed. An attempt to buy property on Pinckney Point at the end of Pinckney Colony Road failed, and a development is now planned there. Stanford called that "a sad situation."

But for every defeat, there are Lemon Island and oyster factory and Ulmer property successes.

Contact Rob Dewig at 815-0829 or robert.dewig@blufftontoday.com

PICK YOUR PARK

The county's Web site has a nice list of the properties purchased through the Rural and Critical Land Preservation Program, which is administered by the Trust for Public Land.

Major acquisitions in the Bluffton area include the following highlights. (This list is not all-inclusive):

- The Okatie River Headwaters Regional Park Preserve - three tracts, 148 total acres, including 2,500 linear feet along the Okatie River. Combined, they cost $9.9 million to preserve. Two of the tracts make up all the trees you can see south of the bridge across the Okatie (just east of McGarvey's Corner, where S.C. 170 and U.S. 278 intersect). The third, known as Barrel Landing, is on the northwest side of the bridge.

- The Bluffton Oyster Factory Park - 5 acres fronting Wharf Street, including public access to the May River. It cost $2.5 million, with help from the town of Bluffton and the Beaufort County Open Land Trust.

- Pinckney Colony Preserve - 38 acres at the intersection of U.S. 278 and Pinckney Colony Road, including 27 acres of freshwater wetlands. It cost $3,150,000 and is developed as a passive park with picnic tables.

- Calhoun Plantation - 86 acres along Pinckney Colony Road, with 145 nearby acres protected by a related conservation easement. The easement is held by the Beaufort County Open Land Trust and prevented the development of 80 potential homes. It cost $850,000 to purchase the development rights.

- The Alan Ulmer Property - The Ulmer family has agreed to place 1,500 acres under a conservation easement, although only about 500 are protected so far. When completed, the development rights buy will prevent 5,000 possible homes and 100 acres of commercial development.

- Altamaha Property/Heyward Point - 100 acres bought for $3.1 million to protect a historic Indian town. The S.C. Department of Natural Resources contributed $300,000. A park is planned for the site.

- New Riverside - 477 acres for $1,090,000 in Rural and Critical Land funds, with $2,410,000 coming from other sources.

Source: www.bcgov.net/public_info_officer/rural_critical_lands/r&cl_main.php


PINCKNEY POINT DOCKS REQUEST STIRS OPPOSITION

Date: Sunday, July 15, 2007

Section: NEWS

Edition: BFT

Page: 3

Infobox: ON THE NET: To view an online copy of Pinckney Point LLC's joint permit application to the state OCRM and the U.S. Army Corps of Engineers, go to: www.scdhec.net/environment/ocrm/notice/docs/PN070607/JPN070607_pinckney.pdf

Developers of Pinckney Point LLC have applied to the state and federal authorities for a permit to build seven community docks on the Okatie and Colleton Rivers.

The docks, as proposed by Thomas and Hutton Engineering, call for the capacity of 10 boat lifts each.

The applications also include a community boat ramp with a boarding dock.

"We think it's outrageous," said Nancy Schilling, founding director of the Friends of the River, a nonprofit organization that works to protect the area's environmentally sensitive waterways.

"The county residents have worked so hard with the Clean Water Task Force and the Special Area Management Plan to identify ways to protect the water quality, and then a project like this comes along," she added.

The developers are still negotiating with the county for a river buffer variance to relocate a dirt road onto the 229-acre tract they hope to develop at the end of Pinckney Colony Road.

The County Council Land Management Committee heard arguments from the developers in June about the road ownership but delayed any decision for further negotiations with neighboring property owners.

Initial development plans for the property, which are opposed by the Pinckney Colony Property Owners Association, call for 76 residential lots on the point of land between the Colleton and Okatie rivers.

The dock permit application is being considered by the U.S. Army Corps of Engineers and the S.C. Office of Coastal Resources Management.

Written comments are due before noon on Aug. 6 at U.S. Corps of Engineers, Regulatory Division, 69A Hagood Avenue, Charleston, S.C. 29403

Contact reporter Lolita Huckaby at bftbay@charter.net


MURKY ROAD OWNERSHIP DELAYS PROJECT

PLAN CALLS FOR 76 HOMES TO BE BUILT ON PINCKNEY COLONY ROAD.

Date: Wednesday, June 13, 2007

Section: NEWS

Edition: BFT

Page: 21

The convoluted tale of development at Pinckney Point boggled the minds Tuesday of members of Beaufort County Council's Public Services Committee which had been asked to determine who owns the road leading to the controversial project.

The committee opted to delay any decision at the request of attorneys representing Pinckney Point LLC. The developers were hoping the County Council would say they have no problem with plans to remove part of the dirt road, which the county has maintained for years, from the Okatie River buffer zone.

County Attorney Robert Achurch told the committee he has no problem with the request, as did County Engineer Bob Klink.

But after listening to attorney Roberts Vaux, representing some of the Pinckney family members who are concerned about the proposal to build 76 homes on the 229-acre tract, the committee members agreed to table indefinitely the issue for more information.

Developers of the former farmland at the end of Pinckney Col ony Road, between the Okatie and Colleton Rivers went before the county Zoning Board of Appeals in April to ask for permission to relocate the road from the river-front buffer.

But the ZBOA members wanted to know if the County Council, representing the county which is presumed to own the road since public works crews have scrapped it for so many years, objected.

The ownership of the road leading up to the Pinckney Point LLC property line is still in question and the subject of a lawsuit filed by the county in November 2005.

Without the ZBOA approval, the developers, Stokes, Bush and Barnes Land Co. of Atlanta, cannot get conceptual approval for their plans.

The committee also delayed a proposal from the county staff to spend $1.2 million in surplus funds from the S.C. 170 widening project on decorative lights across the Broad River Bridge and a restroom facility at the new fishing pier at the bridge.

Several citizens spoke against the lights, suggesting the county use the money for bike paths, landscaped medians along S.C. 170 or even purchasing additional land along the corridor to prevent further development.

"This is the worst pork-barrel project I've ever seen," Councilman Paul Sommerville said. "You gotta be kidding - $500,000 for lights on that bridge!"

Deputy County Administrator Buz Boehm explained the money had to be used in connection with the S.C. 170 project, which was approved as a sales tax referendum in 2002.

All content herein is Copyright © 2008 Savannah Morning News and may not be republished without permission.


Recalling Pinckney Black Roots

Submitted by esmith on November 28, 2005 - 11:56pm.Cover story
An author adds a chapter to the history of Pinckney Colony.


Kim Rowland/Bluffton Today
Mary Pinckney Easterling Powell displays copies of her books at her Beaufort home.

RICHARD BROOKS
BLUFFTON TODAY

A Pinckney Colony native documented the genealogy of her white family, then turned her attention to the black families whose history is intertwined with her own.

Mary Pinckney Easterling Powell wrote “Over Home” about the family that gave Pinckney Colony its name.

After its publication, Powell said, her black friends challenged her to write about their history as well.

As Eloise Pinckney Green, who nursed Powell’s brother before his death, pointed out: “We’re a part of Pinckney Colony, too.”

Powell also was encouraged by her granddaughter, Mary Pinckney Battle, who majors in Southern studies at Ole Miss in Oxford, Miss.

“She (Battle) is interested in our life and especially our relationship with the blacks,” Powell said.

The result is “Back Home Roots,” subtitled “A Missing Chapter in the Story of Pinckney Colony.”

It was published last month. Powell talked about her writing experience amid boxes of books stacked in her Beaufort home overlooking Battery Creek.

“I really wrote this for the blacks,” Powell said. “It deals with their roots — as much genealogy as I could get.”

She said family Bibles were the main source of much information in the book along with the memories of older Pinckney Colony residents.

But there aren’t many older than Powell, who just turned 96.

Powell said she started researching “Back Home Roots” at the black cemetery on Pinckney Colony Road, visiting with descendants of those buried there and collecting their family histories.

“It was a wonderful feeling to re-establish these relationships. It was a revisiting,” Powell said. “They didn’t mind me coming to their house and they opened up to me and told me their stories.”

PLANTATION HISTORY

In 1847 the original settler, James William Porcher, wanted to start a plantation next to his childhood friend, James Kirk, who built Rose Hill.

Porcher brought an educated slave, Nero Wright, from his father’s plantation near Savannah to help establish his new farm, which thrived thanks to their agricultural expertise, Powell said.

While other antebellum plantations were obsessed with cotton, Porcher and Wright produced enough food to establish trade with other planters.

Powell credits Wright with helping establish an agricultural base that would exist long after the cotton economy failed.

Porcher’s plantation eventually would be farmed after the Civil War by Confederate veteran Eustace Bellinger Pinckney, the grandfather of Mary Pinckney Easterling Powell.

Descendants of Porcher’s slaves remained at what became Pinckney Colony and worked for the four sons of Pinckney and his bride, Mary Martha “Daisy” Porcher.

While Pinckney Colony blacks took the name of their former owners after the Civil War, many surnames were added through marriage, Powell said.

The names Chisolm, Alston, Martin, Cohen, Green and Frazier are common among the black descendants of Pinckney Colony.

Powell said her family’s Huguenot background played an important role in race relations at Pinckney Colony.

“Huguenots were very religious and I believe they may have wanted the blacks to be able to read the Bible,” she said. Less altruistically, education was an asset to the farm, she said.

“We had a relationship with blacks that others didn’t. We were taught to get along,” Powell said. “We would have been punished if we were ugly to black people.”

 

Pinckney Point road reopened

Submitted by esmith on December 3, 2005 - 11:59pm.News
Fence posts removed from dirt road right of way.

BY LOLITA HUCKABY AND RICHARD BROOKS
BLUFFTON TODAY

A lawsuit filed by Beaufort County against some Pinckney Colony residents has been temporarily resolved.

The county filed a complaint last month against John David Pinckney and some of his relatives for placing wooden fence posts in a dirt road maintained by the county.

The fence posts were on property claimed by Pinckney but narrowed the road right of way to about 20 feet.

A hearing before Master in Equity Curtis Coltrane was scheduled for Wednesday at the Beaufort County Courthouse, but the defendants agreed to move the posts from the right of way, according to the judge.

“There will still have to be a hearing on the merits of the question as to road ownership, but that’s not scheduled at this point,” Coltrane said Friday.

The road provides access to the 229-acre Pinckney Point property at the end of Pinckney Colony Road.

Pinckney Point is owned by John C. Pinckney, John David Pinckney’s cousin.

John C. Pinckney and his wife, Nancy, have contracted to sell the land for $15 million to an Atlanta developer, Stokes & Co., which has proposed building more than 70 single-family houses on the site.

The county originally was interested in buying Pinckney Point for $8 million through its Rural and Critical Lands Program but could not secure funding.

John C. and Nancy Pinckney have said they want to sell the land to distribute the money to their children in order to avoid an estate tax burden.

Other Pinckney family members and residents of Pinckney Colony oppose the development. Among the opponents is Julian Weston, president of the Pinckney Colony Neighborhood Association.

Weston has said that development plan does not meet the county’s Development Standards Ordinance requirement for a 50-foot-wide access road to the property

In October the county Development Review Team rejected development plans for Pinckney Point, citing the need for an archaeological survey and other requirements.

Other county staff concerns included:

  • The need to reroute proposed roads and water and sewer utilities so they would not cross a river buffer.
  • The need to protect natural resources.
  • A Lack of details in a tree-removal plan.
  • The Need for an analysis of the traffic impact on U.S. 278.
  • The need for Proof of legal access to the site via a 50-foot-wide right of way.

    Contact reporter Lolita Huckaby at 815-0800 or bftbay@charter.net and reporter Richard Brooks at 815-0818 or Richard.Brooks@blufftontoday.com

    To blog about this story, go to blufftontoday.com

  •  

    This editorial was published in Bluffton Today on Tuesday, October 25, 2005


     

    This editorial was published in Bluffton Today on Wednesday, September 28, 2005.  The Pinckney Colony Neighborhood Association feels that the development of Pinckney Point would threaten Pinckney Colony and Bluffton with the same problems that are addressed in this editorial regarding Port Royal's proposed annexation, and subsequent re-zoning for development, of the Mobley Tract.

     

    Opinion

    A plea to Pinckney Point developers

    Published 5/11/05 in Bluffton Today
     

    The author, Donna Pinckney Brado, lives in Hiawassee, Ga. She is upset about plans to develop 229 acres at the end of Pinckney Colony Road in Bluffton.

    I am one of the great number of Pinckney descendants who have become heartsick over the proposed sale and development of Pinckney Point.

    Please add my voice to the many you will hear from as this issue continues to build.

    While I am, indeed, a Pinckney by birth, my lifelong ties to the Pinckney ancestry are strong but are not necessary to show my unhappiness with the potential loss of one of our family treasures.

    My father and mother and brother and his family live along the dirt road part of Pinckney Colony Road. They have lived a long and quiet life among their friends and family. They have taken great pleasure in experiencing the joys of life through their children, grandchildren and great-grandchildren.

    The point’s development will end up costing them (and others) everything.  They will be forced to sacrifice their land and their lifestyles, all in the name of someone else’s greed.

    My dad is a native of Pinckney Colony – born and raised in the family home, working the family farm until he temporarily left for military service.  Finding a Pinckney Colony native now is as rare as finding a Hilton Head Island native. 

    My parents have been in the same location since 1975. My dad gave more than 20 years in service to our country. During our many years of traveling for the military, his one and only goal was to get his family back to Pinckney Colony so that we, his three children, could share in the unbelievable experience that comes with living in the colony. 

    During these traveling years, we spent every vacation of our lives returning to the colony to share great times (and sometimes sad times) with our huge family. We didn’t go to Disneyland. We didn’t take a beach vacation. We didn’t waste our free time on anything. We saved those precious days off so that we could return to the colony. 

    We planned our colony vacations around egg hunts, hay-hauling, crop harvests, weddings, funerals and family reunions. We planned our colony days around the milking schedule, afternoon breaks in the shade of the big oak tree, and high or low tides on the Okatie River.

    We fought over who got to ride on the tractor behind Uncle David or on the back of the horse when Granddaddy plowed the pecan orchard. We spent hours sweating as we sat in the open windows of the dairy barn. We chased chickens and ran from the bull. We measured to see who was finally big enough to see over the dashboard so that we could drive the hay truck.

    We spent our summers sharing these special moments. We spent our winters talking about what we would do on our next trip back to the colony.

    My dad is a “Pinckney Colony Pinckney” and so are my brothers and I. … Understand the difference between “The Pinckney Family” and being a “Pinckney Colony Pinckney.” We are the originals to the colony – we are from the heart and soul of the family.

    We learned our family’s history firsthand from our parents, grandparents, etc. We cried together when the family home was torn down.

    We all stopped by daily to watch the process as Julian and Kelley Pinckney Weston lovingly rebuilt it.

    We rejoiced when St. Andrews Church was saved from closing. We share moments of our history each time we visit the family cemetery where you can find our grandfather, great-grandfather and great-great-grandfather buried within a few feet of each other. We know where our father will lay when his time on God’s Earth is done. We understand the commitment to the land and to Family – with a capital “F.”

    We are not just a name in a history book or on a gravestone or a street sign or a recreation building.

    We have spent our lives working to keep the memories alive for generations to come. We are dedicated to yearly and semi-yearly gatherings by the hundreds to be sure that the children, grandchildren and great-grandchildren get the chance to see and experience Pinckney Colony.

    We show them “Papa’s Barn.” We take them to Buzzard Island on high tide. We walk through the fields. We pick daffodils in February. We wade out in the marsh. We show them which boards to avoid on the old dock. We chase and get chased by the waves of fiddler crabs.  We teach them how to make “Jelly Bellies” in the wet, smelly mud at low tide. We teach our youngest to swim.  We watch our oldest fall in love. We visit the graveyards and the graves of our forefathers. We share our love, our history, our stories, our pictures, our memories.

    Ask any Pinckney Colony Pinckney where they first brought their fiancé to meet the family. 

    When we find our special someone, the first stop for most is a visit to Pinckney Colony and the point. We want to share our history, our beautiful land, our love of family with this newest member of the family. We want to help these newest Pinckneys to understand our deep connection to and need for this land and all that comes with being part of the colony. 

    I understand Cousin John and Nancy’s desire to lessen their financial and tax burdens. I accept that they have come to a point where they are no longer willing or able to continue their stewardship of one of the family treasures – Pinckney Point. I accept that they and their children will be the only ones who will reap any benefit from the loss of this great land.  

    We have all – every Pinckney Colony Pinckney – taken for granted that this land – the point – is ours to share and enjoy. It is nearly impossible for me to accept that their decision will forever change the face of Pinckney Colony and cut us off from these family heirlooms. 

    Bulldozers, trenches, utilities, landscapers, builders, fences, houses, barriers, road pavers … none of this was ever in the foreseeable future for Pinckney Point. This ancient land is a place of peace and gentle beauty. It was meant to be enjoyed by everyone in its natural state. 

    Beautiful views, gentle river breezes, the chance to touch, smell, feel the earth between your toes … family walks among ancient oaks, photographs of children on the lower limbs reaching down to lift them off the ground … Spanish moss “hats,” palmetto tree “brooms,” even pulling sand-spurs from your socks; finding arrowheads and pipe stems, homemade bricks, broken pieces of pottery ... the chance to make these memories will be lost forever with the planned development. 

    It is my belief that the Beaufort County Land Trust is the only opportunity to keep all these nightmares away. 

    Try to understand what the loss of this land will mean to everyone who visits Pinckney Colony and Pinckney Point. Consider what is waiting to be experienced by other Beaufort County residents. Please help be a part of the solution. 

    Stop this development. Do whatever is necessary to keep this land in its natural state for everyone to enjoy – Pinckney and non-Pinckney alike. A land trust – just like others already in place in the colony – will keep this land safe from destruction and allow everyone to experience the peace, beauty and joy that come from a visit to the colony. 

     

     

    Developer details Pinckney Point

    Family, homeowners still oppose plans

    By Richard Brooks

    Published 05/11/05 in Bluffton Today
     

    E. Lee Barnes III smoothly presented his plans to develop Pinckney Point on Tuesday night.

    But many Pinckney Colony residents remained skeptical and said the proposed development will ruin their rural way of life.

    “When you say you want to be friendly, I think you want to be friendly to those people buying lots – not to us,” said Mary Pinckney Easterling Powell.

    Powell, at 95, is the elder stateswoman of the Pinckney family and has chronicled its geneology.

    She also said she worried about cousins John C. and Nancy Pinckney, who have signed an agreement to sell the 229 acres for development.

    “How much of that $15 million is the hands of John and Nancy?” Powell asked. “I think they’re being sold short. It’s an uneasy feeling I have about it.”

    Barnes is a partner in Stokes Bush & Barnes Land Co. LLC of Decatur, Ga.

    He declined to talk about specifics of the deal with John C. and Nancy Pinckney. But he spoke to many specific concerns raised by Pinckney family members and long-time residents of Pinckney Colony Road.

    He said the development, to be known as Pinckney Point, would be limited to 76 homes.

    The density of one dwelling per three acres is well within the Beaufort County rural zoning requirements.

    Other issues included:

    * Docks – “We would anticipate four or so community docks and possibly a boat landing. We expect residents will have boats and there will be facilities for them,” Barnes said. “We’re still evaluating private docks.

    * Sewer service - “We have spoken with the Water Authority and there will not be a requirement for existing residents to tie in,” he said.

    * Environmental impact – “I don’t anticipate any wetlands impact so I don’t think well have to get any Corps of Engineers Review,” Barnes said.

    “We want to build a low-density, high-quality, environmentally friendly development,” he said “The reason people want to live here is because of the environment. We don’t want to ruin it.”

     

     

      History includes black Pinckneys

      Author speaks of race relations in Bluffton community

      By Richard Brooks

      Published 5/02/05 in Bluffton Today
     

          A Pinckney Colony historian has reveled in the genealogy of her own white family and now turns her attention to the black Pinckneys.

          Mary Pinckney Easterling Powell is the author of the book “Back Over Home,” about the family that gave Pinckney Colony its name.

          She entertained members of the Historic Beaufort Foundation on Sunday with stories from her next book, “Back Home Roots,” about the black families of Pinckney Colony.

          It is “at the printer” and will be out in the next few months, Powell said.

    Powell’s talk was supplemented by an acapella quartet of her Pinckney Colony brethren.

          Eloise Pinckney Green, Loretta Pinckney, Idella Pinckney and Wesley Pinckney sang a selection of spirituals, including an uplifting version of “Amazing Grace” that had the usually staid HBF crowd clapping and tapping in time.

          Green said the Pinckneys have always been close, regardless of race. “We are close today,” she said.

          Powell delved into the history of the area adjacent to Rose Hill Plantation to explain the importance of blacks in the making of Pinckney Colony.

          The original settler, James William Porcher, wanted to start a plantation next to his childhood friend, James Kirk, who built Rose Hill.

          Porcher brought an educated slave, Nero Wright, from his father’s plantaton near Savannah to help establish his new farm, which thrived thanks to his expertise, Powell said.

          Wright “was smart and could read and write,” Powell said. While other antebellum plantations were obsessed with cotton, Porcher and Wright produced enough food to establish trade with other planters.

          Powell credits Wright with helping establish an agricultural base that would exist long after the cotton economy failed.

          Porcher’s plantation eventually would be farmed after the Civil War by Confederate veteran Eustace Bellinger Pinckney.

          Descendants of Porcher’s slaves remained at what became Pinckney Colony and worked for the four sons of Pinckney and his bride, Mary Martha “Daisy” Porcher.

          Powell recalled hog-killing time in the winter as a time when Pinckneys of all races worked for the common good.

          “We killed hogs twice in the winter, about five at a time,” she said. “Blacks and whites all came together and everybody knew what to do.”

          All who helped with the slaughter got their share of “side meat,” she said.

    Powell said she started researching “Back Home Roots” at the black cemetery on Pinckney Colony Road, visiting with descendants of those buried there and collecting their family histories.

          “Also, my brother, Paul, and I recorded stories,” she said.

          Jacob Martin of Bluffton listened to Powell’s talk and added some of his own Pinckney Colony history.

          Martin said his great-great-grandfather, Jacob Chisolm, born around 1800, was the Pinckney family’s coachman.

          Martin’s great-grandparents, Amos and Katie Johnson, also were slaves at Pinckney Colony, he said.

          “My grandmother, Mary Jane Johnson Martin, was born in 1865,” Martin said. “She lived downtown on Calhoun Street” until she died in 1974 at 109 years old, he said.

     

     

    County forced Pinckney deal

    Landowner’s agent says preservation was first priority

    By Richard Brooks

    Published 4/22/05 in Bluffton Today
     

    John C. and Nancy Pinckney wanted to sell their family farm to Beaufort County but turned to developers when their deal was frustrated, according to their son-in-law and agent.

    Larry McManus, who is married to the Pinckney’s daughter, said he negotiated on behalf of the family with the Trust for Public Land, the agent for the county’s Rural and Critical Lands Program.

    The county had the option to buy Pinckney Point for $8 million “and the family was going to give $400,000 back to initiate a park, so it was really $7.6 million,” McManus said.

    The option was extended three times but, “at the end of the day, the county didn’t have the money. And at that point, we didn’t have anywhere else to go,” he said.

    Julian Weston, who lives on Pinckney Colony Road and is married to Kelley Pinckney Weston, agreed with McManus’ assessment but still wants to subvert the proposed development.

    “The rest of the family has very strong feelings about that land,” Weston said. “When that piece of property is gone, Pinckney Colony as we know it won’t exist anymore.”

    Weston is acting president of the Pinckney Colony Homeowners Association and presided over a Wednesday meeting to consider ways of preserving Pinckney Point.

    The land, also known as Guerard’s Point, is 229 acres at the end of Pinckney Colony Road, connected to the mainland by a narrow neck.

    It is currently a sod farm and is owned by a South Carolina limited liability corporation with John C. and Nancy Pinckney and their heirs as shareholders, according to McManus.

    The landowners spent money on appraisals, surveys, environmental assessments and legal fees with the intention of conveying the land to Beaufort County, he said.

    “Our number one priority” was to preserve the land, he said.

    “They incurred a lot of expenses in preparation to sell it to the county,” Weston said. “They thought it was a done deal … and they felt slighted.”

    McManus confirmed that the family corporation has entered a contract that it can’t get out of to sell the land.

    Stokes Bush & Barnes Land Co. of Decatur, Ga., now has the contractual option to buy Pinckney Point for $15 million.

    Stokes & Co. will be better stewards of the land than most developers and that was an important consideration, McManus said.

    “They could have asked for three units per acre and built 700 homes. But that’s not what the family wanted,” he said.

    “We came up with a set of criteria for that land and we disqualified a lot of other developers,” McManus said. “There are things in the contract that I can’t reveal that are very conservation easement oriented.”

    E. Lee Barnes III, president of Stokes & Co., said Wednesday the developers plan to build 75 to 91 homes at Pinckney Point, a density well within the county guidelines for rural land.

    Weston said nearly 100 people signed a petition circulated Wednesday urging Beaufort County to preserve Pinckney Point.

    “We’re going to get as much public awareness and public sentiment as we can,” he said. “Maybe we can get the developer to work with us to give Beaufort County another shot at preserving it as a passive public park.”

    Weston cited the Thunderbird Boat factory proposed for nearby Victoria Bluff that was thwarted by public opinion.

    “A lot of organizations are interested in keeping that property in its natural state,” he said. “To get it back to Beaufort County as a passive park would be beneficial to everybody.” 

     

    Pinckney Development Plan aired

    Old Bluffton community debates selling farmland to developers

    By Richard Brooks

    Published 4/21/05 in Bluffton Today 

             An Atlanta developer outlined plans for developing 229 acres of land at Pinckney Colony and deflected questions from irate residents Wednesday night.

              Residents of the rural area also learned that the rumored land sale is not a done deal but will close in August.

    An anti-development petition circulated among the crowd of more than 100, many related by blood or marriage to Eustace Bellinger Pinckney, the Civil War veteran who farmed the land and spawned a colony on the Okatie River.

    The hostile but polite crowd asked about setbacks from the river, density, docks, equestrian facilities, if the development would be gated, if it would use septic tanks or sewer lines and the time frame for construction.

    The developers plan to build between 75 and 91 homes, according to E. Lee Barnes III of Stokes Bush & Barnes Land Company of Decatur, Ga.

    The company has talked to the Beaufort Jasper Water and Sewer Authority about running sewer lines to the property, but would not be required to under current Beaufort County regulations, Barnes said.

    Ed Pinckney, a Bluffton landscape architect who is working with the Stokes Bush & Barnes, said developing 91 lots would require sewer service but 76 lots would not. “This developer plans to use sewer lines either way,” he said.

    Barnes confirmed that the property is under contract with a targeted closing date of Aug. 5.

    Julian Weston, a Pinckney Colony resident who moderated the meeting, explained that the contract is in the “due diligence” stage whereby the buyer is studying the feasibility of development.

    “The developer can still walk away,” Weston said. “John and Nancy cannot.”

    John C. and Nancy Pinckney own the 229 acres at the end of Pinckney Colony Road.

    Residents refer to the land as Guerard’s Point. Barnes referred to the proposed development as “Pinckney Point.”

    Dorothy Pinckney “Dot” Gnann was a Beaufort County Council member for 12 years and was on the County Council when the Rural and Critical Lands ordinance was passed and said money from that program was offered for Guerard’s Point.

    The recent negotiations between John and Nancy Pinckney and the developer “has been one big phenomenal secret,” Gnann said Wednesday.

    “Since the contract is not finalized, is there any possibility that if another offer was made you would sell? Suppose Beaufort County wanted to renegotiate, would you be willing to talk?” she asked Barnes.

    “We really want to develop the property,” Barnes said. “But I’d be willing to talk,” he added.

    Gnann said the county has $4 million still available for the Pinckney land and could find another source for the $4 million balance.

    The county’s rural and critical lands program has less than $10 million left from the original $40 million bond referendum which was approved by voters in 2000.

    The county spent $850,000 last year to purchase development rights on 186 acres in Pinckney Colony from Mary Pinckney Merrick. The property’s development potential included as many as 80 acres with a value of more than $2.3 million.

    Earlier last year, the county program paid $3.15 million for 38 acres at the intersection of Pinckney Colony Road and U.S. 278. The property, which recently was cleared and marked by a decorative fence, includes two acres originally zoned for commercial development on U.S. 278. 

     

    Land preservation urged

    Pinckney family split on land sale to developers

    By Richard Brooks

    Published 4/20/05 in Bluffton Today

     

    Meeting tonight

    The Pinckney Colony Association meets at 7 p.m. tonight at Pinckney Hall, St. Andrew’s Chapel, Pinckney Colony Road. 

    Descendants of the Pinckney family are dismayed that part of Pinckney Colony, their ancestral home near Bluffton, may be sold to developers.

    “This crown jewel in southern Beaufort County, surrounded by the Okatie and Colleton rivers, will be gobbled up by yet another development,” wrote Dorothy Pinckney “Dot” Gnann in a letter to area newspapers.

    John C. and Nancy Pinckney, owners of Guerard’s Point at the end of Pinckney Colony Road, have agreed to sell the land for $15 million, according to Gnann.

    They did not return phone calls Tuesday.

    They turned down an offer from Beaufort County for a prorated total of $8 million that would have allowed them to keep the land in the family but not develop it, Gnann has said.

    Gnann said Guerard’s Point is shaped like a tennis racquet. John Pinckney owns 227 acres of the racquet’s head. “I own a tiny little part of the handle,” she said.

    J. Edward Pinckney, a Bluffton landscape architect, is the land planner for the would-be developers. He declined comment on the sale. His assistant said he would be at tonight’s meeting.

    Gnann was a Beaufort County School Board member for eight years and Beaufort County Council member for 12 years.

    She was on the County Council when the Rural and Critical Lands ordinance was passed and said money from that program was offered for Guerard’s Point.

    “The owners had other options, but chose to follow the money rather than to adhere to their moral obligation to preserve the land,” Gnann wrote in her letter.

    “In my opinion, it is despicable to force catastrophic consequences over the hard-earned assets of other colony landowners who will be left to grapple with taxes, traffic, noise, more people and an assault on the rivers,” she wrote.  

    The county’s rural and critical lands program has less than $10 million left from the original $40 million bond referendum which was approved by voters in 2000.

    The county spent $850,000 last year to purchase development rights on 186 acres in Pinckney Colony from Mary Pinckney Merrick. The property’s development potential included as many as 80 acres with a value of more than $2.3 million.

    Earlier last year, the county program paid $3.15 million for 38 acres at the intersection of Pinckney Colony Road and U.S. 278. The property, which recently was cleared and marked by a decorative fence, includes two acres originally zoned for commercial development on U.S. 278.

    Most recently, the critical lands program purchased 65 acres on northern Lady’s Island across the Beaufort River from the U.S. Marine Corps Air Station Beaufort. The Department of Defense is contributing to the purchase because it is intended to decrease development within the MCAS flight path.

    County Council members currently are discussing methods to continue funding the rural and critical lands program, which is expected to be depleted by the end of the year. Possible alternatives include another bond referendum or special tax referendum in 2006. 

     

    BLUFFTON TODAY

    Headline: ROAD OWNERSHIP QUESTION AGAIN DELAYS PINCKNEY POINT

    Date: Friday, April 27, 2007

    Section: BUSINESS

    Edition: BFT

    Page: 12

    The Beaufort County Zoning Board of Appeals agreed to delay a request Wednesday night for a river buffer variance to allow for the relocation of a road through the controversial Pinckney Point development.

    Representatives of the development actually asked for the delay after more than an hour of discussion, during which board members questioned why the variance was even being requested.

    Attorney Walter Nester said the developers want to move a section of the road from within the 50-foot river buffer to allow construction of a replacement which would meet the county's required 50-foot right-of-way requirement for new roads.

    The ownership of the road, which has been maintained by the county for years, is still in question.

    The county filed a lawsuit over the matter in November 2005. No hearing date has been set for the suit.

    In the meantime, the developers - Stokes, Bush and Barnes Land Co. of Atlanta - have not received conceptual approval for their plans to build 76 lots on the 229-acre tract at the end of Pinckney Colony Road.

    Members of the board of appeals Wednesday night said they felt uncomfortable agreeing, in essence, to a relocation of the road without knowing who owns it.

    The plans are opposed by members of the Pinckney Colony Property Owners Association, some of whom have owned the land between the Colleton and Okatie rivers for several generations.

    The developers have had initial discussions with the S.C. Office of Ocean and Coastal Resource Management about the construction of seven community docks, a pedestrian bridge and a boat ramp.

    But no formal applications have been filed and no further details were available Thursday, according to an OCRM spokesman.

    **********************************************

    BLUFFTON TODAY

    Headline: HONOR THY MOTHER

    WES COOLER HOLDS ON TO LAND THAT HIS FAMILY HAS FARMED FOR FIVE GENERATIONS. BUT IT'S NOT EASY TO IGNORE DEVELOPERS' CASH.

    Date: Sunday, March 18, 2007

    Section: COVER STORY

    Edition: BFT

    Page: 17

    Caption: ON THE COVER: Bluffton Today photo illustration

    OKATIE CHRISTMAS-TREE FARMER WES COOLER IS RESISTING THE URGE TO SELL OUT TO DEVELOPERS.

    Wes Cooler knew things had changed when the Okatie River's oysters were no longer safe to eat.

    For years Cooler walked down to his dock, stuck his arm into the water and fished out that night's supper.

    That was, until the S.C. Department of Health and Environmental Control deemed portions of Area 18 - mainly the Okatie River - off limits to oyster harvesting last year.

    Runoff from the area's burgeoning developments dumped too much fecal coliform bacteria in the water, which compromised the river's shellfish.

    Like the oysters, Cooler has felt the squeeze of neighbors along the Okatie River. Oldfield plantation butts up to one side of his 13 acres.

    "There hasn't been a day in the past five years that I haven't heard hammers going," he said.

    He knows that sound will continue. He cites Pinckney Colony, once a sprawling plantation, as an example. Some of the land has been sold and will be developed.

    Cooler, who commutes to the Lowcountry every few weeks from the Upstate and lives here during the Christmas season, knows his Christmas tree farm off S.C. 170 could easily be sold off too.

    He co-owns the land with his brother, Thomas Cooler, to put a stop to further fragmentation of the land, Wes Cooler said.

    "Neither of us can sell it without the other one's consent," he said.

    The Cooler brothers' land is a small slice of about 100 acres once owned by their grandfather, Ernest Wesley Cooler. Two uncles own another 25 acres each. Other relatives have sold off their property.

    "That's the story up and down the river," he said.

    Five generations of Coolers have farmed the same land, earth that's been tilled and harvested since before the Civil War. Cooler doesn't want to part with this little slice of heaven, land that strangers have offered millions for, no questions asked, he said.

    To those requests, he's simply said, "No, thanks."

    It's not just about pride.

    In 1936, Cooler's 80-year-old grandmother, Sarah Ann Cooler, scrawled in pencil across a lined sheet of now-yellowed paper. She begged her sons not to sell the land.

    But it keeps getting tougher each year for Wes Cooler to keep old family promises. As more and more residential neighborhoods pop up, property values have skyrocketed.

    "For the average homeowner, they like rapid appreciation," Cooler said. "I'm in a different boat. As the land develops, it makes it harder for me to hang on to my property. The Christmas tree farm gives me a legitimate agricultural (tax) exemption."

    What worries Cooler is the future - what might come of the land after he and his brother retire and can no longer keep up with the demands of farming.

    Cooler worries his daughter and son - ages 23 and 19 - or his brother's children might not want to farm the land and perhaps be tempted to sell it off.

    "If we dumped it on them, they wouldn't have the money to pay the taxes if they didn't farm it," he said.

    In an effort to prevent further fragmentation of the land and ensure that it's protected, Cooler has begun to investigate putting the land under a conservation easement, which has tax and environmental benefits.

    In October 2006, the Ulmer family agreed to put 110 acres of uplands, 30 acres of marshlands and nine islands under conservative easements.

    In South Carolina, it's estimated that more than 200 acres of land is lost to development every day, according to a letter Gov. Mark Sanford wrote in 2005 to Senate finance committee chair Chuck Grassley, R-Iowa, expressing concern about a proposal to reduce or eliminate the federal income tax deduction for conservation easements.

    "(Development has) slowly chipped away all the traditions that our family has enjoyed," Cooler said "The good things are being diminished. That's the push. That guy with the check book, that's the pull."

     

     

    BRAKING DEVELOPMENT: A conservation easement is an agreement between two parties who want to preserve a natural area. Typically, the land owner agrees to limit or prevent certain types of uses on the property, such as the right to subdivide. Such stipulations must be followed by present and future owners of the property. The easement details ecologically compatible future use, while ensuring the owner's right to benefits such as hunting, timbering and farming.

    Source: The Nature Conservancy

    STOPPING TRAFFIC: Beaufort County and the town of Hilton Head Island have bought a conservation easement on land along the May River and Calibogue Sound, part of the Alan Ulmer property.

    Each house that isn't built means about 10 fewer car trips on Lowcountry roads each day, planners say. Read our Nov. 30 story about county land buys at blufftontoday.com/growth

    SARAH ANN COOLER'S 1936 LETTER TO HER SONS: Dear boys I am going to die soon let me tell you boys what I want you to do for me I will be dead and gone but let me beg you all dont sell your land unless you sell to your brother, and you no if you did it would give them trouble give them a chance to pay you do do like I beg you this is from mother

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    BLUFFTON TODAY

    Headline: ROAD GIVES NEW MEANING TO 'DRIVING RANGE'

    Date: Thursday, February 8, 2007

    Section: NEWS

    Edition: BFT

    Page: 4

    Caption: Scott Salisbury/Bluffton Today

    Harrison Island Road residente started finding golf balls in their dirt road after last week's rain.

     

    It's not something you'd expect to find on a dirt road in the Pinckney Colony community, but golf balls galore have been turning up after a recent county road-grading project.

    Residents of Harrison Island Road, off Pinckney Colony Road, started finding golf balls in their new road bed and ditches this week, following last week's heavy rainfall.

    A check with Beaufort County Public Works Director Eddie Bellamy confirmed that the dirt used to smooth the "washboard" road had probably come from a nearby golf-course lagoon or pond.

    Golf-course ponds are one of the places county crews get dirt to do requested road repairs. The crews can also negotiate with landowners to dig ponds no larger than one acre.

    And they get dirt from ditch-dredging under the county storm-water drainage program.

    The dredge material is stockpiled at the county's public works sites north and south of the Broad River and then deposited on road beds after drying out, Bellamy said.

    As to the multitude of golf balls that showed up on Harrison Island Road, Bellamy said "this is a new one."

    As of Wednesday morning, he'd instructed his crews to go out and collect the balls.

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    BLUFFTON TODAY

    Headline: A BRIGHT PAST, A HAZY FUTURE

    AFTER GENERATIONS OF PINCKNEY OWNERSHIP, THE OLD FARM HAS BEEN SOLD TO A DEVELOPER.

    Date: Saturday, July 15, 2006

    Section: COVER STORY

    Edition: BFT

    Page: 16

    Caption: Photos by Joanie Tobin/Bluffton Today

    (1) ON THE COVER

    Victoria Strait plays on a rope swing at her family's farmhouse on Pinckney Point Wednesday.

    (2) The tabby smokehouse was built around the turn of the century by William Eustice Pinckney using bricks in addition to the traditional oyster shell aggregate.

    (3) The back of a tabby house on Pinckney Point. The bricks in the wall once formed a fireplace.

    (4) Victoria Strait rests in one of the giant live oak trees on Pinckney Point.

    When you're feeding cows, it's best not to stand right beside the trough when the herd gallops up.

    Julie Strait's best friend from high school learned that the hard way in 1980, when she spent the night on the famous Pinckney Point farm.

    Strait, having fed the cows countless times before, told her friend to dump the food in the trough and run.

    "She didn't. The next thing you know, she's on top of the trough, surrounded by cows. She couldn't get down."

    And cows aren't fast eaters. Lesson learned, the Pinckney Colony way.

    Strait grew up in what can literally be called the land of her fathers - Pinckney Colony. The sixth of eight children born to John C. and Nancy Pinckney, whose great-grandparents lived on the farm, Julie now lives in Pritchardville.

    But her heart's in Pinckney Colony.

    "We had hard times. Tough. Eight kids. A farm to run. What didn't we grow is a better question than what we did. Soybeans, corn, tomatoes, watermelons, more soybeans. Mostly soybeans. We had chickens, cows, horses, ducks, geese, pigs - lots of pigs," she said.

    The 229-acre Pinckney family farm site is on the very end of Pinckney Colony Road, past where the pavement ends, on the lightbulb-shaped spit of land called Pinckney Point and also known as Guerard's Point.

    The farm's remarkably intact, for now. Barns, the old house, an old-style tabby smokehouse, trees to rival redwoods - it's all there.

    But it's no longer the Pinckneys'. The farm was sold by John C. and Nancy Pinckney to an Atlanta developer who plans to build slightly more than 70 upscale homes on the property, mostly on the old sod farm nearby, at least some near the old farmhouse.

    Strait wouldn't talk about that last week. She made one of those zipping motions across her mouth when asked about it. The farm's future was clearly out of bounds.

    It's past, though, that was a completely different story.

    "It was a whole different world when you get off that paved road back there," she said, standing with her daughter, Victoria, beneath one of many towering live oaks on the old farm. "It's like a trip back in time."

    Indeed. The smokehouse is the best single example. With its 5-foot tabby walls made in the old style - lime, charcoal and oyster shells rather than concrete and shells - the building is a pristine example of early Lowcountry architecture.

    Strait's great-grandfather, William Eustice Pinckney, built it in 1910 or 1912, incorporating a smattering of brick into the structure at about the 3-foot level, presumably for added strength. The building was originally two stories - the meat hung upstairs, a low fire smoked downstairs. A fire, not surprisingly, destroyed the upper story some time ago, but Strait didn't know when.

    The Pinckneys used it for storage when Strait was young, and her brother still uses it that way. He's staying in the house for now, under an agreement reached with the developers.

    Developer E. Lee Barnes III, the president of Stokes & Co., said the tabby ruins will stay.

    "It's our plan to keep the tabby structure because there are few examples of that around. We would like to preserve that for folks to enjoy," Barnes said.

    Nearby stands William Pinckney's original work barn. Beautifully intact and smelling of old leather, the barn, too, is used for storage.

    Behind it, invisible behind the weeds, stands the farm's second barn, the dairy barn, with its tall, steep roof. That roof is particularly relevant to Strait's story.

    "Of course we'd get into trouble out here. We'd make our way to the top (of the barn) and we'd slide down," she said.

    Folks, this is a tall barn. But Strait says the only injury she suffered was badly torn pants, and she suffered that a lot, much to her mother's chagrin.

    "We used to play rodeo with the cows, with the baby cows (inside the barn)," she said. "That was a lot of fun."

    No real injuries there, either.

    The barn also housed the farm's horse Clancy and its Shetland pony, Raisin. And some chickens. And pigs.

    Everywhere there isn't a barn or a house, there are trees. Huge trees.

    Pecans tower overhead, incredible examples of what the species when they have everything they need. A knotted, gnarled, ancient cedar overlooks the nearby Okatie River.

    Magnolias that Victoria calls just perfect for climbing sit on either side of the work barn.

    Words can't do the live oaks justice. Think short sequoias.

    An ancient, still-usable rope swing hangs from one. Victoria was happy to demonstrate that it still works. "It's a lot of fun out here," said Victoria, 12, an eighth grader at H.E. McCracken Middle School. "We loved playing in the woods and making tree houses and finding places to play."

    Don't romanticize the farm too much, though, Strait cautions. While it had its fun times, it was hard living, comparatively speaking.

    "It is very hard to get people, the 'comeyas,' to understand what it was really like to live back here in the late '60s, early '70s," Strait said.

    The kids went to school in Savannah, riding with their father early each morning. She learned to drive when she was 11, often driving to a dairy up the road when their own cow wasn't producing.

    They just sat through hurricanes, including 1972's David, which Strait remembers as a wonderful time to play in the rain.

    Kids, they didn't even have cable. This was true country living.

    Things started changing in the late 1980s, when the Pinckneys got rid of their cattle and most of the children moved away.

    The fields became a Nimmer sod field, then, last year, were sold to the Atlanta developer. The old farm's future will certainly be different, to say the least, although few details are worked out for the private property with a private entrance road.

    "This is the real deal out here," Strait said. For now.

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    BLUFFTON TODAY

    Headline: 'SHE WAS A PINCKNEY FROM HER FEET TO HER HEAD'

    Date: Friday, June 23, 2006

    Section: IN REMEMBRANCE

    Edition: BFT

    Page: 3

    Caption: Special to Bluffton Today

    Rose Pinckney Carn is pictured with her daughter Rosie and son Bubber.

    When Rose Pinckney Carn died Monday, a piece of Bluffton's Pinckney Colony died with her.

    Born in the old Bluffton neighborhood on Aug. 24, 1918, Carn moved to Savannah when she married her husband Rudy in 1938. But inside, where it counts, she never left Pinckney Colony.

    "You can take a Pinckney out of the colony, but you can't take the colony out of the Pinckney," said her daughter, Rika Carn Blasko, of Brunswick, Ga.

    "She was a Pinckney from her feet to her head. She had the best childhood memories of anyone I've ever met."

    Blasko said her mother often talked about life in the colony, of her beloved aunts, uncles and cousins, of swimming in the nearby rivers, of the horses she had to ride seven miles to the post office.

    "Even in her dreams, at the end, she talked of riding horses," Blasko said. "She loved it. She loved being a Pinckney.

    "Her memories were great. They were important to her. ... You have no idea how they love being Pinckneys. It's like a lost thing from their generation."

    Mary O. Pinckney Merrick Keister grew up with Carn, whom she calls a "very dear friend."

    "We didn't have any paved roads" in Pinckney Colony, Keister recalled. "When I was a teen, we would go on our horses and ride all the way to Bluffton, take peanut butter and jelly sandwiches and swim in the river, then ride back and if we passed one car we were lucky," she said.

    When Keister was a junior at Bluffton High School, her friend Rose Pinckney volunteered to make her dress for the school's first junior-senior prom. She bought five yards of cloth for Keister's dress. The entire thing cost $1.

    "That's how things have changed," Keister said.


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