State required fencing at Horry Co. sand mine, then burned it down, lawsuit says
One state agency required an Horry County sand mine to put up special fencing to protect the environment, but environmental efforts by another agency burned it down, according to a new lawsuit.
The suit was filed Friday in Horry County by Soiluitons LLC, a sand mine that covers acreage in the Conway area and near the Lewis Ocean Bay Heritage Preserve. As a condition of the mine’s permitting within the South Carolina Department of Health and Environmental Control, the business had to erect silt fencing around the property to keep endangered species away, the suit says. In February 2025, the South Carolina Department of Natural Resources and South Carolina Forestry Commission initiated a controlled burn near the preserve that allegedly destroyed the fencing.
The mine is claiming that the burn was carried out “negligently” and “recklessly,” allowing their nearby property to be damaged. The fire allegedly became an “uncontrolled wildfire,” exceeding its set boundaries.
The Forestry Commission declined to comment on the litigation. SCDNR did not immediately respond to requests for comment.
Burn takes place weeks before a burn ban
The burn took place just weeks before a burn ban was issued for the area at the beginning of March, citing nearly 200 ongoing wildfires in the state, the suit says.
During that time, the mine claims they allowed the Forestry Commission “unfettered access” through their property to the preserve and the fire, allowing emergency vehicles through. Over the course of a few days, the fire and the vehicles “burned, destroyed, and/or rendered unusable approximately 5,230 feet of wire-reinforced silt fence,” according to the suit.
The mine soon replaced the destroyed fencing, the suit claims, which required labor and material costs. They issued a letter to the agencies requesting reimbursement for the costs of the fire, including labor, materials and attorney fees for the investigation and correspondence about the fire.
Nearly two months later, in May, the mine received a response from Carolina Beach Claims, Inc. on behalf of the State Insurance Reserve Fund, declining reimbursement from both agencies, the suit says. The response, which is included in court documents, claims there was no liability on the part of the agencies.
Carolina Beach Claims wrote in an email to The Sun News that there are “numerous inaccurate allegations in the lawsuit,” particularly regarding the level of authority that Carolina Beach Claims has in such decisions as an independent adjuster. According to Carolina Beach Claims, the independent adjuster does not make decisions, but rather reports and then proceeds under the instructions of the insurance carrier.
The Soilutions mine is suing SCDNR, the Forestry Commission and Carolina Beach Claims for insurance coverage for the fire’s damages.
This story was originally published February 4, 2026 at 12:40 PM.
