Natural Resources director: International Drive fences could kill bears

The director of South Carolina’s Department of Natural Resources testified Wednesday that if fencing was built alongside International Drive, it would inadvertently trap the animals on the highway and kill them.

“Staff made the observation that fences have been known to trap animals between them on highways causing more mortality,” Director Alvin Taylor said.

“Therefore, staff recommended that the speed limit be reduced on International Drive,” Taylor said.

The second day of hearings in the State Administrative Law Court focused on the approval process for permits to build the 5-mile road linking Carolina Forest with S.C. 90. Environmental groups are contesting the permits issued by the state Department of Health and Environmental Control (DHEC), which were issued after consultation with the Natural Resources Department.

However, very little of Taylor’s testimony was welcomed by lawyers representing environmental groups who are contesting the permits and don’t want the road built, unless it’s restricted to two lanes with bear tunnels and fencing.

The proposed four-lane highway plus passing lane is expected to cost $16.5 million. Bear tunnels and fencing are estimated to cost $3 million, which the county maintains is not needed after a 2009 wildfire reduced the bear population.

Attorney Amy Armstrong of the S.C. Environmental Law Project objected numerous times to Taylor’s testimony, stating he was not qualified by the court as a bear expert. Taylor’s background is as a wildlife officer.

However, the judge did allow some of Taylor’s testimony as it pertained to agency policy and their role in the permitting process.

Michael Traynham, assistant general counsel for DHEC, posed the question of: If bears were trained to use tunnels by using bait — as one witness for the environmental groups suggested during Tuesday’s hearing — would hunters stake out those locations to bag a bear?

“Baiting is illegal,” said Taylor, who later conceded under questioning that hunters might take advantage of baited tunnels.

Paul League, a retired lawyer for the Natural Resources Department who participated in the initial planning discussions with Horry County officials about right-of-way issues and the need for bear protections, also testified.

However, League’s testimony was peppered with numerous objections from Horry County and DHEC lawyers citing attorney/client privilege.

“You’re skating as close to thin ice as you can,” Judge Ralph Anderson cautioned Armstrong in her questioning of League. “This may be the only witness you can find, but this witness is an attorney.”

In between objections, League did reveal to Armstrong that he communicated his concerns to Horry County officials that the bears needed special protections if the road is constructed.

He also testified that studies were conducted in 2010 to determine where bear tunnels should be built after the forest fire of 2009 had already swept thought the area, conflicting with the county’s stance that the bear tunnel issue was dismissed by state DNR officials after the fire.

League suggested the structures were needed, but not wanted by Horry County officials.

“Those were two issues that caused them the most heartburn,” League said.

Stan Barnett, the lawyer for Horry County Public Works, conceded that his clients “do not like bear passages,” but maintained the reasoning is that the bears moved out of the area after the fire.

Blair Williams, manager of the wetlands permitting section of DHEC, testified that if the road were built, it “potentially” could lead to more development on private property across from the Lewis Ocean Bay Heritage Preserve. However, he said the permitting process to fill wetlands in that area would have to meet rigorous tests.

Williams also said that building a four-lane highway was in keeping with the general character of the area and would not cause significant impact.

“We considered all relevant information,” Williams said.

The hearings will continue Thursday, however a ruling by the judge is not expected for at least a month.

This story was originally published February 17, 2016 at 7:50 PM with the headline "Natural Resources director: International Drive fences could kill bears."