Holly Ridge Wetland Drainage
Settlement secures wetland restoration and water quality benefits
Over 200 acres of wetlands in Eastern North Carolina will be restored from unpermitted ditching and draining activities by Holly Ridge Associates thanks to an innovative and environmentally beneficial legal settlement between the landowner, Holly Ridge Associates, and the Southern Environmental Law Center, representing the NC Coastal Federation and the NC Shellfish Growers Association.
©NC Division of Water Quality
Holly Ridge Associates will refill ditches and restore the wetlands after SELC obtained favorable court rulings and an innovative settlement.
The settlement will help preserve the water quality of some of North Carolina's most pristine and protected coastal waters, where oysters and clams are regularly harvested. More broadly, the ruling provides a tremendous environmental safeguard for all inter-connected water resources of the US while reaffirming citizens' right to protect the areas where they work and play.
The settlement resulted after US District Court Judge Terrance Boyle ruled in 2003 both that the NC Coastal Federation and the NC Shellfish Growers Association have the right to bring suit, and that the wetlands and other waters hydrologically connected to navigable waters of the US- even if miles away - remain protected under the Clean Water Act. Holly Ridge Associates argued that that the 9-mile of ditches, excavated without permits, were allowed because the wetlands were not protected by federal law and because they were "forestry activities." Judge Boyle rejected both arguments.
As part of the agreement, Holly Ridge Associates will:
- Fill in the ditches that were newly excavated or otherwise return ditches to their prior condition, restoring the site.
- Restore an additional 15 acres of wetlands and grant a conservation easement on about 140 acres of coastal marsh and freshwater wetlands to protect Stump Sound from potential water quality impacts from future activities on the site.
- Partner with NCCF on a project to remove 300 feet of a causeway extending from Topsail Island toward Permuda Island in Stump Sound. The causeway impairs tidal flushing of important shellfish waters. The landowners will pay to remove the causeway, which will significantly improve shellfish habitat and productivity in Stump Sound.
- Apply for and obtain all necessary environmental permits for the restoration and for any future activities on the site.
