I-73 work illegal, group says

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(article originally appeared in the State)

Environmentalists fighting a $2.4 billion freeway to Myrtle Beach are asking the state to stop construction of a small road project that would eventually tie into the proposed interstate.

The Southern Environmental Law Center says state and federal highway agencies are trying to jumpstart construction of Interstate 73 by moving forward illegally with upgrades along U.S. 501 and U.S. 301 near Latta.

Under state and federal law, the S.C. Department of Transportation shouldn’t proceed with the U.S. 501 work until the agency receives a federal wetlands permit for Interstate 73 and has developed a financial plan for the entire project, the law center said in a recent letter to DOT and the Federal Highway Administration.

David Farren, an attorney for the law center, said the group is concerned about “moving forward with this project in a piecemeal way.’’

“We respectfully request that SCDOT and the (highway administration) . . . suspend any plans’’ to build the interchange improvements, Farren’s letter said.

The Federal Highway Administration says the law is being followed. As a result, S.C. Transportation Secretary Robert St. Onge declined to meet with Farren to discuss the environmental group’s concerns. Officials say they are moving ahead with the U.S. 501 work.

At issue is the DOT’s plan to use $10 million in federal money to relocate a rural bridge and improve the intersection at U.S. 501 and U.S. 301. The agency received the $10 million grant to help with the Interstate 73 project, but DOT officials have also said the U.S. 501-301 work is needed — even if the freeway is never built. That justifies moving ahead with this segment of the work, they say.

Farren says the agency can’t have it both ways. And he said federal law requires a funding plan for the entire freeway, as well as a wetlands permit that would cover all I-73 construction.

“It is something to be concerned about,’’ Farren said. “It makes no sense to waste this money, even if it is money from the feds, when it is very unclear whether this interstate project is going to go forward.’’

Interstate 73 would extend from the North Carolina line near McColl to just west of Myrtle Beach. The main section of the freeway would run from Interstate 95 near Latta to S.C. 22. That stretch would cost about $1 billion.

Long envisioned by tourism boosters as a way to ferry vacationers to the beach, I-73 is a topic of intense dispute these days because of its expense and environmental impacts. Farren’s organization says existing roads from I-95 could get people to the beach just as easily for a fraction of the cost. The S.C. 38-U.S. 501 corridor to the beach could be upgraded for about $150 million, according to consultants hired by the law center.

The U.S. Environmental Protection Agency has recommended denying wetlands permits for the I-73 project because it crosses nationally significant rivers and swamps. That includes the Little Pee Dee Heritage Preserve and the Lake Swamp area of western Horry County. The 272 acres of wetlands to be filled would constitute what Farren said is the largest for a road project in modern state history.

St. Onge was not made available for comment, but the DOT referred to a letter written by the Federal Highway Administration to Farren earlier this month.

The Dec. 6 letter from Division Administrator Robert Lee said federal law does not require a financial plan in this instance. Lee’s letter also said that since the $10 million road improvement project does not impact wetlands, highway officials can proceed with construction. Site work began Oct. 31, the letter said.

“Let me assure you that all applicable federal requirements for this . . . project have been satisfied, and the FHWA has authorized construction,’’ Lee wrote.