Water Dependent Condos Get Wet Feet

(ARK Newsletter Summer 2005)

The once magnificent view of the Darien River is being replaced with a view of the Settlers Bluff Condos as the structures continue to rise from the pool of rainwater and stormwater runoff. The last two buildings are being constructed on the wetland fill site that was originally filled under a permit for a public marina, boat storage facility, and parking. Before construction began, truckloads of fill dirt were spread on the site but they were not enough to elevate the site from wetland to dry land.

By definition, wetlands are in low places and perform the valuable ecological function of holding and filtering water. The water retaining properties of this filled wetland site are increased due to its location downhill from the City of Darien. Before the project began, some local people warned city officials that heavy rains and resulting run off would settle on the site before entering the river. ARK also made an effort to point out the flooding and run-off problems associated with locating a high-density development on the site. Problems with the construction project are now resulting in degradation of water quality from silt laden storm water run off washing into the Darien River and a loss of scenic values for the community and its visitors.

Background: The US Army Corps of Engineers (Corps) granted a permit modification to Settlers Bluff on March 3, 2003 to allow for the construction of two condominium units within .15 acres of previously authorized fill.

Settlers Bluff is having trouble staying out of water. Thisphoto was taken in April 2005 as the workers attempt to construct the foundations for two building.

Settlers Bluff requested this modification in October 2002 stating in their project justification: "While the location of the site is good, having adjacent marshes, the City of Darien and the Darien River within walking distance, the site is extremely tight in terms having enough land to develop enough units to sell plus required parking to justify the economics of the project. In addition, not having the ability to utilize the .4 acre permitted fill area would mean the loss of 2 condominium buildings and the 24 units which would stop the project from being developed and decrease the proposed tourism revenue that the City of Darien is expecting from the proposed joint venture project. Marketing results indicate that the access to the adjacent Darien River clearly is the amenity that makes the economics of the proposed project justified for the developers. In addition, not having access to the adjacent Darien River for the condominium owners/guests, the developers would not be able to sell the units at the price necessary to cover their cost plus a reasonable profit which clearly makes this project a water dependent activity."

In a November 2002 letter, at the request of ARK and others, the S o u t h e r n Environmental Law Center (SELC) presented extensive comments urging the Corps to deny the modification request. We argued that the use of the marsh fill site for residential condominiums could not be justified since the project was not water dependent and that alternatives existed for residential development that avoided the use of filled wetlands for nonwater dependent uses.

The SELC letter stated: In evaluating the modification request, the Corps must weigh the benefits of the project in addressing the needs and welfare of the people against reasonably foreseeable detriments. In this case, the proposed modification would change the project from a public, full-service marina to a private condominium complex. This change removes the public need found for the original project. The specific findings of public interest by the Corps in evaluating the original permit application for the project stated that "the marina will serve the fishing and boating needs of the public; including marine repair and maintenance." In the current proposal, none of these public benefits exist.

A marina was permitted for the site in l990 but the Corps even denied a request from the City of Darien to put a picnic shelter on the site. The Corps said the picnic shelter did not meet the standards for a "water dependent use" which is required by the Clean Water Act for building on a filled wetland site. The former wetland area was filled under the permit for marina parking, which did meet the water dependent use clause.

A dozen years later, the lure of economic development created a questionable project built on soggy ground. Perhaps the project will serve as a reminder that wetlands hold water even when they are filled with dirt and should be avoided for construction projects.

Other information on this project is available in past ARK newsletters and on the ARK website at www.altamahariverkeeper.org.