Soundside Drive housing development cited after citizens find dirt spilling into wetlands

A large housing development on Soundside Drive in unincorporated Gulf Breeze has been cited by Santa Rosa County code enforcement after concerned citizens discovered huge amounts of dirt washing into the nearby protected wetlands after a recent rainfall.

Dara Hartigan, a Soundside Drive resident and president of the Save Our Soundside grassroots citizens' group, said group member Liz Pavelick was walking around The Waters subdivision on Saturday and discovered mounds of dirt overtaking a plastic fencing structure behind houses under construction. 

The dirt was spilling over directly into wetlands, which are protected lands that are critical to maintaining the community's water supply and controlling stormwater runoff. Pavelick shot photos and sent them to Hartigan, who passed them along to County Commissioners demanding action be taken. 

The developer, DSLD Homes, told the News Journal they are taking "every action" to remedy the situation. Hartigan said she's not satisfied.

"This is an example of too much fill in and near the wetlands and a structure that should not have been permitted for construction nor should it be certified for occupancy. I will ask you again to void, pull or revoke the permits to DSLD that have allowed the construction of these homes along the east side of The Waters," Hartigan wrote in her email to the county on Monday. "I request that the builder be made to deconstruct this row of homes and restore the land as much as possible to its original state."

Haritgan also requested the wetlands be cleaned of any damage or red clay. 

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Santa Rosa County Administrative Coordinator Sabrina White responded in an email to Hartigan on Monday afternoon and said a code enforcement officer had visited the site and issued a violation for illicit discharge and foundation washouts. 

"The builder intends to install a retaining wall along the back of these lots as soon as possible to help stabilize the area. The builder was also instructed to install additional erosion/sediment control measures immediately. The builder will have an engineer evaluate the foundation washouts and provide plans on how they plan to repair," White wrote in the email. "Our Environmental Department will also be investigating this incident and will take appropriate actions."

Developer responds, says it's remedying the situation

The Waters is a 110-lot project on Soundside Drive that markets itself as having "Louisiana French-Acadian style homes" in a subdivision "skirting the Intercoastal Waterway with large oak trees and hanging Spanish moss." 

Danny Pierce, the regional manager for DSLD Homes, told the News Journal on Tuesday that the company was taking every step to remedy the situation. 

"There were some washouts around some slabs, and the county notified us and gave us a call, and we're working with the county and have an engineer that gave us a fix that they recommended and we've already had that done," Pierce said. "There was also a little washover into an easement, and I just got off the phone with our guy, and he's working to correct that today." 

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Pierce said the company is also putting up more silt fencing and is in the process of building a retaining wall to go along the back of the lots "that will give the homeowners a nice yard and also let that be the barrier between the yards and the easements." 

Is a $303 fine adequate?

Hartigan said she was disappointed in the county's response, which she said took two days after she sent her initial email Saturday. She said she and other neighbors are constantly monitoring The Waters and two other major subdivisions that are currently under construction on Soundside Drive and said the county's code enforcement doesn't do enough to police the construction themselves. 

"Their policing is nonexistent. It's only when we bring something to their attention will something get done," Hartigan said. "They got a violation because of the silt fencing. I mean, seriously, they pay a fine, and that's it? There's no deterrent there. That's why these developers do not care." 

The developer was fined $303 for the violation, which is the maximum amount that could be fined under the county ordinance, according to Santa Rosa County Environmental Director Michael Schmidt. 

"I agree that $303 is not a deterrent," Schmidt said in an email to the News Journal. "Code enforcement is reviewing these fees to better reflect damages and impacts. However, these fines are per adopted ordinance and need to be vetted by the Board of County Commissioners for review and approval."

Schmidt also said the wetlands were minimally impacted by the silt spillover. 

"The amount of material beyond the silt fence varied from 1 to 4 feet. These areas will be raked to remove any fill material," he said in the email. "Although unfortunate, the material beyond the silt fence was minimal and can be easily removed. I do not expect drinking water and wildlife impacts related to the fill material beyond the silt fence."

Schmidt encouraged citizens to report "any suspicious activity." 

"Code Enforcement, Building Inspections, and the Environmental Department are working to better educate builders with the installation and maintenance of erosion control methods," he said. "Additional staff training is being planned."    

Annie Blanks can be reached at ablanks@pnj.com or 850-435-8632.