finally, some action:

http://www.islandpacket.com/news/local/story/528670.html

Troubled waters: Are Sun City's lagoons polluted?
By MICHAEL WELLES SHAPIRO
mshapiro@islandpacket.com
843-706-8142
Published Thursday, June 19, 2008


The S.C. Department of Health and Environmental Control alleges that Pulte Homes, the developer of Sun City Hilton Head, is in violation of state pollution laws because of the condition of several lagoons in the community.

A Pulte official said Wednesday the company does not agree with the findings, but says it wants to cooperate with the state agency. Jon Cherry, a Pulte Homes spokesman, did not provide details of how that would work.

DHEC sent a letter to Pulte stating lagoons in the Aster Fields, Murray Hill and Basket Walk neighborhoods were built or maintained in ways that don't comply with state environmental laws. Pulte received the letter Wednesday.

According to the letter, DHEC staffers examined complaints from Sun City residents on four separate occasions between September 2007 and April 2008.

In the letter, DHEC says it found that:

• Eight lagoons were not built according to plans approved by the agency.

• Drains in two lagoons were not being properly maintained.

• Water from a wetland was flowing into two lagoons.

• Sediment was building up in two lagoons.

The letter also calls for a June 26 "enforcement conference" in Columbia between DHEC and Pulte.

Cherry said the company has been working with DHEC, and although it disagrees with the allegations, the company will attend the conference and continue to work toward a solution.

"We're going to do the right thing," he said. "There's some kind of conference they want us to go to, and we'll go there and work through it."

A DHEC spokeswoman said the agency doesn't comment on ongoing enforcement proceedings or possible penalties, but she did describe the enforcement process.

"Our goal is for the regulations and statutes of the state to be enforced in a way that protects the environment and the health of the public. So what we will do is offer any number of ways that a company can go to get back in compliance," said Clair Boatwright.

If DHEC and a company can't reach an agreement, Boatwright said alleged violations are taken up in court.

She said an initial conference, like the one Pulte plans to attend, is generally an opportunity to get a company's side of the story.

"They may have a viewpoint that we haven't seen," she said. "If we get a report that says somebody hasn't done something, but they have proof that they've done it, it can end right there."

The conference will be closed to the public, according to DHEC.

LAGOONS
Lagoons are common features in developments throughout Beaufort County. They are designed to filter rainstorm runoff andare often advertised to potential home buyers as picturesque amenities.

an update on the lagoon situation at Sun City Hilton Head, SC:

Pulte defies SCHH Community
Pulte defies DHEC

For more than two years, residents of the Aster Fields neighborhood in Sun City Hilton Head, SC have tried to get Pulte to address construction problems with lagoons in their neighborhood. "Lagoons" at SCHH are Pulte's (marketing) name for stormwater quality treatment ponds. The lagoons weren't built right--26 of 32 lagoons in Phase 5 (of which Aster Fields is a part) were built with tops that are too low, bottoms that are too high, or with pipes that are clogged with silt.

The Aster Fields neighborhood is only a little over two years old. In response to the residents' complaints Pulte has managed to do NOTHING other than to deed over to the Community Association property that the lagoons occupy.

SC Governor Mark Sanford has ordered the SC Department of Environmental Control (DHEC) to hold a public meeting to allow residents to voice their concerns publicly. Here's what Pulte has to say about the public meeting (through their attorney, McNair Law Firm in Charleston, SC):

“On behalf of Del Webb Communities, Inc. (“Del Webb), I am formally withdrawing the request made by Del Webb through its consultants Thomas & Hutton Eng. Co., Inc., on October 17, 2007, to amend the Phase 5 Land Disturbance Permit…”

“Del Webb has learned, from a recent announcement at the Aster Fields neighborhood meeting, and from e-mails and conversations with OCRM staff, of the Department’s intention to conduct a public hearing and receive public comment on the Lagoon Action Plan (LAP). This contradicts earlier conversations between you and Del Webb’s engineers in which you stated that the LAP was exclusively for maintenance purposes. As you are aware, the LAP was sent to OCRM only as a courtesy to the agency and to those concerned citizens residing in Sun City. OCRM’s comments on this LAP are appreciated but not required or necessary. Del Webb intends to proceed with implementation of this LAP as soon as it can coordinate with the homeowners for access. Because this LAP proposes maintenance, the Department has no legal obligation to conduct a public hearing regarding this LAP or to receive comment. Del Webb’s on-going maintenance of its detention ponds is not subject to review and approval by the agency and maintenance activities are not intended to serve as a forum for public comment and public review.

We certainly understand that the Department has the authority to meet with owners at Sun City. However, our position is that this meeting, should it take place, is not required by regulation or statue and, with Del Webb’s withdrawal of the unnecessary permit modification request there is nothing before the agency for review and comment.”

This is Pulte. Master builder? Customer friendly? I don't think so.

I'll post the results of the public meeting when it occurs.