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United States Department of the Interi;or
FISH AND,.' .WILDLIFE SERVICE

1815 Century Boulevard

Atlanta, Georgia 30345

In Reply Refer To:

FWSIR4IBAlCGS

September 4, 2008

Mr. Victor Luis Gonzalez

President

Calle Granada 2429

San Juan, Puerto Rico 00913

Dear Mr. Gonzalez:

Enclosed please find an executed copy of Cooperative Agreement No. 401818J565. Also enclosed
is a copy of the U. S. Fish and Wildlife Project Officer Delegation memorandum for your reference,
as well as Standard Form 269 and 270 for your use under this agreement.

If you have any questions concerning this action, please contact Janice McNeill, Jamison
Professional Services Contract Specialist, at the above address, Suite 310, or at telephone number
(404) 679-4056.

Sincerely,

Contracting and Grant Services Division

Enclosures

TAKE PRIDE ·Rfo ~

IN AMERICA ~a:a(

 AGREEMENT NO.: 401818J565 "

CHARGE CODE: 41430-1124-0000 W5 (FY08)

AMOUNT: $7,500.00

DUNS NO: 161035931

FAADS: 72-76740-San Juan 069-Huacao-00930-98-07/01l2008-12131/2009-to implement the

Punta Flamenco Forest Restoration-22

COOPERATIVE AGREEMENT

Between

U.S. DEPARTMENT OF THE INTERIOR

FISH AND WILDLIFE SERVICE

And

PUERTO RICO LAND AND FRUIT

I. COOPERATNE AGREEMENT RECIPIENT:

Puerto Rico Land and Fruit

Mr. Victor L. Gonzalez
CalJe Granada 2429
San Juan, Puerto Rico 00913

Recipient Class: Private, For Profit

Catalog of Federal Domestic Assistance Number: 15.630

II. AUTHORITY:

This agreement between the U.S. Department ofthe Interior, Fish and Wildlife Service
(hereinafter referred to as the "Service") and the Puerto Rico Land and Fruit Company
(hereinafter referred to as the ''Recipient'') is hereby entered into under the authority of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16U.S.C. 661 et seq.).

m. PURPOSE:

This Cooperative Agreement is being implemented in order to complete the project

entitled Punta Flamenco Forest Restoration. The purpose of the project is to restore
native dry forest on approximately 6.4 acres of land within the owner's approximately
109 acre property in Culebra, Puerto Rico. The practices to be used include dry forest
reforestation and forest stand improvement. The recipient intends to plant a number of

, '

native trees and other plant species have been extirpated from the island, or have such
limited distributions there, that they are unlikeiy to recolonize their ranges unless
reintroduced by man.

This project will take the first steps toward restoring the native forest ecosystem in a
private propertyadjacent to a National Wildlife Refuge (NWR) in Culebra. The property
is a farm of approximately 109 acres that consists of dry forest dominated by exotic
grasses, trees, and bushes (Figure 1). Within the defined project areas specific invasive
exotic plants will be removed, and the areas win be reforested with native tree species. -.~
Most of the project consists of reforesting the margins ofidentified existingm~ within
~ the property with native tree species. Other areas for exotic removal and forest stand
improvement include the area between a recently ~!J:iJ~,steep road and the main access
road, an area around an existing famt pond, areas near the-helipad in the northeast part of
the property, part of the old fuel depot, and a strip of forest near the beach (north of the
small pier). In total, an area ofabout 6.4 acres will be treatCci with exotic invasive plant
removal, and reforestation with native trees," The fann pond will be refurbished to be
, used as an irrigation water sourCe, as needed. Figure 2 defines the approximate project
areas. Additional effort will be made to locate suitable sites within the property and
\ ", I'" establish a new population ofPeperomia wheeleri, a federally listed plant species.

Figure 1. farm
boundari•••

3
V. SCOPE OF EFFORT:

A. The following are components or activities of the project:

1. The 111~~! ofroad segments (identified below and in Figure 2) will be cleaned
of approximately 400 undesirable tree and bush species for 5 meters to either side
using hand tools and chain saws, as identified in the proposal, and be replanted
with about 800 desirable native tree species as determined by the recipient. A
small tractor with backhoe or auger may be USed in the planting. The road .
segments total about 2,209 linear meters and are:
a. From the entrance booth to the helipad (1,160 m)
h. From road (a) to the gate of the NWR (129 m) .
c. Road to the pond (95 m)
d. Road to the communication tower (575 m) :, .l.:~ \ !}.l ::~) ( .,'
, ,
e. Steep road recently stabilized with concrete (70 m). Additional area between
the existingentriUieeroadan,f the very steep road will be treated similarly.
f. Additional area near the helipad will receive similar treatment.' ", ... ' ,

2. The area identified in the proposal as the Sea Grape belt. This is a strip of
vegetation behind.tl!e_~na Maritima Te~1re on the identified beach strip (from
the pier north to the property boundary). All clearing and planting will be done
by hand. ,.,,'
a. Exotic tree removal is limited in this site to about 30 mesquite and acacia, and
will be conducted using hand tools and chain saws.
b. About 60 native trees suitable for the site as identified in the proposal will be
planted in the area. '

3, Fonner fuel depot:

a. Part of the area will eventually be used as a tree nursery. -.

b. Approximately 30 native trees will be planted in the area.
4. Farm pond restoration and reforestation:
a. The farm pond will be cleared of invasive exotic vegetation. This may
involve some mechanized sediment removal specifically for this element.
b. The pond edges will be replanted with Stahlia monosperma, a federally listed
endangered tree species. ," f \
i

5. The planted trees will be maintained, including watering, weeding, and other
maintenance activities. Herbicide, ifused, will only be applied through a wipe
on or injection technique (no spray).

B. The Service will provide or conduct the following:

/
1. The sum ofS7,500.00 to cover the cost of producing 500 native tre~Jrom seed l-?
(at $15.00 for trees to be grown out in 3-5 gallonpots)-:-- ·--::~-:f~. . .- _
2. Technical assistance as requested and as biologist time pennits. For general pl.~. \<" J ,
technical assistance, Beverly Yoshioka is the primary contact. Staff biologist ' (,. ;
Carlos Pacheco is the contact for technical assistance with Peperomia wheeleri.
'. Y " . (:

5
..
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approval, the Service Project Officer shall forward the payment re~uest and one copy
to the Budget, Planning and Financial Services Officer for processmg.

C. Should the Recipient be unable to complete the provisions of this agreement, all
monies provided by the Service which prove to be cancelable obligations or
unallowable costs in accordance with Federal Acquisition Regulations (FAR)
Subpart 31.2 or the approved budget, shall be refunded to the Service.

D. This agreement is intended to support a particular project for a specific period of

. time., Any portion of funds advanced to the Recipient that are not expended at the
completion ofthe period of perfonnance of this agreement shaH be returned to the
Service, along with any interest earned on that amount.

X. ADMINISTRATNE OFFICER:

The Administrative Officer for this agreement is:

Janice McNei1l

Jamison Professional Services Contractor

U.S. Fish and Wildlife Service

1875 Century Boulevard, Room 310

Atlanta, Georgia 30345

Phone: (404) 679-4056

Fax: (404) 679-4057

Email: janice_ mcneill@fws.gov

XI. PROmCT OFFICERS:

A. Beverly Yoshioka

Coordinator, Coastal Program in the Caribbean

U.S. Fish and Wildlife Service

P.O. Box 491

Boquer6n, Puerto Rico

Phone: (787) 851-7297 ext. 227

E-mail: beverlyJoshioka@fws.gov

B. Mr. Victor Gonz8lez

Puerto Rico Land and Fruit

Calle Granada 2429

San Juan, Puerto Rico 00913

Phone: 787-977-5650

E-mail: victorluisgonzalez@yahoo.com

,. . '.
\ J
X B. The Recipient is responsible for obtaining any necessary permission from private
./

property owners to complete the proposed work.

\ C. The Recipient remains obligated to all other applicable Federal, State, and local
oJ
statutes, ordinances, and permitting requirements.

D. The Service will be acknowledged, as a contributing partner, on any signage

installed regarding the project. Any pUblications or presentations produced as a
result of this project will also acknowledge the Service.

E. The Service's liability will be governed by the Fe4eraITortC~s t\c:;t (28 U.S.C.
2761 et seq.). The extent ofthe Recipient's liability shall be governed by the laws
of the Commonwealth ofPuerto Rico.

F. Recipients ofgrants/cooperative agreements and/or sub-awards are encouraged to

adopt and enforce on-the-job seat belt use and policies and programs for their
employees when operating company-owned, rented, or personally-owned vehicles.
These measures include, but are not limited to, conducting education, awareness,
and other appropriate programs for their employees about the importance of wearing
seat belts and the consequences ofnot wearing them.

IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement to be
executed as of the date therein written.

U'S'~EPAR
NT OF THE INTERIOR
FISH RYleE

BY:~_~~~~~~ ____________

TITLE: Ii ~ 'ttt TITLE: ~~.GnII""""'"

DATE: AvrJ 2-(', )HI DATE: 0 ? j"y/<..,008

;

 To Kerri Heywood/R4!FWS/DOI@FWS
ee Beverly Yoshioka/R4/FWS/DOI@FWS
bee
Subject Fw: 401818J565, Puerto Rico Land and Fruit

Kerri,

Would please send a scanned copy of the full document to Beverly.

Thanks,

Don
----- Forwarded by Don Caider/R4/FWS/DOi on 05!20/2009 05:20 PM ---.­
Beverly

Yoshioka/R4/FWSIDO I
To Don Calder/R4/FWS/DOI@FWS
05/19/200901 :57 PM ec
Subject 401818J565, Puerto Rico land and Fruit

Hello Don,

I recently met with one of the ~QlQIQyees of the landowner in the above referenced project, and I had
brought a copy of the Cooperative Aoreemeot with me for bim, only to realize that the even pages were
not includs:.,d. Apparently the final signed copy that was sent to me only included the odd pages (probably
a double-sided copying glitch. Would it be possible to get a full coPy of the agreement so I can provide
one to the employee who is in charge of this project, and have a full, signed copy for my file~
•

/
 Beverly To Don Calder/R4/FWS/D01@FWS
Yoshioka/R4/FWS/DOI
ee
05/19/200901 :57 PM
bee

Subject 401818J565, Puerto Rico Land and Fruit

Hello Don,

I recently met with one of the employees of the landowner in the above referenced project, and I had
brought a copy of the Cooperative Agreement with me for him, only to realize that the even pages were
not included. Apparently the final signed copy that was sent to me only included the odd pages (probably
a double-sided copying glitch. Would it be possible to get a full copy of the agreement so I can provide
one to the employee who is in charge of this project, and have a full, signed copy for my files?

Thank you,
Beverly Yoshioka
 P. O. Box 750
Isla de Culebra, PR 00775
1-877-77CORAL / 1-877-77(2-6725)
(o) 787-556-6234 (f) 530-618-4605
@email: info@coralations.org

26 Feb 2010: Notes of document leak of USFWS Cooperative Agreement and

Next Actions Questions….

To date we have yet to receive this Cooperative Agreement Specifically requested by

ANDA attorneys using reference number through FOIA on the 27th of September, 2009.
A partial release of documents was made…but not from 2005 when impacts to this area
were first defined…This revealed that the release of this cooperative agreement may be
delayed because no one has a complete copy. Local (Boquerón Field) office indicates
in emails found in the partial release of documents requested through FOIA, they did
not have a complete copy of the agreement available upon their site visit where she
indicates she met with workers, and not with the expert that was supposed to be
supervising this mess. I have since changed our request from copies to certified copies
of this agreement…but I don’t think they have in any of their files…a complete copy of
the cooperative agreement with Gonzalez.

Emails from FOIA reveal that it is a Don Calder or Kerri Heywood of region 4 office, who
would have the complete signed copies in the Regional Office….if it does exist. I think
someone in the Boquerón office made a mistake and if they actually signed, they signed
in incomplete agreement.

Page 3: Project defines work on private property. Agency was notified in advance by
durable power of attorney of other land owners, and former mayor of Culebra, that
Gonzalez was not the sole owner of property. Also many areas reforested were inside
the public domain of the beach…without benefit of physical markers on the beach.
The roads they agree to reforest run along lagoon and coastal waters…
This agreement was signed after agency had many letters of concern issued about this
developer for blocking public access areas for the previous years and illegally
construction of bird tower patterned from USFWS bird towers but made from poured
concrete and over access roads to block access yet again…hese constructions were
found to be illegal and demolished.

Project says invasive exotics will be removed….when it introduces unspecified exotics

in the few pages we have seen of this agreement.

The pond was constructed or refurbished? Not sure there…..they dug a pond on the
upper most part of one of the boulder forest river beds…this is why it fails to hold
water…and why it causing irreparable harm…
The entire area is RS Rockland volcanic soil that is protected by a very low density
zoning whose best use as defined by our local Planning Board is “C” for Conservation.
At the site visit USFWS decides it may be a good idea to pour concrete in the pond!
USFWS is particular about any species coming into Culebra that is not already
there…Here they say reforestation of native trees…they also say species that have
been extirpated, but don’t say which species and reference historical presence.

The endangered and endemic P. wheeleri was found around the boulder forest at the
Helapad destroyed by Gonzalez without permits and a large caterpillar that pushed the
boulders down the side of the mountain now posing a chronic threat to folks hiking down
the watershed to monitor Resaca’s turtle nesting populations.

I am confident there should be more in this record from the previous refuge manager
regarding this issue not released in the first batch of FOIA documents…

Page 5.
Project targets “margins” of road to 5m….5m from the margins of some of these roads
places trees in the water, (which indeed some of them were at the sea grape line of the
beach…after other sea grapes were removed….
Many trees died in the salt or were blown out into the sea during heavy rains. On this
page it references 800 desirable species determined by the recipient…no mention of
endangered species.
1-e, references illegal road poured in concrete by Gonzalez as “steep road recently
stabilized by concrete”
No reforestation as described, has been done in any of these areas…

2. Sea Grape belt references Zona Maritima Terrestre in Spanish….this was written
locally….
The area planted was in center of dry river beds directly on the beach, and we have
before after photos of trees being blown out to sea with a heavy rain. They have a
paper ZMT on file and the planting even violated their description which included a road
that did not exist but was constructed over powerful river beds/boulder forests..

b. 60 trees were no way planted…

3. Former fuel depot:

Here it says part of this area will “eventually” be used as a tree nursery when in section
5 it specified that this is what federal funds were allocated for. To date (feb 26, 2010)
there is no tree nursery….We believe adult endangered exotics were introduced and
planted…but only a few (4 - 6) and only in center of road. It is safer to grow them from
seed. This agreement expired but was likely extended another year from dec 2009….

Replanting was not of trees grown from seeds as it indicates in section B - 1 ….the start
and stop dates of this agreement are not practical.

To date no replanting around the pond of Stahlia monosperma….

The tree nursery hanger he constructed at top of the hill covers tons of construction
equipment and possibly was constructed using these federal funds for a tree nursery
project…..The roof is not transparent….it is no tree nursery. His workers on the site said
he is constructed a house underneath it! There are no permits on file for this with local
government.
2
We attached excerpts to a letter sent to the agency indicating that P wheeleri was found
around the boulder forest helipad. Beverly used confusion about the document
electronically faxed to redundantly copy some attachments for the record and to discard
the copies of the EIS discussing P wheeleri around the boulder forest. This is not the
first time we put this into the record…but no documents were released complaining
about violations from Gonzalez from 2005…

NEXT ACTIONS: We NEED a FOIA FOLLOWUP LETTER…..

ANDA
1) We need to let them know we want documents from their file dating back to 2005
when damage to this area first began…specifically to the boulder forest area which as
they were faxed, the Navy EIS indicated P wheeleri was found.

2) We want copies of the letters and emails sent from people to the agency, not just
response letters as they did in the case of Juan Romero multiple times in this partial
release. This includes former refuge management Teresa Tallevast and should date
back to 2005 when problems with t his developer first arose.

3) The information in the cover letter from Edwin Muñiz and sent to ANDA must be set
clarified since the information referenced by Muñiz is inaccurate.

The follow up letter to FOIA was sent was in October, the original FOIA was sent in
September and that the Cooperative Agreement requested required no further
clarification….it was clearly requested by number in original FOIA request.

Finally, this follow up letter should stress “we need these documents immediately given
statute of limitation concerns and damage being caused to the area by Gonzalez, and in
the name of the Cooperative Agreement with the USFWS, as it appears on project signs
found on the public beach.”

CORALations
CORALations will write another letter for this record as well.
Website

CBD
¿Begins review of documents sent…..discuss collaborative press release?