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Print - Close Window Subject:Villa Mi Terruno - Agency Accountabiity? From: CORALations (coralations@yahoo.com) Enck.Judith@epamail.epa.gov; jeff.radonski@noaa.gov; jane.lubchenco@noaa.gov; soderberg.carl@epa.gov; Noel.Acevedo@usace.army.mil; Sindulfo.Castillo@usace.army.mil; To: theresa.b.hudson@usace.army.mil; edwin_muniz@fws.gov; cynthia_dohner@fws.gov; lisamarie.carrubba@noaa.gov; sean.griffin@noaa.gov; tom.moore@noaa.gov; espasas@gmail.com; vgonzalez@andapr.org; Cc: jlopez@biologicaldiversity.org; pgalvin@biologicaldiversity.org; tere.rodriguez@epa.gov; coral_giac@yahoo.com; ssoltero@univision.net; sjusticia@primerahora.com; Date: Wed, 20 Jul 2011 14:55:41
To: Judith Enck, Administrator, Region II EPA Jeff Radonski, NOAA enforcement Lisamarie Carrubba, Caribbean NOAA Office Jane Lubchenco, Under Secretary of Commerce for the Oceans Carl Soderberg, Director, US EPA Caribbean, Noel SAJ Acevedo, Esq., US COE Sindulfo Castillo, Chief Antilles Division, US COE, Teresa SAJ Hudson, Jacksonville Enforcement US COE Edwin Muniz, Field Supervisor, USFWS Cynthia Dohner, Regional Director, SE Region, USFWS cc: Sean Griffin, NOAA Coral Reef Restoration Center - copied for your reference for their direct knowledge of Culebra corals Tom Moore, NOAA Coral Reef Restoration Center - copied for your reference for their direct knowledge of Culebra corals Rafael Espasas Esq. ANDA Veronica Gonzalez Esq., ANDA, Jacki Lopez Esq., Center for Biological Diversity Peter Galvin, Conservation Director and Co-Founder, Center for Biological Diversity Tere Rodriguez, US EPA Dr. Edwin Hernandez Delgado, Coral Reef Research Group - knowledge of impacts to area Susan Soltera, Univision Press Sarah Justicia Doll, Primera Hora Press Dear Agency Representatives: We learned the enforcement site visit promised over the past year from NMFS, will not take place because Ken Henline, NOAA's enforcement officer has shifted to a different local Federal Agency. (see messages below) We also just received letter from DRNA indicating EPA is responsible for recent work at the site. Received on the 18th was a response, dated June 23rd, from a March complaint directed to the The Puerto Rico Secretary of the Dept of Natural and Environmental Resources regarding damages to listed resources from the Culebra Resorts Associates, Villa Mi Terruno Mega Project on Culebra, Puerto Rico. http://www.scribd.com/doc/60357206/DRNA-Terruno-June-23-2010 The same Secretary never responded to formal complaints regarding the illegal dirt roads that have been causing the chronic impacts to these coastal waters since 2007. While the Developer insists to EPA that these roads are for "agricultural" purposes, the problem
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roads correspond exactly to the plans submitted to Planning Board for the mega development. The Caribbean office of EPA issued an Administrative Compliance Order and fine for damages to coastal waters, later negotiated (less 25% of original.) The Administrative Compliance Order requiring the NPDES Storm Water Discharge Plan was terminated despite the continued impacts to coastal waters, apparently because the problem roads were allowed to naturally grass over and the area of exposed soil reduced. Unfortunately the poorly planned illegal roads had already canalized large ghutts still eroding the mountain today. There has been no Section 7 consult by NOAA to date for the critical habitat listed waters. In a phone conversation last wednesday, EPA enforcement told me he felt the sediment running off this project was reflexive of "normal erosion" for the area, consistent with pre-road construction. Aerial photos however, clearly show alluvial plume damaging the Critical Habitat listed sea grass and this appears as the illegal road work commenced. Culebra has endangered endemic species in the proposed project area and coastal waters enjoy multiple Critical Habitat designations and listed benthic resources. This recent DRNA letter indicates the current work was ordered by EPA. These recent photos show the work impacts federally protected red mangroves and critical habitat sea grass. Most recently concrete fencing and gutters have been installed in the red mangrove wetlands that borders the critical habitat sea grass, and a pump was used to discharge the water into the bay from the work site. Our understanding is that the Corps did not issue permits for this work to date. July 11, 2011 YOUTUBE - Please note the work in this video and the attached photograph.
http://www.youtube.com/watch?v=SLWbZ7uDuFE&feature=youtube_gdata_player

Photos: http://coralations.phanfare.com/5207199 The video and photos show: 1) Inadequate and improperly installed erosion control fencing installed downland at the mangrove - waterline of bay This consistent to the "BMPs" we first began complaining about that were directly damaging the resources they were supposed to protect in 2007, and, 2)The pump in the mangroves and canalization of muddy runoff under the road and through the mangroves.... as if this "road repair" in any way reduces the environmental impact from sedimentation to the coastal waters. It is facilitating it. What the road repair does is stop the pavement on the public shoreline road from being torn off by the velocity of muddy water moving off the project as has already happened twice. A expert indicated to us that this indicates sediment detention pond failure because the point if the sediment detention pond is to slow the velocity of the water coming off the project so sediment can sink and later be scooped out. The shallow detention pond has since been concreted, also baffling the expert. The depth of the pond is limited to its proximity to coastal waters and sea level. Politically Driven Project Approval The Villa Mi Terruno project, roughly 6 X the size of the local town, was rejected as too dense given the limited infrastructure of the island by the previous administration. It threatens a nature tourism economy which today offers economic incentives to help protect Culebras spectacular coastal marine resources. Protected Lands...to protect corals and mangroves. The project is moving in an area that was protected by its zoning, put into place by the Culebra Segment of the Coastal Zone Management Plan and the Land Use Management Plan for Culebra. Special planning resolutions specific to Culebra and also linked to the Coastal Zone Management Plan, were ignored (215, 215A and 216) as the Planning Board of Puerto Rico recently approved this dense urbanization including two hotels, double triplexes, double dubplexes, (approx 200 units) 2 pools, shopping center, ecocamping lodges and 150 more parking spaces on 100 cuerdas (acres) of very steep sloping higly erodable volcanic soils. The Caribbean coastline bordering this project is directly adjacent one of our last living stands of Elkhorn corals (Acropora palmata.) CORALations is currently in local court appealing this Administration's Planning Board decision and we are challenging the approval of the inadequate EIS. The area was zoned RO-25C, put into place to demonstrate compliance and NOAA approval of the Culebra Segment of the Coastal Zone Management Plan R - Residential, O - special zoning designation specific to reduce ecological fragmentation, 25 - low density one house per 25cuerdas (approx acre), and, C defines the best use of the area ......... "Conservation."
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Please see emails below or do not hesitate to contact me in writing with any further questions. Sincerely, Mary Ann Lucking Director CORALations P.O. Box 750 Culebra, PR 00775 www.coralations.org 787.556.6234 email: maryann@coralations.org

Trabajando con comunidades del Caribe para proteger y restaurar sus arrecifes de coral. <<><<<>>><>> Working with Caribbean communities to protect and restore their coral reefs.

From: Jeff Radonski <Jeff.Radonski@noaa.gov> To: maryann@coralations.org Sent: Thursday, July 14, 2011 2:28 PM Subject: FW: Fwd: TASKER: Status update on correspondence re: Culebra, Puerto Rico

Mary Ann, Special Agent Henline has left NOAA Office of Law Enforcement for another agency, and while he was with NOAA I was his immediate supervisor. I am contacting you because of the email below that was forwarded to me. Unfortunately, I am unfamiliar with the issues specific to this site on Culebra. Currently I am on travel and will not be returning to my office until Monday. Hopefully, you can help me in understanding this matter better. Thanks, H. Jeff Radonski Assistant Special Agent in Charge NOAA Office of Law Enforcement, Southeast Division 7771 W Oakland Park Blvd., Suite 212 Sunrise, FL 33351 Phone: (954)746-4160 Ext. 301 Fax: (954)746-4164

*From:* CORALations [mailto:coralations@yahoo.com] *Sent:* Tuesday, July 12, 2011 2:36 PM *To:* Ken Henline; Lisamarie Carrubba; Jane Lubchenco; Judith Enck; Carl
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Soderberg; Noel SAJ Acevedo; Sindulfo Castillo Chief Antilles; Teresa SAJ Hudson; Edwin Muniz; Cynthia Dohner *Cc:* 'Sean Griffin'; 'Tom Moore'; 'Rafael Espasas'; 'Vernica Clnica UPR'; 'Jacki Lopez'; Peter Galvin; Tere Rodriguez; Edwin Hernandez Delgado *Subject:* Culebra, Puerto Rico, Villa Mi Terruno Mega Development

Dear Mr. Henline,

NOAA Enforcement, and Others:

This is the last followup to see if a NOAA enforcement site visit has been scheduled to Culebra, Puerto Rico, and includes an update to other agencies copied regarding continued impacts to listed Federal waters and resources from the Villa Mi Terruno / Culebra Resort's Associate's project.

As you know, Culebra's waters enjoy the strictest Federal designations possibly of any waters within US jurisdictional authority. However, a Clean Water Act loophole is apparently shielding the Mega- Project /Villa Mi Terruno, /from formal NOAA/NMFS section 7 oversight. This should in no way be confused with enforcement obligations as to the current "take" of designated critical habitat that /continues to occur today/ on the two coastal shores that border this project.

Both CORALations and the developer have independently written NOAA trying to get input and the responses received indicated formal section 7 has not been triggered. This despite an administrative compliance order and subsequent fine issued by EPA for failure to implement an NPDES Storm Water Discharge Plan. While NOAA's /informal /comments were critical of project design and layout, NOAAs /suggestions/ were ignored in project plans submitted to the Planning Board of Puerto Rico. The previous administration rejected the project based on the small island due to infrastructure limitations, and it is not clear to us if the Dept of Housing from Governor Fortuno's administration, now partnered on this project, will be, or has involved Federal funding in this project. It is possibly that through their partnership, Federal funding has already been spent. If so this could also trigger section 7 review.

Before one of the "green" double and triple triplexes proposed has been constructed, the project has been destroying coastal water quality and killing one of the last remaining living Elkhorn (/A. palmata/) coral reefs along the Caribbean Sea coastline of this project. (Written testimony of Dr. Edwin Hernandez
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Delgado, formal documents submitted to EQB and PR Planning Board)

The Caribbean side also has sea grasses listed *Resource Cat 1 *Critical Habitat, considered irreparable if destroyed. The Culebra Segment of the US Coastal Zone Management Plan ensured that much of this steep sloping, highly erodible volcanic land was zoned as low density, with best use as defined by the local Planning Board as "Conservation." This and other local developers continue to insist the use was "agricultural" and have been moving rezonifications on the basis that they are not interested in agricultural practices on the land they purchased with that zoning.

The Federal Coastal Zone Management Program therefor incorrectly assumes these lands, and the Federally listed and protected coastal resources in receiving waters of these watersheds, are protected from the impacts now destroying them today.

Puerto Rico Planning Board has approved (although we are appealing in court) this Mega-Project roughly 6 times the size of the town and planned directly atop this geologically and ecologically sensitive watershed. We assume that much of the work done has likely severely impacted an endangered cacti endemic to Culebra (/Leptocereus grantianus) /found in the upland areas where the network of roads was cleared. Via FOIA we saw photos submitted to USFWS by the project proponents showing listed endangered cactus already halved by the roads constructed back in 2007 or 2008. We documented a snake moving off the developers private property when photographing habitat destruction by a bull dozer. We caught the animal and physically brought it to the office of the USFWS Culebra National Wildlife Manager's office for identification because local office phones were out of order, and or we had no signal because of the location. After identifying the animal as the endangered VI Tree Boa (/Epicrates monensis grantii/), the Refuge Manager allowed us to return the animal to the area where it was found. The Department of Environmental Resources endangered species experts visited the site and indicated to the press that the coastal habitat of the area was consistent with the habitat the endangered VI Tree Boa requires for its survival. Two weeks later we received a warning letter from USFWS for handling the endangered snake without a permit.

Obvious to anyone is the alluvial plume of mud now breaking the surface of the waters of Ensenada Honda, located on the bay side of this project. The plume is composed of upland volcanic soils and construction gravel from the project site. It measures well over 9m
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long and 30m wide. This has suffocated sea grasses listed as Critical Habitat for Green Sea Turtles (/Chelonia mydas./) This impact is visible from NOAA aerial imagery if you are unable to make a site visit.

Agencies have been copied on videos of runoff directly impacting these coastal waters.

More work is underway in the shoreline mangroves along this bay. Despite multiple notices and a FOIA request made months ago to the Army Corp, we have not received info as to if a formal delineation of the wetlands has been completed and if permits were issued by the Corps. This is important because the work done in the red mangroves on the construction of the effluent tube would require a Federal permit and therefore trigger section 7 oversight from NOAA/NMFS.

For environmental enforcement / oversight to be meaningful, it must be time sensitive.

This project began destroying coastal waters in 2007 when we copied NOAA/ NMFS as well as the other Federal agencies. While EPA issued an administrative compliance order and fine, they subsequently reduced the penalty from 32,500.00 to 8,000.00, and then dropped the need for the storm water discharge plan as developer allowed exposed areas to naturally re-vegitate reducing land cleared to a space smaller than the jurisdictional trigger for a permit. Unfortunately damage continues to coastal waters as the poorly planned and constructed roads were built with no planning oversight illegally abusing simple permits issued by the local Dept of Natural Resources. The roads impacted powerful intermittent river and stream beds. This led to a canalization effect where the ghutts along the sides of roads continue to cause chronic erosion of the steep volcanic terrain into coastal waters. Sediment detention ponds were constructed but are too shallow to service the flow of water. When the roads are cleared and brought into use again, we expect to see even more dramatic damage to our coastal waters with every rain.

The stated reason the Culebra Segment of the US Coastal Zone Management Plan saw to the implementation of protected low density zoning for these areas was specifically to protect the stellar coastal aquatic resources of Culebra, as well as the peoples use and enjoyment of these waters.

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Thanks you,

Mary Ann Lucking Director CORALations P.O. Box 750 Culebra, PR 00775 www.coralations.org 787.556.6234 email: maryann@coralations.org

/Trabajando con comunidades del Caribe para proteger y restaurar/ /sus arrecifes de coral./ /<//<><//<//<>//>//><>//>/ /Working with Caribbean communities to protect and restore their coral reefs./

----- Forwarded Message ----*From:* Ken Henline <Kenneth.Henline@noaa.mail> *To:* 'Coralations' <coralations@yahoo.com>; 'Ken Henline' <Kenneth.Henline@noaa.gov> *Cc:* 'Lisamarie Carrubba' <Lisamarie.Carrubba@noaa.gov>; 'Edwin Hernandez Delgado' <coral_giac@yahoo.com>; 'Sean Griffin' <Sean.Griffin@noaa.gov>; 'Tom Moore' <Tom.Moore@noaa.gov>; 'Rafael Espasas' <espasas@gmail.com>; 'Jane Lubchenco' <Jane.Lubchenco@noaa.gov>; 'Vernica Clnica UPR' <very_gr@yahoo.com>; 'Jacki Lopez' <jlopez@biologicaldiversity.org> *Sent:* Monday, June 13, 2011 10:21 AM *Subject:* RE: Isla de Culebra Puerto Rico I am hoping to get out there at the end of this month.

*From:* Coralations [mailto:coralations@yahoo.com] *Sent:* Wednesday, June 08, 2011 3:12 PM *To:* Ken Henline
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*Cc:* Lisamarie Carrubba; Edwin Hernandez Delgado; Sean Griffin; Tom Moore; Rafael Espasas; Jane Lubchenco; Vernica Clnica UPR; Jacki Lopez *Subject:* Re: Isla de Culebra Puerto Rico

Dear Mr. Henline: Sending a quick follow up to see if you visited Culebra or have visit scheduled in near future. Please don't hesitate to contact me if I can be of any assistance need. Sincerely,

Mary Ann Lucking 787.556.6234 Sent from my iPhone On May 17, 2011, at 10:03 AM, Ken Henline <Kenneth.Henline@noaa.gov <mailto:Kenneth.Henline@noaa.gov>> wrote: Ms. Lucking,

I plan on travel to Culebra within the next couple weeks. like to speak with you regarding these issues.

I would

Thanks Ken

*From:* CORALations [mailto:coralations@yahoo.com] *Sent:* Friday, May 13, 2011 8:44 AM *To:* Kenneth Henline *Cc:* Lisamarie Carrubba; Edwin Hernandez Delgado; Sean Griffin; Tom Moore; Rafael Espasas; Jane Lubchenco; Vernica Clnica UPR; Jacki Lopez *Subject:* Isla de Culebra Puerto Rico

Dear Mr. Henline:

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I am writing to follow up on the report on impacts to corals at the area of Flamenco beach called the muellecito, Culebra Puerto Rico. NOAAs center for restoration has twice visited this area, photographing illegal roads and documenting impacts to listed species of corals. We have videos of runoff damaging coastal waters on multiple occasions. In the case of Proyecto Villa Mi Terruno, there has been damage caught on video to coastal waters of the bay and a report issued for damage to endangered corals on the Caribbean side of the project by Dr. Edwin Hernandez Delgado. I understand this is the same expert NOAA relies on in a case off Vega Baja. EPA has issued both administrative compliance and penalty orders for damages related to coastal storm water runoff from this site - and this prior to project obtaining permits. I am concerned that non-discretionary enforcement oversight of resource cat 1 critical habitat (considered irreparable if harmed) is being confused with section 7 oversight of the proposed project. NOAA informed us that Sec 7 oversight is triggered by federal funding or a federal permit application initiated, since they are damaging the waters without proper permits, as the EPA noncompliance order indicates, noaa section seven has not been triggered. However, NOAA has also been notified of damages to listed critical habitat coastal waters. NOAA is also working on funds for local watershed restoration where private owners are receptive to the idea. Section 7 oversight regarding the proposed project was clearly confounded by US EPA, who issued a NPDES non compliance violation and subsequent penalty order, but then later issued a letter dropping the administrative compliance order which indicated need for NPDES storm water discharge permit. My understanding is that NOAA is not taking any action because oversight has not been triggered due to EPAs letter of cessation of the administrative compliance action. Despite this paperwork confusion.....damage is still happening to our coastal waters. Today there is a 9 meter long, 30 meter wide alluvial plume of mud and construction gravel washed from the project and clearly visible even from aerial photos of damage to critical habitat listed sea grass on the bay side of this project. Sincerely, Mary Ann Lucking Director CORALations P.O. Box 750
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Culebra, PR 00775 www.coralations.org <http://www.coralations.org> 787.556.6234 email: maryann@coralations.org <mailto:maryann@coralations.org>

/Trabajando con comunidades del Caribe para proteger y restaurar/ /sus arrecifes de coral./ /<//<><//<//<>//>//><>//>/ /Working with Caribbean communities to protect and restore their coral reefs./

-Danielle Rioux Program Coordination Officer Office of the Under Secretary National Oceanic & Atmospheric Administration 1401 Constitution Ave NW, Rm. 5811 Washington, DC 20230 Email: Danielle.Rioux@noaa.gov Work: (202) 482-1172 Cell: (202) 580-9940 Fax: (202) 482-4116

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Print - Close Window Subject:Re: Villa Mi Terruno - Agency Accountabiity? From: Lisamarie.Carrubba@noaa.gov (Lisamarie.Carrubba@noaa.gov) To: coralations@yahoo.com; Date: Wed, 20 Jul 2011 14:56:50 I will be on official travel July 19-21 and will not be checking e-mails. I will respond to your message as soon as possible upon my return to the office. If you need immediate assistance, please contact Anabel Padilla at 787-851-3700 or Anabel.Padilla@noaa.gov.

file:///Users/maryannlucking/Documents/Villa%20Mi%20Terruno_ACDEC%20Defiende%20a%20Culebra/NOAA%20responses.webarchive

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Print - Close Window Subject:Re: Villa Mi Terruno - Agency Accountabiity? From: Judith Enck (Enck.Judith@epamail.epa.gov) To: coralations@yahoo.com; Cc: soderberg.carl@epa.gov; font.jose@epa.gov; Date: Wed, 20 Jul 2011 15:16:44

Thank you for this information. We will get bacl to you Sent by EPA Wireless E-Mail Services From: CORALations [coralations@yahoo.com] Sent: 07/20/2011 11:55 AM MST To: Judith Enck; Jeff Radonski <jeff.radonski@noaa.gov>; Jane Lubchenco <jane.lubchenco@noaa.gov>; Carl Soderberg; Noel SAJ Acevedo <Noel.Acevedo@usace.army.mil>; Sindulfo Castillo Chief Antilles <Sindulfo.Castillo@usace.army.mil>; Teresa SAJ Hudson <theresa.b.hudson@usace.army.mil>; Edwin Muniz <edwin_muniz@fws.gov>; Cynthia Dohner <cynthia_dohner@fws.gov>; Lisamarie Carrubba <lisamarie.carrubba@noaa.gov> Cc: Sean Griffin <sean.griffin@noaa.gov>; Tom Moore <tom.moore@noaa.gov>; Rafael Espasas <espasas@gmail.com>; Veronica Gonzalez <vgonzalez@andapr.org>; Jacki Lopez <jlopez@biologicaldiversity.org>; Peter Galvin <pgalvin@biologicaldiversity.org>; Tere Rodriguez <tere.rodriguez@epa.gov>; Edwin Hernandez Delgado <coral_giac@yahoo.com>; Susan Soltero <ssoltero@univision.net>; Sarah Justicia Doll <sjusticia@primerahora.com> Subject: Villa Mi Terruno - Agency Accountabiity?

To: Judith Enck, Administrator, Region II EPA Jeff Radonski, NOAA enforcement Lisamarie Carrubba, Caribbean NOAA Office Jane Lubchenco, Under Secretary of Commerce for the Oceans Carl Soderberg, Director, US EPA Caribbean, Noel SAJ Acevedo, Esq., US COE Sindulfo Castillo, Chief Antilles Division, US COE, Teresa SAJ Hudson, Jacksonville Enforcement US COE Edwin Muniz, Field Supervisor, USFWS Cynthia Dohner, Regional Director, SE Region, USFWS cc: Sean Griffin, NOAA Coral Reef Restoration Center - copied for your reference for their direct knowledge of Culebra corals Tom Moore, NOAA Coral Reef Restoration Center - copied for your reference for their direct knowledge of Culebra corals Rafael Espasas Esq. ANDA Veronica Gonzalez Esq., ANDA, Jacki Lopez Esq., Center for Biological Diversity Peter Galvin, Conservation Director and Co-Founder, Center for Biological Diversity Tere Rodriguez, US EPA Dr. Edwin Hernandez Delgado, Coral Reef Research Group - knowledge of impacts to area Susan Soltera, Univision Press Sarah Justicia Doll, Primera Hora Press Dear Agency Representatives: We learned the enforcement site visit promised over the past year from NMFS, will not take place because Ken Henline, NOAA's enforcement officer has shifted to a different local Federal Agency. (see messages below) We also just received letter from DRNA indicating EPA is responsible for recent work at the site. Received on the 18th was a response, dated June 23rd, from a March complaint directed to the The Puerto Rico Secretary of the Dept of Natural and Environmental Resources regarding damages to listed resources from the Culebra Resorts Associates, Villa Mi
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