5/1/2021 Gmail - Re: Immediate enforcement action

CORALations Culebra <coralations@gmail.com>

Re: Immediate enforcement action

1 message

CORALations Culebra <coralations@gmail.com> Sat, May 1, 2021 at 11:14 AM

To: "Guerrero, Carmen" <guerrero.carmen@epa.gov>, "Hon. Edilberto Romero" <alcaldeculebra2021@gmail.com>
Cc: "Rivera, Jose" <Rivera.Jose@epa.gov>, "Geliga, Jaime" <Geliga.Jaime@epa.gov>, "Font, Jose" <Font.Jose@epa.gov>,
Ariel Lugo <aelugo1234@gmail.com>, Ruperto Chaparro <ruperto.chaparro@upr.edu>, Edwin Hernandez-Delgado
<edwin.hernandezdelgado@gmail.com>, "alfredo.a.montanez@gmail.com" <alfredo.a.montanez@gmail.com>, Nicolás
Gómez <nicolas.x.gomez@gmail.com>, Lourdes Feliciano <culebramarine2@gmail.com>, Hector Arroyo Rivera
<hectorarroyo@jca.pr.gov>, rviqueira <rviqueira@protectoresdecuencasinc.org>
Bcc: ana toledo <ana@anatoledo.com>, Teresa Tallevast <teresatallevast@gmail.com>

Dear all:

Thank you again for committing to this meeting. It is our hope this will help in long term, to address some of the policy
gaps now contributing to the egregious impacts now happening to Culebra watersheds.

This is a request for immediate enforcement action to address the completely illegal fill and excavation, beyond the
failure to apply for and/or implement an NPDES storm water discharge plan.
These activities present threats to coastal waters, and neighboring properties, that can be prevented if enforcement acts
quickly.

We need your help connecting with local DRNA, to take an immediate action.

Please see attached documentation.

On Wed, Apr 28, 2021 at 7:00 AM Guerrero, Carmen <guerrero.carmen@epa.gov> wrote:

Buenos dias Maryann and other colleagues! Hope all are well and in good health.

Yesterday I spoke with DNER Secretary Machargo and requested if we could have a meeting with the community, the
Municipality of Culebra, and a number of local and federal agencies with jurisdiction on the number of issues that you
have highlighted recently, such as DNER, OGPE, DOH, EPA, USFWS, NOAA, and others. The Secretary agreed to
this meeting and asked me to work with his office in coordinating alternative dates and times.

Our team at EPA who has been in communication with you, has been working on enforcement matters regarding
construction projects that require a NPDES permit. Thanks to your input and the support from USFWS and DNER
Rangers, we have been able to identify the name and contact information of developers; but we are aware this is not
always an easy task. OGPE’s participation in this meeting could help establish a point of contact for Culebra issues in
the agency, as well as facilitate an understanding their permitting process and consideration of zoning restrictions.

In regards to the injection-well permit in Flamenco and the problems with septic systems throughout the island, we will
need DNER and DOH’s engagement regarding permitting, compliance, and enforcement. EPA recently establish a
Caribbean Septic Systems Working Group, which can also provide technical assistance and identification of funding
opportunities to attend issues regarding planning, construction, operations, and maintenance of septic systems.

In regards to the Culebra open dump, we will also need DNER’s engagement for issues regarding permitting,
compliance, and enforcement. In addition, we will work with our EPA-RCRA team to help identify the documents that
you are requesting.

https://mail.google.com/mail/u/0?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-a%3Ar3279976394200278576%7Cmsg-a%3Ar-2768897562282139247&s… 1/5
5/1/2021 Gmail - Re: Immediate enforcement action
In preparation for the meeting with DNER, Municipality and other agencies, I suggest if we may have a pre-meeting to
prepare and design the draft agenda with discussion items and suggested action items. I can help set up a MS Teams
meeting and you can send to all the contacts that you would like to engage in this planning process. The input from all
included in this email is instrumental. I am available next week anytime after 4:00 pm for this initial planning meeting.
Please let me know which date and time work best for you.

Mil gracias,

Carmen

------------

Carmen R. Guerrero Perez

Director

Caribbean Environmental Protection Division (CEPD)

U.S. Environmental Protection Agency (EPA)

City View Plaza II Suite 7000

Guaynabo, PR 00968-8069

787-977-5875

guerrero.carmen@epa.gov

From: CORALations Culebra <coralations@gmail.com>

Sent: Tuesday, April 27, 2021 1:20 PM
To: Rivera, Jose <Rivera.Jose@epa.gov>; Geliga, Jaime <Geliga.Jaime@epa.gov>; Guerrero, Carmen
<guerrero.carmen@epa.gov>; Font, Jose <Font.Jose@epa.gov>; Ariel Lugo <aelugo1234@gmail.com>; Ruperto
Chaparro <ruperto.chaparro@upr.edu>; Hon. Edilberto Romero <alcaldeculebra2021@gmail.com>; Edwin Hernandez-
Delgado <edwin.hernandezdelgado@gmail.com>; alfredo.a.montanez@gmail.com; Nicolás Gómez
<nicolas.x.gomez@gmail.com>; Lourdes Feliciano <culebramarine2@gmail.com>; Hector Arroyo Rivera
<hectorarroyo@jca.pr.gov>
Subject: Fwd: Resumen del Permiso

Saludos Mr. Rivera y Mr. Geliga, et. al.:

This is to follow up on the March 4th phone conversation, (message below) where we discussed the possibility of
obtaining information already requested by FOIA from EPA over a year ago now, regarding the administrative order
recently issued on Culebra's dump. This is to share with members of the community advisory board of Culebra's MPA,
(RNCLP) as the dump borders shoreline watershed whose runoff impacts the waters in the heart of this natural reserve
area.
https://mail.google.com/mail/u/0?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-a%3Ar3279976394200278576%7Cmsg-a%3Ar-2768897562282139247&s… 2/5
5/1/2021 Gmail - Re: Immediate enforcement action

Received was a 2012 letter from EQB/JCA, which documents a one day visit, and those violations in management
practices seen at the dump on that day. Unfortunately, this was one of the many documents released, much of which
was comprised of more or less arbitrary files not requested as a part of the EPA FOIA request already sent.

Also this is to follow up regarding the information promised on the injection-well permit information, now moving on
Playa Flamenco's campground project. The injection well permitting was the last of the permitting aspects to be
considered by the previous administration and other project proponents on this project, when it deserved consideration
much earlier in the planning and permitting process. Here was saw OGPe permits issued on the 26th of December,
2018 which indicated that "no critical habitat was found in JP's geolocalizador data base" so permits were issued
concluding there were no concerns of critical habitat in the area. This project involves two of Puerto Rico's most
reputable environmental organizations, and is being led by a LEED certified architect. We still don't know if the injection
well permits have been issued.

We found multiple errors in the permitting process for the well. What we did not find were any calculations based on
user data and /or waste capacity needed, estimated or extrapolated in relation to the proposed expansions. We
submitted these comments to DRNA on the last day of the deadline specified for the record and they sent a letter, three
months later, indicating they received our comments on the date we sent them, but unfortunately they indicated this
made them a day late, so they were not to be included into the record. It should be noted, that this was the only
opportunity for meaningful public participation in this project, and the comments were sent in and confirmed received on
the last day of the comment period, according to the announcement. There appears to be no formal appeal of this
determination in DRNA's current administrative protocol. The contact on this is Hector Arroyo Rivera copied above.
We are confused if his position is still with JCA which has been eliminated (?).

Environmental oversight in Puerto Rico, appears to be being dictated by fiat, specifically in the form of increasing long
lists of potentially environmentally destructive activities that appear today on increasingly long lists of numbered as
categorical exclusions. These are to be applied equally everywhere, irrespective of any consideration, let alone
analysis, of the ecological sensitivity of the area where the activity is proposed.

On Culebra, we have seen this abuse of categorical exclusion see permitting turn around times of less than 24 hours
and in areas with protective "o " zoning where they should not be used. All of Culebra is considered coastal zone and
all receiving waters have multiple critical habitat listings.

These categorical exclusions do not appear to be well thought out planning policy changes, especially with regard to
how they may impact your agency's non-discretional duties of oversight to maintain Culebra's listed coastal waters
swimmable/fishable.

It appears all such injection wells require the establishment of a federal trust for quick access to funding for a clean up
response, in the event of a spill, and we believe that such a policy provision could only have resulted as a result of past
litigation. This does not inspire confidence in the injection wells moving today.

To be clear we understand that the restoration of the bathrooms at Playa Flamenco needs to be accomplished , and
as soon as possible.

Our concern is that we would like to see formal assurances from the new Mayor, ACDEC or EPA that insures us the
past proposed expansions which we define as the 90% expansion of the paid parking, the large kiosko/restaurant
planned towards E, the "glamping" and associated administrative offices, are not moving forward at this time. We need
federal oversight and opportunity for public comment on Flamenco's injection well permits.

Please be reminded that Culebra's waters are listed critical habitat for green seat turtles (C mydas) and the acroporid
corals (A. cervicornis and A. palmata.) Some sea grass beds are further listed as Resource Cat 1 and considered
irreparable if destroyed (non-mitigatable.) While coral collapse is pretty dramatic, most coastal waters have recent

https://mail.google.com/mail/u/0?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-a%3Ar3279976394200278576%7Cmsg-a%3Ar-2768897562282139247&s… 3/5
5/1/2021 Gmail - Re: Immediate enforcement action
mortality skeletons or living corals of the more recently listed Caribbean coral species Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox . Beaches enjoy nesting leatherbacks
(Dermochelys coreacea) and north shore beaches were listed as critical habitat for nesting hawksbill sea turtles (
Eretmochelys imbricata.) The NW Peninsula of Flamenco has the largest migratory sea bird colony remaining in the
Caribbean, although populations of returning birds are in a very noticeable and dramatic decline this year. Much of the
island supports xeric vegetation critical to the endangered VI Tree Boa (Epicrates monenses.) The multi-trunked trees
and other spiny vegetation is undervalued and unprotected, despite being able to withstand intense heat and drought
while stabilizing volcanic soils on Culebra's steep sloping, volcanic hillsides which protects Culebra's coastal water
quality.

I also want to remind you regarding US Executive Order 13089 compels all federal agencies to do whatever is within
their powers to protect coral reefs, and US Executive Order 12898, regarding Environmental Justice , applies to many
Puerto Rico communities, including and indisputably, Culebra.

Flamenco bay like all shoreline waters of Culebra, are visibly suffering from cumulative water quality impacts.

Please see this short documentary focussed on Flamenco Bay where you can see wq impacts at the end:

https://youtu.be/ty2OxvZGmW8

Thank you.

---------- Forwarded message ---------

From: CORALations Culebra <coralations@gmail.com>
Date: Thu, Mar 4, 2021 at 6:50 PM
Subject: Fwd: Resumen del Permiso
To: Jose Rivera <rivera.jose@epa.gov>, Jaime Geliga <geliga.jaime@epa.gov>

Dear Mr. Rivera and Mr Geliga:

Thank you for your time today. I appreciate the most recent admin order info, ion Culebra’s dump, and any info we can
learn on the injection wells at Flamenco.

This is typical of projects moving today on Culebra. The two links below show local permits rejected in 2017, and then
approved in 2020. From this you can see lot number, address and proponents.

Receiving water body is an ephemeral river, also being filled downland, and at a point closer to the ocean, but the fill is
possibly by others.

The intermittent river this impacts, feeds into ensenada coronel. (NE corner of Ensenada Honda)

They just put electric posts in.

Property bisected by fence - possibly
two properties. This is a 12 lot project.
We conservatively estimate 1.2 acres but if property is bisected- one project could be moving without signs.

>
>
>
>> 2017
>> https://ogpe.pr.gov/freedom/public/permitInfo?corePermit=564441
>
>> 2020
> https://ogpe.pr.gov/freedom/public/permitInfo?corePermit=584448
>>
>>

>> Mary Ann Lucking

https://mail.google.com/mail/u/0?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-a%3Ar3279976394200278576%7Cmsg-a%3Ar-2768897562282139247&s… 4/5
5/1/2021 Gmail - Re: Immediate enforcement action
>> CORALations
>> PO BOX 750
>> Culebra, PR 00775
>> 787-556-6234
>> email: coralations@gmail.com
>> www.coralations.org
>> <>< <>< <><

--

Mary Ann Lucking

Director

CORALations
P.O. Box 750
Culebra, PR 00775
www.coralations.org
787.556.6234
email: maryann@coralations.org, coralations@gmail.com

Trabajando con comunidades del Caribe para proteger y restaurar

sus arrecifes de coral.

<<><<<>>><>>

Working with Caribbean communities to protect and restore their coral reefs.

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

Trabajando con comunidades del Caribe para proteger y restaurar

sus arrecifes de coral.

<<><<<>>><>>

Working with Caribbean communities to protect and restore their coral reefs.

Excavation:Fill Continues_WEST CASITA AZUL WATERSHED.pdf

5261K

https://mail.google.com/mail/u/0?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-a%3Ar3279976394200278576%7Cmsg-a%3Ar-2768897562282139247&s… 5/5