Professional Documents
Culture Documents
Box 750
Isla de Culebra, PR 00775
1-877-77CORAL / 1-877-77(2-6725)
(o) 787-556-6234 (f) 1-212-428-6717
@email: info@coralations.org
July 27, 2010
Armando Fana
Acting Field Office Director
Federal Office of Housing and Urban Development
San Juan Field Office
Parque Las Americas I
235 Federico Costa Street, Suite 200
San Juan, P.R. 00918-1322
Jim Lecky
Director
Office of Protected Resources
National Marine Fisheries Service
1315 East-West Highway
Silver Spring, MD 20910
RE: Objection to the release of Federal Funding for 04-AB-21-002 and or 04-FC-21-002
Centro de Comercio, Playa Sardinas II, Isla de Culebra Puerto Rico
About CORALations
CORALations is a non-profit ocean conservation organization based on the island of Culebra,
Puerto Rico. The organization founded in Puerto Rico in 1995 and has been based on Culebra
since 1999. The organizations mission is To Conserve Nurture and Education and the focus of
our conservation initiatives is the coral reef ecosystem. CORALations holds an organizational
membership with the Clean Water Network, a coalition of over 1200 organizations nation wide
that work toward implementing stronger clean water legislation to protect coastal wildlife and
communities. CORALations has developed a science based tourism initiative for the island
which attracts marine researchers and educators who utilize local laboratory facilities at the
local public Eco-School on the island in exchange for the educational integration of local at risk
youth into marine biological research projects. This educational tourism is now a growing sector
of the sustainable tourism economy bringing public benefit and low impact educational tourism
dollars to the island as visiting scientists and groups stay in local guest houses, use local
transportation options, shop at local stores and eat at local restaurants.
Purpose
We are writing in response to this, the first public notice of any kind we have seen regarding the
above referenced project, and which is announcing the release of Federal funds from a HUD
Community Development Block Grant to the Municipality of Culebra and circulated in the
Primera Hora on the 13th of July 2010.
Background
Deforestation we now learn may have been associated with this project damaged coastal
waters Federally listed at that time as Critical Habitat for Green Sea Turtles (Chelonia mydas)
[1994] and was photographed on the 4th of June, 2007 [Attachment A]
A formal complaint was filed with the local Department of Natural and Environmental Resources
for failure of land clearing activities to comply to local and Federal requirements for the
2
implementation of an erosion control plan QC-16-07. Local government requires a Plan CES
on file in the office of the environmental quality board prior to any land clearing activities, and
corresponding measures to control erosion implemented at the site of the clearing. This project
set a few hay bales on top of what became with rains a glacier of mud impacting coastal waters.
Based on our previous investigations, the site cleared had no plan CES on file at this time with
the local environmental quality board and no NPDES storm water discharge permit from the
United States Environmental Protection Agency required for any clearing over one acre.
Aggressive clearing for projects underway across the island and for which the community was in
no way notified, prompted a series of protests culminating in a DECLARATION presented to the
then Governor Acevedo Villa on the 13th of August, 2007 from the community renouncing the
environmental harm and the Government’s failure to comply with their Constitutional obligations
of meaningful public participation. At these protests, banners reading “where is my right for a
public hearing?” [Attachment B]
The 2007 land clearing was in excess of even combined projects only recently listed in the one
announcement found in these documents with erosion impacting coastal waters listed as critical
habitat for the Green Sea Turtle (Chelonia mydas) 1994, with the Critical Habitat listings for
coastal waters or corals [2008] not referenced in the letter of Exclusion from the United States
Fish and Wildlife Service and with no indication if proper Federal agency was notified.
The area proposed enjoys a low-density, rural and residential designation of RO-1C
[Attachment C] where R indicates residential, O indicates special or rustic to minimize
fragmentation in order to protect the ecological integrity of the island consistent with Culebra
public policy, 1 indicates a density of one house per cuerda or acre and C indicates the best
designated use for the lands which is “conservation.” It is possibly this RO zoning was
changed in the PR Legislators office to RU residential urbanizable in June of 2008, but there
were no public hearings on record for this change on the island of Culebra. Zoning is still
Residential. The1975 Culebra Segment of the Coastal Zone Management Plan recommended
the low density special zoning for Culebra to protect the islands spectacular coastal waters and
coral reefs from damage caused by upland coastal development on erodable soils. This was
incorporated at the planning level and until the last decade protected coastal waters from
unsustainable development. All of Culebra is listed within the coastal zone and many steep
sloping upland areas are volcanic, erodable and pose a significant threat of contamination into
coastal waters important to tourism, subsistence fishing and commercial fishing. Impacts from
the deforestation were supported by observations submitted in the March 2010 Archeological
Report describing the soil type of the area and reporting previous damage to the area
investigated by heavy equipment terracing the hills to the east. The photos in Attachment A,
and taken on June 4th, 2007 demonstrate deforestation with heavy equipment at the proposed
site and possibly funded by monies already allocated for this project.
After learning of the proposed allocation of federal funding for a shopping mall, we obtained
copies of the file on the 15th of July, 2010 from the municipal government. This was the first
time we learned of the project. The receipt from the municipality to pay for copies of the file
indicates “Revision Ambiental de Proyecto Centro de Comercio,” owever none of the documents
copied from this municipal file bore that title.
Project proponents include a section entitled: Proceso de Revisión Sección 106 para el
proyecto: Diseño y construcción de Centro de Comercio Playa Sardinas, en el Municipio de
Culebra Fase I de III. 04-AB-21-002 Propuesta CDBG 2004 Mun. de Culebra Oficina del
Comisiondo de Asuntos Municipales, Marzo de 2006, Hon. Abraham Peña Nieves, Alcalde,
Preparado por: Muños and Company, Research and Training Services, Marzo de 2006.
Included in this section was a document entitled “Aviso Publico” and dated the 27th of
3
September, 2005, in a section entitled “Evidencia De Participación Ciudadana, Aviso Prensa,
Asistencia Audiencia Pública” This document references the Centro de Comercio Project twice,
but following and in affiliation with a very popular and environmentally benign bike trail proposal.
This section also includes a document entited: Registro de Inspección de Documentos which
listed projects and then included a petition style signature page. This document included the
Centro de Comercio project number only and then referencing again the description of the
description of the very popular bicycle trail proposal. [Attachment D]
We interviewed one of the people who signed the “Registro de inspeccióó” Nadeen DeCicco,
was the only person of the three to sign that was not a municipal employee. All other
signatures were from municipal employees. She indicated that what she thought was
signing was a petition listing projects that sound beneficial for the island, and sent an
email which states same. In her email she stresses that a shopping center was not listed
on the list of projects. She wrote “Biblioteca” on the sheet because she has been an advocate
of the creation of a public library for the island an in fact today now manages one paid for
through private contributions. [Attachment D]
One of the most important missions of our organization is to comment on the environmental
sustainability of proposed projects and we never saw any of the notifications allegedly posted
and referenced in this document at any of the locations indicated. We further question if the
location of the municipal police station even existed at this time because it was our
understanding that this was possibly eliminated in 2004, however we would need more time to
substantiate this.
Public Benefit:
Culebras only industry today is nature tourism and a strip mall would both impact the tourism
product while damaging small existing locally owned micro-enterprises by cutting a very small
economic pie even smaller. The 2000 census has the population of Culebra under 2000. One
half to one quarter of the population are minors. 2010 census information is not yet accessible
but since the initial 2004 proposal Culebra now enjoys a barber shop, a beauty salon, a new
laundry mat that are all locally owned. There are two small clothing stores owned by locals that
sell school uniforms and essentials. There is one local tourism shop that sells cloths to visitors
and locals and five tourism stores that sell clothing to locals and tourists created by long term
residents not originally born on Culebra. Culebra has one local doctor who offers office visits for
the uninsured for $20 and his business would likely not survive competition. The ability of
Culebra to hold a pharmacy or dental office has been less dependant on location and more on
attracting professionals to hold the positions even when free facilities are supplied. A national
fast food chain would detract rather than enhance local tourism product. It would further
compromise nutritional health of a community suffering high rate of cancer, diabetes and other
degenerative illnesses and National pharmaceutical and fast food chains would not be able to
serve such a small population base. Recent projects funded through department of agriculture
to create open air market two years ago remain unutilized to date. Culebras nature tourism
product cannot afford another scar but local community is desperately in need of future HUD
funding for existing building renovation. In small traditionally underserved communities bublic
benefits should be accessed by the people through the process of a legitimate public hearing.
Specifics
While we are not lawyers, we did our best in referencing applicable sections of CR 24
CFR PART 58 as was required by Sec. 58.73 regarding the submission of objections
that meet the conditions and procedures set forth in subpart H, and referencing the
appropriate grounds on which to base objection. These objections were based on our
data included regarding previous land clearing activities, lack of meaningful public
4
participation, presence of hazardous materials in proposed site and on review of the
document available for public view and copied for us by the Municipality of Culebra, in
its entirety on July 15, 2010.
Objection Sec. 58.75b: The project failed to make one of the two findings pursuant to
Sec 58.40. From the documents we reviewed we see neither finding. Further if a
FONSI was declared, which is not evident in any document reviewed, we saw no
evidence of required public notifications submitted in this documentation.
Objection Sec. 58.75c: The responsible entity has omitted one or more of the steps set
forth in subpart E specifically the project fails to comply with Sec 58.5 part (j) regarding
compliance to Executive Order 12898 Environmental Justice as it pertains to access and
public participation based on the following:
1) the public notice documents confuses a popular bike trail proposal with the shopping
mall project. 2) there are only four signatures on the document stating those people
reviewed all project documents. The only one not on the municipal payroll indicated in
writing that she neither reviewed project documents nor attended a public hearing,
but instead believed she was signing in support of good projects like bike trails that
made no mention of a shopping center 3) the fact that the public notice dated 27 of
September, 2005 and that many citizens never saw, indicates prior approval on all
projects listed thereby removing any point for meaningful public participation, 4) the fact
that on the Aviso Publico document, the shopping center is buried in a description of
a bike trail and on the “Registo” document, the project title for a shopping mall is
completely replaced with the popular proposal of the bike trail which appears with the
shopping mall project title. 5) Parts of the document submitted are written in English and
part is in Spanish. Most of the local population speak Spanish only. Translations were
not provided. 6) No notice for this or other projects regarding RROF or any other
Federal funding related announcements consistent with 24 CFR Part 58 have been
posted after the summer of last year on the announcement page of the Oficina del
Comisionado de Asuntos Municipales. [Attachment D]
Objection Sec. 58.75c: The responsible entity has omitted one or more of the steps set
forth in subpart E specifically the project fails to include documentation of compliance
from the PR Planning Board in the documents available for review at the Municipality of
Culebra to sec. 58.5 referencing compliance to the Coastal Zone Management Act.
Objection Sec. 58.75c: The responsible entity has omitted one or more of the steps set
forth in subpart E specifically the project fails to comply with sec. 58.5 the Endangered
species Act when it failed to include or evaluate compliance to Federal Critical Habitat
listings for coastal waters of the project site located within the US Coastal Zone and
notify the correct Federal Agency for review, the National Marie Fisheries Service
division of NOAA for meaningful input. However we acknowledge that this burden would
fall on USFWS who should have triggered section seven evaluation from NOAA after
receiving notice of this federally funded project proposed in the Coastal Zone.
Objection Sec. 58.75e: The recipient or other participants in the development process
may have committed funds and undertaken activities not authorized by this part before
approval of the environmental certification by HUD or State Documents for review at the
municipality indicate that funds were possibly already committed from this project and
used to deforest the site before the environmental certification by HUD was completed.
We saw no evidence of any environmental certification from the State included in the
documents available for review at the municipality and would need more than the 15 day
5
limit during summer holidays to investigate compliance of this project to State regs. No
compliance documents were submitted in this document, with the exception of a blanket
exemption letter from the USFWS limited to terrestrial endangered species located on
the project site and possibly in violation of the Coastal Zone Management Act for failure
to mention or evaluate impacts from the project to protected Coastal Resources. The
USFWS blanket exemption letter incorrectly sites compliance with criteria #4 in the
blanket clearance letter issued for Federally-Funded and Authorized Projects. Criteria #4
requires the re-building of a building maintaining existing footprint and/or within pre-
existing grassed or paved areas, and that the lighting associated to the new facilities are
not visible directly or indirectly from a beach.” The area only qualifies as a “pre-existing
grassed area” because previous heavy equipment work in 2007 deforested the entire
watershed. The tall guinea grass typically colonizes areas is visible in site visit photos
from both the VI Tree Boa investigation and the Archeological report. The archeological
report submitted interviewed neighbors and also concluded from aerial photos submitted
that the area had no pre-existing structure being rebuilt. There was no lighting
specifications associated in any of the plans available for review at the municipality for a
determination to be made on their possible impacts from either direct or indirect impacts
to beaches. Strong lighting associated with strip mall security measures could easily
contribute to indirect lighting problems that affect coastal natural resources from “sky
glow” as well as further impact the star gazer tourism populations from the light pollution.
We have not had time to investigate if the USFWS failed to initiate their non-
discretionary duties of oversight to trigger Section 7 oversight for compliance from other
relevant Federal agencies responsible for the protection of protected species in offshore
waters Federally listed as Critical Habitat, but it would not be the first time they did so.
Damage to land from the 2007 clearing evidenced in CORALations photos submitted
with this document, the boa report and archeological report. Further the date of the
USFWS letter of exemption included in this report is dated after the 2007 deforestation.
Objection Sec. 58.75e: The recipient or other participants in the development process
may have committed funds and undertaken activities not authorized by this part before
approval of the environmental certification by HUD or State The site visit for the
presence of VI Tree Boa [November 2009] were conducted after the dramatic
deforestation in 2007 and references damage to the site from deforestation. It is
therefore no surprise the endangered animal common to these coastal areas was not
present
Objection Sec. 58.75d: There is no reference of public notice submitted to the press in
any of these documents reviewed. The only notice observed by our org was the one
July 13th that made us aware of the release of the federal funds for this project.
This, the only public notice information submitted in the documents we reviewed, lists
multiple projects and if FONSI applies to any of the projects (which we also did not see
evidence of) then the notice fails to comply with sec 58.43 compliance to FONSI Notice
requirements likely for all the projects. Sec 58.75 d allows objection if the entity has
omitted one or more of the steps set forth in subpart G where we contend that the sec
58.59 2, 3, 4, of Subpart G were all violated in this traditionally underserved small
community also subject to Environmental Justice executive order which insures
meaningful public participation. The project clearing was controversial enough to
mobilize folks in the street on the visit of the governor. The nature of the project is
complex and threatens to impact other small island local micro enterprises now
struggling to maintain in compromised economy. So far, four signatures, three of which
are municipal employees are the only evidence of public participation submitted in this
document and this was obtained when confusing the shopping center with a
popular bike trail as described above. [Attachments B and D]
6
Objection 58.75 b: It was not clear from the documents reviewed if applicants obtained a
categorical exclusion (Sec 58.35) based on the USFWS exemption. However, all of
Culebra is considered Coastal Zone, and all of the waters of Culebra are listed and were
listed at the time the project damaged coastal waters in June of 2007, as Critical Habitat
for endangered Sea Turtles (Chelonia mydas.) As of 2008, the waters are also listed as
Critical Habitat for threatened species of coral. Therefore a Categorical Exclusion could
not be obtained for any project on Culebra, all of which is located within the coastal
zone, without violating the Endangered Species Act, given that by definition of the
Coastal Zone, any activity which takes place in the coastal zone has the potential to
impact Federally listed and protected coastal waters of Culebra. Furhter, Sec. 58.35
indicates that a categorical exclusion is not permitted where the required change in
zoning from residential to non-residential would be required.
Objection 58.75c: The document reviewed and the municipality submitted does not
comply to 24 CFR, Subpart E - as it failed to submit requirements as described by sec.
58.40 parts a - e completely, and sec. 58.40 part f as it pertains to compliance
requirements established in Sec 58.5. The area is littered with hazardous unexploded
ordinance as documented by the US Army Corps of Engineers who based a priority map
created for the clean up of unexploded ordinance left by prior military activities on a risk
evaluation. The military contractors, Parsons, used risk evaluation based on actual
findings, historic information and use to form their conclusions. According to the
resulting “priorities” map for UXO clean up, the area indicated for development of this
shopping center is marked in Yellow and considered Medium priority for the clean up of
the bombs. [Attachment E]
Sincerely,
Enc. Attachments A - E
7
CORALations July 27 2010 Objection to the release of Federal funding #04-AB-21-002
Attachment A
Description:
Photos taken of dramatic damage to proposed site from heavy equipment on
June 6, 2007.
Also available for high resolution download and to verify photograph properties
at: http://coralations.phanfare.com/2086842
06.04.2007
06.04.2007
06.04.2007
06.04.2007
06.04.2007
06.04.2007
06.04.2007
06.04.2007
06.04.2007
CORALations July 27 2010 Objection to the release of Federal funding #04-AB-21-002
Attachment B
24 CFR Sec. 58.59 looks towards the degree of interest or controversy surrounding
a project as demonstrated here by this street protest and DECLARATION
presented to the Governor specifically stating abuse to the lands and failure to meet
constitutional obligations of meaningful public participation. This is an
Environmental Justice issue.
DECLARACION
E X P R E S A M O S:
Culebra es una isla de excepcional belleza, patrimonio natural de todo Puerto Rico. Sus
hijos hemos sido sus fieles guardianes. Desde que el pueblo culebrense logró que la
Marina de los Estados Unidos, en el año 1975, dejara de usar sus tierras para maniobras
militares, este pueblo se ha levantado de los embates de varios huracanes. Culebra ha
trabajado arduamente para que sus hijos y los hijos de sus hijos tengan una mejor calidad
de vida y un futuro de paz y tranquilidad.
Los culebrenses no permitiremos que intereses ajenos a nuestro bienestar acaben con
nuestras riquezas naturales y atenten contra nuestro derecho natural al disfrute de nuestra
tierra. Culebra quiere progresar pero los proyectos que han llegado a nuestras costas no
han contado con nosotros, no tienen nada que ver con nuestra cultura y estilo de vida y no
resultan en nuestro beneficio económico.
Entendemos que el progreso no se mide por la cantidad de mega proyectos turísticos que
se construyan. Estos sólo benefician a sus dueños y a nosotros nos queda una frágil
infraestructura sobrecargada, serios daños a nuestros valiosos recursos naturales y el fin
de nuestra calidad de vida. Nuestro verdadero futuro económico se ve amenazado por la
destrucción de lo que atrae al turista a nuestras costas: nuestras riquezas naturales y
nuestra calidad de vida.
Entendemos que el gobierno ha fallado en proteger nuestro derecho inalienable de
participar en decisiones que nos afectan. Ha sido responsable de la destrucción de
valiosos recursos naturales y ha puesto en peligro nuestra calidad de vida y futuro
económico.
1. Que cumpla con la ley y lleven a cabo vistas públicas sobre cualquier proyecto
residencial o turístico que se contemple para la isla y que declare una moratoria de un año
para investigar los proyectos propuestos y recoger el insumo del pueblo.
2. Que prepare un plan de desarrollo económico para Culebra con la participación del
pueblo de Culebra y que el mismo tenga como prioridad el progreso de sus residentes y la
conservación de nuestro patrimonio natural.
3. Que se proceda inmediatamente con un plan de restauración masiva para remediar los
daños ecológicos que han causado los proyectos existentes.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,:
TRANSLATION
DECLARATION
Culebra is an island of exceptional beauty, natural heritage of Puerto Rico. His children
have been their faithful guardians. Since the town got culebrense the U.S. Navy in 1975,
it failed to use their land for military maneuvers, this town has risen from the ravages of
several hurricanes. Culebra has worked hard for their children and their children's
children have a better quality of life and a future of peace and tranquility.
Now we face a new threat with the arrival of planners and investors seeking to take away
our natural heritage and our quality of life for personal financial gain.
The culebrenses not allow outside interests to our well being finished with our natural
resources and violate our natural right to the enjoyment of our land. Culebra want to
progress but the projects that have come to our shores have not told us, have nothing to
do with our culture and lifestyle and are not in our economic benefit.
We understand that progress is not measured by the number of mega tourism projects to
be built. They will only benefit their owners and we are overburdened infrastructure is a
fragile, serious damage to our precious natural resources and to our quality of life. Our
real economic future is threatened by the destruction of what attracts tourists to our
shores: our natural resources and our quality of life.
We understand that the government has failed to protect our inalienable right to
participate in decisions that affect us. He has been responsible for the destruction of
valuable natural resources and has jeopardized our quality of life and economic future.
1. To comply with the law and conduct public hearings on any residential or touristic
project is envisaged for the island and declare a moratorium of one year to investigate the
proposed projects and collect the input of the people.
2. To prepare a plan for economic development in Culebra with the participation of the
people of Culebra and that it has as its priority the progress of its residents and the
preservation of our natural heritage.
Attachment C
Description:
Proposed Zoning Map Prepared by FEMA Project Impact Studies in 2000.
CORALations July 27 2010 Objection to the release of Federal funding #04-AB-21-002
Attachment D
Description:
Confusing public participation documents included by project proponents.
Email from Nadeen DeCicco commenting on what she thought she was signing.
MUNICIPIO DE CULEBRA
,
AVISO PUBLICO
El Municipio de Culebra se propane ~~gramar los siguientes p~rectos aprobados para diferentes
aiios-programa por la Oficina del ComislOnado de Asuntos MumC1P~~ con fondos del ProgIl!JIlR
CDBG (Community Development .Block Grant) del ~artam~to de V1V1enda: Federal, a los fines de
'"justar el uso- de los fondos a necesldades que han surgldo posterior a la aprobaclon de los fondos:
6. Provecto aorobado: Construcci6n paseo peatonal de bicicleta, carretera 251 desde aeropuerto
Benjamin Rivera, basta b~o, en Playa Flamenco". Fase I de ill, 04-FC-21-002, ~
reprograrnarA para crear el Slgwente proyccto: Diselio y construccwn del Centro tk Comercio
Playas Sardinas, en el Municipio de Cuiebra, Fase 11 de IlL
7. Proyecto aprobado: Repavimentaci6n de la Carr. 251, comenzando en Ia Int. Carr. 250 basta la
Playa Flamenco. I de I Fase. 04-FC-2I-00l, Se reprogramarfl para cambiar la ubicaci6n del
proyecto ~: Repavimentaci6n de Ia Carr. 250, comenzando en el Frente Portuario y terminando
en las faclhdades del Departamento de Recursos Naturales. I de I Fase.
Alcalde
MUNICIPIO DE CULEBRA
,
CERTIFICACION
1. Casa Alcaldfa
2. Obras Publicas Municipal
3. Polida Municipal
4. Correa Federal-Oficina Local
5. Terminal de Lanchas-Autoridad de los Puertos
6. Aeropuerto Local-Autoridad de los Puertos
nadeen
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CORALations July 27 2010 Objection to the release of Federal funding #04-AB-21-002
Attachment E
Description:
US Army Corps of Engineer’s Priorities Map generated from a risk assessment
conducted by consultant Parson’s within the last 5 years regarding the presence
of hazardous unexploded military ordinance left by US Navy and associated
NATO target practice in the area of the site proposed.
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