A. BRAVA Documentation 2019 DRAFT

CORALations, Inc.
Playa Brava Culebra Puerto Rico December 23, 2019
Recent Dirt Road Construction Deforests Federally Listed Critical Habitat Lands, Culebra, Puerto Rico.
Please visit album to see and download high resolution images, and extended file information. https://coralations.smugmug.com/Playa-Brava-2019/
DESCRIPTION: A dirt road was opened down steep sloping, volcanic lands (RS-Rockland), deforesting ecologically sensitive coastal dry
forest, including listed critical habitat to the entrance of Playa Brava, Culebra, Puerto Rico. Recent work with heavy equipment was also observed
involving multiple lots in the area. No signs were posted to indicate permit number, name(s) of project proponent(s), or a coastal zone permit
application for the delineation of the public’s dominion this shore (ZMT). No erosion control was observed, nor planning to slope or contour
consistent with engineering best management practices. The deforestation runs parallel and within 300m of the Culebra National Wildlife Refuge
(CNWR) boundaries, and the area deforested reflected the same high ecological value coastal forests seen on adjacent refuge lands, albeit some
areas have been impacted in the past. The road fragments ecologically sensitive lands, and poses a serious threat of erosion and sedimentation to
coastal beach and the receiving waters of Bahia de Oleaja. The beach and waters of this bay are listed as critical habitat for nesting and foraging
sea turtles, as well as reef building corals found offshore. Federally listed species this deforestation may have impacted and/or now pose an
increased threat of impacts to, includes: Virgin Island tree boas (Epicrates monensis), the endangered, endemic Culebra giant anoles, (Anolis
roosevelti), hawksbill sea turtles (Eritmochyls imbricata), leatherback sea turtles (Dermochelys correacea), green sea turtles (Chelonia mydas),
elkhorn corals (Acropora palmata), three species of boulder star coral (Obicella sp.), and pillar coral (Dentrogyra cylindrus). Migratory birds and
essential fish habitat may also be impacted by sedimentation and increased, unmanaged uses of these critical habitat areas. Playa Brava, offers
no facilities and is a dynamic and dangerous North shore beach, so named for its breaking waves and strong rip currents. The road plowed has
since eroded significantly, and today presents an increased risk and associated burden to rental car companies and a small municipality
responsible for visitor safety and rescue. While it is a matter of public record that CORALations has repeatedly defended public access to the
beaches of Culebra, the last dirt access road to Brava dramatically eroded into coastal waters during heavy rains, we believe in 2005, leaving
culverts averaging 6 feet deep. CORALations has advocated the local designation and mapping of public hiking trails to Playas Brava and Resaca,
to insure a sustainable public access for future generations. Brava’s walking trail has always been seen as an asset to Culebra’s high caliber,
repeat, nature tourists, and is treasured by locals who have for years, visited, surfed and cared for this beach.
CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. Playa Brava Culebra Puerto Rico December 23, 2019
Area deforested and Designated Critical Habitat

Estimate of Area of Impact
The conservative estimates of area

deforested determined with the aid of
Critical habitat was designated in Culebra waters (see reference below) to Google Earth. Ground-truthing typically
three miles from shore for hawksbill and green sea turtles, as well as two
Caribbean Acroporid coral species.
doubles these estimates. The area near
the beach (A) and road segment (E) were
estimated at 12ft width (3.6m). Where
the slope increases greater than 30O, the
road with increases to15ft (4.6m) with
larger areas cleared not estimated.
Direct Impacts to Critical Habitat

Designated Lands:
47 FR 27295, June 24, 1982 designated
terrestrial critical habitat for the hawksbill
sea turtle (Erytmochelys imbricata),
including the beach front of Playa Brava,
Culebra Puerto Rico, from mean high
tide to a point 150m from the shore. The
use of this beach for leatherback
(Dermochelys coreacea) has been well
documented by government agencies.
Below is a screen shot of the google
earth measurement of 150m from mean
high tide, with aerial image from
October, that shows the deforestation
and clearing of lands that occurred
within designated critical habitat lands.
CNWR-USFWS bears jurisdictional
accountability where terrestrial nesting
beaches fall within refuge lands.
Coastal waters of Culebra, including the waters of Bahía de Oleaje, were also designated as critical habitat for green (Chelonia
mydas) and hawksbill (Eretmochlys imbricata) sea turtles. 63 Fed. Reg 46693 (Sept. 2, 1998) and elkhorn (Acropora palmata) and
staghorn (Acropora cervicornis) corals. 63 Fed. Reg. 72210 (Nov. 26, 2008).
2
Venture Management, Inc.

473-000-003-07-000
Brava Preservation and
Recreation SE
473-000-003-08-000
Culebra
National
Rafael Diaz Romero
Wildlife 473-000-008-27-000 Josephine B. Steven
Brice Thompson
Refuge 473-000-008-28-000 473-000-003-06-000
473-000-003-05
Ralph Houston Diaz

373-000-003-01 Brice Thompson
473-000-003-000
Maria de
VEZPA la Cruz Marquez
473-000-008-26-000 473-000-003-29-000
Petra Marquez Laureano, c/o Bryce

Jorge Guerrero Thompson. 473-000-003-08-000
Calderon
473-000-008-25-000
Hollis Burbank
Hammerlund
473-000-008-08-000

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Background and Standing
From 1984 to 2000, the Culebra National Wildlife Refuge beaches enjoyed a comprehensive saturation sea turtle
nesting tagging and nest monitoring program that engaged visiting volunteers and local youth, resulting in the
establishment of meaningful career in conservation management of at least one Culebrense. By the mid to late nineties,
the monitoring began to attract economically important repeat, long-term, visiting volunteers, knowledgeable about
nature, and who also supported social and educational organizations critical to the local community. In 2000, the DRNA
assumed the burden and had to limit the monitoring to the documentation of nesting activities only, due to financial
constraints. This resulted in both locals and repeat visitors heading to the beaches at night unguided, to watch nesting
activities. Concerned about the impacts to the nests and hatchlings, as well as the loss of high-caliber eco-tourists and
the educational benefits established for local kids, we approached Carlos Diez of DRNA who helped us design a 100%
nest hatch study. We defined a project that would employ and train local youth while collecting data important to the
DRNA, and obtained funding from the National Fish and Wildlife Foundation (NFWF.) The second year (2002) our permits
were renewed but we could not find external funding. We asked volunteers for donations to cover the guides, which
proved confusing for community as well as visitors, as it looked like a concession. Also, we unfortunately referenced
Trinidad and Tobago as an example at one point of integration of visitors not then realizing how exploitative the programs
on this island were. We ended our involvement after the 2002 season.
As it turned out however, this organization’s involvement in the protection of this sympathetic mega fauna proved
useful standing in a case on which CORALations served as co-plantiff’s challenging illegal permits issued to the Vista
Bahia development project on Mt. Resaca, above Playa Resaca’s critical habitat listed nesting beach. The work
associated with this project resulted in tons of mud contaminating the Mt. Resaca river bed on its way to Ensenada
Honda. It is worth noting that the Resaca case established a precedent for Culebra, all of which is designated coastal
zone, that while irreparable harm to receiving waters was not technically demonstrated, the photos and testimony of
experts validated that irreparable harm was eminent from this project located in the center of the island. We were
granted the injunction, and the defendants were sued again by their investors for fraud. Despite the active court cases
and ruling, the project on Resaca was sold and eventually new owners declared bankruptcy. We again had to stop the
previous developer who invaded lands with a machine on July 4, 2007, filling the pond and claiming property rights of
the court case’s co-plaintiff’s property. Ramos and CORALations vs Carlos Rivera Bustamante / KLRA201100186.
CORALations returned to court to obtain an order of demolition for the electrical infrastructure illegally installed, but
never fought for its implementation concerned about machines returning to the hillside.
Order of demolition KPE 02-0190.

4
2005 While CORALations has been bringing at risk youth from the big island of Puerto Rico to participate in monitoring of the
giant leatherback sea turtle nests since 1997, Exploradores Marinos de Culebra involved local Culebra kids on Playa Brava.
Please visit album to see and download high resolution images, and extended file information.https://coralations.smugmug.com/Exploradores-Marinos-2/

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January 20, 2007: Carmen Drueyn moves machines deforesting the area. There were no signs with permits. Knowltons try to stop her in
local court by blocking beach access road and indicating walking access only. I advised against that access approach. The actual invasion of
property did not happen until these machines came back around and then down toward the beach to return back into a Knowlton lot again.
The photo above shows clearing on what is now Hollis, Burbank and Hammerfund 473-000-008-08 heading east from the entrance. This turns
today on what is today owned by VEZPA 473-000-008-26.
January 21, 2007: CORALations filed querella # QC-02-07 DRNA for failure to implement erosion control, and no official permit sign.
January 22, 2007: Knowlton’s send documents. An add appears on Craig’s list selling property in December of 2006.
Please visit album to see and download high resolution images, and extended file information.
https://coralations.smugmug.com/ BRAVALeatherback-Sea-Turtles-Upland-
Erosion-Threatens-Playa/
January 20, 2007
 
January 20, 2007 January 20, 2007
January 20, 2007

6

7
March 8, 2007: Clearing was finally stopped by local DRNA Ranger Edilberto Romero, on March 8, 2007, when machines moved
through Knowlton’s downland property, then collaboratively owned with Bryce Thompson 473-000-003-000. Marc is seen trying to
reason with Carmen. The photo of bulldozer was taken a few hours before Edilberto arrived with the the order of paralysis, and just
before the first and most shallow of the downland road washouts was impacted.
(NOTE: Please See 2011 album linked below for really good road road and beach washout photos. )
I explained to Knowltons blocking the access was not a good argument. They argued that cars meant destruction to the road and
beach, and I agreed with that too. They promoted walking access at at the front gate.
March 8, 2007 March 8, 2007

8
MARCH 20, 2008 historic Marejada on Playa Brava - “flujo y reflujo”of surf into lagoon
This is evidence that the ZMT setback should start at the back of the Brava lagoon.
Please visit album to see and download high resolution images, and extended file information. https://coralations.smugmug.com/Surfs-Up-Playa-Brava-Culebra/
March 20, 2008

9
MAY 20, 2007:

Bawin and our returning students friends from the Albany Free School in New York join local Exploradores Marinos de Culebra to clean, have
some supervised play in the surf, and then drag bags and bags of trash up the trail. This activity was sponsored by many commercial local
businesses.
Please visit album to see and download high resolution images, and extended file information: https://coralations.smugmug.com/Albany-Free-School/
May 20, 2007
May 20, 2007

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JANUARY 6, 2011, a new sign and fence post was photographed installed at the entrance of Playa Brava. This album shows photos of
road erosion over 2m deep in areas. The album also shows beach erosion and a terrestrial marker on the beach. Please visit album to see and
download high resolution images, and extended file information. https://coralations.smugmug.com/Playa-Brava/
January 6, 2011 January 6, 2011

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scale:
1.8m
January 6, 2011

12
January 6, 2011
January 6, 2011
January 6, 2011

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APRIL 4, 2012: Exploradores Marinos Teo, Felix and JanLee documented (A. palmata) on east side surf break of
Matojo .
Please visit album for high resolution downloads and to view extended file information: https://coralations.smugmug.com/Exploradores-Marinos-18/

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DECEMBER 27, 2012 Radical Zoning Changes during a change of administration.

The Puerto Rico Planning Board’s protective zoning designations for Culebra, in exchange for federal coastal zone
management funding, were changed on December 27th, 2012, during a change of administration, by the Puerto Rico
House and Senate, and the interim, unelected Mayor of Culebra. They were signed by the then lame duck Governor Luis
Fortuño. No notice for Federal Consistency review consistent with NEPA requirements, nor proposed amendment to the
Culebra Segment of the U.S. Coastal Zone Management Plan submitted to local or federal managers. This was a
transition time of government. Although promised in the campaign, this was not addressed by Culebra’s incoming
administration.

15
These zoning changes profoundly impact use and density for the ecologically sensitive island, whose public policy as
defined by Puerto Rico Law 66, 1975 (as amended ) Article 2 (21 L.P.R.A. § 890a) is stated as follows:
Article 2. - Public Policy and Legislative Intention. (21 L.P.R.A. § 890a)
It is declared to be the public policy of the Government of Puerto Rico to conserve the ecological integrity of
Culebra, including its keys, islands and surrounding waters and ensure that the continued development of
Culebra protects and conserve, to the maximum, its extraordinary natural environment that is part of the Puerto
Rican heritage.
This is also the likely reason why Culebra was excempt from the resent fast track zoning changes impacting almost every municipality
of Puerto Rico and as proposed by projects in the House and Senate.
DECEMBER 12, 2016

Federal Registry ID: NOAA-NOS-2016-0148-0001. https://www.regulations.gov/document?D=NOAA-NOS-2016-0148-0001
NOAA’s Coastal Zone division posts a docket with the preliminary investigations regarding fast track agency consolidation and permitting law PR
Law 161, 2009 Docket remains open to date.
NOAA findings:
Section III - Description of Proposed Actions and Alternatives, NOAA finds:
3. The Commonwealth has not demonstrated that the program as amended meets the approvability criteria in certain respects. The Office
for Coastal has found that –
(a) That the Commonwealth has not shown that there is an adequate opportunity for meaningful public participation in the land use
decision-making process;
(b) That there is not adequate transparency in land-use permitting for the public to become aware of or comment on ministerial actions by
private professionals authorized to make permit decisions.

16
(NOAA findings continued)
(c) That the scope of ministerial permits which private professionals are authorized to issue includes activities where their subjective
discretion may be exercised in ways that place the interests of their employer over those of the public; and
4. The preliminary findings conclude that on the basis of the information before the Office for Coastal Management that the request for
approval of changes to the PRCZMP should not be approved.
JUNE 20 - 24, 2019
The Public Policy and Legislative Intention of Law 66 was amended through the adoption of proposed Puerto Rico House Bill/Project
PC 1403. This was a Puerto Rico House implementation project that accompanied one of the now former Governor Ricky Rossello’s
radical, fast-track, agency re-consolidation plans. The community of Culebra, had fought for, and obtained, a formal public hearing, to
voice comments for the record in order to maintain local
control of the Culebra Conservation and Development
Authority. It is worth noting that the President of the
Puerto Rico House, Johnny Méndez, broke two recorded
commitments in this process. The first was that the
public hearing promised to be held on Culebra, was held
in Fajardo, June 20, 2018, and despite notice in the
official docket of the hearing on Culebra. Despite the
challenges presented to the local people to attend, the
hearing was well attended and many local organizations
submitted the 20 copies of their public statements as
requested prior to the start of the hearing. The second
commitment that the House President, Johnny Mendez
violated was that no alterations of Law 66, 1975, would
be made and Law 66 would remain managed by the
Culebra Conservation and Development Authority.
Mendez and the Mayor agreed that the Government of
Puerto Rico would no longer fund the implementation of
Law 66.

17
JUNE 24, 2018
In violation of the public commitment made by President Mendez of the Puerto Rico House of Representatives, at the public hearing on the 20th of
June, 2018, Law 66, was amended specific to the implementation and administration of public policy, and even references the illegal zoning
changes.
Today this law states the following, and the illegal amendment stands unchallenged to date by the Municipality of Culebra:
“The formulation, adoption and administration of plans and programs for the development and use of land in the Municipality
of Culebra will be carried out in accordance with the public policy outlined here and giving full compliance with the provisions
of Law 161-2009, the “Joint Regulation for the Evaluation and Issuance of Development Related Permits, Land Use and
Business Operation ”, adopted under it, to the rules and regulations of the Environmental Quality Board, and in accordance
with the Regulatory Plan and the rating map adopted for the island of Culebra.”
It seems intuitive that the failure of these corrupt, fast track zoning changes and agency
consolidation policies will impede, and not facilitate the burden of the Puerto Rico
Government to “to conserve the ecological integrity of Culebra, including its keys, islands
and surrounding waters and ensure that the continued development of Culebra protects and
conserve, to the maximum, its extraordinary natural environment that is part of the Puerto
Rican heritage”. This is illustrated by the fact that most projects moving today that applied
for permits were issued Categorical Exclusions almost over night, which should by virtue of
the public policy established by Puerto Rico Law 66, 1975 as amended, be prohibited for
Culebra.

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JUNE 25 2019
Unfortunately, the fast track reorganization policies, and island wide changes to zoning, continue.

19

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CORALations, Inc.

Playa Brava Culebra Puerto Rico December 23, 2019

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

Area deforested and Designated Critical Habitat

The conservative estimates of area

Direct Impacts to Critical Habitat

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

Venture Management, Inc.

Ralph Houston Diaz

Petra Marquez Laureano, c/o Bryce

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

Background and Standing

Order of demolition KPE 02-0190.

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

January 20, 2007

January 20, 2007

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

March 8, 2007 March 8, 2007

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

March 20, 2008

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

MAY 20, 2007:

May 20, 2007

May 20, 2007

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

January 6, 2011 January 6, 2011

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

DECEMBER 27, 2012 Radical Zoning Changes during a change of administration.

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

Article 2. - Public Policy and Legislative Intention. (21 L.P.R.A. § 890a)

DECEMBER 12, 2016

Section III - Description of Proposed Actions and Alternatives, NOAA finds:

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

(NOAA findings continued)

JUNE 20 - 24, 2019

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

JUNE 24, 2018

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

CORALations, Inc. PO Box 750 Culebra, PR 00775 787-556-6234

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