12/8/21, 12:46 PM Gmail - RE: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

CORALations Culebra <coralations@gmail.com>

RE: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

1 message

Halbert, Robert J CIV USARMY CESAJ (USA) <Robert.J.Halbert@usace.army.mil> Wed, Nov 17, 2021 at 9:13 AM
To: CORALations Culebra <coralations@gmail.com>
Cc: "Pempek, Jonathan C CIV USARMY CESAJ (USA)" <Jonathan.C.Pempek@usace.army.mil>

Thank you for the below information.  We will do our best to capture the below issues pertaining to the Corps' jurisdiction. 
I certainly share your concerns with the amount of Corps enforcement presence.  We are doing our best given we are
based out of our Jacksonville,  FL office.

Regards,

Bobby

Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone

-------- Original message --------

From: CORALations Culebra <coralations@gmail.com>
Date: 11/17/21 8:13 AM (GMT-04:00)
To: "Halbert, Robert J CIV USARMY CESAJ (USA)" <Robert.J.Halbert@usace.army.mil>
Subject: Re: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

Dear Mr Halbert: 

Below is my phone contact.  If you only have one day, a meeting with me will likely
not be the most constructive use of your time. Past enforcement actions by the Corps involve hour long site visits to
document individual violations, so given the situation happening on today, I don’t want to take up any of your valuable field
time. 

If you are here for only one day, your visit will hopefully validate our concerns of the magnitude of illegal dock proliferation,
wetland invasions and associated fills.  The shoreline illegal development has been so egregious, we have attempted to
move
a round table approach to try and move more immediate response (orders of paralysis, etc…) by local agencies. So
far no meaningful responses.  
 
Pier constructions have been accelerating with coastal waters to three miles from shore federally listed as critical habitat
for green sea turtles, as well as for two species of Acroporid corals, with other listed corals, documented in some areas of
the
bay. All of the sea grasses for three miles from shore which studies have shown are impacted by docks as well as
their uses, are listed critical habitat on Culebra. 

The recent proliferation of illegal docks is focussed around the shores of Ensenada Honda, as well as along Canal Lobina
and the small northern most bay of Ensenada Honda, Ensenada Coronel. 

Some docks are over 100ft long. 

Many of these illegal docks are visible from the shoreline road, PR 250, along the North shore  of the Ensenada Honda.
Many of the illegal docks along the South facing shore of the bay,  are just beyond tall privacy fencing and can be better
approached
from the water. 

While existing houses of local folks in many of these shoreline bay areas were grandfathered in post hurricane Hugo, the
recent invasions of shoreline wetlands is resulting is a sort of “tragedy of the commons”, with locals who once respected
these shoreline
areas now invading them. 
Their feeling is that if outsiders are allowed to move in and develop these public lands, they are even more entitled to do
so. This makes your enforcement actions even more critical today. 

More recent shoreline developments are obvious and include fills from gravel to decks to trailers and even trailer-houses.  
https://mail.google.com/mail/u/0/?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-f%3A1716602600745843937%7Cmsg-f%3A1716681288535643525&sim… 1/5
12/8/21, 12:46 PM Gmail - RE: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

Past US ACE enforcement actions typically budgeted multiple days, and included personnel from multiple federal
agencies. 
They recorded data from electric hookups, prosecuted and actions resulted in docks being torn out. 

The most egregious fills of mangrove areas around the bay, today support off island boat storage. Possibly the most
aggressive fills can be seen bordering the south facing shore of Ensenada Coronel. Ensenada Coronel is a small bay
found in the northern
most point of Ensenada Honda. More red mangroves were  recently destroyed in this area for 40ft
trailer trucks, possibly for storage. 

Without a doubt, many docks support illegal trafficking. 

The Barrio Resaca ephemeral river meets Ensenada Honda near the end of the airport tarmac. The tarmac terminates in
wetlands that contractors have forever been hired to attempt to manage the flooding of.  Across the shoreline road, (PR
Road 250) the more
mangroves removed, the worse the flooding gets in this area.  

After Maria, emergency planes could not land as much of the tarmac was underwater. While this critical infrastructure
should
be a priority to protect, people have been invading and constricting inside many of the shoreline mangroves. The before
and after of whats been impacted, i clouding tree canopy, can be assessed from aerial imagery. 

These issues desperately require  a regulatory reckoning today, or all these shoreline natural buffers will all soon be lost,
and with them the only structure ( albeit natural) Culebra has to manage coastal flooding and slow coastal erosion in
these critical
coastal areas. 

A trackscavator hired by municipal public works, allegedly without the authorization of the mayor a former DRNA ranger,
tried to widen the mouth of the Resaca River mouth by tearing out the shoreline red mangroves, and now as you pass
over PR 250, over
the bridge at the end of the tarmac, you can see to your south the collapse of the remaining red
mangroves.  

Your regulatory oversight is critical. Since this likely has to be the first of multiple enforcement visits in awhile, I decided
my time today tmay be better spent putting these concerns in writing than being seen pointing out the many offenses on
the
ground. 

Please feel free to call with any questions. 

Thank you for your site visit today. 

Mary Ann Lucking

CORALations
PO BOX 750
Culebra, PR  00775
787-556-6234
email: coralations@gmail.com
www.coralations.org
<>< <>< <>< 

On Nov 16, 2021, at 6:13 PM, Halbert, Robert J CIV USARMY CESAJ (USA)
<Robert.J.Halbert@usace.army.mil> wrote:

Ms. Lucking,

We will be arriving by ferry at approximately 1030.  See you then.

Bobby

Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone

https://mail.google.com/mail/u/0/?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-f%3A1716602600745843937%7Cmsg-f%3A1716681288535643525&sim… 2/5
12/8/21, 12:46 PM Gmail - RE: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit
-------- Original message --------
From: CORALations Culebra <coralations@gmail.com>
Date: 11/16/21 5:15 PM (GMT-04:00)
To: "Halbert, Robert J CIV USARMY CESAJ (USA)" <Robert.J.Halbert@usace.army.mil>
Cc: "Pempek, Jonathan C CIV USARMY CESAJ (USA)" <Jonathan.C.Pempek@usace.army.mil>, Alfredo
<cesam.upr.cn@gmail.com>, Nicolás Gómez <nicolas.x.gomez@gmail.com>, Lourdes Feliciano
<culebramarine@yahoo.com>, Edwin Hernandez Delgado <coral_giac@yahoo.com>,
Ruperto Chaparro
<ruperto.chaparro@upr.edu>, Ariel Lugo <aelugo1234@gmail.com>, Ricardo Colón-Rivera
<ricardojcolon@gmail.com>, Winnie Marquez <winniemarquez@gmail.com>, Roberto Morales
<directorfederalesculebra@gmail.com>, Carmen Guerrero <Guerrero.Carmen@epa.gov>
Subject: Re: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

Saludos Mr. Halbert: 

There’s likely at least three days of field documentation here.  

I’m not sure when your last regulatory site visit was.  

We have been working to grab the attention of local and federal enforcement agencies for months,
culminating in round-table discussions of regulatory authorities. Interested local party’s are copied above on
this email.
 
EPA should have reported coastal
and shoreline fills that fall outside of their clean water jurisdictional authorities - but inside of the Corps
based on their site visit. 

We have a number of sites including,

but not limited too, the rampant proliferation of illegal docks in and around almost all of Ensenada Honda.
This alone could take three days of field work to document. 

Many of these involve shoreline invasions of wetlands, destruction of red mangroves and different fill
materials including gravel for small impacts or small peninsulas where large fills were done to store boats.
Some salt flats were deforested and erosion
control materials were placed incorrectly in the wetlands (as a
fill) just to claim and sell
lots along the shore of Playa Larga. 

We don’t believe many of these sites have local or federal JD’s or permits of any kind.

The good news is at this point many should easy to prosecute given they were so
bold so as to install electricity, and the pedestals should provide direct conduit (pardon the pun) to those
shoreline invaders. 

I have to step out now, but will provide an up to date map in PDF electronically, before tomorrow morning
with those sites we are very concerned about.   

I can meet you at the airport at 10:30? 

The invasion, destruction and fill

of shoreline wetlands is of great concern today given Culebra’s major infrastructure is located along
shoreline wetlands. 

Poor land use management practices including aggressive “trimming” and/ or direct removal
of red mangroves have left shoreline red mangroves too stressed to produce seeds. 

Impacts to wetlands and shore development t are readily seen in comparison to historic google images, or
better even the annual
high resolution NOAA flyover photos you likely have at your disposal.

I’m sure you are well aware that the shoreline mangroves are to Culebra what the levees are to New
Orleans, that is if the levees also provided critical fish nursery areas. 

Thank you for conducting a site visit,

but as in past compliance visits, this will likely take multiple days of field work to document the last few years
of illegal
construction activities. 
https://mail.google.com/mail/u/0/?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-f%3A1716602600745843937%7Cmsg-f%3A1716681288535643525&sim… 3/5
12/8/21, 12:46 PM Gmail - RE: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

Thank you, 

Mary Ann Lucking

CORALations
PO BOX 750
Culebra, PR  00775
787-556-6234
email: coralations@gmail.com
www.coralations.org
<>< <>< <>< 

On Nov 16, 2021, at 3:50 PM, Halbert, Robert J CIV USARMY CESAJ (USA)
<Robert.J.Halbert@usace.army.mil> wrote:

Ms. Lucking,

We are scheduled to be in Culebra tomorrow at 1030.  We have a tight schedule however, we

can meet to discuss any concerns.  If you have a list of structures and/or activities that may
concern us, feel free to send our way.

Regards,

Bobby

Sent via the Samsung Galaxy S9, an AT&T 5G Evolution capable smartphone

-------- Original message --------

From: CORALations Culebra <coralations@gmail.com>
Date: 11/16/21 2:57 PM (GMT-04:00)
To: "Halbert, Robert J CIV USARMY CESAJ (USA)" <Robert.J.Halbert@usace.army.mil>,
"Pempek, Jonathan C CIV USARMY CESAJ (USA)" <Jonathan.C.Pempek@usace.army.mil>
Subject: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit

Dear Mr. Pempek and Mr. Halbert: 

We just received notice of your visit to Culebra, Puerto Rico and are happy to take time to
show you sites of concern. 

Mary Ann Lucking

CORALations
PO BOX 750
Culebra, PR  00775
787-556-6234
email: coralations@gmail.com
www.coralations.org
<>< <>< <>< 

Begin forwarded message:

From: "Urelius, Karen M CIV USARMY CESAJ (USA)"

<Karen.M.Urelius@usace.army.mil>

Date: November 16, 2021 at 12:23:31 PM AST

To: CORALations Culebra <coralations@gmail.com>

Cc: guerrero.carmen@gmail.com, SAJ-RD-Enforcement <saj-rd-

enforcement@usace.army.mil>

Subject: USACE Enforcement Team Site Visit

https://mail.google.com/mail/u/0/?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-f%3A1716602600745843937%7Cmsg-f%3A1716681288535643525&sim… 4/5
12/8/21, 12:46 PM Gmail - RE: [Non-DoD Source] Fwd: USACE Enforcement Team Site Visit
Good morning!

I was informed that the following two individuals that work for our Enforcement
and Compliance Section will be visiting Culebra this month. 

jonathan.c.pempek@usace.army.mil

robert.j.halbert@usace.army.mil

This is the general email for the Enforcement/Compliance Team: 

saj-rd-
enforcement@usace.army.mil

I do not know the dates of their visit, you may coordinate directly with them if
you have some actions you would like them to investigate.

Best regards,

Karen M. Urelius

Team Lead, Antilles Regulatory Office

U.S. Army Corps of Engineers

Cell:  787-370-8359

https://mail.google.com/mail/u/0/?ik=bf7a11e4c1&view=pt&search=all&permthid=thread-f%3A1716602600745843937%7Cmsg-f%3A1716681288535643525&sim… 5/5