CORALations, Inc.

December 11, 2020 Playa Flamenco

COMMENTS REGARDING CONSTRUCTION PERMITS:

DNER #UIC-20-25-0002.
Comments to be included for Administrative Review.

To: Sr. Rafael R. Marchargo Maldonado, Secretary

Departamento de Recursos Naturales y Ambientales
Gobierno de Puerto Rico
Carr. 8838 km. 6.3 Sector El Circo, Rio Piedras PR. 00926
San Jose Industrial Park, 1375 Ave. Ponce de León,
San Juan, Puerto Rico 00926

• The project soliciting these public comments has been observed moving at this site since
October when we understand past facilities were demolished and removed.

• We want to stress that advocacy for transparency and accountability in a planning process
should in no way insinuate a lack of trust with individuals, government agencies, or the non-
governmental organizations (NGO’s) either partnered or endorsing this project. Rather,
transparency and meaningful public participation are possibly the only cost effective, proven
mechanisms that safeguards both planners and projects from unintended negative
outcomes. Unindented outcomes encompass miss-communications, legal errors, and for
projects moving in the coastal zone unintended outcomes can include irreparable harm to
coastal waters and resources.

• Often rated by travel publications as one of the most beautiful beaches in the world, Flamenco
Beach is of significant economic importance to both Puerto Rico and Culebra’s nature-tourism
industries. Flamenco sits at this global tourism table in large part for what the beach does not
have, in contrast to many Caribbean beaches that are today scarred by unsuccessful, short-
sighted projects, or luxury resorts that restrict access to local islanders.

• The coral reefs and other natural blessings that grace Flamenco's shoreline provide critical
ecological services, such as mitigating the energy from storm waves, the production of white
sand valuable to beach tourism, shoreline armoring that slows beach erosion and the
proliferation of fish and associated marine creatures, whose combined value likely greatly
exceeds the dollars left behind by the tourists they attract.

PO Box 750 Culebra, Puerto Rico, 00775 [email protected]

CORALations, Inc. December 11, 2020 Playa Flamenco

• Ecological services are unfortunately, typically undervalued and sometimes completely

ignored in coastal project visioning and planning. The ecological services provided by
Flamenco Bay's coral reefs and existing coastal vegetation are even more important in today’s
world, visibly affected by more frequent and intense storms, major swell events, and
associated north shore beach erosion. Many species found only a few feet from shore include
federally listed endangered species, and the waters of Flamenco Bay are listed as three
dimensional critical habitat for three listed endangered species.

• Oceanographic studies reveal hat coral reef management is not only critical to the health and
associated fisheries for Culebra’s coral reefs, but demonstrate that Culebra reefs are a source
of fish larvae important to reef restoration and function on a more regional scale.

• In the waters of Flamenco Bay stand some massive, algae covered, skeletal remains of once
thriving stony corals. They evidence a fortress of bio-diversity now lost to cumulative
anthropogenic impacts.

• While it is understandable that much of this likely feels beyond the control of local managers,
the science indicates there are actions that can be taken at the local level to make a positive
difference to protect the remaining living coastal resources, not the least of which is the
importance of transparency and meaningful public participation in development plans that can
impact the coastal zone. The 1976 Culebra Segment of the Puerto Rico Coastal Zone
Management Plan indicates that all of Culebra less remaining federal lands, is designated as
coastal zone.

• CORALations’ policy is to submit comments on final plans into a formal planning record, and
like all citizens, we depend on government to provide an opportunity to do this. It is not
productive to comment on promotional materials, or ideas presented verbally in a door to door
fashion, because representations are subject to change. This represents the first opportunity
we have had to do this.

• We understand, however, this is one of two opportunities for meaningful public participation.
Indeed, DRNA webpage indicates there was a call for comments on the maritime terrestrial
zone delimitation for the area that despite the importance of this beach to Puerto Rico,
received no (0) comments. Given we monitor the coastal zone site for projects, we feel the
burden now falls on agency to document when this notice was officially posted. In any event
Coastal Zone Management officials from DRNA uncharacteristically failed to respond to an
email request for more information regarding the maritime terrestrial zone delineated, and also
critical in assessing the sustainability of this permit. If general basic lidar radar image was
adopted for this delineation it must be noted this doesn’t not minimally encompass all of the
beach to the eroding vegetation mark, let alone include biological markers and
hydrogeological features critical to these determinations. Given the importance of this area
and scope of project a ground-truthing would be required to validate the delineation.

• Projects moving on Culebra is remiss without reference to PR Law 66, 1975, that establishes
public policy for the Commonwealth agencies and created the Authority for the Conservation
and Development of Culebra (ACDEC):

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

It is declared that it is the public policy of the Government of Puerto Rico to preserve and
conserve the ecological integrity of Culebra, including its cays, islands and surrounding

PO Box 750 Culebra, Puerto Rico, 00775 [email protected]

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CORALations, Inc. December 11, 2020 Playa Flamenco

waters and ensure that the continuous development of Culebra protects and conserves, to the
maximum, its extraordinary natural environment for future generations of Puerto Rico.
• While we understand public projects involving ACDEC may not require scrutiny in the form of
a formal evaluation and an endorsement by the local board, public agencies of Puerto Rico
are obligated to respect this law today in the planning process.

• Any and all plans and agreements that reference jurisdictional authority of the Plan de
Ordinación Territorial for Culebra, (Dec 27, 2012) must understand that the record will show
that plan was adopted during a change of administration by government officials who had
been voted out of office. The subsequent zoning changes enjoyed no meaningful public
participation and those residents affected by those zoning changes were not personally
informed of changes affecting either private holdings. Further dramatic changes were made
without respect to the island’s Quit Claim Deed.

• The municipality’s public relations person indicated (Oct 9) that the more controversial
aspects of this project, specifically plans for glamor camping and a large shoreline restaurant
located in the western end of the campgrounds, were no longer moving forward.

• On the 11th of November, this DRNA/EQB issued a 30 day notice for public comments
regarding the permitting of three subterranean injection wells to holding tank for waste water,
and these plans appear to include one well and two holding tanks in the western end of the
campground, where the official indicated expansions were reconsidered. The public notice
did not provide an agency point of contact nor email, but incorrectly indicated the email for
DRNA was its website.

• Official requests for documentation regarding the project were either denied, or were not
responded too. This was documented with other citizens.

• The comments we issue today are based on very limited official information found at the
planning board website (permit summaries and “radication” dates) and the file we reviewed at
DRNA /EQB office on November 17th, 2020.

• At a brief meeting with the DRNA/EQB representative, and due to travel time constraints, and
concerns about COVID, the representative verbally confirmed that the file we were reviewing
was the complete case file

• The filed consisted only of the following: 1) a site map entitle "construction drawings," 2) a site
map entitled “Mejoras a Facilidades Playa Flamenco, 3) Permit # 2018-246963-DEA-002552,
approved on the 19th of March 2019, and Permit # 2018-24696-REA-002831, approved on
the 26th of December 2018, 4) the first page of Permit #2018-243318-PC0C-002167, a
Memorial Explicativo for the project.

• It appears that the Puerto Rico permitting agency (OGPe) issued the environmental permits
more than a year before the DRNA/EQB call for public comments. According to OGPe
definitions for REA, even today’s fast-track environmental process expresses that the
importance of the REA is to require the demonstration of infrastructure before environmental
permits can be issued.

• Not found in the file for this project was a site map referencing all the proposed septic
infrastructure tanks in relation to a delineation of the Maritime Terrestrial Zone (ZMT) or the
hydrogeology of this problematic watershed, prone to upland erosion of volcanic soils.

PO Box 750 Culebra, Puerto Rico, 00775 [email protected]

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CORALations, Inc. December 11, 2020 Playa Flamenco

• Not found in the file was any analysis regarding historic load and related capacity needs the
system would be expected to sustainably accommodate, nor extrapolations of future needs
associated to the project expansions proposed for the area. It needs to be emphasized that
it is not clear to us today given the lack of transparency, what proposed expansions or new
works are still moving today beyond the previous facilities restoration.

• Not found in the file was input or review required by USFWS. A call to USFWS revealed that
they reviewed plans in the summer of 2019, but they were unaware at this time of this call for
comments regarding this SIS permit. Waste water management should of course be a
significant concern to all projects moving on the upland border of listed critical habitat.

• The following summarizes possible legal errors found in the limited information we were
able to review:

1) In permit number 2018-24696-REA-00283, the DRNA found no critical habitat

listed for the project area, when EPA NPDES (PRR1009R) indicates the work
permitted affects a watershed known to impact endangered species and critical
habitat.

2) The entire project borders upland of Flamnenco Beach and Bay, the waters of
which enjoy two three dimensional, Critical Habitat designations. The waters of
this bay were designated in 2008 as Critical Habitat for two endangered coral
species found in the area, (Acropora palmata and Acropora cervicornis.), and in
1998 for green sea turtles, (Chelonia mydas.) Living species of other listed corals
are documented in the bay including O. annularis, O. faceolata, O. franksi, D.
Cylindrus and M. ferox, although some may have suffered recent mortality
attributed to the cumulative anthropogenic impacts affecting the area and known
to make these animals vulnerable to disease, often resulting in irreparable harm or
mortality. (NICO’s paper) The beaches of Playa Flamenco are known nesting
grounds for the most critically endangered sea turtle, the spectacular Giant
Leatherback, (Dermochelys coriacea) and the ornate shelled Hawksbill sea turtles
(Eretmochelys imbricata.). This beach provides habitat critical to the nesting /
reproductive activity of these listed species. Existing coastal vegetation in the
area is known to be critical to the listed Virgin Island Tree Boa (Epicrates monensis)
and the endangered Puerto Rican Boa (Chilabothrus inornatus) has been
documented by DRNA and Cincinnati Zoo herpetologists in this area of the island.
It should be noted that past reforestations permitted by the agency along this
coast resulted in the use (and by qualified experts) of monofilament root balls and
monofilament erosion control materials that quickly eroded in Culebra’s harsh
coastal conditions, broke apart and were entangling marine creatures in coastal
waters. Monofilament also poses a threat to listed snakes.

• The REA permit approved on the day after Christmas in 2018, references the need for
proponents to comply with a number of other local regs, for very high risk activities the extent
of which is unspecified in their written descriptions. The file reviewed regarding this permit
proposal although it comes almost a year and a half later, included no documentation of
subsequent permit compliance to the REA approval, and failed to specify extend of works
proposed or provide analysis associated with capacity, hydrogeological studies, critical
habitat characterizations, ZMT etc…The extensive list is today a matter of public record, as
the project continues to move today, and without benefit of this permit.

PO Box 750 Culebra, Puerto Rico, 00775 [email protected]

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CORALations, Inc. December 11, 2020 Playa Flamenco

• The Memorial Explicativo for this permit indicates the project proposes “ecosystem
restoration ” without further definition. Ecosystem restoration is very complicated and
expensive and appears to conflict not only with proposed expansions, but even with the
restoration of toilet and bathing facilities so desperately needed in the campground. The
restoration directly borders to the uplands, critical habitat waters and protected species.

• We could not understand what was actually being proposed in this permit due to rather
vague language describing proposed works in the Memorial Explicativo. The announcement
for public comments was less vague that the Memorial, in that it labelled the proposed
injection wells. Failure of consistent labels for each tank discussed, led to confusion trying to
site them on the map, as well as led to confusion what tanks existed where, what tanks were
being restored and where, where new tanks were going to be installed and where a tank was
to be abandoned. No mention was made of a sealing protocol for the abandoned tank. It
appears project proponents seek to renew or approve septic infrastructure based at least in
part on permits approved over a decade earlier, and that in some cases permitted tanks
never installed. We assumed those tanks were approved to accommodate proposed growth
at that time, and we question if construction permits were based on infrastructure this was to
provide at this time. We are concerned this failure to install permitted tanks at this time, may
have contributed to subsequent failures of septic tanks documented post Maria and during
periods of heavy tourism at this beach. Indeed this has created serious need for this project,
and should serve as a precautionary tale regarding capacity to support expansions now
proposed at this beach.

• Based on limited information it was not clear to us if this permit in any way depends on legal
support from a Categorical Exclusion of any kind. If it does, we would like to remind
permitting authorities that Categorical Exclusions are themselves limited to use in projects
that pose little significant environmental threat and/or are proposed in areas of low ecologic
value. The memorial explicative reflects that the project is sited in an area that Flamenco
enjoys a special protective, rustic zoning designation "O", and EPA NPDES storm water
discharge permits confirm work is taking place in a watershed that impacts federally listed
species and designated critical habitat If this project in anyway references Categorical
Exclusion # 17, which would have applied at the time these DEA and REA ’s referenced in the
permit document were issued, we need to remind the agency that at that time, CE# 17 was
for use only at sites where same injections previously existed. It is a possible legal error that
this permit references a fast-track Categorical Exclusion #17. Both migratory and listed bird
species nest on western end of the Flamenco Peninsula.

• The memorial explicativo for this project failed to present the location of the individual septic,
and or injection well storage tanks proposed, not just with regard to their type, location and
work proposed, but also in relation to water bodies. Further, it may be an error in that the
general proximity of all tanks to the waters of Flamenco Bay appear to be much closer than
what is indicated, to the extend it appears those submitted the project may have confused
the meters referenced with the feet that more closely resembles the reality at least in some
areas where tanks are proposed.

• In addition to DRNA failing to recognize federally listed critical habitat in the area, also not
mentioned is that this project is taking place in shoreline area, designated as coastal zone by
the Culebra Segment of the Puerto Rico Coastal Zone Management Act 1976.

• OGPe’s description of the REA permit describes as its primary function the documentation of
infrastructure needed to support proposed projects. We question therefore why this permit
was issued almost a year and a half before the call for comments on this proposal. Given
how critical this aspect of the injection permit is to demonstrated sustainability of the project

PO Box 750 Culebra, Puerto Rico, 00775 [email protected] 5

CORALations, Inc. December 11, 2020 Playa Flamenco

proposed, this should have been presented much earlier and for review I the permitting
process.

• Based on the DRNA/EQB formal announcement for these permits, the announcement which
appears to label one leaching septic restoration and two subterranean injection wells,
indicates a combined capacity for related holding tanks of a little over twenty-thousand
gallons. It seems intuitive even without reference to past tourism use of these campgrounds,
that this capacity will NOT accommodate expansions proposed.

• From the limited environmental permit summaries posted online, and information obtained
from the DRNA/EQB injection permit file, we understand the following works/expansions to
be moving today:

1) A 90% increase in parking (from 102 to 194 spaces), with plans to expand over
the eastern boundary of the campground, including the removal of well-
established trees that themselves provide nature aesthetic and ecological
services to the area. The area beyond the fence line are in an area high risk
UXO area likely not yet scanned.

2) Permitted was the "contemplation" of land excavation and unspecified works

around the pond which is located, as is the parking lot, in a very problematic
watershed. Although permeable parking is proposed, we question if this
technology can manage the fine particle volcanic soils associated with the upland
runoff given the severity of the washouts or guts, that impact this watershed.
Aerial photos (CRIM and Google) illustrate the problem runoff areas associated
with the pond, the parking lot, and second military tank (inland tank) near where
the shoreline restaurant was proposed.

3) Permitted was beach restoration without access to greater detail. Specifically

we have concerns about the removal of non-native mature trees and/or dune
stabilizing vegetation in the campground and/or on surrounding area dunes.

4) The proposed bathrooms and a 350ft2 food kiosko with 1000ft2 deck, do not
reconcile with structures presented on the site map posted at the entrance to the
construction site. The site map posted does not show the western end of the
campground where controversial expansions appear to continue, at least
according to the DRNA/EQB documents.

5) While the the memorial explicativo for the injection wells does not mention the
restaurant or large kiosko, it does mention removable tent site, that we cannot tell
if this is normal camping or glamor camping on platforms. Conversely, the
environmental permits mention a large 350ft2 kiosko and 1,000ft2 deck, but does
not mention the glamor camping.

6) It appears from the site maps viewed at the EQB/DRNA office that one of the
tree three subterranean injection wells found in this permit is proposed in the
most ecologically sensitive area to the western end of the campground.

• At one point, and possibly still, federal law required that a trust be established to fund a rapid
response to spills associated with these types of injection wells. (APPENDIX X) In addition
to the existence of a trust, this raises concerns regarding the reliability of these systems, as
agencies rarely implement such policies pro-actively.

PO Box 750 Culebra, Puerto Rico, 00775 [email protected] 6

CORALations, Inc. December 11, 2020 Playa Flamenco

• The Class VII injection wells were not included or listed in information available on EPA’s
injection permitting website for Puerto Rico.

• Online permit summary associated with waste-water indicated it was denied by OGPe.
Permit #. 2018-243318-SRI-021206. Further details not accessible.

• It is possible some permit requests were submitted to OGPe by experts certified in

disciplines that may not encompass the expertise required for permits. specified.

• It is difficult to assess if proposed holding tanks would support the facilities' needed
restoration without reference to past campground user data. It seems intuitive that the limited
waste water capacity proposed (approximately 20,000 gal.) could not sustainably
accommodate the numbers of people the expansions will bring.

• A more sustainable alternative would be to limit work to the restoration of the critical
bathroom and bathing facilities, and managing the waste water capacity limits to include
written management plans and protocols that can articulate obligations to tank maintenance,
and that would require additional portable sanitary facilities in support of activities or general
periods of heavy tourism load.

• We understand that the local community envisioned camping casitas as far back as the first
ACDEC management plans in 1976, however, the old plans proposed the casitas on the
hillside above the campgrounds, with the objective of accommodating low-income visitors.
Today’s glamor camping has a poor track record on similar Caribbean islands, and often are
subject to conflicts between tent campers and glamor campers.

CONCLUSION

Given the limits of the holding capacity proposed, we hope what we are being told about
the glamor camping large restaurant no longer moving in the western, most ecologically
sensitive area of this campground, is true. The numbers of people likely attracted by the
dramatic expansions proposed, including the parking, represents unacceptable risks to federally
listed endangered species in the area given the stated limits of the septic holding capacity
proposed. mmHowever, failure to restore beach and bathing infrastructure specific to better
waste water treatment also presents risks to area protected species.

We feel that the sustainable alternative is to restore and repair existing waste water
infrastructure, as well as to insure all works were conducted as permitted, and the expansions
proposed formally cancelled until the area enjoys a reliable hook up to the municipal waste
water system.

Possible confusion may exist with a past septic containment facilities and as the
reference works at Flamenco Beach, in that the map on the EPA ECHO permits show the site of
a closed containment facility, located near the entrance to the dump access, above the
Flamenco Lagoon.

That the Culebrenses have these natural blessings to inherit today stands as a
testament to the fortitude and perseverance of the Island's protectors of past generations:
Culebrenses that, in the mid-seventies, and against all odds, ended the then decades long use
of Flamenco Beach and Bay as epicenter for the North Atlantic Fleet's Training Area. On
Flamenco Beach lay the rusted remains of two military tanks that serve to remind us of a time
when this area unconscionably served as a target for US Navy and NATO forces,\ launching
bombs ship to shore and conducting air strike maneuvers.

PO Box 750 Culebra, Puerto Rico, 00775 [email protected] 7

 CORALations, Inc. December 11, 2020 Playa Flamenco

It is more effective to protect these living resources, then to engage in the much more
expensive and challenging tasks of restoring them. Beyond the economic argument, we
recognize a moral responsibility to defend Playa Flamenco’s natural treasures. Living treasure,
as Law 66 and so many other many diverse cultures have so artfully articulated, bring for their
people economic benefits, but also bear with them a moral obligation to protect and conserve
them for future generations. Based on Culebra’s history, the moral obligation to defend these
natural resources today transcends any oath of office or organizational mission statement, in
that there would be no living treasures for this generation to enjoy, if not for the
tremendous courage and sacrifice made by Culebra's past defenders.

Regarding unexploded ordnance (UXO) that still contaminates this area, even the best
efforts to remove the bombs in dynamic beach areas prone to shifting sands, cannot leave the
beach with a label of “safe." Given the tragedy of 2013 involving a seven year old girl allowed
to board the ferry while being burned by white phosphorous from a munition, the UXO hazards
clearly call for written management plans that we hope would also be open to meaningful public
participation.

Further it is not clear to us if there are plans to have military contractors present when
burying the holding tanks, the depth of which falls on the limits of modern scanning equipment
parameters. Areas to the east involving the expansion of parking beyond the fence line also
require scanning.

In addition to acceptation this information for the administrative consideration, we believe

that a that a virtual opportunity for public hearing is warranted to rectify transparency concerns
by posting all related documents online for public review. Given the COVID crisis, another 30
days is not much to ask for people to submit more substantive comments.

Sincerely,

Mary Ann Lucking

Director

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PO Box 750 Culebra, Puerto Rico, 00775 [email protected] 8

CORALations, Inc. December 11, 2020 Playa Flamenco

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CORALations is an award-winning coral reef conservation organization based on the island of

Culebra, Puerto Rico. The organization has established standing and specific to the Flamenco
Bay area, in both federal and local court cases. The organization we instrumental in upgrading
water quality standards for all of Puerto Rico’s waters (CORALations v. EPA).

It is within the organizations mission statement to provide comments regarding the

sustainability of proposed projects with respect to coral reefs and related ecosystem.

We dedicate the work involved in these comments to the late Don. Ramón Feliciano (Don
Monchin) and all of the tremendous scientists, citizens, organizations and agency
representatives whose tireless work and sacrifice over the years

has defended these resources we work to protect today.

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PO Box 750 Culebra, Puerto Rico, 00775 [email protected] 9

CORALations, Inc. December 11, 2020 Playa Flamenco

PO Box 750 Culebra, Puerto Rico, 00775 [email protected]