UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION
CENTRO EUROPA BUILDING, SUITE 417
1492 PONCE DE LEON AVENUE, STOP 22
SAN JUAN, PR 00907-4127
AUG
Mary Ann Lucking Director Coralations P.O. Box 750 Culebra, PR 00775
Re: Villa Mi Terruno Development Culebra, Puerto Rico
Dear Ms. Lucking: This is in response to your letter dated July 23, 2009 regarding the Villa Mi Terruno Project in Culebra, Puerto Rico. This letter addresses various issues and concerns you describe in relation to the proposed project. Public documents pertaining to this project were mailed to you on July 29, 2009. Your request to intervene in the penalty order process has been referred to the Office of Regional Counsel and will be addressed in a separate letter. Based on on-site inspections conducted by Mr. Jaime Lopez, EPA Enforcement Officer at our Caribbean Environmental Protection Division, and communications with the VMT project developer, there is no construction activity currently going on at the site. The roads clearings have been stabilized as required by the EPA Administrative Compliance Order number CWA-02-2008-3141. Because endangered plants and animals, or their habitats, may be present at the site, the developer has initiated informal Endangered Species Act (ESA) consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. We are in receipt of communications between the Services and the developer in which concerns and mitigation measures are discussed. Once the informal consultation is concluded, we will initiate formal consultations at the Services' request. With respect to the phone messages left at our Caribbean Environmental Protection Division, it is my understanding that Jaime Lopez, who is the designated enforcement officer handling all construction stormwater cases in Culebra, has responded to all your calls. Furthermore, Mr. Lopez provided to
Internet Address (URL). http://'NWW.epa.gov
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you his personal cellular phone number and has been available to you at all times, including non-working hours. Your letter also discusses planning and zoning issues. We recommend that you contact the Administraci6n de Conservaci6n y Desarrollo de Culebra (ACDC). EPA has no jurisdiction over those issues. We can only intervene with those aspects of the project which require an EPA permit or a permit from another federal agency in which we are a commenting agency. For example, should the proposed project require a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers for the deposit of fill material in wetlands, we would be providing our comments to the Corps. I hope this letter and the documents sent to you on July 29, 2009 clarify our actions with respect to the VMT project. We will continue to monitor construction projects in Culebra to ensure compliance with the National Pollutant Discharge Elimination System program requirements and any other program requirements under our jurisdiction. In closing, I assure you that we will not hesitate to initiate enforcement action when violators are detected. Sincerely,
George Pavlou Acting Regional Administrator
TO:
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2009-07-2402:4422 (GMT)
From: CORAlations lucking, Mary Ann
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CORALATIONS
conserve. nurture", educate conservar " cuidar • educar
www.coralations.org
P. O. Box 750
Isla de Culebra, PR 00775
1-877-77CORAL /1-877-77(2-6725) (0) 787- 556-6234 (f) 530-618-4605 @email: info@coralations.org
July 23, 2009 George Pavloll Acting Regional Administrator C.S. Environmental Protection Agency
EPA Region 2
290 Broadway
New York,)IY 10001-1866
212-637-3000 FA.X: 212-637-5024
pavlou .george(iiiepa. gOY
HE' Proye!;to Villa ivii Terruiio, Isla de Culebra Puerto Rico
Dear::Vir. Pavlou: This is to provide you 1) with important information that has recently come to our attention regarding the above mentioned project and penaJty order we understand is now being negotiated with the developer, 2) request an intervention in the penalty order process, and 3) request all files in your agency records on this project. This very dense project is moving on Culebra wlthout construction permits. The roads were constructed ,vithout proper planning oversight or regard to soil or geological topography, protective lOrting of the lands. and endangered species. The roads are canalizing muddy runoff and are adversely modifying offshore critical habitat. l11e project borders two coastlines and waters listed as critical habitat for c::ndangered c.oraLs and sea grass. Coastal sea grass adjacent to this property has been further listed as Resource CategOlY I, considered irreparable if destroyed. Endangered plants and animals are onsite and· have been damaged directly by this dirt road construction. The roads built correspond to the roads proposed in the plans for the dense urbaruzation which has not yet passed through the planning process. Through a FOIA. it came to our attention that the Caribbean Office of EPA may have failed to trigger st:cticn '1 oversight from the National Marine Fisheries Service division of the National Oceanic and Atmospheric Administration, despite the listed coastal resources. Phone messages have been left at the Caribbean field office with Jaime Lopez and Carl Sodderberg. Your immediate attention to this issue is greatly appreciated. The FOIA from NIv[FS also revealed L~at the developer's engineer, a Mr Orsmi, contacted their agency and triggered a letter of response from David Bernhardt, Assistant Regional Administrator, on August 22nd, 2008 The reconuncndation of the agency included project design revision to protect tht: coastal
To:
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2009-07-240244:22 (GMT)
F'om: CORALations Lucking. Mary Ann
Mr. (';eorge Pavlou, EPA Region II, July 21 2009
resources from I!l"osion. The letter also indicated that the EPA had to trigger the Section 7 oversight for ]\"PDES compliance. This letter was copied to EPA.
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This information and the clearly false statements indicating no project is currently underway etc .... made by developer in answer to the EPA penalty order can be reviewed online at the links provided below. The Google earth image shows the magnitude of work done already by the project developers again prior to obtaining construction pennit from local planning board. These roads correspond exactly with plans submitted to planning board for roads associated with the dense urbaniZltion. We Ivol.tld like to intervene in the penalty order process and through the Freeciom of Infonnation Act (FOIA), ,ye respectfully r;!quest all information on record regarding this project.
Relevant Document Links:
Google Earth Images EPA CWA Viola1ion NPDES EPA CWA Penalty Order Terruiio EPA Violatlon-ans. USFWS FOIA Terruno NMFS FOIA hardcopy rrail hit p:lJwww.docstoe.eom/does/SB38538/google-earth-terruno http://ww'W.docstoc.l:omldol:sf8630727IEPA violation Villa-MI-Terruno hUp;{lwww.dol:stoc.com/docs/B630394IEPA Penalty Terruno hUp:liwww.docstol:. 1:0 m/dol:s/BS65268/E?A-NPD ES-Vio lation Terru no-answers http://www.d 0 estol:. eom/docs/85652 01/US FWS-Terruno-FOI A-2 http://www.docstoc.com/dol:s/S557631/NMfS-fo la-Terruno-hardcopy-mai led
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Director c, Carl Sod'!rberg Roy Crabtree Edwin :\-iuii.iz
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