Comments of Comite Dialogo Ambiental, Inc.

on Evaluation of the Puerto Rico Coastal Zone

Management Program, Office of Ocean and Coastal Resource Management, National Oceanic
and Atmospheric Administration.
Contact: Ruth Santiago, J.D., LL.M., P.O. Box 518, Salinas, Puerto Rico 00751,
rstgo2@gmail.com, 787-312-2223.
May 22, 2015
Comite Dialogo Ambiental, Inc. (Dialogo) is a community environmental group
composed of residents of the municipalities of Salinas and Guayama, organized as a nonprofit
corporation under the laws of the Commonwealth of Puerto Rico since 1997. The purposes of the
organization are to promote the general welfare of the communities it serves through education
and capacity building of residents concerning the adverse impacts of human activities on the
ecologic balance of natural systems and the importance of restoring the environment and
promoting conditions under which human beings and the environment can exist in harmony to
fulfill economic, social and other needs of present and future generations.
The National Oceanic and Atmospheric Administrations Office of Ocean and Coastal
Resource Management (OCRM) is conducting an evaluation of the Puerto Rico Coastal Zone
Management Program (PRCZMP or the program) pursuant to Section 312 of the Coastal Zone
Management Act (CZMA). The Puerto Rico Department of Natural and Environmental
Resources (DNER) and the Puerto Rico Planning Board (PRPB) manage different aspects of the
PRCZMP and the Puerto Rico Environmental Quality Board (EQB), the Permits Management
Office (PMO) and some autonomous municipalities share responsibilities related to PRCZMP
implementation.
In terms of accomplishments of the PRCZMP during the evaluation period, Dialogo
points to the concerted effort by DNER to enter into collaborative agreements with community
and environmental groups with respect to various coastal areas including the Jobos Bay National
Estuarine Research Reserve (JBNERR), located within the municipalities of Salinas and
Guayama on the southeastern coast of Puerto Rico. These agreements pave the way for
community integration into planning and sustainable use and development of coastal areas. The
agreements form a solid foundation for community and civic society participation in the
conservation and management of protected areas. The much needed attention to coastal areas are
fostered through the collaborative agreements. They also promote sustainable public access to
the reserves and other protected areas. We anticipate that community and environmental civic
participation with regards to coastal management will result in greater community resilience in
the current era of climate change, ocean acidification and coastal degradation in general.
DNER should be commended for its work to declare the critical condition of portions of
the South Coast Aquifer. The Aquifer discharges into Jobos Bay and other coastal areas in
southern Puerto Rico. The deep Aquifer provides freshwater to the offshore barrier islands. We
have not been notified of the final declaration but if completed the declaration would be a huge
accomplishment for the PRCZMP.
DRNAs work on maritime zone delineation is to be commended. In Salinas, the Punta
Arenas coastal area has been designated as a maritime zone. The maritime zone delineation will
be helpful in attempts to preserve this valuable coastal resource which together with the nearby
coastal barrier islands protect against flooding, erosion and resource degradation. For decades,
Punta Arenas has been under the threat of destructive development projects which would
jeopardize unique ecosystems that form the western boundary of the Jobos Bay Reserve. The
recent proposal to rezone Punta Arenas as specially protected rural terrain in the pending Puerto
Rico Land Use Plan by the PRPB will be protective of human health and the environment if it is
finally approved. The proposed construction of a medical tourism project in the Punta Arenas
Sector of the municipality of Salinas, still looms although the Puerto Rico Court of Appeals
remanded a Siting Location (Consulta de Ubicacion) approved by the Puerto Rico Planning
Board in 2012. The project includes the formation of 87 lots with a minimum size of 600 meters.
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The proponent, Mr. Blas Buono Correa, through his representative, engineer Jos. A. Ramos
Rivera allegedly plans to build condohotels and medical facilities at the site. See the Planning
Board Resolution in case number 2008-69-0317-JPU.
Although other permits are required before any action on the project is authorized,
photographs indicate that the owner had commenced using fill material and extensive removal of
vegetation that was left on site and obstructs the flow of water in the interconnected wetlands and
lagoons present in Punta Arenas. Other resources such as coastal thickets, salt flats, the aquifer
and mangroves are also present in Punta Arenas. The Flora and Fauna Study (FF) commissioned
by the proponent, a copy of which is in the above referenced file indicates that Punta Arenas
contains coastal forest including areas influenced by the flow of the tides. See FF, page 42. The
Study indicates that the topography of Punta Arenas is flat, with sandy and muddy soils affected
by the tides. FF, page5. The premises consist of 50 completely flat cuerdas( a land
measurement equivalent to little less than an acre), including flooded areas adjacent to Tiburones
Lagoon on the east, and the Caribbean Sea to the south and west. The Study also notes the
presence of great numbers of terrestrial fauna. See FF, page 6. According to the Study, Punta
Arenas contains a system of lagoons interconnected by canals. The soils subject to the flow of
the tides (Ts and Tf) are to the east and interior of the property. The area, according to the Study,
presents a transition of ecosystems from mangrove forest to dry forest. The anthropogenic impact
in this area has not been permanent, but rather was limited to the planting of coconut palms.
When the winds blow towards the coast, water flows enter channels and low lying areas forming
small streams that feed the waterlogged ground. In the seas momentum, currents drag marine
organisms such as jellyfish (Aurelia aurita), juvenile fish and crustaceans on land. This input of
sea water, creates changes in flooding and salinity, and attracts a variety of shorebirds that use
the area to feed and reproduce according to the FF Study. The trees present in Punta Arenas
include mavi and button mangroves, which are behind red mangroves in sandy soils. See FF,
pages 23-8. With respect to the marine area, red, black and white mangroves inhabit the intertidal
coastal area. On the southwest border of Punta Arenas, the energy of the waves is reduced and
the coast becomes shallower. Meadows of Thalassia testudinum create a compact cover
throughout the area. There is abundance of invertebrates taking refuge in the area, colonizing
available substrates. The place serves as a nursery for a variety of small fish, which feed in the
meadows of seagrass and seek safety by hiding among the roots of mangrove trees. See FF,
pages 29-31. The Study indicates that the presence of seagrass suggest that sea turtles and
manatees visit the area to feed. It concludes that Punta Arenas has been proposed as a critical
area for wildlife due to the lagoon system, among others. See FF, pages 42-3.
Punta Arenas forms the western boundary of Jobos Bay in proximity to JBNERR and was
designated as segment PR-45 in the Coastal Barrier Inventory and Coastal Barrier Unit PR-46 in
1989. It had previously been declared a Critical Coastal Wildlife Area in 1988. Historically,
Punta Arenas has been zoned as 1M due to the fact that it is subject to coastal flooding. FEMA
maps designated the area as V-10 corresponding to a velocity zone with coastal flooding. As
noted by the Fish and Wildlife Service in a letter dated February 12, 2004, The area has great
eco tourist potential for passive recreation, birding, fishing, environmental education, etc. There
is an Essential Fish Habitat in the area.
Previous construction projects in Punta Arenas had been denied. Please refer to Planning
Board project number 2000-69-0997-JGU.
Several agencies have repeatedly raised serious objections to the project. In particular, the
Puerto Rico Tourism Company, on multiple occasions denied its endorsement to the proposed
construction in Punta Arenas, in letters dated July 1, 2011, May 20, 2010, March 4, 2010 and
October 15, 2009. The last communication dated August 26, 2011, indicates that the Tourism
Company is concerned about the project location in a flood prone area and a conservation
priority for the DNER.
In 1998 the United States Army Corp of Engineers (COE) intervened with the same
proponent for the illegal filling of wetlands and mangroves in Punta Arenas. In case number
199805469 (CD-JR), the COE issued a cease and desist order against Blas Buono Correa. In a
letter dated December 18, 1998, the USFWS documented that even after verbal warnings, the
current owner continued the illicit activities. The controversial project does not comply with the
mitigation policies set forth in permit regulations at 33 Code of Federal Regulations (CFR) 320.4
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(r) which require review of alternative sites and site plans to determine whether the impact to the
aquatic resources can be avoided or minimized. The proposed construction also fails to comply
with section 404 (b) (1) of the Clean Water Act and Guidelines (40 CFR Part 230) which require
avoiding and minimizing direct, indirect, secondary and cumulative impacts. Pursuant to the
Memorandum of Agreement with EPA, the project would also be required to comply with the
compensatory mitigation requirements. A compensatory mitigation plan would require restoring
or enhancing wetlands. A biological assessment under Section 7 of the Endangered Species Act
is required in this case. The controversial project also contravenes Section 305 (b) (4) (B) of the
Magnuson-Stevens Fishery Conservation and Management Act and implementing regulations at
50 CFR600.920 (k). An environmental impact statement that adequately analyzes the significant
environmental impacts of the project would be required prior to approval of any Federal permit.
The Coastal Barrier Resources Act of 1982, 16 USC sec. 3501 et seq. is intended to
reduce the loss of life, the damage to natural resources and unnecessary expenditure of federal
funds. The Act removed Federal aid to new developments in the areas identified as "hazardous
coastal areas". In other words, these areas do not qualify for flood insurance. See, 42 USC sec.
5172; 44 CFR, subchapter B, part 71, Implementation of Coastal Barrier Legislation. In addition,
the project violates the Federal Executive Order 11988 which requires avoidance of adverse
impacts associated with the occupation or modification of developments in flood plains. 3 Code
of Federal Regulations, 1977 Comp. p 117, 42 Federal Register 26971. The Executive Order
requires that each federal agency must reduce the risk of losses from floods. Id, section 1. See
also, Puerto Rico Regulations on Special Flood Risk Areas (No. 13), Seventh Revision dated
January 7, 2010.
The Memorandum submitted by the project proponent recognizes that to obtain the
variation in the size of the parcels from 25 cuerdas to 600 meters he must show that the
variation will not affect the health, safety or welfare of future occupants. The proponent states
that all construction will have to be very high to allow for the flow of flood waters since the base
level flood, according to the proponent himself is 3.4 meters above sea level. The siting of
medical facilities proposed in an area of high flood risk as Punta Arenas is not conceivable. Even
if flood insurance were available, the health, safety and welfare of the future occupants would be
compromised. The proponent admits that due to high flood water levels in Punta Arenas, a
tourist development at ground level is impossible and proposes to raise the structures on columns
to 12'-0 or 3.65 meters above sea level. The high flood risk of Punta Arenas is incompatible with
the proposed medical tourism project which involves building parking spaces for almost 300 cars
and only one access road. The proponent alleges that the sector is developed and the proposed
subdivision harmonizes with existing communities. The letters from the Aqueducts and Sewer
Authority (PRASA or AAA) in the Planning Board file, deny this assertion and indicate that the
closest drinking water and sewer facilities are located one (1) mile away from where the street of
the Playita community ends.
Independent studies have pointed out that Salinas coastal communities depend on coastal
and estuarine resources, especially those found in areas of coastal forest and mangrove such as
Punta Arenas (see Garcia-Quijano 2006; Griffith, Valdes-Pizzini and Garcia-Quijano 2007;
Govender 2008; Garcia-Quijano et al. 2012). In the most recent of these studies, funded by the
Sea Grant Program at the University of Puerto Rico and the National Oceanic and Atmospheric
Administration (Garca-Quijano et al. 2012), a team of researchers studied the relationship
between the use and access to coastal resources and well-being and quality of life of the
communities on the southeast coast of Puerto Rico. This scientific study that spanned several
years found that Punta Arenas is an important estuarine fishing zone including clams and oysters,
harvest of coconuts, and other resources, like rosewood mavi. Many local residents use (and
have for generations used) these resources as an important part of their economic activities and
livelihoods. Residents of Playa, Playita, Las Mareas, Coqui, and Aguirre routinely visit Punta
Arenas, as well as other nearby estuary, wetland and mangrove coastal areas to harvest these
resources. In interviews with fishers and harvesters of resources in Salinas, as well as nearby
areas, interviewees often mentioned Punta Arenas as one of the most important areas for fishing
and harvesting of these coastal resources. Residents of Playita and Playa communities in
particular, use the resources and consider Punta Arenas a productive zone that is very important
for the community. (Garca-Quijano et al. 2012), The proposed construction in Punta Arenas
and related impacts to the important fishing and harvesting area raises issues of environmental
justice pursuant to Executive Order 12,898.
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The Punta Arenas case illustrates and as noted in the Report on the previous evaluation of
the PRCZMP from March 2001 through May 2005, that historically, permitting and enforcement
in Puerto Rico have been deficient. Prior Necessary Actions have primarily focused on the need
to improve the programs permitting, enforcement and federal consistency processes. Limited
government resources make these tasks especially difficult. Often, the most effective government
policy to achieve conservation is to promote community organization and capacity building to
enable direct implementation of sustainable development projects.
Examples of resource management that provide benefits to adjacent or resourcedependent communities include the Grandoca-Manzanillo National Wildlife Refuge in Costa
Rica that connects with the San Pondsak National Wildlife Refuge in Panama, a total of 10,000
hectares are co-managed by local communities, non-governmental organizations and government
agencies. The more than 300 farmers who live in the refuge buffer zone form part of the
Smallholder Association of Talamanca (APPTA), the largest organic agricultural producer and
exporter in Central America.1 The Carmelita Forestry Cooperative in the Maya Biosphere
Reserve has invested more than one third of its earnings in community development, improved
technology and sustainable management methods. The result is that the Cooperative has reduced
deforestation twelve times more than the core protected area of the Reserve and twenty times
lower than protected area where wood and non-timber harvesting is formally prohibited.2 t
Ecotourism activities can generate income for local people while conserving natural areas. 3 In
the Maya Biosphere Reserve, in areas that were managed by the local community, success in
slowing deforestation is attributed to the fact that the communities have vested economic
interests in sustainable development.4
Concession agreements many times are more effective in conserving resources than
command and control prohibitions, as has been the case in Guatemalas Laguna del Tigre
National Park, where the concession areas have preserved ten times more forest than the
protected areas.5 The primary reason for the higher rate of conservation in the concession areas is
that forest preservation is aligned with economic benefits to the communities, whose members
pay for local guards and provide community vigilance.6 The Fiji Locally Managed Marine Area
Network (LMMA) combines the use of the tabu system in conjunction with input from fisheries
specialists to allow fisheries and mangrove forests to regenerate.7 Dry land restoration through
water harvesting using traditional johad mud barriers to collect water for groundwater recharge
in Rajasthan, India is another example of local technology. 8 Policies that promote indigenous
technology that is adapted or modified as needed often results in greater adherence by local
communities.9
Devolution of access to resource rights in India and Nepal has led to more sustainable
development practices. Namibian conservancies that include benefit sharing mechanisms with
the local population are another example.10 In Namibia, the Nature Conservation Act transferred
wildlife management and ownership of game and tourism to communities. The result has been

P. Galizzi, Ed., A. Herklotz, A. Ed., The Role of the Environment In Poverty Alleviation
(TREPA), Fordham University Press, S. Scherr, at 75.
2
T. Whelan, at 104.
3
Id. at 118.
4
Id.at 2.
5
T. Whelan, at 106.
6
Id.
7
Id.
8
S. Scherr, at 76.
9
T. Whelan, at 110.
10
Id. at 43-4.
4

wildlife resurgence and increased income for communities.11 In Niger, communities have
increased their revenues through proceeds from the sale of branches, pods, fruits and bark,
replacing illegal logging and planting seven million acres with trees.12
A new model of integrated conservation proposes incorporating
biodiversity
13
conservation along with food security and rural development.
Forest dependent and rural
communities play a key role in forest conservation. Bio-sequestration can provide incentives for
community conservation projects that contribute to livelihoods and make local communities
guardians or monitors of carbon sinks.
Experience has shown that successful conservation and sustainable development projects
should be community-based. Payments for ecosystem services (PES) constitute a rationale for
financing bio-sequestration. A potentially successful PES scheme could be centered on the
Caribbean mangrove forests and coral reefs through the sustainable harvesting of coral fish for
food and the aquarium trade with potential generation of millions of dollars per year, coral-based
tourism worth over $2 billion per year and shoreline protection from reefs valued at up to $2.2
billion per year.14
Local community participation is indispensable to the success of conservation and biosequestration projects. Job creation and contributions to livelihoods of communities have been
shown to be crucial to maintenance of conservation areas. Currently, institutions such as the
World Bank are now taking into consideration the role of local communities, presumably in
realization of the fact that project success depends on the extent to which vital stakeholders are
involved and benefit.
A suggestion in the previous Evaluation Repot that the program incorporate a task for a
small-scale restoration project that involves local community members would be one way to
further integrate local communities and the PRCZMP. Integration opportunities abound, the
PRCZMP, the Reserve and NOAA might include members of the communities in research
projects related to the Reserve. The Reserve can refer researchers and academics to community
groups for provision of meals, transportation and other services. A list of research topics on
which community members can facilitate work include impacts from the Salinas Municipal
Landfill, particularly to the Aquifer and Jobos Bay; impacts from the Aguirre Power Complex
seawater intake structure and outfall pipe thermal discharges; research related to the operation of
the Applied Energy Systems coal power plant and its impacts on the Reserve, particularly the use
of coal ash as fill material at construction sites over the South Coast Aquifer; research to
determine the source of the detected pesticide spike in water samples from the Jobos Bay SWMP
Station; investigation on the source of sediments or other causes of water quality degradation that
impact coral reefs and sources of the higher concentration of metals in the sub-watersheds and
remediation plans. A new research area might be the carbon storage capacity of the areas within
Reserve and PRCZMP jurisdiction. Wetland areas are generally able to sequester carbon at
higher rates than other land-based systems. Research could be conducted on the current Reserve
baseline and the potential for additional carbon storage. Wetlands such as those in Jobos Bay
NERR can be a tool in combating climate change. Biomass baselines should be determined for
the Reserve. Performance goals for additional carbon storage can be established in collaboration
with community NGOs which can provide surveillance and maintenance to ensure permanence
and protection against carbon leakage. Perpetual conservation easements, land trusts or payment
for ecosystem services can be used to create buffer zones for the Reserve. Promotion of the
restoration and development of fish hatcheries according to traditional custom as described by
11

H. Tallis, G.C. Daily, J, Grant, P. Kareiva, T. Ricketts, Including Natural Capital in

Environmental Decision Making, at 293.
12
N. Singh, at 341.
13
Id. at 64.
14
Id. at 16, citing UNEP News Centre, 2005.
5

residents of Las Mareas communities in Salinas (Don Celedonio, Los Placeres). This practice
would involve selective trimming of mangrove roots, creating canals with access to the Bay. This
allows small fish access to the Bay during low tide avoiding fish kills due to high heat and low
oxygen levels of trapped water in congested mangrove canals. Host communities can be involved
in managing these mangrove canals.
Another suggestion in the previous Evaluation Repot is the development of Internet tools
and materials that would improve the transparency of the commonwealths coastal permitting
processes. The need for these internet tools and transparency are illustrated in the Aguirre
Offshore GasPort (AOGP or the Project) case. On March 10, 2015, the PRPB held a hearing on
Location Consultation Number 2014-69-0050 for the Project known as the Aguirre Offshore
GasPort. The hearing officer granted 15 days to the public in which to submit written comments.
During the PRPB hearing, Dialogo requested copies of the statements submitted on that day by
various agency representatives particularly in light of the fact that access to information is one of
the basic principles of environmental justice and the hearing officer acknowledged that the PRPB
website was experiencing difficulties. To date, the requested information has not been provided
by PRPB. The production of documents in the file is necessary in order to provide the public
with a meaningful opportunity to participate in the processes concerning the largest pending
infrastructure project in Puerto Rico. PRCZMPs use of its GIS capability to support decisionmaking and rapid and reliable access to pertinent natural and cultural resources as well as socioeconomic information would be of prime importance in the AOGP case. Moreover, DNER
should have a formal role in the permit review process beyond providing PB and PMO with
comments on permit applications, and issuing maritime zone concessions. The new Puerto Rico
permitting law promotes fast track construction. The Reserve and DNER have little or no input
in the siting approval process. The two municipalities where the Reserve is located have the
largest number of construction projects in Puerto Rico, frequently using coal ash as a component
of construction.
With respect to the AOGP Project, access to information for the PRPB administrative
proceedings is critical because a study submitted by the proponent on proposed pipeline burial in
coral reef areas found that, The potential risks identified for the proposed HDD (Horizontal
Directional Drilling) are: (i) gravel contents in excess of 40 percent that cause borehole
instability and the inability to maintain an opened hole while jetting the pilot hole, reaming the
hole or while installing the carrier pipe; (ii) potential for hydraulic fracture and inadvertent
drilling fluid returns within the estuary and coral reef; and (iii) logistical concerns associated
with working in an offshore environment in water in excess of 50 feet and in an area prone to
rough seas and weather. Laney Horizontal Directional Drill Preliminary Feasibility Study, Page
1. The Laney Study determined that; Regardless of the potential for hydraulic fracture and
inadvertent drilling fluid returns during HDD operations, a significant volume of drilling fluid
will be expelled to the seafloor as a result of HDD operations. The proposed Jobos Bay HDD
would require entry and exit locations in water and the majority of drilling fluid pumped
downhole will likely remain on the sea floor. Typically a large dredge pit would be constructed
on the exit side to contain drilling fluid returns within a limited area; however, we are unaware of
any effective method of recovering drilling fluid returns from the seafloor or dredge pits. We
anticipate that the estimated volume of drilling fluid that would likely be expelled to the dredge
pit at exit or on the seafloor during HDD operations would be on the order of 2 million gallons.
Laney Horizontal Directional Drill Preliminary Feasibility Study, Page 2. The Laney Study
emphasizes that when, as in this case, the entry and exit sides of the crossing are located in
water, they anticipate that the estimated volume of drilling fluid that would likely be expelled to
a dredge pit at exit or on the seafloor would be on the order of 2 million gallons of drilling fluid
between entry and exit. Containing and collecting of the drilling fluid on the exit side of the
crossing in 70 feet of water would be difficult if not impossible due to sea state, tide, and flow
paths of water in the area and any attempts to recover drilling fluid from the sea floor would
likely create more disturbance to the site than if left undisturbed. At the entry side in
approximately 17 feet of water, containing and collecting of the drilling fluid may be considered
possible with fair to limited results likely. Containing and collecting drilling fluid will likely
increase the turbidity of the water and also create unintended consequences of potentially
collecting sea life while attempting to collect the drilling fluid at the seafloor. Currently, there is
6

no industry for containing and collecting drilling fluid returns offshore.Laney Horizontal
Directional Drill Preliminary Feasibility Study, Page 7. Other applicable risks noted in the
Laney Study are that; The hole-opening process may require a significant time to enlarge the
hole to the required diameter. The probability of failure increases with time required to complete
the hole opening process. Laney Horizontal Directional Drill Preliminary Feasibility Study, Page
3 and; The proposed Jobos Bay HDD exit point is located in the Caribbean Sea offshore in
approximately 70 feet of water. Based on Laneys knowledge and experience, HDDs completed
in water have generally been completed in water depths of 50-foot or less due to substantially
increased risks of failure in water 50 feet or deeper. Laney Horizontal Directional Drill
Preliminary Feasibility Study, Pages 5-6.The Laney Study submitted by Petitioner AOGP, LLC
concludes that the impacts of HDD would be devastating to the ecosystem in the area of Boca de
Infierno. Even if the final geotechnical study determines that the area under Boca del Infierno
pass is suitable for drilling, the risks of drilling fluid contamination of the marine ecosystem
which is part of the Jobos Bay Reserve would persist. Additionally, as noted in the Laney Study,
the dangers of working in approximately 70 feet of water increases risk of failure with adverse
implications for the marine Reserve. AOGP, LLC has recently indicated that it proposes to
proceed with HDD for pipeline placement based on the final geotechnical study which is not yet
publicly available.