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Washington, D.C. 20235 . cane nee ean at TR gee = ( }: Oraft “Environmental Impact: Statement (X) Finak, Environmental: Impact Statement Department of Commerce, National Oceanic and Atmospheric Administration; -Office of Coastal Zone Management. For additional information about this proposed action or this statement, please contact: Office of Coastal Zone Management National Oceanic and Atmospheric Administration Attn: Ann H. Serger or James F. Murtey, Gui f/Is lands Region 3300 Whitehaven Street, N.W. Yashinaton, 0.C. 20235 Phone: 202/254-7546 Proposed Federal approval of the Virgin Islands. Coastal Management Program. {X) Administrative ; { } Legislative it is proposed that the Secretary of Conmarce approve the Coastal Management Program application of the Yirgin Islands pursuant to P.L. 92-583. Approval would permit imple- mentation of the ‘proposed program, allowing program administration grants to be awarded to the State, and-require that Federal actions :be.consistent with the program. Approval and implementation of the program will restrict or prohibit certain land and water uses in parts of the Virgin Islands coast, while promoting and encouraging development and use activities in other parts. This may affect property values, property tax revenues, and resource extraction of exploration. The program will provide an improved decision-making process for datermining coastal land and water uses and siting of facilities of national intarest and will lead to increased long-term protection af and benefit from the State's coastal resources. * Altarnatives considered: . A. Federal - The Secretary of Commarce could delay or dany aporoval under the following condition: ~ }. If Federal agancy views were not adequately considered or the program does not maet the requirements af the Coastal Zane Management Act. 8. Stata 2. The State could withdraw the approval applicati on and continue program deve lopment or attemt to use other sources of funding to meet the abjectives of the State's : management program. . 3. The State could amend the coastal management program. — , List of all Federal, State, and local agencies and other parties from which comments have heen requested: | Advisory Council? of Historic Praservation 1 Councii on Environmental Quality - . National Interest Groups’ Environmental Groups American American Littoral Society Shore and Beach Protection Association Canter for Law and Social Policy Environmental Cafense Fund, Inc. Environmental Policy Center Friends of the Earth Izaak Walton League Nati onal Audubon Soctety Natural Resources Cefense Council? National Wildlife Federation Nature Conservancy Sierra Club The Consarvation Foundation The Witdlifa Management Institute . Wilderness Society Professional American American American Ararican National Fisheries Society Institute of Architects Instituta of Planners Saciaty of Planning Officials Parks and Conservation Association Public Interest ; Council of Stata Planning Agencies Coastal States Oreanization Laague of Woman Voters of the United States National National National ‘Nattonal National Association of Counties Association of Regional Councils Canference af Stata Legislatures ‘ Governors’ Conference League of Cities Uni tad States Conference of Mayors Private Sector American American Ararican American American American Association of Port Authorities Farm Bureau Federation Mining Congress Petroleum Institute Right of Way Association Waterways Operators Atomic Industrial Forum Boating Industry Assoctation Chamber of Commerce of the United States Chevron O71 Company ' Edison Electric Institute EXXON - ‘ational National National ‘National National National - National National National National National National National Nattonal National - Nationa} National. National - National Association of Conservation Districts Association of Electric Companies Association of Engine and Boat Manufacturers: Association of Home Builders Assaciation of Realtors Asscetation of State Boating Law Administration Boating Federation Canmners Association Coalition for Marine Conservation, Inc. Environmental Development Association Farmers’ Union Federation of Fishermen Fisheries Institute Fisheries Institute Forests Products Oeean Industries Association Recreation and Park Association Security Industrial Associ ati on acterways Conference - eee eee ene em ee ee Department of Agriculture - Agriculture Research Service Forest Service Soii Conservation Servica * Department. of Conmerce Department of Defense . Air Force = Army Corps of Engineers Navy” Department. of Health, Education, and Neifare Public Health Service Department of Housing and Urban Development *Sanartment af the Interior 3ureau of Land Management (public lands) Bureau of itines . Sureau of Outdoor Recreation Bureau of Reclamation Fish and YWildlifa Service Seolagical Survey <eaper of the National Historic Register National Park Servica ’ Offica of O71 and Gas Dapartrent of Justices Canartment of State Yepartment of Transportation - * Coast Guard Faderal Aviation Administration Fedaral Railroad Administration Transport and Pipeline Satety Desartrant of Treasury Assistant Secretary for Administration Energy Research and Development Administration Enyirenmantal Protection Agency Feceral Eneray Administration — : Fadaral Power Commission . . General Sarvices Administration *Sarine danmal. Commissicn - MHational Aeronautics and Space Administration Nuclear Regulatory Commisston Us3. Watar Resources Counci] @ . "+ Agricultural Stabilization and Conservation Service. _ StatafLocai Government of the Yirgin-Islands A-95 Clearinghouse P.O. Box 5138 TT St. Thomas, ¥.I. 00807 - Dr. Robert DIT], Director West Indies Laboratory Farleigh Dickinson University 3ox 4010 a C'sted, St. Croix, YI. c0820 Island Rasources Foundation . on P.Q. Sox 4787 . - St. Thomas, V.I. 90807 | : Y¥.I. Canservation Society . c/o David Grigg, President Island Resources Foundation P.O. Bax 4187 St. Thomas, ¥.[. G0801 Caribbean Research Institute _¢e/o College of the Virgin Islands -~ §t. Thomas, Y.f. 00807 © _. St. Croix Board of Realtors wae Ch sted, Ve. -00820- eee eo ppp eee Mobil O11 ‘Corporation me Saltwater Sportsmen : Society of Real Estate Appraisers . ; ™ Sport Fishing Institute United Brotherhood of Carpenters and Joiners of America Wastarn O71] and Gas Association World Oredging Association Indi vi iduals Upon request, copies have been and will be sent to a1] individuals and other interested parties * J, K. Thomas = William S. 3gealler - * Bruce G. Potter * Qanotes comments racaived on the Draft Environmental Impact Statement Ba The Oraft Environmental Impact Statement mada available to the Counci] on Environmental, Quality and the public on August 5, 1977. The Final Environmental Impact Statement made available to the Council] on Environmental Quality on September 13, 1977. The final £IS was prepared based on oral/written commants recaived at the oublic nearings nald on- August 30 and 21, 1977, and comments submitted in response to a request for comments. A total of ntgrested parties submitted written comments and were distributed as follows: Federal Agancias. ...cscccncseeseee 5 State Aganctes......ccssacceseoeee N/a Local Governments ......0ssceseees29 Other Parties... .ccsccsace eseneaes 4 - Attachment 1 is the propesed Virgin Islands Coastal Zone Management Act of 1977. When tha legislation is passed the Offica of Coastal Zone Management will forward a copy of the Act to all recipients of the Final Environmental Impact Statement. Attachment 2 is the full text of the written comments received by OCZM. This attachment ‘has been forwarded to individuals and organizations who have made comments. Additionai copies of the written comments will be distributed by OCZM on request. iv: SUMMARY OF CUMMENTS: TO VIRGIN ISLANDS"DRAFT EIS Comment: Bruce G. Potter August 25, 1977 Program should not be approved because the pre- posed program does nat meat the requirements of the CZMA. Specifically, the proposed program is deficient in “a determination of land and water uses which pave a direct and significant impact on coastal waters and which will be managed.” By implication the proposed program will dea). with the elements of water use by means of the. Trustland Occupancy and -Alteration Act, the Open Shoreline Act, and the 071 Soil? Prevention Act. The adequacy of these mechanisms is not examined in the proposed program. Their combined authori- ties do not extend to the kind of general water use regulation required by the CZMA. Most water uses are transitory, and requira study and recqu- lation. There are two sources of peril to the coastal waters and shoreline. (1) -the pressures on watar us@ created by both the density of and population and increasing usa of water areas; and (2) the risk of of] spill contamination. William $. Beller August 23, 1977 _ ~ Fayorably imoressed with the proposed program. and. the DEIS. Feels the program snould consider the. probable effects of the proposed 40-mile pipeline from Fajardo, P.R. to St. Thomas. In view of the seriousness of eroston, natural slopes should be retained, and in some cases rebuilt. Enforcement of laws wil] be difficult, at bast. The Atterney General has been reluctant te prose~ cuta conservation and land-use cases. Enforcement is important, should be funded ade- quately, and should nave public accountability. 2 CZM Program should (1) idantify the projected us2 of Mangrove Lagoon; and (Z) state a consistent and aggressive plan for ensuring such use. A mathod for keeping small Sut cumulative impacts highly visible should be proposed. ~Rasponse: For purposes of program approval, the VICZMP meets the rules and regulations af the CZMA. Spe- cifically the orogram controls the water uses/ hazards described through the control of access <9 and use of the water by land usa reaulation, watar pollution control standards, and the impie- mantation of the 011 S571] Prevention Act. The proposed pipeline will te jaid to St. Croix not St. Thomas. The atfects of this new watar supply can be addressed chreugh refinements in the program if the praposal becomes a reality. The planning element woich will address the earo- sion prabiem fs nat completed yet, but wil! ba completed before October 1, 1978 as prescribed by law. . . Enforcement of the VICZMA will be carried out by a Sureaau of Enforcement which will be created administratively within tne Division of Coastal Zone Management (in OCCA). Furthermore, OCZM must monitor the implementation and enforcement of the program's policies, and will terminate funding if anfercement is inadequate. Use of mangrove areas in general is dealt with in Chapter Five, Table 5. 2, Priority of Use Matrix, which indicates a high priority for presarvation. The coastal jand and water use pian as set forth in Chapter Five of the program and Section $05 of the VICZMA designates much of the Mangrove Lagoon in particular for preservation. Chapter Seven, Areas of Particular Concern, this reiter- ates this position on use. OCZM feels that this approach constitutas a consistent plan for ensur- tng such use. The management program constructs a framework for anforcament, the working prece- dures of which will be detafled in the forthcoming rules and reguiations, ect ne nena enema me em ee mee ee ee em me ee @. Comment: David H. Wallace Associate Administrator for Marine Resources NOAA Pages 34-35 (West Indian Company, Ltd) The statement should add that, not withstanding the 1972 memorandum, dredging and filling in Long Bay and elsewhere in the [slands, will require permits. . Page 50(6). The NMFS also has responsibilities for. review and comment under the Fish and Wildlife Coordination Act. Page 50(8)}. The Federal government, through the NMFS will regulate fishing within 3-200 nautical miles of the territory. Page 51(10). The NMFS also joins FWS in working through the Acts and executive orders so described in the second sentences of this paragracgh. Page 51(11). Add the Marine Mammal Protection Act of 1972 to the list of Federal Statutas applicable in the territory. Page 85(11}. Current efforts by NMFS and the government of the Y.I. to dasignate Sandy Point on St. Croix as critical habitat for leather- back sea turtles could be listed as an example of emerging anvironmental policies. Page 79 {Table 5.1). Suggest that the table reflact either direct and significant impacts, or issues, but not both. Included on this page under "water circulation” are the foilowing: Land Based Uses heayy industry (it can sump huge quantities of water) reads (fills, pridges, culverts, atc. can influence circulation) : Water Based Uses heavy industry (can impact sedemantation and water quality) . mining (can impact water pollution and water _ Circulation) — _ an ‘Canstruction Activities Pilling (can impact water quality, water cireul littoral erosion and accretion) ’ ' setons shore stabilization (can impact water quality, wate circulation, littoral erosion and accretion)” . excavation (can. impact water quality) site clearing (can impact water quality, litt erosion and accretion} 4 ¥, littoral blow out {can impact water quality] — Response Permits wil] be required for this activity. This statement is correct and NMFS comments will be considered also by DCCA: The correction has been noted and will not conflict with the .VICZMP. See above comments. This statute does apply to the territory, but was not included in the list of example statutes because the VICZMP will not affect its. jurisdiction. No response necessary. . The purpose af the matrix is to demonstrate which uses and activities will have a direct and significant impacts on certain characteris- ties of coastal matters. Al] uses occurring in the first tier are subject to the manage- ment program. te . 2 (David Wallace continued). - ~ Comment: Page 81, Table 5.2. This table more clearly . describes reasonable usa priorities than earifer aditions. Qua to the values of grass beds/algal plains, coral reefs/algal ridges, and offshore islands and cays to recreational.and traditional light reassigned first or second priorities rather than third priorities or none at ail. Dege 85, Marine Meadows (Grass Beds}. In addition te including re-establishment of bottom conditions favorable to natural regeneration we racommend that project desions include provisions for replanting seagrasses if necessary to assure habitat repalcament. ~ APPENDIX. E Coastal Environments Pages E-4 to E-5 Importance of sandy beaches for andangered species should ba highlighted. Recant investigations in St. Croix *June 1977}. showed that virtually all Sandy beaches are: suitable to nesting sea turties. Hawkbil1s may also clamber over rocky areas to nest on fringing sandy areas such as on Davis Beach. Leatherfacks were particularly concentre- tad at Sandy Point on the western end of the Island. Other beaches on St. Croix with turtle nesting include Jacks Say, Suck Island, Davis Beach, Canegarden Bay, Green Cay and along the north shore. In the draft's numerous discussions af the value of beaches, their importance as nesting areas for these rare, threathened, or endangered species should be included. Similarty, inclusion of management and planning safeguards | to. discourage human interference with turtles should be one of the primary goals in the sections on beach inventories, beach evaluations, and recommended critical areas. NMFS recently initiated action to declare 9.3 miles of Sandy Point Beach as amargency critical habitat to protect the endangered leatherback, NMFS has taken this action because this Seach hosts tae most known leatherback nesting in the western Atlantic and Caribbean north of the Guianas in South America. Although this beach is designated aS an area of particular concar, because of its extreme importance to sea turtles we recommend that it be placed in a preservation catagory, at Teast alang the portions of the beach known to provide valuable nesting habitat, GLOSSARY Unnumbered page Endangered Specied--NMFS/NOAA responsibilities under Endangered Species Act should be identi- fied along with those of U. S. Fish and Wildlife Service. vii Response These redesignations were made jn the Draft ers. . This will be considered. by OCCA in reviewing project appitcations. The proposed land and water usa conservation category should be adequate to insure protectic: af these areas when coupled with the oregram policies relating to endandered species. The expanded enforcement efforts should insure human interference with endangered species will Se discouraged and nesting activities safe- guarded. . This addition has been made. " Comment. vem Response John R.. Twiss, dr. . Executive Director Marine Mammal Commission a The waters of the Virgin Islands between mean high Appropriate changes have been made in the FEIS. tide and the three mile tarritorial limit, designated as "Open Water" in the Program includes habitat for the humpback whale (Megaptera novae- anglia), thé Atlantic bottlenose dolphin (Tursiops truncatus), the spinner doiphin (Steneila longirestris), the spotted dolphin (Stenella frontalis), the minke whale (Balaenoptera : acutorestrata}, the sperm whale (Physetter catadon), the short finned pilot whale (Globicaphala ~ macrorhynchus), Cuvier’s beaked whale (Ziphius cavirestris), and prabably the common dolphic (Deiphinus delphis).’ The endangered humpback whale is identified on Page 21 of the document as a species dependent upon the coastal zone, but the document contains no other mention or discussion of the impacts of the proposed Program upon the humpback whales or other specias of marine mammals. . Development guidalines are not pravided for the ' QCZM fesis that the Program paticies in the Qpen Water habitat of the species on Pages 82-a6 legisiation, in particular those related to of the document, although Open Water is designated § endangered species, provide a basis for manage- in Table 5.2 (Page 31) to be used for heavy in- ment. of the Cpen Water environments indicated dustry, utilities, solid waste disposal, recrea- by the next comment. tion, mining, port facilities, national defense, and fishing. The broad goals and policies expressed in Section 902{b}) (1}, 905{a) (2) (A), and elsewhere in the See next response. proposed Virgin Islands Coastai Zone Management Act of 1977 are basically cansistent with the goals and policies of the Marine Mammal Protection Act in the sense that they would aliow for marine mammal pratection and conservation consistent with the Act. The legislation has not yet been passed by the Virgin Islands legislature and the status of the legislation and, consequently, the Program should be discussed in the document. It is not clear how the bread language of the legislation will be impiemented in specific, predictable .: actions as part of the Program that may affect the protection and conservation of marine mamnmais. This involves the basic issue of whether it is . possible to assess the environmental impact of a tae: proposed action in the absenca of either specific : policies and criteria or detailed information about proposed acticns.. Table II of Appendix 8, Page 8-13, identifies This permit has been deleted from the list of permits for taking or importing marine mammals permits subject to certification for con- under the Marine Mammal Protection Act as among sistency. the licenses and permits to be subject ta the Federal consistency provisions. The taxt on Page B-9 indicates that applicants for such licneses or permits will be required to obtain a cearti- fication of compliance with the Program. How is the impact of this requiremant to be evaluated? Under what circumstances and based upon what criteria will the Division of Coastal Zone Management object to an applicant's certification statement? The lanquage on Page 8-8 states that the finai The consistency requirements are adequately Virgin Isiands. consistency provisions will be described in the Federal CZMA. The VICZHP issued pursuant to the final rules and regulations has been developed in view of the propased ae —. we ee WET pe ee. (John Twiss continued): Comnent issues by the Office of Coastal Zone Management. Such rules and regulations were published in the Federal Register, in proposed form, for comment on 29 August 1977 and will not be finalized until after 28 October, the last day comments may be submitted. Under these cireumstnaces, we are uncertain as to now we are to evaluate the Pregram and its jimpacts upon marine mammals. -In light of the uncertainties concerning the Federal consistency provision of Section 307(b) of the Coastal Zone Management Act and the effect that approval of the Program would have upon the _conduct of ongoing activities and decisions under the Marine Mammal Protection Act, we feel that additional information must be provided for con- sideration. . Any approval of the Program in the absance of such information and a resolution of question about the relationship between the provisions of Federal and those of the Program should not be deemed to have any effect upon thatrrealtionship or to. any way Constitute a determination that the provisions of the Marine Mammal Protaction Act do not apply with full force and effect to marine mammals with- in the coastal] zone of the Virgin Islands. Drake Wilson Sricgadier General Deputy Director of Civil Norks Qffice of the Chief of Engineers Coros of Engineers apartment of the Arny The description of the jurisdiction of the Corps Section 404 regulatory program én Pages 49 and 50 is too restricted and does not accurately re~ fiect the Corps Requiations, as set forth in 33 CFR 323.2. Also, Section 404 prohibits the discharge of dredged or #411 material into all navigable waters, their tributaries, whether navigable or not, and the adjacent wetlands unless the activity is authorized by a permit issued by the U. S. Army Corps of Engineers. The requirement for such a permit also axtends to coastal and freshwater wetlands and natural Takes greater chan five acres. The C2ZM -Pregram cites the isiands in their entirety as the coastal zone. [It then designates first and second tiers. The two tiers are subjected to different permitting processes and: requirements. The Corps questions whether this. is fn compliance with 15 CFR 923.11 which states “the policies, objectives and controls called for in the management program must be capable of being apptied consistently within the area." The Corps repeated the same complaint that they — referred to in coordination and review, above, Qn Page ix of the program, national interest in the siting of facilities is listed as not complete. There is question as to whether a program may be given approval if one of the specific requirements of the CZMA jis not com- ~ plete, ool. . jaw affecting marine mammals Response regulations and will be revised if there are changes in the final consistency requiations. See above comment. The description of the Corp permits and requ- lations are not intended to be detailed and comprehensive. The section meraly serves as a summary guide, Any discussion of fresh- water wetlands and natural lakes is irrelevant in the Virgin Islands context. Page ix -= As of tha DEIS that element is not complete. The process of integrating DEIS comments inta the Final EIS constitutes com- pietion of that element. ~— i (Drake. Nilson’ continued) Comment , The EIS indicatas that this requirement is not complete. The Corps requests that their field office fe allowed to participate in this activity and that the resulting decument be submitted for review. — Page 38. The Corps references a document they have completed entitled "National Shoreline Study." Page 32, paragraph 2, lines 5 and 6, delete “approval is sending” and add “issued a permit 4 October 1976 for offshore terminal." Page 34, paragraph 1, lines 6 and 7. Delete "Project approval--is pending,” as the application has not been received. Pages 34 and 35, paragraph 7: The proposal of the West Indian Company, Ltd., for filling of 29 acres requires a Department of the Army permit under Section 10 of the Rivers and-.Harbors Act of 1899 and Section 404 of the Federal Water Pollution Control Act Amendments of 1972. The permit application is pending and an EIS is in preparation. Page 49, add after paragraph 2: “(3) Section 103 of the Marine Protection Research and Sanctuaries Act of 1972 (86 Stat. 1082, 23 U. S. €. & 1413) authorized the Secretary of che Army ta issue permits for the transportation of dredged material for the purpose of dumping into ocean waters." Page 118, paragraph 6(5), lina 7: Oelete “approval is pending” and add “issued a permit for- offshore terminal 4 October 1976." Page 115, paragraph 6(c}: The extensive alteration of the former Krause Lagoon area by the unauthorized dredging and Filling of Martin Marietta may result in either voluntary restoration or jegal action by the U. S. Army Corps of Engineers to compel restoration. The Corps of Engineers has issued a cease and desist order to halt further filling ef the Lagoon. Page 37. The Corps fesis thera is a sometimes critical watar supply prebiem on St. Thomas. Congress has authorized a water supply study for the Yirgin Islands which will consider a water pipeline from Puerto Rico to St. Thomas. I[t seems that a significant dapendable increase in water supply, especially if subsidized, could induce or ancourage an. increase in development which could significantly impact the coastai zone. Page 40. The Carps suggests citing the National Shoreline Study mantioned above. The following should also be included: A report entitled Flood Plain Information, Tidal Areas, St. Thomas, St. Croix, and St. John, u. S$. Virgin Islands, wes prepared for the Virgin Islands Planning Office by the Jacksonville District Corps of Engineers in 1975. The study . . . . ‘ ; ; x ~ . “8 Response * Shore Erosion Planning. As part of the continuinc consultation and coordination on the Corps may participate in this process. No response necessary. Page 32, 34, 35, 49, 115°-~ The appropriate changas have been made. ; No response necessary. ~ ~ Se Paga 37 -= Both OCZM and the Virgin Islands Plannina Offica havea been recently made aware of this proposed project. The Program is flexible enough to deal with this issue during program implementation, including consideration of a joint Puerto Rico/Virgin Islands Section 308 Intarstate Planning Grant to analyze impacts of such a program. This study will be used when the shoreline erosion element is prepared in the upcoming year. Sea above conment. : , probiems. (Drake? Wil son’continued)- Comment provided information on potential tidal flooding to the U. S. Yirgin Islands including determination of the 100-year and Standard Project Ficed eleva- tions. The study did not provide solutions to the flcad probiems; however, it did furnish a suitable basis for the adoption of land use con- trols to guide flood plain development and thereby prevent intensification of the tidal flood loss The report states that “Lands leased or otherwise utilized by the U. S$. Government are included within the coastal zone." (Page 68) This is incorrect. Leased federal lands are alsa ax- cluded from the coastal zone. ‘Norman H. Huff Commander, U. $. Coast Guard Department of Transportation The document does not appear to clearly identify Coast Guard programs as high priority uses in the coastal zone. The majority of Coast Guard pre- grams are water dependent and must carry a nigh priority. The Coast Guard's role in national defense is an assential element of the national interest. The Coast Guard’s future acquisition of coastal areas is in the national interest. The Coast Guard's use of vital offshore operating areas should not ba unduiy restricted in the future. Under “Excluded Federal Lands" (Page 68} -- The statement "Lands leased or otherwise utilized by the J. S. Government are included within the coastal zone” shauid be eliminated. The UY. S. Attorney General's office rendered an opinion which includes leased and non-fee controlled _land, as well as Federaily owned Jand. Page 81, Table 5-2--Bridges should be listed with reads under transportation and given an appro- priate priority listing. Page 8<7, Table [--Under number 5, Preservation of Life and Property, the Coast. Guard should ba included as the cognizant Federal agency re~ sponsible for maritime search and rescue operations. Page 8-12. Of concern are the Coast Guard's responsibilities regarding the issuance of permits for bridges and rpivate aids to navigation. The CZM Program appears to have amitted the de-~ tails of how Federal permitting is to be im- plemented regerding CZM certification. xf Rasponse This is correct and the FEIS has been revised to reflect the new wording. By reference, the VICZMP had Identtfied: National defensa as a catagory is a high priority within the YICZMP and therefore any- thing done in the nation's defense is a nigh priority. Thera is nothing in the YICZMP which unduly the Coast Guards use of offshore areas. This statement is correct :-and the FEIS nad been changed to reflect the Attorney General's language. Page 81, Table 5-2 -- There ara no bridges in the Virgin Islands. Page B~7, Table I -- The Sudstance af the program acknowledges the role of the Coast Guard as the agency responsible for maritime search and rescue operations. This addition will be in the subsequent revisions *a the program document. Page 8-12 -=- The Coast Guard has responsibilit; for bridges under 33 USC 401, 491-507 and §=<5-534. The Federal Consistency section Page 8-8, and Chapter 8 Page 142 Figure 3.2 and Page 144 indicates the details of the relationship between Federal permitting and C2M certification. Further clarification wii? be promulgated by the VY. 1. Department or eo"servation and Cultural Affairs. Copies of which wil. >> sent to 317 relavant Federal agencies as part of the continuing consul- {Norman Huff continued) Comment It ts recommended that the time frame for {Territorial ) comments or issuance of CZM certi- fication be defined as either sixty days or that Federal permits be issuad conditional upon the issuance of- CZM cartification from the State, to avoid unnecessary delay. Page B-i0 and 11. (a) Coast Guard Light Station © St. Thomas is located on 9.4 dcres rather than 6.0. (b) Charlotte Amalia Coast Guard Light Attandant Station is Tocated on acre owned and ts acre on permit from the local government has been omitted. ({c) Ft. Louise Augusto Light is locatad on 0.1 acre at St. Croix and has been omitted. {d) Ham's Slutf Light Station is Tocated-on 22.5 ‘acres rather than 16.5. Appendix C-1. The Coast Guard Light Station at Buck Island is a 100° square parce] on use permit from the U. 5. Department of the Interior. It is suggested that provisions be incorporated ints the olan for evaluating noisa impacts and providing abatement, if necessary. Actions for protacting the coastal environment from the spillage of hazardous materials should be considered. The agencies respoensibie for spil? cleanup (i.e. local firefighting or civil defense agencies should be educated in the safa nandling of hazardous materials. Appendix 8, Pages 3-10, 11. (a) Coast Guard Light Station St. Thomas is located an 3.4 acres rather than 6.0. (b} Charlotte Amalie Coast Guard Light Attendant Station located on 3g acre owned and ‘s acre on permit from the local‘ government has been omitted. The plan in general appears to be well tailored for the Virgin Islands’ coastal zone. Most of the major issues have been addressed in a satisfactory manner. The potentially devisive consistency issue has been treated in direct and forthright manner. If the guidance suggested on Page 99 is followed, conflicts over consistency shall be minimal. Response - tation and coordination process. See above comment. Every effort will be made to reduce administrative review time for consistency determinations. Pages B~10 and 11 and Appendix C-1. This information has been acknowiedged and appropriate revisions will be made. in % on Any existing or future federal noise controi standards will be enforced by the territorial agencies implementing the YVICZMP. The existing O71] Spill Prevention Act con- tains adequate provisions for protecting the environment and will be funded under the CZMA, Section 305 and 308 funds. These changes have been made in the FEIS. - No response necessary No response necessary. ™ Comment” .. =. Ted Heintz Office of the Secretary U.S. Desartment of the Interior Septemper 6, 19/7 The Department has no objection to the proposed - two tier boundary approach. Although the first tier is composed of a relatively narrow strip of land along the shoreline, we are pleased that this tier also includes al] offshore islands and cays, excluding those owned by the Federal government. In sensral, we support the criteria and. rationale used for including areas within the first or second tier of the CZM boundary. We also commend the Territory for their decision to include the remaining interior portions of the three main islands in the second tier. The section on Boundary Definition needs - amplification with regard to lands excluded from the coastal zone. The Bureau of Outdoor Recreation, does not own or manage any land but deas administer the Land and Water Conservation Fund whitch provides monies to purchasa outdoor recreation Jand and facilities on a matching grant basis. It is our understanding that both existing and new properties purchasad through our grant program are subject to the general coastal zone review and planning precess at the state leyel--our grant lands are not Federal exclu- sions.. However, it should be noted_that the Land and Water Conservation Fund Act of 1965, “public Law 88-578, includes the provision in ~ Saction 6(f) that "Na property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation uses.” 4 The Department is pleased ‘that the nineteen - land and water areas in the first tier that are designated as Areas of Particular Concern, eleven are specifically designated as areas for preservation and restoration. The Department has serious reservations regard- - ing the proposed specific recommendations for those APC's located in industrial and commercial areas. Since the boundary delineations and management procedures for each APC will be developed under Section 306 work task. funds, we believe it would be more appropriate for the specific recommend- ations to ba developed atter ail alternative management procedures have been considered and ayaiuated. Furthermore, implementation of many of the proposed specific reconmend- ations in these development-oriented areas will necessitate the applicant oabtaining a Corps of Engineers’ Section 10 or 404 permit. The Department is mandated, through the Fish and Wildlife Coordination Act, as amanded, to review such permit applications and to submit 2 report to the Corps on the impact of <he proposed project on sublie fish and wtidlifa rescurces. fa this capacity, we nava the following reservations concerning ——.. .- une inaciitc ~scommendations for Crewn Bay, ‘sh AUT] Rasponse=.. No response necessary. The exclusion of Federal lands from the coastal zone is treated with greater danth in Appendix 8. Virgin Islands Federal Interaction. BN MN No response necessary. No rasponsé necessary. ”Ay See For purposes of clarification the recommendation: for areas of particular concern are guidelines for future development. They are not mandatory and will be subject to further refinement during implementation of the VICZMP. As suggested many of the recommendations, if implemented will require a section 10 or 404 Corns of Engineers parmit and/or an environmental impact statement. At that time it will be appropriate for the FNS to comment on the merits of aach sarticular proposal. The agproval of the program in no way diminishes this review function of the FWS. Comment - : Response. @ .. U.S. Department of the Interior (cont.) Vessup Bay~East End, Enighed_Pond-Cruz Bay and Southshore Industrial Area: Crown Say (po. 121 - The program recommends that the redevelopment plan suggested by the Port Authority be endorsed. This plan presants three options for this APC, all of woot which cail for filling areas of between 29 and 59 acres. Although we recognize the specific problems of the Crown Bay area, we believe the potential of developing a more environmentally acceptable plan exists. Yessup Bay - East End (pp. 125) - The recommendation for this APC specifies utilizing the mangrove-fringe salt pond adjacent to the ferry dock for expanded . beating facilities. The discussion also states that the bay is quickly becoming overcrowed, yet the specific recommendation tates that the expansion of boating facilities should be encouraged. Not only does this appear inconsistent, but no rationale is oresanted for the reccmmend- ation. No mention is made of detailed scientific studies waich document the fish and wildlife resources or productivity of the area, or of potential alternative axpansion sites. “This is in direct contrast an to Departmental policy. We believe that -_ a specific recommendation for davelopment r } and/or management of Yessup Bay-East End should be developed only after: (1) investigations which indicate the specific needs of the area; (2) identification of alt alternative actions/projects for the area; (3) evaluation of the impacts of al] -° ~ te alternatives. Enigned Pond - Cruz Bay (pp. 127) - The specific recommendation for this APC states that the saneral concepts of the propased master pian suggested by the Port Authority should be endorsed. We believe that a more environmentally acceptable plan can be developed for this area and would be pleased to work with the Virgin Islands Planning Offica in developing such a sian. _ Southshore Industrial Area (pp. 118) = In . the discussion of this APC seven major specific projects are addressed and humerous potential adverse environmental ___impacts may be associated with these projects. _. In view of these impacts, we believe the recommendation for this APC’is too general and weak. Specific recommendations should be developed for each of the seven pro- posed projects after alternatives to the projects habe been evaluated. In view of these concerns, we believe that . andersement of these recommendations at “ 3 this time might lead to potential conflicts oo among Territorial and Federal agencies during the final planning and implementation stages of these projects. It is also apparent . - to us that: implementation af some of tha--- 9 - ~~ 7 Tom te ana scene maeamenmn es specoric recommendations far these areas may RY Commant ” Y.$. Department af the Interior (cont.) also necessitata preparation of an Environ- mental Assessment or an Environmental Impact Statement in accordance with the National Environmental Policy Act. Thus, we believe that endorsement of the specific reccmmendations at this time, prior to evaluation of ali alternatives for the proposed development-ariented projects, is oremature and negates the purpose and value of early coastal planning and management. For all of the reasons stated above, we believe that the specific recommend- ations for these four projects should be deleted from the draft program at this time, and they should be daveloped through a Section 206 task which would accomplish the following. actions: 1) boundary delineation*® for aach APC; (2) consideration and evaluation of all alternative actions for management and/or development of the APC; (3) development of specific tangibie management precedures* for each APC; and {4} davelopmant and presentation of very specific racommendations for each APC. *Although we understand from the Office of Coastal Zone Management that the boundary delineations and management procedures will be developed through Section 306 work tasks, we believe the VICZMP should clearly specify that this wil] be accomplished. ; Another satisfactory alternative to us would be for the program to specify that these recommendations are "specific. suggestions for management.” In addition to the above concarns we have the following comments on some of the other APCs: . Fort Louise Augusta - Altona Lagoon-Gailcws Bay (pp. 112-113) - The last sentence of the recommendation for this APC is slishtly awkward and misleading. We suggest it be reworded as follows: “Tidal flushing of Altona Lagoon should be restored by improving water flow between the lagcon and bay.” Green Cay (pp. 114} = The U.S. Fish and Wildlife Service is presentiy in the process of negotiating purchase of Green Cay since the cay. serves as-critical habitat for the endangered St. Croix ‘ground lizard, Ameiva poiops. In the © ayent that monias would not be released - for service acquisition of Grean Cay, we would endorse the recommendation of the program that the cay remain in its present undeveloped stata and be included in the Territorial Park System. _ Sandy Point (pp. 117) + Endangered sea turtles _ are known to nest on Sandy Point beaches, x? e Responsé. Comment ~_ davelapment pressures on the cay, we eiterata and we=beliave the recommendation should .addrass this. fact. The:recommendation ‘currently states that this area should be managed for conservation, recreation and traditional uses. The term "traditional uses" must be defined in order that such usés wil] be clarified and will not be incompatible with conservation uses. West Indian Company and Vicinity (pp. 118- 119) - The U.S. Fish and Wildlife Service is currently in the process of cbtaining the Solicitor’s opinion of how this portion of the CIM program related to the Memorandum of Understanding between the Department of the Intarior, the Yirgin Islands government, and the West Indian Company. We habe requested the Solicitor to clarify the implications of Federal consistancy for each pariticpant of this memorandum. . We believe that clarification is nacessary before VICZMP approval .is issued. Frenchtown and Vicinity (pp. 120) - The severe upland runoff problem in the Franch- town vicinity should be included in the areas which warrant attention in the recommendation. d@ suggest that vICZs 2MP include a mechanism __ for coordination with Federal agencies who have an interest in the coastal zane, in the selection procass of any future APC's.~ Furthermore, in-the U.S. Fish and Wildlife Service lettars to the Yirgin Islands Planning Offica dated March 16, 1977, and July 25, 1977, we recommend that the list of site specific APC's be axpanded to include Protestant Cay and Ruth Island, St. Croix (A eed for preservation and restoration APR). Protestant Cay comprises an area of approxir mately four acres, of which approximately two acres have been developed. The endanger~ ad St. Croix ground lizard is known to ctsur on the cay, and this Service has formally designatad the cay as critical habitat for the lizard since Protestant. Cay and Green Cay are the only two places in the world where the lizard is known to -__No response necessary. Response - QCZM sees no compelling reason for withholding approval. _. - Through the continuing consultation and coordination mechanisms, Federal acencies will have an opportunity Tor” input into future APC/APR dasiqnations. The VIPOQ will consider APC/APR nominations as part of its continued pianning program under Section 905 of the YICZMA. See above comment. eccur. In consideration | of “potential our earlier reconmendation..” Ruth Island was created frem dredge spoils of Hess O11 Virgin Islands Corporation. We request that the Yirgin Islands Planning Offica investigate the feasibility of designating Ruth Island as an APR. Mangroves © could possible be established there to neip restore the south ecosystems of St. Croix. The Krause Lagoon area was heavily imoacted by the activities of Hess O17 Virgin Islands Corporation and Martin-Marietta Alumina. As a minimum, we: reconmend that a 206 task be developed to evaluate the feasibility of designating these areas. as APC‘'s in the near future. - These comments will be taken into consideration in future designations of APRs. Comment U.S. Department of the Interior (cont.) —~ Additionally, we recommend that the list’of: designated Areas of Partictilar Concern: should include all sites located within the first tier which are nominated to, or listed on, the National Register of Historic Placas, and those sites recommended to, or eligible for, or listed on the Registry of Natural Landmarks. Such sites have national as well as local- significance and merit specific protective management attention. The_Ceapartment believes Tables _5.] and. §.2 do not accurately reflect the goals, policies and guidalines of the management programs: : Table 5.7 should be expanded to include the many direct and significant impacts which were emitted. Using che program's definition of direct and significant impacts, we have idantified at least eighteen more impacts, and fourteen of these impacts fall under the “constructian" heading af the table. For axample, filling will rasult in "direct" and "sianificant” impacts on water quality and watar circulation, and dredging results in a‘Sirect" impact on seciceconomic charactar- istics (i.e., dredging accomplished to faci- ‘Jlitate commercial port needs}. In accord with Section 305 (b)(5) of: the Coastal Zona. Management Act, Table 5.2 (pace 81} proposes priority of use designations for thirteen distinct coastal environments of the Virgin Islands. This table also needs to be significantly revised to adequately reflect the goals and policies, particularity since this tabla has the potential of being used as a basis for decision-making in program . imolementation. Although Table 5.2 includes uses relating to thirteen coastal environments, the program only gives. taxtual attantion to eleven of these environments. The program also falis to discuss policies relating to open water, urban developed or industrial areas. This table alse indicatas that grass beds and algal plains sarve as a second priority use area for mariculture. Although the YICZMP states that aT] mariculturs will be “care- . fully contralied," we believe that the potential stresses which mariculture could piace on these delicata, fragile, ecological systams have not bean adequataly considered and avaiuated prior: to the preposed use designation. Mariculture can increase levels of organics in the water which coulc cause seyera algal bicoms resulting tin a depletion of the available oxygen in the water.. This, in turn, could result in massive fish and coral die-off. In view of this and the delicate balance and acoiogical value of sub- merged algal plains and grass beds, we recommend, as a minimum, that these areas be dasignatad as third priority areas for mariculture. In addition, we believe it is imperative that the program identify wnat is maant by “carefully controlled mariculture.” Maricuiture restrictions regarding what may oor may not bea done should be established. Although it_is our understanding that the Oepartment of 4 a xvii Response ~- Both Tables 5.1 and 5.2 were usad in developing the list of uses subject to the management program and daveloping oriorities. [n that sanse they are “process” more than “sroduct: The goals, policies, guidelines, and the land and water use classifications represent a refinement of this concept. The tables have been placed in the document to batter illustrate the bredth and historical davelooment of the program development process. The incluston of the tables in the VICZMP jis not for the purposes of program implementation decisions. Any rules or regulations promulgated by OCCA wil” be available to Federal agencies for their revie: and comment. Comment U.S. Denartment of the Interior (cont. ) Conservation and Cultural Affairs (DCCA) will establish rules and reguiations covering this issue, we believe the program should mention these pending regulations. Table 5.2 also lists artificial reef construction as a first priority of use in both grass bends/algal plains and corai reet/ algal ridges coastal environmants and as a second oriority for sand bottoms. ‘While the Department would not object to a deepwater {{,.a. deeper than 35 feet) artificial reef on a Sparsely-vegetated bottom, we would strongly object to artificial reef construction on productive shallow-water seagrass/aidal flats, and healthy coral reefs. Thus, we fae] that a sand bottom should receive first priority for artificial reefs, and orassflats and coral reefs should receive, at most, third sriority for this use. The usa category "Mining Sxtraction)" is basically concerned with the axtraction of sand for construction matarial in the Virgin Islands. According to Table 5.2, first priority for extraction is listed as “opan water" while sacond oriority is given to axtraction on “sand bottoms." The taxt snouid first attemt +o clarify what is meant by “open water” and then axplain way extraction is not a first pricrity on a sand bottom. in view of thesa concarns and the potential basic usas of thesa tables in sregram implementation, we urge that both Table 5.1 and 5.2 must be revised and updated prior ta final orogram - approval. . Tne program should fnelude an on-going means to monitor and determine the capability of the coastal resources to suppert the particular designated uses, including the cumulative impacts of such uses. We recommend that <his be accomplished through a Section 206 work task which, in assence, would ba a continuation of the "Capability Analysis” study which took piace during program davelopment. It is realistic to assume that a casicnated permissible us@ may result in a cumulative, adverse impact on the coastal ecosystem, and a modification ef the priority use designation would be necessary as a part of program administration. The program fails to clearly indicate now such changes, if necessary, would be made. In addition to the goals, policies and permissible - usses., the YICZMP aiso presents guidelines for deyelopment in specific coastal environments. | Thes@ quidelines will serve as a basis for deyeloping the rules and regulations ralevant to the new coastal permit system and necessary zoning revisions. Our comments on the guidelines foileow: Beaches - We recommend that these guidelines specify that al? sand beaches should be con- served for recreational or wildlife purposes. Sinca many beaches in the Islands serve as nesting habitat for endangered sez turtles, | - xviti Pa Rasponse® These comments have been acknowledged and wili be considered in the development of ruies and regulations. — Comment, | U.S: Dapartment of the Interior (cont: ) we. believe certain beaches should be given high prtority for preservation or conservation. Marine Meadows (grass beds} - Our earlier comments on mariculture are aiso applicable here. We also recommend that if anchorage areas are designated tn marine meadows, the guidalines should clearly | state that no waste discharge or polluting substances of any kind should be permitted into these areas. Coral Reefs and Algal Ridges - Cur comments an maricuiture are particularly: applicable here. One of the key elements of the VICZMP is the Coastal Land and Water Use Plan which is basically a comprehensive plan for development within the first tier of the coastal zone boundary. The proaram’s goals, policies, and priorities of usa desicnations formed the basis for the plan which identifies nine land and water use catagories ranging from preservation to industrial. xix Resoonse ~ The comment for further study as a 306 ‘task ~. is being considered. The land water usa plan will be refined within the next year with zoning and the proposed jend 2nd water usa system being made compatidie. Comment - - We specifically commend: the: Territory for de- velopment and adoption of a streamiined yet compre< hensive coastal permit system to 2id in imple- mentation of the program. The rearrangements of the Territorial Legislative regimes and creation of a Sureau of Enforcement for operation of the CZM Pregram appear workable, - However, we have some serious concerns and questions. regarding the functions of the newly designated Yirain Islands Land Use Appeals Board (p. 149}. The VICZM draft program states that the Board of Zoning, Subdivision and Suilding Appeals has been redesignated the Yirgin Islands Land Use Appeals Board, but the program neglects to specify who will comprise the members af this Board, whether any citizens are repre~ sented on the Soard, whether the members are .@lected or appointed, and whether the present regulations of the existing board (as explained - on page 29 of the orogram) remain effective. This Board is empowered to affirm, reverse or modify the Commissioner of the Department of Conservation and Cultural Affair's determination of the type of oermit needed or the Commissioner's decision on any. Dermit. We believe these issues must be clarified for several reasons. First, since any appeals of Soard decisions are taken directly to the Virgin Islands Oistrict Court, the citizens and any public or private agency should be well aware of the functions of che Board. Secondly, we are interested in who comprisas the members of the goard, particularly since the Land Use Appeals Board appears to be simply a redesignation of an existing appeals beard in the Department of Public Works. If. the Department of Public Works was: 2 construction oriented agency, then environmental considerations may not be fully pursued in decision-making. We, therefore, request that our concerns be - addressed in the final VICHP. - We believe a weakness in the proposed draft is the failure to address Territorial and Federai agency interaction and coordination during and after orooram implementation. The Department would appreciate the opportunity to work with the Territory in the development of the 306 work program. We also suqgast that a mechanism should be. availabie for Federal agenctes, who have an interest in the coastal zone, to wark elosaly with the Virgin Islands Planning Office in their avaluation of future APCs and in evaluating the effectiveness of the program. ~ Finally, we beliave an apparent oversight in the draft program fs the omission of a mechanism for conflict resolution should conflicts arise between any of the coastal goals and/or policies. We recommend that such a mechanism be clarified in the final VICMP. - The Virgin Islands Coastal Management Act's goais and policies are the major determinants regarding permissible uses in the coastal zone. However, the proaram contains no methods or procedures for analyzing the impacts of the uses on the natural environment. This aspect should be addressed in the final VICMP. Rasconse ~- No response: necessary, ~ The VILUAB is made up of citizens appointed by the Governor. The reguiations_remain effective unless otherwise stated by the Lagislation, te - A summary description of past Federal intaracti- is in Appendix 3 of the DEIS. The 306 work program will contain a specific work task . oriented toward continued interaction with the Federal -agencies. We appreciate OO1's continuec interest and will apprise OCCA of your willing-~ ness to work with them in evaluating’uture APCs. The evaluation of the program as a whole is a responsibility af OCZM as mandated in Section 312 of the CZMA af 1972, as amended. A mechanism is provided in Section 902(3)} of th: legislation. Criteria or parameters by which impacts of activities will be judged will be developed as part of the rules and regulations after passage of the legislation. Comment - Thedraft program*indicatas that..sinee there will. be a-limited number of Federal activities:and proe-: jects in the Virgin Islands coastal zone, direct notification by Federal agencies to the Division of Coastal Zone Management (DCZM) is the pre- ferred method of notification (p. 8-9). We strongly recommend that the OCZM establish and operate a notification system whereby ail Territorial and Federal agencies will be notified of all Federal activities processed through this system, This should resuit in enhanced coordination and planning efforts by agencies directly and indirectly involved in coastal management planning. , The draft VICMP is weak in addressing Territoriai and Federal interaction and coordinationg during and aftar orearam implementation. This inter- action, particularly with respect to Fedaral agencies wha have an interest in the coastal zone, would benefit the CZM program through open communication between Territorial and Federal agencies regarding enforcement matters, Federal consistancy, and comprehensive olannina for development projects in the coastal zone. Thus, we strongly urce the Territory to explicitly address ‘coordination with Federal agencies in the final program. | The Cuter Continental Shelf Lands Act should be added to the List of Legislation,. outlining Federal jurisdiction affecting the Territory's coastal zone (reference o. 51). Tha- YICMP does not have any clear policy con- cerning possible mineral extraction activities on the OCS, although ft does stata in the appendix, on o. 8-9, the procedures an applicant must follow to start Territorial conststancy review. The procedures of the Territory for precessing the applicant's conststency statement have not Seen set forth and should be added to the CMP. Ye note also, in Appendix B, pp. 8-12 and B-72, that. the Department of the Interior does not have - any Federal licenses or permits listed. This appears to be in direct conflict with the statements on p. B-9, paragraph 2. The section on leases or other authortzattons an p. 149 discusses Territorial leases and Federai mineral extraction leases; permitted activities snould also be discussed at this. point. The saction on the Permit System {p. 140) should discuss or refer to the section which discusses how the Territory will process applications where permits are not required from the commissioner {a.g. Federal permits other than COE‘s}. The aleven "distinct coastal envirenments" listed on page 80 and utilized to prepare the Coastal Environment Map are derived from biological, cultural and geomorphic factors, but the final product does not appear to be an entirely logical classification. No estuary environment is given in the classification, nor are references made to coastal ground water environments. In- deed, the recognition of hydrogeciogic environments of coasts ts. important also from a developmental aspect as, for example, the existence af fresh . mt ot eee sae rd 4 Response ~ QOCZM cannot require. that such a notification system be set up. However, we will note this comment to DCCA for their consideration in implementing the consistency provisions of the program. ~ A summary description of past Federal acency interaction appears in Appendix 8 of the DEIS, As stated before, the 306 wark orogram will contain 3 specific work task oriented toward continued interaction with Federal agencies. - The OCS Lands Act legally affects the Terri- tory's coastal zone but it was not included in the list of significant statutes because there are no existing or proposed OCS activitias for the areas adjacent to the Yirgin Islands. for this reason, the YICMP dees nat include any policies concerning OCS mineral extraction activitias. ~ The procedures for processing the consistency certifications willbe established in the rules and regulations’ as mandated in the legislation. - The Territory has decided not to request notics and consistency review on OOT "permits." There- fore, consistancy will not apply to COL “perniz” activities unless the Program is amended in tha future. ~ Se ~ The Yiragin Islands has indicated on po. 8-12-i2 those permits that will] be subject to certifi- cation under consistancy. As all of those listed relate to some sort of development takinc place in the first tier, the Commission will we waking a permit decision. - There are no esttaries and minimal, if any, freshwater aquifer in the Virgin Islands. Comment: - water under artesian conditions near 2 coast can facilitate the development of activities requiring fresh water. [In turn, the size of a coastai fresh water aquifer may govern the size and distribution of any human: activity car- ried cut on the coast. We suggest that the consideration of types of ground water impacts related to coastal zone development should includa such matters as increasing saltwater mains, and protection of recharge through: beach sands to alluvium or ather aquifers or to underlying fresh water bodias. Tn the statement of Program Goals and Coastal -Policies (Chapter 5), we note on page 77 that the protection of historic resources is a goal specifically recognized in the Virgin Islands Coastal Zone Management Act of 1977. However, in the statement of coastal oslicies on pp. 72-76, there is no expressed golicy recognition for such resources. Because nistoric -resourcas are manageable, we recommend that a specific policy statement.be included to strengthen implementation of the goal of protecting the integrity and fragility af such resources. We racommend also that the management of historic resources be given specific recognition in the statements on per- missible land and watar uses, guidalines for priority uses, and the Tand and water us@ plan. The draft environmental impact statement (DEIS) which covers the impacts of the draft Virgin Islands coastal management crogram is well-written and reads fluently. In ganeral, the statement is, adequate. oo We believe that the statement and program fail to investigate and evaluate all alternatives for managing the areas of particular concern (APCs). Cur previous comments pertaining to the program discuss and sudstantiats our concerns related ts. these weaknesses. We urge that these matters be resolved prior to final program approval. Secondly, in the section on Administration and _ Enforcement (pp. 9-60, the final statement shouid - evaluate the environmental effects on coastal zone resources should the Port Authority propertias 5e axempt from the Trustlands, Occupancy and Alter- nation Contral Act and Open Shorelines Act. The final statement shouid discuss possible solutions. to resolve: this conflict and the anvironmental benefits that could be derived. : : é Hearing Comments, St. Croix: 8/31/77 Carl 8. Seiffer (owns 8uccanneer Hotei) Feels that the Open Seaches Act has resulted in littered beacaes. Wants to know what program will do to affect this situation. Wants to know if it is necessary to have more “open beaches.” Response ey ae Thare is no specific policy concerning historic resources as it was felt that the solicies of the Planning Board, in managing the Virgin Islands historic preservation districts and the National Park Service are adequate for direct decision-making. Note that the Planning Dirsete js the Historic Praservation Officar for the Virgin Islands. No response necessary. The alternatives discussed: in the DEIS were for nomination purposes, notmanagement. The suggested guidance found in the program js subject to refinemant during 306. ~ The Port Authorit properties are axpticitly included in the VICZMA. - A beach maintenance pregram will be initiated and administered by OCCA with 306 funds. Open shorelines are a matter cf Virgin Islands law. Rohert Bidel Spacher (private citizen) - Agrees with the basic concepts of the CZMP. - What will nappen to the property rights of those people in the coastal zone? - Feels the economic impacts. of the program will be negative. Hearing Comments, St. Thomas: 8/30/77 Amory Coron (property owner in Smith Bay) - Feels that the proposed program will affect his property in a restrictive and arbitrary way. ~ Does not feel that it is necessary to change the preseat zoning. ~ Sees no definitive boundary demarcation. Feels that, therefore, the boundary is arbitrary. Mr. Ketchum (private citizan) ~ Concerned that boating/marinas are treated. adequately. Mr. Robert W. Slidall (private citizen). - Feels that the YICZM B11] supercedes existing - Jaw. Why fs program going toa be implemented by a new agency where the Oepartment of Sanitation, the Department of Public Works, the Planning Office, etc., take care of the. Virgin Islands coastal area already. - If pregram is implemented, he does not feal that the decision-making should be done by one person. No response necessary. No property rights wil] be affected in an unconstitutional manner, According. to the socio-economic impact study done by the Virgin Islands Planning Office, ther. ’ will not be any net adverse impacts to the Virgir Tslands as a result of the implementation of this program, Property rights will not be restricted in an unconstitutional manner. . The zoning changes, if any, wil] accur during the year follawing the passage af the legislation. Only a few changes need to be made to reflect the ociicies. All development in the first tier requires a coastal zone permi= The zoning will indicate to tha praperty owner what are permitted uses in certain areas, The first tier boundary is sased on tachnical information and lies on sasily recognized features or administrative lines. Boating and marinas have heen adequately addressed in the VICZHP. The VICZM centralized decision-making in the DCCA to eliminate the redundancy or conflict, the lack of appropriate standards, and the failure to specify. any time limit for decision- making. , oo” ta. - A commission will make the permit decisions. © . Comment J. K. Thomas - St. Croix Chamber of Commerce Amendments were suggested to the Virgin Islands ' Coastal Zone Management Bill. George W. Hindeis Private Individual Land Owner The passage of the Coastal Zone Manacement wil] add little to the protection cf the acoiogy. Thera is a ccmolata absence of an economic impact statement. Any potentia! investor in a hotel or real estate develooment wil] turn away when confronted with reguiations that include the use of “sofice power” to bring about the forced dedication of land and improvements. The implied requirement that hotel rasorts be built "in the hills" rather than at the seashore will have nagative impacts on the economy. The administrative aspects of the CZM Program do not seem togical. Specifically, the criteria for the requirement for a major, rather than minor, coastal zone permit. The amount of money spent does not have adn ecological impact. Also, do the ecological requirements and conditions change after twelve months? Page 2, line 10; the legislation has not been passed. . it is uncisar if non-action by the Commissioner shall be deemed as approval or disapproval of a permit. Page 144 of the Oraft EIS says .non- action by the Commissioner deems approval. Page 30 of the draft CZM Program submitted by the*Virgin Islands Planning Office states that non-action by the Commissioner snail be deemed disapproval. On Page 22, line 9, of tne Virgin Islands draft Jaw, under (H), it reads: The Commissioner may require that public. access from the nearest public roadway to the shoreline be dedicated in new develop- ment projects requiring a major coastal zone permit. On Page 24, line 22, of the Virgin Islands draft law, Yt reads: ‘ “In connection with any major coastal zone permit issued for development adjacent to the shoreline, the Commissioner may require the dadication. of an easement or a fee intar- est in land for public nighways to the saa. It.appears that this part of the V.1. Coastai Zone Management Oraft Law was written without consideration of the aforementioned pertinent chapter of the Virgin Islands Code and appears both illegal and unConstitutional. 7 eyo shy ~ Response ’ These amendment suggestions were to the agisiature. The YICZ4P will .previde for the conservation, preservation, and where feasibie, the restoration of coastal resources. An. economic impact study was done by the YIPO and is avatlabie from them by request. Nothing in legistation “forces” dedication of land. There js no implied requirement, in fact, hotels can be built on the shoreline if they maet the goals and npalicies of the YICZMA. The YICZMA creates a more efficient mechanism for administaring permits within the first tier. The legislation will be passed prior to the approval of this Program. Non-action by the Commission ‘shall be deemed as approval of a permit. Please see legislation anclosed. . First, note that the leaislation says “may“ which indicates discretions. Secondly, the statements are not illegal or unConstitutional. STATEMENTS. AT THE PUBLIC HEARINGS - Comment: Caroline Stuart-Jervis ’ Prasident, St. Croix Board of Realtors The published goals of Coastal cone Management Program are generally supported by the St. Croix foard of Realtors. The Board agrees that the Program: . ]. Accommodates growth and facilitates eco= — nomic gains for the Virgin Islands and at the same time protects valuable and frre- trievable natural resources; 2. Promotes public use: and enjoyment of the shoreline as well as uses of submerged lands which are tn keeping with the doctrine of public trust; 3. Acknowledges the importance of individual rignts and freedoms in using the coast by establisning sound management with a mini- mum of regulation and administrative requirements. The Board feels that: 1. The Program will have disastrous effects on the future growth of tourism on St. Croix. ~ 2. The Program, as expressed for Sf. Croix, has many inaccuracies. and inconsistencies; _.. We Whe res the credibility of_the study “Resporsa: No response necassary. According te the Socio Economic Impacts of the VICZMP, there is no evidence that cna Program wtil nave a disastrous or negative affact on tourism on St. Cretx, in fact, in many areas, it should result in economic benefits. In the absence of substantiation or specifics, no rasponse is necessary. te ~ The Program emphasizes “the recreation and _ conservation of the islands, but neglacts to study the ecchomic impact. We ask, can the Virgin Isiands afford tnis Program? 4.” The snabling Taw is too loosely drawn. “There aré too many details laft open ‘the discretion of the Commissioner. Are the rights of private property owners being circumvented oy the requirement that in order to have a subdivision approved, access to the beach. must be dedicated to the public? made of compensation, as is required by the. Virgin Islands Code, Chapter 20, "Real Property” Acquisitions.” The realtors firmly believe that there has been inadequate input from the public sector of the community and that the input that has been made has been misinterpreted. All property cwners within the first tier sheuld be notified and given a cnance to comment. xxiv, A Socio-economic impact study was done by the ~_VIPO and is available. The legislation has been revised and is. encioased herein. All decisions must be based onthe statu- tary goals and poticies and rules and reguiations subsequently approved by the Legislature. Nothing.in the legisiation “forces” dadication of access, nor are the contents of the legisiation illegal or unconstitutional. No mentionis There has been adequate input Trem the public including special workshops, public hearings, and legislative hearings. Amole opportunity has been given to comment an the ~Program. if the Program is approved, a oraperty owner may request OCCA to tail them if they are in the Ist tier. Comnent.~: Frank McLaughlin Prasident, St. Thomas-St. John Board of Realtors Mr. MeL remarks Office aughlin presented transcripts of his Made at the Virgin Islands Planning and Lagisiative hearings on the Program; — mast of this testimony thersfore is not relevant to this 1. 3. pian for future growth. 4, 5. 6. discussion. The Coastal CZMP appears in concept, at laast, to be a major step in the right direction. reeis that the program requires more study - and time for reflection by the public. There appears to be no proviston in the Presently, the recreational areas, par- © ticularly the beaches, are mismanaged. Do not feel that the permit system pro- Vided for in the VICZMA will speed up the "Permit process. Are not convinead that OCCA should admin- ister the program. axvi Response * No response necessary. The program has been adequate in efforts at . eliciting public response and over two years af program development has. provided numerous opportunities for citizen. input. The reference appears to Jand and water use plan. be directed at the This plan, as pro- posad, will be finatized during tha next year. The proposed 306 management program provides for funds and manpower to remedy this situa- .tton. Presently, there are no statutory time limits under the trustiands Occupancy and Alteration Act. This Program provides such tine limits. No rationale was offered to support this com- ment nor substantial alternative put forth, therefore, no comment is necessary. Table of Contents SUMMARY ~ j INTRODUCTION A. Federal Coastal Zone Management Program RAK 3B. National Environmental Policy Act of 1969 xxxi Cc. OCZM Requirements for Program Approval . xxxti (Section 306) to the Virgin Islands a Coastal Management Submission SECTION i . Virgin Islands Coastal Zone Management Program PART 1 OVERVIEN CHAPTER ONE - INTRODUCTION AND OVERVIEW The Coastal Zone Management Act of 1972.....ccscccccccccccccecececsceesees 1 What is Coastal] Zone Management. ... ccc csc c ccc w ec emcees cen sen esses e cases 2 Overview of the Virgin islands CZM Program. ....c.caecseceeece eae eessesesee 3 Report Format.........casee. eee ee menos cane essere ssensacs Peer errr rrr rT io) PART 2 CONTEXT FOR PLANNING CHAPTER TWO - STUDY PROCEDURES™ UU” re 7 Coastal Zone Management Program - Development Process......eeseeees Cae cerc cece res ee messes eesasceeans veae 9 Program Clements. ...-..csscseee ocean ccc cee eee a tees n ee cesseeaesesceee ee 11 Technical Work TaskS....ccces scene cn ea cease meses et es ccs naeseaseweereeseas 12 Public and Governmental Involvement and Federal Interaction........s0. wep cence nena tae n ee sawenaatesenaecees 14 CHAPTER THREE.--CONTEXT FOR PLANNING: BACKGROUND AND SETTING ~~ ~~ Resource Setting: An Image of the Virgin | Islands....... eee cee cecaceenees 17 Economic Setting. .......csscecsecens va enna enaceseeennans aes ecencoesenas 22 Present and Future Shoreline Uses.......cccccasccc eee eee a ees ec cate en cence ac Public Attitudes Regarding Shoreline Use...........00- ease anascesacecaces 36 Political/Institutional Setting. 1... ceca cece eee ccwessaccssescane eaneeas 38 CHAPTER FOUR - PROBLEMS AND ISSUES TO. BE Al ADDRESSED BY THE COASTAL ZONE MANAGEMENT PROGRAM ~ TTT re err es The Economic Soom of the 1960's and Need for Planming.......ccccc cee e nv cneenacees eeetesees reece cee nsec eenaee 53 Specific Problems and Issues....... a ones ener ceceses oaeeces lo aeeeees eens . 54 Short Term vs. Long Term Productivity.......ccscessneccoeee eeaeacas aoeaeee 58 Shorei tne. Access ~~ - 5B. Administration and Enforcement..... dea neneearacens pa vaesesnancene a eeneee ae (59 " xxwid tt ae PART 3 MANAGEMENT PROGRAM CHAPTER FIVE - DEVELOPMENT OF THE COASTAL LAND AND WATER USE PLAN _ > Boundary Definition ....c.ccccececccacn aasasaece deawesceccennee ace nenecaes 63 Program Goals and Coastal Policies ote sce re nenn venoms seasesncase wavewacees 69 - - Parmissible Land and Water Usas .........ce00e oe ne cccecesannene ase eeascace 77 Land and Water Use Plan ..... cee ececcacsesnceacseces a eancccevcccsecuse -- 86 CHAPTER SIX + SHORELINE ACCESS AND USE Background of the Problem ........... aa eceanaseasceoecs eenesanccccessceaes 93 Beach Inventory .....2.... a eeccsesace Seeanase aa eae season aaceeaseeene veces 95 Options for Action ....... enc cewacee ener a neem eens en eeeseresasenee wee eenaes 39 New Government Responsibilities ..... a ena na eens esaceeceesacaeasee wenaeee 104 Further Recommendations Concerning Public Shoreline Access and Use 20... cece wees ween ence cecewetecans aessees see weseaseeas 104 CHAPTER SEVEN - AREAS OF PARTICULAR CONCERN “s Sita Specific Recommandations ....... aeeaaes a eee cman cece s ean eeceeastsoes 10 St. Croix ..cccesescescvsccceceenes sea ne wees eesneccees dene acaceeecens mM St. Thomas .......... a owen ecees beeen ream awn ce esas eee easaensaseeense » ‘178 St. JON 2. cece cence cece seeees new e ea ee eam ee eee e rates anes eeaesceeaas 127 CHAPTER EIGHT - MECHANISMS FOR IMPLEMENTATION: ORGANIZATION AND AUTHORITIES Federal Requirements ..... a seen acaeceaaseenecces eee cc eens cee cenenenes ceee 137 Existing Management Regulations: Organization and Parmit System .....scceceeweree ae eneeeces sescewses Seman eweeseceas 133 Implementation Machanism .....+0-ec cece sceeeeertees aseeses seas enaccnesaes 139 Leasas or Other Authorizations ......... oeesares aencacasees a eaeeeeeneaee -- 149 Federal Consistency Certification ...........6. ade eeee ee eees wesasccescnnce 150 Rearrangements of Legislative Reaimes ......... osm ecwceanes seeees eee weseee 150 SECTION 2 PART FOUR ENVIRONMENTAL IMPACTS . ~L, CHAPTER NINE - DESCRIPTION OF PROPOSED ACTION .......... smeaesesserens sass Part 3 CHAPTER TEN = DESCRIPTION OF THE ENVIRONMENT AFFECTED ........... wecoeeeese Part 2 CHAPTER ELEVEN - RELATIONSHIP OF THE ACTION TO LAND USE PLANS, POLICIES AND CONTROLS FOR THE VIRGIN ISLANDS ........ «es. Chapter 3 , ; and Appendix $ CHAPTER TWELVE = PROBABLE IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT 2... cscs sen cccceeesecencccceess erecee 187 CHAPTER THIRTEEN - ALTERNATIVES TO THE VIRGIN [ISLANDS COASTAL ZONE MANAGEMENT PROGRAM ........ amen ceteresees 161 CHAPTER FOURTEEN - PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED ..... enc w cece teense cneasaee aces 166 CHAPTER FIFTEEN - RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PROOUCT WHY . see e nee ew aces wanes 185 ivi id CHAPTER” ‘SIXTEEN: - “IRREVERSIBLE - OR“ IRRETRIEVABLE COMMITMENTS j ~ QF°RESOURCES THAT WOULD BE INVOLYED IN: THE ; PROPOSED ACTION. SHOULD IT BE IMPLEMENTED shee sneees esse. 167 CHAPTER SEVENTEEN - CONSULTATION AND COORDINATION WITH OTHERS de tecesavese 167 LIST OF FIGURES.” 2.1 CZM Program Development Process.......- been meee cececenaeeess Leas 10 3.1 The U.S. Virgin [slands...-...s ss seeess eee eeeres seeretevesensenee 18 3.5 Development Proposals....... “saan caceoecvapeceesscusacesnatansess 33 3.5 Existing Regulatory System......... sea eee anecanecscacecee eee eaee 47 6.1 Targat Seach Areas....... va eee eee eee nee e cane n amar enceenswceese Q7 7.1 Areas of Particular Conecearn.............65. ence sect ea nen neccees 109 8.1 Existing Organization - OCCA... ccc cece cence ne ce cee e ee eaee _ 133 8.2 Land And Water Usa Laws and Implementing Agencies... ..... es eneene 135 8.2 Existing Permit Raview Processes... .... cece eee cece nee e wees waeeeee : 137 8.4 Existing and Proposed Areas of Jurisdiction..... asec eee wececeaes 1338 8.5 Proposed Coastal Zone Permit Review Pracess..........---s005 sesane ie 8.6 Proposed Organization = DCCA... cc ecw n cece etn cc cee anenennee 145 8.7 Proposed Requiatory System......... a eee een ene neee cere eee nenanane 147 LIST CF TABLES 3.1 Chronology of Coastal Related Activities and Legislation......... 45 5.1 Uses/Activities Subject to Management Program..........-eeeee0c25 7° 79 5.2 Priority Of US@S.. 0... cece cece een ence cee e eee ceenenscees vecseuees 31 5. 3 Coastal Land and Water Uses Classification System. a eaesesceenene 37 MXIT INTRODUCTION: A. The Federai Coastal Zone Management Program In response to the intense pressures upon, and pecause of the importance of the coastal zone of the United States, Congress passed the Coastal Zone Management Act (C2MA) (P.L. 92-583) which was signed into law on October 27, 1972. The Act authorized a Federal grant-in-aid program to be administered by the Secretary of Commerce, who in turn delegatad this responsibility ca the National Ocaanic and Atmospheric Administration's (NOAA) Office of Coastal Zone Management (OCZM).~ The Coastal Zone Management Act of 1972 was substantially amended on July 26, 1976 (P.L. 94-370}. The CZMA affirms a national interest in the effective protection and development of the coastal zone, by providing assistance and encouragement to coastal States to develop and implement rational pro- grams for managing their coastal] zones. The CZMA opens by stating " t]here is a national interest in the effective management, beneficial use, protection, and development of the coastal zone" (Section 202(a)). The statement of Congressional findings goes on to describe how comnetition for the utilization of coastal resources, brought on by the increased demands of population growth and aconomic expansion, nas Ted ta the degradation af the coastal environment, including the “lass of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecolagical systems, decreasing open space for public use, and shoreline erosion.." The CZMA states "{t]he key to more effactive protection and use af the land and water resources of the coastal zone is ta encourage states to exercise their full authority over the jand and waters in the coastal zone by the assisting states . . . in developing land and water use programs . . . for dealing with [coastal] land and water use decisions of mora than Tecal significanca” (Section 302(h))}. While local governments and Federal agencies ara required to cooperate and particinate in the development of management programs, the State level of government fs given the central role and responsibility for this procass. Financial assistance grants are authorized by the CZMA to grovide Statas with the means of achieving these cbjectives and solicies. Under Section 208, thirty coastal . States which border on the Atlantic or Pacific Oceans, Gulf af Mexico, and the Great Lakes, and four U.S. territories are eligible.to recaive grants from NOAA for 80 percent of the costs of developing coastal management programs. ‘Broad guidelines and the basic requirements of the CZMA provide the necessary direction for deveioping these programs. The guidelines defining the procedures by which States can qualify to receive development grants under Section 305 of the CZMA, and the policies for development of a Stata managemant orocram, were oublished on November 29, 1973 (TSCFR920). B. National Environmental Policy Act of 1969:Requirements” On January 1, 1970, the President signed into Taw the National Environmental Policy Act (NEPA), which required each Federal agency to prepare a statement. of environmental impact in advance to each major action that may significantly affect the quality of the human environment. An environmental jmpact statement (EIS) must assess potential environmental impacts. of a proposed action in order to disclose environmental consequences of such action. To comply with NEPA's.requiremant of preparing an EIS, OCZM has combined the State's coastal management program (which is the proposed action) with a discussion of the environmental impacts. The CZMA is based upen the premise-that the environmental aspects of the coastal management program should receive significant consideration in the development of State programs. Thereyore, as you read this EIS you should be aware that the State coastal management program is the core document included in {ts _ entirety supplemented by the requirements of NEPA, Section 102(2)(c). a For reviewers more familfar with the NEPA requirement for content of an EIS, below is an index of where you wii] find this information: Dascription of the proposed action........ vecceuacecuceseeaucces et eeasces Chap. 5-3 Description of the environment affected. ....cccc ceca ston ee ence ee eeaesceee Chap. 3-4 Relationship of the proposed action to..........-..-- a eeeevaccvceacuseneas Chapter il lend us@ plans, policies, and controls Appendix B for the affected area Probable impact of the proposed action on the environment..........Seeeeee Chapter 12 Alternatives to the proposed action... ...ceeee eee ne ese e eee e ween eset asnens Chapter 13 Probable adverse environmental affects which cannot be avotdad............ Chapter 14 Relationship between local short-term uUS@S 2... cece cece cece esse eeweenee Chapter 15 ; of man's anyirenment and the maintanancea. ; — and enhancement of long-term productivity Irreversible and irretrievable commitments..... dence cease eceeeeusacecases Chapter 16 of resources that would be involved in the proposed action should it be implemented. An indication of what other interests and... cece cma cee acesencacnnces Chapter 17 considarations of Federal policy are thought to offset the adverse environmental effects of the proposed actton C..._Relationship.of QCZM Requirements: for Proaram- Approval. (Section_306) tn the Virgin: Islands Coastal Management: Program Submission OCZM Requirements : Virgin Islands Coastal _ 15 CFR Part 923, Section: “Management Program . -4(b) Probiems, Issues, and Objectives............. senees be escucaccnacees ee eeeaes cee, Chapter 4 -5 Environmental Impact Assessment.......4. en Chapter 9-17 il Boundaries... .ecscc res caeeees aceeudeceeveaees: occ cae esc eesseneane eee ecaeecaes ~.. Chapter 5 .12 Land and Water Uses to be Managed......... doce nenaceneneness vgnaccecesececccacs Chapter 3 13 Areas of Particular Cancern..... eee esceneee lesa aan eeaenees ance e cee weneeees «e+. Chapter 7 14 Guidelines On Priority of Uses... ... ct cece eee eens aw wcetesecsecs ; pas acasceneean Chapter 8 «15 National Interest in the Siting of Facilities... 2c. e cece cece cece ee cee eee cere cece eee e wen ce een ees eeneeestanes Appendix. ) 1é Area Designation for Praservation . ms and Restoration...... ee ca cee w eas cceces Levees we ete wee wees en cece recast nescence Chapter 5 17 Local Regulations and Uses of Regional Benefit..........ceees esens ne aeceeecedecseaceecssccusceeues Me eeeeee Mot - aoplicable 18 Sheretront Access PTANMING. ....eccccesceces cette ete eneneserssnseees aeeanees wee Chaptar 6 .1g Eneray Facility Planning........ se essenee se eseneas aesnene a mene ca cae enswascces o- Not completa -20 Shoreline Erosion....... ccc eee ewes sone acess cccssanee Leceuceecaaeeseueecesees ; Not complats -31 Means of Exerting State Control , | over Land and Water Usas..... once erence cree set nccteseseecuencses eeeees saeees Chapter § «32. Organizational Structure to Implement the Management Program........... vee aeae a eee eee eee eee ea sense abe eesatesaes Chapter -3 .33 Designation of Single Agancy.....c.esaeans ees aasaceceeas Nae c este cane sesecenaes Chapter 8 34 Authorities to Adwinister Land ) ~ and Watar. Use, Control] Development and Resolve Conflicts... cc css cence ccc e cence cence ca nena eeneesaeutencessacees Chaptar $ ) Authorities for Property Acquisition... ...e cscs csccccnscwnescanans aa nceasennve Chapter 6 «36 Techniques for Control of Land and Water Uses..... ae cunscancncaanaccee gece sa cnc eaecaacacceacenenesseecenseus Chapter 8 41 Full Participation by Relevant Bodies In Adoption of Management Program........cececceeees eenseens yea eae ene csceees Appendix A 42 Consultation and Coordination With , Other Planning........ss00s. aa weeesenas eeweeee beam ee cence cece nase esneteeaes Appendix A and 8 dpe ee cee eee ane “ot ; wee oe cee te tee meee - 51 Public HearingsS......scseseseee ea vceaeae eeasees eee ess ee nee scectenscateces sees Appendix A and 8 ~ 52 Gubernatorial Review and Approval..... peaceees acevo nacece pavace oewaaees as seane Attached ee ee eee ee 53 Segmentation......... cece emcee ns eesenececeas a eecceseae Not applicable = = cat Applicability of Air and Water Pollution Contro! Requirements ee ee ene Senevetsensenreneeeven Appendix 8 — ©} : ee aie me es creme ee oe . xaxdtt 1. ERRATA SHEET - Please make the follawing changes in the FEIS: a. Pace 21, paragragh 3, line 4: Add as a footnote the following: the waters of the Virgin [slands between mean high tide and the three mile territorial limit, designated as "Open Water” in the Program includes habitat for the humpback whale (Megaptera novaeandliae), the Atlantic bottlenose dolphin (Tursiops truncatus), the spinner dolphin (Stenelia longirostris}, the spotted dolphin (Stenelia frontalis), the minke whale _ (Balaenaotera acutorostrata), che sperm whale (Physeter gatadon}, che snort finned pilot wnaie (Globicephala macrornynchus), Cuvier'’s beaked wnaie (Zipnius. cavirostris), and probably _ the common doipnin (Deipninus deiphis). b. Pace 32, paragraph (2), lines 5 and 6: Deletes “approval is pending” and add "fssued a permit 4 October 19/6 Tor tne offshore terminal." 2. c. Pace 34, first paragraph, lines G6 and 7: Delete «Prgject approval ae is 5 pending, "as the application has not been recetyed, d. Pages 34 and 35, paragraph (7): The proposals of the Nest Indfan Company, Ltd,, for f41Ting of 23 acres requires a Department of the Army permit under Section 10 of the Rtyers and. Harbors Act of 1899 and Section 404 of the Federal Water Pollution Contre] Act Aiendments of 1272, The permit application {Spending and an Enyjrommental Impact Statement is jn preparation, @. Page 115, paragraph 6(b), Tine 7; Oelete “approval js pending” and add “{ssued a permit for the offshore terminal 7 Uctoner 1375," f. Pace 146 add before Commission of Conservation and Cultural Affairs: COASTAL ZONE COMMISSION A Coastal Zone Commission has Seen created to administer portions of the management program. The Commission shall be attached to the Department of Conseryation and Cultural Affairs for the purposes of issuing rules and regulations and major coastal zone permit, The Commission consists of seven members appojnted by the Goyernor and confirmed by the Legislature; two ax- atficio members, tha Commissjoner of Conservation and Cultural] Affairs who shai] serye as committee chairman, the Ojrector of Planning, and ffye members of the public, An references to the Commjssjoner with respect to major permits and oromuleation of rules and regulations are jn errer and should read the “Coastal Zone Commission," All other references that relata to the issuance of permits and premulgatfon of rujes and requiations should read "Commission or Commissioner." Please make the following changes to the Appendictes found jn the DEIS; a. Appendix 8, pages 8-10, 17 = change ~ 1} Coast Guard Light Station St. Thomas js located on 9,4 acres. rather than 6.0, ~ 2) Charlotte Amalie Coast Guard Light Attendant Statten lecated on + acre owned and % acra an‘permjt from the local severnment fas been omjtted. 3} Ft, Loujse Augusto. Lisht°{s located on 0.7 acre at St, Crofx and has.5een omitted. 4) Ham's S1uff Light Station is. located on 22,5 acres rather than 16.5. b. Appendix B sage 13; Osleta Marine Manmal Protection Act, c. Glossary, unnumbered page: Add the Natjonal Marine Fishertes Serytcea {s responsible for assisting jn the Enforcement Act. SECTION ONE Virgin Islands Coastal Zone Management Program a - 7 4 > oo eres -- te r OVERVIEW tae ** « CHAPTER ONE Intreduction and Overview - The Coastal Zone Management Actof 1972 In recognition of the importance of coastal resources to the nation's economic and environmenta] well being, and of the escalating and conflicting demands for their use, Congress anacted the Coastal Zone Management Act of 1972 (P.L. 92-583). The intent of the Act is to stimulate state and territorial leadership in planning and managing the use of coastal areas. The Act establishes grant programs to financially assist the states and territories in developing management programs (305 Planning Grants) and also provides a variety of financial aid for the imolementation of approved programs (306 Administration Grante). At the Federal level, responsibility for administering the Act has been delegated to the Office of Coastal Zone Management (O0CZM) within the U. 5. Commerce Department's National Oceanic and Atmospheric Administration (NOAA). Its major responsibilities involve the disburse- ment of grant funds and the establishment of program guidelines, Fulfillment of these guidelines (Program Elements) is necessary for program approval and receipt of Section 306 Administration Grants. The Program Elements are: 1. delineation of the boundary of the geographic erea to he managed; 2. a determination of land and water uses which have a direct and significant impact on coastal waters and which will be managed. Priority of use as well as permissibieé coastal. uses are to be-identified; 3. a designation:and inventory of geographic areas of particular concern; 4. - public and governmental involvement; 3. consultation and coordination with relevant Federal agencies, and consideration of the national interest; and 6. development of an organizational structure and jegal authorities to implement the program. Amendments to the Coastal Zone Management Act in. 1976 (P.L. 94-370) specify three new 305 . elements that must be completed by October 1, 1978. They are: 1. a planning process that identifies public shorefront areas appropriate for protection 14 and/or increased access; 2. a planning process that can anticipate and manage the impacts from energy facilities tn or on the coastal zone; and 3. a method of assessing the effects of shoreline erosion. Within the general Federal planning framework, each of the thirty-three coastal states and terri- tories has considerable flexibility to create a program and develop an approach which addresses their particular coastal problems and needs. In the Virgin Islands, the Planning Office is responsible for program development. This document represents two and one half years of effort on the part of the Virgin Islands Planning Office, the culmination of which has been the recent enactment of the Virgin Islands Coastal Zone Management Act of 1977 {Virgin Islands CZMA of 1977). The purpose of this document 4s to elicit both public and governmental responses, at both the Federal and territorial level, so that the Virgin Islands Coastal Zone Management Program (CZMP) may be further refined prior to final approval by the Secretary of Commerce. Following final approval by the Secretary of Commerce, the Virgin Islands will be eligible to receive a minimum of $600,000 annually for program implementation. In addition, funds will also be available for further planning, research, the siting of energy facilities, acquisition of beach access and island preservation. Accordingly, the Territory's coastal zone management program can be a major tool for shaping the future of tha Islands. What ls Coastal Zone Management A coastal zone program represents many different things to different people. To the conser- vation minded, the concept represents either a panacea for every excess of the private sector or governmental agencies, or the solution to every unsolved coastal related problem. Others n fear "management" as yet another intrusion by the government into the “rights of the individual ,” or the imposition of additional "red tape" and bureaucratic delay. It is often interpreted as “anvironmental determinism,” the imposition of natural environmental values over all others. In reality, sound coastal zone management is none of these extremes. A successful program should seek to harmonize cultural, economic, and environmental values to balance environmental protection and economic development with a minimum of regulation. It 4s the intent of the Planning Office to create a dialogue which pools the knowledge of both experts and the public to produce a technically sound, and clearly stated management program that has the widespread Support necessary for program approval and effective implementation. The following goals and objectives serve to facilitate comprehension of what coasta] zone management means within the Virgin Islands context and the direction taken to date in program development. It is the goal 2 “4 of the Planning Office to develop a management program that: 1. accommodates growth and facilitates economic gains for the Virgin Islands and at the same time protects valuable and irretrievable natural resources: O Manages the impact of human activity so as to maintain, and where possible, enhance the coasta} environment; o manages the development of renewable resources to achieve optimum sustainable yield; and Oo manages non-renewable resources. in light of long-term needs: and interests. 2. promotes public use and enjoyment of the shoreline as well as uses of submerged lands which are in keeping with the doctrine of public trust: o insures that traditional uses are protected; o insures that diverse recreational opportunities are available, affordable and reasonably convenient; and Q protects and anhances scenic quality for the benefit of residents and tourists alike, 3. acknowledges the importance of individual rights and freedoms in using the coast by establishing sound management with a minimum of regulation and administrative requirements. * Overview OF The Virgin isiands CZM Program The development of a coastal zone management program has resulted in a number of recommen- dations. The purpose of this section is to summarize the major recommendations and to present a general overview of the program. The recommendations are broadly categorized into two classes: those relating to the development of a general land and water use plan for the coastal area, and those relating to the amendment of legal authorities: and the revision of institutional arrangements. LAND AND WATER USE RECOMMENTATIONS o The Coastal Zone Management Act (CZMA) requires that the management program include an identification of the boundaries of the coastal zone. The deter- mination must include lands with a direct and significant impact upon coastal waters. A "two-tier" approach to boundary definition is recommended ( the 3 t woes @ extent of the boundary is identified on the Coastal Land and Water Use Map). The first tier comprises those areas with the strongest relationship to the "coastal waters." It extends ta the limits of the territorial sea and in- cludes all offshore islands and cays. The landward extent of the first tier is drawn along biophysical features (such as ridgelines and contours) and administrative features (property lines, roads, districts). The second tier of the boundary incfudes the remaining inland areas of the three main islands. As a provision of the CZMA, all Federally owned lands are excluded from. the coastal zone. Highest priority for shoreline uses should be given to water dependent uses, particularly in those areas suitable for commercial, industrial, marine facilities, or recreational uses. Secondary oriority should be given to those uses that are water related. Uses that are neither water dependent nor related should not be permitted jn coastal areas suitable for industrial/commercial/marine facility develop- ment. High intensity residential and non-water dependent or related development should be located inland. Growth should be guided into areas already served by infrastructure (sewers, water, transportation facilities). Accordingly, increased commercial and industrial. uses should be located in existing "developed" areas in "clusters" to minimize the impacts. The function and integrity of reefs, marine meadows, salt ponds, mangroves, and other natural systems that play a role in satisfying the human and other living resource needs of the Virgin Islands should be preserved. The relatively pristine environments of offshore islands and cays, particularly in contrast to that of the developing main islands, repyre- sents a natural resource unparalleled in the Yirgin Islands and should be preserved, Rezoning should take place in the coastal zone to effectuate the use recommendations and to insure that the particular environmental and developmental needs of coastal areas are recognized. Shoreline access and use should be assured through a series of easements and fee simple purchases, application of common Jaw doctrines and enforcement of the relevant provisions of the Industrial Incentive Act. Furthermore, a public access provision should be incorporated into the Subdivision Law. RECOMMENDED LEGAL/INSTITUTIONAL REVISIONS o The Department of Conservation and Cultural Affairs should be designated as the agency to implement the Coastal Zone Management Program. The pre- sent Bureau of Snoreline and Land Management within the Division of Natural Resources Management should be redesignated as the Division of Coastal zone Management (DCZM), and charged with major implementation responsibilities and the issuance of coastal-‘permits for ali developmental] activities. o The major existing licensing and permit programs within the first tier coastal zone boundary should be consolidated under the Division of CZM. This tnciudes the Qoen Shoreline Act. Trustland Occupancy and Alteration Control Act, Earth Change Law and the Zoning Law. Qo The new leaislatio: Should establish a streamlined permit system to assure implementation of the CZM Program. o The new permit system should be “impact oriented" with proposals beina’ evaluated with respect to siting, aesthetic, and environmental standards. a The permit system should contain two types of permits: 1. Major permits issues by the Commissioner of Conservation and Cultural Affairs for activities with a major impact an the coastal zone. 2. Minor permits issued by the Commissioner for activities with minimal impacts to the-coastal zone. o Dedication of beach and shorelines access should be encouraged and facilitated by making dedication of access a condition of the CZM permit. Report Format ) . : - This report is a draft, designed to invite discussion, and as such, has been compiled to- address the needs and requirements of several] audiences: Virgin Islands governmental agencies, advisory committees, interest groups and the public, the Office of Coastal Zone Management, and the various Federal agencies with whom consultation and coordination is required by the Act. As an aid in directing individuals to those aspects of the program in which they may be most interested, the contents are outlined as follows: The report has been divided into five parts: PART I, Introduction and Overview; PART II, Context for Planning; PART III, The Management Program;. PART IV, Environmental Impacts; and PART VY, Appendices. PART II consists of Chapters Two, Three and Four. Chapter Two, Study Procedures, summarizes the process used in developing the coastal zone managment program. ‘The six major Federal requirements involved certain technical tasks, as well as interaction with a wide array of governmental agencies, citizens groups and individuais. These tasks include resource inventories and capability analysis, legal institutional analysis, attitude-value survey, economic and social neads-demand study, and a visual quality-aesthetic assessment. The methodologies and objectivés of each are outlined. A full discussion of each of these special studies has been orepared as a separate technical report, Efforts at Federal agency interaction and consideration af the national interest. and public and territarial governmental input are summarized in the Appendices. ty Chapter Three, Context for Planning: Background and Setting, is a discussion of the context in which the pragram was developed. If briefly highlights the physical/natural resource attributes of the Virgin Islands and the economic base and projected use trends as they relate to the coastal zone. The last section of the chapter focuses on the existing political and institutional setting by taking a histarieal perspective of coastal related activities and legislation. The structure of the Virgin Islands Government, as it relates to the coastal zone management program, is also discussed. Chapter Four, Issues and Problems to be Addressed by the CZMP, follows in the discussion of the setting and indicated those coastal related problems and issues that are addressed by the management program. PART III is The Management Program and consists of Chapters Five, Six, Seven and Eight. Chapter Five is the Development of the Coastal Land and Water Use Plan, In it, the process for developing the plan fis outlined. The coastal goals, policies and guidelines are stated as well as the delineation of a boundary for the coastal zone. The processes for defining and assigning priorities to "permissible uses" and recommended guidelines for generac coastal environments comprise the third section. The last section of Chapter Five describes the Coastal Land and Water Use Plan (CLWUP)}. Chapter Six is Shoreline Access and Use. The results of_a shoreline/beach assessment and subsequent recommendations for action are outlined. Several methods of securing shoreline access and use are discussed. Chapter Seven, Areas of Particular Concern, concerns site specific recommendations for areas of special importance. The process and criteria for nominating and designating areas of particular concern (APC) are outlined. Use recommendations for each APC are indicated by Island. Chapter Etght, Mechanisms for Implementation, sets forth reyised legal authorities and agency organizations and responsibilities. Recommendations regarding the consolidation of several existing Acts, a revised permit process, and the expanded jurisdiction of the Department of Conservation and Cultural Affairs are outlinad. Part IV contains a discussion of the environmental impacts associated with the implementation of the proposed Yirgin Islands Coastal] Zone Management Program.as required by Section 102(2}(c) of NEPA. es al a aca a iovastbsis 1 re an 4 ER a = CHAPTER TWO study Procedures This chapter sets forth the various precedures, methods, and processes employed by the Planning Office in the development of a Coastal Zone Management Program (CZMP} for the Yirqin Islands. The first section includes a brief overview and explanation of the process employed in developing the management program. The relationship of the required program elements, "a sat of study procedures, the recommended CZM Program and mechanisms for impiementation are diagramed schematically. The second section outlines the program elements which are required by the Federal Coastal Zone Management Act. The third summarizes the technical work tasks and briefly explains the objectives and methods which were developed for each of the work tasks. Section Four is a summary of public participation and local governmental involvement in the planning process. Interaction with Federal agencies and consideration of the national interest are also outlined. Caastai Zone Management Program Development Process This section illustrates the relationship of the program elements, study procedures, recommendations, and final implementation mechanisms. This interrelationship is represented schematically in Figure 2.1. There are essentially four phases in the development of the Virgin Islands Coastal Zone Management Program (CZMP). The first pnase is identification of those elements statutorally required of avery 305 program: The second is. the completion of a.series of analyses and assessments necessary to satisfy the program-elements, and to provide a data base from which informed planning decisions can be made. The study procedures are comprised of the technical tasks and two of the program elements. The inventories, capability analysis, attitude survey, visual quality assessment, and social and economic needs-demands analysis generate information that enables the require- ments of the program elements to be satisfied. The legal and institutional analysis was undertaken specifically to meet the authorities and organization requirement, and leads directly to the proposed arcanizational and authorities revision. The program elements of FIGURE 2.1 CZM PROGHAM DEVELOPMENT PROCESS MANAGEMENT PROGRAM OCZM PROGRAM ELEMENTS RECOMMENDED STUDY PROCEDURES a 4 IMPLEMENTATION (REQUIREMENTS) CZM PROGRAM MECHANISMS BOUNDARY TERRESTRIAL INVENTORY COASTAL GOALS, ‘OBJ ECTIVES, REVISED ORGANIZATIONS POLICIES AND AUTHORITIES PERMISSIBLE USES MARINE INVENTORY MANAGEMENT BOUNDARY ZONING AREAS OF PARTICULAR CAPABILITY ANALYSIS CONCERN GENERAL LAND AND PERMIT SYSTEM ATTITUDE SURVEYS/PUBLIC WATER USE PLANS ay PUBLIC/GOVERNMENTAL PARTICIPATION/GOVERNMENTAL (INVOLVEMENT ORGANIZATION AND AESTHETIC/VISUAL QUALITY AUTHORITIES REVISIONS FEDERAL INTERACTION ASSESSMENT AND THE NATIONAL ECONOMIC ANALYSIS INTEREST LEGAL/INSTITUTIONAL ANALYSIS SHORELINE ACCESS SITING OF ENERGY FEDERAL INTERACTION AND cy FACILITIES THE NATIONAL INTEREST COASTAL EROSION ‘f @ - public and governmental involvement and Federal interaction provide mechanisms for obtaining input from the public and the various levels of government. The third development phase is represented by this document - a set of recommendations that constitute the proposed management program. There are four major aspects to this phase: a set of proposed goals, policies and guidelines, a proposed boundary fcr the management area, a proposed general land and water use plan, and recommended authority and organizational changes that facilitate implementation of the. program. The recommendations result in a management program containing severa] implementation mechanisms. There is a revised organization, a set of new or amended authorities that delineate the coastal zone boundary and a coastal permit system, and a set of zoning revisions consistent with the general land and water use plan. The management program and the implementation mechanisms in turn have been developed in such a manner that they will satisfy and fulfill the program elements. Program Elements © The Office of Coastal Zone Management in the National Oceanic and Atmospheric Adminis- tration (NCAA) has promulgated regulations for the development of a4 management program under Section 305 of the CZMA and requirements for program approval (15 CFR 923). Further clari- fication of the intent of the Act, and guidelines for plan development.were set forth by OCZM in a series of general policy papers (Threshold Papers) regarding the statutory requirements. The elements which must be contained in the management program are as follows: 1. an identification of the boundaries of the coastal zone subject to the management program; - 2. a definition of permissible land and water uses within the coastal zone which have a direct and significant impact on the coastal waters and the guidelines for determining the priorities for those uses; 3. an inventory- and designation of areas of particular concern within ,the coastal zone; 4, a demonstration that public and governmental participation in the planning process was encouraged and that an opportunity for partici- pation existed; 5. a demonstration that there has been coordination and consultation with © Federal agencies and that consideration of the national interest was why 1i included in program development, 6. a description of the organizational structure and authorities proposed to implement the management program, including the responsibilities and inter-relationships of local, area-wide, state, regional, and interstate agencies in the management process; 7. a planning process that identifies public shorefront areas appropriate for protection and/or increased access; Bo a planning process that can anticipate and manage the impacts From energy facilities in or on the coastal zone; and 9. a method of assessing the effects of shoreline erosion. Technical York Tasks In order to adequately address the substance and spirit of the program elements, and to make balanced, informed planning decisions, six studies were undertaken; 1) a marine and terrestrial resource inventory, 2) an analysis of environmental capability, 3) a legal-institu- tional analysis, 4) a survey of public attitudes and values, 5) an aconomic and social needs- demand study, and 6) a visual quality-aesthetic assessment, The methods and objectives of each ie . analysis are outlined below, 1. Resource Inventory. The CZMA requires that an inventory of natural and man-made resources be undertaken, Those natural and cultural resource factors located and inventorted as part of the CZM program include historic and archaeological sites, water and air quality, marine and terrestrial coastal environments, environmentally critical areas, land and water uses, wastewater treatnient facilities, land and marine recrea- tion sites, visual quality, tidal and gut flooding, and jand ownership. The resource inventory has been compiled for publication as a Technical ‘Supplement. 2. Capability Analysis. The Act also requires that use determinations be based, in part, upon "the capabilities of each resource for supporting various types of uses and the impact of various resource uses upon the natural environment," This analysis has taken the form of an assessment of the capabilities of the coastal environments to sustain yarious types 12 . < - of development in terms of environmental impacts. This assessment was completed by the Planning Office staff in consultation with a Technical Advisory Committee made up of Virgin Islands' scientists and related professionals. Legal-institutional Analysis. A legal and institutional analysis was undertaken to assess the present legal authorities and organi- zational regimes with respect to the implementation of a coastal zone management program. A thorough analysis of all coastal related legislation was completed, The statutory jurisdiction and responsibilities of the various agencies of the Virgin Islands government were outlined, In addition, the report sets forth several alternatives for organi- zational and jurisdictional changes necessary to implement a coastal] zone Management program. This analysis has been compiled as a Technical Supplement to the plan. Public Attitude-Value Survey. In order to ascertain public sentiment regarding current and future coastal development, a household survey was undertaken. Random sampling procedures were followed to ensure that respondents were representatives of the Virgin Islands population ly as a whole. Interviews were conducted covering a series of questians regarding shoreline development and amenities, Respondents were also shown a collection of photographs representing the various coastal environments, and their perceptions regarding relative scenic quality and appropriate uses for each. shoretype were obtained. Shoretypes requiring protection from over-development were also indicated. Responses were analyzed on a. territtory-wide, Island- wide, and sub-island basis as well as by a variety of demographic variables. This survey has been compiled as.a Technical Supplement. Economic and Social Needs-Demand Study, The identiftcation of the present activities and uses and anticipated future needs for the coastal] zone is included jn the program deyelopment, The informatian which was developed as a part of this economic overview has been used primarily as a frame-work for identifying critical future needs and areas subject to acute development pressures. The principle findings 13 of this economic analysis will also be used in conjunction with the ®@ preparation of the Environmental Impact Assessment for the proposed management plan. The basic elements of this work task included: 1) a review of the past performance and trends in the economy of the Territory; 2) a compilation of ail pertinent data currently available detailing population, employment, and earnings estimates for the islands; 3) a review of all recent research concerning general economic and business conditions including the tourist industry, government finances, port facilities development, cost of living, and industrial incentive aad programs; 4) a detailed examination of all major planned or proposed public and private projects in the coastal zone; 5) an assessment of future use requirements for the Virgin Islands’ coastal zone resources. Coastal Aesthetics Assessment. A series of studies were conducted to a identify those shore areas of high aesthetic value most in need of protection. After assessing variations in visual character. the entire shoreline was catedorized accordina to character-tvoe. These. classes were then sub-divided according to amount of development and shoreline configura- tion. Urbanized shores were categorized as either industrial or har- bors. Each segment of the shoreline was then evaluated in terms of visual quality, relative abundance or scarcity of a particular shore type, and the probable relative impact of development on existing character. Based on these assessments, a composite evaluation was assigned to each of the segments. The evaluations were used to assist in deter- mining areas for preservation and conservation and to identify areas which can best accommodate development. < r Public and Governmental Invelvement and Federal interaction Federal interaction and Public Governmental Involvement have served to generate input utilizea in developing permissible land and water uses, designating areas of particular concern, ©} y developing site specific recommendations and a general land and water use plan, and develop- ing organizational and authorities mechanisms for implementing the program. The full text cf these elements -is found in Appendix A, and Appendix 8, Federaj Interaction and the National Interest. PUBLIC AND GOVERNMENTAL INVOLYEMENT - The CZMA requires extensive public and governmental involvement. As a part of this efYort to encourage and inform a full range of interests concerning program development, several tasks were undertaken. A mailing list of approximately 500 was compiled consisting af "affected" and ather interested publics, and governmental personnel, Easily obtainable and comprehensibie documents have been prepared to date. These include a brochure, an overyiew publication, forms for public nominations of areas of particular concern, and a newsletter, A number of articles have been placed.in special newsletters published by the League of Women Voters, the Department of Conservation and Cultural Affairs, and the Diving Association, Use of the media has taken seyeral forms. Newspapers were utilized to inform the public of program status and development through a series of press releases and articles, A newspaper survey “The ¥.1. Coast - What Do You Think?" was also completed. A monthly CZM newsletter, "Sea Words" was initiated in February 1977. A film “It's Your Coast" (loaned from NOAA-0CZM) was adapted to the Virgin Islands context and teleyised locally. Representatives of the CZM program appeared on "Midweek," a weekly television talk show praduced by public television and oriented toward timely or controversial issues of local importance. Three Advisory Committees were formed. A Technical Advisory Committee jis a droup of scientific and technical persons who provide input from their areas of expertise. An Qpen Beach Committee established pursuant to the Y¥.I., Open Shorelines Act, advises on policy matters and an Interagency Coordinating Group (monthly meetings of mid-level Y,I, agency personnel } has been used to disseminate information concerning program deyelopment. This document js geared to continue the opportunity for private citizens, territorial and Federal agencies to participate in the program development process. FEDERAL INTERACTION AND THE NATIONAL INTEREST The CZMA also sets forth a new relationship between Federal agencies and the coastal states Mas and territories. As a requirement of the Act, Federal agency activities, developments, and assistance must be consistent, to the maximum extent possible, with an approved program. Accordingly, there must be consultation and coordination with relevant Federal interests, and a consideration of the "national interest." In meeting this requirement, all relevant agencies have been identified and formally contacted and offered the opportunity for fuil participation. The input and involvement nas been continuous, ranging from initial contact and request for clarification of their "interest" to nominations of areas of particular concern, to review of this program (Appendix B). To date there has been no major conflict or dispute, The national interest has been represented by the various Federal agencies in the consul- tation and coordination process. As with the Federal agency input, it has been a consideration “tn developing the program elements such as defining the boundary, designating permissible and priority uses and areas of particular concern , and developing various recommendations. This coordination nas also assisted in the Development of Coastal Land and Water Use Plan {Chapter Five), and Developing Mechanisms for Implementation (Chapter Eight). CHAPTER 3 Context for Planning: Background and Satting This chapter will focus upon the context in which the Virgin Islands CZMP has bean developed. It explores the natural, social, and economic resources and the human activities which make the coastal area important and special. It also outlines the institutional-political setting .within which the program has evolved. Through a historical analysis of coastal related legis- jation and activities, the major legislative acts and existing authorities concerned with coastal zone management are documented. Finally, the major entities of the Virgin Islands Government which are invalved in coastal matters are identified and their rasponsibilities are outlined. Resource Seiting: An Imageof the Virgin Islands The Yirgin Islands are culturally and environmentally distinct from the other states and territories of the United States. Since this program intends to reflect the special needs and the unusual environment of the Virgin Islands, it is important to present a descrintion of the islands'’physical setting. The U. S. Yirgin Islands are composed of three main islands: St. Croix, St. Thomas, and St. John, and more than 60 smaller islands and cays. The islands are located 1650 statute miles* from New York City, 1150 statute miles from Miami, and 550 statute miles from Port of Spain, Trinidad. (See Figure 3.1). . St. Thomas is located 40 miles north of St. Croix. St. dohn is situated 3 miles directly east of St. Thomas. Of the 60 smaller islands and cays ranging in size from under 1 acre to almost 500 acres, all but 4 are located in the waters surrounding St. John and St. Thomas. | The Isiand of St. Thomas covers an area of 28 square miles. The Virgin Islands Department of Health estimates the population to be about 45,000. Numerous offshore islands and cays around St. Thomas, such as Water Island, Hassel Island and Thatch Cay, add approximately 4 * 1 Statute Mile = 5280 feet. FIGURE 3.1 THE US, VIRGIN ISLANDS | | eB Mf Atlantic Ceean (8° 26' rT Ry) &h iat Qoob atk ts __ ——— Pe 4 wer QF ak & er Crarleit Amali en Ota cnn \ ah savana lt. ) @l 182 18! @ O ST. THOMAS \@ ST. TOHN Ps) @ frervch Cao °N = [orto 9B° \" (60° Lean fea, Mami 7 ar m1, P ‘ vis ay sy % ATLANTIC AL ? OCZAN, Dh ite UbA |B? O2! 20° it VIRGIN ait an Juan_ 15) i Republiclis ~ Jamaica \ Puerto Carribbean DEA bee _|—P 3 tr CARRIBEAN SEA zd aA 2 i 72 a! —_———4 a \ Caracas * 3 | e (od oO mues| ¢ mu if alwecezvele ITT I Ae \ | Derek Island (7246 165°08' 65° OO! Christiansted | Freden ksted ST CROIX aH 2.3 Io | O42 52° lerag lea? 36" MILES 18 square miles to the land area. St. Thomas is approximately 12 miles long and 3 milés wide at its widest point. St. Croix is the largest of the U. S. Virgin Islands, 22 miles from east to west and 6 miles at its widest point for a total land area of 84 square miles. St. Croix's estimated population is 48,000. ) St. John is the smallest of the three main islands with an area of 20 square miles. The Virgin Islands National Park encompasses one half of St. John's land area and much of the surrounding water. St. John's population is 2,200. The unusual scale of the U. S. Virgin Islands (total area 135 square miles, 90,000 popu- lation} presents rigorous constraints on potential activities and limits options for planning. In small islands systems such as the Virgin Islands very little can occur in isolation. Resources are scarce and particularly fragile. Environmental, visual, social, and economic impacts can be felt immediately throughout the entire island system, It is important to note that because of the small scale of the Virgin [siands, there can be little distinction between the islands as a whole and the coastal areas. The coastal waters Surrounding the Virgin Islands are, with few exceptions, of very nigh quality. For the islands as a group, rainfall averages 40 inches per year. The average annual temperature is 80 F. The islands are directly in the path of the easterly trade winds, and as a result, the 40 inch rainfall does not reflect the amount of useable water due to warm, temperatures, drying winds, and rapid runoff. There are no perennial streams in the Virgin Islands. Extensive alteration of the islands! ecosystems, through burning, mono-crop agriculture (sugar cane), and the subsequent regrowth of scrub vegetation have eliminated free flowing streams, During the periods of intensive rainfall, up to 6 inches in 24 hours, runoff through “guts” can produce serious lowland flooding and a temporary lowering of coastal water quality. As a general condi- tion the coastal waters are exceptionally clear due to the lack of sediments and nutrients from rivers. The high water quality and clarity in turn provide ideal conditions for the development of coral reefs. Excellent examples of coral reef ecosystem can be found in the waters around all three niain islands and many of the offshore cays. in the numerous embayments, sand, derived mainly from the breakdown of reefs and shells, accumulates to form the beaches of the islands. In protected bays the very highly productive ecosystem of red, white and black mangrove can develop. Clear tropical water, coral reefs, white sand beaches and mangrove lagoons comprise the main physical elements that distinguish the coastal environment of the U. S. Virgin Islands. aoe 19 INTERRELATIONSHIP BETWEEN THE MAIN ISLANDS AND REGIONAL SETTING Tortola and the other British Virgin Islands are only 1.5 miles northeast of St. donn. ~ e i he international boundary between the U. §. Virgin Islands and the British Virgin Isiands aiso delineates the northeast coastal zone boundary. There exists a strong physical and social re- lationship between the U. S. and British Virgin Islands. For example, much recreational boating activity originates in St. Thomas but utilizes the excellent sailing of the Sir Francis Drake Passage of the British Virgin islands, In addition, environmental impacts from dredging and other coastal pollution could probably be felt in the coastal waters of the U. S. Virgin Islands. Thus, stronger coordination. of coastal policies between the U, S. and British Virgin Islands is needed. The nearest point of the Island of Puerto Rico is 40 miles west of St. Thomas. On a clear day St. Thomas, St. Croix and St. John are easily visible from one another. There is, in fact, a yery strong visual relationship between the U. S. Yirgin Isiands, the British Virgin Islands, and Puerto Rico and its islands of Culebra and Vieques. THREE ISLANDS - THREE PERSONALITIES ‘ ‘* Although the three main islands are in close proximity to each other, they are distinct with respect to character and land form. St, Thomas is distinguished by rugged topography and a highly irregular coastline. Over 70 percent of the island's area is comprised of slopes over 20 percent. The steep hills rise to a maximum elevation of 1556 feet above sea level at Crown Mountain. St. Thomas; 53 miles of shoreline.is characterized by large expanses of steep rocky shoreline, an excellent and nistoric harbor at Charlotte Amalie, sand beaches, and a large mangrove lagoon. The jsland has abundant scenic hills and coasts, but there is little flat land suitable for extensive construction. It also functions as the commercial and tourist center of the Virgin Islands, The topography of St, John is similar to St. Thomas. Over 80 percent is made up of hillsides with over 20 percent slopes, The striking aspect of St. John is the extensive areas of undeveloped hills and white sand beaches. With a population of only 2,200 and with just over one-half of the land area managed by the National Park Service, St. John presents an extraordinary scene of 20 wey . see tranquility and beauty. The surrounding waters deserve special mention for their colors and clarit.. St. John has just over 50 miles of shoreline. Forty miles of open sea, much of it over 1000 fathoms deep, separates St. Croix from St. Thomas and St. John. Unlike St. Thomas and St. John, which are primarily of volcanic rock, St. Croix is composed of both volcanic and the limestone of former coral reefs. In contrast to the other islands, over 50 percent of St.Croix is comprised of land with a slope of under 10 percent. The.64 miles. of St. Croix's coastline are characterized by a "coastal plain" in the southwest, a drowned estuary (now a mangrave lagoon), very steep cliffs in the northwest. an extensive salt pond-sand beach at the southwest point, and fine pocket beaches in the shallow embayments. The most remarkable features of the coastal zone of St. Croix are the magnificent “barrier” coral reefs and algal ridges that fringe much of the island. THE INDISPENSABLE FUNCTIONS OF THE COASTAL ZONE It has long been recognized that the coastal zone plays a vital role in the life of every resident of the Virgin Islands. The coastal zone is not simply important: it is the essential resource that makes the islands what they are today. Such diverse demands as petroleum refining, major port activities, as weil as breeding grounds for endangered species like the Hawksbil7 Seaturtle, the Brown Pelican and the Humpback Whale, depend significantly on the coastal resources. The Virgin Islands National Park on St. John, Magens Bay Beach on St. Thomas, and Davis Beach on St. Croix are all examples of the recreational resources.of the coastal zone. Enthusiasts of big game fishing, sailing, and scuba diving find unsurpassed opportunities in the Virgin IsTands coastal zone. World record marlin catches and world famous scuba diving and snorkeling locations, such as Buck Istand Reef National Monument, make the Virgin islands Coastal Zone a resource of vast economic and recreation-value. Great:potential value-exists in the experimental maricuiture and sea thermal energy projects now on-going. in the coastal zone. Important areas of the historic towns of Charlotte Amalie, Christiansted, and Frederiksted have béen designated as Architectural Districts and placed on the National Register of Historic Places. Within these historic areas one can easily view evidence of the Danish influence on the islands. The coastal zone contains 12 archaeological sites that are listed in the National Register. These sites provide a glimpse of early Indian culture on the islands. Scattered throughout the islands are the many remains of sugar plantations. These, too, are historically important and provide the visible link to the islands' agricultural past. The coastal zone is literally the life line of the islands. From providing seawater for the 21 ¢¢ 8 desalination plants, or the parts from which most food and goods enter the islands, to providing the resource base for the most important industry, tourism, the coastal zone performs an indis- pensable function to the peopie of the Virgin Islands. Hence, developmental potential must rely on careful cultivation of coastal assets. Economic Setting The population of the Virgin Islands has svrinied in the past sixteen years, from about 32,000 in 1960 to an estimated 95,000 inhabitants in 1976 (Virgin Islands Department of Health estimates). Population growth has been largely attributable to an influx of migrants from the ‘nearby islands, and to a lesser extent, migration from the continental United States. The Planning Office estimates that almost 60 percent of the population growth for the 1960-1976 period was attributable to in-migration rather than natural increase, This rapid growth has occurred largely as a result of increased employment opportunities associated with both a developing tourism industry, and numerous territorial government policies which have encouraged economic development. As a result of this economic growth Virgin Islanders enjcy a standard of living which is. unsurpassed in the Caribbean. Estimated personal income @ per capita was $3,200 in 1972, approximately the same as for the state of Mississippi which ranked last in per capita among the states. The national estimate for the same year was $4,500. te ECONOMIC BASE OF THE. TERRITORY The single most significant economic activity in the territory is tourism. In 1973, it was estimated that this industry was directly responsible for 20 pereent of all employment in the istands. Indirect employment attributable to the tourist industry accounted for an additional 16 percent of the total. Expenditures by tourists in 1975-76 were about $162 million. The industry has grown dramatically since 1960: annual visitor totals have increased from about 200 thousand to well over a million, tourist expenditures have increased to more than six times the 1960 leyel, and the number of overnight accommodations has grown from 1400 rooms in 1960 to more than 4000 in 1975, Territorial governmental investment incentive programs have greatly aided the development of the tourist industry, especially hotel construction activities. Approximately 40 percent of the overnight tourist accommodations in the islands have been built, or are presently operating with some form of tax exemption, In addition, very low property tax @ assessments and rates have encouraged numerous second home developments by off island investors. In spite of the many tax incentives available and increasing level of tourist visitation, several large hotels. on St. Croix and St. Thomas have been forced to close in recent years because of low occupancy and high operating costs. In 1976 the hotel occupancy rate for the territory as a whole was about 60 percent. Overnight hote] visitors continue to play a.cantral role in the tourism industry; however, the relative importance of this type of tourtz= activity has diminished in recent years. An increased level of day-trip shopping and sicercssaing by visitors from Puerto Rico. and the many cruise ships which regularly call in the islands nas accounted for this relative decline. In spite of some recent shifts in charter boat activity out of the territory to the nearby British Virgin Islands, this sagment of the tourist industry has also increased in importance in recent years. : St. Thomas is the focal point for most of the tourist industry in the territory. More than three-fourths of all air visitors to the islands spend some portion of their stay in St. Thomas. In addition, the vast majority of cruise ship calis are also made to St. Thomas. in 1973, tourist expenditures in. St. Thomas and St. John accounted for seventy percent of the totai tourist spending in the islands. EMPLOYMENT. SUMMARY Total employment in 1970 was 35,000 and by 1977 it jis expected to. reach 40,500. The most prominent feature of the employment situation is the large local government sectcr, about 25 percent of total employment. The construction and manufacturing sectors have almost doubled in size over the past 10 years. The number of workers engaged in construction has arown from about 2700 in 1965 to 3400 in 1977. Manufacturing employment increased from 1600 to 2900. Most of the manufacturing employment is accounted for by the two large industrial operations on St, Croix, Hess Oi] and Martin Marietta Alumina, In: addition to oi] refining and alumina-orocessing, other manufacturing activities include watch assembly, textiles, and the production of rum. Retail trade establishments, with an estimated 1977 employment of 5600, represent the largest single industry in the private sector. Hotels and lodging places account for an additional 2900 employees; personal services, 2500; transportation, communications, and utilities, 2200; and finance, insurance, and real estate, 1500, Self-employed, domestics, and unpaid family workers have constituted a sizable portion of @ of the employment total in recent years, and these workers comprised about 15 percent (5400 employees} of the total in 1977. The actual size of the agricultural and fishing industries is difficult to determine since most of these workers are self-employed or part-time only. Local astimates for covered employment (estimated 200 employees) undoubtedly understate the importance of the fishing industry in oarticular. There are presently about 500 licensed commercial fishermen and an additional 450 helpers in the islands, The ayerage number of days fished per month its low (5.2 days}, indicating a great deal of part-time employment, The total fish catch for 1974-]975 was valued at about $1 million. In addition, an estimated 50,000 pounds of jobster was harvested from nearby waters. With the exception of several dairy and liyestock operations and some smal? scale truck farming, tnere is little commercial agricultural activity in the territory, There have been sharp increases in the unemployment rate in the past three years, from about 5.5 percent in fiscal 1974 (weekly average 2200), to 10,8 percent in fiscal 1976 (4700 per week). By December 1976, the unemployment rate was astimated to.be about 8.3 percent with about sixty percent of the jobless residing in St. Croix, The unemployment rate for 1977 is estimated to be about 8.5 percent (weekly average 3800). FUTURE POPULATION AND EMPLOYMENT Population projections for the territory indicate that, by 1985, the resident dopulation total may reach 120,000, an increase of about 25,000 over 1976 estimates. More than 60 percent of this increase in expected to occur in St. Croix. Based upon the projected population, the territorial labor force will total more than 54,000 in 1985, and increase of 11,000 workers over the 1976 levels. About 7,000 of these new workers would reside on. St, Croix with the re- mainder on St. Thomas and St, John. Thus, in order to maintain full employment, about 1200 new jobs must be added each year throughout the territory through 1985. EXISTING SHORELINE USES AND FUTURE NEEDS A summary of present shoreline uses and a brief assessment of likely future needs is in- cluded below. Recreation, Conservation and Open Space ~- The coastal zone is perhaps most widely used for recreation. The territory's fine sand beaches are enjoyed by residents and tourists alike for swimming, snorkeling, fishing, picnicking, sunbathing, or jogging. Offshore waters provide some © of the best boating, sport fishing, and diving in the world. Harbor and waterfront areas supply > a variety of recreational apportunities for island residents and visitors. Undeveloped mangroves, salt ponds, and rocky shores provide open space and wildlife habitat and areas for observation and enjoyment of natural features. With the exception of National Park Service land on St. John, very little of the shoreline is protected for conservation use. However, a territorial park system is being planned which could increase the amount of shoreline set aside for conservation and recreation in the future. Recreational Boating - The growth in the popularity of water sports, especially charter boat sailing and sports fishing, has resulted in the development of approximately 20 marina and boat yard facilities in the Virgin Islands cver the past 15 years. While the water sports industries and related facilities are primarily tourist-oriented, they also serve many island residents. Because of its proximity to the excelient sailing and fishing waters of the offshore cays and the British Virgin Islands, the St. Thomas boating industry has flourished. Extensive marina development nas occurred in the East End, notably in the Vessup Bay and Benner’ Bay areas of the island. Estimated boat population in the Yessup Bay area has increased from 15 in 1962 to 105 in 1975. Increases in the Benner Bay - Lagoon Area have been more dramatic, from aight boats in. 1962 to 310 in 1976. Other important boating facility developments in the territory which have experienced similar growth trends include the Charlotte Amalie Harbor area, the Christiansted Waterfront, and Cruz Bay on St. John. Based upon projected national boating trends, potential for expansion of the boating industry in the Virgin Islands is substantial; however, existing marinas are near capacity and ‘new facilities would be required to accommodate any large increases in activity. The development of the new Southport on St. Croix may allow for some additional marina development jn the Gallows Bay area of Christiansted and along the Frederiksted waterfront. Port Authority proposals for the Crown Bay area of St. Thomas and Enighed Pond, St. John include provisions for marina facilities. Commerce and Industry - The traditional activity centers of Charlotte Amalie, Cruz Bay, Christiansted, and Frederiksted are the Jocations for most af the commercial activity in the Virgin Islands. Important inland centers include the Tutu area of St. Thomas and cantral St. Croix. It.is. expected that most tourist-oriented shops wil] continue to locate in the existing urban areas. AS a result, it is likely that downtown re-development will occur in St. Thomas and St. Croix. Continued traffic congestion and high rentals may encourage some dispersion of locally oriented retail shops into the developing areas of central St. Croix and eastern St. Thomas. Light industries such as textiles and watch assembly have been encouraged to locate in the territory through a program of tax incentives; however, there are few suitable development sites presently available on St. Thomas. Aside from the public utilities operations, there is no heavy industry in St. Thomas or St. John. A limi ted area at Sub-Base St. Thomas is presently zoned for this type of industry. - . + The three large industrial operations on St. Croix are all located on the southern shore and all have adequate space for any expansion they may require. Some adjacent upland areas are currently zoned for industrial uses. A total of about 2,000 acres is zoned for heavy industry on St. Croix. The development of the new Southport may be an impetus to future industrial activity in this area of the island. Because cf the port location and the existing industrial activity there, it js likely that St. Croix would be favored over St. Thomas as a location for future industrial deveiop- ment. Oil Refineries - The Hess O11 Virgin. Islands Corporation operates a 750,000 barrel per day oi] refinery on the south shore of St. Croix. In addition to the Hess refinery, all necessary permits have been approved for the construction of a 200,000 barrel per day refinery (VIRCO) aon a site adjacent to the Hess Comptex. The St. Croix facility.places the Virgin Islands among the leaders in refining capacity for states and territories. In comparison, the 37 refineries in the State of California have a total refining capacity of 1.9 million barrels per day. More than one-half of this capacity is accounted, for by 15 refineries in the Los Angeles area. The single Hess facility has the Capacity to pro- duce about 70 percent of total output of the Los Angeles refineries. Tourist Accommodatims - Overnight tourist accommodations in the Virgin Islands have increased from 1400 rooms in 1960 to more than 4000 in 1975. One-half of these facilities are located on St. Thomas, 45 percent on St. Croix and the remaining 5 percent on St. John. Sixt¥-six percent of these rooms are located on beachfront sites. Several hotels in the Virgin Islands are presently closed as a result of. low occupancy rates and high operating costs. Even with substantial increases in air arrivals, the large, hotel-type, beachfront facilities may face difficulties as a result of these problems. The necessity far pur- chasing potable water is often a contributing factor to high operating costs. It does not seem likely that these kinds af tourist accommodations will require expansion. Smaller and jess ex- pensive facilities, such as local guest houses and condominium rentals, will likely receive in- creased use in the future. Transportation - Transportation uses are among the most crucial land and water uses in the territory. The economy of the Virgin Islands is almost completely dependent upon the tourism industry and external trade. Seaport facilities including cruise ship and commercial docking, warehousing, and distribution centers are more highly developed on St. Thomas than on the other islands. These include extensive port developments at the West Indian Company Ltd., limited V1. Port Authority facilities at Crown Bay in Charlotte Amalie. Today's cruise ship volume and cargo tonnage are handled by substantially the same physical plant which existed in 1960. 26 if The West Indian Company has proposed new facilities from Long Bay - Charlotte Amalie Harbor. The V. I. Port Authority has proposed new facilities from Crown Bay and Cruz Bay. Existing port facilities at Gallows Say will be largely replaced upon completion of the new Southport development on St.Croix. Air transport capabilities for the territory will be assured upon completion of improvements at Truman and Hamilton airports. Tne Charlotte. Amalie waterfront aiso includes the main nianway transportation route for the island. Future requirements for land transportation uses are de- pendent in part upon decisions regarding public transport. A successful public transit system will likely lessen congestion and rediice expansion needs. Increasing demands for both airboat and inter-island ferry facilities may require additional shoreline areas for parking, loading, etc. 4 i Agricu ture and Fishing - The territory produces only a small part of its own foods needs, yet it has some potential to expand production. About 85 percent of the land suitable for farming in the Virgin Islands is located on St. Croix. Crop farming has been declining consistently for a number of years and only a few small scale truck farming operations presently exist. Aside from some grazing and related livestock uses, there is little agricultural activity in the coastal areas. Tarritorial meat production is currently about 5 percent of total consumption. Recent studies have indicated that there is some potential for axpansion of livestock operations on St. Croix. As with agricultural products. local demand for fish and seafoods far outstrip local pro- duction. It is estimated that current harvesting of traditional species approximates the maximum sustainable yield. While some increase is possible by harvesting non-traditional species, har- vest increases for most species will be madest at best. Recent studies have shown that improved equipment and marketing facilities can increase the profitability of local fishermen. Shoreline uses which are directly related to the fishing industry include the commercial marinas and boat yards throughout the territory as well] as numerous areas along the urban waterfronts which are used for selling fisn, boat storage, etc. In addition, there are many areas of the shoreline {including some sandy beaches) which can-be considered to be traditional use areas for boat build- ing,-repair and storage. Public Utilities - Electric power generation and desalination facilities are highly centra- lized and occupy only two sites in the Virgin Islands. All production facilities on St. Thomas are located at Krum Bay with water storage tanks nearby in the Subbase area. While some additional desalinization capacity may be necessary in the future, no additional need for production sites is anticipated. The St. Croix facilities in Christiansted are ample for expected demand there. The Island of St. John is served by underwater electric cable and water barged from St. Thomas. Some additional water storage areas may be required there; however, no production facilities are 27 oH, contemplated. Groundwater supplies now being developed on St. John will eventually be used to replace the barged water supply. The wastewater collection and treatment systems on St. Croix are nearing completion and no major extensions are planned. Two additional treatment systems will be added for the East End of St. Thomas, in the Smith Bay area, and a large treatment plant in Bovoni in the vicinity of the Mangrove Lagoon. This latter system wii] eventually serve most of the Turpentine Run drainage basin. The existing plant south of Truman Airport will be relocated as part of the airport improvements plan; however, the new site is in the same general area. A treatment plant for the Cruz Bay area of St. John is planned in the vicinity of Enighed Pond. Solid waste disposal is a major problem for ali three islands. The present St. Thomas land- fill site at Bovoni is near capacity and a new disposal method or site must be found scon. Similar problems exist on St. John and St. Croix. Residential Areas - Population increases have brought about dramatic changes in residential Jand use patterns throughout the territory. Charlotte Amalie, Cruz Bay, Christiansted, and Frederiksted continue to be important centers for commercial activity; nowever, their importance as residential centers has declined in recent years. Most new housing developments in the last 10 years have Jocated in the formerly rural country- Side, contributing to urban sprawl conditions in some areas. On St. Thomas, the most striking changes are those which have occurred on the eastern end af the island. In 1960, the combined population of East End, Red Hook, Frenchman's Bay, and New Quarters was 900; the estimated population of these areas in 1975 was 18,500. Growth in the Cruz Bay area of St. John has accounted for almost all of the population increase on that island. Central St. Croix (Company, Queen, King, and Prince Quarters) nas grown from 5,200 inhabitants in 1960 to an astimated 29,000 in 1975, An increasing need for land for residential uses is a certainty. Expected population increases will result in the need for about 7200 additional housing units in the territory by 1985, Because of the costs involved, it is likely that effective demand for residential land will be drastically curtailed in the absence of Federal or territorial subsidies, Demand for retirement and second homes will continue to be available at yery high prices. The topography of many coastal areas precludes their use for intensive residential deyelopment; therefore, most new housing must be located inland. CXISTING ZONING The zoning districts for the Virgin Islands are shown in Figures 3.2, 3.3, and 3.4.* Important characteristics of the districts are summarized below. It should be noted that, in most instances, there are a wide variety of uses which are permitted as a matter of right for a@ach zoning district. Agricultural Districts (A-] and A-2):- The primary purpose for the A-1 District is to maintain potential agricultural lands. Each parcel of property must have a minimum area of forty acres. There is a maximum of two dwelling units per parcel. The A-2 designation js for acres suitable for small scale agriculture such as truck farming. The minimum Tot size is two acres with not more than two dewlling units per lot. Residential Low Density (R-1 and 2-2) = The minimum lot size for the R-} District is 1/2 acre. Up to two dwelling units per lot are allowed (maximum 4 dwei ting units per acre). Minimum Tot size requirement for the R-2 zone is 10,000 square feet with a maximum of 2 dwelling units per Tot (maximum of 8 dwelling units per acre). The maximum height for structures in both districts is 2 stories. Residential Medium Density (R~3 and R-4) - The R-3 district is primarily for medium density hotels and multi-family dwellings. The maximum number of persons per acre for residential structures is 80. The minimum lot size per parcel is 6,000 square feet and the maximum height for structures is 6 stories. in addition, at least thirty-five percent of the parcel must be re- served for usable open space. The minimum lot size for. R-4 js 3,000 square feet and the maximum number of persons per acre is 120. The height limitation is 3 stories. Residential High Density (R-5) - The maximum number of persons per acre is 160 with a minimum lot size of 10,000 square feet. Thirty-five percent of the parcel must be reserved for usable open Space; The height limit is 8 stories. Business Districts (B-1 through 8-4) - The business zones range from 8-1, the central business districts, to B-4, business-residential areas. These districts cover a range of business activities < from downtown shopping areas to neighborhood convenience centers. Commercial District (C) - The commercial zone includes those uses which are business-oriented but with some characteristics of light industrial activities. For example, these uses include such activities as service stations, automobiles dealers, warehouses, and laundries. Many of the per- mitted uses in the commercial district are also included in the light industrial zone (1-2). *These figures were included in the Draft EIS. 29 ay Present and Future Shoreline Uses The economic and population growth that has occurred in the Virgin Islands since 1960 has rasulled in extensive development of many areas of the coastline. The principal mechanism which has been used to allocate and manage land uses in the territory is the Zoning Law. Since many future land and water uses will be dependent in part upon development patterns associated with the present zoning, the existing system is an integral part of any future pianning process. ZONING ZONING LAW The Virgin Islands’ Zoning Law establishes seventeen separate zoning districts, ranging from agricultural, residential, industrial, and waterfront to public use-classifications. In all of the districts, a variety of uses are permitted as a matter of right, as accessory, or under specified conditims. The present. Zoning Law was enacted in 1972 (Act. No. 3284). All zoning changes or amendments require legislative and gubernatorial approval. The Department of Public Works. through a Zoning Administrator. is responsible for the administration and enforcement of the provisions of the Zonina Law. The Administrator is vested with some limited discretionary approval authority over permits for the use of land. The depart- ment reviews ail permit applications, issues aj] certificates. of occupancy, interprets the zoning district maps, institutes legal action to enforce the provisions of the law, and makes recommen- dations ta the Planning Office and Legislature for changes in the Law. Appeals of decisions of the Zoning Administrator and grants of variances are reviewed and decided upon by the Board of Zoning, Subdivision and Building Appeals, The Law sets specific procedures for Board action including a requirement for findings to be made on all decisions, A two-thirds majority yote of the members of the Board is required to reverse an order to the Zonina Administrator. Appeals of decisions of the Board are taken directly to the Virgin Istands District Court. The Planning Office authority in the administration and enforcement of the Zoning Law involves the following: reviewing applications for specified types of projects and submitting its findings to the Zoning Administrator, preparing and submitting advisory opinions to the appeals body,. and preparing reports and conducting public hearing on proposed amendments to the Zoning Law and Zoning District Maps. . Industrial Districts (I-1 and I-2) - The heavy industry zone. I-1, includes those uses such as Hess, Martin Marietta, and the Water and Power Authority plants. The light industry zone (I-2) encompasses a-wide range of uses such as warehousing, Jight assembly, textile manufacturing, contracting, as well as many of the same uses permitted in the commercial district. Waterfront Districts (W~1 and W-2) - The law establishes two waterfront districts, Wel Water- front-Pleasure and W-2 Yaterfront-Industrial. The W-7 zone is primarily a recreation zone, and permitted uses include marinas, marine terminals, parks and recreation areas, hotels, and guest houses. The Waterfront Industrial District (We2) permits a variety of marine-related: and industrial uses, . _ "ae Public District (PB) - Publicly owned properties fall into this category. Uses may vary widely, _ from recreational areas to schools, airports, offices, sewage treatment and solid waste disposal. OVERVIEW OF ZONING IN THE VIRGIN ISLANDS Seventy percent of the Island of St, Thomas is zoned for low density residential uses (R-1 and R-2}. The town of Charlotte Amalie is the sorimary business and commercial cenier. Less than 5 percent is zoned agricultural and less than .5 percent is zoned industrial. The water- front districts comprise about 4 percent of the island. Most of this total is made up of smail W-1 parcels. Excluding the Charlotte Amalie town area, shoreline zoning is characterized by exten- sive low density residential districts (R-1 and R=2) with numerous smaller enclaves of medium density residential (R-3) and waterfront-pleasure (W-1). All of the offshore islands and cays are zoned R-1 or P. More than one-half of the land area of St. John is National Park Service land and is zoned P. There is very little development of any kind within the park, Most of the inholdings are Tow density residential areas (R-1 and.R-2)}. For the island as a whole, about 42. nercent is zoned R-1 or R=2. Approximately 3 percent is zoned for medium density.residential (R-3 and Re4) uses. Business uses comprise about 1 percent and waterfront-pleasure districts are 2,5 percent. Aside froma few acres. of W-2 zoning, there are no industrial districts on the island, Most of the shoreline is zoned P while most of the privately held coastal parcels are either lowrdensity residential or waterfront-pleasure, Low density residential districts comprise 54 percent of the land area of St. Croix. Medium density residential is an additional 7 percent. Almost 25 percent is zoned agricultural and about 1 percent is business and commercial. Slightly more than 5 percent is zoned for industrial uses “ith two-thirds of this zaned for heavy industry, The waterfront districts are about 2 percent of the total area. The W-1 district makes up almost all of this total. The St. Croix coastline js 31 < characterized by large areas of low density residential zones with large public, industrial, and agricultural districts along the south shore. There are fewer W-1 Districts on St, Croix than on St. Thomas; however, the total W-1 acreage on St. Croix is larger. MAJOR PLANS/PROPOSALS IN THE COASTAL ZONE As a result of the recent economic slowdown in the Virgin Islands and in the United States, many of the development pressures upon the shoreline have subsided. In spite of this easing of pressures, there are several major planned/proposed projects which, if carried out, will signi- ficantly impact bath the economy and the coastal environment of the territory. The major development proposals for the Virgin Islands coastal areas have been identified and a brief description of each is included below. This listing includes: a) projects for which territorial and/or Federal permits have already been approved or are presently being sought or b) projects for wnich extensive engineering and/or feasibility studies have been completed and which are presently being considered. There are nine major development proposals for the Virgin Islands shoreline which are now under consideration or awaiting start of construction. The location of these proposed arojects is shown in Figure 3.5, St. Croix (1) Virgin Isiands Refinery Corporation (YVIRCO). All permits have been approved for a 200,000 barrel per day petroleum refinery and a submarine pipeline ex- tanding 2 miles offshore to a marine terminal. The 300 acre site is located adjacent to the Hess 011 Refinery on the south shore of St. Croix. (2) Hess O71 Virgin Islands Corporation (HOVIC) Offshore Terminal and Submarine Pipeline. This project consists of a crude oi] terminal 2 miles offshore from the existing HOVIC Refinery and a connecting submarine pipeline. Very large trude carriers (oi] tankers’ larger than 200,000 dead weight tons) would be unloaded at the offshore terminal. U, S, Army Corps of Engineers approval is pending. (3) St. Croix Southshore Public Port. New public port facilities to be operated by the Port Authority will be constructed by HOVIC between the existing Hass and Martin Marietta ports. The new facilities will include: 1400 feet of pier sheet-pile to accommodate the mooring of vessels up to 32 foot draft; 32 FIGURE 3.5 DEVELOPMENT PROPOSALS 3 > - 5, ap =| 5 i 2 a ” a Da ~~ 32 ST. CROIX 3ST. THOMAS 1. Virgin islands Refinery Corporation (VIRCO} 4. Truman Airport Improvements 2. Hess Oil Virgin Island Corporation (HOVIC) 5. Port Authority Crown Bay Development Offshore Terminal and Submarine Pipeline: 6. Veterans Drive Waterfront Improvements 3. St. Croix South Shore Public. Port. < 7. West Indian Company Lid. Long Bay Development 8. Mangrove Lagoon Area - Waste Water Treatment Facility ST. JOHN 9. Enighed Pond - Cruz Bay 33 (6) . 100,00 square feet of asphalt paving for the pier; complete "roll-on," "roll-off" facilities for handling containerized cargo; a 30,000 square foot warehouse; a gatehouse; facilities for U.S. Customs; and asphalt paving for the access road from the port to the Cross Island-Express- way. This project will require some dredging. between the existing Hess and Martin Marietta channels. Project approval by the U. 5. Army Corps of Engineers is pending. St. Thomas Truman Airport Improvements. This project has been approved and construction is scheduled to commence in mid-1977. Eight and one- haif million cubic yards of fill will be used to create a site for a lengthened runway and new tarminal in the Lindbergh-Brewer's Say area. Completion of this project will allow the St. Thomas air- port to accommodate much larger jet aircraft than at present. Port Authority Crown Bay Development. Preliminary planning and feasi- bility studies have recently been completed. The plans call for the development of between 29 and 59 acres of fill in the Crown Bay-Sub Base area for cruise ship docking, cargo and warehousing, commercial space and a complete marina facility. Veteran's Drive Waterfront Improvements. The Department of Public Works has prepared a number of alternate highway improvement plans designed to correct traffic congestion problems along Veteran's Drive on the Charlotte Amalie waterfront, and to improve access between the downtown area and East End of St. Thomas.. All of the alternatives would require filling a portian of the harbor and some relocation of existing facilities in the vicinity of the Senate Building and Frederiksberg Point. ‘West Indian Company Ltd. Long Bay Development. Extensive development proposals were outlined in 1971 including large-scale dredge and fill activities in the Long Bay area with some of the filled land being deeded to the territory. A Memorandum of Understanding was executed in 1972 between the U. S. Department of the Interior, the Virgin Islands Government, the West Indian Company Ltd., and other 34 say 8) parties of interest which affirmed the 1917 treaty rights of the West Indian Company Ltd. to dredge and fill specific areas of the harbor. The Memorandum was amended in 1975 to transfer certain rights and obligations of the Department of the Interior to the Virgin Islands sovernment. Under terms of the agreement, a total of 29 acres may be filled in the vicinity of Frederiksberg Point, Long Bay Beach, and at Haven- sight Point: The fil] material would be taken from Long Bay and Gordon Bay. The proposed project would provide new berthing spaces for cargo and cruise vessels and new land for waterfront, commercial, and recrea- tion facilities. About 2.5 acres of the filled Tand would be trans- ferred from the Company to the V¥. I. Government for recreational uses. In addition, a portion of the filled area would be made available to the government to widen the existing waterfront highway. All remaining lands would be owned by the Company and retained for commercial develop- ment. The Company has agreed to relinquish all other claims for dredging and filling rights under their concession if allowed to carry out this project. Mangrove Lagoon Area - Waste Water Treatment Facility. The Department‘of Conservation and Cultural Affairs has recently completed plans for a large wastewater treatment facility to be located in the vicinity of the Mangrove Lagoon on the east end of St. Thomas. This treatment plant and its asso- ciated interceptors will allow for the eventual abandonment of the nine existing package plants which serve the Turpentine Run drainage basin. St. John Enighed Pond ~ Cruz Bay. , A Port Authority proposal calls for the develop- ment of Cruz Bay, St. John, primarily as a bathing beach with passenger operations ta continue at the present ferry dock. The Enighed Pond area would be developed for marina facilities, cargo handling, and recreation. The pond would be dredged, with about 12 acres filled for a recreation area, Little Cruz Bay (Creek Area} would be developed for light cargo, boat repair and maintenance. Public Attitudes Regarding Shoreline Use Two surveys were conducted to assess public attitudes toward shoreline use, a newspaper questionnaire and a household survey. The self-administered newspaper questionnaire was carried out through the daily newspapers on St, Thomas and St, Croix, The household survey was con- ducted by personal interviews on all three islands, Soth surveys indicate that. the public appears to be divided primarily along educational lines regarding the relative importance of econimic, natural and amenity values. Those with higher levels of education tend to emphasize conservation and recreational development; others tend to place greater emphasis on economic development. This division is greatest with respect to Future coastal development over-all, but is also reflected in differing preferences witnin specific categories of development. Public opinion regarding coastal development priorities is divided along geographic lines also. Differences among the islands tend to reflect differences in both resources and the feasibiiity of development options. TERRITORY-WIDE DEVELOPHENT PRIORITIES ke While there is apt to be considerable disagreement among population sub-groups as to the importance of economic development, there is a consensus territory-wide that agriculture and food processing industries should be encouraged. The extent of support for tourism varies among the Islands, but respondents acvo3s the territory tend to prefer notel/guest house and cruiseship related development over other forms of tourism. ; The great majority of respondents agree that coastal recreational deyelopment is important. There is considerable support throughout the territory for the improvement of beach access and, to a lesser extent, beach facilities. The newspaper survey provided considerable informaticr. about existing patterns of recreational activity, including a listing of beaches where access is considered an issue, Poor roads or an exclusively private atmosphere are the mast frequently cited obstacles, although the lack of facilities and safety are also concerns. ISLAND DEVELOPMENT PRIORITIES ST. CROIX Recreational development, and beach access in particular, is of greater concern on St. Croix than on the other two islands. Respondents from Christiansted voiced the strongest concern. Compared with St. Thomas and St. John, concern about conservation is greater, but less interest is expressed in commerce and industry. Agriculture and light industry are clearly the most pre- ferred and widely supported development options. However, the precentage of population favoring neavy industry is larger than on St. Thomas ar St. John. Interest in fishing and tourism is weaker in St. Croix than the other two islands. Attitudes toward tourist development are reflective of the territorial preference for hotel/quest nouses and cruise ships. Support for condominium/second home development is stronger on St. Croix than on the other islands. ST. THOMAS The survey data indicate that over-all development priorities are the least clear on St. Thomas. Industrial and conservation uses are a high priority and while recreational and resi- dential development are not a high priority, they are recognized as being important. Respondents are more united in their support for agriculture, light industry, and, to a lesser extent. tourism as modes of economic development. Regarding tourism, there was agreement with the territory-wide preference for hotel/quest house and cruiseship development.. Respondents also support other territorial-wide recreational concerns. Beach access is paramount, but beach facilities, fishing piers and waterfront parks are concerns in certain areas. ST. JOHN With respect to overall development priorities, respondents from St. John seem ta be in considerable agreement. Residential and commercial development are of greatest concern. Interest in conservation is less widespread. Respondents have very little interest in industrial use, giving strong support to the development of agriculture, tourism and fishing. Interest in fishing and tourism is stronger on St. John than anywhere else in the Virgin Islands. With respect to tourism development, respondents express a clear support for the ®@ territory-wide preference for hotel/guest houses and cruise ships. In addition, there is equally clear and strong support for developing boating. While recreational development is rarely considered to be a first priority, it is widely acknowledged as important. There is considerable support for the development of waterfront parks and fishing piers. SHORELINE PROTECTION Seventy percent of the household respondents and ninety-seven percent of ali newspaper respondents feel some shore areas need protection from over-deve lopment. Less than eight percent of ~ those questioned are cpposed to shoreline protection measures, Rationales for protection include both statements of appreciation for an area's amenity qualities and concern about possible negative effects induced by development. When asked which areas were in need of protection, respondents nominated those areas highly valued in terms of recreation, scenic, and/or natural qualities. Sand beaches, harbors with water-_ front parks, and undeveloped mangrove areas are given the highest priority. Strong support is also given to the protection of some undeveloped salt ponds and -rocky shores, as wel] as intensively. @ developed harbor areas. Those surveyed generally feel new construction could best be accommodated in areas which already have some development, particularly harbor or industrial areas and low relief or steep rocky shorelines. To a Jesser extent, ‘gravel or rocky beaches and‘saltpdnds are also considered suitable for development. Political/ institutional Setting POLITICAL AND GOVERNMENTAL HISTORY The Virgin Islands is an unincorporated territory of the United States which was purchased from Denmark in 1912. As such, the islands are subject to the power of the U. S, Congress which has the authority to enact suitable rules and regulations to govern the territory and to delegate powers to it. A series of Federal Rules and Regulations, Executive Orders of the President, and Congressional Acts have been instrumental in the evalution of the Virgin Islands Government. Those actions most related to land use, and coastal issues are discussed below. A "Chronology of Coastal Related Activities," Table 3.1, is found at the end of this section and illustrates © the orogression of events towards the development of a coastal zone management program. 38 : . ses From 1917 to 1936, the Islands were governed by the Temporary Government Act of 1917. The Act vested responsibility for governing the Yirgin Islands with the Department of the Navy. Essentially, it continued the Danish style colonial government by retaining the Coioniai Law of 1906 in full force and effect. The Organic Act of 1936 created a civil government, transferring responsibility from the Department of the Navy and placing it within the Department of the Interior. Among ocher things, the Act extended the electoral franchise, created a territorial government and a new iagislative assembly, and.aranted. the territory: the power to control the use of all public and private properties within the territory. Subsequently, al] property acquired by the United States from Denmark but reserved by the United States for public purposes was placed under the control of the -Government of the Virgin Islands by an Executive Order of the President. With it, the authority to acquire, possess, administer, govern, alienate and encumber property was granted. As a result of the 1936 Organic Act, a 1939 amendment, and a 1942 Executive Order, most laws of the United States for the protection and improvement of the navigable waters were made appiicable to the Virgin Islands, including navigation and inspection laws. Accordingly, the Legislative Assembly was granted the power to enact navigation, boat inspection, and safety jaws of Tocal application. Those laws or portions thereof not made applicable to the Virgin Islands dealt 7 with coastwise laws of the United States, and Federal laws levying tonnage duties, light money, or entrance and clearance fees. The Revised Organic Act of 1954 amended the rules and regulations contained in the 1936 Act and restructured the framework of the organization and operation of the government. It pro- vided for a centralized government with the executive power vested in a Gavernor, and legislative power in a unicamerai legislature. The Act also extended the authority of the Governor to trans- fer administrative and management authority between territorial agencies, = r 4 he Elective Governor Act cf 1968 (P.L. 40-496) furthered salf-determination for the i.lands. The Act amended the Revised Organic Act by providing for the popular election of the Governor and Lieutenant Governor; thus ending appointment of the territory's Governor by the President. COASTAL RELATED STUDIES In 1967, the Virgin Islands Planning Board, through its consultant Reginald Isaacs, undertook a study for the conservation of beaches. This was the first attempt to deal specifically with coastal resources in the islands. That study made several recommendations with respect to needed pelicies toward. resources and actions required of private enterprise, citizens, and the Government of the Virgin Islands. The Planning Board, however, failed to implement any of the recommendations contained in the report. A report entitled The islands - Selected Resources of the United States Virgin Islands, was Prepared for the Department of the Interior in 1968. The study concluded that the resources within the shoreline zone were the islands' most important, including such assets as sand beaches, access points to the water for boating, coral reefs, and the offshore islands and In 1969, the Legislature demonstrated its interest in the marine future of the territory by supporting two undersea research programs, Tektite I and Tektite II. In early 1970, Governor Melvin H. Evans called for a program aimed at accelerating the development of the island as an international center for underseas research and development. A "Yirgin Islands Year of Ocean Resource Development" was proclaimed for 1970. and a Marine Resources Council was formed. Its mandate was to prepare a report detailing how the U. S. Virgin Islands could best utilize its marine resources. The report, The U. S. Yirgin Islands and the Sea (1970), substantiated the findings and recommendations of the earlier "Islands" report done for the Department of the interior. | ) Specific policy recommendations were made for the use and development, conservation, and olanning of the islands' coastal resources. One of the recommendations involved the initiation of a coastal zone study designed to develop a management plan for the coastal zone. Some of the recommendations contained in that report have been implemented with the passage of legislation regulating certain activities affecting, or located within, coastal areas. COASTAL RELATED LEGISLATION Upon tts creation in 1950, the Virgin Islands Planning Board was made responsible for ,the preparation of a comprehensive plan to quide the future use af public and private jands. The Planning Board prepared a General Physical Plan for the Virgin Islands in 1964 delineating potential recreation and commercial areas along the coastline and identifying those areas with development constraints. Although the plan was never officially adopted by either the Legislature or the Governor, it was used occasionally by the Planning Board as a. guide for decision-making on land use matters. While the power to control the use of public and private properties in the territory had axisted since the enactment of the Organic Act of 1936, it was not until 1963 that any Jand use contrals (zoning regulations) became effective. The Zoning Law established several districts cnroughout the islands, but it did not provide for special treatment of the coastal areas. Dispite 40 vay the fact that zoning had been instituted in a territory through a legislative action, no compre- hensive or general development plan and policies concerning the overail growth of the islands were aver formally adopted by the Government. A Department of Conservation and Cultural Affairs (DCCA) was established in 1968 (Act N. 2238). The Department is granted the authority and jurisdiction to exercise general control over the enforcement of laws relating to conservation and the development of natural resources, Nearly all of the territorial regulatory authorities concerning the seaward side of the coastal areas is invested in DCCA. Among its other duties, the Department has the responsibility to administer, and enforce laws relating to: fish and wildlife and water resources, air and water pollution, flood control, mineral and other natural resources, outdoor recreation and parks, and preservation of historic and architectural heritages. The Virgin Islands Planning Office (VIPO) was created in June of 1970 (Act 2274) and replaced the ¥.I. Planning Board, which had similar responsibilities. The Act created the Planning Office as an administrative unit within the Executive Office of the Governor, and required the VIPO to perform a variety of functions including; 1. formulating long range plans and policies for the orderly and coordinated growth of the Virgin Islands; 2. formulating a long range comprehensive plan for the physical, economic and social development of the Virgin Islands; and 3. encouraging coordination of the planning activities of all territorial agencies and bodies. Intense development pressures beaan to mount in the 1960's and continued into the 1970's. ' Increasina resort and second home development took place along many beaches and much of the shoreline. Concern was expressed oyer the burgeoning unplanned growth and threatened loss of ODublic use and access to the coastline. The public outcry against restrictive beach policies manifested itself in a Free Beaches Committee, which sought public and legislative actions against such practices. In response.to the situation, the Legislature passed the Open Shoreline Act (Act No. 3063) in dune of 1977, The Act prohibits the maintenance or construction of any obstruction within the defined shoreline area which could interfere with public rights of use, enjoyment or lateral move- ment. For the purpose of the Act, the shoreline is defined as the area from the seaward Tine of low tide inland a distance of 50 feet, or inland to the seaward boundary of natural vegetation or natural barrier. whichever is the shortest distance. Permits for such construction in these areas mav only be issued under very restrictive conditions. The Act also prohibits the takina of sand, rock, mineral, marine arowth or other.natural products of the ocean (except fish and wildlife) from the shoreline without first obtaining a permit. The responsibility for adminis- tering the Act and issuing permits is invested in the Department of Conservation and Cultural Affairs. The constitutionality of the Act in general, and the public right of customary use, were up- held in the Bolongo Beach litigation (No. 75-1242, 3rd Ct., 1976). This action affirmed the public's right to utilize the beacn area of a resort-hotel which sought to prohibit such activity. In addition to the prohibitions placed upon activities within the shoreline, an Open Beaches Committee was established as a provision of the Act. The Committee was delegated responsibility to: . 7. conduct a survey of shorelines to establish the boundary between oublic and private property; nN prepare surveys showing routes of public access to all sandy beaches and recommendations for easements where no access exists: and 3, classify all beaches and other segments of the ocean for wildlife, marine and estuarine protection. The Committee was not convened until January, 1976. Some of its tasks are being subsumed by the development of the CZMP by the Planning Office. This committee has assumed the rgle of advisory committee for the CZM program development. In 1971, the Earth Change Law (Act. No. 2967) established an environmental protection program ts control and eliminate soil erosion and to restrict land alteration activities which were adversely affecting the natural resources of the islands. The law encompasses all of the jands and waters comprising the watersheds of the islands and includes all Tand development Acts that affect changes in the condition of the watershed areas. As a resuit, practically ail land alteration activities in the Virgin Islands are covered within the Act and subject to the permit requirements set forth therein. The Act clearly applies to lands within the coastal] zone and to land alteration activities which affect the coastal areas. Indeed, one of the stated purposes of the Act i§ to conserve the coastal resources of the islands. The Earth Change Law called for the promulgation of rules and regulations to implement the policies set forth in the legislation, These rules and regulations establish the practices and procedures for complying with the Act's recuirements unis Act, together with the rules and regulations, comprises an important element in the environmental protection program of the Viergin Islands. Revisions in the Zoning Law passed in 1972 (Act No. 3284) made that Act one of the more = 42 ms important elements in the existing system of land use and environmental controls in the Virgin Islands. This zoning law, with amendments, will provide on the basis for implementing the approved management program. The Shoreline Alteration and Dredging Control Act of 1973 (Act “No. 3404) was passed by the Legislature to control the dredging and mining of sand, gravel, and coral from the beaches and shorelines of the Virgin Islands. At the time of adoption, the Federal government stiil retained proprietary rights to the submerged lands, tidelands and filled lands adjacent to the coastlines of the islands. The’ 1973 Act. was intended to permit the territorial government to exercise the maximum legislative juridsiction it-possessed over such lands. Subsequently, the Federal govern- ment has transferred ownership of most of these lands to the territorial government (notable . axceptions to the transfer include National Park Lands on St, John, Buck Island, and Naval Opera- tions Area near Frederiksted). In 1975, the Legislature amended the 1973 Act, redesignating it as the Trustlands, Occupancy and Alteration Control Act (Act. No. 3667). The intent and policy of the Act declares that it is in the public interest to protect, perserve, maintain, and improve the transferred trustlands and. other submerged and filled lands for the benefit of the public and to foster enjoyment of natural resources. The 1975 Act deals primarily with submerged lands and sets up a process (administered by the Department of Conservation and Cultural Affiars) to regulate their occupation and alteration by filling, dredging, mining, construction, or other means, The area covered by its provisions also includes some fastlands. The Act is applicable ta all land and water seaward of the line of mean high tide, including all artifically made, filled in, or reclaimed lands, salt ponds and marsh which were formerly permanently or periodically covered by water, and extends three geographic miles seaward. The legislation also provides for the regulation of all of the Federal submerged Tands conveyed to the Virgin islands. Regulation for these lands, including alterations or occupancy by private-and public agencies, are embodied in the required permits issued by the Governor and Legislature. The 1975-Act, together with the Earth Change:Act and the Open Shorelines Act, provides substantfal statutory authority for ‘the control over use, development, and alteration of the land and water resources of the coastal zone. This Act together with the implementing regulations establishes a territorial counterpart to the Army Corps of Engineers permits which are also required for the development or alteration of certain coastal lands and waters in the territory. ies 43 . Continued concern for the quality of the coastal environment of the Virgin Istands was demonstrated with the passage of the Water Pollution Control Act (Act No. 1979) and the Qi1 Spill Prevention. and Poljution Control Act (Act No. 3568). Both are administered within the Department of Canservation and Cultural Affairs. The Water Pollution Control Act, through a series of amendments, establishes a reguiatory pragram to control pollution of the surface and underground waters of the Virgin Isiands. The Act establishes standards of water quality. and pollutant discharges throughout the Islands (including the territorial waters in the coastal zone}. It also provides the authority to exercise land use controls intended to protect and preserve the islands’ water quality. As such, it provides an additional independent basis for exercising territorial police power to achieve certain environmental objectives. The Act orohibits discharges of pollutants into the waters of the Virgin Islands without treatment to a specified level and authorizes the regulation of both new and existing sources of water pollution. The Act was amended in 1976 to allow for the enforcement of the Federal Water Pollution Control Act, as amended, relating to the Virgin Islands! participation in the National Pollution Discharge Elimination System (NPDES), The policies and objectives of the Act are carried out through a permit system as defined in the Federal Regulations and Guidelines, Discharce of pollutants without a lawful permit is illegal, as is the conduct of a yariety of activities concerning the construction, increase, enlargement, expansion or modification of facilities which would discharge or cause the discharge of pollutants in amounts, volume, strength or nature in excess of that which is currently permitted. Thus, not only are discharges themselves requiated, but also facilities which discharge pollutants are regulated. The O11 Spill Prevention and Pollution Control Act of 1974 seeks to protect the marine and coastal environments from damages caused by industrial or commercial discharges of petroleum products or other equally harmful substances. The primary objective of this Act is to preserve the waters and shorelines of the Yirgin Islands as a source of public and private recreation, Additional objectives include protection of environmental resources, preservation of natural or scenicebeauty, protection of property values and maintenance of economic activities dependent on marine resources. The licensing and regulatory controls seek to preyent the discharge of such pollutants into “the atmosphere or waters of the Virgin Islands by requiring sound management and operational practices, and by requiring use of appropriate equipment in the production, transfer, and transport of such products. In addition to the regulatory controls over equipment and facilities, the Act TABLE 3.1 CHRONOLOGY GF COASTAL RELATED ACTIVITIES AND LEGISLATION Colonial Law of 1906 (Denmark) Virgin islands Purchased from Denmark Temporary Government Act Organic Act Most U.S. Laws Pertaining to Navigation made applicable to the V.1. Creation of V.!. Planning Board Revised Organic Act. Zoning Established in the V.I. Elective Governor Act islands Selected Resources Report Water Pollution Controi Act Department.of Conservation and Cultural Affairs Tektite 1 and Tektite !! "Year of Ocean Development” Proclaimed V.1: and the Sea Report Virgin Islands Planning Office Established Open Shoreline Act Earth Change Law Revised Zoning Law Shoreline Alteration and: Dredge Control Law. U.S. Government Transfers Submerged Land To Government of the Virgin Islands Ojj Spill Prevention and Pollution Control Act Planning Office Initiates Development of Coastal Zone Management Program Trustiand Alteration and Occupancy Control Act Bolongo Bay Litigation 45 7206 1916 7917 7936 1942 1950 7954 1963 1974 1974 1975 1976 established o71 spill and pollution containment plans to control the effects of discharges of pollutants and to expedite their cleanup and removal. The Act established a coastal protection fund to finance cleanup operations. RELATED PLANNING ACTIVITIES Efforts by the Planning Office to provide a comprenensive land use plan for the isiands, have continued. In July, 1974, this agency began to prepare a comprehensive land use plan for the territory under a 701 Comprehensive Planning Assistance Grant from the U. S. Department of Housing and Urban Development. This .land use plan is to be completed by August, 1977 and will incorporate the elements of the approved coastal zone management program. As of December 1, 1974, the Virgin Islands Planning Office has been engaged in the development of a CZMP pursuant to Section 305 uf the CZMA of 1972, The history of coastal and ccastal-related activities and legislation is extensive, as it should be for an area so inextricably bound to the sea. An adequate body of legislative authority © presently exists to implement a management plan for the Yirgin Islands. The major thrust of the plan development has been to streamline, consolidate and reorganize as much as possible the existing authorities to create an effective implementation tool. The development of a land and water use plan has been emphasized so that existing and amended authorities might.be conducted under the aegis of a rational, explicit, and substantive management program, GOVERNMENT OF THE YIRGIN ISLANDS The principle territorial entities involved in coastal zone matters are the Governor, the Legislature, the Planning Office, the Department of Conservation and Cultural Affairs, the Depart- ment of Public Works, and the Board of Zoning, Subdivision, and Building Appeals. The various territorial agencies and legislative Acts which comprise the existing regulatory system for coastal-related land and water activities are illustrated in Figure 3.6. The basic respansi- bilities of these entities are outlined below. 46 < Lv PORT AUTHORITY Administration and cantrol of har- bors and manage public marine facilities (Chapter 9, Title 29, V.1.C.} COMMISSIONER OF PUBLIC WORKS Zoning Administration (All Jand areas) (Chapter 3, Title 29, V.1.C.) Issue Building Permits (Chapter 5, Title 29, V.LC.] Enforce Earth Change Permits (Environmental Protection Act ‘no. 2967) Establish and Enforce Flood Control Measures (Act no, 3732) FIGURE 3.6 EXISTING REGULATORY SYSTEM FOR LAND AND WATER ACTIVITIES COMMISSIONER OF CONSERVATION AND CULTURAL AFFAIRS Permits within 50 foot shoreline band and Minaral resources extraction (Open Shoreline Act no. 3063) Review and iIRecommand to Governor on submerged tands permits (Trustlands, Occupancy & Alteration Contral no. 3667} Air Quality and Pollution Control (Chapter 9, Title 12, V.1.C.) Water Quality Pollution Control (Chapter 7, Title 12, V.1.C.} ' . Earth Change Permits for Public Agencies Activities {Environmental Protection Act no, 2967) BOARD OF APPEALS Job Review Decisions of Comm. af Public Works and Con. & Cultural Affairs issue Variances to Zoning Law U.S. DISTRICT COURT Review Decisions of the Board of Appeals and Comm. af Con. & Cult. Affairs License Activities regulated for oil spill, prevention, and pollution (OU Spitl Prevention and Pollution Control Act no. 3538) Prevent the cutting or removal of trees of vegetation adjacent to water courses (Conservation, Chapier 3, Title 12, V.U.C.) Requiate Fishing - issue Licenses (Commercial Fisheries Act no. 3330) Boating Wildlife GOVERNOR AND LEGISLATURE Approved Submerged Lands Permits Zuning Amendments PLANNING OFFICE Subdivision Approval (chapter 3, Vitle 29, V.I.C_) Render Technical Opinions to Coram. of Public Works & Board of Appeals on Zoning matiers Review and Recommend to Legislature on Zoning changes (Chapter 3, Title 25, V.1.C.) Cormment on Submerged Lands Permits.......... CccA Administer Historic District, (Chapter3, Title 29, V.LC.) Virgin Islands Planning Office (YIPO) : VIPO has the responsibility for reviewing amendments to the Zoning Law,.approying land subdivision, and reviewing building proposals in Historic and Architectural Control Districts. It also reviews and makes recommendations to the Commissioner of Conservation and Cultural Affairs for all shorelands and water use permits. In addition, the Planning Office comments on all requests to the Federal government for funding permits, or licenses through the A-95 Review process. The Office also prepares comprehensive long range development plans, annual economic reports, capital improvement programs, and water resources plans, Department of Public Works (DPW) DPW administers and enforces the Building Code, Zoning Law, and the Earth Change Law, It also reviews and makes recommendations for all shorelands and water use permits; administers Federally assisted programs pertaining to public buildings, highways and utilities; constructs and maintains public facilities; provides solid waste disposal services; and establishes and enforces fload control measures. Department of Conservation and Cuitural Affairs (DCCA) te DCCA administers and enforces all laws pertaining to fish and wildlife, regulation and licencing of motor boats, removal of trees and vegetation adjacent to water courses, air pollution and water pollution. It is responsible for ail public projects under the Earth Change, Submerged Lands, Open Shorelines and Oi] Spill Prevention Laws. It also operates and maintains parks. beaches, and recreational areas and facilities. Board of Zoning, Subdivision, and Building Appeals The Board hears and decides upon appeals by citizens or the Commissioner of Public Works under thé Zoning Law, Building Code, and Subdivision Law and has the authority to grant variances, V. I. Port Authority The Port Authority is responsible for the development and management of a1] public marine facilities including docks, piers, wharves, bulkheads, and terminals. It administers and controls the harbors of the territory and, in so doing, it may prescribe rules and regulations. 48 ‘< Representative to Congress In 1968, the Virgin Islands Legislature enacted legislation to provide for a Washington Representative. This delegate represented the people of the Yirgin [siands on a full-time basis before the Congress. of- the United States and before the various departments and agencies of the Federal government on all matters pertaining toa the Virgin Islands, In 1972, Congress provided for a non-voting Virgin Istands Delegate to the United States House of Representatives to be elected by the people of the Virgin Islands. Governor and Legislature The Governor and Legislature act on all admendments to the Official Zoning Maps and Zoning Laws and approve Submerged Lands Permits for all projects sponsored by the private or public sector, They adopt rules and regulations promulgated by covernment agencies for the implemen- tation of territorial laws. The Governor, as the chief executive officer of the Government of the Yirgin islands, is responsible for the supervision and control of all operational departments, agencies, and other instrumentalities under his office, JURISDICTION OF THE FEDERAL GOVERNMENT IN THE TERRITORY'S COASTAL ZONE Although the Virgin Isiands Government has management and regulatory control over land and water areas within the coastal zone boundary, the U. S. Government, through several Federal statutes, has regulatory authority over navigable waters and inland water areas in the territory. Tne following Federal statutes are applicable in the territory and significantly affect activities in the coastal zone: (1) Section 10 of the Rivers and-Harbors Act (30 Stat, 1151, 33 U,S.C, 403) + prohibits the unauthorized obstruction or alteration of any navigable waters of the U., S, This applies to erection of structures, dredge and fill material, and other activities in the navigable waters, A permit pragram is administered by the U. S. Army Corps of Engineers. (2) Section 404 of the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816, U.S.C, 1344) prohibits the discharge of dredged or fill materials into primary tributaries, lakes and fresh water wetlands 49 of (3) (4) (6) (7) (8) ‘contiguous and adjacent thereto. Under this provision, the U.S. Army Corps of Engineers is responsible for regulating discharges in all waters including inland waters such as ponds and wetlands. It must approve the transport of dredged materials for the purpose .of dumping into ocean water under Section 103 of the Marine, Protection, Research and Sanctuaries Act of 1972. Section 401 of the Federal Water Pollution Control Amendments of 1972 requires certification from the territory's Department of Conservation and Cultural Affairs for discharge af any kind ‘into the navigable waters. These discharges must be consistent with applicable effluent limitations and water quality standards. The National Flood Insurance Program was established under the Flood Disaster Protection Act and the National Flood Insurance Act to make flood insurance available to property owners in flood-prone areas and to require that appropriate measures be applied in the management of flood-prone areas. The National Historic Preservation Act of 1966 requires the Advisory Council on Historic Preservation to reyiew and comment on all Federally licensed projects affecting a National Register property, UL S. Fish and Wildlife Service reviews and comments on all Federally sponsored, authorized, or permitted or licensed works which alter aquatic ecosystems under the Fish and Wildlife Coordination Act. The U. S. Department of the Interior administers the oi1, gas, and mineral resources reserved by Congress in the transfer of the sub- merged and filled lands to the territorial Government. The explora- tion or development of these resources requires permission from this department under a permit lease agreement. The Fishery Conseryation and Management Act of.1976 has applied in the territory of the Virgin Islands since March 1, 1977, The Federal Government wil] control fishing within 200 nautical miles of the territory. The U, S. Coast Guard is responsible among other things for: {a} boating safety and law enforcement on the nayigable waters, including the rules of the road and anchorage regulations, and Federal laws on those waters subject to the jurisdiction of the 50 vay U.S.3 (b) enforcing regulations relating to the safeguarding of vessels, harbors, ports and waterfront facilities; (c) issuing and enforcing regulations relative to procedures, methods and equipment for preventing discharges of 011; (d) and determining the responsibility for an o7] spill and what actions are necessary for its containment and clean-up. In addition, three functions require a permit and bear mentioning. The U. S. Coast-Guard issues permits for: (a) regulating the establish- ment of private aids to navigation; (b) the establishment of bridges and causeways over navigable waters; and (c) the processing of applications for deepwater ports. (10) The U. S. Fish and Wildlife Service (Department of the Interior) and the National Marine Fisheries Service (U. $. Department of Commerce), . under the Endangered Species Act of 1973, develop and enforce regu- lations, Jand acquisitions, cooperative agreements and management assistance to states having such agreements. The U. 5. Fish and Wildlife Service among other statutes and laws works through the National En- vironmental Policy Act of 1969, Marine Protection, Research and Sanctuaries Act of 1972, Migratory Bird Act, and Executive Order No. 11990 (pro-~ tection of wetlands) and Executive Order No. 11988 (floodplain manage- ment. CHAPTER FOUR Problems and issues io be Adaressed py the Coastal Zone Vanagement Program The purpose of this chapter js ta outline the specific coastal problems, conflicts, and _ issues which nave been identified by the Virgin Islands CZMP. Subsequent chapters will detail] the proposed management program designed to remedy these problems. The Economic Boom of the 1960's and Need for Planning Despite the lure of its coastal resources, the Yirgin Islands remained relatively undeveloped until the late 1950's, at which time it was “discovered” by residents of the U.S. mainiand. Population and construction activity grew rapidly in’the 1960's as a result of @ large. number of visitors to the islands. In the span of a decade, from 1960 to 1970, total population more than doubled from 32,000 to 75,000. Hotels, condominium apartments, and second homes began to locate along ridgelines and adjacent to beaches and other waterfront areas. A large number of public housing projects, as well as commercial and industrial developmental activities, were established throughout the islands. While growth has ceen beneficial in many ways (mast notably providing employment and a higher:standard of living), there-have been concomitant environmental, social and economic problems. Given the pace of development during the .1960's, it is hardly surprising that much of this activity was haphazard -and unplanned. Unfortunately, the implications of poor development practices are highly magnified in a smal] island system. “For example, Joss of natural areas such as mangrove systems, salt ponds, reefs, and marine grass beds has resulted in a decline in both marine productivity and wildlife habitat. Development has often .degradad amenity resources, threatened traditional public rights to use water and shoreline areas, and encouraged relatively uncontrolled use of the shorelands. In recent years, many of these problems have been recognized and some legislative remedies have been enacted. Despite such attention, however, the Virgin Islands Government has been only partially able.to deal with development induced problems. 53.0°¢ . Important social changes have occurred also... Until 1940, Virgin Islanders comprised 75-80 percent of the total population. Since 1940, this native hegemony has steadily decreased and by 1970, native islanders made up less than half of the total population. This change in athnic composition is a direct result of the large-scale economic growth. The large influx of British West Indian, Puerta Rican, and continental American immigrants has dramatically altered the traditional Virgin Islands cultura. As a result, racial and ethnic tensions exist between some groups, and many natives feel that they are "losing out" and "losing control" to these newcomers. In conclusion, it should be emphasized that socio-cultural changes, as well as environmental changes, are implicit in economic development and underline the need for comprehensive planning. Specific Problems and issues Rapid unplanned growth has led to a. number of specific issues and problems that have served as an impetus to the development of a coastal management program. Many of these problems relate to water quality and land and water use conflicts. Additionally, the issues of shoreline allocation and access, and administration and enforcement of regulations are addressed. WATER QUALITY Tne quality of most coastal waters is still relatively high, and some areas improved in recent years. Others are still polluted or showing signs of deterioration. The quality of the surrounding waters is affected mainly by sediment runoff, dredging and filling activities, discharge of sewage effluents, and disposal of solid waste materials. SEDIMENT RUNOFF The problem of excessive sediment runoff is caused primarily by increased urbanization of previously undeveloped lands. Construction activities disturb the soil by stripping vegetation and altering natural landforms. Alterations to the existing land cover, such as housing developments and paving, increase runoff and the flow of sediments, thereby contributing turbidity in coastal waters. The effects of sediment runoff are particularly acute and noticeable in the bays and harbors adjacent to developed watersheds immediately following a heavy rainfall. Large plumes of silt extend from the mouths of drainage guts into the adjacent waters. The sedimentation effects are harmful to the marine environment, aesthetically objectionable, and increase the necessity for maintenance dredging. La Foam 4 DREDGING AND FILLING ACTIVITIES Dredging of sand and other materials to create artificial landfill, marina sites, improve navigation and provide construction aggregate, has occurred in nearshore areas on a4 Jarge scale and altered and destroyed natural cycles and ecosystems, such as mangrove areas, saltponds and beaches. Nearshore dredging activities increase turbidity which disrupts natural marine ecological systems and creates potential beach erosion problems. The alteration and destruction of wetlands and ponds affect fish and wildlife productivity and the drainage and flushing of storm and flood waters on adjacent beaches. ~ The most notable activities of this type are: the filling and dredging of Krause Lagoon, St. Croix, and Mosquito (Lindberg) Bay, St. Thomas, the piecemeal] construction activities at the Mangrove Lagoon, St. Thomas, the stripping of sand on the East End of St. Croix, dredging in Christiansted Harbor, and the alteration of the Mandahl Saltpond, $t.- Thomas. Both sediment runoff and dredge and fill activities have resulted in temporarily increased water turbidity. Heavy sedimentation has damaged both reef and fish-life, and-is also unappealing for swimming or snorkeling. Turbid or cloudy waters limit light needed for flood production by marine plants. DISCHARGE OF SEWAGE EFFLUENTS The discharge of raw sewage and toxic substances from boats and marine operations as well as from sewage treatment plants contributes significantly to changes in water quality. In many instances, liquid waste is disposed of in pristine waters or in waters with the least capacity to tolerate further stresses. Even minimal degradation of water quality can have severe adverse impacts upon certain fragile nearshore acosystams. SOLID WASTE DISPOSAL Careless solid waste disposal practices affect water quality, litter the shoreline and bottom of the sea, and in the instance of abandoned vessels, obstruct navigation. The primary sources are marine land-fills eroded by ocean currents. Offshore dumping by boats and cruise ships is also a contributing factor. ‘ USE CONFLICTS Increased aconomic activities and the accompanying large scale urban growth have created unprecedented pressure on the resources of the islands' coastline. Shoreline areas are highly desirable for development for a number of reasons. As a result, residential, commercial, industrial, recreational, public and institutional uses compete for severely limited space. The most significant problems include: the loss of important natural areas, visual conflict, inappropriate shoreline zoning, Tack of general land and water use plan, development in hazard prone areas, and constraints on public beach access. LOSS OF NATURAL AREAS Unfortunately, areas that are frequently attractive for the location of economic activities, are ecologically fragile and extremely vulnerable to development of any kind. The loss of natural areas is frequently the result of dredge and fill operations. Ecologically valuable reefs have been blasted and mangroves, saltponds, and beaches have been filled or dredged to accommodate industrial, resort or marina development. [In other instances, the. functioning of these vital areas has been impaired by encroaching development. These lasses are irrevocable and have contributed to declining marine productivity, as well as other coastal resource related problems. te VISUAL CONFLICT One of the most important resources of the Virgin Islands is its high degree of visual quality. The islands are beautiful, and their beauty satisfies residents and tourists alike. A problem which results from the competition for shoreline space is visual conflict from haphazard development. Piecemeal destruction of coastal resources, and the type of construction, and location of facilities along the shoreline is becoming a major aesthetic concern. Frequently, adjacent uses conflict drastically in character, as well as the quality of design, construction and maintenance. No single incongruity is so serious, but cumulatively even small projects deface the landscape. INAPPROPRIATE SHORELINE ZONING Current zoning for many shoreline areas, particularly those surrounding prime beaches, reflects excessively high expectations regarding property use. Extensive construction of hotels, condominiums, and even private residences, has often created water quality, visual and public access problems. Many important recreational and natural resources, such as Magens Bay or Mandah] on St. Thomas, and Sandy Point or Great Saltpond on St. Croix, are currently zoned for high intensity use. If these areas are to be protected, existing zoning should be re-evaluated. 56 a LACK OF A COASTAL LAND AND WATER USE PLAN AND DEVELOPMENT POLICIES Loss of natural areas, development of hazard areas, visual conflict, and constraints on public access are all related to the lack of a coastal] land and water use plan and development policies. The development of a comprehensive and enforceable program for the coastal zone is assential: not aniy to the maintenance of anvironmentai quality, out aiso to present and future aconomic productivity. Space for Water Dependent Uses: Much of the limited amount of land suitable for intense development is located along the shoreline. Shoreline areas are also ganerally the most attractive and convenient location for many types of developzent. As a result, uses which must be located on the shore to function face competition from non-water oriented usas. This precludes use of She araa for legitimate water dependant uses, and reduces options for their siting. Displacement of Non-Coastal Dependent . Activities: Scarce and expansive coastal real astata nas encouraged many types of non-coastal dependent development to move inland and upland. nile this does alleviate coastal deve lopment pressures, it has several negative impacts: a) the necessity for expensive extensions of public facilities and services; b} urban sprawl with a resultant loss of agricultural land and open space, as well as the blurring of town and country; c) increased travel and with it traffic congestion, air pollution and energy consumption. This trend will undoubtedly be accelerated by shoreline restrictions. A plan for future coastai jiand and water use can cz ‘gnere the inland development pressures and associated impacts which will be created by coastal regulations. Mechanisms for encouraging new development to cluster in and around existing infrastructure.must be considered. Developmeht in Hazard Areas: Although no major hurricane has struck since 1932, the Virgin Isiands lie in a “hurricane belt." That hurricane and others previously have had disasterous consequenc-s. Butidi were destroyed and sections of the developed areas inundated by flood waters. Hurricanes in Paradise, a historical as well as predictive report on hurricanes in the Virgin Islands, indicates there is a considerable likelihood of another major storm before the year 2000. All low-lying coastal areas are flood-prone, and particularly those at the mouths of guts, or 57g +. ~ drainage ways. The fill activities of the past twenty years have’ considerably increased the amount of low-lying coastal areas subject to flooding. The situation has been sxacerbated by the increased development upland and subsequent intensification of runoff from the watersheds. Commercial and residentjal development has béen sited on those filled lands, thereby increasing the amount of high intensity areas threatened ay the consequences of dual flooding from runoff and tidal surge. Potential damages and economic iasses related to development in these areas include: Joss of life, replacement and rehabilitation costs, higher insurance premiums, and the costs of protective warks. Short Term ys. Long Term Productivity Past axperience has demonstrated that a market allocation of coastal resources will likely resuit in short-term economic benefits being favored over long-term economic productivity. Wnile major projects may have a direct and readily identifiable adverse impact upon the coastal zone, the negative impacts of most proposed activities will be far less severe. Any single project, viewed in fsolation, will likely yield benefits in terms of income and employment with only minor environmental losses. ) The gradual, piecemeal joss of resources has not usually been recognized as an economic jass; however, these relatively small, incremental impacts pose a serious problem in terms of economic productivity. For example, a single waste discharge in the coastal zone waters may have little, if any, adverse impact upon those waters. Several discharges, over time, may result in the loss of those waters as a recreation resource because of odor, turbidity, or disease potential. Increased storm runoff may not be attributable to any single activity; however, the cumulative effects of upland development may result in increased flooding problems . These kinds of environ- mental degradation must be viewed as economic losses as well. While such losses may often be mitigated through corrective action, in some instances, the loss is permanent. Shoreline Accass Intensive commercial and residential development along the shorelines, particularly beaches, has restricted public use. Although for the most part property owners no longer charge entrance fees, many are not required to provide access. Even where public access is available, the aura that surrounds resort development often presents an effective psychological barrier. The problem is compounded by the loss of swimming beaches and recreational areas where one could enjoy the coastal environment near, or adjacent to the urban population centers of + 58 4 . Christiansted and Charlotte Amalie. Buck Hole, Bay Side, Long Bay, Barracks Yard, Boat House and Gregory Channel once provided Charlotte Amalie residents with easy access to the water, put Tilling, construction, and poor water quality obliterated most, and precluded the use of the few remaining areas. By restricting the use of privately owned beaches, and the loss of urban beaches and swimming araas, residents who generaliy live within closé proximity to the watar Trequently travel some distance ta public beaches, with transportation a problem for many, particularly. the young and lower income. groups. Furthermore, a heavy demand and burden is placed on those public beaches by the user, resulting in beach litter and erosion, particularly on the unattended beaches. Administration and znforcement This section describes some of the obstacles to effective resolution of development-induced environmental problems. Previous attempts to resolve environmental problems have involved the astablishment of separate programs under different agencies with an overwhelming array of require- ments. The Open Shorelines Act, The Earth Change Law, Trustlands Occupancy and Alteration Control Act are acts pertaining to the coastal zone, and each requires some form of permit or approval process. The Zoning Law is also applicable to coastal lands, adding to the necessity for another parmit as well. The Territory's system af permits, coupled with Federal requirements, can delay even the smallest of projects for years. Under the current situation, private sector developers are faced with uncertain public policy and unclear public guidelines for development. Inadequate administrative procedures compound uncertainties and delays, and as a result, much time and money is wasted in obtaining decisions on projects. There is a definite need to streamline the process and to consalidate agency rasponsibilities. Enforcement problems are further compounded by insufficient personnel. Agencies have all too often bean antrusted. with environmental responsi- bilities, but with. no additional funds to carry them out. A jurisdictional. dispute presently exists between the Department of Conservation and Cultural Affairs.and the Virgin Islands: Port Authority over control of portions: of filled lands. Upon its creation,” the Port Authority was vested with administrative responsibility over all coastal lands used for port and related purposes. With the transfer of the submerged and filled lands from the Federal government to the Virgin Islands, and subsequent enactment of the Trustlands, Occupancy and Alteration Control Act and the applicability of the Open Shorelines Act to these areas, the Department of Conservation and Cultural Affairs was made responsible for the management and use of all filled, reclaimed ar submerged lands. The Port Authority contends that its properties are exempt from those provisions while the Department of Conservation and Cultural Affairs maintains they are not. 59 ¢ Finally, the Zoning Law in its present form is not ‘particularly effective for implementing a CZMP. While there are some seventeen districts (including two waterfront districts), the Law does not establish any special regulations that address the peculiar environmental or developmental needs of coastal areas. 60 - — le no emgegare “ Fx ae Ess ‘a i | ] J i a ns CHAPTER FIVE Deveiopment of a Coastal Land and Water Plan This chapter presents the coastal land and water use plan. The first section is a delineation of the geographic extent af the coastal zone. The criteria for delineating the boundary and its units are discussed. Coastal goals and policies comprise the second section. These goals and policy statements were derived from several sources, and used as guides in the devélopment of the management program. A discussion of the Permissible Land and Water Use element follows in section three. This element includes a definition of direct and significant impact, a listing of uses subject to the provisions of the management program, and use priority ratings for the various activities. There is also a series of guidelines concerning uses and activities for each coastal environ- ment. The last section is a coastal land and water use plan for the coastal areas. it is essentially a graphic representation of the coastal policies and priority of use designations, and site specific quidelines which were developed as part of the management program. Boundary Sefinition The Coastal Zone Management Act requires that the management program include an "identification of the boundaries of the coastal zone subject to the management program." The Act proceeds to define "coastal zone" and “coastal waters". The coastal zone boundary. del imits the extent of geographic area:to be managed by the Virgin Islands CZM program. Coastal zone means the coastal waters (including the lands therein and thereunder) and ‘the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines. . . . and includes islands, transitional and intertidal areas, salt marshes, wetlands and beaches. The zone extends . . . seaward to the outer limits of the United States territorial s@a. The zone extends inland from the shorelines only to the extent necessary to control shorelands the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands, the use of which is by Jaw subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents (Section 304 {a)). Coastal waters means . . . those waters, adjacent to the shorelines, which con~= tain a measurable quanity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries (Section 304 (b)). The applicable regulations (15CFR 923.11 (b) (1) ) indicate that the coastal zone must include “lands which have a direct and significant impact upon the coastal waters and over which the terms of the management program will be exercised." On the three main islands, no location is further than five miles from the shoreline, and this relatively small size. means that all areas nave the potential to impact coastal waters. The considerable amount af lands with steep slope, the large numbers of guts draining inland watersheds into coastal waters, and the assoctated problems or erosion, siltation, and sedi- mentation all serve to make the islands a unified coastal zone. The offshore islands and cays bear an even more direct relation to the coastal waters as the largest, Hans Lollick, is less -than 500 acres. Accordingly, the entire Yirgin Islands (the main islands and the offshore islands and cays) are considered to be within the coastal zone boundary. At the same time, certain portions of the islands nave a much stronger relationship to the coastal waters than others. These are areas adjacent to the coastal waters where a delicate land/water interface exists, and where special attention must be directed to maintain the integrity of critical and complex natural processes. Recognizing the need for a different treatment of this coastal fringe and the upland areas, an inland coastal zone boundary has © been delineated for the Virgin Islands utilizing a two tier approach (See Coastal Land and Water Use Map). . The first tier is composed of a relatively narrow strip along the coast and subject to regulation via the provisions of a coastal zone permit system (See Chapter Eight, Mechanisms for Implementation). All offshore islands and cays are included in the first tier, excent these areas under the “sole discretion" of the Federal government: Water and Buck Island, St. Thomas; Trunk Cay, St. John; Buck Island, St.. Croix. The second tiar of the boundary includes all watersheds and adjacent areas and consists of the remaining interior portions of the three main islands. A coastal zone permit is not necessitated within the second tier. Therefore, enforcement of the management provisions rests with existing authorities primarily under the Earth Change Law, The general goals of the Program apply to this area as well. CRITERIA FOR INCLUSION INTO THE FIRST TIER BOUNDARY The landward extent of the first tier has been drawn to meet several criteria: © at 1, It must be sufficient to encompass uses along the shoreline which will directly ‘ and significantly affect coastal waters. 2. It must include areas designated as being of particular concern. 3. T¢ must include transitional and intertidal areas, salt marshes, wetlands, and beaches. Mangrove areas and salt ponds/tidal flats can be classified as wetlands and intertidal areas and are environments which are critical to the resources of coastal waters. They also function as natural systems that intervene and serve ta mitigate consequences of various Tand based uses. Because of these consider- ations, all of these areas nave been included. Furthermore, the boundary should be drawn in such manner that their integrity and function are assured. 4, The boundary must include al? of the submerged and filled lands whose jurisdiction has been transferred to the Virgin [stands Government, and administered by the Department of Conservation and Cultural Affairs under the Trustiands, Occupancy and Shoreline Alteration Act. 5. Because one intent of the CZMA is ta prevent undue disruption to natural coastal acosystems, the urbanized areas of Christiansted, Frederiksted and Charlotte Amalie, where these systems and shorelines have been extremely modified and altered, are included only to the limit of the first roadway or property Tine, or the extent of filled lands under jurisdiction af Conservation and Cultural Affairs. 6. The boundary shall include those coastal areas subject to tidal and gut flicoding. The first tier boundary must be readily comprehensible to property owners, Virgin Islands and Federal government agencies, and the public in general, and it must be administrable. -Therefore, the boundary has been delineated alona cultural and administrative: features in accordance with aporoximate hinohysical criteria. Suitable features are roadways, landmarks, oroverty lines, U.S.G.S. contour lines, and uniform distances from the mean low tide. mark, EXTENT OF THE SEAWARD BOUNDARY The seaward extent af the coastal zone is the limit of the territorial sea or a distance of three nautical miles from the offshore islands and cays, or the international houndary, ‘ ST. CROIX BOUNDARY West End: Included is the coastal plain or 1000 foot inland from Ham's Bay to Frederiksted where the boundary is a coastal roadway to Smithfield, following the proposed cross-isiand highway. At Concordia it resumes the 1000 foot width. South Side: The boundary consists of a 1000 foot width along south shore side to Manning Bay racetrack; following the public roadway passing north of Martin Marietta and Hess properties, south to Estate Cane Garden where the 1000 foot width is resumed to Great Salt Pond. The boundary is a $00 foot band around the pond, continuing east along the south shore road. mq su w et my 3 2. The boundary: follows the ridge line connecting the south shore road with the East End Road. North Side: West along the East End Road to the road along Altona Lagoon, the boundary follows the road to Cnristiansted where the boundary becomes the first property line adjacent to the shoreline. It then proceeds along waterfront road to the ruins at Golden Rock and along the coastal road northwest to Judith's Fancy and the Sait River area where the boundary jis drawn along a series of ridgelines and roadways. From Kirkegaard Hill to the Ham's Bluff area, the boundary continues to follow the roadway and ridgeline of the coastal hills. ST. THOMAS BOUNDARY West End: Starting from the Botany Bay area proceeding southwest, the boundary follows the 200 foot contour Tine until the first set of coastal hills where it runs along the first set of ridges at Barents Bay and follows a combination of coastal ridges and 200 foot contour lines to the Fortuna Bay area. From there it proceeds along the 440 foot contour. At the juncture of the 200 foat contour and the West End road, the boundary proceeds along that road southeast through 66 s Estate Bonne Esperance past the College and the Harry S. Truman Airport to the Sub Base area, South Side: ~ Following the road system, the boundary proceeds along the Waterfront Drive and continues aast along the Waterfront Drive or the inland limit of formerly filled land (whichever is greater) to Long Bay Road. It continues along Long Bay Road through the Havensight area. in Bakeroe, Frenchman's Bay; and Bolongo. area, the boundary is a composite of ridge lines and contours approximating the 200 foot contour line. rast End: In the East, the first tier boundary is coterminous with the Bovoni Road to the inter- section with Turpentine Run. From that juncture the boundary follows a series of ridge lines to Estate Nazareth and joins the Nazareth Bay/Smith Bay Road at Yessup Bay. From there, the boundary is coterminous with the Smith Bay Road to Mount Pleasant where it follows the ridge line. From that point, the boundary again proceeds along the Smith Bay Road. Starting in Frydendal the boundary is a series of first ridge lines continuing along the north east. North Side: A series of contours and ridge lines comprises the boundary. This series approximates either the 200 or 400 foot contours to LovenlTund Bay and the Peterborg Peninsula; al] of which js included. . The boundary then proceeds southwest following the Magens Bay Road to Drake's Seat.. The boundary continues along the Loujsenhoj Road to Misgunst, where it assumes approx- imately the 200 foot contour to Botany Bay. ST. JOHN BOUNDARY A large part of St. John (approximagely 50 percent) lies within the Virgin Islands National Park and is therefore excluded from the Management area. For the most part, the first tier boundary is drawn along a series of contours; roadways and the boundaries of inholdings (those properties within the confines of the park and slated for acquisition but which have not been purchased). 67 ¢ * Cruz Bay to Fish Bay Area: From Cruz Bay to Fish Bay the boundary has been drawn along a combination of property lines, roads, and the 200 foot contour. Coral Bay Area: Starting at Concordia, Drunk Bay, to Coral Harbor the boundary is coterminous with the National Park boundary. The entire East End from Haulover is included. Cinnamon Bay - Caneel Bay Areas: At the Cinnamon and Caneel Bay areas the boundary includes ali of the “inhnidings". EXCLUDED FEDERAL LANDS The boundary of the coastal zone, by law, must exclude “lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal government, its officers or agents" (Section 304 (a), CZMA and 15CFR 923.11 (4) ). The guidelines require that management plans identify Federal lands over which the states do not exercise jurisdiction as to use.. There has been considerable controversy surrounding the definition of "sole discretion", and provisions of the Act. A ruling from the U.S. Attorney General was requested by the Office of Coastal Zone Management-NOAA to clarify this issue. The opinion of August-10, 1976 statas, "4 full power to control the use of lands of the United States resides in Congress, such power must also be the sole power, for power is not full if subject to the actions of another. Thus, the plain language of the Federal lands: exclusion makes it clear that a11 Federal lands are excluded from the coastal zone" (emphasis added). Accordingly, all Federal areas owned, leased, neld in trust, or whose use is otherwise by law subject solely to the discretion of the Federal government within the Virgin Islands are excluded from the coastal zone boundary. Pursuant to Section 307 (c) (1) and (2), activities which "directly affect the coastal zone are subject to the so called “consistency provisions". A list of excluded Federal land is found in Apnendix B, Virgin Istands Federal Interaction and the National Interest. Excluded Federal lands are delineated on the Coastal Land and Water Use Map. Program Goals and Coastal Polices Goals and policies regarding the coastal zone have been derived from two sources: those policies previously endorsed by the Government of the Virgin Islands in various legislative acts, and those resulting from the findings of the Study Procedures as detailed in Chapter Two. Many of the CZM policies are a reiteration of policies, goals, and objectives articulated in existing Virgin Islands legistation. Tha CZM program has analyzed these coastal reiated volicies, developed additional policies based on the technical findings, and synthesized the two. The goals and policies also reflect the national policies outlined in the Coastal Zone Management Act (Sections 302 and 303). These goals and policy statements have been used as a framework for guiding the development of all aspects af the Virgin Isiands Coastal Zone Management Program. EXISTING RELEVANT VIRGIN ISLANDS POLICIES Policy statements concerning the importance of coastal resources and the necessity for their wise management are found in the major legislative acts pertaining to the coastal anviron- ment. Policies reflecting the need for economic growth and industrial development are also articulated in a number of Territorial laws. The following legislative policies have served as a basis for program development. In the Open Shoreline Act (Act No. 3063, Title 12, Chapter 13, V.I.C.), the Legislature recognized the historical importance of the shorelines and sea to all Virain Islanders and also recognized the infringement of development upon traditional uses, particularly the right to the uninterrupted and unobstructed use of the shorelines. Concerning the use of the shorelines and coastal waters, it is legisiative policy to “preserve what has been a tradition and to protect what has become a-right of the: public". This policy is further substantiated by the inclusion in che Industrial Development Law (Title 29, Chapter 12, V.I.C.) of a stipulation that, as a requirement for tax exemption, each business with a coastal site "grant to the Government of the Virgin Islands a perpetual ease- ment upon and across such land to the beach or shoreline ta provide for an unrestricted access thereto to the public". Governmental policies toward the submerged lands are articulated in the Trustilands, Occupancy and Alteration Control Act (Act No. 3667, Title 12, Chapter 15, V.I.C.). Here the 69 oy Legislature finds submerged and filled lands to be vital natural resources that are held in trust for the “benefit of the people of the Virgin Istands. Therefore, it i$ ancumbent upon the Government of -the Virgin Islands to preserve, protect, maintain, and improve the natural resources of the Virgin Islands, and to protect the public interest, by controlling the occupancy and alteration of trustlands", The coastal waters nave received legislative attention as well. The O11 Spill Prevention and Pollution Control Act (Act No. 3538, Title 17, Chapter 12, ¥.i.°.}) states that: 1. "The highest and best use of the waters and shorelines of this Territory is a source of public and private recreation." 2. "The preservation of this is a matter of the highest urgency and priority, and that such usa can only be served effectively by maintaining the coastal waters, astuaries, beaches and shorelines in as close to a pristine condition as cossible, taking Into account multiple usé accommodations necessary to provide the broadest oossible promotion of public and private benefits.” 3. "The preservation of the public uses referred to herein is of grave public interest and concern to the Territory in promoting its general welfare. ." The strong interrelationship between coastal areas and inland sections has been recognized in the Earth Change Law (Act no. 2967, Title 12, Chapter 13, V.I.C.). The findings determined that the lands and waters comprising the watersheds of the Virgin Islands are "great natural @ assets and resources," and that improper development has adversely degraded the anvironment to the extent that it is now a palicy to prevent soil. erosion, and conserve beaches, shorelines, and the coastal zone of the Virgin Islands. While governmental policies state that the highest and best use of the coastal waters and shores is recreation, and that preservation and conservation of the coastal areas and natural resources are-a public concern, the need for economic growth and development has also been recognized. The purpose of the Industrial Development Law (Title 29, Chapter 12, V.I.C.} is the “promotion of the growth, development, and diversification of the economy of the Virgin Islands by discovering and developing to the fullest possibile extent the human and economic resources available therein’, To this end, it is a policy to promote “the growth, development and diversification of the economy of the Virgin Islands, . . . and the capital formation for the industrial development af the Virgin Istands". In addition to industrial development, this legislation calls for “preservation of _ the environment, beauty and natural resources of the Virgin Islands;" ail of whose purposes and objectives are declared to be in the public interest. The position is further substantiated by the specific requirement that industries meet “standards of ecological compatibility” by © requiring adherence to Federal and/or Territorial environmental standards. While the Legis- jature has articulated concern for the quality of the coastal environment in laws relating 70 < . specifically to the environmental and aesthetic resources, the inclusion of these values in legislation dealing with industrial develapment is highly significant. Thus,. based upon an analysis of recent coastai related legislation, it is evident that existing governmental policies reflect the need for environmental protection measures as well as economic growth. In addition, it is clear that the legislative intent is to protect and enhance the traditional uses of the shorelines. COASTAL GOALS An analysis of existing governmental policies, resource capabilities, ana jikely future needs has led to the development of a set of goals for the CZMP. For the purposes of this report, goals are defined as abstract statements reflecting broad social values associated with the coastal zone. These coastal goals reflect the need for economic development, the conservation and preservation of significant natural resources, and the perpetuation of traditional uses. The following goals apply to the coastal Zone of the Virgin-Islands and are found in the Virgin Island Coastal Zone Management Act of 1977 (Virgin Isiands CZMA). (See attachment) ]. Protect, maintain, preserve, and where feasible, enhance and restore, both the overall] quality of the environment in the coastal zone and the natural and’ man-made resources and historic resources of the coastal zone for the benefit of residents of and visitors to the Virgin Islands; 2. Preserve, protect and maintain the trustlands and other submeraéd and fiiled jands held in trust by the Government of the Virgin Islands so as to promote the general welfare of the people of the Virgin Islands; ) , 3. Preserve what nas been a tradition and protect what has become a right of the public by insuring that the public, individually and collectively, has and shall continue to have the right to use and enjay the shorelines and by maximizing public access to and along the shoreline consistent with constitutionally protected rights of private property owners; 4. Promote and provide affordable and diverse public recreational opportunities in the coastal zone for all residents of the Virgin Islands consistent with sound resource conservation principles; 5, Assure the orderly, balanced utilization and conservation of the resources of the coastal zone as well as consideration of the social and economic needs of the people of the Virgin Islands; fon) Assure priority for coastal dependent development over other development in the coastal zone; 7. Accommodate economic development and-.growth jin the coastal zone ina manner that protects valuable natural resources by managing the impacts of human activity so as to maintain 7 Ut fa and enhance the long-term productivity of the coastal environment; Manage the use and development of renewable resources to achieve optimum sustainable yield and of non-renewable resources in light of the public's long-term needs and interests; Conserve ecologically significant resource areas for their contributions to marine productivity and value as wildlife habitats and preserve the functim and integrity of reefs, marine meadow, salt ponds, mangroves and other significant natural areas; Maintain or increase coastal water quality through erosion sedimentation, run-off, siltation and sewage discharge control measures; Consolidate the existing regulatory controls applicable to uses of land and water in the coastal zone into a single unified process consistent with the nravisiens af this Act and coordinate therewith the various requiatory entities of the Unites States Govern- ment and public agencies of the Virgin Islands. COASTAL POLICIES 9 accomplish the coastal goals established above and evaluate existing and proposad programs and projects, the following set of coastal management policies have been adopted by the VICZMA of -1977. For purposes of the management program, the oolicies are action oriented statements that set forth the general management guidelines and procedures for realizing the goais af the program within the first tier of the coastal zone. The policies are grouped into three broad categories: those relating to development practices, those relating to the natural environment and those relating to coastal amentities. As articulated in the VICZMA of 1977; it is the policy of the Virgin Islands to: Development Policies Encourage and guide new development to. the maximum extent feasible into locations within, contiguous with, or in close proximity to existing developed sites or, where such sites are not able to accommodate such development, into other areas with adequate public services and where it will not have significant adverse effects, individually, or cumulatively, on coastal zone resources; Assure that development will be sited and designed to protect. views to and along the sea and scenic coastal areas, to minimize the alteration of natura] land forms, and to be visually compatible with the character of surrounding areas. To these ends, regu- lations of bulk, height, set-back, minimum lot coverage and associated matters provided 72 thy « in the applicable sectians of the Virgin Islands Zoning and Subdivision Law may be made more restrictive by the Commissioner®. as applied to particular developments Assure that development is so designed as to minimize risks ta life and property in areas af high geologic or floading hazard; Assure that all new subdivisims, in addition to other requirements in, this chapter and requirements contained in the Virgin Islands Zoning and Subdivision caw, are ohysically suitable far praposed sites and are designed and improved so as to avoid causing environmental damage or problems of public health, Encourage urban waterfront redevelopment and renewal in developed harbors in order to Vink residential neighborhoods and commercial downtown areas with physical and visual access to the waterfront; . Within the appropriate areas designated in the Coastal Land and Water Use Plan, give highest priority along the shoreline to water dependent uses, particularly in those areas suitable for commercial, industrial, port and marine facilities, and recreation: give secondary priority to those uses that are water related or nave special siting needs; and do not permit uses which are neither water dependent or related nor have special siting needs in areas suitable for industrial, commercial, and marine facility development; Encourage fishing, and carefully monitored mariculture and the controlied cultivation of the seafood harvest and, to the extent feasible, protect local fishing activities from encroachment; Prohibit further dredging or fiiling of submerged lands unless such dredging or filling is clearly in the public interest; and promote the widest possible public benefit from port and harbor and channel dredging and ensure that such proposals are consistent with specific marine environment policies. To these ends, the diking, fil}ing or dredging of coastal waters, salt ponds, lagoons, marshes or estuaries shal] be permitted. in accordance with other applicable provisions of this Chapter, only where there are no feasibly Jess environmentally damaging alternatives, and where feasible mitigation mea- sures have been provided to minimize adverse environmental effects, and shall be limited to the following: (i) maintenance dredaina required for existing naviaational channels, vessel berthing and mooring areas, incidental public service nurnoses, including. but not limited to burvina of cables and pipes or inspection of piers and maintenance of existing intake and outfall lines: (ii) new or exnanded port. oil. aas and water transportation, and coastal dependent industrial uses, including commercial fishing * Commissioner of the Department of Conservation and Cultural Affairs 3 oe PY . + facilities, cruise ships facilities, and boating facilities and marinas; (iii) mineral extraction, including sand, except in significant natural areas; (iv) restoration purposes; Prevent further growth and development in high hazard areas and preserve natural buffers throughout the first tier of the coastal zone; Require that all development in the first tier of the coastal] zone comply with all other applicable jaws, rules and regulations, standards and criteria of public agencies, Environmental Policies Conserve ecologically significant natural areas for their contributions to marine productivity and value as wildlife habitats; Protect complexes of marine resource systems of unique productivity and assure that activities in or adjacent to such complexes are designed and carried out to minimize adverse effects on marine productivity, habitat vaiue, storm buffering capabilities, and water quality of the entire complex; Preserve the function and integrity of reefs, marine meadows, sait ponds, mangroves and other natural systems; Consider the use impacts to marine life and adjacent and related coastal environments when assessing recommendations for development within the coastal zone; Assure that silting criteria, performance standards, and activity regulations are stringently enforced and upgraded to reflect advances in related technology and knowledge of adverse effects on marine productivity and public health; Assure that existing water quality standards for all point source discharge activities are stringently enforced and that the standards are continually upgraded to achieve the highest possible conformance with Federally promulgated water quality criteria; Preserve and protect the environments of offshore islands and cays; Control construction in water bodies in minimize interference with water circulation and sediment transport to preserve water quality and marine productivity; Accommodate offshore sand and gravel mining needs in areas and in ways that will not adversely affect marine resources and navigation. To this end, sand, rock, mineral, marine growth natural minerals, or other natural products of the sea, excepting fish and wildlife, shall not be taken from the shoreline without first obtaining a coastal zone per- mit, and no permit shall be granted unless it is established that such materials or pro- ducts are not otherwise obtainable at reasonable casts and-the removal of such materiais or products will not materially alter the physical characteristics of the area or adjacent areas on an immediate or long term basis, or unless the Commissioner has determined that a surplus of such materials or products exists at particularly designated locations; Assure that dredging. and disposal of dredged material will cause minimal adverse affects to marine and wildlife habitats and water. circulation. Protect environmentally sensitive habitat areas, especially those of endangered species, against significant disruption of habitat values; Assure that development in areas adjacent tc environmentally sensitive habitat areas, to significant natural areas and to parks and recreation areas ts sited and designed to prevent impacts which would significantly degrade such areas; Evaluate refinery and deepwater ports and sites to ansure that proposed facilities and sites will cause minimum harm to the coastal environment, and to ensure that i ‘ facilities make use of technology that minimizes public health and safety risks. To these ends, oil and gas developments must be performed safely and consistent with geo- logic conditions of the wel] site; on-shore facilities related ta such developments must not be sited where a substantial hazard to vessel traffic might result from the facility or related operations etarmined in consultation with appropriate Federai agencies; and the operation and production from said developments must meet applicable water quality standards; Assure all of the foregoing development must (a) be designed to assure that adverse impacts on marine productivity, habitat value, storm buffering capabilities and water quality are minimized to the maximum extent feasible; (b) be designed to assure structural integrity and neither create nor contribute sianificantly to erosion, geologic instability, sediment sransport, Tand settlement or che environmental cearadation of che site or. surrounding areas; and (c) be-designed, constructed,operated and maintained in a manner in which mitigates or avoids the significant negative environmental effects of the development to the maximum extent feasible. Said effects shal] be identified in the environmental assessment form prepared far, or used in the review of, the development, or described in any other study, report, test results or comparable documents. Amenity Policies Protect, and where feasible or appropriate ,enhance and increase public coastal recreational uses, areas and facilities; 5, an . woes Protect and enhance the characteristics of those coastal areas which are most valued by the public as amenities and which are scarce, which will be significantly altered in character by development, or which will cause significant environmental degradation if developed; Preserve agricultural Jand uses in the coastal zone by encouraging maintenance of its present use, or for use as open-space areas; Assure that development does not encroach upon or adversely affect the use of public recreational areas; Incorporate visual concerns into the early stages of the planning and design of facilities proposed for siting in the coastal zone and to the extent feasible, expand and maintain visual access and provide views of the coastline and coastal waters; Protect, foster, ensure and improve maximum access to, and recreational opportunities at, the shoreline for all the people consistent with public rights, private property owners riahts and the need to protect natural resources from overuse. To assure these ends, no person shall create, erect, maintain or construct any obstruction, barrier or ° restraint of any nature whatsoever upon, across or within the shorelines of the Yirgin Islands which would interfere with the right of the public individually or collectively, to use and enjoy any shoreline, as orovided in Title 12, Chapter 10 of this Code; 7. .Development shall not interfere with the public's right of access to the sea where ac- 8, te . quired through use, legislative authorization or dedication, including without limitations, the use of beaches to the landward extent of the shoreline; The Commissioner may require that public access from the nearest public roadway to the shorelines be dedicated in new development projects requiring a major coastal zone permit. Factors to be considered in requiring such public access include whether (i) it is con- sistant with public safety or protection of fragile coastal zone resources; (ii) adequate access exists nearby; and (iii) agricultural or other similar uses would be adversely affected. Dedicated accessways shall not be required to be opened to public use until a publicj;agency or private association agrees to accept responsibility for maintenance and liability of the accessway. Nothing in this subsection shal] restrict existing public access nor shall it excuse the performance of duties and responsibilities of public agencies as provided by Taw to acquire or provide public access to the shoreline. . Management of the second tier is effectively conducted through the existing Earth Change Law (Chapter 13, Section 531, Title 12 of the Virgin Islands Code and the Rules and Regulations sub-chapter 532-1 et seq.)- The declaration of policy and intent of the law is consistent with the goals of the VICZMA of 1977. The law recognizes the adverse environmental consequences of of sedimentation and siltation to the coastal waters from inland and watershed erosion. Ail significant land alteration activities are covered by the Taw and subject to permit requirements. The following is the Declaration of Policy found in the Earth Change Law: The Legislature of the Virgin Islands hereby determines and finds that the lands and waters comprising the watersheds of the Virgin Islands are great naturai assets and resources; and that improper development of land results in changes watersned conditions such as: erosion and sediment deposition on Tower-lying land and in the tidal waters, increased flooding, qut and drainage filling and alteration, pollu- tion, and other harmful environmental changes to such a degree that fish, marine life, and recreational and other private and public uses of lands and waters are being adversely affected. In order to protect the natural resources of the Virgin Islands, promote the health, safety and general welfare of the citizens of the Virgin Islands, and to protect private and oublic property, the Legislature further finds and determines that it is necessary to establish by law an environ- mental protection program for land development to prevent sail erosion and for che conservation of beaches, shorelines and the coastal zones of the Virgin Islands. Permissible Land and ‘Water Uses The CZMA requires “3 definition of what shall constitute permissibie land and water uses within the coastal zone which have a direct and significant impact on the coastal waters” (Section 305(b)(2)}; and "broad guidelines on priority of uses in particular areas, including spacifically those uses of lowest priority” (Section 305(b)(5)). This requirement has been termed "permissible uses" and contains three distinct but related elements (15 CFR 923.12(b)). The tasks required to fulfill the elements include a definition of direct and significant impact, a determination of uses subject to the management program, and an assignment of priority to the various uses (15 CFR 923(b)). DEFINITION. OF DIRECT AND SIGNIFICANT IMPACT The first element requires the determination of uses with direct and significant impact upon coastal waters and a designation of those uses subject to the management program. This process must include: "A method for relating various specific land and water uses to impact upon coastal waters, including utilization of an operational definition of direct and significant impact” (15 CFR 923.12(a)(71)}). The CZMA delegates the role of operationally defining the concept of "direct and significant" “a the states:.and territories. Within the. context of the Virgin Islands, the following definition was developed: ~ 77 ahs Direct is an identifiable, causal relationship resulting from an action, or series of actions, through some primary link or process. Significant is an impact whose effects enhance or degrade the quality of the environment, or curtail the range af beneficial uses of the enviroanment,. or that serve short-term, to the disadvantage of long-term CZM goals, objectives and policies and the “quality of life" in the Virgin Islands, or which are likely to be highly controversial, or those impacts which may be individually smal] but cumulatively large. Impact is any modification in a characteristic of the resources of the coastal waters. These modifications include, but are not limited to, sedimentation, siltation, water quality, water circulation, aesthetics, socioeconomic patterns, yittoral erosion and accretion, or other changes in the coastal waters. _ USES SUBJECT TO THE MANAGEMENT PROGRAM The Act defines uses in the broad policy terms of ecological, cultural, historic, and aesthetic values, as well as the needs for economic development (Section 303(b)). The rules and regulations indicate that a comprehensive program should consider, among others, present uses, industrial needs, energy generation, housing requirements, recreation, open space, mineral resources, communication facilities, and commercial fishing. The Planning Office has used this guidance as a basis in developing a list of uses. The rules and regulations further. stipulate that uses subject to the management program are those with direct and significant impact on the coastal waters. To determine which uses are subject © to the management program, the possible consequences of each use were assessed, Those with a direct and significant impact constituted uses subject to the management program; to be controlled, restricted, or encouraged as appropriate, " The final selection of the first tier boundary reflected the need to include sufficient area to manage these uses to the extent that they directly and significantly affect coastal waters. Determinations were based upon the coastal policies and the various technical analyses of Chapter Two, particularly the resource inventories, the resource capability analysis, and staff and Advisory Committee assessments. Table 5.1 represents those uses identified as haying a direct and significant impact on coastal waters and therefore subject to the provisions of the CZMP, USE ACCEPTABILITY AND PRIORITY OF USES < The third aspect of permissible uses calls for the identification of uses which the territory deems permissible {connoting “allowable"), These uses are defined as "those which can be reasonably and safely supported by the resource, which are compatible with surrounding resource utilization and which will have a tolerable impact upon the environment" (15 CFR 923.12(b)(2)(iii)). Section 305(a) of the CZMA requires that the management plan shall include "broad guidelines © on priority of uses in particular areas, including specifically those uses of lowest priority." ive) oe TABLE 5:1 USES/ACTIVITIES SUBJECT TO MANAGEMENT PROGRAM _ COASTAL WATERS > ISSUES/CHARACTERISTICS $ ¢ ¢ - e¢ = YF > a ¥ PS USES-AND ACTIVITIES e $€ § g¢ & ¢ €$ § & 3 xo £ = RS a 2 & 2 gS s Xess wv S > Ro) & S53 F F S$ YF #F GF LAND BASED USES heavy industry ae * % *- *% high intensity % * + Bo + solid waste disposai % x «% % ce 3 ue roads ee “% & & a ie xe low density planned subdiv. & med. density ed %& xe low density residential i g golf courses *% & ae agriculture ie Ot 3b % % a recreation/conservation % (undeveloped, open space) = recreation (intensive) ™ % WATER BASED USES s0lid waste disposal x & *# *# « + & * heavy industry (off-shore facility) % % * + * mining (extraction) ae % * * * %* cruise & passenger & freight facilities * *& % * *% marinas 3 % * * * * Ox maricuiture e 2 ES * 8 fishing % ae CONSTRUCTION ACTIVITIES dredging x * * # + © & SS filling * *% shore stabilization & * # * excavation oe ae 6 % site clearing x * x pile driving * * blasting 2 % # * “blow-out” (boat propeller) st Oe ae # indicates a direct and significant impact on the water characteristic/issue 79 ft The regulations further elaborate, "the management program shall include broad policies or guide- lines governing the relative priorities which will be accorded in particular areas to at least those permissible land and water uses . . . The priorities will be based upon an analysis of State and local needs as well as the effect of the uses on the area." Uses-of lowest priority must also be specifically stated for each type of area (15 CFR 923.14), Having defined direct and significant impact, determined the uses subject to the management program, and delineated the boundary of the coastal zone, the acceptability of these uses within that area must be determined and priorities assigned. The approach to the use acceptability and priority of use process was designed around a classi- fication of general coastal management units which permits the rather diverse and dissimilar coast- line to be analyzed in terms cf several basic types of coastal environments. This approach is nremised upon the finding that certain portions of the shoreline and marine environment have similar characteristics, and therefore similar capabilities for use. Thus, based on these characteristic constraints and potentials, homogeneous coastal areas may be similarly managed. These environ- ments are defined in terms of slope, soils, vegetative cover, erosion susceptibility, marine bottom type, and use constraints. , Eleven distinct coastal environments have been identified and were initially utilized as manage- ® ment units. These coastal environments are: 1. High Relief/Rocky Shores 2. Low Relief/Rocky Shores 3. Salt Pond 4, Mangrove 5. Beach 6. Sand Bottoms 7. Grass Beds/Alaai Plains 8. Coral Reefs and Algal. Ridges 9. Daveloped Bays and Shorelines (Urban,Developed, Industrial) 10. Offshore Islands and Cays ell. Open Water Definitions of the coastal environments and a general discussion On use constraints are found in Appendix E. A more detailed discussion of the marine aspects are found in the technical supple- ment VICZM: Marine Resources. The Coastal Environment Map illustrates their distribution. The coastal goals and policies were employed in conjunction with the technical @ findings from the study procedures to assess the "permissibility" of each generic use category, to determine use acceptability and to assign priorities. Table 5.2 illustrates the acceptability and so -¢ UNITED STATES DEPARTMENT OF COMMERCE The Assistant Secretary for Science and Tacinaiagy . Washington, 0.C. 20230 go: - ; (202) 977-3111’ SAN 28 1978 In accordance with the provisions of Section 102(2) (C) of the National Environmental Policy Act of 1969, we are enclosing for your review and consideration the draft environmental impact statement prepared by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, Department of Commerce, on the Proposed Virgin Islands Coastal Management Program. Any written comments or questions you may have should be submitted to the contact person identified below by March 26, 1979 . Also, one copy of your comments should be sent to me in Room 3425, U.S. Department of Commerce, Washington, D.C. 20230. CONTACT PERSON Guit/Istands Regional Manager Office of Coastal Zone Management 3300 Whitehaven Street, N.W. Washington, D. C. 20235 Telephone: 202/634-4132 Thank you for your cooperation in this matter. ie , ey 2 Calle ad Re “et Deputy Assistant Secretary Tor Environmental Affairs: Enclosures TABLE 5.2 PRIORITY OF USE DESIGNATION @ First Priority LEGEND Second Priority © Third Priority © Nor Permitted USES Not Applicable HEAVY INDUSTRY water-dependent water related non water Oriented/related™ UTILITIES waste water treatment facilities waste water treatment outflaw water and power facilities (water dependent) RESIDENTIAL high density fow density planned - med..density subdiv. low density SOLID WASTE DISPOSAL sanitary landfill marine landfill artificial reef construction AGRICULTURE, grazing cropland RECREATION water dependent (passive} non Water dependent recreation conservation (undeveloged/agen snace} preservation HOTEL/ RESORT COMMERCIAL water dependent water related non water dependent/related LIGHT INDUSTRY (Light assembly and textile wholesaling, warehousing! water dependent water rejated non water dependent related MINING (extraction) PORT FACILITIES cruise and passenger facilities fraight tactifties marina facilities “traditional” waterfront use (banana boats, docking.) navigational aids TRANSPORTATION: roads parking facilities seaplane/helicopter facilities NATIONAL DEFENSE FISHING recreatianal/light commercial (traditional) mariculture commercial OTHER COASTAL RELATED ACTIVITIES dredging fill/spoil dispasai blasting “tlow-out™ site clearing excavation & « ea e Cer ng hn) [je * # v Fe 8 oa FS VP & & vv 2 & € o or vw SF x Rol # ae & & 2 & x Oa “we & CES SL ae EFSF EFL SS SSF SKE SS CA SFE POP Swe KM FF OK B 008 9 F 8 OC0C SF 8 O Bs oos8 & o0o00 - 9 ooco. 8 oO & oO. eeses 680 0 8 #ecsc Boseoosases3 oOo sd —D eo 0 98 eeceo oo;°o 8 5093 0 Ooo 0 6 Se O 0 oo 0 8 a0o0 90 oo 0 oO eoo0o0o0ocoadt é 8 O08 @ 8 9 eo 2 i) a 3330 393939360°93839 93 23 8o.ees0 oo 0 8 93399909393 9839 sam CCS 3ID STA ® 99668 000 8 oo08 8 OoO0 0 oO Ove 8 O00 0 e) O00 0 oo 0 o Oo. 8 Oo 0 Oo 008s @ Ooo 0 @) 008 8 Oo 9 @) eeo0000000800 829 ose 3} 9s 9eo0cn8a aC KC Ss oO9m se 8S 0O0C e828 OC DB 89ecqcd8 Pv TCC BC Ee FCS BD: 3aade0e383 9 S828 938S9 9 >oss3ds0a9° 9° 930303 9 eescs oo 0 1e) Ooo0o 8 oO 0 e) O08 8 900 S 9:33 909990939939 95 6 e @«989e989 9 8 ¢936098 8 (e) 0098808 93 aesoo00eos eeoo0oo ooso oa oO 00 CO ©) 00000 8 OO re) 9S @ 3} 8 000 8 eo a Boeo0ocrcddc0acos$od a be as use priority concepts using the coastal environments and a listing of uses. A priority rating @ is assigned to each use for each coastal environment. The scale of priority designations ranges from a rating of one 3B for those usas which should nave first prisrity in a particular coastal environment, to a rating of three © for third priority uses, anc © for uses that are not permitted. GUIDELINES The following is a set of guidelines for development in specific coastal environments, These guidelines were developed consistent with the coastal policies, use priorities, and study procedures. Certain guidelines were utilized in developing a coastal “land and water use plan, and will serve as a basis for developing the rules and regulations and standards for the permit system, and zoning revisions (See Chapter Eight, Mechanisms for Implementation). STEEP AND LOW RELIEF SHORELINES Steep slopes are most appropriate for low intensity uses, water dependent recreations, con- servation and watershed protection, siting of navigational aids, controlled grazing and low density residential development. The most appropriate uses for low relief shorelines are grazing, agriculture, conservation and low and medium density development. Areas of severe building constraints should be utilized as greenbelts by zoning for open space, fee simple acquisition, or purchase of scenic easements or development rights. Structures should be regulated with respect to height restrictions, setback, site preparation and landscaping and color, particularly on the crest of hills, ridgelines and other highly visible and/or aestheticaily vulnerable areas. Development should be clustered to minimize visibility and more efficiently utilize Jand. DEVELOPED BAYS AND SHORELINES The urban waterfront should be reserved for recreational and traditional uses, conservation, water dependent commercial activities, navigational aids, limited cruise and passenger facilities and other water dependent transportation. The management program should be closely related and coordinated with Historic District activities of Charlotte Amalie, Christiansted and Frederiksted. Waterfront parks should be given greater attention. Existing parks should receive priority 82 : from Conservation and Cultural Affairs beautification funds. An effort shoud be made to create new parks, even vest-pocket parks, along urban waterfronts - especially in the many areas in which re-development is anticipated. Developed industrial aréas should be reserved for water dependent transportation and port facilities, water dependent/related uses, special needs, heavy and light industry, and utilities siting. Developed bays should be reserved for port and marine facilities, industry, and where appropriate, waterfront recreation. Marina capacity. should be increased by the-use of dry-land storage areas, with careful land- scape integration to eliminate extensive docks and slips. Because of limited circulation and existing pallution load, developed bays should not be ‘considered for direct waste discharge of any type. BEACHES All sand beaches should be canserved for recreational ournases, Other appro- Driate beach uSes are traditional docking and boating and navigational aids. Beaches not designated as recreational, may be designated for a wider array of water dependent uses, Consistent with other policies and recommendations. The construction of new, large-scale beachfront resort complexes should not be encouraged. Dredging in bays with beaches should not be allowed, except under carefully planned and monitored conditians. Shoreward earth change and drainage madifications must be contralled to protect beach areas from pollution by storm runoff. Structures (pipes, docks, groins, walls) should never be constructed across, or at right angles to, a beach unless careful, extensive study of alongsnore sand transport regimes indicate they. will be innocuous or advantageous. Sand should not be removed from beaches. Structures;in beach areas: should be:regulated: with respect to color, height and vegetative screening, and landscaping. MANGROVES The remaining large mangrove areas (especially Salt River, St. Croix and Jersey Bay, St. Thomas} should be placed in the territorial park system. Their development should be restricted far recreational, aesthetic and research and teaching. use. Only minimal, carefully planned construction, 83s compatible with their protected status, should be permitted. As a rule, dredging and filling should be prohibited except on a small, carefully controlled scale and only if through study has indicated the absolute necessity for some purpose which is consistent with protective management. , Sport fishing may be permitted, but it may also be necessary to specify allowable areas, fishing gear and Boat traffic within the area must be strictly controlled. Some portions may be apened to small outboard powered boats, while other areas (shallows, quiet waters, muddy bottoms) should be closed to all motor boats. Points for small boat docks, launching ramps, and other access structures should be carefully selected and structures carefully planned, constructed, licensed, and managed. No waste discharges or pollution substances of any kind should be permitted into the area. Upland sewage systems snould provide for treatment or recycling which will not allow seepage of affluant to shore waters. Development guidelines should be promulgated for the watershed which drains into the mangrove areas in order to control the volume of runnoff. By zoning, licensing, or other appropriate controis, buffer zones should be maintained adjacent to the mangrove area to minimize runoff, erosion, and air ar water pollution which may adversely affect the mangrove area. Impervious surfaces (asphalt, concrete, etc.) should be kept at a minimum and orevisions made to impound runoff from such surfaces and store it for use or percolate it into the soil. Within the context of the recommended protected status the natural attributes of the two large mangrove areas (Salt River and Jersey Bay). should be developed for multiple uses to translate these attributes into useable social resources. Use of the areas could include passive recreation (nature trails, underwater trails, hiking), controlled fishing, swimming, and educational study, SALT PONDS The most appropriate and highest priority use for many salt ponds is the preservation and maintenance of their function as sediment traps and wildlife sanctuaries, Management of-salt ponds should be undertaken on an individual basis with the impacts of modifications assessed. The relationship of each pond to the surrounding watershed should be determined. This consideration may determine whether or not pond modification is advisable and what alternate or restorative drainage provisions are required. No waste discharge or dumping should be permitted. a4 . + Watershed drainage and runoff patterns which would adversely affect ponds should not be permitted. MARINE MEADOWS (GRASS BEDS) Priority uses for marine meadows and algal plains are conservation (with limited fishing} oe nd carefully monitored maricuiture. Any uses. in. or’adjacent to marine meadows and .algal plains that create chronic, heavy turbidity or otherwide-impeder sunlight penetration, or: cause -perturbation, should be prohibited. In cases where marine grass beds or algal plains must be damaged during construction of orojects not contrary to the oublic interest, project design shall include re-establishment '. oF bottom conditions favorable to natural regeneration of sea grasses. Uniass a bay has Deen committed specifically for anchorage areas, boat density should be specified. Fixed moorings, privately or publicly maintained and leased, are essential. SAND BOTTOMS Because a critical shortage of sand and aggregate material exists in the Virgin Islands, it is recommended that further detailed studies be conducted to locate areas that are environ- mentaily and economically viable for extraction. 7 Use options should be considered in light of the relatively tolerant quality of the habitat. The uses of sandy areas should be consistent with maintenance of adjacent reefs, beaches,.grass beds, etc. CORAL REEFS AND ALGAL RIDGES As with salt ponds, the importance of coral reefs and algal ridges.should be assessed on an individual basis to determine the value to ecological systems and man. Certain areas should be given high priority for preservation and conservation, particularly those with high aesthetic and natural resource attributes, or where waye abatement is necessary. Uses such aS recreational diving, mariculture, siting navigational aids, and recreational and traditional fishing shauld be encouraged and permitted where appropriate. Localized development of marine parks and underwater trails in conjunction with sound environmental management practices may be permitted. Except where absolutely necessary, reefs and ridges should not be subjected directly to Filling, cutting, blasting or waste discharge of any type. 85; Chemical or thermal discharges should not be permitted. All shore and water related developments should be evaluated for their relationship and possible effects upon adjacent coral reefs and algal ridges. There should be strict enforcement of the Earth Change Law and reyegetation required for all inland development.to prevent excessive siltation and sedimentation. Salt ponds and mangroves, with their natural capacities as sediment traps and filters, should be maintained to insure that water quality parameters necessary for reef and algal ridge survival are preserved. OFFSHORE ISLANDS AND CAYS In keeping with their importance as wildlife habitats, their generally "wild" and remote character, and the recommendations of the Department of Conservation and Cultural Affairs, certain cays should be set aside as inviolate wildlife sanctuaries, Other publicly owned cays’ should be developed for multiple use as recreation and nature areas, but any alternate or coincident use of a cay should be compatible with maintaining its value as a wildlife area. For those cays and islands wnere development is permitted, site preparation and development design guidelines should be developed and strictly enforced. Land and Water Use Plan The Coastal Land and Water Use Plan (CLWUP) constitutes a comprehensive plan for the develop- “ment of the first tier of the coastal zone. All zoning amendments, capital improvement programs or projects, government land acquisition programs, Jand subdivisions, and other development activities should be consistent with the Coastal Land and Water Use Plan. This plan is intended to serve as a policy guide for decision-making relative to devel opment activities in the first tier of the coastal zone. The Plan (see attached maps) graphically represents a series of proposed use designations for the first tier of the coastal zone. Nine land and water use categories were developed spanning a continuum of use intensity ranging from preservation (no development, limited activity) to industrial (high intensity uses and activities such as petroleum refining or desalinization plants). The recommended goals.) and policies, the designatian of permissible land and water uses, and the priority of use, reflected in the preceding section of this chapter, served as the foundation for plan development. Based upon the suitability. one of the nine broad categories was assigned each section of the first tier of the coastal zone. Table 5.3, the Coastal Land and Water Use Classification System, illustrates the relation- ship between the general land and water use categories, the coastal environment concept and the array of permitted uses. 86 os £8 reo ay TABLE 5.3 COASTAL LAND AND WATER USE CLASSIFICATION SYSTEM LAND AND WATER USE CATEGORY Preservation Conservation, Preservation, Traditional Uses Protection, Residential/Low Density Residential Medium Density Residential High Density Water Dependent and Related. Commercial and Marine Facilities Water Dependent and Related Industrial Marine Facilities Commercial Industrial COASTAL ENVIRONMENT Mangroves Salt Ponds Reefs and Algal Ridges Urban Waterfronts Marine Meadows and Algal Plains Beaches Reefs Salt Ponds Steep Slopes Low Relief Low Retiet Beaches Developed Developed Developed Shorelines and Waters Sand Bottoms Developed Developed Developed USES. limited passive recreation and scientific study agriculture/mariculture water dependent recreation traditional docking and fishing low density residential (one and two family dwelling), Agriculture medium density residential (multi- family dwelling unit) hotel/resort hotel/resort, high residential (multi- family dwelling unit) development low intensity port and marine and commercial facilities, that require a coastal location (marinas, cruise ships mining } high intensity port and commercial and insustrial uses that require a coastal site (container docks, water and power plants) business and other commercial uses - not requiring a coastal location (warehousing, retail business) industrial uses wot requiring a coastal location . + Although this plan identifies uses and development that should be carried out and should be pro- hibited within areas in the first tier of the coastal zone, such uses and restrictions are suggested but not mandatory until such time as the Virgin Islands Zoning and Subdivision Law, Title 29, Chapter 3 of this Code, is amended to reflect the provisions of the Coastal Land and Water Use Plan. The land and water use classification system is defined belaw: Preservation District This district comprises areas that provide valuable cuciic benefits but cannot tolerate the impacts of development. The majority of these areas are owned by the Virgin Islands Government. These areas include mangrove lagoons, many offshore islands and cays, most coral reef and algal ridge systems and certain salt ponds. Mangrove areas provide habitat for rare and endangered species; function as a breeding ground and nursery for fish and other related marine species; and trap sediment and debris to maintain coastal water quality. Offshore islands and cays represent relatively pristine natural environments, nesting sites for local and migratory birds and turtles, some of which are rare and endangered species, and are characterized ay a general Jack of accessibility and other use constraints. Coral reefs and algal ridges have narrow tolerances to such environmental variables as tamperatire, salinity, turbidity, eutroph~ ication, and effluent discharges. Reefs protect shoreline areas by abatement of waves, and most species of finfish and shell fish either live on the reefs, or depend on them for nut- rients. Salt ponds nave a high vulnerability to physical alteration with sediments ‘unstable for foundations. Salt ponds function as a natural catchments and settling basins to receive, trap and filter run-off. These areas should be preserved in their natural condition. Uses and Development Permitted: No development is permitted except pursuant to restoration. No uses are permitted except those either in conjunction with passive recreation and programs for research or those determined by the Commissioner ta be consistent with the purposes of the district, Conservation, Recreation, Traditional Uses District The district consists of areas where present functions and uses should be contained, These areas include sand beaches, many of which are being utilized for recreational uses, portions of urban waterfronts including sections of the shoreline devoted to traditional and highly valued activities such as fishing, boating and docking, and agricultural uses. Many of the beach areas 8e tay are highly mobile, and serve as buffers to protect shorefront property from wave action. They are vulnerable to aesthetic intrusions and the impact of vegetative clearings, building scale and height, and roadcuts and foundations. Beaches and the waterfronts serve as valuable recreational and aesthetic assets and are highly valued in their natural state by residents and visitors alike. Presently, only limited waterfront: is available for public beaches and it js anticipated that. the need for these areas will increase, Furthermore, many beaches, urban waterfronts, and sections of the. shoreline are areas used for traditional activities. Uses and. Development Permitted: Present uses, ancillary structures found appropriate by the Commissioner, such as residences where agriculture is the present use; accessways, changing rooms, boardwaiks, concessions, and park fixtures where recreation beach use is predominant; and small piers, docking facilities and waterfront markets where fishing and boating are predominant as in urban waterfront areas. Protection, Residential Low Density District This district consists mainly of hillsides, many of which are characterized by slopes greater than 20 percent, minimum soil depths over rocky surfaces, moderate to severe susceptibility to erosion upon site disturbance and high potential for creating unpleasant appearances if neavily developed. Sewage disposal is normally by septic tanks. These areas may be developed for low density residential uses if care is taken in siting,-design and construction, But they are not generally amenable to large scale development or high intensity uses requiring extensive site coverage, Uses and Development Permitted: One or two family detached or attached residential units with moderate cluster development in suitable areas, and ancillary structures deemed approoriate by the Commissioner. Residential, Medium Density District This district contains a smal] number of areas that possess the necessary topography and available services, such as Sewer and water-facilities, utilities and roads, to support multi-= family housing, apartments, condominiums and moderate sized hotels. To a large extent the areas in this district already have been developed for such purposes and further like development, 89 shy to the extent feasible, would be valuable both for housing purposes and for the economy of the Virgin Islands. Uses and Development Permitted: Uses and development presently permitted in the Protection, Residential Low Density District and such residential structures as are permitted in the R-3 and R-4 Zoning District and such ancillary structures and uses deemed appropriate by the Commissioner, Residential, High Density District This district covers a very small area presently devoted mainly to large hotels and high density apartments, condominiums and ancillary structures and uses to the tourist industry of the Virgin Islands. Uses and Development Permitted: Uses and development permitted in the other two residential districts; residential and tourist residential structures as are permitted in the R-5 Zoning District; and ancillary-structures and uses deemed appropriate by the Commissioner, Water Dependent and Related Commercial~Marine Facilities District This district consists of areas best suited for non-industrial commercial uses which require r -direct waterfront access, such as marinas, docks and associated facilities for cruise ships, and docks and associated facilities for cargo ships. These uses are vital for the Virgin Islands and there is a need to accommodate some growth in these activities. Suitable sites for these activities are ones where irretrievable destruction of vital marine resources will be minimized, Most of the areas contained in this district are near presently developed bays and shorelines or in areas with existing environmental pertubations. Because the number of such areas is small, this district should be limited to water-dependent uses and new development which is non~water related should be excluded, Uses and Bevelopment Permitted: Marinas, dock facilities for cruise and cargo ships and such other non-residential uses and development and ancillary structures deemed appropriate by the Commissioner, fy Water Dependent and Related Industrial-Marine Facilities District This district consists of limited areas needed to accommodate industrial uses which require diract waterfront access, such as-oil ports,.desalinization plants, and eneray. facilities, Commercial - Industrial District As sufficient suitable: interior sites for certain non-water dependent or related uses may not exist, cartain non-water dependent or related uses will be permitted in some areas of the first tier of the coastal zone. Anpropriate coastal areas, but rot the immediate shoreline, have therefore been designated far such commercial and industrial development. Uses permitted within these categories correspond to the existing zoning classifications. Commercial uses are those permitted within the present C or B zones. Industrial uses are those permitted in the i-] and I-2 zones, Federal Lands Those lands owned in fee simple by the United States government are indicated by the shaded areas on the maps. IMPLEMENTATION OF THE COASTAL LAND AND WATER USE PLAN To implement the goals, policies and coastal land and water use Plan of the CZMP zoning districts established under the Zoning Law, will be used in conjunction with a proposed coastal zone permit mechanism (see Chapter Sight, Mechanisms for implementation), The. islands are presently divided inta seventeen (17) use-districts: including agricultural, residential, business, commercial, industrial, waterfront, and public (see:.Chapter Three, Present and Future Shoreline Uses). These districts with some modifications will be used to implement the CLWUP. In instances where the oresent zaning of the area conflicts with the proposed use plan designation, changes will be made in the existing zoning classification or new categories will be created. Requirements pertaining to existing zoning districts under the Zoning Law will be maintained and/or modified (height limits, off-street parking, minimum lot size, and lot coverage). The uses allowed within each district are listed in a "Table of Permitted Uses" in the Zoning Law. The list of uses will be made consistent with the Land and Water Use Plan designation for coastal areas by deleting and/or 21 . adding certain uses. Accordingly, in certain instances, the Zoning Law and District Maps will e be amended. The following are examples of the types of zoning districts that may be established in the first tier of the coastal zone. + Use Districts RP Resource Protection (proposed } Agriculture R=1 Residential Low-Density (4. dv./ac.) R-2 Residential Low-Density (8 dv./ac.) Residential Medium-High (80 persons/ac.) R-3 W-] Water Commercial We2 Water Commercial Industrial W-3 Water Commercial Industrial -Heavy (proposed } Public 92 = va ‘ CHAPTER SIX snoreline Access and Use This chapter represents a portion of the development of the shoreline access and use.element of the Virgin Islands CZMP (pursuant to Section 305(b)(7)}, CZMA Amendment of 1976, P.L. 94-370). The development of a process for the protection of shoreline areas of environmental, aesthetic, “recreational, historical, cultural and ecological value are demonstrated in other sections of the Program concerned with goals, objectives and policies; Areas of Particular Concern; and the Coastal Land and Water Use Plan. In addition to a brief legal analysis of the shoreline access issue, critical areas are identified, and recommended future policies are outlined. Background af the Problem Tha importance of the shoreline to the lives of the people of the Virgin islands is manifast. However, in the last quarter century, the patterns af shoreline use in the Territory have been drastically altered. Several beaches and shoreline areas convenient to many users have disappeared due to dredging, the mining of sand, Jandfil} operations, or commercial developments. Some have been severely altered-as a result of the secondary effects of shoreline development. Additionally, access to beaches has been intentionally or unintentionally restricted by the construction of many projects, most notably large tourist oriented hotels and condominiums. Accordingly, shoreline, and. particularly beach access, has developed into an important social, political, and legal issue in recent years. In the past several years, considerable legislative and judicial attention has been devoted to preserying and establishing the public rights in and on the shorelines ot the Virgin Islands. Considerably less attention and energy has been directed to providing public access rights to the shoreline. The principal issue involved with shoreline access is that of the public's right to free and unrestricted use of the recreational beaches of the Virgin Islands. The territorial government took action to remedy the latter situation by enacting the “Open Shorelines Act” (No. 3063) 93 PRIVATE PROPERTY Fe, Mot he v4 raf Pipuaers VUE SU, VEEN a eter’ : IDENTIFICATION: Ms DAILY FE j. swuoREN 400 Powe Lee | | talib Bile ole 300 | Nh (ey) DO WE WANT MORE OF THIS? ARE PORTABLE. SWIMMING POOLS ACCEPTABLE? THOUSANDS OF VIRGIN ISLANDERS SAY NO! The answer from our Legislators is embodied in Bill No. 4849, which, although recognizing the moral, legal and philosophical issues of the peaple’s right to use the shorelines and beaches, has DISTINCTLY STRONG NEGATIVE features: It is an ambiguous and misleading Bill which is not firm in protecting the peo- ple’s right to free public use of beaches and shorelines. The major part of the Bill echoes the opinions of the very persons and organi- zations who showed contempt for our community by suggesting FIRST CLASS BEACHES FOR TOURISTS, SECOND CLASS BEACHES FOR RESIDENTS. The bill names an unnecessary committee to be made up of Government offi- clals and alleged experts who are NOT REPRESENTATIVE OF THE PEOPLE. These individuals showed no initiative and concern and were strangely silent when the issue was brought to the public’s attention. What does the future hold for our Virgin Islands? WHO WILL LISTEN TO THE PEOPLE??? ‘" In the past, the wishes of those with money and position prevailed. Now — will our Elected Representatives heed the voice of the peopie or will they continue to SELL US OUT??? Every able-bodied thinking Virgin islander is needed to support this Project. Take your family and visit the Beaches regularly... DO NOT PAY TO SWIM! BEACHES BELONG TO YOU! DEMAND YOUR RIGHT! CITIZEN COMMITTEE FOR FREE BEACHES FOR ALL ~ June 197] Ww Y . in 1971. Essentially, the Act affirms the public’s right to use the shorelines of the islands. The shoreline, as defined by the Act includes “the area along the coastline ... from the seaward Tine of low tide, running inland a distance of fifty (50.feet; or to the extreme seaward boundary of natural vegetation which spreads continuous ly inland, or to 4 natural barrier; whichever js the shortest distance.) While this legislation assures the citizens af the Virgin Islands of seaward access and jateral use and-access along the shoreline, it does not assure: landward access. An upland property owner is not required to permit beachgoers to.cross his land to reach the zone of dublic use. Because of the terrain, and the pattern of development in the islands, landward accass is often a critical factor in beach use. ‘Beach Inventary In the spring of 1976, the Office of Planning and Development of the Department of Conservation and Cultural Affairs, in conjunction with the CZMP study of the Virgin Islands Planning Office, undertook a complete field inventory of Virgin Islands beaches. An evaluation of this type was called for in the 1971 Open Shorelines Act. The study was undertaken to help identify those beaches for which territorial governmental action was needed to secure public landward access. Tne beach inventory procedures were developed to assess the particular conditions in the Virgin Islands and consisted of two parts. The first records objective physical, recreational, and land use data for each beach. The other consists of an evaiuation of the scenic and anvi ronmental quality of the site. The beach inventory form is included in Appendix F, and a copy of the inventory for Cruz Bay, St. John is included as an éxample of the manner in which information was collected. The CZMP has used the inventory information as a basis for recommending shoreline areas where:. 1) access or right of use should be secured, or 2) areas where action should be taken to assure that existing access or use is preserved. BEACH EVALUATION AND RECOMMENDED CRITICAL AREAS The criteria which were used to’identify and evaluate the critical shoreline areas are discussed below. A listing of the critical areas which were identified in the preliminary assessment is also included. CRITERIA FOR EVALUATING BEACHES 1. Accessibility - Beaches were evaluated on the basis of proximity to population concentrations, and by the presence of an access road usable by the general public.: This factor will prove of importance since it appears that the territorial government may become responsible for beach maintenance. nm Beach Quality - Evaluation of beach quality was based on the factors such as the area of the beach, the beach material, the type and appearance of shoreline vegetation, the attractiveness of the user's view from the beach, and the beach's scenic quality. These factors are complementary rather than cumulative. Therefore, a very attractive small beach may receive a heavier weighting than a large uninteresting one. 3. Potential for Multiple Activities - In addition to swimming, the potential of each beach for other water-related activities, Such as snorkeling, offshore diving, or pleasure boating was noted. The inventory of land-based activities included picnicking, tidal pool walking, and the possible educational opportunities offered by historic ruin or a salt pond. 3eaches which offer users a choice of activities were rated more highly than “swimming only" beaches. &. Environmental Damage Potential - At several of the beaches inventoried, the existing land us@ was natural open space. Very often these areas constitute extremely fragile offshore and onshore environments. This is especially true of several beaches in northeast St. Croix which cannot sustain heavy use without environmental damage. 5. The Multiple Effects - Priority attention was given to the sites which are potentially the basis of a complex recreational facility, or where a single easement will provide accass to an extensive shoreline. 6. Access ~ Priority attention has also been given to those areas which ranked nigh in criteria 1-5 and where access is threatened. These areas included beaches and shoreline areas where access is presently restricted or where an impending or proposed development may restrict free access in the near future. RECOMMENDED: TARGET AREAS Based on the assessment criteria a list of shoreline areas is recommended that access and right of use ba secured. Only St. Thomas and St. Croix are dealt with since the most significant beaches in St. John are already within the National Park. The following represents the pre- liminary recommendations to date (see Figure 6.1), FIGURE 6.1 TARGET BEACH AREAS S hes Ey yA Pee ied Ton, aoe, ated » eS ae og iow oS 3 ona: ST. THOMAS ST. croix 7. Dorothea Beach | 1. North Christiansted Beach 2. Smith Bay 2; Buccaneer Beach 3. Mueiler-Vessup-Great Bay Beaches 3. Cheney Beach 4. Bolongo Bay 4, Grass Point 97 ry St. Croix: 2. North Christiansted Beach - This beach area extends from the vicinity of St. Croix by The Sea southward to the Nature Conservancy property at Little Princesse. The shoreline nere is extensively developed by condominium complexes while further inland there are numerous mul ti- fami ly nousing projects. The area is heavily populated and there are few recreation facilities available for local residents. Beach access is restricted to condominium residents, largely as.a result of poor public access. Buccaneer Beach Area - This sandy beach is located east af Christiansted, adjacent to the Buccaneer Hotel. The beach is immediately east of, but not accessible from, the territory's recreational complex at Altona Lagoon. The primary importance of this area is its close proximity to the Christiansted urbanized area. Access is-presently restricted by a use fee. Cheney Bay - Cheney Bay Beach is situated on the north shore of St. Croix, east of Christiansted. Green Cay is just one-quarter mile offshore. There is a fine sandy beach with potential for swimming and picnicking. Southgate Pond, which is situated within this area, has declined recently in biclogical productivity, but is still a significant breeding ground and refuge for indigenous and migratory birds. Their ecological and educational value is important. In addition, there is a long history of oublic use of this area. Grass Point - Grass Point is located on the southeast coast. west af Turner Hole. Traditionally this site has been one of the favorite St. Croix picnicking areas. The present owners discourage use of the site for picnicking. . Thomas: Dorothea Beach - The Dorothea Beach is located on the northwest shore of St. Thomas opposite the Brass Islands. This beach is jushly vegetated, highly scenic, and has an excellent view af Inner Brass Island. Although Dorothea and Neltjeberg Beaches are suitable for swimming and snorkeling purposes, the potential for land-based activities in this area is alsa considerable. These activities include: picnicking; tide pool walking; historical, archaeqlogical, geological and biqlogical interpretation; and hiking bath on the shore and on adjacent uplands owned by the Government of the Virgin Islands. The area is alsa suitable for expanded access and parking. Smith Bay - Smith Bay Beach is located on the east end of St. Thomas near the growing population centers at Estate Smith Bay and Tutu. The crescent-shaped white sand beach of approximately one-quarter mile is located on a protected bay. The beach uplands are relatively undeveloped at this time. In addition to good swimming and snorkeling, the beach is a popular 93 tes picnicking-spot which is uséd"by organized-groups: with the-owner's permission. Although the vegetative cover is not dense, there are many large shade trees on the beach and fine views of St. John and the affshore cays. 3. Mueller-Vessup-Great Bay Beaches - Mueller Beach is located on the east and of St. Thomas at Mueller Bay, just south of Vessup Bay. Vessup Bay Beach is adjacent to this area on the east and is separated by a large rock outcropping. The inland area behind both beaches is argely undeveloped, with only a few scattered single family homes. Public access to these areas is poor; however, both are oresently used to-some extent by jocal residents for picnicking and swimming. Great Bay Beach (often called Bluebeard’s Beach) is just south of this area. Here too, there is limited public access. There is an existing hotel development along this beach. The prima feature of these beach areas is their proximity to the growing population of the aast end of St. Thomas. ‘4. Belongo Bay Beach - Bolongo Bay Beach is located on the southeast shore of St. Thomas about mi dway between Frenchman's Reaf Hotel. and Benner Bay. There is about 1000 feet of sandy beach here with some rocky bottom close to shore. An excellent reef with good snorkeling is just offshore. Adjacent to the beach area is a 35 unit hotel and private beach club. Access | through its beach club property js restricted to members. It is possible to raach the beach “laterally yia a dirt road at the extreme western adge of the beach. Options for Action The Government of the Virgin Islands has Several options to secure public access and use of the shorelines where such access is now restricted. These include (1) judicial determination or confirmation that public rights of access have existed as in the doctrines of implied dedication and customary use; (2) acquisition through the use of police power; and (3) acquisition in the open market via expenditure of public funds. The principal attributes of each type of action is outlined briefly in the following sections. (1). JUDICIAL DETERMINATION: There .are two primary theories supporting the creation of public access rights over private land of non-consenting landowners. One theory is implied dedication. Closely akin to this theory is the doctrine of adverse possession and prescription which, for the purpose of this discussion, will be analyzed in the same manner as implied dedication. The other theory is customary use. ADVERSE POSSESSION, PRESCRIPTION, IMPLIED DEDICATION Adverse possession, prescription, and implied dedication are Jegal doctrines which recognize that under certain circumstances, rights to-land may be obtained through use and may be applied to maintain public access to privately held shoreline areas. To secure this right under adverse possession and prescription, the use must be actual, adverse, continuous and uninterrupted in the lands of another, and either be conducted with the knowledge of the owner, or sa open, notorious, and visible, that knowledge of the use is implied to the owner. - These are subtle, if not clearly agreed upon, distinctions between adverse possession and prescription. In adverse possession, the claimant must be in "possession" of land, while under prescription, the claimant may have the use or privilege without possession. Furthermore, under the doctrine of prescription the owner may enjoy the use in common with the claimant. With adverse possession ne may not.! The Virgin Islands Code (Title 28, Chapter 1, Section 11) statutorally defines adverse possession. The Code recognizes that exclusive actual, physical, adverse, continuous or notorious possession af real property after fifteen years or more shall be conclusively presumed to give title thereto, except as against the government. The theory of implied dedication is also a common Jaw doctrine and like adverse possession and prescription the key issue is that a landowner by his conduct (express or implied actions), nas indicated an intent to dedicate his land for public use, and that public use itself is evidence of the public's intention to accept the dedication offered. The landowner's inaction © may be evidence of his acquiescence in the public use and thus of nis intention to donate land. A recent California Supreme Court decision recognized and affirmed the importance of the adverse public use, rather than the owner's donative intent, as being the critical doctrinal elament supporting the conclusion of public use.” The court allowed the dedication of use only after five years of public use. Whether the theory be one of implied dedication or perspective rights the result is the same: the public, by using the property in @ particular way for a particular purpose, in a manner adverse to the true owner for a period of years, acquires the right to continue to use such property, regardless of the landowner's later intent or actions. In light of a racent litigation, implied dedication will necessitate the documentation of access or use over a period of time. While this procedure may require little capital outlay, there may be lengthy legal procedures, thus making this option lass satisfactory than others. loowning y Beid (Fla. 1958} 100 Sd. 2nd, 57,64,65 Supreme Court . 2nietz v Xing and Gion v City of Santa Cruz - The Court held that there had been an implied dedication of an easement for recreational purposes because the public had used the land for more than five years with “knowledge of the owner, without asking or receiving permission © to do so." CUSTOMARY USE Customary use (or customary right) is a legal doctrine which arose in medieval England and which until recently had little application in the United States. The doctrine establishes that customary use of land peaceably engaged, consensual or not, for a long period of time without a claim of superior right interrupting such usa, establisnes pudiic rights in such land without regard.to. the record title held by private Tandowners. Cus toma ry right arose in favor of the community and was strictly limited to a smal} geographic location. Examples of local customary. rights included the right-to piace nets-on a cartain beach, to use a certain green, or pasture animals in a certain field. Only easements of passage or use are obtained through custom. Recent court rulings, however, have expanded “this doctrine. The Oregon Supreme Court ruled that the doctrine applied to the entire State coastline, rather than just the particular property under litigation.” The doctrine of customary use of beaches was recognized as being applicable in the Virgin islands in the recant decision of the United States of America and Government of the Virgin Islands v St. Thomas Beach Resorts, Inc., VIDC Number 74-339, affirmed by the Third Circuit of Appeals, Number 75-7242 {3d Cir., 1976), more commonly known as the Bolongo Beach Case. The court upheld the constitutionality © of the Open Shorelines Act which sought to recognize and maintain this public richt of use. However, it did not address the issue of rights to traverse private property for the purpose of gaining access to the shoreline. Securing beach access through the customary use doctrine would require no capital outlay on the part of the Virgin Islands Government. It would, however, require lengthy court procedures and a documented history of public use over a lang period of time. This action has one built-in advantage. Culturally important beaches which have sustained public usage over a periad of years are those properties for which a case for customary usage can be most easily documented. However, while it may be. feasible-to use this doctrine to secure the use.of the shoreline. its appiicabiiity for-assuring access-is ‘questionable, (2) ACQUISITION THROUGH EXERCISES OF THE POLICE POWER The most common forms of police power regulation in the land use area, and those most appropriate and relevant to shoreline areas, are subdivision and zoning requlations. Private development of uplands along the coastline may often impair public shoreline access. A require- ment that developers dedicate public easements for beach access where the subdivision would biack State Ex Rel. Thornton V. 1 day 254, or 584,462 P. 2nd 67 (1969). Lol existing or potential access can be effectuated. Regulations can “be drafted to require applicants © to dedicate lands (and improvements) to public use as a condition of receiving development approval. The rationale for requiring such dedications has been clearly upheld by most courts in the United States. The process and result of development creates demands on existing public facilities, or for new facilities, wnich should be satisfied in whole, or in part, by the developer. Although these requirements are usually applied in the context of parks, playgrounas, streets or drainage facilities and sometimes aven schools, this rationale can be applied to providing public access te the shoreline as well. Indeed, whether the specific rationale is that the purchaser will benefit from the dedication (or improvements) as well as the general public, or that the development of the land will inevitably*produce increased pressures on such resources or preclude public use thereof, the result is that reasonable public dedications can be required. This theory is most appropriate in the subdivision context where the process of subdivision clear'y justifies and provides a rationale for such dedications. However, such dedications can also te required as part of a rezoning application, or grant of a conditional use or special exception nermic. Although there are advantages and disadvantages to such requirements, the advantages, particularly in the Virgin Isjands, are so significant that dedication requirements could de the critical factor in insuring a success*ul beach (or shoreline) access program. Another exercise of poiica power, and one currently utilized by the Virgin is vested in the Industrial Incentive Act (Title 29, Chapter 12). The Act provides for a tax exemption, the Act requires that the applicant who proposes to do business on jand adjoining any We beach or shoreline “agree to grant to the government of the Virgin Islands a perpetual easement upon or across such land to the beach or shoreline to provide free and unrestricted access to the public." (3) ACQUISITION THROUGH EXPENDITURE QF PUBLIC FUNDS Another means by which the public access can be provided to the shoreline is for the Yirgin Islands government to acquire such access by fee simple purchase gifts. Such direct action, although usually requiring the expenditure of public funds, affords certain advantages that the other means discussed do not. For example, acquisition of access can be determined according to needs based on a variety of planning factors and criteria, and can be effected with less time or delay than would be involved in acquiring such access by judicial determination. Similarly, planned acquisitions could implement broader recreation programs or plans and could be planned and coordinated with the ongoing programs of other territorial agencies. Such acquisitions @ could be made in fee ownership or in lesser interests such as easements. 1a2 a? The Virgin Islands government may secure an easement (that is, a particular portion of the ownership rights) on beachfront land without assuming ownership. In this case, an easement would consist of the right af the sublic to cross the beach uplands, or a specified portion therao?s, to reach the-shoreline. Easements may be acquired oy gift, negotiation, or condemnation. Securing beach accass aasements assures the public or its right to use the shoreline, but allows: the a@canomic use of the uplands. to remain in the private’sector. In particular, it facilitates beach access in areas which are already developed. The concept of purchasing - easements has been relatively untried in the Virgin Islands, and it is difficult to astimata casts in advance. . Purchase in fee simple. would vest all ownership rights in the Territorial Government. This is the most expensive option for action and is efficient only where intensive use is anticipated and the ownership of the beach uplands would serve some useful public purpose. Where only moderate use and no further oublic facility development are intended, there is little point in increasing public noldings of ecanomically unproductive land. The Revised Organic Act of 1954 provides the Legislature with the authority to enact legistation providing for the condemnation af lands or interest in such lands for public purposes. There would be little doubt that a properly drawn statute that provided for. condemnation of aétass easements to the shoreline would be constitutional. Furthermore, acquisitions pursuant to its authority, if undertaken in accordance with that statute and other applicable procedural requirements would be similarly valid. Depending on the proposed scope of such an acquisition program, the major difficulty to implementing such an effort would be financing the costs of such land acquisition and management. Financial assistance in sacuring shoreline. access is forthcoming. from Section Si3(2} of tha CIM Amendments, which- authorizes. grants. for upto 50 percent. of:the cost of acquiring. lands to provide access: to public,beaches. and other- public coastal areas.of value. The Land and Water Conservation Fund, Bureau of Recreation, U.S. Department of the Interfor:; Community Development Block Grants, U.S. Department of Housing and Urban Renewal and the Virgin Islands General Fund, among others can also provide sources of funding for land acquisition and management. 103 -¢ New Government Responsibilities As hitherto. unused beaches are made available to the public, the Government of the Virgin Isiands will probably become responsible for several support services. These include maintenance/ clean-up and public safety, including provisions for lifeguards. As a part of this study, interviews were conducted with the maintenance supervisors at Magens Bay, the National Park Service on St. John, and the College of the Virgin Islands (Brewer's Bay Beach). The maintenance effort will depend on the intensity of beach usa and the level of maintenance decided upon. It consists primarily of the removal] and disposal of trash. The Magens Bay Authority requires a full-time crew of nine to maintain that heavily used beach at a moderate level. In season, a three-man National Park Service crew works full time on the maintenance of Trunk Bay, St. John, and receives same additional assistance from the lifeguards. Finally, the College of the Virgin Islands employs one maintenance worker full time at Brewer's Beach which raceives consistent, frequent use. These examples overstate the possible cbligation of the Territorial Government for aach of those crews performs activities, @¢.g., cutting back brush, other than cleanup. It is unlikely that existing Department of Conservation crews will "stretch" to cover additional beach cleanup, especially as properties are acquired for the Territorial Park System. The formation and equipping of additional crews wil] require a budget of $700,000 - $150,000 per year. The introduction of the mounted patrol has been highly effective in St. Thomas in orotecting public safety on the beaches. The expansion of that program to the critical beaches would be most appropriate. The Governmental liability in case of injury or death on newly opened beaches is unclear. The best and most expensive protection would be the pravision of lifeguards. At a minimum, a warning will have to be posted at each beach. Further Recommendations Cancerning Public Shoreline Accessand Use Based upon the investigations conducted by the CZM staff and the Department of Conservation and Cultural Affairs, recommended policies and guidelines have been formulated for the development of this work element. These recommendations include: 1. Traditional public use of the shoreline should be guaranteed. L104 - + a. Development should be prevented from encroaching on public use areas not currently protected by the Open Shorelines Act. These areas include bluffs and other areas landward of the statutory definition of shoreline. The section of the Industrial Incentive Act which deals with public shoreline access and. use should be strictly anforced, b. In addition to maintaining access to the sea, maximum feasible opportunity for nedestrial access to the urbanized waterfront should be included in any- development or alteration.to the shoreline. c. Public rights under implied dedication and customary use doctrines should be vigorously enforced. d. The subdivision and zoning laws should be admended to require dedications of shoreline access. a. Whenever possible, the purchase of accass easaments, rather than fee simple acquisition should be utilized. The present beach inventory conducted by Conservation and Cultura? Affairs should de further refined to include greater public impact. The emerging Territorial Park System should be utilized to coordinate acquisition of coastal areas and manage their use by incorporating such areas into the Park System. The territorial government should absorb the necessary costs of shoreline maintenance resulting from an increase in public access and use. 105- ity « CHAPTER SEVEN Areas of Particular Concern The CZMA, while noting the importance of the entire coasta areas are of yet greater significance. AS.a prerequisite to program approval, zone, declares. that certain the Act requires "an inventory and designation of areas of particular concern within the coastal zone! (Saction 308(b)(3)). In addition, it is necessary that "the management program makes provision for procedures whereby specific areas may—be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, or asthetic a W yaluag” ¢S 4 Tre ragulations further clarify the role of the areas of sarticular t should be noted that, geographic not only the more often cited areas aisa, transitional or intensely developed areas where recjamation, public accass, and other actions are espectaily needed: and those suited for intensive use or development. In addition, immediacy be a major consideration in determining particular cencarn, (15 C CRITERIA FOR APC DESIGNATION After consideration of the criteria suggested for APC designation by the {15 CFR 923.13(a)), the Planning Office incorporated thase that were relevant and developed the following seven categories of areas that could be nominated ar concer 3 a igs] rae) areas of-particular concern area likely to encompass of significant natural value cy importance, ut restoration, aspectally { should 13) regulations to the Virgin Islands aS being of particular concern: i. Siqnificant Natural Areas - These are areas of unique, scarce; or fragiie natural habitat or physical features; .areas of high natural productivity; or assential habitat for living resources, endangered species including fish and wildlife and various levels of the food chain critical to:their well being. Examples of: significant areas are’ unique or remnant plant and animal species of special interest; natural areas that provide scientific and educational value; and areas necessary for nesting, spawning, rearing of young, or resting during migration. Also included are areas needed to protect, maintain, or replenish coastal lands and resources. Culturally Impertant Areas ~ These are coastal lands and waters where sites of historic and archaeological significance, cultural or traditional value, or scenic importance are located. way . 3. Recreation Areas ~ Coastal lands and waters of substantial recreational value and/or opportunity. Examples include areas well suited for public parks, beaches, boat jaunching and mooring, and other recreational activities. 4. Prime Industrial and Commercial Areas - Those coastal lands and waters with existing or potential geologic and topographic amenability to industrial and/or commercial development, especially those requiring a waterfront location. 5. Ceveloped Areas - Those urbanized or highly populated and intensively developed areas, where shoreline utilization and water uses ara highly competitive or in conflict. 6. Hazard Areas - Coastal lacations that, if developed, would pose a hazard because of periadic flooding, storms, erosion or land sattiement. 7. ‘Mineral Rasources - Coastal areas with axisting or potentially important mineral resourcas, particularly sand deposits for commercial axtraction. Two methods were utilized to identify potential APC's - staff determinations and public nominations. Initially, tentative designations were made by the coastal zone staff. APC designations were based upon the technical aspects of the program development including the land and marine inventories, the capability analysis, the results of the househotd survey and economic analysis, and the results of the newspaper survey, and consultation with Advisory Committees and Federal and Territorial Government personnel, particularly those from the V.f. Department of Conservation and Cultural Affairs and the U.S. Fish and Wildlife Service, U.S. Bepartment of the Interior. The second method of identifying potential APC's was a standardized form for nublic nomination. A copy of this form was distributed to Federal and Territorial agency personnel, legislators and citizens. Forms were also available at oublic libraries and at the administrator's offic io) on sach island. fach public nomination was reviewed by the coastal zone staff for compliance with criteria. The public nominations were encouraged to be accompanied by suggestions for recommended use, as well as a statement indicating problems associated with the area. A copy of this form is provided in Appendix 0D. Based on an analysis of the information gathered by the above methods, the Virgin Islands Planning Office has designated nineteen land and water areas within the first tier of the coastal zone as areas of particular concern. These areas are identified both in 7.] and on the attached Coastal Land and Water Use Plan maps. Section 905 of the Yirgin Islands CZMA recognizes @ these designations. 108 ‘< FIGURE at AREAS OF PARTICULAR CONCERN 5 ~ 4 om: “a ae ood. aor oa “A oe, So: *) So - ee , 4 nay| 2g 0 2 ae “4 oe BS (oF ST. THOMAS ST. CROIX Christiansted Waterfront 8t. Thomas Harbor and ‘Waterfront Zotany gay {APR} Soutiigate. Pond - Cheney Bay {APR} Magens Bay and. Watershed -; Green Cay: (APR) Mandahi Bay (APR) Isaac Bay - East End {APR}- Great Sait Pond Bay. {APR} 52Vessup Bay - East.End Southshore industrial Area 6. Mangrove Lagcon - Benner Bay {APR) Sandy Point Frederiksted Waterfront ST. JOHN Sait River - Sugar Bay {APR) 1. Enighed Pond - Cruz Bay 10. §t. Croix Coral Reef System {APR) pan 3 Chocolate Hole - Great Cruz Bay (APR) 3. Lagoon Point - Coral Harbor {APR) —_ AREAS FOR PRESERVATION AND RESTORATION While Section 306(c){9) of the CZMA requires only that state management programs contain provisions for procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, or esthetic values, the Virgin Islands Planning office has, in fact, designated eleven of those areas designated as APC's as areas for restoration and preservation (APR's). Those areas designated as APR's are also listed in figure 7.1. As in the case with APC's, Section 905 of the Virgin Islands CZMA recognizes the designations of these areas as APR's. The Virgin Islands CZMA also provides the means whereby additional areas may be designated as either APC's or APR's. Section 909(b) of the Virgin Islands CZMA gives the Virgin Islands Planning Office the authority to make such future designations as may be required. Site Specific Recommendations @ Guidance as to the management of both APC's and APR's is provided by the coastal zone management policies contained in section 905 of the Virgin Istands CZMA and the Coastal Land and Water Use Plan (CLWUP) as adopted by the Virgin Islands CZMA. Section 905 specifically mandates that all development within the first tier of the coastal zone, which includes all APC's and APR's, must be consistent with the policies in that section. Section 905 also states that the Commissioner of Conservation and Cultural Affairs, in applying the coastal management policies of section 908 of the Virgin Islands CZMA to proposed development within the first tier, shall to the extent feasible, assure that such development is carried out at the locatian and in a manner that is consistent with the provisions of the CLWUP. It should be noted that CLWUP provides very detailed guidance concerning the uses and activities that should be allowed in each land and water use category... Additional guidance is also provided to the Commissioner for the purposes of managing APC's in the form of site specific recommendations which have been developed by the Planning Office for each APC. These specific recommendations are an outgrowth of the coastal zone planning process and represent a synthesis of many diverse considerations. In most cases the recommendations reflect a refinement of the policies and use recommendations developed in the "Permissible Land ®@ and Water Uses" section. 110 ‘f © ” Areas presently designated as APC's will continue to receive more detai Ted attention and : special consideration during the planning process that YIPO will undertake in order to amend the Virgin Islands Zoning and Subdivision Law, So as to reflect the provisions of the CLWUP. As mandated by the Virgin Islands CZMA, the Virgin Islands Zoning and Subdivision Law shall be amended within one year of the effective date of the Virgin Islands CZMA. ST. CROIX (1) CHRISTIANSTED WATERFRONT a) Fort Christiansvaern to Vicinity of Antilles Airboats. Christiansted is the largest urban area on St. Croix and is also an important commercial center. Most of the town itself is included — in the historic district and saveral notable jandmarks are situated along the waterfront. The - Christiansted National Historic Site includes Fort Christiansvaern, the Scalehouse and surrounding @ . areas, and Government House. Numerous hotels and tourist related shops are located in the downtown area. The development pattern along the waterfront has resulted in poor lateral access to many areas of the shoreline. Waterfront access is primarily by means of numerous small alley-ways which lead directly to the shore with lateral movement nindered or even blacked by buildings or fences. There are several smal] finger piers alang the waterfront and the harbor is neavily used for small boat anchorage. Downtown vehicular congestion and lack of adequate parking space are Serious problems in the area and are impediments to waterfront redevelopment. The removal of heavy cargo traffic associated with the Gallows Bay Port may decrease this traffic congestion somewhat. At present, much ofthe last remaining open. space-in the downtown-waterfront:is used for-parking. This shoreline. parking area, surrounding the Scalehouse: and adjacant to Hamilton Jackson Park, restricts pedestrial movement and is imcompatible with the-scenic character of the National Historic Site. Several alternate parking schemes and sites have been suggested as possible remedies to this and ather parking problems in the downtown area. Water quality in Christtansted Harbor has been degraded by numerous dredging activities, urban runoff, and sewage dischardes. The well-developed reef system which defines the harbor © is apparently recovering from the turbidity caused by recent dredging operations. All untreated sewage discharges into the adjacent coastal waters will cease upon completion of interceptor lines Lil next year. It is probable that the 16 foot controlling depth for the harbor should be adequate to meet the draft requirements for the islands' trading vessels-and pleasure crafts. The © construction of the new Southport facilities should help eliminate the need for further increasing the depth of the harbor, Protestant Cay, located just 500 feet offshore of Fort Christiansvaern is an important element of Christiansted Hardor. Although the cay is only 5 acras in size, it adds stonificant visual interest to the view from the Christiansted Waterfront. Tne government of the Virgin isiaads awns Protestant Cay. A private company holds the lease and operates a resort hotel on the cay. Ferry service is provided for a fee between Christiansted ana he -ctel on the cay. An endangered species of lizard, Ameiva polcps is found only on Protestant Cay and Green Cay. recommendations: It is recommended that pedestrian access to the downtown area be impreved by constructing a vedestrian walk-way along the waterfront. Safe, continuous lateral movement should be provided by extending and improving the existing broacwalk westward to the limits of existing watertront commercial development. Existing carking areas along the waterfront near the Scalehouse should be reiccated to insure that the integrity of the Historic Site is maintained and that safe and adequate access to the entire waterfront is available. Any maintenance dredging which may be required should be undertaken only after careful study. In order to protect the remaining habitat for the endangered wildlife and to maintain the seenic quality of the © waterfront, it is recommended that no further development activities be permitted on Protestant Cay. {b) FORT LOUISE AUGUSTA - ALTONA LAGOON - GALLOWS BAY This area is just east of the Christiansted downtcwn, extending from Fort Christiansvaern westward to the vicinity of Fort Louise Augusta. It includes the Gallows Bay Port and marina facilities and the filled land adjacent to the Altona Lagoon. Presently, most af the maritime commerce for St. Croix ts nandled oy the limited Port Authority facilities at Gallows Bay. There is also substantial traffic in smait inter-istand vessels and local fishing boats. Cargo movement to and from this area contributes to severe traffic congestion in Christiansted. Presently, the size of vessels entering Christiansted is limited by the channel depth of 16 feet; however, the new Southport facilities will enable all shipping activity, with the exception of the smail traditional traders, to relocate out of the Gallows Bay area. ‘This area contains Christiansted's only marina and has traditionally been used for small boat mooring and repair. Altona Lagoon is connected to the sea by a small channel located just east of the Gaflows Bay marina. This Lagoon is fringed by healthy mangroves, providing significant habitat for birds and © mangrove oysters; however, drainage and circulation for the lagoon is poor as a result of frequent 1200s obstructions in this narrow channel. Altona Beach, the filled land adjacent .to the lagoon, has been partially developed for recreation; however, it does not receive heavy use except for special holidays and large scale gatherings. Recommendations: It is xecommended that the Gallows Bay area be redeveloped for recreational boating upon completion of the new Southport. New or expanded marina sites should be deveicped within‘this:area. All heavy cardO:cperaticns should be relocated to the new Southport. location. Adequate facilities for the-small inter-island trading vessels should be maintained. The-scuthshore. of Altona-Lagoon should ‘be an-area. for-oreservation and resteraticn. The remiinitg perimeter. of thé’ pond should be devoted*to conservation, recreation, and traditional use. It is recommended that the lagoon itself retain its function as a scenic and wildlife area. The drainage of Altona Lagoon should be restored by improving water flow from the lagoon to the bay. {c} WESTERN CHRISTIANSTED HARBOR This iarce area of undeveloped filled land axtends westwards from the Antilles Airooat facilities to the Y.I. “Water and Power Autherity Plant. Much of the adjacent inland area is occupied by Housing Authority developments including JFK Terrace, CeChabert, and Water Gut Homes. The Department of Conservation and Cultural Affairs has recently completed sreliminary plans for “Christiansted Nest Waterfront Part." a large recreation compiex for this area. At present, there are few recreational facilities available for nearby residents. The plans include extensive land and water recreation facilities, including a bicycie path, pedestrian boardwalk, swimming and boating, tennis courts and play fields. Recommendations: It is recommended that the development of this area for recreational use be undertaken as expeditiously as possible. The CZM program endorses the preliminary plans for the area. which have been:develered by the Department. of Conservation. and Cultural. Affairs. (2) SOUTHGATE POND-- CHENEY: BAY. Southgate Pond has ‘been divided by. 7111 to form two separate ponds. The western portion has been opened to the sea and is the site of a iimited boat anchorage. The eastern, larger pond is stil] an important wildlife, scenic, and educational area. Cheney Bay Beach is located between the saa and the eastern pond. Fine views of Green Cay can be experienced from the entire area. A hotel-condominium development is located adjacent to the opened western pond. Because of its proximity to Christiansted, Cheney Bay Beach has some potential for public recreational use. “113 Recommendations : The eastern portion of the former Southgate pond should be preserved as a wildlife-educational area. Public access to the Cheney Bay Beach should be secured. The impacts of having opened the western portion of the pond should be investigated. If no severe impacts are found, the western portion of the pond could be devoted to a protected anchorage for recreational boating. (3) GREEN CAY St. Croix has only four offshore cays: Buck Island, where the National Park Service underwater park is located, Protestant Cay in Christiansted Harbor which is already developed, the dredge spoils island in the Hess Harbor, and Green Cay. Green Cay is significant for the following reasons: 1. Important species of sea birds, including the endangered Srown Pelican, find mongoose free nesting habitat hare. 2. Located only 1/4 mile offshore, this cay serves as a favorite picnicking and recreation area for many St. Croix residents. 3. The endangered species of lizard Amaiva polops, is found here. 4. The visual quality of the view from share to sea of northeast St. Croix is enhanced by the cay in its present use. 5. This cay was a major nesting ground for white pigeons. Recommendations: Green Cay should remain in its present undeveloped state. The inclusion into the Territorial Park System would protect this important resource. The report "Potential National Natural Landmarks" strongly recommends that Green Cay be entered into the Registry of Natural iandmarks. The CZM Program concurs with this recommendation. (4) ISSAC BAY - EAST END The extent of this APC includes ai] the land east of a line drawn from Isaac Point northeast to Cotton-Garden Point. This area is the driest environment on St. Craix, and as such, includes a fine example of the thorn-scrub ecosystem. East End Point, the easternmost point of the Virgin Islands, is an excellent example of dwarf vegetation due to salt spray and wind shear. The ecologyeaf this area, because of its dryness and proximity to the wind and salt spray from the sea, is extremely sensitive to disruption. Isaac Bay Beach and coral reef system is considered one of the best snorkeling spots in the Virgin Islands. The entire Isaac Bay-East End area is presently owned by the Virgin Islands government of Fairleigh Dickinson. Recommendations: Isaac Bay - Fast End should remain in its present undeveloped state. Inclusion of this area into the Territorial Park System would be the best means to preserve this wild scenic area. 1147 ie (5) GREAT SALT POND AND BAY Great Pond is the second larcest salt pond in the Virgin Islands with black manaroves rimming most of the pond. In addition to serving as a large sediment trap between upland and Great Pond Bay, Great Pond is a significant wildlife area. Offshore is a barrier reef/turtle grass meadow system. The close proximity of these three natural systems makes the Great Salt Pond and 3ay a unique natural area. Recommendations: ‘The Great Salt Pond and Bay area should be preserved as a wildlife, educational, and natural area, {6} SOUTHSHORE INDUSTRIAL AREA The industrial area extends from Canegarden Bay, the site of a planned petroleum refinery, to Manning Bay, just south of the Hamilton Airport. The shoreline and adjacent inland areas here are among the most heavily developed coastal areas in the Virgin Islands. Massive dredge and fil] activities have occurred throughout most of this area. These developments include: a) Virgin Islands Refinery Corporation (VIRCO) - All local and Federal permits have been approved for a 200,000 barrel per day refinery on 4 300 acre site an Canegarden Bay. A submarine pipeline extending two miles offshore to a marine platform terminal is included in the project. No construction activity has yet begun. . ue b} Hess O11 Virgin Islands Corporation (HOVIC) - The 750,000 barrel per day refinery here is one of the largest in the world. The Hess Port facilities are extensive and are Targe enough to accommodate ail conventional oi] tankers. Very large Crude ‘Carriers (VLCC's tankers larger than 200,000 OWT} use the port only after being lightered offshore near Fradericksted. A Toca] permit for the construction af a crude oil terminal and submarine pipeline 2 miles offshore has been issued; however, Carps af Engineers approval is pending. The YLCC's.would be unloaded at-this offshore terminal, thus. foregoing the need for lightering the: tankers. New public port facilities are being constructed:by HOVIC between the existing “Hess and Martin Marietta ports. This project will require some dredging between these two existing channels. Project approval by the Army Corps of Engineers js also pending. c) Martin Marietta Alumina Plant - The Martin Marietta processing operation occupies much of the former Krause Lagoon. This area has bean altered extensively by dredging and filling. The company also maintains excellent port facilities here. A large dredge-spoil 115 istand is located just offshore from the entrance to the Martin Marietta channel. Some fringe mangrove areas remain at the southern edge of the property. a) Water and Power Authority Plant - The Virgin Islands Water and Power Authority has recently constructed a 35,000 KW generating plant just east of the Martin Marietta channel opening. Secause of less demand, this plant was never brouant on Tiva Pie rT) nd “here are no plans to use this facility in the near future. Tha Autharity is oresently attempting to seil the entire piant. @}) St. Croix Landfill - The Department of Public Works sperates a sanitary landfill gust west of the Martin Marietta property. The new landfill ts jocated iniand just north of the previously used coastal site. A government abatoir is also situated nearby. f} Wastewater Treatmant Plant - A large wastewater treatment plant with ocean outfall is located near the sanitary landfill. Ultimately, almost all wastewater flows from Christiansted, Frederiksted, and central St. Croix will be treated at this plant. g} Manning Say Racetrack - The racetrack is located west of the landfill and wastewater treatment plant. The track is just south of the airport and occupies much of a tare carcel of sovernment land which extends from the airport south to Manning Bay. Trere are numerous potential adverse environmental impacts associated with the entire south shore industrial area. The foremost problem among these is the potential for large scale oi] spills along the entire south shore. The quantity of petroleum products which are presently being transported, loaded, and unloaded in the drea from Hess west to Frederiksted is immense. Regardless of the safety precautions which are taken, an element of risk is always present for these operations. An additional refinery will only add to these risks. Other adverse impacts include cegradation of water quality which results from the massive alteration of drainage patterns, both in the immadiate area of development and also run-off problems associated with upland developments. Another potential water oroblem fer the area is that of waste discharge Including chemical and thermal wastes from the industrtai plants, the sewage treatment olant, and the solid waste disposal site. Reconmendations: It is recommended that special arceedures be established for monitoring the enviromental, impacts, especially water and air quality impacts associated with the south shore industrial area. Therefore, future development should be in close coordination with the: EPA. O31 Spill contingency plans should be fommilated and reviewed regularly for adequacy. Any future dredging activity, such as that between the Hess and Martin Marietta channel or the dredging and backfilling necessary for the prorcsed submarine pipelines, should be carefully monitored to insure that undue damage dees not occur. Mangrove restoration should be undertaken aicng che southern boundary of the Martin Marietta site. 116, {7} SANDY POINT Sandy Point is a peninsula of approximately 500 acres at the southwest tip of St. Croix. A large salt pond is located within Sandy Point. This APC is the largest sand beach-sait pone system in the U.S. Virgin Islands. Sandy Paint contains the longest stretches of beach in the U.S. Virgin Isiands. | Important onshore and offshore sand deposits are a3so found and andangered species of sea turtias sometimes est on the beacnes. The unusual algal mats of che Sait fond andthe exposures. of beach: rock are: of significant educational value. fecommendations: The important recreation; scenic; and wildlife: value of: Sandy Point and.the - West End Salt Pond need nrotection. Therefore, this area should be managed for. conservaticn, recreation and traditional uses. ~ (8) FREDERIXSTED The town of Frederiksted nas been declining.in importance as a commercial center for saveral years. Aithough some limited cruise ship facilities are available, relatively few cruise ship calis are made in the town. One large finger pier is oresently in use for nassenger and carao operations; however, Tt can be expected that all carga activities will be moved <o the new Southport upon its compietion. The pier area is often used for snorkeling and diving and 7s reportedly the only site in the Virgin Islands where seahorses may be observed. The <cwntown waterfront area is not heavily used and most of the shoreline here is occupied Sy area and Fort Frederik, a Nattonal Historic Site. In addition, much of the town itself is included in the Historic District. A Virgin Islands Port Authority Study “Plans for Seaport Development and Relocation" (“adigan-Praecer, 1974) includes proposals designed to revitalize the Frederiksted Waterfront including expanded tourist oriented facilities and downtown redevelopment. Recommendations: The CZMP endorses the major ororosals for fraderiksted as cutlined in che 1974 Port Authority Study "Plans for Seaport Development and Relocation.” It.is recommended that a revitalization plan for Frederiksted include the following elements: (a) Active. encouragement. of cruise ships to visit Frederiksted, repairs: and improvements ; tO the.existing pier, construction of a-.visitor center plus other waterfront amenities for both visitors and residents; (b) Development and improvements of Frederiksted beach and the waterfront park with special emphasis upon the intearation of historical areas aspecially {Fort Frederik) into the shoreline park areas; and (c) Relecaticn of all cargo shipping to the Southport with any future marina constructicn encouraged to locate adjacent to the cruise ship area. 117 (9) SALT RIVER ~ SUGAR BAY Salt River represents one of the last remaining major mangrove stands in the U.S. Virgin Islands and is the largest in St. Croix. The entire area is valuable as both a cultural and environmental resource. Upper salt River is an archaeological site on the National Register. The National Historic Site commemorating the landing of Columbus in 1493 is located within this area. This area is an important bird sanctuary as well as refuge for deer and other wildlife. Offshore is a well developed reef system and a deep submarine canyon. During storms and hurricanes. the bay offers a protected anchorage. Recommendations: The Salt River-Sugar Bay area should be utilized for preservation and conservation. Inclusion of this area in the Territorial Park System is recommended. (10) ST. CROIX CORAL REEF SYSTEM The best example of coral reefs in the U.S. Virgin Islands is found offshore of St. Croix. These coral reefs provide spectacular opportunities for underwater recreation and are areas of high marine productivity. The Bank Barrier reefs which extend along the entire northeastern and southeastern coasts are the most extensive and most developed of all the St. Croix reets and, as such, deserve special management. Fine examples of algal ridges can also be found within this area of particular concern. Algal ridges are important sources of nutrients to coastal waters. Clear water that enables maximum penetration of solar energy is essential for the ‘development of algal ridges. The coral reef area of particular concern, which axtends from Long Reef in Christiansted Harbor, includes the non-Feceral areas of Buck Island Reef, Boiler Say Reefs, and the Southeastern Reefs from East paint to Great Pond Bay, including the well deveioped algal ridges of the southeast shore. Racommendations: This corticon of the St. Croix coral reef system should be preserved as an underwater park and placed in the Territorial Park System. ST. THOMAS (1) CHARLOTTE AMALIE HARBOR AND WATERFRONT a) WEST INDIAN COMPANY AND VICINITY The Long Bay area in the vicinity of the West Indian Company docks is one of the most heavily used areas of the St. Thomas waterfront. The company properties include the best equipped and most extensive passenger and cargo handling facilities in tne Virgin 118 ° Islands. The docks provide complete service for cruisé ships, cargo vessels, fuel tankers and an occasional military vessel. A large marina and numerous small boat moorings are located adjacent to the dock area. Because of the great number of cruise ships which normally call at St. Thomas, the company docks frequently are unable to accommodate all of the vessels requiring sarvices. There is only. one additional cruise.ship docking space available in St. Thomas: (the Port Authority Sub-Basa pier). If docking space is not available, cruise yessels anchor in-the narbor and transfer passengers to the waterfront by. Jaunch: in addition, several of the larger cruise ships are forced to anchor in the outer harbor because of the insufficient depth alongside the docks. The marina adjacent to the West Indian Company docks is large and weil-equipped for both sailing vessels and large sower boats. A resort hotel with gift shops, restaurant, and night club is located near the marina operation. A number af vessels at the marina and adjacent mooring sites serve as permanent live-in facilities. The bay itself is heavily stressed, primarily from urban runoff and bottom disturbances caused by heavy propeller wash. Turbidity levels are frequently very nign, and marine productivity is Tow. The West Indian Company nas expressed interest a in axpansion of their facilities. A Memorandum of Understanding was executed in 1972 between the U.S. Department of the Interior, the Virgin Islands Government, the West Indian Company and others. The Memorandum affirms the treaty rights of the West Indian Company to dredge and fill specific areas of the harbor. In 1975 the Memorandum was amended to transfer the rights and obligations of the Department of the Interior to the Virgin Islands Government. Under the terms of the Memorandum a total of 29 acres may be filled in the vicinity of Frederiksberg Point,. Long Bay Beach and Havensight Point. The Till material will be taken from Long Bay and Gordon Bay. The proposed project will provide. new berthing spaces for cargo and cruise vessels and new land for waterfront, commercial and recreation facilities. About 2.5 acres of filled land would be transferred fromthe West. Indian Company to the Virgin Islands Government for recreation uses. Recommendations: It is recommended that any dredge and fill activities which may be undertaken by the West Indian Company be carried out in a manner which will minimize long-term adverse impacts £0 the water quality of the harbor. It is recommended that close coordination between the Company and the coastal zone management agency be maintained in order to insure that all future development activity will be consistent to the maximum extent feasible with the coastal zone management plan. 119 tf 5) c) LONG BAY AND DOWNTOWN WATERFRONT The waterfront area which extends from Pearson Gardens to the inter-island ferry and airboat facilities near Frenchtown is used primarily for recreation and traditional commerce. This area also includes Veteran's Drive, the principal land transportation reute for the island. Traditionally, the beach area near Pearson Gardens and the docking facilities near the Lagislature Building have been used by the local fishermen for mooring and boat repair. The small island trading vessels are the principal users of the bulkheaded area along the downtown waterfront. These activities play an important role in the day-to-day commercial and cultural life of the islands. The bulkheaded area also receives considerable use by private yachts and tour boats. Because of traffic congestion, continued safe public access to the waterfront is threatened. 80th residents and visitors often experience difficulty in crossing Veteran's Orive in order to reach the glass bottom boats, island trading vesseis and other waterfront markets. Recommendations: Future develogment activity east of the Frederiksberg Point and extending to the vicinity of the Antilles Airboats operation should be restricted to maintain this area in its present use. Any shoreline alterations for this area should be minimal. ‘The native fishing boat uses, recreation uses and traditional waterfront comerce activities should be protected from encroachment by other uses. Any public service facilities for this shoreline area, including land transportation, public. buildings, utilities, or public recreation, should be designed in such a way that the public's chysical and visual access to the waterfront is enhanced, not hindered. Safet, Measures such as crosswalks should be utilized to insure safe and adequate access to the waterfront. FRENCHTGWN AND YICINITY The waterfront area from the inter-island ferry and U.S. Customs facilities to Frenchtown is used for transportation services, traditional fishing and boating activities, and for marina facilities. Most of the available shoreline jis presently developed. In addition, the marine areas receive very heavy use and are stressed by considerable runoff from upland areas. The marina area here is often congested. The narrow channel at Haulover Cut represents a potential safety hazard to both boat traffic and incoming airboats. d) Recommendations: It is recommended that the waterfront area of Frenchtown and vicinity be maintained in its Present use. Continued attention bo congestion and safety problems in the marine area is warranted. CROWN BAY The Crown Bay area, extanding from the sand-fill near Aspinall School to the former Submarine base piers, is among the most heavily developed areas of the St. Thomas waterTront. The shoreline uses in this area. range from container ship facilities to: derelict ship and auto dumping. The sand-fill area south: of Yayne Aspinall Schcol receives heavy use from shallow draft container vessels and bulk carriers and also Serves aS a beaching area for local fishermen. Sub-base activities include warehousing, restaurants, a small marina with dry storage, government motor cool, auto and boat repair shops, and office buildings. One of the Port Authority Sub Base piers. provides docking space for one large vessel and is the only facility of its type available on St. Thomas other than those of the West Indian Company. The pier is used mainly for cruise ship docking and fuel tanker unloading. Remmants of other olers are oresent; nowever, for the most part, these ancient wooden piers are in dangerous disrepair and seldom used. In addition to the highly developed shoreline, most other areas of the former naval base are presently occupied by private concerns which lease from the Government. , ; This area represents the greatest potential site for industrial and commercial development of the [sland of St. Thomas. This is a suitable site for future expansion of public cargo and passenger handling facilities. Presently the antire area is adversely affected by traffic congestion, inadequate public services, refuse dumping and general disrepair and ppcr management of existing facilities. The future needs of St. Thomas for passenger. and cargo handling and industrial and commercial space will] almost certainly require the ‘redevelopment of this area. Because of the limited areas available for this. type of development, it is probable that competition for Crown Bay Tacations will become. much: more. intense over time. ‘ The Port Authority has ‘recently completed a detailed study outlining possibie redevelopment options far the Crown Bay area. Three alternative bulkhead configurations have been suggested calling for filled areas of between 29 and 59 acres. The Plans include proposals for cargo, passenger, retail, and commercial facilities. A 60 boat marina is included in the plans as a possible option. The principal uses for the new facilities would be far cargo handling and cruise ship-oriented activities. Considerable dredging in Crown Bay and immediate off-shore areas would be required for the proposed project. 121 0¢C e) g) Recommendations: It is recommended that the general Crown Bay redevelopment plan suggested by the Port Authority be endorsed. Specific configurations and facility plans for the filled lands should be decided upon after consultations with the coastal zone management agency, the Port Authority, and the Department of Commerce. The marina facility should be included in the Crown Bay redevelopment with additional attention given to the need for a larger facility than that outlined in the Port Authority plan. KRUM BAY The Water and Power Authority electric generation and desalinization plants occupy much of the Krum Bay shoreline. Bulk materials such as sand and fuel are also unloaded and stored here. The Authority's sea water intake pipes are located just offshore. All of the available shoreline is presently developed and much of the surrounding hillside is used for fuel and water storage tanks. Recommendations: It is xeccmmended that this area be maintained for heavy industrial activities such as those which presently operate here. The quality of the water in the bay which is processed hy the desalinization plants should be protected from industrial pollution. HASSEL ISLAND Hassel Island is a small offshore island (139 acres) which is a resouree of historic, recreational, and scenic value. Because of its close proximity to Charlotte Amalie (150 feet across Haulover Cut), Hassel Island's development potential is high. Presently the island serves to praserve the visual integrity af St. Thomas Harbor. The maintenance of Hassel Island in its present state is essential to the preservation and enhancement of the visual quality and character of the harbor. The southernmost third of the island (48 acres) is already a Historic District on the National Register of Historic Places. Recommendations: Hassel Island should be preserved in its present state. The best use of the island is as a historic park, recreation area and nature study area. It is further recommended that the entire island be considered for possible inclusion in the Territorial Park System. WATER ISLAND Water Island, southwest of the entrance to St. Thomas Harbor, is the fourth largest island in the Territory (500 acres}. The island is Federally owned and, as such, is an “excluded Federal land," not subject to provisions of the Virgin Istands CZMP. . 122 ‘4 (2) (3) ‘Based upon the findings of the Federal consultation-coordination alement of the program, it does not appear that the island includes any resources or uses of "national interest," nor is there any existing or proposed "national defense" use for the area. The isiand is presently under a long-term lease to a private corporation. Scattered development has occurred including hotels and private homes. The primary use is for estate type residential development. Because of the island's Size and location, it is likely that any development activity there will have a direct impact on the coastal Zone. Recommendations: Based upon the finding that Water Island develorment dces: not involve the "national interest" and the finding that direct impacts may occur, it is recommended that Water Island be developed in a manner consistent with the CZM Land and Water Use Plan and policies. ESTATE BOTANY BAY The area is located at the western end of St. Thomas and includes the marine resources of Botany and Sandy Bays. Within the 400 acres of Estate Botany Bay are an unusual combination of vlstoric, natural, recreation and scenic resources. An archaeological district with the remains of an Arawak village and the historic mill and sugar factory have been placed on the National Register of Historic Places. A wildlife sanctuary and arboretum are additional features of note within the site. The marine life of Botany Bay and Sandy Bay is particularly rich with good examples of sponges, corals, and fish. At present, Estate Botany Bay is privately owned. The Estate and associated marine resources have been recommended as a "national natural landmark." Recommendations: It is strongly recommended that Estate Botany Bay, including the offshore reefs, be included in the Territorial Park system. ‘The archaelcgic and historic sites should. be protected from degradation and“serve as.an outdoor classrcom for students. ‘The basic natural character of. both the terrestrial and marine portions.of this site: should be: protected. MAGENS BAY Magens Bay is the most distinctive coastal feature on the north shore of St. Thomas. As one of the largest bays in the Virgin Islands - 4,000 <eet wide and over two miles tong - it is also one of the most significant recreation resources of St. Thomas. The entire viewshed is one af the most scenic in the Virgin Islands. 123 + Beyond the beach itself, the area is a concentration of several resources that make the @ entire watershed one of the highest value resource areas in the islands. The archaeological site is on the National Register of Historic Places. This site is of considerable cultural and educational value to the people of the Islands. An arboretum of extensive tropical flora also exists behind the beach area. Almost any place leaves an “image” with its inhabitants and visitors. The "image" af St. Thomas for many people is summed up by the view of Magens Bay from the observation points at Mountain Top and Drake's Seat. Therefore, as the many factors outlined indicate, Magens Bay jis 4 resource worthy of special management. Recommendations: Viewshed/Watershed Management - The viewshed (the area of Lerkenlund, Misgunst, Canaan, Lovelund and Peterborg Peninsula) frem Drake's Seat seaward should receive - careful management. The view should be protected and enhanced. Watershed management of this area is needed to protect Magens Bay, the beach, and the archaeological sites. Upland develorment should be held at a minimum, and conducted in a manner that will prevent erosion of the hillsides and subsequent siltation and sedimentation of the Bay. Imeroverent of Public Access to the Beach and Park - Magens is difficult to reach without acar. Public bus service, especially on weekends, should be developed from Charlotte Amalie and Estate Tutu. Arboretum Restoration — The coconut grove and entire arboretum area should be restored and managed . (4) MANDAHL BAY The salt pond at Mandahl Bay was opened as part of a plan to develop the Bay as a marina and Hans Lollick Island as a resort. The project development was abandoned, leaving a massive rip rap breakwater at the opening to the proposed mooring and docking areas and some site preparation. Winter swells, nigh energy wave action, dangerous sailing, and inaccessible Tocation preclude the future use of this area as a marina. At the present time, the site is functioning as an excellent wildlife area. Sea birds and fish are very common. Possibilities for restoration have been positively assessed by the U.S. Fish and Wildlife Service. The site is presently owned by the government of the Virgin Islands. ‘Recommendations: The recommended use for the area is as a wildlife and scenic park. Accessibility should not be significantly improved. While it is not feasible to restore © the salt pond to its original condition, a "lagoon" may be created by replanting and restoring damaged vegetation. 124 soy (5) (6) VESSUP BAY - EAST END The future development of Vessup Bay, Red Hook and eastern St. Thomas ara interrelated. Vessup Bay functions as the focal point of the entire east end of the island. Commercial development, such as the new Red Hook shopping center, numerous marina developments, Eudora Kean High School, and. the Red Hook-Cruz Bay farry dock all are located in ar adjacent to Vassup Bay. Many Aotels and condominiums are also located on the east end of St. Thomas. Because of its proximity to the excellent sailing areas of St. Jonn, the British Virgin Islands, and Sir Francis Drake's Passage, Yessup Bay is the site of intense boating activity. As a result the bay is quickly becoming overcrowded. The marinas are filled to capacity and the mooring of sailing vessels utilizes a substantial portion of the deeper water of the bay. The Red Hook-Cruz Bay ferry dock on the north side of the bay, and the National Park service dock on the south side, add significantly to the neavy use of YVessup Bay. The concomitant problems of safety, lowered water quality, and lowered visual quality are evident.. Recommendations: The expansion of boating facilities at Vessup Bay should be encouraged. The salt pond adjacent to the ferry dock should be utilized as the site for future expansion of marine terminal and associated facilities. JERSEY BAY: MANGROVE LAGOON/BENNER BAY Mangrove Lagoon/Benner Bay comprise a complex section of the coastal zone of southeast St. Thomas. The Mangrove Lagoon is the last stand of Mangrove ecosystem on the island. The Department of Conservation and Cultural Affairs has recently completed plans for a large wastewater treatment facility in the Mangrove Lagoon area. This treatment plant and its associated interceptors will eventually serve most of the Turpentine Run drainage basin. A final decision on.plant and ocean outfall location has not yet been made. Senner Bay, directly east of the Lagoon, is an area of very important marina-activity. The basic problem is to reconcile:and. harmonize the: apparently conflicting goals of protecting a healthy mangrove ecosystem and ehcouraging the existence of the vital marina industry of Benner Bay. The demand for docking facilities has, in part, encouraged piecemeal illegal destruction of sections of the mangrove fringe. Mangroves are hacked away, and fill added to create small private docks and peirs. Where the water is shallow, propeller backwash (blow-out) is utilized to dredge the bottom. Some of these illegal. users cannot find adequate docking 125 space, some cannot bear the financial cost, and others merely take advantage of the present © inadequate enforcement system. Recommendations: The overall policy for Jersey Bay should be one in which the mangrove area receives either protection or restoration with limited marina expansion. All of the management guidelines and reccmmendations set forth in the "Permissible rand and Water Uses" section of Chapter Five should be stringently enforced in the Mangrove Lagoon area (for more detailed information, See VICZM, Marine Environments, 1977). A portion of the Mangrove Lagcon area should be preserved. The proposed boundary of the mangrove preservation zone is as follows: A line frem the coastal road ‘through parcel number one, to the northeast point of Bovoni Cay shall divide the ‘mangrove preservation zone from the area of permitted marina development. Land to the wast of this line Will be within the mangrove preservation zone (this boundary aporoximates the line dividing the present W-l zone from P zone on the zoning man). The preservation zone should extend west to Long Point. A second preservation zone should consist of an area from Compass Point north to the existing marina. A program Of mangrove restoration should be initiated for the old race track area near the lagoon, and for the former lagoon area between Antilles Yachting and Compass Point Road. The area of Benner Say east from the preservation boundary to Compass Point should be an area where marina development is permitted if it is consistent with the provisions for the protection or restoration of mangroves . Limited dredging of Benner Bay should be rermitted contingent upon an environmental impact assessment. Ancillary fs marina facilities (e.g., carking, boat cleaning, solid waste disposal, fueling) has nad significant impact on che water quality of the entire bay. Therefore, careful Dp attention should be given to the impacts of fueling, runoff, and other related activities. A public dock should be constructed and marina qwners should be encouraged to construct public facilities in return for various tax concessions. Those who moor boats within the preservaticn area, and who cannot afford commercial docking space, should be given first priority in relocating to any new public docks. in A similar proposal for a preservation zone is advocated by Grigg, van Eepoel, and 8rody in "Water @ Quality and Environmental Status of Benner Bay-Mangrove Lagoon," Water Pollution Report No. 10, Caribbean Research Institute, April 1971. Watershed management of Turpentine Run gut and other water courses is needed to protect the water quality of both the Lagoon and Benner Bay. ST. JOHN (CV) eNIGHED POND - CRUZ BAY Cruz Bay is the major residential center and port of entry for St. John. A recent Port Authority. study includes several proposais for the Enighed Pond-Cruz Bay area. The major porposals included in this Master Plan are: a} to improve and develop Enighed’ Pond to include a marina, dry boat storage, charter boat storage, charter boat dock, a cargo area with storage facilities for bulk materials, and a park and recreation area; b) to improve and develop Cruz Bay Beach to its fullest potential as a bathing beach and park; c) to atilize the Part Authority ferry dock for passenger operations only; and . d) to improve and develop Little Cruz Bay (Creek Area) for light cargo, boat repair, and for foreign arrivals while clearing customs. Recommendations: In addition to these activities, a wastewater treatment facility is planned for the Enighed Pond area. It is recommended that the general concepts of-the pvroposed Taster plan suggested by the Port Authority be enforced Plans for the wastewater treatment Plant should be reviewed to insure that this activity will not interfere with future development. It is also recommended that ferry boat decking be relocated to Little Cruz Bay (Creek Area). This measure would enable the water quality in Cruz Bay to improve and in turn make Cruz Bay Beach a more viable recreation resource. In addition, the area surrounding Little Cmiz Bay can better acccammedate taxis and tourbuses. All detailed site plans should be subject to review by the coastal zone. management: agency. As a condition. for any work.in-Enighed Pond, the constraints on development of Salt Pond areas must be considered. Protection of the marine environment must he given high priority during construction of any proposed improvements. Strong erosion and drainage control measures must be taken to replace the salt pond's fimetion as a sediment trap. 127; CHOCOLATE HOLE - GREAT CRUZ BAY Chocolate Hole and Great Cruz Bay are located on the southwest coast of St. John. The two areas are both significant natural areas and areas subject to strong development pressure. Water quality in both areas is subject to degradation from surrounding residential develop- ments. Great Cruz Bay has already been. impacted by. these development activities. Special attention to the salt ponds surrounding Chocolate Hole, the nearby beach, and Chacalate Hole Bay is needed. The two salt ponds and former pond now open to the sea are important as wildlife areas and as sediment traps to protect the water quality of Chocolate Hole. Recommendations: Generally, the colicies outlined in this plan should suffice to insure that development of Great Cruz Bay and Chocolate Hole will not destroy the amenities that the area presently enjoys. The coastal zone management recommendations with respect to salt ponds, mangroves, beaches, and steep slopes development should be strictly applied to these areas. Future development of Great Cruz Bay and Chocolate Hole should be cone in such a manner as to minimize environmental and visual impacts. LAGOON POINT - CORAL BAY Although one half of St. John's land area is owned by the National Park Service, there is still a need to protect significant natural areas outside of the Park's boundary. Lagoon Paint and its associated coastal and marine resources is such an area. Located in Coral Bay, east of Calabash Boom, Lagoon Point can be a resource complex of immeasurable wealth. In a small area, consisting of 150 acres, Lagoon Point concentrates Fine examples of the of the basic elements of a healthy shoreline ecosystem. A mile jong fringe reef, mangroves, lagoon and salt pond can all easily be observed. Fishing, swimming and snorkeling can be anjoyed at Friis Bay, within Lagoon Point. An additional value of this site is its function as a living classroom that illustrates some basic lessons in Virgin Islands ecoloay such as the role of the shoreline by heal thy mangroves. Lagoon Point, as an excellent example of the ‘classical Caribbean fringing reef" has been recommended for inclusion in the Registry of Natural Landmarks. The Department of Conservation and Cultural Affairs has desianated 140 acres of submerged land as "The Lagoon Point Territorial Reef Reserve." Both the marine resources and adjacent land area are planned for inclusion in the Territorial Park © System. Coral Bay is the population center of the East End of St. John. Inner Coral Bay Harbor is the site of an illegal fill project as well as a U.S.D.1. Fish and Wildlife Service mangrove restoration project. The best storm anchorage, in the U.S. Virgin Islands for larger boats and ships, Hurricane Hole, is located east of Coral Bay. Recommendations: The CZMP strongly endorses the inclusion of Lagoon Point into the territorial Park System. Careful park management to balance utilization with protection will be needed. Tt is strorigLy. reccmmended: that Lagoon Point serve as.an Environmental Studies Program outdoor classroom to expose sutdents to the lessons to be learned from this area. It is also strongly recenmended that development in the upland watersheds adjacent to Lagcon Point be monitored and controlled to minimize adverse impacts to coastal water quality. The on-going mangrove restoration project should be encouraged and its success monitored. The use of Hurricane Hole for fishing, recreational boating, and as a storm anchorage should be maintained. CHAPTER EIGHT Mechanisms For implementation: Organization and Authorities This chapter presents the-mechanisms for implementing the management program and. discusc2s the oraanization and. permit systems under both the existing and revised coastal regulatory regime. The reorganization within the Department of Conservation and Cultural Affairs and a revised permit system have been estapdiished to facilitate the program's implementation and administration. The relationship of leases and other Territorial and Federal permits to the program are discussed. The last section concerns the rearrangements and amendments to various existina leaislative Acts, These necessary rearrangements provide the basis for the revised organization and permit system. Federal Requirements The Coastal Zone Management Act stipulates several requirements regarding the authorities and organization for program implementation. Among other pravisions, Section 396 of the CZMA requires that a single agency must be designated as a "lead" agency to receive ant administer grants for implementation of the management program. Other participating agencies may share planning, regulatory, monitoring, or certain administrative functions. The designated agency must be responsible for the prudent use of funds in the furtherance of the terms and policies af the management program. As such, this agency must have the following capabilities: a) Fiscal and legal capability to accept and administer Section 306 funds, to make contracts or other similar agreements with participating agencies and to dispense Section. 306 funds to such agencies’ for the purpose-of carrying.out specific portions of the management program; b) Administrative capabilities. to monitor and evaluate in a systematic fashion the management of the islands’ coastal resources by those agencies with responsibilities under the program; c) It must be capable of, and in position to make, periodic reports to OCZM regarding the performance of the agencies implementing the program. CET FIGURE 81 EXISTING ORGANIZATION Department of Conservation and Cultural Affairs GOVERNOR Personnel - Special programs COMMISSIONER Budget and Planning and Administrative Development Services oo. Division of Division of Division of Parks Cultural Heritage Natural Resources and Recreation and the Arts Management Environmental ve Prograins Bureau of Parks Bureau of Bureau of Virgin Bureau of and Recreation Libraries isiands Air Pollution Bureau of Fish Shoreline Open Space Programs and Council Water Pollution and Wildlife and Land Management and Museums onthe Arts Pesticides Management Activities Noise Radiation Existing Management Regulations: Organization and Permit System in the Virgin Islands there exists a. considerable base.of authority to implement a coastai zone manacement. program (see. Chapter Three - The Setting). The authority for the existing reguiatary system is found in-a number of statutes, with the responsibility for the administra- tion and enforcement vested in several governmental entities. As a result, the present arrange- ments are characterized by fragmentation, overlap, and multiple processes. The most salient groblem is not the lack of adequate Taws to protect the coastal resources, but that the existing laws are redundant or conflict, lack appropriate standards for administrative action, or fail to specify any time limit within which an agency or administrator must take final action (see Chapter Four, issues and Problems}. In addition, the permitting processes and procedures foilowed in granting, modifying or revoking permits are vague, and frequently raise questions of whether they provide due proeess of Jaw for the permittee. Organization: The Department of Conservation and Cultural Affairs The Department of Conservation and Cultural Affairs (DCCA)-is the major governmental entity responsible for the administration and enforcement of all territorial Jaws relating to conservation and coastal resource management. Within DCCA there is a Division of Natural] Resources Management with various Bureaus that have responsibility for discharging the administration and enforcement of these laws. Figure 8.1, Existing Organization, illustrates the relationship of the Commissioner of the Department of Conservation and Cultural Affairs, the Governor, the Division of Natural Resources Management:.and the several Bureaus. The Bureaus and entities relating to conservation and coastal zone management activities are: The Bureau of Fish and Wildlife, Bureau of Shoreline and Land Management, and Environmental Programs. The role of each and other regulatory entities is briefly explained befow (see Chapter Three, Institutional/Political Setting). The Bureau_of Fish and Wildlife (BFW) is charged with the management of fish and wildlife resources and promotion of boating safety. Accordingly, all laws pertaining to the regulation of fish and wildlife and the licensing of motorboats reside within the Bureau. Furthermore, Fish and Wildlife provides "extension service” aid in these matters and reviews applications for a1]. 133 7 submerged lands permits, earth change permits and special permits and environmental impact statements. BFW is also responsible for the improvements of Wildlife habitat by the planting of feed craps, installing catchments and building fresh water ponds and artificial reefs. Environmental Programs (EP) is charged with the implementation of an assortment of environ- mental protection programs. EP administers the air and water pollution control permit system. Planning and construction of sewage treatment systems and water quality monitoring are vested within the Bureau. A pesticide control program is also administered as well as the control of- noise and radiation. Relevant to Coastal Zone Management are several permits issued by EP pursuant to Federal and comparable territorial statutes. The permits are the Water Pollution Discharge Permit under the National Pollution Discharge Elimination System (NPDES) of the Federal Water Pollution Control Act Amendments of 1972, and the Air Pollution Discharge permit pursuant to the Clean Air Amendments of 1970. The Bureau of Shoreline and Land Management (BSLM) is the most significant in terms of reguiating development activities in coastal land and water areas. The function of 8SLM is to pro- vide for the control and use of shorelines, submerged and filled lands and to provide for envircnmental protection of all lands and water areas. 8SLM administers programs pursuant to the Open Shorelines Act, the Trustlands Occupancy Act, the Earth Change Law, and the 0i17 Spill ' Prevention and Control Act. Accordingly, it administers a permit system Tor the shoreiine development or activities under the Open Shorelines Act-‘and the Trustlands Occupancy and Alteration Control Act. It also administers the Earth Change permit program for public projects invoiving any land alterations. BSLM is responsible for reviewing permit applications for activities on submerged or filled lands, dredging and inining operations, and issuing licenses for of] terminal facilities, and issuing earth change permits for all public projects. Other Regulatory Entities In addition to DCCA, there are other governmental and quasi-governmental agencies involved in the regulation of coastal land and water uses. The Planning Office, the Virgin Islands Conservation District (VICD) and the Department of Public Works (DPW) are all vested with a certain degree of regulatory authority relevant to coastal zone management. The Planning Office formulates zoning regulations and recommends zoning changes which must be approved by the Territorial Legislature and Governor. The Zoning District Law is administered and enforced by the Department of Public Works through the issuance of use permits. The Subdivision Law and Regulations for ail coastal and inland areas are administered by the Planning Office. VICD approves and issues Earth Change permits for all private projects. 134 ‘ FIGURE 3.2 @ LAND AND WATER USE LAWS AND IMPLEMENTING-AGENCIES | X - Primary Responsibilit ¥ . GOV. © - Limited Involvement V.LP.O. VALPA. PWD. CCA. & LEG. cp, 0 x ie) ZONING ADMINISTRATION BUILDING CODE. - x HARBOR CONTROLS (MARITIME) x EARTH CHANGE (LAND ALTERATION) x D4 4 OPEN SHORELINES . , x TRUSTLANDS OCCUPANCY & ALTERATION M4 x“ CONTROL (SUBMERGED & FILLED LANDS) , @ HISTORIC PRESERVATION (DISTRICTS) x a) LAND SUBDIVISION x Oo 0 0) FLOOD CONTROL MEASURES ie) x AIR and WATER QUALITY % POLLUTION CONTROL / FISH and WILDLIFE and BOATING . 4 CUTTING OR REMOVAL OF TREES ADJACENT TO WATERCOURSES x ONL SPILL PREVENTION... Xx < V.1.P.0. - Virgin Islands Planning Office V.LLP.A. - Virgin Islands Port Authority P.W.D. - Department of Public Works C.C.A. - Department of Conservation & Cultural Affairs GOV. & LEG. - Governor and Legislature @ - C.D.- Conservation District The Governor and Legislature of the Virgin Islands have a significant role in the use of coastal land and water areas. The use and occupancy of submerged and filled lands are subject to the doctrine of public trust. Under the Trustlands Occupancy, Alteration and Control Act, the permits and leases for use of these areas are issued by the Governor and ratified by the Legislature. They also approve ail amendments to the V.I. Zoning Law and Official Zoning District Maps (see Figure 8.2). The Existing Permit System The Department of Conservation and Cultural Affairs administers land and water use laws under its jurisdiction through a variety of permit processes. These permit programs are administered under the Division of Natural Resources Management which are illustrated on Figure 8.3. Those regulatory functions conducted by the Department of Public Works, the Planning Office and the Virgin Islands Conservation District are shown on Figure 8.4. Under the present system, the major Territorial permits related to coastal management are the submerged lands permit (SLP) issued pursuant to the Trustlands Occupancy, Alteration and Controi Act, approvals granted under the Open Shorelines Act and permits issued under the Earth Change Law. a Several permits are issued pursuant to Federal and Territorial statutes. A Water Pollution Discharge Permit is required from DCCA under the National Pollution Discharge Elimination System (NPDES) pursuant to the Federal Water Pollution Control Act Amendments. of 1972, and similar Territorial Laws. An Air Pollution Discharge permit is alsa required from the Divisian of Natural Resources Management. This permit is issued for construction or operation of facilities that emit poliutants into the air pursuant to the Clean Air Amendments of 1570. A U. S. Army Corps of Engineers permit is required for (a) the disposal af dredged and/or fill material in the navigable and other water areas in the territory under Section 404 of the Federal Water Pollution Control Act Amendment of 1972; (b) the alteration or erection of structure fn the navigable waters (defined from the line of mean high tide seaward to the limits of the territorial sea) pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); and (c) the transportation of dredged material for the purpose of dumping into ocean waters pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of of 1972. Presently, a simultaneous permit processing procedure exists with the Territorial @ Submerged Lands Darmit program and the appropriate Corps permit. 136 ZeT why BUREAU / LAWS FIGURE 83 EXISTING PERMIT SYSTEM ACTIVITY PERMIT SYSTEM BUREAU OF FISH AND WILDLIFE Fish and Wilcitife Act ENVIRONMENTAL PROGRAMS Wann Pollution Control Act Water Quality Pollution Contra Clean Are Act of 1970 Au Quality Pollution Contal BUREAU OF SHORELINE AND LAND MANAGEMENT Open Shorelines Act Treistland, Occupancy and Alturation Control Act Oil Spall Prevention Act Earth Change Law Regstranon, Cert fieauion, Licensing of Motor Bouts, Fohmyg and Huong Discharge Pernuts (NPDES) Au Pollution Contiol Peronts Structures and Extraction of Natusal Resauscus Structure, dredge and fill, aad extraction of natural resources Licenses for terminal taciity Lund Alteration Pernut request stibmutted a T Conimisstaner Grant of Deny Porat request subrutted | Commestoner Permit request v i Ww ‘ a Heanng ciesteiediedertdeed {Optional ‘ | uipaal C oT Issue or deny : x ion aun suboutted hn! Conmiussioner Grant or deny », Governor Legislator Perrot request ~ : submutted or Comotssioner approval or ratify approved deaal Peres rf Ld ne cone eee Sh. Review and Curments by Pulbe Danny Appeal ductsiai PWD {optional} to District VAP O Caurtot Vit VAIPA CRA. Permit request a) Commissioner Grant or deny submitted Permit request . ~ for public 4 Conunisstoner - b) Grant or Deny projects bees me eres eee Appeal deciian . to Distner Court oi VA FIGURE 8.4 i @ . AREAS OF JURISDICTION EXISTING Air and Water Pollution Control (CCA) y iN _ Zoning and Building Permit (PWD) — — { Earth Change Permit (CD) (CCA) i i ¢—_— Subdivision Approval (VIPQ) ——F, Historic District (VIPO) oy oT | Trustland Occupancy and Alteration Control (CCA} Open Shoreline (CCA} {Oil Spill Prevention (CCA) oe Finn) ann) cal sats : 50’ LINE OR LINE’ LOW ‘TIDE TERRITORIAL SEA OF VEGETATION PROPOSED t- Air And Water Pollution Control (CCA) : L— Building Permit (PWD) —4 ‘4 Subdivision And Historic | al District Approval (VIPO) = 4 Al i— Zoning (PWD) __—} COASTAL ZONE PERMIT (CCA-DCZM) —-—~4 RRA Ae en ® t INLAND BOUNDARY LOW TIDE TERRITORIAL SEA (FIRST TIER} ~ 138 -: The Department of the Interior is responsible for the administration of the terrritorial submerged Jands with respect to oi], gas, and other mineral resources, excluding coral, sand, and gravel pursuant to Public Law 93-435, 1974. lemplamentation Mechanisms The mechanisms to implement the program consist of. two parts; (1) an organization: with administrative, fiscal and monitoring responsiblity, and (2) the means or necessary powers to administer land and water use regulations, control development in accordance with the management program, resalye conflicts among competing uses, and acquire interests in lands, waters and other property through condemnation or other means. With respect to the implementation and enforcement of a coastal zone management program, it is worthwhile to reiterate that the territorial government. is the only level of government in the Virgin Islands, and as such, will continue to directly exercise authority over all land and water uses within the coastal zone. Accordingiy, all authority for implementation of the program will be vested in an agency at the territorial lavel.’ Iverview The implementation mechanisms involve organizational changes within the Department of Conserva- tion and Cultural Affairs. The Bureau of Shoreline and Land Management will be reconstituted as the Division of Coastal Zone Management (DCZM) and a Bureau of Enforcement will be created. The primary mechanisms by which the CZM program will be implemented entail the institution of a permit system for the coastal zone, A coastal zone permit will be required for all cevelopment- activities within the first tier. The system will be administered througn the Department. of Canservation and Cultural Affairs with each proposed project evaluated on an individual basis.. There will.be two:types of permits: Minor and: Major. The Commissionér of Conservation and Cultural Affairs-will approve, disapprove, or set conditions for approval for all minor and major coastal zone permits. A well-defined appeal mechanism and specified time limit for departmental action is included in the permit system. Essentially, the coastal zone permit is a certification that a particular project conforms to: 1} the goals and policies of the approved CZM program; 2) the Coastal Land and Water Use Plan; and 3) all applicable rules, regulations, and standards which are administered by the Department of Conservation and Cultural Affairs. The Permit System The major provision for implementation of the coastal zone management program is through the institution of a permit system to regulate al] development activities within the first tier of the coastal zone. There are two types of coastal permits required for development activities: (a) minor permit and (b) major permit. There are also provisions for an emergency permit to be granted under special “emergency conditions.” The Coastal Zone Permit The Coastal Zone Permit (CZP} is a comprehensive permit that incorporates, subsumes, or supplants, in whole or in part, all of the coastal management-related permitting functions presently conducted under the Environmental Programs and Bureau of Shoreline and Land Management, the Department of Public Works, the Virgin Islands Conservation District, and the U! S. Army Corps of Engineers. The coastal zone permit incorporates the Earth Change permit for all puolic and private projects within the first tier of the coastal zone. Earth Change permits for all Drivate and public developments in the second tier will be issued by the Virgin Islands Conservation District, All enforcement actions relative to permits issued by the Department of Conservation and Cultural Affairs will become the responsibility of the OCCA, rather than the Department of Public Works. The permitting functions under the Open Shorelines and the Submerged Lands permit under the Trustlands Occupancy Alteration and Control Act are meryea and incorporated as provisions of the CZP. The use permit administered by the Department of Public Works under the Zoning Law within the First tier of the Coastal Zone 3S als. incorporated into the CZP. The dual processing procedure of the U. S. Army Corps of Engineers permits and local permits will continue (see Figure 8.4). In serving the Division of Coastal Zone Management's function as a “clearinghouse,” the coastal zone permit will initiate the appropriate processing for both the NPDES and the Air Pollution 140 ‘4 Discharge Permit when one of these permits is required for a coastal zone activity, or when Federal consistency certification is required. The procedure far processing subdivision applications is virtually unchanged. The Planning Office remains the agency responsible for approving subdivision plans. Rather than receipt of an Earth Change permit from the Bureau of Shoreline and Land Management, the applicant will now receive a coastal zone permit. The CZP for. subdivisions is a partial permit with final approval.contingent upon the:Planning Office. The. permit indicates that the subdivision is con- sistent with the provisions of the Coastal Zone Management Program. Al] of the implementation pro- cedures and authorities are described in detail in the foltowing sections. Types of Permits and Excluded Activities ~ Specific quidelines for determining the type of permit required should be promuigated Sy the Commissioner of Conservation and Cultural Affairs. The following general conditions should serve as a guide to the Commissioner in setting these standards. Major Permit - A major permit is required for any project or activity unless the development is ip) to be completely conducted landward of the Tine of mean high tide and satisfies one of the following criteria, in which case a minor coastal zone permit shall be required: . a) The development consists entirely of improvements to an existing structure for which improvements cost the developer Jess. than forty-two thousand dollars ($42,000); or b) the development consists of a subdivision or the construction of one or two single- family residences or a duplex on any parce! of record on.the effective date of this chapter; or c) the development consists of one.or more structures valued in their entirety at jess than sixty-five-thousand dollars ($65,000); or d}. the development. consists of any other development, except the: extraction of materials, valued at less than fifty-six thousand dollars (356,000); or ea) the development consists of the extraction of materials valued at less than seven thousand dollars ($7,000), provided that the Commissioner shall, by regulation, require a major coastal permit fur tne extraction of certain materials ur any waterials from certain areas. oy 141 FIGURE 8.5 COASTAL ZONE PERMIT REVIEW PROCESS: ir an DIVISION OF COASTAL ZONE MANAGEMENT (DCZM) Preliminary Review (informal) Notify SS Applicant [ooo OL 4 as to Decision | aN a I I . Commissioner ae + I Submit Application \J Commissioner Make % miner Review and a I and Certification Determination ‘ Final Action L | of Compliance as to Type of . | (Federal) * Permit Governor ang oo, | Legislature Certification Approval of to Federal / Leases for Agencies Major Circulate For Public Landst | s Permit Agencies i] Review 7S rN | (30 Days) i | | 4 I Notify Applicant ! | 15 Days a ( ays] A Commissioner 9 TT TOT 4 | «ba Review and | i Public Hearing Final Action . i Joinily with ‘ | Federal Agencies | se (60 Days) | Appeal to Board of . . Land Use Appeals Notify Applicant Ln a a : (45 Days) as to Decision Fi | | District Court I iin iinininie sienna, (45 Days) | H | i Bn ee ee ee cee ce ee ee ee et ee * Certification Required: Activities Needing Federal License of Permit or Federal Activities or Development Projects Request for Federal Assistance t Governor and Legislature must approve all leases for publicly owned filled lands and permits for the use or occtipancy of all submerged lands. . Emergency Permit - The Commissioner of Conservation is empowered to issue permits without compliance to established procedures for coastal zone permits in case of emergency. For the purpose of this program "emergency" is defined as a situation in which an activity or facility presents an imminent and substantia] endangerment to public health, safety, or welfare. Excluded Activities.- Cartain activities are excluded from the permit provisions, Ordinary maintenance and repair do not require a coastal] permit. Any permitted facility located in the coastal. zone may be repaired and maintained without a coastal zone permit provided. there.is no structural alteration, expansion, or enlargement of the facility. Determination of Type of Permit Required {i} Evaluation and Decision - When an application for a permit is received, the Commissioner of Conservation and Cultural Affairs will review it for completeness and make a determination as to whether the request will require a minor or major permit, The Commisstoner wil] aiso rule on emergency sermits and activities to be excluded. The Commissioner may request any additional information deemed necessary within reasonable terms for making a proper determination. Additional information may be in the form of anvironmental impact assessment consisting of a description of the proposal, identification and avaluation of the existing conditions, and the expected and potential environmental and socio-economic impacts. All applications must contain detailed information about the proposal or use in a format prepared pursuant to rules and reguiations issued by the Commissioner (see Figure 8.5, Proposed Coastal Zone Permit Review Process). (2) Exceptions - The Commissioner will rule on amargency permits and make determinations for axcluded activities, subject to guidelines established sursuant to 2ulas and Reaulations, All development activities sponsored. by DCCA which require a coastal zone permit will be acted upon by the Commissioner. Both the determination of the type of permit required and the approval: or disapproval. of these applications will be-made’by the Commissioner. (3) Time to Act --Therapplicant: shall, be natified of the decision as to the type of permit required by the Commissioner within fifteen (15) days after a completed application has been submitted. (4) Appeal - The applicant for a permit or any aggrieved person has the right to appeal the decision of the Commissioner of Conservation and Cultural Affairs as to the type of permit required to the proposed Board of Land Use Appeals within forty-five (45) days, The Board may affirm or reverse the decision of the Commissioner. 143 2 (5) Judicial Review ~ Any applicant or person aggrieved by a decision of the Board of Land Use B Appeals has the right to file a petition for judicial review in the District Court af the Virgin Islands within forty-five (45) days after the Board’s decision has become final. Administrative Praceduras - Minor Permit (1) (4) Decision - The Commissioner of Conservation and Cultural Affairs is empowered to issue ar deny all minor permits. The Commissioner is empowered to conditionally approve a permit application to ensure that mitigating measures are employed to minimize impacts on coastal resources. When denying a permit. the Commissioner will make findings of fact in support of stated conclusions that the proposed development would be inconsistent with che specific objectives and policies of the CZMP. Time to Act - The Commissioner will grant or deny minor permit requests no later than sixty (60) days after a completed application has been submitted. If a decision on the application is not made either denying or granting the permit within the stipulated sixty (60) days time period, the application will automatically be deemed approved. Appeal - Any applicant or aggrieved person has the opportunity to appeal any decision made by the Commissioner on a minor permit within forty-five (45) days after the decision becomes final. The Board of Land Use Appeals js empowered to .affirm, reverse or modify the decision of the Commissioner. Judicial Review - Any applicant or person aggrieved by a decision of the Board of Land Use Appeals has the right to file a petition for judicial review in the District Court af the Virgin Islands within forty-five (45) days after the Board's decision has become final. Administrative Procedures - Major Permit (1) Review by Agencies - All major permits will be referred by the Division of CZM for review and comment to the Virgin Islands Department of Commerce, Virgin Islands Planning Office, Department of Public Works, Virgin Islands Port Authority, Caribbean Research Institute of the College of the Virgin Islands, National Park Service, and Virgin Islands Conservation District. Comments must be submitted to the Division of CZM within thirty {30) days of receipt of an application referred by the Division, after which it may be presumed the agency consulted has no comments to make. Consulted agencies may request a specific rd] extension of time of up to thirty (30) additional days in order to respond to an application. In addition to consultation with governmental agencies, the Commissioner of Conservation and 144 4 @ FIGURE 8&6 ORGANIZATION DEPARTMENT OF CONSERVATION AND CULTURAL AFFAIRS Governor mass Director Director Comrnissioner Personnel Budget Director Special Planning and Projects and Administrative Services Development fet . si Divisions of . Division of Parks and Recreation Division of | Division of Cultural Heritage Natural Resources Coastal Zone St. Thomas, St. John and the Arts Management and St. Croix Management | | Fda: - Bureau of Bureau of Bureau of V.J. Council Bureau of Environ- Bureau of Parks and Recreation Library on the Fish and mental Enforcement Open Space Programs and and Arts Wildlife Programs Management Activities Museums Cultural Affairs will consult private organizations and persons who have expressed an interest © in a project in order to solicit their information, apintons, recommendations, and advice on the proposed project. The Commissioner shall make available to the public such materials as may be necessary to promote better understanding of the project. (2) Hearing - A public hearing shall be conducted by the Division of CZM within sixty (60) days after a completed application nas been filed, and after appropriate written notice of the time and place and the nature of the application. Whenever practicable and necessary, the Division of CZM will arrange with Federal agencies to conduct joint public hearings. (3) Decision and Standards for Permits - The Commissioner is empowered to issue, deny, or modify al] major coastal zone permits and variances based on specific: findings of fact in support af stated conclusions relative to the objectives and policies of the CZMP. Tne Commissioner will prescribe appropriate rules, regulations, and standards related to the submission of applications for major coastal zone permits. (4) Time to Act - The Commissioner will take action upon an application for a major permit after public hearings, within ninety (90) days after a completed application has been filed with the Commissioner. (5) Appeal - Any applicant or aggrieved person has “ne opportunity to appeal any decision made by the Commissioner on a major permit within forty-five (45) days after the decision becomes final. The Board of Land Use Appeals jis empowered to affirm, reverse or modify the decision of the Commissioner. . ; (6) Judicial Review - Any applicant or person aggrieved by a decision of the Board of Land Use Appeals has the right to file a petition for judicial review in the District Court of the Virgin Islands within forty-five (45) days after the Board's decision has become final. Since many of the regulatory authorities concerning the development and conservation of shore- lands and water areas are presently vested in the Department of Concervation and Cultural Affairs (DCCA), it has been designated as the agency responsible for implementing the program (see Figure 8,6, Organization), COMMISSIONER OF CONSERVATION AND CULTURAL AFFAIRS The Commissioner is responsible for directing the activities of the Division of CZM. The Commissioner shall make a determination as to the type of permit, minor or major, which will 146 whe £7T COMMISSION OF PUBLIC WORKS - Zaning Administration within 2nd tier of Coastal Zone - Issue Building Permits ist & 2nd Tier of Coastal Zane - Enforce Earth Change Permits within 2nd Tier . Establish Flood Control Measure within Ist & 2nd Tier BOARD OF APPEALS UN - Review decisions of the Camm. off €.C.A. on Coastal Zone Permits é - Review the decisions of the Comm. of P.W.D. - Issue Variances to the Zoning Law FIGURE 8.7 REGULATORY SYSTEM FOR LAND AND WATER ACTIVITIES COMMISSION OF CONSERVATION AND CULTURAL AFFAIRS GOVERNOR AND LEGISLATURE U.S. DISTRICT COURT - Review Decisions of the Board of Appeals and Comm. of C.C.A. - issue minor and major coastal zone permits within the Ist & 2nd Tier - issue Air and Water Quatity Pollution Control Permits within the Ist & 2nd Tier - License marine terminal facilities & activities and regulate oi! transfer and prevent poilution |. Regulate fishing and issue boat licenses - Approve leases and occupancy permits for subsnerged and filled lands - Approve Zoning Amendements - Apprave amendements to Coastal Zone Management Program PLANNING OFFICE 3 - Review Decisions of the Lugisla- kK} ture and Governor cm VI. CONSERVATION DISTRICT | - Issue Earth Change Permits in 2nd Tier for all projects CL - Subdivision Approvals within Ist & 2nd Tier - Render technical opinions to the Comm. of Public Works & Board of Appeals on all matters referred to it.” - Review and recormend on all zoning changes and CZM amendements to the Legislature - Review and comment on major Coastaf Zone Permits - Administer Historie Architectural Contro! Districts. be required for each proposed project within the first tier of the coastal zone boundary. This © determination by the Commissioner shall be subject to guidelines to be established pursuant to Rulas and Regulations. All major and minor permits wil] be issued by the Commissioner. The Commissioner will be empowered to issue, deny or modify al] coastal zone permits. Therefore, in granting a permit, the Commissioner may prescribe reasonable terms and conditions to assure consistency with the CZMP and to avoid significant adverse impact on the coastal environment. The Commissioner, following public hearings, shall promulgate such rules and requiations, guidelines, standards, procadures for filing permit applications and for preparation of an Environmental Impact Assessment or Statement as he deems necessary and appropriate to carry out the CZMP and the implementing measures. The Commissioner, through the enforcement powers of the Department, shall be responsibie For all enforcement actions arising from ‘the implementation of the permit system. DIVISION OF COASTAL ZONE MANAGEMENT Tha presant Bureau of Shoreline and Land Management within the Division of Natural Resources Management will be radesignated as the Division of CZM (DCZM) and be vested with the primary responsibilities for the administration of the CZMP, The majer function of the DCZM is to provide © support such as administrative, clerical, technical, and legal and other services which may be required by the Commissioner in carrying out his duties with regard to the program. The DCZM shall also serve as a “clearinghouse” for all permits issued by DCCA that deal with development activities in the coastal zone. The revised regulatory system for land and water activities is shown in Figure 8.7. BUREAU OF ENFORCEMENT A dureau of Enforcement will be created within the DCZM to enforce aii environmental rules, regulations, and standards within the jurisdiction of the Commissioner of Conservation and Cultural Affairs. The Bureau of Enforcement shall be responsible for ensuring that after a permit is issued by the Department, the authorized work or activity is being performed in the manner, and*for the purpose, for which the permit was granted. The Commissioner of Conservation and Cultural Affairs, with assistance from the Bureau of Enforcement, will be able to issue cease and desist orders and to initiate judicial proceedings in the District Court to prevent violations of the CZMP or the permit system. All enforcement actions brought by the DCCA wilt be represented by the Attorney General or his designated legal © representative within the Department of Conservation and Cultural Affairs. This authority is 148 By explicitly intended to allow the Department to bring suit against all other Departments, agencies or instrumentalities of the Government of the Virgin Islands for violations coming within the Department's jurisdiction. APPEALS BOARD The Board of Zoning, Subdivision, and Building Appeals has been redesignated the Virgin Islands Land Use Appeals Board. in addition to its present duties, this board is empowered to act. upon appeals arising from decisions by the Commissioner of Conservation and Cultural Affairs with regard to the permit system. It may affirm, reverse, or modify the Commissioner's determination of the type of permit needed or the Commissioner's decision on any permit. JUDICIAL REVIEW Any applicant for a permit, governmental agency, person, or legal entity agarieved by the decision of the Board of Land Use Appeals has a right to judicial review of. such action or decision by filing a petition in the District Court of the Virgin Islands after such action or decision has become final. VIRGIN ISLANDS PLANNING OFFICE (VIPQ) he Although not directly involved in the issuance of coastal zone permits, the Planning Office will maintain a continued involvement in the management process. The Planning Office should annually review the program in terms of its effectiveness in achieving its goals and objectives and consistency with any comprehensive land and water use plans or programs in effect. Leases Or Other Authorizations: The leasing:or occupancy of any filled:or submerged lJands.in the: territory within the jurisdiction of the- Government of: the Virgin Islands will continue to require the approval of the Governor and Legislature. A coastal zone permit will be issued by the Commissioner for a development activity before the issuance of a lease or permit.bv the Governor nr Legislature for filled and submerged Jands. Federal Consistency Certifications in compliance with the Federal consistency requirements of the CZMA (Section 307), and in accordance with rules and regulations, the permits issued by the Commissioner shall serve as a certificate of compliance with the management program. When issued, the permit shall indicate compliance as required for Federal permits and licenses. Federal agencies shall notify the Commissioner of a1] Federal development projects -and activities. For further detail, see Appendix B, Virgin Islands Federal Interaction. - Rearrangements of Legislative Regimes To implement the management program, it has been necessary to effect changes in the existing organization of DCCA and legislative authorities. Various statutory procrams have been and recommendations proposed to establish clear policies, legal authorities and criteria necessary for program implemantation. The following changes in existing legislation and oraanization Rave been made: (1) The Virgin Islands Ccastal Zone Management Act of 1977 has been enacted. Tt provides for the creation of a Division of Coastal Zone Management and a Bureau of Enforcement within the Department of Conservation and Cultural Affairs for the administration of the management program. The Department of Conservation and Cultural Affairs is designated as the single agency responsible for the implementation of the management program as required by Section 206(c)(5) of the CZMA. The Open Shoreline and Trustlands, Occupancy and Alteration Control Act are merged into the Virgin Islands CZMA. The permit functions under these Acts are incorporated into the coastal zone permit. The Earth Change Law is amended with pravisions for all Earth Change permits in the first tier of the coastal zone to be issued by OCCA as a part of the coastal zone permit system. In addition, the Earth Change Law amendments include provisions for all Earth Change permits in the second tier to be issued by the Virgin Islands Conservation District. (2) The Subdivision Law is amended to require that an applicant for a subdivision permit within the first tier of the coastal zone receive a coastal permit from DCCA prior to applying to VIPO for a subdivision permit. In addition, the approval of land subdivisions in the first tier of the coastal] zone may require the dedication of 150 Sd public access. (3) The Zoning Law will be amended to reflect the CLWUP and has been amended to pravide for use permits within the first tier of the coastal zone to be issued by the DCZM through ~ the Commissioner of Conservation and Cultural Affairs. The permit processes are so designed that proposed uses or activities are permissible and environmentally sound. The review process is primarily impact-oriented and permits may be withheld, even for permiized uses, if a development activity cannot be so designed to avoid detrimental environmental impacts, i521 ee SECTION TWO Virgin Islands Coastal Zone Management Program Environmental Impacts Appendices * Glossary Bibliography | . af ’ . . . . ' . i : ‘ se “oat ge ett To ‘ ‘ . art on : noe . " woe ” - . a 7 ‘ . ot . PARTIC’ Virgin Islands Coastal Zone Management Program Environmental Impacts oapter. 9. Description of the Proposed Action see Part Three the Management Program:. Chapter Five, Development of a Coastal yy Land and Water Usa i a jan. Chapter Six, Snoreline Accass. Chapter Seven, Areas of Particular Concern, Chapter Eight, Mechanisms for Implementation. \, Chapter 10 Description of the environment Affected a \ see Part Two, Context for Planning: e Chapter Three, Context for Planning: Background and Setting. Chapter Four, Issues and Problems sad 1cie s and Chapter 11 Relationship of the Action to Land Use Plans, Poi Controls for the Virgin Islands see Chapter Three, Context for Planning {Development Proposals), and Appendix B, Virgin Islands Federal Interaction. (Coordination with other Planning) eo Pa 155 ‘Chapter 12. Probable Impact of the Proposed Action on the Environment The emphasis of the Virgin Islands Coastal Zone Management effort has been to develop a rational environmental program; to accomodate development and economic growth while maintaining or enhancing the quality of the natural environment. As such, impacts of the proposed program on the natural, economic, and social environmental have been assessed during several stages of program development. In’ the initial planning stages a "Capability Analysis" was conducted to assass tne impact of various types of activities on a series of coastal environments (see Chapter Two, Study Procedures). A Technical Advisory Committee-(TAC) was astablished to advise: on scientific and technical matters. The TAC represented a variety of interdisciplinary professions and interests, and was responsible for conducting the Capability Analysis (See Appendix B, Public and Local Governmental Involvement). The Virgin [stands Program is assentially composad of four components; the goals and policies, a coastal land and water use plan, and a permit system and administrative reorganization. The goals and policies (see Chapter Five) however are the basis of the program. The fand and water use plan (see Chapter Five) is a graphic representation of the policies. The surpose of the vermit system and reorganization is to implement the goals and policies (see Chapter Eight). Consequently, this section will discuss the-probable impacts of the goals and policies on the natural, social and economic environment. The program goals (see Chapter Five) emphasiz “the balance of social, environmental, economic cultural and aesthetic values, and the recognition of resource capabilities and limitations. Long term social and economic benefits, the protection of the environment and traditional activities, and the public use of the shoreline consistent with tradition, are the thrust of the Program. The goals of the program will have several effects on the environment. Secause the goals are applicable throughout both tiers of the coastal zone they assure that development practices will be consistent throughout the islands. The goals clearly recognize the importance of natural resources and are designed to guide development toward areas tolerant of development and away from areas. unable to. sustain such activities. Furthermore, they clearly indicate the importance of :preserving, pro- tecting and maintaining certain resources. Coastal policies pertaining to the first tier of the coastal zone are concerned with development, the envirofment, and amenities. As a group, the development policies will have a beneficial impact on the physical environment. Uses that are compatible with the natural marine environment, fishing and controlled mariculture are given a high priority and encouraged. The policies recognize the role that a coastal location olays in industrial, commercial, residential, and recreational uses and designates appropriate areas for these activities consistent with natural resource constraints. Non-dependent or water related uses “are not permitted in areas suited for coastal dependent commercial and industrial uses. These policies 157 4 will have the impact of assuring that future economic development that requires coastal location, ports, marinas, certain industrial, commercial and tourist oriented activities, can occur. Development along the coast will be clustered into existing developed areas. This will thereby minimize the further destruction of natural areas. The. clustering of development will concentrate any negative impacts and make amelioration measures more feasible. Any adverse impacts will be located in predesignated locations. Furthermore, criteria for siting use designations considered impacts on the natural environment. Areas acting as natura] buffers will also be preserved. Substantial public investment savings and increased efficiency in the delivery of public services will result. Costly extensions of nublic utilities and transportation services will be discouraged. Facilities and services can be provided at lower cost. The value of property in existing developed areas wii? tend to increase. There will tend to be a positive impact on the redevelopment of existing urbanized and down- town areas since business and commercial activities will be encouraged to locate in these areas. The environmental policies will have a decidedly positive impact on the natural environment. Ecologically important systems will be preserved and protected. mangroves, grass beds, certain salt ponds and reefs will be preserved thereby enhancing productivity of marine rescurces. Activities must consider impacts to marine life and seek to minimize any adverse impacts. The environmental poli- cies also recognize that advances in technology and research should be reflected in siting criteria, performance standards and other regulations that relate to maintenance of environmental quality. This = : will ensure that future practices wil] be consistent to the maximum extent with sound environmental ‘ resource management. Policies covering water quality acknowledge conformance with federally promulgated criteria and will result in continued upgrading in water quality. Construction in coastal waters will be conducted in a manner that minimizes interference with water circulation and sediment transport to preserve watar quality and marine productivity. Offshore sand and gravel removal will also be conducted in a manner that will not adversely affect marine resources. Dredge and fill activities will be con- ducted with similar diligence. As a group, the environmental policies wil] accomodate long term development while maintaining and enhancing the quality of the natural environment. Education, scientific, cultural, and historic values will be protected. Rare and endangered species habitat will aiso be protected. The amenity policies will result in the encouragement of boating, fishing and common uses of coastal resources. Areas vulnerable to visual intrusions will be protected by the regulation of cer- tain criteria: size, height, color, setback and landscaping criteria. These policies will result in the maintenance of high aesthetic qualities for many APCs and other areas within the coastal zone. Agricultural land will be preserved; these areas being utilized either for agricultural purposes, or aS open space/buffer zones. Increased development which would impact coastal waters will thereby be reduced. Site development and height restriction standards insure that visual access to the shoreline and of the coastal waters will continue to be maintained, if not increased. 158 “4 One of the most significant social impacts of the program-will be the adoption by the Virgin Islands Government. of policies regarding public access to and of the shoreline. This will result ina basis from which a program for the securing of public access can be established utilizing a variety of common law doctrines, easement and fee simple purchases, Coastal policies pertaining to the second tier of the coastal zone are derived from the existing Virgin Islands Earth Change Law, Chapter 13, Title 12, ttirqin [slands Code. This law appiies to all private and public land alteration activities effecting coastal land and water resources. The implementation. of these policies; consistent with the goals of the management program will insure the mitigation of negative. impacts such as erosion, sedimentation, siltation, and pollution on the coastal resources of the Virgin Islands. This will assure that adverse impacts particularly to reef areas and marine meadows which are intolerant to the effects of siltatian and sedimentation will oe attenuated’ and their vital natural fonctions maintained. The management program also contains numerous guidelines for use in the promulgation of rules and regulations pursuant to the Virgin Islands Coastal Zone Management Act of 1977. A number cf the guidelines refer to the conservation of and the specific use of coastal environments. The guidelines for steep slopes. and low relief shorelines address low density residential deyalop- ment and conservation uses on steep areas, and a maximum of medium density residential development for low relief areas. As a result, areas for future residential development to meet the need of 4 growing island are consistent with resource capabilities. Construction shnyld he nrehibited on areas of severe building constraints with these sites considered for incorporation into the emerging Territorial Park System .as open space areas. Degradation to the marine environment caused by siltation and sedimentation resulting from development will be alleviated or at Teast attenuated. The guidelines for developed bays’ and shorelines insure that where appropriate, these areas will be utilized for water dependent commercial and industrial uses. The present problem of pre- cluding uses that require a coastal site by those non-water dependent or related activities will be alleviated. A prohibition of direct wastewater discharge into any developed bay will facilitate tm- provement of coastal water-quality and adh@rence to federal standards. The maintenance and creation of waterfront parks will be acknowledged: asa priority use*of urban:waterfronts, thereby setting policy for the emerging Territorial Park system. The ‘quidelines for beach areas address the preservation and conservation of beaches. Adverse impacts to beaches caused from upland activities will be reduced. Shoreward earth change and drainage modifications will be controlled. Dredging will also be prohibited from bays with beaches except under certain carefully controlled and monitored situations. Therefore, possible beach erosion will be prevented. The most significant impact of the guidelines for mangroves is the preservation of the two jast remaining large mangrove areas. Salt River, St. Croix, and the Mangrove Lagoon, St. Thomas, are both APC/APR designated for preservation. Most activities should be prohibited outright and those permitted carefutly controlled and monitored. These actions wil] result in maintenance of these important marine resource areas. As a result marine productivity will be maintained or enhanced (see Appendix — and El). Habitat for wide variety of fish and wildlife will be maintained. Habitat for species as the White-crowned Pigeon {Columba eurocephoius) and the rare and endangered Brown Pelican {(Leleconus accidentalis) will be preserved. The preservation of manaroves will have a positive impact upon the entire spectrum of marine resources. The high quality of adjacent coastai waters, reefs, grass, beds, will in part be assured by the maintenance af mangrove areas which trap silt, debris, and ameliorate other consequences af runoff. The crucial function of many salt ponds as sediment traps/retention ponds and filters can be assured by the preservation of these areas. Protection of salt ponds will resuit in the maintenance of high water quality and other marine resources that are intolerant to sedimentation and siitation. Guidelines for grass beds and algal plains will assure that their destruction will be minimized. Any uses in or adjacent to grass beds that impede suntight, or cause perturbations will be prohibited. The integrity of these areas will be maintained. As a result, the myraid of marine species which © inhabit the areas will continue. The most notable is the queen conch (Strombus gigas) and several] species of rare and endangered sea turtles (green Hawskbill and Leatherback). in addition, retention of grass beds will have beneficial impacts on sand areas and help retard any loss of beach material by stabilizing effects. Tne guidelines toward sand bottoms address the use of these areas wil] be consistent with sound environmental management. Prior to any activity it should be demonstrated that there will not be an adverse impact to adjacent marine resources. Tne tropical reef is a complex association of hundreds of species of plants and animals. Each reef and algal ridge should be individually assessed to determine its value to ecalogical systems. The guidelines toward reefs and algal ridges insure that, where appropriate, these resources will be preserved. Habitat for the fish and other marine species will be retained, thus assuring at least current levels of marine productivity. Preservation of important reef systems will assure maintenance of reefs as natural breakwaters , thereby attenuating wave action and maintaining natural erosion and accretion rates. As a result, valuable shorefront resources will be protected from loss. Preservation of certain offshore islands and cays will have several positive impacts. The relatively pristine environments of the cays will be maintained. Use of the area for preservation wi afford nesting and habitat areas for a number of wildlife species, some of which are rare and en- dangered or near being so. 16a ‘< Chapter 13. Alternatives to the-Virgin Islands Coastal Zone ‘Management Program Throughout the development of the Virgin Islands Coastal Management Program a variety of , alternatives to specific elements of the Program were considered. Many of these derived from comments received by the involved territorial government agencies, Federal agencies, and public interests. The consideration of alternative ideas, positions, and possibilities took place over two and one half years. The record cf this orecess consists of thousands of nages. Any attempt in this environmental impact statement: to reconsider all policy and programmatic altarnatives would only repeat the detailed record which the Virgin Islands have already compiled. Normaily, at the time a coastal management program is submitted for approval, most of the substantive decisions regarding the policies, how the program is to be implemented, etc., will have een made. This is not to say that chanaes in substance can no longer take place. What is left in the way of alternatives deals with procedures. A brief description of some of the alternatives which were considered in the development of the coastal program is reviewed in the procedural altarnatives, and “those still open to the State at this time are discussed below along with the Federal alternatives. A. Federal Alternatives The Secretary of Commerce could delay or deny approval of the Virgin Islands Coastal Management Program under the following conditions: 1. If Federal agency views were not adequately considered or the program does not fully meet the requirements of the CZMA. Section 306(c) of the CZMA requires the Secretary of Commerce to make findings that a State coastal management program meets the requirements outlined in the CZMA prior to granting approval. Section 307{c) of the CZMA states “/t7he Secretary shall not approve the management program sub- mitted by a State pursuant to section 306 unless the views of Federal agencies principally affected by such program have been adequately considered." If it were shown that principal Federal agency views were not considered during development of the program, or that the State:does not meet specific CZMA requirements, then the Secretary could deny the application or delay approval pending required changes. The impacts of a negative decision are clear: The Virgin Istands Coastal. Management Program may continue to be implemented, but without Federal assistance, funded through State appropriations. The considerable Federal funds which might have made available to help implement the program would not be passed on to State agencies. Potential delays in meeting the objectives of the CZMP could result. Many of thé program elements, to be achieved as described in Part 3, would either be delayed or neglected. Many of the elements described could be achieved only through additional Federal funding assistance. 161 6<¢ The implications and the degree of magnitude of impacts this might have on the natural and social environment can only be conjectured. The provisions of Section 307 of the CZMA (Federal Consistency) would not apply to Federal agencies’ activities in the coastal zone, meaning the coordinated governmental] approach contemplated in the national program would not be fulfilled. This omission could mean that Federal agencies could take action which would conflict with the objectives of.the State in the coastal zone, B. State Alternatives In several ways the impact of the program can best be assessed from the perspective of what would result in the absence of the CZM Program. Should no Management Program be adopted, it’ is highly unlikely that any significant changes will occur in land and water uses regulations, organizations and authorities for resource management, or the type or level of land and water use laws in the Virgin Islands. The existing problems and concerns (Chapter Four) are generally recognized to be urgent issues; however, aside from the CZMP, there are few proposed solutions to the problems. There is no comprehensive plan for the Virgin Islands. The H.U.D. 701 Program of the Planning Office will be completed by year's end; however, it is uncertain how this program will be implemented at this time. The 1972 Zoning Law is not a comprehensive plan and is not adequate to insure sound future development, Aside from the CZiP, there are no studies or plans to implement arsy comprehensive land use regulations for tne Virgin Islands, There are no Blans to reevaluate the existing zoning or sub-division requlations except on an individual basis. Aside from the CZMP there are neither plans nor adequate funds available for changes within DCCA dealing with Shoreline and Land Management activities, Earth Change procedures and shoreline erosion, leasing arrangements, oil spi]1 contingency, anforcement actions or beach access problems. Throughout the development of the Virgin Islands Coastal Zone Management Program a number of alternatives for the program elements were put forth and considered. The following is a discussion of the various alternatives, and the rationale for either their acceptance or rejection. 1. Authorities and Organization: Agencies to Fund, Implement, and Administer the Program Several alternative organizational arrangements were considered for implementing the Virgin Islands Coastal Zone Management Program. The Planning Office, Department of Public Works, the Depart- ment of Congervation and Cultural Affairs, and the possible creation of a new super agency were assessed for potential efficiency, effectiveness, balance of program, and long term benefits. The Planning Office is presently charged with developing the management program and as such is in the best position to interpret its provisions. However, the statutory mission and purview of the Planning Office is not consistent with the broad aims of the program. The Departmentof Public Works (DPN) presently administers the Zoning Law, and as such has + experience in the arena of land use regulations. OPW is also involved in the enforcement of the 162 _* The same lack of a sufficiently broad purview that exists with the Planning Office alternative exists with’ the, BPM (seeChapter- Three, Context for Planning, Political Institutional -Setting, and-Chapter Eight, Mechanisms for Implementation). . vos The third alternative was the creation of a new separate agency. While a certain degree of autonomy could be gained, several problems ensued with this consideration. Inter-agency coordination between the new -supersagency and the existing coastal management related programs of OCCA would be inferior to the intrasagency cooperation. The Organic Act {see Chapter Three, Context for Planning, Institutional Political Setting) limits the number of executive departments to the existing thirteen. As a result, the new agency would have to be placed within the Office of the Governor. Presently there are over ten agencies within the Office of the Governor, and political sentiments are unfavorable to the creation of any additional entities. The Department of Conservation and Cultural Affairs is the umbrella conservation agency in the Virgin Islands and currently administers a coastal zone permit system (see Chapter Eight, Mechanisms for Implementation). The broad concerns of the agency, the existing basic organization, staf, and experience in administering the present coastal regulatory authorities made this alternative preferrable. Furthermore, DCCA also administers related coastal legislation in terms of ooating and fishing laws and CZM related environmental laws such as the air and water pollution programs. Alternatives were also considered in the selection of a mechanism to insure compliance with the . provisions of the CZM Program. The existing shoreline permit system administered by “he Sureau of Shoreline and Land Management, Department of Conservation and Cultural Affairs, was considered as an — alternative. Presently, a permit is issued for submerced and filled lands under the Trustlands Occupancy, Alteration and Control Act and the Open Shorelines Act (see Chapter Three, Context for Planning, Political/Institutional Setting, and Chapter Eight). A permit is granted for activities on-submerged or filled lands by the Governor and Legislature, and along shorelines (fifty feet from mean-low tide and/or line of permanent vegetation) by the Commissioner of Conservation and Cultural Affairs. Criteria for issuing the permits is found in the statutory language of the Acts. No rules and regulations have been formally adopted. A third permit is issued under the Earth Change Law for land alteration activities. This permit is granted by either DCCA or Soil Conservation District depending upon the nature of the activities, and enforced by the Department of fubiic Works. The present system*involves considerable duplication in jurisdiction, is confusing, unduly complex to administer, and. has no detailed standards or criteria for evaluating proposals. (see Chapter Four, Issues and Proglems, and Chapter Eight, Mechanisms for Implementation). This alternative was rejected. A sécond alternative was to revise the existing permit system (see Chapter Eight, Mechanisms for Implementation). Under this alternative, two major coastal Acts would be merged and the existing permit system consolidated. A single coastal zone permit would be issued by the Commissioner of OCCA. The coastal permit would replace the Open Shorelines Permit, the Submerged Lands Permit and the Earth Change Permit in the first tier of the coastal zone. The overwhelming positive aspects of this alter- native lead to its selection as the recommendation, 163 os 2. Alternative Boundaries Three alternative boundary definitions were considered. The first entailed the entire Virgin Islands being within the coastal zone with development activities regulated via a permit system and enforced through a Bureau of Enforcement. This alternative proved unsatisfactory. A tremendous and unnecessary administrative burden would be placed upon the permitting agency. Some uses and activi- ties in areas that would not directly and significant impact the coastal zone would have to be regu- ‘lated, and the large magnitude of permits would prove cumbersome and delaying. Furthermore, the type of inland activities which would directly and significantly affect the coastal waters are adequately controlled by saveral existing regulatory-statutes (see Chapter Eight, Mechanisms for Implementation). This alternative was rejected. The second alternative involved delineating the boundary along a relatively narrow band of shoreline. The boundary would be drawn along a series of coastal roadways, the landward extent of filled lands, contour lines and certain other topographic features. While this option would reduce the administrative burden, it would not adequately acknowledge the relationship of certain injand areas and would artifically divide the naturaf physiographic unity of the islands and the coastal waters. Goals and policies of the coastal zone program would not be legally enforceable outside @ this narrow band. This alternative was rejected. The third alternative involved utilizing a "two-tier" approach to boundary delineation. With this alternative, the entire Virgin [stands is considered to be within the coastal zone management area. The program goals apply throughout the Yirgin Islands. A relatively narrow band along the coastline would be differentiated from management purposes. This coastal area is the "“first-tier" and includes the coastal waters and offshore islands and cays and would be regulated through a coastal permit system and the applicable coastal policies. The "second-tier" includes the remaining inland portion of the island. Management there would be undertaken through existing environmental regulatory statutes, especially the Earth Change Law. This alternative meraes the positive asnvects of the other two options. The physiographic nature of the Virgin Islands and the coastal waters are recognized. Coastal goals and policies will be legally enforceable through existing environmental legislation and through the“ Virgin Island Coastal Zone Management Act of 1977. Those coastal areas with a stronger relationship to the coastal waters can be stringently regulated without a serious administrative burden. This alternative was chosen. 3. Alternative Areas: of Particular. Concern The alternatives considered for GAPC designations concerned the process for nomination. The first alternative entailed designations by the CZM staff af the Planning Office. This option had the positive aspect of allowing for determinations to be made by individuals in a position to fully under- stand the designation criteria, and who were familiar with the. full breath of coastal resources, problems, and issues. This approach was considered unacceptable however, because of the tack of public and governmental input and participation in the srocess. The-second alternative. was for the CZM staff, staff from the Department of Conservation: and Sat Cultural Affairs, and the members of-the Advisory Committees (attached to the Planning Office: for pro- gram development) to nominate and designate APCs. This would permit a fuller range of input into the designation process. The advisory committees and DCCA are staffed with technical/professional in- dividuals and scientists who would be cegnizant of resource utilization and problems. However, the jack of expertise concerning economic and social issues would result in a predominance of APCs derived from an anvironmental/natural resource perspective. jhe third alternative was public nominations with actual designation by the Virgin Islands Planning and incorporation into the Coastal Zone Management Program. A form for public nomination de would oe distributed to individuals on the CZM mailing list, Virgin Islands Government agency staff, Federal agencias, and distributed through the libraries, Planning Office, and Administrators Offices (see Appendix 4, Public and Governmental Involvement, Appendix B, Federal Interaction and Appendix C, Form for Nomination of Areas of Particular Concern). This alternative was selécted. ‘The nomination process provided the widest possible input from all parties affected by the development of the CZM program. Designation of APCs by the CZM staff permitted scrutiny of the nominations by those familiar with the nomination criteria, range of coastal issues and problems, and the scope of the program, Incorporation into the management program and recognition of the designation in the Virgin Islands Coastal Zone Management Act of 1977 ensure that these areas will receive special management attention. 4. Alternative Designations of Permissible Uses The alternatives for the Permissible Use element centered around the degree of detail? and specificity to be:accorded- in designating priority uses. The first alternative involved setting priorities*at a broad policy level as‘found in the section on Coastal Policies (Chapter Five). This proved too general and did not provide the guidance necessary for addressing the issues and problems (Chapter Four). The second alternative was to deal with the priority of use concept through the Priority of Use Matrix (Chapter Five). Priorities were assigned to a list of generic uses for each coastal environment. Each use was assigned a first, second, or third priority, or designated not permitted in each coastal environment. While this technique permitted a greater degree of specificity, it was not sufficient to adequately deal with many of the land use problems. The third alternative was the development of a coastal land and water use plan, where specific use priorities for the first tier of the coastal zone had been designated (see Chapter Five and the Coastal Land and Water Use Map}. Nine classes of uses were developed that span a continuum frem preservation to high intensity industrial uses. The desiqnations were assigned to the areas in the first tier of the coastal zone. Amendments to Zening Law would be utilized to implement the general coastal use categories, The use of specific zoning categories would set the final priorities for the first tier area. The alternative was a combination of the previous approachs, and this.alternative was selected. The approach recommends general goals for the entire coastal zone, sets priorities of use for coastal environments, develops a plan for general coastal land, and water uses and empioys zoning to set final pricrities. Chapter 14. Probable Adverse Environmental Effects Which Cannot Be Avoided The thrust of the Virgin Islands Program has been to accomodate economic growth and development while maintaining or enhancing the quality of the natural environment. The overall assessment is environmentally beneficial with two possible reservations. . © The program will protect and conserve some areas, while encouraging development to be intensely developed in others. Certain types of development such as non-water dependent/related commercial and higher density residential uses wil] be displaced inland. While this may place greater protection on fragile and valuable coastal resources, it may place greater stress on inland areas and result in some resource damage. However, such loss of inland resources is already occurring and the coastal zone management program represents an improvement over present land use allocations. Commercial and industrial growth will be limited to specific areas, with the result that it will be more densely concentrated. This may have the effect of concentrating pollution and other adverse affacts such as traffic congestion. However, effective and diligent implementation of the program with existing environmental laws should act to mitigate such measures. The program and subsequent regulations may reduce or restrict the usability of certain lands, thereby reducing the value of some coastal property to the property owner. The program will cause the value of other areas to increase. Chapter 15. Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Long-Term Productivity In certain instances the approval of the proposed Program will restrict local short-term uses of the environment. It will also provide a long-term assurance that the natural resources and benefits of the Virgin Islands Coastal Zone will be available for future use and enjoyment. 166 Without the implementation of the Program, intense short-term uses and gains, such as provided by piecemeal residential, industrial, and commercial development might be realized. These gains would accrue to a certain segment of the private sector. For the most part, this would result in long-term restrictions on coastal resource use and benefit because of degradation to the environment and loss of basic coastal resources, Without coastal zone management, and a rational land and water use plan, the traditional conflict between coastal resource users will continue: The Program provides a sound basis for decision making, protects the important natural systems and. directs: uses-.to-areas with natural capabilities and infrastructure capabilities to absorb. growth. As such, the Program will contribute to the long-term maintenance of the environment. Chapter 16. Irreversible or [rretrievable Committments of Resources That Would Be Involved in the Propased Action Should It 8e Implemented The approval of the Virgin Islands CZM Program will lead certain areas of the coastal zone to be intensely, and for all practical purposes, irreversibly developed. This would result in the loss of some environment resources. However, development would occur in the absence of Program approval. The CZM pregram channels this development away from fragile and important resource areas and to appropriate sites based upon land and water resource consideration. Chapter 17. Consultation and Coordination With Others See Appendix A, Public and Government Involvement, and Appendix 8, Federal Interaction.