yv (/#J$L?ifc P'-t^bj. Digitized by the Internet Archive in 2012 with funding from LYRASIS Members and Sloan Foundation http://www.archive.org/details/proposedcoastalzOOnati UNITED STATES DEPARTMENT OF COMMERCE DRAFT ENVIRONMENTAL IMPACT STATEMENT PROPOSED COASTAL ZONE MANAGEMENT PROGRAM FOR THE VIRGIN ISLANDS Prepared by: Office of Coastal Zone Management National Oceanic and Atmospheric Administration Department of Commerce 3300 Whitehaven Street, N.W. Washington, D.C. 20235 a o c D. 0) O Sumnary (X) Draft Environmental Impact Statement ( ) Final Environmental Impact Statement Department of Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Zone Manage- ment. 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. Berger or James F. Murley, Gulf/Islands Region 3300 Whitehaven Street, N.W. Washington, D. C. 20235 Phone: 202/634-4235 1. Proposed Federal approval of the Virgin Islands Coastal Management Program (x) Administrative ( ) Legislative 2. It is proposed that the Secretary of Commerce approve the Coastal Management Program application of the Virgin Islands pursuant to P. L. 92-583. Approval would permit implementation of the proposed program, allowing program administration grants to he awarded to the State, and re- quire that Federal actions be consistent with the program. 3. 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 determining coastal land and water uses and siting of facilities of national interest and will lead to in- creased long-term protection of and benefit from the State's coastal resources. 4. Alternatives considered: A. Federal - The Secretary of Commerce could delay or deny approval under the following condition: 1. If Federal agency views were not adequately considered or the program does not meet the requirements of the Coastal Zone Management Act. B. State 2. The State could withdraw the approval application and continue program development or attempt to use other sources of funding to meet the objectives of the State's management program. 3. The State could amend the coastal management program. 5, List of all Federal, State, and local agencies and other parties from vihich comments have been requested. Federal Department of Agriculture Agricultural Stabilization and Conservation Service Forest Service Soil Conservation Service Rural Electrification Administration Agriculture Research Service Department of Defense Army Corps of Fngineers Navy Air Force Department of the Interior Bureau of Land Management (public lands ] Office of Oil and Gas Bureau of Outdoor Recreation Fish end wildlife Service Geological Survey National Park Service Bureau of Reclamation Bureau of Mines Department of Transportation Coast Guard Transport and Pipeline Safety Federal Aviation Administration Federal Railroad Administration Environmental Protection Agency U.S. Water Resources Council Department of Health, Education and Welfare Public Health Service Nuclear Regulatory Commission Department of Justice Energy Research and Development Administration Federal Energy Administration Federal Pover Commission General Services Administration National Aeronautics and Space Administration (remote sensing) Advisory Council of Historic Preservation Department of Commerce Council of Environmental Quality Department of the Treasury ll State/Local Government of the Virgin Islands A-95 Clearinghouse P. 0. Box 5138 St. Thomas, V.I. 00801 Dr. Robert Dill, Director West Indies Laboratory Farleigh Dickinson University Box 401D C'sted, St. Croix, V.I.. 00820 Island Resources Foundation P. 0. Box 4187 St. Thomas, V.I. 00801 V.I. Conservation Society c/o David Grigg, President Island Resources Foundation P. 0. Box 4187 St. Thomas, V.I. 00801 Caribbean Research Institute c/o College of the Virgin Islands St. Thomas, V.I. 00801 Other Parties Mailed upon request NOTE TO REVIEWER: Please save this copy of the draft EIS as the appendices will not be included in the final EIS unless a substantial change to an appendix is made. in Table of Contents Page SUMMARY i INTRODUCTION A. Federal Coastal Zone Management Program V11 B. National Environmental Policy Act of 1969 vni C. OCZM Requirements for Program Approval 1X (Section 306) to the Virgin Islands Coastal Management Submission SECTION 1 Virgin Islands Coastal Zone Management Program PART 1 OVERVIEW CHAPTER ONE - INTRODUCTION AND OVERVIEW The Coastal Zone Management Act of 1972 1 What is Coastal Zone Management 2 Overview of the Virgin Islands CZM Program 3 Report Format 6 PART 2 CONTEXT FOR PLANNING CHAPTER TWO - STUDY PROCEDURES Coastal Zone Management Program Devel opment Process 9 Program Elements 11 Technical Work Tasks 12 Public and Governmental Involvement and Federal Interaction 14 CHAPTER THREE - CONTEXT FOR PLANNING: BACKGROUND AND SETTING Resource Setting: An Image of the Virgin Islands 17 Economic Setting 22 Present and Future Shoreline Uses 30 Public Attitudes Regarding Shoreline Use 36 Pol itical/Institutional Setting 38 CHAPTER FOUR - PROBLEMS AND ISSUES TO BE ADDRESSED BY THE COASTAL ZONE MANAGEMENT PROGRAM The Economic Boom of the 1960's and Need for Planning 53 Specific Problems and Issues 54 Short Term vs. Long Term Productivity 58 Shorel ine Access 58 Administration and Enforcement 59 iv PART 3 MANAGEMENT PROGRAM CHAPTER FIVE - DEVELOPMENT OF THE COASTAL LAND AND WATER USE PLAN Boundary Definition 63 Program Goals and Coastal Policies 69 Permissible Land and Water Uses 77 Land and Water Use PI an 86 CHAPTER SIX - SHORELINE ACCESS AND USE Background of the Problem 93 Beach Inventory 95 Options for Action 99 New Government Responsibilities 104 Further Recommendations Concerning Public Shoreline Access and Use 104 CHAPTER SEVEN - AREAS OF PARTICULAR CONCERN Site Specific Recommendations 110 St. Croix Ill St. Thomas 118 St. John 127 CHAPTER EIGHT - MECHANISMS FOR IMPLEMENTATION: ORGANIZATION AND AUTHORITIES Federal Requirements 131 Existing Management Regulations: Organization and Permit System 133 Implementation Mechanism 139 Leases or Other Authorizations 149 Federal Consistency Certification 150 Rearrangements of Legislative Regimes 150 SECTION 2 PART FOUR ENVIRONMENTAL IMPACTS CHAPTER NINE - DESCRIPTION OF PROPOSED ACTION Part 3 CHAPTER TEN - DESCRIPTION OF THE ENVIRONMENT AFFECTED Part 2 CHAPTER ELEVEN - RELATIONSHIP OF THE ACTION TO LAND USE PLANS, POLICIES AND CONTROLS FOR THE VIRGIN ISLANDS Chapter 3 and Appendix E CHAPTER TWELVE - PROBABLE IMPACT OF THE PROPOSED ACTION ON THE ENVIRONMENT 157 CHAPTER THIRTEEN - ALTERNATIVES TO THE VIRGIN ISLANDS COASTAL ZONE MANAGEMENT PROGRAM 161 CHAPTER FOURTEEN - PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED 166 CHAPTER FIFTEEN - RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY 166 CHAPTER SIXTEEN - IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES THAT WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED .. CHAPTER SEVENTEEN - CONSULTATION AND COORDINATION WITH OTHERS 167 167 PART 5 APPENDICES APPENDIX A - PUBLIC AND GOVERNMENTAL INVOLVEMENT APPENDIX B - VIRGIN ISLANDS FEDERAL INTERACTION AND THE NATIONAL INTEREST APPENDIX C - OFFSHORE ISLANDS AND CAYS APPENDIX D - NOMINATION FORM - AREAS OF PARTICULAR CONCERN APPENDIX E - COASTAL ENVIRONMENTS APPENDIX F - BEACH INVENTORY ASSESSMENT FORMS GLOSSARY BIBLIOGRAPHY ATTACHMENTS LIST OF FIGURES 2.1 CZM Program Development Process 10 3.1 The U.S. Virgin Islands , 18 3.2 Zoning Districts Attachment 3.3 Zoning Districts " 3.4 Zoning Districts " 3.5 Development Proposals 33 3.6 Existing Regulatory System ' 47 6. 1 Target Beach Areas 97 7. 1 Areas of Particular Concern 109 8. 1 Existing Organization - DCCA 133 8.2 Land And Water Use Laws and Implementing Agencies 135 8.3 Existing Permit Review Processes 137 8.4 Existing and Proposed Areas of Jurisdiction 138 8.5 Proposed Coastal Zone Permit Review Process 142 8.6 Proposed Organization - DCCA 145 8.7 Proposed Regulatory System 147 LIST OF TABLES 3.1 Chronology of Coastal Related Activities and Legislation 45 5.1 Uses/Activities Subject to Management Program 79 5.2 Priority of Uses 81 5.3 Coastal Land and Water Uses Classification System 87 ATTACHMENTS ZONING DISTRICT MAPS COASTAL ENVIRONMENTS MAPS COASTAL LAND AND WATER USE PLAN MAPS THE VIRGIN ISLANDS COASTAL ZONE MANAGEMENT ACT OF 1977 GUBERNATORIAL REVIEW AND APPROVAL vi INTRODUCTION A. The Federal Coastal Zone Management Program In response to the intense pressures upon, and because of the importance of the coastal zone of the United States, Congress passed the Coastal Zone Management Act (CZMA) (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 delegated this responsibility to the National Oceanic 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 302(a)). The statement of Congressional findings goes on to describe how competition for the utilization of coastal resources, brought on by the increased demands of population growth and economic expansion, has led to the degradation of the coastal environment, including the "loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion." The CZMA states "[t]he key to more effective protection and use of the land and water resources of the coastal zone is to encourage states to exercise their full authority over the land 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 more than local significance" (Section 302(h)). While local governments and Federal agencies are required to cooperate and participate in the development of management programs, the State level of government is given the central role and responsibility for this process. Financial assistance grants are authorized by the CZMA to provide States with the means of achieving these objectives and policies. Under Section 305, thirty coastal States which border on the Atlantic or Pacific Oceans, Gulf of Mexico, and the Great Lakes, and four U.S. territories are eligible to receive 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 developing 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 State management program, were published on November 29, 1973 (1 5CFR920). vii B. National Environmental Policy Act of 1969 Requirements On January 1, 1970, the President signed into law 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 impact 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 requirement 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 upon the premise that the environmental aspects of the coastal management program should receive significant consideration in the development of State programs. Therefore, as you read this EIS you should be aware that the State coastal management program is the core document included in its entirety supplemented by the requirements of NEPA, Section 102(2)(c). For reviewers more familiar with the NEPA requirement for content of an EIS, below is an index of where you will find this information: Description of the proposed action Chap. 5-8 Description of the environment affected Chap. 3-4 Relationship of the proposed action to Chapter 11 and land use plans, policies, and controls Appendix B for the affected area Probable impact of the proposed action on the environment Chapter 12 Alternatives to the proposed action Chapter 13 Probable adverse environmental effects which cannot be avoided Chapter 14 Relationship between local short-term uses Chapter 15 of man's environment and the maintenance and enhancement of long-term productivity Irreversible and irretrievable commitments Chapter 16 of resources that would be involved in the proposed action should it be implemented An indication of what other interests and Chapter 17 considerations of Federal policy are thought to offset the adverse environmental effects of the proposed action viii C. Relationship of OCZM Requirements for Proaram Approval (Sect.inn_3Dfi) tn the Virgin Islands Coastal Management Program Submission OCZM Requirements Virgin Islands Coastal 15 CFR Part 923, Section: Management P rogram .4(b) Problems, Issues, and Objectives Chapter 4 .5 Environmental Impact Assessment Chapter 9-17 . 11 Boundaries Chapter 5 . 12 Land and Water Uses to be Managed Chapter 5 . 13 Areas of Particular Concern Chapter 7 .14 Guidelines On Priority of Uses Chapter 8 .15 National Interest in the Siting of Facilities Not complete .16 Area Designation for Preservation and Restoration Chapter 5 .17 Local Regulations and Uses of Regional Benefit Not appl icable . 18 Shorefront Access Planning Chapter 6 .19 Energy Facility Planning Not complete .20 Shoreline Erosion Not complete .31 Means of Exerting State Control over Land and Water Uses Chapter 5 .32 Organizational Structure to Implement the Management Program Chapter 8 .33 Designation of Single Agency Chapter 8 .34 Authorities to Administer Land and Water Use, Control Development and Resolve Confl icts Chapter 8 .35 Authorities for Property Acquisition Chapter 6 .36 Techniques for Control of Land and Water Uses Chapter 8 .41 Full Participation by Relevant Bodies In Adoption of Management Program Appendix A .42 Consultation and Coordination With Other Planning Appendix A and B ix , 51 Pub! ic Hearings Appendix A and B . 52 Gubernatorial Review and Approval Attached . 53 Segmentation Not appl icable 54 Applicability of Air and Water Pollution Control Requirements Appendix B SECTION ONE Virgin Islands Coastal Zone Management Program OVERVIEW CHAPTER ONE Introduction and Overview The Coastal Zone Management Act of 1972 In recognition of the importance of coastal resources to the nation's economic and environmental well being, and of the escalating and conflicting demands for their use, Congress enacted 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 implementation of approved programs (306 Administration Grants). At the Federal level, responsibility for administering the Act has been delegated to the Office of Coastal Zone Management (OCZM) within the U. S. 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 area to be 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 permissible coastal uses are to be identified; 3. a designation and inventory of geographic areas of particular concern; 4. public and governmental involvement; 5. consultation and coordination with relevant Federal agencies, and consideration of the national interest; and 6. development of an organizational structure and legal 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 1 and/or increased access; 2. a planning process that can anticipate and manage the impacts from energy facilities in 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 is 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 the Islands. What Is 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 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 "environmental 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 is 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 coastal zone management means within the Virgin Islands context and the direction taken to date in program development. It is the goal 2 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 coastal environment; o manages the development of renewable resources to achieve optimum sustainable yield; and o 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 o protects and enhances scenic quality for the benefit of residents and tourists al ike. 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 Islands 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 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 to 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 includes 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. o 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 priority should be given to those uses that are water related. Uses that are neither water dependent or related should not be permitted in coastal areas suitable for industrial/commercial/marine facility develop- ment. o High intensity residential and non-water dependent or related development should be located inland. o 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 "clustered" to minimize the impacts. o 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. o The relatively pristine environments of offshore islands and cays, particularly in contrast to that of the developing main islands, repre- sents a natural resource unparalleled in the Virgin Islands and should be preserved. o 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. o Shoreline access and use should be assured through a series of easements and fee simple purchases, application of common law 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 Shoreline 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 all 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 includes the Open Shoreline Act, Trustland Occupancy and Alteration Control Act, Earth Chanqe Law and the Zoning Law. o The new leqislatioi should establish a streamlined permit system to assure implementation of the CZM Program. o The new permit system should be "impact oriented" with proposals beinq evaluated with respect to sitinq, aesthetic, and environmental standards. o 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 on 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 V, 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 individuals. These tasks include resource inventories and capability analysis, legal institutional analysis, attitude-value survey, economic and social needs-demand study, and a visual quality-aesthetic assessment. The methodologies and objectives of each are outlined. A full discussion of each of these special studies is being prepared as a separate technical report, or will be included in the appendix of the final draft. Efforts at Federal agency interaction and consideration of the national interest, and public and territorial governmental input are summarized in the Appendices . Chapter Three, Context for Planning : Background and Setting , is a discussion of the context in which the program was developed. It 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 historical perspective on 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 is 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 generic 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 Eight, Mechanisms for Implementation , sets forth revised 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 outlined. Part IV contains a discussion of the environmental impacts associated with the implementation of the proposed Virgin Islands Coastal Zone Management Program as required by Section 102(2) (c) of NEPA. PART V is the Appendices . This section contains Appendix A, Public and Governmental Involvement; Appendix B, Federal Interaction and the National Interest; Appendix C, a listing of Offshore Islands and Cays; Appendix D, Nomination form for Areas of Particular Concern; Appendix E, Coastal Environments; and Appendix F, Shoreline Evaluation Inventory. Included in the rear cover pocket are copies of 1) the Virgin Islands CZMA of 1977, 2) The Coastal Land and Water Use Plan Maps, 3) The Coastal Environment Maps, 4) Zoning District Maps, and 5) the Gubernatorial review and approval. CONTEXT FOR PLANNING CHAPTER TWO Study Procedures This chapter sets forth the various procedures, methods, and processes employed by the Planning Office in the development of a Coastal Zone Management Program (CZMP) for the Virqin 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 set of study procedures, the recommended CZM Program and mechanisms for implementation 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. Coastal 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 phase is identification of those elements statutorally required of every 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. 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LU DC < - D LU LL Z < CO CO O O 10 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 several 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 Th2 Office of Coastal Zone Management in the National Oceanic and Atmospheric Adminis- tration (NOAA) has promulgated regulations for the development of a 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 11 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 ; 8. 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 Work 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 economic and social needs- demand study, and 6) a visual quality-aesthetic assessment. The methods and objectives of each 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 inventoried 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 treatment facilities, land and marine recrea- tion sites, visual quality, tidal and gut flooding, and land ownership. The resource inventory is being 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 various 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. This analysis may appear as a Technical Supplement to the final plan. 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 is 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 as a whole. Interviews were conducted covering a series of questions 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 territory-wide, island- wide, and sub-island basis as well as by a variety of demographic variables. This survey is being compiled as a Technical Supplement. Economic and Social Needs-Demand Study . The identification of the present activities and uses and anticipated future needs for the coastal zone is included in the program development. The information 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 all 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 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 identify those shore areas of high aesthetic value most in need of orotection. After assessina variations in visual character, the entire shoreline was cateaorized accordina to character-tvDe. 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. Public and Governmental Involvement and Federal Interaction Federal interaction and Public Governmental Involvement have served to generate input utilized in developing permissible land and water uses, designating areas of particular concern, 14 developing site specific recommendations and a general land and water use plan, and develop- ing organizational ans authorities mechanisms for implementing the program. The full text cf these elements is found in Appendix A, and Appendix B, Federal Interaction and the National Interest. PUBLIC AND GOVERNMENTAL INVOLVEMENT The CZMA requires extensive public and governmental involvement. As a part of this effort to encourage and inform a full range of interests concerning program development, several tasks were undertaken. A mailing list of approximately 300 was compiled consisting of "affected" and other interested publics, and governmental personnel. Easily obtainable and comprehensible documents have been prepared to date. These include a brochure, an overview 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 several 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 V.I. 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 N0AA-0CZM) was adapted to the Virgin Islands context and televised locally. Representatives of the CZM program appeared on "Midweek," a weekly television talk show produced by public television and oriented toward timely or controversial issues of local importance. Three Advisory Committees were formed. A Technical Advisory Committee is a group of scientific and technical persons who provide input from their areas of expertise. An Open Beach Committee established pursuant to the V.I. Open Shorelines Act, advises on policy matters and an Interagency Coordinating Group (monthly meetings of mid-level V,I, agency personnel) has been used to disseminate information concerning program development. This document is 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 15 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 full participation. The input and involvement has 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 in 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 has also assisted in the Development of Coastal Land and Water Use Plan (Chapter Five), and Developing Mechanisms for Implementation (Chapter Eight). 16 CHAPTER 3 Context for Planning: Background and Setting This chapter will focus upon the context in which the Virgin Islands CZMP has been 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- lation 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 involved in coastal matters are identified and their responsibilities are outlined. Resource Setting: An Imageof the Virgin Islands The Virgin 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 description of the i si ands'physical setting. The U. S. Virgin Islands are composed of three main islands; St. Croix, St. Thomas, and St. John, and more than 60 smaller islands and cays. The i slands 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. John 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 Island 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. 17 FIGURE 3.1 THE US. VIRGIN ISLANDS iC=J> O 2.5 5 10 MIMS5 18 square miles to the land area. St. Thomas is approximately 12 miles long and 3 miles 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 Islands, 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 high 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 main 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. 19 INTERRELATIONSHIP BETWEEN THE MAIN ISLANDS AND REGIONAL SETTING Tortola and the other British Virgin Islands are only 1.5 miles northeast of St. John. The international boundary between the U. S. Virgin Islands and the British Virgin Islands also 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 utilized 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 very strong visual relationship between the U. S. Virgin Islands, 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, and excellent and historic harbor at Charlotte Amalie, sand beaches, and a large mangrove lagoon. The island 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 and area managed by the National Park Service, St. John presents an extraordinary scene of 20 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 mangrove 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 well as breeding grounds for endangered species like the Hawksbill 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 Islands coastal zone. Worl d record marlin catches and world famous scuba diving and snorkeling locations, such as Buck Island Reef National Monument, make the Virgin Islands Coastal Zone a resource of vast economic and recreation value. Great potential value exists in the experimental mariculture 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 been 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 desalination plants, or the ports 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 people of the Virgin Islands. Hence, developmental potential must rely on careful cultivation of coastal assets. Economic Setting The population of the Virgin Islands has tripled 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. 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 percent of all employment in the islands. 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 level, 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 22 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 hotel visitors continue to play a central role in the tourism industry; however, the relative importance of this type of tourist activity has diminished in recent years. An increased level of day-trip shopping and sightseeing by visitors from Puerto Rico and the many cruise ships which regularly call in the islands has accounted for this relative decline. In spite of some recent shifts in charter boat activity out to the territory to the nearby British Virgin Islands, this segment 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 stav in St. Thomas. In addition, the vast majority of cruise ship calls are also made to St. Thomas. In 1973, tourist expenditures in St. Thomas and St. John accounted for seventy percent of the total tourist spending in the islands. EMPLOYMENT SUMMARY Total employment in 1970 was 35,000 and by 1977 it is expected to reach 40,500. The most prominent feature of the employment situation is the large local government sector, 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 grown from about 2700 in 1965 to 5400 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 Oil and Martin Marietta Alumina. In addition to oil refining and alumina processing, 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 un-paid 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 is difficult to determine since most of these workers are self-employed or part-time only. Local estimates for covered employment (estimated 200 employees) undoubtedly understate the importance of the fishing industry in particular. There are presently about 500 licensed commercial fishermen and an additional <-50 helpers in tlr islands. The average number of days fished per month is low (5.2 days), indicating a great deal of part-time employment. The total fish catch for 1974-1975 was valued at about $1 million. In addition, an estimated 50,000 pounds of lobster was harvested from nearby waters. With the exception of several dairy and livestock operations and some small scale truck farming, trie re 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 estimated 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 population 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 tne best boating, sport fishing, and diving in the world. Harbor and waterfront areas supply 24 a variety of recreational opportunities 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, yery 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 ever 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 excellent sailing and fishing waters of the offshore cays and the British Virgin Islands, the St. Thomas boating industry has flourished. Extensive marina dovelopment has occurred in the East End, notably in the Vessup Bay and Benner Bay areas of the island. Estimated boat population in the Vessup Bay area has increased from 15 in 1962 to 105 in 1975. Increases in the Benner Bay - Lagoon Area have been more dramatic, from eight 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 in 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 locations for most of the commercial activity in the Virgin Islands. Important inland centers include the Tutu area of St. Thomas and central St. Croix. It is expected that most tourist-oriented shops will 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 limited area at Sub-Base St. Thomas is presently zoned for this type of industry. 25 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 of the port location and the existing industrial activity there, it is likely that St. Croix would be favored over St. Thomas as a location for future industrial develop- ment. Oil Refineries - The Hess Oil Virgin Islands Corporation operates a 750,000 barrel per day oil 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 (VIRC0) on a site adjacent to the Hess Complex. 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 Accommodati ens - 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. Sixty-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 for pur- chasing potable water is often a contributing factor to high operating costs. It does not seem likely that these kinds of tourist accommodations will require expansion. Smaller and less 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 V'.I. 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 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 Bay 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. The Charlotte Amalie waterfront also includes the main highway 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 reduce expansion needs. Increasing demands for both airboat and inter-island ferry facilities may require additional shoreline areas for parking, loading, etc. Agriculture 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. Territorial meat production is currently about 5 percent of total consumption. Recent studies have indicated that there is some potential for expansion 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 modest at best. Recent studies have shown that improved equipment and marketing facilities can increase the profitability of local fishermen. Shoreline uses wnich 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 fish, 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 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, on in the Smith Bay area and a large treatment plant in Bovoni in the vicinity of the Mangrove Lagoon. This latter system will 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 all three islands. The present St. Thomas land- fill site at Bovoni is near capacity and a new disposal method or site must be found soon. Similar problems exist on St. John and St. Croix. Residential Areas - Population increases have brought about dramatic changes in residential land use patterns throughout the territory. Charlotte Amalie, Cruz Bay, Christiansted, and Frederiksted continue to be important centers for commercial activity; however, their importance as residential centers has declined in recent years. Most new housing developments in the last 10 years have located 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 of 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) has grown from 5,200 inhabitants in 1960 to an estimated 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 very high prices. The topography of many coastal areas precludes their use for intensive residential development; therefore, most new housing must be located inland. 28 EXISTING 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 each zoning district. Agricultural Districts (A-l and A -2) - The primary purpose for the A-l 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 is for acres suitable for small scale agriculture such as truck farming. The minimum lot size is two acres with not more than two dewlling units per lot. Residential Low Density (R-l and R-2 ) - The minimum lot size for the R-l District is 1/2 acre. Up to two dwelling units per lot are allowed (maximum 4 dwelling units per acre). Minimum lot size requirement for the R-2 zone is 10,000 square feet with a maximum of 2 dwelling units per lot (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 is 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 B-4 ) - The business zones range from B-l , 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 liqht industrial zone (1-2). *These figures are located in the maps attachment in the back of the document. 29 Present and Future Shoreline Uses The economic and population growth that has occurred in the Virgin Islands since 1960 has resulted 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 planning 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 conditions. The present Zoning Law was enacted in 1972 (Act. No. 3284). All zoning changes or amendments require legislative and gubernatorial approval. The DeDartment of Public Works, throuah a Zonina 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 all permit applications, issues all certificates of occupancy, interprets the zoning district maps, institutes legal action to enforce the provisions of the law, and makes recommen- dations to 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 vote of the members of the Board is reauired to reverse an order to the Zonina Administrator. Appeals of decisions of the Board are taken directly to the Virgin Islands 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. 30 Industrial Districts (1-1 and 1-2) - The heavv industry zone. 1-1, includes those uses such as Hess-, Martin Marietta, and the Water and Power Authority plants. The light industry zone (1-2) encompasses a wide range of uses such as warehousing, light assembly, textile manufacturing, contracting, as well as many of the same uses permitted in the commercial district. Waterfront Districts (W-l and W-2 ) - The law establishes two waterfront districts, W-l Water- front-Pleasure and W-2 Waterfront-Industrial. The W-l 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 (W-2) permits a variety of marine-related and industrial uses. Public District (P) - 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-l and R-2). The town of Charlotte Amalie is the primary business and commercial center. 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 small W-l parcels. Excluding the Charlotte Amalie town area, shoreline zoning is characterized by exten- sive low density residential districts (R-l and R-2) with numerous smaller enclaves of medium density residential (R-3) and waterfront-pleasure (W-l). All of the offshore islands and cays are zoned R-l 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. Host of the inholdinqs are low density residential areas (R-l and R-2). For the island as a whole, about 42 percent is zoned R-l or R-2. Approximately 3 percent is zoned for medium density residential (R-3 and R-4) uses. Business uses comprise about 1 percent and waterfront-pleasure districts are 2,5 percent. Aside from a 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 low-density 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 '•n'th two-thirds of this zoned for heavy industry. The waterfront districts are about 2 percent of the total area. The W-l district makes up almost all of this total. The St. Croix coastline is 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-l Districts on St. Croix than on St. Thomas; however, the total W-l 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 both 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 which 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 projects is shown in Figure 3.5. St. Croix (1) Virgin Islands Refinery Corporation (VIRCO) . All permits have been approved for a 200,000 barrel per day petroleum refinery and a submarine pipeline ex- tending 2 miles offshore to a marine terminal. The 300 acre site is located adjacent to the Hess Oil Refinery on the south shore of St. Croix. (2) Hess Oil Virgin Islands Corporation (H0VIC) Offshore Terminal and Submarine Pipe! ine . This project consists of a crude oil terminal 2 miles offshore from the existing H0VIC Refinery and a connecting submarine pipeline. Very large crude carriers (oil 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 H0VIC between the existing Hess 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 ST. CROIX 1. Virgin Islands Refinery Corporation (VIRCO) 2. Hess Oil Virgin Island Corporation (HOVIC) Offshore Terminal and Submarine Pipeline 3. St. Croix South Shore Public Port ST. THOMAS 4. Truman Airport Improvements 5. Port Authority Crown Bay Development 6. Veterans Drive Waterfront Improvements 7. West Indian Company Ltd. Long Bay Development 8. Mangrove Lagoon Area - Waste Water Treatment Facility ST. JOHN 9. Enighed Pond - Cruz Bay 33 100,00 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. S. Army Corps of Engineers is pending. St. Thomas (4) Truman Airport Improvements . This project has been approved and construction is scheduled to commence in mid-1977. Eight and one- half million cubic yards of fill will be used to create a site for a lengthened runway and new terminal in the Li ndbergh -Brewer ' s Bay area. Completion of this project will allow the St. Thomas air- port to accommodate much larger jet aircraft than at present. (5) 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. (6) 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 portion of the harbor and some relocation of existing facilities in the vicinity of the Senate Building and Frederiksberg Point. (7) 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 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 Government. 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 fill 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 land 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. (8) Mangrove Lagoon Area - Waste Mater 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 (9) 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 to 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. 35 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. Both 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 within 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 feasibility of development options. TERRITORY-WIDE DEVELOPMENT PRIORITIES 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 across the territory tend to prefer hotel/guest house and cruiseship related development over other forms of tourism. The great majority of respondents agree that coastal recreational development 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 informatiot. 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 most frequently cited obstacles, although the lack of facilities and safety are also concerns. 36 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 heavy industry is larger than on St. Thomas or 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/guest houses 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/guest 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 to 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. 37 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 all newspaper respondents feel some shore areas need protection from over-development. Less than eight percent of those questioned are opposed 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 well 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 lesser extent, gravel or rocky beaches and saltponds 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 evolution 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 From 1917 to 1936, the Islands were governed by the Temporary Government Act of 1917. The Act vested responsibility for governing the Virgin Islands with the Department of the Navy. Essentially, it continued the Danish style colonial government by retaining the Colonial 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 legislative assembly, and granted the territory the power to control the use of all public and private properties within the territory. Subsequently, all 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 applicable to the Virgin Islands, including navigation and inspection laws. Accordingly, the Legislative Assembly was granted the power to enact navigation, boat inspection, and safety laws of local application. Those laws or portions thereof not made applicable to the Virgin Islands dealt 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 Governor, and legislative power in a unicameral legislature. The Act also extended the authority of the Governor to trans- fer administrative and management authority between territorial agencies. The Eieciive Governor Act of 1968 (P.L. 40-496) furthered self-determination for the inlands. 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. C OASTAL 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 pclicies toward resources and actions required of private enterprise, citizens, and the Government 39 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 cays. 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 "Virgin 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. Virgin 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 planning 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 its creation in 1950, the Virgin Islands Planning Board was made responsible for the preparation of a comprehensive plan to guide the future use of public and private lands. 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 existed since the enactment of the Organic Act of 1936, it was not until 1963 that any land use controls (zoning regulations) became effective. The Zoning Law established several districts throughout the islands, but it did not provide for special treatment of the coastal areas. Dispite 40 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 overall growth of the islands were ever 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 V.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 1 960 ' s and continued into the 1 970 ' s . Increasina resort and second home development took place along many beaches and much of the shoreline. Concern was expressed over the burgeoning unplanned growth and threatened loss of public 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 June of 1971. 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 line 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 onlv be issued under verv restrictive conditions. The Act also prohibits the takina 41 of sand, rock, mineral, marine growth 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 beach 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: 1. conduct a survey of shorelines to establish the boundary between public and private property, 2. 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 CZflP by the Planning Office. This committee has assumed the role of advisory committee for the CZM program development. In 1971, the Earth Change Law (Act. No. 2967) established an environmental protection program to control and eliminate soil erosion and to restr n ' :t land alteration activities which were adversely affecting the natural resources of the islands. The law encompasses all of the lands and waters comprising the watersheds of the islands and includes all land development Acts that affect changes in the condition of the watershed areas. As a result, practically all 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 is 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 requirements i hi s Act, together with the rules and regulations, comprises an important element in the environmental protection program of the Virgin Islands. Revisions in the Zoning Law passed in 1972 (Act No. 3284) made that Act one of the more 42 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 the bases 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 still 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 exceptions 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 to 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 lands 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 substantial 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. 43 Continued concern for the quality of the coastal environment of the Virgin Islands was demonstrated with the passage of the Water Pollution Cont rol Act (Act No. 1979) and the Oil Spill Prevention and Pollution Control Act (Act No. 3568). Both are administered within the Department of Conservation and Cultural Affairs. The Water Pollution Control Act, through a series of amendments, establishes a regulatory program to control pollution of the surface and underground waters of the Virgin Islands. 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 prohibits 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. Discharge of pollutants without a lawful permit is illegal, as is the conduct of a variety 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 currently permitted. Thus, not only are discharges themselves regulated, but also facilities which discharge pollutants are regulated. The Oil 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 Virgin Islands as a source of public and private recreation. Additional objectives include protection of environmental resources, preservation of natural or scenic beauty, protection of property values and maintenance of economic activities dependent on marine resources. The licensing and regulatory controls seek to prevent 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 .uch products. In addition to the regulatory controls over equipment and facilities, the Act 44 TABLE 3.1 CHRONOLOGY OF COASTAL RELATED ACTIVITIES AND LEGISLATION Colonial Law of 1906 (Denmark) 1906 Virgin Islands Purchased from Denmark 1916 Temporary Government Act 1917 Organic Act 1936 Most U.S. Laws Pertaining to Navigation 1942 made applicable to the V.I. Creation of V.I. Planning Board 1950 Revised Organic Act 1954 Zoning Established in the V.I. 1963 Elective Governor Act 1968 Islands Selected Resources Report 1968 Water Pollution Control Act 1968 Department of Conservation and Cultural Affairs 1968 Tektite I and Tektite II 1969 "Year of Ocean Development" Proclaimed 1970 V.I. and the Sea Report 1970 Virgin Islands Planning Office Established 1 ^70 Open Shoreline Act 1971 Earth Change Law 1971 Revised Zoning Law 1972 Shoreline Alteration and Dredge Control Law 1973 U.S. Government Transfers Submerged Land To 1974 Government of the Virgin Islands Oil Spill Prevention and Pollution Control Act 1974 Planning Office Initiates Development of Coastal 1974 Zone Management Program Trustland Alteration and Occupancy Control Act 1975 Bolongo Bay Litigation 1976 45 established oil 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 comprehensive land use plan for the islands, 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 of the CZMA of 1972. The history of coastal and coastal-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 Virgin 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 VIRGIN 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 responsi- bilities of these entities are outlined below. 46 CO 1- > ca RYSYS R ACTI ci O LU •— t LU < ^ cc =!g Z3 C9 u o LL. 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CJ - l3 E _ ■ i g 2 § ^o £ | « •§ £ C m o to O LU it: C LU u _l F < LU E o o3 Q. 0. < CJ c o O LL to ■n n c (A o (/) ra cc u JL [^ < a o < n < CO s o t c 2 > CC Q. CJ 2 "7F" ^_ 1- ro rr 3 CQ O o 0) F U) 1- "5 F ra CJ < oc c o O T3 co (/) ra 3 u I ) D 0) w O ra OC to 5 a c J 0) a o < CJ CC O O 47 Virgin Islands Planning Office (VIPO) VIPO has the responsibility for reviewing amendments to the Zoning Law, approving 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 flood control measures. Department of Conservation and Cultural Affairs (DCCA) 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 all public projects under the Earth Change, Submerged Lands, Open Shorelines and Oil Spill Prevention Laws. It also operate? 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 the 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 all 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 Virgin Islands 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 to the Virgin Islands, In 1972, Congress provided for a non-voting Virgin Islands 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 government agencies for the implemen- tation of territorial laws. The Governor, as the chief executive officer of the Government of the Virgin 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 Islands 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. The 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 C30 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 program 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 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. (3) 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 of any kind into the navigable waters. These discharges must be consistent with applicable effluent limitations and water quality standards. (4) 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 appropriate measures be applies in the management of flood-prone areas. (5) The National Historic Preservation Act of 196 6 requires the Advisory Council on Historic Preservation to review and comment on all Federally licensed, projects affecting a National Register property. (6) U. 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 . (7) The U. S. Department of the Interior administers the oil, 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. (8) The Fishery Conservation and Management Act of 1976 has applied in the territory of the Virgin Islands since March 1, 1977. The Federal Government will control fishing within 200 nautical miles of the territory. (9) The U. S. Coast Guard is responsible among other things for: (a) boating safety and law enforcement on the navigable waters, including the rules of the road and anchorage regulations, and Federal laws on those waters subject to the jurisdiction of the 50 U.S.; (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 oil; (d) and determining the responsibility for an oil 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. S. Department of Commerce), under the Endangered Species Act of 1973 , develop and enforce regu- lations, land acquisitions, cooperative agreements and management assistance to states having such agreements. The U. S. 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. 51 CHAPTER FOUR Problems and Issues to be Addressed by the Coastal Zone Management Program The purpose of this chapter is to outline the specific coastal problems, conflicts, and issues which have 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 1960s and Need for Planning Despite the lure of its coastal resources, the Virgin Islands remained relatively undeveloped until the late 1950' s , at which time it was "discovered" by residents of the U.S. mainland. Population and construction activity grew rapidly in the 1 960 ' s as a result of a 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 been beneficial in many ways (most 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 small island system. For example, loss 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 degraded 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 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 ethnic composition is a direct result of the large-scale economic growth. The large influx of British West Indian, Puerto Rican, and continental American immigrants has dramatically altered the traditional Virgin Islands culture. 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. W ATER QUALITY The 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. 54 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 a large 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, St. 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 ecosystems. 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. 55 USE CONFLICTS Increased economic 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, lack 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 losses are irrevocable and have contributed to declining marine productivity, as well as other coastal resource related problems. 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 Mandahl 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 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 essential not only to the maintenance of environmental quality, but also to present and future economic 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 generally the most attractive and convenient location for many types of development. As a result, uses which must be located on the shore to function face competition from non-water oriented uses. This precludes use of the area for legitimate water dependent uses, and reduces options for their siting. Displacement of Non-Coastal Dependent Activities: Scarce and expensive coastal real estate has encouraged many types of non-coastal dependent development to move inland and upland. While this does alleviate coastal development 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 coastal land and water use can not ignore 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. Development in Hazard Areas: Although no major hurricane has struck since 1932, the Virgin Islands lie in a "hurricane belt." That hurricane and others previously have had disasterous consequent r. Duildings 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 57 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 exacerbated by the increased development upland and subsequent intensification of runoff from the watersheds. Commercial and residential development has been sited on those filled lands, thereby increasing the amount of high intensity areas threatened by the consequences of dual flooding from runoff and tidal surge. Potential damages and economic losses related to development in these areas include: loss of life, replacement and rehabilitation costs, higher insurance premiums, and the costs of protective works. Short Term vs. Long Term Productivity Past experience has demonstrated that a market allocation of coastal resources will likely result in short-term economic benefits being favored over long-term economic productivity. While 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 isolation, will likely yield benefits in terms of income and employment with only minor environmental losses. The gradual, piecemeal loss of resources has not usually been recognized as an economic loss; 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 Access 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 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, but filling, 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 areas, residents who generally live within close proximity to the water frequently travel some distance to 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 Enforcement This section describes some of the obstacles to effective resolution of development-induced environmental problems. Previous attempts to resolve environmental problems have involved the establishment 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 permit as well . The Territory's system of 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 consolidate agency responsibilities. Enforcement problems are further compounded by insufficient personnel. Agencies have all too often been entrusted 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 or 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. 5 9 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 THE MANAGEMENT PROGRAM CHAPTER FIVE Development 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 of 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 development 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 guidelines which were developed as part of the management program. Boundary Definition 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 delimits 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 sea. 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 law 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)). 63 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 have the potential to impact coastal waters. The considerable amount of lands with steep slope, the large numbers of guts draining inland watersheds into coastal waters, and the associated 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 Virgin 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 have 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, exceDt those 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 tier 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: 64 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. It 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 to mitigate consequences of various land based uses. Because of these consider- ations, all of these areas have been included. Furthermore, the boundary should be drawn in such manner that their integrity and function are assured. 4. The boundary must include all of the submerged and filled lands whose jurisdiction has been transferred to the Virgin Islands Government, and administered by the Department of Conservation and Cultural Affairs under the Trustlands, Occupancy and Shoreline Alteration Act. 5. Because one intent of the CZMA is to prevent undue disruption to natural coastal ecosystems, the urbanized areas of Christiansted, Freaeriksted 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 line, or the extent of filled lands under jurisdiction of Conservation and Cultural Affairs. 6. The boundary shall include those coastal areas subject to tidal and gut flooding. 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 administrate. Therefore, the boundary has been delineated alonq cultural and administrative features in accordance with approximate biophysical criteria. Suitable features are roadways, landmarks, DroDerty lines, U S.G.S. contour lines, and uniform distances from the mean low tide mark EXTENT OF THE SEAWARD BOUNDARY The seaward extent of the coastal zone is the limit of the territorial sea or a Hi ? tance of three nautical miles from the offshore islands and cays, or the international boundary. 65 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-island 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 C?ne Garden where the 1000 foot width is resumed to Great Salt Pond. The boundary is a 500 foot band around the pond, continuing east along the south shore road. East End: 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 Christiansted 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 Salt River area where the boundary is 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 line 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 foot contour and the West End road, the boundary proceeds along that road southeast through 66 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 east 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. East 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 Vessup 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 Lovenlund Bay and the Peterborg Peninsula, the entire of which is included. The boundary then proceeds southwest following the Magens Bay Road to Drake's Seat. The boundary continues along the Louisenhoj 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 all of the "inhnldinjgs". 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 states, "if 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 all Federal lands are excluded from the coastal zone" (emphasis added). Accordingly, all Federally owned lands within the Virgin Islands are excluded from the coastal zone boundary. Lands leased or other- wise utilized by the U.S. Government are included within the coastal zone. 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 Annendix B, Virgin Islands Federal Interaction and the National Interest. Excluded Federal lands are delineated on the Coastal Land and Water Use Map. 68 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 legislation. The CZM program has analyzed these coastal related policies, 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 of the Virgin Islands 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 environ- 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 Virgin 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 legislative 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 to provide for an unrestricted access thereto to the public". Governmental policies toward the submerged lands are articulated in the Trustlands , Occupancy and Alteration Control Act (Act No. 3667, Title 12, Chapter 15, V.I.C). Here the 6 9 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 Islands. Therefore, it is encumbent 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 have received legislative attention as well. The Oil Spill Prevention and Pollution Control Act (Act No. 3538, Title 17, Chapter 12, V.I.C.) 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 use can only be served effectively by maintaining the coastal waters, estuaries, beaches and shorelines in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible 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 environment to the extent that it is now a policy 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 possible 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 of the Virgin Islands". In addition to industrial development, this legislation calls for "preservation of the environment, beauty and natural resources of the Virgin Islands;" all of which purposes and objectives a»?e 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- lature 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 development is highly significant. Thus, based upon an analysis of recent coastal 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, and likely 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 Islands CZMA). (See attachment) 1. 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 submerged and filled lands 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 has 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 enjoy 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; 6. Assure priority for coastal dependent development over other development in the coastal zone; 7. Accommodate economic development and growth in the coastal zone in a manner that protects valuable natural resources by managing the impacts of human activity so as to maintain 71 and enhance the long-term productivity of the coastal environment; 8. 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 in;erests; 9. Conserve ecologically significant resource areas for their contributions to marine productivity and value as wildlife habitats and preserve the functi en and integrity of reefs, marine meadow, salt ponds, mangroves and other significant natural areas; 10. Maintain or increase coastal water quality through erosion sedimentation, run-off, siltation and sewage discharge control measures; 11. Consolidate the existing regulatory controls applicable to uses of land and water in the coastal zone into a single unified process consistent with the Drovisions of this Act and coordinate therewith the various reaulatory entities of the unites States Govern- ment and public agencies of the Virgin Islands. COASTAL POLICIES To accomplish the coastal goals established above and evaluate existing and proposed 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 policies are action oriented statements that set forth the general management guidelines and procedures for realizing the goals of the program within the first tier of the coastal zone. The policies are grouped into three broad categories: those relatinq 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 1. 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; 2. 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 natural 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 in the applicable sections of the Virgin Islands Zoning and Subdivision Law may be made more restrictive by the Commissioner*' as applied to particular development; 3. Assure that development is so designed as to minimize risks to life and property in areas of high geologic or flooding hazard; 4. Assure that all new subdivisions, in addition to other requirements in, this chapter and requirements contained in the Virgin Islands Zoning and Subdivision Law, are physically suitable for proposed sites and are designed and improved so as to avoid causing environmental damage or problems of public health; 5. Encourage urban waterfront redevelopment and renewal in developed harbors in order to link residential neighborhoods arid commercial downtown areas with physical and visual access to the waterfront; 6. 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 have 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; 7. Encourage fishing, and carefully monitored mariculture and the controlled cultivation of the seafood harvest and, to the extent feasible, protect local fishing activities from encroachment; 8. Prohibit further dredging or filling 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, filling or dredging of coastal waters, salt ponds, lagoons, marshes or estuaries shall be permitted, in accordance with other applicable provisions of this Chapter, only where there are no feasibly less environmentally damaging alternatives, and where feasible mitigation mea- sures have been provided to minimize adverse environmental effects, and shall be limited to the followino: (i) maintenance dredqina reauired for existing naviaational channels, vessel berthinq and moorinq areas, incidental public service nurnoses, includinq, but not limited to burvinq of cables and pipes or inspection of piers and maintenance of existinq intake and outfall lines; (ii) new or expanded port, oil. qas and water transportation, and coastal dependent industrial uses, including commercial fishing * Commissioner of the Department of Conservation and Cultural Affairs facilities, cruise ships facilities, and boating facilities and marinas; (iii) mineral extraction, including sand, except in significant natural areas; (iv) restoration purposes; 9. Prevent further growth and development in high hazard areas and preserve natural buffers throughout the first tier of the coastal zone; 10. Require that all development in the first tier of the coastal zone comply with all other applicable laws, rules and regulations, standards and criteria of public agencies,. Environmental Policies 1. Conserve ecologically significant natural areas for their contributions to marine productivity and value as wildlife habitats; 2. 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 value, storm buffering capabilities, and water quality of the entire complex; 3. Preserve the function and integrity of reefs, marine meadows, salt ponds, mangroves and other natural systems; 4. Consider the use impacts to marine life and adjacent and related coastal environments when assessing recommendations for development within the coastal zone; 5. 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; 6. 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; 7. Preserve and protect the environments of offshore islands and cays; 8. Control construction in water bodies in minimize interference with water circulation and sediment transport to preserve water quality and marine productivity; 9. 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 costs and the removal of such materials 74 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; 10. Assure that dredging and disposal of dredged material will cause minimal adverse effects to marine and wildlife habitats and water circulation. 11. Protect environmentally sensitive habitat areas, especially those of endangered species, against significant disruption of habitat values; 12. Assure that development in areas adjacent to environmentally sensitive habitat areas, to significant natural areas and to parks and recreation areas is sited and designed to prevent impacts which would significantly degrade such areas; 13. Evaluate refinery and deepwater ports and sites to ensure that DroDOsed facilities and sites will cause minimum harm to the coastal environment, and to ensure that 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 well site; on-shore facilities related to such developments must not be sited where a substantial hazard to vessel traffic might result from the facility or related operations determined in consultation with appropriate Federal agencies; and the operation anu production from said developments must meet applicable water quality standards; 14. Assure all of the foregoing, development must be so designed to assure that adverse impacts on marine productivity, habitat value, storm buffering capabilities and water quality are minimized to the maximum extent feasible; be so designed as to assure structural integrity and neither create nor contribute significantly to erosion, geologic instability, sediment transport, land settlement or the environmental degradation of the site or surrounding areas; and to the maximum extent feasible, be designed, constructed, operated and maintained in a manner in which mitigates or avoids the significant negative environmental effects of the development. Said effects shall be identified in the environmental assessment form prepared for, or used in the review of, the development, or described in any other study, report, test results or comparable documents. Amenity Policies 1. Protect, and where feasible or appropriate enhance and increase public coastal recreational uses, areas and facilities; 75 2. 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; 3. Preserve agricultural land uses in the coastal zone by encouraging maintenance of its present use, or for use as open-space areas; 4. Assure that development does not encroach upon, ar adversely affect the use of public recreational areas; 5. 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; 6. Protect, foster, ensure and improve, maximum access to, and recreational opportunities at, the shoreline for all the people consistent with public rights, rights to private property owners, 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 Virgin Islands which would interfere with the right of the public individually or collectively, to use and enjoy any shoreline, as provided 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- quired through use, legislative authorization or dedication, including without limitationsj the use of beaches to the landward extent of the shoreline; 8. 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- sistent 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 public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. Nothing in this subsection shall restrict existing public access nor shall it excuse the performance of duties and responsibilities of public agencies as provided by law to acquire or provide public access to the shoreline. 76 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. All significant land alteration activities are covered by the law 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 natural assets and resources; and that improper development of land results in changes watershed conditions such as: erosion and sediment deposition on lower-lying land and in the tidal waters, increased flooding, gut 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 public 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 soil erosion and for the conservation of beaches, shorelines and the coastal zones of the Virgin Islands. Permissible Land and Water Uses The CZMA requires "a definition of what shall constitute permissible 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 specifically 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 o f direct and significant impact " (15 CFR PH3. 12(a) (1 The CZMA delegates the role of operationally defining the concept of "direct and significant" tn the states and territories. Within the context of the Virgin Islands, the following definition jas developed: 77 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 of beneficial uses of the environment, 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 small 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, littoral 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 having 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." 78 TABLE 5.1 USES/ACTIVITIES SUBJECT TO MANAGEMENT PROGRAM / COASTAL WATERS ISSUES/CHARACTERISTICS . ej TJ CD 3 CO •^ Q. c O) ■D cd o go "I ■o c : — ID c o CD CO 13 J; g C = u to — CD OJ 3 £ .E ■= c -* CO CD O C T3 O ■C = "° Z Q. to 3 CD C £ "° ° a o a> := ._ a> 5 2 !§ CO > +^ M— tj c CO CD C I CD — S 3 'JO ... £ a> >-< CD ,S TJ — c CD !5 — CD C li c = « CD CD i- TJ g O £ -O CD 3 >^ CD fc q C CO ° ■§,§ ill Q. >• O S TJ CD — CD O t OJ X to jr r h- ^ T3 CD C CO 3 £ o a. J: o n « CD CD C E E o u ^ to C CO 3 CD go XL u o o CD E *-- TO u o oo to 3 "io CD o a o TJ C CO c c oo 3 O .C CD CO c oo CD (/i 3 c o CO C VI +-» TJ CO p *j CJ CD 3 oo c oo 3 "co O c Ol c ■a c CO 1 CO O o CO CD +-» CO g CD C oo 3 XI * O c 3 TJ C "ro ■w V) co O o CO < O u c — a. OJ T3 tj c E 4-* C CO oo "co o § en H- o < 0) TS CO 00 +^ CD vt CD > o TS C TJ c TO 2 GO tj c O co CD "to C/J CD CD CC ka CO 2 CO CD CO CD CD CC CO cys GO CD M- H- Q. CD CD ■D T3 O •~ CD CD 00 a. CD CD "ai CC CD CC oo CD Q. _o a JO § § o CO CD > CD > o o CD CD CD 00 -J _l CD Q Q ■o c co o GO oo E o "D ■m CD ■^ a o o CD CD -a > c Q oo TJ CD a o CD a ■D TJ CD CD a a o o CD CD > > CD CD a a > cz O (J LU h- < O LU 00 D CC LU h- < ^ Q c Z o < CO a > TJ co c 5i O w CO a '+-» c E CD TJ 3 oo TJ CD CD CC ^ c CO o 'ZZ '^ c u CD CD TJ ■M o GO CD ai CC c CD a cc o CO CO CD LL CC CD C ■a c k. CO CO ^ c T3 CD r ■a TO c CD CO a CD a o w E E o o TJ CD •w CO GO CD CD CC '+3 -o o c CO CO LL ■w CD C CD C TJ k« C CD CO "co a. CD "co 'u CO Q 'C CD ■^ u (/> E oo CD CO 3 TJ E 3 TJ S c rS c 87 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 below: Preservation District This district comprises areas that provide valuable public 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 by a general lack of accessibility and other use constraints. Coral reefs and algal ridges have narrow tolerances to such environmental variables as temperatire, 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 have 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 to 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 88 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 is 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, boardwalks, 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 heavily 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 appropriate by the Commissioner. Residential, Medium Density District This district contains a small 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 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 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 Development 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^ 90 Water Dependent and Related Industrial-Marine Facilities District This district consists of limited areas needed to accommodate industrial uses which require direct waterfront access, such as oil ports, desal inization plants, and energy facilities Commercial - Industrial District As sufficient suitable interior sites for certain non-water dependent or related uses may not exist, certain non-water dependent or related uses will be permitted in some areas of the first tier of the coastal zone. Appropriate coastal areas, but not the immediate shoreline, have therefore been designated for 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 1-1 and 1-2 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 Eight, Mechanisms for Implementation). The islands are presently divided into 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 present zoning 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 91 adding certain uses. Accordingly, in certain instances, the Zoning Law and District Maps will 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 A - Agriculture R-l - Residential Low-Density (4. dv./ac.) R-2 - Residential Low-Density (8dv./ac.) R-3 - Residential Medium-High (80 persons/ac.) W-l - Water Commercial W-2 - Water Commercial Industrial W-3 - Water Commercial Industrial -Heavy (proposed P - Public 92 CHAPTER SIX Shoreline 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 of the Problem The importance of the shoreline to the lives of the people of the Virgin Islands is manifest. However, in the last quarter century, the patterns of 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, landfill 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 preserving and establishing the public rights in and on the shorelines of 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 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 people's right to use the shorelines and beaches, has DISTINCTLY STRONG NEGATIVE features: 1. 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. 2. 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. 3. The bill names an unnecessary committee to be made up of Government offi- cials 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 people 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 1971 94 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 line of low tide, running inland a distance of fifty (50 feet; or to the extreme seaward boundary of natural vegetation which spreads continuously inland, or to a natural barrier; whichever is the shortest distance.) While this legislation assures the citizens of the Virgin Islands of seaward access and lateral 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 public use. Because of the terrain, and the pattern of development in the islands, landward access is often a critical factor in beach use. Beach Inventory 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. The 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 evaluation of the scenic and environmental 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 example 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. 95 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. 2. 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. Beaches which offer users a choice of activities were rated more highly than "swimming only" beaches. 4. Environmental Damage Potential - At several of the beaches inventoried, the existing land use was natural open space, yery 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 access to an extensive shoreline. 6. Access - Priority attention has also been given to those areas which ranked high 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 be 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). 96 FIGURE 6.1 TARGET BEACH AREAS ST. THOMAS 1. Dorothea Beach 2. Smith Bay 3. Mueller-Vessup-Great Bay Beaches 4. Bolongo Bay ST. CROIX 1. North Christiansted Beach 2. Buccaneer Beach 3. Cheney Beach 4. Grass Point 97 St. Croix: 1. 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 here is extensively developed by condominium complexes while further inland there are numerous multi-family housing 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. 2. Buccaneer Beach Area - This sandy beach is located east of 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. 3. 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 biological 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 public use of this area. 4. Grass Point - Grass Point is located on the southeast coast west of 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. St. Thomas: 1. Dorothea Beach - The Dorothea Beach is located on the northwest shore of St. Thomas opposite the Brass Islands. This beach is lushly vegetated, highly scenic, and has an excellent view of 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 also considerable. These activities include: picnicking; tide pool walking; historical, archaeological, geological and biological interpretation; and hiking both on the shore and on adjacent uplands owned by the Government of the Virgin Islands. The area is also suitable for expanded access and parking. 2. 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 98 picnicking spot which is used 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 offshore cays. 3. Mueller- Vessup-Great Bay Beaches - Mueller Beach is located on the east end 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 largely undeveloped, with only a few scattered single family homes. Public access to these areas is poor; however, both are presently used to some extent by local 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 prime feature of these beach areas is their proximity to the growing population of the east end of St. Thomas. 4. Bolongo Bay Beach - Bolongo Bay Beach is located on the southeast shore of St. Thomas about midway between Frenchman's Reef 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 is restricted to members. It is possible to reach the beach laterally via a dirt road at the extreme western edge 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 legal doctrines which recognize that under certain circumstances, rights to land may be obtained through use and may be applied 9 9 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 so 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 he may not. The Virgin Islands Code (Title 28, Chapter 1, Section 11) statutorily defines adverse possession. The Code recognizes that exclusive actual, physical, adverse, continuous or notorious possession of 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 law doctrine and like adverse possession and prescription the key issue is that a landowner by his conduct (express or implied actions), has 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 his 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 element 2 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 a 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 recent 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 less satisfactory than others. Downing v Beid (Fla. 1958) 100 Sd. 2nd, 57,64,65 Supreme Court 2 Dietz v King 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. " 100 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 use, establishes public rights in such land without regard to the record title held by private landowners. Customary right arose in favor of the community and was strictly limited to a small geographic location. Examples of local customary rights included the right to place nets on a certain 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 3 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 recent 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 75-1242 (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 right 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 long period of time. This action has one built-in advantage. Culturally important beaches which have sustained public usage over a period 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 applicability 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 regulations. 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 block 3 State Ex Rel . Thornton V. 1 day 254, or 584,462 P. 2nd 67 (1969) 101 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, which should be satisfied in whole, or in part, by the developer. Although these requirements are usually applied in the context of parks, playgrounds, streets or drainage facilities and sometimes even schools, this rationale can be applied to providing public access to 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 clearly justifies and provides a rationale for such dedications. However, such dedications can also be required as part of a rezoning application, or grant of a conditional use or special exception permit. Although there are advantages and disadvantages to such requirements, the advantages, particularly in the Virgin Islands, are so significant that dedication requirements could be the critical factor in insuring a successful beach (or shoreline) access program. Another exercise of police power, and one currently utilized by the Virgin Islands government 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 land adjoining any 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 OF PUBLIC FUNDS Another means by which the public access can be provided to the shoreline is for the Virgin 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. 102 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 of the public to cross the beach uplands, or a specified portion thereof, to reach the shoreline. Easements may be acquired by gift, negotiation, or condemnation. Securing beach access easements assures the public or its right to use the shoreline, but allows the economic 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 estimate costs 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 public facility development are intended, there is little point in increasing public holdings of economically unproductive land. The Revised Organic Act of 1954 provides the Legislature with the authority to enact legislation providing for the condemnation of lands or interest in such lands for public purposes. There would be little doubt that a properly drawn statute that provided for condemnation of access 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 securing shoreline access is forthcoming from Section 315(2) of the CZMA Amendments, which authorizes grants for up to 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 Interior; 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. 10 3 New Government Responsibilities As hitherto unused beaches are made available to the public, the Government of the Virgin Islands 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 use 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 some additional assistance from the lifeguards. Finally, the College of the Virgin Islands employs one maintenance worker full time at Brewer's Beach which receives consistent, frequent use. These examples overstate the possible obligation of the Territorial Government for each of those crews performs activities, e.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 will require a budget of $100,000 - $150,000 per year. The introduction of the mounted patrol has been highly effective in St. Thomas in protecting 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 provision of lifeguards. At a minimum, a warning will have to be posted at each beach. Further Recommendations Concerning Public Shoreline Access and 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. 10 4 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 enforced. b. In addition to maintaining access to the sea, maximum feasible opportunity for pedestrial 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. e. Whenever possible, the purchase of access easements, rather than fee simple acquisition should be utilized. 2. The present beach inventory conducted by Conservation and Cultural Affairs should be further refined to include greater public impact. 3. 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. 4. The territorial government should absorb the necessary costs of shoreline maintenance resulting from an increase in public access and use. 105 CHAPTER SEVEN Areas of Particular Concern The CZMA, while noting the importance of the entire coastal zone, declares that certain areas are of yet greater significance. As a prerequisite to program approval, the Act requires "an inventory and designation of areas of particular concern within the coastal zone" (Section 305(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 esthetic values" (Section 306(c)(9)). The regulations further clarify the role of the areas of particular concern (APC): It should be noted that, geographic areas of particular concern are likely to encompass not only the more often cited areas of significant natural value or importance, but also, transitional or intensely developed areas where reclamation, restoration, public access, and other actions are especially needed: and those areas especially suited for intensive use or development. In addition, immediacy of need should be a major consideration in determining particular concern. (15 CFR 920.13) CRITERIA FOR APC DESIGNATION After consideration of the criteria suggested for APC designation by the regulations (15 CFR 923.13(a)), the Planning Office incorporated those that were relevant to the Virgin Islands and developed the following seven categories of areas that could be nominated as being of particular concern: 1. Significant Natural Areas - These are areas of unique, scarce, or fragile natural habitat or physical features; areas of high natural productivity; or essential 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. 2. Culturally Important Areas - These are coastal lands and waters where sites of historic and archaeological significance, cultural or traditional value, or scenic importance are located. 10 7 3. Recreation Areas - Coastal lands and waters of substantial recreational value and/or opportunity. Examples include areas well suited for public parks, beaches, boat launching 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. Developed Areas - Those urbanized or highly populated and intensively developed areas, where shoreline utilization and water uses are highly competitive or in conflict. 6. Hazard Areas - Coastal locations that, if developed, would pose a hazard because of periodic flooding, storms, erosion or land settlement. 7. Mineral Resources - Coastal areas with existing or potentially important mineral resources, particularly sand deposits for commercial extraction. 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 household 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.I. Department of Conservation and Cultural Affairs and the U.S. Fish and Wildlife Service, U.S. Department of the Interior. The second method of identifying potential APC's was a standardized form for public nomination. A copy of this form was distributed to Federal and Territorial agency personnel, legislators and citizens. Forms were also available at public libraries and at the administrator's office on each island. Each 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 P. 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 7j anc j on the attached Coastal Land and Water Use Plan maps. Section 905 of the Virgin Islands CZMA recognizes these designations. 108 FIGURE 7.1 AREAS OF PARTICULAR CONCERN • o ST. THOMAS 1. St. Thomas Harbor and Waterfront 2. Botany Bay (APR) 3. Magens Bay and Watershed 4. Mandahl Bay (APR) 5. Vessup Bay - East End 6. Mangrove Lagoon - Benner Bay (APR) ST. JOHN 1. Enighed Pond - Cruz Bay 2. Chocolate Hole - Great Cruz Bay (APR) 3. Lagoon Point - Coral Harbor (APR) ST. CROIX 1. Christiansted Waterfront 2. Southgate Pond - Cheney Bay (APR) 3. Green Cay (APR) 4. Isaac Bay - East End (APR) 5. Great Salt Pond Bay (APR) 6. Southshore Industrial Area 7. Sandy Point 8. Frederiksted Waterfront 9. Salt River - Sugar Bay (APR) 10. St. Croix Coral Reef System (APR) 109 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 Islands 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 905 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 location 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 Areas presently designated as APC's will continue to receive more detailed attention and special consideration during the planning process that VIPO 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 several notable landmarks 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 hindered or even blocked by buildings or fences. There are several small finger piers along the waterfront and the harbor is heavily 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 of the last remaining open space in the downtown waterfront is used for parking. This shoreline parking area, surrounding the Scalehouse and adjacent to Hamilton Jackson Park, restricts pedestrial movement and is incompatible with the scenic character of the National Historic Site. Several alternate parking schemes and sites have been suggested as possible remedies to this and other parking problems in the downtown area. Water quality in Christiansted Harbor has been degraded by numerous dredging activities, urban runoff, and sewage discharges. 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 111 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 Harbor. Although the cay is only 5 acres in size, it adds significant visual interest to the view from the Christiansted Waterfront. The government of the Virgin Islands owns 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 and the hotel on the cay. An endangered species of lizard, Ameiva polops is found only on Protestant Cay and Green Cay. Recommendations : It is recommended that pedestrian access to the downtown area be improved by constructing a pedestrian walk-way along the waterfront. Safe, continuous lateral movement should be provided by extending and improving the existing broadwalk westward to the limits of existing waterfront commercial development. Existing parking areas along the waterfront near the Scalehouse should be relocated to insure that the integrity of the Historic Site is maintained and that safe and adeqaute 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 scenic 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 downtown, 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 of the maritime commerce for St. Croix is handled by the limited Port Authority facilities at Gallows Bay. There is also substantial traffic in small inter-island 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 small 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 Gallows 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 112 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 recommended that the Gallows Bay area be redeveloped for recreational boating upon completion of the new Southport. New or expanded marina sites should be developed within this area. All heavy cargo operations should be relocated to the new Southport location. Adequate facilities for the small inter-island trading vessels should be maintained. The southshore of Altona Lagoon should be an area for preservation and restoration. The remaining perimeter of the 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 large area of undeveloped filled land extends westwards from the Antilles Airboat facilities to the V.I. Water and Power Authority Plant. Much of the adjacent inland area is occupied by Housing Authority developments including JFK Terrace, DeChabert, and Water Gut Homes. The Department of Conservation and Cultural Affairs has recently completed preliminary plans for "Christiansted West Waterfront Part," a large recreation complex 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 bicycle 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 developed by the Department of Conservation and Cultural Affairs. (2) SOUTHGATE POND - CHENEY BAY Southgate Pond has been divided by fill to form two separate ponds. The western portion has been opened to the sea and is the site of a limited boat anchorage. The eastern, larger pond is still an important wildlife, scenic, and educational area. Cheney Bay Beach is located between the sea 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 Brown Pelican, find mongoose free nesting habitat here. 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 Ameiva polops , is found here. 4. The visual quality of the view from shore 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 Landmarks. The CZM Program concurs with this recommendation. (4) ISSAC BAY - EAST END The extent of this APC includes all the land east of a line drawn from Isaac Point northeast to Cotton-Garden Point. This area is the driest environment on St. Croix, 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 ecology of 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 or Fairleigh Dickinson. Recommendations : Isaac Bay - East 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. -. -, , (5) GREAT SALT POND AND BAY Great Pond is the second largest salt pond in the Virgin Islands with black mangroves 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 Bay 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 fill 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 a 300 acre site on 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. b) Hess Oil Virgin Islands Corporation (H0VIC) - The 750,000 barrel per day refinery here is one of the largest in the world. The Hess Port facilities are extensive and are large enough to accommodate all conventional oil tankers. Very large Crude Carriers (VLCC's tankers larger than 200,000 DWT) use the port only after being lightered offshore near Fredericksted. A local permit for the construction of a crude oil terminal and submarine pipeline 2 miles offshore has been issued; however, Corps of Engineers approval is pending. The VLCC's would be unloaded at this offshore terminal, thus foregoing the need for lightering the tankers. New public port facilities are being constructed by H0VIC 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 is also pending. c) Martin Marietta Alumina Plant - The Martin Marietta processing operation occupies much of the former Krause Lagoon. This area has been altered extensively by dredging and filling. The company also maintains excellent port facilities here. A large dredge-spoil 115 island is located just offshore from the entrance to the Martin Marietta channel . Some fringe mangrove areas remain at the southern edge of the property. d) 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. Because of less demand, this plant was never brouqht on line and there are no plans to use this facility in the near future. The Authority is presently attempting to sell the entire plant. e) St. Croix Landfill - The Department of Public Works operates a sanitary landfill just west of the Martin Marietta property. The new landfill is located inland just north of the previously used coastal site. A government abatoir is also situated nearby. f) Wastewater Treatment 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 Bay 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 large parcel of government land which extends from the airport south to Manning Bay. There 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 oil spills along the entire south shore. The quantity of petroleum products which are presently being transported, loaded, and unloaded in the area 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 degradation of water quality which results from the massive alteration of drainage patterns, both in the immediate area of development and also run-off problems associated with upland developments. Another potential water problem for the area is that of waste discharge including chemical and thermal wastes from the industrial plants, the sewage treatment plant, and the solid waste disposal site. Recommendations : It is reconmended that special procedures be established for monitoring the environmental 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. Oil Spill contingency plans should be formulated 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 proposed submarine pipelines, should be carefully monitored to insure that undue damage does not occur. Mangrove restoration should be undertaken along the 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-salt pond system in the U.S. Virgin Islands. Sandy Point contains the longest stretches of beach in the U.S. Virgin Islands. Important onshore and offshore sand deposits are also found and endangered species of sea turtles sometimes nest on the beaches. The unusual algal mats of the Salt Pond and the exposures of beach rock are of significant education value. Recommendations : The important recreation, scenic, and wildlife value of Sandy Point and the West End Salt Pond need protection. Therefore, this area should be managed for conservation, recreation and traditional uses. (8) FREDERIKSTED The town of Frederiksted has been declining in importance as a commercial center for several years. Although some limited cruise ship facilities are available, relatively few cruise ship calls are made in the town. One large finger pier is presently in use for passenger and cargo operations; however, it can be expected that all cargo activities will be moved to the new Southport upon its completion. The pier area is often used for snorkeling and diving and is reportedly the only site in the Virgin Islands where seahorses may be observed. The downtown waterfront area is not heavily used and most of the shoreline here is occupied by part area and Fort Frederik, a National 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" (Madigan-Praeger, 1974) includes proposals designed to revitalize the Frederiksted Waterfront including expanded tourist oriented facilities and downtown redevelopment. Recommendations : The CZMP endorses the major proposals for Frederiksted as outlined in the 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 integrating of historical areas (especially Fort Frederik) into the shoreline park areas; and (c) Relocation of all cargo shipping to the Southport with any future marina construction 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 reefs 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 extends from Long Reef in Christiansted Harbor, includes the non-Federal areas of Buck Island Reef, Boiler Bay Reefs, and the Southeastern Reefs from East point to Great Pond Bay, including the well developed algal ridges of the southeast shore. Recommendations : This portion 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 the Virgin 118 Islands. The docks provide complete service for cruise 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 services. There is only one additional cruise ship docking space available in St. Thomas (the Port Authority Sub-Base pier). If docking space is not available, cruise vessels anchor in the harbor and transfer passengers to the waterfront by launch. 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 well-equipped for both sailing vessels and large power boats. A resort hotel with gift shops, restaurant, and night club is located near the marina operation. A number of 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 high, and marine productivity is low. The West Indian Company has expressed interest in expansion 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 fill 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 from the 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 to the water quality of the harbor. It is recommendec 3 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 b) 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 route for the island. Traditionally, the beach area near Pearson Gardens and the docking facilities near the Legislature 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. Both residents and visitors often experience difficulty in crossing Veteran's Drive in order to reach the glass bottom boats, island trading vessels and other waterfront markets. Recommendations : Future development 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 contrerce 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 physical and visual access to the waterfront is enhanced, not hindered. Safety measures such as crosswalks should be utilized to insure safe and adequate access to the waterfront. c) FRENCHTOWN AND VICINITY 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 is 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. 120 Recommendations : It is recommended that the waterfront area of Frenchtown and vicinity be maintained in its present use. Continued attention to congestion and safety problems in the marine area is warranted. d) CROWN BAY The Crown Bay area, extending from the sand- fill near Aspinall School to the former submarine base piers, is among the most heavily developed areas of the St. Thomas waterfront. The shoreline uses in this area range from container ship facilities to derelict ship and auto dumping. The sand-fill area south of Wayne Aspinall School 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 pool, 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. Remnants of other piers are present; however, 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 Island of St. Thomas. This is a suitable site for future expansion of public cargo and passenger handling facilities. Presently the entire area is adversely affected by traffic congestion, inadequate public services, refuse dumping and general disrepair and poor 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 locations will become much more intense over time. The Port Authority has recently completed a detailed study outlining possible redevelopment options for 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 for 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 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. e) 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 recommended 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 by the desalinization plants should be protected from industrial pollution. f) HASSEL ISLAND Hassel Island is a small offshore island (139 acres) which is a resource 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 preserve the visual integrity of 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. g) 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 Islands CZMP. 122 Based upon the findings of the Federal consultation-coordination element 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 island 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 development does 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. (2) 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 historic, 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 archaelogic and historic sites should be protected from degradation and serve as an outdoor classroom for students. The basic natural character of both the terrestrial and marine portions of this site should be protected. (3) 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 feet wide and over two miles long - it is also one of the most significant recreation resources of St. Thomas. The entire viewshed is one of 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" of 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 is a resource worthy of special management. Recommendati ons : Viewshed/Watershed Management - The viewshed (the area of Lerkenlund, Misgunst, Canaan, Lovelund and Peterborg Peninsula) from 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 development 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. Improvement of Public Access to the Beach and Park - Magens is difficult to reach without a car. 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, high energy wave action, dangerous sailing, and inaccessible location 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 (5) VESSUP BAY - EAST END The future development of Vessup Bay, Red Hook and eastern St. Thomas are 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 ferry dock all are located in or adjacent to Vessup Bay. Many hotels and condominiums are also located on the east end of St. Thomas. Because of its proximity to the excellent sailing areas of St. John, the British Virgin Islands, and Sir Francis Drake's Passage, Vessup 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 heavy use of Vessup 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. (6) 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. Benner 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 encouraging 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 recommendations set forth in the "Permissible Land and Water Uses" section of Chapter Five should be stringently enforced in the Mangrove Lagoon area (for more detailed information, See VTCZM , Marine Environments , 1977) . A portion of the Mangrove Lagoon area should be preserved. The proposed boundary of the mangrove preservation zone is as follows: A line from the coastal road through parcel number one, to the northeast point of Bovoni Cay shall divide the mangrove preservation zone frcm the area of permitted marina development. Land to the wast of this line will be within the mangrove preservation zone (this boundary approximates the line dividing the present W-l zone from P zone on the zoning map) . 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 Bay 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 permitted contingent upon an environmental impact assessment. Ancillary marina facilities (e.g. , parking, boat cleaning, solid waste disposal, fueling) has had significant impact on the water quality of the entire bay. Therefore, careful attention should be given to the impacts of fueling, runoff, and other related activities. A public dock should be constructed and marina owners should be encouraged to construct public facilities in return for various tax concessions. Those who moor boats within the preservation area, and who cannot afford commercial docking space, should be given first priority in relocating to any new public docks. A similar proposal for a preservation zone is advocated by Grigg, van Eepoel , and Brody in "Water Quality and Environmental Status of Benner Bay-Mangrove Lagoon," Water Pollution Report No. 10, Caribbean Research Institute, April 1971. 126 Watershed management of Turpentine Ron gut and other water courses is needed to protect the water quality of both the Lagoon and Benner Bay. ST. JOHf ;i) 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 proposals 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 utilize the Port 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 proposed master plan suggested by the Port Authority be enforsed. 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 docking 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 Cruz Bay can better accommodate taxis and tour buses. 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 be given high priority during construction of any proposed improvements. Strong erosion and drainage control measures must be taken to replace the salt pond's function as a sediment trap. 127 (2) 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 Chocolate 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. Recommendati ons : Generally, the policies 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 done in such a manner as to minimize environmental and visual impacts. (3) 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 Point 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 long fringe reef, mangroves, lagoon and salt pond can all easily be observed. Fishing, swimming and snorkeling can be enjoyed 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 ecology such as the role of the shoreline by healthy 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 designated 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. 128 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.I. 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. It is strongly recarmended 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 reconmended that development in the upland watersheds adjacent to Lagoon 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. 129 CHAPTER EIGHT Mechanisms For Implementation Organization and Authorities This chapter presents the mechanisms for implementing the management program and discusses the organization 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 established 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 provisions, Section 30G of the CZMA requires that a single agency must be designated as a "lead" agency to receive and 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 of 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. 131 -a c CD •^ < "to < CO INI r- * . y o CO < *-» LU n CO cc cc -» _> n 03 CS C/3 LU co o 2 o 1— CO o X 4-» LU c E *-* w CO a. 03 o > O o cc LU z o CO CO o o 2 o +■< 0> c LL E re 3 8. CB C n: re t fl S CO CO re ^ LL 0) s- 4- ™ o 2 CO re 0) c o O 3 £ <£ 3 O ai c E = Q. -o o ™ © i. u •-co ~ 2i *- 2 o S. O O 3 ~ CO -I JTI 3 .* i re Q. H- re o 0) C o n ^ CC > "O c u •* E -2 re S 2 ■= O) J- O) ._ 3 a) S ^ o CO CC 0. re < n o ■o B CO -i re c re m 0) a 3 O CO 132 Existing Management Regulations: Organization and Permit System In the Virgin Islands there exists a considerable base of authority to implement a coastal zone management program (see Chapter Three - The Setting ) . The authority for the existing regulatory 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 problem is not the lack of adequate laws 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 followed in granting, modifying or revoking permits are vague, and frequently raise questions of whether they provide due process of law 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 laws 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 below (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 all 133 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 crops, 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 regulating development activities in coastal land and water areas. The function of BSLM is to pro- vide for the control and use of shorelines, submerged and filled lands and to provide for environmental protection of all lands and water areas. BSLM administers programs pursuant to the Open Shorelines Act, the Trustlands Occupancy Act, the Earth Change Law, and the Oil Spill Prevention and Control Act. Accordingly, it administers a permit system for the shoreline 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 involving any land alterations. BSLM is responsible for reviewing permit applications for activities on submerged or filled lands, dredging and mining operations, and issuing licenses for oil 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 all coastal and inland areas are administered by the Planning Office. VICD approves and issues Earth change permits for all private projects. 134 FIGURE 8.2 LAND AND WATER USE LAWS AND IMPLEMENTING AGENCIES X - Primary Responsibility - Limited Involvement ZONING ADMINISTRATION BUILDING CODE HARBOR CONTROLS (MARITIME) EARTH CHANGE (LAND ALTERATION) OPEN SHORELINES TRUSTLANDS OCCUPANCY & ALTERATION CONTROL (SUBMERGED & FILLED LANDS) HISTORIC PRESERVATION (DISTRICTS) LAND SUBDIVISION FLOOD CONTROL MEASURES AIR and WATER QUALITY POLLUTION CONTROL FISH and WILDLIFE and BOATING CUTTING OR REMOVAL OF TREES ADJACENT TO WATERCOURSES OIL SPILL PREVENTION GOV. V.I. P.O. V.I.P.A. P.W.D. CCA. & LEG. c.D. X X X X X X X X X X X X X X X X V.I. P.O. - Virgin Islands Planning Office V.I.P.A. - Virgin Islands Port Authority P.W.D. - Department of Public Works CCA. - Department of Conservation & Cultural Affairs GOV. & LEG. - Governor and Legislature C.D. - Conservation District 135 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 all 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 Control Act, approvals granted under the Open Shorelines Act and permits issued under the Earth Change Law. 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 also required from the Division of Natural Resources Management. This permit is issued for construction or operation of facilities that emit pollutants into the air pursuant to the Clean Air Amendments of 1970. A U. S. Army Corps of Engineers permit is required for (a) the disposal of 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 in 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 permit program and the appropriate Corps permit. 1 36 LU > CO no h- ii i I> rr CL D a LU Q. o ■■* 3.Q ; >o < 2. CO X j 5 DC o a i ^ uo o I? uj Q CC 2 3 < CD -J 137 FIGURE 8 4 AREAS OF JURISDICTION EXISTING 50' LINE OR LINE LOW TIDE OF VEGETATION PROPOSED TERRITORIAL SEA INLAND BOUNDARY LOW TIDE (FIRST TIER) 138 TERRITORIAL SEA The Department of the Interior is responsible for the administration of the territorial submerged lands with respect to oil, gas, and other mineral resources, excluding coral, sand, and gravel pursuant to Public Law 93-435, 1974. Implementation 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, resolve 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. Accordingly, all authority for implementation of the program will be vested in an agency at the territorial level . Overview 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 development activities within the first tier. The system will be administered through the Department of Conservation and Cultural Affairs with each proposed project evaluated on an individual basis. There will be two types of permits: Minor and Major. The Commissioner 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 39 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 all 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 public and private projects within the first tier of the coastal zone. Earth Change permits for all private 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 DCCA, 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 merged and incorporated as provisions of the CZP. The use permit administered by the Department of Public Works under the Zoning Law i thin the first tier of the Coastal Zone is 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 w Discharge Permit when one of these permits is required for a coastal zone activity, or when Federal consistency certification is required. The procedure for 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, All of the implementation pro- cedures and authorities are described in detail in the following sections. Types of Permits and Excluded Activities Specific guidelines for determining the type of permit required should be promulgated by 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 to be completely conducted landward of the line 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 less 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 parcel of record on the effective date of this chapter; or c) the development consists of one or more structures valued in their entirety at less 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 ($56,000); or e) 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 trie extraction of certain materials or any materials from certain areas. 1.41 N O O LU > LU LU < H LU LO 00 oc io 2 a i Li. LU *£ o N CO < O 55 o o O CJ — > 5 r r-> *: 8 a o < *; c o to to +^ CI) ra Tl U u yv £ o 3 _ 10 O C CO O (0 > to —1 E * 8 i « > a) g a> -Q O _l °--l 3 3 < 0- f" ._ to +^ m „ o .2 g < E- £ -s E> <0 ^TT C O sj J: o CO s< F a> £ > n> 01 C c o OCil >F" -> o .0 — 'en a a, < D £2 O co tt 3 O CO O to u Q "C LO C/J >* Q T o ^ u. CO a> 5 CO O) 0) to C > Q ai u OT DC o o < CO O "^ "7T Qj >J* CO X >< Q o c - to S. 2. ~7FT .2, £ 2 a. .2 5 * « S ti ■2 £ H i .S|e£ E ™ ** £ 0> to £ Q to o O ^ -> — to a > Q. f0 --> CO to o a a "2J to 01 TJ < > to a a. to O CO a < CO 3 Lf) ■a >* +^ c to _J J to 11 3 « a E O 3 f> — QJ co C 0) to > o o 3 a O a O to CO o 3 tl) E CO 3 ai ai 3 .c to Q- 11 E ro Q) CO > "D O C C3 .2 <- J o i O) +* £ s .1 | g J o = - - 2 to ai to ■S J 1 O to g O) '> a> ~ CC to > £ £ o .£ c E = s c c re "S c < E X s V. and Certification of Compliance (Federal)* / « all. .— o Q 5 > JO 0) O. Q CO CO UJ cc < N z < rr O CO rr < cc D r- _l D O Q Z < z o 09 ** > a> ._ ro si ■q ro t 3 -t to O m "i i) o — C .— Silt a g| M 5 -a a. c h- < > cc »_ LU 0) c to o c o z in o £ E CJ > ILL, (J o o 1- z UJ cc < a. UJ Q 8.SS O O 0) .± Q. 2 Q CO £ a> 4- M- C c u O (D c N h o 01 ro Ol ro > ra c a O o m CQ Environ- mental Programs >ion of Resources gement Divi Natural Mana Bureau of Fish and Wildlife u c 3 CD r V) o o c n < > > E 3 ro XI 3 a> 0) Q c/> 3 3 CQ _1 s '43 O „_ ro -5 ° £ - .2 "O GO CO +■» E <" o -o .C c |_ ro ■o X- C c O o ro qj 2 » ro q, £ 1 aj Si ro .— 3 8 O) o CQ CC O < a. 145 Cultural Affairs will consult private organizations and persons who have expressed an interest in a project in order to solicit their information, opinions, 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 has 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 all major coastal zone permits and variances based on specific findings of fact in support of stated conclusions relative to the objectives and policies of the CZMP. The 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 nas the 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 is 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), -j-j- nas been designated as the aqency 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 CO LLI cc 10 CO LU a < cc LU Q Z < a S-S c c CD (O a — u .£ » 2 E SI 8 o E S c E CD O) < N to CO cc o 2^ S o o .□ CJ 3 a. a Q. CD u ta c o F a «j c o 1- u < o > c CM o3 cd T3 E o o o ■p ■o CD T3 ^ C N CD (_) E E O F a; o Q- .— CD u 0) -L h ■o c ta c o N 0) Q § "cO c o CD cc E c CI) "D a CC O < o C "D z o c o r- c o 01 ■& CM ^=3 <<* > cc 15 i- O ~ a. "> til < CO CM 2- o> •- .c 00 u. u n?1 CO +"* 2 U. o< o o| O _i ll < CO E cu fi'S O CC ■D C cc O c C '£ i g s •D E C "- CO ai w 0- co o F <2 < o 2 a E cu a CD t- 2 O 3 3 C o .£ o o o3 qj CD s c o 2 CD +- "CD O .E cu § I S 5) — a> E CD CD CD CD r CD CJ ■a CD CO * CC CD o c c trt 3 g o o N E CO CD o _ 2 _J ** t« OL o c .2 O r- 00 D 0L c o CO CO O o CD on c LL fc o CD O <-> T> O .{S 0- ■- T3 C z o CO CO 1 c f CD en .Si = 1- j= .2 — oo ■D < ■D C CM 2, = -S co -n LU c a, CM LL c 'c o C 1c CO •J5j c O o CD < ? CJ » CD O E CD 31 LL o a. Q zrr < "E d So CO ». a, £ E g o O -D 5 9- ca — 3 TJ JC CM 14 7 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 Rules and Regulations. All major and minor permits will be issued by the Commissioner. The Commissioner will be empowered to issue, deny or modify all 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 regulations, guidelines, standards, procedures 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 responsible for all enforcement actions arising from the implementation of the permit system. DIVISION OF COASTAL ZONE MANAGEMENT The present Bureau of Shoreline and Land Management within the Division of Natural Resources Management will be redesignated as the Division of CZM (DCZM) and be vested with the primary responsibilities for the administration of the CZMP. The major 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 Bureau of Enforcement will be created within the DCZM to enforce all 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 will be represented by the Attorney General or his designated legal representative within the Department of Conservation and Cultural Affairs. This authority is 148 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 aggrieved 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 (VIPO) 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 lands 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 Gnvprnnr nr Legislature for filled and submerged lands. 14 9 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 all 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 programs have been and recommendations proposed to establish clear policies, legal authorities and criteria necessary for program implementation. The following changes in existing legislation and organization have been made: (1) The Virgin Islands Ccastal Zone Management Act of 1977 has been enacted. It 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 306( c ) f 1 ^ 1 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 provisions for all Earth Change permits in the first tier of the coastal zone to be issued by DCCA 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 applyinq 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 public access. 150 (3) The Zoning Law will be amended to reflect the CLWUP and has been amended to provide 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 permitted uses, if a development activity cannot be so designed to avoid detrimental environmental impacts. 151 SECTION TWO Virgin Islands Coastal Zone Management Program Environmental Impacts Appendices Glossary Bibliography Environmental Impacts PART I3T Virgin Islands Coastal Zone Management Program Environmental Impacts Chapter 9. Description of the Proposed Action see Part Three the Management Program: Chapter Five, Development of a Coastal Land and Water Use Plan. Chapter Six, Shoreline Access. Chapter Seven, Areas of Particular Concern. Chapter Eight, Mechanisms for Implementation. Chapter 10. Description of the Environment Affected see Part Two , Context for Planning: Chapter Three, Context for Planning: Background and Setting. Chapter Four, Issues and Problems Chapter 11. Relationship of the Action to Land Use Plans, Policies and Controls for the Virgin Islands see Chapter Three , Context for Planning (Development Proposals), and Appendix B , Virgin Islands Federal Interaction (Coordination with other Planning) 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 assess the impact of various types of activities on a series of coastal environments (see Chapter Two, Study Procedures ) . A Technical Advisory Committee (TAC) was established 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 Islands Program is essentially composed 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 land and water use plan (see Chapter Five) is a graphic representation of the policies. The purpose of the permit 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) emphasize 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. Because 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 environment, 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 plays 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 15 7 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 natural buffers will also be preserved. Substantial public investment savings and increased efficiency in the delivery of public services will result. Costly extensions of public utilities and transportation services will be discouraged. Facilities and services can be provided at lower cost. The value of property in existing developed areas will 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 tnese 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 resources. 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 will 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 water 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 will 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 also 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 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 in a 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, Virgin Islands Code . This law applies 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 siltation and sedimentation will be attenuated and their vital natural functions 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 of 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 develop- 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 a growing island are consistent with resource capabilities. Construction shou'M he prohibited 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 least 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 im- provement of coastal water quality and adherence to federal standards. The maintenance and creation of waterfront parks will be acknowledged as a priority use of urban waterfronts, thereby setting policy for the emerging Territorial Park System. The guidelines 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. 159 The most significant impact of the guidelines for mangroves is the preservation of the two last 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 carefully controlled and monitored. These actions will result in maintenance of these important marine resource areas. As a result marine productivity will be maintained or enhanced (see Appendix E and El). Habitat for wide variety of fish and wildlife will be maintained. Habitat for species as the White-crowned Pigeon (Columba eurocepholus) and the rare and endangered Brown Pelican (Leleconus accidentalis) will be preserved. The preservation of mangroves will have a positive impact upon the entire spectrum of marine resources. The high quality of adjacent coastal waters, reefs, grass, beds, will in part be assured by the maintenance of mangrove areas which trap silt, debris, and ameliorate other consequences of 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 result in the maintenance of high water quality and other marine resources that are intolerant to sedimentation and siltation. 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 sunlight, 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 stabil i zing effects. The guidelines toward sand bottoms address the use of these areas will 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. The 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 ecological 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 will afford nesting and habitat areas for a number of wildlife species, some of which are rare and en- dangered or near being so. 160 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 of this process consists of thousands of pages. Any attempt in this environmental impact statement to reconsider all policy and programmatic alternatives would only repeat the detailed record which the Virgin Islands have already compiled. Normally, 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 been made. This is not to say that changes 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 alternatives, 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 "[tjhe 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 Islands 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 the 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 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 CZMP, tnere are no studies or plans to implement ary comprehensive land use regulations for the Virgin Islands. There are no Dlans to reevaluate the existinq zoninq or sub-division regulations 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 spill contingency, enforcement 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 Conservation 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 (DPW) presently administers the Zoning Law, and as such has experience in the arena of land use regulations. DPW is also involved in the enforcement of the Earth Change Law. , , ~ 16 2 The same lack of a sufficiently broad purview that exists with the Planning Office alternative exists with the DPW (see Chapter Three, Context for Planning , Political Institutional Setting, and Chapter Eight, Mechanisms for Implementation ). 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 super-agency and the existing coastal management related programs of DCCA would be inferior to the intra-agency 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, staff, and experience in administering the present coastal regulatory authorities made this alternative preferrable. Furthermore, DCCA also administers related coastal legislation in terms of boating 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 the Bureau of Shoreline and Land Management, Department of Conservation and Cultural Affairs, was considered as an alternative. Presently, a permit is issued for submerged 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 Public 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 second 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 DCCA. 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. Tne overwhelming positive aspects of this alter- native lead to its selection as the recommendation. 16 3 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 several 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 inland areas and would artifically divide the natural 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 Islands is considered to be within the coastal zone management area. The program goals apply throughout the Virgin Islands. A relatively narrow band alOTg 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 Chanqe Law. This alternative merqes the Dositive asnects 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. 164 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 of 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 lack of public and governmental input and participation in the process. The second alternative was for the CZM staff, staff from the Department of Conservation and 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 cognizant of resource utilization and problems. However, the lack of expertise concerning economic and social issues would result in a predominance of APCs derived from an environmental/natural resource perspective. The 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 would be distributed to individuals on the CZM mailing list, Virgin Islands Government agency staff, Federal agencies, and distributed through the libraries, Planning Office, and Administrators Offices (see Appendix A, Public and Governmental Involvement, Appendix B, Federal Interaction and Appendix C, Form for Nomination of Areas of Particular Concern). This alternative was selected. 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). 16 5 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 from preservation to high intensity industrial uses. The designations were assigned to the areas in the first tier of the coastal zone. Amendments to Zoning 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 f° r the entire coastal zone, sets priorities of use for coastal environments, develops a plan for general coastal land, and water uses and employs zoning to set final priorities. 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 will 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 affects 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. 16 6 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 becaust 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 Irretrievable Committments of Resources That Would Be Involved in the Proposed Action Should It Be 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 program 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 In volvement, and Appendix B, Federal Interaction. 167 APPENDICES APPENDIX A Public and Governmental Involvement Section 303 (d) of the CZM Act declares that it is national policy to encourage the participation of the public, of Federal, state and local governments, and of re- gional agencies in the development of coastal zone management programs. This policy is further elaborated in Section 306(c) (1) which requires that an approvable management program must have been developed with the opportunity of full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port author- ities, and other interested parties, public and private .... The 306 approval regulations interpret these state- ments of policy: It is the intent of these requirements for coor- dination with government and private bodies to assure that the state, in developing its manage- ment program, is aware of the full array of in- terests represented by such organizations, that opportunity for participation was provided, and that adequate consultation and cooperation with such bodies has taken place and will continue in the future. (Section 923.30) Furthermore, the state must indicate that it has notified and provided an opportunity for full participation in the development of its management program to all public and private agencies and organizations which are liable to be affected by, or may have a direct interest in the management program. A-l Opportunity For Full Particpation As part of the effort to encourage and inform a full range of interests concerning program develop- ment a comprehensive mailing list has been compiled consisting of both "affected" and other interested publics and agencies. Moreover, each Virgin Islands and Federal agency director was requested to desig- nate a contact person for CZM to adequately insure participation and information dissemination. These individuals were recipients of all the various re- ports and documents indicated below. A mailing list was developed consisting of ap- proximately 500 individuals and groups in the Terri- tory. The list consists of persons and groups con- cerned with conservation, industrial development, boating, the use of coastal resources in general, and other civic oriented causes. The "opportunity for full participation" has been assured by the dissemination of several inform- ative, easily obtainable and comprehensible docu- ments. A brochure, "Coastal Resources: Our Future", was made available to the general public (distrib- uted to libraries and each island's administrator's office) and sent to the mailing list. The text of the brochure addresses such issues as the possible consequences of the program and public involvement. An overview of the CZMA requirements and the ap- proach to coastal zone management taken by the Vir^ gin Islands was explained in an informational publi- cation "Virgin Islands Coastal Zone Management: An Overview of the Planning Process". Copies were sent to Virgin Islands agency contacts, the Technical Ad- visory Committee, and the Open Beaches Committee. A form for Public Nomination of Areas of Partic- ular Concern (Appendix D) was developed. This form summarized the APC designation process and requested nominations. It was distributed to the mailing list, and made available at the Planning Office, public libraries, and at the offices of the administrators of St. Thomas, St. John, and St. Croix. Articles concerning the program have been placed in special newsletters published by the Department A* 2 of Conservation and Cultural Affairs, the League of League Voters, and the diving associations. To aid in ascertaining public attitudes and val- ues toward the various coastal resources and issues, a random household survey was undertaken on all three islands and in conjunction with social science classes at the College of the Virgin Islands. The purpose of the survey was to indicate public values and perceptions towards the coastal zone and its management (See Chapter Two, Study Procedures, and the Technical Supplement). Media Presentation The newspapers were utilized to inform the public of the general progress and status of the management plan development through a series of approximately fifteen articles and press releases related to CZM. Topics included a general explanation of the planning process and approach, the issuance and availability of the brochure and APC nomination forms, and an- nouncements of upcoming surveys and results. Radio and Television public service announcements were similarly employed. A newspaper survey "The V.I. Coast — What Do You Think?" was published in all Virgin Islands newspa- pers: The Daily News , Virgin Islands Post , St. Croix Avis , and the Mirror . The survey sought public input concerning utilization and location of coastal areas, for shoreline development. An explanatory article accompanied the survey and the public was asked to respond by sending the survey to the Planning Office. A film, "It's Your Coast", (made available by OCZM — NOAA) was aired on public television as part of a series on land and water use planning. An ac- companying introduction and epilogue explored V.I. coastal resource problems, and the coastal zone man- agement program and opportunities for public involve- ment . Representatives of the CZM program appeared on "Midweek", a weekly television talk show produced by public television and oriented toward timely or con- troversial issues of local importance. A- 3 A monthly coastal zone management newsletter, "Sea-Words" was initiated in February 1977. The purpose of the newsletter is to apprise the general public of the continuing development of the program. The newsletter is distributed via the CZM mailing list, the islands' administrators' offices, the pub- lic libraries, and Planning Office. Advisory Committees To benefit from the varied expertise and back- grounds of the residents of the Virgin Islands, sev- eral forums were employed as advisory committees during the development of the management program. TECHNICAL ADVISORY COMMITTEE A technical advisory committee was formed to act in a consultive role with respect to the technical/ scientific aspects of plan development. The format of the Committee is flexible and informal, with the emphasis on each member reviewing and advising on those particular aspects relevant to his area of ex- pertise. The functions of the committee are basical- ly fourfold: 1. Identify information sources 2. Evaluate accuracy of data 3. Aid in establishing evaluation criteria for the capability analysis, permissible use analysis and areas of particular concern 4. A general review (for the scientific validity and accuracy) of the Planning Office analysis and management alternatives. The constituency of the TAC was designed to draw upon knowledge of the private business and governmental sectors. The following is a list indicating the indi- viduals, affiliation and position: A'4 Member Affiliation Position Mr. James Riddle Dr. Arthur Dammann National Park Service, St. John, Virgin Islands Department of Conservation and Cultural Affairs Park Administrator Director, Bureau of Fish and Wildlife Dr. Frank Mills Dr. Salvatore Forenza College of the Virgin Islands College of the Virgin Islands Professor of Geography Professor of Marine Biology Mr. Robert Teytaud Dr. Robert Dill Mr. William Saalman Department of Conservation and Cultural Affairs West Indies Laboratory, Fairleigh Dickinson Uni- versity, St. Croix, V.I. Soil Conservation Service, U.S.D.A. Natural Resources Manager Director of Laboratory Soil Conservationist Mr. Henry Wheat ly Frenchman's Reef Hotel, St. Thomas, Virgin Islands Public Relations OPEN BEACH COMMITTEE Pursuant to the Open Shorelines Act (3063) , an Open Beach Committee has been established. Because they have several overlapping tasks with the CZM program, one of the Committee's roles has become that of advisor to the program. The status of the CZMP is regularly presented to the Open Beach Committee, where goal artd policy guid- ance are provided. The individuals on the Open Beach Committee include: 1. Mr. Virdin Brown, Commissioner, Department of Conservation and Cultural Affairs 2. Mr. Gordon Finch, Commissioner of Public Works 3. Mr. Verne Hodge, Attorney General 4. Mr. Thomas Blake, Director of Planning 5. Dr. Norwell Harrigan, Director, Caribbean Re- search Institute, College of the Virgin Islands 6. Senator Lloyd Williams 7. Senator Alexander Moorehead 8. Dr. Robert Dill, Director, West Indies Laboratories 9. Mr. Ariel Melchior, Jr., Publisher, Daily News A- 5 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES OFFICE OF THE GOVERNOR VIRGIN ISLANDS PLANNING OFFICE P. O. Box 2606 Charlotte Amalie, St. Thomas, V.I. 00301 June 8, 1977 OPEN LETTER TO FROM RE All Interested Groups and Residents Virgin Islands Planning Office - Coastal Zone Management Program Participation in the Coastal Zone Program This letter is to inform you that the Preliminary Coastal Zone Management Program will be availab.le for your review on June 8, 1977, at the Planning Offices "St. Thomas and St. Croix", and at the Public Libraries on all three Islands. Prior to the formal public hearing later this month, you or representatives from your group are invited to attend the following informal meetings so that the Planning Office can receive your views of the CZM Program at the earliest possible date: WEDNESDAY - JUNE 15 - 8:00 P.M. SENATE BUILDING CONFERENCE ROOM CONTENTMENT ROAD - C'STED, ST. CROIX THURSDAY - JUNE 16 - 8:00 P.M. PLANNING OFFICE - SUBBASE WAPA BUILDING - 2ND FLOOR, ST. THOMAS In addition, the staff ofthe CZM program will be available to meet with your group between June 9~2^. The Public Hearings on the CZM Program will be held: JUNE 27 - ST. THOMAS JUNE 28 - ST. JOHN JUNE 29 - ST. CROIX JUNE 30 - ST. CROIX THE SHERATON HOTEL AT 8:00 P.M. JULIUS E. SPRAUVE SCHOOL AT 7:00 P-M. JUANITA F. GARDINE SCHOOL AT 8:00 P.M. (C'STED) ALEXANDER HENDERSON SCHOOL AT 8:00 P.M. (F'STED) SC :om A- 6 VOL.1. COASTAL ZONE MANAGEMENT VIRGIN ISLANDS PLANNING OFFICE P.O. BOX 2606 ST. THOMAS, U.S. VIRGIN ISLANDS 00801 U.S. POSTAGE PAID Charlotts Amalia Virgin lilandi Parmit No. 15 ZIP Cod* 00801 NQ2 SEA-WORDS MARCH 1977 G.7-M. PROGRAM SCHEDULE REVISED A revised Coastal Zone llirage.TEnt program schedule is being developed as a result of unforseen delays. Because of the comprehensive naturj of the coastal zone yjxyjzm, initial governnental agency review will take laager than anticipated. .^ucsequent to government agency review the Governor will review the entire pro- r;^'-. Eased on the ccensnts reosivad thus far and on continuing ref inenaents by the staff a public draft is uc.v being prepared. it ia expected that the new I 3 a = 5' Sis S3 C i I «•:?££*■'..• .<.:. .- ■■■: ■"• ■• CO H H X O > CO c co < 30 O 2 CO r- > z u CO o o CO o O 2 X z M tO en r 2 > en r? %m SBf.' ■■*i*. c .»\Jr; Coastal Resources Our Future - 1 A- 9 CZM COASTAL ZONE MANAGEMENT VIRGIN ISLANDS PLANNING OFFICE P.O. BOX 2606 ST. THOMAS. US. VIRGIN ISLANDS 00801 PUBLIC SUMMARY WHAT WILL COASTAL ZONE MANAGEMENT MEAN TO YOU? THE PERMIT PROCEDURES FOR DEVELOPMENT WILL BE STREAM- LINED AND SIMPLIFIED AND MORE CAREFULLY MONITORED THE CZM PROGRAM WILL UTILIZE FEDERAL FUNDS TO ENFORCE AND ADMINISTER COASTAL LAWS WATERFRONT MARKETS. FISHING. AND OTHER TRADITIONAL USES WILL BE PROTECTED THE CZM PROGRAM WILL PROTECT AND IMPROVE EXISTING BEACH AREAS AND INCREASE ACCESS TO SHORELINES PRESERVATION OF OPEN SPACE AND VALUABLE NATURAL RESOURCES ENSURES FUTURE ENVIRONMENTAL AND ECONOMIC WELL BEING PLANNING OFFICE SEEKS PUBLIC REVIEW AND COMMENT After more than two years in preparation, the Planning Office is pleased to present the preliminary Coastal Zone Management Program for public review and comment. The purpose of this summary is to introduce the most sig- nificant aspects of the larger report just released. Copies of the full report, along with color maps, can be reviewed in the Public Libraries, the Administrator's Offices and the Planning Offices on St. Croix and St. Thomas. PUBLIC REVIEW IS NEEDED The Coastal Zone Management Program has reached the point where the technical tasks are nearing comple- tion. It is now up to you, the public, to carefully review the CZM Program and to submit your comments directly to the Planning Office or through a series of informal meetings scheduled to begin in mid-June. Four formal public hearings will be held in late June (see schedule, page 4). I Oce, Tiosphene Adrr I by ORIGIN OF THE PROGRAM In 1972, the U.S. Congress passed the Coastal Zone Management Act enabling states and territories to develop and implement management programs "...to achieve wise use of the land and water resources of the coastal zone." Of the 33 states and territories that are participating in the national program, the Virgin Islands is expected to be the third to receive management funds. , US Depai t oICo A- 10 INTERAGENCY COORDINATING GROUP The Interagency Conference is comprised of mid- level V.I. Government agency personnel who meet monthly to exchange information about programs of mutual interest. The forum is hosted by the Plan- ning Office. The conference was used by CZM as an additional means of informing and receiving in- put from agency personnel. Public Meetings In an effort to incorporate public input and feedback concerning program development , informal meetings and formal public hearings have been held. These meetings have been focused on groups and property owners with special interests and the general public. Meetings have been held with representatives of the League of Women Voters, diving associations, marine operators and owners, the Conservation Society, the Chamber of Commerce, various homeowner associations, and the Boards of Realtors. Open informal hearings were held June 15, in St. Croix and June 16, in St. Thomas. Formal public hearings were held June 27-30 (see attached "Open Letter") . Public input into the management program will con- tinue. Both informal meetings and formal public hearings will be held in connection with the development of Rules and Regulations pursuant to the Virgin Islands CZMA and the amendments to the Zoning Law. A- 11 APPENDIX B Virgin Islands Federal Interaction and the National Interest The CZMA sets forth a new relationship between the Federal agencies and coastal States/Territories with approved programs. One of the major thrusts of the Act is to institute comprehensive management programs that achieve internal consistency. As a requirement of the Act, Federal agency activities, developments, and assistance must be consistent with provisions of an approved management program. Federal Coordination and Consultation Section 302(h) of the CZMA finds that a national goal should be "to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in coopera tion with Federal and local governments . . . in de- veloping land and water use programs for the coastal zone." Furthermore, section 303(c) states that "for all Federal agencies engaged in programs affecting the coastal zone to cooperate and participate with state and local governments and regional agencies in effectuating the purpose of this title." The Federal agencies are to assume key responsi- bility for communicating agency and national views. Section 307 of the Act states "the Secretary shall consult with, cooperate with and, to the maximum ex- tent practicable, coordinate his activities with other interested Federal agencies" and demonstrate that "the views of Federal agencies principally af- fected by this program have been adequately consid- ered" (307 (b) ) . The Virgin Islands is required to demonstrate that it "has developed and adopted a B-l management program for its coastal zone in accord- ance with rules and regulations promulgated by the Secretary after notice and with the opportunity of full participation by relevant Federal agencies" (306 (c) (1) ). All relevant Federal agencies have been for- mally contacted and offered the opportunity for full participation in the development of the man- agement plan. The following is a list of those agencies with which consultation and coordination has been undertaken. U.S. Department of the Interior Office of the Secretary Geological Survey Bureau of Mines National Park Service Bureau of Land Management Bureau of Outdoor Recreation Fish and Wildlife Service Environmental Protection Agency U.S. Department of Health, Education & Welfare U.S. Department of Commerce National Oceanic and Atmospheric Admin istrat ion National Marine Fisheries Service Maritime Administration Economic Development Administration U.S. Department of Transportation Office of the Secretary U.S. Coast Guard Energy Research and Development Administration Federal Power Commission U.S. Department of Agriculture Soil Conservation Service Forest Service Department of Housing and Urban Development B»2 Federal Energy Administration General Services Administration Department of Defense Department of the Air Force Army Corps of Engineers Department of the Navy On a number of occasions Federal input has been sought. In January of 1976 each Agency was contacted and requested to designate a CZM liaison and state their "interest" in the development of the Virgin Islands coastal zone management program. In July 1976 each agency was sent a form for nominating ar- eas of particular concern ( Appendix D) and requested to participate in the process. An informal working discussion draft of the VICZM program was distrib- uted in December 1976. Each designated contact was sent the appropriate number of copies and requested to comment. Those comments have been incorporated into this draft and represent a further effort at informal coordination. Consideration of the Federal agency views is demonstrated in the sections on Goals and Objec- tives, Management Recommendations, and represented in the coastal land and water use plan, and by the exclusion of Federal lands from the coastal zone boundary. To date there has been no serious dispute or disagreement with any Federal agency. Consultation and Coordination with Other Planning Activities Section 307(f) requires that the Virgin Islands has "coordinated its program with local, areawide, and interstate plans applicable to areas within the coastal zone existing on January 1 of the year in which the state's management program is submitted to the Secretary," (many of which are guided and supported by interested Federal agencies, e.g. HUD, EPA, DOT, BOR, 923.32). B-3 Because the Virgin Islands has only one level of government, no areawide or local agencies and, therefore, no areawide or local plans exist. All "local" governmental planning occurs at the Terri- torial level. The process and mechanism for V.I. governmental input alluded to in Appendix a assures coordination and consultation during program devel- opment with those territorial agencies guided and supported by Federal agencies. Furthermore, many of those Federal concerns are represented by the various divisions of the Department of Conservation and Cultural Affairs (e.g. BOR, EPA) , the agency recommended for implementation. The Virgin Islands is presently participating in the Section 208 program of the Federal Water Pollution Control Act Amendments of 1972. The pro- gram is being conducted within the Division of Nat- ural Resources, Department of Conservation and Cul- tural Affairs and is being coordinated with the CZM program . Pursuant to the agreement between HUD and OCZM for coordination of planning and 701 regulations (24 CFR, section 600.15 (d) (4)), these activities are being coordinated in that both programs are be- ing developed simultaneously within the Virgin Is- lands Planning Office. Moreover, the approved coastal zone plan is to be adopted as the land and water use plan for the Virgin Islands coastal zone and incorporated into the HUD land use element, the Territory's comprehensive land use plan. Presently, the Virgin Islands is participating in the National Flood Insurance Program under the Department of Housing and Urban Development under emergency provisions. Flood prone areas to be studied by the Federal Insurance Administration have been designated by the Planning Office and as that information becomes available, the program will be amended, and regulations applying to flood prone areas revised as necessary. Coordination with other planning is discussed in Chapter Seven , Areas of Part icular Conce rn under the site specific recommendations. A complete list of the proposed activities existing as of January 1, including the proposed airport expansions on St. Thomas and St. Croix (Port Authority) and various federally funded projects under the Department of Public Works, will appear in the 306 Submissions document . B-4 Incorporation of Water Pollution and Air Pollution Control Acts Section 307(f) requires that "any requirement established by the Federal Water Pollution Control Act, as amended, shall be incorporated in any pro- gram developed pursuant to this title and shall meet the water pollution control and air pollution control requirements applicable to such program." It is acknowledged that the coastal zone man- agement program incorporates federal air and water pollution control requirements, that they are over- riding, and all uses in the coastal zone are contin- gent on the non-violation of these standards, and that the maintenance of standards and desired water uses is contingent on supporting land uses and land use controls. Furthermore, air and water quality considerations were of paramount importance in de- fining permissible uses and designating priorities as well as developing recommendations and a general land and water use plan pursuant to the Joint EPA / OCZM Coordination Principles of 9/24/75 . Responsibility for implementation of the water and air pollution requirements is vested in the Department of Conservation and Cultural Affairs, Division of Natural Resources. Close cooperation has existed with that Department and Division in the development of the CZM program. National Interest Section 306(c) (8) of the CZM Act requires that "the management program provides for adequate con- sideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature." The require- ment is intended to assure that national concerns over facility siting are expressed and dealt with in the development and implementation of the coastal zone management program. Consideration of these B»5 requirements and fac and distinct element grated into the othe The interests of tion are represented merit of Public Works to date with any fed of Federal views, as cooperation process, guidance in consider tional security has Table I, Considerati indicates the requir federal agency. Within the conte eral Federal agencie onstrated to be in t worthy of such indie ilities need not be a separate of the plan, and may be inte- r aspects of the program, the Department of Transporta- by the Virgin Islands Depart- There has been no conflict eral entities. The solicitation part of the consultation and represent the most significant ing the national interest. Na- been of the utmost importance. on of the National Interest, ement, associated facility, and xt of the Virgin Islands, sev- s and activities have been dem- he "national interest" and are at ion : 1. Lands administered by th Service include the Virg Park on St. John and Bu Monument, St. Croix. 2. Buck Island, St. Thomas the Fish and Wildlife Se ment of the Interior as ary . 3. A formal position paper value of mangrove stands bed areas by the Fish an indicates that preservat is also within the purvi inter e s t . 4. Underwater range activit ment of the Navy off the Croix as well as the Nav Mountain, St. Thomas. 5. The petroleum refining a Oil Virgin Islands Corpo Croix consists of a 750, capacity, representing a percent of the crude oil United States. The Virg Corporation (VIRCO) is a proved refinery to be lo that will have a 200,000 capacity. These refiner sufficiently extensive t within the purview of th e National Park in Islands National ck Island National is j-o administered by rvice, U.S. Depart- a wildlife sanctu- ( Appendix E_) on the and marine grass d Wildlife Service ion of these areas ew of the national ies of the Depart- west coast of St. y property on Crown ctivities of Hess ration (HOVIC) , St. 000 barrels per day pproximately five refined in the in Islands Refinery proposed and ap- cated in St. Croix barrels per day y operations are o be considered e national interest B-6 01 cn < c & o u 3 C 4-1 > V * ■H •r| ■H o » ■H C < in P 0) K 1 > ■rl 01 CM « ii Q< c o IT) ^1 ■P o +J rH u H •H s rt 01 10 •rl f-l c <: 4-) ■b 10 > Ul z > ifl 01 sh (U >H u u H cv u m b a) tfl in o CD c 0) 10 u c 01 0) 01 E a, u ■rl 13 in C c U) cn 01 •0 Cn •rl 01 oi > , o> to ■P Q a) M fa u 4-> 4-1 -rl M 4J o 01 ■rl 01 fa C •rl C 0> id IT) Ifl 4-1 3 r0 10 <4H > > S n - ■H w 3 Vh 0) (0 cn > r-i -rl u u - s to >. o> C C O 4J Sh Z c U a, rH ai 3 c S a) c 4J cn H 0) 13 w cn 13 > w CI) •H •rl ■P ■rl fa Ml CO o H ■H C - Sh 0) 4-1 4-1 Ul C c 0) rH c < •H -rl co rH -P tO c a M-l U It) 10 id ■H «. 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The national interest as articulated by the Federal agencies and interest groups, has been a considera- tion and is represented in the delineation of a coastal zone boundary, permissible and priority uses and recommendations for coastal environments; designation of areas of particular concern and site specific recommendations; the general land and water use designations^ and general mechanisms for implementing the program No restrictive or arbitrary designations have been made. Future consideration is assured by the mechan- ism for continued consultation and coordination as part of the Federal consistency provisions. Federal Consistency Provisions One of the results of the CZMA is closer cooperation between the various Federal agencies and the Virgin Islands. The language of the Act assures that a number of Federal activities must be consistent with the approved management program. The final Virgin Islands consistency provisions will be issued pursuant to the final rules and regulations issued by the Office of Coastal Zone Management. The language of the Act provides for a different treatment of various Federal activities. Federal activities including development projects which directly affect the coastal zone of a state v/ith an approved management program must be undertaken in a manner, to the maximum extent prac- ticable, consistent with such program. Each Federal agency must provide the Bureau of Coastal Management with notifica- tion of such activities and the Federal agency's determination with respect to consistency. The notification must be accom- panied by adequate information to support the Federal agency's determination (Section 307(c) (1) and (2)). Because of the limited number of Federal activities and projects in the Virgin Islands, direct notification by the Federal agencies to the Division of Coastal Zone Management is the preferred method of notification. B-8 Non-Federal applicants for Federal licenses or permits to conduct an activity affecting land or water uses in the coastal zone must submit a certification statement to the Division of Coastal Zone Management (DCZM) indicating that the proposed activity will be consistent with the program. The certification statements must be accompanied by sufficient information to support the applicant's consistency determination. The Federal license or permit may not be issued by the Federal agency if the coastal management agency objects to the appli- cant's certification statement, unless the objection is over- turned on an appeal to the Secretary of Commerce because the activity is consistent with the objections of the Act, or is in the interest of national security (Section 307 (c) (3) (A)). Table II lists the licenses and permits that are to be consid- ered subject to the consistency provisions and will require certification of compliance. The issuance of a coastal zone permit by DCZM will indicate compliance with the program. Applicants submitting exploration, development or production plans to the' Secretary of the Interior pursuant to the require- ments of the Outer Continental Shelf Lands Act, and regulations thereunder, shall, with respect to any exploration, develop- ment or production described in such plan and affecting any land use or water use in the coastal zone, submit to DCZM a copy of such plan accompanied by a certification statement that each activity which is described in detail in such plan will be carried out in a manner consistent with the CZM program. The certification statement must be accompanied by necessary data and information to support the applicant's certification statement. Federal licenses and permits described in detail in such plans shall not be issued by the Federal agency if the DCZM objects to the applicant's certification statement, unless the objection is overturned on an appeal to the Sec- retary of Commerce (See 307(c) (3) (B) ) . Local applications submitted for Federal Assistance for an activity affecting the coastal zone shall go through the A-95 notification and review process to permit DCZM to review the consistency of the proposed Federal assistance activity. If DCZM objects to the proposed Federal assistance action, the Federal agency may not approve the assistance application, unless the objection is overturned on an appeal to the Secretary of Commerce (Section 307 (d) ) . B-9 Significant reciprocal obligations exist with respect to the consistency provisions. While the Federal agencies must consider impacts to the coastal zone, the Virgin Islands must consider the national interest as it pertains to national security, the mission of the various relevant Federal agencies and the siting of energy facilities. The Federal agency determination of which projects directly affect the coastal zone and comply with the program shall be based upon an evaluation of the pro- ject and/or activity and compliance in relation to the adopted policies, general land and water use plan, zon- ing, and standards and criteria promulgated by the Division of CZM pursuant to the program adoption. If the action is a major Federal action as determined by the National Environmental Policy Act of 1969, the Environmental Im- pact Statement should be utilized as criteria. DCZM would like the opportunity to review the statement or assessment at the early stage in plan development. EXCLUDED FEDERAL LAND The following is an inventory of "excluded Federal lands". This list contains those lands that have been identified as being owned by some entity of the Federal government (See Coastal Land and Water Use Map) . Those Federal activities and development projects, licenses and permits, exploration, development or production plans, and Federal assistance that occur on excluded Federal lands but will have a "spill over" impact on the coastal zone are also covered by the consistency regulations. ST. THOMAS, FEDERAL LANDS Buck Island Interior, Fish and Wildlife Service Wildlife Preserve 35.5 acres Coast Guard Light Station 6 acres B-10 Water Island Interior , Dept . of Territories National Park Dock and Headquarters S. Shore Vessup Bay Interior ,N . P . S . National Park Service Housing Wintberg Crown Mountain Radar Site Defense Dept., U.S. Navy St. Thomas Coast Guard Station King's Wharf, Charlotte Amalie Post Office, Charlotte Amalie Federal Building, Charlotte Amalie District Court Building 491 acres 6 acres 9 acre s 7 . 16 acres ST. JOHN, FEDERAL LAND St. John National Park (acreage does not include Park Service Submerged Land) Dept. of Interior , National Park Service 6,235 acres ST. CROIX, FEDERAL LAND Chr ist ian s ted National Historic Site Dept. of Interior, Park Service include s Government House Scale House & Parking Fort Chr ist iansvaern Hamilton Jackson Park Customs House Steeple Building West India Warehouse Ham's Bluff Light Station Dept. of Transportation ,U . S .C . G . Buck Island (acreage does not include Federal Submerged Land) Dept. of Interior , National Park Service 16.5 acres 181 acres B- 11 TABLE II: Federal Licenses and Permits Subject to Certification for Consistency Within the Virgin islands, the following Federal agency licenses and permits will be subject to the cer- tification process for consistency with the management program under Section 306(c)(3) if the activity being licensed or permitted affects land or water uses in the coastal zone: Department of Defense - U.S. Army Corps of Engineers : o Permits and licenses required under Sections 9, 10, and 11 of the Rivers and Harbors Act of 1899. o Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972. o Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of 1972 and amendments. Nuclear Regulatory Commission : o Permits and licenses required for siting and oper- ation of nuclear power plants. Environmental Protection Agency : o Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control Act of 1972 and amendments. o Permits and applications under the Clean Air Act of 1970 as amended. Department of Transportation - U.S. Coast Guard : o Permits for construction of bridges under 33 USC 401, 491-507 and 5-5-534. o Permits for deepwater ports under the Deepwater Port Act of 1974 (P.L. 93-627) Department of Transportation - Federal Aviation Administration o Permits for operation of airports. Department of Agriculture : o Permits for water plants, dams, canals, etc., under 16 USC 497. o Permits for construction of hotels, etc., on National Forestry Service lands under 16 USC 497. B-12 Department of Commerce - Office of Coastal Zone Management and National Marine Fisheries Service: o Permits within Marine Sanctuaries under 33 USC 1401-1444. o Permits for taking or importing marine mammals under 16 USC 1374. 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Box 2606 St. Thomas, Virgin Islands 00801 V. Tha Njoot*J Oc«p nautuon, US. Oapcrtrrwni of Co ^ UJL POSTAGE PAID Ch*rtor» AmaJi* Virrn l»l*nd« Ptrmtt No. 15 ZIP Cod* 0O801 D-l sn M ■0 •a 0) .* CO c c u CO 03 (S c E 01 1 m ^ o C CO CO o CO -rl c TJ ■H c o n: C 01 o 0) CD ■H -H a. a o 4-1 co CO a; 0* o> TJ c Cl c 3 Dl > en CO -H D. CO -rl 10 o> 5 a) o r-( tj 0- CD a) M > x: o u 0) H TJ o C TJ -H i-H -- ( «W a» rj -H ra CO J= >w 3 E 1 X. o ^ o CO c CO o ■H c CI -H c 3 o M CO -rl CO -H c CD 4-1 O o CD u 0) 01 N 11 a en ■O U a) TJ o X c C u 10 H ■H <0 a ll O en < LU DC < o X 0- < CC o o LU o LL. o C/) LU Q. > LU O z o o CC < _J ID o h- cc 2 S I ai O o Xj >< XI 01 OJ TO (0 r-l C E- rH O 1 C »4-l JJ o ■H O M ■POP u. CJ W 01 CJ >. ri lM ra ... 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C O -U ^H —I t4 U C OJ CJ O U >, JJ C Cl ro U U a : o> o f-t s n 4J > «! 0. ■X CO t-i U) jz (a 3 m © Ci" 1 & c -H 03 is a>. 01 XI flircrarcrao'Doi C < C 10 rH JJ o to oi c ro N XI tj c > -h d - r 0) O 01 Dl a -H TJ C ^| sa o O 4-1 H rH CJ rl : in oi ra o -H > C 01 rl 01 rji TJ oi co •n x; 3 "I >, XI rH O 01 xl oi x: oi o o 3 oi ro c -H 01 co £ to -H ro u o O ra o to u U-I U C U 1 o rl TJ -rt M a u V f0 O •H Co C JJ -rl to n Cl, JJ H J oi C 3 o > o o D J-J J3 - X. ro XI 01 C r-1 1-. u •*-! >, a. H E ro to 01 a o y*-i •i O ^H w U 3 -U O CJ 1-1 -H ir-t jj T3 QJ (L " < LU LU 3 g o CO => CL a 01 rH E r> 3 "H O 6 5-2 D-2 COMMENTS (eg. problems related to aevelopment use) RECOMMENDATIONS (what should be done with the area) s^s-tv soanosaa "[BjaufW BBS-IV PvTBZBH SBS-ty psdoxaA3(i 8B3JV 'iUB^aoduii /ixiBan^xno si3a.iv I^-in^BM ^ubotjtu2tS LOCATION Island Estate Street • m CM CO • D~ 3 (OPTIONAL) NAME: AFFLIATION: ADDRESS: I would 1JJCJ9 to ncxninate more areas, please send additional forma. FIRST CLASS PERMIT NO. 55 V.I. 0CB01 BUSIN ESS REPLY MAIL NO POSTAGE STAMP NECESSARY IF MAILED iN THE UNITEO STATES POSTAGE WILL BE PAID BY COASTAL ZONE MANAGEMENT VIRGIN ISLANDS PLANNING OFFICE P.O. Box 2606 St. Thomas, Virgin Island* 0C801 D-4 APPENDIX E Coastal Environments The al envi dition , their b locatio vironme coastal "Marine Ecology by the of the folio ronmen the s iophys n of e nt Map envir Envir of St. Caribb Virgin wing ts f igni ical ach s . onme onme Cro ean Isl is ound f ica cha type More nt c nt s ix" Rese ands a de in nt u ract can det an b of t and arch scrip the V se co er ist be f ailed e fou he Vi the s Inst t ion irgi nstr ics ound des nd i rgin erie itut of t n Isl aints are o on t cr ipt n sue Isla s of e of he ma ands . pose utlin he Co ions h rep nds" , publi the C jor coast- In ad- d by ed. The astal En- of each orts as " Geology cations ollege Steep Relief/ Rocky Shores Steep slopes ( comprise a large p coastline. Extens cur on the S. West along the North We most of the promon Steep rocky sh posed rock cliffs or boulder strewn or nonexistent on tected slopes and slopes >20%) with rocky shores roportion of the Virgin Islands ive stretches of this coastline oc- and North sides of St. Thomas , st side of St. Croix , and along tories of St. John. ores occur in various forms: as ex- and bluffs, to jagged promontories coastlines. Vegetation is sparse windward slopes, to dense on pro- guts . E-l Rocky shores are often exposed to windward wave action, making it a difficult environment for marine animal life. Algae, however, can grow well in this environment free from predation of fishes, conchs and turtles. On less exposed rocky shores the hard substrate provides a good base for the development of coral. In the "Splash zone", sea urchins, small fish, oysters, whelks and other mollusks can be found. Steep slopes have moderate to severe suscepti- bility to erosion causing subsequent siltation and sedimentation of marine environments, when adjacent to low energy areas (leeward sides). There is a high vulnerability to visual intrusions from site preparation activities, building height and design, and road cuts. Steep slopes generally lack amena- bility to either large scale development, or high intensity uses requiring extensive site coverage. Rocky shores are generally areas of high wave energy and turbulence. This activity keeps the water well mixed and aerated, discouraging silta- tion. Water turbulence and movement make rocky shores relatively well suited to receive treated effluents, but the outfall should be some distance offshore. Wind and ocean exposure, and rock and coral bottom turbulence, preclude safe boating and anchorage along these areas on windward sides of the islands. Low Relief /Rocky Shores hs^ M2r~r % fW> |! : '|_ |'!i|i ! 'ii'MiM/i'i|fi|in Low Relief/Rocky shorelines (slopes 0-20%) are found extensively along the South and West coasts of St. Croix, and the east end of St. Thomas and only on scattered areas of St. John. Low Relief/Rocky shores are comprised of gentle to moderately sloping terrain with any of several E-2 types of r but sheer of St. Cro gently slo lands . Low re istics and lief categ may be mor in the win Developmen back from Low re moderate e mentation ducted. E relief are rect conta relief sho utilized f ocky shoreline. These may vary from low limestone bluffs or "beach rock" typical ix, to cobble and boulder beaches or ping rock faces found on all three is- lief use ory . e vu dier t on the lief rosi if s rosi as h ct w reli or a sho con Ho lner , mo the erod sho on a ite on i ave ith nes gric relin strai wever able re ex lime able res a nd ma prepa s par a cla wave and a ultur es are nts to , some to dev posed stone cliff re gen y caus ration ticula y loam action d j acen al pur simila those low re elopmen and sen bluffs face . erally e silta is not rly an cover Many t lands poses . r in character- of the high re- lief shoreline t particularly sitive areas, should be set subject to tion and sedi- properly con- issue when low and are in di- of the low are currently Salt Ponds Salt three ma islands Salt Pon numerous the coas Most bay, tha These ar terrelat der stood pollutan cation b tion as material ponds are found in islands and o and cays. Major d, and West End smaller salt po tlines of St. Th salt ponds are t have been clos eas contain spec ed in a complex The ponds con ts than surround etween upland wa buffer zones and s from runoff. in low lyin n several of salt ponds Salt Pond on nds found sc omas and St. remnant bays ed by reef o ialized and ecology that tain higher ing waters , tersheds and sumps to tr Besides this g areas on all the smaller are the Great St. Croix, with attered along John . or parts of a r mangrove growth. limited biota in- is not fully un- concentrat ions of and in their lo- the bays, func- ap and receive function as a E-3 natural catchment and settling basin, salt ponds are characterized by: 1. Highly variable salinity, depending on rainfall and influences from the ocean. 2. Good habitat and feeding areas for certain en- dangered species of wading birds and other wildlife. 3. High susceptibility to physical alteration. 4. Biota limited to few organisms which are tolerant of high and changeable salinity. 5. Development Restrictions: sediment unstable for foundations, pilings are almost always required; and fine, toxic sediments that can be dangerous to adjac- ent marine biota if released. Beach Beaches are found in abundance on all three major islands and on many of the larger offshore islands and cays. Usually beaches form at the end of bays and coves where sand can accumulate. A major excep- tion occurs on the Southwest end of St. Croix where sand sediments are deposited due to "littoral drift" forming the large spit of Sandy Point. Beach sediments are highly mobile, and therefore beaches are constantly changing their form in re- sponse to differing levels of wind and wave action. The shifting sands and crashing waves also make it a very difficult environment for plant and animal life with colonization occurring above and below the influence of wave action. Most Virgin Islands beaches are undergoing the constant process of erosion and deposition. Erosion rates are generally greatest on exposed windward coasts especially where the rate of sand supply from coral reefs is low. Beaches on windward coasts are generally narrow and less stable than on leeward coasts inasmuch as they are affected by seasonal changes in wave direction and wave height created by "northerners" and passing hurricanes. Beaches serve as a buffer zone protecting prop- erty from wave action. Instead of eroding coastal property, the beach has the ability to re-shape it- self to the changing physical forces and thus to assimilate wave energy. E-4 Beaches ser use. Residents swimming, picni white sand beac the "most beaut worthy of prese Beaches are trusions. They of clearing veg impacts from ro susceptible to able resource t are highly susc as vegetation r development of height . ve as a pop recreate a eking, and h is rated iful" of al rvation . highly vul are highly etation, bu ad cuts and change . Be o tourists eptible to emoval, roa inappropria ular area for recreational t the beach engaging in "liming". The undeveloped by the general public as 1 coastal areas, and most nerable to aesthetic in- sensitive to the impact ilding scale and height, foundations, and highly cause beaches are a valu- and natives alike, they aesthetic intrusions such d cuts and ill planned te setback, scale and Rock Submerged rock outcrops and dead patches of reef adjacent to the land masses of the major islands and cays constitute this category. Examples of rock in- clude the areas adjacent to the northeast shore of Hassel Island and the bottom off of Ram Head, St. John. "Rock" as a coastal environment is characterized by high energy wave action creating harsh conditions for most life except algae. On the Coastal Environ- ments Map only Rock bottoms in shallow waters are identified. Hard bottoms of rubble, coral and rock are found in abundance in both shallow and deeper waters of all three islands. A diversity of plants and animals (hard and soft corals, sponges, algae) can inhabit these areas, making it difficult to identify and map from aerial photographs. There- fore, hard bottom environments have been subsumed into the Sand, Reef or Grass Bed/Algal Plain envi- ronments depending on the predominant bottom life. Typically, a "hard bottom" consists of soft corals ( Gorgonians ) , algae such as Halimeda and sponges such as Gellioides scattered over a pavement of dead coral or rock. E-5 Mud li ny..' Mud bottoms generally occur in association with developed shorelines or in calm bays adjacent to man- groves. Often mud bottoms are a result of man-induced stresses such as dredging or excessive erosion and sedimentation. Mud bottoms support life that can tolerate low light, little oxygen, and soft sediments such as small worms and some mollusks. Some mud bottoms support no flora or fauna except worms as a result of extremely stressful conditions. Examples of this coastal environment are: Inner Charlotte Ama- lie Harbor, St. Thomas; Martin Marietta Harbor, St. Croix, and Coral Harbor , St . John . In some instan- ces mud or silt bottoms represent an environment that has been previously altered. Additional alteration such as dredging or continued sedimentation may de- stroy the remaining function of adjacent ecosystems like reefs or grass beds. In addition , disruption of the silt/mud bottom sediments may cause excessive turbidity down-current. Mangroves Mangroves are found in low-lying, protected are- as on all three major islands, and a number of off- shore islands and cays. Major mangrove areas are located at "Mangrove Lagoon", St. Thomas; Salt River, Great Salt Pond, Altoona Lagoon on St. Croix; and E- 6 Coral Bay on St. John. Mangrove thickets consist of a number of plant species that can tolerate salinities both below and above that of normal sea water. Characteristically the Red Mangrove ( Rhizopora mangle ) , with its prop roots, is found in direct contact with the sea. Of- ten the Black Mangrove ( Avicennia nitida ) is found directly behind a stand of Red Mangrove, or on the perimeter of large salt ponds. The White Mangrove ( Laguncularia racemosa ) is found upland of the Black and Red Mangroves. Growing awareness of the exceptional value of mangrove areas has led to greater concern for their preservation and restoration. Wildlife diversity in mangrove areas is exceptionally high. Because of the wide variety of environmental conditions and habitat in mangrove areas, a wide variety of marine life and sea birds can be found. The White-crowned Pigeon ( Columba eurocephalus ) and the Brown Pelican ( Pelecanus occidentalis ) are examples of rare or en- dangered species that depend on mangroves for breed- ing or nesting. Mangroves are particularly valuable as nurseries for fish and lobster as well as various species of avifauna. Mangroves also contribute sig- nificant amounts of dead plant material (detritus) to the coastal waters adding to the flow of nutri- ents through the food chain. When mangrove areas occur in conjunction with a reef system, as is the case at Jersey Bay and Salt River, a resource pool of immense wealth is created. A position statement from the U.S. Fish and Wildlife Service elaborating on the importance of mangrove areas and their relation to the "National Interest" is found in Appendix E-l. Grass Beds/ Algal Plains Grass Beds are a common bottom environment found in the relatively shallow water surrounding the three main islands. Grass beds consisting of primarily tur- tle grass ( Thalassia testudinum ) and manatee grass E = 63 ( Syr ingodium f ilif orme ) are generally found in waters less than 70 feet deep. In contrast, algal flats common species: ( Penicillius capitatus , Udotea f la - bell urn , Halimeda incrassata ) are found in deeper wa- ters. Often, however, grasses and algae can occur together in marine meadows. Marine meadows are areas of thick growths, of sea grasses and algae that resemble pastures on land, and serve essentially the same functions. Most in- shore bay bottoms are covered with such pastures as are some extensive flat areas outside of bays. The distribution of a marine pasture is controlled by a number of factors including sediment quality and stability, depth, water clarity, currents, grazing by herbivorous animals, and, in some instances, fac- tors which are not readily apparent. A significant amount (perhaps most) of the oxy- gen generated in local, inshore waters is produced here . Marine meadows provide habitat for a myriad of marine species, most notably the queen conch ( S t rombus gigas ) and several species of rare and endangered sea turtles (Green, Hawksbill and Leatherback) . Grass beds function to stabilize sand areas and retard the seaward loss of beach material. An extreme sensitivity to dredging is exhibited; re- e s tabl ishment may not take place for many years (Lindbergh Bay has not been re-established after 40 years ) . Reefs t> ^ji^^^^ ^^•i*S' ••■ : viyivmmiV,1 The tropical reef is a complex association of hundreds of species of plants and animals. Corals are the dominant organism in terms of area coverage and comprise the basic physical structure of the reef. In addition to the reef building corals such as Elkhorn ( Acropora palmata) and Stony coral (Monta' E-7 i\ccia cti-c: a unaiauLCi 151 lC I edLUI e ui tilt; X i> — lands' coastal zone. Besides their intrinsic beauty, they are producers of sand for beach cover and con- struction . they are producers struct ion . Reefs are found in a variety of forms and loca- tions. Among the most common forms of reef occuring in the Virgin Islands are: Barrier Reefs, Fringe Reefs, Algal Ridges, Patch Reefs, and Deep Reefs. Although reefs have been mapped as a single category it is recognized that each reef type is distinct and therefore has its own set of use constraints. Reefs provide protection for harbors, shorelines, and shore structures by abatement of waves and dis- sipation of their energy which otherwise would be xpended directly on the shore. expended directly on u.^^ on^o.^. The largest portion of the seafood harveste the islands is taken from the reef environment. Most species of finfish and shell fish consumed lo- cally either live on the reefs or depend on them for nutrient s . ; t e d in id lo- Sand Bottom Large areas of sandy bottom are scattered through- out the near shore waters of all the major islands and cays. Though the most extensive areas of sand are found below 60 feet of water, open sand areas are found regularly in shallow waters. Sand bottoms of- ten form a band or halo around reef areas where nu- merous types of fish and shell fish graze the sand clean . E-8 Plant growth grasses and algae some fish life, c predominant anima variety of worms, cur in great numb less the sediment Sandy areas a extent of their s is unknown. They sand mining provi or technically pr sensitive resourc a group, the asso are relatively to Possible limi mental importance ulative since the under investigati is relatively sparse with some sea occuring intermittently. Although rabs and conchs can be found, the 1 life burrows into the sand. A mollusks, crabs and shrimp can oc- ers though they are rarely seen un- s are disturbed. re not yet well understood, and the ignificance to regional ecosystems are potentially good sites for ding the depth is not financially ohibitive and that adjacent, more es will not be unduly affected. As ciated organisms of sand bottoms lerant to turbidity and siltation. tations deriving from the environ- of sand bottoms are, at best, spec- degree of their importance is still on . Developed gin form ment use prop high sour or e the pany the On S Some I slan s of Devel and t ort io runo ce s . ven r Examp Charl to , Benne t. Cr of the bays an d s shore 1 ine h commercial, and oped raff n of ff a Fre elat les otte and r Ba oix , sho ic , imp nd g quen ed t of d Am a inc 1 y ar the r eline altere erviou r eat er tly , u o , a c evelop lie wa uding , ea of str et d certain portions of the Vir- ave been given over to various intense industrial develop- s are characterized by heavy d drainage patterns, a high s surface, cleared vegetation, incidences of pollution ses are those not dependent on, oastal location. ed shoreline on St. Thomas are terfront from West Indian Com- the Harry S. Truman Airport; Jersey Bay; and Vessup Bay. ch of the south shore contain- £-9 ing the industrial complex is the most notable. Oth- ers are the Frederiksted waterfront and the urbanized waterfront of Chr i stiansted . Consequently, the adjacent waters are considered "developed" and are characterized by a number of fac- tors: heavy use, increased turbidity, silty bottom, reduced bottom diversity and productivity, possible phytoplankton blooms. The heavy use of the waters for marine vessels disturbs the bottom, contributes hydrocarbons, heavy metals, and sewage. Structures frequently reduce circulation; and the areas require maintenance dredging. The urban waterfronts are also the locale for many traditional uses of the shoreline. These coast- al uses are part of the fabric of Virgin Islands life and heritage. The activities include the mooring of fishing vessels, "banana boats", and the use of the waterfront as a marketplace. Off-Shore Islands There are appr cays in the Territ most of which are Most are between 5 protruding rocks t ick) and usually r ronment . Many of one salt pond and Because of the lar nesting sites migratory sea bird rookeries for seve goose and other vo nesting by many bi ards and snakes wh main islands. Spe thrashers, doves a oximately sixty (60) islands and orial Sea of the Virgin Islands around St. Thomas and St. John. -50 acres, but range from bare, o islands over 485 acres (Hans Lol- epresent a pristine coastal envi- the islands and cays have at least unspoiled reef. ir remoteness, the cays are popu- for many local birds including s and are the last remaining local ral species. The lack of the mon- racious predators permits ground rds and the survival of some liz- ich have been extirpated on the cies such as the mangrove cuckoo, nd most species of birds common to E- 10 the Caribbean, as well as several endangered species of animals (the brown pelican and sea turtles) in- habit the islands and cays. Use constraints are further posed by a lack of fresh water resources, poor accessibility and expo- sure to drying wind and salt spray. Of the sixty cays, approximately twenty are pri- vately owned, the remainder either owned by the Vir- gin Islands Government, or some other public entity. The ownership of several cays is in dispute, being claimed by either two elements of the public sector, or between the private and public sectors. The Department of Conservation and Cultural Af- fairs has conducted a survey and study of the islands and cays, indicating (among other aspects) utiliza- tion potential and importance. These recommendations are found in Executive Summary , U.S. Virgin Islands 1974. A complete list of islands and cays is found in Appendix C. E-ll I APPENDIX E"-1 United States Department of the Interior FISH AND WILDLIFE SERVICE i^,---- ,. • 17 EXtCUTIVt PARK DRIVE, N. E. * Ch r,V ATLANTA, GEORGIA 30329 Mr. Thanas R. Blake Director of Planning Virgin Islands Planning Office P. O. Box 2606 Charlotte Amalie, St. Thomas, U. S. Virgin Islands Dear Sir: This letter attempts to point out the ecological values of three types of habitat of import to fish and wildlife resources of the U. S. Virgin Islands. This information was requested by Mr. Ed Lindelof of your office of Coastal Zone Management Planning by letters dated June 3, 1976 and August 12, 1976. Mangroves Mangrove systems such as those located in Mangrove Lagoon ( St . Thomas ) , Coral Bay (St. John), Salt River and Altona Lagoon (St. Croix) are extremely important to the maintenance of a productive marine environment as well as providing excellent wildlife habitat. The following is a list of some of the major ecological values which are attributed to mangrove systems. 1. Mangroves supply necessary organic and inorganic materials to the marine "food web" within nearby water bodies through detrital leaf and twig fall (1 metric ton/ acre/year) in conjunction with tidal flushing. This nutrient flow is the method by which solar energy, (which is fixed and stored by mangroves as primary producers), is transmitted to secondary organisms (primary and secondary consumers), to be utilized in the synthesis of animal tissue. 2. Mangrove roots provide substrate for a variety of sessile marine organisms, as well as cover and protection for a myriad of juvenile fish and shellfish species which utilize the abundant food supply and which are fed upon in turn by larger carnivorous species. ■ O^T/O.v \ ( ^< ) i E-12 3. Approximately 70 avian species utilize mangroves as feeding, roosting, and/or nesting habitat. While many of these are migratory birds, some are indigenous (confined to) to mangroves and thus are completely dependent upon them. 4. Mangroves are generally good filters of upland runoff and as such play an important part in the maintenance of good water quality by returning relatively clean water to the ocean. 5. Finally, mangroves are excellent shoreline stabilizers which effectively protect the shore from wind and wave erosion. Submerged Grasses Seagrass beds comprised of turtlegrass ( Thallasia testudinum ) , and/or manatee grass ( Syringodium spp . ) are also important contributors to the marine ecosystem for the following reasons : 1. Seagrasses have a high growth ( not reproductive ) rate, producing an average of 300-600 grams dry weight /M^/year, not counting root production. 2. The leaves support great numbers of organisms, with a total biomass approaching perhaps that of the grass itself. 3. Although a few organisms may feed on the grass and several may graze on the epiphytes, the major food chains are based upon seagrass detritus and its resident microbes, as is the case with mangroves. 4. The organic matter in the detritus and in decaying roots initiates sulphate reduction and maintains an active sulphur cycle . 5. The roots bind sediments together, and, with the protection afforded by leaves, surface erosion is reduced, thereby preserving microbial flora of the sediment and sediment-water interface . 6. Seagrass leaves retard currents and increase sedimentation of organic and inorganic materials around the plants. 7. Seagrasses absorb phosphorous, both through the leaves and the roots; it may be that the phosphorous absorbed through the roots is released through the leaves, thereby returning phosphate from sediments to the water colunn. Nitrogen is also taken up by the roots and released into the medium through the leaves. E- 13 8. Values for annual production of Thallasia has been estimated to range from 200 grams of carbon M^ to 3000 gC/M^. Thus, on an a real basis, Thallasia is more productive than world averages for cultivated corn (412 gC/M^), or rice (497gC/M^) . In fact, these seagrass production rates are higher, on an areal basis, than phytoplankton production in upwelling areas off Peru, among the richest known fishing waters in the world. Saltponds Mr. Lindelof also solicited our comments regarding the values of saltpond areas. There is little scientific data covering saltponds, however, several things do stand out about them and are apparent upon field investigation : 1. The major characteristic of salt ponds is their individuality. This makes it very difficult to generalize on the subject. Thus, we recommend that each saltpond be considered for its own merits during the Coastal Zone Management planning process. 2. "Closed" saltponds are not connected directly to the ocean, but may be subject to saltwater seepage. During times of drought, they become hypersaline and may even dry completely. Although only a few polychaete worms and certain species of shrimp can survive in this environment, they do provide food for several avian species. During periods of heavy rain, the salinity drops and there is an associated rapid change of biota. Short term algal "blooms" often occur and have their effect upon the biota associated with a given saltpond. Finally, high water temperatures and low oxygen levels also affect a given saltpond and its associated life forms. 3. An "open" saltpond is one which is connected, or open to the ocean. A "closed" saltpond may connect to the ocean due to rain-induced flooding and later become "closed" again due to litteral drift. An "open" saltpond is usually more stable in terms of biota than one which is closed. It will provide habitat for various fish species with a resultant change in the species of birds which utilize the saltpond as a feeding area. Water-borne mangroves may take root and flourish. Oxygen levels may be higher, with temperature and salinity values falling lower than those of a closed saltpond system. E-14 It is obvious that saltponds play an important part in maintaining or complementing the marine environment and as such should be considered in the Virgin. Islands Coastal Zone Management Plans. We reiterate that due to the high variability of one saltpond compared to another, each should be considered based on site-specific observations with regard to permissible use of development. The three habitat types mentioned in this report are highly interdependent, both upon each other, as well as with other systems such as coral reefs and algal plains which were not discussed herein. Fish and Wildlife Service considerations of relevancy to the National Interest include administration of such programs as Rare and Endangered Species, the National Wildlife Refuge Systems and others. The major thrust of the Service is now concentrated upon the area of habitat preservation and maintenance as was delineated in our letter to you of April 16, 1976. We sincerely appreciate the opportunity to provide you with the informa- tion requested and hope that it may be helpful in the efficacious development of the Virgin Islands Coastal Zone Management Plan. If we may be of further help please let us know. Regional Director / E-15 APPENDIX F Beach Inventory- Assessment Form Beach: Island : Inventory Factors Ranking/Description Beach Material Beach Texture Length Width Recreational Use Shoreline Vegetation Geomorphic Char. Seasonal ity/Stability Tenure Access Tenure Adjacent Land Use Parking Availability Development Intensity Development Type Boat Ramp Potential Public Facilities Waves/Currents Anchorage Potential Traditional Land Use Comments Other Ranking/Description Sand (Coral, Algal) Gravel, Cobble, Rock, Pebble Fine Granular Rocky Swimming, Snorkeling, Scuba, Picnicking, Fishing, Boating Embayed, Peninsular, Ridge Private/Public/Disputed Public/Private -Open/Private -Restricted High -Medium-Light -Natural Hotel -Condominium-S ingle -Industrial Yes No Toilets, Showers, Food, Recreational Rentals (Skindiving, Sailboats) F-l Beach Survey- Page 2 Polaroid Picture or Sketch Location on Map Shorescape Scenic Quality Rating Vi sual Compon ents High Medium Low Topographic Complexity 12 3 Shoreline Complexity 12 3 Vegetative Integrity 12 3 Vegetative Diversity 12 3 Ecosystem Continuity 12 3 Uniqueness (Scarcity) 12 3 Endangerment (Issue Reality) 12 3 True-to-Form Townscape 12 3 True-to-Form Rurality 12 3 Human Dynamics 12 3 Instructive Quality 12 3 Sail/Island Horizons 12 3 Sensitivity to Change 12 3 F-2 Beach: Q&>Z *&$f Island: ^H^S^HM- Inventory Factors Ranking/Description Beach Material Beach Texture Length Width Recreational Use Shoreline Vegetation Geomorphic Char. Seasonality/Stability Tenure Access Tenure Adjacent Land Use Parking Availability Development Intensity Development Type Boat Ramp Potential Public Facilities Wave s/Cur rent s Anchorage Potential Traditional Land Use Ranking/Description : ■id/^CoraR Algal) Gravel, Cobble, Rock, Pebble lne\ Granular Rocky Swimmin^MSnor ke 1 ing'] Fishing Vj Boating (^Embayed ,3 Peninsular, Ridge Privat e £p ublic^ Disputed Public^Private-Open/Private -Restricted ^u5lic; some comm^iraat; rosdb Hiqh- fedium-LiqivBV Natural Hotel-Condominium-Single-Industrial izWft CfiVtfeir ffes> No >t- Toilets, Showers, ( Food^ ( Recreational Rental^ ) (Skindiving, Sailboats) ^° , ^ Comments Other CcOz. tatj Harbor is neo) IneauiUj usei arti -[Vere are ose C£T$id^; eee $vsvs|lteLTfer\dL- F-3 Beach Survey Page 2 Polaroid Picture or Sketch Location on Map Np.l Shorescape Scenic Quality Rating Visual Components High Medium Low Topographic Complexity Shoreline Complexity Vegetative Integrity Vegetative Diversity Ecosystem Continuity Uniqueness (Scarcity) Endangerment (Issue Reality) True-to-Form Townscape True-to-Form Rurality Human Dynamics Instructive Quality Sail/Island Horizons Sensitivity to Change 1 2 o 3 1 1 2 2 o (!) 3 1 2 (T) \iMroiUjed 1 2 2 (D 3 |cCXh0K\ © Q i 2 2 2 3 3 H-A- Q 2 3 F-4 GLOSSARY ACCESS : The unobstructed ability to reach, pass through, or utilize a specific area or resource. Access in the C.Z.M. program generally refers to shoreline or beach access. ACCRETION: Accumulation of material resulting from natural processes. Usually refers to the accumulation of sediments such as sand along the shoreline and in beach areas. BATHYMETRY: The science of measuring ocean depths in order to determine sea floor topography. EMBAYMENT: A relatively small bay or partially enclosed body of water. ENDANGERED SPECIES: A species in danger of extinction due to destruction of its habitat, environmental pollution, or other reasons. Species determined to be endangered by the U.S. Fish and Wildlife Service are protected by "The Endangered Species Act of 1973 (P.L. 92-305)." Examples of endan- gered species found in the Virgin Islands are : Hawksbill and Leather- back Seaturtles and the Brown Pelican. BEACH ACCESS: The unobstructed ability or opportunity to reach, pass through, or utilize the beaches (of the Virgin Islands) . EUTROPHICATION: Nutrient enrichment of a water body (often man induced) leading to the excessive growth of aquatic plants. BENTHOS : The community of bottom dwel- ling sea life. FASTLANDS: Land above the line of mean high tide; upland. CIGUATERA: A relatively common type of poisoning that can result from eating certain species of tropical fish. COASTAL ZONE MANAGEMENT ACT OF 1972 PUBLIC LAW 92-583: The Federal legis- lation that provides the funding and guidelines that enables states and territories to prepare coastal zone management programs. The Act was amended in 1976 to include additional provisions for the siting of energy facilities, beach access, a shoreline erosion, island preservation, and a coastal energy impact program. DCZM: Stands for the Division of Coastal Zone Management, within the Department of Conservation and Cultural Affairs, the proposed agency that will implement the coastal zone program. DETRITUS: Particles of decomposing plants or animals. EASEMENT: A lesser interest in land that grants certain specified rights, but not ownership, to the public. FATHOM: 6 FEET 1.82 METERS FAUNA: The collective term for the animals that are present in an eco- system. FEE SIMPLE: The acquisition of land or property by the expenditure of private or public funds. A fee simple pur- chase grants all interest inherent in the land or property to the purchaser. FLOOD PLAIN: The shorelands that are subject to tidal and gut flooding. FLORA: The collective term for all the plant species that are present in an ecosystem. GOALS : Are abstract statements that reflect broad social values associated with the coastal zone. GUT: Intermittent drainage ways or water courses leading from the hillsides to the sea. Gut is the term used in the Virgin Islands for small streams or brooks. Guts can either be natural drainage ways or channelized man altered run-off collectors. HABITAT: The area of residence of an animal species or community of species. LIGHTERING: The process of off-loading crude oil from V.L.C.C.s (super tankers) in deep water into barges. This process decreases the draft of the V.L.C.C.s and enables them to enter the Hess Harbor but also increases the danger of an oil spill. LITTORAL: Having to do with the sea shore or coast. MARICULTURE: The cultivation of plant and animal species in an underwater environment. Also known as Aqua- culture. Mariculture can be thought of as underwater farming. MEAN HIGH TIDE (WATER) The mean of the high tide heights observed over a 19 year period. METER: 39.37 inches NATIONAL REGISTER OF HISTORIC PLACES: The official list of the nation's cultural resources that are worthy of protection. Sites on the National Register are protected under the provisions of the "National Historic Preservation Act of 1966." Examples of National Register Sites are: Christiansted National Historic Site and Magen's Bay Archaeologic District. NAUTICAL MILE: 6,076 feet N.O.A.A.: National Oceanic and Atmos- pheric Administration, U.S. Department of Commerce. NON-RENEWABLE RESOURCES: Are those resources that once used are no longer available in the human time frame. Construction aggregate and oil are examples of non-renewable resources. OBJECTIVES: Are concrete expressions or specific examples of actions by which goals are satisfied and which can be used to measure the effective- ness of the management program. O.C.Z.M.: Office of Coastal Zone Man- agement, N.O.A.A., U.S. Department of Commerce. The office that ad- ministers the Coastal Zone Management program. OPTIMUM SUSTAINABLE YIELD: The yield of a renewable resource that will not deplete yields in subsequent year's harvest. The ability of the harvested species or resource to replenish itself through national reproduction must be maintained. POLICIES: Are action oriented state- ments that set forth the general management procedures and guidelines for realizing the goals and objectives. POTENTIAL NATIONAL NATURAL LANDMARKS: An inventory of natural sites of national significance undertaken by the National Park Service. The potential sites in the Virgin Islands were inventoried in 1975 and include Salt River, St. Croix, Botany Bay, St. Thomas and Lagoon Point, St. John. PRIMARY PRODUCTIVITY: The amount of organic matter produced during the process of photosynthesis. RECOMMENDATIONS: Future courses of action intended for implementation by the Coastal Zone Management Program. Recommendations are usually specific actions that should be taken in order to meet the goals and ob- jectives of the program. RENEWABLE RESOURCES: Are those resources that when used in a planned manner can exist in a state of constant renewal. Examples include, water in rivers or underground, wind and solar energy. RESOURCES: Are those entities, elements, or abilities that are of human value. A resource can be a broad concept such as clear water or high scenic quality or a specific substance like sand or water . SALINITY: A measure of the quantity of dissolved salts in water. Most often measured in parts per thousand. Typ- ical sea water contains 35 parts salts per thousand parts water. SCENIC QUALITY: The set of values, natural or man made attributes, con- ditions or standards that, within a culture, are commonly agreed upon to produce a scene or view that "pleases the eye . " SEDIMENTATION: The process of gravi- tational deposition of soil and other particles transported by water. SHORELANDS: The terrain of the coastal watershed. Shorelands as defined in the C.Z.M. Act have potential "direct and significant impacts on the coastal waters." As thus defined all land area of the Virgin Islands must be considered as shorelands . SHORELINE: The intersection of the land with the water surface usually indicated on maps as mean high tide mark. Legal definition: as defined in Act 3063 all the area of the coastlines of the Virgin Islands from the seaward line of low tide running inland a distance of 50 feet or the extreme seaward boundary of natural vegetation or natural barrier whichever is shortest. SILT: Very fine particulate matter. Finer than sand. STATUTE MILE: 5,280 feet. THORN SCRUB ECOSYSTEM: A dry, harsh, environment most often subject to direct strong wind and salt spray. Common plants include: cacti, acacia, and wild sage. East Point-Isaac Bay, St. Croix are examples of thorn scrub ecosystem. TRADITIONAL USES: Those shorelines uses that are part of the traditional-his- toric life of the Virgin Islands. Waterfront produce markets and fishing are examples of traditional uses of the coastal zone. TRUSTLANDS: All submerged and filled lands conveyed pursuant to Public Law 93-435 by the United States to the Virgin Islands. These lands are to be held and administered in trust for the benefit of the people of the Virgin Islands (see Act 3667) . TURBIDITY: The reduced water clarity that results from the presence of suspended matter such as silt. VALUABLE AND IRRETRIEVABLE NATURAL RESOURCE: Are those natural resources that are of high human value yet are fragile and once used are probably lost forever. Examples include: endangered species, historic sites, and highly scenic areas. VIEWSHED: The shorelands that are visible to an observer standing on the shoreline. Generally the view- shed will extend from the shoreline to the ridgeline. SUBMERGED LAND: Those lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three miles distant from the coastlines. See Act Number 3667. TERRITORIAL SEA: The waters of the Virgin Islands extending from the shore- line or offshore cays to points three nautical miles or the international boundary with the British Virgin Islands, VISUAL ACCESS: An unobstructed view of the shoreline or sea. VISUAL CONFLICT: Those structures or uses that are deemed to disrupt the harmony of a view or scene. Structures inappropriate in color, design or scale, large signs, and careless waste dis- posal are examples of sources of visual conflict. V.L.C.C. s: Very Large Crude Carriers, "Super Tankers" those oil tankers with a capacity of more than 200,000 dead weight tons. U.L.C.C. s, ultra large super tankers that are over 400,000 dead weight tons. WATERSHED: A drainage basin. Each watershed is a discrete geographical unit that collects precipitation and drains it to the coastal waters via a gut. WINDSHEAR EFFECT: The molding of vege- tation by strong wind. Plant species subject to strong steady winds exhibit a stunting of growth and an orientation in one direction. WATER DEPENDENT USES: Are those which require a site or location on shore- lands, water areas, or adjacent to or in close proximity to the coastal waters in order to function effectively (e.g., ports, seaplane ramp, marina, boat terminals, and dry docks) . WATER RELATED USES: Are those which rely on support water dependent facilities or activities; utilize coastal water as a production source; utilize coastal water and/or adjacent shorelands for the transportation of materials needed in order to function effectively (e.g., manufacturing plants, water desalini- zation, and shoreland recreation) . SELECTED BIBLIOGRAPHY Adams , John B . ; Gerhard , Lee ; Ogden , John ; and Bowman , Jan . Potential National Landmarks - U.S. Virgin Islands . St. Croix: West Indies Laboratory, Fairleigh Dickenson University, 1975. Aday, Walter H. The Algal Ridges and Coral Reefs of St. Croix , Their Structure and Holocene Development. Atoll Research Bulletin No. 187 . Washington D.C. : Smithsonian Institution, 1975. Bandler, Beverley, ed. Our Troubled Environment - Can We Save It? . St. Thomas: Caribbean Research Institute, College of the Virgin Islands, 1974. Beller, Williams, ed. The U.S. Virgin Islands and the Sea . St. Thomas: Office of the Lieutenant Governor, 1970. Black, Crow, and Eidness, Inc. A Water Management Plan for St. Croix, U.S. V.I . St. Thomas: Virgin Islands Government Department of Conservation and Cultural Affairs, 1976. Bowden, Martyn J. Hurricanes in Paradise - Perception and Reality of the Hurricane Hazard in the Virgin Islands . St. Thomas: Island Resources Foundation, 1974. Bowden, Martyn J. Climate, Water Balance and Climatic Change in the Northwest Virgin Islands . St. Thomas: Caribbean Research Institute, College of the Virgin Islands, 1970. Bough, J., and Macridis, R. , eds. 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