ae © The Virgin Islands “ate aes - Coastal Management Sac ae eed > a > EY - % Tare 5 of p Program and 1 Final Environmental , i ai Impact Statement { 4 U.S. DEPARTMENT OF COMMERCE National. Ceganic and Atmospheric Administration Office of Coastal Zone Management fy Pe fi ot een, kent S eyy are: \ aiien.3 wart if red et Ter he, ae baa WEA ek a4 — een J te ~~)“ a jae ae: or fy eat a Lasts ae aa, = 9 te 2 a we &y, ‘athers | Poa ~ Be. Whe ey et ae Das £ oie bets Ret | Oitod ~~ _ 4 ie a, egy oo ~yt — seer Fey Bact eee yet Pa gi ies? +” wk? le a Empat ae Rregee AD ok OM ree Chie Soe. Ee \ ~, 4 sie tf TICATED RNMENT a — oe IMATION » — ~~, nascent pad ater UNITED STATES DEPARTMENT OF COMMERCE ADR 1G HX FINAL. ENVIRONMENTAL IMPACT STATEMENT PROPOSED COASTAL ZONE MANAGEMENT PROGRAM FOR THE VIRGIN ISLANDS Prepared by: Office of Coastal Zone Management National Oceanic and Atmospheric Administration U.S. Department of Commerce 3300 Whitehaven Street, N.W. 20235 Washington, D.C. EEE ay, oe PEERS TEN org THE VIRGIN ISLANDS OF THE UNITED STATES OFFICE OF THE GOVERNOR CHARLOTTE AMALIE, ST. THOMAS March 19, 1979 Mr. Robert W. Knecht National Oceanic & Atmospheric Adm. Office of Coastal Zone Management 3300 Whitehaven Street, N. W. Page Building No. 1 Washington, D. C. 20235 Dear Mr. Knecht: It is with great pleasure that I submit to you for approval, the Coastal Zone Management Program for the Virgin Islands, under Section 306 of the Coastal Zone Management Act of 1972, as amended (CZMA). This manage- ment program fully complies with the intent and require- ments of the CZMA. I have reviewed the management program, and as Acting Governor, I approve the program as territorial policy and certify to the following: 1. The Territory, through the Virgin Islands Coastal Zone Management Act of 1978, asso- ciated legislative authorities and the cooperation and coordination of other govern- mental agencies, has the authorities and is presently implementing this management pro- gram for the Virgin Islands coastal zone. 2. The Territory has established, and is opera- ting the necessary organizational structure to implement the coastal zone management program. 3. The Department of Conservation and Cultural Affairs is the single designated agency to receive and administer grants for implemen- ting the coastal zone management program. seep ma I a mart nee ace ee emt semen wary ee TDS ne emeiganipene gma age Mr. Robert W. Knecht Page -—2- March 19, 1979 The Territory, through the Department of Conservation and Cultural Affairs and the Coastal Zone Management Commission, pres- ently has the authority to directly con- trol land and water uses, control devel- opment, and resolve conflicts among com- peting uses within the coastal zone. The Territory has sufficient power to acquire lands, should that become neces- sary or desirable, to carry out elements of the coastal management program. The policies cited in the coastal zone management program, are embodied in the Virgin Islands Coastal Zone Management Act of 1978, and are directly enforce- able by the Coastal Zone Management Commission and the Department of Conser- vation and Cultural Affairs. The Territory's air and water pollution programs, established pursuant to the Federal Clean Air Act as amended, and the Federal Water Pollution Control Act as amended, insofar as these programs pertain to the coastal zone, have been made a part of the Territory's Coastal Zone Management Program. The regula- tions relating to these programs, have been incorporated into the management program, and are the air and water pollution control requirements applica- ble to the coastal management program. The Coastal Zone Management Program is now an official program of the Territory of the Virgin Islands; the Territory, a Mr. Robert W. Knecht Page -3- March 19, 1979 acting through the Coastal Zone Management Commission and the Department of Conserva-— tion and Cultural Affairs and other terri- torial agencies identified in the program, will continue to meet the intent of the as Coastal Zone Management Act of 1972, amended. Sincerely, —™~ CL Yj Ma u Henry “A. Millin Act ng Governor Enclosure: Summar ( ) Oraft Environmental Impact Statement (x) Final Environmental Impact Statement Department of Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Zone Management. For additional information about this proposed action or this statement, please contact: Gulf/Islands Regional Manager Office of Coastal Zone Management National Oceanic and Atmospheric Administration 3300 Whitehaven Street, N.W. Washington, D.C. 20235 Phone: 202/254-7546 Written comments should be addressed to: Office of Coastal Zone Management National Oceanic and Atmospheric Administration Attn: Gulf/Islands Regional Manager 3300 Whitehaven Street, N.W. Washington, D.C. 20235 1. Type of Action Proposed Federal approval of the Virgin Islands Coastal Management Program (VICMP) (x) Administrative ( ) Legislative 2. Brief Description of Action It is proposed that the Assistant Administrator for Coastal Zone Management approve the Coastal Management Program applicatian of the Virgin Islands pursuant to P.L. 92-583. Approval would permit implementation of the proposed program, allow program administration grants to be awarded to the Territory, and require that Federal actions be consistent with the program. 3. Summary of Environmental Impacts and Adverse Enviromental Effects Approval and implementation of the program will allow the Territory to co- ordinate and implement mare effectively existing Territory and local authorities for management of its coastal zone through the establishment of policies and ; ; ! i standards for land and water uses in the Virgin Island's coastal zone. The effect of these policies and standards will be to condition, restrict or prohibit some uses in parts of the coastal zone, while encouraging development in other parts. This program should lead to an improved decision-making process for determining appropriate coastal land and water uses in light of resource considerations. This will lead to increased long-term predictability concerning governmental and private decisions in the Territory's coastal zone and resources therein, although there may be some adverse, short-term economic impacts on coastal users. 4. Alternatives Considered: 1. The Assistant Administrator could delay or deny program approval if the policies described in the VICZMP were not enforceable or sufficient. 2. The Assistant Administrator could delay or deny program approval if the VICZMA was not specific enough to implement the Program on at least an interim basis without formal rules and regulations. 5. DISTRIBUTION Comments have been requested from the Federal, Territorial and local agencies and other parties. This Final Environmental Impact Statement has been forwarded to all parties who commented on the Draft £1S and all parties who requested a copy. Federal Agencies Advisory Council on Historic Preservation Department of Agriculture Department of Commerce Department of Defense Department of Energy Department of Health, Education & Welfare Department of Housing & Urban Development Department of the Interior Department of Justice Department of Labor ly ote Department of Transporation Environmental Protection Agency Federal Energy Regulatory Commission General Services Administration Marine Mammal Commission Nuclear Regulatory Commission U.S. Coast Guard National Interest Groups A.M.E.R.I.C.ALN. AFL-CIO American Association of Port Authorities American Bar Association American Bureau of Shipping American Farm Bureau Federation American Fisheries Society American Forest Institute American Gas Association American Hotel and Motel Association American Industrial Development Council American Institute of Architects American Institute of Merchant Shipping American Institute of Planners American Littoral Society American Mining Congress American Oceanic Organization American Petroleum Institute American Shore and Beach Preservation Association American Society of Civil Engineers American Society of Landscape Architects, Inc. American Society of Planning Officials American Water Resources Association American Waterways Operators Amoco Production Company Ashland Oi1, Inc. Associated General Contractors of America Association of Oi] Pipe Lines Atlantic Richfield Company Atlantic States Marine Fisheries Commission Atomic Industrial Forum Barrier Islands Coalition Boating Industry Association Center for Law and Social Policy Center for Natural Areas Center for Urban Affairs Center for Urban & Regional Resources Chamber of Commerce of the United States Chevron U.S.A., Inc. Cities Service Company City Service 011 Company Coastal States Organization Conservation Foundation Cd ate onde Continental Oi1 Company Council of State Governments Counci? of State Planning Agencies The Cousteau Society Earth Metabolic Design Laboratories, Inc. Edison Electric Institute El Paso Natural Gas Co. Environmental Policy Center Environmental Defense Fund, Inc. Environmental Law Institute EXXON Company, U.S.A. Friends of the Earth Getty O11 Company Great Lakes Basin Commission Gulf Energy and Minerals, U.S. Guif 071 Company Gulf Refining Company Gulf South Atlantic Fisheries Development Foundation Independent Petroleum Association of America Industrial Union of Marine & Shipbuilding Workers of America Institute for the Human Environment Institute for Marine Studies Interstate Natural Gas Association of America Izaak Walton League Lake Michigan Federation League of Conservation Voters League of Women Voters Education Fund Marathon Oi? Comapny Marine Technology Society - Mobil 071 Corporation Mobil Exploration & Producing, Inc. Murphy Oi1 Company National Academy of Engineering National Association of Conservation Districts National Association of Counties National Association of Dredging Contractors National Association of Electric Companies National Association of Engine & Boat Manufacturers National Association of Home Builders National Association of Realtors National Association of Regional Councils National Association of State Boating Law Administrators National Association of State Park Directors National Audubon Society National Boating Federation National Canners Association National Coalition for Marine Conservation, Inc. National Commission on Marine Policy National Conference of State Legislatures National Environmental Development Association National Farmers Union National Federation of Fisherman National Fisheries Institute National Forest Products Association National Governors Association National League of Cities National Ocean Industries Association National Parks and Conservation Association National Petroleum Council National Petroleum Refiners Association National Realty Committee National Recreation and Park Association National Research Council National Science Foundation National Science Teachers Association National Shrimp Congress National Society of Professional Engineers National Wildlife Federation National Waterways Conference Natural Gas Pipeline Company of America Natural Resources Defense Counci] The Nature Conservancy Nautilus Press New England River Basin Commission North Atlantic Ports Association Qutboard Marine Corporation Resources for the Future Rice University Center for Community Design and Development Shell 071 Company Shellfish Institute of North America Shipbuilders Council of America Sierra Club Skelly O11 Company Society of Industrial Realtors Society of Real Estate Appraisers Soil Conservation Society of America Southern California Gas Company Sport Fishing Institute Standard O0i1 Company of Ohio Sun Company, Inc. Tenneco Oi1 Company Texaco, Inc. Texas A & M University United Brotherhood of Carpenters & Joiners of America Union Oi] Company of California Urban Research and Development Association, Inc. U.S. Conference of Mayors U.S. Power Squadrons Virginia Marine Resources Commission Water Pollution Control Federation iva ae Eee RADNER “ Water Transport Association Western Oil and Gas Association Wildlife Management Institute The Wildlife Society World Dredging Association Territory/Local Carribean Research Institute Government of the Virgin Islands A-95 Clearinghouse Island Resources Foundation Virgin Islands Conservation Saciety West Indies Laboratory Farleigh Dickinson Laboratory Other Parties Mailed upon request NOTE TO REVIEWER: The appendices have not been included in this Final EIS since they have not been changed since the Draft EIS was circulated. TABLE OF CONTENTS Page # PART ONE: OVERVIEW CHAPTER ONE: INTRODUCTION AND OVERVIEW The Coastal Zone Management Act Of 1972. .ceccccccccsccccsccccvcecel What 7S Coastal Zone Management..ceccocccccccccscccsessccvcceceesel Overview of the Virgin Islands CZM Program. cecccccccsccccccceeceed REPOVt FOrMat..cescscccccccccscccennuccsscssessenescesccssessesesed PART TWO: CONTEXT FOR PLANNING CHAPTER TWO: STUDY PROCEDURES Coastal Zone Management Program Development ProcesS...sceccccecesed Program ETEMENtS..ccsccacccccccnccccnscscsessevecscccsecsssssccesl | Technical Work TaskS.cccccccencccccccssccessccsesscesescncvccsesele Public and Governmental Involvement and Federal Interaction......14 CHAPTER THREE: CONTEXT FOR PLANNING: BACKGROUND AND SETTING Resource Setting: An Image of the Virgin Islands. ......cceeeeces V7 ECONOMIC Setting. cccvcccccvccnccsccserevccvercsecsesesecvessesessce Present and Future Shoreline UseS.cccccssccccccccccccecesccseese eld Public Attitudes Regarding Shoreline Use..ccccasccscveccvcsessesedl Political and Governmental Setting - Political Institutional SOLC IMGs crccscarccccccrvccenencrsceseececesseserescsseeesseese sad CHAPTER FOUR: PROBLEMS AND ISSUES TO BE ADDRESSED BY THE COASTAL ZONE MANAGEMENT PROGRAM The Economic Boom of the 1960's and the Need for Planning.....+53 Specific Problems amd ISSuUCS. cor eec eevee ccc ceccccecnsesececee 02 D4 Short Term vs. Long Term Productivity. .cccsccccecssceves racy: Shoreline AcceSScccccsccccsscvcccuscessntcessveseseresssesersese edo Administration and Enforcement..cscccccccccscccsccensservcesssee edd Soe dg iP ited PART THREE: THE MANAGEMENT PROGRAM CHAPTER FIVE: AUTHORITIES ORGANIZATION Virgin Islands Coastal Zone Management Acticcecceccecveveressscesll OvervieW...sees Pace eres cece esenesnaeee oo ese essccccsccvecsseess02 Boundary Definitions. scccccccccccsccccvcccsccescescsssccsccsssessll CHAPTER SIX: AREAS OF PARTICULAR CONCERN Criteria for Areas of Particular Concern (APCs) and Areas for Restoration and Preservation (APRS). seccccccccccssccsevevesees 004 Site Specific RecommendationS..cccccccccccccusccessscocsscersess oD vi CHAPTER SEVEN: COASTAL LAND AND WATER USE PLAN... ccccscccsceees 109 CHAPTER EIGHT: SHOREFRONT ACCESS. ca ccceas eeeeoeveoeseeeseeneeeone - 12] CHAPTER NINE: SHORELINE EROSION AND ENERGY FACILITY SITING Shoreline Erosion Mitigation Planning. .ccccccssccccccsccccseessesl aD Energy Facility SICINGs ccccccccccccsccccnveccccccccsccccccsencses 143 CHAPTER TEN: NATIONAL INTEREST AND FEDERAL CONSISTENCY Consideration of the National Interest..rceseccsenccvesescsescssesl dd @eueene eanseneoce @nneereseee * pense eeseevreon 167 Federal Consistency.. PART FOUR: VIRGIN ISLANDS COASTAL ZONE MANAGEMENT PROGRAM ENVIRONMENTAL IMPACTS PART FIVE: APPENDICES APPENDIX A: Comments Received on the Draft EIS and Responses APPENDIX B: Virgin Islands Coastal Zone Management Act of 1978 @ vii INTRODUCTION A. The Federat Coastal Zone Management Act In response to intense pressures, and because of the importance of - the coastal areas of the United States, Congress passed the Coastal Zone Management Act (P.L. 92-583) (hereinafter referred to as the CZMA or the Act) which was signed into Taw 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 (0CZM). The Coastal Zone Management Act of 1972 was substantially amended on July 26, 1976, (P.L. 94-370). The Act and the 1976 amendments affirm 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 programs for managing their coastal zones. Broad guidelines and the basic requirements of the CZMA provide the necessary direction for developing these State programs. These guidelines and requirements for program development and approval are contained in 15 CFR Part 923, as revised and published March 1, 1978, in the Federal Register. In summary, the requirements for program approval are that a State develop a management program that: (1) Identifies and evaluates those coastal resources recognized in the Act that require management or protection by the State; (2) Reexamines existing policies or develops new policies to manage these resources. These policies must be specific, comprehensive and enforceable, and must provide an adequate degree of pre- dictability as to how coastal resources will be manayed; (3) Determines specific uses and special geographic areas that are to be subject to the management program, based on the nature of identified coastal concerns. The basis for management uses (or their impacts) and areas should be based on resource capability and suitability analyses, socio-ecanomic considerations and public preferences; (4) Identifies the inland and seaward areas subject to the management program; (5) Provides for the consideration of the national interest in the planning for and siting of facilities that meet more than local requirements; and (6) Includes sufficient legal authorities and organizational arrange- ments to implement the program and to insure conformance to it. In arriving at these substantive aspects of the management program, States are obliged to follow an open process which involves providing information to and considering the interests of the general public, special interest groups, local governments, and regional, State, interstate and Federal agencies. Section 305 of the CZMA authorizes a maximum of four annual grants to States to assist them in development of a coastal management program. After developing a management program, the State may submit it to the Secretary of Commerce for approval pursuant to Section 306 of the CZMA. If approved, the State is then eligible for annual grants under Section 306 to implement its management program. If a program has deficiencies which need to be remedied or has not received Secretarial approval by the time Section 305 program development grants have expired, a State may be eligible for preliminary approval and additional funding under Section 305(d). Section 307 of the Act stipulates that Federal agency actions shall} be consistent, to the maximum extent practicable with approved State management programs. Section 307 further provides for mediation by the Secretary of Commerce when a serious disagreement arises between a Federal agency and a coastal! State with respect to a Federal consistency issue. Section 308 of the CZMA contains several provisions for grants and loans to coastal States to enable them to plan for and respond to on-shore impacts resulting from coastal energy activities. To be eligible for assistance under Section 308, coastal States must be receiving Section 305 or 306 grants, or, in the Secretary's view, be developing a management es 1 A em oar ETN on MN 2 Tr hy program consistent with the policies and objectives containéd in Section 303 of the CZMA. Section 309 allows the Secretary to make grants (90 percent Federal share) to States to coordinate, study, plan, and implement interstate coastal management programs. Section 310 allows the Secretary to conduct a program of research, study, and training to support State management programs. The Secretary may also make grants (80 percent Federal share) to States to carry out research studies and training required to support their programs. Section 315 authorizes grants {50 percent Federal share) to States to acquire lands for access to beaches and other public coastal areas of environmental, recreational, historical, aesthetic, ecological, or cultural value, and for the preservation of islands, in addition to the estuarine sanctuary program to preserve a representative series of undisturbed estuarine areas for long-term scientific and educational purposes. SECTION ONE Virgin Islands Coastal Zone Management Program ) meee att fin myst Sas Se Tete SLES Sear ts ES ae ae a aie ive Hb i 7 rey = Pr a Barats ‘ae pe ae it oh et ih ng ed Pei Be Ee Retest at Sia cc eEes 2 re sats Si a panini eensners ES he iS a a EL i ei a lee tf pan i Eo oe gies ie a ie: peat aa whe ia Bee ee See ay ge phe Be és ie seg gouge: ay oe es i pe tee HE. ear: 4 a Fi Fa © CHAPTER ONE Introduction and Overview The Coastal Zone Management Act of 1972 In recagnition 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: ]. 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. rublic 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 Es ee . Fee SEWee SAT RR, 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 fs responsible for program development. What Is Coastal Zone Management A coastal zone program represents many different things to different people. To the consérvation minded, the concept represents efther 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 seeks to harmonize cultural, economic, and environmental values, and balanced 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. It has been the goal to develop a management program to: 1. accommodate growth and facilitate economic gains for the Virgin Islands and at the same time protect valuable and irretrievable natural resources: oO manage the tmpact of human activity so as to maintain, and waere possible, enhance the coastal environment; oO manage. the development of renewable resources to achieve optimum sustainable yield; and © manage non-renewable resources in light of long-term needs and interests. 2. promote 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 insure that traditional uses are protected; o insure that diverse recreational opportunities are available, affordable and reasonably convenient; and o protect and enhance scenic quality for the benefit of residents and tourists alike. 3. acknowledge the importance of individual rights and freedoms in using the coast. by establish- ing sound management with a minimum of regulation and administrative requirements. Overview Of The Virgin Islands CZM Program The purpose of this section is to summarize the major aspects of the Virgin Islands CZM Program and to present a general overview of the program. The provisions of the VICZMA can be broadly categorized into two classes: those relating to coastal use and development and those relating ta the amendment of legal authorities and the revision of institutional arrangements. LAND AND WATER USE POLICIES o The Coastal Zone Management Act (C2MA) requires that the management program include an identi- fication of the boundaries of the coastal zone. The determination must include lands with a direct and significant impact upon coastal waters. There is a "two-tier" approach to boundary delineation (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 includes 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 National CZMA, al? Federally owned lands are excluded from the coastal zone. o Highest priority will be given to water dependent uses, particularly in those areas suitable for commercial use including resort hotels and related facilities, port and marine facilities and recreation. Secondary priority will be given to those uses that are water related or have special siting needs. o New development should be guided into locations with, contiguous with, or in close proximity to existing developed sites and into areas with adequate public services, or in the case of well-planned self sufficient development into other suitable areas. o Development in areas adjacent to environmentally sensitive areas, such as endangered species habitat, significant natural areas and park and recreation areas must be sited and designed to prevent impacts which would significantly degrade such areas. o The function and productivity of marine resources and the high quality of coastal waters will be maintained and enhanced. nbs 5, 4 “Sie fr) Public coastal recreational uses, areas and facilities and access to such areas will be protected and enhanced. 0 The Coastal Zone Commission may require, as a condition of a major Coastal Zone Management permit, that a public accessway to the shoreline be granted. RECOMMENDED LEGAL/INSTITUTIONAL PROVISIONS * New development should be guided into locations, with, contiguous with, or in close proximity to existing developed sites and into areas with adequate public services, or in the case of well-planned self sufficient development, into other suitable areas. * Development in areas adjacent to environmentally sensitive areas, such as endangered species habitat, significant natural areas and park and recreation areas must be sited and designed to prevent impacts which would significantly degrade such areas. * Tne function and productivity of marine resources and the high quality of coastal waters will be maintained and enhanced, * Public coastal recreational uses, areas and facilities and access to such areas will be protected and enhanced. * The Coastal Zone Commission may require, as a condition of a major Coastal Zone Management permit, that a public accessway to the shoreline be granted. LEGAL INSTITUTIONAL PROVISIONS Coastal Zone Management Commission A Coastal Zone Management Commission is created that consists of 15 appointed members and the Commissioner of Conservation and Cultural Affairs and the Director of the Planning Office who shal] be non-voting ex-officio members. Of the 15 appointed commission members five are to reside on St. Croix, five are to reside on St. Thomas, and five are to reside on St. John. There are three Coastal Zone Management Commission Committees: one Committee consists of the members who reside in St. Croix, one consists of the members who reside on St. Thomas, and one consists of the members who reside on St. John. Each Committee is to exercise the full authority of the Commission over the issuance of Coastal Zone Management permits pertaining solely to the respective island of that Committee. Division of Coastal Zone Management The present Bureau of Shoreline and Land Management within the Department of Conservation and Cultural Affairs is redesignated as the Division of Coastal Zone Management (DCZM). The duties of the Division are to assist the C 2 M Commission and Commissioner in administering and enforcing the Virgin Islands C ZM Act. Coastal Zone Management Permit System All new development within the first tier of the coastal zone will require a Coastal Zone Permit. There are two types of permits required for development activities within the area of jurisdiction of the Commission. Major permits will be issued by the Committees of the C ZM Commission. Minor permits will be issued by the Commissioner of Conservation and Cultural Affairs. A small single family home is an example of the type of development requiring a minor C ZM_ permit. The provisions of the Open Shorelines Act, Subdivision Law, the Trustlands, Occupancy and Alteration Act, the Earth Change Law, and the Zoning Law are consolidated into the Coastal Zone Permit. Final Action Must Be Taken © Time limits, 90 days for a major permit, 60 days for a minor permit are instituted as well as an equitable appeal mechanism. The C ZM permit system is “impact oriented" with proposals being evaluated with respect to the policies contained in the C ZM Act. The Commission must hold public hearings on major permit applications and may require the dedication of a public accessway as a Condition of a major C ZM_ permit. Report Format The report has been divided into five parts: PART 1, Introduction and Overview; PART II, Context for Planning; PART III, The Management Program; PART IV, Envirormental 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 coasta? zone management 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, Tegal 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 has been prepared as a separate technical report. Efforts at Federal agency interaction and consideration of the national interest, and public and territorial governmental input are summarized in the Appendices. we 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 of coastal related activities and legislation. The structure of the Virgin Isjands 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, Eight, Nine and Ten. Chapter Five. Authorities and Organization sets forth the revised legal authorities and agency organizations pursuant to the Virgin Istands Coastal Zone Management Act of 1978. Coastal goals and policies, a revised coastal permit process, the establishment of a coastal commission and the role of the Department of Conservation and Cultural Affairs is outlined. In addition the extent of the’ zone boundary is delineated. Chapter Six is Areas of Particular Concern and Areas for Restoration and Preservation. Site specific designations and guidelines for uses in these areas of special importance are outlined. Use recommendations are given by island. Chapter Seven, Land and Water Use Plan and Development Guidelines illustrates a series of recommended land and water use catogories and uses for the shoreline. This chapter also outlines recommended development guidelines for certain types of coastal areas. Chapter Eight is Shorefront Access and Protection Planning - discusses provisions of the Virgin Islands Coastal Act as it relates to shoreline access and outlines the results of a shoreline/beach assessment, Subsequent recommendations are discussed and target areas pinpointed. Chapter Nine is Energy Facility Siting and Shoreline Erosion Planning. This chapter illustrates how energy facilities are sited in the coastal zone and the approach taken to mitigate shoreline erosion. Chapter Ten, National Interest.Federal Consistency outlines the national interest aspects of coastal zone management, and how the “Federal consistency" provisions of the national Coastal Zone Management Act relates to the Virgin Islands. Part IV contains a discussion of the environmental impacts associated with the implementation of the proposed Virgin Islands Coastal Zone Management Program as requirec by Section 102(2){c) of NEPA. ANE ot a gis vt ee a te as ES on ‘ee ee ce pass eee ECP aed eta Weage ie a ee Retin. aH 5 sar as ogre a ese weet 3 oT 2% vce Ear SS ue peas re iiss acne psa ot AreraBh sa ie ae ee sis bs ee $F NE Fans ait Se ie re ser sede na ais en ne e freer at; fete oa me ict cee aij posites co “eh A Ke! iy. 3 SS me ie: in ae eee % iis ss es vie a4 Re ce Se ay rat ters be eget di aia it ies ie ies ae ‘i fy Th TEXT Bw: ate ede ah ys Bae et PL er. wee = - ° CHAPTER TWO Study Precedures 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 Istands. 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 diagrammed 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, yisual quality assessment, and social and economic needs-demands analysis generate information that enables the require- ments of the program elements to be satisfied. The legal and institutional analysis was undertaken specifically to meet the authorities and organization requirement, and leads directly to the proposed orcanizational and authorities revision. The program elements of ed FIGURE 21 CZM PROGRAM DEVELOPMENT PROCESS MANAGEMENT PROGRAM OC2M PROGRAM ELEMENTS RECOMMENDED IMPLEMENTATION STUDY PROCEDURES CZM PROGRAM (REQUIREMENTS) MECHANISMS COASTAL GOALS, OBJECTIVES, REVISED ORGANIZATIONS BOUNDARY TERRESTRIAL INVENTORY POLICIES AND AUTHORITIES MARINE INVENTORY PERMISSIBLE USES MANAGEMENT BOUNDARY ZONING AREAS OF PARTICULAR CAPABILITY ANALYSIS CONCERN GENERAL LAND AND PERMIT SYSTEM ATTITUDE SURVEYS/PUBLIC WATER USE PLANS PUBLIC/GOVERNMENTAL PARTICIPATION/GOVERNMENTAL INVOLVEMENT ORGANIZATION AND AESTHETIC/VISUAL QUALITY AUTHORITIES REVISIONS FEDERAL INTERACTION ASSESSMENT AND THE NATIONAL ECONOMIC ANALYSIS INTEREST LEGAL/INSTITUTIONAL ANALYSIS SHORELINE ACCESS SITING OF ENERGY FEDERAL INTERACTION AND FACILITIES THE NATIONAL INTEREST COASTAL EROSION aN MANE NT FT PTE 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 praposed 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 af zoning revisions consistent with the general land and water use plan. The management program and the implementation mechanisms in turn have been developed in such a manner that they will satisfy and fulfill the program elements. Program Elements The Office of Coastal Zone Management in the National Oceanic and Atmospheric Adminis- tration (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 quidelines for plan development.were set forth by OCZM ina 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 ll 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-institue 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 arcnaeological sites, water and air quality, marine and terrestrial coastal environments, enyironmentally 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 has been compiled for publication as a Technical Supplement. 2. Capability Analysis. The Act also requires that use determinations be based, in part, upon “the capabilities of each resource for supporting various types of uses and the impact of various resource uses upon the natural environment," This analysis has taken the form of an assessment of the capabilities of the coastal environments to sustain 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. Legal-Institutional Analysis. A legal and institutional analysis was undertaken to assess the present legal authorities and organi- zational regimes with respect to the implementation of a coastal zone management program. A thorough analysis of all coastal related legislation was completed. The statutory jurisdiction and responsibilities of the various agencies of the Virgin Islands government were outlined. In addition, the report sets forth several alternatives for organi- zational and jurisdictional changes necessary to implement a coastal zone management program. This analysis has been compiled as a Technical Supplement to the plan. Public Attitude-Value Survey. In order to ascertain public sentiment regarding current and future coastal development, a household survey was undertaken. Random sampling procedures were followed to ensure that respondents were representatives of the Virgin Islands population 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 oyer-development were also indicated. Responses were analyzed on a Jerritory-wide, Island- wide, and sub-island basis as well as by a variety of demographic variables. This survey has been compiled as a Technical Supplement. Economic and Social Needs-Demand Study. The identiffcatton of the present activities and uses and anticipated future needs for the coastal zone is included in the program development, The informatian which was developed as a part of this economic overview has been used primarily as a frame-work for identifying critical future needs and areas subject to acute deyelopment pressures, The principal findings 13 en Se oe a 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 al] pertinent data currently available detailing population, employment, and earnings estimates for the Islands; 3) a review of ali recent research concerning general economic and business conditions including the tourist industry, government finances, port facilities development, cost of liying, and industrial incentive programs; 4) a detailed examination of all major planned or proposed public and priyate projects in the coastal zone; 5) an assessment of future use requirements for the Virgin Islands' coastal zone resources. 6. Coastal Aesthetics Assessment. A series of studies were conducted to identify those shore areas of high aesthetic value most in need of protection. After assessina variations in visual character. the entire shoreline r was categorized accordina to character-tvoe, These classes were then sub-divided according to amount of deyelopment 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. Publie and Governmental Involvement and Federal Interaction Federal interaction and public governmental involvement have served to generate input utilizea in developing permissible land and water uses, designating areas of particular concern, 14 developing site specific recommendations and a general land and water use plan, and developing organiz- ational and authorities mechanisms for implementing the program. The full text of these elements is found in Appendix A, and Chapter Ten National Interest and Federal consistency. 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 500 was compiled consisting of “affected” and other interested persons, and government 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 NOAA-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. The Technical Advisory Committee is a group of scientific and technical persons who provide input from their areas of expertise. The Open Beach Committee estab- lished pursuant to the V.I. Open Shorelines Act, advises on policy matters and the Interagency Coordinat- ing Group (monthly meetings of mid-level V.I. agency personnel) has been used to disseminate information concerning program development. FEDERAL INTERACTION AND THE NATIONAL INTEREST The CZMA also sets forth a new relationship between Federal agencies and the coastal states 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 15 celepae Ot from initial contact and request for clarification of their "interest" to nominations of areas 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 consultation 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 policies. 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- Jation and activities, the major legislative acts and existing authorities concerned with coastal zone management are documented. Finally, the major entities of the Virgin Islands Government which are involved in coastal matters are identified and their responsibilities are outlined. Resource Setting: An Image of the Virgin Islands The ¥irgin 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 islands'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 islands are located 1650 statute miles* from New York City, 1150 statute miles from Miami, and 550 statute miles from Port of Spain, Trinidad. (See Figure 3.1). St. Thomas is located 40 miles north of St. Croix. St. 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, al? 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 * | Statute Mile = 5280 feet. 17 FIGURE 31.1 THE US. VIRGIN ISLANDS Atlaritic Ocean > Run 18° 26' ~ yond? es u. ony Yieal® ~~ a os o™ nas) 2) RX . gt SesS; RS Amalie VES \. savana. Tl @! 18° 18' 1 urs 6 ST. THOMAS \@ $T. JOHN x\ @ frerch Cap = 18° to! 60° — mM Bina ¢, 76° tam ‘4 ? fv Pd i % ATLANTIC «a « AS OCEAN “7 Guba 18°02! 20° VIRGIN Hai San Te9 Gp Jamaica Puerto Rico Carribbean Sea Le, - i¢f SEA Bs CARRIBEAN we = 6 7° 54! —~—f 2" 4 Caracas * Oo. t% Z00Mme» Venezuela. (7° 46" CD Bk Island —— ge TN B) 65°08' 65° 00! Chrisfiansfed ay Frederiksied ST. CROIX { 0 25 10 OF 52° Mies 64°44’ lear er : 18 Pt Com 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 fs 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, af very high quality. For the istands 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 jn 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 Tagoons 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 utilizes the excellent sailing of the Sir Francis Drake Passage of the British Virgin Islands. In addition, environmental impacts from dredging and other coastal pollution could probably be felt in the coastal waters of the U. S. Virgin Islands. Thus, stronger coordination of coastal policies between the U, S. and British Virgin Islands is needed. The nearest point of the Island of Puerto Rico is 40 miles west of St. Thomas. On a clear day St. Thomas, St. Croix and St. John are easily visible from one another. There is, in fact, a very strong visual relationship between the U. S. Virgin Islands, the British Virgin Istands, 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 aver 20 percent. The steep hills rise to a maximum elevation of 1556 feet above sea level at Crown Mountain, on St. Thomas, 3 miles of shoreline is characterized by large expanses of steep rocky shoreline, an 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 eo, tranquility and beauty. The surrounding waters deserve special mention for their colors and clar:t’. St. John has just over 50 mites 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 jagoon), very steep cliffs in the northwest. an extensive salt pond-sand beach at the se:thwest 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. World record marlin catches and world famous scuba diving and snorkeling Tocations, 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 tn 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-iigration 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 Puerta 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 of 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 stay 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 reached 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 Oi] and Martin Marietta Alumina, In addition to C71 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 Jargest 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, 23 ‘of the employment total in recent years, and these workers comprised about 15 percent (5400 Self-employed, domestics, and unpaid family workers have constituted a sizable portion of employees) of the total in 1977. The actual size of the agricultural and fishing industries is difficult to determine since most of these workers are Self-employed or part-time only. Local 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 459 helpers in the islands, The ayerage 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 seyeral dairy and Jiyestock operations and some small scale truck farming, tnere is little commercial agricultural activity in the territory, There have been sharp increases in the unemployment rate in the past three years, from about 5.5 percent in fiscal 1974 (weekly ayerage 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 * sr iy’? was estimated to be about 8.5 percent (weekly ayerage 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, Crois ‘ith the re- mainder on St. Thomas and St. John. Thus, in order to maintain full employment, about 1200 new jobs must be added each year throughout the territory through 1985, EXISTING SHORELINE USES AND FUTURE NEEDS A summary of present shoreline uses and a brief assessment of likely future needs is in- cluded below. Recreation, Conservation and Open Space - The coastal zone is perhaps most widely used for recreation. The territory's fine sand beaches are enjoyed by residents and tourists alike for swimming, snorkeling, fishing, picnicking, sunbathing, or jogging. Offshore waters provide some of the best boating, sport fishing, and diving in the world. Harbor and waterfront areas supply 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, very little of the shoreline is protected for conservation use. However, a territorial park system is being planned which could increase the amount of shoreline set aside for conservation and recreation in the future. Recreational Boating - The growth in the popularity of water sports, especially charter boat sailing and sports fishing, has resulted in the development of approximately 20 marina and boat yard facilities in the Virgin Islands cver the past 15 years. While the water sports industries and related facilities are primarily tourist-oriented, they also serve many island residents. Because of its proximity to the excellent sailing and fishing waters of the offshore cays and the British Virgin Islands, the St. Thomas boating industry has flourished. Extensive marina development has occurred in the East End, notably in the Vessup Bay and Benner Bay areas of the island. Estimated boat population in the Yessup Bay area has increased from 15 in 1962 to 105 in 1975. Increases in the Benner Bay - Lagoon Area have been more dramatic, from 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 redevelopment 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. dotn. 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 al] 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 development. Oil Refineries - The Hess Oi1 Virgin Islands Corporation operates a 750,000 barrel per day oi] refinery on the south shore of St. Croix. In addition to the Hess refinery, all necessary permits have been approved for the construction of a 200,000 barrel per day refinery (VIRCO) 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 produce about 70 percent of total output of the Los Angeles refineries. Tourist Accommondations - 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. 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 F fee geese Mb The West Indian Company has proposed new facilities -for Long Bay - Charlotte Amalie Harbor. The V. 1. Port Authority has proposed new facilities for 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 nighway 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 which are directly related to the fishing industry include the commercial marinas and boat yards throughout the territory as well as numerous areas along the urban waterfronts which are used for selling 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 : . x are located at Krum Bay with water storage tanks nearby in the Subbase area. 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 contemplated. *The U.S. Army Corps of Engineers is currently studying the feasibility of an under sea water suppiy line between Puerto Rico and the Virgin Islands. a7 Groundwater supplies now being developed on St. John will eventually be usedto replace the barged water supply. The wastewater collection and treatment systems on St. Croix are nearing completion and no major extensions are planned. Two additional treatment systems will be added for the East End of St. Thomas, in the Smith Bay area, and a large treatment plant in Bovoni in the vicinity of the Mangrove Lagoon. This latter system 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 5t. 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 involyed, 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 and sites will be available only at very highprices. The topography of many coastal areas precludes their use for intensive residential development; therefore, most new housing must be located inland, 28 Present and Future Shoreline Uses The economic and population growth that has occurred in the Virgin Islands since 1960 has rasulied in cxtensive 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 Tand 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 conditims. The present Zoning Law was enacted in 1972 (Act. No.- 3284). All zoning changes or amendments require legislative and gubernatorial approval. The Department of Public Works. throuch 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- vont reviews all permit applications, issues all certificates of occupancy, interprets the zoning aistrict 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 af 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 ali decisions, A two-thirds majority vote of the members of the Board is required to reverse an order of 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 prcposed amendments to the Zoning Law and Zoning District Maps. 29 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-1 and A-2) - The primary purpose for the A-1 District is to maintain potential agricultural Yands. 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 dwelling units per jot. Residential Low Density (R-1 and R-2) = The minimum lot size for. the R-1 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-1, the central business districts, to B-4, business-residential areas. These districts cover a range of business activities from downtown shopping areas to neighborhood convenience centers. Commercial District (C) - The commercial zone includes those uses which are business-oriented but with some characteristics of light industrial activities. For example, these uses include such activities as service stations, automobiles dealers, warehouses, and laundries. Many of the per- mitted uses in the commercial district are also included in the liqht industrial zone (1-2). *These figures were included in the Draft £15 1977 39 SOUT os 1 ze Industrial Districts (I-1 and I-2) - The heavy industrv zone. I-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-1 and W-2) - The law establishes two waterfront districts, W-1 Water- front-Pleasure and W-2 Waterfront-Industrial. The W-1 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-1 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-1 parcels. Excluding the Charlotte Amalie town area, shoreline zoning is characterized by exten- sive low density residential districts (R-1 and R-2) with numerous smaller enclaves of medium density residential (R-3) and waterfront-pleasure (W-1}. All of the offshore islands and cays are zoned R-1 or P. More than one-half of the land area of St. John is National Park Service land and is zoned P, There is very little development of any kind within the park. Most of the inholdings are low density residential areas (R-1 and R-2). For the island as a whole, about 42 percent is zoned R-1 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 fewacres 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 “ith two-thirds of this zoned for heavy industry. The waterfront districts are about 2 percent of the total area. The W-1 district makes up almost all of this total. The St. Croix coastline is 3] characterized by large areas of low density residential Zones with large public, industrial, and agricultural districts along the south shore. There are fewer W-1 Districts on St. Croix than on St. Thomas; however, the total W-1 acreage on St. P* oF a 3g ey wa ST. THOMAS ST. CROIX . Christiansted Waterfront 1. St. Thomas Harbor and Waterfront 2. Botany Bay (APR) * . Southgate Pond - Cheney Bay (APR) 3. Magens Bay and Watershed St. Croix Coral Reef System (APR) 4. Mandahl Bay (APR) East End (APR) . Great Salt Pond Bay (APR) 5. Vessup Bay - East End 6. Mangrove Lagoon - Benner Bay (APR) . Southshore Industrial Area . Sandy Point ST. JOHN . Frederiksted Waterfront . Salt River - Sugar Bay (APR) 1. Enighed Pond - Cruz Bay 2. Chocolate Hole - Great Cruz Bay (APR) 3. Lagoon Point - Coral Harbor (APR) 87 Bee Downtown vehicular congestion and Tack of adequate parking space are serious problems in the area and are impediments to waterfront redevelopment. The removal of heavy cargo 8 traffic associated with the Gallows Bay Port may decrease this traffic congestion somewhat. At present, much of the jast 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 pedestrian movement and is incompatible with the scenic character of the National Historic Site. Several alternate parking schemes and sites have been suq- gested 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 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 signifi- cant 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 con- structing 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 igs maintained and that safe and adequate access to the entire waterfront is available. Any maintenance dredging which may be required should be undertaken only after careful study. In order to protect the remaining habitat for the endangered wildlife and to maintain the scenic quality of the waterfront, it is recommended that any development activities that take place on Protestant Cay be carefully designed and sited. 88 Lr REF (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 ] imited 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 smal] boat mooring and repair. Altona Lagoon is connected to the sea by a smal] channel located just east of the Galtows 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 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 primarily for recreational boating upon completion of the new southport. New or expanded marina sites should be developed within Gallows Bay. AJ] heavy cargo operations should be relocated to the new Southport location. Adequate docking and storage area for the small inter-island trading vessels should be maintained. The area used for small fishing boats should be improved by developing adequate docking, mooring, and land based facilities. Altona Lagoon should retain its function primarily as a natural scenic area. The entire perimeter of the Lagoon is fringed by mangroves. Circulation within the Lagoon should be improved by removing obstructions from the channel which connects with the harbor. A feasibility study should be done to determine if a portion of the Lagoon could be utilized as a marina and small boat anchorage. In addition, the possibility of improving the beach and recreation area should be investigated. 89 (c) WESTERN CHRISTIANSTED HARBOR This large area of undeveloped filled Tand extends westward 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 pre- liminary plans for "Christiansted West Waterfront Park," 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 accomplished as expeditously as possible. The plans developed by the Department of Conservation and Cultural Affairs for "The Christiansted West Waterfront Park," should be implemented. When @ public beach site for this area is identified, steps should be taken to improve the quality of the beach and adjacent water. (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. Recommendations: The eastern portion of the former Southgate pond should be preserved as a wildlife- educational and research area. Public access to the Cheney Bay Beach should be secured. Cheney Bay should be acquired and developed as a public beach facility. 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) ST. CROIX CORAL REEF SYSTEM The best example of coral reefs in the U.S. Virgin dslands is found offshore of St. Croix. These 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's 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 sunlight is essential for the development of algal ridges. On the northwest shore the sea floor drops off abruptly, producing an unusual type of Reef System. The deep water reefs between Cane Bay and Davis Bay are the best examples of this marine environment in the U.S. Virgin Islands. 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, and the reefs between Cane and Davis Bays. Recommendations: This portion of the St. Croix coral reef system should be preserved as an underwater park and placed within the Territorial Park System. (4) EAST END The extent of this APC includes all of the East End from Hughes Point northeast to Cramer Park. 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. Issac and Jacks Bay Beaches and coral reef systems are considered as one of the best snorkeling spots in the Virgin Islands. The entire East End area is presently owned by the Virgin Islands government and Fairleigh Dickinson. 91 Recommendations: The East End should remain in its present undeveloped state, and integrated into the Territorial Park System. (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 in- cluded in the project. No construction activity has yet begun. b) Hess Oi] Virgin Islands Corporation (HOVIC) - The 750,000 barrel per day refinery here is one of the largest in the world. The Hess Port facilities are extensive and are large enough to accommodate al] conventional oil tankers. Very large Crude Carriers (VLCC's tankers larger than 200,000 DWT) use the port only after being lightered offshore near 92 i i i i ARERR AED me ane cepa ee = Frederiksted. All necessary permits for the construction of a crude oi] terminal and submarine pipeline 2 miles offshore have been issued. The VLCC's would be unloaded at this offshore terminal, thus foregoing the need for lightering the tankers. New oublic port facilities are being constructed by HOVIC between the existing Hess and Martin Marietta ports. The Army Corps of Engineers issued a permit in October 1976 for the offshore terminal. 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 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 plait just east of the Martin Marietta channel opening. The Authority sold this plant to the Dominican Republic in 1977. 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 abattoir is also situated nearby. f) Wastewater Treatment Plant - A large wastewater treatment plant with ocean outfall is located near the sanitary landfill. Ultimately, almost al? 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 waste- water 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. The Mangrove shoreline in this area is still healthy and productive. 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 oi] spills along the entire south shore. The volume 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 93 is that of waste discharge including chemical, and thermal wastes from the industrial plants, the sewage treatment plant, and the solid waste disposal site. The Mangrove areas near Martin Marietta and Manning Bay are also vulnerable to industrial impacts. Recommendations: It is recommended that special procedures be established for monitoring the environmental impacts, especially water and air quality impacts associated with the south shore industrial area. There- fore, future development should be in close coordination with the Department of Conservation and Cultural Affairs. Oi1 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. Existing mangroves at Manning Bay should be protected. (7) SANDY POINT Sandy Point is a penninsula of approximately 500 acres at the southwest tip of St Croix. Sandy Point is both an important natural area and an area that has potential for develop- ment. Within Sandy Point are: 1. The largest salt pond in the Virgin Islands 2. The longest beaches in the Virgin Islands. The beaches at Sandy Point are im portant recreational areas and important sea turtle nesting sites. A .8 mile stretch of beach at Sandy Point is the only known beach under U.S. jurisdiction used extensively for nesting by the endangered Leatherback sea turtle. In 1977 this portion of Sandy Point Beach, .8 mile long by .1 mile wide, was declared to be an Emergency Critical Habitat by the Fish and Wildlife Service. The adjacent waters have also been proposed for designation by NMFS. 3. Onshore and offshore sand deposits that may be exploitable. Recommendations: The .8 mile by .1 mile portion of Sandy Point Beach has been declared a Critical Habitat for endangered species of sea turtles by the U.S. Fish and Widlife Service and is of national signif- icance. Designation of the adjacent waters has been proposed by NMFS. Purchase of this portion of Sandy Point by the U.S. Government is strongly recommended. Funding for the purchase of the critical habitat area should be sought under provisions of the Endangered Species Act. Development permitted on Sandy Point should be carefully planned, sited and designed in order to protect the unusual number of valuable recreation, environmental, and scenic resources. A sand survey conducted by the Department of Conservation and Cultural Affairs and federal agencies 94 crt prin Wshivamare renege Athlete moet spapgine ont f , should be encouraged and supported. Sand mining after the necessary environmental assessments may prove feasible for both off-shore and on-shore areas at Sandy Point. Alternatively, the U.S. Department of the Interior suould designate the entire Sandy Point penin- sula as a Nationa.] Recreation Area of Seashore encompassing the beach, salt pond, land, and water areas of approximately 500 acres. (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 avajlable, 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 downtown waterfront area is not heavily used and most of the shoreline here is occupied by park 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 revitaliza- tion plan for Frederiksted include the following elements: (a) Active encouragement of cruise ships to visit Frederiksted, repairs and improve- ments to the existing pier, construction of a visitor center plus other waterfront amenities for both visitors and residents; (b) Development and improvements of Frederiksted beach and the waterfront park with special emphasis upon the integration 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 con- struction encouraged to Tocate adjacent to the cruise ship area. (9} SALT RIVER - SUGAR BAY Salt River is one of the few major mangrove lagoons remaining in the U.S. Virgin Islands. It is the largest on St. Croix and is an important habitat for many species of marine, bird and terrestrial wildlife. The area, also has important scientific, educational and cultural values. 95 Located off-shore at the mouth of Salt River is a well developed reef system and submarine canyon. Fairleigh Dickinson University has an important underwater research Station here. Because the Lagoon is well protected it serves as a hurricane hole for boats during storms. To provide more permanent anchorage, work on two marine projects was initiated. A great deal of shoreline alteration occurred (through dredging, filling, bulkheading), but both were abandoned for economic reasons. A third marina project has been proposed. Finally, on the northwest side of Salt River is a National Historic Site commemorating Columbus Landing in 1493. Recommendations: The natural, scientific, educational scenic and historic values of this area should be protected and consideration should be given to incorporating part of the area into the Territorial Park System. Marina, resort and other related development can be accomno- dated with proper planning, design, construction and operation. It is preferable that Marina type projects Tocate in the areas which have already been significantly altered. ST THOMAS (1) CHARLOTTE AMALIE HARBOR AND WATERFRONT a) West Indian Company and Vicinty The area in the vicinity of the West Indian Company docks is one of the most heavily used of the St. Thomas waterfront. The company properties include the best equipped and most extensive passenger and cargo handling facilities in the Virgin 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 at] 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 96 "gies ? 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. 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 bulk- headed area along the downtown waterfront. These activities plan 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, con- tinued 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 West of the Frederiksberg Point and extending to the vicinty 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 commerce activities should be pro- tected 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 French- town is used for transportation services, traditional fishing and boating activities, and for marina facilities. Most of the available shoreline is presently developed. In addition, 97 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 re- presents a potential safety hazard to both boat traffic and incoming airboats. 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 water- front. The shoreline uses in this area range from container ship facilities to derelict ship and auto dumping. The sand-fil] 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 greatést potential site for industrial and commercial develop- ment 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 98 hee meas ethical HAAR SONI atten a 2 ey TRU ee do mete Biba eee an REALS REBAR Pap bone cargo handling and industrial and commercial space wil] almost certainly require the re- development of this area. Because of the limited areas available for this type of develop- ment, it is probable that competition for Crown Bay locations will become much more in- tense over time. The Port Authority has recently completed a detailed study outlining possible re- development 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. 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 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 materfals such as sand and fuel are also unloaded and stored here. The Authority's sea water intake pipes are located just offshore. Al] 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. 99 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. The Omnibus Territories Bill provided authorization for the purchase of most of the island by the National Park Service with the approval of the President. Recommendations: The present character of Hassel Island should be maintained. Water dependent uses such as reviving and restoring Creque's Boat Yard or the mooring of small boats in Careening Cove should be allowed. Portions of the island should be considered as prime addition(s) to the Territorial Park System or National Park Service Holdings. g) WATER ISLAND Water Island, southwest of the entrance to St. Thomas Harbor, is the fourth largest island in the Territory (500 acres). The istand is Federally owned and, as such, is an “excluded Federal land," not subject to provisions of the Virgin Islands CZMP. Based upon the findings of the Federal consultation-coordination element of the pro- gram, it does not appear that the istand 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 develop- ment 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 100 i } 2 t A é i 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." Negotiations between the owner of Estate Botany Bay and the Virgin Islands Government are in progress. Possibly certain portions of the estate will be donated to the Terri- torial Park System. In addition, public access rights to Sandy Beach may be granted. Recommendations: It is strongly recommended that Estate Botany Bay, including the offshore reefs, be included &n the Territorial Park System. The archaeological 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 pro- tected. Public beaches within Estate Botany Bay should be secured by the government. (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. 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 101 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. Recommendations: Viewshed/Watershed Management - The viewshed (the area of Lerkenlund, Misgunst, Canaan, Lovelund and Peterborg Peninsula) from Drake's Seat seaward should receive careful manage- ment. 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 Assess 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. The Magen's Bay Authority currently charges 50 cents per person plus 50 cents per vehicle to enter the beach. While this fee may be necessary to underright the costs of beach maintenance it is nevertheless excessive for many island residents. In addition, the imposition of a beach user fee by the Magens Bay Authority - a public agency - sets a poor precedent that may induce other beach facility owners to assess a beach user‘s fee. A portion of the administrative CZM (306) funding and possibly staff from the Depart- ment of Conservation and Cultural Affairs should be made available to help maintain Magens Bay Beach. 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 in- accessible location preclude the future use of this area as a marina. 102 Oe Lae aaa feed 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. (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 fet eb ee ARERR A: an oes ‘ development, such as the new Red Hook shopping center, numerous marina developments, Eudora © Kean High School, and the Red Hook-Cruz Bay ferry dock al] are located in or adjacent to Vessup Bay. Many hotels and condominiums are also located on the east end of St. Thomas. er Sens 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. API ce Recommendations: Fi 4 ? FE 13 £ = F Bi The expansion of boating facilities at Vessup Bay should be encouraged. The existing ferry boat dock should be improved and enlarged. There are plans to open the salt pond 103 adjacent to the ferry dock and to develop a marina and associated facilities. This pro- posal has been issued an Army Corps permit but it is unlikely that the project will become a reality. As soon as the Army Corps permit for this project expires, any future plans the Red Hook salt pond must conform to the policies of the Coastal Zone Management Act of 1978 and will require a Coastal Zone Management permit. Mueller Beach and Vessup Beach are excellent recreational beaches located in Red Hook Bay. Public access to both beaches is currently limited since the uplands behind the beach are in private ownership. Access to Mueller and Vessup Beaches should be secured. (6) JERSEY BAY: MANGROVE LAGOON/BENNER BAY Mangrove Lagoon/Berner 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 piers. Where the water is shallow, propeller backwash (blow-out) is utilized to dredge the bottom. Some of these illegal users cannot find adequate docking Space, some cannot bear the financial cost, and others have merely taken advantage of the previously inaequate 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 Development Guidelines section of Chapter Seven should be stringently enforced in the Mangrove Lagoon area. A portion of the Mangrove Lagoon area should be preserved. The proposed boundary of the mangrove preservation zone is as follows: 104 A line from the coastal road through parcel number one, to the northeast point of Bovoni Cay shall divide the mangrove preservation zone from the area of permitted marina development. Land to the west of this line will be within the mangrove preservation zone (this boundary approximates the line dividing the present W-1 zone from P zone on the zoning map).1 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 farmer lagoon area between Antilles Yachting and Compas 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.9., 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. Watershed management of Turpentine Run gut and other water courses is needed to protect the water quality of both the Lagoon and Benner Bay. ST. JOHN (1) 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 Proposals included in this Master Plan are: a} to improve and develop Enighed Pond to include a marina, dry boat storge, 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. | A simitar 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. 205 & Recommendations: “bs 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 enforced. Plans for the wastewater treatment plant should be reviewed to insure that this activity will not interfere with future development. It is also recommended that ferry boat docking be relocated to Little Cruz Bay (Creek Area). This measure whould 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 Littie 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. (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 developments. 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. Recommendations: Generally, the policies outlined in this program should suffice to insure that develop- ment 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 Aithough 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 106 ot UE wR teeth eee al sot aie 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 lagoon and salt pond can ail 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. Coral Bay is the population center of the East End of St. John. Inner Coral Bay Harbor is the site of an illegal fill project as well as a U.S.D.1. Fish and Wildlife Service mangrove restoration project. The best storm anchorage in the U.S. Virgin Islands for larger boats and ships, Hurricane Hole, is located east of Coral Bay. Recommendations: The CZMP strongly endorses the inclusion of Lagoon Point into the Territorial Park System. Careful park management to balance utilization with protection will be needed. It is strongly recommended that Lagoon Point serve as an Environmental Studies Program outdoor classroom to expose students to the lessons to be learned from this area. It is also strongly recommended 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 Hurricare Hole for fishing, recreational boating, and as a storm anchorage should be maintained. 107 Spann en een eens Pe cea ENA ea BAD ADNAN det ey eR OH huge ants AE a ybrve . Per CHAPTER SEVEN Coastal Land and Water'Use Plan This chapter presents the coastal land and water use plan and further development guidelines for the first tier of the coastal zone. The land and water use plan has been adopted by the VICZMA for guiding future coastal development. Aseries of guidelines pertaining to the conduction of activities in certain coastal environments is outlined. The guidelines have been developed following the resource capability analyses, public preference assessments and other technical analysis outlined in Chapter Two, Study Procedures. These recommended guidelines can assist in developing criteria for issuing coastal permits and developing rules and regulations pursuant to section 904(f) of the Coastal Act. Land and Water Use Plan Section 907 of the Coastal Act adopts the Coastal Land and Water Uses Plan (CLWUP) to be used as a Tong range guide by the Commission, Commissioner, Virgin Islands Planning Office, and any other agency of the government of the Virgin Islands for the following purposes: 1) reviewing and recommending zoning amendments; 2) reviewing and recommending capital improvement programs and projects; 3) reviewing and recommending public land acquisition or disposition; 4) designating areas of particular concern; and 109 5) reviewing other development activities in the first tier coastal zone that do not require a coastal zone permit. The Land and Water Use Plan is intended to serve as a long range planning guide for the future of the first tier coastal zone. The long range actions of the Coastal Zone Commission and the Government of the Virgin Islands should conform to the pattern indicated by the land and water use plan. The day to day permit decisions of the Commissioner of Conservation and Cultural Affairs and the Coastal Zone Commission will be guided by the goals and policies as stipulated in the Coastal Zone Management Act of 1978. The Coastal Land and Water Use Plan is not intended to change any of the existing zoning districts. The Legislature may amend the Land and Water Use Plan by following the same proce- dures and requirements that are necessary to amend the zoning law, which includes public hearings. The Coastal Land and Water Use Plan maps graphically represent the recommended future uses of the first-tier. Nine land and water use categories were developed spanning a continuum of use of intensity ranging from preservation (no development) to industrial (high intensity). r The process of designating each section of the first tier into one of the nine use categories included (see Chapter Two, Study Procedures): 1) technical studies such as an economic Impact Report and a Resource Inventory; 2) designation of Areas of Particular Concern; 3) capability of each coastal environment for various uses; and 4) public review through meetings and hearings. Based on the suitability, one of the nine broad categories was assigned to each section of the first tier of the coastal zone. The following is a description of the use categories, a general list of the type of permitted activities, and the coastal environments most often associated with the use category. 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, 110 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 temper- ature, salinity, turbidity, euthropication and effluent discharges. Reefs protect shoreline areas by abatement of waves, and most species of finfish and shellfish either live on the reefs, or depend on them for nutrients. Salt ponds have a high vulnerability to physical alteration with sediments unsuitable for foundation. Salt ponds function as natural run-off retention basins. Most of these areas should be preserved in their natural condition The best uses for this district consist of passive recreation, scientific research, education, and carefully planned environmental restoration programs. CONSERVATION, RECREATION, TRADITIONAL USES DISTRICT This district consists of areas where present functions and uses should be continued. These areas include sand beaches, many of which are being utilized for receational uses, and portions of urban waterfronts including sections of the shoreline devoted to traditional highly valued activities such as fishing, boating and docking, and agricultural uses. Many of the beach areas are highly mobile, and serve as buffers to protect shorefront property from wave action. They are vulnerable to aesthetic intrusions the impact of vegetative clearing 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 areas are available for public use and it is anticipated that the need for these areas will increase. Further- more, many beaches, urban waterfronts, and sections of the shoreline, are areas of traditional activities. The best uses for this district are generally the existing uses or activities. Recrea- tional beaches, waterfront parks, and waterfront markets, are typical examples. Ancillary 111 structures closely related to the function of these uses such as accessways, boardwalks, and park fixtures are acceptable. 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 suscepta- bility to erosion upon site disturbance and high potential for creating unpleasant appearance 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 requir- ing extensive site coverage. The best uses for this district include carefully designed and sited one or two family detached or attached residential units. Clustering units should be encouraged to minimize r the various impacts of development, including sprawl. i RESIDENTIAL, MEDIUM DENSITY DISTRICT ere This district consists 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 seams. this district have been already developed for such purposes and some further development to i accomodate additional housing and resort developments would be encouraged. Uses suggested for this district are generally those permitted in the R-3 Zone district such as condominiums and hotels. RESIDENTIAL, HIGH DENSITY DISTRICT This district covers a very small area presently devoted mainly to large hotels and high density apartments (R-5 Zoning), condominiums, and ancillary structures and uses important to the tourist industry of the Virgin Islands. 2 Peg eat RRO LTS LS Ue NCHA Caer ane wan ee LEE Se RATHER OPO ES ARE oEeeT WATER DEPENDENT AND RELATED COMMERCIAL-MARINE FACILITIES DISTRICT This district consists of areas best suited for non-industrial but commerical uses which require direct waterfront access, such as marinas, docks and associated facilities for cruise ships. These uses are vital for the Virgin Istands and there is a need to accommodate some growth in these activities. Suitable sites for these activities are ones where 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 perturbations. 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. Typical uses for this district include cruise ship docks, cargo docks, and marinas. WATER DEPENDENT AND RELATED INDUSTRIAL-MARINE FACILITIES DISTRICT This district consists of those areas needed to accommodate industrial uses which require direct waterfront access, such as oi] ports and desalinization plants and eneray facilities. COMMERCIAL AND INDUSTRIAL DISTRICT These districts contain existing uses which are non-water dependent. In most in- stances these districts are located in the coastal zone, but not along the shoreline. This district includes areas presently zoned B,C, or I. FEDERAL LANDS AND SUBMERGED LAND AND WATER Land and submerged land owned by the United States Government is excluded from the direct control of the Coastal Zone Management Program. Those areas owned in fee simple by the U.S. Government are indicated by the shaded areas on the land and water use maps. While 113 Oa. federal lands per se are excluded from the Coastal Zone Management Prcearwr., Federal activities are to be, to the maximum feasible, consistent with the management proq-=ar. IMPLEMENTATION OF THE COASTAL LAND AND WATER USE PLAN The primary responsibility for the implementation of the Cractal Land and Water Use P.lan will be delegated to the Coastal Zone Management Commission ev the Planning Office. All amendments to the zoning maps, capital improvement projects, and Tat acquisitions will be reviewed by the Commission for conformity with the Land and Water ts@ Filan. Prior to the Budget Office recommending capital improvement programs the Commissio~ w- 17 be given the opportunity to make a review and comment on such programs to ensure ccoms~stency with the Land and Water Use Plan. The Land and Water Use Plan will also be used by <7 Commission in the process of issuing certificates of Federal consistency. All Federal ec=‘vities must, to the maximum extent feasible, be consistent with the management program. ~"~s includes Federaily funded capital improvement projects as well as all Federal permits. ‘*2c7efore the Commission will use the Land and Water Use Plan in addition to the goals and poliz-=s of the management program in making their determination of Federal consistency. Guidelines The following is a Set of guidelines for development in specific czastal environments. These guidelines were developed to be consistent with the coastal gozis and policies, and can serve as a basis for developing the rules, regulations and standards for issuing coastal permits. STEEP AND LOW RELIEF SHORELINES Steep slopes are most appropriate for low intensity uses, water dependent recreation, conservation and watershed protection, siting navigational aids, controlled grazing and low density residentiai development. 114 mere matt ane The most appropriate uses for low relief shorelines are grazing, agriculture, conservation and low and medium density development. Areas of severe building constraints should be utilized as greenbelts by zoning for open space, fee simple acquisition, or purchase of scenic easements or development rights. Structures should be regulated with respect to height restrictions, setback, site prepara-~ tion and landscaping and color, particularly on the crest of hills, ridgelines and other highly visible and/or aesthetically vulnerable areas. Development should be clustered to minimize visibility and more efficiently utilize land. DEVELOPED BAYS AND SHORELINES The urban waterfront should be reserved for recreational and traditional uses, conserva- tion, water dependent commercial activities, navigational aids, limited cruise and passenger facilities and other water dependent transportation. The management program should be closely related and coordinated with Historic District activities of Charlotte Amalie, Christiansted and Frederiksted. Waterfront parks should be given greater attention. Existing parks should receive prior- ity from Conservation and Cultural Affairs beautification funds. An effort should be made to create new parks, even vest-pocket parks, along urban waterfronts - especially in the many areas in which re-development is anticipated. Developed industrial areas should be reserved for water dependent transportation and port facilities, water dependent/related uses, special needs, heavy and light industry, and utilities siting. Developed bays should be reserved for port and marine facilities, industry, hotels and water dependent uses, and where appropriate, waterfront recreation. Marina capacity should be increased by the use of dry-land storage areas, with careful landscape integration to eliminate extensive docks and slips. Because of limited circulation and existing pollution load, developed bays should not be considered for direct waste discharge of any type. 115 9LL TABLE 7.1] COASTAL LAND AND WATER USE CLASSIFICATION SYSTEM LAND AND WATER USE CATEGORY Preservation Conservation, Preservation, Traditional Uses Protection, Residential/Low Density Residential Medium Density Residential High Density Water Dependent and Related Commercial and Marine Facilities Water Dependent and Related Industrial Marine Facilities Commercial Industrial COASTAL ENVIRONMENT Mangroves Salt Ponds Reefs and Algal Ridges Urban Waterfronts Marine Meadows and Algal Plains Beaches Reefs Sait Ponds Steep Slopes Low Relief Low Relief Beaches Developed Developed Developed Shorelines and Waters Sand Bottoms Developed Developed Developed USES, limited passive recreation and scientific study agriculture/mariculture water dependent recreation traditional docking and fishing low density residential (one and two family dwelling), Agriculture medium density residential (multi- family dwelling unit) hotel/resort hotel/resort, high residential (multi- family dwelling unit) development low intensity port and marine and commercial facilities, ‘hat require a coastal location (maginas, cruise ships mining ) high intensity port and commercial and industrial uses that require a coastal site (container docks, water and power plants) business and other commercial uses: not requiring a coastal location (warehousing, retail business) industrial uses not requiring a coastal location BEACHES All sand beaches should be conserved for recreational purposes. Other appropriate beach uses are traditional docking and boating and navigational aids. Beaches not designated as recreational, may be designated for a wider array of water dependent uses, consistent with other policies and recommendations. Dredging in bays with beaches should not be allowed, except under carefully planned and monitored conditions. Shoreward earth change and drainage modifications must be controlled to protect beach areas from pollution by storm runoff. Structures (pipes, docks, groins, walls) should never be constructed across, or at right angles to, a beach unless careful, extensive study of a lTongshore sand transport regimes in- dicate they will be innocuous or advantageous. Sand should not be removed from beaches. Structures in beach areas should be regulated with respect to color, height and vegetable screening, and landscaping. MANGROVES The remaining large mangrove areas {especially Salt River, St Croix and Jersey Bay, St. Thomas) should be placed in the territorial park system. Their development should be res- tricted for recreational, aesthetic and research and teaching use. Only minimal, carefully planned construction, compatible with their protected status, should be permitted. As a rule, dredging and filling should be prohibited except on a small, carefully con- trolled scale and only if thorough study has indicated the absolute necessity for some purpose which is consistent with protective management. Sport fishing may be permitted, but it may also be necessary to specify allowable areas, and fishing gear. Boat traffic within the area must be strictly controlled. Some portions may be opened to small outboard powered boats, while other areas (shallows, quiet waters, muddy bottoms) should be closed to all motor boats. 17 Points for small boat docks, launching ramps, and other access structures should be care- fully selected and structures carefully planned, constructed, licensed, and managed. No waste discharges or pollution substances of any kind should be permitted into the area. Upland sewage systems should provide for treatment or recycling which will not allow seepage of effluent to shore waters. Development guidelines should be promulgated for the watershed which drains into the man- grove areas in order to control the volume of runoff. By zoning, licensing, or other appropriate controls, buffer zones should be maintained adjacent to the mangrove area to minimize runoff, erosion, and air or water pollution which may adversely affect the mangrove area. Impervious surfaces (asphalt, concrete, etc.) should be kept to a minimum and provisions made to impound runoff from such surfaces and store it for use Or percolate it into the soil. Within the context of the recommended protected status, the natural attributes of the two large mangrove areas(Salt River and Jersey Bay) should be developed for multiple uses to translate these attributes into useable social resources. Use of the areas could include passive recreation (nature trails, underwater trails, hiking), controlled fishing, swimming, and educational study. SALT PONDS The most appropriate and highest priority use for many salt ponds is the preservation and maintenance of their function as sediment traps and wildlife sanctuaries. Management of salt ponds should be undertaken on an individual basis with the impacts of modifications assessed. The relationship of each pond to the surrounding watershed should be determined. This consideration may determine whether or not pond modification is advisable and what alternate or restorative drainage provisions are required. No waste discharge or dumping shouid be permitted. Watershed drainage and runoff patterns which would adversely affect ponds should not be permitted. 118 MARINE MEADOWS (GRASS BEDS) Priority uses for marine meadows and algal plains are conservation (with limited fishing) and carefully monitored mariculture. Any uses in or adjacent to marine meadows and algal plains that create chronic, heavy turbidity or otherwise impede sunlight penetration, or cause perturbation, should be prohibited. In cases where marine grass beds or algal plains must be damaged during construction of projects not contrary to the public interest, project design shall include re-establishment of bottom conditions favorable to natural regeneration of sea grasses. Unless a bay has been committed specifically for anchorage areas, boat density should be specified. Fixed moorings, privately or publicly maintained and leased, are essential. SAND BOTTOMS Because a critical shortage of sand and aggregate material exists in the Virgin Islands, it is recommended that further detailed studies be conducted to locate areas that are environ- mentally and economically viable for extraction. Use options should be considered in light of the relatively tolerant quality of the habitat. The uses of sandy areas should be consistent with maintenance of adjacent reefs, beaches, grass beds, etc. CORAL REEFS AND ALGAL RIDGES As with salt ponds, the importance of coral reefs and algal ridges should be assessed on an individual basis to determine the value to ecological systems and man. Certain areas should be given high priority for preservation and conservation, particu- larly those with high aesthetic and natural resource attributes, or where wave abatement is necessary. Uses such as recreational diving, mariculture, siting navigational aids, and recreational and traditional fishing should be encouraged and permitted where appropriate. Localized development of marine parks and underwater trails in conjunction with sound environmental management practices may be permitted. 119 Except where absolutely necessary, reefs and ridges should not be subjected directly to filling, cutting, blasting or waste discharge of any types Chemical or thermal discharges should not be permitted. All shore and water related developments should be evaluated for their relationship and possible effects upon adjacent coral reefs and algal ridges. There should be strict enforcement of the Earth Change Law and revegetation required for all inland development to prevent excessive siltation and sedimentation. Salt ponds and mangroves, with their natural capacities as sediment traps and filters, should be maintained to insure that water quality parameters necessary for reef and algal ridge survival are preserved. OFFSHORE ISLANDS AND CAYS In keeping with their importance as wildlife habitats, their generally “wild" and remote character, and the recommendations of the Department of Conservation and Cultural Affairs, certain cays should be set aside as inviolate wildlife sanctuaries. Other publicly owned cays should be developed for multiple use as recreation and nature areas, or as a wildlife area. For those cays and islands where development is permitted, site preparation and develop- ment design guidelines should be developed and strictly enforced. 120 wrens severe, CHAPTER EIGHT Shoreline Access This chapter represents a portion of the development of the shorefront access and pro- tection element of the Virgin Islands CZMP (pursuant to Section 305(b) (7), CZMA Amendment of 1976, P.L. 94-370). This chapter focuses on the shorefront access aspect. It presents a brief legal analysis of the shoreline access issue, defines shoreline, outlines enforceable policies, identifies critical access areas and identifies funding sources. The development of a process for the protection of shoreline areas of environmental, aesthetic, recrea- tional historical, cultural and ecological value are demonstrated in other sections of the Program. Goals and policies related to shorefront protection are contained in Chapter Five, Authorities and Organizations of the program and Sections 903 and 906 of the Virgin Islands Coastal Zone Management Act (VICZMA). Designation of areas for shorefront protection and guidelines on use are found in Chapter Six, Areas of Particular Concern. The method for designating shorefront areas as areas of particular concern or as areas for preservation and restoration is also outlined in Chapter Six and Section 909 of the VICZMA. The protection needs of the offshore islands and cays have been addressed by the Virgin Islands Program. Chapter Seven contains guidelines for their use and protection. Chapter Six designates certain islands as areas of particular concern and outlines further use/ protection guidelines. The Section 903 Goals and Findings and Section 906 Policies speak to the islands protection issue.- BACKGROUND OF THE PROBLEM The importance of the shoreline tothe lives of the people of the Virgin Islands is clear. However, in the last quarter century, the patterns of shoreline use in the Territory have been drastically altered. Several beaches and shoreline areas available 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 shore- line development. Additionally, access to beaches has been intentionally or unintentionally restricted by shorefront development. Accordingly, shoreline and particularly beach access has developed into an important social, cultural, political, and legal issue in recent years. 12] Over the past several years, considerable legislative and judicial attention has been devoted to preserving and establishing the public's right to utilize the shorelines of the Virgin Islands. Considerably less attention and energy has been directed to providing public access rights to the shoreline or towards resolving a variety of problems associated with increased public use (congestion, parking, safety, liability, maintenance, etc.) The principal issue involved with shoreline access is that of the public's right to free and unrestricted utilization of the recreational beaches of the Virgin Islands. The terri- torial government took action to remedy the latter situation by enacting the “Open Shorelines Act" (No. 3063) 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 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 creates a “zone of public use", and assures 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, land- ward access is often a critical factor in beach use. Even when landward access is available (as is generally true of hotels), development may significantly alter the character of the beach not only in an aesthetic sense, but also in terms of the numbers and types of users it attracts. The declining availability of prime beaches and other amenity areas places an increased burden on those remaining. Some beaches are so heavily used that congestion and parking are becoming problems, and use conflicts among swimmers, divers, picknickers, fishermen and boatsmen arises. In many areas unsanitary, unsightly, even dangerous, conditions prevail. With the exception of the few public facilities, the Virgin Islands government has not assumed general responsibility for maintenance or liability. Since resident and tourist populations are growing steadily, increasing demand is inevitable and can be expected to exacerbate these shoreline access and use problems. MEANS OF ACQUIRING ACCESS The Virgin Islands Government can acquire public accessways and shoreline areas in a variety of ways. These include: (1) acquiring shoreline areas and accessways via the 122 expenditure of public funds or donations; (2) seeking judicial confirmation of existing access and use rights via implied dedication or customary use; and (3) obtaining accessways to shoreline areas and/or facilities as a condition of granting certain development permits or tax incentives. The principal attributes of each type of action are outlined below: (1) ACQUISITION THROUGH EXPENDITURE OF PUBLIC FUNDS One means by which public access can be provided is for the Virgin Islands government to acquire such access by fee simple purchase or gifts. Such direct action, although usually requiring the expenditure of public funds, affords certain advantages that the other means do not. For example, acquisition of access can be effected with less time or delay than would be involved in acquiring access by judicial determination. Similarly, planned ac- quisitions could implement broader recreation programs or plans and could be planned and co- ordinated with the ongoing programs of other territorial agencies. Such acquisitions could be made in fee simple ownership or in lesser interests such as easements. Purchase in fee simple would vest all ownership rights in the Territorial Government. This is the most expensive option 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 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 ease~ ment would consist of the right of the public to cross the beach uplands, or a specified portion to reach the shoreline. Easements may be acquired by gift, negotiation, condemnation, or required as a condition for a development permit. Securing beach access easements assures the public of its right ta use the shoreline, and 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 cost, in advance. Easements or fee simple ownership also may be obtained through gifts, but for the mast part will require purchase through negotiation or condemnation. The former solutions are preferrable, and the revised Organic Act of 1954, does provide the Legislature with the authority to enact legislation for the condemnation of lands, or interest in such 123 tA Alaa eit ce nate cee 6 ntact Tands, 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 would*be similarly valid. (2) JUDICIAL DETERMINATION There are two primary theories supporting the creation of public access rights over private Tand 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 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 on 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. There 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. Further- more, 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, as in adverse posses- sion and prescription, the key issue is whether a landowner by his conduct (expressed implied actions) has indicated an intent to dedicate his land for public use, and that the public use 1 Downing v Beid (Fla. Supreme Court 1958) 100 Sd. 2nd, 57,64,65 itself is evidence of the public's intention to accept the dedication offered. The land- owner'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 adverse public use, rather than the owner's donative intent, as being the critical doctrinal element supporting the conclusion of public use.2 The court allowed the dedication of use only after five years of public use. Whether the theory is implied dedication or prescriptive rights the results are 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 five years, acquires the right to continue to use such property, regardless of the landowner's later intent or actions. In light of 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. 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 esta- blishes 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. Tradi- tionally, only easements of passage or use are obtained through custom. Recent court rulings, however, have expanded this doctrine. The Oregon Supreme Court ruled that the doctrine applied to the entire State coastline, rather than just the particular property under litigation.? 2 Dietz v King and Gion v City of Santa Cruz - The Court upheld that there had been an implied dedi- dication 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." 3 State ex rel. Thornton V., ¥, Hay, 462 P. 2nd 67 (1969), 125 The doctrine of customary use of beaches was recognized as being applicable in the Virgin Istands 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., 1967), 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 shore- Tine. 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 pro- cedures 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. (3) OTHER MEANS QF ACQUIRING ACCESS Subdivision and zoning regulations offer two possible means of obtaining public access- ways to the shoreline. Since private development of uplands along the coastline may often impair public shoreline access, developers can be required to dedicate public easements for beach access where the subdivision would block existing or potential shoreline access. Regulations can be drafted to require applicants to dedicate lands (and improvements) to public use as a pre-condition to 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, play- grounds, 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 the result is that reasonable public dedications can be required. This theory is most appropriate in the subdivision context 126 ae eee Pa = € %e where the process of subdivision clearly justifies and provides a rationale for such dedi- cations. 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. This means of acquiring public accessways can be utilized by the Virgin Islands Govern- ment through the Industrial Incentive Act (Title 29, Chapter 12) and VICZMA the Coastal Zone Management Act of 1978 (Title 12, Chapter 21). These statutes provide means by which the dedication of accessways may be required as a condition of receiving tax exemption status or a coastal zone permit. The relevant provisions of these Acts are discussed below. SHORELINE ACCESS POLICIES Several Virgin Islands laws contain enforceable shorefront access policies. The most notable is the provision in the "Open Shorelines Act” which provides for lateral public access along the coastline from the line of low tide running inland a distance of 50 feet or the line of natural vegetation or natural barrier. The Industrial Development Law provides 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 easement upon and across such land to the beach or shoreline to provide for an unrestricted access thereto to the public". The Virgin Islands Coastal Zone Management Act of 1978 is explicit in its enuciation of enforceable access policy. In the Act the legislature determined that the basic goals (section 903} of the Virgin Istands for its coastal zone are to: (6) 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 to maximize public access to and along the shorelines consistent with constitutionally protected rights of private property owners; (7) promote and provide affordable and diverse public recreation opportunities in the coastal zone for all residents of the Virgin Islands through acquisition, development, and restoration of areas consistent with sound resource conservation principles; In Section 996 the Legislature has declared it a policy; (8) To foster, protect, improve, and ensure optimum access to, and recreational opportunities at, the shoreline for al! the people, consistent with public rights, constitutionally protected rights of private property owners, and the need to protect natural resources from overuse. 127 af (6) Development shall not interfere with the public's right of access to the sea where acquired through customary use, legislative authorization or dedication, including without limitation the use of beaches to the landward extent of the shoreline. The Coastal Act not only provides for the dedication of "perpendicular", or "landward" access, but outlines a procedure for assessing whether an access easement is appropriate. Before requiring the dedication, the Commission or Commissioner is directed to consider the five criteria found in policy (7) below. (7) The Commission may require that public access from the nearest public roadway to the shoreline be dedicated in land subdivisions or in new development projects re- quiring a major coastal zonepermit. . Factors to be considered in requiring such dedi- cation of public access include(i) whether it is consistent with public safety or pro- tection of fragile coastal zone resources; {ii} whether adequate public access exists nearby; (iii) whether existing or proposed uses or development would be adversely affected; (iv) the type of shoreline and its appropriate potential recreational, educational, and scientific uses; and (v) the likelihood of trespass on private pro- perty resulting from such access and the availability of reasonable means for avoiding such treapass. Dedicated accessways shall not to required to be opened to public use until a public agency or private association agrees to accept responsibility for pro- viding off-street parking areas and for maintenance and liability of the accessway, shoreline, and beach areas. The Act further clarifies the conditions placed upon access by stating: Nothing in this subsection shall be construed as restricting 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. This provision shall not be construed as requiring free use of private facilities on land adjoining any beach or shoreline but only as requiring access to the beach or shoreline to the general public as a condition precedent to the grant of a coastal zone permit. BEACH INVENTORY In addition to policies which insure shorefront access where appropriate, public senti- ment has directed the management program to focus on securing access and providing ade- quate services and/or facilities in those areas having the greatest need. Consequently, attention should be directed toward ensuring that some of the higher quality undeveloped beaches be acquired and developed as public beaches. If conveniently located and properly developed with attractive facilities, such public beaches can attract and accommodate a larger share of resident demand. Establishing good public beaches should ease some of the pressure on other areas, would make it easier for the government to provide for maintenance, resolve conflicts among user groups, and insure that some undeveloped beaches are preserved for the future. 128 a Not all of these objectives can be attained by enforcing the “zone of public use” pro- vision of the Open Shorelines Act or the easement dedications under the Industrial Incen- tive and Coastal Zone Management Acts. The construction of public facilities and preser- vation of undeveloped beaches will require not only the acquisition of accessways, but suffi- cient upland property. In an effort to identify particular shorefront areas where either access should be acquired, or beach and upland property purchased, the Coastal Management Program looked to a study by the Department of Conservation and Cultural Affairs. In the spring of 1976, the Office of Planning and Development of the Department of Con- servation and Cultural Affairs, in conjunction with the CZMP study of the Virgin Island Planning Office, undertook a complete field inventory of Virgin Islands beaches. An evalu- ation of this type was mandated by the Open Shorelines Act. The study was undertaken to help determine the area where landward access and major public beaches should be established. The beach inventory procedures were developed to assess the particular conditions in the Virgin Islands. Objective physical, recreational, and land use data for each beach as well as an evaluation of the scenic and environmental quality of the site was recorded. The beach inventory form is included in Appendix F, and copy of the inventory for Cruz Bay, St. John, is included as an example of the manner in which information was collected. BEACH EVALUATION AND RECOMMENDED CRITICAL AREAS The criteria which were used to identify and evaluate the critical shoreline areas are discussed below. CRITERIA FOR EVALUATION BEACHES 1. Accessibility - Beaches were evaluated on the basis of proximity to population con- centrations, and by the presence of an access road usable by the general public. This factor will prove of importance since the territorial government may become responsible for beach maintenance. 2. Beach Quality ~ Evaluation of beach quality was based on 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 pic- nicking, 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. 129 4. Environmental Damage Potential - At several of the beaches inventoried, the existing land use was natural open space. Very often these areas constitute extremely fragile offshore and onshore environments. This ts expecially 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 threatened 1-5 and where access is threatened. These areas included beaches and shoreline areas where access is presently restricted, or where impending or pro- posed development may restrict free access in the near future. RECOMMENDED AREAS FOR GOVERNMENT ACTION In developing recommendations regarding the areas where government action is needed to improve public access and use, consideration was given to several other factors besides beach inventory information. Supply and demand was a major consideration. The Coastal Zone Management staff was concerned about the availability of public beaches near highly popu- lated areas. A second consideration was the need to alleviate user conflicts and problems at heavily used beaches. Third consideration was availability of adequate land adjacent to desirable beaches for parking and beach facilities. A final factor given consideration was public attitude. Throughout the course of program development of a number of informal and formal public meetings and hearings were held to obtain public sentiment regarding shorefront access. Many individuals and groups expressed concern, commented, and made suggestions concerning both the issue of access in general and as it relates to specific shorefront areas. This input was taken into account and considered in the development of the following list of critical areas where it is recommended that access and use need to be improved. Only St. Thomas and St. Croix are dealt with, since the most significant beaches on St. John are already within the National Park. Further study of these areas wil] be undertaken in order to develop a specific program for action. St. Croix 1. West Christiansted - Christiansted is heavily populated and has several large public housing projects and hotels, but is lacking in terms of good beaches. The best beach runs westward from Antille Airboats to St. Croix by the Sea. Most of the shoreline here, however, is extensively developed with condomimum complexes and therefore beach access and facilities are largely restricted to condominum residents. A good public beach is needed in this area for Christiansted residents. 2. Cane Bay/Davis Bay - Cane Bay and Davis Bay are two beautiful undeveloped beaches on the northwest shore. They currently serve many tourists, as well as residents 130 Fe ap eneysast mane math RUM HU Bae ota es 3. 1. 2. from all over the the island. Cane Bay experiences the heavier use partly be- cause an access fee is charged at Davis Bay and partly because it is so popular with scuba divers, fishermen and picknickers. On the weekends user and vehicular congestion is extreme and potentially dangerous. Both beaches have maintenance and sanitation problems. Davis Bay should be acquired and developed as public beach. The government should assist with maintenance at Cane Bay Beach and should acquire some ltand for parking and restrooms. Machenil Bay/Ha' penny Bay This area is centrally located on the south shore and is very popular with local residents. Its attractiveness is due to its accessibility, as well as the quality of the beach and swimming conditions - features which are rare on the south shore. The accessibility of this area, however, poses maintenance, Sanitation and liability problems for adjacent property owners. One of these two beaches should be acquired and developed as a public beach. Chenay Bay/Coakley Bay Reasonably convenient to Christiansted on the northeast shore, both of these areas have good potential for multiple activities. Both Bays have attractive beaches with good picknicking, swimming and snorkeling. Some both are adjacent to salt ponds of considerable ecological value, and there is also potential for educational and scientific activities. Green Cay, which was recently set aside as a wildlife preserve, is a quarter mile off Chenay Bay. Coakley Bay has some ruins of historic interest as well. Chenay Bay, or alternatively Coakley Bay, should be acquired and developed as a public beach. St. Thomas Smith Bay Smith Bay is located on the east end of St. Thomas near the growing population centers of Tutu and Estate Smith Bay. The crescent shaped white sand beach approximately 1/4 mile long, is in a protected bay. The beach uplands are relatively undeveloped at this time although there are tentative plans pro- posed for a golf course. In addition to good swimming and snorkeling, the beach is a popular picknicking area which is used by organized groups with the owner's permission. The vegatative caver is not dense but there are many large shade trees on the beach and fine views of St. John and offshore cays. Because of the high use potential of Smith Bay and the growing development pressure on the surrounding area, high priority should be given to public acquisition of Smith Bay Beach and the upland area. Mueller Bay Mueller Bay is located on the east end of St. Thomas in Redhook Bay. Mueller Bay contains two beach areas; Vessup Beach and Mueller Beach, both of which can provide important recreation opportunities for East End residents. Access to Mueller Bay is currently limited since it is necessary to cross private property to reach the beaches. The east end of St. Thomas is experiencing one of the fastest growth rates in the Virgin Islands. The demand for housing, new tourist facilities, public services, and recreational areas in this area is intense. Therefore, the government should take steps to secure the Mueller Bay Beaches, including sufficient area for public facilities before this option is foreclosed by private development. Magens Bay Beach - South End The extreme southern end of the Beach is not publicly owned. Since this portion of the bay is presently zoned W-1, there exists the possibility of some future development threatening the naturaland unique character of Magens Bay Beach. Accordingly, the southern end of Magens Bay Beach should be acquired. 131 4. Botany Bay Estate Botany Bay comprises the westernmost end of St. Thomas. Included within the estate are: two beaches, (one in Sandy Bay and one in Botany Bay,) a Tong expanse of highly scenic but steep shoreline, and an important historic site. At the present time, landward access is_titfited since the surrounding upland is in private ownership. : Negotiations between the owner of Estate Botany Bay and the Virgin Islands Government are in progress. Possibly certain portions of the estate will be donated to the Territorial Park System. In addition, public access rights to Sandy Beach Bay may be granted. Since Estate Botany Bay and particularly the shoreline and beach areas are of outstanding recreational, educational and scenic value, every effort should be made to ensure that this area can be enjoyed by island residents. 5. Frenchman's Bay Frenchman's Bay is situated on the southeast coast of St. Thomas; directly north of Green Cay. The beach at Frenchman's Bay is the only undeveloped one remaining between Morningstar and Benners Bay. Presently, access to Frenchman's Bay is by boat only. The potential recreational and educational value of this shoreline area is high and there is adequate level Jand behind the beach for parking and other necessary facilities. The adjacent salt pond and nearby offshore island, Green Cay add to the educational and aesthetic value of the site, The government should make an effort to acquire Frenchman's Bay Beach. Access from the main road to the beach and sufficient space for parking must also be secured, 6. Neitjeberg Beach Neltjeberg Beach is located on the northwest coast of St. Thomas due south of Inner Brass Island and directly west of Ruy Point. The Virgin Islands Government already owns 17.42 acres of Estate Neltjeberg including and access- way from the main road to the beach. The area already owned by the government is inadequate to provide for public use. The beach should be purchased, as well as some of the surrounding upland area for parking. Neltjeberg Beach and the surrounding area should be incorporated into the Territorial Park System. NEW GOVERNMENT RESPONSIBILITIES Regardless of whether improved public access and use are secured through purchases, gifts, judicial determinations, or the conditioning of development permits and incentives, the Government of the Virgin Istands will probably have to assume some liability and res- ponsibility for support services. Public safety and maintenance are two important issues. The government's liability in case of injury or death on newly opened beaches is unclear. The best, but most expensive, protection would be the provision of lifeguards. At a minimum a warning will have to be posted on each beach. The presence of lifeguards, however, might also help to deter crime and littering problems. The introduction of the mounted patrol has been highly effective in St. Thomas in protecting public safety on the beaches. The ex- 132 AA Tite RO rt ESHER ee mage EN e - " the contac pansion of this program may be appropriate. In studying the maintenance problem, 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, the desired level of maintenance, and 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 since each of those crews performs activities, e.g., cutting back brush, other than cleanup. It is unlikely that existing Departrent 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. IDENTIFICATION OF FUNDING PROGRAMS THAT CAN HELP MEET MANAGEMENT NEEDS 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 manage- ment. 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 ac- quiring 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 acqusition and management. In addition, administrative funds (Section 306 of the natisnal Coastal Zone Management Act) can be used to fund beach maintanance. The funds can be test results or comparable documents (emphasis added). blir gs 7 Accordingly, because of the information required for the assessment report, the EAR will serve as a mechanism for the continual identification and assessment of erosion. Policies and Procedures and Authorities for Managing Shoreline Erosion Human interference with natural process is one of the major causes of serious beach erosion in the Virgin Islands. There is realization that most of the erosion is natural and controlled by the seasonal variations in wave swell and wind direction. Past experiences with structural solutions have not been successful. Accordingly, the Virgin Islands emphasis is clearly a non-structural approach where erosion control is necessary. The two major Virgin Islands Coastal Acts emphasize the maintenance of natural systems to check erosion. Both Acts define shoreline, and articulate a set of policies which dis- courage erosion control devices, and seek to prevent erosion by encouraging the use of coastal resources consistent with wise resource management. The Open Shorelines Act (Chapter 13, Title 12) defines the shorelines of the Virgin Islands. Section 402(b) states that: Shorelines of the Virgin Islands‘ shall mean the areas along the coast lines of the Virgin Islands 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. The Virgin Islands Coastal Zone Management Act of 1978 reaffirms this definition of "shorelines" in Section 902(Z) adding to the definition that, “Whenever the shore is extended into the sea by or as a result of filling, dredging, or other manmade alteration activities, the landward boundary of the shorelines shal] remain at the line previously established.” 140 LORIN PEN ites rete tee she ified deere et a tty Section 403 of the Open Shorelines Act prohibits the construction of any barrier upon, across, or within the shorelines that would interfere with public use. This restriction prohibits the construction of any structural approaches to erosion control without a coastal permit and serves as a minimum setback zone. The Coastal Act also requires a permit for any development within the first tier of the coastal zone. Development is defined as, “the placement, erection...of any fill,...or structure on the land, in or under the water, ...." For the purposes of the Act, any struc- tural erasion mitigation measure constitutes a “development.” The goals and policies of the Act are applicable to any coastal development. A number are either directly or indirectly relevant to shoreline erosion. Several speak to the erosion issue per se. Qthers address the problems of the improper conduction of coastal activities which affect the natural erosion/accretion processes and patterns. These are policies that relate to conditions imposed upon dredging, sand removal and the placement of structures along the shoreline. The following is a reiteration ef the relevant findings and goals of Section 903. In considering the need for the Coastal Act, the Legislature has found inter alia that: Improper development of the coastal zone has resulted in...erosion, sediment trans- port,... and has affected the beneficial uses of the coastal zone...” As a result, the Legislature has declared it goals of the Virgin Islands to: (5) preserve, protect and maintain the trustlands and other submerged and filled lands of the Virgin Islands so as to promote the general welfare of the people of the Virgin Islands; (emphasis added). (8) conserve ecologically significant resource areas for their contribution to marine productivity and value as wildlife habitats, and preserve the function and integrity of reefs, marine meadows, salt ponds, mangroves and other significant natural areas; (emphasis added). (9) maintain or increase coastal water quality through control of erosion, sedimenta- tion, run-off, siltation, and sewage discharge; (emphasis added) Section 906 of the Coastal Act indicates policies that are applicable to coastal devel- opment and effect shoreline erosion. In issuing a coastal permit the Commission or Commis- sioner is directed to: 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 (emphasis added). 14] assure that dredging or filling of submerged lands is...consistent with ... policies contained in this Chapter. Towards these ends, diking, filling or dredging ... may be permitted ... only where no feasible less environmentally damaging alternatives EXiSt see; protect complexes of marine resource systems of unique productivity, including reefs, marine meadows, salt ponds, mangroves and other natural systems, and assure that activities in or adjacent to such complexes are designed and carried out so as to minimize adverse effects on marine productivity, habitat value, storm bufferin : capabilities, and water quality of the entire complex (emphasis added); consider use impacts on marine life and adjacent and related coastal environments when assessing recommendations for development within the coastal zone (emphasis added); accommodate offshore sand and gravel mining needs in areas and in ways that will not adversely affect marine resources and navigation. Towards this end, sand, rock mineral, marine growth and coral (including black coral), natural materials, or other natural products of the sea, excepting fish and wildlife, shall not be taken from the shoreline without first obtaining a coastal zone permit, and no permit shall be granted unless it is established that such materials or products are not otherwise obtainable at reasonable cost, and that the removal of such materials or products will not significantly alter the physical characteristics of the areas or adjacent areas on an immediate or long-term basis; or unless the Commission has determined that a surplus of such materials or products exists at particularly designated locations (emphasis added). To assure all of the foregoing, development must be designed so that adverse impacts on'marine productivity, habitat value, storm buffering capabilities and water quality are minimized to the maximum extent feasible by careful integration of construction to the site. Identification of Funding Sources While it is highly unlikely that the Virgin Islands will need to engage in structural erosion mitigation measures, several sources of funding have been identified. The Legislature of the Virgin Islands has the authority to appropriate funds for erosion mitigation. The Virgin Islands Department of Public Works is authorized to expend funds for structural and non-structural erosion contro}. Under the Beach Erosion Control Program (33 U.S.C. 426 et. seg.) and the Rivers and Harbors Acts of 1962 and 1968, the U.S. Army Corps of Engineers may perform studies and carry out structural and non-structural mitigation projects on public lands. Projects undertaken on Virgin Islands Government land require territorial matching funds. Administrative (306) funds of the CZMA 1972 can be used for expendable materials of restoration or preservation purposes in APRS. There is a $50,000 limit per grant. 142 eA -ENERGY FACILITY SITING PLANNING This section constitutes fulfillment of the requirements set forth in Section 305(b)(8) of the National Coastal Zone Management Act (CZMA) that States develop a planning process for energy facilities which are likely to locate in or affect the coastal zone. Included in this section is an identification of energy facilities likely to locate in, or significantly affect the coastal zone; procedures for assessing the suitability of sites for such facili ties; an articulation of policies and conditions that are imposed on facility development; - an identification of legal authorities for these management techniques; and an identification of how interested and affected public and private parties are involved in the process. The tenor of the Virgin Islands program could be characterized as balancing economic and social growth with environmental and amenity concerns. At this time funds from Section 308(c)(1} and (d}(4) of the CZMA are being used in response to the environmental effects of energy production on St. Croix. 308(c)(1) funds are being used for studying tanker traffic and updating the oi] spill contingency plan, while the VIPO has made some use of the 308(d)(4) grant funds to mitigate recreation losses. The Virgin Islands Coastal Zone Management Act of 1978 (Title 12, Chapter 21) provides the basis for regulatory authority over the first tier of the Islands' coastal zone. In the Act the Legislature declares that among things, it is a goal to protect the natural and scenic resources of the coastal zone, to enhance the overall quality of the coastal environment, and to promote economic growth and development in the coastal zone. In keeping with the philosophy and spirit of both the Virgin Islands Coastal Act and the national CZMA, an energy facility planning process has been devised which acknowledges the need for national energy self-sufficiency and development, yet mitigates the adverse environmental consequences of such energy facility siting. IDENTIFICATION OF ENERGY FACILITIES LIKELY TO LOCATE IN OR SIGNIFICANTLY AFFECT THE VIRGIN ISLANDS COASTAL ZONE The facilities that are likely to locate in the Virgin Islands coastal zone, can be conveniently dicotomized inte two broad classes, traditional and less traditional alternative 143 The former mode is represented by petroleum refining complexes and electrical generating facilities. The less conventional techniques comprise the.more futuristic solar, ocean thermal, and wind power approaches to energy generation. TRADITIONAL ENERGY FACILITIES Refineries and Petrochemical Facilities Petroleum refinery complexes and associated facilities, such as pipelines and tank farms are likely to seek location in the Virgin Islands. Located only 600 miles from South America, the islands are readily accessible to the oi] fields of Venezuela. The strategic Caribbean location also places the islands in route to receive crude oi] from both the Middle East and Africa. In all probability, petroleum facilities will seek siting on the island of St. Croix. As Chapter Three, Context for Planning, Resource Setting, indicates, the physiography of St. Croix makes it the only one of the three islands with the prerequisite physical features necessary for the siting of facilities of this nature and magnitude. The Hess Oi] Virgin Islands Corporation presently operates a 500,000 barrel per day oil refinery on the south shore of St. Croix (see consideration of the National Interest, and Chapter 3, Context for Planning, Existing Uses and Future Needs.) The Virgin Islands Refinery Corporation (VIRCO) is planning the construction of a 200,000 barrel per day petroleum refinery and submarine pipeline extending two miles offshore to a marine facility. The site is located adjacent to the Hess Oil refinery site on the south side of St. Croix (see Chapter Three, Major Plans/ Proposals in the Coastal Zone, and Chapter Six, Areas of Particular Concern). Offshore Terminals Offshore terminals and connecting pipelines are a likely facility to site in the Virgin Islands Coastal Zone. Currently, Hess Oil Virgin Islands Corporation (HOVIC} is planning to construct an operation of this type. The project consists of a crude oil terminal two miles off shore with a connecting pipeline. Very large crude carriers (VLCC) would be unloaded at the offshore terminals. 144 seen ee Oi? Tanker Facilities Any large energy generating facility will probably require an associated docking or port facility. The need may range from facilities to service super tankers, or a single barge to supply fuel oil for electrical power plants. The present port facilities at the Hess comptex on St. Croix accomodates supertankers which service the HOVIC refinery. A new project is to be constructed by HOVIC between the existing Hess and Marin Marietta ports (see Chapters Three and Six). Electric Power Plants and Related Facilities The location of the Istands precludes the development of electric generating facilities for any purpose other than local consumption. The distance to the continental U.S. and the depths of the Caribbean Sea and the Atlantic Ocean make energy transmission to the mainland technically and economically infeasible (see Chapter Three Context for Planning, Resource Setting). Given the anticipated demand and present generation capabilities, it is unlikely that another facility will be needed within this century. The Water and Power Authority recently constructed a 35,000KW generating plant on St. Croix. The facility has never been used because of a lessening of demand and the plant has been sold to the Dominican Republic. Nuclear Power Plants and LNG Facilities It is unlikely that nuclear power plants and liquified natural gas facilities will seek to locate in the Virgin Islands. The energy demand of the istands and their distance from the Continental U.S. virtually precludes the development of these facilities. ALTERNATIVE ENERGY SOURCES With the rising cost of fossil fuels and the national emphasis on energy self- sufficiency, the Virgin Islands should Took to renewable energy sources. 145 Fortunately, the favorable climate and location present the Virgin Islands with several viable alternatives utilizing indigenous resources. The alternative modes of energy generation holding promise for the islands are solar, ocean thermal, and windpower. Solar energy generating facilities are becoming more feasible throughout the U.S. and elsewhere. There is no more suitable location for this form of energy development than the Virgin Islands. The almost everpresent and intense Caribbean sun provides a free, inexhaustable source of power. Several solar projects are in the planning stages. The Frenchman's Reef Holiday Inn on St. Thomas is already airconditioning the resort hotel by solar energy (a demonstration project was sponsored by an FEA grant). Oceanthermal and Wind The high surface temperatures of the Caribbean and deep water close to shore create @ marine environment with extreme temperature differences that can result in electrical generation from heat exchanges. This differential is the basis for Gceanthermal Energy Conversion (QTEC), and may become an important source to supplement land requirements. Several sources, including a report by the University of Texas Marine Science Institute 71% of the Earth has acknowledged the possibility of OTEC in the Virgin Islands. The “Easterlies” or "Trade Winds" blow almost constantly across the Islands and wind power was a major source of energy for centuries. The many windmill ruins, particularly on St. Croix, attest to its past success. The Caribbean Research Institute of the College of the Virgin Islands, is presently exploring on a preliminary basis the potential wind power may hold as an alternative energy source. PROCEDURES FOR ASSESSING THE SUITABILITY OF SITES The development of a process to assess the suitability of sites for energy facili- ties has been integrated into the overall development of the Virgin Islands program. 146 ne ee ascents 5 = prenree= is nat RR RE ee me Meni tora rem In particular, the requirement to assess sites has been addressed in satisfying the requirement of Section 305(b)(2), uses to be managed, and 305(b)(3), areas of particular concern. This section will pinpoint where in that overall program development process the aSpects relevant to planning for energy facilities are located. Appendix G Permissible Land and Water Uses, explores the approach taken toward the management and priority of uses. Chapter Seven, The Land and Water Use Plan, discusses the site specific land and water use designation. In the generic discussion of impacts (Table H.1), ‘rototypical environmental impacts from both the operation of facilities and associated site disruptive construction activities were assessed. Energy facilities are considered under the headings heavy industry (land based} and heavy-off shore facility (water based). In Table G.2, Priority of Use Designations, energy and associated facilities are assigned a relative priority rating. The processes outlined in Appendix H and the analysis described in Chapter Two Study Procedures (capability analysis, public attitude assessment, needs/demand study), conjunctively determined the site specific designation of land and water uses. As part of this process, the entire coastal zone was assessed for the possible location of energy facilities. Sites that were selected are indicated on the land and water use maps, Figure 9.1, and Chapter Seven, Land and Water Use Plan. The description of the land water use categories clearly states that such uses as “oil ports ... and energy facilities" are included under the heading Water Dependent and Related Industrial-Marine Facilities District. In addition, the existing zoning designa- tions (pursuant to Title 29, Chapter 3 of the Virgin Islands Code) remain in place under the VICZMA 1978. These sites are consistent with those designated on the land and water use plan. The I-1 zone permits heavy industrial uses such as petroleum refining and other energy generating facilities. These sites exist on the north and south sides of St. Croix, and in Krum Bay, St. Thomas. POLICIES REGARDING ENERGY FACILITY SITING Of paramount importance in the Virgin Islands Program is the notion of “coastal or water dependence." The Virgin Islands Coastal Management Act of 1978 defines 147 ENERGY FACILITIES IN THE V.I. > 90d ? PDH FIGURE 9.1 ST. THOMAS ST. CROIX 1.Water and Power Authority 1.Water and Power Authority 2.V.I. Refinery Corporation 3.Hess O11 Corporation 148 com “coastal dependency" as "any development or use which requires a site on, or adjacent to the sea to be able to function effectively" (Section 902(d)). Within the Virgin Islands context, there is no feasible possibility for “inland” sites for energy activities. All of the identified facilities require a coastal location. The crude oil and refined products enter and leave the Islands via tankers and the fuel for electrical generation is supplied likewise. Therefore, any of the traditional method of energy generation must be considered "coasta) dependent". The Act speaks to coastal use priorities as well. Section 906(a)(2), Development policies, clearly demonstrates that the highest use priority in the first tier of the coastal zone is accorded coastal dependent uses. The second development policy states: To give highest priority along the shoreline to wataer dependent uses, parti- cularly in those areas suitable for commercial uses including resort hotels and related facilities, industrial uses, including port and marine facilities, and recreation; to give secondary priority ... THE ENERGY FACILITY SITING PROCESS As the preceding discussion clearly indicates, specific sites exist which can accomodate energy facilities. This section will focus on the procedures required of an applicant in siting the facility. The coastal zone permit process as it relates to energy facilities is discussed, the permits listed, and the conditions which may be imposed articulated. As a class, energy facilities seeking to locate in the first tier of the coastal zone are treated as any coastal dependent industrial use. There are no special provisions or prohibitions. In order ta site an energy facility, the following Virgin Islands permits may be required: > 1) Coastal Zone Management Permit, pursuant to the VICZMA 1978 2) Discharge (NPDES) Permit pursuant to FWPCA from DCCA 3) Air Pollution Permit pursuant to the Clean Air Act from DCCA 4) Oil Spill Prevention Act Permit (licenses for terminal facility) from DCCA 5) Occupancy Permit_or Lease from Governor and Legislature of the Virgin Islands. Any development in or on submerged or filled lands (lands burdened with the public trust) require an occupancy permit or lease. 149 @ @ FIGURE 9.2 ENERGY FACILITY SITING PROCESS Discharge Permit—— (NPDES) i Air Pollution Control Permit 1 0i1 Spill Per- vention Permit Federal Con- coastal Zone sistency certification Management Permit--}——DCZM "clearinghouse" E.A.R. function Circulate for \ Commi ss ion(@") agency review Review and Notify Appli- — Board of (30 days) Action cant of decision Land Use j | Appeals Consideration request lease Public Hearing of National or permit from | Jointly with Interests Governor I \ | Federal Agencies Legisisture ratification \ Judicial Relief GBT, it The conditions, standards and criteria which may be applied are those required pursuant to the appropriate Act. The most significant of these is the VICZMA of 1978. No activity can be conducted in the first tier of the coastal zone without the issuance of a coastal zone permit. All development must be in compliance with the Coastal Act. While the goals of section 903 and policies of section 906 constitute the conditions of the permit, the Coastal Zone Commission is directed by Section 904 to promulgate standards and criteria to be used in granting or denying coastal zone permits. (see Chapter Five and attached VICZMA 1978.) Chapter Five, Authorities and Organization also contains a more detailed description of each permit. Several permits are required, and the Department of Conservation and Cultura? Affairs administers them all, with the coastal zone permit also serving a “clearinghouse” function. Section 910(c}(2)(B) of the VICZMA requires the completion of an environmental assessment report (EAR) as part of the application for a coastal permit. The assessment report presents information that will describe and permit evaluation to determine whether the proposed development complies with the statutory criteria of Section 905. Section 902(0) requires the EAR to include detailed information about the existing environment in the area of a proposed development; and about the effects which a proposed development is likely to have on the environment; an analysis and description of ways in which the significant adverse effects of such development might be mitigated and minimized; and an identification and analysis of reasonable alternatives to such development. The EAR will also serve as a mechanism to obtain all the necessary information for the air and water pollution and 071 Spill] prevention permits. Figure 9.2 illustrates the siting process. As Chapter Five demonstrates that the Coastal Zone permit process draws upon the reviews of many actors and participants. All major coastal zone permits are reviewed by the Virgin Islands Planning Office, the Virgin Islands Department of Commerce, the Department of Public Works, the Virgin Islands Port Authorities, the Caribbean Research Institute of the College of the Virgin Istands, the National Park Service, the Virgin Islands Conservation District and any Federal agency which expresses interest. In addition, the general public and other interested and affected public and private parties are involved through required public hearings pursuant to section 910(c}(2)(B). 15] sunaaniald The need for consideration of the national interest in facilities is addressed, Chapter Ten, National Interest and Federal Consistency clearly illustrates mechanisms by which the national interest in energy facilities is considered. Figure 9.2 illustrates at which juncture in the coastal permit process this consideration is statutorially mandated to occur. PROCESS FOR SITING ALTERNATIVE ENERGY FACILITIES The site suitability assessment undertaken as part of the development of the coastal land and water use plan did not include consideration of the site requirements of alterna- tive energy sources. The present zoning catagories do not address the placement of windmills, or structures associated with oceanthermal generation. Specific marine sites suitable for oceanthermal development were not designated. The siting of these facilities will require a slightly different process than the siting of traditional facilities. The state of the art in solar energy is such that most solar energy generation is ancillary to the structure itself and commensurate in scale. Accordingly, it is permitted in accordance with the permissibility of the use. Ocean thermal, or other marine generated sources of eneray would require a land based facility aS well as an ocean operation. The land facility must be consistent with the provisions of the VICZMA and the zoning jaw. The marine production aspect will require a Coastal Zone Permit from the Commission and a permit to occupy submerged lands from the Legislature and the Governor. Windmills will require an amendment to the zoning law. Provisions are not made for their construction in any uSe district under the current zoning law. An applicant wishing to site a windmill, must petition the Legislature to make the appropriate zoning change. As a part of this process, the Planning Office makes a recommendation for, or against the proposed change. This recommendation must be consistent with the coastal land and water use plan and in concert with the goals, objectives, and policies of the Coastal Act. Accordingly, the Planning Office must adequately consider the national interest in the recommendation decision. If the Legislature approves the zoning change, a coastal zone permit must be obtained as illustrated in Figure 9.2 and the process described under Energy Facility Siting Process. 152 CHAPTER TEN National Interest and Federal Consistency CONSIDERATION OF THE NATIONAL INTEREST Recognizing the distinct and irreplaceable nature of the nation's coast, the United States Congress, in enacting the Coastal Zone Management Act of 1972, found that, "...there is a national interest in the effective management, beneficial use, protection, and development of the coastal zone." The Virgin Islands Coastal Management Program clearly provides forums and policy statements which reflect the national interest in coastal management in the Islands. Specifically, Section 306(c)(8) of the national Coastal Zone Management Act requires that “the management program provides for adequate consideration of the national interest involved in the siting of facilities (including ... energy ...) necessary to meet requirements which are other than local in nature." The requirement 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 requirements and facilities need not be a separate and distinct element of the plan, and may be intergrated into the other aspects of the program. In order to meet the requirements of subsection 306(c)(8)} and the 15 CFR Part 923.52 Regulations, States must: Describe which national interest in the planning for the siting of facilities...were considered during program development - Indicate the sources relied upon for a description of the national interest for each of the facilities. .. 153 Indicate how and where the consideration of those national interests is reflected in the substance of the management program: Describe a process for continued consideraton of the national interests...during program implementation, including a clear detailed description of administrative procedures and decision points where such interests can be considered. In addition, to a consideration of the National interest section 307(b}) requires an opportunity for full participation by relevant Federal agencies in the development of the state CZM program. The Virgin Islands program has utilized the full participation concept as one means in determining the national interest. In January of 1976 each agency was contacted and requested to designate a CZM liasion and state their “interest” in the development of the Virgin Islands Program. In July 1976 each agency was sent a form for nominating areas of particular concern (Appendix D) and requested to participate in the process. An informal working discussion draft (pre-DEIS document) was distributed in December 1976. Each designated contact was requested to comment. Comments were incorporated into the DEIS and represented a further effort at coordination and consultation. The Virgin Islands fully recognizes that coastal issues and concerns reflect a national interest in national defense, energy and other facility siting and certain resource protection issues such as wetlands management and the protection of rare and endangered species. Many national interests are mutually shared by the Virgin Islands and are illustrated in goals, policy statements, and action programs, such the coastal land and water use plan and areas of particular concern and areas for preservation and restoration. The primary focus of this section is to demonstrate adequate considera- tion of facilities in which there is a national interest. However, in an overall balanced coastal management program it is perforce to recognize that other national interests such as a national] interest in resource conservation and protection will be involved in some decisions regarding the siting of national interest facilities. Consequently, these resource issues; wetland and endangered species protection, air and water quality, and historic and archeological concerns have been included in this discussion. 154 The Virgin Istands Coastal Management Program evaluated, and will continue to evaluate, the following sources for policies and information to adequately consider the national interest in planning and management responsibilities: o Federal laws and regulations. o Policy statements or Executive Orders from the President of the United States (e.g., National Energy Plan). o Special reports, studies and comments from federal and state agencies. o Testimony received at public hearings and meetings on the Virgin Islands Coastal Management Program. o o Certificates, policy statements and solicited opinions issued on specific projects by federal regulatory agencies. O Statements of national interest issued by federal agencies. The Virgin Islands does not exclude any national interests so long as they conform to requirements of the applicable Virgin Islands authorities. This represents a performance approach for assuring both proper resource protection and management and facility siting. STATUTORY BASIS FOR THE CONTINUED CONSIDERATION OF THE NATIONAL INTEREST Consideration of the national interest in program development is represented in the goals and policies of the "Virgin Islands Coastal Zone Management Act of 19/8," the coastal land and water use plan, designation of areas of particular concern and priority guidelines. Continued consideration fs manifested in the goals and policies of the VICZMA that promote facilities and activities which have been identified as being in the national interest. These are defense and national security, energy, transportation, recreation facilities, air and water quality, archeological and historic sites, and wetlands and endangered species habitats. The most significant statement mandating continued consideration of the national interest in facilities is the second goal of section 903(b). It has been specifically developed to to assure a statutory basis to compel the consideration of the national interest. It reads as follows: (2) promote economic development and growth in the coastal zone and consider the need for development of greater than territorial concern by managing: (1) the impacts of human activity and (2) the use and development of renewable and nonrenewable resources so as to maintain and enhance the long-term productivity of the coastal environment, (emphasis added). 155 The Coasta) Act proceeds to define development to mean: the placement, erection, or removal of any fill, solid material or structure of land, in or under the water; discharge or disposal of any dredged material or of any liquid or solid waste; grading, removing, dredging, mining, or extraction of any materials; subdivision of land pursuant to Title 29, Chapter 3 of this Coed; construction, reconstruction, removal, demolition or alteration of the size of any structure; or removal or harvesting of major vegetation, including coral, other than for agricultural purposes. Development shall not be defined or interpreted to include activities related to or undertaken in conjunction with the cultivation, use or subdivision of land for agricultural purposes or any improvements made in the interior of any sturcture, (902){1). Clearly, facilities in which there may be a national interest (as illustrated by Table I), constitute "development" under the terms of the Coastal Act and must be given adequate consideration consistent with 903(b)(2). Accordingly, in issuing a coastal zone permit either the Coastal Commission or Commissioner of DCCA must consider the national interest in that development. The juncture in the permit granting process where this national interest consideration occurs is found in Figure 9.2 of Chapter Nine, Energy facility © Siting Process. IDENTIFICATION OF THE NATIONAL INTERESTS The following is an identification and discussion of the national interests represented in the Virgin Islands Coastal Zone, National Defense The Departments of Defense and the Army, Navy and the Air Force were contacted during the period of program development. The following are the major objectives for National defense: o to ensure sovereignty of the nation and protect its citizens from physical harm or expropriation, and | o to establish and maintain the facilities necessary to carry out the first objective. The history of the Virgin Istands as part of the U.S. begins with a need for national security. The Islands were purchased from Denmark in 1917 to further 156 the American naval presence in the Caribbean. Accordingly, The Virgin Islands recognizes the importance in national defense facilities. The Naval presence in the Territory, though not significant in terms of facilities and area, ‘nevertheless is important. There are underwater range activities of the Department of the Navy off the west coast of St. Croix as well as the Navy property radar facilities on Crown Mountain, St. Thomas. While the management program excludes Federally owned and leased land from the coastal zone, it anticipates that the defense agencies will conform to the VICZMP to the maximum extent practicable, and that Federal consistency mediation procedures will be used as necessary. The Virgin Islands Program recognizes that national security contingences may, in the future, require the coastal zone to be the location of defense facilities. Specifically, no goal or policy found in the VICZMA contradicts or interferes with the siting of facilities in the national defense. Energy The Virgin Islands now accomodates the largest oi] refinery in the Free World. The petroleum refining activities of Hess Oil Virgin Islands Corporation (HOVIC), ST. CROIX, consists of a 750,000 barrels per day capacity, representing approximately five percent of the crude oi] refined in the United States. The following agencies were contacted and/or have sent comments during the period of program development: Department of Energy, Corps of Engineers, and the Department of Interior (BLM and USGS). Furthermore, the National Energy Plan objectives were examined. The National Energy Plan sets forth three energy objectives for the United States: As an immediate objective, and one that will become even mgre important in the future, to reduce dependence on foreign oi] and vulnerability to supply interruptions; in the medium term, to keep U.S. imports sufficiently low to weather the period when world oi1 Production appraoches its capacity limitations; and in the long term, to have renewable and essential inexhaustible sources of energy for sustained economic growth. 157 ARM SBMA oe ne Significant features of the National Energy Plan are: 1) conservation and fuel efficiency; 2) national pricing and production policies; 3) reasonable certainty and stability in government policies; 4) substitution of abundant energy resources for those in short supply; and 5) development of non-conventional technologies for the future. The Virgin Islands Program has demonstrated consideration of the national interest in energy production as part of the development of permissible land and water uses, guidelines for GAPCs, and the planning process to site energy facilities (Chapters Five, Six, and Nine. Sites suitable for energy facilities have been identified and include (see Figure 9.1): o Krum Bay, St. Thomas o South Shore, St. Croix o Christiansted, St. Croix One such site will be the location of the proposed Virgin Islands Refinery Corporation (VIRCO) refinery ta be located in St. Croix and have a 200,000 barrel per day capacity. A mono-bouy terminal is also planned for the south shore of St. Croix and will tie into the existing HOVIC operation, In providing sites for energy facilities, the Virgin Islands has gone beyond the requirement of “adequate consideration” and made provisions for accomodation. , Fundamental to the policies regarding energy is the concept that some facilities are coastally dependent and if demand warrants, may be sited in the coastal zone. A detailed discussion of the policies relating to coastal dependent development and energy facilities is found in Chapter Nine. Energy Facility Siting Planning. Note that the process provides for consideration of the national interest. Goals (2) and (3) of Section 903(b} of the VICZMA promote the national interest in energy, facilities. Goal (2) has been stated earlier in this Chapter, Goal (3) states: (3) assure priority for coastal-dependent development over other development in in the coastal zone by reserving areas Suitable for commercia) uses including hotels and related facilities, industrial uses including port and marine facilities, and recreation uses (emphasis added), 158 cement rte wet el pe Developmental policies (2) and (8) of Section 906(a) also assure adequate consideration of energy facilities. These policies direct the Commission or Commissioner: (2) To give highest priority along the shoreline to water dependent uses, particularly ... industrial uses, including port and marine facilities... (8) To assure that dredging and filling of submerged land is clearly in the public interest... Towards these ends, the diking, filling or dredging coastal] waters, salt ponds, lagoons, marshes or estuaries may be permitted... and shall be limited to ... public services purposes, including ... burying of cables and pipes ... new or expanded port, ail, gas, water transportation, and coastal dependent industrial uses... (emphasis added). Transportation There is a national interest in maintaining and enhancing the commercial navigation and port facilities of the Virgin Islands. The following agencies were contacted and/or commented on the management program: Department of Transportation (Coast Guard), Federal Aviation Administration the Corps of Engineers and the Department of Commerce. Specifically, the interests of the Department of Transportation are represented by the Virgin Islands Department of Public Works and the Virgin Islands Port Authority. In addition other sources consulted by the management program include: o Federal agency area of particular concern nominations for transportation areas. o Activities and devlopment plans conducted by the Department of Commerce's Maritime Administration and Economic Development Administration; o Department of Transportation Act; and o Environmental Impact Statements on the Harry S. Truman Airport expansion, the Southshore Public Port Facility in St. Croix, and the Crown Bay and Long Bay port facility plans, St. Thomas; and Enighed Head Cruz Bay Ferry dock (see Chapter Three, Context For Planning, Major Plans in the Coastal Zone). The Following are the major objectives for transportation: o to develop a balanced transportation system, o to provide safe, efficien t, and convenient access via one or more modes of transportation for the movement of people, goods and services to, from and through the coastal area. 159 The national interest in transportation is manifested in the land and water use plan and zoning designations which permit -affld encourage port and harbor development and the GAPC designations of Chapter Six. Areas suitable for transportation facilities are: , o South Shore Industrial Area (Southport), St. Croix o Fredriksted, St. Croix o Charlotte Amalie Harbor, St. Thomas o Crown Bay, St. Thomas o Harry S. Truman Airport Expansion, St. Thomas o Enighed Pond - Cruz Bay, St. John The Section 903(b) goals relating to transportation are goals (2) and (3) Section 903(b) states: (3) Assure priority for coastal dependent development over other development in the coastal zone by reserving areas suitable for commercial uses including ... port and marine facilities... — The relevant 906 policies are development policies, (2), (5) and (8). The Commission or Commissioner is directed: “ym mts (2) To give highest priority along the shoreline to water dependent uses... including marine and port facilities... (5) To encourage waterfront re-development and renewal in developed harbors... (8} To assure that dredging or filling of submerged lands is clearly in the public interest; ... Towards these ends, the diking, filling or dredging of coastal waters, salt ponds, lagoons, marshes or estuaries may be pemitted... and ... shall be limited to the following: (1) maintenance dredging required for existing navigational channels, vessel berthing and mooring areas ... new or expanded port ... and water trasportation, ... including commercial fishing facilities, cruise ship facilities, and boating facilities... Recreation The primary national interest in the Virgin Islands is found in recreational facilities. The Virgin Islands is unique in beauty and affords a diversity of recrea- tional uses for mainland tourists. In 1975-76 over one million tourists visited the islands, The National Park Service administers over one-half of St. John Island and Buck Island National Monument, St. Croix. Accordingly, the NPS and HCRS were extensively consulted and a representative from the NPS served on the CZM Technical Advisory © Committee. Other sources consulted by the Virgin Islands CZM Program included: 160 a ergo _gesitean ANS wht eta pe Virgin Islands recreation programs (SCORP); Faderal Agency GAPC nominations for recreational areas; Legislation creating the National Park in St. John and the Buck Island Monument. The following are the major objectives for recreation: a Recreation should be considered as an equal among competing users of the coastal area; To provide high quality recreational opportunities to all people of the U.S. while protecting coastal environment; To protect existing recreation areas from adverse contiguous uses; To accelerate the identification of no-cost transfer of surplus and under-utilized Federal property. ° Recreation concerns are illustrated by a number of GAPC designations and priority of use guidelines as well as VICZM goals and policies. The following GAPC are related to recreational use that is in the national interest: if) o te] 0 Christiansted Waterfront Altona Lagoon, St. Croix Western Christiansted Harbor, St. Croix Cheney Bay, St. Croix Green Cay, St. Croix Salt River, St. Croix Reef System, St. Croix Downtown Charlotte Amalie, St. Thomas - Hassel Island, St. Thomas Water Island, St. Thomas Estate Botany Bay, St. Thomas Magens Bay, St. Thomas Mandahl Bay, St. Thomas Chocolate Hole, St. John Lagoon Point - Local Bay, St. John The 903(b) goals relevant to the national interest are (1),(2),(3) and (6) and reiterated below. (1) protect, maintain, preserve and where feasible enhance and restore the coastal zone for the benefit of residents of and visitors to the Virgin Islands 16] (3} assure priority for coastal dependent development ... by reserving areas suitable for ... hotels and related facilities ... and recreation uses. (6) ... insuring that the public, individually and collectively, has and shall continue to have the right to use and enjoy the shorelines and to maximize public access to and along the shorelines... The appropriate 906 policies require the Commission or Commissioner: (2) to give highest priorty along the shoreline to water dependent uses... including recreation... (1) to protect and, where feasible or appropriate, enhance and increase public coastal recreational uses, areas and facilities (5) To foster, protect, improve, and ensure optimum access to, and recreational opportunities at, the shoreline for all the people... (6) Development shal] not interfere with the public's right of access to the sea where acquired through customary use, legislative authorization or dedication, including without limitation the use of beaches to the landward extent of the shoreline. (7) The Commission may require that public access from the nearest public roadway to the shoreline be dedicated in land subdivisions or in new development projects requiring a major coastal zone permit ... Air and Water Quality Protection of air and water quality is necessary to maintain the integrity of the Virgin Islands fragile coastal environment. The Environmental Protection Agency (EPA) and the Corps of Engineers have been consulted regarding these issues. Other sources consulted by the Coastal Management Program in determing the National interest in air water quality include: o Federal Water Pollution Control Act of 1972 and recent amendments. o Clear Air Act of 1970 and Amendments. o Federal Refuse Act. 0 National Solid Waste Act. o Working agreements between the Virgin Islands and the United States Environmental Protection Agency, including specifically the "208" program, solid waste, air and water quality programs. o Area of particular concern nominations relating to air and water quality. Objectives of the national interest with respect to air and water quality include: 1)provide adequate funds for sewage treatment facilities so that the 162 4 | pollution of our nation's waters can be abated; 2) to control and abate pollution systematically by proper integration of a variety of research monitoring, standard setting and enforcement activities. The Virgin Islands Coastal Management Program fully incorporates the national interests in air and water quality, and the requirements of the federal Water Pollution Control Act and Clean Air Act are made part of the Virgin Istand Program, including nonpoint sources of water pollution and air pollution. The Virgin Islands air and water pollution control acts have been developed pursuant to the Federal statutes. Thus, the water and air national interest will be met during program implementation through the process of issuing Virgin Islands and federal air emission and waste water discharge permits. The 903(b) goals which apply to the national interest in air and water quality are statements (2) and (9). Goal (2) is found in part A,(9) below: (9) maintain or increase water quality through control of erosion, sedimentation, run-off, siltation, and sewage discharge; Environmental Policies (4), (5), (8) and (10) also address the national interest in air and water quality. The Commission or Commissioner is directed: (4) To assure that siting 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. (5) To 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. (8) To assure that dredging and disposal of dredged material will cause minima} adverse effects to marine and wildfire habitats and water circulation. (10) To assure all of the foregoing, development must be designed so that adverse impacts or ... water quality are minimized to the maximum extent feasible... Wetlands and Endangered Species Habitats The Virgin Islands coastal wetlands support many habitats critical to fish and wildlife which are often threatened by development activities. Wetlands also play vital roles as water quality purifiers and retain flood waters. Of particular concern are the habitats of the endangered sea turtles at Sandy Point, St. Croix and elsewhere. Sandy Point Beach has been designated a critical habitat by FWS and the adjacent waters have been proposed for sich designation by NMFS, The Jersey area of St. Thomas comprises the last stand of 163 Mangrove ecosystem on the island. Lagoon Point and Chocolate Hole - Great Cruz Bay, St. John, provide other important resource areas. The Great Salt Pond and Bay and the Salt River - Sugar Bay area of St. Croix provide important wildlife habitat and wetland areas. Site specific reccommendations for each of these areas are found in Chapter Six (Areas of Particular Concern and Areas for Restoration and Preservation), The Fish and Wildlife Service, the Corps of Engineers, and the National Marine Fisheries Service were consulted on these issues. Other sources consulted by the Coastal Management Program to discern national wetlands and endangered species interests include: o The Endangered Species Act of 1972. o Area of particular concern nominations for wetlands, such as those nominations received from the U.S. Fish and Wildlife Service. o Fish and Wildlife Coordination Act. o Marine Protection, Research and Santuaries Act of 1972 o Executive Order No. 11990 (protection of wetlands) o Migrating Bird Act o Executive Order No. 11988 (flood plain management) o Fishery Conservation and Management Act of 1976 o Position paper from FWS regarding the national interest in mangrove stands. (Appendix E-1) : Objectives of the national interest in wetlands and endangered species habitats include: (1) to avoid to the extent possible the long-and short-term adverse impacts associated with the distrubtion or modification of wetlands and to avoid direct or in- direct support of new construction in wetlands whenever there is a reasonable and prudent alternative; (2) provide means whereby ecosystems upon which endangered and threatened species depend, may be preserved; and (3) to provide a program for the conservation of endangered and threatened species. Goal (8) of Section 903(b) mandates consideration of wetland and endangered species habitat interests which are national concern. The Legislature declares it a goal for the Virgin Islands to: (8} conserve ecologically signifcant resource areas for the contribution to marine productivity and value as wildlife habitats, and preserve the 164 function and integrity of reefs, marine meadows, salt ponds, mangroves other significant natural areas: i Furthermore, in Section 906 the Legislature directs the Commission or Commissioner: (1) To conserve significant natural aras for their contribution to marine productivity and value as habitats for endangered species and other life. (2) To protect complexes of marine resource systems of unique productivity, including ... salt ponds, mangroves .., to assure that activities ... are carried out so as to minimize adverse effects on ... habitat value. wee coe ak ee centre oe (5) To preserve and protect the environments of offshore island and cays. (8) To assure the dredging and disposal of dredged material will cause minimal adverse effects to marine and wildlife habitats and water circulation. (9) To assure that development in areas adjacent to environmentally sensitive habitat areas, especially those of endangered species, significant natural areas... is sited and designed to prevent impacts which would significantly degrade such areas, (10) To assure all of the foregoing development must be designed so that adverse impacts on ... habitat value ... are minimized to the maximum extent feasible ... r Archaelogical and Historic Sites i The Virgin Islands is a rich chronicle to the historic development of both the Virgin Islands and mainland U.S. Consideration of the national interest in archaelogical and historic sites has been a major concern during program development. The Planning Office is also the designated State Historic Preservation agency and the Planning Director the State Historic Preservation Officer. Consultation has taken place with the HRCS and the NPS. In determining the national interest in archaelogical and historic areas, sources consulted by the Coastal Management Program include: (:) The Antiquities Act of 1906 ) Historic Site Act of 1935 (*) National Historic Preservation Act of 1966 [e) Archaelogical and Historic Preservation Act of 1974 ) National Historic Preservation Act of 1966 (:) National Environmental Policy Act of 1969 (} Federal agency nominations for historic and archaelogical areas of particular concern : Major objectives of the national interest in historic and archaelogical sites are: ©} (+) to afford protection for designated historic and archaeological sites from adverse impacts and; 165 0 to consider cultural resources in assessing the environmental impacts of proposed activities. These concerns are reflected in the designation of several GAPC's: ) Fort Christiansvaern to Antilles Airboats, St. Croix (9) Frederiksted, St. Croix te) Salt River-Sugar Bay, St. Croix o Charlotte Amalie, St. Thomas 0 Hassel Island, St. Thomas (e) Estate Botany Bay, St. Thomas (0) Magens Bay, St. Thomas The appropriate 903(b) goals are (1) and (2), indicated in Figure I. Goal (1) is reiterated below: (1) protect, maintain, preserve and where feasible enhance and restore «+. the scenic and historic resources of the coastal zone ... SUMMARY The Virgin Istands' effort to coordinate and consult with federal agencies and other national interests will continue during program implementation. During program development, the coordination effort strengthened the Virgin Islands Coastal Management Program through recognition of federal agency program concerns and missions and area of ‘ particular concern nominations. Through this involvement, the Virgin Islands Coastal Management Program can assist in developing and conserving a unique coastal zone for the health, safety and welfare of present and future generations. Passage of the VICZMA ensures continued consideration of the National interest. 166 Federal Consistency Section 307 (c), (1), (2), and (3) and 307 (d) of the Coastal Zone Management Act are termed the "Federal Consistency” provisions, and assure that Federal activities, development projects, licenses ard permits, and financial assistance will be consistent with the approved management program. STANDARDS FOR DETERMINING CONSISTENCY In determining whether Federal activities, development projects, licenses and permits, and financial assistance are consistent with the Virgin Islands Coastal Zone Management Program, the following shall be applied: 1. The goals and policies found in sections 903 and 906 of the VICZMA of 1978, as set 2. Any additional policies, requlations, ard plans that are incorporated by amendement into the Program in the future. TERRITORIAL AGENCY RESPONSIBLE FOR CONSISTENCY REVIEW The DCCA is the agency to which corsistency certifications and determinations are to be submitted (see Chapter Five, Authorities and Organization). Federal agencies with administrative responsibilities in or significantly affecting the Virgin Islands Coastal Zone are required to act in conformance with Section 307 of the CZMA and NOAA implementing regulations (15 CFR Section 930 Gt. Seq.). FFDERAL ACTIVITIES AND DEVELOPMENT PROJECTS (Section 307(¢)(1) and (2)) Section 307(c)(1) and (2) of the C2MA require that Federal activities, including development projects significantly affecting the coastal zone “shall be conducted in a manner which is, to the maximum extent practicable, consistent with approved state management programs.” In the case of excluded Federal lands, activities on these lands that have an impact on the coastal zone beyond the boundaries of the Federal properties are subject to this provision, as are activities beyond the boundary of the coastal zone that significantly 167 affect the coastal zone. Federal agencies themselves determine whether or not an activity or project will significantly affect the coastal zone and whether or not it is consistent, to the maximum extent practicable, with the Coastal Management Program. ‘The Federal agency must, however, notify the Virgin Islands of its proposed “Act ion and its consistency determination. Certain categories of Federal action can generally be acknowledged as not affecting the coastal zone. These include: o Radio transmission ani placement and/or maintenance of aids to navigation placed or authorized by the U.S. Coast Guard; and _ o Any action for which the agencies' environmental impact procedures, established pursuant to the National Envirormental Policy Act of 1969, do not require issuance of an fnvironmental Impact Statement or negative declaration. Other activities and projects generally can be considered as significantly affecting the coastal zone. These activities include: o Federal agencies applying for licenses and permits, © Development projects in the coastal zone, o Land acquisition in the coastal zone, Oo Road construction in the watershed, o Waste discharge in the watershed, © Activities affecting or altering surface runoff qality or quantity in the coastal watershed, and the coastal zone, © Dredge, fill, development, corstruction, or waste discharge in coastal waters, o Any other activity which would,if carried on by a private party,.require a VICZM permit. To save time ard funds, and to avoid conflicts involving substantial commitments or resources, consistency should be assessed at the earliest possible time. Preferably, this should occur as an integral part of planning ard budgetary decisions. The MCCA/MCZM is the single Territorial agency responsible for reviewing Federal agency determinations that their projects ard activities are (or are not) consistent with the VICZMP. Fach Federal Agency must provide DCCA/DCZM with notification of such activities and projects in the Virgin Islands. Direct notification by the Federal Agencies to the Nepartment of Conservation and Cultural Affairs/Civision of Coastal Zone Management is requested, 168 FEDERAL LICENSES AND PEPMITS (Section 307(c)(e)(A & B)) Section 307(c)(3) of the National CZMA provides that any applicant for a Federal license or permit to conduct an activity significantly affecting land or water uses in the coastal zone must certify that the proposed activity complies with, and will be conducted in a manner consistent with, the management program, and submit all necessary information and data to the territory, DCCA/DCZM will then review the application and at the earliest possible time, but within 6 months (or 3 months for OCS plans), notify the Federal agency of its concurrence or abjection. The CZMA requires that: “No license or permit shall be granted by the Federal agency until the state or its designated agency has concurred with the apolicant's certification or until, by the state's failure to act (within 6 months) the concurrence is conclusively presumed. . ." Table 10.3 lists the kinds of Federal licenses and permits which may significantly affect the coastal zone, and which the Territory wishes to review for consistency with the Coastal Management Program. Such review is desired only for those licenses and permits that authorize activities within the boundaries of the coastal zone or which will have “spill aver" effects, i.e., significant effects within the coastal zone. If it is found by monitoring through A-95 that the issuance of other kinds of Federal permits and licenses causes significant effects on coastal land and water uses, the list will be expended through appropriate OCZM procedures for changes to the VICZMP. Federal agencies are required to submit applications for unlisted permits or licenses to the territory if the DCCA/DCZM determines that the activity for which such a license or permit is sought would significantly affect the coastal zone. Within 30 days of receipt of such application the DCCA/DCZM must notify the Federal agency and applicant that the unlisted activity significantly affects the coastal zone and required DCCA/OCZM review or that the V.I. waives its review of the unlisted activity. Non-Federal applications for Federal licenses or permits to conduct an activity affecting land or water uses in the coastal zone must submit a certification statement to DCCA/DCZM in- dicating that the proposed activity will be consistent with the program. The certification statements must be accompanied by sufficient information to support the applicant's con-~ sistency determination. The Federal license or permit may nat be issued by the Federal agency if DCZM objects to the applicant's certification statement, unless the Objection is overturned on an appeal to the Secretary of Commerce because the activity is consistent with the objartions of the Act, or is in the interest of national security (Section 307(c)(3)(A)}. Table 10.3 lists the licenses and permits that are to be considered subject to the consistency sravistons and will require a certification of compliance. The issuance of a coastal zonegpermit by DC2M will indicate compliance with the program. If 169 an applicant to a Federal agency has a valid coastal zone permit issued by DCCA/DCZM, it will also indicate campliance with the program. Applicants submitting exploration, development or production plans to the Secretary of the Interior pursuant to that requirements of the Outer Continental Shelf Lands Act, and regulations thereunder, shall, with respect to any exploration, development or production described in such plan, submit to DCCA/DCZM a copy of such plan accompanied by a certifica- tion 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 : accanpanied by necessary data ani information to support the applicant's certification statement. Federal licenses and permits for OCS activities described in detail in such plans shall not be issued by the Federal agency if NCCA/NCZM objects to the applicant's certification statement, unless the objection is overturned on an appeal to the Secretary of Commerce (Section 307(¢)(3)(B)). FEDERAL ASSISTANCE (Section 307(d))} Section 307(d) of the CZMA establishes consistency requirements for Federal Financial Assistance to the Territory, Federal assistance includes any grant, loan, contract, subsidy, guarantee, insurance, or cther form of financial aid. If any such aid "affects the coastal zone,” it must be consistent with the Coastal Management Program. Applications submitted for Federal Assistance for an activity affecting the coastal zone shall go through the a-95 notification and review process to permit CCCA/DCZM to review the consistency of the proposed Federal assistance activity. If DCCA/DCZM objects to the proposed Federal assistance, the application can not be qranted unless the objection is overturned on an appeal to the Secretary of Commerce (Section 307(d)). PROCESSING OF COMMENTS ON CONSISTENCY The Virgin Islands will rely upon the public notice provided by the Federal agency reviewing the applications for the Federal license or permit. If such notice does not satisfy the minimum requirements of 0CZM regulations adopted pursuant to Section 307(c)(3), DCCA/NC2ZM will require that the additional notice required be given by the applicant. DCCA/ DCZM will consult with affected Fejeral agencies to determine whether the Federal notices comply with OCZM notice regulations. The DCCA/DCZM will review all caments received within 170 a (iy | BE. CA hielo munca the time limit specified for a consistency finding by the CZMA ard OC2M regulations. In addition, DCC2/DCZM will make its own initial determination of consistency. If any camments are received suggesting that the action is nct consistent, or it the Virgin Islands itself makes initial determination that the action is not consistent, DCCA/DC2ZM will attempt, through negotiation, to obtain modifications to the project or ensure that other appropriate steps are taken to achieve consistency. If the conflict cannot be resolved to the mutual satisfaction of all reviewers, DCCA/DC2M will review all comments anid make a determination of consistency or lack of consistency on behalf of the Virgin Islands. ay 17] base geri os EA ete ae we a ASRS RAE pia Table 10,3 FEDERAL LICENSES AND PERMITS SUBJECT TO CERTIFICATION OF CONSISTENCY Type of Federal licenses or permit Department of Agriculture Permits for waterplants, dams etc. under 16 USC 497 Permits for construction of hotels etc. on National Forest Service lands under 16 USC 497, Department of Commerce Permits for activities within Martine Sanctuaries under 33 USC 1401-1444 Department of Defense - U.S. Army Corps of Engineers: Permits and licenses required under Sections 9 and 10 of the River and Harbor Act of 1899. (dams; obstruction or lateration of, and excavation and depositing of m.terial in navigable waters of the United States) Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries Act of 1912 (Ocean Dumping). Permits and licenses required under Section 404 of the Federal Water Pollution Control for (discharge of dredged or fiil material into waters of the United States) Nuclear Regulatory Commission: Permits and licenses required for siting and operation of nuclear power plants. Environmental Protection Agency: Parmits and licenses required under Section 402 and 405 of the FWFCA of 1972, as amended Permits and applications under the Clean Air Act of 1974 as amended. Department of Interior - Bureau of Land Management: Permits for pipeline rights-of-way Department of Transportation - U.S. Coast Guard: Permits for construction of bridges under 33 USC 40k, 4591-50/ and 525-534. Permits for deep-water ports (33 CFR 158 et seq.). Department of Transportation - Federa! Aviation Administration Permits for operation of airports Federal Energy Regulatory Commission Permits for construction and operation of facilities needed to import or export natural gas under Section 7(c) of the Natural Gas Act (15 U.S.C. 717 f(b)). OCS production plans Department of Interior - U.S. Geclogical Survey Plans for exploration, production, and development of OCS gas and of] (Review oursuvant to Section (307(c)(3)(8) of the CZMA} et EAA OS a EL GR ES ‘gh fd i a al i if SECTION TWO Virgin Islands Coastal Zone Management Program Environmental Impacts Appendices ® Shaeleaien GED, 0 Hh, —_— iid + em Neal Ris Shae re C is ahs aK er ri ves es & a it Mis i i "9 hee te Gh te di oh i as By pany be Ra + o Rae iB Noah ie er a rm is a pa ate } pe x oy i % nat pau enh rare so a7 ae yr eh 79 ange? we eas ri nt haga, Hey sptron ay va mn aE aes a ic ton a at a : He ee te rer i “ie alias sy sap A ee i HY. a ae MG ae ty ei i i wth . is ist ite ty iz eeu ao las Er ve if fh eal i, coke oe i Ae iy et se a sis Bi oe is ine ie rf Pr a4 - E oa ‘4 i Bh, ww i fis ie Ye ie ze faa a Bs By NY Sy ei if ‘Age iu ‘e ii te ot Ry ET ¢ at ies Sn eat a] 7 ay By A ie 1 Ri ale am oe 7 “i eM gf fy #8 FE ba me ast “i Ee, iv i) uo et oe ist fey ES ey Seerti Fy oii an Pacers ee shoe re oe x4 st attend tah ua suf PART IV Virgin Islands Coastal Zone Management Program Envirormental Impacts Description of the Environment Affected see Part Two, Context for Planning: Chapter Three, Qontext for Planning: Background and Setting. Chapter Four, Issues and Problems Description of the Proposed Action See Part Three the Management Program: Chapter Five, Authorities and Organization. Chapter Six, Areas of Particular QOoncern and Areas for Preservation and Restoration. Chapter Eight, Shorefront Access and Protection Planning. Chapter Nine, Shoreline Erosion Mitigation Planning and Energy Facility Siting. Relationship of the Action of 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). 173 ce nda aE We ake ctteceew FRUBABLE IMPACTS OF THE PROPOSED ACTION ON THE ENVIRONMENT 1. Impacts Resulting fram Federal Approval A. Federal Funding. Federal approval of the VICZMP will permit OC2M to award program administrative grants (pursuant to Section 306 of the CZMA) to the Virgin Islands. The type of activities for which the Virgin Islamis will use these funds includes provisions: for a larger staff in the DCZM and for enforcement, preparing and refining of regulations; additional beach cleaning services; amd the development of detailed plans for areas of particular concern. Federal Consistency. Approval of the VICZMP will mean that all Federal aqencies must follow the vrovisions of Section 307(c) and (d) of the CZMA, These consistency provisions amd the manner in which the Virgin Islands intends to implement them are described in Chapter 10. National Interest. Federal approval of the VICZMP is depemient in part on a Finding that the Virgin Islands has adequately considered the national interest in the siting of facilities and management of areas that are of more than local concern, such as energy amd defense facilities, recreational areas, etc.. While a state is not compelled to propose a program which accammodates certain types of facilities, the impact of this procedure will assure that such national interests are not arbitrarily excluded or restricted fran the coastal zone. The national interest in the Virgin Islands Coastal Zone is outlined in Chapter 10. Other Coastal Management Assistance. Federal approval will also assure continued eligibility of the Virqin Islands to receive funds under additional coastal zone management assistance programs, such as Coastal Energy Impact Program, interstate coordination, beach access, island preservation ami research and training, 175 nie fA or TES DR ARE he kit | i 4 Si ats cael 2. Impacts resulting from implementing The emphasis of the Virgin Islands Coastal Zone Management effort has been to develop a rational environmental program; to accommodate development and economic growth while maintaining or enhancirg 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, ay 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 econemic environment. Tne 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. Tne 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, protecting and maintaining certain resources. Coastal policies pertaining to the first tier of the coastal zone are concerned with development, tne 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 176 cee, SECRETE Tamer or enon epee pane mere tien theres ict eat Ih SU 9 eeu Sie ehh dene atte rere. given a nigh priority and encouraged. The policies recognized the roie that a coastai 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 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. Furthermcre, 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 redevelapment of existing urbanized and downtown areas since business and commercial activities will be encouraged to locate in these areas. The environmental policies will have a decidedly positive immnact 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 policies 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 upgarding 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 remcva! will also be conducted in a manner that will not adversely affect marine resources. Dredge and fill activities will be conducted with similar diligence. 177 As a group, the environmental policies will accommodate 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 certain 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 wil] 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 shore- line and of the coastal waters will continue to be maintained, if not increased. Cne 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 Goctrines, easement and fee simple purchases. Coastal policies pertaining to the second tier of the coastal zone are derived from the exist- ing Virgin Islands Earth Change Law, Chapter 13, Title 12, Virgin Islands Code. This law applies to alt private and public land alteration activities effecting coasta}] land and water resources. The implementation of these policies, consistent with the goals of the management program will insure the mitigation of neaative 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 intoierant 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 oursuant 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 development and conservation uses on steep areas, and a maximum of medium density residential develop- ment 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 should be prohibited on areas of severe building constraints with these sites considered for incorporation into the emerging 178 PENA BR 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 improvement 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 wil]? be reduced. Shoreward earth change and drainage modifications will be controlled. Oredging will also be prohibited from bays with beaches except under certain carefuily controlled and monitored situations. Therefore, possible beach erosion will be prevented. The most significant impact of the guidelines for mangroves is the prese-vation of the two last remaining large mangrove areas. Sait 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 controlted 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 £1). Habitat for wide variety of fish and wildlife will be maintained. Habitat for species as the White-crowned Pigeon (Columba eurocepholus) and the rate 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 cof 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. 179 Ts agile a A Ee ct deh 6S The integrity of these areas will be maintained. As a result, the myraid of marine species which inhabit the areas will continue. The most notable is the queen conch (Strombus gigas) and several species of rare and endangered sea turtles (green Hawskbill and Leatherback). In addition, retention of grass beds will have beneficial impacts on sand areas and help retard any loss of beach material by stabilizing effects. The guidelines toward sand bottoms address the use of these areas in a manner that will] be con- sistent 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 wiil assure maintenance of reefs as natural breakwaters, thereby attenuating wave action and maintaining natural erosion and accretion rates. As a result, valuabie 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 endangered or near being so. PROBABLE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED “he thrust of the Virgin Islanmis Proaram has heen to accomodate econamic growth and development while maintaining or emhancing the qualitv of the natural environment. The over- all assessment is environmentally beneficial with two possible reservations. 180 The program will protect and conserve some areas, while encouraging development to be sited in others. Certain types of development such as non-water dependent/ related camercial 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 inlani areas and result in some resource damaqe. However, such loss of inland resources is already occurring and the coastal zone management program represents an improve- ment over present land use allocations. Canmercial 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 aiverse 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. 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- tem uses of the envirorment. It will also provide a long-term assurance that the natural resources amd benefits of the Virqin Islands Coastal Zone will be available for future use and enjoyment. Without the implementation of the Program, intense short~term uses amd gains, such as provided by piecemeal residential, industrial, ard cammercial development might be realized. These gains would accrue t a certain segment of the private sector. For the most part, this would result in long-term restrictions on coastal resource use and benefit because of degradation to the environment and loss of basic coastal resources. Without coastal zone management, and a rational land and water use plan, the traditional conflict between coastal resources users will continue. The Program provides a sound basis for decision making, protects the important natural systems ard directs uses to areas with natural capabilities and infrastructure capabilities