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Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews. Inspector Name(s) Seika Robinson and Sofa Olivero Lora Time In 10:00 AM Start Date June 13, 2024 Time Out 12:00 PM End Date June 13, 2024 Inspector's Organization US EPA Region 2, Water Division, Water Management Branch, Wetlands Protection Section Organization Requesting Inspection (if different) N/A Inspection Type Case Development Inspection Status Original Site Name DBR Dorado Owner, LLC Site Address* Tax parcel 037-000-001-07-000 City* Dorado County* Dorado State* PR Zip Code* 00646 Mailing Address* 100 Dorado Beach Drive, Suite 1 City* Dorado County* Dorado State* PR Zip Code* 00646 Latitude* 18.457122 Longitude* -66.302936 Estimated Size of Site (acres) 499.19 Inspector Signature Supervisor Signature Is there a home on the site? Yes Digitally signed by SEIKA ROBINSON Date: 2024.08.23 09:45:22 -04'00' Date Digitally signed by MARCO FINOCCHIARO Date: 2024.08.23 10:19:10 -04'00' Date No 8/23/24 8/23/24 Effective August 2020 Page 1 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name DBR Dorado Owner, LLC Start Date June 13, 2024 End Date June 13, 2024 Inspection Purpose Initial site visit Presentation of Inspector Credentials Opening Conference Name and Title (Use N/A if owner/operator not available to join the inspection) Inspectors, Seika Robinson and Sofa Olivero Lora presented credentials the day of the inspection to Hans Moll, Representative for Dorado Owner, LLC. (hereinafter referred to as "DBR"); Melissa Salicrup, Consultant for DBR; and Roberto Sanchez and Nicolas Iturregui, Representatives for Dorado Beach Resort (hereinafter as the "Resort"), a resort that is operating on the property. Opening Conference Name of person authorizing access if applicable Roberto Sanchez authorized access to the property the day of the visit. Notes from Opening Conference EPA explained the purpose of the inspection, EPA and the U.S. Army Corps of Engineers (hereinafter as the "Corps") role with regulating wetlands under the Clean Water Act Section 404 ("CWA"), and what areas would be inspected. EPA explained that the enforcement case that the Corps had with DBR Farm Owner LLC has been officially referred to the EPA in accordance to the Memorandum of Agreement the EPA and Corps established for CWA enforcement actions. Meaning, the EPA is now the lead enforcement agency investigating the alleged unauthorized discharge of fill material into waters of the United States ("WOTUS"). EPA also explained that the Corps currently has an Approved Jurisdictional Determination ("AJD") Request with the Corps and that request is still being handled by the Corps and not the EPA. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Site Owner: DBR Farm Owner LLC (DBR Farm) Orlando R. Mndez omendez@doradobeach.com 787-485-8801 Dorado Beach Resort #120 State Road PR-693 Dorado, Puerto Rico 00646 Additional Persons Present at Inspection Roberto Sanchez, rsanchez@doradobeach.com, 787-240-8101; Hans Moll, hmoll@prisagroup.com; 787-644-8801 Melissa Salicrup, msalicrup@gmail.com, 787-579-3197 Nicolas Iturregui, Representative for Dorado Beach Resort, niturregui@doradobeach.com, 787-399-0009 General Site Characteristics (layout of property, etc.) The property is approximately 499.19 acres in size and is mostly undeveloped land. The EPA National Hydrology Dataset identified Effective August 2020 Page 2 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name DBR Dorado Owner, LLC Start Date June 13, 2024 End Date June 13, 2024 several blue line canals on the property. Each canal drains to the south towards Canal Matambas. Flowing west-northwest along the southern property boundary, Canal Matambas drains into Ro Cibuco which discharges into the Atlantic Ocean. Canal Matambas also flows through a large wetland system, the Cinaga Prieta. Purpose and Need for Discharge of Dredged and/or Fill Material DBR stated during the inspection that the purpose of the fill material is for farming and horse stables for the Dorado Beach Resort. Site Overview (Past inspections, site description, permits, etc.) In 2019, DBR submitted an application for a Approved Jurisdictional Determination ("AJD") to the Corps under application #SAJ-2019-03898. On December 11, 2019, the EPA accompanied the Corps during a Corps-lead site inspection at the property and on January 29, 2020, the Corps issued a Notice of Violation to DBR alleging the presence of unauthorized fill material within WOTUS on the property. On July 31, 2020, The Corps rescinded the aforementioned Notice of Violation and ceased enforcement actions involving DBR and the property. In April 2024, the Corp conducted site inspections in relation to the AJD application. An enforcement action as opened again with the Corps as possible unauthorized fill material within wetlands was observed during the April site inspections. On June 12, 2024, in accordance with the 1989 Field Level Agreement between the EPA and the Corps, Jacksonville District, the EPA requested the Corps enforcement case involving DBR. The EPA is now the lead CWA enforcement agency investigating the alleged unauthorized fill material discharged within WOTUS on the property. Scope of Inspection (Areas inspected or not inspected) EPA walked around the center of the property where the plantain and avocado trees and the large greenhouses were located. EPA then walked the furthest south possible to observe the area of earth moving work conducted by DBR. See Attachment A for a map of the area EPA inspected. Effective August 2020 Page 3 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name DBR Dorado Owner, LLC Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Temperatures were in the 80s (degrees in F); sunny; wet season Start Date June 13, 2024 End Date June 13, 2024 Field Work Conducted During the inspection, EPA collected GPS data (see Attachment A), photographs (see Attachment B), and handwritten notes. EPA entered the property through the Resort entrance located on the parcel North of the site. Representatives of DBR and the Resort met with EPA at the northern border of the property being inspected. EPA then walked south along the dirt roads on the property, around the constructed greenhouses and rows of plantain and avocado plants, to the southern most extent possible. Throughout the property, canals were observed as well as pooling surface water. DBR stated that canals were recently excavated and relocated on the property. EPA observed a fence, running east to west, along the southern portion of the property. Representatives of DBR stated that DBR conducted their own wetland delineation on the property prior to the site visit. DBR stated that the fence is to indicate the DBR identified "buffer area" between the DBR identified uplands and wetland portions of the property and the large, white PVC pipes further south of the fence are the DBR marked wetland boundaries. See Attachment B for photographs of the fence and PVC pipes. North of the fence, EPA observed evidence of earth moving activities, including vegetative clearing and the discharge of fill material. One soil pit was dug along the northern side of the fence to test for wetland indicators. The soil sample was dug in an area impacted by vegetative clearing activities. The soil sample location showed positive wetland indicators for hydric soils, hydrology, and wetland vegetation (see Attachment C for wetland data forms). Closing Conference Documents Received and/or Requested During the Inspection N/A Compliance Assistance Provided (If any) N/A Observations Relayed to Site Owner/Operator N/A Actions Taken by Owner/Operator During the Inspection (If any) N/A Potential Issues of Concern Including Regulatory Citations Potential areas of jurisdictional wetlands and streams may have been subject to unauthorized filling activities on the Site. An AJD from the Corps should be issued for the site prior to conducting additional work. Earthmoving activities and discharges of fill material may result in violations of the CWA if performed without authorization under a Corps CWA permit. Attachments* Maps and Sketches Photographs (including location) and Photo Log Effective August 2020 Page 4 of 5 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name DBR Dorado Owner, LLC Other (SSIP, Wetlands Delineation Forms, etc.) Start Date June 13, 2024 End Date June 13, 2024 Attachment A: Map with GPS Data; Attachment B: Photolog; Attachment C: Wetland Determination Data Sheet Additional Notes None Effective August 2020 Page 5 of 5 Attachment A: Map with GPS Points Attachment B: Photolog CWA 404 Inspection DBR Dorado Owner, LLC Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico June 13, 2024 Date: June 13, 2024 Time: 10:40 AM Photographer: Sofa Olivero Lora Photo ID: P6131044 Description: Panorama of the vegetation that can be seen on the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:44 AM Photographer: Sofa Olivero Lora Photo ID: P6131053 Description: Panorama of the dirt paths on the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:43 AM Photographer: Sofa Olivero Lora Photo ID: P6131052 Description: Panorama of the site. Piles of fill material and plastic tree planters can be seen throughout the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:12 AM Photographer: Sofa Olivero Lora Photo ID: P6131069 Description: Panorama of the dirt paths on the property. Large planters were observed with avocado trees growing in them. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:38 AM Photographer: Sofa Olivero Lora Photo ID: P6131043 Description: Plantain trees were observed growing on the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:41 AM Photographer: Sofa Olivero Lora Photo ID: P6131047 Description: Avocado trees were observed growing on the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:41 AM Photographer: Sofa Olivero Lora Photo ID: P6131049 Description: Along the dirt road that EPA walked, channelized ditching was observed. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:14 AM Photographer: Sofa Olivero Lora Photo ID: P6131072 Description: Along the dirt road that EPA walked, channelized ditching was observed. Avocado trees were also observed being grown in large plastic planters. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:12 AM Photographer: Sofa Olivero Lora Photo ID: P6131070 Description: Along the dirt road that EPA walked, channelized ditching was observed. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131068 Description: Along the dirt road that EPA walked, channelized ditching was observed. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:12 AM Photographer: Sofa Olivero Lora Photo ID: P6131069 Description: Along the dirt road that EPA walked, channelized ditching was observed. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:43 AM Photographer: Sofa Olivero Lora Photo ID: P6131051 Description: One of the large greenhouses built on the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:44 AM Photographer: Sofa Olivero Lora Photo ID: P6131054 Description: Surface soil cracks can be found throughout the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:15 AM Photographer: Sofa Olivero Lora Photo ID: P6131073 Description: Surface soil cracks can be found throughout the property. Tire tracks were also observed in the mud in areas cleared of vegetation. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131074 Description: Surface soil cracks can be found throughout the property. Tire tracks were also observed in the mud in areas cleared of vegetation. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:41 AM Photographer: Sofa Olivero Lora Photo ID: P6131046 Description: One of the pools of surface water observed on the property. Vegetative clearing and fill material observed along side the dirt path EPA walked during the visit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:41 AM Photographer: Sofa Olivero Lora Photo ID: P6131048 Description: Panorama of the vegetation and hydrology on the property. Pools of surface water were observed on the property. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:53 AM Photographer: Sofa Olivero Lora Photo ID: P6131060 Description: Soil sample that EPA dug up to evaluate for wetland indicators. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:55 AM Photographer: Sofa Olivero Lora Photo ID: P6131061 Description: Soil sample that EPA dug up to evaluate for wetland indicators. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:56 AM Photographer: Sofa Olivero Lora Photo ID: P6131062 Description: Soil sample that EPA dug up to evaluate for wetland indicators. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:48 AM Photographer: Sofa Olivero Lora Photo ID: P6131057 Description: Vegetative clearing and fill material observed surrounding the area where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:41 AM Photographer: Sofa Olivero Lora Photo ID: P6131045 Description: Vegetative clearing and standing surface water observed surrounding the area where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:41 AM Photographer: Sofa Olivero Lora Photo ID: P6131050 Description: Vegetative clearing and standing surface water observed surrounding the area where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:48 AM Photographer: Sofa Olivero Lora Photo ID: P6131058 Description: Vegetation and fill material observed surrounding the area where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131063 Description: Vegetation present within 30 feet of the soil sample location. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131066 Description: Vegetation present within 30 feet of the soil sample location. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:48 AM Photographer: Sofa Olivero Lora Photo ID: P6131059 Description: Vegetative clearing and fill material observed surrounding the area where EPA dug a soil pit. Large, white PVC pipes (circled) were observed south of where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:47 AM Photographer: Sofa Olivero Lora Photo ID: P6131056 Description: Large, white PVC pipes (circled) were observed south of where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131064 Description: Large, white PVC pipes (circled) were observed south of where EPA dug a soil pit. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131065 Description: Vegetation present within 30 feet of the soil sample location. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 10:47 AM Photographer: Sofa Olivero Lora Photo ID: P6131055 Description: Vegetation observed south of the soil sample location. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Date: June 13, 2024 Time: 11:08 AM Photographer: Sofa Olivero Lora Photo ID: P6131064 Description: Vegetation observed south of the soil sample location. Tax parcel 037-000-001-07-000, in the Municipality of Dorado, Puerto Rico Attachment C: Wetland Determination Data Sheet U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET - Caribbean Islands Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R Requirement Control Symbol EXEMPT (Authority: AR 335-15, paragraph 5-2a) Project/Site: Dorado Beach Resort Municipality/Town: Dorado Sampling Date: 6/13/2024 Applicant/Owner: DBR Dorado Owner, LLC PR or USVI: PR Sampling Point: 1 Investigator(s): Seika Robinson and Sofa Olivero Lora Ward/Estate: Municipality of Dorado Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope (%): Lat: 18.4557531N Long: -66.3025780W Datum: NAD 83 Soil Map Unit Name: Almirante clay, 2 to 5 percent slopes NWI classification: PEM1F Freshwater Emergent Wetland Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X , Soil X , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes X No Wetland Hydrology Present? Yes X No Remarks: Is the Sampled Area within a Wetland? Yes X No VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: 30 ) Absolute % Cover 1. 2. 3. 4. 5. Sapling/Shrub Stratum (Plot size: 30 ) 1. Mimosa pellita 5 2. 3. 4. 5. 5 Herb Stratum (Plot size: 20 ) 1. Ipomoea setifera 30 2. Paspalum virgatum 30 3. Cuphea micrantha 5 4. Senna obtusifolia 5 5. Urena lobata 5 6. Rhynchospora corymbosa 2 7. 8. 77 Woody Vine Stratum (Plot size: 30 ) 1. 2. Dominant Species? =Total Cover Yes =Total Cover Yes Yes No No No No =Total Cover =Total Cover Remarks: Indicator Status FAC FACW FACW OBL UPL FACU FACW Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: Total Number of Dominant Species Across All Strata: Percent of Dominant Species That Are OBL, FACW, or FAC: 3 (A) 3 (B) 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 5 x 1 = 5 FACW species 62 x 2 = 124 FAC species 5 x 3 = 15 FACU species 5 x 4 = 20 UPL species 5 x 5 = 25 Column Totals: 82 (A) 189 (B) Prevalence Index = B/A = 2.30 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is 3.01 Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-3-SG, JUL 2018 Caribbean Islands - Version 2.0 SOIL Sampling Point: 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks 0-8.5 10YR 2/1 98 10YR 6/6 2 D M Mucky Loam/Clay 8.5-14 10Y 7/1 20 7.5YR 5/6 70 C PL/M Loamy/Clayey Prominent redox concentrations 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: Histosol (A1) Sandy Gleyed Matrix (S4) Histic Epipedon (A2) Sandy Redox (S5) Black Histic (A3) Stripped Matrix (S6) Hydrogen Sulfide (A4) Dark Surface (S7) Organic Bodies (A6) Loamy Gleyed Matrix (F2) X 5 cm Mucky Mineral (A7) Depleted Matrix (F3) Muck Presence (A8) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: Stratified Layers (A5) Red Parent Material (F21) Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (Inches): Hydric Soil Present? Yes X No Remarks: Soils in the surrounding area has been impacted from earth moving activities. There is no evidence of fill material over native soils in the location of the soil pit sample. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Water (A1) Water-Stained Leaves (B9) High Water Table (A2) Aquatic Fauna (B13) Saturation (A3) Hydrogen Sulfide Odor (C1) Water Marks (B1) X Oxidized Rhizospheres on Living Roots (C3) Sediment Deposits (B2) Presence of Reduced Iron (C4) Drift Deposits (B3) Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) Thin Muck Surface (C7) Iron Deposits (B5) Fiddler Crab Burrows (C10) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Secondary Indicators (minimum of two required) X Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Dry-Season Water Table (C2) Saturation Visible on Aerial Imagery (C9) Geomorphic Position (D2) Shallow Aquitard (D3) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-3-SG, JUL 2018 Caribbean Islands - Version 2.0