Environmental Compliance Plan

8/7/2019 Environmental Compliance Plan

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EI\TWRONMENTALCOMPLIANCE PLAN

WRITTENBY:

TIIE DBP.ART]UIEMT OF TITE EI{VTROIVfuTENT

FOEI:

A PROPOSED ETESTDENTTAL AND TOUETISM

SUBDTVISION

LOCATED AT LONG CAYE AT LIGITTITOUSE REEF IFl]OR AATD ON BEITALF OF

PLBASARE TSLAND LIMITED

C\}|r Doqffi \ECPr\faqep.ECPnc

ocToBER 1, 2007


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Tlrc following are the terms and conditionsof the Compliance Plan entered into betn'een Pursunrlsuxo LrutrEo, hereinafter referred to as THe Devnlore& and the DilTnTMEIYToF TflEErwrnoxuonr @OE) in respect to a residential suMivision at L,ongCaye al lighthour Reefcomprising of 888 parcels in PhasOne and all mangrove and wetland areas being designatedas areserae. The development of Phase Two will commenc upon the developrnent of fifteen percent(1s%)ofthe t88 parccls in accordancewiththe EnvironnrentalCompliancePlanand Eco-guidelirc

developedfor theproject.

It is agreed by The Developer that the terms ad conditions of this compliance plan shall bebiding upon P1gsuRE IsLANDL&trTED,its servants or agents, successors, or assigns. Tbctrmsandconditions embodied in this compliance plan are made purnrant to section 20 (7) of theEnvironmental Protection Act, Chapter 328 of the taws of Belize, Revised Edition 2000,Regulationl0 of the Environmental hpact AssssmeotRegulations*S.I.(t'fo. 107of 195)"and all other relevant provisions of the Act. Environmental Clearance is being granted tmderthese conditions.

I.O PT,JRPOSE

Thc pgrpose of this document is to officially instinrte best practice measunesthat would prevent,control and mitigate the environmental degradation tbat may arise from tbe project The specificactions proposed have been made only after carefirl enalysis by the Ndiooal EnvironmentalAppraisal Committee (NEAC) of tbe information contained in the Environmental ImpactAsessmen! and identification of potential negative environmental impacts associated with srchrcsidentialand tourism projects. It must be borne in mind thet this Environmenal CompliancePlanwasprepared based on the best available information on the pmject contained in th Environmentalknpact Assessment prepared for this project. Therefore, the Deparment of thc Environment (DOE)reserves the rigbt to make modifications to this compliance plan, with pri


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3.0 POTENTIAL SOURCES OF EI\MRONMEI{TAL IMPACT DURINGDEVELOPMENTOF TTIE PROJECT:

o Contaminationof soil and waternesourcesduringard after projectdevelopmentandinstallation. Potentialcontaminationsourcesare from tbe generationof sediments,gray water, solid waste, and from boat usage.

o Habitatalterationfrom clearance of land;

o Acceleratederosion with subsequent siltationof walernesourcesdue to constnrctionof the requfued infrastnrcture;

o Alterationofwildlife in the areadue to clearanceof landand otherrelatedactivities;

o Alterationto possible scenicaneas;

o Changes in population dynamics arising from the development and its consequentialenvironmeutal effects; and

o Potential impact to fringing and patch coral.

This list is by no means an exhaustive list of potential environmentalproblems that could arise fromthe said proposd project

EI\IVIROI\IMENTAL COMPLTANCE PLAI\I

After revision of the environmental impact assessment submine4 the Departnent of theEnvironment(DOE) and The Developer (Pleasure Ishnd Limitcd) agees to the following:

The implementationof this projectwill be canied out only for those activitiesdescribedinthis EnvironmentalCompliancePlan. No firther development shall take place outsideofwhat has been proposed in the above- mentioned document without the prior writtenperrrissionof the Departuent of the EnvironmenL The Det-eloper will apply to theDepartrnentof the EnvironmentforEnvironnuntal Clearancc for all new activitiesoutsideof what is agreedupon in this Environmental CompliancePlm-

Recognizing that the project could have some negative enrironmental impacts, The

Developer hereby agrees to take the necessary measuresdescribed in the following actions,to mitigate these impacts.

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5.0 CLEARING OF LAIYD AND EFFECTSON WILDLIFE

In an effort to mitigate the negative impacs associated with clearance of the land (habitat loss,decrease in wildlife and erosion), Thc Ilevclopcr agrees to take the followingmeasurcs:

5.01 Only enough vegetation will be removed to dlow for surveying, constnrction of[uitdings and tbe laying of necessary infrastnrtue. When parcels are sol4 TheDeveloper will ensrne that consnnrctionof buildings will be plannedaround existingvegetation for landscaping of parcels. Only 2V/o of coverage will be cleared forconstnrction of Pdapa, Stilt Tpe houses. Furthcr vegetation clearance will blimited to trimming of trees and vegetation only.

5.02 Topsoil should not be permanently removed from any land to be zubdivided" Theexception is the dredging which is dealt with separately in this EnvironmentalCompliancePlan.

5.03 All th vegetation along the perimeter of all lagoons locaredon the islan{ theirrespective outlet chan.Bls as well as the ocean wiUbe maintainedin its natural state,and alteration will be limited to rinming of vegetation. A sixty-six foot beachresrve will b left around the entire island for use as a public reserve. No permanentstr,rcttres will b allowed sithin this rcserve.

5.04 All that property ufiich had been identified as Phase Thee with the EnvironnrentalImpact Assessment and which is primarily comprised of mangroves and otherwetland species, wil be set aside as a mangnove preserve.

(a) Within six (6) months after the signing of this ECP, the Developer will

prcsent to the DOE, a draft copy of the legal instrumentsetting this ara asa mangrcve preserve for the protection of the fisheries nesouncand theenvironment of the area

O) A draft of the legat instrtrment will be accompanied by a proposed co-management arrangementwith a local organizationfor the managementofthe mangrove preserve. (Tbe Developer is advised to look at the TapirMountain Resen'e iurangement as a guide)

(c) Six (6) months after the accptanceofthe proposeddraft legal insftrmentand management plan, a copy of the final arrangement and legalinstnrment will be presented.

6.0 ROADS AI{D DRAINAGE

6.01 As this project is environmental in nature, a l0- foot access walkway(paths or trails)will be cut, in lieu of paved roadways (subject to approval by Ministry of Works),through existing vegetation to bave minimal impact on the environment. Drainage


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will be maintained in its present, natural state. There will be a 40-foot road rescrvethat mayhaveelevated walkways as the topognphy mayrequire,theseconditionsaresubjectto the approvalof the t*,lititty of Worlr and their standards for roadsaridstreet constnrction.

6.02 All drainagealong rvalkwaysmust remain in its natural state, as it currentlyexists.Constructionwill be done in such a way to allow for natural drainage.

6.03 Householddrainagepipes will not be allowed to empty directly into any wetlandarr'4 oraoy other r*"terrcsourc and zurrounding environs. These pipes will leadtoappropnately designed leach fields in accordance with designs approved by tbeDepartmentof Environment

7.0 CONSTRUCTION OF BI.JILDINGS

The llevelopcr will pay careful attention to the quality of the overall design of the buildingsincluding house t1pe,@mmrnity facilities, parks and landscapingofthe lots The llwcloper agreesto abide by the following practices:

7.01 Constnrction of buildings will be canied out with the approval from the relevantagencies,namely tbe Horsing and plnnning Department

7.02 Buildingsetbacks"in respect of all parcels, wil beno less than l0 feet fromthe frontboundary, l0 fixt from any side boundary and l0 feet from the rear boundary, asspecifiedin The Developer's Eco-Guidelines.

7.03 The sizeof a residential building shall not exceed 2V/oof the total parcel size. The

size of a commercial building shall not exceed SV/oof the total parcel size, asspecifiedin The Developer's Eco-Guidelines.

7.M Associatedstructures such as holding tanks for water storage; storerooms and otherstructureswill not exceed l0% of the total parcel size.

7.05 Buildingheightwill not exceed two floors or 28 feet for residentialproperties.

7.M The Developer willconsiderand encouragethe constnrctionof buildings(especiallyresidential houses) to be elevated to a height of three (3) feet or more, so as tosafeguardfrom possible alteration of drainage of the island.

FRESH WATER RESOTIRCES

8.01 Each parcel owner will be responsible for providing potable water, which will be bymeans of limited use of wells for bathing purposes and/or by the provision of small

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rcverse osmosis units and by use of an approved rainwater catchment system.

8.02 If analternatewatersourcebecomesnecessar)i,a proposalfor it willbe subminedtbthe Departnrent of the Environmentat the time it is applicable.

8.03 The Developer will beresponsibleto properlymanagestormwaterby constnrctingadequatedrainagewith silt trapsbeforeis discharge into the sea or lagoon. ONLYstonn water will b directlydischargedinto permanentwaterbodies.

t.04 The Developer*i1 6aintnin a mobilepump that could utilizewaterfromthe waterlens, sea or lagoon for fire protection purposes.

9.0 WASTE DISPOSAL

In an effort to control, reduce and prevent the environmental impacts associated with wastegeneration and disposal, The Developer agrees to take tbe following measures.

9.I WASTE FROM CLEARING AI\D GRI.JBBING

9.1I In the event tbat buming is required" it will only be undertaken at locations that willnot present a danger to wildlife or cause a nuisance to inhabitants of sunoundingareas and whire it will not result in the pollution/contarninationof the surroundingenvirons. Buming will be limited to dried leaves, brambles etc. No burning of man-made materials zuch as plastics will be allowed. These will be stored in recyclingcenters for retum to the mainland and to be disposed at a designated disposal site.

9.12 All burning will be done at a minimum of 100 feet (wherepossible)from standing

timber el flemmslle growthand all fires will be under constantsurveillanceuntilthey have burnt out or have been extinguished.

9.13 Personnel assignedto guardfireswill be instnrctedconcerningthe use ofequipmentand methods for controllingfires.

9.2 SEWAGE AI{D WASTEWATER DISPOSAL

9.21 The Developer will ensurethat the sewage disposalmethodwill be by meansof the Compost Toilets. These will be installed at each residential andcommercial building. User-friendly instnrctionswill be placed at locations

having these installations. No other means ofsewage disposal systemswill beallowed on the island.

9.22 Compost toilets and gray water tileleach fields will be located so as to allowadequate protective distanceto the boundaries ofthe parcels.(A minimumoften feetfrom boundary line will be required.)


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9.23 Regularmaintenanceof all sewage and wastewaterfacilitieswill be performedtoensureproper functioning of the facility forenvironmentalandother reasons Specialcare must be taken in order to avoid contamination of the surface and ground water,and the surrounding environmenL In order for this to take place, the followingmeasureswill be taken:

(i) Property owneni will not dispose of grease and oils into any drain, as thiscould be a potential source of soil and watercontarnination. Grease traps areto be installedon each kitchea5ink.

(ii) Chemical wastes (such as paints, thinnen, acids, etc.) will be transported tothe mainland for disposal at a designated sita

93 SOLID WASTE

To address the problems associated with solid waste, the project proponent will develop and

implementa comprchensiveSolidWeste

MrnagementPlen for the enlireproject site. Thisplan

will b finalized by the Environmental Review Board to be established by the Residents and willinclude but should not be limited to the following:

9.31 Thc Developer will ensur that services are provided for the collectiortfiansportationand disposal of solid waste as necessary,at the identified disposal siteon the mainland. Solid wastes will be disposed of solely at this officially designatedlandfill site. Designated recycling and collection sites will be clearly identified andmarked throughout the island.

9.33 The Developer will:

l. Encourageresidents to separategarbage intoplasics, aluminum cans, paper,glass and organic wastes; and

2. Encotuage residents to practice reus, recycle and composting of organicwastes.

9.34 If hazardous wastes are generatedat the project site, appropriatemethods will bedevelopedto address the safe disposal of these wastes, in consultation with theDOE.

rO.O EI\IERGY GEI\TERATIONAIYDFUEL DEPOT

l0.l tndividualparcel owners will be responsiblefor providingall necessaryelectricaleoerry for their stnrcture. This will be provided by the use of environmentallyfriendlytechnologr zuch as wind or solar poweredenergy. Generators couldbe used


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only as a back up sourqeofenergr. The generators (energ generation) will bestoredin a soundproof facilitywhere it will not afflectother residentsof the area.Propermeasureswill be takenin order to avoid fuel spills. If theseoccuraccidentally,thCywill be cleaned as early as possibleand the matter reportedto the DOE as soon aspossible.

Ancillaryutility infrastnrcturewill be locatedso as not to obstnrct sidewalks.

Permanent fuel storage tanks will be stored in rcordance with the guidelinesof theDepartment of the Environment and the National Fire Service and must havecontainmentbondsof at least llW/oof the total capacityof the largeS tank.

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II.O TRANSPORTATION

I l.l Vessels will bestservethis area The constnrctionof piers to facilitatethe dockingofthese vessels will b limited to communal pien proposed in the Environmental

Irnpact Assessrnent Individual land owners will not be permined to constructindividual piers in fiont of their properties.

ll.l All road rcserves wil be of a minimum width of forty (40) feet and may have anelevated pedestian walkway where topographic conditions require and shall not begreaterthan ten (10) feet in width.

ll.2 Provisions should be made for ttreproper parking and loadingofgoods. Storageareasshould be provided wherever required.

I 1.3 Residential parcel owners will only be are only permined to use electric poweredgolf

carts. No vehicle's, other than golf carts, will b used on the island.

I2.O DREDGING

l2.l The pier for Phase I must be re-sitedas pr the nerr locationidentifiedby CoastalTnneManagement Authority, Fisheries Department and Br'lizeAudubonSociety.Nodrdgrng will be allowed for the constnrctionor re-locationof the pier.

L2.2 AnyvesselOraris likelyto stirsedimentsisprohibitedto dock at the pier.Thisincludesbarges, hgboals and vesselslarger than fifty feet (50ft)or havinga dra.ftof more thanfour feet (4ft).

12.2 Drdgng will only be perrnitted for the constnrction of a channel to be usedas a safeharbour at the existing lagoon. Dredged material will be used to reinforce andreclaimpropertyas needed. Dredgingactivitieswill b contingenton the following:

(i) The Developerwill bearthe full cost of monitoringby


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personnel from Geologr Departnrent' Belize AudubonSocietyand eitherFisheriesDepartmentor Coastal fu ^ManagementAuthoritY.

(ii) Il duringmonitoring,it is determinedthat dredgingactivitieshave significantimpactson the reef, suchactivities may be terminated and no other dredgingapproved.

(iiil Drcdgingwillbe done throughsuctiondredgingwith a siltcurtain around the entire area

12.4 Berms must be put in place to contain spoils from dredging activitiesand tominimize potential run-offand subsequent soil erosion associated with swhactivities.

I2.O CI.JLTT.'RAL AND SOCIAL ISST.JES

It is important that cultural and social issues beaddressed so as to assist decision-makers in

achiwing sustainable developmenL

l2.l As long as there are qualified and available Belizean workerc,no labor force will beimported. If this labour force is not sufficient, then only resident aliens with a validBelize work permit will be employed.

12.2 All safetyand health measuneswill be observed forall workers. Potable water, rest-room facilities and adequate accommodations will be provided during theconstnrction phase.

I3.O CODE OF RESTRICTTVE COVENA}TTS

This project is environmental in nature and each parcel owner understands thateachbuildingisto becompletely self-sustaining in nature. The following conditions will have to be included as aminimum in the Code of Restrictive Covenants that will have to be conveyed or registered in anydeed or conveyanceof lots to new landownen:

holdingsystems,which storerainwatercollected.

prohibited.


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watermust be filtered through stone filled with soil and theo used for drip inigation.

Appropriatefood waste must be disposedof in compostingbins.

All parcelownersmust participatein a Recyclingand Reclanation Programme.Theymusthavea compostingbin for food waste, paper productsand any othercompostable metalcans,glassandplasic bottlesand/orcontainers.Recyclablematerialsmustbe takento designatedrecyclecenterholdingsites.

Lightingshall be of low intensity and directeddownward or reflected with cut offangles, orset back from the beach so as to not be directly visible or disturbing to the wildlife

Minimumfrontyard setback for dwellings, porches,decks, garages and screenedenclosuesis ten (10) feet"

Minimumrearyardsetbackfor buildings,pstios,screenedenclosuresanddeckingis ten ( l0)fet

Minimum side yard setback for equipmen! trash containers and other similar utilitariandevicesis ten (10) feet Such items must be landscaped from view.

Privacy walls and fences, as defined in Article l.C.l2 of the Environmental ImpactAssessment,must not exceed six (6) feet in height.

No wall or fence may obstnrct the drainage or flow of water.

Inground swimming pools, hot tuba, whirlpools, etc. are prohibited on long Caye. Above-gound swimmingpools, hot tubs, whirlpools,etc. are permitted uiheretheydo not materially

distud the natural habitats.Duringthe construction period of a residence, a construction container, or other approvedcontainersare required on the site. Suchcontainers or composting bins ae to be locatedso asto provideminimal vistral off-site exposure.Construction debris is to be removed frequentlyto avoid offenseor nuisance to neighbours.

A wall, fence or adequate landscaping must conceal residential garbage containers and/orcompostbins.

A singlestoreyresidencemay be constructedon a residential parcelhating a floor areathat

shallnot exceed twenty percent (20%) of the gross parcel square footage (e.g. parcel size is50 feet x 100 feet = 5,000 square feet, building shall not exceed 1,000 square feet).Commercialparcelownersmay constructbuildingshavinga floor areathat shallnot exceedfifty perccnt(50%) of the gross parcel square footage.

Parcelownershavingmultiple parcelseach contiguousmay constnrcta dwelling usingthe


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same calculation as above; bo*ever multiple parcel squate footagemay be combined in thecalculationof a single dwelling's toal square fmtage.

and/or screcned porches or paios Square footage measulEmentswill include the exteriorwalls.

three (3) feet above existing g*.

gtound.Commercial stnrctursmay mt exceed 6irty (30) feet in heigbt from the glound.

to be constnrcted with overbmgs to protect d*ellings frrommidday sun.

than golf carts, will be used oo tbc island.

these low-lying arcas will be prniued

of Belize. A list of additional lodscaping matrials must be submined.

the owner will replace it with aDotherfte on anotber portion of the site.

other residents or wildlife (e.g no exterior ligbts during turtle nesting season).

constnrction.

of each on a constnrction site; must be located on the constnrction site. Both compostingtoiletsand containersmust be screened to proride minimnmoff-siteview or exposure.

perrnitted to remain on neigbbouring properties.

The moorings may only be placeO in sandy areas haring minimal impact on the marinehabitats.


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bottom to prevent the scarring and/or destructionof marine habitats. {

and may be beached at designated areas so as to not impact turtle nesting sites. Thesewatercraftsmust be storedrmderdwellings,out of site.

r4.O IMPLEMET{TATION AIYDMOMTORING OF TIIE ENURONMENTALCOMPLIANCE PLAIY

The implementationof this Environmental CompliancePlan (ECP) will be the direct responsibilityof The Developcr (Phuure Islend Linited). Periodic monitoring will be canied out by tbeDepartnent of the Environment in conjunction with other rclevant agencies to ensure that thisCompliancePlan is beingadheredto as closelyas possible.

The implementationprogram should include the following:

Duringdevelopmen! measurestaken to mitigatenegativeenvironmentalimpaca willbe reviewedtoassure compliance with the objectives of the plan. As development continues, the adequacy ofmitigatorymeasuneswill be assessed and perhaps revised-

rs.o REPORTTNG REQUTREMENTS

The Developer will complywith all of the reporting requirements specified in this EnvironmentalCompliancePlan.

The Developer will also hold penodic meetingswith its supervisorsregardingthe implementation ofongoing environmental considerations.

Updatedlicencesand permitsfor all relevantactivitieswillbe kept at all times. The Developer willassist duly authorized officers in the perfomrance of their duties during site visits, which are inconnectionwith the project's development.

It is the responsibilityof The Developer to immediatelyreportanyactivitythathas the potentialtonegatively impact or may darnage or has damaged tbe environment whether accidentally orintentionally, to the Deparfrnent of the Environment and all other relevant agencies.

16.0 POST DEVELOPMENT REYIEW

Additionalmonitoring\ /ill be carried out to ensure that the variouspollutioncontrol featuresandfacilitiesinstalledare functioningand maintained properly.

Asprevionsly mentioned wanton disregardfor the conditions agreed upon in this document wiII


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t

E 1 t ' u

' ra,att in thc rcvralion of all pcrmit and licensa issucdlor thc hnplenunlotion of thisprojca.

I?.0 MISCELLA,TTTEOUS

l7.l Contingency plans to minimize the risk of fire, floods and hunicane darnage to life andpropsrty will be developed and implemented by The llcveloper.

17.2 All buildings must have a minimum of one (l) fir extinguisher for fire protectionpurposes.


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By signing below, PLEASURE ISLAND LIMITED agees to conrpll' witlr this EnvironmentalCompliancePlan(ECP)and to corunence operationof thisprojectwithinone yearfrom the dateofsigningthisECP. If this projectdoes not conunence withinone yearfrom the date of signingthisECPthen this ECP willbe null and void.Shouldthishappen.PLEASITREISL{,ND UMffED willneedto re-apply for EnvironmentalClearance and a new plan will be prepared.

SIGNEDON BEHALFOF

TtrD DEYEI,()PER:

SIGNED ON BEHALF OF

THE DEPARTIIIDIIT OF ET'WIROIIIIEIIT:

I, IdIta !L*.s . .emtheettestingwitnesstothedueerecutionofthes.id instrument end the signeturc hercto subscriH es thet of such ettestingwitne$ is in theproper hendwriting of the seid deponent

Swom et the Depertment of the Environmen(, Belmopen,

tne &s\! o"vor&{"[a/ 2oor.

Sltness:

Documents

Environmental Compliance Plan