Ara Macao Correspondence

UPDATE!!!!!!!!!!!!!!!!!!!

27 June 2007:  A phone call was received today from an independent contractor employed by Ara Macao asking (demanding?) that the historical information on this Website about Ara Macao be taken down because it is "misleading and inflammatory."  I have reviewed the information presented here, and all of it reports events as they occurred during the Ara Macao EIA approval process.  This entire process was a very significant one for the Placencia Peninsula and surrounding areas.  It occupied public debate for over an entire year, it brought Peninsula communities and people together, and ultimately has made everyone on the Peninsula much more aware of environmental and development issues.  It also raised issues that continue to need to be answered, such as the capacity and recharge rate of the aquifer that provides water to the people of the Peninsula.  For these reasons alone, the information provided here is important for the Peninsula, historically, environmentally, sociologically and economically. 

1 June 2007:  Justice Awich of the Belize Supreme Court denied PCSD's application to proceed with judicial review of the approval of Ara Macao by the Belize Department of the Environment.  Justice Awich also assessed legal costs against PCSD.  PCSD did not have the funds to appeal Justice Awich's ruling, although PCSD does believe that Justice Awich's ruling was in error.  A copy of the judicial decision will be made available when a digital copy can be obtained.

2 April 2007:  On Monday, 2 April 2007, the Peninsula Citizens for Sustainable Development (PCSD) filed a lawsuit asking the Belize Supreme Court to overturn the decision of the Belize Department of the Environment (DOE) approving the Ara Macao Resort and Marina development at the northern end of the Placencia Peninsula. PCSD also asked the court to grant an injunction to prevent Ara Macao Development Ltd. from proceeding with the development.

PCSD’s suit is based, in part, on DOE’s failure to comply with Belize’s environmental regulations.

PCSD also maintains that DOE unreasonably and irrationally approved the development because it did not have critical information about environmental issues such as downstream beach erosion, effect of the development on the Peninsula’s marine environment (such as lobster, conch and coral reefs), and whether Ara Macao and other new developments could quickly use up the water supply that provides Placencia, Seine Bight, Maya Beach, Independence and Big Creek with drinking water.

PCSD also argues that DOE’s approval failed to protect the public’s access and use of the 66’ public reserve on the beach surrounding the development, and that the development violates zoning for the area under the Mango Creek/Placencia Special Development Area, as recognized by Belize law.

A court date has been set for 20 April 2007 for judicial consideration of PCSD’s claim.

Donations to the Ara Macao litigation fund may be made by depositing funds into the PCSD account at Atlantic Bank, account number 100158838.

Donations may also be made by check made payable to the Peninsula Citizens for Sustainable Development, General Delivery, Placencia, Belize.

Money may also be wire transferred to PCSD, using the following wiring instructions:

Bank of New York
36-63 Main Street
New York, New York 11354
ABA#: 021000018

For credit to Atlantic Bank
Swift Code: IRVTUS3N
Atlantic Bank Account No: 8900545925

For further credit to
Peninsula Citizens for Sustainable Development, Atlantic Bank Account no. 100158838

Please note that if wiring from the US, this is NOT an international wire.  The funds are wired to Bank of New York which, in turn, transfers them to PCSD in Placencia.

The Peninsula Citizens for Sustainable Development is a Belize non-profit corporation and grass roots community organization of Placencia Peninsula residents concerned with the rapid, and often poorly planned and executed, development of the Peninsula. PCSD seeks to bring information about proposed developments to Peninsula residents to ensure that all developments are environmentally sustainable with respect to the fragile eco-systems of the Peninsula and its communities and cultures.

Please contact PCSD at 610-4718 or info@placenciadocuments.info for further information.

Peninsula Citizens for
Sustainable Development

General Delivery, Placencia, Belize ± 610-4718 ± info@placenciadocuments.info

From:  info@placenciadocuments.info
Sent: Friday, July 07, 2006 8:48 PM
To: 'department of environment'
Subject: Ara Macao EIA Addendum

I have now been able to download from the MNREI site (with considerable difficulty) the Ara Macao Addendum to the Ara Macao EIA. This document, in uncompressed format, is now available at www.placenciadocuments.info/scarletmacaw/addendum.pdf.

(Managing to download the document took an entire day due to the errors in uploading by someone at DOE or MNREI that resulted in the document's many compressed parts (22) not being able to be compiled without manual manipulation.)

Again, we would like to know why the only EIA review document that was posted on the government's endorsed site was the Reef Ball review and not the reviews of Dr. Tom Williams, Dr. Melanie McField and Dr. Chernaik that have been previously forwarded to DOE, the digital formats of which are available at:

Williams Comments:

• http://www.placenciadocuments.info/scarletmacaw/comments/9_june_williams.do

• http://www.placenciadocuments.info/scarletmacaw/drtomwilliamsreview.doc

McField Comments: http://www.placenciadocuments.info/scarletmacaw/statements/mcfield_comments.doc

Chernaik Comments:

• http://www.placenciadocuments.info/scarletmacaw/comments/elaw_comments_june.doc

• http://www.placenciadocuments.info/scarletmacaw/chernaikeval.doc

We would also like to know how the selective decision was made to post only the Reef Ball EIA review and not the reviews of Drs. Williams, McField and Chernaik? The posting of only one review could be viewed as an attempt to keep relevant information from the public.

Also, why are DOE documents posted with an .rar file compression format that can't be opened without purchasing a special program? Why not simply upload the entire document or use a more common compression utility that doesn't require the purchase of a special program (such as .zip)?

We realize that the documents take up more space on your server if uncompressed. However, if the purpose really is easy public access, then the documents should be posted in a format that can be readily downloaded by anyone, without incurring an expense to purchase a special program.

(The site on which I have posted these documents uncompressed, e.g, in a format that may be downloaded by anyone, costs less than BZ$100 for an entire year. Surely the Government of Belize can afford BZ$100 in a 12-month period, perhaps even twice that much, to make its actions open and accountable to the public.)

We look forward to your response.

14 June 2006

Mr. Jorge Franco
Department of the Environment
10/12 Ambergris Drive
Belmopan, Belize

Re: Proposed Ara Macao Development

Dear Mr. Franco:

PCSD understands that the addendum to the Ara Macao EIA requested by the National Environmental Appraisal Committee has not yet been delivered to DOE by the Ara Macao developer.

Neither PCS nor the general public were informed that an addendum had been required, or that the purpose of extending the deadline for comments to 9 June 2006 was to allow comments on the addendum.

Therefore, PCSD formally requests at least one copy of the Addendum in both print and CD format so that we can make it as widely available for review and comment as possible. We also formally request a reasonable time for review of the Addendum. We believe that a reasonable time for review and comment should be longer than two (2) weeks given the complexity of the issues involved with the proposed Ara Macao development.

Also, since the Addendum has not been delivered by the deadline date of 9 June 2006, what is the current status of the EIA? Is there a final cut-off date for the submission of the Addendum to DOE?

We look forward to your reply.

Sincerely,

Placencia Citizens for Sustainable Development

  By:____________________________________

Mary V. Toy

cc: BACONGO
      Friends of Nature
      Independence Village Council
      Placencia Village Council
      Placencia BTIA
      Placencia Village Water Board
      Seine Bight Village Council
      Seine Bight Village Water Board
      TASTE
 

Peninsula Citizens for
Sustainable Development

General Delivery, Placencia, Belize ± 610-4718 ± info@placenciadocuments.info

16 May 2006

Mr. Franco
Department of the Environment
10/12 Ambergris Drive
Belmopan, Belize 

         Re:       Proposed Ara Macao Development

Dear Mr. Franco:

 We still have not received any information regarding any of the following issues:

• Dates of additional public consultations on Ara Macao

• Date of next NEAC meeting when the proposed Ara Macao project will be discussed

• Answers from the developer regarding questions asked by the public at the 3 May consultation

• Extension of deadline for public comments

We understand that some individuals have oral information from DOE that the deadline has been extended to 23 May 2006.  However, no formal notification has been given of the deadline extension. 

In addition, we understand that someone in your office has been directing individuals contacting DOE about the development to the developer’s consultants. 

The laws of Belize require comments to be sent to the Department of the Environment.  The developer’s consultant owes a duty of loyalty to his client, the developer, not to the people of Belize. 

Therefore, it is inappropriate for members of the public to be directed to discuss the development with a consultant employed by the developer.

Thank you very much for your assistance, and we look forward to your reply. 

 Sincerely,

Placencia Citizens for Sustainable Development

cc:  BACONGO                              Friends of Nature                    Independence Village Council

       Placencia Village Council            Placencia BTIA                      Placencia Village Water Board

       Seine Bight Village Council         Seine Bight Village Water Board

Peninsula Citizens for
Sustainable Development

General Delivery, Placencia, Belize ± 610-4718 ± info@placenciadocuments.info

   5 May 2006

Mr. Franco
Department of the Environment
10/12 Ambergris Drive
Belmopan, Belize 

         Re:       Proposed Ara Macao Development 

Dear Mr. Franco: 

We would like to thank you and Mr. Allegria for coordinating Wednesday night’s public consultation on the proposed Ara Macao development.   

Residents of communities on the Peninsula and in Independence Village felt that the meeting was very useful and would welcome additional meetings so that they can receive more information about the proposed development. 

Also, you stated at the meeting that the deadline for submission of comments would be extended past the current deadline date of 9 May 2006. 

Could you please advise us of: 

·       When another public meeting can be held (hopefully in a location that can accommodate more people), and

·       The new deadline for submission of comments about the proposed development. 

Thank you very much for your assistance.

                                                                       Sincerely,

                                                                              Peninsula Citizens for Sustainable Development 

cc:  BACONGO                                              Friends of Nature

       Placencia Village Council                        Placencia BTIA

       Seine Bight Village Council                     Seine Bight Village Water Board

       Independence Village Council                 Placencia Village Water Board