IOTA Partners gets warning from environment agencies

Three natural resource agencies—Coastal Resources Management, Division of Environmental Quality and DLNR’s Division of Fish and Wildlife—have ordered IOTA Partners Ltd. to stop violating environmental laws and to mitigate damage caused by its actions on Rota.

According to DEQ’s public information officer Reina Camacho, an administrative order has been issued to IOTA stating that IOTA’s actions violate CRM’s permit conditions, DEQ Water Quality Standards and DFW regulations.

“The Seattle-based firm first violated the Coastal Resources Management Act and regulations when it laid concrete slabs on the reef flat and deployed a tracked excavator directly on the reef without a permit. In addition, IOTA failed to submit a cleanup plan as ordered by CRM,” said DEQ in a statement.

DEQ said IOTA disturbed living coral and disrupted fish habitat when it installed 78 one-ton concrete blocks on coral reefs, which violated the Fish, Game, and Endangered Species Act. More damage was incurred to the coral reef when IOTA employees drove a 51-ton excavator with metal treads directly over the reef during its operations.

Camacho said the improper use of the excavator also resulted in the unpermitted discharge of debris on the reef, affecting water quality and again violating the CNMI Water Quality Standards, as well as the Environmental Protection Act.

DEQ director Frank M. Rabauliman confirmed that his office sent a notice of violation to IOTA on Sept. 1, 2001. “The notice emphasized that IOTA should mitigate the harm to the aquatic environment and avoid future violations by complying with the CRM Enforcement Notice and the instructions from the U.S. Army Corps of Engineers to take corrective measures regarding the infractions and damage to the reef flat,” he added.

CRM, DEQ and DFW are now requiring IOTA to submit the following in compliance with the administrative order:

– a plan to survey the damage to the reef flat, to be conducted by an independent survey team;

– plans to repair or mitigate the damage identified by the survey, subject to approval of the natural resources agencies; and

– a calculation of the reasonable value of any damage that cannot be substantially rectified.

Camacho said that if IOTA fails to comply with these steps, this would result in penalties as set forth by statute for each violation dating back to the date of the receipt of the order.

“CRM, DEQ and DFW expect IOTA to cooperate fully and to comply with the Coastal Resources Management Act, 2 CMC § § 1543(a) and (c); the Environmental Protection Act, 2 CMC § § 3131 (a) and (c); and the Fish, Game, and Endangered Species Act, 2 CMC § § 5109 (b) and (d),” she added.

Contrary to earlier reports, none of the resource agencies have shut down the project to date, said Camacho.