SXMElections.com

OYSTER POND--Excavation and clearance works that have included the pushing of excavated soil into Oyster Pond and the clearance of an estimated 100 square metres of mangroves have warranted inspection by the authorities and a warning letter calling for those responsible to either produce the relevant building permit or request one.

Further decisions will be taken after the building permit status becomes clear. The Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI is looking into the situation. At the very least, the mangroves are expected to be replanted through Nature Foundation.

A team of trucks and an excavator have been clearing the land at least since Friday, February 13, when it was brought to the attention of VROMI and St. Maarten Pride Foundation. Pride was contacted by concerned citizens and VROMI Secretary General Louis Brown said VROMI also had been notified through a complaint.

Site visits by the VROMI Inspection Department have led to the warning letter issued on Tuesday, February 17, according to Brown. When asked by The Daily Herald, Brown said a stop-order had not been issued on Friday as previously reported through comments purportedly made to Pride Foundation, but that VROMI had been investigating the case at that time.

The department is primarily concerned with whether a building permit has been issued, "which has thus far not been produced by the developer/property owner." When excavation takes place, it is under the presumption that this is for construction activities and "if a building is being constructed, then a building permit is required."

Besides affecting the drainage channel and mangroves, "the works may have exceeded the property boundaries," but Brown said he was awaiting the final report by the Inspection Department. Whether the excavation is indeed preceding construction also still needs to be verified. The department will deal with the situation "accordingly" after reports have been finalised.

In response to questions, Brown said that although there had been site inspections, there had been "no communication directly with the apparent principal" and that he could not say who had commissioned the work.

Nature Foundation carried out its own site inspections on Monday, February 16, and submitted a report to VROMI on the same day. The foundation found that 100 square metres of mangrove had been removed.

Normally, if any project involves mangroves advice should be sought from Nature Foundation, a Government-appointed environmental authority. Nature Foundation Manager Tadzio Bervoets explained that the foundation always hesitates to give the go-ahead for their removal, as St. Maarten has so few mangroves left that when any are removed, it causes a big problem. The plants are important for water quality.

Nature Foundation informed the workmen on site that no mangroves are allowed to be removed or damaged. During a second visit, the foundation found that there had been no further loss of the plants.

The foundation has a policy of replanting mangroves and trying to do so nearby when possible. If a fine is issued based on advice by VROMI and Nature Foundation, it possibly could be used to fund the replanting. For now, Nature Foundation is awaiting the outcome of VROMI's investigation.

The plot of land concerned lies where the trench that runs along Oyster Pond Road opens into the Oyster Pond lagoon near the French border.

This newspaper learned of the situation on Sunday, February 15, after one of the trucks was involved in an accident as it climbed the nearby hill on Oyster Pond Road.