Volume IV - Annexes 112-142

Document Number
18548
Parent Document Number
18522
Document File
Document

INTERNATIONAL COURT OF JUSTICE

DISPUTE CONCERNING

CERTAIN ACTIVITIES CARRIED OUT BNICARAGUA

IN THEBORDER A REA

(COSTA RICA . NICARAGUA )

COUNTER- MEMORIAL

OF THREPUBLIC ON ICARAGUA

V OLUME IV

(ANNEXES FROM112TO 142)

06 August 2012 LIST OF ANNEXES
VOLUME IV

Annex Page

No. REPORTS

112 UNITAR/UNOSAT, Morphological and Environmental Change 1

Assessment: San Juan River Area (including lsla Portillos and
Calero), Costa Rica, January 2011.

113 UNITAR/UNOSAT, “Update 1: Morphological and Environmental 11
Change Assessment from 14 December 2010 to 24 January 2011

San Juan RiverArea, Costa Rica,” available atwww.rree.go.cr/file-
noti.php?id_file=183, 10 February 2011.

114 Van Rhee & De Vriend, Delft University of Technology, 19

“Morphological Stability of the San Juan River delta, Nicaragua /
Costa Rica,” 4 January 2011.

115 FUNDENIC SOS & FONARE, Technical Report “Evaluation of 37

the environmental impacts caused by the construction of a 120 km
long road parallel to the right bank of the San Juan de Nicaragua
River”, March 2012.

116 Costa Rican Environmental Management Plan for the Rafael Mora 81

Porras Road,April 2012.

117 Association of Federated Engineers and Architects of Costa Rica 121
(CFIAReport), 8 June 2012.

MAPS

118 Map of the Republic of Nicaragua (INETER) available at 151
http://www.ineter.gob.ni/.

119 BaronABulow 1851 (A). 155
2010 Satellite Image (B).

Land Info Image of River (C).
Map of the Republic of Nicaragua by Maximilian Sonnestern

1858 (D).

iii 120 Map of 1831 by Mr. George Peacock with additions up to 1859. 165

121 Central America, Nicaragua San Juan del Norte or Greytown, 169

Maxwell chart of 1888.

122 Republic of Nicaragua, by L. Robelin (191-) (A). 173

Republic of Nicaragua, byA. Demersseman (1923) (B).
Nicaragua Ministry of Development, General Department of
Cartography (196-(C).

Nicaragua, by Richard Mayer 1920 (D).

Map of the Republic of Nicaragua and part of Honduras and Costa
Rica, by Clifford D. Ham (1924) (E).
Nicaragua Ministry of Development, General Department of

Cartography (1965) (F).
Nicaragua Ministry of Development, General Department of
Cartography (1966) (G).

123 US Engineer Office Nicaragua Canal Survey (1929-31). 183

124 Costa Rica, U.S. Central Intelligence Agency, 1970, G4860 187
1970 U51.

125 Costa Rica, U.S. Central Intelligence Agency, 1970 (2), G 4860 191
1970 U52.

126 Official Map of Costa Rican, Geograpich Institute of Costa Rica, 195

1971.

127 Texaco (1978). 199

128 Nicaragua, U.S. Central IntelligenceAgency (1979). 203

129 Costa Rica, U.S. Central Intelligence Agency, 1983, G 4860 207
1983 U5.

130 INETER Map of Costa Rican Navigation System. 211

iv PHOTOGRAPHS/SATELLITE IMAGE/AERIALIMAGE

131 1940 Image. 215

132 US Government, 12 January 1961. 219

133 1961Aerial Image (2). 223

134 Government of Costa Rica, Terra Project, 13 December 1997. 227

135 2007 Satellite Photograph. 231

136 2010 Satellite Image. 235

137 Photograph of Trees requiring removal from the area adjacent to 239
the caño, Source: Site visit by Ambassador Carlos Argüello on 09
September 2010.

138 Photographs of trees and soil along the route of the road, Source243ite
visit on the 1st of December, 2011.
Note: This photograph was taken from the San Juan River.

139 Photographs of fragile soils removal. 247

140 Photographs of the modification of the drainage system. Source; S251

visit on the 1st of December, 2011.
Note: This photograph was taken from the San Juan River.

141 Photographs of the destruction of the natural habitat, Source: El255
Nuevo Diario (The New Daily), Nicaragua “Environmentalist

corroborate damage by the Costa Rican road in Río San Juan on
sight, Violation of sovereignty”, 5 December 2011.

142 Photographs of the destruction of the inherent scenic values and 259

eco-tourism potential of the San Juan River.

v Annex 112

UNITAR/UNOSAT

Morphological and Environmental Change Assessment
San Juan River Area (including lsla Portillos and Calero),
Costa Rica

January 2011

12Annex 112

3Annex 112

4Annex 112

5Annex 112

6Annex 112

7Annex 112

8Annex 112

9Annex 112

10 Annex 113

UNITAR/UNOSAT,

“Update 1: Morphological and Environmental Change Assessment from
14 December 2010 to 24 January 2011 San Juan River Area, Costa Rica,”
available at www.rree.go.cr/file-noti.php?id_file=183

10 February 2011

1112 Annex 113

10 February 2011
Environmental
Assessment ¯ 17:00 UTC - Version 3.0
EN-20101229-CRI

Update 1: Morphological and Environmental Change

Assessment from 14 December 2010 to 24 January

2011) San Juan River Area, Costa Rica

OVERVIEW OF ASSESSMENT AREA FOR SAN JUAN RIVER CHANGES NEAR SAN JUAN RIVER & LAGUNA LOS PORTILLOS

Santa RIO SAN JUAN
Fruta Rosa /
de Pan
El Lanchón
R OI No significant change along
#O D new channel between the San
3m IN Portillos between 14 Dec.
Santa Isabel San 2010 and 24 January 2011.
Martin
El GenizIro
5m
# /

San Juan River meander
almost completely cut
as of 24 Jan. 2011
7m
#

Dredging vessel
7m
#
170m L /
#
A N AN
Colorado I S JU
R Colorado
Dredging vessel I
Guayabo

O
D
R A
Remaining 30m of land OaLO "
likely been cut between# 132m /
January and 8 February O011 /
I /
R Over 9,300m2 of surface
removed between 2 - 22likely /
January 2011 /

110m 190m
# #
I I 24 January 2011

The area has been environmentally stable over the past 30Significant river dredging and new channel construction continued along the San
indications of morphological change. There has been a decJuan River between 14 December 2010 and 24 January 2011.
of small bodies of water; though, the general meander of the San Juan River
appears stable with no dramatic changes or alterations of course.

Legend

Building / Dredging vessel Area of Possible future Surface vegetation and top soil
J tent strucLure meander land removal removed between 2 -22 January 2011

New Channel constructed be& river redirection (Between Nov2010 &over removed Tree cover removed between
8 August - 19 November 20124 January 2011) (recent) before 8 August 8 August - 19 November 2010

The depiction and use of band Research (UNITAR), providing satellite imagery
UNITAR / UNOSAT names and related data shoand related geographic information, research and
[email protected] to be error-free nor do thanalysis to UN humanitarian & development agencies
program of the United Nations Institute for Trainingers.
Palais des Nations,

Geneva, Switzerland Satellite Imagery (1): WorldVDec.2010
Imagery Dates: 6 and 22 JanuaCopyright: GeoEye 2010 Imaging
T: +41 22 767 4020 Source: Eurimage S.p.A Hydrology Data: GEBCO, UNOSAT, NGA
Copyright: DigitalGlobe 2011 Protected Data: WDPA 2010 (UNEP)
24/7 hotline: +41 76 487 4998 Satellite Imagery (2): GeoEyeReport Analysis: UNITAR / UNOSAT
www.unitar.org/unosat Imagery Dates (v2): 2 and 24 Datum: WGS-84TM Zone 17N
Imagery Dates (v1): 8 August, 19 Nov.14

13Annex 113

10 February 2011 -17:00 UTC - Version 3.0 - EN-20101229-CRI

UPDATE 1 Morphological and Environmental Change Assessment: San

Juan River Area (including Isla Portillos and Calero), Costa Rica

By UNITAR/UNOSAT – 10 February 2011

PREFACE: This report has been produced at the request of the government of Costa Rica using commercially availablesatellite imagery.

ANALYSIS SUMMARY: A 30 year time series of satellite imagery dating from 1979 was reviewed for significant morphological and
environmental changes in Costa Rica along the San Juan River area focusing on the areas of Isla Portillos and Isla Calero. Particular focus was
made on identifying and analyzing important morphological and environmental changes since October 2010 over the area between th e San Juan
River and Laguna Los Portillos. Significant areas of recent tree, surface vegetation cover and top soil removal, river dredging and new river
channel creation were identified as occurring during the period from August 2010 to 24 January 2011 along the San Juan River, n ear the Laguna
Los Portillos. Further, there is an area of active land removal on a meander bend (Site 1) of the San Juan River approximately 400m to the south
of the newly created channel. There is an area (Site 2) with apparent vegetation and top soil removal along a second meander 36 0m upstream of

the first meander cut. The straightening of the first river meander (Site 1) could redirect the flow of the San Juan approximat ely 175m to the
west, likely increasing river flow velocity downstream; such an increase in water velocity could also have the effect of accelerating erosion along
the newly created river channel to the north. Should clearing on the second meander (Site 2) result in a new rechanneling effor t this increase of
water velocity would intensify. This preliminary analysis is based on a historic collection of low, medium and very high resolu tion satellite
images recorded between 1979 and January 2011 and has not yet been validated in the field.

REVIEW OF THE NEW CHANNEL BETWEEN THE SAN JUAN RIVER AND LAGUNA LOS PORTILLOS:
Erosion along the new river channel appears to have stabilized with no indication of additional structural changes between 14 D ecember 2010

and 24 January 2011.

ANALYSIS SECTION 1: OVERALL REVIEW OF ASSESSMENT AREA (MAP 1)
A morphological review of the area was conducted using satellite imagery from 1979, 1986, and 2005, 2007-2011. Analysis of the stream
network indicates that the area has been environmentally stable over the past 30 years, with small indications of morphologicalchange. There

has been a decrease in the presence of small bodies of water, such as small ponds, in the southern section the area of interest . Though, the
general meander of the San Juan River appears stable with no dramatic changes or alterations of course.

ANALYSIS SECTION 2: REVIEW OF CHANGES ALONG THE SAN JUAN RIVER (MAPS 2 & 3)
A time series analysis of satellite imagery recorded between 14 December 2010 and 24 January 2011 indicated that the dredging a ctivity
identified in the first reportSite 1 had removed an additional 130m of land (see table 1 for a time series breakdown). As of 24 January

2011 this cut in the river meander measured approximately 180m in total length and 40m wide, with 30m of land remaining to be c ut. Given the
rate of excavation it is probable that the dredging of this river meander has been completed as of 10 February 2011, thus diver ting a portion of
the San Juan River approximately 175m to the west.

Between 2 and 22 January 2011 there were indications of significant vegetation and top soil removal along the west bank of the San Juan River
360m upstream of the first dredging site. The clearing measures approximately 500m in length and 9,300m2 in area. The vegetatio n and apparent
top soil removal is linear in shape and follows the course of a creek upstream 260m to where the creek turns westward after whi ch the clearing

continues further south an additional 120m. Considering the linear structure of the clearing and its proximity to the first dre dging site
downstream, it is possible that this will be the location for a new meander cut along the San Juan River within the next few weeks.

Imagery Date Increase Total Length
19 Nov. 2010 n/a 50m

14 Dec. 2010 20m 70m

02 Jan. 2011 20m 90m
22 Jan. 2011 80m 170m

24 Jan. 2011 10m 180m
Table 1: Time series measurement of San Juan River meander dredging (site 1) between 19 November 2010 and 24 January 2011.

Contact Information:
Please send additions / corrections to UNITAR / UNOSAT:

[email protected]
Palais des Nations, Geneva, Switzerland
T: +41 22 767 4020
24/7 hotline: +41 76 487 4998
www.unitar.org/unosat

1Released on 4 January 2011

14 Annex 113

10 February 2011
Environmental
17:00 UTC - Version 3.0
Assessment ¯
EN-20101229-CRI

83°45'0"W 83°40'0"W 83°35'0"W

Fruta
de Pan
MORPHOLOGICAL AND ENVIRONMENTAL
Santa R
CHANGE ASSEEl Lanchón Rosa MAP IO
I
N D
IO

3m
#
Santa Laguna de Harbor Head
Apalilí
Isabel San
El Genizaro
Juan Del Norte
Laguna Benard (Greytown)

San Laguna Taura
Martin I
Laguna La Playuela 10°55'0"N
10°55'0"N Laguna La Barca 5m
# Area appears stable with no
significant change in San Juan
(1979-2009)
Laguna Ebo (Los Encuentros) Laguna Ciega

Development of an Oxbow lake

Laguna Silico

Section of r7mer has merged from
a split into a single channel Laguna Agua Dulce

(between 1986 - 1999) Laguna de Enmedio

10°50'0"N
10°50'0"N

Laguna Pereira

7m Dramatic decrease
# of flow into side
San Juan river and side channels appear
to be stable and show no significant channel of the river

alterations ove170me past 30 years
#
OR
L A
O D
C O
Colorado O
I BARRA DEL
R COLORADO
Santa I
Isabel A N J I Colorado
IO S UA N Laguna de Atras (Back Lagoon)
R Laguna Banana Guayabo
Laguna Limon Laguna La Quebrada

10°45'0"N
10°45'0"N D
os
Laguna LeonB Laguna Samay
oc
as River bend has
d el
Co migrated 600m
l to the northeast
o rad o
(1986-2008)

R 132m Laguna Nueve
IO #
C
OL
O
R Laguna Yaki
A
DO

66m
#

Laguna Cahue
Decreased water levels and
River meander has
almost vanished number for ponds in area. 10°40'0"N
10°40'0"N

I

83°45'0"W 83°40'0"W 83°35'0"W

Satellite Imagery (1): WorldView2
Resolution: 50cm
Map Scale for A4: 1:175,000 # Spot Height (meters) Imagery Dates: 6 and 22 January 2011
Track / Trail Source: Eurimage S.p.A
Kilometers Copyright: DigitalGlobe 2011
( Village / Town Airfield / Airport Satellite Imagery (2): GeoEye and Ikonos
0 01.52 3 4 I
Resolution: 50cm and 1.0m
UNITAR / UNOSAT Imagery Dates (v2): 2 and 24 January 2011
[email protected] The depiction and use of boundariesfor Training and Research (UNITAR), providingery Dates (v1): 8 August, 19 Nov.14 Dec.2010
Source: European Space Imaging
Palais des Nations, names and related data shown here asatellite imagery and related geographic Copyright: GeoEye 2010
Geneva, Switzerland warranted to be error-free nor do tresearch and analysis to UN humanitarian &ydrology Data: GEBCO, UNOSAT, NGA
Protected Data: WDPA 2010 (UNEP)
T: +41 22 767 4020 endorsement or acceptance by the Undevelopment agencies & their implementing partners.lysis: UNITAR / UNOSAT
24/7 hotline: +41 76 487 4998 Projection: UTM Zone 17N
www.unitar.org/unosat UNOSAT is a program of the United Nations Institute Datum: WGS-84

15Annex 113

10 February 2011
Environmental
17:00 UTC - Version 3.0
Assessment ¯
EN-20101229-CRI

83°41'10"W 83°41'0"W 83°40'50"W 83°40'40"W 83°40'30"W 83°40'20"W

S a n J u a n R i v e r
24 JANUARY 2011 MORPHOLOGICAL AND ENVIRONMENTAL
CHANGE ASSESSMENT IN THE SAN JUAN
RIVER AND LAGUNA LOS PORTILLOS AREA

(AUGUST 2010 - 24 JANUARY 2011)

10°55'0"N
10°55'0"N /
/ Erosion along the new channel between the San
Juan River and Laguna Los Portillos appears to
have stabilized with no indication of additional
structural changes between 14 December and

24 January 2011.

Meander Cut Site 1:
Approximately 30m of land remained
before full meander cut as of 24 Jan. 2011. 10°54'50"N
10°54'50"Nan
o S u c io Likely that meander cut has been completed
as of 10 February 2011, thus diverting a
portion of the San Juan River approximately
175m further west. Dredging vessel
visible in satellite imagery.

L
/
10°54'40"N
10°54'40"N

Possible Meander Cut Site 2: 10°54'30"N
10°54'30"N
Approximately 9,300m2 of surface vegetation
and top soil likely removed between 2 and 22
January 2011, potentially in preparation for a
new meander cut to straighten the San Juan River

//
/
/

/

10°54'20"N
10°54'20"N /

/

Area of Possible future
meander land removal

10°54'10"N
10°54'10"N /

I

83°41'10"W 83°41'0"W 83°40'50"W 83°40'40"W 83°40'30"W 83°40'20"W

Building / Area of Possible future Surface vegetation and top soil
J tent structuLe Dredging vessel meander land removal removed between 2 -22 January 2011

Area of active meander land removal Tree cover removed Tree cover removed between
New Channel constructed betwee& river redirection (Between Nov2010 &(recent) before 8 August 20108 August - 19 November 2010
8 August - 19 November 2010 24 January 2011)

UNITAR / UNOSAT Map Scale for A4: 1:9,500 Meters Satellite Imagery (1): WorNov.14 Dec.2010
[email protected] 50 25 050 100 150200 Resolution: 50cm Source: European Space Imaging
Imagery Dates: 6 & 22 Jan.Copyright: GeoEye 2010
Palais des Nations, The depiction and use of boundaries,ations Institute forSource: Eurimage S.p.A Hydrology Data: UNOSAT, NGA
Geneva, Switzerland shown here are not warranted to beimagery and related geographict: DigitalGlobe 20Protected Data: WDPA 2010 (UNEP)
T: +41 22 767 4020 error-free nor do they imply officialresearch and analysResolution: 50cm and 1.0moProjection: UTM Zone 17N/ UNOSAT
24/7 hotline: +41 76 487 49endorsement or acceptance by therian & development agencImagery Dates (v2): 2 & 24Datum: WGS-84
www.unitar.org/unosat United Nations. UNOSAT is a program ofting partners. Imagery Dates (v1): 8 August, 19

16 Annex 113

10 February 2011
Environmental
Assessment ¯ 17:00 UTC - Version 3.0
EN-20101229-CRI

83°40'45"W 83°40'40"W 83°40'35"W

24 JANUARY 2011 MORPHOLOGICAL AND ENVIRONMENTAL
(MEANDER CUT SITE 1)
CHANGE ASSESSMENT IN THE SAN JUAN
RIVER AND LAGUNA LOS PORTILLOS AREA
(AUGUST 2010 - 24 JANUARY 2011)

S a n J u a n R i v e r

10°54'50"N 10°54'50"N

Meander Cut Site 1:
Approximately 30m of land remained
before full meander cut as of 24 Jan. 2011.

Likely that meander cut has been completed
as of 10 February 2011, thus diverting a
portion of the San Juan River approximately

175m further west. Dredging vessel
visible in satellite imagery.

10°54'45"N 10°54'45"N

F
19/11/2010

F 14/12/2010

02/01/2011
Dredging vessel

22/01/2011

24/01/2011

10°54'40"N
10°54'40"N

10°54'35"N
10°54'35"N

I!

83°40'45"W 83°40'40"W 83°40'35"W

Legend

Limit of Meander
Dredging by Date

UNITAR / UNOSAT Meters Satellite Imagery (1): WorldViNov.14 Dec.2010
Map Scale for A4: 1:3,00050 25 0 50 Resolution: 50cm Source: European Space Imaging
[email protected] Imagery Dates: 6 & 22 Jan. 201Copyright: GeoEye 2010
Palais des Nations, The depiction and use of boundaries, Nations Institute for TrSource: Eurimage S.p.A Hydrology Data: UNOSAT, NGA
Geneva, Switzerland geographic names and related dataearch (UNITAR), providing Copyright: DigitalGlobe 2011 Protected Data: WDPA 2010 (UNEP)
T: +41 22 767 4020 shown here are not warranted to bee imagery and related geogrSatellite Imagery (2): GeoEye,Report Analysis: UNITAR / UNOSAT
error-free nor do they imply official, research and analysis Resolution: 50cm and 1.0m Projection: UTM Zone 17N
24/7 hotline: +41 76 487 4998 endorsement or acceptance by thetarian & development agenciesImagery Dates (v2): 2 & 24 JanDatum: WGS-84
www.unitar.org/unosat United Nations. UNOSAT is a program ofenting partners. Imagery Dates (v1): 8 August, 19

17Annex 113






▯ ▯81,7$5▯8126$7▯

VDWHOOLWH▯VROXWLRQV ▯

The UNITAR advantage ▯

6LQFH▯LWV▯HVWDEOLVKPHQW▯LQ▯▯▯▯▯▯▯81,7$5▯KDV▯EXLOW▯D▯XQLTXH▯VHW▯ RI▯H[SHUWLVH▯▯H[SHULHQFH▯▯NQRZOHGJH▯DQG▯

FDSDFLWLHV▯WR▯GHVLJQ ▯DQ G▯LPSO HPHQW▯D▯YDUL HW\▯RI▯ UHVHDUFK▯DQG▯WUD LQLQJ▯DFWLY LWLHV▯▯,Q ▯NH HSLQJ▯ZLWK ▯L WV▯
PDQGDWH▯WR▯ ³HQKDQFH▯WK H▯HIIHFWLYHQHVV▯RI▯WKH▯8Q LWHG▯1D WLRQV▯LQ▯ DFKLHYLQJ▯WKH ▯PDMRU▯REMHFWLYHV▯RI▯WKH ▯
2UJDQL]DWLRQ´▯ WKH▯, QVWLWXWH▯F RQWULEXWHV▯Z LWK▯FR QFUHWH▯DF WLRQV▯WR ▯GHY HORSLQJ▯W KH▯F DSDFLWLHV▯R I▯0H PEHU▯

6WDWHV▯LQ▯WKH▯ILHOGV▯RI▯HFRQRPLF▯DQG▯VRFLDO▯GHYHORSPHQW▯▯GLSORPDF\▯▯DQG▯SHDFH▯DQG▯VHFXULW\▯

Reaching out to beneficiaries▯ ▯

81,7$5▯SURJU DPPHV▯SURY LGH▯W UDLQLQJ▯W R▯ DSSUR[LPDWHO\▯▯▯▯ ▯▯▯▯SURIH VVLRQDOV▯H YHU\▯\H DU▯L Q▯V RPH▯▯▯▯▯

GLIIHUHQW▯W\S HV▯RI▯WUDLQLQJ▯D FWLYLWLHV▯▯DSSO\ LQJ▯ERWK▯IDFH▯WR▯IDFH▯DQ G▯GLVWDQ FH▯OHDUQLQJ▯PHWKRGRORJ LHV▯▯
7HFKQRORJ\▯DQ G▯VD WHOOLWH▯DSS OLFDWLRQV▯DU H▯J DLQLQJ▯DQ ▯ LPSRUWDQW▯SODF H▯LQ ▯WK HVH▯ DFWLYLWLHV▯DV▯D▯ JURZLQJ▯

QXPEHU▯RI▯81▯DQG▯QDWLRQDO▯HQWLWLHV▯DGRSW▯VDWHOOLWH▯GHULYHG▯JHRJUDSKLF▯LQIRUPDWLRQ▯PHWKRGRORJLHV▯LQ▯ZKLFK▯
8126$7▯▯WKH▯2SHUDWLRQDO▯6DWHOOLWH▯$SSOLFDWLRQV▯3URJUDPPH▯RI▯81,7$5▯▯H[FHOV▯VLQFH▯▯▯▯▯▯

A challenging mission ▯

81,7$5▯PLVVLRQ▯LV▯ WR▯GHOLYHU▯LQQRYDWLYH▯WUDLQLQJ▯DQG▯FRQGXFW▯UHVHDUFK▯RQ▯NQRZOHGJH▯V\VWHPV▯WR▯GHYHORS▯

WKH▯ FDSDFLW\▯ RI▯EHQHI LFLDULHV▯▯% XLOGLQJ▯R Q▯RXU▯H[ SHULHQFH▯▯ZH▯RSWLPL ]H▯H[S HUWLVH▯▯ LQIRUPDWLRQ▯DQG▯
NQRZOHGJH▯VKDULQJ▯WR▯DFKLHYH▯WKLV▯PLVVLRQ▯▯7KH▯VSHFLILF▯PLVVLRQ▯RI▯8126$7▯LV▯WR▯GHYHORS▯DSSOLHG▯VROXWLRQV▯

DQG▯XVH▯WUDLQLQJ▯WR▯PDNH▯WKH▯81▯V\VWHP▯DQG▯PHPEHU▯VWDWHV▯EHQHILW▯IURP▯VSDFH▯WHFKQRORJ\▯LQ▯WKH▯DUHDV▯RI▯
KXPDQ▯VHFXULW\▯DQG▯KXPDQLWDULDQ▯UHOLHI▯▯GLVDVWHU▯SUHYHQWLRQ▯DQG▯WHUULWRULDO▯SODQQLQJ▯▯DQG▯DOO▯RWKHU▯UHOHYDQW▯

DUHDV▯

UNOSAT: setting a new paradigm in satellite applications ▯ ▯

6LQFH▯▯▯▯▯▯▯8126$7▯KDV▯GHOLYHUHG▯VDWHOOLWH▯VROXWLRQV▯WR▯UHOLHI▯DQG▯GHYHORSPHQW▯RUJDQLVDWLRQV▯ZLWKLQ▯DQG▯
RXWVLGH▯WKH▯81▯V\VWHP▯DQG▯PHPEHU▯VWDWHV▯WR▯KHOS▯PDNH▯D▯GLIIHUHQFH▯LQ▯WKH▯OLIH▯RI▯FRPPXQLWLHV▯H[SRVHG▯WR▯

SRYHUW\▯▯ KD]DUGV▯▯D QG▯FR QIOLFW▯RU▯ DIIHFWHG▯ E\▯KXPDQ LWDULDQ▯DQG▯R WKHU▯ FULVHV▯▯2XU▯ VNLOOV▯DUH▯IRFXVHG ▯RQ ▯
VDWHOOLWH▯GHULYHG▯JHRJUDSKLF▯LQIRUPDWLRQ▯DQG▯GDWD▯DQDO\VLV▯▯2XU▯ZRUN▯UHFRUG▯LQFOXGHV▯RYHU▯▯▯▯▯▯DQDO\VHV▯

VLQFH▯▯▯▯▯ ▯DQG▯▯▯▯▯DF WLYDWLRQV▯GXU LQJ▯KXP DQLWDULDQ▯ FULVHV▯ VLQFH▯▯▯▯ ▯▯▯8 126$7▯LV▯DO VR▯D▯V SHFLDOLVHG▯
WUDLQLQJ▯IRUFH▯ZLWK▯FDSDFLW\▯WR▯WUDLQ▯QDWLRQDO▯H[SHUWV▯LQ▯VLWX▯RU▯DW▯KHDGTXDUWHUV▯LQ▯*HQHYD▯▯


)RU▯LQIRUPDWLRQ▯DQG▯FRQWDFWV▯▯X QRVDW#XQLWDU▯RUJ ▯RU▯ZZZ▯XQLWDU▯RUJ▯XQRVDW▯▯

18 Annex 114

Van Rhee & De Vriend, Delft University of Technology,
“Morphological Stability of the San Juan River delta, Nicaragua / Costa Rica,”

4 January 2011

1920 Annex 114

Morphological Stability

of the San Juan River delta,

Nicaragua / Costa Rica

Delft University of Technology

Authors:
Prof. Dr. ir. C. van Rhee
Prof. Dr. H.J. de Vriend

Internal ReporJanuary 4, 2011

21Annex 114

Contents

1 Introduction 1

1. ard ......................2.....

2 The effect of dredging on the discharge of San Juan river 4
2.1 Flow distribution without morphological change . . . . . . . 4
.. Cmithre .............4..

2.2 Computation of discharge in San Juan River . . . . . . . . . 5
.. stit ................5....
2.2.2 Influence of deepening . . . . . . .........6..

3 Environmental impact of the dredging project 9

CONTENTS

22 Annex 114

Executive Summary

As Professors at Delft University of Technology with expertise in dredg-

ing and the environmental consequences of dredging, we have been requested
on behalf of the Republic of Nicaragua to assess the potential physical and
environmental impacts of its proposed dredging of the San Juan River, which
is the subject of a dispute with Costa Rica that is pending before the In-

ternational Court of Justice. We determined that the dredging project, as
approved by the Nicaraguan environmental agency,Ministerio del Ambiente
y los Recursos Naturales (MARENA), would increase the flow of the San

Juan River by the modest amount of approximately 20 cubic meters per
second and would not decrease the flow of the San Juan River to the branch
of the Colorado significantly when flow in the San Juan River is at its lowest

and would have only a negligible impact during the season when flow is at
its highest (the order of magnitude of the discharge of the Colorado is 1400
- 1700 m /s) . We also determined that the now completed manual clearing

of the ca˜o that connects the San Juan River to the Harbor Head Lagoon
(Harbor Head Can ˜o) caused no significant increase in flow through that cano
given how small the flow rate is.

In our view, the conclusions in Nicaragua’s Environmental Impact Study
are sound. The small increases in flows through the San Juan River and the
Harbor Head Can ˜o would cause no permanent environmental impacts. Nor

would the deposition of sediments from the dredging project cause any per-
manent environmental impacts given that those sediments would be located
on the Nicaraguan side of the San Juan River at least 50 feet from the river

bank within specially designed barriers. While the dredging may cause a
small increase in the amount of suspended solids in the San Juan River and
in the Harbor Head Can ˜o, that increase will not cause any measurable envi-

ronmental harm given the small increase in concentration in relation to the
already high natural turbidity of the river. Additionally, as is customary in
a project like this one, mitigation measures will be implemented to address

the felling of any trees with the prompt replanting of new trees of like species.

Moreover, the dredging project described in the EIS has since been re-
duced in scope, as explained in the Declaration of Mr. Quintero Gomez. As

such, even the small impact of the dredging project on the environment and
on the branch of the Colorado will likely be reduced.

In sum, Nicaragua’s proposed dredging project is of small scale. It will
produce only minor increases in flow during the dry season and will cause
no permanent environmental impacts. Any temporary impacts caused by

23Annex 114

2 CONTENTS

the dredging will be insignificant and readily mitigated through the envi-
ronmental management plan approved by MARENA.

CONTENTS

24 Annex 114

Chapter 1

Introduction

On the 18th of November 2010, Costa Rica initiated a case against the

Republic of Nicaragua at the International Court of Justice related to the
dredging of the San Juan River, as well as the manual cleaning of t˜o can
that connects the San Juan River to the Harbor Head Lagoon (Harbor Head
Can˜o), which has already been completed. As described in Nicaragua’s

Environmental Impact Study:
The project consists of dredging critical points along 42.0 kilo-

meters of the riverbed of the San Juan River of Nicaragua that
make navigation difficult for ships transporting freight and pas-
sengers, and that impedes the flow of tourist movement. This
dredging activity will be performed by extracting material that

basically consists of sand, creating a channel that is 2.0 meters
deep, 30 meters wide at the upper section, and 20 meters wide at
the lower section. The debris that is removed will be deposited
at sites that have already been selected. It will be shaped and
flattened to a height of no more than one meter. These sites

will be restored and replanted with species native to the humid
tropics of Nicaragua.

According to MARENA, the dredging project was expanded to include the
manual cleaning of the Harbor Head Can˜o ¨ to include the removal with
hand-held tools of the accumulated debris and overgrown vegetation that
were impeding normal navigation ¨ (Espinoza Urbina (2010)), at para. 22).

In this report the following issues will be investigated:

• Whether it is reasonable to conclude that the dredging project will de-
crease the flow of the Colorado River by less than 5%;

• Whether it is reasonable to conclude that that the dredging project will
cause only a small increase in flow through the San Juan River and
the Harbor Head Can˜o, and

25Annex 114

2 CHAPTER 1. INTRODUCTION

• Whether it is reasonable to conclude that the increase in flow through
the San Juan River and Harbor Head Can ˜o will not cause any perma-
nent environmental impacts and that any temporary impacts will not

be significant and can be properly addressed through customary miti-
gation measures.

In connection with this report, we have reviewed data related to Nicaragua’s
proposed dredging and completed ca˜o-clearing project contained in Nicaragua’s

Environmental Impact Study and supporting documentation, as well as var-
ious affidavits by Nicaraguan officials, as set forth in the Bibliography to this
Report (Vivas Soto, 2010; Silva Munguıa, 2010; Quintero G´mez, 2010a,b).

As set forth more fully in our resumes attached to this report, Dr. ir.
C. van Rhee is currently a full Professor of Dredging Engineering at Delft

University of Technology in Delft, the Netherlands. He has published exten-
sively on a wide range of issues related to dredging and has been engaged
since 1984 in fundamental research for the dredging industry. Most of the
dredging projects on which Professor van Rhee has worked are of a signifi-

cantly larger size than the one proposed by Nicaragua. Professor Dr. H.J.
de Vriend, is the Chairman of River and Estuarine Engineering at Delft Uni-
versity of Technology. Professor de Vriend is an expert in the environmental

impacts of river dredging.

1.1 Background

In connection with the proposed dredging project, a 255-page Environmen-
tal Impact Study (¨EIS¨) and voluminous annexes of supporting technical

information was prepared for review by MARENA. That EIS provided a
technical description of the proposed dredging along each segment of the
42 kilometer portion of the San Juan River, together with descriptions of

water flows, soil types, and water quality in each of the segments. The EIS
also provided descriptions of the flora and fauna in the area of the San Juan
River. Finally, the EIS provided an analysis of potential environmental im-

pacts from the dredging project as well as an Environmental Management
Plan designed to mitigate any impacts.

As the EIS explained, the dredging project would begin at the Delta of

the San Juan River which is situated at the border between Nicaragua and
Costa Rica. Here the river splits into two main branches, one of which -
called San Juan River - continues largely to the north and debouches into

the Caribbean in Nicaragua, whereas the other one - called Colorado River
- goes largely west and debouches into the Caribbean in Costa Rica. The
Colorado River takes most of the discharge, but both rivers are important
to navigation. It was the conclusion of the EIS that the dredging project

1.1. BACKGROUND

26 Annex 114

3 CHAPTER 1. INTRODUCTION

would decrease the flow of the Colorado River, which is currently 1,700 cubic
meters per second or less, by less than 5 %.

After the EIS was prepared and the dredging project approved by MARENA,
a proposal was made to include the clearing by hand of vegetation and de-

bris from the 1,560 meter length of the Harbor Head Can ˜o to a width of
30 meters. Information was submitted to the MARENA showing that the
Can˜o, which had existed for many years, had gradually become difficult to

navigate because of the accumulation of sediment and organic debris. After
approval was given by MARENA, the proposed work in the Can ˜o was com-
pleted in November of 2010. In December, 2010, the flow of water in the

Can˜o was measured at 2.38 cubic meters per second.

The proposed San Juan dredging project is of a very small scale com-

pared to dredging projects carried out by the large Dutch dredging contrac-
tors currently working globally with hourly productions of more than 10,000
m /hour and dredging depths between 20 - 50 m. Estimated dredging pro-
3
duction in the San Juan is of the order of 400 m /hour with dredging depths
of only 2 m.

1.1. BACKGROUND

27Annex 114

Chapter 2

The effect of dredging on the

discharge of San Juan river

In the EIS, it was calculated that the proposed dredging project decrease the
flow of the Colorado river by less than 5%. In the Request for the Indication
of Provisional Measures for the International Court of Justice, however, it
is mentioned that dredging of the San Juan River will cause a diversion of

1,700 m3/s from the Colorado to the San Juan River. In this chapter, it
is explained that the EIS conclusion was correct and that, conservatively
estimated, the proposed dredging project is likely to decrease no more than
20 cubic meters per second of the flow in the Colorado River (which is of
3
the order of 1400 - 1700 m /s).

2.1 Flow distribution without morphological change

2.1.1 Computation of discharge

The flow distribution between the Colorado and San Juan river will depend
on the difference in flow resistance between the two rivers. The discharge in
a river is the product of the average flow velocity V and the (cross-sectional)

area of the flow A:

Q = V · A (2.1)

The average flow velocity in a river is determined using Chezy’s Equation
(Fox and McDonald, 1994):

3 1
V = RhS 2 (2.2)
n

Where R h the hydraulic radius, S = slope of the river in flow direction
and n = Manning Roughnes Coefficient. The hydraulic radius is the ratio

28 Annex 114

CHAPTER 2. THE EFFECT OF DREDGING ON THE DISCHARGE
5 OF SAN JUAN RIVER

between the area of the flow and the wetted perimeter

R = A
h O

The cross sectional Area A depends on the shape of the cross section

of the river (for instance rectangular). Figure 2.1 shows two different river
cross sections. Figure 2.1a shows the original river profile (simplified) while

figure 2.1b shows the flow area after dredging. Over a bottom widthB the
river is deepened. When A n and O nre the flow area and perimeter of the

new profile these values can be computed as follows:

W

h0
h1

b

B
(a) orig. cross section (b) section after dredging

Figure 2.1: Flow area before and after dredging.

A n = s1h0+2 bh 0 s (2 −1h ) 22 s (h2− h1)h 0 B0 1 (2.3)

Where the slope s is defined as the ratio between the horizontal and
vertical distance of an inclination (hence tanα). The wetted Perimeter

O neads:
 
2 2 2 2
On =2 h0(1 + 1 )+2 (h1− h 0 (1 + s 2+ B +2 b (2.4)

Where b equals :

1
b = 2(W − B) − s 1 0− s2(h1− h 0

2.2 Computation of discharge in San Juan River

2.2.1 Present situation

Figure 2.2 shows flow measurements from the San Juan river. The cross-
2
sectional flow area is 182 m and the average flow velocity is 0.98 m/s, which
leads to a discharge of 178 m /s. The average depth of the flow is 2.19 m.
−4
Table 2.1 shows that the slope of the river varies between 1 .2 · 10 and

2.2. COMPUTATION OF DISCHARGE IN SAN JUAN RIVER

29Annex 114

CHAPTER 2. THE EFFECT OF DREDGING ON THE DISCHARGE
6 OF SAN JUAN RIVER

Figure 2.2: Flow velocity measurements in San Juan river.

2.8 · 104.

In table 2.1 the theory presented above is applied on the values of the
San Juan river. The computed values are close to the measured ones when a
value for Manning’s coefficient n =0 .025 is used. This is a reasonable value

for a river.

Table 2.1: Typical values for the San Juan river

Width of the river 100 [m]
Depth before dredging 2.19 [m]
−4
Slope of river 2 · 10 [-]
Manning Coefficient 0.025 [-]

Average flow velocity 0.91 [m3s]
Discharge river (before Dredging) 185 [m /s]

2.2.2 Influence of deepening

The goal of the dredging plans is to obtain a navigable depth of 2 m over

a bottom width of 20 m. In the profile of figure 2.2 this depth is already
present. For lower values of the river discharge or on locations where the
width exceeds the value shown in table 2.1 the average water depth will be

2.2. COMPUTATION OF DISCHARGE IN SAN JUAN RIVER

30 Annex 114

CHAPTER 2. THE EFFECT OF DREDGING ON THE DISCHARGE

7 OF SAN JUAN RIVER

lower than needed for navigation. The river will flow in a wide bed with a
shallow water depth. Local deepening of the river will concentrate the flow

over a smaller width which leads to improved possibilities for navigation.
It will be investigated what the influence of the deepening is on the river

discharge for varying values of the water depth. The river discharge is

calculated as a function of the value of h , ke0ping h at a c1nstant value
of 2 m. So when the value of h approac0es to zero the river only flows

through the deepened section. For a value of h equal0to 2 m the river is not
deepened and depth is uniform over the total width (more in line with figure

2.2). Figure 2.3 shows the resulting discharge and flow area as a function of

the water depth h . 0

200
Discharge n
180 Area A
n
160 Area A
]
2 140

120

3/s],Area [m
100

80

Discharge [m

40

20

00 0.5 1 1.5 2
Height h[m]
0

Figure 2.3: Flow area and discharge as a function of the water depth.

The figure shows three lines. The dotted lines indicate the value of the

cross section of the flow. Area A is the flow area for the original situation

(figure 2.1a, no deepening). For the line A and the situation h = 0 the 0
river bed is dry, no flow. When h = 0 for0the deepened situation (A ), n

the plains beside the channel are dry and the flow is concentrated in the
channel. For h =2 m, h = 0 and no deepening is needed and both area’s
0 1
are equal. The continuous line gives the discharge for the area A . For n
3
h0= 0, discharge is approx. 20 m /s indicating the situation where the
river only flows through the channel. This value is therefore in theory the

minimum value needed to ensure navigation during a low-discharge period.
This value is very low compared with the discharge in the Colorado river.

2.2. COMPUTATION OF DISCHARGE IN SAN JUAN RIVER

31Annex 114

CHAPTER 2. THE EFFECT OF DREDGING ON THE DISCHARGE

8 OF SAN JUAN RIVER

Figure 2.3 shows a situation where the water depth in the channel is equal

to 2 m for different values of h .0For example when the water level h equals0

0.75 m, the depth of the excavation in the river bed must be 1.25 m to get a
water level h 1 in the channel equal to the desired 2 m. To ensure navigation

at low values of the river discharge the excavated depth must be 2.0 m on
most locations. To investigate the influence of the discharge in the San Juan

river it is therefore more realistic to base the calculations on a dredged depth

of 2.0 m in the original river bed. The same equations apply, but now the
value of h 12 .0+ h , the0water depth in the channel equals 2.0 m plus

the water level on the plains beside the channel. Figure 2.4 shows he result

250
Qn
Q
old
200 Qextra

3/150

Discharge [m

50

00 0.5 1 1.5 2
Height h[m]
0

Figure 2.4: Discharge as a function of the water depth.

of this approach. In the graph three lines are shown. The discharge in the

original situation Q old the dredged situation Q ann the difference between
these two values Q extra For a low discharge the river only flows through
3
the channel and the extra discharge is the already mentioned 20 m /s. For
an average value of the discharge (h =1 m) the extra discharge is 50 m /s. 3
0
Compared with the Colorado discharge of 1700 m /s this is only 3 % extra.
3
Note that the value of 20 m /s (for low river discharge) is a conservative
value which will be lower in reality because this value is compared with a
3
situation where Q old=0m /s, a completely dry San Juan river.

2.2. COMPUTATION OF DISCHARGE IN SAN JUAN RIVER

32 Annex 114

Chapter 3

Environmental impact of the

dredging project

In our view, the small increases in flows through the San Juan River and the
Harbor Head Can˜o are unlikely to cause permanent environmental impacts.

In light of the relatively modest scale of the project, the EIS identified and
evaluated potential environmental risks consistent with current international
practice. The San Juan River and Colorado River is a bifurcated river sys-
tem which has shown itself to be stable over many decades. The sediment
dredged from the San Juan River, which will result in a slight increase in

flow only in the low water season, constitutes the type of small perturbation
which is unlikely to cause a permanent environmental impact in a stable
bifurcated river system.

Similarly, assuming the large-scale geometry of the delta system remains

unaltered, there would seem to be little reason to believe that any per-
manent environmental impact would result from the Cano clearing work.
The small scale of that work is indicated by the fact that it was performed
by hand with shovels and buckets. Additionally, the no has remained
stable through many years and flood cycles. There will be only a small

increase of flow in the San Juan River resulting from the dredging work,
and the manual clearing of debris and vegetation with shovels is unlikely
in this circumstance to produce the type of dramatic increase in the flow
in the Ca˜o that might cause a permanent impact. Indeed, after the˜oan
clearing work was completed, the flow in the Cno was measured at only

2.38 cubic meters per second, which means the water is barely moving at all.

Moreover, the dredging project andno clearing, as approved by MARENA,
incorporate an additional layer of protection against environmental impacts
in the form of mitigation measures. For example the Environmental Man-

agement Plans adopted for the dredging and Cno clearing project require

33Annex 114

CHAPTER 3. ENVIRONMENTAL IMPACT OF THE DREDGING
10 PROJECT

that any sediments dredged from the San Juan River be deposited in spe-
cially designed barriers on the Nicaraguan side of the river at least 50 feet
from the river. Likewise any trees felled during the work must be replaced

tenfold by trees of similar species.

While the dredging may cause a small increase in the amount of sus-

pended solids in the San Juan River and in the Harbor Head Ca˜no, that
dredging is not likely to cause any measurable environmental harm given
the pre-existing high natural turbidity of the river. As evidenced by pho-
tographs of the San Juan River taken prior to the commencement of the

dredging project, the water in the San Juan River is brownish, as is often
true for rivers in tropical areas, which naturally contain significant amounts
of organic material. The small and temporary increase in the concentra-

tion of suspended solids that will result from the dredging will not have any
significant impact given the naturally-occurring concentrations of organic
material in the San Juan River and the Harbor Head Can ˜o.

34 Annex 114

Bibliography

H. Espinoza Urbina. Affidavit of hilda espinoza urbina, national director

of the department of environmental quality at the nicaraguan ministry of
the environment and natural resources, 2010.

R.W. Fox and A.T. McDonald. Introduction to Fluid Mechanics. John Wiley
and Sons, Inc., fourth edition, 1994.

L.A. Quintero G´mez. Declaration regarding the dredging project, 2010,
and attachments, including the environmental impact study for the im-

provement of navigation in the san juan river of nicaragua, 2010a.

L.A. Quintero G´mez. Certification regarding flow measurements in the
cleared harbor head c˜o, 2010b.

V Silva Mungu´ıa. Declaration regarding the effect of the dredging project
on the flow of the colorado river, 2010.

E.M. Vivas Soto. Statements of elsa maria vivas soto, agrocultural engi-
neer, general department of environment quality of the ministry of the

environment and natural resources of nicaragua, 2010.

BIBLIOGRAPHY

3536 Annex 115

FUNDENIC SOS & FONARE, Technical Report “Evaluation of

the environmental impacts caused by the construction of
a 120 km long road parallel to the right bank of the San Juan
de Nicaragua River”

March 2012

3738 Annex 115

TECHNICAL REPORT

Evaluation of the environmental impacts
caused by the construction of a 120 km

long road parallel to the right bank of the
San Juan de Nicaragua River

1March 2012

39Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Contents

CONTENTS ............................................................................................................................ 1

LIST OF TABLES...................................................................................................................... 1

LIST OF FIGURES.................................................................................................................... 2

1 INTRODUCTION ............................................................................................................. 4

2 TECHNICAL REPORT OBJECTIVE ...................................................................................... 5

3 METHODOLOGY USED IN PERFORMING THE ENVIRONMENTAL ASSESSMENT.................. 5

4 SAN JUAN RIVER BASINENVIRONMENTAL CHARACTERIZATION ..................................... 7

5 ROAD DESCRIPTION ...................................................................................................... 15

6 ROAD CONSTRUCTION ENVIRONMENTAL IMPACT IDENTIFICATION AND
ASSESSMENT................................................................................................................ 17

7 CONCLUSIONS OF EXPERT ASSESSMENTON DAMAGES CAUSED BY ROAD

CONSTRUCTION............................................................................................................ 38

8 RECOMMENDATIONS FOR ENVIRONMENTAL COMMITMENTS AND MITIGATION ...........39
MEASURES IN VIEW OF DAMAGES CAUSED BY ROAD CONSTRUCTION

9 BIBLIOGRAPHICAL REFERENCES..................................................................................... 41

10 ANNEXES...................................................................................................................... 42

List of Tables

Table 1: Watershed 69 Hydrological Units................................................................................................7

Table 2: Portion of San Juan River Basin Located in Costa Rica .................................................................7

Table 3: Some Environmental Regulations for Designing Roads, according to SIECA’s Central
American Road Manual.............................................................................................................20

Table 4: Main Environmental Impacts Identified during Road Construction..........................................22

Table 5: Main Environmental Impacts during Road Operation ...............................................................23

Table 6: Description of Main Environmental Impacts Observed in Field Visit .........................................24

1

40 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Table 7: Images Supporting Some Critical Points Identified from Nicaraguan Territory..........................28

Table 8: Classification of Species Affected by the Road ..........................................................................32

Table 9: Relevance of Negative Environmental Impact Matrix during Road Construction , according to
Expert Team Assessment........................................................................................................................37

Table 10: Relevance of Negative Environmental Impact Matrix during Road Operation , according to
Expert Team Assessment .......................................................................................................................38

List of Figures

Figure 1: Image of San Juan River subbasin in Costa Rican territory .........................................................9

Figure 2: Erosion Map of San Juan River Basin........................................................................................11

Figure 3: Water quality comparison vis-a-vis Sarapiquí and San Carlos rivers.........................................12

Figure 4: Embankments to build a bridge over the San Carlos River .......................................................13

Figure 5: Comparison between San Juan River and Colorado branch channels .......................................13

Figure 6: Progressive deforestation process in Costa Rican territory ......................................................15

Figure 7: Road layout along the San Juan River’s right bank ...................................................................16

Figure 8: Road cross-section with a 50-meter right-of-way.....................................................................17

Figure 9: Milestone N° 6 within road embankment slope ......................................................................18

Figure 10: Sewers located in Nicaraguan territory ..................................................................................18

Figure 11: Crop damages........................................................................................................................19

Figure 12: Dwelling at edge of road slope...............................................................................................19

Figure 13: Culvert with smaller diameter than recommended................................................................22

Figure 14: Cross-section in embankment with inadequate slope ............................................................22

Figure 15: Soil erosion resulting from surface runoff..............................................................................24

Figure 16: Man-made drainage canal altering hydrological regime........................................................24

Figure 17: Destruction of gallery forest protecting the right bank of the San Juan River ........................24

Figure 18: Sediment disposal site on the right bank of the San Juan River ..............................................24

Figure 19: Drain discharging in the San Juan River ..................................................................................25

Figure 20: Geomorphology alteration in unstable areas.........................................................................25

Figure 21: Significant increase in sediments on the right bank of the San Juan River .............................25

Figure 22: Significant increase in sediments on the right bank of the San Juan River .............................25

Figure 23: Slope landslide and soil erosion on river bank .......................................................................25

Figure 24: Gullies formed on slopes........................................................................................................25

2

41Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Figure 25: Damage from barrier effect on Maquenque wetland (RAMSAR site) .....................................26

Figure 26: Damage from barrier effect on northeast Costa Rican wetlands ............................................26

Figure 27: Machinery concentration increases air and noise pollution levels.........................................26

Figure 28: Barrier effect on natural lagoon and river system ..................................................................26

Figure 29: Increased sediments from barrier effect on courses of small streams....................................26

Figure 30: Accelerated erosion has damaged slope-covering fabrics......................................................26

Figure 31: Critical point due to risk of substance spill over the San Juan River .......................................28

Figure 32: Critical point due to risk of reduced flow rate of the San Juan River ......................................28

Figure 33: Critical point due to risk of road flooding along the San Juan River........................................28

Figure 34: Critical point due to severe geo-morphological damage in geologicallyunstable area...........28

Figure 35: Critical point due torisk of road flooding along the San Juan River ........................................28

Figure 36: Critical point due to geological instability..............................................................................28

Figure 37: Critical point due to slope instability and ongoing erosion process ........................................29

Figure 38: Critical point due to river channel silting................................................................................29

Figure 39: Critical point due to slope instability and ongoing erosion process ........................................29

Figure 40: Critical point due to slope instability .....................................................................................29

Figure 41: Critical point dueto sediment runoff into the river................................................................29

Figure 42: Critical point due to slope instability......................................................................................29

Figure 43: Critical point due to slope instability......................................................................................30

Figure 44: Critical point due toerosion of channel edge at the river’s right bank accelerated by road ...30

Figure 45: Critical point due to risk of flooding along the San Juan River ................................................30

Figure 46: Critical point due to sedimentation of road drainage system .................................................30

Figure 47: Critical point due to river siltingand road flooding ................................................................30

Figure 48: Critical point due to slope instability......................................................................................30

Figure 49: Critical point due to slope instability......................................................................................31

Figure 50: Critical point due to slope instability......................................................................................31

Figure 51: Barrier effect caused by road between wetlands and the San Juan River ..............................33

Figure 52: Disturbances in wildlifespecies habitat ................................................................................35

Figure 53: Destruction of plants and wildlife caused by road construction .............................................36

3

42 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

1 INTRODUCTION

In February 2011, following the enactment of an emergency decree, the Government of Costa Rica started
building a road with an estimated 160-km length running from Los Chiles, Province of San Carlos, to Delta
Costa Rica at the mouth of the Colorado River in the Province of Heredia, at a cost of 10 million colones.

Starting at milestone N° 2 on the Nicaragua-Costa Rica border, the road stretches along 120 km about 5-20
meters from the San Juan River’s right bank.

In view of this situation, two non-government al organizations—the Nicaraguan Sustainable Development
Foundation (FUNDENIC SOS) and National Recycling Forum (FONARE)—filed a complaint in November 2011
with the Central American Court of Justice against the Government of Costa Rica. As part of the complaint,

evidence had to be produced to support the negative impacts being caused by the road construction and
the inferred potential impacts expectedat the operational stage.

This technical report describes its development process. A technical team of experts was formed that
visited the San Juan River on different occasions by water and air. Audiovisual information was gathered on
these trips and on- site inspections were made, when feasible. Technical information concerning the

environmental impacts of the road construction and preventive actions w ere gathered and reviewed at the
desk level.

The characteristics of watershed N° 69 are described, emphasizing its regional and local importance o n
account of natural and social values found in the San Juan River subbasin. This area is a terrestrial and
aquatic biodiversity bridge between the northern and southern parts of Middle America. Problems arising

from the water erosion, sedimentation and pollution process in the San Juan River are also described on the
basis of the Costa Rica-Nicaragua bi-national project studies carried out in 1994-2004.

The road description is based on information provided by Costa Rican government officials in their different
statements to the media and available in both printed and digital Costa Rican and Nicaraguan newspapers,
as well as information gathered by experts during field trips.

The impact identification and assessment process is described, first at the field level and then at the office
level, where the area of influence of the road was defined in meetings with experts, and a checklist of

physical, biological, and socioeconomic envi ronmental impacts was developed for road construction and
operational stages. Impacts were assessed through negative impact relevance matrices. In both cases,
experts from various disciplines “unanimously assessed environmental impacts caused by road const ruction

as severe.”

Finally, conclusions and recommendations are presented, including proposed guidelines for both countries

to jointly work on the search for solutions to this border dispute.

This report was developed by the following experts: Dr. Jaime Incer Barquero; Dr. José Antonio Milán Pérez;
Raquel Chavarría, MSc; Fabio Buitrago, MSc; Jacinto Cedeño, BS ; Dr. Ricardo Rueda; Augusto Flores, MSc;

Dr. Jorge Gallo; Milton G. Camacho Bonilla, BS; José Manuel Zolotoff, MSc; Dr. Salvador Montenegro; Edgar
Castañeda, MSc; and Kamilo Lara, MSc.

4

43Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

2 OBJECTIVE OF TECHNICAL REPORT

Document, identify, analyz e and a ssess actual and potential negative environmental impacts and their
consequences, as well as identify potential hazards related to the “ construction of a 120-km road along the
San Juan de Nicaragua River’s right bank,” a project developed within the territory of the Republic of Costa

Rican for submittal to the Central American Court of Justice.

3 METHODOLOGY USED IN THE ENVIRONMENTAL ASSESSMENT

This environmental impact assessment was carried out in two parts: a field assessment and a desk
assessment. In order to identify and assess environmental impacts , a combination of methods was used.

3.1 Impact Identification

The following methods were used inidentifying environmental impacts:

1. Field visits: To observe, study, record, and check impacts from road construction, including inspections

on the river and flights along the right banks of the San Juan River .

2. Checklist to identify project action s most heavily impacting environmental variables and

ecosystems: Actions affecting the environment and the population were determined through this
technique, and damages on the ecology and economy of the impacted area were defined.

3. Bibliographical review: An evaluation and analysis of other documents was performed based on
similar experiences to define potential impacts and quantify specific changes in area ecosystems.
Documents prepared by independent professionals and consultants were also reviewed. T hese

documents are listed below, while the rest of the supporting bibliography is listed at the end of this
report.

1. Informe de evaluación de la construcción de la carretera que construye Costa Rica paralelo a la
frontera con Nicaragua . Fidel Rodríguez , BS, and Mayra Blandino L. , MSc, e xperts in road
engineering and the environment, December 20, 2011.

2. Caracterización geológica ambiental carretera orilla del margen sur del río San Juan de
Nicaragua . Dr. William Martínez Bermúdez, expert geologist, and Carlos Laínez Granados , BS,

expert hydrologist, January 2012.

3. Informe sobre los impactos ecológicos que ocasiona la carretera que se construye paralelo al río

San Juan. Fabio Buitrago, MSc, expert in ecology.

4. Article titled Incumplimiento por par te de Costa Rica, al “Manual Centroamericano de Normas
Ambientales para el Diseño, Construcción y Mantenimiento de Carreteras .” Published by E l

Nuevo Diario. Mayra Blandino, February, 2012.

4. Expert opinion: Obtained through direct interviews, meeting s, and a relevance matrix analysis and

evaluation. Experts have proven experience in and knowledge of the affected area. This work stage
enabled identifying the high environmental vulnerability of the San Juan River area, and how many
past actions are alteri ng the ecosystem. This was possible through a bibliography review of studies

carried out in previous years by multidisciplinary teams from both countries, such as Diagnóstico de la
cuenca del Río San Juan y Lineamientos del Plan de Acción (PROCUENCA, 2004) and other
bibliographies produced in Costa Rica, as well as reports on the State of the Nation, Universidad de

5

44 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Costa Rica’s School of Geography master’s degree thesis, and others. At this stage , an intense activity
of scientific information exchange and a nalysis by the multidisciplinary work team took place, which

enriched this document criteria, reports, and opinions. This exchange include d an ad hoc evaluation of
impact relevance performed by experts in biology, ecology, water resources, road engineering , and
geology.

5. Landscape evaluation: This activity took place first at the field level using water and air transportation
to identify, characterize and assess the landscape in potentially impacted areas, determining quality,

fragility, and visibility conditions. At the office level, a landscape impact analysis was made.

To date, aerial and aquatic reconnaissance has been carried out since the complaint was filed in

February 2012. These visits allowed us to identify the critical negative environmental impacts on the
ecosystem and its connectivity caused by the road that the Costa Rican government is building in the
proximity of the San Juan River. Visits at different stages of the project have shown that impacts and

damages in the identified sectors have worsened in the short period of time the road has been under
construction.

3.2 Impact Assessment

Assessment matrix: A qualitative assessment procedure was followed to measure each expert’s perception

of the observed and anticipated impact relevance through an assessment matrix system , using parameters
for rating impact relevance, such as damage intensity, impacted land area, time for effects to be seen,
duration of the impact , environment reversibility, type of impact , likelihood of impact s, impact

manifestation over time, and social perception. A weight was assigned to each parameter (Milán, 2004) to
estimate a relevance value, with 13 units being the minimum value and 100 units the maximum.

Environmental impacts produce alteration s in the environment that may be measured either qualitatively
or quantitatively. Q uantitative measures of alterations, where feasible, are referred to as impact
magnitude, which consists of impact dimension in absolute terms, whereas alterations that cannot be

measured in ma gnitude are assessed through impact relevance , which consist s of weighing a significant
impact in relation to the affected environment.

In order to get a balanced criterion on the relevance of the impacts generated by the road construction,
FUNDENIC and FONARE decided to convene a group of national experts in different topics related to
ecology, hydrology and road construction (Annexes 4, 5, and 7).

6

45Annex 115

Technical Report

Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

4 ENVIRONMENTAL CHARACTERIZATION OF THE SAN JUAN RIVER BASIN

4.1 Description of the Characteristics of the San Juan River Basin

2
Watershed N° 69, or San Juan de Nicaragua River basin, covers a n area of 41,454 km . It begins at Lake
Apanás, a man -made reservoir located in the department of Jin otega in the north- central region of

Nicaragua, and ends at the m outh of the San Juan River on the Caribbean. This basin is viewed as the most
important watershed on account of its strategic value in Nicaragua’s hydrological system. Given its size, it is
divided into three large hydrological units (Table 1).

Table 1: Watershed 69 Hydrological Units
Area
Subbasins 2 %
(km )
Lake Xolotlán or Managua 6,669 16

Lake Cocibolca or Nicaragua 23,848 58
San Juan River 10,939 26
Total 41,454 100

Source: PROCUENCA, 1997

Lake Cocibolca is a large freshwater lake in Central America, inhabited by approximate ly 750,000 people.

The basin is an important agricultural production area a nd one of the country’s main to urist attractions by
reason of the colonial city of Granada and Ometepe Island. In addition, it is the habitat of many species.
There are three wetlands in the basin, which were declared of international importance in the 1971 Ramsar

Convention (Annex 1). There are several endemic fish species in the lake. The location of the basin in the
Meso-American Corridor is a meeting point for North and South American wildlife.

Over the last century, the basin has lost a significant portion of its forest cover to population growth and
agricultural expansion, among other things, which caused fragil e volcanic soils and steep slopes expo sed to
erosion, which are thus transported to the lake as sediments that either settle or are carried suspended to

the San Juan River. In addition to its importance to fishing and recreational industries, Lake Cocibolca is
beginning to be used as a freshwater source by some coastal towns, and its role as a freshwater source may
considerably increase in the future to supply many areas in the Central American Pacific region.

Large loads of sediments in the Lake Cocibolca watershed, and nutrients carried both from the national

territory and several Costa Rican rivers flowing into the lake along 80 kilometers of the southern lake coast,
are one of the major concerns systematically voiced by Nicaraguan experts, as documented in a variety of
previous studies and confirmed by this report (PROCUENCA, 2004, CIRA- UNAN, 2009). Table 2 shows the

portion of the San Juan River basin located in Costa Rican territory.

Table 2: Portion of the San Juan River Basin Located in Costa Rica

Subbasins Costa Rica % Nicaragua % Area
(km ) (km ) (km )
Lake Cocibolca or Nicaragua 4,155 10.8 19,693 51.1 23,848

San Juan River 8,590 22.3 2,347 6.0 10,937
Total 12,745 33.1 22,040 57.1 34,785

Source: PROCUENCA, 2004

The area draining towards Lake Cocibolca from Costa Rica covers only one -fifth of the entire basin area (not

including the lake area): It is largely included in formal protected areas and under environmental service
payment agreements. It is estimated , however, that due to steep slopes and precipita tion levels, close to
77% of the total sediment load originates in Costa Rica and ends up in the San Juan River (OSPESCA, 2006).

7

46 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

The Lake Cocibolca basin has a unique value . It is rich in biodiversity and a catalyst of economic growth in

Nicaragua with the potential to benefit large populations in other Central American countries. This is why
several non-governmental organizations in Nicaragua have emphasized the need to protect the lake and its
basin.

This hydrological unit comprises 64% of the Nicaraguan territory and 36% of the Costa Rican territory. This
basin constitutes the largest topographical depression in the isthmus, the Nicaraguan Graben, a young

tectonic structure where northern and southern continental masses meet. It is the most unlimited and open
natural depression in the continuum of western hemisphere mountain ranges, and facilitates air mass
movements between both oceans. It often acts as a transit corridor for Atlantic anticyclon es in their

passage to the West, which together with Lake Nicaragua’s vast water mir ror with high evaporation levels,
as well as tropical moist forest areas with high evapotranspiration, play a critical role in creating the cloud
system and rainfall pattern in the Central American region all the way to the Gulf of Mexico. This attests to

the basin’s global importance in the regional and Meso-American system (PROCUENCA, 2004).

From a biological point of view, the basin is a natural corridor and breeding ground for biological species

from nearctic and neotropical biogeographic regions, particularly characterized by a rich biological diversity
with a strong endemism, making this territory a highly sensitive environmental zone due to the quality of
existing resources and its protected nature as the Southeast Nicaragua Biosphere Reserve. The Sa n Juan

River hydrological unit itself is the last in this giant aquatic system; it runs from its source at the San Carlos
lacustrian port to its mouth on the Caribbean: the physical area where the road is being built on Costa
Rican territory.

The San Juan River starts in Lake Cocibolca and flows from west to east along approximately 205 km until it
discharges into the Caribbean at two places: the San Juan del Norte lagoon in Nicaragua and the Colorado

branch in Costa Rica, both some 20 km apart.

The upper San Juan River, from its source to the mouth of the San Carlos tributary river is narrow, deep,

without islands, and with some rapids. On the other hand, the lower portion of the river is wide, shallow,
with several islets, and forming a delta close to it s mouth. The river flows slowly because there is just a 30 -
m elevation difference in its entire 205-km length, which favors a higher sedimentation rate.

Nicaraguan tributary rivers are short and come down along gentle slopes from elevations ranging from 400
to 600 meters above sea level. On the contrary, Costa Rican tributaries contribute approximately 85% of the

total San Juan River flow rate, run over steep volcanic soils coming down from 3,000 m eters above sea level
to 30 m elevations, which favors sediment entrainment and silting because of changes in soil uses (from
forest to agriculture) related to production and economic activities (Figure 1).

4.2 Environmental Situation in the Area

By reason of the highly sensitive environmental characteristics o f the above described river ecosystems,

easily disturbed by human activities, their ability to recover from environmental degradation is more
limited.

8

47Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Figure 1: Image of San Juan River subbasin in Costa Rican territory
Source: NASA

“Within a conserved ecosystem, there are functions that become essential to its maintenance and
organization (e.g., air and water purification, fertile soil generation and preservation, crop and wild
vegetation pollination, seed dispersal, nutrient recycling, etc.), which are directly affected at the disturbance

stage leading to environmental impairment with large biological implications.

Conservation and management using resilience as a bio -indicator allows including human activity role in

ecosystem functioning, building the basis for predicting both present and future ecological changes, such as
identifying ecosystems most vulnerable to disturbances (Dornbusch, 2004).”

Thus, even if there were no such a broad and sufficient knowledge of an ecosystem or com munity where an
intervention with works, such as the road, is planned (which is not the above described case), the caution
principle should be applied and the ecosystem should be ranked as having a high environmental sensitivity

until more representative d ata are available, in line with this assumption, which is also included in most
environmental legislation in Central America and Nicaragua.

Therefore, based on the above and prior to considering any action related to San Juan River terrestrial and
aquatic ecosystems, it is worth mentioning that constant changes in soil use and uncontrolled agricultural
practices traditionally carried out in Costa Rican territory have notoriously contributed to degrading this

body of water due to sediment yield from sub -basins located south of the river. On the other hand, the
Nicaraguan side is protected by the San Juan River Biosphere Reserve, a part of the Meso -American
Biological Corridor that both countries are committed to conserve.

Due to practices inconsistent with the commitments made by the Costa Rican government on
environmental protection in a basin shared by both countries, environmental problems found on Costa

9

48 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Rican territory have had cumulative effects on the San Juan River, which are briefly described in the
paragraphs below.

4.2.1 Damage to San Juan River Water Quality

According to laboratory tests, sediments found in the Sarapiquí River, a Costa Rican tributary of the San
Juan, show high values of copper, nickel, iron, and other elements from three sampli ngs (Sampling dates )
indicating a high contamination from elements. Magnesium concent ration values in all samplings are also

consistent with highly polluted sediments. The same situation was found for zinc concentration in
suspended solids of two out of three samples, where high values of this cation were signs of high pollution
levels (PROCUENCA, 2004).

As part of the PROCUENCA 2004 project, a request was made to Universidad de Costa Rica’s Nuclear Physics
Laboratory to perform X-ray fluorescence (XRF) tests on sediments in a sample from the Sarapiquí River and

in another sample from the San Carlos River to ascertain whether or not values obtained through the
different techniques were consistent. As it happened, test result values were consistent with thos e found in
samples with high iron, magnesium, zinc, and copper concentrations.

At several sampling points on the San Juan River , the presence of heavy metals , such as aluminum, has
been found in water transported by volcanic origin sediments from Costa Ri ca. These were found in Sábalos

and Santa Cruz rivers and in the delta. Metals such as iron, copper, zinc, and manganese are not found in
concentrations hazardous to human life, with the exception of aluminum, which exceeds values allowed in
preserving human health and wildlife. These metals in water come from a high erosion of volcanic soils in

Costa Rican territory.

Pesticide levels in the San Juan River are low. The presence of organochlorine compounds, however, the

use of which has been globally banned due to their high persistence and potential hazard to every living
organism, including humans, should currently be a great concern.

These pesticides were also detected in water and sediment matrices at the mouth of Costa Rican tributaries
in studies carried out by CIRA -UNAN (2008). This is a worrisome finding because, although organochlorine
compound marketing and use has been banned, some of them, like pp- DDT (0.14 ng/g) and its breakdown

products, are still present in the environment. Molecules of th ese chemicals found in Infiernito River water
and sediments and in both San Juan River compartments suggest a recent use of pp-DDT, together with use
in past decades, as shown by detected metabolite (pp-DDE and pp- DDD) concentrations. This could be a

reason for great concern because previous studies have also reported the presence of these molecules in
the San Juan River.

Other compounds having a lower environmental impact but seen as a potential hazard to aquatic organisms
were also found. A higher transport of these compounds to the San Juan River cannot be ruled out during
the rainy season.

Figure 2, Erosion Map, shows in red the high erosion process in Costa Rican subbasins, which has been
ranked as severe and worsened on account of soil overuse. The same situation is found in soils used for
cattle-ranching activities, where water erosion is worse because of extensive cattle- raising practiced by

most farms, where pastures have been established mostly on land with forest capability . These
inappropriate ways of using the soil lead to soil compaction and reduce soil water storage capacity.

A tributary of the Sarapiquí sub-basin is El Sucio River, which owes its name to its turbid colored water
caused by the large amount of sediments it carries as a result of steep slope soil erosion on the upper river
section and materials transported by rainwater.

10

49Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 2: San Juan River basin erosion map
Source: MARENA, PROCUENCA, 2004

According to PROCUENCA, 2004, the Costa Rican Sarapiquí River has high sediment concentrations (864 —

103.7 tons/day), the same as the San Carlos River (1,209.6— 35.6 tons/day). No netheless, the latter
presents events with loads higher than Sarapiquí. This is one of the main Costa Rican sub- basins due to its
great n atural wealth and important economic development in the area. Agricultura l, agro -industrial,

commercial, natural resource extraction, and tourism activities take place here.

The higher elevation parts of Costa Rican sub -basins consist mostly of open areas used for dairy and beef

cattle grazing, as well as to protect the Poás Volcano, Braulio Carrillo, and Juan Castro Blanco national
parks. While these areas continue to be used mainly for cattle grazing, land use has significantly shifted to

planting such i ntensive crops as pineapple and banana. About 87% of the water volume granted in
concessions in this basin is used to generate electric power, the second largest activity being agriculture,
which uses 13% of the total water volume. 1

Although samples taken in Costa Rican territory provide little information on Sarapiquí River water quality,

if the shift in land use to pineapple and banana monocultures is taken i2to account, the likelihood of
pesticide, nutrient, and sediment contamination becomes high. The State of the Nation Report
acknowledged how important it is for Costa Rica to use the Sarapiquí River for hydropower generation , but

it also emphasized that the upper sections of this river were deforested for cattle raising, which is creating a
large environmental impact downstream.

1
Thirteenth Costa Rican State of the Nation Report on Sustainable Human Development, 2007.
2Ibid.

11

50 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Finally, it may be concluded that the main c3uses of increased amounts of sediments flowing into the San
Juan River from Costa Rica are the following:

 Road construction (opening trails and roads in all the sub- basins)

 Expansion of the agricultural frontier without conservation techniques

 Non-metal material mining for construction

On the other hand, human activities in northern Costa Rican sub- basins significantly contribute to water
quality reduction because cities gene rate untreated or poorly treated solid waste, as well as home effluent

disposal in San Carlos, Sarapiquí, Upala, Los Chiles, Guatuso, La Cruz, and Pococí. According to data in the
Costa Rican State of the Nation Report, 4 an estimated 70,000 metric tons of solid waste per year is

generated in San Carlos2and Sarapiquí basins , of which 20,000 metric tons per year are left uncollected,
namely, 3 tons per km /year, and there is only one open dump available. Ultimately, all this untreated
waste ends up in the San Juan River, thus affecting water quality along with aquatic wildlife and plants.

Figure 3 shows two photographs where concentration of sediments from Costa Rican rivers can be seen in

water color difference. On the left, the mouth of the Sarapiquí River, and on the right the San Carlos River,
coordinates UTM 794-57E/1207-986N. Figure 4 shows two Costa Rican backhoes extracting sediments from
the San Carlos River to build the bridge over the river that will connect with the road under construction

along the San Juan River.

Figure 3: Water quality comparison to Sarapiquí and San Carlos rivers

Source: FUNDENIC, 2012.

4.2.2 Damage to the San Juan River Water Flow Rate

It took Costa Rica seven years, from 1948 to 1955, to dredge the Colorado b ranch without notifying or

requesting permission from Nicaragua, with no study of damages caused to the San Juan River and
Nicaragua. The dredging of the channel was carried out by Costa Rica in order to get a higher flow rate at
the expense of the San Juan River, thus significantly contributing to a reduced flow rate downstream from

the delta. This has accelerated negative silting effects on the Nicaraguan part of the delta , making aquatic
species breeding difficult, diminishing fish species, and hindering navigation.

3
Thirteenth Costa Rican State of the Nation Report on Sustainable Human Development, 2007.
4Thirteenth Costa Rican State of the Nation Report on Sustainable Human Development, 2007.

12

51Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 4: Embankments to build a bridge over the San Carlos River
Source: FUNDENIC, February 11, 2012.

Figure 5 shows how most of the San Juan River flow was diverted to the Colorado branch, while the San

Juan River was reduced to a narrow channel. Sedimentation brought by Costa Rican rivers to the San Juan,
in addition to Costa Rican dredging of the Colorado branch in past decades to tamore water from
the San Juan River, can be clearly seen on the satellite picture taken in 2007.

NICARAGUAN
TERRITORY

SAN JUAN RIVER

COSTA RICAN COLORADO BRANCH
TERRITORY

Figure 5: Comparison between San Juan River and Colorado branch channels
Source: Google Earth, 2007

13

52 Annex 115

Technical Report

Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Evidence of the large volume flowing through the Colorado branch 6s the high sediment concentration it
discharges into the Caribbean. A net sediment yield of 1.8 x 10 metric tons per year was estimated to come
from the system’s southern sector. 5 Nutrients are reflected on water turbidity ; nutrient fronts at river

sediment plumes can be seen reaching out 3 —15 km into the Caribbean Sea continental slope at a 10 -
meter depth in the Colorado mouth and at 20 -meters in the San Juan River mouth. Colorado channel
unilateral dredging and expansion activities did not recognize Nicaragua’s exclusive and sovereign dominion

over the San Juan River, a right that was also reaffirmed by the Internationa l Court of Justice at The Hague
in July 2009. Regarding this matter, the current construction of a road along the San Juan River’s right bank
will multiply water sedimentation, which should be viewed not only as a damage to Nicaragua, but also as

an irreversible impact on Costa Rican territory.

4.2.3 Assessing negative impacts on biodiversity by Costa Rica’s new land use and deforestat ion in the
San Juan River basin

The 2004 Report on Carbon Dioxide Emissions and Fixation in Forests prepared by the government of Costa
Rica indicated that 9,100 hectares of forest cover were lost in 1997- 2000 in said country, amounting to an
annual rate of 3,000 ha down from the 1997 rate, which confirms a st rong tendency to reduce the land use

shift process. In fact, deforestation rate in the ‘60s and ‘70s was 6,000 ha per year, one of the highest in the
world (MINAE and UNEP, 2002). According to data in State of the Nation reports, Costa Rica has suffered

biodiversity losses, for example, 17 reptile and amphibian species populations at L6 Selva Biological Reserve
in Sarapiquí, showing as much as 75% decrease as a result of habitat reduction.

Costa Rican soil degradation is caused by forest cover loss and th e resulting fertility decrease, which
increases runoff and hinders or slows down soluble nutrient infiltration and percolation processes. By and
large, forest area reduction comes together with land use shift in favor of crops using inadequate

technologies that compound erosion processes and facilitate organic matter and soil fertility losses (MINAE,
2004).

Forest area reduction in Costa Rican territory leads to fragmentation of the habitat of many species living in
ecosystems shared by both countries , and contributes to major damages arising on river banks from lack of

vegetation and soil constitution. The shift in soil use from forest to agriculture on the San Juan River ’s right
bank in Costa Rican territory can be seen in Figure 6, whereas the left bank is conserved in the Indio -Maíz
Biological Reserve on the Nicaraguan side.

It can thus be summed up that the San Juan River basin is an area of high environmental sensitivity on
account of its natural characteristics, quality of resources, and protected ar ea nature, which ha s been

purposefully designated as the San Juan River Biosphere Reserve.

5Thirteenth Costa Rican State of the Nation Report on Sustainable Human Development, 2007.
6Fifteenth Costa Rican State of the Nation Report,2009.

14

53Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Figure 6: Expanding deforestation process in Costa Rican territory

Source: FUNDENIC, 2012

Cumulative environmental damage isbeing produced in the San Juan River, the right banks of which form in
part the border between Costa Rica and Nicaragua, as a consequence of impacts from accelerated and

intensive land use and environmentally harmful agricultural practices carried out by Costa Rica in an
environmentally sensitive area. This zone is recognized and protected by binational, regional, and
international agreements and conventions by reason of its being suitable only for natural resource

conservation and protection, not for deve loping harmful infrastructure, such as the road Costa Rica is
building along the river banks.

5. DESCRIPTION OF ROAD CHARACTERISTICS

To date, there is no official information available on the road construction project being implemented along
the south border, although the Nicaraguan Foreign Ministry has repeatedly requested such information
from its Costa Rican counterpart. Hence, project data hereby reported are taken from statements made by
Costa Rican government officials (Francisco Jiménez, Minister of Public Works and Transportation, among

others) and published in the media.

15

54 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

5.1 Technical Data regarding Road Construction

1. Location: It starts at the Nicaragua -Costa Rica border and lies within the inalienable Nicaragua -Costa
Rica Border Corridor National Wildlife Refuge, which extends from Punta Castilla on the Caribbean to
Salinas Bay on the Pacific.

2. Total 160-km Length: For some 40 km, the road runs parallel to the land border (between Los Chiles
and Milestone N° 2), but for the remaining 120 km it hugs the San Juan River’s right banks very tightly

until it ends at the delta. Thus , it is disturbing the remnants of moist tropical forests and blocking the
drainage of natural bodies of water flowing to the San Juan River from Costa Rica (Figure 7).

Figure 7: Road layout along the San Juan River’s right bank
Source: FUNDENIC

3. Right-of-way: 50 meters and 14—20-meters wide.

4. Type of road: Rural gravel road.

5. Road construction: The National Road Council (CONAVI) is in charge of building the road and has used
700 machines and employed over two thousand people from the region.

6. Cost: US$ 20 million.

7. No Environmental Impact Assessment was made, according to statements made by the Costa Rican
Foreign Minister and published in Nicaraguan national media.

16

55Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

6. IDENTIFICATION AND ASSESSMENT OFROAD CONSTRUCTION ENVIRONMENTAL IMPACT

6.1 Outcomes from Field Visits

Several visits were made at the different road construction stages by water and air.

Based on statement s made by Costa Rican government officials and on -site observations, this road
construction lacks the following:

1. Environmental Impact Assessment : Since there is no environmental impact assessment
available, no mitigation actions required to preemptivel y abate construction impacts were

identified. As a result, applying these measures after the fact to prevent potentially adverse
present and future impacts becomes difficult or impossible. Similarly, actions required for
lessening negative environmental effects during road useful life will not be anticipated.

2. Layout and Works Design : The makeshift road layout is irreg ular and whimsical with no
geometry on river bends and on the immediate terrain relief, tightly hugging river curves without

any technical design principle. The road layout does not blend in with the landscape, “ taking into
account its integration should be part of the scenery and especially share in scenery appreciation
and character” (Centro de Estudio y Paisajes del Territorio, Junta de Andalucía, 2008).

3. Topographic Supervision: Surveying tasks make sure the previously designed layout and the road
cross-section are built as planned in design drawings to achieve road quality and sustainability.

6.1.1 Defining the Area of Influence of the Road Construction

In order to study and assess environmental impacts, the road area of influence was defined taking into
account each environmental factor and considering sensitivity of natural resources and the pressure they
will be subject to, as well as visual impacts on the landscape.

Based on this definition and on available data the road cross -section was designed for a 50-meter right-of-
way (Figure 8).

Figure 8: Road cross-section with a 50-meter right-of-way
Source: Published date on road to illustrate the right-of-way.

As seen on the figure, the right -of-way includes the road surface, the slopes required for the earth to rest
without eroding, gutters and culvert s when technically required, as well as works to prevent culvert and

drain erosion.

17

56 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

The area of direct influence was defined considering the occurrence of direct and indirect hig-intensity
impacts, and includes typical road construction and material sites. This area is estimated to cover 500

meters from the right-of-way and includes stockpiling of borrow materials and other road hydrology and
drainage works.

The area of indirect influence was established taking into consideration socioeconomic aspects and social,
administrative, and political dynamics according to impact pr obability and frequency, which decrease
exponentially with distance from the road. This area encompasses approximately one kilometer from the

area of road direct influence all the way to the river mouth.

These influences have immediate effects, not to mention the progressive and increasing range of effects

related to the development of future activities encouraged by the presence of a border road (increased
commercial smuggling, drug traffic king, irregular settlements, deforestation, neland uses, waste from
tourist facilities, various kinds of waste and effluents, etc.).

Technical shortcomings leading to environmental impacts:

1. In line with the above section and based on visual evidence, it can be stated that the road under
construction invades Nicaraguan territory at some points (See Figures 9 and 10).

Figure 9 shows a milestone lying within the road embankment slope. In Figure 10 the culvert
appears without such protection works as headwalls, cutoff walls, and wing-walls at culvert outlets
to retain slope fill materials. As a consequence, this is favoring sediment transport.

Milestone N°6

Figure 9: Milestone N° 6 within road Figure 10: Culverts located on Nicaraguan
embankment slope territory

2. No precautions were taken during road construction works to prevent damages and nu isance to
Nicaraguans living next to the border, as ascertained by Fidel Rodríguez and Mayra Blandino L. in

their visit to the site, where they found the following damages:

 Fence destruction in residents’ properties.

 Crop damages (Figure 11).

 Residents are exposed to accident hazards by the presence of heavy mac hinery and

equipment near their homes (Figure 12).

18

57Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

 Reduction in property area due to inaccurate borderline delimitation resulting from lack of

milestone density.

 The lack of design for a road of this magnitude amplifies the environmental impacts

produced by any road project. This is particularly true when it is built in an environmentally
fragile or sensitive area because n o environmental measures were considered to minimize
adverse environmental effects neither at the planning stage nor during road construction,
operation, and maintenance.

Figure 11: Crop damages Figure 12: Dwelling at edge of road slope

Aware of this need, the Central American Economic Integration Secretariat (SIECA), under USAID

Agreement N° 596-0184.20, created the “Central American Manual of Environmental Standards for Road
Design, Construction, and Maintenance” in 2002, laying do wn environmental norms for the different road
development stages. Said document was meant to be used in developing the region’s environmentally and

economically sustainable road projects. This Central American integration instrument was infringed by
Costa Rica, as evidenced on Table 3.

The term “environmental impact” is associated with a socially important effect and is thus defined as any
significant alteration in the environment caused by human actions, whether positive or negative. So, a
project impact on the environment is the difference between the future modified environmental situation,

as it would be as a consequence of project implementation, and the future environmental situation as it
would have normally evolved without such an intervention, that is to say, the net (positive or negative)
alteration resulting from an action, where impact variation with the passage of time can also be seen
(CONESA, 1995, p. 25).

19

58 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Table 3: Some Environmental Regulations in Designing Roads, According to SIECA’s Central American

Road Manual

Earthmoving
performed to build this

slope is large and
erosion effects can be
1. Road layout should be seen in the
designed to minimize possible
earthmoving. development of
grooves due to this
area’s prevailing

weather conditions.

2. The road should cross the

smallest possible number of
watercourses, both permanent
and temporary (rainwater

creeks).

The number of required drainage works could not be determined during an on-
site evaluation. However, basedon topographic characteristics of the terrain
where road construction layoutwas defined, an estimate of 5 to 10 15-m-long

culverts per kilometer would be required. At project completion there could be
some 900 to 1000 culverts.

3. Stable soils with good
permeability should be preferred

to minimize problems arising Prevailing clayey soils
from ground water in sites with are very unstable.
shallow phreatic levels.

4. The project feasibility study The fact an Environmental Impact Assessment was not prepared is already
should include in the EIA the costs known, and no geological studies have been published to insure works quality.
of mitigating and offsetting all The road layout has not either anticipated mitigation measures because road

potential direct and indirect edge distance from Nicaraguan territory, including the San Juan River, is
environmental impacts identified, minimal.
analyzed, and valued resulting Field research, information based on geodesic maps andGPS, and visual

from road construction. inspection of the borderline along the San Juan River banks revealed the 120-
km road stretch layout between border milestones N° 2 and 12 was defined

20

59Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

without considering geological and hydrological parameters, such as:
 Soil specific gravity and relative density.
 Fill materials consolidation and permeability.

 Soil shear strength
 Slope stability (angle of repose)
 Soil liquefaction

 Flow rate calculations for hydraulic works construction

Geological studies conducted in Nicaragua by expert geologist Dr. William

Ramírez on the San Juan River confirmed this river’s geological terrain is a
graben, a new rift valley formed by an oceanic crustal extension resulting from
changes in Cocos Plate subduction pattern (it goes from an oblique angle to

semi-vertical), induced among other factors by the Cocos Ridge subduction
starting in the Middle to Late Miocene (≈ 15 million years ago).
In this respect, it is worth mentioning that the San Juan River irregular course

follows a strike slip fault system on account of WNW fault and fracture
structures associated with the Hess Escarpment system. This system reflects
convergence rate changes in geological time between Cocos and Caribbean

plates, while being modeled by dip fault and fracture traces mostly with NNE
to NE strike.

There are two kinds of evidences in identifying faults along the river and
surrounding areas. The first type of evidence is found in topographic maps and
satellite and radar image interpretation, where the main lineaments were

identified in the area. On field verification these lineaments matched the
presence of structures, both cross-cutting and parallel to the river course,
reflected either on heavily fractured rocks and hydrothermal alteration, or on

alluvial-illuvial secondary materials typical of fault fill zones. These elements
contribute to the area’s proven seismic nature.

There is no evidence of compliance with this.

5. When road corridors traverse
areas adjoining or influencing
protected areas the EIA should

include an area management
program with a component for
“in situ” conservation of endemic,

threatened, or endangered
species. The management
program will also include a

manual of procedures to be
followed by project workers after
receiving relevant training.

Source: Site Assessment Report, Fidel Rodríguez and Mayra Blandino L, December 6, 2011; El Nuevo Diario, December 20, opinion
article by Mayra Blandino; San Juan River Geological Environmental Characterization, Dr. William Martínez, January 2012;
photographs, Diario El 19 Digital; Manual Centroamericano de Carreteras, SIECA, USAID, 2002.

21

60 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 13: Culvert with a smaller diameter than Figure 14: Cross-section of inadequately

recommended sloped embankment
Source: Technical mission Source: Technical mission

Both the culvert diameter and material show it has no capacity to bear the embankment weight. As a
consequence, the pipe exhibits an oval section rather than a circular section, indicating it does not have the
strength for load bearing. This will create a drainage clog with the possibility of materials sliding to the river

located right across (Figure 13).

The cut slope for clayey soils should be 1:2 or 1:2.5. A look at the cross section in Figur e 14 (on the le ft)
shows a 1:1 slope (90 degrees). There is a very high probability of this earth sliding into the river in an area

with high precipitation such the San Juan River.

6.2 Identification of Environmental Impacts Caused by the Road

Identified negative environmental impacts from the road have been classified for two stages, namely:

a. During road construction (current stage). See Table 4.

b. During road operation and maintenance (should the project be completed). See Table 5.

Table 4: Main Environmental Impacts Identified During Road Construction

Activity / Causes Effects
Stockpiling of Impacts on Physical Environment

materials Destruction of geomorphology in unstable soil areas
Natural landscape destruction
River sedimentation from sliding slopes

Increased soil erosion from vegetation cover loss
Sediment yield obstruction of small streams flowing to the San Juan River

Hydrological regime and surface runoff modification due to land use changes
Soil destruction and compaction
Earthmoving:
clearing and Vegetation cover loss from gallery forest destruction at some points along the San Juan River’s
uprooting, roadway right banks
Air and noise pollution from equipment, machinery, and workers used in road construction
excavations, sub-
excavations, Damages in wetlands protected by the RAMSAR Convention (Maquenque Site and northeast
unclassified borrow Costa Rica)
materials (when
Surface water quality impairment

22

61Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

material stockpiling Natural landscape destruction
is used), Invasion of Nicaraguan territory In cases where earthmoving has taken place
embankment and at the land borderboundary
Damages to Nicaraguan citizens’ property
slope construction, Ecological Impacts
wedge construction
with site materials. Flora composition modification
Connectivity damages to species and ecosystemsin the Meso-American Biological Corridor

The noise created by works causes species migration
Major ecological factors, such as diversity and abundance, are affected. These impacts are also

produced on the various species living in the San Juan River.
A grouping provided by Mr. Fabio Buitrago has been prepared to estimate impact on the
different species. (See classification of affected species)

Social and Economic Impacts
Social and economi c impacts on people living on the Nicaraguan side and whose livelihood

depends on the San Juan River will become evident to the extent many of the above
mentioned physical and ecological impacts arise, due to negative effects on fishing, navigation,
trade, and tourism, among others.

Table 5: Main Environmental Impacts During Road Operation

Causes Effects
Impacts on Physical Environment

Since this is an improvement road and no environmental measures were adopted to abate
sediment transport, the river silting process and slope sliding hazard will continue and grow
Increased soil erosion

Air and noise pollution
Drainage area expansion towards river banks due to growing erosion

Risk of San Juan River water becoming contaminated by hydrocarbons (greases and fuels) from
traffic and probability of accidents

Ecological Impacts
Vehicle traffic will increase ecological impacts leading to connectivity damages to species and

ecosystems that are part of the Meso-American Biological Corridor
Vehicle traffic noise causes species migration

Major ecological factors, such as diversity and abundance, are affected. These impacts are also
produced on the various species living in the San Juan River.
Vehicle traffic and A grouping provided by Mr. Fabio Buitrago has been prepared to estimate impact on the

road maintenance different species. (See classification of affected species)
Social and Economic Impacts

Road vehicle traffic will generate cumulative impacts on a highly sensitive environmental area,
such as the Southeast Nicaragua Biosphere Reserve because the road will act as a vector
leading to new impacts, such as territorial anthropization (settling) and growth in human

settlements, which results in contamination from liquid effluents, solid waste, noi se, and
irreversible transformations in land uses.
Increased accessibility produced by the road will create a negative effect on the Biosphere

Reserve adding new environmental pressures, such as poaching, natural resource extraction,
and other illegal activities coming from Costa Rica.

The road will also increase pressure on the Nicaraguan security system, involvingadditional
costs to the country to strengthen border security and cross-border drug traffic control.
The road will increase illegal migration by people trying to find employment opportunities in

Costa Rica or seeking the “American dream”.
These factors will transform San Juan River traditional activities related tofishing, economy,
trade, tourism, and navigation.

23

62 Annex 115

Technical Report

Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

6.1.2 Images Supporting Some of the Above Assessed Impacts

Table 6 shows images of the countless negative environmental impacts.

Table 6: Description of Main Environmental Impacts Observed in Field Visit

Barrier effect on surface

runoff

Erosion due to lack
of drainages

Figure 15: Soil being washed off by surface runoff Figure 16: Man-made drainage canal altering

hydrological regime

Figure 17: Destruction of gallery forest protecting thFigure 18: Sediment disposal site on the right bank of

right bank of the San Juan River the San Juan River

24

63Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 19: Drain discharging in the San Juan River Figure 20: Geomorphology alteration in unstableareas

Figure 21: Significant increase in sediments on the rigFigure 22: Significant increase in sediments on the right
bank of the San Juan River bank of the San Juan River

Figure 23: Slope landslide and soil erosion on river baFigure 24: Gullies formed on slopes

25

64 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 25: Barrier effect damage on Maquenque wetlanFigure 26: Barrier effect damage on northeast Costa
(RAMSAR site) Rican wetlands

Figure 27: Machinery concentration increases air andFigure 28: Barrier effect on natural lagoon and river
noise pollution levels system

Figure 29: Increased sediments from barrier effect oFigure 30: Accelerated erosion has damaged slope-
small stream courses covering fabrics
Source: Technical mission

6.1.2 Impacts Generated During the Road Construction Stage

At this moment, direct biodiversity impacts can observed in the area, such as the following:

 forest area destruction to build the road;

 ecosystem continuity loss;

26

65Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

 obstruction and pollution of sever al rivers flowing into the San Juan River, thus limiting aquatic
species circulation;

 high sedimentation rate due to earthmoving;

 increased human presence in the area with a resulting higher use of natural resources for
consumption purposes;

 contamination from solid and liquid waste produced by more people working in the area;

These impacts could be viewed as transient or mitigable. However, no known mitigation measures have

been anticipated to prevent or minimize impacts caused by road construction.

6.1.4 Future Impacts During Road Operation

Even more worrisome than construction impacts are potential impacts occurring during operation once the
road is completed. Vehicle traffic in the area will entail the following ecological problems unanticipated by

both the building company and the government of Costa Rica:

 wildlife road kill;

 increased hunting in the area, given there will be more and better access conditions, mainly for
poaching in Nicaragua;

 increased tourist visitation in the area, and theref ore more tourist infrastructure, solid and liquid
waste, and noise pollution;

 noise pollution from vehicle traffic;

 pollution with gas emissions from vehicle traffic in the area;

 growth in roadside human settlements, thereby increasing pressure on Nicar aguan natural
resources (fishing, hunting, firewood, lumber, etc.) ;

 Overhead power line construction along the road, thus causing a high wildlife electrocution rate.

This document is based on field observations made during exploratory trips to the San Ju an River. Since
road construction plan, environmental impacts foreseen in said plan, and mitigation measures were not

known, the best expert judgment together with information on similar experiences were used to compile
the likely biodiversity impacts. The se impacts could be higher if additional, parallel, or complementary
works are developed on the Costa Rican road.

6.2 Critical Points Caused by Road Construction

Assessments made in this document use the term critical point in referring interchangeably to one point, or
set of points, or road segment that by reason of environment sensitivity or land capability , type of
intervention made, or proximity to the San Juan River creates major hazards that may lead to immediate or

short-term (up to two years) effects, which warrant monitoring because damages a rise from a cause-effect
relationship. Damages do not often become immediately apparent but rather until some time has elapsed
for impact magnitude to become evident.

27

66 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Many critical points have also been ide ntified from Nicaraguan territory, which is why a detailed
assessment of the induced hazard magnitude cannot often be made. A total of approximately 300 critical
points have been identified. Table 7 presents some of them.

Table 7: Images of Some Critical Points Identified From Nicaraguan Territory

Figure 31: Critical point owing torisk of substances Figure 32: Critical point owing torisk of affecting San
spilling over the San Juan River Juan River flow rate

Figure 33: Critical point owing torisk of road flooding Figure 34: Critical point due tosevere geomorphological
along the San Juan River damage in a geologically unstable area

Figure 35: Critical point due topotential road flooding Figure 36: Critical point due togeological instability
along the San Juan River

28

67Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 37: Critical point due to slopeinstability and Figure 38: Critical pointdue to silting in the river channel
ongoing erosion process

Figure 39: Critical point due to slope instabilityand Figure 40: Critical point due to slope instability
ongoing erosion process

Figure 41: Critical pointdue to sediment runoff to riverFigure 42: Critical pointdue to slope instability

29

68 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Figure 43: Critical point due to slope instability Figure 44: Critical point due tochannel edge erosion at
the river’s right bank accelerated by road

Figure 45: Critical point due to risk of flooding along Figure 46: Critical point due to sedimentation of road

San Juan River drainage system

Figure 47: Critical point in view ofriver silting and roFigure 48: Critical point due to slope instability
flooding

30

69Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Figure 49: Critical point due to slopeinstability Figure 50: Critical point due to slopeinstability
Source: FUNDENIC, 2012.

6.3 Impacts on Ecological Biodiversity

The southeast Nicaraguan and northeast Costa Rican region is a very valuable narrow biological corridor as
a biogeographic corridor. It contains the last viable connecting habitat on undeveloped land that enables to

maintain a continuum of the Meso-American Biological Corridor between both countries. This is why both
Nicaragua and Costa Rica have made big efforts to create protected areas and biological corridors. At least
19 (15 terrestrial and 4 aquatic) natural ecosystems and 2 humanized ecosystems have bee n identified. In

the attached Decree 66 -99 (Annex 2) is an updated list of the categories and boundaries of southeast
Nicaragua protected areas.

Paragraph 3.3 of the San Juan River Biosphere Reserve Fact Sheet (Annex 3) reads: “Southeast Nicaragua
Biosphere Reserve coordinated management with protected areas in north Costa Rica (each maintaining its
own individuality and sovereignty) would largely contribute to esta blishing and consolidating the Meso -

American Biological Corridor. These considera tions would assume future conservation and sustainable
development actions will be implemented in accordance with criteria of respect for laws and principles
governing natural systems (ecosystems) , overcoming any incoherence associated with the establishment of
national, cultural, or administrative boundaries.”

Opening new means of communication, however, will cause n egative environmental effects, just like all
infrastructure works and human actions. The most significant ecological effects from roads can include:

ecosystem fragmentation, exotic species dispersion and decrease in native wildlife and plant species
populations, blocked migrations of gallery forest biological populations, hydrological cycle alteration,
microclimate changes, particle matter and noise gener ation, water and soil pollution, etc. Opening

settlement fronts has a strong indirect impact that may lead to medium- and long -term land use
reconversion, natural habitat destruction, and reduced biodiversity.

Environmental impacts on biodiversity caused by road construction along the San Juan River can be broken
down according to the following ecological criteria:

1. Mobility

2. Home range

3. Disturbance sensitivity and tolerance

4. Species uniqueness

31

70 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

5. Ecological replaceability

Impacts on environmen ts where these species live or go through could also be classified, such as, fresh
water, salt water, tropical forest, air space. Table 8 shows the main species affected by anticipated road

construction impacts.

Table 8: Classification of Species Affectedby the Road
Species
Ecological Criteria
Common Name Scientific Name
Jaguar Panthera onca

Tapir Tapirus bairdii

White-lipped peccary Tayassu pecari
Harpy eagle Arpya harpija

Migratory species or Tarpon Tarpon atlanticus
species with a wide home Snook Centropomus spp.

range Bull shark Carcharinus leucas

American crocodile Crocodylus acutus
River prawn Macrobrachium spp.

Green macaw Ara ambigua
White-tailed deer Odocoileus virginianus

Manatee Trichechus manatus

Paca Agouti paca

Agouti Dasyprocta punctata
Unique species with Howler monkey Allouata palliata

restricted range or Spider monkey Ateles geoffroyi
associated to an ecosystem
White-faced capuchin monkey Cebus capucinus
Great egret Casmerodius albus

Migratory ducks and anatids several species
Common slider turtle Trachemys scripta

Bats several species

Amphibians (poison-dart frogs) Dendrobates
Highly sensitive species
Rainbow bass Cichlasoma spp.
Mojarra Cichlasoma spp.

Birds several species

6.3.1 Impacts on Species Mobility

Biodiversity does not have natural boundaries or limits to its range. Therefore, species able to cross the San
Juan River could freely move from one country forests to the other’s without major limitations prior to road

construction. Building such a physical barrier as a vehicle roadway, however, becomes a serious cons traint
on free movements of land animals having wide mobility ranges (Figure 51). Such is the case of the

following animal species, which are the most representative and emblematic in the area:

 Jaguar (Panthera onca)

 White-lipped peccary (Tayassu pecari)

 Tapir (Tapirus bairdii)

32

71Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

 White-tailed deer (Odoicoleus virginianus)

In addition to the physical barrier limiting free movement of these large mammals capable of swimmin g or
crossing the river, there are other smaller species affected by road construction, including:

 Paca (Agouti paca)

 Red brocket deer (Mazama americana)

 Great curassow (Crax rubra)

 Green macaw (Ara ambigua)

Figure 51: Barrier effect caused by road between wetlands and the San Juan River
Source: FUNDENIC, 2012.

Southeast Nicaragua and northeast Costa Rica mong the few remnants of Central American moist

tropical forests that formed the Me-American Biological Corridor, atiative endorsed by both
countries precisely to foster forest area conservation on both sides of the border and thus create the
conditions favoring free wildlife movements. In addition to the above mentioned species, it is worth

mentioning that the area is a transit station for a large number of migratory species, especially birds, which
would find an obstacle in their migration to other countries further south. Migratory bird species that could
potentially be affected can be those in the following taxonomic groups:

 Falconiforms (eagles, hawks)

 Piprids (warblers)

 Passeriforms (birds living in the Reserve)

 Strigiforms (nocturnal birds of prey)

33

72 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Many of these birds make very long trips from North America through the narrow Central American isthmus
to reach northern South America. This road is an additional obstacle that could be limiting these birds’

migratory route and affecting their ecological niche or function in the ecosystem (seed dispersal, food
source, pest control, among others).

Another important issue to be mentioned is the impact on aquatic species free circulation or movement.
These species will have an impaired ability to travel in the river to the extent road construction discharges
sediments that increase water turbidity and reduce the spa ce available for swimming upstream. The river is

used by many species, not only fish but also mammals and reptiles, which would be affected by
sedimentation coming from the neighboring country to the south, such as the following species:

 Manatee (Trichechus manatus)

 Long-tailed otter (Lontra longicauda)

 Snook (Centropomus paralelus/pectinatus)

 Tarpon (Tarpon atlanticus)

 Garfish (Atractosteus tropicus)

 River prawn (Macrobrachium carcinus/rosembergii)

 American crocodile (Crocodylus acutus)

 Spectacled cayman (Caiman crocodilus)

 Bull shark (Carcharinus leucas)

 Largetooth & smalltooth sawfish (Pristis perotteti & pectinata)

6.3.2 Impacts on Home Range

A large number of species with variable home ranges gather at the Indio -Maíz Biological Reserve and t he
San Juan River Wildlife Refuge. Over 600 animal species have been identified in this moist tropical forest

ranked as one of the most diverse in the American continent, second only to the Amazon forest.

Survival of many of these species lies on ecosystem landscape continuity, namely, the consolidation of large

compact forest areas to reduce border effect and man-made disturbances. Considering both northern Costa
Rican and southern Nicaraguan forests were envisaged by the Meso -American Biological Corridor as a single
large bloc of tropical moist forest protecting a representative sample of over 50% of Meso -American

species, this road construction breaks landscape continuity and, hence, ecosystem ecological integrity.
Undoubtedly, this will lead to unforeseen impacts from ecological imbalance and human disturbances in
home ranges of many biodiversity species (Figure 52).

6.3.3 Disturbance Sensitivity and Tolerance

Not all species inhabiting forests in southeast Nicaragua and northeast Costa Rica are able t o tolerate
human presence and its consequences. In fact, many populations of species found in these ecosystems are
declining in both numbers and range on account of small changes that go unnoticed by humans, such as in

average temperature, relative humidity, and precipitation.

34

73Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

Figure 52: Wildlife species home range disturbances
Source: FUNDENIC, 2012.

Species with a wide home range and high mobility are perhaps the most tolerant to man -made
disturbances. But larger species usually are less tolerant of disturbances given their limited ability to escape
them.

Species in such groups as amphibians, small reptiles, mollusks, insects, small mammals, crustaceans, and
arthropods are locally affected by this infrastructure construction t hat directly destroys their riparian

habitat. Some of these animals are extremely important to local communities as sources of income and
development opportunities, such as the river prawn (Macrobrachium carcinus ), a food and income source
for residents of El Castillo and San Juan de Nicaragua municipalities. Other species relevant to local food

security are rainbow bass (Cichlasoma spp.), mojarra (Cichlasoma spp.), snook (Centropomus spp.), machaca
(Brycon spp.), and big-mouth sleeper (Gobiomorus dormitor), among others included in local daily diet.

6.3.4 Species Uniqueness

Many species found in southeast Nicaraguan and northeast Costa Rican forests possess high ecological

uniqueness rates. Uniqueness is a sign of each species genetic and ecological impo rtance considering its
range throughout the continent, abundance in other forest areas, and ability to become associated with
particular ecosystem conditions.

Road construction alteration of the region’s ecosystem is directly affecting survival chances fo r many
species with high ecological uniqueness rates. Just in the Indio -Maíz Biological Reserve more than 150

insect, bat, amphibian, reptile, and bird species practically non -existent in other Central American tropical
moist forests have been reported. Road construction affects ecosystem integrity and thu s increases the
likelihood of losing species that are unique to humankind, not only to Nicaragua (Figure 53) .

35

74 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

It is extremely important to point out that new species for Nicaragua and even several new to science have

been reported in every scientific trip to the Indio -Maíz Biological Reserve. This is an indication of the poor
knowledge we still have about biodiversity in the Reserve and surrounding areas. By increasing risk s, the
road will then jeopardize survival of several species that have not yet been discovered, thus depriving

humankind from including new species in natural heritag e listings. Some of these still -unknown species
might hold secrets for drug manufacture, disease cures, chemicals, and othe r relevant benefits we would no
longer have the chance to enjoy.

Figure 53: Plant and wildlife destruction caused by road construction
Source: FUNDENIC, 2012.

6.3.5 Ecological Replaceability

Given many species are unique to these ecosystems, it can be said that ecosystem ecological replaceability
is very low. If ecosystem integrity, together with unique species invaluable to humankind, were to
disappear a highly irreplaceable loss would be incurred because original biodiversity, not only from the

region but also from the planet, could not be restored or extinct populations recovered.

6.3.6 Impacts on the Caribbean Sea

It must be kept in mind that all sediments and pollutants poured into the San Juan River will be transported
to the Caribbean Sea, where they will severely affect fishing productivity, which provides a livelihood to

thousands of people from both countries. Such communities as Río Maíz, San Juan de Nicaragua,
Cangrejera, Barra del Colorado, Tortuguero, etc. rely on marine ecosystems for their subsistence.

Therefore, preventing and reducing environmental impacts from sediments and pollutants should be a
priority to both countries in order to secure food and development opportunities for these coastal
communities.

36

75Annex 115

Technical Report

Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

6.4 Environmental Impact Assessment by an Expert Team

Matrices were later processed to count with an assessment criterion where evaluator subjectiv ity was

statistically controlled. Results are shown on Table 9. Relevance matrices with each expert’s assessed
results are shown in Annex 4.

Table 9: Negative Environmental Impact Relevance Matrix during Road Construction, A ccording to Expert
Team Assessment

NEGATIVE IMPACT RELEVANCE MATRIX

STAGE: CONSTRUCTION

ENVIRONMENT FACTORS

NORVING RICARDOJOE M.ZOLOTOFF PALLAISNGINEERS Degree of Alteration
MACRHIAAVRAÁTCHCFEEOOBUITRAGO AlteratMaximum Alteration Value

Natural physical factors (sediments,

runoff, land use changes, pollutionM1 62 52 80 70 88 82 82 68 584 800 73
hydrological regime,
geomorphology, air quality)

Ecological factors (connectivity,
scenery, species migration, diversiM2, 92 46 68 70 100 62 72 64 574 800 72

abundance, ecosystems)

Social and economic factors
(navigation, fishing, trade, tourisM3 72 32 72 70 92 51 72 50 511 800 64
cost of opportunity)

Mean Relevance Value 70

Typical Dispersion 16
Discrimination Range 86 54

Alteration Value 226 130 220 210 280 195 226 182 1669

Maximum Alteration Value 300 300 300 300 300 300 300 300 2400

Degree of Alteration 75 43 73 70 93 65 75 61 70

According to assessment procedure, the minimum value was 13 and the maximum 100. The resulting 70

average was deemed as having a severe impact relevance. In statistical processing of values assessed by

experts, only 4 out of 24 probable values were lower than average minus one standard deviation, and 4
were above the mean value plus one standard deviation, which means 16 values (67%) fell within average

value (a good criteria matching level).

A similar assessment was subsequently made by exp erts for a later stage where impacts from road

operations were considered (Table 10).

37

76 Annex 115

Technical Report

Environmental Impact Assessment on “Construction of 120 kmroad on
the San Juan de Nicaragua River’s right bank”

Table 10: Negative Environmental Impact Relevance Matrix during Road Operation , According to Expert

Team Assessment

NEGATIVE IMPACT RELEVANCE MATRIX

STAGE: OPERATING

EÑO
ENVIRONMENT FACTORS

MACRHIAAVRÁNTCHCFEEAZDBIO BUITRAGOARDOJOE M.ZOLOTOFF PALLAISNAlteratMaximum Alteration Valuetion

Natural physical factors (sediments,
runoff, land use changes, pollutionM1 41 50 58 70 98 96 82 68 563 800 70
hydrological regime,
geomorphology, air quality)

Ecological factors (connectivity,
scenery, species migration, diversiM2, 68 46 76 70 100 96 72 64 592 800 74

abundance, ecosystems)

Social and economic factors
(navigation, fishing, trade, tourisM3 53 32 52 70 98 93 72 50 520 800 65
cost of opportunity)

Mean Relevance Value 70

Typical Dispersion 20
Discrimination Range 90 50

Alteration Value 162 128 186 210 296 285 226 182 1675

Maximum Alteration Value 300 300 300 300 300 300 300 300 2400

Degree of Alteration 54 43 62 70 99 95 75 61 70

For the operational stage the average was 70, which is deemed to have a severe impact relevance (the

same as the value for the construction stage). In statistical processing of values a ssessed by experts, only 4
out of 24 probable values were lower than average minus one standard deviation, and 7 values were above

the mean value plus one standard deviation, which indicates a higher value scattering. In this case, 7 values

(29%) granted a higher relevance to impact severity during the operational stage , while 54% thought
impact at this stage were severe. Matching level was lower.

Both cases indicate expert teams from various disciplines unanimously assessed environmental impacts
caused by road construction as severe.

7. EXPERT ASSESSMENT CONCLUSIONS ON DAMAGES CAUSED BY ROAD CONSTRUCTION

1. Historically, Costa Rica has performed actions on the basin that are not compatible with
ecosystem capability, leading to irreversible environmental damages on the San Juan River that

range from water quality damage, river flow diversion, and biodiversity damages, among others.

2. Road construction without an adequate design, planning, and observance of technical

regulations has increased environmen tal impact severity and damages, directly affecting San

Juan River navigability, as well as connectivity of ecosystems making up the Meso -American
Biological Corridor and protected areas in both countries.

38

77Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

3. Identified negative environmental impacts from road construction were assessed by experts as

severe, and many of them asirreversible, in an area with high environmental sensitivity.

4. Negative environmental impacts expected to arise from road -induced accessibility will

irreversibly damage the I ndio-Maíz Biological Reserve, San Juan River water quality, aquatic
wildlife, river navigability due to silting, as well as the Meso-American Biological Corridor, and
consequently the region’s protected area system.

5. The road poses hazards to river nav igability and flow rate maintenance due to unstable slope
cuts that will increase the amount of sediments and decrease water quality.

6. In view of the historical erosion -transport-sedimentation process in the San Juan River channel
caused by Costa Rica n rivers and now accelerated by road construction, there is a chance the

channel will entirely silt up in the medium term, preventing navigation and aquatic wildlife
passage, and leaving the town of San Juan de Nicaragua in isolation. A direct consequence will be
the loss of a defined borderline between Nicaragua and Costa Rica.

8. RECOMMENDATIONS FOR ENVIRONMENTAL COMMITMENTS AND MITIGATION MEASURES IN VIEW
OF DAMAGES CAUSED BY ROAD CONSTRUCTION

1. Since the road was not planned, lacks an Environmental Impact Assessment, exhibits an irregular
layout in an area with high environmental fragility and heavy precipitation, and hugs the San

Juan River banks tightly, it should be disabled and the environment around road layout should be
restored to its baseline conditions, together with a surveillance and monitoring program.

2. Undertaking immediate reforestation on the right banks of the San Juan River at least over a 500-
meter strip.

3. Costa Rica should stop impairing its internationally important wetlands declared as Ramsar sites
located on Costa Rican territory adjoining the San Juan River.

4. Promoting a negotiation process between the governments of Nicaragua and Costa Rica tending
to keep good border relationships between both countries.

5. We sugg est both countries should secure the means required for reactivating conservation
efforts related to natural resources in the San Juan River sub-basin, given their high vulnerability.

6. Both governments should develop a climate change adaptation strategy , given anticipated
threats to the region in different future scenarios, on account of the area’s very high
precipitation and temperature pattern.

7. It is extremely important the governments of Nicaragua and Costa Rica jointly complete the
laying of agreed-upon milestones along the border, thus putting an end to disputes and conflicts
between both countries.

8. While the San Juan River is not currently being dredged, Nicaragua sees a stronger need for
seriously dredging the river channel in the short term, beginning with a first stretch at the point

where the road under construction starts to run parallel to the river and continuing downstream
to the Colorado branching. This is in line with the above conclusion, and in view of an uncertain

39

78 Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

climate chan ge affecting rainfall frequency and consequently decreasing surface runoff that
feeds the river, as well as an accelerated island formation process along the river.

9. With renewed intensity, Nicaragua should continue performing dredging operations on the
second stretch of the San Juan River, going from the Colorado branching to the San Juan de

Nicaragua lagoon, in order to abate the erosion -transport-sedimentation process exacerbated by
the road being built along the river. If Nicaragua does not speed up, deepens, and improves the
dredging system, the river will most likely cease to flow on this stretch within ten years
(depending on climate change), and as a result Costa Ricans will achieve their cherished

aspiration to seize that area of Nicaraguan territory.

The technical document ends here.

Dr. Jaime Incer Barquero Dr. José Antonio Milán Pérez

Raquel Chavarría Sacasa, MSc Fabio Buitrago, MSc

Dr. Ricardo Rueda Jacinto Cedeño, BS

Augusto Flores, MSc Dr. Jorge Gallo

Milton G. Camacho Bonilla, BS José Manuel Zolotoff, MSc

Dr. Salvador Montenegro Kamilo Lara, MSc

Edgard Castañeda, MSc

40

79Annex 115

Technical Report
Environmental Impact Assessment on “Construction of 120 kmroad on

the San Juan de Nicaragua River’s right bank”

9. BIBLIOGRAPHICAL REFERENCES

AGUILO, ALONSO, ET. AL. 1995. Guías para la elaboración de estudios del medio físico (conte nido y
metodología). Ministerio Obras Públicas, Transporte y Medio Ambiente. (MOPT), Spain.

ARNOLD, J.G., R. SRINIVASAN, R.S. MUTTIAH, AND J.R. WILLIAMS. 1998. Large area hydrologic modeling and

assessment, Part I: Model development. Journal of the American Water Resources Association, 34(1), pp.73-
89.

ASTORGA, Y. 2007. Decimotercer informe del Estado de la Nación Costa Rica en desarrollo humano

sostenible Informe, Costa Rica

CIRA/UNAN. 2009. Recursos Hídricos de Nicaragua una visión Estratégica. Presenta tion to th e Fourth
Meeting of Inter-American Science Academy Network’s Water Program,Nicaragua

CIRA/UNAN.2008 - Informe técnico, análisis de la relación entre las presiones antropogenicas y el estado de
la contaminación del lago Cocibolca de Nicaragua, Nicaragua.

DIARIO EL 19 DIGITAL. Photos. Nicaragua

EL NUEVO DIARIO. 2011. December20. Opinion article, MSc. Mayra Blandino, Nicaragua.

FUNDAR. 2005. Plan de Manejo Reserva Biológica Indio Maíz. 2005 – 2010 Period.

MARTÍNEZ, W; LAÍNEZ, C. 2012. Caracterización geo lógica ambiental del río San Juan , Technical Report,
Nicaragua.

MILÁN, J.A. 2004. Manual de estudios ambientales para la planificación y los proyectos de desarrollo, UNI,
Managua, Nicaragua.

MINAE. 2004. Estrategia para el Control de la Tala Ilegal. Minis terio de Medio Ambiente y Energía de Costa

Rica

OSPESCA, 2006. Caracterización del Cuadrante Suroeste del Lago Cocibolca con Énfasis en laPesca y la
Acuicultura, October 2005, March 2006. Proyecto ―Plan Regional de Pesca y Acuicultura Continental. –

PREPAC (OSPESCA / TAIWAN / OIRSA). Organización del Sector Pesquero y Acuícola del Istmo
Centroamericano, Central American Integration System, SICA.

PROCUENCA. 2004. Diagnóstico ambiental transfronterizo PROCUENCA, Río San Juan. Financ ed by the

Organization of American States.

PROGRAMA ESTADO DE LA NACION.2009. Quinceavo informe del Estado de la Nación. Informe, Costa Rica.

RODRÍGUEZ, F.; BLANDINO, M. 2011. Informe de valoración en el sitio, Nicaragua.

SIECA.USAID. 2002, Manual Centroamericano de Carreteras. San Salvador, El Salvador

SITIO WEB: http://www.bibliojuridica.org/libros/1/364/14.pdf

STEHR A., P. DEBELS, F. ROMERO, AND H. ALCALAGA. 2008. Hydrological modelling with SWAT under

conditions of limited data availability: Evaluation of results from a Chilean case study. Journal des Sciences
Hydrologiques, 53(3), pp.588-600.

41

80 Annex 116

Costa Rican Environmental Management Plan
for the Rafael Mora Porras Road

April 2012

8182 Annex 116

Government of Costa Ri ac W E A R E B U I L D I N G
A S A F E C O U N T R Y

ENVIRONMENTAL MANAGEMENT

PLAN ▯

Juan Rafael Mora Porras Road▯



Ministry of Environment, Energy, and Telecommunications

National Conservation Area System
Ministry of Public Works and Transportation

National Road Council
National Risk Prevention and Emergency Response Commission

April 20▯2 ▯

83Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

Table of Contents

1. ▯Introduction ........................................................................
............................................▯.... 3

2. ▯Description of Road Construction Project Area ................................................. 4 ▯

3. Impact Assessment ........................................................................
.................................. 7 ▯

3.1. ▯ Methodology.............................................................▯...................................................▯............ 7

3.2. ▯ Environmental Impacts Identified Through Visual Assessment and Expert Criteria .............. 9 ▯
3.2.1.▯ Assessing Impacts on Biodiversity, Ecosystems, and Soils▯................................................▯9▯

3.2.2. Identifying and Assessing Bodies of Water▯...............................................................................▯11▯
3.3 Summarized Impacts and Recommended Environmental Measures.......................................... 19 ▯

3.3.1. WATER RESOURCE▯....................................................................................................................▯19▯
3.3.2 FOREST AND WILDLIFE RESOURCE▯......................................................................................▯21▯

3.3.3 SOIL RESOURCE▯...............................................................................................
...........................▯22▯

3.3.4 AIR RESOURCE▯...............................................................................................
..............................▯23▯

3.3.5 SOLID AND LIQUID WASTE MANAGEMENT▯..........................................................................▯24▯

3.3.6 HISTORICAL AND ARCHAEOLOGICAL HERITAGE▯..............................................................▯26▯
3.3.7 SOCIOECONOMIC RESOURCE.................................................................................................▯26▯

4. ▯References 27 ▯


▯ ▯

2▯ GOVERNMENT▯OF▯COSTA▯RICA▯

84 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

1. Introduction

In response to the emergency declaration issued by the Government of the Republic of

Costa Rica through Executive Decree N° 36440-MS, declaring the counties of La Cruz,

Upala, Los Chiles, Sarapiquí, San Carlos, and Pococí along the bor
der with Nicaragua in a

“State of Emergency” in face of the Nicaraguan Army armed invasion of a portion of Costa
Rican territory, a decision was made to build a road near the border zone in order to

expedite national defense actions, as well as facilitate movements of community members in

the northern border area.

This road infrastructure work, like any other, may have caused some environmental

impacts on Costa Rica’s national territory. Remedial actions are being and will be taken

pursuant to recommendations made by the competent authorities and as par
t of the activities
inherent to the road project, which is still under construction and at a
comprehensive

improvement stage.

The road under construction is a pioneering infrastructure developed as a result of the

special situation warranting its construction. Recent interventions have led to cross-section

profile improvements; it has a rolling surface made up of materials from its own natural bed.

The area traversed by the road includes grazing land, scrubs, and pastures supporting

cattle ranching, farming, and/or communities or villages where animals have been the main

means of transportation, with four-wheel-drive vehicles being used during some periods of

the year. Additionally, secondary or primary forest patches are also found.

Impact assessment is limited to: 1) the project area (PA) encompassing the development

site, the road infrastructure work and the right-of-way (20 meters); and 2) the direct and
indirect influence areas (DIA and IIA), which are the areas that show direct and indirect

impacts on the environmental component dynamics caused by the activities
to be performed.

3▯ GOVERNMENT▯OF▯COSTA▯RICA▯

85Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


This Plan makes an objective technical assessment and proposes recovery and

mitigation actions on the environment where impacts might have occurred. This plan does

not make a legal evaluation of the project rationale, which, as mentione
d above, was driven

by the interest of the Republic of Costa Rica to protect its national territorial sovereignty and
security.

2. Description of the Area of the Road Construction Project

Costa Rica is located between 8° and 11° North latitude, and betwe
en 82° and 85°

West longitude geographical coordinates. Including island areas, the country covers 51,100

km² (50,660 km² on land and 440 km² on water). Together with Belize and El Salvador, it is

one of the smallest republics in Central America. It borders Nicaragua on the north sharing a
border of approximately 309 km, and Panama on the south along approximately 363 km.

The country’s biodiversity includes a herpetofauna consisting of some 360 species

(150 amphibians and 210 reptiles ), approximately 850 bird species (625 nesting and 225

migratory bird species), and almost 205 mammalian species, including bats and non-flying
mammals.

Costa Rica has a valuable energy source in its extensive hydrological network,

comprised of a large number of rivers flowing to both the Caribbean Sea and the Pacific

Ocean. Rivers running to the Caribbean carry a large water volume and are long, navigable,
winding, and likely to overflow during the rainy season. On the other hand, and on account of

mountain ranges being close to the sea, rivers flowing to the Pacific are short, torrential, and

non-navigable.

The project is located in an area that is part of the San Juan River bas
in, specifically

in the Costa Rican sector encompassing northern sub-watershed river basins, which mostly

flow into Lake Nicaragua and cover Los Guatusos plains. The other rivers flow to the San

Juan River running through San Carlos, Santa Clara, and Tortuguero plains and springing

from the Tilarán and Central mountain ranges. The Sapoá and Frío rivers flow into Lake
4▯ GOVERNMENT▯OF▯COSTA▯RICA▯

86 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


Nicaragua. The San Carlos River is the largest and longest navigable river in the northern

sub-watershed and flows to the San Juan River. The Sarapiquí River is navigable in some

stretches and also runs to the San Juan River, as well as the Chirripo River in the northern

sub-watershed. Hydromorphic environments in the form of wetlands are particularly found on

these plains.

The road building project is located in the country’s northern area that includes vast

plains stretching from the Guanacaste mountain range to a place known as the Delta,

relatively close to the Caribbean Sea although not reaching it. This area with elevations

below 500 meters above sea level is known as San Carlos Plains and it has been accessed

through the San Carlos River, a tributary of the San Juan River. To the north lies the county
of San Carlos and the towns of Upala and Los Chiles, very near the Nicaraguan border. The

main two flatlands in this area are San Carlos Plains and Los Guatusos Plains. The

aforementioned road has an extension of approximately 160 km from the Delta, where the

Colorado River branches off from the San Juan River, to the town of Los Chiles.

Costa Rican geological history dates back to the Tertiary Period when the Limón

marine sedimentation took place. Sedimentary processes continued during the Quaternary

Period, coupled with volcanic activity in the Central Mountain Range, to form the Caribbean

alluvial plains. Costa Rica’s Caribbean and northern watershed rivers, particularly the San

Carlos and Sarapiquí, typically carry ashes and sediments originating from these volcanoes
and other natural events, such as earthquakes.

The project area is made up of disturbed land mostly used for extensive cattle

ranching to produce milk and beef and for growing crops in some areas, such as oranges.

Forest plantations and recovering forests can also be found under the “environmental
service payment” system, together with vegetation usually associated with bodies of water

and wetlands in some sectors.

According to an analysis carried out by National Environmental Information

Management Center (CENIGA, for its Spanish acronym) of the Ministry of Environment,

5▯ GOVERNMENT▯OF▯COSTA▯RICA▯

87Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


Energy and Telecommunications (MINAET) in January 2012, using aerial photographs taken

in 2005 and provided by the National Geographic Institute, the area clearly shows impacts

from agriculture.

Aerial▯photograph▯PRCR▯2005▯
Fotografía▯aérea▯PRCR▯2005
Tomado▯de:▯www.snitcr.orgg

San▯Antonio

El▯Jardín
Remolinito

San▯Carlos
Palo▯Seco Isla▯Mendoza▯
(Copalchi)

Trinidad▯
(Boca▯de▯Sarapiquí)

Area▯not▯covered▯by▯aerial▯photo▯aérea
AÁrea▯cubierta▯por▯fotografía▯aérea

MINAETͲCENIGA

Figure N1 Aerial photograph analysis carried out by CENIGA to identify impacts on the northern border

corridor, based on aerial photographs taken in 2005.

As to land relief, the road shows small slope variations and follows a virtually flat terrain. The

road stretch between Delta and the Sarapiquí River is a typical plain with no major streams

or forests along the project area. The road section from the Sarapiquí to the San Carlos

River encounters some forest patches on a slightly more rugged terrain, as well as some

wetlands in both the DIA and the IIA. The San Carlos River–Tiricias–Los Chiles section

exhibits the most rugged terrain with a stronger presence of water bodies compared to the

DIA and the IIA, thus being the area most vulnerable to environmental damage.

6▯ GOVERNMENT▯OF▯COSTA▯RICA▯

88 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

3. Impact Assessment▯

3.1. Methodology

For the purpose of assessing potential environmental impacts caused by road

construction, a team was created with officials from the Ministry of Env
ironment, Energy, and
Telecommunications (MINAET), which according to Article 5 of Forestry Law N° 7575 is the

sector-governing agency responsible for state forest management function
s. In addition,

pursuant to Articles 32 and 83 of Environment Law N° 7554, MINAET is responsible for

managing protected wildlife areas and addressing environmental impacts caused by

production processes.

This commission was made up of officials from the Tortuguero (ACTo), Central

Volcanic Mountain Range (ACCVC), and Arenal-Huetar Norte (ACA-H) Conservation Areas,

as well as the National Environmental Technical Secretariat (SETENA) of MINAET’s
Geology and Mines Directorate). The composition of this team is shown on Annex 1.

In addition to the assessment made by this team, expert staff from the Ministry of

Public Works and Transportation (MOPT) carried out another assessment, the results of

which are included in this plan. A visual assessment was made together w
ith expert criteria.

The road was traveled in its entire length identifying sections to be assessed, depending

on accessibility and weather conditions, due to the fact that the road was still under

construction and some stretches were not yet interconnected. Information
was gathered on
potentially impacted areas, particularly existing wetlands, water bodies, slopes and terrain

cuts. Visits were made to existing mining concessions in the area that have been the source

of road building materials, and observations were also made to identify potential impacts on

wildlife and plants found along the road under construction and its periphery. As an

illustration, the map below shows a preliminary road layout highlighting the assessed road
sections.

7▯ GOVERNMENT▯OF▯COSTA▯RICA▯

89Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

LOCATION OF GRAVEL ROAD IN NORTHERN COSTA RICAN BORDER CORRIDOR

8▯ GOVERNMENT▯OF▯COSTA▯RICA▯

90 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

Digital cameras, GPS, measuring tapes, field notebooks, and other instruments and basic

means were used in the assessment, according to each official’s assessment goal.

3.2. Environmental Impacts Identified Through Visual Assessment
and Expert Criteria

3.2.1. Assessing Impacts on Biodiversity, Ecosystems, and Soils


This assessment was under the responsibility of officials from the National Conservation

Area System (ACAHN, ACCVC, ACTo) of the Geology and Mines Directorate and SETENA.

A. Road Stretch from the Medio Queso River to Boca San Carlos

1. Earthmoving works altering the ecosystem and directly or indirectly affecting water

dynamics.

2. Wetland ecosystems altered by the construction of drainage ditches and dikes in said

areas.

3. Tree removal in some sectors covered by primary and disturbed primary forest, and

partial fragmentation of tropical wet and moist tropical forest.

4. Sediment traps under implementation in rainwater drainage canals.

5. Limited soil conservation works to minimize water and soil impacts.

6. Minor changes in the course of some streams.

7. In the Tiricias area there is a quarry that has been used as a source of raw materials

for the road. There is also the Molina Quarry, mining concession 46 CNE-2011,

9▯ GOVERNMENT▯OF▯COSTA▯RICA▯

91Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


which is currently providing materials. Cuts along the road that could be potential

quarries were also found in the same area.

8. The road was traveled going through the town of Boca San Carlos towards a place

known as El Jardín, where a quarry with mining concession 156 CNE-2011 is found.

9. Along this stretch the road runs parallel to the San Juan River, which is why its distance

from the river should be assessed mostly on account of project integrity
.

B. Road Stretch from the mouth of the Sarapiquí River to La Tigra stream located
in the county of Sarapiquí in the province of Heredia.

1. The road crosses three streams and a palustrine wetland, all of them flowing to Las

Marías stream. Soil alteration signs were observed in these sites. No evidence was

found of cloudy or polluted water, or dead animals (fish or other species).

2. Tree removal along road layout. Affected species include tonka bean, oil
bean, some

wild papaya, hog plum and light virola trees.

3. Silting in palustrine-type wetland mostly covered with grasses (particularly pastures)

with a high degree of farmland and forest-free area impairment. No significant
sediment transport to the San Juan River was found.

4. Forest disturbance along an approximate 75-meter road stretch. Alterations spread

some 15 meters on both sides of the road at the ends of the stretch.

C. Road stretch from La Tigra stream to the area known as Delta Costa Rica

1. Approximately a 3-km long road section was found with trees removed and a
slight

impact on hydrodynamics of two brooks, although both are still flowing to the San

Juan River.

10▯ GOVERNMENT▯OF▯COSTA▯RICA▯

92 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

2. Three mining concessions (quarries) requested under Law 8668 by the Sarapiquí

Municipality and CONAVI were supervised: 44-CNE-2011 (Chirripó River), 45 CNE-

2011 (Puerto Viejo River) and 134 CNE-2011 (Sarapiquí River). No negative mining

impacts were found.

3. Extracted materials have been laid down along road sides and on the road itself in a

10-cm thick and up to 12-m wide bed with hand-made sewers. This road section has

a flat slope and, hence, no terrain cuts were seen.

4. Materials used at these sites come from the above mentioned mining concessions
using a 10-cm thick sub-base, contingent on soil quality, and adding more material at

sites with softer soils.

5. One road section has a canal approximately 1.5-m wide and 2-m deep that could carry

small amounts of sediments from normal erosion of road and drainage canal walls
(pumping) located on both sides of the road.

6. There is evidence this road section was deforested in the past turning the area into

pastures for ranching and small-scale agriculture.

7. Road construction machinery is currently traveling between both concession 44 CNE-

2011 and Concession 157-92, granted to the El Indio Peasant Settlement Integral

Development Association, and the road intersecting the road under construction at a

site known as Fátima. Due to an absence of nearby gravel sources this 100-kilometer-

plus trip has to be made.

3.2.2. Identifying and Assessing Bodies of Water

This activity was performed by MINAET’s Water Directorate.

11▯ GOVERNMENT▯OF▯COSTA▯RICA▯

93Annex 116

Juan Rafael Mora Porras Road - Environmental Managemen▯ Plan

A. Approximately 24-km long “Los Chiles Sector” Road Stretch from Medio Queso

River Plains to approximately 3 kilometers before the mouth of the Pocos
ol

River.

The bodies of water that were identified and assessed are listed below:

Source Source Coordinates CRTMOS Natural Natural Source
Canal
Number Type Latitude/Longitude Latitude/Longitude Channel Depression Criterion

River 334341/461138 Permanent
1 X
1219941,14 424719,23 channel
Canal 338448/464070 Not a
2 X
1224044,76 427655,89 channel

Natural 337764/465556 X Not a
3
depression 1223359,02 429141,00 channel

River 337157/466590 Permanent
4 X
1222750,80 430174,23 channel

Natural 336861/467124 X Not a
5 1222454,17 430707,84
depression channel
River 336179/473657 Permanent
6 X
1221764,57 437239,61 channel

Stream 335489/474031 Permanent
7 X
1221074,14 437612,78 channel

8 Stream 335151/472215 1220738,24 435796,52 X Channel

Stream 334383/475121 Permanent
9 X
1219966,88 438701,43 channel

10 Stream 333855/467317 X Permanent
1219447,91 430897,33 channel

Stream 333730/476619 Permanent
11 X
1219312,16 440198,57 channel

Stream 333508/477186 Permanent
12 X
1219089,51 440765,27 channel

Stream 333094/478171 Not a
13 X
1218674,39 441749,73 channel

12▯ GOVERNMENT▯OF▯COSTA▯RICA▯

94 Annex 116

Juan Rafael Mora Porras Road - Environmental Managemen▯ Plan

Natural 333041/478318 X Not a
14
depression 1218621,21 441896,65 channel

15 Stream 332/861/478755 1218620,71 442333,63 X Channel
Channel 332783/478930 Not a
16 X
1218362,52 442508,32 channel

Channel 332620/479323 Not a
17 X
1218199,07 442901,10 channel

Channel 332444/479735 Not a
18 X
1218022,59 443312,87 channel

19 Stream 332287/480125 1217865,15 443702,66 X Channel

Natural X Not a
20 depression 332149/480462 1217726,76 444039,48 channel

21 Stream 331956/480901 1217533,27 444478,22 X Channel

Permanent
22 Stream 331932/480970 1217509,19 444547,19 X
channel

Permanent
23 Stream 331756/481422 1217332,68 444998,95 X
channel

24 Stream 331628/481741 1217204,31 445317,79 X Channel

Permanent
25 Stream 331450/482150 1217025,85 445726,55 X channel

Natural X Not a
26 331275/482564 1216850,38 446140,32
depression channel

Natural 330878/483223 X Not a
27
depression 1216452,63 446798,81 channel

Natural 330674/483421 X Not a
28
depression 1216248,41 446996,57 channel

29 Natural X Not a
depression 330048/483995 1215621,76 447569,82 channel

Total 1219941,14 424719,23 17 4 8

B. “Pocosol Sector” road stretch, approximately 4.6-km long, from the area next to

Marker 5 to 1 km before Marker 3.

13▯ GOVERNMENT▯OF▯COSTA▯RICA▯

95Annex 116

Juan Rafael Mora Porras Road - Environmental Management P▯an

The bodies of water identified and assessed are listed below:

Source Source Coordinates CRTMOS Natural Natural Source
Canal
Number Type Latitude/Longitude Latitude/Longitude▯ Channel Depression Criterion

Permanent
1 River 326096/490429 1211662,55 453998,86 x
channel
Permanent
2 River 326581/490915 1212147,01 454485,36 x
channel

Permanent
3 Stream 326821/491163 1212386,72 454733,61 x
channel

Permanent
4 Stream 327715/492039 1213279,73 455610,54 x
channel

Permanent
5 Stream 327906/492212 1213470,53 455783,74 x
channel
Permanent
6 Stream 328100/492414 1213664,31 455985,94 x
channel

Permanent
7 Stream 328238/492696 1213802,00 456268,06 x
channel

Natural Not a
8 328335/493427 1213898,17 456999,11 x
depression channel

Natural Not a
9 depression 328367/493868 1213929,68 457440,11 x channel

Total ▯ ▯ 7 2

14▯ GOVERNMENT▯OF▯COSTA▯RICA▯

96 Annex 116

Juan Rafael Mora Porras Road - Environmental Management ▯lan

C. “Boca San Carlos Sector” road stretch, approximately 7.3-km long, from Boca San

Carlos to Estrecho Machado.

The bodies of water identified and assessed are listed below:

Source Source Coordinates CRTMOS Natural Natural Source
Canal
Number Type Latitude/Longitude Latitude/Longitude▯ Channel Depression Criterion

Permanent Permanent
1 307449/516231 1192987,47 479778,36 x
channel channel
Permanent
2 Stream 307287/516991 1192824,65 480538,12 X
channel

Permanent
3 Stream 307247/517478 1192784,13 481025,04 x
channel

Permanent
4 Stream 307252/517732 1192788,86 481279,03 x
channel

Permanent
5 Stream 307216/518579 1192751,95 482125,92 x
channel
Permanent
6 Stream 307258/519108 1192793,38 482654,92 x
channel

Permanent
7 Stream 307258/519473 1192792,99 483019,89 x
channel

Permanent
8 Stream 307234/519716 1192768,73 483262,85 x
channel

Permanent
9 Stream 307383/520497 1192916,89 484043,94 x
channel
Permanent
10 Stream 307054/521685 1192586,63 485231,49 x
channel

Total 10

15▯ GOVERNMENT▯OF▯COSTA▯RICA▯

97Annex 116

Juan Rafael Mora Porras Road - Environmental Management Pl▯n

D. Road Stretch parallel to the San Juan River from 3 km before the mouth of Caño

La Tigra River to 100 m downstream from the Colorado River branch-off.

The bodies of water identified and assessed are listed below:

Source Source Coordinates CRTMOS Natural Natural Source
Canal
Number Type Latitude/Longitude Latitude/Longitude Channel Depression Criterion

Permanent
1 Stream 305268/563047 1190757,13 526588,22 x
channel

Not a
2 Channel 305159/561358 1190649,88 524899,23 x
channel
Not a
3 Channel 305170/558753 1190663,58 522294,45 x
channel

Permanent
4 River 299664/549925 1185166,82 513461,38 x
channel

Total 2 2

16▯ GOVERNMENT▯OF▯COSTA▯RICA▯

98 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Pl▯n

E. Road stretch approximately 10-km long parallel to the San Juan River from

Marker 2 to approximately 1 km before the mouth of the Infiernito River.

The bodies of water identified and assessed are listed below:

Source Coordinates CRTMOS Man- Natural Source
Source Natural
Type Latitude/Longitude Latitude/Longitude▯ Made Depression Criterion
Number Channel
Drainage

Permanent
1 Laguna 325147/498710 1210704,35 462278,11 x channel

Natural Not a
2 325141/498889 1210698,15 462457,08 x
depression channel

Artificial Not a
3 325089/499218 1210645,79 462786,00 x
drainage channel

Artificial Not a
4 324825/499482 1210381,50 463049,68 x
drainage channel

5 Stream 324226/499556 1209782,43 463123,02 x Permanent
channel

Natural Not a
6 324111/499567 1209667,42 463133,89 x
depression channel

Artificial Not a
7 323862/499646 1209418,33 463212,60 x
drainage channel

Permanent
8 Stream 323553/499777 1209109,19 463343,26 x
channel

9 Artificial 323167/499979 917923,29 463262,23 x Not a
drainage channel

Natural Not a
10 323084/500106 1208639,84 463671,71 x
depression channel

Permanent
11 Stream 322866/500257 1208421,68 463822,45 x
channel

Artificial Not a
12 322614/500455 1208169,46 464020,16 x
drainage channel

17▯ GOVERNMENT▯OF▯COSTA▯RICA▯

99Annex 116

Juan Rafael Mora Porras Road - Environmental Management Pla▯

Natural Not a
13 322062/500658 1207617,24 464222,54 x
depression channel

14 Artificial 321971/500786 1207526,10 464350,43 x Not a
drainage channel

Artificial Not a
15 321845/500885 1207400,00 464449,27 x
drainage channel

Artificial Not a
16 325341/498058 1210899,07 461626,38 x
drainage channel

Permanent
17 River 325981/497649 1211539,51 461218,13 x
channel

18 Natural 326179/497810 1211737,33 461379,33 x Not a
depression channel

Permanent
19 Stream 328501/498470 1214058,55 462041,85 x
channel

Artificial Not a
20 328724/498348 1214281,68 461920,11 x
drainage channel

Natural Not a
21 329175/498079 1214732,98 461651,63 x
depression channel
Artificial Not a
22 329364/497913 1214922,15 461485,86 x
drainage channel

Artificial Not a
23 329484/497808 1215042,28 461381,00 x
drainage channel

Natural Not a
24 329628/497751 1215186,33 461324,17 x
depression channel

Permanent
25 Stream 329831/497435 1215389,68 461008,42 x
channel
Total 7 11 7

A total of 43 creeks, 17 natural depressions, 11 man-made drainages, and 6 canals were

identified in all inspected road stretches.

18▯ GOVERNMENT▯OF▯COSTA▯RICA▯

100 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

3.3 Summarized Impacts and Recommended Environmental Measures

3.3.1. WATER RESOURCE

▯ ▯

IDENTIFIED ENVIRONMENTAL IMPACTS

1. Local impact from moderate sedimentation in waterbodies as a result of surface runoff

during construction processes.

2. Small pollution foci in some bodies of water due to carried solid (exca
vated materials

and others) and liquid waste from construction processes, such as lubricants and
hydrocarbons.

3. Removed and altered vegetation cover, mainly in already disturbed sectors.

4. Early-stage decrease in hydraulic capacity on account of sediments clogging

waterbodies, some of them unimportant.

5. No sediment deposition was observed in the San Juan River, although small amounts
of sediments may be carried by rain or some streams flowing into the river within this

ecosystem normal dynamics.

PROPOSED AND ONGOING ENVIRONMENTAL MEASURES

1. Building road cross-cutting drainages through the Medio Queso wetland to partially

restore natural flow and direction of water running parallel to both banks of the Medio

Queso River.

2. Plantations with native local species should be established to protect river and brook

banks, particularly in areas without any forest cover, on the entire land strip between
the road and the San Juan River.

3. Hydrological studies should be made for all water crossings to determine design flow

rates in order to identify required hydraulic works capacities.

4. To the extent possible, keeping natural waterbody hydraulic sections at the time of

hydraulic works installation and providing inlet and outlet structures to facilitate
channel flow transition to and from the structure to be installed.

19▯ GOVERNMENT▯OF▯COSTA▯RICA▯

101Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


5. For crossings over some brooks, a channel maintenance plan should be developed

(channel cleaning to remove accumulated sediments).

6. Establishing fully-equipped weather and hydrological stations. The Weather Institute

and Electricity Institute should be involved in the decision-making process for
evaluating sites and determining the required station type.

7. Protecting the natural vegetation cover existing between road layout, bridges, or

drainage structures and bodies of water.

8. Installing sediment traps in some of the identified sites to prevent sediments from

leaving work areas and reaching nearby bodies of water. Traps may be built with

metal structures and geotextiles or other filtering media. (See Annex on the
recommended waterbody works matrix).

9. Establishing slope-foot protective gutters draining towards sediment traps.

10.Areas for materials disposal should be far enough from bodies of water t
o make sure

flood water level will never be above the lowest level of disposed materials.

11.Dumping excavated or cut materials downhill into rivers and brooks is prohibited.
12.Care should be taken when working on national rivers or river banks to make sure no

oil or fuel leaks may reach bodies of water.

13.Machinery washing and maintenance tasks in streams will be prohibited.

14.Designating and preparing a construction waste and debris disposal site. All organic

waste materials from clear-cutting or site preparation should be piled on the disposal
site away from waterbodies to be finally taken to the nearest dump approved for such

purpose.

15.In case worker camps are established, septic tanks may be used to receive regular

sewage water. These tanks should be designed according to soil permeability
characteristics making sure local aquifers will not be affected. Otherwise, sanitary

cabins should be used for regular sewage water.

16.Construction of temporary or permanent hydraulic works should not alter or change a

waterbody natural channel, to the extent possible.

17.Design of the different planned hydraulic works should be respected in order to make
sure all outgoing water drains in the same direction as the incoming stream to thus

prevent slope erosion. (See Annex 2, Recommended Works by Source Type)

20▯ GOVERNMENT▯OF▯COSTA▯RICA▯

102 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯

3.3.2 FOREST AND WILDLIFE RESOURCE

IDENTIFIED ENVIRONMENTAL IMPACTS

1. Removal and alteration of vegetation cover.

2. Use of uprooted tree trunks as crossings over brooks and streams.

3. Increased demand for natural resources, plant and wildlife extraction.

4. Possible wildlife displacement route alteration.

5. Risk of wildlife being run over by vehicle traffic.

PROPOSED ENVIRONMENTAL MEASURES

1. Recover disturbed areas through natural regeneration or reforestation.

2. Build road crossings for animals and installing speed bumps.

3. Install preventive vertical signs to warn about wildlife presence.

4. All staff involved in the project should be required to abide by the ban on wildlife trade,
extraction or hunting, even on holidays, rest days and/or Sundays.

5. Close monitoring by competent authorities (Prevention, Control, and Protection

Brigades) to prevent plant and wildlife extraction and transfer.

6. Gather local volunteer teams (COVIRENAS) that advocate natural resourc
e protection

and provide support to control and protection activities.
7. Construction of bridges over brooks or rivers to deter use of woods from nearby

forests.

21▯ GOVERNMENT▯OF▯COSTA▯RICA▯

103Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


8. On sites where isolated trees were removed to build the road, and if conditions allow it,

native tree species should be planted to replace them.

3.3.3 SOIL RESOURCE

IDENTIFIED ENVIRONMENTAL IMPACTS

1. In some sectors, no soil conservation works were implemented to minimize local
water and soil impacts.

2. Soil structure was modified during the construction process.

3. Potential increase in focused erosion processes.

4. Potential instability in some slopes.

PROPOSED ENVIRONMENTAL MEASURES

1. Placing sediment retaining structures (sediment traps) on gutters.

2. Implementing a drainage system maintenance program to prevent drainage clogging.

3. When surplus material has been laid on the roadside, it should be removed and taken
to previously established sites designated for this purpose.

4. Keeping quarry concessions in force; in case their term expires, a technical closure

study should be carried out. Quarry mining methods should be periodically monitored.

5. Preventing fuel, oil, or chemical spills in general. In addition, water-proofing vulnerable

areas to prevent filtrations into the soil, such as in chemical warehouses and/or fuel
handling sites. Tools should be available to clean up potential spills.

6. Excavations and fills will be made only in the road project area and authorized nearby

areas.

7. Drainages should be installed as soon as possible before placing the fills to prevent

excess moisture and reduce erosion.
8. Non-usable materials, such as organic soil, should be disposed of in spe
cifically

designated sites.

22▯ GOVERNMENT▯OF▯COSTA▯RICA▯

104 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


9. Surplus materials should be removed in coordination with excavation progress to

reduce material runoff.

10.Excavations should remain uncovered the shortest time possible, particularly in

sectors with unconsolidated soils or those requiring drainage or runoff control

systems.

11.Slopes should have safe and stable gradients.
12.In cases where slopes devoid of vegetation are created, complementary slope-

stabilizing measures should be taken, such as low-growing vegetation (vetiver),

banking, gabions, geotextiles or other containment structures.

3.3.4 AIR RESOURCE


IDENTIFIED ENVIRONMENTAL IMPACTS

1. Noise generation that could impact wildlife.

2. Gas and particulate matter emissions to the atmosphere in undetermined volumes.

PROPOSED ENVIRONMENTAL MEASURES

1. Require contractors to use machinery in good operating conditions and with vehicle
technical inspection certificate still in force, in such a way the smallest possible

amounts of gases and particulate matter are emitted during fuel burning.

2. Use machinery that meets sound levels established in current regulations.

3. Regulate speed of dump trucks in work areas and require them to cover dum
p truck

beds with a tarp to prevent materials from falling.

23▯ GOVERNMENT▯OF▯COSTA▯RICA▯

105Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


4. Irrigate periodically depending on wind and solar radiation conditions, in addition to

preventing potential nuisance to third parties (nearby homes, schools,
farmland, and

others).

5. Store fine-grained materials under appropriate conditions to protect them from wind or

rain.

3.3.5 SOLID AND LIQUID WASTE MANAGEMENT

IDENTIFIED ENVIRONMENTAL IMPACTS

1. Risk of potential impacts on wildlife and plants.

2. Risk of potential impacts on bodies of water.

3. Risk of potential impacts on soils.

4. Risk of potential impacts on population centers and others.

5. Risk of potential pollution from liquid waste generation.

PROPOSED ENVIRONMENTAL MEASURES

1. Dump sites for disposing of debris from cuts and clear-cutting and cleaning operations

should be authorized by their owners and by the competent authority, in addition to

meeting relevant guidelines. By and large, they should meet the followin
g conditions:

o Prevent impacts on forest stands or waterbodies.

o Preferably consisting of natural depressions, in such way that they will level off

after filling.

24▯ GOVERNMENT▯OF▯COSTA▯RICA▯

106 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Plan ▯


o Prevent obstruction of watercourses and maintaining minimum setback

regulation, if located near a water body.

o Stable (without evidence of active slide scarring or other significant erosion

processes).

o Prevent impacts on population centers or wetlands.

o Authorized dump sites.

2. In order to minimize required dump size, the project should reuse stony materials

resulting from right-of-way excavations.

3. The requirements established by the Ministry of Health and/or local municipality, as
appropriate, should be met.

4. Normal solid waste generated by staff using temporary facilities and work areas

should be collected at the generation point and disposed of in authorized sites

(municipal dumps, authorized landfills).

5. Where practicable and economically feasible, the following solid waste management

hierarchy should be put into practice: reduction at the source, reuse, recycle, and

disposal.

6. Separate containers should be made available to collect special waste (such as oils

and lubricants). Staff should be trained on how to recognize and sort them, and

specifically authorized disposal means should be used. The use of personal protective

equipment should be mandatory.

7. Solid waste transportation vehicles should be equipped in such way as to prevent

leachate or waste drippings or dispersion along the route. They should also be

frequently washed and sanitized to prevent foul smells.

25▯ GOVERNMENT▯OF▯COSTA▯RICA▯

107Annex 116

Juan Rafael Mora Porras Road - Environmental Management Pl▯n


8. Employee camps or housing areas should have adequate liquid waste management

devices, either septic tanks or sanitary cabins, to meet workers’ needs according to

current regulations (one per 20 workers).

3.3.6 HISTORICAL AND ARCHAEOLOGICAL HERITAGE

IDENTIFIED ENVIRONMENTAL IMPACTS

1. Impacts on potential archaeological discoveries.

PROPOSED MEASURES

National regulations concerning archaeological discoveries should be observed, namely, if
archaeological remains are found during excavations all work in the area should be stopped,

and the Costa Rican National Museum and/or the archaeologist in charge should be

informed at once. Recommendations issued by the Museum or a professional on the matter

should then be followed.

3.3.7 SOCIOECONOMIC RESOURCE

IDENTIFIED ENVIRONMENTAL IMPACTS

1. Increased agricultural and commercial activities, and more human settlements.

PROPOSED ENVIRONMENTAL MEASURES

1. A socioeconomic study should be carried out as soon as possible to identify the

potential impact generated by the road construction. At the same time, i
nformation
should be collected to develop suitable tools to minimize the risk of shantytowns and

26▯ GOVERNMENT▯OF▯COSTA▯RICA▯

108 Annex 116

Juan Rafael Mora Porras Road - Environmental Management Pl▯n


illegally purchased land for building infrastructure that could impact forest areas or

wetlands.

2. A land property study should be carried out within the Costa Rica-Nicarag
ua Corridor

Wildlife Refuge, where buildings exist and agricultural, ranching and other production

activities are being carried out, indicating the existence of some kind of possession
and/or occupation.

3. Work should be carried out with the people living in the site through rural outreach

processes, in order to improve their livelihoods, while instilling among them a sense of

ownership to become involved in site mitigation and restoration actions.

Annex 3 shows a summarized action plan, including the names of the persons in charge and

the terms or deadlines for implementing the main recommended measures.

4. References

1. Ministry of Public Works and Transportation. Sector Planning Unit.
Environmental and Social Management Unit. January 2012. PLAN REMEDIAL DE

MEDIDAS AMBIENTALES DE MITIGACIÓN, PREVENCION Y/O COMPENSACION

POR CONSTRUCCION Y MEJORAMIENTO RUTA PARALELA A LA LINEA

FRONTERIZA COSTA RICA-NICARAGUA.

2. Ministry of Environment, Energy, and Telecommunications. February 2012.
INFORME DE VALORACIÓN AMBIENTAL Y MEDIDAS DE REMEDIACIÓN

CORREDOR FRONTERIZO. Compiled by engineer Alba Iris Ramírez and based on

reports developed by an expert commission from SINAC, the Water Directorate,

SETENA and the Geology and Mines Directorate.

27▯ GOVERNMENT▯OF▯COSTA▯RICA▯

109Annex 116

Annex▯1▯Members▯of▯the▯Institutional▯Commission
COMMISSION

Agency Name▯of▯Official

National▯Conservation▯Areas▯System▯(SINAC),▯Executive▯Secretariat▯(ES) Randall▯Campos
SINAC,▯Huetar▯Norte▯Conservation▯Area▯(ACAHN) Carlos▯Ulate▯R.

SINAC,▯Central▯Volcanic▯Mountain▯Range▯(ACCVC) Jose▯Luis▯Agüero
SINAC,▯Tortuguero▯Conservation▯Area▯(ACTo) Erick▯Herrera▯Quesada
National▯Institute▯of▯Meteorology▯(IMN) Mauricio▯Ortiz▯Monge
Water▯Authority Álvaro▯Porras▯Vega

José▯Joaquín▯Chacón▯
Nancy▯Quesada
Andrea▯Barrantes▯
Luis▯Alberto▯Chavarría,▯

Geology▯and▯Mines▯Directorate Esteban▯Bonilla▯y▯Alberto▯
Vazques▯
National▯Environmental▯Technical▯Secretariat▯(SETENA) Manuel▯Céspedes▯
Carlos▯Camacho▯

Ministry▯of▯Public▯Works▯and▯Transportation▯(MOPT) Giselle▯Alfaro▯

110 Annex 116

ANNEX▯2,▯RECOMMENDED▯WORKS▯BY▯TYPE▯OF▯SOURCE
Location

Source Recommended▯Works Priority
Latitude Longitude

1 325.147 498.710 Drain▯overpath,▯sediment▯traps

Report▯ATͲ0102Ͳ2012,▯
Drain▯▯crossing▯or▯bridge,▯sediment▯traps,▯
from▯marker▯1,▯latitude▯ 5 324.226 499.556
coordinate:▯330.447▯and▯ entrance▯and▯exit▯structures
longitude▯coordinate:▯ 8 323.553 499.777 Drain▯crossing▯or▯bridge,▯sediment▯traps,▯
entrance▯and▯exit▯structures
496.953▯to▯approximately▯
1▯km▯before▯the▯mouth▯of▯ Drain▯crossing▯or▯bridge,▯sediment▯traps,▯
the▯Infiernito▯River,▯ 11 322.866 500.257 entrance▯and▯exit▯structures,▯energy▯dissipator.▯

latitude▯coordinate:▯
321.635▯and▯longitude▯ 17 325.981 497.649 Bridge,▯sediment▯traps
coordinate:▯501.461
19 328.501 498.470 Drain▯crossing,▯sediment▯traps

25 329.831 497.435 Drain▯crossing▯or▯bridge,▯sediment▯traps,▯
entrance▯and▯exit▯structures
Should▯be▯analyzed▯with▯the▯respective▯SINAC▯
1 334.341 461.138 since▯the▯area▯under▯study▯corresponds▯to▯

wetlands▯▯
drain▯overpass▯or▯bridge,▯energy▯dissipators,▯
4 337.157 466.590 sediment▯traps

6 336.179 473.657 Bridge,▯sediment▯traps

7 335.489 474.031 Drain▯crossing,▯sediment▯traps
8 335.151 472.215 Drain▯crossing,▯sediment▯traps

9 334.383 475.121 Drain▯crossing,▯sediment▯traps

10 ANNEX▯2,▯RECOMMENDED▯WORKS▯BY▯TYPE▯OF▯SOURCE Drain▯crossing,▯sediment▯traps

11 333.730 Location476.619 Drain▯crossing,▯sediment▯traps
So12ce 333.508 477.186 Drain▯crossing,▯sediment▯traps Priority
Latitude Longitude
13 333.094 478.171 Drain▯crossing,▯sediment▯traps

15 332.861 478.755 Drain▯crossing,▯sediment▯traps
19 332.287 480.125 Drain▯crossing,▯sediment▯traps

21 331.956 480.901 Drain▯crossing,▯sediment▯traps

22 331.932 480.97 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

Report▯DAͲ0173Ͳ2012,▯ 23 331.756 481.422 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

from▯the▯plains▯of▯the▯ 24 331.628 481.741 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators
Medio▯Queso▯River,▯
latitude▯coordinate:▯
25 331.45 482.15 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators
334.543▯and▯longitude▯
coordinate:▯460.560▯up▯to▯ 1 326.096 490.429 Drain▯crossing▯or▯bridge,▯sediment▯traps
Estrecho▯Machado,▯ 2 326.581 490.915 Drain▯crossing▯or▯bridge,▯sediment▯traps
latitude▯coordinate:▯
3 326.821 491.163 Drain▯crossing,▯sediment▯traps,▯energy▯dissipator
307054▯and▯longitude▯
coordinate:▯521685 4 327.715 492.039 Drain▯crossing,▯sediment▯trap

5 327.906 492.212 Drain▯crossing,▯sediment▯trap

6 328.1 492.414 Drain▯crossing,▯sediment▯trap

7 328.238 492.696 Drain▯crossing▯or▯bridge,▯sediment▯traps▯

1 307.449 516.231 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

2 307.287 516.991 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

3 307.247 517.478 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

4 307.252 517.732 Drain▯crossing,▯sediment▯traps

5 307.216 518.579 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

111Annex 116

ANNEX▯2,▯RECOMMENDED▯WORKS▯BY▯TYPE▯OF▯SOURCE

Location
Source Recommended▯Works Priority
Latitude Longitude

6 307.258 519.108 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

7 307.258 519.473 Drain▯crossing,▯sediment▯traps

8 307.234 519.716 Drain▯crossing,▯sediment▯traps

9 307.383 520.497 Drain▯crossing,▯sediment▯traps

10 307.054 521.685 Drain▯crossing,▯sediment▯traps,▯energy▯dissipators

It▯is▯not▯recommended▯to▯build▯hydraulic▯works▯(▯

bridges,▯canals)▯that▯give▯access▯to▯the▯zone▯
1 305.268 563.047 located▯southeast▯of▯the▯right▯bank▯of▯the▯
Colorado▯River▯because▯such▯works▯correspond▯
Report▯DAͲ0171Ͳ2012,▯
to▯wetland▯areas.
from▯3▯kms▯before▯the▯
mouth▯of▯the▯Caño▯La▯

Tigra▯River,▯latitude▯
coordinate:▯299.441,▯and▯
longitude▯coordinate:▯

546.835,▯up▯to▯100▯meters▯
downstream▯from▯the▯

headwaters▯of▯the▯ Bridge,▯entrance▯and▯exit▯structures,▯sediment▯
Colorado▯River▯at▯latitude▯ 4 299.664 549.925 traps
coordinate:▯305.268,▯and▯

longitude▯coordinate:▯
563.047
ANNEX▯2,▯RECOMMENDED▯WORKS▯BY▯TYPE▯OF▯SOURCE

Location
Source Recommended▯Works Priority
Latitude Longitude

1.▯This▯will▯be▯conditioned▯by▯current▯hydraulic▯and▯hydrological▯characteristics▯for▯which▯no▯information▯is▯available,▯so▯hydrological▯and▯hydraulic▯studies▯to▯perform▯should▯consider▯
installing▯structures,▯such▯as▯energy▯dissipators,▯which▯could▯cause▯erosion▯according▯to▯the▯works▯to▯perform.▯
2.▯This▯reommendation▯is▯based▯on▯field▯observations,▯flow▯of▯source,▯observed▯sedimentation,▯observed▯topography.
3.▯The▯number▯of▯drain▯crossings▯will▯depend▯on▯the▯design.▯▯▯▯▯▯▯▯▯▯▯▯

4.▯With▯respect▯to▯sediment▯traps,▯the▯installation▯of▯at▯least▯one▯is▯recommended.▯▯
5.▯Green,▯yellow▯and▯red▯priorities▯are▯based▯on▯the▯risk▯that▯sediments▯could▯be▯transported▯by▯the▯channels▯located▯on▯Costa▯Rican▯soil▯to▯the▯San▯Juan▯River▯channel▯due▯to▯its▯
proximity▯and▯to▯the▯exposure▯of▯sediments▯in▯the▯channels▯and▯on▯the▯road.▯▯
6.▯Sources▯not▯determined▯as▯public▯domain▯are▯not▯being▯considered.▯
7.▯The▯numbering▯of▯sources▯is▯the▯same▯used▯to▯identify▯them▯in▯the▯respective▯reports.▯▯▯▯
Interpretation▯of▯previous▯matrix:▯The▯tables▯are▯divided▯in▯three▯sections,▯depending▯on▯the▯reports▯issued▯by▯this▯Directorate▯(ATͲ0102Ͳ2012,▯DAͲ0173Ͳ2012▯and▯DAͲ0171Ͳ2012).▯

The▯main▯mitigation▯works▯recommended▯are:
Adequate▯drain▯crossings▯or▯bridges▯according▯to▯the▯hydraulic▯and▯▯characteristics▯of▯the▯site,▯endeavoring▯to▯maintain▯hydraulic▯sections▯of▯sources,▯in▯order▯to▯reduce▯
downstream▯and▯upstream▯impact▯by▯the▯structures▯to▯implement,▯preventing▯any▯impact▯resulting▯from▯water▯and▯debris▯accummulation▯that▯could▯cause▯flooding▯in▯the▯zone▯due▯to▯
overflowing▯on▯both▯sides▯of▯the▯banks▯during▯high▯precipitation▯periods.▯
The▯entrance▯and▯exit▯works▯seek▯to▯facilitate▯drainage▯of▯water▯flowing▯from▯the▯channel▯to▯the▯structure▯to▯install,▯or▯vice▯versa,▯thus▯reducing▯the▯impact▯resulting▯from▯erosion▯in▯

transition▯sections.▯▯
Energy▯dissipators▯seek▯to▯mitigate▯the▯impact▯by▯reducing▯speed▯of▯the▯flow▯that▯could▯be▯erosive.▯This▯permits▯to▯minimize▯transportation▯of▯sediments▯from▯the▯channels▯to▯the▯San▯
Juan▯River,▯for▯which▯sediment▯trae▯been▯recommended.▯▯▯

112 Annex 116

17

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856
Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or

Impact considerations
Transversal road crossings within the CONAVI, Water Second quarter of

Medio Queso River wetlands. Directorate and ACHN 2012

1. Areas within the Medio
Queso River wetlands are
Second quarter of
affected by the road 2013
construction.
Conduct study to determine current

characteristics of superficial hydric system, Water Directorate with
including wetlands, in order to identify support from Superior

potential impacts on the hydric system in Education Institutions
the intervened area that are not yet visible.

2. Drainage canals and dikes Analyze conditions of the affected Executive Secretariat A recovery plan should be

in wetland areasare altering wetlands, assess degree of damage and and ACHN, SINAC established for the affected
the ecosystem. propose recovery measures. Second quarter of wetlands.

2012

Transversal slopes in sites where land
cuts are more than 3 meters high to avoid CONAVI Second quarter of
2012
landslides.

3. Earth movements directly Place mesh over slopes to avoid Seed suppliers should be
or indirectly affect hydric landslides and plant vetiver grass on the CONAVI, SINAC Third quarter of
resources. 2012
side of the slope. sought to plant Vetiver grass.
This activity should be
In the event surplus material has been
deposited on the side of the road, it should Second quarter of executed as the road
CONAVI construction advances.
be removed and transferred to sites 2012
previously established for this purpose.

113Annex 116

27

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856
Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or

Impact considerations
Map the affected areas.
Identification of sites where the forest was Third and fourth
eliminated and fragmented. SINAC quarter of 2012

Identify potential sites and
responsible institutions in the

zone where trees can be
Plant native trees (Almond, Chilamate, produced (schools, tele-

Ceibo, Titor, Javillo and Sotacaballo) to SINAC Second quarter of secondary schools,
4. Elimination of primary replace the trees that were eliminated by 2012 agricultural centers, women

forest and intervened forest the road construction. groups), which could be
and fragmentation of humid planted in agro-forestry,
and very humid tropical forest grazing and

forest. windbreaker systems.

Identify affected farm owners
Implement payment of environmental Third quarter of and establish priorities
services in those farms that comply with all SINAC
2012 (economic condition and size
requirements established for this purpose. of the affected area).

From Medio Queso River Monitor the proposed activities. Third quarter of
SINAC
(Latitude: 334.543 and 2012
Longitude: 460.560) up to Boca Sediment traps with rainwater speed
San Carlos (Latitude: 307430
reducers should be built in those sites
and Longitude: 515029). 5. Stormwater canals without where sediments accumulate in the stream CONAVI Second to fourth
sediment traps . quarter of 2012
crossing canals and subsequently should
be cleaned.

In view that farms have

already been established in
the Border Corridor, it is

Reduce soil loss with conservation works MAG Second to fourth necessary to work on a soil
quarter of 2012 management and

6. Absence of soil conservation program in
coordination with the Ministry
conservations works to of Agriculture and Livestock.
minimize impact on hydric

and edaphic resource. Provide training on soil use and Second to fourth
conservation targeted to farmers in the MAG
quarter of 2012
zone.

114 Annex 116

37

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856
Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or

Impact considerations
Perform engineering and geological
assessment that permits to ensure the Second quarter of
CONAVI
stability and permanence of the works 2013
already initiated.

No mitigation measures were
7. Change of stream courses. presented.

This areas should be
Recovery of affected area by planting
protected to prevent ingress
native species that produce colorful flower SINAC First quarter of of animals or machinery into
(Tabebuia chrysantha, tabebuia rosea, 2013
among others). the site, which could damage
the zone under recovery.

These areas should be

First quarter of protected to prevent ingress
Site recovery through natural regeneration. SINAC of animals or machinery to
2013 the site, which could damage

the zone under recovery.

Animal crossing signage and installation of Second quarter of
CONAVI, SINAC
speed reducers. 2012

Surveillance by competent authorities to
SINAC Year-round
prevent wildlife extraction and transfer

9. Wildlife affected by road
construction parallel to the
Form local voluntary groups Train COVIRENAS groups
San Juan River. on technical and legal
(COVIRENAS) engaged in resource SINAC Third quarter of aspects (Wildlife Law,
protection and supporting control and 2012
Forestry and Biodiversity
protection activities. Law, soil conservation)

Perform biological diagnose to identify SINAC with support Take advantage of
environmental fragility (flora and fauna) of from superior First quarter of interagency agreements to
2013
the intervened area. education institutions. carry out this work.

115Annex 116

47

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856
Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or

Impact considerations

Prepare socioeconomic diagnose to SINAC with support Take advantage of existing
identify ponential impact generated by the from superior First quarter of interagency agreements to
10. Increased agricultural, 2013
road construction. education institutions carry out this work.
and commercial activities and
human settlements. CONAVI in
Third quarter of
Prepare the respective archeologicalcoordination with the
studies. National Museum. 2013

SINAC with support
Carry out a study of land tenancy given Third quarter of
from superior
that land use has changed on state lands education institutions.013
where agriculture, livestock and other

productive tasks are performed.
Construction of sediment traps
It is recommended to carry
Second and third
CONAVI out this activity when rain
quarter of 2012 conditions are less intensive.

Rainwater speed reducers
Second and third It is recommended to carry
CONAVI out this activity when rain
quarter of 2012
1. Sediment accummulation conditions are less intensive.
in stream canals.
Cleaning of sediment traps Esta actividad se
Second and third recomienda hacerla cuando
CONAVI
quarter of 2012 las condiciones de lluvia son
menores

Monitoring the proposed activities It is recommended to carry
Second and third
CONAVI quarter of 2012 out this activity when rain
conditions are less intensive.

Build transversal slopes to avoid Second quarter of
CONAVI
landslides 2012
Place mesh over slopes to prevent Third quarter of
CONAVI
landslides. 2012
Collect surplus material deposited on the Second quarter of
CONAVI
side of the road. 2012
Plant vetiver grass on the edge of the Third quarter of
2. Land cuts. slope. CONAVI, SINAC 2012

Monitor the proposed activities. Second and third
SINAC quarter of 2012

116 Annex 116

57

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856
Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or

Impact considerations
Establish measures for good management
of material extraction sites and assess First quarter of
CONAVI
possible closure once the work is 2013
concluded.

Carry out hydrological studies to determine Second quarter of
Water Directorate 2012
the respective design flows in each water
passage, with the objective of establishing

the necessary capacity in the sewer
From the outlet of the 3. Obstruction of stream systems to be installed.
Sarapiquí River to the outlet of
crossings. Install concrete tubes in stream crossings
the Caño La Tigra River in the three identified points. Second quarter of
located in the Sarapiquí canton CONAVI 2012

in the Province of Heredia.
Clean stream canals to eliminate
sediments. Second quarter of
CONAVI 2012

Monitor the proposed activities. Second quarter of
Water Directorate 2012

Plant native trees (Almond, Chilamate, Identify potential sites and
Ceibo, Titor, Javillo and Sotacaballo) to
responsible institutions in the
replace trees eliminated by the road zone where trees can be
construction.
produced (schools, tele-
Second quarter of secondary schools,
SINAC
4. Uprooting or felling of 2012 agricultural centers, women
trees. groups). Trees could be
plaed in agro-forestry, forest

grazing and windbreaker
systems.

Monitor the proposed activities. Third quarter of
SINAC
2012
Analyze the conditions of the affected Executive Secretariat Recovery plan should be

wetland, assess the degree of impact, and and ACHN, SINAC Second quarter of established for the affected
propose recovery measures. wetlands.
2012

117Annex 116

67

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856
Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or

Impact considerations
Construction of sediment traps.
It is recommended to carry
out this activity when rain

conditions are less intensive.

Rainwater speed reducers It is recommended to carry
5. Wetlands affected by
sediments. out this activity when rain
conditions are less intensive.

Cleaning of sediment traps
It is recommended to carry
out this activity when rain

conditions are less intensive.

Monitoring the proposed activities
It is recommended to carry
out this activity when rain
conditions are less intensive.

The construction of hydraulic
Second quarter of
SINAC 2012 works (bridges, canals) that
give access to the zone

located southeast of the right
bank of the Colorado River is
not recommended,

specifically in source 1 (
Eliminate wooden beam bridge that was coordinates latitude 305268,

built for passage of machinery and build a longitude 563047) because
1. Affectation in two streamsmound of rock and sand to avoid ingress this zone corresponds to
and forest areas. of vehicles to the site. wetland areas.

118 Annex 116

77

ANNEX 3. SUMMARY OF ENVIRONMENTAL MANAGEMENT PLAN ACTIONS - ROUTE 1856

Road Stretch Identified Environmental Proposed Mitigation Action Executing Unit Date Observations and/or
Impact considerations

Second quarter of
From 3 kms before the outlet of SINAC
the Cañ oLa Tigra River (Coord. Foster natural regeneration in the affected 2012

Latitude: 299.441 and forest areas and plant native trees
Longitude: 546.835) up to 100 (Almond, Chilamate, Ceibo, Titor, Javillo

meters downstream from the and Sotacaballo), especially in the slopes
headwaters of the Colorado of the streams and canals built.

River (Coord. Latitude: 305.268
and Longitude: 563.047):

Increase surveillance in the zone by SINAC Second quarter of
establishing prevention, control and 2012

protection brigades, with the objective of
controlling ingress to this road area.

Construction of sediment traps. It is recommended to carry
First and third
CONAVI out this activity when rain
quarter of 2012 conditions are less intensive

Rainwater speed reducers. It is recommended to carry
Second and third
CONAVI quarter of 2012 out this activity when rain
conditions are less intensive
2. Sediment accummulation
in stream channels. Cleaning of sediment catchment traps.
It is recommended to carry
CONAVI Second and third out this activity when rain
quarter of 2012
conditions are less intensive

Monitoring the proposed activities.
Second and third It is recommended to carry
CONAVI out this activity when rain
quarter of 2012
conditions are less intensive

3. Canals on both sides of tPerform support works for maintenance of
road, one of which drains
canals by periodically cleaning and CONAVI
directly into the San Juan extracting sediments.
River.

119120 Annex 117

Association of Federated Engineers andArchitects of Costa Rica
(CFIAReport)

8 June 2012

121122 Annex 117

Association of Federated Engineers Procedures Department
and Architects of Costa Rica Inspection & Standards Div.

(CFIA, by its Spanish acronym) Tel. (506) 2202-3928
Fax (506) 2283-3901
P.O. Box 2346-1000

Report: DRD-INSP-0299-2012
8 June 2012

Requested by : Board of Directors, CFIA

Executive Directorate, CFIA

Reason for Inspection : Verification of work done toward the construction of
“Juan Rafael Mora Route 1856”

Location of the project: Border road, northern area parallel to the Río San Juan

Inspectors assigned : Engineer Francisco J. Reyes Cordero
Engineer Austin Shen Ti
Engineer Luis Diego Alfaro Artavia
Engineer Alexander Guerra Morán
Engineer Luis Castro Boschini

Architect Marielos Alfaro Herra
Architect Carlos Murillo Gómez

DRD-INSP-0299-2012 1

123Annex 117

PRELIMINARY REPORT

1. Background

1.1 This investigation was carried out as instructed by the Board of Directors of the

Association of Federated Engineers and Architects of Costa Rica (CFIA, by its

Spanish acronym), through Engineer OlmanVargas Zeledón, CFIA Executive

Director, for the purpose of determining progress of the project and to evaluate the
construction of the border road.

1.2 Prior to the field trip, on 24 May 2012 a meeting was held among the professional

team involved in the project. This was part of the investigation by the CFIA being

done under an inspection file opened under No. 92-12.

1.3 At the meeting mentioned in paragraph 1.2, we were provided with maps of the route
the border road is to follow and its different means of access. Route 1856 extends

along the approximately 160 kilometres between Los Chiles and Delta (in front of

Isla Calero) and the arteries that access it, which total approximately 400 additional

kilometres. Another observation is that due to the absence of bridges that would

interconnect the route at different routes, (including the mouths of the Sarapiqui, San
Carlos and Pocosol Rivers) for the time being it is impossible to travel the route

without interruption. Also, there are different points in different stretches where work

has not been started. Records at the CFIA also reflect that there are no plansor

preliminary studies for the project, and the process of register the project under CFIA

responsibility was never initiated.

1.4 The visit was done by Inspectors Alexander Guerra Morán; Francisco Reyes Cordero;
Austin Shen Ti, of the Central Office; and Luis Diego Alfaro Artavia, of the Northern

Regional Office, all of them engineers; together with the Chief of CFIA Procedures

Dept. Architect Carlos Murillo Gómez.

1.5 On 7 June 2012, a second visit was done by Inspectors Luis Castro Boschini, from the

Central Office; Luis Diego Alfaro Artavia from the Northern Regional Office; and
Architect Marielos Alfaro Herra, of the Northern Regional Office Coordinating

Committee.

DRD-INSP-0299-2012 2

124 Annex 117

2. Objective and scope

Verification of work done toward the construction of “Juan Rafael Mora Route 1856.”

The investigation consists of on-site inspection carried out in conformity with present legislation

whose guidelines were used in this document.

As a result of the scope and the methodology employed, this report is a preliminary study of
conditions observed at the time of the visit. It is part of Inspection File 92-12 open by the
Procedures Dept.

3. GENERAL ASPECTS

Present status and condition regarding drainage and possible environmental damage, recesses of
rivers and streams, the excavation and stabilization of slopes were inspected.

4. RESULTS OF THE INSPECTION

Inspections of the area located in Heredia Province; Sarapiquí District; as well as Alajuela
Province, San Carlos District; took place on 24 and 25 May, and later on 7 June 2012.

4.1 Observations made in the above area: The following stretches of the road were

inspected:

4.1.1 Arteries that access route 1856:

a) Puerto Viejo – Fátima route

b) Boca Río Sucio – Caño Tambor hillside route
c) Boca Tapada – Boca San Carlos route

d) Buenos Aires – Moravia – Crucitas

e) San Humberto – Las Tiricias route

i) Parque – La Trocha, Route 760

4.1.2 Route 1856:

f) Delta 7 – Fátima – Boca Ceiba (mouth of the Río Sarapiquí)
g) Caño Tambor – Remolinito – Palo Seco – Boca San Carlos (from Boca Sarapiquí

to Boca San Carlos).

h) 15 kilometers in the zone near Tiricias (Tiricias Road)

i) 23 kilometers – border post toward the east along the Tiricias Road.

j) 5 kilometers – border post toward the west along the Los Chiles Road.

DRD-INSP-0299-2012 3

125Annex 117

Diagram No. 1

Juan Rafael Mora Route 1856 and arteries that access it:

Km 0, Delta 7, Costa Rica

DRD-INSP-0299-2012 4

126 Annex 117

Diagram No. 2

Visit (a) and (f)

a) Puerto Viejo – Fátima route

• This route already exists; it seems that the intent is to rehabilitate it.

• During the visit we were able to see that the route is comprised of gravel with a
great number of cracks and holes.

• Parts of the road have no drainage slopes or ditches, therefore, water accumulates

in those areas. Parts of the road with drainage require uniformity and

maintenance.

• An abandoned trailer container was observed on the road, its future use is

unknown.

• No significant slopes were observed in this stretch of the road.

DRD-INSP-0299-2012 5

127Annex 117

F1. The roads have no drainageditches, cleared areas in this stretch have no bluff.
F2. A lot of cracks and holes are observed in this area. Five kilometers before

reaching Fátima, a trailercontainer can be seen on the road.

f) Delta 7 – Fátima – Boca Ceiba (mouth of the Río Sarapiquí (river))

• This stretch of the road is a distance from the recess of the Río San Juan.

• As indicated by CACISA, this stretch is the only part of the road that has been completed.

• The road has many cracks and holes in this stretch.

• It has no drainage slope or ditch, therefore, water accumulates in some parts and there is
movement of finos.

• There are areas with boulders not apt for roads; in these areas the river isconsiderably

oversized and passage of vehicles creates splashes to the sides.

• A Bailey-type bridge, in poor condition, is observed. Its structure is rusty; other bridges with

wooden logs are also observed.

• Along this stretch it is difficult to determine the type of soil unearthed during excavation for

gavetas and possible contamination of the base. The ground seems saturated and its drainage
slope is insufficient for release of the finos.

• PVC pipe for drainage can be seen in a stretch of the road in Fátima. The pipe is an

obstruction whose entrance and drainage point are unprotected.

• As observed, in some sections there are slopes approximately four meters high with very

elevated margins.

DRD-INSP-0299-2012 6

128 Annex 117

F3. A PVC drainage is obstructed by movement of finos of the base layer.
F4. The Bailey bridge is in a state of advanced deterioration, with loose planks.

F5. Bridge with a base built from wooden logs.

F6. The route has no drainage, there are cracks and holes, and areas where there are
oversized boulders not apt for roads.

Diagram No. 3, Visit b, g and c:

DRD-INSP-0299-2012 7

129Annex 117

b) District route: Mouth of the Río Sucio (river) –Tambor Spring

• This route already existed, but it was rehabilitated.

• The route is generally in good condition, but there are cracks and holes in
some areas.

• There is no drainage in this stretch of the route.

• There are no slopes conformed by bluffs.

• Machinery and stored supplied are present in view of the re-initiation of the

project.

DRD-INSP-0299-2012 8

130 Annex 117

F9. The route is generally in good condition.

F10. Machinery and stored supplies were observed.

g) Tambor – Remolinito Spring – Palo Seco – Boca San Carlos (Boca Sarapiquí to

Boca San Carlos)

• Most of this route consists of dirt roads with some leveling beginning, some areas cannot be
transited. There is no drainage and water accumulates in different places.

• There is an approximately 10 kilometer stretch that basically consists of paths between
different plots of land. The impact of machinery to this area is not evident.

• There are stretches where the recesson the bank of the Río San Juan should be revised; in
some areas the recess is of approximately 10 meters.

• There are slopes up to approximately six meters high with very elevated margins.
• There are several bridges on wooden pillars.

• There is also a bridge comprised of two trailerscontainers and wooden logs. The walls of the
trailers containers are already bulging and in imminent danger of collapsing. At this same

point it is evident that the flow of a brook was rerouted.
• There are material deposits along the road, boulders that are too large for a road; the source

of these deposits is unknown.
• A PVC pipe drain under construction was observed.

• There is machinery for the construction of ditches and accumulated material for the re-
initiation of the project.

• Work was observed which could lead to environmental damage to forests and wetlands.

• In some stretches there is no evidence of the due leveling nor of adequate stabilization, since
impermeable material, not apt for roads, was observed.

• The same excavation material has been used as landfilland it is unknown if that material was
subjected to laboratory tests to decide its use.

DRD-INSP-0299-2012 9

131Annex 117

F11. Paths with compacted earth.
F12. Dirt roads where water has accumulatedmaking transit impossible. Impact on the

forest can be observed.

F13. Different bridges on wooden pillars can be observed.

F14. A dirt road with no drainage; as it was not based on plans, disorganized cuts and
fills were carried out.

DRD-INSP-0299-2012 10

132 Annex 117

F15. An approximately 10 kilometer stretch which basically consists of paths between
lots; transit along this road is very difficult even with 4x4 vehicle.

F16. Deforestation and impact on the zone’s wetlands are evident.

DRD-INSP-0299-2012 11

133Annex 117

F17. Evident in the first photo (a) is the obstruction of the natural flow of the river; the second
photo (b) shows the construction of a canal for re-routing the flow of the river; the last two
photos (c and d) show the construction of a bridge where wooden logs and two container
trailers used for drainage arepart of the structure; bulging can be seen;bulging in the

walls of the container trailers can also be seen.

It is important to indicate that in this area far more work has been done across the road than in

the areas previously mentioned; the reason for this is not clear.

DRD-INSP-0299-2012 12

134 Annex 117

F18. There are stretches of the road where its path is very close to the bank of the Río San Juan,
these stretches of the road should be re-evaluated.

Piling of material Trench

Río San Juan

F19. Materials used are only meters away from the Río
San Juan; very big boulders can be observed as well as
piles of broken boulders. Here, what is apparently a
trench is located between the Río San Juan and the road,

several meters from the river. These situations should be
evaluated.

The edge of the road

DRD-INSP-0299-2012 13

135Annex 117

Diagram No. 4, Visit d, e and h

d) Buenos Aires – Moravia – Crucitas

• This route already exists, however, it was rehabilitated.

• The route is generally in good condition but there are cracks and holes in some areas.

• Ditches are in need of maintenance and some stretches have no drainage.

• There are slopes of up to six meters high with very high margins.

• Wetlands have been impacted upon.

DRD-INSP-0299-2012 14

136 Annex 117

• There is an abandoned trailer container on the road whose use is unknown.

• This route was impossible to use for access to the border road. A locked gate blocks off

the road and it was impossible to continue.

• With the help of neighbors the road was reached by crossing from Crucitas to Jocotes by

way of unkempt paths and on to the Tiricias areas.

F20. Lack of maintenance to the drainage canals.

F21. One of the areas with cracks and holes, besides very elevated longitudinal
slopes.

F22. Slope approximately six meters in height with an almost vertical slope.

F23. Possible impact to wetlands.

DRD-INSP-0299-2012 15

137Annex 117

F24. Areas with cracks and holes and no drainage.

F25. In the Crucitas areas, agate obstructs the path to the border road.

F26. There is a trailer container on the road approximately one kilometer before
reaching Tiricias.

h) The 15 kilometers in the area near Tiricias.

• Approximately seven kilometers toward Tiricias– Crucitas were covered, and 7.5
kilometers toward Tiricias – Trocha; since these stretches of the road are in graveland in

view of the conditions of the path, it was impossible to transit any further.

• Several areas have no drainage canals or ditches.

• In several stretches of the road that were inspected the pathof the road is a short distance

from the bank of the Río San Juan, some of these bluffs are at a distance of

approximately 15 meters.
• There are huge slopes with high peaks and no protection whatsoever.

• There is river water flowing along paths formed by logs of wood.

• There are also bridges built with logs of wood.

DRD-INSP-0299-2012 16

138 Annex 117

• Diverse materials have been deposited along the edge of the path of the road including

very large boulders and machinery can also be observed; however, no persons are

observed operating this machinery.

• There is possible alteration to the wetlands, deforestation and still water with no drainage.

F27. There are huge slopes with high peaks in this area and no protection
whatsoever.

F.28. There are huge slopes with high peaks in this area and no protection whatsoever.

DRD-INSP-0299-2012 17

139Annex 117

F29. In this area the recess from the Río San Juan is approximately 15 meters.
F30. In this area there is also a trench from whichmaterials were extracted.

F31. Deforestation in wetlands area.

F32. Wooden logs are used to allow for the drainage of water.

F33. Recess from the river in this area should also be evaluated for compliance with the
law.

DRD-INSP-0299-2012 18

140 Annex 117

F35. Materials and machinery depot.

F34. Stagnant water with no drainage whatsoever.

F36. Work in this area is incomplete.

F37. Gravel ends in this area. The dirt road is almost impossible to transit. Impact on
the forest is noticeable.

DRD-INSP-0299-2012 19

141Annex 117

Diagram No. 5

Visits I, j and k

i) Route 760 Parque – La Trocha

• Dirt road which already exists, and on which there seems to have been no work to

improve transit.

• Conditions are generally acceptable and in some areas the paths are on plots of land.

• The drainage canals are in need of maintenance, and in some stretches there are none.

F38. Dirt road from Route 760 El Parque.

DRD-INSP-0299-2012 20

142 Annex 117

j) Approximately five kilometers of Trocha toward Los Chiles

• 4.6 Kilometers towards Trocha – Los Chiles were transited.

• Along this stretch there is a road comprised of dirt, of varying width; the earth is uneven

in some parts and at one point it is only wide enough for one vehicle; there is cultivated

land on one side.
• There is no drainage or ditches.

• In some places river water runs though round plastic pipes.

• There are bridges built out of wooden logs and trailer containers.

• There is stagnant water with no canals; there is deforestation alongside some stretches.

F39. Front-view of a stretch of the road where the earth is uneven.

F40. A stretch of the road wide enough for only one vehicle.

F41. Circular pipe serving as outlet for river water.
P42. A stretch of the road wide enough for only one vehicle.

DRD-INSP-0299-2012 21

143Annex 117

F43. Stagnant water and deforestation.

k) Approximately 23 kilometers of road toward Tiricias.
• Approximately 23.1 kilometers were transited in direction to Trocha – Tiricias.

• Some stretches are a dirt road, others are pavedgravel. The part where the route is

marked was reached but its condition is not conducive to vehicular transit.

• Clearing of areas approximately three to six meters high.

• There are no drainage canals or ditches.

• Circular pipes serving as outlets for river water.

• There are bridges built of wooden logs and trailer containers. Some of the trailer
containers have deteriorating sides.

• There are also bridges and water outlets constructed ofwooden logs.

• There is stagnant water with no drainage canals.

• There are few areas with ditches to channel water.

DRD-INSP-0299-2012 22

144 Annex 117

Diagram No. 6. Construction details regarding areas of this stretch that was
visited.

F44. View of a dirt stretch.

F45. View of a gravel stretch.

F46. Circular pipes serving as outlets for river water.

F47. Trailer container used as a bridge.

DRD-INSP-0299-2012 23

145Annex 117

F48. Bridge and waterway with wooden logs.

F49. Bridge being used for heavy machinery.

F50. Clearing of slope approximately six meters high.
F51. End of the part of the road that can be transited.

F52. Dirt drainage ditch serving as water outlet.

F53. Stagnant water present in some parts.

DRD-INSP-0299-2012 24

146 Annex 117

5. CONCLUSIONS

5.1 The project was visited on 24 – 25 May and 7 June 2012 for the purpose of verifying the
work done and the present state of Route 1856. The visit was carried out by inspectors of
the Department for Inspection and Standards, and the Northern Regional Office.

5.2 Maps of the stretch of the border road and the different access routes weremade

available. The length of Route 1856 is approximately 160 kilometers and the different
arteries that access it are a sum of 400 kilometers. Due to the absence of bridges
interconnecting the route in some stretches (the mouths of the Sarapiquí, San Carlos and
Pocosol rivers among others) for the time being it is impossible to uninterruptedly transit
the road, besides the fact that in some stretches of the different parts of the road work has

yet to begin. The project has no plans or preliminary studies, a situation that was
corroborated through use of the CFIA database where there is no record of the project.

5.3 The route was constructed without a single plan to indicate the path that was to be
opened, or what its characteristics should have been. This situation causes increased

costs, environmental problems, and a rapid deterioration of the project.

5.4 The lack of adequate drainage for channeling rainwater was observed. It can be foreseen
that this situation can prematurely erode the work already done. It should be mentioned
that in some areas trailer containers were used for greater drainage in the channeling of
brooks. These trailer containers already reflect deterioration and are at risk of collapsing

as reflected in the photographs included in this report.

5.5 It is unknown if soil samples were analyzed, and without such analysis the top base could
suffer premature contamination due to the material used.

5.6 As reflected in the photographs and as observed along certain stretches, it is presumed

that protected areas were not taken into account. As defined by Forests Law No. 7575,
Article 33, Section ii, a protected area is “a 15 meters strip in a rural zone and 10 meters
in an urban zone, horizontally measured on both sides of the bank of a river, a brook or
stream if the land is flat, and fifty horizontal meters if the land is uneven.” Further,
according to the Law No. 276 to Regulate Water Resources, Article 31, Section ii, “The

forest area that protects or should protect the land that filters drinking water as well as
those that assist in the formation of hydrographic basins and accumulation areas, supply
sources, or permanent pathways for the same water,” are declared reserves that are
subject to dominion of the Nation.

DRD-INSP-0299-2012 25

147Annex 117

5.7 Once the Río San Juan was declared a navigable river in Decree No. 4 of 23 February
1966, “… Río San Juan. According to the Cañas Jérez Treaty of 1858 and the Cleveland

Decision of 1888, Costa Rica has access to the free navigation of commercial ships in the
San Juan de Salinas bays, as well as in the Río San Juan from its mouth to three nautical
miles (5.6 kilometers) before the Castillo Viejo or San Carlos. The distance between the
latter point and the beginning of the Río Colorado is 100 kilometers,” and according to
Article 7 of the Lands and Colonization Law: “b) the land encompassed in the 50 meters

wide zone along both banks of navigable rivers…” “are declared Agricultural Property of
the State.” This should be evaluated by technical experts since there are doubts regarding
the recesses of the road along the Río San Juan in some stretches where it is only a few
meters from the bank.

5.8 Technical criteria for land removal are unknown since the excavation and landfill are

unstable, and transit is almost impossible in some areas due to very elevated longitudinal
slopes. Where there is leveling, compacting of the earth is very poor.

5.9 An evaluation for possible environmental damage should be done since there are
wetlands in the area that may have been impacted by deforestation anduse of material

from the Río San Juan bank; besides the fact that brooks have been rerouted, and the
boulders that have been used in some areas are from the river, many of them oversized. It
is unknown if material was extracted from a nearby river and if the necessary permits for
this were applied for.

5.10 Regarding impact on wetlands it should be noted that in conformity with Article 45 of the

Organic Environmental Law, “Activity which interrupts the normal cycles of wetlands
ecosystems, as well as the construction of dykeswhich interrupt the flow of sea or
continental water, drainage, desiccation, landfill or any other alteration that provokes
deterioration or elimination of such ecosystems, is prohibited.” Therefore, this situation
should be evaluated by technical experts in this field.

6. RECOMMENDATIONS

6.1 That, to ensure the necessary follow through process, this department forward a copy of

this report to Engineer Olman Vargas Zeledón so it can be brought to the General

Directorate which requested it.

DRD-INSP-0299-2012 26

148 Annex 117

6.2 Short-term interventions

• Immediate construction of drainage canals in all stretches of the road where gravelis

already in place; and their construction in the winter in areas where this is still a dirt road.

• Maintenance of drainage canals in the stretches where they already exist, especially in the

arteries that access the road.
• Stabilization of the slopes with high margins and significant dimensions in order to avoid

landslides during the rains that are about to begin.

• The immediate design and construction of the necessary bridges in the Pocosol River, the

mouths of the Río Sarapiquí, the Río San Juan, and of the Río Infiernito, which would

make possible continuous transit along the whole of the road.

• The substitution of wooden logs, trailer containers and drainages that are being used as
bridges and water pathways under the road, as these do not comply with minimal

structural design and engineering mechanics requirements.

6.3 Midrange second phase work

• Evaluation of the recesses of Río San Juan by way of a technical study under present

applicable law.
• A detailed topographical blueprint of all work done to the present.

• Development of all pertinent designs and construction blueprints for the whole of the

project.

• Compacting of all landfill, and the laboratory tests of all materials used for the base of the

road and leveling.

DRD-INSP-0299-2012 27

149Annex 117

• Substitution of wooden logs, trailer containers and drainage canals used as bridges or

water pathways under the road which do not comply with the minimal structural design

and engineering mechanics requirements.

Inspectors,

_____________________________ ____________________________

Engineer Austin Shen Ti Engineer Francisco Reyes Cordero

_____________________________ ____________________________
Engineer Luis Diego Alfaro Artavia Engineer Luis Castro Boschini

_____________________________
Engineer Alexander Guerra Morán

And Architects

___________________________ __________________________

Marielos Alfaro Herra V.B. Carlos R. Murillo Gómez

Chief of Regional Office Chief of CFIA Procedures Dept.

DRD-INSP-0299-2012 28

150 Annex 118

Map of the Republic of Nicaragua ( INETER)
available at http://www.ineter.gob.ni/

151152Annex 118

153 Annex 119

BaronABulow 1851 (A)

2010 Satellite Image (B)
Land Info Image of River (C)
Map of the Republic of Nicaragua by Maximilian Sonnestern 1858 (D)

155156 Annex 119

BaronABulow 1851 (A)

157Annex 119

158 Annex 119

2010 Satellite Image (B)

159Annex 119

160 Annex 119

Land Info Image of River (C)

161 Annex 119

Map of the Republic of Nicaragua by Maximilian Sonnestern 1858 (D)

163 Annex 120

Map of 1831 by Mr. George Peacock with additions up to 1859

165166Annex 120

167 Annex 121

Central America, Nicaragua San Juan del Norte or Greytown
Maxwell chart of 1888

169170Annex 121

171 Annex 122

Republic of Nicaragua, by L. Robelin (191-) (A)

Republic of Nicaragua, byA. Demersseman (1923) (B)
Nicaragua Ministry of Development, General Department

of Cartography (196-) (C)
Nicaragua, by Richard Mayer 1920 (D)

Map of the Republic of Nicaragua and part of Honduras and
Costa Rica, by Clifford D. Ham (1924) (E)
Nicaragua Ministry of Development , General Department

of Cartography (1965) (F)
Nicaragua Ministry of Development , General Department
of Cartography (1966) (G)

173174 Annex 122

Republic of Nicaragua, by L. Robelin (191-) (A)

175Annex 122

Republic of Nicaragua, byA. Demersseman (1923) (B)

176 Annex 122

Nicaragua Ministry of Development, General Department
of Cartography (196-) (C)

177Annex 122

Nicaragua, by Richard Mayer 1920 (D)

178 Annex 122

Map of the Republic of Nicaragua and part of Honduras and
Costa Rica, by Clifford D. Ham (1924) (E)

179Annex 122

Nicaragua Ministry of Development, General Department
of Cartography (1965) (F)

180 Annex 122

Nicaragua Ministry of Development, General Department
of Cartography (1966) (G)

181182 Annex 123

US Engineer Office Nicaragua Canal Survey (1929-31)

183184Annex 123

185 Annex 124

Costa Rica, U.S. Central IntelligenceAgency, 1970, G4860 1970 U 51

187188Annex 124

189190 Annex 125

Costa Rica, U.S. Central IntelligenceAgency, 1970 (2), G 4860 1970 U52

191192Annex 125

193194 Annex 126

Official Map of Costa Rica, Geographic Institute of Costa Rica, 1971

195196Annex 126

197Annex 127

Texaco (1978)

199200Annex 127

201 Annex 128

Nicaragua, U.S. Central IntelligenceAgency (1979)

203204Annex 128

205206 Annex 129

Costa Rica, U.S. Central IntelligenceAgency , 1983, G 4860 1983 U5

207208Annex 129

209210 Annex 130

INETER Map of Costa Rican Navigation System

211212Annex 130

213214Annex 131

1940 IMAGE

215216Annex 131

217 Annex 132

US Government, 12 January 1961

219220 Annex 132

1961 Satellite Photograph

55 AM73, Roll 141, Line 64, Photo 5881, Scale 1.60 000, Date: 12 January 1961, Source: US Government.

221 Annex 133

1961Aerial Image (2)

223224Annex 133

225 Annex 134

Government of Costa Rica, Terra Project, 13 December 1997

227228Annex 134

Source: Government of Costa Rica, Terra Project, 13 December 1997

229230 Annex 135

2007 Satellite Photograph

231232Annex 135

233Annex 135

234 Annex 136

2010 Satellite Image

235236Annex 136

237 Annex 137

Photograph of Trees requiring removal from the area adjacent to the caño
Source: Site visit byAmbassador CarlosArgüello on 09 September 2010

239240Annex 137

241242 Annex 138

Photograph of trees and soil along the route of the road
Source: Site visit on the 1st of December, 2011.

Note: This photograph was taken from the San Juan River

243244Annex 138

245246 Annex 139

Photographs of fragile soils removal

247248 Annex 139

Source: El Nuevo Diario (The New Daily), Nicaragua, “Costa Rican highway causes
irreparable damage Ravage in the Río San Juan” , 24 November 2011.

Source: http://www.elnuevodiario.com.ni/galeria/715-rio-san-juan#8119

249Annex 139

Source: La Nación, Costa Rica. «Acceleration of the Project one year after the Harbour Head
conflict. Costa Ricans contruct a road parallel to the Río San Juan», 18 Octuber 2011

250 Annex 140

Photograph of the modification of the drainage system.

Source; Site visit on the 1st of December, 2011.

Note: This photograph was taken from the San Juan River

251252Annex 140

253254 Annex 141

Photograph of the destruction of the natural habitat

Source: El Nuevo Diario (The New Daily), Nicaragua
“Environmentalist corroborate damage by the Costa Rican road
in Río San Juan on sight, Violation of sovereignty”,

5 December 2011

255256Annex 141

257258 Annex 142

Photographs of the destruction of the inherent scenic values
and eco-tourism potential of the San Juan River

259260 Annex 142

Source;ElPais,CostaRica“Nicaragua complains for the construction of the road in Costa Rica”,

12 December 2011.

Source; Site visit on the 1st of December, 2011.

261262

Document file FR
Document Long Title

Volume IV - Annexes 112-142

Links