Surfrider Foundation: Rincón, Puerto Rico

June 3, 2008

Sindulfo Castillo
Section Chief
U.S. Army Corps of Engineers
400 Fernandez Juncos Avenue
San Juan, Puerto Rico 00901
Email: sindulfo.castillo@saj02.usace.army.mil

RE: SAJ-2006-1144 (CD-ML)

Dear Mr. Castillo:

I am writing in reference to the Cease and Desist order that was issued for discharge and alteration of the creek at the Sandy Beach Apartments in Puntas Ward, Rincón, Puerto Rico on December 5, 2005.

In the 30 months since that Cease and Desist order was issued, no restoration has occurred nor has your office taken any additional enforcement action.

The order stated, “If further work is performed after receipt of this cease and desist order, I must seek immediate legal action to halt such activity.” On July 11, 2006, you were notified of additional work done at the site. Again, no restoration work was done nor did your office take additional enforcement action.

We are writing to you today to notify you of new and additional violations to Section 404 of the Clean Water Act 33 U.S.C., paragraph 3 which prohibits discharge of dredged fill material into waters of the United States and their adjacent wetlands unless the work has been authorized by a Department of the Army permit.

The photographs attached and found on the websites listed below clearly show that additional work is being performed in repeated violation of your Cease and Desist Order and the Clean Water Act.

Not only is fill material being discharged, but debris from failed fence and seawall construction is impacting the beach and quebrada. This constitutes a new violation of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. paragraph 403.

The lack of enforcement of the original Clean Water Act violations has lead to repeated violations and impacts to the beaches, wetlands and navigable waters in Puerto Rico. This area is not only popular with the public but is also a nesting site for endangered Leatherback turtles.

If the violations outlined above are not remedied within 90 days after the receipt of this letter, Surfrider intends to issue a notice of intent to sue letter pursuant to the citizen suit provision of the Clean Water Act, 33 U.S.C. § 1365, in order to commence the process of an enforcement action against the Army Corps, seeking civil penalties, prohibitive and mandatory injunctive relief, as well as other appropriate relief including attorney’s fees and costs. If you believe that any of the information in this letter is incorrect, please contact the undersigned immediately.

At a minimum, the parties must cease all illegal activity and complete restoration of all damage caused by the unpermitted activity in order to come back into compliance with the Clean Water Act. Again, to the extent that you believe any of the information in this notice letter is inaccurate, or if you wish to further discuss this letter, Surfrider urges you or your representatives to contact us at your earliest convenience.

Recent photographs of the inundation, erosion and impact to the quebrada can be found at: http://gallery.mac.com/fundacionsurfrider

More information and photographs of this project can be found at: http://www.surfrider.org/rincon/sandy_beach.asp

We look forward to hearing from your office regarding this project. Please contact me or Leon Richter, our Puerto Rico Field Coordinator, with any questions.

Sincerely,

Chad E. Nelsen
Environmental Director
Surfrider Foundation
cnelsen@surfrider.org
949-492-8170

Leon Richter
Puerto Rico Field Coordinator
Surfrider Foundation
lrichter@surfrider.org
787-823-2784

cc: Miguel Sarriera, Robert M. Carpenter, Eric Summa

enclosures