Surfrider Foundation: Rincón, Puerto Rico

June 8, 2008

Hon. Javier Vélez Arocho, Secretario
Departamento de Recursos Naturales y Ambientales
PO Box 906660
Puerta de Tierra Station
San Juan, PR 00906-6600
Via email: jvelez@drna.gobierno.pr

RE: Sandy Beach Apartments, Rincón

Dear Hon. Vélez:

We are writing to you today about the Sandy Beach Apartments in Barrio Puntas, Rincón, Puerto Rico. As you well know, the Surfrider Foundation and the community of Rincón have had ongoing concerns with this project and its deleterious impacts on local beaches, waters and public spaces. It is well documented that this site is subject to flooding during high seas.

On May 17th, we contacted Ernesto Diaz of your agency to inform DRNA of the ongoing coastal erosion issues and unpermitted construction in the ZMT and to request an investigation. This email stated,

Earlier today I took these photos at the Sandy Beach Apartments. There is great concern in the community that they are preparing to build a sea wall. The community and Surfrider Foundation have been strongly opposed to any seawall at this site since before the project was constructed.

Is there a permit application at DRNA for this work? If not, could you please forward these pictures to the vigilantes and permitting office before yet another beach is lost to coastal armoring.

Mr. Diaz suggested that we contact the USACE. They, in turn, responded that the DRNA has jurisdiction in matters related to the fence and/or seawall on the northern (beachfront) boundary of the property.

Today we are contacting you to:

Officially notify your agency of ongoing work in a high risk area
Open a querella regarding discharge into the ZMT
Call for removal of all discharge and construction debris from ZMT
Request a new deslinde for the ZMT for this area
Formally oppose the construction of any type of sea wall at this site

We urge you to review the enclosed correspondence with Mr. Diaz and our subsequent submission to the USACE.

At the same time, the USACE indicated that they will be pursuing an enforcement action on the outstanding Cease & Desist order for illegal alteration of and discharge into the quebrada immediately west of the apartment building.

We kindly request a written response to these inquiries.

We thank you in advance for your attention to this matter.

Sincerely,

Chad E. Nelsen
Environmental Director

Leon Richter
Puerto Rico Field Coordinator

cc: Mr. Ernesto Diaz, Lcdo. Miguel Sarriera Roman, Jose Luis Padilla