Surfrider Foundation: Rincón, Puerto Rico

March 12, 2008 – Back to the Drawing Board for Reina Del Mar

Rincón, PR – The Ombudsman Carlos López Nieves held a press conference in Rincón to update the community on the status of the proposed 184 unit Reina Del Mar condo project. The project permit was “paralyzed” indefinitely by ARPE on February 22, 2008 because the project is located in a flood zone and the developers failed to disclose this detail or observe the stipulated setback requirements. Read the ARPE letter.

The project suffered another setback last week when the Department of Natural Resources (DRNA) completed its survey of the maritime zone. The new survey signed by the DRNA Secretary a day before the press conference shows that the “deslinde” (boundary) is well inland of what the developers had represented in their permit application. The impact of this new survey is that the fence that is currently in place is illegal and must be removed. Additionally, the project plans must be redesigned to conform to the regulations governing beach access and the maritime zone.

Furthermore, the new survey calls into question “where is the cuerda” that the municipality purchased from the developer as the drawings suggest that public funds may have been used to purchase land that was already public.

The Ombudsman further disclosed that the Environmental Assessment for the project had expired on March 6, 2008 and that a more rigorous Environmental Impact Statement should have been required due to the project’s proximity to the known Elkhorn corals. Read the Ombudsmen’s letter.

Questions were also raised regarding the numerous trees that had been cut down in the area. DRNA has on ongoing investigation in response to multiple community complaints (Querella number 01808). According to William Graffam Esq., of Jiménez, Graffam & Lausell, penalties of $500 per tree can be assessed.

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