Here are the FACTS…
The facts provided below are the result of our technical team’s investigative work. All referenced documents are public and have either been obtained through formal requests to PR-DNER, OGPE, the PR Tourism Company, Freedom of Information Act (FOIA) requests, or through the Puerto Rico SUMAC court system database.
Fact #1: It’s a 197 room hotel & casino that is being proposed… on top of a wetland
The developers propose to build a hotel and casino on top of a wetland and archaeological site. See the plans here. Did we mention that the project has already violated numerous environmental laws and that it would be built over a wetland, flood zone, archaeological site, in the vicinity of the Tres Palmas Marine Reserve, and that would change the nature of our town forever?
Fact #2: The opposition is massive and organized
Our online petition against the illegal actions taken by the developers of the proposed Bluewater Rincon Hotel & Casino currently has over 11,500 supporters while a manual petition that was circulated in Rincón has an estimated 2,500 signatories. Our technical team includes several PhD’s, engineers and surveyors who are some of the most accomplished and respected professionals in their respective disciplines in Puerto Rico. Multiple media outlets have highlighted our work, and our actions have triggered enforcement actions by state and federal environmental protection agencies. We won’t stop.
Fact #3: A wetland was illegally filled
In August 2018 a massive amount of fill was placed on top of a wetland next to Quebrada sin Nombre, without any permits. We have a wealth of evidence and studies that will be used in court at the time and circumstances of our choosing.
Fact #4: Rincon Bluewater LLC knew about the wetlands
Rincon Bluewater has tried to deny, through letters and through their representatives from Alvarez Diaz and Villalón at a community meeting in 2019, that they knew of the illegally filled wetlands, however, the seller clearly contradicts Rincon Bluewater as evidenced in recent court documents:
“In other matters, CalRincón is still waiting for your confirmation to meet with officers of Karimar Construction to schedule the removal of the filling material deposited in the property. It is worth noting that the record will show that back in October 2018, Mr. Fuller, officer of RBW, acknowledged the presence of such filling material in the property and later in November of the same year, he consented on its continuing presence in the property after closing and up to this date.”
Rincon Bluewater knew early on about the wetlands, and their own geotechnical study confirms their existence:
“It should be noted that, based on the drilled borings, the swamp deposits (wetlands) extend beyond the approximate limits established by National Wetlands Inventory (NWI) of the U.S. Fish and Wildlife Service, as shown in Figure 4. As indicated, the swamp deposits were present in all areas except in Borings B-1 and B-6.“
A recent opinion by a local judge confirms that Rincon Bluewater LLC knew about the existence of the wetlands, even though they deny it. See the opinion here.
Fact #5: The EPA has taken action
“Through review of publicly available aerial imagery, the U.S. Environmental Protection Agency, Region 2, has observed land clearing and filling of wetlands with earthen material which constitutes an apparent unauthorized discharge of fill material into Waters of the U.S on parcel number 095-000-88-000 in the Municipality of Rincon, Puerto Rico”. See EPA’s letter here.
Fact #6: The fill was placed on top of an archaeologically sensitive site, without any permits
Our technical team formally challenged the archaeological study submitted by Rincon Bluewater LLC to the Instituto de Cultura Puertorriqueña (ICP) and we invited the Arqueólogo del Estado, associated to the ICP, to visit the area in question. During that visit, numerous archeological artifacts were found, including an axe head, on the surface of the ground. Subsequently, the State Archeologist invited the archeologist who authored the study which reported negative findings to explain how, in the presence of so much obvious evidence on the ground, it was possible that the study had negative findings. As a result, the ICP’s endorsement of the project has been rescinded, and that a detailed Phase II archeological study must be completed.
Fact #7: It’s for sale!
The developers are selling the Rincon Bluewater Hotel & Casino as a “shovel ready” project but it is far from it. The only “shovel ready” component is the removal of the illegal fill over the wetland. The have no permits, no valid maritime zone delineation, no valid hydraulic-hydrologic study, no valid environmental assessments, no Section 404 wetland fill permits. Nothing.
Fact #8: We’re just getting started
We have assembled a technical and legal team that will surpass any team assembled by Rincon Bluewater. We will enforce our rights guaranteed to us by the National Environmental Policy Act, the Clean Water Act, Puerto Rico’s “Ley de Politica Publica Ambiental”, and other laws and regulations that allow the community to hold accountable those responsible for environmental crimes and violations, and which protect our right to voice our concerns as we have done through this website.
As mentioned before, we are not against tourism or development. We are against a hotel & casino project that has already violated numerous environmental laws and that would be built over a wetland, flood zone, archaeological site, in the vicinity of the Tres Palmas Marine Reserve, and that would change the nature of our town forever. We won’t back down.