The Facts

This section of our website will be dedicated to disseminating THE FACTS about building at Las Tunas on the beachfront in Todos Santos, to include:

PLEASE REFERENCE – THE DOCUMENT PAGE- PLEASE READ!

FOR  ALL Permits and Environmental Impact Reports in .pdf format with translations in English

And furthermore:
A timeline providing the history of the development of the Las Tunas area of Todos Santos

  • Chronological Order

    November 1997   – Purchased  the parcels from the Ejido de Todos Santos.

     December 1997  -Began the entitlement process of the “proposed” project on the beachfront parcels.

     Feburary 1998-  Subdivide lots –  Municipal of La Paz

    February 1998 -Paid water rights, (derechos de aqua). Cost $200,201.00 Pesos.

    April 1998 -Because there was no access, and no homes anywhere in this area (therefore no power or water service) we began process to open roads. In order to bring in the electricity and city water.

    A) December 1997- March 1998 -Signatures of property owners along the “proposed” Calle Mangos, to donate 6.5   meters each, to open a city road in order to bring in the electricity water and electricity.

    B)  April 1998 -Had an engineer study and prepare a study called an “informe preventivo”, for  Semernap, to solicite the authorization to open the Beach Road, a city road in order to bring in the electricity water and electricity.

    May 1999 – Received the authorization from Semernap to open the road to introduce the water and electricity.

    Contracted Medusas Electric in La Paz to install the power posts and main trunk line from the CFE substation in “Las Flores” to the beachfront in “Las Tunas”. And later continued down the “Las Playitas” road to where the concrete poles end in “Las Playitas”.

    Contracted Nicolas Castro, to build the beachfront road and install the water main line from the “pila” in “ Las Brisas”, to the beachfront in “Las Tunas”. The Water department (SAPA) authorized the installation of the line , but we paid for it  and contracted Sr. Castro to build it .  And then to continue with the water main, down to “Las Playitas” to supply another beachfront parcel there. In essence, we brought the water and electricity to the entire “Las Tunas”  area. (It was during that water main installation from the now “Calle Mangos” to “las Playitas”, that Nicolas’s bulldozer died. And because there were no tow trucks big enough to move it at the time in La Paz or Los Cabos, it stayed at the side of the road for over a decade; becoming a “Landmark” to the later inhabitants of the uphill lots. Nicolas recently sold it for scrap and it is now part of Las Tunas history!)

    Environmental Impact Report

     We, first, contracted a Dr. Lechuga that had worked as a professor at the University in La Paz to do the first Environmental Impact Report in late 1999.

    He took several months to elaborate the report and it was submitted in 2000, and by late 2000 Semernap “negated” the authorization and based their decision, in part, because of  an opinion solicited by Semernap to CICIMAR, in which CICIMAR replied that in their opinion; there was insufficient information in the Dr. Lechuga report to authorize the project.

    In November 2000, when Semernat was negating the first MIA, we asked the “community” of the Ejido de Todos Santos to show their support of this project. The electric poles had been run and the water line was installed and the ”community” stepped up and signed up in support of the project. Almost the entire Ejido (representatives of each of the 254 families making up the Ejido of Todos Santos) signed in favor.

    AS A MATTER OF FACT, IN 2001  THE EJIDO OF TODOS SANTOS ASKED POR PRESIDENT FOX’S HELP IN GETTING FEDERAL APPROVALS FOR THIS PROJECT.  AND HE DID ASK THE HEAD OF SEMERNAT IN MEXICO CITY FOR HIS PROMPT ATTENTION IN THIS MATTER!

    HERE IS THE LETTER OF REPLY , WITH THE PRESIDENTIAL LETTERHEAD AND SEAL.PRESIDENT FOX’S APPEAL IN FAVOR

    In 2000, the community of “foreigners” was very sparse in Todos Santos and especially in the area of “Las Tunas”; where there were almost NO HOUSES! But the electric line was in and the city water line was in and little by little the “foreigner” population grew in “Las Tunas”. To the point where today, the “new” people who built uphill and behind the project and are hooked-up to “our” power and water; consider themselves as the “community of Todos Santos”. Most of whom do not know WHO the Ejido de Todos Santos, ARE! They are  the founders and major landowners, they have been here for generations, THEY are “the community” of Todos Santos.

    In 2001 we contracted CICIMAR, The Instituto Politecnico National, with a Graduate School in Marine Sciences, in La Paz. (Centro Interdisciplinario de Cienceas Marinas). The highly respected instructors that did this study and elaborated the environmental Impact Report are considered to be experts their field which is  the study of Marine ecosystems in Mexico.

    The project area of the study took into consideration the area from the Arroyo de El Mule in the North (by La Pastora) to Punto Lobos, in the South. They studied the environmental dynamics of this area for almost three years, before elaborating this impact report and submitting this MIA to Semernat.

    On September 2, 2005 the State Government of Baja California Sur, through the Direccion de Planeacion Urbana y Ecologia, (the Department of Urban Planning and Ecology) issued the permit (Dictamin Technico) for Change of the Use, for Lotification and for the placement of Homes; for both “Las Tunas I” and “Las Tunas II”

    On December 8th, 2005 Semernap issued the authorization in Environmental Impact Material to both projects, “Las Tunas I” & “Las Tunas II”.

    FROM THIS DATE FORWARD THIS PROJECT IS NO LONGER “PROPOSED” IT IS AUTHORIZED!  WITH THIS AUTHORIZATION OWNERS CAN BUILD  THEIR HOME ON THEIR LAND.

    Six months later work began on the first home Casa Kathy.

    Early 2008, work began on the second house, Casa de Las Olas.

    During the construction of the first two homes; there had been various visits by the inspectors from Profepa, a Federal Government agency whose job it is to verify Federal Government issued permits. They did that review of documentation and did their reports , but never stopped the jobsites, because all permits where found to be in order.

    The third house began mid 2010.

    And during construction of the third house, Profepa inspectors came again. But because, in the interim between 2008 and 2010, there had been a change of director and sub-director and even inspectors in Profepa; the new group had no previous knowledge of the project. Even though , of course, copies of all documentation are routinely copied to Profepa.

    This time they reacted differently, they shut down the jobsite, until a full review of the documentation was performed.

    During Profepa’s review, on two occasions, they contacted Semernat, the Federal Government’s Environmental Protection Agency, that issues these permits. They asked for clarification as to whether or not these permits are for the construction of homes. On both occasions, Semernat ratified that these permits stating clearly the these permits were issued and  are, in fact, issued for the purpose of building residential homes.

    Recently, there has been another change of “delegado” in the B.C.S. branch of Profepa.

    The jobsite is running, the home is being finished and there were no violations issued whatsoever. There were no fines paid whatsoever.

    And those permits have repeatedly been ratified as current and valid.

    THE LEGAL RAMIFICATIONS

    “La ley ha sido siempre mi espada y mi escudo” Benito Juarez

    THERE HAS BEEN A MIS-INFORMATION CAMPAIGN MOUNTED AND FUNDED BY THESE  “LAS TUNAS” RESIDENTS, WHO LIVE UPHILL AND BEHIND THIS PROJECT; THAT HAS BEEN FRAUDULENT ,SLANDEROUS AND DAMAGING.

    WE FULLY INTEND TO USE THE LAWS OF MEXICO TO HOLD THOSE FRAUDULENT PERPETRATORS LEGALLY AND PERSONALLY RESPONSIBLE FOR THEIR CRIMINAL BEHAVIOR.

    PLEASE REFERENCE AND READ  THE DOCUMENT PAGE  –  READ!   FOR  ALL Permits and Environmental Impact Reports in .pdf format with translations in English

    IN THE UPCOMING WEEKS WE WILL POST THE FOLLOWING:

  • interviews with municipal, state officials and environmental agency delegates
  • interviews with local community members
  • interviews with the developers
  • Question and Answer section
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