VIA ELECTRONIC MAIL
Nicarguan President José Daniel Ortega Saavedra c/o Lic. Harold Rivas Reyes (General Consul), Washington, D.C. haroldrivas@embanic.org
Ministry of Environment and Natural Resources Ministerio del Ambiente y los Recursos Naturales (MARENA) cap@marena.gob.ni
Coor. Unidad de Gestion Ambiental Leonel Wheelock uga@magfor.gob.ni
Department of Outer Relations Ministro Samuel Santos López samuel.santos@cancilleria.gob.ni
Pinnacle Properties Nicaragua Edward D. Popkin eddiePopkin@aol.com
Rancho Santana or Nicaragua Tom Gordon TomG@RanchoSantana.com
Bill Bonner, President, International Living Properties S.A. dailyreckoning@f-s-p.co.uk
Sra. Hilda Espinoza, Directora General de Calidad Ambiental hespinoza@marena.gob.ni
Re: Opposition to Pinnacle’s Improper Business Practices and River Tampering at Playa Rancho Santana
Dear Nicaraguan Government Officials and Corporate Developers:
This letter is to inform you about a collective, doing business as Pinnacle Properties Nicaragua, and their questionable business practices which we request that you investigate. Of their improper business practices, the alteration of the natural flow of the Rancho Santana River is most disconcerting. Pinnacle’s practice of moving sand into the natural channel of the river without permits requires immediate attention because it is highly likely and probable to economically impact local business by altering the wave at Playa Santana which surf camps rely upon.
Aside from distorting the river’s natural flow without the proper studies or consent from the local community, Pinnacle has had the regular ongoing business practice of refusing to disclose plans for a development that will be built in a floodplain. Numerous communications have been made with Pinnacle and Pinnacle has been non-responsive in terms of providing plans of this river alteration for the public to review and oppose in any forum. Nonetheless, without notice or presentation of plans to the public or government for environmental impact and review, Pinnacle has proceeded to alter the entire natural course of a river.
Pinnacle’s act of altering the river without consent of the local community and government is highly probable to impact a wave that is of high economic importance to the local community's future prosperity and growth. Thus, The surf based camps, hotels, restaurants and other local business supported in large by surf tourism at Limon and Salinas will be negatively impacted. Furthermore, most affected will be shrimp and Snook which not only spawn in the river before moving out into the ocean, but also supply the local fishing village of Limon with a much needed food source.
Lastly, as you know, all foreign investors of development must register with the Ministry of Industry and Commerce (Ministerio de Fomento, Industria y Comercio, or MIFIC) pursuant to Nicaragua’s foreign investment promotion law (2000). Additionally, regardless of the method of operation, an enterprise doing business requiring a legal representative domiciled in Nicaragua must register with the Commercial Section of the state (departamento) Public Registry (Registro Público), along with tax and relevant municipal authorities, thus becoming a national enterprise and taxpayer for Nicaraguan purposes, regardless of the nationality of its owners or officers. Due to their improper business practices in altering a river without consent and being unclear as to the status of Pinnacle’s designation as a proper organization, it is questionable as to whether or not Pinnacle and other investors of Rancho Santana’s development have registered for taxing purposes and we request that you investigate into their proper operations.
Thank you for responding by requiring an environmental impact report on their alterations of the river at Playa Santana and taking interest in the business practices of Pinnacle.
Very Truly Yours,
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