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Author: Subject: Poder Esp. and Environmental Impact study before building?
latitude26n
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[*] posted on 4-30-2005 at 11:27 AM
Poder Esp. and Environmental Impact study before building?


Has anyone had to do an "Environmental Impact Study" (EIS) prior to building? If you've had an Impact Study done, do you remember having to sign something yourself as part of the process.

(The EIS is a Semarnat "requirement" if your property adjoins the Federal Zone. It seems to be a randomly enfored rule, and in our area costs between $3000-$7000 dollars even for a single-family modest casita . Any more on that topic would required anti-acids which we're currently out of...)

Would a document stamped by a Baja California Notario be accetable for use by Semarnat in Baja Sur ?
Since notaries are State officals would it have to come from a notario in BCS?

Opinions, experiences, or even hearsay would be appreciated. I'll just be sitting here on "hold" trying to get thru to Semarnat anyway...



[Edited on 5-2-2005 by latitude26n]




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Bruce R Leech
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[*] posted on 4-30-2005 at 11:47 AM


Wow sound like you really got in to a can of Worms. I don't think I would invest in a lot if I had to git a Impact study in Mexico. Please keep us posted as to your progress in this mater. we all can learn from you. be careful with the Poder they can be very dangers in the wrong hands.



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[*] posted on 4-30-2005 at 02:09 PM


Call:

Dr. Alejandro Octavio Rodriguez Pereda

of: Asesoria Biologica Y Ambiental

664-634-1446 (Tijuana)

He does enviornmental impact consulting and used to work for the government. (Speaks fluent English)




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aldosalato
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[*] posted on 4-30-2005 at 02:59 PM


The law require that you need an "estudio de impacto ambiental" whenever you build on a lot that is bordering the Federal zone.

Still in Mexico is cheaper to ask for pardon than for permit.........
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Bruce R Leech
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[*] posted on 4-30-2005 at 04:17 PM


Quote:
Originally posted by aldosalato
The law require that you need an "estudio de impacto ambiental" whenever you build on a lot that is bordering the Federal zone.

Still in Mexico is cheaper to ask for pardon than for permit.........


as far as I know they are not doing that here yet. Like I say keep us posted they might start.:no:




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[*] posted on 5-1-2005 at 08:11 AM


The Estudio de impacto ambiental is a rip-off if it costs more than USD 1,000 plus travel expenses.
Most Biologist have already copies of previous studies and they just copy most of the text from it.
They do count species of plants and other stuff but really it should not be a big deal.
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[*] posted on 5-1-2005 at 10:50 AM


Lencho, I would be most interested in the additional information that you may be able to gather from your friend....



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[*] posted on 5-2-2005 at 11:36 AM
Whew!


Man o man, seems more like Big Sur than Baja Sur. I can see your plight. I suppose many areas will fall to the beaureaucrats and agencies. Someone has to pay for their creation. While the gill-netters deplete the seas of sharks and other species the cactus will be monitored and protected.
Believe me, I see that coastal protection necessary and I advocate that, but these fed zone parcels should already be evaluated in order to permit permanent dwelling useage. Just another example of the cart before the burro.
I am afraid of what happens next. How long does such a study,evaluation,determination and the issuance of the permit approving everything take?




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[*] posted on 12-6-2005 at 01:47 PM
Any Updates on the EIS fiasco?


Latitude- Just wondering how all of this is unfolding...
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[*] posted on 12-6-2005 at 02:00 PM


Profepa has been up and down the East Cape looking for these ceritficates from current property owners and people building their homes right now.
First Los Barriles and now up the East Cape road past La Playita. We are all amazed that they can ask for this while these developers are dozing over sand dunes left and right....talk about environmental impact. All an arroyo means to them is "have to buy more sand" as far as I can see. And that is a federal zone....all arroyos are.
I was thrilled to learn that perhaps our lot out there has not been registered as developed land......I have always wanted a goat farm or perhaps a burro herd. Although I doubt that my neighbors would appreciate that!:biggrin:




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[*] posted on 12-6-2005 at 02:32 PM


This area has been a bonanza for PROFEPA. They started with 20 inspectors just above Los Barriles and when they saw what they could do they brought 60 more inspectors to the area in buses. They hit all the Palmas Bay resorts for big $$ and are now attacking the homes at Las Barracas with a double whamy cause they are in the Cabo Pulmo park - added 70 more meters to the Zona Maritima. They shut down some new home construction at Playa Colorado. It's a money maker so it will have a very long tail in Mexico.
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[*] posted on 12-6-2005 at 09:53 PM


The EIS turned out to be fairly painless. The cost for the study and application was a lot less than the original $7000 quote because our Mexican architect contacted, and negotiated with the Geo/Bio consultants himself. The consultants finished the study in about a month.

(Sorry I don't know the actual cost of the study because the fee we paid included building permits, and arch. plans, etc).

The only thing they had us change on our plans was the septic system. No traditional leach fields are allowed adjacent to the federal zone. They ok'd a 4-chamber concrete system (3 typical chambers with a final "bottomless" chamber "pozo de absorci?n" which contains various grades of aggregate on the bottom to perform filtration).

Once your EIS is submitted to SEMARNAT along with your application, time sort of stands still though- they are in no big hurry down at that office! After 5 months of no action by SEMARNAT, they finally gave our architect a "preliminary" permit so we could begin construction. We broke ground in September, and are following the building progress thru photos sent from our neighbor.

We contacted the architect a few days ago to see if he ever got the final application and impact study approval, but it's always a challenge to get a response since we're in Calif.

My original question had to do with signatures on documents when you're not in Mexico. We followed the Apostille process for signatures that were needed.

Correction of my post:
If someone besides yourself will submit your permit application and EIS to SEMARNAT, you must do a Power of Attorney (in legal-Spanish) which names the person and gives your consent for them to represent you. We had our Mexican attorney draft the "Poder" in Spanish, signed and obtained the necessary stamps in Calif. for the "Apostille", and DHL'd it to the architect who submitted it in La Paz.

You do not need permission from your fideicomiso bank for this building permit.

(Sorry, I confused this with the federal zone concession application that we were doing at the same time, which has extra hoops to jump through !)

[Edited on 12-8-2005 by oladulce]
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[*] posted on 12-6-2005 at 10:27 PM
Latitude26n


We all appreciate what your doing. Lessons learned from the East Cape. Here's a photo taken last week... picture is looking back from the point towards the project...
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[*] posted on 12-8-2005 at 11:22 AM
Thanks for the photo Juan


It's a small project, but we miss not being there.

A couple of weeks ago they had all the forms ready to pour the garage roof. Jos?, the mason maestro, fell and broke his arm while "off-duty" and had to go in to Cd. Constituci?n. While he was gone, someone came in and stole all of the wood they had set up for the forms.
sigh...

After several test digs around the lot, the bucket finally found a spot with the least amount of lava rock and caliche to locate the SEMARNAT-approved septic system. (This machine has only recently become available in our area). There's no way we'd be able to put in this septic if the guys had to attempt to dig this by hand.
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[*] posted on 12-8-2005 at 12:59 PM
Latitude26n...


Bummer about the wood being stolen. I just spent a lot of money to secure our place after the break in...

Here's the new septic system that Jaime is putting in. He says it will give out grey water for the yard and is very excited about it. I'm not sure of the name. He has all the info.

[Edited on 12-8-2005 by Juan del Rio]
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