EFTA01796308.pdf

From: Erika Kellerhals < Sent: Sunday, November 13, 2016 11:49 PM To: Michele Baker Cc: Jean-Pierre Oriol; Chris Kroblin Subject: Re: NOVA-04-16-STT Good evening Michel=. I was just following up on my email below, which was sent on Friday after=oon, to confirm that you received it, as I have not yet heard back from you= Can you please advise at your earliest convenience as to your agencys=s calculation of the deadline to met the cure provisions? Thank you in advance. =br> Erika A. Kellerha=s4=pan> Member Notice: This communication may contain privileged or other =onfidential information. If you are not the intended recipient, or be=ieve that you have received this communication in error, please do not prin=, copy, re-transmit, disseminate, or otherwise use this information. =lso, please indicate to the sender that you have received this e-mail in er=or, and delete the copy you received. Thank you. =/p> Circular 230: To ensure c=mpliance with the requirements imposed by the IRS, we inform you that any t=x advice contained in our communication (including any attachments) was not=intended or written to be used, and cannot be used, for the purpose of (i) =voiding any tax penalty or (ii) promoting, marketing or recommending to ano=her party any transaction or matter addressed herein. From: Erika Keller=als < <mailto Date: Friday, November 11, 2=16 at 4:54 PM To: Michele Bake Cc: Jean-Pierre Oriol < >, Chris Krobli= < style="font-weight:bold">Subject: Re: NOVA-04-16-STT =div> Michel=, Good afternoon. I apologize for not responding sooner, but our o=fice was closed today for the holiday and I was not checking email as often=as I do on a normal work day. EFTA_R1_00132028 EFTA01796308 In the Notice to Cure served b= your agency on November 4, 2016, the Commissioner unilaterally gave =s only ten (10) days, (where normal business practice is a reas=nable time when not described in the contract ) including weekends an= holidays, to remove "all unpermitted development and structures list=d above and reinstate the areas disturbed to their natural undisturbed stat= or provide a valid permit authorizing such." The ten days cited in t=e Notice to Cure would expire on =ovember 14, 2016, as contrary to customary business practices, =our agency is using calendar days and not business days. I am not awar= of any statutory provision that would require calendar days, but if I am m=staken, please let me know. <=r> As you know, we submitted a written request for an extension of=time to cure the alleged violations by email on Monday, November 7, 2016. S=ction 3d of the Settlement Agreement executed by the parties contemplates t=e expiration of a cure period, however no time period was agreed upon by th= parties in the executed Agreement. In our November 7th letter, we req=ested time for a reasonable mobilization period as well as the opportunity =o discuss the required cure provisions at our meeting scheduled on the =November 16, 2016. We also indirated that we did not believe that ten (10) calendar days is a reasonable am=unt of time. In communicating with you, my hope was that we could come to a=mutual agreement as to what would in fact be reasonable. We =Iso anticipated that the meeting would provide an opportunity to discuss fa=tual inaccuracies relied upon in the Notice to Cure, which includes the rem=val of moorings that were not installed by Great St. Jim, LLC and were in e=istence prior to the purchase of the island, the demolition of a move=ble beach bar/cabana which DPNR Officer Rosa had notice of and is not a per=anent structure and previous excavation work which was covered by the terms=of the prior Settlement Agreement. Furthermore, my understanding is that th=re is no machinery on the island to complete the cure as you indicated in y=ur email, and it is unlikely that we will be able to get appropriate machin=ry on island prior to early next week. Also please let me kn=w if I misunderstood and it is the position of CZM that the cure period of =en (10) days begins upon date of the notification of your formal=denial of the request for an extension o= the cure period? <=iv style="font-family: Calibri;"> Member Kellerhals Ferguso= Kroblin PLLC<=:p> Royal Palms Professional 8=ilding 9053 Estate Thomas, Suite 101=span class="Apple-tab-span" style="white-space: pre;"> St. Thomas, VI 00802 =span style="font-family: Garamond;">email: <mailto:ekellerhals=kellfer.com> <=1> 2 EFTA_R1_00132029 EFTA01796309 Circular 230: To ensure compliance with the requireme=ts imposed by the IRS, we inform you that any tax advice contained in our c=mmunication (including any attachments) was not intended or written to be u=ed, and cannot be used, for the purpose of (i) avoiding any tax penalty or =ii) promoting, marketing or recommending to another party any transaction o= matter addressed herein. From: Michele Baker <[email protected] <mailto:[email protected]=» Date:= Friday, November 11, 2016 at 11:06 AM To: Erika Kellerhals < <mailto:[email protected]=» Cc: Jean-Pierre Oriol <jp.oriol@dp=r.vi.gov <mailto », "jaredian2@vipo=ernet.net <mailto:[email protected]> " <jaredian2@vipo=ernet.net <mailto:[email protected]», 'Amy Claire Dempsey' <[email protected] <mailto:[email protected]» Subject: Re: NOVA-04-16-STT <=--[if !mso]> Good morning Erika, We wanted to advise you that the time to cure the violations pursuant to th= notice will not be extended. Formal letter will follow but please ensure t=at your client removes all development listed on the Notice. The helipad should only take him 2-3 days to remove with the use of a= expanding agent. All the other structures/development can be removed withi= a couple hours each and may all be conducted simultaneously. The moorings =an be removed in less an hour with a diver. The fuel tanks can be hauled off by truck. The machinery is alrea=y on Great St James and should not be a problem for your client. The remova= can be completed within 3 days (at the most 4). Your immediate attention to this matter is appreciated. Best regards, Michele Baker Legal Counsel Division of Coastal Zone Management Department of Planning & Natural Resources 8100 Lindberg Bay, Suite #61 Cyril E. King Airport, 2nd Floor St. Thomas, Virgin Islands 00802 TEL: (340) 774-3320 FAX: (340) 714-9524 Confidentiality Notice The information contained in this e-mail Message, including any attachments= is for the sole use of the intended recipient(s). It is covered by t=e Electronic Communications Privacy Act, 18 U.S.C.§ 2510-2521 and is legal=y privileged. Unauthorized review, use, disclosure or distribution is strictly prohibited. If you are n=t the intended recipient and have 3 EFTA_R1_00132030 EFTA01796310 received this communication in error, ple=se contact the sender by reply e•mail and destroy all copies of the origina= message. Thank you. From: Shauna Betz <[email protected]> Sent: Mo=day, November 7, 2016 4:42:45 PM To: Michele Baker Cc: =ean-Pierre Oriol; jaredian2@vipow=rnet.net <mailto:[email protected]> ; 'Amy Claire Dempsey'; 'Erika Kellerhals' Subject: N=VA-04-16-S1T Good day Attorney Baker: Please see the attached corresp=ndence. Best regards, Sha=na Betz legal Assistant =span style="font-size: 12pt; font-family: Times New Roman', serif;">Royal =alms Professional Building 9053 Estate =homas, Suite 101 St. Thomas, VI 00802 Tel: 340 779 2564 Fax: 888 316 9269 email: sbetz@kel=fer.com <mailto:[email protected]> PLEASE NOTE OUR NEW ADDRESS Notice: This comm=nication may contain privileged or other confidential information. If=you are not the intended recipient, or believe that you have received this =ommunication in error, please do not print, copy, re-transmit, 4 EFTA_R1_00132031 EFTA01796311 disseminate, or otherwis= use this information. Also, please indicate to the sender that you h=ve received this e-mail in error, and delete the copy you received. T=ank you. &nbs=; =/o:p> Circular 230: To e=sure compliance with the requirements imposed by the IRS, we inform you tha= any tax advice contained in our communication (including any attachments) was not intended or written to be used, and ca=not be used, for the purpose of (i) avoiding any tax penalty or (ii) promot=ng, marketing or recommending to another party any transaction or matter ad=ressed herein. 5 EFTA_R1_00132032 EFTA01796312