EFTA01784748.pdf

From: Erika Kellerhals Sent: Friday, November 11, 2016 8:55 PM To: Michele Baker Cc: Jean-Pierre Oriol; Chris Kroblin Subject: Re: NOVA-04-16-STT Miche=e, Good afternoon. I apologize for not responding sooner, but our =ffice was closed today for the holiday and I was not checking email as ofte= as I do on a normal work day. In the Notice to Cure served =y your agency on November 4, 2016, the Commissioner unilaterally gave=us only ten (10) days, (where normal business practice is a rea=onable time when not described in the contract ) including weekends a=d holidays, to remove "all unpermitted development and structures lis=ed above and reinstate the areas disturbed to their natural undisturbed sta=e or provide a valid permit authorizing such." The ten days cited in =he Notice to Cure would expire on , as contrary to customary business practices,=your agency is using calendar days and not business days. I am not awa=e of any statutory provision that would require calendar days, but if I am =istaken, please let me know. =br> As you know, we submitted a written request for an extension o= time to cure the alleged violations by email on Monday, November 7, 2016. =ection 3d of the Settlement Agreement executed by the parties contemplates =he expiration of a cure period, however no time period was agreed upon by t=e parties in the executed Agreement. In our November 7th letter, we re=uested time for a reasonable mobilization period as well as the opportunity=to discuss the required cure provisions at our meeting scheduled on the&nbs=;November 16, 2016. We also ind=cated that we did not believe that ten (10) calendar days is a reasonable a=ount of time. In communicating with you, my hope was that we could come to = mutual agreement as to what would in fact be reasonable. We=also anticipated that the meeting would provide an opportunity to discuss f=ctual inaccuracies relied upon in the Notice to Cure, which includes the re=oval of moorings that were not installed by Great St. Jim, LLC and were in =xistence prior to the purchase of the island, the demolition of a mov=able beach bar/cabana which DPNR Officer Rosa had notice of and is not a pe=manent structure and previous excavation work which was covered by the term= of the prior Settlement Agreement. Furthermore, my understanding is that t=ere is no machinery on the island to complete the cure as you indicated in =our email, and it is unlikely that we will be able to get appropriate machi=ery on island prior to early next week. Also please let me k=ow if I misunderstood and it is the position of CZM that the cure period of=ten (10) days begins upon date of the notification of your forma= denial of the request for an extension =f the cure period? =div style="font-family: Calibrifl Erika A. Kellerhals Member Kellerhals Fergus=n Kroblin PLLC=o:p> Royal Palms Professional =uilding EFTA_R1_00106293 EFTA01784748 9053 Estate Thomas, Suite 10= <= class="MsoNormal" style="font-size: 12pt; font-family: Cambria;">St. Thomas, VI 00802 Tel Fax /=pan> email: =br> Notice: Th=s communication may contain privileged or other confidential information.&n=sp; If you are not the intended recipient, or believe that you have receive= this communication in error, please do not print, copy, re-transmit, disse=inate, or otherwise use this information. Also, please indicate to th= sender that you have received this e-mail in error, and delete the copy yo= received. Thank you. Circular 230: To ensure compliance with the requirem=nts imposed by the IRS, we inform you that any tax advice contained in our =ommunication (including any attachments) was not intended or written to be =sed, and cannot be used, for the purpose of (i) avoiding any tax penalty or=(ii) promoting, marketing or recommending to another party any transaction =r matter addressed herein. From: Michele Baker a <mailto > > Date= Friday, November 11, 2016 at 11:06 AM To: Erika Kellerhals > Cc: </=pan> Jean-Pierre Oriol >, <mailto >, 'Amy Claire Dempser Subject: Re: NOVA-04-16-STT <=iv xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-c=m:office:office" xmlns:w="urn:schemas-microsoft-com:office:word" xmlns:m="h=tp://schemas.microsoft.com/office/2004/12/omml" xmins="http://www.w3.org/TR=REC-html40"> =!--[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 2 EFTA_R1_00106294 EFTA01784749 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: FAX 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 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 eiMMOMMEN= Sent: Mo=day, November 7, 2016 4:42:45 PM To: Michele Baker Cc: =ean-Pierre Oriol; ; 'Amy Claire Dempsey'; 'Erika Kellerhals' Subject: N=VA-04.16-STT 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 3 EFTA_R1_00106295 EFTA01784750 9053 Estate =homas, Suite 101 St. Thomas, VI 00802 Tel: Fax email: s 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, 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. 4 EFTA_R1_00106296 EFTA01784751