EFTA00414351.pdf

From: Lesley Groff <1 To: Bella Klein Subject: Fwd: Pictures from CZM settlement conference Date: Mon, 30 Apr 2012 16:36:51 +0000 Attachments: Little_St._James_Pictures.pdf Can you print this on the color printer for Darren? Is it working? Begin forwarded message: From: Darren Indyke Date: April 30, 2012 12:34:01 PM EDT To: Lesley Groff < Subject: Fwd: Pictures from CZM settlement conference Please print attachments on Color Printer. Thanks. Darren K. Indyke Darren K. Indyke, PLLC 301 East 66th Street, 10B New York, Telephone: Direct: Fax: emai The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC - © 2011 Darren K. Indyke, PLLC —All rights reserved. Begin forwarded message: From: Maria Bodge < Date: April 26, 2012 10:20:01 AM EDT To: Darren Indyke < Subject: Pictures from CZM settlement conference Attached as agreed are the 3 pictures CZM gave me, as well as one of those I took (mine is black & white). The first photo (an overhead of the island showing the various buildings) is the one Oriol told me JE gave him showing the construction site in 2010. You can see the location just off the end of the road where the water is visibly lapping in...that is where the structure they call a jetty or rock groin begins (as you can see EFTA00414351 from my photo). The second with the note at the bottom reading aerial photo 2007 superimposes the 6 underwater shots taken in December 2011 by the CZM diver who was at the meeting, showing the conditions she says she found on her dive, including acropora coral (one of the federal endangered species), and the white lines to place the locations where they were taken. The photo again shows at in 2007 there was no jetty or rock groin there. The other overhead with the same underwater photos uses a 1999 aerial shot just to confirm again that at time there was no jetty. Obviously, it was built during the LSJ ownership and apparently after 2010. They did not give me a copy of the video they showed me of the giant backhoe at work on top of the jetty... I will make the offer as authorized yesterday (remove the jetty under CZM supervision and pay a fine of $20,000) on Monday if I can reach Oriol then...Whether or not they are open to that or some compromise amount, it is going to be very difficult to keep the 5/8 legislature date in my opinion. Both Brathwaite & Oriol said the legislature will deny approval if there is an outstanding violation when it comes before them, and it is unlikely the structure can be removed before then, because even if the terms are agreed, CZM is going to insist on some kind of permit to remove the structure as I understand it. Anyway, I will let you know what happens. Maria Tankenson Hodge Hodge & Francois 1340 Taarneberg St. Thomas VI 00802 (fax) EFTA00414352