EFTA00595543.pdf

HODGE & FRANCOIS December 20, 2010 Robert S. Mathes, Commissioner Department of Planning and Natural Resources Cyril E. King Airport, Second Floor St. Thomas, VI 00802 Via Hand Delivery Re: Minor Coastal Zone Management Permits CZT-25-10L, CZT-26-10L, and CZT-27-10L, LLC Dear Commissioner Mathes: As agreed with the permittee, I enclose revised permits for each of the above-referenced minor permits with the amended language in the special conditions. I hope this meets with your approval. We would ask that your office notify us when you have signed these revised versions so that we may pick them up and arrange for signature by the permittee. Thank you again for your assistance in this matter. Sincerely, Maria Tankenson Hodge Ends. Cc: Darren Indyke, Esq. J.P. Oriol ATTORNEYS AT LAW 1340 TAARNEBERG, ST. THOMAS, VIRGIN ISLANDS PHONE: 340-774-6845 FAX: 340-776-8900 EMAIL: EFTA00595543 MINOR COASTAL ZONE MANAGEMENT PERMIT NO. CZT-25-10L 1. AUTHORI'T'Y. This permit is issued by the Commissioner of the Department of Planning and Natural Resources and is administered and monitored by the Department pursuant to Title 12, Chapter 21, Virgin Islands Code. As herein, "Permittor" is the Government of the Virgin Islands and "Permittee" is LSJ, LLC. 2. SCOPE. This permit allows the site preparation and construction of 25' x 70 sq. ft. swimming pool with a 2000 sq. ft. cabana, Corral stone declr, living space, rest room, pool equipment room and a 1,800 sq. ft music room with living area This project is located at parcel A Little St. James, St Thomas, Virgin Islands. 3. TERM. This permit is effective upon its signing by the Commissioner of the Department of Planning and Natural Resources, pursuant to VI Code, Title 12, Chapter 21. Authorization for construction under this permit will expire if the Permittee fails to commence work within twelve (12) months from the date this permit becomes effective. 4. DOCUMENTS INCORPORATED BY REFERENCE. EXHIBIT A - CZM Permit Application dated April 8, 2010 EXHIBIT B - Required document submittal (deed, tax letter and maps). EXHIBIT C - Site plan and Drawings dated July 7, 2010. 5. GENERAL CONDITIONS. (a) Liability. The Permittee agrees to assume full and complete responsibility for all liability to any person or persons, including employees, as a result of its control of the area described in Paragraph 2 of this permit, and all improvements thereon (which area and improvements are herein after referred to as" the premises") and to hold the Permittor free and harmless from civil or other liability of any kind during the time the permittee is in control of the premises pursuant to this permit. (b) Personal Property and Damage. All personal property of any kind or description whatsoever, located on the premises will be there at the Permittee's sole risk. (c) Assignments or Transfer, This permit may not be transferred or assigned except as provided in Section 910-15 of the Regulations of the Coastal Zone Management Act (d) Permit to be displayed, A placard evidencing the permit shall be posted in a conspicuous place at the project site dating the entire period of work. EFTA00595544 (e) Reliance on Information and Data. The permittee affirms that the information, and data which he/she provided in connection with his/her permit application is true and accurate, and acknowledges that if subsequent to the effective date of this permit such information and data proves to be false or inaccurate, the permit may be modified, suspended or revoked in whole or in pan, and that the Commissioner may, in addition, institute appropriate legal action. (f) Development to be Commenced. Any and all development approved by this Coastal Zone Management Permit shall be commenced within twelve (12) months from the date this permit becomes effective. Failure to perform substantial work within such period and thereafter until completion of construction will cause the permit to lapse and render it null and void unless an extension is granted by the Commissioner. (g) Notification of Completion. Upon completion of any activity authorized or required by this Coastal Zone Management Permit, the pc/mince shall promptly so notify the Director of the Division of CZM ("The Director") and where the service of a professional engineer were required in undertaking the activity, a certification of compliance provided by the project engineer that the plans and specifications of the project and all applicable Virgin Islands Code requirements have been met, shall be filed with the Director. (h) Inspection. The Commissioner or his authorized agents or representatives shall have the power to enter at reasonable time during projects working hours upon any lands or waters for which a Coastal Zone Permit has been issued. The Permittee shall permit such entry for the purpose of inspection and ascertaining compliance with the terms and conditions of said Coastal Zone Management Permit. The Permittee chaU provide access to such records as the Commissioner in the performance of his duties under the Act may require the Permittee to maintain. Such records may be examined and copies shall be submitted to the Commissioner upon request (i) Conditions of premises. The development authorized by this permit shall be maintained in a safe, attractive and satisfactory condition and in accordance with the description, plans or drawings approved by the Commissioner. 0) Restoration of Area. The perminee, upon revocation or expiration of the permit, shall upon order of the Commissioner, and his sole discretion, remove all structures authorized by the permit and restore the area to its original condition, and/or modify such structures, and/or comply with any directive of the Commissioner in satisfying the original permit condition in such time and manner as the Commissioner may direct 2 EFTA00595545 CZT-25-101. (k) Notices, All notices sent or required to be sent hereunder must be certified mail, return receipt requested. If addressed to the permitter, same shall be sent to the Commissioner of the Department of Planning and Natural Resources, Cyril E. King Airport, Second Floor, St. Thomas, VI 00802 or to such place as the Pennittor may herein after designate by certified mail. If addressed to the Permittee, same shall be sent to LSJ, LLC, 6100 Red Hook Quarter, Suite B, St. Thomas, USVI 00802 or to such place as the Permittee may hereinafter designate by certified mail, return receipt requested. (1) Nortwaiver, One or more waivers by the Permittor of any covenant or condition of this permit shall not be construed as a waiver or breach of the covenant or condition, and the consent or approval of the Permittor to or of any acts by the Pennittee requiring the Permittor's consent or approval shall not be construed as approval of any subsequent similar act by the Pennittee. (m) Revocation. It is specifically understood that all foregoing covenants and agreements, as well as other terms and special conditions hereby agreed to by Pennittee, are to be well and faithfully kept by Permittee and that any failure by Permittee to keep same will result in revocation of this permit. (n) Other Approval. If the development covered under this permit requires separate and distinct approval from the United States Government or any agency, department, commission or bureau thereof, then no development or occupancy is allowed under this permit until such permits or approvals have been obtained. (o) Abandonment, If the Pennittee abandons, deserts or vacates the premises or discontinues its operations at the premises for a period totaling six (6) consecutive months, then the permit will terminate automatically and be rendered null and void. (p) palm= and Repair of Premises Described in Paragraph 2.1n the event of damage to or destruction of the premises described in Paragraph 2 hereof; repair work may be done only after a request to do so has been submitted in writing to the Department and permission in writing has been granted. Repair must duplicate the original work, and must be in accordance with applicable law, rules and regulations. (q) Signatures on the Permit Document. The applicant shall sign and return the permit document to the Department within sixty (60) days of receipt thereof Failure to return the signed permit within the time period spctified herein will be considered a rejection of the terms and conditions of the permit and will render the offer of the permit null and void, unless a written extension is requested and granted. 3 EFTA00595546 CZT-25-10L B. The Coastal Zone Management permit placard shall be placed in a conspicuous location on the site as soon as work commences. C. The permit is valid only for work as stated in Paragraph 2 "Scope". D. Erosion/Sedimentation control measures shall be installed and maintained until all development activities are completed. All excavated areas shall be protectively berm to prevent silt runoff. E. Site disturbance shall be limited to areas designated on the approved drawings. F. All other necessary permits shall be obtained prior to commencement of work. G. "Upon discovery of any archaeological or historical site, or human burial site or remains upon private lands, the owner or the representative shall immediately notify the State Historic Preservation Office verbally and in writing." H. The scope of Permit CZT-25-10L is confined to the footprint approved in Permit. No development activities may occur outside the footprint of the approved permit. I. Silt fencing must be installed with steel posts and wire fence support as described in the 2002 Environmental Protection Handbook. J. Permittee will meet with CZM staff to agree upon a plan that will address their concerns regarding habitat rehabilitation and restoration. 4 EFTA00595547 CZT-25-10L On this day of , 2010, the Department of Planning and Natural Resources hereby issues Minor CZM Permit No. CZT-25-10L. Robert S. Mathes Commissioner 1, the undersigned, have read and understood all terms and conditions established in Permit No. CZT-27-10L and hereby agree to be bound by the terms and conditions contained therein. Signature Dated 5 EFTA00595548 MINOR COASTAL ZONE MANAGEMENT PERMIT NO. CZT-26-1OL L AUTHORITY, This permit is issued by the Commissioner of the Department of Planning and Natural Resources and is administered and monitored by the Department pursuant to Title 12, Chapter 21, Virgin Islands Code. As herein, "Permittor" is the Government of the Virgin Islands and "Permittee" is LSJ, LLC. 2. SCOPE. This permit allows the site preparation and construction of 5,000 sq. ft guest cottage. This project is located at parcel B Little St. James, St. Thomas, Virgin Islands. 3. TERM. This permit is effective upon its signing by the Commissioner of the Department of Planning and Natural Resources, pursuant to VI Code, Tide 12, Chapter 21. Authorization for construction under this permit will expire if the Permittee fails to commence work within twelve (12) months from the date this permit becomes effective. t. DOCUMENTS INCORPORATED BY REFERENCE. EXHIBIT A - CM Permit Application dated April 8, 2010 EXHIBIT B - Required document submittal (deed, tax letter and m a pc). EXHIBIT C - Site plan and Drawings dated July 7, 2010. 5. GENERAL CONDITIONS. (a) Liability The Permittee agrees to assume full and complete responsibility for all liability to any person or persons, including employees, as a result of its control of the area described in Paragraph 2 of this permit, and all improvements thereon (which area and improvements are herein after referred to as" the premises") and to hold the Permittor free and harmless from civil or other liability Of any kind during the time the permittee is in control of the premises pursuant to this permit. (b) Personal Property and Damage. All personal property of any kind or description whatsoever, located on the premises will be there at the Pennittee's sole risk. (c) Assignments or Transfer. This permit may not be transferred or assigned except as provided in Section 910-15 of the Regulations of the Coastal Zone Management Act. (d) Permit to be displayed, A placard evidencing the permit shall be posted in a conspicuous place at the project site during the entire period of work. EFTA00595549 CZT-26-10L (e) Reliance on Information and Data The pemittee affirms that the information, and data which he/she provided in connection with his/her permit application is true and accurate, and acknowledges that if subsequent to the effective date ofthis permit such information and data proves to be false or inaccurate, the permit may be modified, suspended or revoked in whole or in part, and that the Commissioner may, in addition, institute appropriate legal action. Development to be Commenced, Any and all development approved by this Coastal Zone Management Permit shall be commenced within twelve (12) months from the date this permit becomes effective. Failure to perform substantial work within such period and thereafter until completion of construction will cause the permit to lapse and render it null and void unless an extension is granted by the Commissioner. No ; cation of Completion. Upon completion of any activity authorized or required by this Coastal Zone Management Permit, the pennittee shall promptly so no* the Director of the Division of CZM ("The Director") and where the service of a professional engineer were required in undertaking the activity, a certification of compliance provided by the project engineer that the plans and specifications of the project and all applicable Virgin Islands Code requirements have been met, shall be filed with the Director. (h) Inspection,. The Commissioner or his authorized agents or representatives shall have the power to enter at reasonable time during projects working hours upon any lands or waters for which a Coastal Zone Permit has been issued. The Permittee shall permit such entry for the purpose of inspection and ascertaining compliance with the terms and conditions of said Coastal Zone Management Permit. The Permittee shall provide access to such records as the Commissioner in the performance of his duties under the Act may require the Permittee to maintain. Such records may be examined and copies shall be submitted to the Commissioner upon request. (i) Conditions of premises. The development authorized by this permit shall be maintained in a safe, attractive and satisfactory condition and in accordance with the description, plans or drawings approved by the Commissioner. 0) Restoration of Area, The pennittee, upon revocation or expiration ofthe permit, shall upon order of the Commissioner, and his sole discretion, remove all structures authorized by the permit and restore the area to its original condition, and/or modify such structures, and/or comply with any directive of the Commissioner in satisfying the original permit condition in such time and manner as the Commissioner may direct. 2 EFTA00595550 CZT-26-10L Notices, All notices sent or required to be sent hereunder must be certified mail, return receipt requested. If addressed to the permittor, same shall be sent to the Commissioner of the Department of Planning and Natural Resources, Cyril E. King Airport, Second Floor, St. Thomas, VI 00802 or to such place as the Permitter may herein after designate by certified mail. If addressed to the Permittee, same shall be sent to LSJ, LLC, 6100 Red Rook Quarter, Suite B, St. Thomas, USVI 00802 or to such place as the Permittee may hereinafter designate by certified mail, return receipt requested. (I) Nonwaiver One or more waivers by the Permittor of any covenant or condition of this permit shall not be construed as a waiver or breach of the covenant or condition, and the consent or approval of the Permittor to or of any acts by the Permittee requiring the Permittor's consent or approval shall not be construed as approval of any subsequent similar act by the Permittee. Revocation. It is specifically understood that all foregoing covenants and agreements, as well as other terms and special conditions hereby agreed to by Permittee, are to be well and faithfully kept by Pennittee and that any failure by Permittee to keep same will result in revocation of this permit (m) (n) Other Approva►, If the development covered under this permit requires separate and distinct approval from the United States Government or any agency, department, commission or bureau thereof then no development or occupancy is allowed under this permit until such permits or approvals have been obtained. (o) mot un If the Permittee abandons, deserts or vacates the premises or discontinues its operations at the premises for a period totaling six (6) consecutive months, then the permit will terminate automatically and be rendered null and void. (p) Damage and Repair of Premises Described in Paragraph 2 In the event of damage to or destruction of the premises described in Paragraph 2 hereof, repair work may be done only after a request to do so has been submitted in writing to the Department and permission in writing has been granted. Repair must duplicate the original work, and must be in accordance with applicable law, rules and regulations. (q) Signatures on the Permit Document The applicant shall sign and return the permit document to the Department within sixty (60) days of receipt thereof. Failure to return the signed permit within the time period specified herein will be considered a rejection of the terms and conditions of the permit and will render the offer of the permit null and void, unless a written extension is requested and granted. 3 EFTA00595551 CZT-26-10L 6. SPECIAL CONDITIONS. A. The Division of Coastal Zone Management shall be notified in writing at least forty- eight (48) hours before work commences. B. The Coastal Zone Management permit placard shall be placed in a conspicuous location on the site as soon as work commences. C. The permit is valid only for work as stated in Paragraph 2 "Scope". D. Erosion/Sedimentation control measures shall be installed and maintained until all development activities are completed. All excavated areas shall be protectively berm to prevent silt runoff. E. Site disturbance shall be limited to areas designated on the approved drawings. F. All other neeeqtAry permits shall be obtained prior to commencement of work. G. "Upon discovery of any archaeological or historical site, or human burial site or remains upon private lands, the owner or the representative shall immediately notify the State Historic Preservation Office verbally and in writing." H. The scope of Permit CZT-26-10L is confined to the footprint approved in Permit. No development activities may occur outside the footprint of the approved permit. I. Silt fencing must be installed with steel posts and wire fence support as described in the 2002 Environmental Protection Handbook. J. Permittee will meet with CZM staff to agree upon a plan that will address their concerns regarding habitat rehabilitation and restoration. 4 EFTA00595552 CZT-26-10L On this day of , 2010, the Department of Planning and Natural Resources hereby issues Minor CZM Pennit No. CZT-26-10L. Robert S. Mathes Commissioner I, the undersigned, have read and understood all terms and conditions established in Permit No. CZT-27-10L and hereby agree to be bound by the terms and conditions contained therein. Signature Dated 5 EFTA00595553 MINOR COASTAL ZONE MANAGEMENT PERMIT NO. CZT-27-10L 1. AUTHORITY. This permit is issued by the Commissioner of the Department of Planning and Natural Resources and is administered and monitored by the Department pursuant to Title 12, Chapter 21, Virgin Islands Code. As herein, "Pennine?" is the Government of the Virgin Islands and "Permittee is LSJ, LW. 2. SCOPE. This permit allows the site preparation and construction of a 1,320 sq. ft ATV garage made of natural stone. This project is located at parcel C Little St. James, St. Thomas, Virgin Islands. 3. TERM. This permit is effective upon its signing by the Commissioner of the Department of Planning and Natural Resources, pursuant to VI Code, Title 12, Chapter 21. Authorization for construction under this permit will expire if the Pe:mince fails to commence work within twelve (12) months from the date this permit becomes effective. 4. DOCUMENTS INCORPORATED BY REFERENCE. EXHIBIT A - CZM Permit Application dated April 8, 2010 EXHIBIT B - Required document submittal (deed, tax letter and maps). EXHIBIT C - Site plan and Drawings dated July 7, 2010. 5. GENERAL CONDITIONS. (a) Liability, The Permittee agrees to assume full and complete responsibility for all liability to any person or persons, including employees, as a result of its control ofthe area described in Paragraph 2 of this permit and all improvements thereon (which area and improvements are herein after referred to as" the premises') and to hold the Permittor free and harmless from civil or other liability of any kind during the time the permittee is in control of the premises pursuant to this permit. (b) Personal Property and Damage. All personal property of any kind or description whatsoever, located on the premises will be there at the Permittee's sole risk. (c) Assignments or T This permit may not be transferred or assigned except as provided in Section 910-15 of the Regulations of the Coastal Zone Management Act. (d) Permit to be displayed. A placard evidencing the permit shall be posted in a conspicuous place at the project site during the entire period of work. EFTA00595554 CZT-27- IOL (e) Reliance on Information and Data. The permittee affirms that the information, and data which he/she provided in connection with his/her permit application is true and accurate, and acknowledges that if subsequent to the effective date of this permit such information and data proves to be false or inaccurate, the permit may be modified, suspended or revoked in whole or in part, and that the Commissioner may, in addition, institute appropriate legal action. (f) Development to be Commenced, Any and all development approved by this Coastal Zone Management Permit shall be commenced within twelve (12) months from the date this permit becomes effective. Failure to perform substantial work within such period and thereafter until completion of construction will cause the permit to lapse and render it null and void unless an extension is granted by the Commissioner. (g) (h) Notification of Completion. Upon completion of any activity authorized or required by this Coastal Zone Management Permit, the pennittee shall promptly so notify the Director of the Division of C7)/vi ("The Director") and where the service of a professional engineer were required in undertaking the activity, a certification of compliance provided by the project engineer that the plans and specifications of the project and all applicable Virgin Islands Code requirements have been met, shall be filed with the Director. Inspection. The Commissioner or his authorized agents or representatives shall have the power to enter at reasonable time during projects working hours upon any lands or waters for which a Coastal Zone Permit has been issued. The Permittee shall permit such entry for the purpose of inspection and ascertaining compliance with the terms and conditions of said Coastal Zone Management Permit. The Pennittee shall provide access to such records as the Commissioner in the performance of his duties wider the Act may require the Pennittee to maintain. Such records may be examined and copies shall be submitted to the Commissioner upon request. Conditions of premises. The development authorized by this permit shall be maintained in a safe, attractive and satisfactory condition and in accordance with the description, plans or drawings approved by the Commissioner. Restoration of Area. The permittee, upon revocation or expiration of the permit, shall upon order of the Commissioner, and his sole discretion, remove all structures authorized by the permit and restore the area to its original condition, and/or modify such structures, and/or comply with any directive of the Commissioner in satisfying the original permit condition in such time and manner as the Commissioner may direct. 2 EFTA00595555 CZT-27-10L (k) Notices. All notices sent or required to be sent hereunder must be certified mail, return receipt requested. If addressed to the permittor, same shall be sent to the Commissioner of the Department of Planning and Natural Resources, Cyril E. King Airport, Second Floor, St. Thomas, VI 00802 or to such place as the Permitter may herein after designate by certified mail. If addressed to the Pemittee, same shall be sent to LSJ, LLC, 6100 Red Hook Quarter, Suite B, St Thomas, USVI 00802 or to such place as the Permittee may hereinafter designate by certified mail, return receipt requested. (1) Nonwaiver. One or more waivers by the Permittor of any covenant or condition of this permit shall not be construed as a waiver or breach of the covenant or condition, and the consent or approval of the Permittor to or of any acts by the Permittee requiring the Permittor's consent or approval shall not be construed as approval of any subsequent similar act by the Pennittee. (m) Revocation, It is specifically understood that all foregoing covenants and agreements, as well as other terms and special conditions hereby agreed to by Perrnittee, are to be well and faithfully kept by Permittee and that any failure by Permittee to keep same will result in revocation of this permit. (n) Other Avproval. If the development covered under this pennit requires separate and distinct approval from the United States Government or any agency, department, commission or bureau thereof then no development or occupancy is allowed under this permit until such permits or approvals have been obtained. (o) Abandonment If the Permittee abandons, deserts or vacates the premises or discontinues its operations at the premises for a period totaling six (6) consecutive months, then the permit will terminate automatically and be rendered null and void. (p) Damage and Repair of Premises Described in Paragraph 2.1n the event of damage to or destruction of the premises described in Paragraph 2 hereof, repair work may be done only after a request to do so has been submitted in writing to the Department and permission in writing has been granted. Repair must duplicate the original work, and must be in accordance with applicable law, rules and regulations. (q) Signatures on the Permit Document. The applicant shall sign and return the permit document to the Department within sixty (60) days of receipt thereof Failure to return the signed permit within the time period specified herein will be considered a rejection of the terms and conditions of the permit and will render the offer of the permit null and void, unless a written extension is requested and granted. 3 EFTA00595556 CZT-27-10L 6. SPECIAL CONDITIONS. A. The Division of Coastal Zone Management shall be notified in writing at least forty- eight (48) hours before work commences. B. The Coastal Zone Management permit placard shall be placed in a conspicuous location on the site as soon as work commences. C. The permit is valid only for work as stated in Paragraph 2 "Scope". D. Erosion/Sedimentation control measures shall be installed and maintained until all development activities are completed. All excavated areas shall be protectively berm to prevent silt runoff. E. Site disturbance shall be limited to areas designated on the approved drawings. F. All other necessary permits shall be obtained prior to commencement of work. G. "Upon discovery of any archaeological or historical site, or human burial site or remains upon private lands, the owner or the representative shall immediately notify the State Historic Preservation Office verbally and in writing." H. The scope of Permit CZT-27-10L is confined to the footprint approved in Permit. No development activities may occur outside the footprint of the approved permit. I. Silt fencing must be installed with steel posts and wire fence support as described in the 2002 Environmental Protection Handbook. J. Pennittee will meet with CZM staff to agree upon a plan that will address their concerns regarding habitat rehabilitation and restoration. 4 EFTA00595557 CZT-27-10L On this day of , 2010, the Department of Planning and Natural Resources hereby issues Minor CZM Permit No. CZT-27-10L. Robert S. Mathes Commissioner I, the undersigned, have read and understood all terms and conditions established in Permit No. CZT-27-10L and hereby agree to be bound by the terms and conditions contained therein. Signature Dated 5 EFTA00595558