Fwd: PERMIT TIME TABLE

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<jeeproject@yahoo.com>

From Amerling

Darren K. Indyke
Attorney-At-Law
457 Madison Avenue
4th Floor
New York, New York 10022
Tel: 212-750-1176
Fax: 212-750-0381
e-mail: dkiesq@aol.com

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From:	John Amerling <john_amerling@earthlink.net>
Subject:	PERMIT TIME TABLE
Date:	Fri, 11 Apr 2008 15:30:57 GMT
To:	DKIESQ@aol.com

Enclosed is the document which you requested. I am faxing it along with this note. Please note:

1. The durations are fixed on what the regulations require and, in some cases what the literature concerning filing says will happen without being bound to do so, such as how long DPNR will take on a Minor decision

2. There are many places where the dates can slip, i.e., if ACOE requests more information the times are extended by the amount of time responding takes

3. The ACOE can hold a hearing on the application although that is unusual and, to date, has not in the offing

4. The federal public notice provisions can be waived, but I think this very unlikely given the past history and the fact that local Fish & Wildlife have been so vocal in their criticism of what is going on on-island.

5. This chart is oversimplified: for example a water quality certification may be required; to date we have been told that the existing determination on file is sufficient

6. THE BIG OPPORTUNITY TO HORSE AROUND HERE IT THE PROCESS OF DEEMING THE APPLICATION COMPLETE; THE OTHER PROBLEM COULD BE THAT DPNR MIGHT SAY THAT WE SHOULD SUBMIT A MINOR APPLICATION ON A SEPARATE DOCUMENT FROM THE 935; REMEMBER I TOOK UP THESE SUBJECTS WHEN I MET WITH DPNR WITH DAPHNE AND MONIQUE AND THE ANSWER SEEMED TO BE FILE THE 935 AND THAT WILL DO IT, MAYBE.

My billing rate at Sanford & Amerling is currently $ 225 an hour.

Is this e mail and the enclosure sufficient to close out our negotiations?

Lafayette Contractors, LLC

6100 Red Hook Quarters, Suite A2-7

St. Thomas, VI 00802

340 779-8054 (O)

340 779-8055 (FAX)

340 690-7194 (Cell)

<jeeproject@yahoo.com>

Regarding the CZM permit for the existing compound, John forwarded it to me yesterday and I have given it to Rahnna to fax to you. I am checking it against the application to make sure that everything requested in the application was granted in the permit.

I note that in the conditions section of the permit, there appears to be a fairly onerous reporting and monitoring requirement. When John sent me the permit, he told me that all the conditions were standard. Because I had never seen that particular onerous condition in any of our other permits, I asked John about it again and he told me that Brathwaite, who was at CZM when John picked up the permit, told John that this condition is what CZM is doing on their permits now. Obviously, I have no way of knowing whether John is reporting accurately about Brathwaite.

Also regarding Brathwaite, John told me that he reminded Brathwaite about the outstanding Release from CZM and Brathwaite promised John that Brathwaite would get it done as soon as Brathwaite had a chance to do so.

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From:	John Amerling <john_amerling@earthlink.net>
Subject:	PERMIT TIME TABLE
Date:	Fri, 11 Apr 2008 15:30:57 GMT
To:	DKIESQ@aol.com

Enclosed is the document which you requested. I am faxing it along with this note. Please note:

2. There are many places where the dates can slip, i.e., if ACOE requests more information the times are extended by the amount of time responding takes

3. The ACOE can hold a hearing on the application although that is unusual and, to date, has not in the offing

5. This chart is oversimplified: for example a water quality certification may be required; to date we have been told that the existing determination on file is sufficient

My billing rate at Sanford & Amerling is currently $ 225 an hour.

Is this e mail and the enclosure sufficient to close out our negotiations?

Lafayette Contractors, LLC

6100 Red Hook Quarters, Suite A2-7

St. Thomas, VI 00802

340 779-8054 (O)

340 779-8055 (FAX)

340 690-7194 (Cell)

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PERMIT TIMETABLE.pdf 33 KB

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