Meeting with Brathwait and Oriole

<john_amerling@earthlink.net>

<jeeproject@yahoo.com>

John,

I need to make this very clear. No one, including you as our local CZM attorney, is to even ask for a meeting with CZM before clearing it through JEE (i.e., me). Asking for a meeting and canceling if JEE does not approve is not the same thing and is equally inappropriate. Also, two professionals must attend any CZM meetings on JEE's behalf, and one of them must be me, unless JEE determines otherwise. These rules are absolute and must be followed to a tee.

I understand from you that you have already asked for a meeting with Brathwaite and JP Oriol regarding both the release for the violation and the procedures required to clean up the necessary water approvals (ACOE and CZM) for the dock, rip rap, intake line, bulkhead, etc.. I understand from you that CZM has called back to schedule the meeting tomorrow and although you may cancel the meeting by calling tomorrow morning, if you do, you could very likely lose the ability to work with the same personnel on the CZM side who originally advised you on the process for finalizing all the approvals necessary for the dock. Based on what you have told me, you should go to the meeting, but:

1. Bring Monique to take detailed notes and prepare minutes (for our internal purposes only and not to be offered to or shared with CZM without JEE/DKI approval) of what transpires at the meeting.

2. Do not volunteer any information about LSJ or suggest procedures about how to clean up and finalize things. ASK what they want step by step so that we can fully comply because what we want to do is make sure we comply with their requirements.

If they want something more than they originally promised you, do not argue. Report that back to me and we will discuss as a group how to address the inconsistency. If something is unclear then ask for clarification, but do not volunteer your own interpretation and don't assume you know what they intend. Have them clarify if possible.

Please make sure that Monique is prepared to take very careful notes.

Thanks.

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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