Today I was advised of a problem with the dock filing
locally. As you may recall we just filed and joint application for after
the fact approval of the dock, the dock intake line and the bulkhead with the
ACOE. They are happy with the filing. I then went to file the counterpart with
the locals and was told there might be a problem with the fact that the intake
line has been in operation before the permit was issued as they already know.
DPNR wanted to come see the line and did so today. I met them at the island.
The following is the background and the current status:
1.
Prior to my watch the consultants filed for permission
for approval of a temporary intake line which, apparently, had been put into
service off the dock by the island without a request for a permit some years
ago; it operated for a long time and was the subject of the EAR which was
submitted in 2005 when McComb and crowd sought to get the ACOE and all dock
problems off the mark
2.
On August 30, 2006, while I was still with RR, DPNR
came out to the island, J.P. Oriole (water) and Algem Peterson (land); you may
recall the JEE was there and participated in the meeting; JEE will recall what
I am relaying below
3.
At that time we went over the line, changes to the
barge landing area and other issues on the water side such as the floating dock
and swim platform: J.P., in JEE’s presence, asked that all projects be
wrapped into a request for an amendment to the existing dock permit which had
been locally approved, but which was still the subject of the unresolved ACOE
violation; we were told that that filing should be made after the fact when we
finally go ACOE to agree to hear our application
4.
At the same time Algem said that we should consolidate
all of our CZM permit requests under one file number which she gave me and each
would be treated as a minor modification
5.
I relayed all this both to McComb and Jamie Casner
6.
For the next year we filed and obtained a number of
minor amendments; in the approved drawings for each we showed the intake line
to make sure that we were covered until the ACOE matter was resolved as
suggested by J.P.
7.
When we filed for the RO/Gen permit last September I visited
J.P. asking again how to deal with the line since we could still not then file
for a permit with the ACOE violation still pending, but it appeared that I was
going to be able, finally, to get an audience at ACOE; he again advised that we
should seek an amendment to the dock permit when ACOE was resolved;
8.
In November we came to terms with ACOE; in early
December I took the forms to DPNR and went over with J.P. how to present our
requests now that the logjam had been broken: he advised that we file a joint application
on Form 935 and request approval of the line by letter to the CZM committee
asking for an amendment to the Dock permit.
9.
I prepared the forms and called JP, went over the
filing again and asked him to compute the fee; he did; I got a check from
Rich and I went to file at the agency; I was told that CZM wanted to come out
and look at the line today
10.
Today they indicated that they would have to issue a
notice of violation which we would have to clean up before they processed the
filing which I was making; I claimed foul since JP had not only suggested but
blessed what we were doing; it was, however, pointless to get overly aggressive
since we have to live with these guys
11.
I have investigated the background to find the following:
a. Lovango
Cay is in exactly the same position as we are concerning and ro line under
their dock
b. A
federal audit in December concluded that the local agency should do more fining
than trying to work things out
c. So
the agency is into fining, but there may be ways to do something in lieu of a
fine which is what Paul Hoffman did in the past as I understand it.
12.
Fines are not desirable and once a fine is levied the
past becomes prologue for future problems; I suspect that the fine here will be
$10,000 or less, but I really do not know
13.
I have called Tom Bolt to see how they are handling
this problem; our case differs in that we want to have this go away quickly so
that we finish this drawn ACOE process
14.
I have not heard back yet from Tom; the notice of
violation will be issued in a day or two and I will be asked to come down to
pick it up; their counsel is reasonable and wants to get this out of the way
asap; the situation is infuriating since we told them what the problem was and
followed their suggested solution; JP was embarrassed if that means anything
15.
This too will pass ultimately, but it will take a little
time to iron out; in the meantime its pendency will not affect our pending land
side permit request for changes to the existing compound; we are fully
permitted for the office and the RO/Gen building
I have given you a lot of information here, but I thought it
the best way to set the table for a call at your convenience.
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)
