Fwd: Existing Compound

<jeeproject@yahoo.com>

John Amerling's explanation of the letter he received from Matthes today regarding the status of the application to modify the minor permit for the existing compound.

Sincerely,

Darren K. Indyke
Attorney-At-Law
457 Madison Avenue
Fourth Floor
New York, New York 10022
Telephone: 212-750-1176
Telecopier: 212-750-0381
Mobile: 862-485-6315
e-mail: dkiesq@aol.com

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From:	John Amerling <john_amerling@earthlink.net>
Subject:	Existing Compound
Date:	Fri, 25 Jan 2008 18:50:18 GMT
To:	DKIESQ@aol.com, 'Doug Schoettle' <daschoettle@yahoo.com>, Charles Miller <cmi3540012@aol.com>

I received, moments ago, a letter from CZM stating that they had determined that the minor modification to the existing minor for the existing compound should be treated as a major permit. I called the Commissioner and had a very reasonable conversation with him including his expressing surprise that we have not been advised that this was coming since he had taken a ride around the island in December, thought things looked ok. When he talked to Algem after the ride she said that we had great relationships and were trying to do the right thing. He suggested that using his name we talk to Janet Hodge, the unit Chief immediately. She is out today and will be in Monday. I left a message.

On the merits I discussed with Commissioner Mathes, and he seemed puzzled by, the question of why a modification to an approved minor permit which actually reduced the size and scope of the approved minor permit could now be transformed into a major.

I should note that I first called Winston Braithwaite about this and he professed to know nothing because he only handles violations. I believe that he was truthful. He directed me to the Commissioner and gave me his number on STX where he is today.

Several ways to handle this have occurred to me. I suggest that I identify them and we talk first thing on Monday about what they are.

You should be aware that the letter cites the numerous other permits and activities on the island as one of the grounds for the determination. Commissioner Mathes alluded to the question of stripping the middle beach of vegetation as part of what he looked at during his trip around the island. All this obviously means that we must exercise great care in all collateral projects on the island outside the permitted ones to make sure that they are not used against us.

I can and will develop positions and alternatives in writing but we must figure out a way to communicate them under the protection of the attorney client privilege.

I am faxing the letter to Darren.

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)