SETTLEMENT AGREEMENT BETWEEN THE GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PLANNING AND NATURAL RESOURCES AND NAUTILUS, INC. WHEREAS, the Complainant, the Department of Planning and Natural Resources (DPNR), is responsible for the administration and enforcement of laws and regulations pertaining to the protection and preservation of the coastal resources of the United States Virgin Islands, including the Coastal Zone Management Act (hereinafter "the CZM Act"), Title 12, Chapter 21, of the Virgin Islands Code; WHEREAS the Division of Coastal Zone Management (CZM) is a division of DPNR; WHEREAS, Respondent, Nautilus, Inc. thereinafter "Respondent") is a duly registered limited liability company conducting business in the United States Virgin Islands. WHEREAS, Respondent is a person as that term is defined in Section 902 of the Coastal Zone Management (CZM) Act. WHEREAS, Respondent is the owner of property described as Little St. James Cay, on St. Thomas, Virgin Islands (hereinafter "the Property"). WHEREAS, Little St. James Cay is located within the first tier of the Coastal Zone. WHEREAS, on or about December 8, 2011 personnel from the divisions of Coastal Zone Management and Fish and Wildlife conducted a site visit at Little St. James Cay. WHEREAS, upon inspection personnel found excavation at the shoreline and that near shore soil disposal at the cay had occurred. WHEREAS, further inspection revealed track hoe operations at the northern point of Little St. James, Cay. EFTA00543885