Kellerhals Ferguson Kroblin PLLC Royal Palms Professional Building. 9053 Estate Thomas. Suite 101. St. Thanes. V.1.00802 340.779.2564 Telephone I 1.888.316.9269 Fax I www.kellfer.com November 16, 2016 Via Hand Delivery & Electronic Mail Michele Baker, Esq. Legal Counsel Division of Coastal Zone Management 8100 Lindberg Bay, Suite 61 Cyril E. King Airport Terminal Building. 2nd Floor St. Thomas, VI 00802 [email protected] Re: Notice to Cure & NOVA-04-16-STT Dear Attorney Baker: I wanted to follow up with you on some items regarding the Notice to Cure that we had intended to discuss during our meeting that was originally scheduled for today. As that meeting has been postponed at your agency's request, I have included a brief summary of our questions or concerns and provided an update where applicable. I would appreciate your responding to me in writing after you have an opportunity to review and discuss among your team. Section VI of the Notice to Cure requires the removal of the "development and structures" listed in section 7 of the Notice to Cure 7.A. A concrete pad, approximately 73 feet in diameter and 14" in depth. • The pad has been demolished and is presently being removed. A permit application for the terrace will be submitted to DPNR with appropriate drawings. 7.B. A new access road cut and a retaining wall to facilitate vehicular access to the concrete pad. • This road is not new and was part of the roads/pathways encompassed by the Settlement Agreement previously entered into by the parties. See photo number 22 attached to NOVA-04-16-STT 7.C. A new foundation laid not previously approved for development to the left of the tennis court which was intended to serve as the foundation for a new storage building. • The materials associated with the forming of the foundation have been removed and the appropriate permit application will be submitted to DPNR shortly. 7.D. Two fuel storage tanks with an approximate capacit