NAUTILUS, INC. 6100 Red Hook Quarter, B3 St. Thomas, USVI 00802 October 31, 2014 Department of Planning and Natural Resources Division of Environmental Protection Cyril E. King Airport Terminal Building, Second Floor St. Thomas, USVI 00802 Re: Little St. James Terminal Facility License Ladies and Gentlemen: On behalf of Nautilus, Inc., the sole owner of the private residence known as Little St. James, in an abundance of caution, we submit the enclosed application to renew a terminal facility license pursuant to Section 706 of the Oil Spill Prevention and Pollution Control Act (12 V.I.C. §§701, et seq.) (the "Act"). However, we believe that the original request to obtain a terminal facility license for the fuel storage tanks and pumps located on Little St. James, and the subsequent renewal of the same, has been the result of a misunderstanding of the manner and purposes of use of those storage tanks and fuel pumps. For the reasons discussed below, we respectfully submit that they do not fall within the definition of a "terminal facility" under Section 703 of the Act, and therefore are not subject to licensing under Section 706 of the Act Section 706 of the Act only requires a terminal facility license for the ownership or operation of a "terminal facility." A "terminal facility" is defined in Section 703 of the Act as: Any waterfront facility of any kind ... and related appurtenances located on land ... which facility and related appurtenances are used or capable of being used for the purpose of drilling for, pumping, storing, handling, transferring, processing or refining oil or other pollutants. Section 702 of the Act, which states the legislative intent of the Act, clarifies that the "waterfront facility and related appurtenances located on land" that the Legislature intended to be licensed by the Department of Planning and Natural Resources were solely (1) vessels engaging in pollutant transfers with other vessels, (2) onshore