Permit_4_USACE.pdf

Regulatory Division Special Projects and Enforcement Branch Enforcement Permits Section

SAJ-1996-01459 (SP-JCM)

Gustav James, Commissioner U.S. Virgin Islands Department of Public Works 8244 Subbase, Charlotte Amalie St. Thomas, USVI 00802

Dear Mr. James:

We have completed our review of your Department of the Army permit application SAJ-1996-01459 (SP-JCM) for the Veterans Drive Improvements Project. The project is located at Charlotte Amalie, St. Thomas, U.S. Virgin Islands.

Although the U.S. Army Corps of Engineers (Corps) is prepared to take final action on the application, by Federal law no final action can be taken until the U.S. Virgin Islands Department of Planning and Natural Resources (USVI-DPNR) has concurred with an applicant's Coastal Zone Management (CZM) consistency determination or concurrence has been presumed. In the U.S. Virgin Islands receipt of a CZM permit from the USVI-DPNR is equivalent to CZM consistency determination. Per our previous communications, the USVI-DPNR is currently evaluating a modification to the project’s CZM permit. If the USVI-DPNR fails or refuses to act within 6 months from the date the CZM permit modification request was considered complete, the CZM consistency will be automatically waived or considered presumed, and the Corps will take final action on the permit application.

Once the USVI-DPNR has concurred with your CZM consistency determination, you will need to provide us with a copy of the CZM certification or permit. Upon receipt of USVI-DPNR approval or waiver, final action on the Department of the Army permit application will be taken, providing the USVI-DPNR’s approval or waiver is furnished within one year of the date of this letter; and, there have been no significant changes in the Corps' evaluation policies during that period or any significant project modifications.

Conditions of the CZM concurrence or permit will become conditions to any final Department of the Army permit. Should the USVI-DPNR's action on the required certification or concurrence approve a project different from that shown on the current application, a modification to the application will be required. Please notify us when you submit copies of the USVI-DPNR certification/permit of any such changes. Substantial

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

ANTILLES OFFICE

ANNEX BLDG., FUND. ANGEL RAMOS, SUITE 202

383 F.D. ROOSEVELT AVE.

SAN JUAN, PUERTO RICO 00918

May 9, 2017

REPLY TO

ATTENTION OF

-2-changes may require a new permit evaluation process, including issuance of a new public notice.

If the USVI-DPNR does not concur with your CZM consistency determination, then the Department of the Army permit could be denied without prejudice. If you should subsequently obtain a CZM consistency determination concurrence, you should contact this office to determine how to proceed with your permit application.

You are cautioned that commencement of the work prior to Department of the Army authorization would constitute a violation of Federal laws and subject you to further enforcement action. Receipt of a permit from the USVI-DPNR does not obviate the requirement for obtaining a Department of the Army permit prior to commencing the work.

Any questions concerning the application should be directed to José A. Cedeño- Maldonado at the letterhead address or by telephone at 787-729-6944.

Sincerely, for Donald W. Kinard Chief, Regulatory Division

Copy Furnished:

USVI-DPNR-CZM