<table><tr><th>From:</th><th>Erika Kellerhals &lt;</th></tr><tr><td>Sent:</td><td>Wednesday, February 28, 2018 10:38 PM</td></tr><tr><td>To:</td><td>Jeffrey E.; Amy Dempsey</td></tr><tr><td>Subject:</td><td>FW: Great and Little St. James (UNCLASSIFIED)</td></tr></table>

Erika Kellerhals
Member

Royal Palms Professional Building
9053 Estate Thomas, Suite 101
St. Thomas, VI 00802

Tel:
Cell:
Fax:
email:

Notice: This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, re-transmit, disseminate, or otherwise use this information. Also, please indicate to the sender that you have received this e-mail in error, and delete the copy you received. Thank you.

Email on 2/28/18 regarding dock applications:
*   Classification: UNCLASSIFIED
*   Shallow Bay dock USACE application should indicate compensation for the proposed dock is removal of the current dock.
*   LSJ dock was never officially resolved. Case closed with enforcement discretion; configuration remains out of compliance. Mr. Epstein can retain.

>dock out of compliance, but it was my intention to assist in returning >every structure and wetland on the islands back to an in-compliance status.

>

>Lastly, typically the USACE needs three indicators to make a wetland >determination including soil, plants, and hydrology; however, if we >have a difficult soil situation (i.e. 3 feet of river rock placed on >top of the soil) we can use 2 of 3. Atypical fill material, for the >location, was covering mangroves immediately adjacent to a salt pond, >providing 2 of the 3 components needed to document a 404 fill >violation. The survey will document the extent of the violation which I >do not anticipate to be much.

>

>Again, I am here to facilitate this process. Feel free to contact me if >you have any questions.

>

>Very respectfully,

- Header line: "-----Original Message-----"
- Subject (from surrounding text): "[Non-DoD Source] Re: Great and Little St. James (UNCLASSIFIED)"
- From: Erika Kellerhals [mailto: (redacted)]
- Sent: Wednesday, February 28, 2018 7:07 AM
- To: (multiple recipients redacted); Amy Dempsey <(redacted)>
- Cc: multiple entries redacted
- Additional visible fragment: "(US) <(redacted)>"
- Image contains extensive black-bar redactions hiding most email addresses and names.

Subject: [Non-DoD Source] Re: Great and Little St. James (UNCLASSIFIED)

Jonathan - thank you for your email. We are planning the temporary barge landings removal to take place in the next two weeks. We were unable to source the curtains needed to do the removal as planned and were further hampered by the swells and rain we have had. We will send photos confirming removal as soon as it is completed.

With respect to the Shallow Bay dock, as discussed, we cannot remove that dock until we have secured the dock permits we've requested as it is the only access to the island. With respect to the LSJ dock, we believed that the matter was resolved almost 15 years ago. We are reviewing our files to determine how this matter was handled. You indicated that you were going to review your files to see you had any documentation regarding the configuration and settlement. Did you have any luck?

Amy has requested copies of the wetland delineations from the surveyor so that we can determine where, if anywhere, fill issues exist and finally we will address the mitigation in our after the fact permit. We anticipate him providing those to us this week.

We anticipate having a full mitigation plan in place for discussion once we can have an opportunity to review the wetland delineations further.

We appreciate your assistance with EPA and will keep you posted as to the progress.

Erika A. Kellerhals
Member
Kellerhals Ferguson Kroblin PLLC
Royal Palm Professional Building
9053 Estate Thomas, Suite 101
St. Thomas, VI 00802
Tel:  <tel:>
Fax:  <tel:>
email: 

Notice: This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, re-transmit, disseminate, or otherwise use this information. Also, please indicate to the sender that you have received this e-mail in error, and delete the copy you received. Thank you.

>

>

>

On 2/27/18, 11:56 AM, " " <<blackened out>> wrote:
CLASSIFICATION: UNCLASSIFIED

Amy,

Have you made any progress on a proposal that will return Little and Great St. James back into compliance with section 10 and 404 regulations.

I recall the necessary actions to be:

Removal of 2 barge landings, replace riprap above MHW, remove 1 dock and alter the other to match permitted configuration, remove fill from perimeter of identified wetlands, request an after the fact permit for the section of road that passed through the wetland, and propose onsite mitigation compensation for impacts.

Mitigation possibilities discussed included: the installation of permanent upland retaining wall to prevent road erosion, planting mangroves, adding a culvert under the unauthorized road to improved flushing, repair seagrass habitat, removal of unauthorized structures or storm related grounded vessels, and et cetera. It is important the mitigation plan is sufficient to offset the damages documented; however, we are giving Mr. Epstein the flexibility to choose how he wants to improve his islands so long that the compensation can be justified.

Lastly, we have a meeting with the EPA on Thursday and one topic on the agenda is Mr. Epstein's islands. I am preparing to tell them we are making progress to resolve the issues and they do not need to be involved, but I need a progress report and/or assurance we are still in agreement. As soon as work is initiated I will begin to remove restrictions on processing proposed activities. Thus far, I am grateful everyone has been welcoming and is seemingly adaptable to execute

4

>practical solutions to resolve the issues documented.

> Very respectfully,

[REDACTED]  
[REDACTED]  
[REDACTED]

CLASSIFICATION: UNCLASSIFIED

>CLASSIFICATION: UNCLASSIFIED

Notes:
- Multiple leading ">" quote markers present down the left margin.
- Three black redaction bars (likely name/title/contact lines).

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