Bryan Sends “Consolidated and Modified” Permit to Legislature

In the last chapter, the Legislature had correctly determined that the permits presented to them in early 2019 were fatally flawed.  They did not conform to the order from BLUA for “consolidation” and they did not reflect the extensive changes made in the project as a result of the sale of two central parcels.

The letter from the Legislature specifically stated that “the marina project proposed by Summer’s End Group, LLC has not been yet submitted for CZM review, thereby rendering this permit and all related processes invalid.”  But apparently Summers End did not want to risk going back to the St John CZM Committee, as required by law, and potentially have their permit rejected.  So they looked for a way to circumvent CZM to “fix” the major problems in their permits.

Remember, those problems were entirely a result of SEG’s own actions and inactions:

  • SEG failed to obtain the legally required proof of legal interest and landowner permissions, leading to the sale of two parcels.
  • SEG submitted major project modifications in 2017 and 2018 to the Army Corps but decided NOT to submit them to CZM.
  • SEG failed for three years to “consolidate” the land and water permits as ordered by the Board of Land Use Appeals.

Chaliese hatched a strategy:  she would cite an emergency permit enforcement statute in the CZM law which gave the Governor the power to modify or revoke a permit when activity taken under the permit was risking damage to the environment, and action was required to protect the public welfare.  She would argue that, although it had never been done before, the Governor could use this authority to “consolidate and modify” the 2014 permits to “fix” all of her problems with the Legislature.  Bold.  Unprecedented.  And illegal.

Ms. Summers wrote to Governor Bryan on December 3, even before the Legislature’s letter which would arrive a week later, and essentially said that she had rewritten her permits, and wanted him to approve and send to the Legislature.  This is not how the law states that CZM permit revisions are done.

Even as SEG dug a deeper hole from themselves, continuing to circumvent and bypass CZM laws and regulations, they apparently believed they were winning.  Little did they realize that all of this “winning” would eventually amount to nothing, but they picked a plan and stuck with it.  At any time SEG had the choice to do as EVERY OTHER DEVELOPER in the Virgin Islands had done before, and simply submit their project changes to CZM for review, but Summers End acted as if they believed that law DID NOT APPLY TO THEM.

Governor Bryan forwarded a “Consolidated CZM Permit” to the Legislature on December 18, 2019, together with a “letter of modification” and revised marina drawings, and requested that the Legislature ratify the documents.

The actions of Governor Bryan, in coordination with Chaliese Summers, set off a series of events which would, over the next few years, ultimately result in the Summers End Group having NO CZM PERMIT, and no path forward other than to resubmit their entire proposal to CZM for review.