I won’t speculate on what Ms. Summers and the Summers End Group may do next. Without a valid CZM permit the US Army Corps of Engineers CANNOT issue a federal permit. This is explicit in the federal Coastal Zone Management Act. We’ve written a lengthy memorandum to the Army Corps explaining how Summers End does not have a permit valid for federal coastal consistency and, in fact, had NEVER had a valid permit for federal consistency.
Pursuant to the federal Coastal Zone Management Act only the “designated agency” – which, in the case of the USVI, is the Coastal Commission actiing through the island CZM Committees – is authorized to approve a federal action for CZM consistency. The Governor cannot. The Legislature cannot. The DPNR Commissioner cannot. The federal statute is clear.
If SEG wants to continue on this close to 15-year ill fated journey they will need to submit a permit modification request to DPNR who will review it for completeness and once complete submit to the CZM Committee for review. The submission will need to reflect the project as currently proposed to the Army Corps, including all of the changes made since 2014 – the new footprint, the boardwalk, the historic shipwreck, the new mitigation, all modifications – and new environmental assessment of the consolidated land and water components.
Only when this is done and approved can the project move forward legally.
We will always be on the watch, ever vigilant, to be certain that we can