Save Coral Bay Campaign Members File Appeals with BLUA Against Summers End Group Mega-yacht Marina

A message in a bottle.

 

On the heels of filing two appeals against Summers End Group’s permits to construct a mega yacht marina and major shore-side development, Save Coral Bay campaign organizers continue to spread their message.

“We’re working to get the message out, particularly to visitors to the island who want to know about anything that might impact their preferred getaway destination,” said David Silverman, a community activist and one of the main Save Coral Bay campaign organizers. “People come to Coral Bay because it’s quiet, because it’s not over-built and because of the proximity to the V.I. National Park resources. These people ought to know that this is not something that is guaranteed; this is something that we have to work to preserve.”

The Summers End Group plans to construct a 145-slip mega yacht marina that would take up more than 40 acres of Coral Bay harbor. The group’s shore-side development plans include a restaurant, apartments, parking facility, office and commercial spaces.

The developers were granted a major water trust permit and a major land use permit for the project by the Department of Planning and Natural Resources’ Coastal Zone Management Committee in October.

In response to CZM’s decision, a group of neighbors, former residents and Coral Bay fans united to fight the development. The Save Coral Bay Fund was launched on November 1 at www.gofundme.com/coralbay, and has already garnered more than $75,000 for the group’s legal fees.

A bumper sticker campaign has also helped to raise awareness and money for the campaign and Save Coral Bay organizers operate a popular Facebook page and up-to-date website to keep people informed on the mega marina project and the fight to stop it.

In mid-November, the Save Coral Bay campaign took its first legal actions against the development. In collaboration with the V.I. Conservation Society, the group filed two appeals with the Board of Land Use Appeals against Summers End Group, explained Silverman.

“We filed two appeals on November 14,” said Silverman. “We filed an appeal of the major water permit which was granted by CZM on October 1 and an appeal of the major land permit which was decided on October 1 and signed on October 24.”

Representing Save Coral Bay in the cases are former CZM staff Attorney Jennifer Jones and veteran St. Croix-based environmental lawyer Attorney Andy Simpson.
In their appeal of the land permit, Save Coral Bay and VICS members allege that Summers End Group has no proof of legal interest to develop the land and that CZM Committee member Brion Morrisette had “a glaring conflict of interest.”

Attorney Morrisette, with his partner Robert O’Connor, possesses several leases for Coral Bay properties, which happen to be the site of Summers End Group’s proposed shore-side development.

Although Morrisette recused himself from voting on the permit, the St. John attorney’s presence at CZM Committee meetings on the development enabled the group to form a quorum and vote.

“The public hearing and decision meeting were clearly held upon unlawful procedure,” according to Save Coral Bay’s Notice of Appeal to BLUA for the land permit. “Commissioner Morrisette participated in both hearings by establishing a quorum, sitting through the hearings, and on at least two occasions, whispering to the Chairman during the public hearing. Moreover, he helped SEG’s application process by giving a power of attorney to SEG to apply for the permit.”

“The right to develop the property remained with Morrisette and O’Connor,” according to the group’s BLUA appeal. “Thus, as one of the lessees of the property who stands to benefit if the project goes through, Mr. Morrisette should not have participated in any way with the SEG application and should have disqualified himself or been disqualified by the Chairman.”

The appeal also alleges that the land and water permits, since the two parts of the developments are entirely dependent upon each other, should have been combined in order to offer a comprehensive picture of the cumulative impacts of the project.

Save Coral Bay’s appeal of the development’s water permit alleges that Summers End Group’s application was incomplete because — in addition to numerous other shortcomings — it lacked relevant water quality data, reliable wave studies and feasible mitigation measures to reduce impacts.

After filing its appeals, Save Coral Bay got a boost from Friends of V.I. National Park, Silverman explained.

“On November 19, we got a letter of support from Friends of V.I. National Park,” he said. “They sent a letter out to all 15,000 of their members very clearly expressing their concerns that the marina could impact National Park resources, the waters of Hurricane Hole and the Coral Reef National Monument which all surround this marina.”

“Friends of VINP made it very clear to their membership that they are concerned about this and as a result we got a huge response in terms of activity on our website,” said Silverman.

Save Coral Bay gained national recognition thanks to the National Parks Conservation Association, Silverman added.

“The National Parks Conservation Association with 400,000 members, have come out and agreed to take up our cause,” said the community activist. “They are concerned about the threat this marina poses. Getting national support for our little Coral Bay is very, very heartwarming.”

“It’s good to know that we’ve been able to shout loud enough that there is no place for a mega marina nestled in and surrounded by National Park resources,” said Silverman.

And Save Coral Bay is not the only entity which has filed an appeal of Summers End Group’s permit. On November 24, Emmaus Moravian Church officials — who have Coral Bay marina and shore side development plans of their own — filed an appeal with BLUA against Summers End Group’s mega marina.

The church’s appeal alleges that the CZM should have consolidated the water and land permits and that the project fails to incorporate mitigation measures to the maximum extent feasible.

Now with two appeals to consider, BLUA should schedule a hearing within the new few months, explained Silverman.

“According to the code, BLUA has 60 days in which they are supposed to respond, but they don’t have to and they often don’t,” he said. “I would not at all be surprised if BLUA chooses to consolidate the appeals rather than hear them separately. There is a good chance they will have one hearing for the two appeals and I would expect them to schedule a hearing within the next few months.”

Summers End Group’s permits are essentially on hold until BLUA issues a decision on the appeals, according to the Virgin Islands Code. Once it hears the cases, BLUA can either send the permit back to CZM for further review, add conditions or  leave the permit unchanged. Save Coral Bay officials are confident that BLUA will agree with their arguments against the permit, according to Silverman.

“We are very confident, given the weight of multiple appeals and the sound arguments laid out in the appeals, that BLUA will do the right thing and return the permit for further review by CZM,” he said.

In the meantime, the group continues to watch the territory’s top brass and legislature’s actions.

Governor John deJongh, who will be replaced in January by Governor-elect Kenneth Mapp, has already signed Summers End Group’s water trust permit and urged members of the senate to act quickly on the permit.

The normal route for a water trust permit is to proceed through the Committee on Economic Development, Agriculture and Planning before being heard before the full legislature. With only a few weeks left for members of the 30th Legislature, Save Coral Bay organizers are keeping an eye on the senate agendas.

“We are watching closely what is going on in the legislature,” said Silverman. “We are prepared to submit letters and testimony to the senate committees and legislature at the appropriate time.”

Save Coral Bay members have met with officials from the Army Corps of Engineers, which must approve Summers End Group’s mega marina before construction begins.

“We have also met with the ACOE to see what we can do to facilitate their review of SEG’s application,” said Silverman.

The group is also focusing on spreading its message especially as the island’s high season approaches, Silverman added.

“There is a lot of work going on and a lot of people involved,” he said. “As we’re now approaching our peak season we’re trying to get our message out to visitors. We’re making sure there is printed material for people, the bumper stickers and temporary tattoos.”

To donate to the Save Coral Bay Fund, go to www.gofundme.com/savecoralbay. For more information about the Save Coral Bay campaign go to www.savecoralbay.com.