20120209 Ver 1_More Info Received_20120515

Strickland, Bev
From: Steenhuis, Joanne
Sent: Tuesday, May 15, 2012 5:04 PM
To: Strickland, Bev
Subject: FW: Tim Willis, DWQ # 20120209
Attachments: Tim Willis Wall Modification 050212.pdf; EMAIL GOVONI_Timothy Willis.pdf;
CL31- 201200372. DOC
- - - -- Original Message---- -
From: Timpy, David L SAW [mailto: David. L.TimR� a'usace.army.mill
Sent: Monday, May 14, 2012 1:55 PM
To: Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Ho-well, Jonathan
Subject: Tim Willis, SAW- 2012 - 00372, CAMA Major App, GP291, Federal Comments
Pursuant to GP291, attached is an advance copy of the recommended federal conditions for the subject project. A signed
copy -will be mailed soon. I have also attached a copy of Daniels email regarding the bulkhead revision.
Dare Timpy
Project Manager
Regulatory Division
US Army Corps of Engineers, Wilmington District
69 Darlington, Avenue
Wilmington, North Carolina 28402 -1890
Office: 910- 251 -4634
Cell: 910 -617 -3254
Fax: [phone]
Email: david. L. Timpy ausace.army.mil
Website: http : / / «««.sa «.usace.arm�.mil
The Wilmington District is committed to prodding the highest level of support to the public. To help us ensure" e continue to
do so, please complete the Customer Satisfaction Surrey located at our,,N- ebsite at http: // pert. n«- p.usace.arm -,- .mil /sui-v-e -,-.html
to complete the surrey online.

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From: Govoni. Daniel
To: Timnv, David L SAW
Subject: Timothy Willis
Date: Monday, May 07, 2012 9:42:51 AM
Attachments: Tim Willis Wall Modification 050212.odf
A170000l.htm
Dave, can you please view the attached document and see if this satisfies NMFS concerns. Please let
me know your comments as soon as possible. Thanks Daniel
Daniel M. Govoni
Asst. Major Permits Coordinator
NC Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557
(252) 808 -2808
(252) 247 -3330 fax
daniel.govoni @ncdenr.gov
E -mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
From: Andre Webb [mailto:andre&eastcoastc urc .orq]
Sent: Thursday, May 03, 2012 8:23 AM
To: Govoni, Daniel
Subject: Fwd: New Wall Alignment
Sent from my iPhone
Begin forwarded message:
From: Andre Webb <andre @eastcoastchurch.org>
Date: May 3, 2012 8:19:49 AM EDT
To: "danielgovoni @ncdenr.gov" <danielgovoni @ncdenr.gov>
Subject: Fwd: New Wall Alignment

Sent from my Phone
Begin forwarded message:
From: Tim Willis <t_willis @mac.com>
Date: May 2, 2012 9:52:49 AM EDT
To: Andre Webb <and re@eastcoastch urch.org >
Subject: Re: New Wall Alignment
Hi Andre - attached is the modified wall and note what I have done is to remove the dead
leg and go behind the washout area and tie in a straight wall that will stop at the point that it diverts
back into the land. We will add to that later hopefully in a few years.
Thanks,
Tim Willis
T_Willis @mac.com

May 14, 2012
Regulatory Division
Action ID No. SAW - 2012 -00372
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Dear Mr. Huggett:
Reference the application of Timothy Willis to constrict a bulkhead, a floating jet -ski
platform, and add 22 navigational buoys in Sleepy Creek, at 275 Star Church Road, Marshallberg,
in Carteret County, North Carolina. Reference is also made to an email transmittal from Daniel
Govoni dated May 7, 2012 (copy attached) regarding proposed revision to remove the bulkhead
portion in wetlands.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USAGE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the stricture or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said stricture or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief
Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910 -3282 at
least two weeks prior to beginning work and upon completion of work.

3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land - clearing activities shall take place at any time in the constriction or maintenance
of this project, in such a manner as to impair normal flows and circulation patterns within waters
or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the
constriction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733 -5083,
Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized stricture and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772 -2191.
8. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
9. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
2

10. Approval of the stricture was based on determinations that there would be no
obstruction to navigation. Under conditions existing in the Atlantic Intracoastal Waterway
(AIWW), a possibility exists that the stricture may be damaged by wave wash from passing
vessels. Unreasonable slowing down of vessel traffic cannot be required because it would tend to
nullify the navigational benefits on which the AIW W was justified. Issuance of this permit should
not be construed, as relieving the permittee of taking proper steps to insure the stricture and
moored boats will not be damaged by wave wash normally to be expected in the AIW W.
11. The permittee shall require its contractors and /or agents to comply with the terms and
conditions of this permit in the constriction and maintenance of this project, and shall provide
each of its contractors and /or agents associated with the constriction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during constriction and maintenance of this project.
12. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statutes Chapter 113A Article 4).
13. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of constriction or constriction- related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
14. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre - project condition.
15. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U. S.
Army Corps of Engineers within 24 hours of the perinittee's discovery of the violation.
Questions or comments may be addressed to Mr. Dave Tilmpy, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
3

David L. Tilmpy, Project Manager
Wilmington Regulatory Field Office
Copy fiirnished (without enclosure)
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Doug Huggett
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412 -9110
Jeffrey Garnett
USEPA REGION 4
9.

61 Forsyth Street, S.W.
Mail Code: 9T25
Atlanta, GA 30303 -8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
Joanne Steenhuis
Division of Water Quality
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Ext
Wilmington, NC 28405
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Chad Coburn
Division of Water Quality
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Ext
Wilmington, NC 28405
5