MEMORANDUM TO: JEE FROM: DKI RE: ARMY CORPS SUBMISSION DATE: JUNE 8, 2009 I provide in this memo background relating to the request by Amy Dempsey and Man Smith to include in a submission to Army Corps an undertaking to implement certain turtle nesting conservation measures, including a 50-meter restricted zone from mean high water at the turtle nesting beach. The zone is outlined on the attached photograph of LSJ. As we discussed, Amy's, Alan's and Bob deJongh's request to undertake a Storm Water Pollution Prevention plan will be eliminated from the submission. BACKGROUND I. In an effort to resolve an outstanding notice of violation issued by Army Corps in September 2003, an after-the-fact permit modification application was filed with Army Corps requesting after-the-fact approval of the existing dock and pilings and the rip rap in its current configuration and approval of a proposed swim dock, relocated barge landing, underwater speed bumps for beach enhancement and enhancement/mitigation measures relating to the two ponds on the Island. A public notice was issued for that application in May 2005. II. On August 3, 2005, Bill Karr received from Army Corps a letter summarizing comments received in response to the public notice. Army Corps received comments from US Fish & Wildlife Service and National Marine Fisheries Service on June 8, 2005. I have copies of those comments if you wish to review them. Army Corps agreed with the comments, requested responses to the same and made additional requests for information. III. In the continuing attempt to resolve this matter over the past several years, requests for approval of the swim dock, relocated barge landing, speed bumps, and certain aspects of the pond mitigation (e.g., fountains for aeration) were all withdrawn from the application. In the interim, Army Corps approval was also requested for a concrete landing pad already placed on the existing barge landing and the two r/o inta