Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

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Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2007-04224 (IP-SJF)

U.S. ARMY CORPS OF ENGINEERS - REGULATORY
Published June 8, 2021
Expiration date: 7/29/2021
TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: City of Marco Island
c/o Timothy Pinter
50 Bald Eagle Drive
Marco Island, FL 34145

WATERWAY AND LOCATION: The project would affect waters of the United States, associated with the Gulf of Mexico and Big Marco River at Capri Pass. The project site is located on Sand Dollar Island, at Tigertail Lagoon, along the northwest shoreline of Marco Island, in Section 7, Township 52 South, Range(s) 25 and 26 East, Marco Island, Collier County, Florida.

Directions to the site are as follows: From Exit 101 of I-75, follow Collier Boulevard south crossing US-41 and the S.S. Jolly Bridge onto Marco Island. Continue following Collier Boulevard to Kendall Drive. Turn West onto Kendall Drive and follow to Hernando Drive. Turn toward the southwest onto Hernando Drive and follow to the Tigertail Beach parking lot. Public parking is available. The beach access leads directly to Tigertail Lagoon. Walk south around the lagoon, turning toward the northwest at the Gulf of Mexico. This is the southernmost end of Sand Dollar Island. The island extends about 2.5 miles to the northwest tip.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.95693°
Longitude: -81.75190°

PROJECT PURPOSE:
Basic: Channel restoration and beach renourishment.
Overall: The project provides channel restoration, erosion control and shoreline stabilization measures, including beach nourishment for approximately 4,400 linear feet (LF) of eroding gulf-front shoreline, within Sand Dollar Island, utilizing nearshore and offshore borrow areas over a 15-year timeframe.

EXISTING CONDITIONS: The overall project site includes an open waterway channel at the north end of Tigertail Lagoon and erosion control structures along Hideaway Beach on Marco Island. The proposed project would restore and enhance habitat located in the middle and southern portions of the Lagoon by extending the open waterway channel and reconstructing a portion of the eroded beach. The goal of the proposed project is to restore Tigertail Lagoon and Sand Dollar Island to pre-2016 conditions prior to Hurricane Irma and maintain Tigertail Lagoon as a continuous, wetland lagoon habitat. Currently, sand has been overwashing the middle section of Sand Dollar Island during seasonal storms, eliminating bird and sea turtle habitat and threatening complete closure of the southern end of the lagoon adjacent to the county’s Tigertail Beach Park. Protected seagrasses have also been over-washed by sand and their health threatened by significantly reduced tidal flow. This affects other species that rely on them for habitat or feeding. Poor tidal flushing is exacerbating water quality concerns for wildlife and humans alike. The northern spit of Sand Dollar Island has grown by twelve acres in four years due to sand drift to the northeast and it is approaching the Marco River.

PROPOSED WORK: The applicant seeks authorization for initial restoration of Tigertail Lagoon, beach nourishment of Sand Dollar Island and periodic maintenance for a 15-year period. The proposed project is for: 1) the excavation approximately 130,000 cubic yards (CY) of material for the establishing a sand trap at the northern end of Sand Dollar Island; 2) the extension of the current dredged channel to the southwest, including dredging of a flushing/flow channel from monument V-315 to an area between R-131 and R-132 involving the excavation of approximately 160,000 CY of material; and 3) placement of approximately 325,000 cy of beach fill material to construct an enhanced berm along the middle portion of Sand Dollar Island. The sand trap will help slow the rate of growth of the northern spit and provide a renewable sand source for restoring the central section of Sand Dollar Island. It will serve to reduce the dredging frequency at the northern entrance, slow the flow of sand into the Marco River, and help prevent complete lagoon closure. The southwest extension of the current dredged channel will also improve tidal flow and flushing similar to historic conditions, thus improving water quality and habitat. The flow channel will revert approximately 9.6 acres of sand overwash from uplands back to tidal wetlands. The approximately 4,400 linear feet of enhanced beach berm in the central section of Sand Dollar Island will result in a net increase of 4.9 acres of enhanced and increased bird and sea turtle beach habitat. It will also provide improved coastal resiliency and protection for upland mangroves. The beach fill component along Sand Dollar Island will require approximately 325,000 CY of sand to be sourced from the proposed flow channel and sand trap and, if required, the permitted Hideaway Offshore Borrow Area (SAJ-1988-00290).

AVOIDANCE AND MINIMIZATION INFORMATION – The Applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The applicant has designed the project to avoid seagrass impacts by dredging from areas that do not contain seagrasses or are presently uplands. The Applicant has designed to the project to have a net increase in improved dry beach habitat. Beach fill placement shall not occur during the sea turtle nesting season, May 1st through October 31st.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: This project is being conducted for ecological restoration. Seagrass habitats that have been progressively buried by overwash of sand will be restored to tidal wetland habitat. The project will result in a net increase of enhanced dry beach habitat. Compensatory mitigation is not warranted for the proposed project.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps determined the proposal may affect, but is not likely to adversely affect, the endangered West Indian manatee (Trichechus manatus), endangered red knot (Calidris canutus), and the endangered piping plover (Charadrius melodus). The Corps has also determined that the proposed project may affect the threatened/endangered nesting sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta). The Corps will initiate ESA consultation as required with the U.S. Fish and Wildlife Service for the above listed species.

The Corps has determined the proposed project may affect the threatened/endangered swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta). The Corps has also determined that the project may affect but is not likely to adversely affect, the endangered smalltooth sawfish (Pristis pectinata). The Corps will initiate ESA consultation as required with the National Marine Fisheries Service for the above listed species.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 13.2 acre of estuarine or marine habitat utilized by various life stages of Penaeid Shrimp Complex, Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Stone Crab (Menippe mercenaria), Spiny Lobster (Panulirus argus), Migratory/Pelagic fish (various spp.), Snapper/Grouper Complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Tigertail Lagoon. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, Florida within 21 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Stephen Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at 239-334-1975 x0003.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.