SAJ-2007-05213 (SP-SJF)

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 A.ct (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Gulf of Mexico and entrance to San Carlos Bay. The project site includes the Gulf of Mexico shoreline lying approximately between R-172 and Bay-01 on Sanibel Island. The project site is located in Section 21, Township 46 South, Range 23 East, at 112 Periwinkle Way, Sanibel, in Lee County, Florida.

Directions to the site are as follows:  From Ft. Myers: I-75 South to Alico Road (exit 128), turn right (west) 4.2 miles, turn right on US 41 for 2.7 miles, turn left onto Gladiolus Drive 1.2 miles, left ramp onto Summerlin Road 6.3 miles, continue on McGregor Blvd. for 2 miles, continue on Sanibel Causeway (CR-867) for 3.5 miles then turn left onto Periwinkle Way and go 1.5 miles to Sanibel Lighthouse at 112 Periwinkle Way, Sanibel, FL 33957-7416.

PROJECT PURPOSE: Basic:  Beach Re-nourishment.

Overall:  To re-nourish approximately 3,900 feet of shoreline on Sanibel Island, Lee County Florida over a 15-year period.

EXISTING CONDITIONS:  The project consists of a beach and nearshore coastal saltwater system along the southeast end of Sanibel Island fronting the Gulf of Mexico and the entrance to San Carlos Bay. The upland area includes the Historic Sanibel Lighthouse, the Lighthouse Beach park, a public pier (substantially damaged by Hurricane Ian), and a residential development. The Sanibel Lighthouse and two keepers’ cottages had been designated on the National Register of Historic Places since 1984.  During the impact from Hurricane Ian on September 28, 2022, the two keepers’ cottages were destroyed, whereas the northwest support for the lighthouse was damaged and a temporary support has been installed.  The replacement support is being manufactured and will be installed once available. The beach area seaward of the lighthouse as measured at state DEP reference monument R-174 lost over 100 feet of dry berm width at +4.5 feet NAVD. The beach within the project area is publicly accessible.

A dune system impacted by Hurricane Ian exists along some sections of the beach fill areas. The most commonly observed dune vegetation species include sea oats (Uniola paniculata), dune sunflower (Helianthus debilis var. vestitus), panic grass (Panicum amarum), and railroad vine (Ipomoea pes-caprae).  New dune plantings will be installed at grade along segments of shoreline to enhance the damaged dune area and improve upland protection after the beach fill adjusts.

BACKGROUND: A post storm beach fill recovery project was completed in 2010 along the north portion of this project area placing approximately 4,000 cubic yards of beach quality sand. The source of sand was Ortona Mine in Moore Haven, Florida, and the work was completed under USACE Permit SAJ-2007-05213 (IP-LBD). The City of Sanibel monitors the beach area along the island on an annual basis and no additional sand has been placed along this segment of shoreline since that time. Following impact from Hurricane Ian on September 28, 2022, the City of Sanibel has secured funding obligations from FEMA and the Florida DEP for placement of sand under an emergency berm (Category B) for sand placement upland of Mean High Water.  That work is scheduled for commencement in December 2023 and will extend up to 200 feet east of R-174.

PROPOSED WORK:  The applicant seeks authorization for periodic beach renourishment involving the placement of approximately 53,600 cubic yards of beach compatible sand along approximately 3,900 feet of shoreline for a 15-year period. To restore the beach profile to what was documented prior to the impact of Hurricane Ian, this section of Sanibel Island sand placement is requested is to extend from approximately 500-feet southwest of DEP reference monument R-172 north beyond the Sanibel Lighthouse and public pier to approximately 200-feet beyond station BAY-01.  There are no known or documented hardbottom resources or seagrass beds adjacent to or within the beach fill areas.

The initial sand source is Vulcan Materials Witherspoon Mine, Moore Haven, Florida. Sand will meet DEP Hurricane Recovery Sand Specifications for compatibility with the existing beach.  Additional inland sand mines within the vicinity of the project area including, but not limited to, Stewart Mining Industries’ Immokalee Mine, and E.R. Jahna Industries’ Ortona Mine, may be used to address hot-spot maintenance and assist with post-storm recovery efforts over the 15-year permit duration.

The land-based work for beach fill construction, hot-spot maintenance, upland sand truck hauls, and maintenance grading would be conducted by bulldozers, excavators, front-end loaders, dump trucks, and off-road vehicles. There are access locations within the park to conduct the work from the uplands.  Work will be conducted during daylight hours up to seven days per week. Work is proposed to be conducted between November 1^st and April 30^th and no work is proposed during the main part of shorebird nesting season and sea turtle nesting season (May 1 through October 31).

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 have a net increase in improved beach habitat. There will be no impacts to hardbottom resources or seagrass beds. 

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project will result in a net increase of enhanced dry beach habitat. Environmental protection plans are proposed to implement best management practices during nesting season.

CULTURAL RESOURCES:  The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

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 but is not likely to adversely 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) but is likely to adversely affect its designated critical habitat. 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, 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.  

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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0281083-002-JC.

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.