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.

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SAJ-2005-02726(SP-SJF)

CESAJ-RD-WF
Published July 10, 2024
Expiration date: 8/7/2024
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: Collier County
C/o Andrew Miller
2685 South Horseshoe Drive, Suite 103
Naples, Florida 34101

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico and Caxambas Pass. The project site includes the Gulf of Mexico shoreline on the South end Marco Island, Sections 18 and 19, Township 52S, Range 26E, Marco Island, Collier County, Florida.

Directions to the site are as follows: From I-75 South to Collier Blvd in Marco Island (exit 101), merge onto Collier Blvd (south). Stay for 18.2 miles, then arrive at Marco Island South Public Beach Access.

APPROXIMATE CENTRAL COORDINATES:

North End (R-144): Latitude 25°55'17.25"N., Longitude 81°43'43.l0"W.
South End (G-2): Latitude 25°54'33.99"N., Longitude 81°43'45.53"W.
Borrow Area: Latitude 25°54'21.56"N., Longitude 81°43'44.09"W.

PROJECT PURPOSE:

Basic: Beach Renourishment

Overall: To provide periodic renourishment of approximately 4,400 ft of shoreline on South Marco Island, Collier County, Florida over a 15-year period.

EXISTING CONDITIONS: The project area consists of a beach and nearshore coastal saltwater system along the southern end of South Marco Island fronting the Gulf of Mexico. The existing area surrounding the project area is heavily developed with residential developments including: single family, multi-family, and condominium residences. A dune system is present along some sections of the beach fill areas consisting of Sea Oats (Uniola paniculata), dune sunflower (Helianthus debilis var. vestitus), panic grass (Panicum amarum), and railroad vine (Ipomoea pes-caprae).

The project includes an offshore borrow area located in Caxambas Pass and consists of sand that has accumulated over time through shoaling processes. The sediment from the offshore borrow areas is characterized by medium to fine-grained gray sand and the mean grain size is 0.33 mm less than 2.0% silt content, the native beach grain size ranges from 0.28 mm to 0.37 mm. A compatibility analysis was completed comparing the native beach data and borrow area data which indicates that the sand from the borrow area is compatible with the native beach sand. There are no hardbottom resources or seagrass beds adjacent to the offshore borrow area. The site has been used as a borrow area for multiple previous nourishments.

Inland sand mines within the vicinity of the project area including but are not limited to Stewart Mining Industries’ Immokalee Mine, Vulcan Materials Company’s Witherspoon Mine, E.R. Jahna Industries’ Ortona Mine, and CEMEX Lake Wales Mine are proposed to address hot-spot maintenance and assist with post-storm recovery efforts over the 15-year permit duration.

BACKGROUND: The original Corps permit SAJ-1988-00290 (IP-MN) expired in 2005 and subsequent Corps Permit SAJ-2005-02726 (IP-MFN), dated January 5, 2006, authorized the discharge of 128,000 cubic yards of beach compatible sand from marker R-144 to 600 feet south of R-148 for a distance of 4,400 linear feet utilizing the offshore borrow area in Caxambas Pass. Permit modification #1, dated January 30, 2012, implemented Fish and Wildlife Service changes. Permit modification #2 dated June 28, 2016, added the use of upland sand mines as an additional sand source for placement within the authorized fill template. The Permit expired on January 05, 2021.

PROPOSED WORK: The applicant seeks authorization for periodic beach renourishment of 4,400 LF of South Marco Island over a 15-year period. The applicant proposes to discharge approximately 104,000 cubic yards of beach quality sand between the previously authorized FDEP markers R-144 and G-4 for a total distance of 4,400 linear feet. The applicant would use an existing off-shore borrow area located in Caxambas Pass. The method for excavation and sand placement is a hydraulic cutterhead dredge with a direct sediment pipeline.

Additional inland sand mines within the vicinity of the project area including, but not limited to, Stewart Mining Industries’ Immokalee Mine, Vulcan Materials Company’s Witherspoon Mine, E.R. Jahna Industries’ Ortona Mine, and CEMEX Lake Wales Mine, may be used to address hot-spot maintenance and assist with post-storm recovery efforts over the 15-year permit duration.

Work will be conducted during daylight hours up to seven days per week. Work is proposed to be conducted between November 1st and April 30th 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. The offshore borrow site for this project is located in Caxambas Pass and this site has been used for previous renourishment events. Sand in this borrow site is composed of sand that has shoaled from the past dredging operations and no hardbottom or seagrass resources exist in the borrow area, therefore, compensatory mitigation is not warranted for the proposed project.

CULTURAL RESOURCES:

The Corps 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 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) and Giant manta ray (Manta birostris). 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 4,400 linear feet of shoreline and shallow beach habitat utilized by various life stages of penaeid shrimp, red drum, snappers, reef fish, and migratory pelagic fish. 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.

Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.

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 at the above address within 30 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 U.S. Army Corps of Engineers Fort Myers Regulatory Field Office, 1520 Royal Palm Square Blvd, Ste. 310, Fort Myers, Florida, 33919; by electronic mail at stephen.j.fleming@usace.army.mil; or, by telephone at (239)334-1975.

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 is provided under the Florida Department of Environmental Protection (FDEP) JCP Permit No. 0235209-008-JM.

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.