SAJ-2024-04797 (SP-SJF)

The beach compatible sand will be obtained from from the over-washed sand and an approved inland sand mine. There will be no dredging associated with the Project.

BACKGROUND:  The hazardous conditions are a direct result of Hurricanes Helene and Milton. Lely Barefoot Beach (LBB) lost on average 40 feet of beach. The beach and dune system cannot be restored and sustained unless sand is placed below mean high water line. Restoration to pre-storm condition is estimated to require up to 100,000 CY. If the sand is not placed below mean high water, the full beach and dune repairs cannot be constructed and the upland properties and evacuation route will not be protected. 

PROPOSED WORK: Place up to 100,000 cubic yards of beach compatible sand obtained from an inland sand mine and over-washed sand to restore and sustain beach and dune system including placement of sand seaward of the post-Milton mean high water line. There are no known or documented hardbottom resources or seagrass beds adjacent to or within the beach fill areas.

Work will be conducted 24 hours per day, seven days per week. Work is proposed to be conducted outside of sea turtle nesting season.  The sand will be placed on the beach and dune using land-based equipment including bulldozers, excavators, front-end loaders, dump trucks, and off-road vehicles. There are access locations within the Barefoot beach residential community to conduct the work from the uplands.

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 and dune habitats. There will be no impacts to hardbottom resources or seagrass beds. All work will be conducted outside of sea turtle nesting season. There are no benthic resources within the footprint of the proposed fill and no impacts to benthic resources from the emergency fill. Placement of the fill will enhance and restore marine turtle habitat.

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. There are no known or documented hardbottom resources or seagrass beds adjacent to or within the beach fill areas therefore, no compensatory mitigation is required.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. 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 Emergency 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) and Giant manta ray (Manta birostris). The Corps will initiate Emergency 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 10 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.

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, aesthetics, 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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP) under emergency permit authority.

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.