SAJ-1988-00290 (MOD-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 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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Big Marco River and Collier Creek.  The project site is located at the Big Marco River and entrance to Collier Creek/Collier Bay and along a stretch of Hideaway Beach in Section(s) 5 and 6, Township 52 South, Range 26 East, Marco Island, Collier County, Florida.

Directions to the site are as follows:  From I-75, take exit 101/CR951 south to Collier Boulevard; continue on CR951/Collier Boulevard for 13 miles onto Marco Island; continue 1.8 mile to right turn onto Kendal Drive; continue 1.3 miles on Kendall Drive to Security gate; just past the gatehouse, bear right (becomes Royal Marco Way) for ~0.5 mile to site at road terminus.

BACKGROUND:  The Department of the Army permit dated 13 March 2013, authorized in-water and land-based work for shoreline stabilization. The overall project involves beach nourishment along 8,000 linear feet of tidal shoreline via placement of up to 273,000 cubic yards (CY) of beach compatible sand materials from nearshore borrow sources for erosion control/shoreline stabilization.  The project also involves construction of up to 4 t-groin/erosion control structures and modification of the existing terminal jetty structure along the entrance to Collier Bay.

Modification 1 dated 27 January 2016, extended the nearshore borrow area by 165 feet (4.9 acres) to the northeast because of a shift to the Sand Dollar Island sand spit.

Approximately, 30,000 cubic yards of sand would be removed from dredging to a depth of (-) 8 feet NAVD, with one (1) additional foot of over-dredge for a maximum depth of (-) 9 feet NAVD. The sand obtained from dredging the expanded borrow area would be placed along 2,181 linear feet of Tigertail Beach from FDEP monument R-135.5 to R-138.

Modification 2 dated 14 November 2022, extended the nearshore borrow area northeast by 1,650 feet between approximate FDEP reference monuments H-9 and H-12 along Hideaway Beach and to include: 1) a new restoration area for the beach compatible dredge material, along the Gulf-front segment of Sand Dollar Island between FDEP reference monuments H-1 and R-131.5; and 2) the pipeline corridor from the Borrow Area to the restoration area. Based on the May 2020 survey, the dredge volume of the Nearshore Borrow Area expansion is 32,000 cubic yards.

PROJECT PURPOSE:  Basic:  Shoreline stabilization and navigation Improvements.

Overall:  To provide shoreline stabilization and navigation improvement along a portion of Collier Creek and Hideaway Beach in Marco Island, Collier County Florida.

EXISTING CONDITIONS:  The existing dredge template consists of a channel that is approximately 1,107 ft in length and 80 ft wide at the bottom with side slopes of 1V:6H. The template has a dredge depth of -11.3 ft NAVD with a 1-ft overdredge allowance. The existing channel location frequently shoals and becomes narrow and the channel location is prone to turbulence that impedes navigation.

The existing terminal jetty was constructed in 2005 to reduce sediment transport into the Collier Creek channel. The jetty was constructed of steel sheet piles with an energy dissipating rock apron on both sides of the structure. The rubble mound structure was constructed to a length of approximately 250 ft, stone crest elevation of approximately 3.5 ft NGVD (2.2 ft NAVD), a crest width of 9 ft, toe elevation of -5.3 ft NAVD (-4 ft NGVD) from the construction drawings. In 2012, a redesign of the terminal jetty was investigated to further mitigate sediment transport into the navigation channel at Collier Creek. A permit modification approved relocation of the jetty approximately 50 feet to the west and an extension of the length, but this jetty modification was never constructed and proved insufficient in recent modeling studies to achieve project objectives. In recent years, sand has been overtopping and flanking the terminal jetty, resulting in a narrowing channel that has caused severe currents and turbulence that threaten safe navigation.

The existing borrow area at Big Marco/Capri Pass (BM/CP) was permitted as a disposal area in 2016, within the borrow area extents, with FDEP Permit Modification No. 030260-007-JN and USACE Permit No. SAJ-1998-00290. It provides for the periodic disposal of beach compatible sand from Collier Creek. Due to sediment transport in the Collier Creek area, the dredging needs for Collier Creek and the Hideaway Beach nearshore borrow area exceed the need for beach nourishment and there is insufficient capacity for anticipated disposal needs.

PROPOSED WORK:  The applicant seeks authorization to: 1) modify the dredge template and alignment within Collier Creek and dredge approximately 26,000 cubic yards of material along 1,290 LF of the channel to a depth of -12.3 NAVD; 2) construct a new 200 LF rock groin involving the discharge of 1,875 tons of stone at Sta 67+66; 3) place approximately 3,910 cy of beach compatible sand along 570 linear feet of hideaway beach to the extents of the 2017 MHWL; 4) replace the existing eastern terminal jetty with a new 120 LF terminal jetty at the entrance of Collier Creek to an elevation of +2.0 ft NAVD involving the discharge of 524 tons of rock; 5) expand the Big Marco/Capri Pass disposal area to allow up to 200,000 cy of material not to exceed -10 ft NAVD; and 6) develop a sand management plan.

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 proposed work is for shoreline stabilization and dredging in an area where similar work has been conducted since 1988.  The applicant has designed the project to avoid impacts to aquatic resources. Fill placement shall not occur during the sea turtle nesting season, May 1st through October 31^st, inclusive, of any year. 

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No compensatory mitigation is required for dredging of a previously dredged channel. The project will result in a net increase of enhanced dry beach habitat. Compensatory mitigation is not warranted for the proposed project as aquatic resources will not be disturbed.

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 570 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.

PUBLIC NOTICE DRAWINGS: The Corps is temporarily unable to attach project drawings or figures to this public notice. If you would like to receive a copy of the associated drawings for the project, contact the project manager listed above to request them via email or standard mail.

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 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 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. 0309260-011-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.