Permit Application Nos. SAJ-2007-02883(SP-CNF); SAJ-2024-02809(SP-CNF); and SAJ-2024-02810(SP-CNF)

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

APPLICANT:  Charlotte County Florida

                         1120 Centennial Blvd

                          Port Charlotte FL 33953                

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with Charlotte Harbor.  The project site is located within Alligator Bay and Peace River, Charlotte County, Florida as depicted in Table 1.

Directions to the site are as follows:  See Table 1.

APPROXIMATE CENTRAL COORDINATES:

Table 1.  Park location, SAJ number, size of project area, and approximate fill volume

PROJECT PURPOSE:

Basic:  Beach Renourishment

Overall:  To renourish shoreline that was impacted by storm surge during Hurricane Debby and Milton in Charlotte County Florida.

EXISTING CONDITIONS:  The project site consists of a beach and nearshore coastal saltwater system.

PROPOSED WORK:  The applicant seeks authorization to place material along the shorelines Port Charlotte Park, Chester Roberts Park and Bayshore Live Oak Park, as shown on the attached emergency permit drawings to offset the impact of Hurricanes Debby and Helene.

The shoreline of the park(s) have been eroded by the storms and existing structures have been damaged and undermined. Nourishment of the beach including fill placement below mean high water is necessary to stabilize the shoreline, provide protection for upland structures, and provide for park safety.

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:

No storage of equipment or materials shall take place outside of the areas of impact as authorized by this permit.  Sand will be placed from the upland using small machine during daylight hours.  No work restrictions will be placed in response to turtle nesting season, as the project area is not a Gulf front beach and there has been no historic nesting in the area.

COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:

There are no resources within the proposed work area, therefor compensatory mitigation is not required.

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 following Endangered Species: West Indian manatee (Trichechus manatus), Wood Stork (Mycteria americana),Gulf Sturgeon (Acipenser oxyrinchus), Everglade snail kite (Rostrhamus socialbilis plumbeus), Eastern black rail (Laterallus jamicensis), red knot (Calidris canutus), and the piping plover (Charadrius melodus). The Corps has also determined that the proposed project may affect the threatened/endangered nesting sea turtles (Chelonia mydas, 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 the threatened/endangered swimming sea turtles (Chelonia mydas, Lepidochelys kempii, 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 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.

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 through the Technical Regional Execution Center, Attn. Catrina Frey, 4400 PGA Blvd, Suite 500, Palm Beach Gardens, FL 33410 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, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Catrina Frey, in writing at the Technical Regional Execution Center, by electronic mail at catrina.n.frey@usace.army.mil; or, by telephone at (912)759-0247. 

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).

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.

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