SAJ-2022-02363 (SP-EWG)

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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Edgar.W.Garcia@USACE.Army.Mil

APPLICANT: Spencer Anderson

                          Sarasota County Public Works

                          1001 Sarasota Center Blvd

            Sarasota, FL 34249

            e-mail: sanderso@scgov.net

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Gulf of America.  The project site is located between 915 N Casey Key Rd on the north side and 221 N Casey Key Rd on the south side at latitude 27.187177° and longitude -82.501734° (project centroid); in Osprey, Sarasota County, Florida.

EXISTING CONDITIONS: North Casey Key Road is located on Casey Key and extends from Blackburn Point Road north to Palmer Point Park at the north end of Casey Key. The road is narrow, varying between approximately 12 to 20 feet wide of paved surface.  

The western edges of both segments are fronted by a soil cement stepped revetment constructed several decades ago. The base of the revetment is slightly below the mean high water (MHW). The existing revetment is severely deteriorated, and portions have collapsed into the Gulf or have been undermined.

The 2024 hurricane season caused substantial damage to both segments of the roadway. Hurricane Milton inundated the island with several feet of surge and waves from the open Gulf. The roadway within both segments was wholly destroyed and the stepped revetment was further damaged and undermined in several places.

North Casey Key Road, between 915 and 221 N Casey Key Rd in Osprey, Florida, is a 1.2-mile residential stretch on a barrier island characterized by a mix of older and newer homes, limited local businesses, and a generally flat topography. The area is ecologically sensitive, bordering the Gulf of America and Sarasota Bay, and provides habitat for various species. Infrastructure includes a two-lane road in dilapidated condition, underground and overhead utilities, and drainage systems susceptible to overload during heavy rain.

The area faces ongoing challenges including beach erosion, potential flooding from storm surge and sea level rise, and maintaining water quality. A significant portion lies within FEMA flood zones, and the coastline’s health is vital for protecting both infrastructure and the diverse ecosystem. While generally good, water quality is vulnerable to runoff, and the area requires continued monitoring and management to balance residential development with the preservation of its valuable coastal resources.    

PROJECT PURPOSE:

Basic:  Roadway

Overall:  Casey Key Roadway Reconstruction

PROPOSED WORK:  The applicant requests authorization to The North Casey Key Road reconstruction project proposes a phased approach to rehabilitate a segment of the roadway while maintaining traffic flow through the construction of a temporary bypass. This bypass will be established immediately west of the existing road, to create a stable foundation. The core of this foundation will be a new seawall built parallel to the existing revetment, utilizing 612 steel sheet piles driven into the seabed with a vibratory hammer at a rate of approximately ten piles per day. These piles will form a temporary bulkhead, enclosing areas of roughly 0.23 acres and 800 linear feet (lf) in the South Segment and 0.65 acres and 2,010 lf in the North Segment. The installation of the steel sheet piles for the permanent seawall and temporary bulkhead will be done incrementally, working in approximately 40-foot increments to advance the work along the project. Within these enclosed areas, the existing soil-cement stepped revetment will be systematically broken down – a process termed “rubblizing” – and spread to fill voids and create a level base. This rubblized material will then be overlaid with stone riprap for increased stability, followed by a layer of clean, FDEP-approved beach-compatible sand extending to the existing roadway edge. A limerock base and a two-inch asphalt layer will then be applied to create a fully functional temporary bypass road capable of accommodating vehicular traffic.

The project will place approximately 0.045 acres of stone riprap and 0.200 acres of beach-compatible sand waterward of the Mean High Water line in the South Segment, and 0.179 acres of riprap and 0.570 acres of sand in the North Segment.

Once the bypass is operational and traffic is safely diverted, the original North Casey Key Road will be demolished and completely reconstructed with new base material, pavement, and shoulder treatments. To support efficient material delivery, two temporary over-water staging and transfer structures will be erected. The southern structure will extend approximately 40 feet seaward from the temporary bulkhead, supported by 26-inch diameter pipe piles, with two additional mooring piles positioned 30 feet offshore. These structures will facilitate the offloading of materials from barges directly to the project site.

Upon completion of the main roadway reconstruction, traffic will be returned to the permanent road, and the temporary infrastructure – including the asphalt, limerock, and steel sheet piles – will be removed for recycling. The beach-compatible sand will either be allowed to naturally redistribute along the shoreline or removed entirely, subject to a decision by Sarasota County. County surveys confirmed the absence of sensitive habitats, such as wetlands, seagrasses, or hard-bottom communities, within the project’s footprint.

All work will be conducted during daylight hours.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Due to the nature and location of the project, it is not possible to wholly avoid the placement of fill into WOTUS. The permanent placement of fill consists of boulder riprap placed at the toe of the permanent sheet pile wall. The footprint of the riprap is minimized by placement over the existing soil cement revetment and by limiting the waterward extent of the riprap to a maximum of five feet beyond the existing toe of the revetment.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: All impacts are limited to areas of bare sand/shell substrate; no seagrass area, hardbottom habitat, or wetlands will be impacted by the project. For this reason, no compensatory mitigation is proposed. Floating turbidity barrier will be used along the full length of in-water work to minimize potential water quality issues.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect any listed species or critical habitat listed in Table 1.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

West Indian (Florida) manatee (Trichechus manatus latirostris): Based upon the review of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, (the Key); the U.S. Army Corps of Engineers has determined the proposed project "May affect, not likely to adversely affect" the Manatee. The use of the Key resulted in the following sequential determination: A>B>C>D>G>H>I>N>O>P12  “May affect, not likely to adversely affect.” Since the project will conduct roadway reconstruction shoreline stabilization, and the applicant chooses to adhere to standard manatee conditions for in-water work; no further consultation with the Service is necessary with the U.S. Fish and Wildlife Service (FWS).  This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.

Eastern Indigo Snake (Drymarchon couperii corais): – The project is located within USFWS eastern indigo snake (EIS) consultation area. The EIS is classified as a Threatened species by USFWS (43 FR 4026 4029). No critical habitat has been designated for this species. Wherever the EIS occurs in xeric habitats, it is closely associated with the gopher tortoise (Gopherus polyphemus), the burrows of which provide shelter from winter cold and summer desiccation. Based on the EIS Programmatic Effect Determination Key (August 1, 2017) the proposed project resulted in the following sequential determination: A > B > C > D > “may affect, not likely to adversely affect”. The Corps has determined the proposed project may affect, but is not likely to adversely affect the EIS or its designated critical habitat. The project site does not support EIS foraging or nesting habitat. Based on the EIS Programmatic Effect Determination Key reaching a “may affect, not likely to adversely affect” determination, the FWS will concur with the programmatic determination in accordance with 50 CFR 402.14(b)1, and no further consultation with the FWS is required.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). No Essential Fish Habitats (EFHs) have been identified at the proposed project site, which is characterized by a range of environmental challenges. The site experiences variable surf conditions, which can create instability and turbulence in the water. Additionally, the presence of existing riprap—large boulders and stones placed along the shoreline—affects the natural substrate, further complicating habitat establishment. Turbid water conditions, often caused by sediment suspension, limit light penetration crucial for photosynthetic organisms, preventing seagrasses from taking root in the survey area. Moreover, the region’s significant tidal fluctuations contribute to the difficulty of maintaining a stable, conducive environment for marine life. Importantly, there is also an absence of corals and hardbottom habitats, indicating a lack of structural complexity and biodiversity in this ecological zone.  Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

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

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until August 21, 2025. Comments should be submitted electronically to Edgar W. Garcia at Edgar.W.Garcia@usace.army.mil or via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Edgar W. Garcia, Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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