SAJ-2025-00509 (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:     Tom Nicholls

                          City of Gulfport, Public Works

                          2401 53rd Street S

            Gulfport, FL 33707

           Email: tnicholls@mygulfport.us

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Boca Ciega Bay.  The project site is located at 5730 Shore Blvd S; at latitude 27.737673° and longitude -82.708242°; in Gulfport, Pinellas County, Florida.

EXISTING CONDITIONS: Gulfport Beach sustained significant damage following Hurricanes Helene and Milton in the fall of 2024. The destruction included structural impacts to recreational facilities and surrounding infrastructure, such as walkways and support buildings. Additionally, the altered coastal dynamics led to notable channelization in the area. The beach itself experienced severe erosion, resulting in a substantial loss of sand volume. This erosion is exacerbated by the region's geological characteristics; the underwater landscape primarily consists of unconsolidated sediments, making it a naturally dynamic and shifting environment that is vulnerable to storm surges and wave action. On May 6, 2025, the Corps of Engineers issued a Nationwide Permit to remove debris and damaged infrastructure from the beach, sidewalks, and roadways, as well as to repair the affected infrastructure, including sidewalks and roadways.

PROJECT PURPOSE:

Basic:  Beach Nourishment

Overall:  Perform beach nourishment at Gulfport Beach to repair the severe erosion caused by 2024 hurricanes.

PROPOSED WORK:  The applicant is seeking authorization to carry out beach nourishment operations aimed at reestablishing the beach template. 

The project would remove deleterious material, and install turbidity curtains and silt fencing to conduct beach nourishment operations. The fill placement (beach nourishment) area spans about 1,142 linear feet (LF) and covers approximately 2.65 acres. The County estimates that 1,931.1 cubic yards (CY) of material of cleaned mined sand would be use for the project.

The beach nourishment will utilize sand material meeting Florida Department of Environmental Protection (FDEP) specifications for post-storm emergency beach renourishment, sourced from a permitted mine. For Pinellas County, this requires predominantly quartz sand with a mean grain size diameter of 0.25 - 0.55 mm, a moist Munsell color value/chroma of 7/2 or lighter, and a shell content similar to the existing beach. Delivery will be via dump truck, with spreading and grading performed by construction personnel using skid-steer equipment. The top 10 - 12 inches of beach will be restored to pre-storm contours and elevations.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The project area does not support SAV, mangroves, emergent vegetation, live hardbottom, or corals. The applicant will follow the Standard Manatee Conditions for In-Water Work (2011) and the Protected Species Construction Conditions of the NOAA Fisheries Southeast Region. The activity has been designed to avoid and minimize adverse effects through the use of BMPs, include turbidity controls, and all work conducted from land is to occur during daylight hours when any ESA species can be most easily seen. The proposed project will have no effect on SAV, mangroves, emergent vegetation, live hardbottom, or corals.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The activity has been designed to avoid and minimize adverse effects through the use of BMPs, include turbidity controls and silt fences.  All work will be conducted on land and will occur during daylight hours. Therefore, no mitigation is offered. The city agrees to confirm with the selected contractor that no vessel larger than a flat-bottom boat will be utilized for the installation and removal of the turbidity barrier.  The city agrees to abide by the terms and conditions of monitoring regarding endangered species. Manatees and sea turtle monitoring will also utilize a flats boat as needed. Sea turtle nesting sites will be identified and investigated prior to construction to prevent disturbance to nests.

CULTURAL RESOURCES: The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

Should historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) be present within the Corps’ permit area, the proposed activity requiring the DA permit (the undertaking) is a type of activity that has no potential to cause an effect to an historic property.

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

Based on this initial review, the Corps has made a preliminary determination that the proposed project will not affect most of the species listed, or designated critical habitat as detailed in Table 1. Due to the severely eroded condition of the project area, there is no suitable habitat for listed species, and there is a low likelihood of them being present within the project area.  

Hawksbill sea turtle (Eretmochelys imbricata) and Leatherback sea turtle (Dermochelys coriacea) - The hawksbill and leatherback sea turtles are not expected to be located within the action area due to the species’ very specific life history strategies.

Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta) and Smalltooth sawfish (Pristis pectinata) (STSF) - sea turtles and Smalltooth sawfish are not expected to be located within the action area due to the specific project location and the use of BMP’s and the use of beach quality sand that would not hinder future use of the species or turbidity to travel to the water.

West Indian manatee (Trichechus manatus): The project involves the construction of a seawall.  Use of the 2013 Manatee Key and 13 May 2019 Addendum resulted in a determination that the proposed project “May affect, not likely to adversely affect” (MANLAA) the endangered West Indian manatee (A>B>C>D>G>N>O>P>MANLAA). Per Key stipulation, no further consultation with USFWS is required. The Permittee will have to adhere to the Standard Manatee Conditions for In-Water Work, July 2011.  Determinations will be either: no effect; may affect, not likely to adversely affect; may affect, likely to adversely affect.  For multiple species a table may be included that lists each effect determination for each species.  If the Corps used a SLOPES agreement in the process of making an effect determination, outline the process followed to come to the effect determination.

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). The site experiences variable surf conditions, which can create instability and turbulence in the water. There is patchy and discontinuous submerged aquatic vegetation near the proposed project area. However, the project plans to use silt fencing and turbidity barriers to avoid and minimize potential impacts on surrounding resources. Notably, there is an absence of corals and hard-bottom habitats, which indicates 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 September 5, 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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