ESTERO ISLAND BEACH RESTORATION

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ESTERO ISLAND BEACH RESTORATION

• PROCUREMENT OF EASEMENTS

Prepared by Lee County Division of Natural
Resources In coordination with The Town of Ft.
Myers Beach
LEE COUNTY
SOUTHWEST FLORIDA
Town of Ft, Myers Beach
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Items to Discuss

• Project History
• Why Are Easement Required for More Than the
  Period of Construction?
• How Will This Change the Current Recreational Use
  of the Beach?
• What Activities Are Allowed in the Easement Area?
• What Benefits Will Be Received From the Easement?
• What Happens If an Easement Is Not Procured?

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History of the Project
The Lee County Shore Protection Project was
authorized by the Federal Government in House
Resolution dated December 15, 1970 and Senate
Resolution dated December 17, 1970. The Federal
Project consist of 3 segments Gasparilla Island,
Captiva Island and Estero Island.
The Estero Project consist of beach restoration
along the northern 4.7 miles of Estero Island and
the construction of a 240-ft. terminal groin on
the north end of the island. The restoration
proclaims a 40-ft. berm at an elevation of 5
M.L.W. (4.1 NGVD 29).
The Gasparilla segment is currently scheduled to
be constructed after Estero, with a nourishment
scheduled for Captiva in Fall of 2004.
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Why are Easements Required for More Than the
Period of Construction
Easements are required by the Federal Government,
through the USACE, for the duration of Federal
participation in the project. Lee County has
negotiated with the USACE to reduce the length of
the easements from the project life (50-years) to
the duration of Federal participation (10-years).
The USACE requires the easements to ensure the
recreational portion of Federal projects paid for
by Federal monies are accessible by the public
for normal recreational use.
The USACE uses similar easement language on
Federal projects across the U.S.A. to protect the
Federal Interest in the projects.
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How will the Easement Change the Current
Recreational Usage Rights of the Sandy Beach?
The Easement will not change the rights of the
general public to enjoy normal recreational use
of the sandy beach!!
Florida Courts have historically protected the
rights of the General Public to enjoy the
recreational use of the Sandy Part of any beach.
Precedence was set in 1974 by case City of
Daytona Beach vs. Tona-Roma, Inc., 294 So. 2d 73
(Fla. 1974)
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City of Daytona Beach vs. Tona-Roma
The general public may continue to use the dry
sand area for their usual recreational
activities, not because the public has any
interest in the land itself, but because of a
right gained through custom to use this
particular area of the beach as they have without
dispute and without interruption for many years.
the owner may make any use of this property
which is consistent with such public use and not
calculated to interfere with the exercise of the
right of the public to enjoy the dry sand area as
a recreational adjunct of the wet sand or
foreshore area."
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If the Public can Already Use the Sandy Beach for
Recreation, Why Is the Easement Required?
The Federal Government must ensure to their
satisfaction, that use of the sandy beach by the
public is protected.
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What Type of Activities are Authorized within the
Easement Area?
Only those Activities Described in the Federal
Project, either by Design or Permit

• Initial Construction

• Heavy Equipment
• Work Crews Pipeline (Including Booster
  Pumps)
• Temporary Structures for Work Crews

• Nourishment (Same as Construction)

• Maintenance (cont)

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Maintenance Activities

• Beach Profile Surveys
• (7 Years Post Construction)

• Compaction Survey and Tilling
• (3 Years Post Construction)

• Escarpment Survey Leveling
• (Weekly May 1st to October 31st for 2
  years post construction)

• Lighting Survey
• (Monthly for summer following
  Construction)

• Marine Turtle Nesting Survey
• (3 years post Construction)

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Benefits for Granting the Easement
Federal Cost Sharing
The Federal Government will provide 65 of the
initial and periodic nourishment costs assigned
to hurricane and storm damage reduction, plus 50
of the initial and periodic nourishment project
costs assigned to recreation.
Current construction estimates yield the total
Federal project costs at 3,710,664. Assuming
all Easements are procured.
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What Happens if an Easement is not Procured

• The Federal Portion may be subsidized.
• (Estimated at 228 / l.f of beachfront.)

• The Project is built around your property,
  allowing mother nature to move the sand onto your
  property.

• The Project is not Constructed.

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Other F.A.Q.
Q.1. Are temporary structures authorized in the
project area? A.1. Only the structures necessary
for the Lee County Shore Protection Project (SPP)
are authorized in the easement area. This
includes temporary structures for construction
offices, portable sanitary facilities, and other
structures as may be required for the
construction of the project. Permanent or
temporary park facilities are not defined as
components of the Lee County SPP and shall not be
authorized by the granting of the federal
easement.
Q2. Will sand be placed over the existing
vegetation on the beach? A2. No, State
regulations prohibit the covering or destroying
of salt resistant vegetation.
Q3. Will the Berm block my view of the
beach? A3. No. The Berm is a design term used
to described the flat part of the beach
extending from approximately the foreshore slope
or MHWL to the Dune line. The Berm will
be constructed at an elevation of 4.1 NGVD 29, or
approximately the natural vegetation
line.
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Questions and Comments