DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS

441 G STREET, NW
WASHINGTON, DC 20314-1000

CEMP-CR

MEMORANDUM FOR Chief, Real Estate, South Atlantic Division, (CESAD-PDR/

Mr. William A. LeShore), U.S. Army Corps of Engineers, 60 Forsyth Street SW, Atlanta,
GA 30303-8801

SUBJECT: Pinellas County Shore Protection Project, Sand Key Segment, Florida

1. References:

a. CESAD-PDR memorandum (Pinellas County, Florida Shore Protection Project),

25 August 2022 (enclosure 1).

b. CESAJ-RE memorandum (Pinellas County, Florida Shore Protection Project, Real

Estate Requirements for San Key Segment), 8 August 2022 (enclosure 2).

c. CERE-AP memorandum, (Standard Estates – Perpetual Beach Nourishment and

Perpetual Restrictive Dune Easement), 4 August 1995 (enclosure 3).

d. Engineer Circular 405-1-11, Exhibit 5-29 Standard Estates, 1 December 2004

(enclosure 4).

e. Engineer Pamphlet (EP) 1165-2-1, Digest of Water Resources Policies and

Authorities, 30 July 1999.

f. Engineer Regulation (ER) 1105-2-100, Planning Guidance Notebook,

22 April 2000.

2. Reference 1.a. requests the non-federal sponsor (NFS) be permitted to continue

acquiring temporary easements on private lands landward of the mean high tide line,
also known as the erosion control line (ECL) in the state of Florida. From project
inception, the NFS provided temporary easements and paid 100% of the cost for the
volume of fill placed landward of the ECL on private property. In 1995 (reference 1.c.),
the Headquarters, U.S. Army Corps of Engineers (HQUSACE) published new standard
perpetual beach nourishment and dune easements for use in projects like Sand Key.
These easement estates have been refined into one permanent beach storm damage
reduction easement, officially published in 2004 (reference 1.d.), that requires public
access because 33 United States Code (U.S.C.) §2213(d) prohibits federal funding of
benefits to privately owned shores where use is limited to private interests. This
permanent easement estate is the minimum estate necessary to support scheduled
beach nourishments.
CEMP-CR
SUBJECT: Pinellas County, Florida Shore Protection Project, Sand Key Segment,
Florida

3. The permanent easements are required landward of the ECL along the entirety of
the federal project reaches as defined in the project partnership agreement to justify the
federal investment and for successful operation of the project. The project function,
which provides erosion and storm surge risk management to landward facilities through
the sacrifice of project fill material, depends on maintenance of the horizontal and
vertical dimensions of the project design. Permanent easements manage uncertainty
because they ensure access along the entire project length for initial construction,
continued nourishments, operations and maintenance, and hurricane and storm event
responses to maintain maximum benefits. Nourishment of any private beaches not a
part of the federal project may be accomplished at 100% non-federal expense. Since
this local effort would not be a part of the federal project, the non-federal entity may
acquire any real property interest they deem necessary under state and local
procedures since no federal funds would be provided.

4. Reference 1.a. also requests that HQUSACE grant an exception to the policy in EP
1165-2-1, paragraph 14-1. c.(2)(a) (reference 1.e.) that states ”(i)f the upland part of a
segment of beach is privately owned and used, that segment will be assigned 100%
non-federal responsibility for project work, both below and above the mean high tide
line.” This policy is consistent with that reflected in Appendix E (Civil Works Missions
and Evaluation Procedures) of ER 1105-2-100 (reference 1. f.) and 33 U.S.C. §2213(d).
It is acknowledged that the authorizing documents for this project predate the Water
Resources Development Act of 1986 (Public Law 99-662) which prohibits federal
participation in costs assigned to benefits to privately owned shores and the 1995
(reference 1.c.) permanent easement development. However, continued nourishments,
operations and maintenance, and hurricane and storm event responses to maintain
maximum benefits require compliance with current law and policy. The requests for
policy waivers are not approved.

5. The point of contact for this action is Ms. Sarah Alexander. She can be reached at
(202) 761-0673, or at sarah.e.alexander@usace.army.mil.

JOHNSONMUIC.PA Digitally signed by

JOHNSONMUIC.PAULA.S.1229194557
ULA.S.1229194557 Date: 2023.04.14 15:14:36 -05'00'
4 Enclosures PAULA S. JOHNSON-MUIC
Interim Director of Real Estate