Public input for Mast Canal project concludes

Jun 23, 2022 By CJ HADDAD 10 min read

Public input has officially closed and the permit approval stage is in its infancy for a proposal that could see a car wash constructed at the end of the Mast Canal in Cape Coral.

Public comment to be submitted to the Army Corps of Engineers has been collected and is being reviewed concerning a Tommy’s Express Car Wash location at 2807 Santa Barbara Boulevard. The project would affect waters of the United States, associated with Mast Canal, and is land vacated by the city in 2017 when plans for a Realtor office at the same location never came to fruition. Roughly 80 feet of the end of the canal would be filled in to support the structure, and residents are uneasy about the impacts of marine life, as well as noise pollution.

Cape Councilmember Jennifer Nelson, whose district is where the property is located, said the property is an administrative permit, and that City Council will not be weighing in on the issue.

ACOE spokesperson David Ruderman said in an email that all received comments were organized and sent to the applicant, SunDream, Inc. in Fort Myers, on June 21.

“Which allows the applicant an opportunity to respond to any questions or concerns raised by the commenters,” Ruderman said.

The ACOE said there is no timeline for a decision on the application, and “there is a lot of information that needs to be examined and assessed.”

“The Corps will continue the review process and determine whether additional information from the applicant is required to make a decision,” Ruderman added.

As it sits now, the project site consists of an undeveloped parcel made up of several lots, at the intersections of Santa Barbara Boulevard and Kamal Parkway to the north, and Santa Barbara Boulevard and Southeast 28th Terrace to the south, and at the terminus of Mast Canal. The Mast Canal is a tidally influenced saltwater system. The subject site is approximately 1.82-acres in size, which includes a 0.18-acre portion of canal vacated by the city. Approximately 1.64-acres consists of upland grasses, while the shoreline is vegetated. ACOE said the portion of the Mast Canal that is part of the subject site consists of 0.18-acres of tidal open waters. The site is surrounded by residential and commercial development in all directions.

When the city vacated the land five years ago, ACOE issued a permit for the filling of roughly 0.15-acres of mangrove wetlands and 0.05-acres of open waters at the end of the canal.

According to ACOE, SunDream, Inc. is looking to fill approximately 0.17-acres of open waters to act as a suitable base to support the structure. Plans are for approximately 165 linear feet of concrete bulkhead, with rip-rap scour toe protection at the base, to be constructed. Approximately 802 cubic yards of fill material would be placed within “waters of the United States” to provide the base for the development, with an additional 2.2 cubic yards of rip-rap at the base of the bulkhead. A 36-inch outfall pipe would be extended through the proposed fill and discharge at the face of the new bulkhead.

According to the ACOE, the applicant said compensatory mitigation should not be required because, “No formal compensatory mitigation is proposed as the impacts are to a man-made wetland and canal which do not provide significant wetland functions. The proposed 100-feet of riprap will replace any minimal wetland functions that will be impacted by the project.”

In response to that statement in public comment, Cape resident Deborah McDermott, who lives on the Mast Canal, stated: “This statement alone is alarming. To assume that (rip-rap) will be the answer for any wetland functions impacted by the project. To be fair, nobody knows the real future impact of this project. However, during Hurricane Season (June 1-December 1), the City of Cape Coral does not allow fertilizer treatment on any property. In addition, for those living along a canal, it is unlawful to allow grass clippings enter the canal and fertilizer is prohibited within 15 feet of the canal as well. That being said, during Hurricane Season, there are storms that provide enough flooding that the water level of the canal rises above the sea wall and goes as high as 6-10 feet onto the grass. With a car wash expelling contaminated water, this would kill grass and, ironically, negate the City’s purpose for prohibiting a ban on fertilizer and human waste dumping into the Mast Canal.”

There are several marine and wildlife species that have been taken into account when it comes to the property.

ACOE determined that the proposed project may affect, but is not likely to adversely affect, the American wood stork, as well as the green, Kemp’s ridley, and loggerhead sea turtles. After an opinion in 2017, ACOE determined that further consultation for these species is not needed.

ACOE has also determined the proposal may affect the smalltooth sawfish and its designated critical habitat. However, the National Marine Fisheries Service issued a Biological Opinion in 2017 stating that consultation for this species and its critical habitat is not needed.

When it comes to the West Indian manatee, ACOE stated that further consultation with the U.S. Fish and Wildlife Service pursuant to the Endangered Species Act could be necessary.

ACOE officials stated “the decision whether to issue or deny the permit application will be based on the information received from 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.”

ACOE officials stated that when it comes to the impact on natural resources, “all factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, aesthetics, 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.”

Ruderman added, “Also, bear in mind that since the FWC is a state agency, the Corps is not necessarily bound by any determination they make, but will consider any comments they provide in the permitting decision documentation.”

Cape residents Nancy Cavanaugh and Bob Goldman, a married couple who live on the Mast Canal, said they’re worried about what this decision could mean for preservation in the Cape moving forward.

They are concerned about what they say is the possibility of environmental impacts.

“One of our primary concerns is the long-term impact of the decision,” Cavanaugh said. “We disagreed with filling in the canal (in 2017), and we still disagree with filling in the canal. Primarily for the environmental impacts, but also the long-term president it sets. What are they going to say no to?

“The city doesn’t seem to value the canals because they’re man-made, and I think that’s very wrong — very shortsighted.”

Possible runoff from the carwash into the canal is at the top of the list when it comes to resident’s apprehension.

“A car wash facility produces an abundance of water filled with all types of chemicals during the cleaning process (not to mention the particles, parasites and trash being wiped away as well),” wrote McDermott. “There is no way to contain or guarantee that the Mast Canal will not become contaminated and, in turn, cause irreparable harm to the many species of fish, wildlife and Manatees that thrive in this canal.”

Other qualms for residents include additional traffic coming into the area via a major throughway in Veterans Boulevard, and that there’s already a number of car wash locations in the area.

“That area is now becoming very, very congested with traffic,” Goldman said. “If you’re standing (at the site) and you pick up a stone, you can literally throw it to another car wash a half-a-block away.

“Does the city not care what we look like at any point in time? How much congestion does the city think is possible at this major intersection?”

Goldman said other car washes in the city usually are on a major road or have a buffer. This location is in the middle of a residential area, he said.

“When you get all of that traffic going through there — the blowers going, the machinery going — that is a lot of environmental noise right next to a residential area,” Goldman said. “Not to mention lights, and traffic, and pollution, and spillage.”

Issues also arise when the applicant stated that the proposed project would not affect the Intracoastal Waterway or any Federal navigation channel, based on Florida State Plane coordinated provided by SunDream, Inc.

Again, residents contend they fear there could be environmental impacts.

“They adequately portray the Mast Canal, but conveniently leave out the openings to the other canals that exit this waterway and wander through to the Caloosahatchee River,” McDermott said. “Ergo, as with all water, the contaminated water and trash from the car wash will move with the tide and become problematic for other canals (and fish/manatees) as well. Another concern (that) has not been addressed is the deterioration of the sea walls bordering the Mast Canal. Already over 50 years old, the sea walls have not been evaluated or considered regarding their ability to withstand the additional constant surges of water (along with tides) from a car wash. The sea walls could also be more quickly eroded by contaminated water.”

Residents who live in the two houses on both sides of the canal adjacent to the site have docks. Goldman said if 80 feet of the canal were to be filled in, they would have major issues turning their boats around to get them into the lift.

Cavanaugh and Goldman said they also have an issue with the fact that the city vacated the land based on plans for a Realtor’s office. Now that those plans are no longer in place, they should be reevaluated, and not on the shoulders of the ACOE, they maintained.

“That vacation should have been vacated, because it’s not going to be a Realtor’s office,” Cavanaugh said. “We were told (by the city the land is marked) commercial, a car wash is on the list, (and) there’s nothing we can do — which I find very difficult to accept.”

The pair said they’re not opposed to a business or entity building at that location, just one that would not involve filling in the canal.

“If there are low-impact commercial businesses, that would be better suited,” Goldman said.

ACOE officials said comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

SunDream, Inc. could not be reached for comment.

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To reach CJ HADDAD, please email cjhaddad@breezenewspapers.com