The U.S. Army Corps of Engineers has begun a $16.1 million beach renourishment project in Pinellas County that excludes a few property owners who refuse to sign a perpetual easement.

"Approximately 20,000 cubic yards of sand was omitted from the project due to a lack of easements from less than a dozen parcels," said U.S. Army Corps of Engineers spokesperson Susan Jackson.

The two sections of beach that will not receive that $340,000 worth of fresh sand are the northern tip of Sunshine Beach in Treasure Island and part of Upham Beach in front of the Silver Sands Condos in St. Pete Beach, according to Dr. John Bishop, the Pinellas Coastal Management coordinator and the Corps. Bishop said those areas were excluded before the bid for the beach renourishment project went out.

St. Pete Beach Mayor Maria Lowe said she worries if that section of Upham Beach in front of Silver Sands is not renourished, the natural attrition of sand that moves south to the beach in front of the hotels could be compromised. 

"It becomes a private property owner's consideration versus the public property need in having this sand for the community as a whole," she said.

Attorney Richard Zacur, who represents Silver Sands, wrote in a letter to Lowe that the Master Association has always worked with all authorities for beach renourishment, but steadfastly refuses to give away its property in the form of a permanent easement. 

"I don't know any land owner who would want to give away their property," he said.

The permanent easement would extend from the Silver Sands private property beach signs to the seawall and requires public access to that land, according to Zacur.

"That land is not needed for current beach renourishment at all," he said. "Once you give it away, you're never going to get it back."

Zacur said for the past 25 years Silver Sands has allowed beach renourishment through a temporary easement and is willing to sign another one, but Jackson said federal law prevents the Corps from accepting it. The attorney also pointed out that two thirds of the Silver Sands condo owners would have to approve the perpetual easement and the overwhelming majority have already said, "absolutely not."

Lowe said she understands why the property owners do not want to sign a perpetual easement.

"Once that easement is given, that becomes a public access area and they don't want to give away their property," Lowe said. "Which is a very reasonable consideration on the part of the private property owner. The other side of that is, without that easement, they do not get the beach renourishment now or after a catastrophic event where potentially the surge would take away some of this vegetated area."

Jackson said this is the first year the Corps has required a perpetual easement. In the past, a temporary easement was acceptable, but the Corps updated their policy to come in line with a 1986 law that prohibits Federal participation in costs assigned to benefits to privately owned shores where the use of such shores is limited to private interests, according to Jackson.

The Corps spokesperson said requiring perpetual easements is something that should've been part of the process all along. It came to the Corps' attention after the federal government made a huge investment in post-Hurricane Sandy restoration and had to ensure funding went to those projects that benefited the public.

Lowe said she hopes U.S. Rep. David Jolly can help alleviate the situation before the beach renourishment begins Aug. 3.

"We have contacted Mr. David Jolly in order to ask his assistance in looking at and reviewing the Water Management Act language, to see if there's a way we can even remove or alter the perpetual easement needs to a temporary easement need," she said. "I don't know how quickly that can be done and we are on the clock."

Jolly said this was first brought to his attention last week at a meeting with the Pinellas Council of Mayors.

"We have followed up with the City of St. Pete Beach and will be working closely with the mayor and staff in the coming days and weeks to resolve the issue," he said.

In Treasure Island, the lack of fresh sand on the northern tips of Sunshine Beach should not be much of a problem, according to city manager Reid Silverboard.

"There is already a fairly decent sandy beach in front of their properties," he said. "When we looked at it, we did not think that it would have any significant impact on the project."

Even so, Reid said he still tried to get those five property owners who live north of 126th Avenue to sign the perpetual easement.

"We wrote them several letters," he said. "I've had several conversations with a few of the owners there."

Sunshine Beach homeowner Don McLendon said he didn't even read the paperwork because there's already plenty of sand between his house and the water.

"I just don’t think we needed it," he said. "There’s never been water in this living room. I don’t think it will matter one way or the other. ... That beach line is going to be where it is regardless of what the Army Corps of Engineers does.”  

The Corps has already skipped that section as it began the beach renourishment project on Sunshine Beach last week.