On October 5, 2024, the Army Corps sent a letter to NOAA Fisheries Protected Resource Division (“NMFS PRD”) claiming that the proposed Summers End marina would have no effects on threatened and endangered species and their critical habitat.  By claiming that the project impacts were “Not Likely to Adversely Affect” (NLAA) species and habitats the need for a formal Section 7 review is not required, and all that is needed is NMFS PRD concurrence with the findings.

This letter presents a multitude of issues.  First, the letter is almost identical to a prior draft submitted in March 2021, describing substantially the same marina with the same impacts on species and habitats, but the 2021 letter concluded “Likely to Adversely Affect” and requested FORMAL Section 7 consultation.  This letter, with the same data, simply added the word “Not” to the determination – a complete about-face – and requested concurrence from NOAA.

Furthermore, the letter itself describes highly significant impacts to habitat, primarily sea grasses, and offers no compensatory mitigation whatsoever for seagrass loss.  The letter, highlighted in the copy below, will require a strong response from Save Coral Bay.