Under the ESA 7 and FEMA PA Guide; any time a project has the potential to affect a threatened or endangered species or its habitat; FEMA must consult with NOAA NMFS before approving funding for that project.NOAA NMFS issued a biological opinion in 2016 finding the work completed by the Applicant did not have an adverse effect on any species or habitat in the harbor where construction occurred.44 C.F.R. Section 10.4(a) requires FEMA assure that it carries out its responsibilities in a manner consistent with national environmental policies. Accordingly; pursuant to both 404 of the CWA and FEMA PA Guide; an applicant must obtain a permit in any situation where dredging or filling is a component of a project.

CWA § 404.PA Guide; at 130; 132.HeadnotesUnder the ESA § 7 and FEMA’s PA Guide; any time a project has the potential to affect a threatened or endangered species or its habitat; FEMA must consult with NOAA’s NMFS before approving funding for that project.NOAA’s NMFS issued a biological opinion in 2016 finding the work completed by the Applicant did not have an adverse effect on any species or habitat in the harbor where construction occurred.44 C.F.R. Section 10.4(a) requires FEMA assure that it carries out its responsibilities in a manner consistent with national environmental policies. Accordingly; pursuant to both § 404 of the CWA and FEMA’s PA Guide; an applicant must obtain a permit in any situation where dredging or filling is a component of a project.