Case 4:22-cv-10002-JEM Document 1 Entered on FLSD Docket 01/11/2022 Page 1 of 35
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Civil Case No. ________________
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`FOLKS - FRIENDS OF THE LOWER
`KEYS, LLC,
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`Plaintiff,
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`v.
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`CITY OF MARATHON, FLORIDA,
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`Defendant.
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`COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND CIVIL
`PENALTIES PURSUANT TO THE CLEAN WATER ACT AND
`THE ENDANGERED SPECIES ACT
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`FOLKS - Friends of the Lower Keys (“FOLKS”), by and through its counsel, hereby
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`alleges as follows:
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`I.
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`SUMMARY OF THE CASE
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`1.
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`The City of Marathon (“Marathon”) is violating the federal Clean Water Act by
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`discharging pollutants from shallow sewage wells to the waters of the Florida Keys without a
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`National Pollutant Discharge and Elimination System (“NPDES”) permit.
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`2.
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` Marathon disposes of sewage through shallow wells that release pollutants 60 to
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`120 feet underground. But the ground into which Marathon has drilled its shallow sewage wells
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`is the highly porous limestone geology known as karst that makes up the Florida Keys. The rock
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`is riddled with voids, tunnels and conduits that act as pipelines for sewage pollution to move away
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`from the wells. Using these subsurface highways, pollutants migrate quickly—in a matter of days,
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`and without substantial change in chemical composition—from Marathon’s wells to adjacent
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`surface waters.
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`3.
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` Marathon is also violating the Clean Water Act by discharging sewage pollution
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`that contributes to exceedances of state water quality standards. The nearshore waters that receive
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`Marathon’s shallow sewage well discharges are already in violation of Florida water quality
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`standards for nutrients. Yet Marathon continues to discharge sewage with harmful levels of
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`nutrients into these waters—as well as bacteria, pharmaceuticals, illicit drugs, personal care
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`products, pesticides, and other pollutants.
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`4.
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`Marathon is also violating the federal Endangered Species Act. When it reaches
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`surface waters, Marathon’s sewage pollution harms threatened and endangered species of fish,
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`corals, turtles, and other animals, and thus constitutes prohibited “take” of these species under that
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`law. The waters near Marathon, part of the Florida Keys National Marine Sanctuary, are home to
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`at least 23 species of animals that are federally listed as threatened or endangered. Many of the
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`waters surrounding Marathon have been identified as “critical habitat” for several of these
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`threatened or endangered species. Marathon’s sewage pollution injures endangered corals, fish,
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`and other animals directly and indirectly too, by damaging sensitive habitats they rely upon, like
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`coral reefs and seagrass beds.
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`5.
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`Florida law and Monroe County policies both direct Marathon to abandon shallow
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`sewage wells for a better technology: deep sewage wells that dispose of pollution 2000 feet or
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`more below ground. Deep sewage wells are economically practical and are widely used by other
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`municipalities across the Keys. They would eliminate Marathon’s impacts on nearby surface
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`waters and Marathon’s violations of federal law. But despite decades of notice that deep wells
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`should be used in the Florida Keys, and although the other major population centers in the Keys
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`moved from shallow to deep sewage wells, Marathon continues to use shallow sewage wells and
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`recently sought authorization to discharge even more sewage pollution through them.
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`6.
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`FOLKS brings this action to compel Marathon to (1) cease discharges from shallow
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`sewage wells to surface waters without NPDES authorization, (2) stop contributing to violations
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`of water quality standards, (3) use only deep wells for future subsurface disposal of sewage
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`pollution, and (4) end the illegal “take” of threatened and endangered animals.
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`II.
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`JURISDICTION AND VENUE
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`7.
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`This is a civil suit brought under the citizen suit enforcement provisions of the
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`Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq. (“Clean Water Act”) and the
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`Endangered Species Act, 16 U.S.C. §§ 1531. This Court has subject matter jurisdiction over the
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`parties and this action pursuant to Section 505(a)(1) of the Clean Water Act, 33 U.S.C. §
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`1365(a)(1), Section 11 of the Endangered Species Act, 16 U.S.C. § 1540(c), and 28 U.S.C. §§
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`1331 and 2201 (an action for declaratory and injunctive relief arising under the Constitution and
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`laws of the United States).
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`8.
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`On November 8, 2021, FOLKS issued a sixty (60) day notice letter (“Notice
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`Letter”) to the City of Marathon. The Notice Letter is incorporated by reference and attached as
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`Exhibit 1. The Notice Letter informed Marathon of its violations of the Clean Water Act and
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`Endangered Species Act and of FOLKS’ intention to file suit against Marathon. The Notice Letter
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`was also sent to the Administrator of the United States Environmental Protection Agency (“EPA”),
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`the Administrator of EPA Region IV, and the Secretary of the Florida Department of
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`Environmental Protection (“FDEP”) as required by the Clean Water Act. See 33 U.S.C.
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`§ 1365(b)(1)(A). Further, the Notice Letter was sent to the Secretaries of the Departments of the
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`Interior and Commerce, and their respective representatives, the Director of the Fish and Wildlife
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`Service and Administrator of the National Marine Fisheries Service, as required by Section 11 of
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`the Endangered Species Act, 16 U.S.C. § 1540(g)(2)(A), and the Services’ implementing
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`regulations.
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`9.
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`More than sixty (60) days have passed since the Notice Letter was issued to
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`Marathon and the state and federal agencies.
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`10.
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`FOLKS is informed and believes, and therefore alleges, that neither the EPA, the
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`Department of Interior, the Department of Commerce, nor the state of Florida has commenced or
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`is diligently prosecuting an action to redress the violations alleged in the Notice Letter and in this
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`Complaint under the Clean Water Act, 33 U.S.C. § 1365(b)(1)(B) or the Endangered Species Act,
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`16 U.S.C. § 1540(g)(2)(A). This action is not barred by any prior administrative penalty matter.
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`Accordingly, because the requirements of 33 U.S.C. § 1365(b)(1)(B) and 16 U.S.C. § 1540(g) have
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`been met, this matter may be commenced.
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`11.
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`Venue is proper in the Southern District of Florida, pursuant to 33 U.S.C. §
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`1365(c)(1) and 16 U.S.C. § 1540(g)(3)(A), because the sources of the violations are located within
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`this judicial district, specifically within Monroe County.
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`A.
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`Plaintiff FOLKS - Friends of the Lower Keys
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`III.
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`PARTIES
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`12.
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`FOLKS is an all-volunteer Florida limited liability corporation, with members and
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`supporters throughout Monroe County, that works to preserve the low-density community
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`character of the Florida Keys, to protect and improve the nearshore water quality of the Florida
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`Keys, and to protect and preserve the wildlife and habitats found in those nearshore waters. FOLKS
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`works with other organizations to protect water quality and local ecosystems together as a
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`community. FOLKS’ approach combines sound science, policy advocacy, grassroots community
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`engagement, education, and where necessary litigation. FOLKS’ organizational purposes include
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`the elimination of shallow sewage wells in the Florida Keys as a key measure to protect water
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`quality and preserve aquatic ecosystems. Members and supporters of what is now FOLKs have
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`been active in opposing shallow sewage wells in the Florida Keys since 2014. FOLKS represents
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`its members and supporters in and around Monroe County who have personally suffered harm to
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`their aesthetic, recreational, and economic interests due to discharges of sewage pollution to the
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`groundwater beneath the Florida Keys that rapidly travels to the Atlantic Ocean, Florida Bay, and
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`the Gulf of Mexico. FOLKS members and supporters use these waters for boating, recreational
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`fishing and commercial fishing, wading, body contact water sports and other forms of recreation,
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`wildlife observation, aesthetic enjoyment, educational study, and spiritual contemplation.
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`13.
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`FOLKS represents its members and supporters in and around Monroe County who
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`have personally suffered harm to their aesthetic, recreational, and economic interests due to
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`Marathon’s illegal discharges of sewage pollution that harms endangered species in the waters of
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`the Florida Keys. FOLKS members and supporters are concerned for the wellbeing and continued
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`existence of endangered corals, turtles, fish, manatees, and other animals that make the Keys
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`ecosystem unique and vibrant. FOLKS members and supporters use, repeatedly visit, and will
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`continue to use and visit the waters and ecosystems that these animals inhabit, and their associated
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`beaches, for wildlife observation, photography, aesthetic enjoyment, spiritual contemplation,
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`and/or in support of their commercial endeavors.
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`14.
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`FOLKS members and supporters include residents and property owners of
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`Marathon who reside, recreate, and/or work in the vicinity of the waters directly impacted by
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`Marathon’s violations and who have reasonably founded fears that the pollutants contained in
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`Marathon’s sewage have and will continue to cause or contribute to: (1) poor water quality in the
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`nearshore waters that affects human health, endangered species, and the environment; (2) harmful
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`algal blooms (“HABs”) that are dangerous to human health, endangered species, and the
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`environment; (3) the decline in abundance and distribution of seagrasses and coral reef colonies
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`that support local marine life; and (4) damage to nearshore benthic communities that serve as
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`nurseries for fisheries. These individuals reasonably fear that such pollutants and their effects have
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`and will continue to negatively impair their quality of life, their property values, and other
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`economic interests.
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`15.
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`FOLKS members and supporters also include commercial fishermen and
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`individuals who own businesses in the marine service industries located within Monroe County.
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`These individuals’ livelihoods are adversely affected by Marathon’s illegal discharges and the
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`resulting reduction in fisheries, harms to endangered species, and harms to the ecological health
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`of nearshore waters.
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`16.
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`FOLKS members and supporters conduct water quality studies, and photograph
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`flora and fauna in and around affected nearshore waters. FOLKS members and supporters are
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`concerned about eating locally caught fish or suggesting to visiting friends and relatives that they
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`swim at Marathon beaches.
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`17.
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`FOLKS members have expressed concern, stress, and frustration that governments
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`have failed to adequately address Marathon’s pollution of the nearshore waters and continued use
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`of shallow sewage wells despite recurrent HABs, damage to benthic communities, harms to fish
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`and other marine animals that visit and rely on these waters, and the injuries to members and
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`supporters’ businesses, recreational activities and quality of life. FOLKS’ members concerns and
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`frustration with governmental inaction to address Marathon’s sewage pollution are particularly
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`acute in light of the now 21-year-old 2000 Monroe County Sanitary Wastewater Master Plan,
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`which called for elimination of shallow sewage wells in Marathon, and an 11-year-old State law
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`intended to move the Florida Keys toward deep well injection, both of which are discussed further
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`below.
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`18.
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` Marathon’s illegal discharges of sewage pollution to nearshore waters degrade
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`water quality and harm aquatic life, including threatened and endangered species, and thus threaten
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`or impair each of the uses described above or contribute to such threats and impairments, ultimately
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`interfering with FOLKS members and supporters’ use and enjoyment of these waters.
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`19.
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`For example, one FOLKS member, Don DeMaria, is a resident of Monroe County
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`and an owner of Sea Samples, a small business specializing in the collection of marine
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`invertebrates for bio-medical research. In the past, Mr. DeMaria has visited the waters around
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`Marathon about five times per year to collect samples. He also used to swim regularly in the waters
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`around Marathon. But Mr. DeMaria has stopped his commercial marine endeavors offshore
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`Marathon because of his concern that the impaired water quality would make the fragile marine
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`specimens he collects and sells unviable. He has also stopped swimming in these waters out of
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`concern that he could get sick due to the pollutants in the water, although he would happily resume
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`swimming in the area if the waters were cleaner. Mr. DeMaria is also deeply concerned about the
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`harm that Marathon’s pollution is causing to wildlife, including the endangered corals and other
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`animals that are part of these aquatic ecosystems.
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`20.
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` FOLKS member Cecelia Mattino lives in Marathon with her family. They used to
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`take their many visiting relatives to the beach, but now warn them not to go in the water around
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`Marathon because of pollution from shallow sewage wells and frequent beach closures.
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`21. Ms. Mattino used to own a boat and go fishing for fun and because the family loves
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`to eat fresh fish. Because of her concerns about Marathon’s shallow sewage wells, she sold her
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`boat and no longer eats local fish. She is also concerned about the impact on property values caused
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`by the deteriorating water quality.
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`22.
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`Both of these members have observed people fishing and swimming in the waters
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`surrounding Marathon and are concerned for them because they know these waters are polluted.
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`23. Marathon’s illegal discharges of pollutants threaten or impair each of the uses
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`described above or contribute to such threats and impairments. Thus, the interests of FOLKS
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`members and supporters have been, are being, and will continue to be adversely affected by
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`Marathon’s failure to comply with the Clean Water Act and the Endangered Species Act.
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`24.
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`The interests of FOLKS members and supporters that FOLKS seeks to protect
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`through this lawsuit are germane to the purposes for which FOLKS was created. FOLKS’
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`organizational purposes include: eliminating shallow sewage wells in the Florida Keys, thereby
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`protecting groundwater and surface waters from pollution and degradation; promoting its members
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`and supporters and the public’s abilities to use surface waters for water contact recreation, aesthetic
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`enjoyment, fishing, wildlife observation, educational study, and spiritual contemplation;
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`protecting the viability of the local fisheries that are a mainstay of the Florida Keys economy, and
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`that support property values and tourism; and protecting the nearshore waters for the benefit of the
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`flora and fauna that require clean low nutrient water to reproduce and survive.
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`25.
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`Continuing commission of the acts and omissions alleged herein will irreparably
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`harm FOLKS members and supporters.
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`26.
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`The relief sought herein will redress the harms to FOLKS members and supporters
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`caused by Marathon’s illegal conduct. As set forth below, FOLKS seeks a court order that declares
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`Marathon to be in violation of the Clean Water Act and Endangered Species Act, enjoins further
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`violations of these laws, imposes civil penalties in accordance with the Clean Water Act, bars
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`Marathon from further discharge of sewage pollution to nearshore waters, and requires Marathon
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`to stop using shallow sewage wells in favor of deep sewage wells. Each of these forms of relief
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`helps to redress the harms that FOLKS members and supporters are experiencing. The injunctive
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`relief requested would directly reduce the sewage pollution and the take of endangered species that
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`is injuring FOLKS members and supporters. Imposition of civil penalties would incentivize
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`Marathon to end its illegal discharges quickly and would deter future violations. Declaratory relief
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`both enables the injunctive relief and civil penalties and is also valuable in itself. At the very least,
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`a declaration by this Court that Marathon is a lawbreaker will increase public interest and pressure
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`on Marathon to stop discharging sewage into the Florida Keys and to start protecting threatened
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`and endangered corals, fish, turtles and other animals.
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`B.
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`Defendant City of Marathon
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`27.
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`Defendant City of Marathon is a municipality incorporated under the laws of the
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`state of Florida and a “person” within the meaning of Section 502(5) of the Clean Water Act, 33
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`U.S.C. § 1362(5) and Section 3 of the Endangered Species Act, 16 U.S.C. § 1532(13).
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`28. Marathon’s political boundary includes seven islands (Knight’s Key, Boot Key,
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`Vaca Key, Fat Deer Key, Long Point Key, Crawl Key, and Grassy Key) in a roughly east-west
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`orientation in the middle of the Florida Keys (an area known as the “Central Keys”). The Atlantic
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`Ocean is to the south of the islands (“ocean-side”). Florida Bay and the Gulf of Mexico are to
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`their north and north-west (“bay-side”).
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`IV.
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`STATEMENT OF FACTS
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`A. Marathon built, owns, and operates shallow sewage wells without NPDES permits
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`29. Marathon built, owns, and operates a sewer system that conveys municipal sewage
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`to five separate wastewater treatment plants (“WWTPs”) within the city, each within its own
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`service “Area.” These five WWTPs dispose of their sewage effluent via twelve shallow sewage
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`wells.
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`30.
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`The shallow sewage wells are drilled 90 to 120 feet below the ground surface. These
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`wells are only cased to 60 feet, with the remainder an open hole down to 90–120 feet below the
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`ground surface.
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`31.
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`The ground into which Marathon’s shallow sewage wells are drilled consists of
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`porous and fractured (karstic) limestone formations with many tunnels and conduits.
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`32.
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`The islands of Marathon are narrow. Accordingly, Marathon’s 12 shallow sewage
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`wells are located close to the shoreline, one (Area 6) as close as 64 feet from surface waters.
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`33. Marathon is currently discharging in the range of 900,000 to 1.1 million gallons per
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`day (“MGD”) of sewage pollution from its 12 shallow sewage wells (e.g., in November 2021, the
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`monthly average of the daily flow from all of Marathon’s shallow sewage wells was 1.05 MGD).
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`Marathon is currently seeking to increase its shallow sewage well capacity.
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`34. Marathon has obtained underground injection control (“UIC”) permits from FDEP
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`for the injection of sewage through its shallow wells.
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`35.
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`The UIC permits authorize Marathon to operate underground injection wells, but
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`do not authorize the discharge of sewage from those wells to the waters of the Florida Keys. The
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`surface waters of the Florida Keys are protected from pollution by the federal Clean Water Act.
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`Discharge to these surface waters is only lawful if the discharger has obtained a NPDES permit
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`and complies fully with all of the water quality protections set forth in that permit.
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`36. Marathon has not applied for or been issued any NPDES permit that authorizes
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`discharges of sewage pollution from the WWTPs and their shallow sewage wells to the waters of
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`the Florida Keys.
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`B.
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`A large body of research supports government findings that sewage injected into
`shallow wells in the Florida Keys migrates swiftly to nearby surface waters
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`37.
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`A substantial body of evidence shows that pollutants discharged from shallow
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`sewage wells into the porous substrate of the Florida Keys migrate rapidly to surface waters. Since
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`the 1990s, researchers have found that shallow sewage wells in the Florida Keys have a direct
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`hydraulic connection to the nearshore waters of the United States and swiftly add pollutants to
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`those nearshore waters. Studies show that pollutants from shallow sewage wells in the Florida
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`Keys can travel hundreds of feet per day, reaching surface waters in a matter of days. More detail
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`concerning these studies is included in the Notice Letter, Part I.B at 5–7.
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`38.
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`Correspondingly, in 2008, FDEP issued the “Central Keys Reasonable Assurance
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`Documentation” (“2008 FKRAD”), intended to provide reasonable assurance that sufficient
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`control mechanisms would be implemented in the Florida Keys to return the area to the State’s
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`water quality targets. The 2008 FKRAD concluded that shallow sewage wells provide virtually
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`no attenuation of nitrogen and little reduction of phosphorus before daylighting in surface waters.
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`More detail concerning the 2008 FKRAD is included in the Notice Letter, Part I.B at 7.
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`39.
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`In 2018, FDEP again reiterated that water quality in these nearshore waters is
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`“impaired” under State water quality standards and the Clean Water Act by an excess of
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`nutrients—in part because of wastewater management practices, including shallow sewage wells.
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`40.
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`FOLKS has worked to study and document this rapid migration of pollution. For
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`example, in 2019, local residents tested a visible plume in surface waters near Marathon
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`approximately 1500 feet from Marathon’s two Area 4 shallow sewage wells. Sampling of the
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`plume showed high concentrations of sucralose, an artificial sweetener that is present in sewage
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`but not in nature. More detail on these and other efforts is included in the Notice Letter, Part I.B
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`at 7–8, Part I.C at 11.
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`41.
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`The research and evidence, compiled over more than two decades, demonstrates
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`that when Marathon disposes of its sewage through shallow wells, pollutants travel rapidly and
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`substantially unchanged from the wells through the porous karstic limestone underlying Marathon
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`into the nearby waters of the United States.
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`C. Marathon conveys multiple pollutants from its shallow sewage wells to nearshore
`waters
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`42. Marathon’s shallow sewage wells discharge a complex mix of pollutants to surface
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`waters on both the ocean-side and bay-side of the Keys.
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`43. Marathon discharges sewage, which is itself a pollutant. Constituent pollutants
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`within that sewage include, among others: nutrients, including nitrogen (such as nitrate, nitrite,
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`ammonia, and ammonium) and phosphorus (such as inorganic phosphorus and phosphate salts);
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`oxygen demanding substances (measured in chemical oxygen demand and biological oxygen
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`demand); bacteria (such as fecal coliform); pH-altering substances; suspended and dissolved
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`solids; and residual chlorine.
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`44. Marathon discharges numerous pharmaceuticals and personal care products
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`(“PPCPs”), as well as other drugs and chemicals that are persistent and mobile in the environment
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`and have been reported in groundwater in multiple regional and national surveys. PPCPs
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`commonly found in sewage are listed in the Notice Letter, Appendix B at 36. On information and
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`belief, FOLKS alleges that these PPCPs are found in Marathon’s sewage.
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`45. Marathon also discharges per- and poly-fluoroalkyl substances (“PFAS”).
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`According to the EPA, PFAS break down very slowly and build up in people, wildlife, and the
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`environment. PFAS are present in many products including food, food packaging, household
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`products, and personal care products; as such they are also found in sewage. PFAS pose human
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`health risks that range from obesity and elevated cholesterol to reproductive health and immune
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`dysfunction to certain cancers. The accumulation of PFAS in the marine environment is leading
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`to the accumulation of high concentrations of PFAS in the tissue of fish that people eat,
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`contributing to the accumulation of PFAS in people.
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`46.
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`The accumulation of PFAS in the marine environment is also leading to high
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`concentrations in the tissue of a number of threatened and endangered species, including manatees,
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`turtles, alligators, seabirds, dolphins, and whales. There is cause for concern that these pollutants
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`are accumulating at levels that harm these species.
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`D. Marathon’s sewage pollution contributes to the continuing failure of nearshore
`waters to meet water quality standards
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`47.
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`Due to the unique significance of the Florida Keys ecosystems, the Keys have been
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`the subject of significant regional, state, and federal scrutiny. For example, the state of Florida has
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`designated the waters of the Florida Keys as “Outstanding Florida Waters” and “Special Waters,”
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`deserving of extra protection.
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`48.
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`Issues related to deteriorating water quality in the Keys caused by nutrient loads
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`have been recognized for decades. As early as 1975, the Florida Administration Commission
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`declared the Florida Keys to be an area of critical state concern.
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`49.
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`In 1990, the U.S. Congress designated the waters of the Florida Keys as the Florida
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`Keys National Marine Sanctuary (the “Sanctuary”). To protect the Sanctuary, Congress created a
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`Water Quality Protection Program for the Florida Keys, requiring Florida, the EPA, and the U.S.
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`National Oceanic and Atmospheric Administration (“NOAA”) to work together to achieve
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`strategic targets for various pollution parameters, including dissolved inorganic nitrogen and total
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`phosphorus.
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`50.
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`From 2012 to 2018, Marathon’s waters were noncompliant with EPA’s strategic
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`targets 78.2% of the time for nitrogen and 67.9% of the time for phosphorus.
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`51.
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`Nutrient levels around Marathon are consistently non-compliant with these and
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`other regulatory requirements.
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`52.
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`Surface nitrate concentrations around Marathon are particularly high compared to
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`many other areas of the Florida Keys. Figure 1 shows recent nitrate concentrations in and around
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`Marathon.
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`Figure 1: Surface NO2 (parts per million) in the Florida Keys, Summer 2019
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`The area around Marathon is identified with a red box.
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`53.
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`One of the most important functions that a state performs under the Clean Water
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`Act is to promulgate water quality standards. As part of this process, a state identifies the potential
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`uses of each waterbody regulated under the Clean Water Act. See Clean Water Act Section
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`303(c)(2), 33 U.S.C. § 1313(c)(2). For example, a waterbody may be designated as suitable for
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`recreation, or for the propagation of fish and wildlife. States also set numeric and narrative criteria
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`that specify the extent to which pollutants may be present in the waterbody without impairing its
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`suitability for those designated uses. Id.
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`54.
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`The state of Florida has mapped and numerically identified nearshore segments of
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`the waterbodies surrounding Marathon. It has also identified impairments of state-established
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`water quality standards in those waterbodies, as set forth in Table 1.
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`Table 1: Impaired Waterbody Segments Surrounding the City of Marathon
`Waterbody ID Name
`Impairments
`6011A
`Vaca Key
`nutrients; copper; mercury in fish tissue
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`Key Colony
`nutrients
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`6011C
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`8081A
`8081B
`8077A
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`Grassy Key
`Duck Key
`Coco Plum Beach
`Sombrero Beach
`Curry Hammock State Park
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`nutrients; mercury in fish tissue
`nutrients; dissolved oxygen
`nutrients
`nutrients; bacteria
`nutrients
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`
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`55.
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`The nearshore waters around Marathon listed in Table 1 have been impaired since
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`the 1990s and remain impaired, meaning that because of excessive nutrient loading these waters
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`do not meet water quality standards established by FDEP under Section 303(c) of the Clean Water
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`Act. 33 U.S.C. § 1313(c).
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`56.
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`In addition to nutrients, the waters of Sombrero Beach (on Vaca Key ocean-side)
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`have been impaired for bacteria. Sewage discharge is known to contain bacteria, including fecal
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`coliform.
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`57.
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`These impairments persist despite significant expenditures, since the 1990s, on
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`wastewater infrastructure based on the use of shallow sewage wells.
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`58.
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`By discharging significant volumes of nutrients and other pollutants through its
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`inadequate shallow sewage wells, Marathon is contributing to the failure of these waterbody
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`segments to attain Florida’s water quality standards and to meet the federal and state targets
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`established to protect the Florida Keys National Marine Sanctuary.
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`E. Marathon’s sewage pollution harms threatened and endangered species and their
`Designated Critical Habitats.
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`59.
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`The Florida Keys National Marine Sanctuary contains many nationally significant
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`marine habitats, including seagrass beds, coral reef colonies, hardbottom habitats, and mangrove-
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`fringed islands. The Sanctuary is home to thousands of marine species, including dozens of
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`threatened and endangered species of animals and plants.
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`60.
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`At present, there are 23 threatened or endangered marine species in the Sanctuary
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`surrounding Marathon. The National Marine Fisheries Service (a unit of NOAA) has designated
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`critical habitat within the Sanctuary for 12 species, including loggerhead turtles, smalltooth
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`sawfish, elkhorn coral, staghorn coral, and piping plover. All of the waters directly offshore
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`Marathon on the ocean-side are designated critical habitat for loggerhead turtles, elkhorn coral,
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`and staghorn coral. These waters are also proposed critical habitat for boulder star coral,
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`mountainous star coral, rough cactus coral, pillar coral, and lobed star coral.
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`61.
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`There are also seven coral species within the Keys listed as threatened under the
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`Endangered Species Act, including elkhorn, staghorn, and star corals—all of which are found in
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`the waters near Marathon. In addition to their own intrinsic value, coral reef colonies serve as
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`important habitat for other marine species.
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`62.
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`The seagrass beds of the Florida Keys are home to many federally threatened and
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`listed marine animals, including American crocodile, various species of sea turtle, roseate tern,
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`wood stork, bald eagle, smalltooth sawfish, West Indian Manatee, and others. Further, many
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`seabird species are dependent on seagrass communities for their diet, including great white heron,
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`reddish egret, tricolored heron, white pelicans, and others.
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`63.
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`A number of important habitats located in Sanctuary waters are directly affected by
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`Marathon’s discharges. NOAA is proposing to recognize six “sanctuary preservation areas” (an
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`increase from the current two such areas) within five miles of Marathon on the ocean-side. These
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`areas are designed to protect important coral reef habitats. NOAA is also proposing to create a
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`variety of restricted access areas just offshore of Marathon on both the ocean-side and bay-side to
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`protect seagrass and hardbottom habitats. The Office of National Marine Sanctuaries (a unit of
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`NOAA) oversees the Sanctuary and is developing a “Restoration Blueprint” for these important
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`marine and coastal habitats.
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`64.
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`The sanctuary preservation areas identified for special protection include:
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`a.
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`Coffins Patch Sanctuary Preservation Area: a reef that hosts some of the
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`largest historic populations of Endangered Species Act-listed staghorn, elkhorn, and pillar
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`corals.
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`b.
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`Marathon Key Sanctuary Preservation Area: an important coral nursery and
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`degraded reef in need of restoration.
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`c.
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`Marathon Oceanside Shoreline Wildlife Management