Important Update regarding the Foxland Harbor Marina Project - Please Share
Friends of Old Hickory Lake, through legal counsel, has formally demanded that the U.S. Army Corps of Engineers prepare a Supplemental Environmental Assessment (SEA) for the Foxland Harbor Marina project. The letter explains that the Corps’ 2024 Environmental Assessment (EA) and 2025 Finding of No Significant Impact (FONSI) are legally deficient under NEPA and Corps regulations.
Why a Supplemental EA Is Required
1. The Corps did not conduct an independent NEPA review.
• The Corps relied almost entirely on a developer‑written draft EA, rather than performing its own analysis.
• There is no evidence the Corps verified the developer’s claims or evaluated alternatives raised during public comment.
• 87% of commenters opposed or expressed concern about the marina, yet this overwhelming public input is not reflected in the EA or FONSI.
2. The EA is based on unreliable and outdated data.
• The market study used to justify the marina was prepared by a consultant hired by the developer, creating a conflict of interest.
• The study relied on COVID‑era boating data (2019–2022), which artificially inflated demand.
• Current public data from the Tennessee Wildlife Resources Agency shows boating registrations declining, not increasing.
• Corps regulations require use of reliable, unbiased data, which the Corps failed to obtain or consider.
3. The EA contradicts the developer’s public claims about dredging.
• Developers repeatedly told city officials and residents that no dredging would be needed.
• The Corps’ own EA states that maintenance dredging will likely be required due to sediment from Station Camp Creek.
• This environmental impact was never fully analyzed.
4. The alternatives analysis is legally inadequate.
• “Alternative 3” is essentially the same as the preferred alternative, except for 22 fewer slips.
• NEPA requires meaningful alternatives, not cosmetic variations.
• The Corps failed to evaluate reasonable alternatives proposed by the public.
5. The project has materially changed since the EA was issued.
• Over the past year, the developer has pushed the City of Gallatin to amend its master development plan to accommodate a significantly altered marina design.
• Under Corps regulations, substantial changes relevant to environmental concerns require a supplemental environmental review.
The project now before the city is not the same project the Corps evaluated in 2024.
Accordingly, we demanded that the U.S. Army Corps of Engineers:
1. Suspend any and all permitting activities related to the Marina until NEPA compliance is achieved through a supplemental EA;
2. Prepare and circulate a Supplemental EA (or environmental impact statement, if now warranted) analyzing reasonable alternatives, mitigation, and regulatory compliance with, but not limited to, the Clean Water Act, the Endangered Species Act, and the National Environmental Protection Act; and
3. Provide public notice and opportunity for comment consistent with NEPA and Corps regulations.
4. Confirm in writing within 30 days the U.S. Army Corps’ intention to comply with these requirements of law.
Should the U.S. Army Corps fail to do so, this will leave Friends of Old Hickory Lake no alternative but to pursue all available legal remedies, including injunctive relief.
Please let us know if you have any questions.