20110038 Ver 1_Other Agency Comments_20110217

NTOFTh�i United States Department of the Interior
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o FISH AND WILDLIFE SERVICE
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Raleigh Field Office
,ygRCH ,eAe Post Office Box 33726
Raleigh, North Carolina 27636 -3726
February 17, 2011
Steven D. Dewitt, P.E.
North Carolina Turnpike Authority
1578 Mail Service Center
Raleigh, North Carolina 27699 -1578
Dear Mr. Dewitt:
This letter is in regard to the Southern and Eastern Wake Expressway (TIP Nos. R -2721, R -2828,
and R- 2829). As you know, the U.S. Fish and Wildlife Service (Service) has been very involved
in this project through the Turnpike Environmental Agency Coordination meetings. At these
meetings, the Service has stated its concern regarding the likely adverse effects of the project on
the federally endangered dwarf wedgemussel (Alasmidonta heterodon) within the Swift Creek
watershed (Meuse River basin). Section 7(a)(2) of the Endangered Species Act (ESA) requires
that all federal action agencies (or their designated non - federal representatives), in consultation
with the Service, insure that any action federally authorized, funded, or carried out by such
agencies is not likely to jeopardize the continued existence of any federally threatened or
endangered species. We anticipate that a formal Section 7 consultation will be required. The
Federal Highway Administration (FHWA), as the lead federal action agency, must initiate formal
Section 7 consultation by submitting to the Service an initiation package which includes a
Biological Assessment (BA). In return, the Service will conduct an analysis to determine if the
project will jeopardize the continued existence of the dwarf wedgemussel and issue a Biological
Opinion (BO). Given the fact that the 1993 Dwarf Wedgemussel Recovery Plan requires a
viable population in Swift Creek in order to recover the species, maintenance of a sustainable
dwarf wedgemussel population in the post - project Swift Creek watershed is vitally important.
We cannot understate the significance of this issue.
In addition to the normal information needs in developing the BA and BO (e.g. fully describing
and analyzing the direct, indirect and cumulative effects to the species), the Service must
determine the Environmental Baseline of the species. This section of the BO is an analysis of the
effects of past and ongoing human and natural factors leading to the current status of the species,
its habitat, and ecosystem within the action area. The Service believes there is a significant lack
of information for this critical component of the BO, which will likely hamper our analysis.
The ESA requires that the action agency provide the best scientific and commercial data
available concerning the impact of the proposed project on the listed species. Although
significant mussel survey data exists, the Service believes that more holistic data regarding
historical trends and ongoing alterations of habitat, water quality, hydrograph, watershed, and

land use are either lacking or not readily available to the Service. We believe that if additional
data and information were developed and/or acquired, the Section 7 consultation will be
expedited, and the probability of arriving at sound and accurate conclusions increases. In lieu of
filling these data gaps, the Service will develop the BO with available information, but giving the
benefit of any doubts to the species.
In order to ensure that issues related to data gathering and information availability and analysis
do not impede the consultation process, the Service is requesting that the North Carolina
Turnpike Authority (NCTA) and/or the FHWA fund an additional study within the Swift Creek
watershed. This additional information would greatly assist in the development of the
environmental baseline, effects analysis, jeopardy analysis, incidental take statement (if a no
jeopardy opinion) and reasonable and prudent measures (if a no jeopardy opinion). We envision
a three part study which focuses on the Swift Creek watershed from the Lake Benson dam
downstream to its confluence with the Neuse River, but may include relevant data from upstream
of the Lake Benson dam if needed (e.g. to fully evaluate stressors).
The study components include:
1. Provide an accounting (compliance /success) of existing conservation measures in the
lower Swift Creek watershed. This would primarily be a "desktop" evaluation which
documents conservation/mitigation measures adopted for past projects and following up
to see if the measures were implemented and enforced. It would also document all other
environmental protections emplaced through legislation and local ordinances.
2. Evaluate the effectiveness of existing conservation measures and environmental
protections, with regard to the dwarf wedgemussel and other rare aquatic species. This
portion of the study could incorporate a modified version of an existing local watershed
planning process developed by the North Carolina Ecosystem Enhancement Program. It
includes the following phases:
a. Watershed characterization
i. Review existing watershed data
ii. Identify data gaps
iii. Identify preliminary stressors
b. Detailed assessment and modeling
i. Conduct water quality monitoring and field assessments based upon
identified data gaps
ii. GIS data development
iii. Stakeholder outreach
c. Watershed management plan and project atlas
i. Develop watershed recommendations to address identified stressors
(projects, planning and zoning recommendations, etc.)
ii. Develop project atlas that prioritizes projects based upon degree of
functional improvement and project feasibility
3. Determine mussel population and habitat viability. This would determine if the dwarf
wedgemussel population contains a sufficient number of reproducing adults to maintain
genetic variability and annual recruitment adequate to maintain a stable population. This
would also determine if aquatic habitat [both physical (e.g. substrate, hydrograph) and