20051748 Ver 2_US Dept of Interior Comments_20041208

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
December 8, 2004
David Schiller
Restoration Systems, LLC
1101 Haynes Street, Suite 107
Raleigh, NC 27604

Dear Mr. Schiller;
Thank you for your November 24, 2004 letter and the attached feasibility study regarding the
proposed removal of Lowell Mill Dam located in Johnston County, North Carolina, Lowell
Mill Dam is located in the Little River channel approximately 0.3 miles south of Interstate 95
between the towns of Micro and Kenly. This letter provides the U.S. Fish and Wildlife
Service's (Service) response pursuant to section 7 of the Endangered Species Act, as
amended (16 U. S. C. 15 31 et seg.) (Act).
Based on the infonnation provided and other information available, the project area does not
contain habitat for the red cockaded woodpecker (Pieoides borealis) and Michaux's sumac
(Rhus michauxii). The Service concurs with your determination of no effect for these two
species. As the feasibility study indicates, habitat is present for the bald eagle (Haliaeetus
leucocephalus), dwarf wedgemussel (Alasmidontu heterodon) and Tar spinymussel (Elliptio
steinistansana); however, we believe that this project is not likely to adversely affect these
three species. We believe that the requirements of section 7(a)(2) of the Act have been
satisfied. We remind you that obligations under section 7 consultation must be reconsidered
if (1) new information reveals impacts of this identified action that may affect listed species
or critical habitat in a manner not previously considered; (2) this action is subsequently
modified in a manner that was not considered in this review; or, (3) a new species is listed or
critical habitat determined that may be affected by the identified action.
Thank you for the opportunity to review this project. If you have any questions or comments
regarding our response, please contact Mr, Dale W. Suiter of this office at [phone],
Ext. 18 or [e-mail].
Sincerely,
4teP Benjamin
Ecological Services Supervisor