20050666 Ver 1_USFWS Comments_20060424

,0~-1a-2.006 03:44P1~ FR01~-Construction Grants And Loans 9197156229 T-028 P.002/003 F-022
United States Department of the ~l~terior
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FISH AND W]LDL~ SERVICE . ;, .'~~*
Asheville Field Office '• ••'
] 6U Zillicoa Sirtet
Asticville, North Carolina 2$801 ~ ~ _ :% r
Apri17, 2006 ~~ ~ ~~
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Mr. T~m Walker, Chief ,9,0~' ~0
Asheville Regulatory Pield Office ~ ~ 6
i7.S. Army Corps of Engineers cr
151 Patton Avenue, Room 208 ~ ~ ~ ~~~^
Asheville, North Carolina 28801-500
Dear Mr. 'Walker: .
On 1Vlarch 14, ZOQ6, the federally endangered Carolina heelsplitter (Lasmigona decorata) was
discovered (six individuals) in Sixmile Creek in Lancaster County, South Carolina, just south of
the North Carolina state line. The mussel was discovered during aquatic surveys being
conducted for a proposed development in South Carolina. Sixmile Creek originates in.
Mecklenburg County, flowizlg southwest (to form the Mecklenburg/Union County line) for about
7 miles before crossing into South Carolina. Tarkill Branch, a major tributary to Sixmile Creek,
forms the drainage immediately south of the Mecklenburg/Union County line. Sixnaile Creek is
a tributary to Twelvenule Creek, with the confluence in Lancaster County, South Carolina.
Before this discovery, the range of the Carolina heelsplitter in North Carolina included Waxhaw,
Goose, and Duck Creeks in Union and Mecklenburg Counties. This new discovery, though '
outside ofNorth Carolina, potentially affects projects in all azeas of the Sixmile Creek drainage,
including the portion in North Carolina. In North Carolina, clue includes not only the main stem
of Sixnaile Creek but also'1'arkill Branch, Cowhorn Branch, Cow Branch,lVlarvin Branch,
1V~cBride Branch, and any other tributaries (named or unnamed) that eventually flow into Si~sile
Cree~C.
As I remind you in virtually all of our correspondence relating to section 7 of the Endangered
Species Act of 1973, as amended (Act), "... obligations under section 7 of the Act must be
reconsidered if: (1) new information reveals impacts of this identified action that Tnay affect
listed species or critical.babitat in a manner not previously considered, (2) this action is
subsequently modi5ed in a Manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that maybe affected by the identified action." Because of
the discovery of the Carolina heelsplitter in Sixmile Creek, all federal actions (both ongoing and
future) occurring in the Sixmile Creek watershed must be assessed or reassessed for their
potential impacts on Ibis species. We encourage you to review any pxoject you have funded,
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04-12°2008 03:44PI~~ FR01~-Construction Grants And Loans 9197158229 T-028 P.003/003 F-022
authorized, permitted, or are currently carrying out in this watershed to ensure your compliance
with section 7 of the Act. If any of your activities "may affect" this species, further consultation
with our offrce will be necessary.
P]ease~feel free to contact me if you have any questions (8281258-3939, Ext. 223).
sincerely,
~ ~ .
Brims P. Cole
Field Supervisor
cc:
Mr. Alan W. Klimek, ~'.E., North Carolina bepartrnent of Environment and Natural Resources,
Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Niel Nevils, North Carolina Aepartment of Environment and Natural Resources, Aivision of
Land Quality,1612 Mail Service Center, Raleigh, NC 27699-1612
Mr. Ron Linville, Weston Piedmont Region Reviewer, North Carolina Wildlife Resources
Commission, 38SS Idlewild Road, K.ernersville, NC 27284-9180
Ms. Llannah Stallings, Environmental Assessment Coordinator, Construction Cxrants and Loans
Section, North Carolina Department of Environment and Natural Resources,1633 Mail
' Service Center, Raleigh, NC 27699-1633
Ms. Becky Fox, LT.S. Environmental Protection Agency,13~49 Firet~y Road, Whittier, NC 2$789