20050666 Ver 1_USFWS Comments_20060419

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United States Department of the Interior
FISH AND WII.DLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Apri17, 2006
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~~
Mr. Tom Walker, Chief
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Walker:
DENR -WATER QtJHL(TY
VVETWrpS AND STORMWATER BRANCH
On March 14, 2006, 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, flowing 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/LJnion County line. Sixmile Creek is
a tributary to Twelvemile 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 of North Carolina, potentially affects projects in all areas of the Sixmile Creek drainage,
including the portion in North Carolina. In North Carolina, this includes not only the main stem
of Sixmile Creek but also Tarkill Branch, Cowhorn Branch, Cow Branch, Marvin Branch,
McBride Branch, and any other tributaries (named or unnamed) that eventually flow into Sixmile
Creek.
As we 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 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 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 this species. We encourage you to review any project you have funded,
OF WATER QUALITY
~BCTOR'S OFFICE
~ ~ ~ ~
APR 1 9 2006

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 office will be necessary.
Please feel free to contact me if you have any questions (828/258-3939, Ext. 223). .
Sincerely,
/i
t`~'C~1 ~~- ~ ' ~~~"~
Brian P. Cole
Field Supervisor
cc:
Mr. Alan W. Klimek, P.E., North Carolina Department of Environment and Natural Resources,
Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Mel Nevils, North Carolina Department of Environment and Natural Resources, Division of
Land Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612
Mr. Ron Linville, Western Piedmont Region Reviewer, North Carolina Wildlife Resources
Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
Ms. Hannah Stallings, Environmental Assessment Coordinator, Construction Grants and Loans
Section, North Carolina Department of Environment and Natural Resources, 1633 Mail
Service Center, Raleigh, NC 27699-1633
Ms. Becky Fox, U.S. Environmental Protection Agency, 1349 Firefly Road, Whittier, NC 28789

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
April 7, 2006
Mr. John F. Sullivan, III
Division Administrator
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601-1418
Dear Mr. Sullivan:
On March 14, 2006, 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, flowing 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. Sixmile Creek is
a tributary to Twelvemile 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 of North Carolina, potentially affects projects in all areas of the Sixmile Creek drainage,
including the portion in North Carolina. In North Carolina, this includes not only the main stem
of Sixmile Creek but also Tarkill Branch, Cowhorn Branch, Cow Branch, Marvin Branch,
McBride Branch, and any other tributaries (named or unnamed) that eventually flow into Sixmile
Creek.
As we 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 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 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 this species. We encourage you to review any project you have funded,

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 office will be necessary.
Please feel free to contact me if you have any questions (828/258-3939, Ext. 223).
Sincerely,
~ ~ 7
~~~
Brian P. Cole
Field Supervisor
cc:
Mr. Alan W. Klimek, P.E., North Carolina Department of Environment and Natural Resources,
Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Mel Nevils, North Carolina Department of Environment and Natural Resources, Division of
Land Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612
Mr. Ron Linville, Western Piedmont Region Reviewer, North Carolina Wildlife Resources
Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
Ms. Hannah Stallings, Environmental Assessment Coordinator, Construction Grants and Loans
Section, North Carolina Department of Environment and Natural Resources, 1633 Mail
Service Center, Raleigh, NC 27699-1633
Ms. Becky Fox, U.S. Environmental Protection Agency, 1349 Firefly Road, Whittier, NC 28789

4
United States Department of the Interior
FISH AND WII.DLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
Apri17, 2006
Mr. Kevin J. Martin, Chairman
Federal Communications Commission
445 12~' Street, SW.
Washington, DC 20554
Dear Mr. Martin:
On March 14, 2006, 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, flowing 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. Sixmile Creek is
a tributary to Twelvemile 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 of North Carolina, potentially affects projects in all areas of the Sixmile Creek drainage,
including the portion in North Carolina. In North Carolina, this includes not only the main stem
of Sixmile Creek but also Tarkill Branch, Cowhorn Branch, Cow Branch, Marvin Branch,
McBride Branch, and any other tributaries (named or unnamed) that eventually flow into Sixmile
Creek.
As we 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 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 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 this species. We encourage you to review any project you have funded,
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 office will be necessary.
Please feel free to contact me if you have any questions (828/258-3939, Ext. 223).
Sincerely,
Brian P. Cole
Field Supervisor
cc:
Mr. Alan W. Klimek, P.E., North Carolina Department of Environment and Natural Resources,
Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Mel Nevils, North Carolina Department of Environment and Natural Resources, Division of
Land Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612
Mr. Ron Linville, Western Piedmont Region Reviewer, North Carolina Wildlife Resources
Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
Ms. Hannah Stallings, Environmental Assessment Coordinator, Construction Grants and Loans
Section, North Carolina Department of Environment and Natural Resources, 1633 Mail
Service Center, Raleigh, NC 27699-1633
Ms. Becky Fox, U.S. Environmental Protection Agency, 1349 Firefly Road, Whittier, NC 28789

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
April 7, 2006
Mr. Edward D. Ellis, Field Office Director
Housing and Urban Development
Asheville Building
1500 Pinecroft Road, Suite 401
Greensboro, North Carolina 27407-3838
Dear Mr. Ellis:
On March 14, 2006, 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, flowing 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. Sixmile Creek is
a tributary to Twelvemile 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 of North Carolina, potentially affects projects in all areas of the Sixmile Creek drainage,
including the portion in North Carolina. In North Carolina, this includes not only the main stem
of Sixmile Creek but also Tarkill Branch, Cowhorn Branch, Cow Branch, Marvin Branch,
McBride Branch, and any other tributaries (named or unnamed) that eventually flow into Sixmile
Creek.
As we 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 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 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 this species. We encourage you to review any project you have funded,

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 office will be necessary.
Please feel free to contact me if you have any questions (828/258-3939, Ext. 223).
Sincerely,
~~
Brian P. Cole
Field Supervisor
cc:
Mr. Alan W. Klimek, P.E., North Carolina Department of Environment and Natural Resources,
Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Mel Nevils, North Carolina Department of Environment and Natural Resources, Division of
Land Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612
Mr. Ron Linville, Western Piedmont Region Reviewer, North Carolina Wildlife Resources
Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
Ms. Hannah Stallings, Environmental Assessment Coordinator, Construction Grants and Loans
Section, North Carolina Department of Environment and Natural Resources, 1633 Mail
Service Center, Raleigh, NC 27699-1633
Ms. Becky Fox, U.S. Environmental Protection Agency, 1349 Firefly Road, Whittier, NC 28789