Submitted Electronically via eRulemaking Portal

• Listing of new mussel species and the designation of critical habitat will affect the Corps of Engineers from an operations and regulatory perspective. As you know, the Corps consults with the Service on Section 10 Rivers and Harbors Act and Section 404 Clean Water Act permits issued by the Corps Regulatory Branch to comply with Section 7 of the Endangered Species Act. Consultation with the Service is necessary to ensure that potential effects on these species or their designated critical habitat by Federal action are understood. • How would tributaries to these streams be affected? • Certain stakeholders in the sand and gravel dredging industry rely on an Adaptive Management Group (AMG) Mussel Survey Protocol to detect endangered mussel species in order to conduct permitted sand and gravel dredging in certain reaches of the Allegheny River. This mussel survey protocol will have to be revised to include any new species and/or designated critical habitat. • Mussel Surveys are utilized for projects, other than Sand and Gravel Dredging, impacting mussel waters therefore additional mussel species being listed would require a standard survey protocol. • A Standard Local Operating Procedure for Endangered Species (SLOPES) should be devised to include these species as well as all other listed species to help facilitate the Endangered Species consultation process. • Additional Avoidance Measures should be developed to adequately protect these species and their critical habitat. • The Corps is directed and authorized by Congress to maintain navigation. The listing of new mussel species and the designation of critical habitat could have an effect on the Corps navigation and maintenance dredging activities on the Allegheny, as well as its operation of the Allegheny Reservoir. Consultation may be necessary with the Service to ensure that these activities can continue in a way that does not adversely affect these species or their designated critical habitat.