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HomeMy WebLinkAbout20131061 Ver 1_Application_20131003e�'wF � ��� ��w,.�w✓' STATE OF NORTH CAROLINA DEPAR'TMENT OF '1 RANSPORTA'ITON PAT MCCRORY Goveiwoa September 25, 2013 Mr. Stephen Kichefski US Army Corp of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N. C. 28801-5006 ANTHONY J. TATA SECREYARY SUBJECT: Emergency Pipe Replacement, SR 2725 (Willowbottom Drive), Catawba County, UT to Jacob Fork River, WS-III Dear Mr. Kichefski: The North Carolina Deparhnent of Transportafion proposes to replace a failing 60-foot, 48" CMP with a 70-foot, 60" CMP on SR 2725 (Willowbottom Drive) in Catawba CounYy. During the July flood, a section of pipe on the downstream side was pushed outward into Yhe stream, so currently ihere is a void below half of the roadway. The roadway has not collapsed yet, but the department feels like that this is a safety issue. The road is a dead end subdivision road, so the project will be done in staged construction, so half the roadway can be kept open. Please note That this is considered to be an emergency projecY. Five feet of riprap will be utilized around the pipe inlet/outlet for structure stabilization. A temporary cofferdam pumping system will be used to divert the stream around the construction si2e, as needed. All areas affected by temporary coffexdam system will be restored to pr�project conditions. The scope of the work will result in 20 feet of permanenY impacts for to an unnained tributary to Jacob Fork River, which is classified as a WS-IlI Watershed by the Division of Water Quality. This office has conducted a GIS and field survey far the project for historical sites and threatened/endangered species sites. No sites listed on the Narional Register of HisYoric Places are located in the vicinity of the project nor did there appear to be any eligible structures. The federally listed species for Catawba County (USFWS listed date September 22, 2010) include the Dwarf-flowered heartleaf (Hexastylis naniflora). The Natural Heritage Program records document the nearest dwarf-flowered heartleaf location approximately 2.8 miles west of the proposed projecT. The heartleaf is usually found on dry to moist ravine slopes (usually north facing and of the oak-hickory-pine forest type) and in boggy areas near springheads. There is potential habitat in the vicinity of The proposed project area and a heartleaf species was found in the vicinity of the project. US Fish and Wildlife Services were notified and a site visit was conducted. The heartleaf plants which were within the project ]imits were transplanted to another location. Attached is a concurrence letter from US Fish and Wildlife Service for this project. SR 2725 (Willowbottom Drive) Page 2 September 25, 2013 The project area is not located within %z mile of any critical watershed area nor is SR 2725 a rural or urban arterial; therefore, hazardous spill basins are not required. Enclosed is the hazazdous spill basin checklist. I have enclosed a pre-construction notification for a Nationwide #3, sketch of planned activities and location maps relative to the project. Project information for the 401 Automated Payment Procedure is as follows: • Work order number: 12.201811 • TIP#: NA • Project Category: $240.00 Fee If you have any questions or concerns please feel free to contact me at (704) 480.9044. Thank you for your Yime and consideration on this matter. Respectfully yours, M.L. Holder, P.E. Division Engineer �elfth Division BY: � �,l ,.'1.Z�� .t"�'°1---°_"`- Trish Beam Division 12 Environmental Supervisor �'' O� ��A �`�'QG � �� s C Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Noti�cation PCN Form A. A licant Information 1. Processing 1a. Type(s) of approval sought from the Corps: � Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. Has the N WP or GP number been verified by the Corps? ❑ Yes � No 1 d. Type(s) of approval sought from the DWQ (check all that apply): � 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional Ge�eral Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certifcation: � Yes ❑ No ❑ Yes � No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes � No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes � No below. 1h. Is the project located within a NC DCM Area of Environmental Concem (AEC)? ❑ Yes � No 2. Project Information 2a. Name of project: Emergency Pipe Replacement, SR 2725, Willowbottom Road 2b. County: Catawba 2c. Nearest municipality / town: Mountain View 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NCDOT Right of Way 3b. Deed Book and Page No. 3a Responsible Party (for LLC i f applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Versian 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Mike Holder 4c. Busines s name N.C. Department of Transportation, Division 12 (if applicable): 4d. Street address: 1710 East Marion Street 4e. City, state, zip: Shelby, NC 28151 4f. Telephone no.: 704-480-9020 4g. Fax no.: 704-480-5401 4h. Email address: mholder@ncdot.gov 5. AgenUConsultant Information (if applicable) 5a. Name: Trish Beam Sb. Business name N.C. Department of Transportation, Division 12 (if applicable): 5c. Street address: 1710 East Marion Street 5d. City, state, zip: Shelby, NC 28151 5e. Telephone no.: 704-480-9044 Sf. Fax no.: 704-480-5401 5g. Email address: pdbeam@ncdot.gov Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): NA 1 b. Site coordinates (in decimal degrees): Latitude: 35.6493 Longitude: - 81.3590 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: <.10 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Ut to Jacob Fork River proposed project: 2b. Water Quality Classification of nearest receiving water: WS-III 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Partially collapsed pipe. Paved secondary road. Landuse is residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 100 3d. Explain the purpose of the proposed project: The purpose of the proposed work is to replace a pipe that failed out during the storm event of 7/27/13. 3e. Describe the overall project in detail, including the type of equipment to be used: NCDOT proposes to replace the failing 60-foot 48" CMP with a 70-foot, 60" CMP. Five feet of riprap will be utilized around the pipe inleUoutlet for structure stabilization. A temporary cofferdam pumping system will be used to divert the stream flow around the construction site as needed. Area affected by temporary cofferdam system will be restored to pre-project conditions. All Best Management Practice's will be utilized during the course of the project. The Project will be constructed using typical heavy equipment (trackhoe, backhoe, etc.). 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes � No ❑ Unknown Comments: Jurisdictional stream determi�ations made by the Division 12 DEO. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for � yes � No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes � No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands � Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type ofjurisdiction number— Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Tem ora T W1 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ WZ � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 � P� T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ �'es ❑ Corps ❑ No ❑ DWQ W6 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3 a. 3 b. 3 c. 3 d. 3 e. 3 f. 3 g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number- (PER)or (Corps-404,10 stream length Permanent (P) or intermittent DWQ — non-404, W�dth (linear Temporary (T) (INT)? other) (feet) feet) S1 � P❑ T Increase in pipe UT to Jacob Fork � PER � Corps 6 10 length River ❑ INT � DWQ S2 � P❑ T Riprap Structure UT to Jacob Fork � PER � Corps 6 10 Stabilization River ❑ INT � DWQ S3 ❑ P� T Cofferdam bypass UT to Jacob Fork � PER � Corps 6 20 pumping River ❑ INT � DWQ S4 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts *2p 3i. Comments: * Permanent impacts Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem ora T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4£ Total open water impacts 4g. Comments: 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 Sf. Total Sg. Comments: Sh. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID na: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require miti ation, then ou MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ora T im act re uired? B1 ❑P❑T ❑Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10. 2008 Version D. Impact Justification and Mitigation 7. Avoidance and Minimization 1a. Specifcally describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes � No impacts to Waters of the U.S. or Waters of the State? 26. Ifyes, mitigation is required by (check all that apply): ❑ DWQ ❑ Co�ps ❑ Mitigation bank 2c. If yes, which mitigat ion option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Progrem 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10. 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes � No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified � yes � No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments ❑ Yes ❑ No 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? NA % 2b. Does this project require a Stormwater Management Plan? ❑ Yes � No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Complies with NCDOT's individual NPDES permit NCS000250. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program � DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? NA ❑ Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes � No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes � No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project is classified as a minimum critieria project which has low potential for cumulative/indirect impacts and will not result in additional development which could impact water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or � Yes ❑ No habitat? Sb. Have you checked with the USFWS concerning Endangered Species Act � yes ❑ No impacts? ❑ Raleigh Sc. If yes, ind icate the USFWS Field Office you have contacted. � Asheville Sd. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program database and on site surveys. During the 9/5/13 site visit, a heartleaf species was found in the vicinity of the project. US Fish and Wildlife Services were notified and a site visit was conducted. The heartleaf plants which were within the project limits were transplanted to another location. Attached is a concurrence letter from US Fish and Wildlife Service for this project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fsh habitat? ❑ Yes � No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No salt marshes, oyster reefs, or seagrass beds i� the vicinity of the project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation � yes � No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The State Historic Preservation Office resources and the National Register of Historic Places werer reviewed for historic sites in the vicinity of the project; however, the pipe replacement projects occur within a previously impacted area (NC DOT Right of Way). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur i� a FEMA-designated 100-year floodplain? ❑ Yes � No Sb. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM panel number: 3710268900E ��� ( � r � /' � ,+�� B ' q, f r` #,�r�� %� dl� �'� y j( �/ f "'(({ (gj } r 'f/jjry) [�(�{/ ��,��(� I ir'� d Y � 6 ���vf �� .•'FfA � l � ��", � �:. �G..+9 �� d�J�,� I 1� � Y f J E' Applicant/AgenYs Printed Name ApplicanVAgenCs Signature Date (AgenPs signature is valid only if an authorization letter from the applicant is rovided.) 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" - w�.�w,,'� 5.' -�/ � � . __�� ' _ �\�: . , � ` �. ? � � ���(1 `(' }'{ �. i � . ,s.' • .,; � . _ S n �^ W ,a:11 � v � � ��f., \ r�.i �_ :'F` � ,`.�. /` _ _ Name: LONGVIEW Location: 035.6493268° N 081.3890424° W Date: 9/25/2013 Caption: Emergency Pipe Replacement, SR 2725 (Willowbottom Road), Scale: 1 inch equals 2000 feet UT to Jacob Fork River, WS-III, Catawba River Basin 'J H � G �� � m rn r --� m C 3 =., � f '' S c� {� aa i� �._ � . f, � �� � :, � s� �- �� li � �J �� �� W�� � � � � � � a- n . � � � o � c U - - � (� o C7 � N 3 _ J 4 � �� � U\ � �`,,. c• '�-- d �� ��� �,� � �,� ,, �`� a ,a � � � � �. ; [�uiy �� �i'�. Z'%�"°� 'rs9' y'.� �� tOxzfcas`c J �,_._ � � �f'-rr�c�s-��: � � .�`�� .. � � 3 "' � � � � �� °�- � � � � � � '�; �F� � �- �� � v-� � = ��' ,,. ��` �;. . °s . � � �`� � � �, �, �, . �i�'�' � `o_ �'�I ` �e� ��..!.�. ��.. ' �. . � � ... i � _2'._ � _. _. ..__��' w `� �e. t �] ��� �d�� 1� 't, 'c. � Zs - � � �, �i L� q-,`�,� �,� �� � � �> � ,�;. � T �-� �� � .;�.� � s j q �� c 6 � v ',�.4��' ^r(s..;� ?. �,p s i�7 9�,� 74' �, �_ � �, .t __ NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: 17 County: ('atawha Project ID: 12.2018ll River Basin: Catawba Bridge No: NA Route: SR 2725, Willowbottom Drive Stream: UT to Jacob Fork River WS-III Water Ouality Criteria: Stream Crossing Blue Line On USGS ORW WSI WS II,III OR IV, Crossitig Within 0.5mi of W.S. Critical Area Roadway Criteria: Route Designation- Arterial Urban Arterial Rural Additional Site Information: Is a Hazardous Spill Basin Required? Yes No � � ?"" f3 Yes No � �� Criteria Based Upon NCDOT `Best Management Practices for the Protection of Surface Waters" (March, 1997). Yes No r� � ;- � F� jY 3� ±r Ms. Trish Beam United States Department of the Interior FISH AND WII,DLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, Nor[h Caroli�a 28801 September 6, 2013 North Carolina Department of Transportation Division 12 Environmental Supervisor 1710 East Marion Street Shelby, North Carolina 28151 Dear Ms. Beam: Subject: Endangered Species Concurrence for the Proposed Emergency Repair of a Culvert on Willowbottom Road (State Route 2725) in Catawba County, North Carolina On September 5, 2013, we received yoar letter (via email) xequesting section 7 concurrence on effects the subject culvert repair may have on the federally threatened dwaxf-flowered heartleaf (Hexastylis naniflora). The following commenYs are provided in accordance with secnon 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Your letter states that the North Carolina Department of Transportation plans to repair a culvert damaged by high sYream flow and that three individual plants of an unidentifiable Hexasrylis species will be affected by the activity. Due to the emergency nature of the proposed wark and its limited scope, we recommend that our staff assist you in moving the three plants to a suitable site within the right-of-way (as close as possible to their present location). We believe this can be accomplished in a manner that will have negligible effecYs on the individuals that axe moved and therefore may affect, but is not likely to adversely affect, the dwarf-flowered hearClea£ We believe the requirements under section 7(c) of the Act are fulfilled. However, obligations undex section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified acfion that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequantly modified in a manner that was not considered in this xeview, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. If we can be of assisYance or if you have any questions about these comments, please contact Mr. Jason Mays of our staff at 828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference our Log Number 4-2-13-386. Sincerely, Janet A. Mizzi Field Supervisor