20072026 Ver 1_Other Agency Comments_20080114

United States Department of the Interior
FISH AND WII,DLIFE SERVICE
Asheville Field Office.
160 Zillicoa Street
Asheville, North Carolina 28801
January 14, 2008
Mr. Steve Lund
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Lund:
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Subject: Endangered Species Concurrence, Nationwide Permit 33, Replacement of Bridge
No. 86 over Buffalo Shoals Creek on SR 1333 (Eufola Road) in Iredell County, North
Carolina, Federal Project No. BRZ-1333(5), State Project No. 8.2822801, WBS
Element 32620.1.1, Division 12, T.I.P. No. B-2146
Information for this concurrence letter is based on a review of the nationwide permit application
and our site visit. The following comments are provided in accordance with section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to information in the permit application, the North Carolina Department of
Transportation (NCDOT) proposes to replace the 73-foot, two-span Bridge No. 86 with a new
125-foot, single-span, steel-girder bridge over Buffalo Shoals Creek. There will be 0.03 acre of
temporary stream impacts to Buffalo Shoals Creek. No jurisdictional wetlands are located within
the project area. During a survey on April 17, 2007, the dwarf-flowered heartleaf (Hexastylis
naniflora) was found in the project area; previously, this plant was not known to exist in Iredell
County. A population of 192 dwarf-flowered heartleaf plants was discovered in the southwest
quadrant of the project area. Approximately 29 of these plants are located within the
right-of--way for this project. We conducted a site visit on July 23, 2007, to review avoidance
and minimization measures for the project. The cut slope in the southwest quadrant was
tightened to a 1.5 :1 slope in order to successfully avoid all of the dwarf-flowered heartleaf plants
within the project area.

To minimize potential impacts to this dwarf-flowered heartleaf population, the use of best
management practices for construction will be incorporated, including the following:
1. The new bridge will be longer than the existing bridge, spanning Buffalo
Shoals Creek.
2. Traffic will be detoured around the site during construction, eliminating the
need for a temporary on-site detour.
3. Water will not be directly discharged into Buffalo Shoals Creek via deck
drains.
If the above measures are implemented, we concur with the NCDOT's determination that this
project may affect, but is not likely to adversely affect, the dwarf-flowered heartleaf. Therefore,
we believe the requirements under section 7(c) of the Act are fulfilled. However, 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.
If you have questions about these comments, please contact Mr. Troy Wilson of our staff at
828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference
our Log Number 4-2-08-063.
Si~erely,
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Brian P. Cole
Field Supervisor
cc:
Dr. Gregory J. Thorpe, Manager, Project Development and Environmental Analysis Branch,
North Carolina Department of Transportation, 1548 Mail Service Center, Raleigh, NC
27699-1548
Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife
Resources Commission, 12275 Swift Road, Oakboro, NC 28129
Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree
Blvd., Suite 250, Raleigh, NC 27604