20180082 Ver 1_NWP 33 Cover Letter_20180118 (2)

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968

Website: www.ncdot.gov
Location:
NC DEPARTMENT OF TRANSPORTATION
Division 14
253 Webster Road
Sylva, North Carolina 28779

January 17, 2018

Ms. Lori Beckwith, NCDOT Regulatory Project Manager
U. S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-2714

Subject: Nationwide 33 Permit Application
Temporary Diversion – Roadway Slide (Hwy. 28 North) in UT to Powell Branch
Graham County, North Carolina
State Project No. 51214.01Y

Dear Ms. Beckwith:

The North Carolina Department of Transportation (NCDOT) has temporary placed UT of Powell
Branch into a diversion pipe under Hwy. 28 North. A landslide has occurred blocking Hwy. 28
North and has blocked the existing CMP pipe and channel of the UT along Hwy. 28 North. The
HDPE diversion pipe is 24” in diameter and 180’ in length. The diversion work has been
completed due to the emergency nature of the landslide. Once the landslide has been moved to
waste areas and the slope has been stabilized, the UT will be placed back into the pre-existing
channel and the drainage CMP under Hwy. 28 North. Once UT is placed back into natural
channel feature, the CMP under Hwy. 28 North will be embedded partly below the natural stream
grade to promote bedload retention and aquatic life passage, though the stream do not appear
large enough to support fish (none seen on site visit). The road will be closed until landslide site
is safe for travel. We request verification of the permit since the project does not qualify for non-
notification.

Enclosed are a PCN application, preliminary jurisdiction form, a USGS quad map, photographs,
and other pertinent project information to assist in your review.

In Graham County, Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Gray bat
(Myotis grisescens), Indiana Bat (Myotis sodalis), Northern long-eared bat (Myotis
septentrionalis), Appalachian elktoe (Alasmidonta raveneliana), Spotfin chub (Erimonax
monachus), Rusty patched bumble bee (Bombus affinis), Virginia spiraea (Spiraea virginiana)
and Rock gnome lichen (Gymnoderma lineare) are known from current records (or suspected to
occur) and are federally-listed as either threatened or endangered.

Hwy. 28 North Page 2 January 17, 2018

The stream diversion work will occur in existing right of way. Tree removal, percussive
activities, jackhammering and mechanized pile driving may be required to stabilize land slide
area. The project area is not in a “red HUC” for NLEB. The existing culvert is much too small to
be used for bat roosts. Therefore, this project should have “no effect” on gray bats, Indiana bats,
or NLEB.

The Carolina northern flying squirrel are rock gnome lichen are found in spruce-fir forests and
other isolated high elevation locations in western North Carolina. However, rock gnome lichen is
an exception because it can occasionally be found at lower elevations in deep river gorges with
high humidity or on some vertical rock faces that are periodically wet. The project area is much
too low in elevation for these species and there are no damp rock faces nearby.

Stringent erosion and sedimentation control measures will be used to minimize adverse effects of
the work on aquatic habitats due to proximity to Powell Branch. Habitats for other listed species
appear lacking at the project sites and none of the species known from Graham County were
observed during field visit.

The work should not have any effect on cultural resources since most of the work occurs within
existing disturbed right of way. The U.S. Forest Service has determined that work outside of
NCDOT right-of-way (landslide cleanup/stabilization) will be an “exempt undertaking” due to
negative surveys and steep slopes.

Impacts to Waters of the United States

The UT to Powell Branch (DWQ Class: WS IV: CA) that has been impacted is shown on the
North Carolina Division of Water Resources map as a perennial stream. The stream at the site
has a well-defined channel approximately 1 feet in width with substrates of bedrock, gravel, and
silt, therefore, we believe this unnamed tributary is a Relatively Permanent Water and under the
jurisdiction of the U.S. Army Corps of Engineers. In order to complete this emergency project, it
will be necessary to impact waters of the United States in the Little Tennessee River Basin (CU
06010202). Listed below is a summary of the proposed impacts:

Site No. Existing Condition Proposed Condition Net Impacts
(feet)
1 UT of Powell Branch Temporary Flow Diversion Pipe 180

Hwy. 28 North Page 3 January 17, 2018

Permits Requested

NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act to proceed
with the construction project outlined above. By copy of this letter, I am asking Mrs. Marla
Chambers, Western NCDOT Review Coordinator of the North Carolina Wildlife Resources
Commission (NCWRC), to comment directly to you and I concerning the 404 Nationwide Permit
request. This application has been sent to the North Carolina Department of Environmental
Quality (DEQ), Division of Water Resources (DWR) for a written certification.

Please contact me at [phone] if you have any questions about this application or need
additional information. Your prompt review and consideration of this request will be greatly
appreciated.

Sincerely,

ctàÜ|v~ ]A UÜxxwÄÉäx

Patrick J. Breedlove
Division 14 - Environmental Specialist

Enclosures

cc: Ms. Marella Buncick, Biologist, US Fish &Wildlife Service, Asheville
Mrs. Marla Chambers, Western NCDOT Review Coordinator, NCWRC, Albemarle
Mr. Kevin Barnett, Division of Water Resources – DEQ, Asheville
Mr. Jonathon Woodard, PE, District 2 Engineer, NCDOT Division 14
Mr. Reid Whitehead, Roadside Environmental Field Operations Engineer, NCDOT