20210977 Ver 2_401 Request Attachment_20210915 (2)

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 14, 2021

Steve Trowell
North Carolina Department of Transportation
113 Airport Drive, Suite 100
Edenton, North Carolina 27932

Dear Mr. Trowell:

This letter is in response to your letter of September 14, 2021 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the repairs to four ocean outfalls for Curlew, Soundside, Red
Drum, and Conch Streets in Nags Head, Dare County may affect, but are not likely to adversely
affect the federally listed green sea turtle (Chelonia mydas), leatherback sea turtle (Dermochelys
coriacea), loggerhead sea turtle (Caretta caretta), hawksbill sea turtle (Eretmochelys imbricata),
Kemp’s ridley sea turtle (Lepidochelys kempii), piping plover (Charadrius melodus), and red
knot (Calidris canutus rufa). These comments are provided in accordance with Section 7 of the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).

The Service previously provided Section 7 concurrence on May 24, 2021 and August 4, 2021.
However, the project description has changed with the addition of a coffer dam and possible
work platform at the end of each outfall pipe.

The work sites occur within public beaches near residential structures and receive high
pedestrian traffic. According to your submitted information, NCDOT expects that repair work at
each outfall will last no longer than five days, and all work will occur during daylight hours only.
Work is anticipated to occur in the fall and early winter of 2021, partially overlapping with sea
turtle nesting season. NCDOT commits to conducting a turtle crawl survey each morning prior to
work taking place. If any sea turtle crawl is observed, NCDOT will stop work and consult with
the North Carolina Wildlife Resources Commission (NCWRC) prior to any further work taking
place.

Due to the limited scope of the project and the commitment to conduct sea turtle crawl surveys,
the Service concurs with your conclusion that the project may affect, but is not likely to
adversely affect sea turtle species, piping plover, and red knot. However, in the unlikely event
that a sea turtle crawl is observed near the project location, we advise that the Service should be
contacted in addition to contacting the NCWRC. The presence of a sea turtle crawl is unlikely to
result in a long-term delay of the project, but appropriate measures may need to take place to
avoid take of the species.

2

We believe that the requirements of Section 7(a)(2) of the ESA have been satisfied. We remind
you that obligations under Section 7 consultation 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 in this review; (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
determined that may be affected by this identified action. If you have any questions regarding
our response, please contact Mr. Gary Jordan at [e-mail] .

Sincerely,

Pete Benjamin
Field Supervisor

Electronic copy:

Kyle Barnes, USACE, Washington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Robert Castello, NCDOT, Edenton, NC
Paul Williams, NCDOT, Edenton, NC