20130144 Ver 2_Re-initation of Section 7 for lighting_20140724

United States Departnient of theinterior
FISH AND Wil-DUFF' SFRVICT'.
Raleigh Field Office
A Post Offi ee [lox 33726
CH 3
Raleigh,North Carolina 27636--3726
July 23, 2014
Scott McLendon
U.S. Army Corps of li:?nginccrs
69 .Darlii7gton Avenue
Wilmington,NC 28403
Dear Mr. McLciidon:
Tlie U.S. Fish and Wildlife Service (Service) has received your July 22, 2014 rcqUCSt for
reinitiation of formal consultation cinder Section 7 of the Endangered Species Act (t-,,SA) I'or the
proposed beach nourishment project to protect NC 12 north of Rodanthe, Dare County, North
Carolina (Action ID 11SAW-2013-01129). The Service issued a Biological ()pinion (BO) for this
project on April 1, 2014. The BO analyzed the effects of the project on the federally endangered
leatherback sea turtle (Derniochelys coriacea), federally endangered Kemp's ridley sea turtle
(Le]fidochelys keinpii), federally threatened Northwest Atlantic population of loggerhead sea
turtle (Ctiretta carella), and federally threatened green sea turtle (Chelonia nzydas).
With regard to the Terms and Conditions of the BO, the U.S. Army Corps of Engineers
(USACE) requests that'Perm and Condition 116 be modified. Currently, Term and Condition 4-6
states:
From May I through November 15, use the minimum number and the lowest wattage
lights that are necessary for construction. Portable construction lighting unist be
directional LED lights with a predominant wavelength of about 65017n-i. Arnber colored
construction lights are preferred. Portable construction lights must be mounted as low i o
the ground as possible, and directional shields must be utilized. Direct .1 igliti fig of the
beach and ricarshore waters inust be limited to the immediate construction area only.
Turn off all lights not immediately needed. Bulldozers and other heavy equipment will
either utilize LED lights with a predominant wavelength of about 650nm or will operate
underneath the acceptable portable construction lights with their standard lights turned
off.
The USAGE requests that the condition be modified as per Attachment I (enclosed). Primarily,
the modified language would eliminate the requirement for [,.ED lights with a predominant
wavelength of 650nm.

The Service has determined that this proposed modification Of]eroz and Condition#6 is not
likely tm jeopardize the continued existence of these sea turtle species and will not destroy or
adversely modify designated critical habitat. Therefore, the Service agrees to modify Term and
Condition #6to reflect the language iu Attachment l. This conclusion ia based *u the following
facts:
l. The action area provides ouozginm] habitat for sea turtle nesting.
2. To dn1c` only three sea turtle ooaim have been observed in the action area this year, with
each being zc[mua1ed to & location more conducive to successful nesting.
3. The probability ofdiooricoin1ionorrnim0ricotolioo oil'sea turtle ho|oh]inga within the
action area is relatively |ovv (although not discountable).
4. The project is8h0diDdVz%ki0u" 0ccur i0g0n}yihyVugh3p0di0DOfooeSe81uft|eDeSiiVg
8euS08.
5. No designated critical habitat occurs within the action area,
Although the Service agrees to the request to ou0dif« .[uron and Condition #6 Of the BO, we
vv0uld like t0 correct and t}urif« sonic inaccuracies presented ky various[{S/\(13' u{uf[ (,�.)'mouc
USACl� have stated that the specified LED lights with a doniiiiant wavelength of 650nn,.i arc not
available, Based ou our conversations with other contractors, the specified LED lights are
indeed available if ordered in sufficient thmm prior to project initiation, Two other unrelated
NC 12 project cont 4utormhuvc located at least two venders who are able to ouaiocu rnokc the
specified L]BI} light plants within 84-6 xeoktiooc{rmnze.
Some [JS/\CB staff have also stated that LED [ig}do with u dominant wavelength o[h5Uon1 are
unsafe. Again, the other unrelated NC [2project contractors have stated that the specified [EL)
lights pose no uafcty c0ooconx. In addition to uproviono I.BL) onomLnuoiioo light dcc00001rcdioo
from one contractor ioJu|y2Al2, 1hcothc[ 000iructorhaetcoiutivc]ymchodu]cdtup/ovide
another deDn0o8LC81iOD during the week of July 30, 7014 of'their proposed [t|} light pl8D1S with
n dominant wavelength of650oou. Therefore, there io precedence of two other contractors
intending to oon)y]y with a requirement io use LlIL) |ighiawith u dominant wavelength of
650ocn.
In recent diaouauinom, aozocTJSACE' staff have pointed out that the requirement for LB[) lights
with u dominant wavelength o[650uin is not a standard practice in the Southeast. Although that
is correct, it is due to the fact that use of LED construction lighting is relatively new technology.
The Service is required to consider the best available scientific and oonuounroia| data available
when assessing the effects o[u project ouu \imLedupetieeoudvvhi|cdeve/opingmpccifioterzuo
and conditions Lo minimize the amount o[take on those mpcoica. Ihcuac of LED construction
lights with u dominant wavelength of850nnuio one of the newest and best methods of
minimizing adverse c[[cota to federally listed sea turtles.
This concludes [hrmu} consultation oothe action outlined iu your July 22, 20I4 roquos1Cor
roioitiotiono[fozcou[ consultation. As provided in 50 CFIl section 402.|6, reiuitiu|i000f['Oono]
consultation is required where discretionary federal agency involvement or control over the
action has been retained (or iaauthorized by |uv/) and if: (1) the amount oc extent ufincidental
_

take is exceeded; (2) new information reveals effects of the agency action that may affect listed
species or critical habitat in a manner or to an extent not considered in this opinion; (3) the
agency action is subsequently modified in a manner that causes an effect to the listed species or
critical habitat not considered in this opinion; or (4) a new species is listed or critical habitat
designated that may be affected by the action. In instances where the amount or extent of
incidental take is exceeded, any operations causing such take must cease pending reinitiation.
If you have any questions regarding our response, please contact Mr. Gary Jordan at (919) 856-
4520 (Ext. 32).
'!liucerely
Pete Ber�jamin
Field Supervisor
Electronic copy:
Bob Keistler, USACE, Wilmington,NC
Fleury Wicker, tJSACE, Wilmington,NC
Bill Biddlecome, USACE, Washington, NC
Mike Bryant, LJSFWS, Manteo, NC
Scott Lanier, USFWS, Manteo, NC
Dennis Stewart, USFWS, Manteo, NC
.ferry ferry Jennings, NCDOT, Edenton, NC
Clay Willis, NCDOT, Edenton, NC
Paul Williams, NCDO'l'j,.'denton,NC
Kathyl.lerring, NCDOT, Raleigh, NC
Neil Medlin, NC.'DOT, Raleigh, NC
AnnMaric Lauritsen, USFWS, Saint Petersburg, Ft,
.Jerry Ziewitz, t.JSI-,'WS, Tallahassee, FL
Travis Wilson, NCWRC, Creedrnoor,NC
Matthew Godfrey, NCWRC, Beaufort,NC
Cathy Brittingham, NCDCM, Raleigh, NC
David Wainwright, NCDWR., Raleigh,NC
Thayer Broili, NIB'S, Manteo, NC
Fritz Rhode,NMFS, Beaufort, NC

Subject: Proposed lighting plan for nighttime operations, NC Highway 12 Protection Project, Rodanthe, NC
Date: 21 July 2014
Pursuant to our conversation last week, NC DOT and its contractor is requesting that Condition No. 6,
contained in the Biological Opinion (BO)for the referenced project be modified as specified below.
By way of background, District and Contractor staffs have contacted the manufacturer of the LED lights
specified in the BO to determine if the lights used in the demonstration project at Bonner Bridge were
available. In addition, the manufacturer of the LED lights and commercial vendors were contacted
regarding the availability of low-pressure sodium (LPS) vapor lights. Based on our conversation with the
manufacturer and commercial vendors, the LED light bank used at the demonstration project is the only
one available and was constructed only for that project. Similarly, LPS vapor lights(in a portable light bank)
are not available. Inasmuch as compliance with the conditions in the BO cannot be reasonably be met, NC
DOT and the contractor are requesting that the condition referenced above be modified to reflect
requirements 1-6 below under"Lighting During Construction"
Given the need to complete the project prior to the onset of more frequent and severe storm events, and in
order to maximize pumping efficiencies, NC DOT and its contractors anticipate the need to conduct beach
fill activities at night.
The proposed lighting plan is consistent with lighting practices currently used throughout the southeast
region. In addition, other required project actions which will minimize impacts of artificial lighting on or
within the vicinity of nesting beaches are provided.
Beach Construction.
The beach building process typically involves the use of bulldozers and sometimes backhoes to distribute
the sediment as it falls out of suspension at the outflow end of the pipeline. The sediment slurry is defused
as it is released from the terminal pipe in order reduce the flow velocity onto the beach. Dikes are
constructed on one or two sides of the effluent area to allow for extended settlement time of suspended
solids in order to reduce turbidity levels in the nearshore environment.
The construction zone, which includes the active disposal area and associated heavy equipment used to
redistribute sediment, generally encompasses an area of about 500' on each side. Throughout the duration
of the pumping process (day and night), the Contractor is required to monitor the discharge and inspect the
pipeline route. Continual visual inspection and observation of the discharge outfall and particularly the
nature of the material being discharged is a critical component to the project quality control.
During construction operations that include the placement of sediment on the beach, lighting is required
during nighttime activities at the location on the beach where sediment is being placed. Working around
heavy equipment is a dangerous activity at any time. Injuries and fatalities can occur in both the water and
on the beach. Adequate lighting of work areas at night is a major human safety consideration. In
compliance with the US Army Corps of Engineers Safety and Health Requirements Manual (2008) and
OSHA Regulations (29 CFR 1926.56), a minimum luminance of 3 Im/ft2 (foot-candles)is required for
construction activities on the beach. During beach construction operations, lighting is generally associated
1

with the active construction zone around outflow pipe and the use of heavy equipment in the construction
zone (i.e. bulldozers) in order to maintain safe construction operations at night.
Lighting During Construction
The following measures are proposed for nighttime operations if beach construction activities occur during
the sea turtle nesting and hatching season:
1)All lighting associated with project construction will be minimized to the maximum extent practicable
consistent with safety standards required by USACE, US Coast Guard, and OSHA.
2) Staged direct lighting of the beach will be limited to the immediate and active construction area(s)
(Figure 1).
3) Portable construction lighting towers will be commercially available with metal halide or halogen bulbs.
Lighting will be shielded and angled to reduce illumination of adjacent beach and nearshore waters to the
extent practicable (Figure 1).
4) Heavy machinery moving sediment and other required equipment will have lighting minimized and
shielded. This lighting will be used only when needed.
5) Within the project area, the "dump shack" may also have lighting associated with it. This lighting will be
minimized and shielded the maximum extent practicable.
6) The permittee and its contractors shall provide representatives from the US Fish and Wildlife
Service (or their designee) the opportunity to educate construction contractor managers, supervisors,
foremen and other key personnel as to the adverse effects of artificial lighting on nesting sea turtles and
hatchlings, and to the importance of minimizing those effects.
Required project actions which will minimize impacts of artificial lighting on or within the vicinity of nesting
beaches include:
1) Daily early morning surveys for sea turtle nests will be required. Detected nests will likely be relocated
out of the project area (independent of this project) by PINWR or the Cape Hatteras National Seashore as
has been done in the past.All detected nesting activity will be reported to the Service's Raleigh Field Office.
2) If sand is place on the beach at night, nighttime monitoring of the construction area and the project area
is required.
a. If a female sea turtle is observed attempting to nest, all work on the beach will cease and all
lights will be extinguished (except for those absolutely necessary for safety) until after the female finishes
laying eggs. If a female turtle successfully lays eggs in a nest, no work may occur within 50 feet of the nest
site until after the eggs have been relocated.
b. If hatchlings are observed emerging from a previously undetected nest, all work on the beach
will cease and all lights will be extinguished (except for those absolutely necessary for safety) until after the
hatchlings have entered the ocean.
2

3) Night-time storage of construction equipment not in use must be off the beach to minimize disturbance
to sea turtle nesting and hatching activities.
04C'14��N
Shoreline
Beach ANVORK AREA, Seach
No Illurnination, No Illumination
Zone w Zone
shiowing &A 1 u"Al Out 'I ShWding
iii Sourcs
CROSS SECnON
Lot Uarre
..u,, BEACH LIGHTING
SCHEMATIC
Figure 1. Beach lighting schematic. Required for NC Highway 12 Project.
3