20072112 Ver 2_20180312_letter_Service to NCDOT_OceanOutfall #6_20180316

United States Department of the Ynterior
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Raleigh Field Office
Past Office Bax 33726
��I�.r�h, Narth Carolina?7b36-37?6
March 12, 2018
Paul Williams
North Carolina Dapartment of Transportation
I 13 Airport Drive, Suite 100
Edenton, North Caralina 27932
Dear Mr. Williams:
This letter is in response to your letter of March 7, 2018 which provided the U.S. Fish and Wild�ife
Servic� (Service) with the biolo�ical conclusion of the North Carolina Department of Transportation
(NCDOT) that ihe repair of Ocean Outfall #b at Lake Drive in Kill De�il Hills, Dare County may affect,
but is nat likefy to adversely affect the federally listed green sea turtle (Chelonia ntydas}, Ieatherback sea
turtle (Dermachelys coriacea),loggerhead sea turtle (C'aretla caretta}, hawksbill sea turtIe (Eretmochelys
inrbricata}, Kemp's ridley sea turtle (Lepidochelys kenrpia�, piping plover (Charadritrs nr�lodus), and red
knot (Calidris canutus rufa). These comments are provided in accordance with Section 7 of the
Endangered Species Act (ESA} af 1973, as amended {16 U.S.C. 1531-1543).
According ta your submitted information, NCD4T expects to complete the work tltis Aprii. However, if
inclement weather delays the praject and work is pushed into May, the NCDOT will conduct a sea turtle
crawl survey (beginnin� May 1) each morning prior to wark commencin�. Yau state that if any sea turtIe
crawl is observed, NCDOT will stop work and consult with the North Caralina Wildlife Resources
Commission {NCWRC) prior to any further work talcing place. Furthermore, all wark wil) occur during
daylight hours only.
Based on availabte information, and due #o the limited scope and duration af the project, the 5ervice
concurs with your conclusion that the project may affect, but is not likely to adversely affect sea turtle
species, pipin� plaver, and red knot. However, in the unlike�y event that a sea turtle crawl is observed
near the project loeation, we advise that the Service should be cantaeted in addition to contacting the
NCWRC. The gresence of a sea turtle crawI is unlikely to result in a long-term delay of the project, but
appropriate measures may need to taka pince tu avoid take of tha species.
We helieve that the requirements of Section 7{a)(2} of the ESA iza�e been satisfied. We rerttind yau 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 t�is review; (2} this action is subsequentIy modified in a manner that was nat considered in
this review; or [3) a new species is listed or critical habitat determined that may be affected by this
identi�ed action. The Service appreciates the opportunity to review this project. [f you have �rty
questions regarding our response, please cantact Mr. Gary Jordan at [phone] {Ext. 32}.
Sincerely,
�- Pete Benjarnin
Field Supervisor

Eiectronic copy:
Kyle Barnes, USACE, Washington, NC
Travis Wilson, NCWRC, Creedmoor, NC