20210987 Ver 1_Ocean Outfall #2 EPCN Packet_20210604

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
May 24, 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 May 21, 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 three ocean outfalls for Curlew, Conch, and Martin
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 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 two days, and all work will occur during daylight hours only.
Work is anticipated to occur in the summer of 2021 during 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.

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
2

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
May 26 2021

DWR:

I contacted Mr. Garcy Ward by phone on May 25 2021 to ask about the 401 certification
requirements for the proposed repair described in this PCN and he stated that written
concurrence was not required for this work. I explained that I could not submit the application
because of the PMR requirements. He instructed me to type this word document and attach it
to the app.

Steve Trowell
Environmental Specialist II
North Carolina Department of Transportation
From:Jordan, Gary
To:Trowell, Steve J
Cc:Castello, Robert C; Williams, Paul C
Subject:Re: [EXTERNAL] Proposed Nags Head Ocean Outfall Repair
Date:Wednesday, June 2, 2021 3:40:46 PM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Steve,
No problem. The concurrence letter is still valid. I will document this clarification in my
files. Thanks for letting me know.
Gary Jordan
Fish and Wildlife Biologist, Liaison to NCDOT
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Email: [e-mail]
From: Trowell, Steve J <[e-mail]>
Sent: Wednesday, June 2, 2021 2:15 PM
To: Jordan, Gary <[e-mail]>
Cc: Castello, Robert C <[e-mail]>; Williams, Paul C <[e-mail]>
Subject: [EXTERNAL] Proposed Nags Head Ocean Outfall Repair

This email has been received from outside of DOI - Use caution before clicking on
links, opening attachments, or responding.
Gary:

Per our phone conversation this afternoon concerning my 21 May 2021 correspondence seeking
concurrence on “May Affect, Not Likely to Adversely Affect” determination for potential impacts to
Sea Turtles, Piping Plovers and Red Knots for repairs to three different adjacent ocean outfalls in the
Town of Nags Head. You responded with a letter dated 24 May 2021. In my correspondence I miss
labeled the name of the ocean outfall titled outfall no. 5 at Martin Street. The coordinates for this
location are correct but the correct name for this location is not no. 5 at Martin Street but rather
ocean outfall no. 2 at Mile Post 12.7. I attached a topo quad map of the location. Sorry for the
confusion. If you have any questions please let me know.
----___ = = ------_ _ _ _ EX 1ST ING WOOD p ILES------_d' ----------===--=====-11--Dl-� -
,
- --,-.,,-_ II II
SYMBOLS
PROPOSED CROSS SECTION
EXISTING CROSS SECTION
'--ti Ui --or
EX !STING 27 ,, RCP
R­ti
lJ
-17--11
lJ
-Fl ti
lJ
PLAN VIEUT
DETAILED DRAWING
\
I \
I \
I
I I
I I
I \
I \
I \ I \ \
EXISTING PIPE ELEVATION WILL BE MAI NT AI NED
OCEAN OUTFALL
RESET EXISTING PIPE COLLARS AND REPLACE COLLAR HARDWARE
EXISTING WOOD PILES TO REMAIN IN PLACE
#2
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION 1
113 AIRPORT DR.
EDENTON, NC 27932 [phone]
WBS#:
DATE:
�---Jez _ ___,I
COUNTY: DARE
QUAD: KITTY HAWK
BASIN: PASQUOTANK SHEET #:
1SP.10281.5
MAY 19, 2021
OF 1
SUBJECT: REPAIR AND MAINTENANCE TO Mile Post 12.7 OUTFALL #2
LAT. 35.958840 N LONG. = 75.623428 W lJ
DRAWN BY: K. BROWN SCALE: 1" 20'
Ocean Outfall No. 2Mile Post 12.735.95 884°-75 .623428°
NCDOT GIS Unit, C opyright:© 2013 National Geographic Society,i-cubed
Repair/Maintenance Ocean Outfall No. 2Mile Post 12.7Dare County Quad Name:Roanoke Island NE
0 0.4 0.80.2 Miles
Ü
Soil Map—Dare County, North Carolina
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/2/2021
Page 1 of 33978800397900039792003979400397960039798003980000398020039804003980600398080039788003979000397920039794003979600397980039800003980200398040039806003980800443000443200443400443600443800444000444200444400
443000 443200 443400 443600 443800 444000 444200 444400
35° 58' 14'' N 75° 37' 58'' W35° 58' 14'' N75° 36' 55'' W35° 57' 6'' N
75° 37' 58'' W35° 57' 6'' N
75° 36' 55'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 18N WGS84
0 450 900 1800 2700
Feet
0 150 300 600 900
Meters
Map Scale: 1:10,200 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Dare County, North Carolina
Survey Area Data: Version 20, Jun 2, 2020
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Dec 31, 2009—Oct
19, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Dare County, North Carolina
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/2/2021
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
BnD Beaches-Newhan complex, 0
to 25 percent slopes
20.9 4.6%
CoB Corolla fine sand, 0 to 6
percent slopes, rarely
flooded
7.9 1.7%
CrB Corolla-Duckston complex, 0
to 6 percent slopes, rarely
flooded
4.0 0.9%
DtA Duckston fine sand, 0 to 2
percent slopes, occasionally
flooded
15.5 3.4%
DuE Dune land, 2 to 40 percent
slopes
48.9 10.7%
DwE Dune land-Newhan complex, 2
to 40 percent slopes
36.7 8.0%
NeC Newhan fine sand, 0 to 10
percent slopes
6.5 1.4%
NhC Newhan-Corolla complex, 0 to
10 percent slopes
26.2 5.7%
NuC Newhan-Urban land complex,
0 to 10 percent slopes
46.5 10.2%
W Water 244.0 53.4%
Totals for Area of Interest 457.1 100.0%
Soil Map—Dare County, North Carolina
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/2/2021
Page 3 of 3