20180713 Ver 1_20180524_letter_Service to NCDOT_OceanOutfall#7_20180530

United States Department of the Interior
FISH AND WILDL[FE S�RVIC�
Ralei�h Field Of#ice
Post Office Bax 337?6
Ralei�h, North Carolina 27636-3726
May 24, 2018
Paul Williams
North Carolina Department of Transportation
113 Aiaport Drive, Suite 1 DO
Edenton, North Caralina 27932
Dear Mr. Wil�iams:
This letter is in response to your letter of May 21, 2018 which pravided the U.S. Fish and
Wildlife Service (5ervice} with the biological conclusion of the Narth Carolina Department of
Transportation {NCDOT} that the repauir of acean Outfail #7 in South Nags Head, Daze County
may affect, but is not likely to adversely affect the federally listed green sea turtle (Chelonia
mydas), ieatherback sea turtle (Dermachelys coriacea), loggerhead sea turtle (Carelta caretta),
hawksbill sea turtle {Erelmochelys imbrieata), Kemp's ridley sea turtle (Lepidochelys kempii),
piping plover (Charadrius melodus), and red knot (Calydris carrutus rufa}. These comments aze
prov'sded in accordanee with Section 7 of the Endangered Species Act (ESA) of 1973, as
amended {16 U.S.C. 1531-1543).
According to your submitted infarmation, NCDOT expec�s to begin the work in June ar July and
to camplete it within a week. The project is located at a public beach access point which Iikely
sees a high level of human disturbance during the summer, thus Iimiting the wildli% habitat
value of the site. AIl work will be conducted during daylight hours, and NCDOT commiks to
conducting a turtle crawl survey each morning prior to work taking place. You state that if any
sea turtle crawl is observed, NCDOT will stop work ar�d consult with the North Carolina
Wildlife Resources Commission (NCWRC) prior to any further work taking place.
Based on avaiiable infarmation, and due to the very limited scope and duration of the praject, the
Service concurs with yow conclusion that the project may affect, but is not likely to adversely
afFect sea turtle species, piging plover, and red knot. However, in the unlilcety event that a sea
turtle crawl is observed n�ar the project location, we advise that the Service shauld be contacted
in addition to contactin� the NCWRC. The presence of a sea turtte crawl is unlikely to result in a
long-#ernt delay af the project, but appropriate measures may need to take place to avaid take of
the species.
We 6elieve that the requirements of Section 7(a}(2) af the ESA have been satisfied. We remind
you that obligations under Secrian 7 cansultation 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 ar critica� habitat
determined that may be affected by this identified actian. T}te Service appreciates the

opportunity to review this project. If you have any questions regarding our response, please
contact Mr. Gary 7ordan at (919) $56-4520 (Ext. 32).
Sincerely,
�Pete Benjamin
Field Supervisor
Electronic copy:
Kyle Barnes, LISACE, Washington, NC
Travis Wilson, NCWRC, Creedmoor, NC