20181250 Ver 1_USFWS Comments_20181004

United States Department of the Interior
FISH AND WILDLIFE SERWICE
Raleigh Field Office
Post Office Box 33726
Ralei�h, North Carolina 27636-3726
October 4, 2018
Paul Williams
North Caralina Departrnent of Transportation
113 Airpart Drive, Sui�e 100
Edenton, North Cazolina 27932
Dear Mr. Williams:
This tetter is in response to your letter of October 1, 2Q1$ which provided the U.S. Fish and
Wildlife Service (Service) wikh the biological conclusion of the North Caralina Departmen# of
Transportation �'NCDOT) that the South Nags Head ocean outfall maintenance and repair in
Nags Head, Daze County may affect, but is not likely to adversely affect the federally listed
green sea turtle (Chelonia mydas), leath�rback sea hutle (Dermochelys eariacea), loggerhead sea
turtle {Caretta caretta), hawksbill sea turtle {Eretmochelys imbricata}, K.emp's ridley sea turtle
(Lepidochelys kempii), piping plover �Charadrius melodus), and red knot (Calidris canutus
rufa). These camments are pravided in accordance with Section 7 of the Endangered Species
Act (ESA) oF 1973, as amended (16 U.S.C. 1531-1543}.
According to your suhmitted informatian, NCDOT expects to begin the wark in early 2019 and
be completed by no later than May 31, 2p19. Depending on the start date, the work may extend
into sea turtle nesting season. The project is Iocated at a gublic beach access point which likely
reduces the wildlife habitat value of tlie site. All work will be conducted during daylight hours,
and NCDOT commits to conducting a turtle crawl survey each morning prior to work talting
place. You state that if any sea turtle crawl is observed, NCDOT will stop wvrk and consult with
the North Carolina Wildlife Resources CoFnmission {NCWRC) prior to any further work taking
place.
Based on available infurmation, and due ta the limited scope of the praject, the Service concurs
with your conclusion that the project may affeet, 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 shouId be contacted in addition to
contacting the NCWRC. The presence of a sea turtle crawl is un3ikely to resuIt in a long-term
delay of the project, buk appropriate measures may need to take place to avoid take of the
species.
We be�ieve that the requirements of Section 7{a)(2) af the ESA have been satisfied. We remind
you that abligations under Section 7 consultation must be reconsidered if: (1} new information
reveals impacts of this identified action that may affect iisted species or critical habitat in a
manner nat 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 Iisted or critical habitat
de#ermined khat may be affected by this identified action. The Service appreciates �he

opportunity to review this project. If yau Have any questions regarding our response, please
cantact Mr. Gary dardan at (9I9) 856-�F52U {Ext. 32}.
Sincerely,
� Pete Benjaznin
FieId Supervisor
Electronic copy:
Kyle Bames, USACE, Washingtan, NC
Travis Wilson, NCWRC, Creedmoor, NC