20190838 Ver 1_20190530_letter_Service to NCDOT_KillDevilHillsOceanOutfalls #5 and #8_20190621

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
May 30, 2019
Paul Williams
North Carolina Department of Transportation
113 Airport Drive, Suite 100
Edenton, North Carolina 27932
Dear Mr. Williams:
This letter is in response to your letter of May 28, 2019 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the ocean outfall repairs at Baum Street and Martin Street in Kill
Devil Hills, 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).
According to your submitted information, NCDOT expects to conduct the work during summer
2019 over a period of 3-5 days. It is understood that the repair work will occur within the
intertidal zone and will be conducted during daylight hours. The project is located in a high
pedestrian traffic area which likely reduces the wildlife habitat value of the site. NCDOT
commits 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 and consult with the North
Carolina Wildlife Resources Commission (NCWRC) prior to any further work taking place.
Based on available information, and due to the limited scope of the project, 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 -tern
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: (I) 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
determined that may be affected by this identified action. The Service appreciates the

opportunity to review this project. If you have any questions regarding our response, please
contact Mr. Gary Jordan at [phone] (Ext. 32).
Sincerely,
Pete Benjamin
Field Supervisor
Electronic copy:
Kyle Barnes, USACE, Washington, NC
Travis Wilson, NCWRC, Creedmoor, NC