20190838 Ver 1_USFWS Letter_20190621

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 28, 2019
Gary Jordan
Fish and Wildlife Biologist
US Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
JAMES H. TROGDON, III
SECRETARY
Subject: Ocean Outfall Repairs on Baum Street and Martin Street in Kill Devil Hills, Dare County
Dear Gary Jordan,
The NC Department of Transportation requests concurrence on a "May Affect, Not Likely to
Adversely Affect" determination on potential impacts to Sea Turtles, Piping Plovers, and Red
Knots for repairs to two ocean outfalls in Kill Devil Hills, Dare County. The outlets of the Baum
Street and the Martin Street ocean outfalls need to be repaired, and NCDOT proposes to replace
the last 36 feet of each outfall. The existing ocean outfall outlets are located within the intertidal
zone. The Town of Kill Devil Hills has strongly expressed their concern of the reduced stormwater
drainage of the ocean outfalls with hurricane season approaching.
The projects are scheduled to be completed by NCDOT maintenance personnel in the summer of
this year. All work will occur within 100 feet of either side of the outfall during daylight hours.
To reduce the duration of work activity on the beach (3-5 days), two crews will work
simultaneously. Due to the location of the closest beach access for vehicles (Oregon Avenue),
construction equipment will be stored on the beach each night to minimize the duration of the
project and to minimize impacts to visitors using the beach. An excavator, loader, and trailer will
be stationed at each ocean outfall at night. The equipment will be placed above the Normal High
Water line near the dune, and safety fencing will be placed around it when work stops for the day.
Considering the limited scope of work area, the limited duration of the project, and restriction to
working during daylight hours, it is my opinion that proposed project justifies a biological
conclusion of "May Affect, Not Likely to Adversely Affect" for protected sea turtles, Piping
Plovers, and Red Knots. Since the project will occur during sea turtle nesting season, NCDOT will
conduct a turtle crawl survey within the project vicinity each morning prior to any work taking
place, and a log will be generated. If any turtle crawl is observed, NCDOT will stop work and
consult with the NCWRC prior to any further work taking place.
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION ONE
113 AIRPORT DRIVE, SUITE 100
EDENTON, NC 27932
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
113 AIRPORT DRIVE, SUITE 100
EDENTON, NC 27932

NCDOT is coordinating with the NCDCM, NCDWR, and USACE for the proposed ocean outfall
repair projects. If you could please review the attached plans and project area map. If you have
any questions or need additional information regarding the project, please contact me at (252)482-
1861 or pcwilliams2kncdot.gov.
Sincerely,
Jerry Jennings, P.E.
Division One Engineer
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Paul Williams
Division One Environmental Supervisor