20051155_Complete File_20050309

QPP??F.NT OF ryF United States Department of the Interior
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0 FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
?'9RCH Raleigh, North Carolina 27636-3726
March 9, 2005
Clay Willis
North Carolina Department of Transportation
113 Airport Drive, Suite 100
Edenton, NC 27932
Dear Mr. Willis:
This letter is in response to your letter of March 1, 2005 which provided the U.S. Fish and Wildlife
Service (Service) with the biological determination of the North Carolina Department of Transportation
(NCDOT) that the proposed paving of SR 1223 (Goat Neck Road) in Tyrrell County will have no effect
on the federally endangered red-cockaded woodpecker (Picoides borealis)(RCW). 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 the information provided in your letter, the NCDOT will pave an existing gravel road and
clean out an existing roadside ditch. As stated in your letter, RCW cavity trees exist very close to the
project limits. These cavity trees are within the Palmetto Peartree Preserve owned by The Conservation
Fund. Due to the close proximity of the cavity trees, the biological determination of "no effect" is not
appropriate. However, since no tree removal will occur, the Service would be able to concur with a "may
affect, not likely to adversely affect" determination. We believe that the requirements of section 7(a)(2)
of the ESA have been satisfied for this species. 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 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,

Mike Wicker
Acting Ecological Services Supervisor
cc: Bill Biddlecome, USACE, Washington, NC
Nicole Thomson, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC