final 2022 re-intiation U 4751 R 3300_fwsconsultationBA borrow pits_final

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

August 25, 2022

Regulatory Division

Action ID No. SAW-2007-01386

Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Dear Mr. Benjamin:

On July 21, 2016, the U.S. Fish and Wildlife Service provided a Biological Opinion
based on the review of the Military Cutoff Road Extension and Hampstead Bypass
Project in New Hanover and Pender Counties, North Carolina (TIP Nos. U-4751 and R-
3300) and their effects on the federally endangered red-cockaded woodpecker
(Picoides borealis, RCW). At that time formal consultation regarding the species was
complete with the Biological Opinion that the action is not likely to jeopardize the
continued existence of the RCW. There have been changes to the project area that
includes additional lands which are proposed to be utilized for borrow material for the
subject project. As a result, the U.S. Army Corps of Engineers (Corps) would like to re-
initiate formal consultation regarding the species to include additional high ground
impacts.

Please reference the Biological Assessment for nine (9) proposed borrow pits (A,
B, D1-3, E F, G, and H) for the Hampstead Bypass Project (R-3300 B) dated July 22,
2022, attached. Additionally, please refer to the latest revised overview sheets entitled
Reclamation Plan for Hampstead Bypass – C204552 dated August 18, 2022, also
attached. This latest plan shows the final pits being considered for borrow activities
includes A, B, D1-3, E, G, and H as pit F is no longer being pursued. Further, according
to North Carolina Department of Transportation the contractor has committed to not
remove any suitable habitat due to the haul road required through former pit F. The
proposed project would not impact any additional jurisdictional waters and would not
require Department of the Army modification to the current authorization.

After a review of the Final Biological Assessment, the Corps has concluded that
the proposed work will the not result in any additional take of the red-cockaded
woodpecker (Picoides borealis); and therefore, I am requesting re-initiation of formal
consultation pursuant to Section 7 of the Endangered Species Act of 1973, as
amended.
-2-

Your expeditious review of the Biological Assessment and response will be
appreciated. Should you need additional information, please do not hesitate to contact
Mr. Brad Shaver, at the Wilmington Regulatory Field Office, telephone [phone].

Sincerely,

Monte Matthews
Lead Project Manager
Wilmington Regulatory Division

Copies furnished with attachments
(electronic):

Mr. Gary Jordan, US Fish and
Wildlife Service

Mr. Tyler Stanton, NCDOT-NES

Mr. Hannah Sprinkle, NCDEQ-DWR

Mr. Sean Farrell, NCDOT-Division 3,

Mr. Mason Herndon, NCDOT-
Division 3