20220825_ltr_USFWS_USACE_U-4751_R-3300

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 25, 2022

Monte Matthews
Department of the Army
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343

Dear Mr. Matthews:

This letter is in response to your letter of August 25, 2022 which requested re-initiation of formal
Section 7 consultation for the Military Cutoff Road Extension and Hampstead Bypass Project in New
Hanover and Pender Counties, North Carolina (TIP Nos. U-4751 and R-3300) for their effects on the
federally endangered red-cockaded woodpecker (Picoides borealis, RCW). The U.S. Fish and
Wildlife Service (Service) previously issued a Biological Opinion (BO) for the action on July 21,
2016. The BO determined the action is not likely to jeopardize the continued existence of the RCW
and that there would be incidental take of one RCW group. Since the issuance of the BO, changes in
the action regarding borrow pits necessitated a review to determine if any additional take of RCWs
would occur.

Your attached Biological Assessment dated July 22, 2022 assessed nine proposed borrow pits for
their potential effects on RCWs. Following discussions between the Service and the North Carolina
Department of Transportation, one of the nine borrow pits was dropped from consideration. Of the
remaining eight, seven occur completely outside any active RCW foraging partitions. One borrow pit
is located partially inside the foraging partition of RCW cluster PVT 1. Although some pine forest
will be removed, none of the removals include suitable or potentially suitable foraging habitat.
Utilizing the RCW Standard for Managed Stability, PVT 1 will retain sufficient foraging habitat
post-project. Therefore, no additional take of RCWs is expected.

This letter fulfills your requirements applicable to the action for completing consultation under
§7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended. 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. If you have any questions regarding our response, please contact
Mr. Gary Jordan at [e-mail] .

Sincerely,

for Pete Benjamin
Field Supervisor
2

Electronic copy:

Brad Shaver, USACE, Wilmington, NC
Sean Farrell, NCDOT, Castle Hayne, NC
Mason Herndon, NCDOT, Castle Hayne, NC
Tyler Stanton, NCDOT, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Hannah Sprinkle, NCDEQ-DWR, Wilmington, NC
John Hammond, USFWS, Raleigh, NC