Final re-initiation of Sec 7 consult new info-1.2

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 17, 2023
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, your agency provided a Biological Opinion based on your
review of the Military Cutoff Rd 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 your
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 Corps would like to re initiate formal consultation regarding the species to include
additional high ground impacts.
Please reference the Biological Assessment for 9 proposed borrow pits (A, B, D1-
3, E F, G, and H) for the Hampstead Bypass (R-3300 B) dated July 22, 2022, attached.
Additionally, please refer to the overview sheets entitled Reclamation Plan for
Hampstead Bypass – C204552 dated June 3, 2022, attached. This plan sheet shows
Pit F, which NCDOT is proposing to use for borrow activities.
A revision to the Corps letter of August 25, 2022, is now necessary due to new
information. On April 10, 2023, NCDOT submitted the documents noted above to this
office proposing use of Pit F. After internal review of the submitted information, the
Corps finds that no suitable or potentially suitable RCW foraging habitat would be
removed by using Pit F, and thus no additional take of RCWs would occur. Pit C is not
under consideration as a borrow site and is not part of this recent proposal.
The proposed use of Pit F would not impact any additional jurisdictional waters
and would not require Department of the Army modification to the current authorization.
However, I am requesting re-initiation of formal consultation pursuant to
-2-
Section 7 of the Endangered Species Act of 1973, as amended, for concurrence that no
additional take of RCW will occur from this proposal.
Your expedited response is appreciated. Should you need additional information,
please do not hesitate to contact Mr. Tom Steffens, at the Wilmington Regulatory Field
Office, telephone [phone].
Sincerely,
Monte Matthews,
Branch Chief, WRDA/Transportation
Wilmington District
Copies furnished with attachments
(electronic):
Mr. Gary Jordan, US Fish and
Wildlife Service
Mr. Tyler Stanton, NCDOT-NES
Mr. Hannah Sprinkle, NCDEQ-DWR
Mr. Jon Giles, NCDOT-Division 3,
Mr. Mason Herndon, NCDOT-
Division 3