20230517_ltr_USFWS_USACE_R-3300_U-4751

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
May 17, 2023

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 May 17, 2023 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. You requested
re-initiation of formal consultation on August 25, 2022 to address changes in the action
regarding borrow pits. The Service responded with a letter on August 25, 2022 confirming no
additional take of RCWs would occur as a result of the changes. You are again requesting re-
initiation of formal consultation to address the use of an additional borrow pit – Pit F.

Your attached Biological Assessment dated July 22, 2022 assessed Pit F for potential effects on
RCWs. Pit F occurs within 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:

Tom Steffens, USACE, Washington, NC
Mason Herndon, NCDOT, Castle Hayne, NC
Jon Giles, 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