\(614\) 469-6923/ FAX (614) 469-6919

December 13, 2005

Gloria Chrismer

Ironton District Ranger

Wayne National Forest

6518 SR 93

Pedro, OH 45659

Dear Ms. Chrismer:

This letter is in response to your November 30, 2005, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, regarding the Kosmos Power Lines Project north
of Lawco Lake in Lawrence County (38º 40' 18"N and 82º 40' 54"W) on the
Ironton Ranger District of the Wayne National Forest (WNF). The Forest
Service is proposing amending special use permits for AEP that would
allow rerouting a power line around a wetland. Activities include
constructing 1850 feet of new power line, 1000 feet of access road, and
6600 feet of widened right-of-way. The overall project will impact
approximately 6.7 acres of forest. This review represents a Tier 2
consultation, as explained below.

On September 20, 2001, the U.S. Fish and Wildlife Service (Service)
issued a programmatic biological opinion (PBO) for the Wayne National
Forest Land and Resource Management Plan (Forest Plan). This PBO
established a two-tiered consultation process for Forest Plan
activities, with issuance of the programmatic opinion being Tier 1 and
all subsequent site-specific project analyses constituting Tier 2
consultations. Under this tiered process, the Service will produce
"tiered" biological opinions when it is determined that site-specific
projects are likely to adversely affect federally listed species. When
"may affect" but "not likely to adversely affect" determinations are
made, we will provide written concurrence and section 7(a)(2)
consultation will be considered completed for those site-specific
projects.

In issuing the PBO (Tier 1 biological opinion), we evaluated the effects
of all Forest Service actions outlined in your Biological Evaluation on
the Federally listed Indiana bat (*Myotis sodalis*), bald eagle
(*Haliaeetus leucocephalus*), American burying beetle (*Nicrophorus
americanus*), northern monkshood (*Aconitum noveboracense*), running
buffalo clover (*Trifolium* *stoloniferum*), small whorled pogonia
(*Isotria medeoloides*), Virginia spiraea (*Spiraea virginiana*),
fanshell mussel (*Cyprogenia stegaria*), and the pink mucket pearly
mussel (*Lampsilis abrupta*). We concurred with your determinations of
"not likely to adversely affect" for northern monkshood (*Aconitum
noveboracense*), running buffalo clover (*Trifolium* *stoloniferum*),
small whorled pogonia (*Isotria medeoloides*), Virginia spiraea
(*Spiraea virginiana*), fanshell mussel (*Cyprogenia stegaria*), and the
pink mucket pearly mussel (*Lampsilis abrupta*). We also concurred with
your determination of "likely to adversely affect" for Indiana bat
(*Myotis sodalis*), bald eagle (*Haliaeetus leucocephalus*), and
American burying beetle (*Nicrophorus americanus*).

Your current request for Service review of the Kosmos Power Lines
Project is a Tier 2 consultation under the September 20, 2001, PBO. We
have reviewed the information contained in the Biological Evaluation
(BE), submitted by your office on November 30, 2005, describing the
effects of the proposed project on federally listed species. You have
indicated that the proposed action will have no effect on the American
burying beetle (*Nicrophorus americanus*), fanshell mussel (*Cyprogenia
stegaria*), pink mucket pearly mussel (*Lampsilis abrupta*), northern
monkshood (*Aconitum noveboracense*), running buffalo clover
(*Trifolium* *stoloniferum*), small whorled pogonia (*Isotria
medeoloides*), and Virginia spiraea (*Spiraea virginiana*), and thus,
consultation is not required for these species for this project. We
concur with your determination that the action may affect, but is not
likely to adversely affect the bald eagle (*Haliaeetus leucocephalus*).

We concur with your determination that the action is likely to adversely
affect the Indiana bat (*Myotis sodalis*). As such, this review focuses
on determining whether: (1) this proposed site-specific project falls
within the scope the Tier 1 PBO, (2) the effects of this proposed action
are consistent with those anticipated in the Tier 1 PBO, and (3) the
appropriate terms and conditions associated with the reasonable and
prudent measures identified in the Tier 1 PBO are adhered to.

That is, this letter serves as the Tier 2 biological opinion for the
proposed Kosmos Power Lines Project. As such, this letter also provides
the level of incidental take that is anticipated and a cumulative tally
of incidental take that has been authorized and exempted under the PBO.

[Description of the Proposed Action]{.underline}

Pages 1-2 and 6-7 of your Wildlife BE include the location and a
thorough description of the proposed action. The action as proposed
involves constructing 1850 feet of new power line (at 50 feet wide),
1000 feet of temporary access road (widening an existing road by 6
feet), 6600 feet of widened right-of-way (widening by 30 feet), and
removing 1550 feet of power line (which will be allowed to revert to
forest). Most of the trees to be cut are healthy white pine, yellow
poplar, and sycamore, with some white oak, red oak, black oak, and red
maple. The right-of-way will be permanently maintained and no trees will
be allowed to grow in that area. The access road will be allowed to
revert to a forested state. The overall project will impact
approximately 6.7 acres of forest.

[Status of the Species]{.underline}

Species descriptions, life histories, population dynamics, status and
distributions are fully described on pages 11-14 for the Indiana bat in
the PBO and are hereby incorporated by reference. The closest known
summer occurrence for the Indiana bat is about a mile from the proposed
project. A priority 3 hibernaculum is located 1 mile east of the
proposed project. Since issuance of the Service's PBO, additional
surveys of the abandoned limestone mine in Lawrence County recorded 208
Indiana bats using the mine in 2003 and 333 Indiana bats in 2005.
Rangewide status estimates of the Indiana bat based on hibernacula
censuses in 2005 are up slightly from 2001 and 2003 at about 458,332
bats.

[Environmental Baseline]{.underline}

Since the issuance of the PBO in 2001, the environmental baseline in the
WNF has changed due to two notable events: 1) In February 2003, a major
ice storm damaged over 47,000 acres of the WNF in the Ironton District.
The storm damage to trees included: uprooting, splitting in two, and
entire tree tops breaking off. The ice storm created a tremendous amount
of new Indiana bat roosting habitat through creation of crevices and
splits and through increased exfoliating bark through tree death;
therefore, use of the area by Indiana bats is expected to remain stable
or increase into the future, and 2) the completion of a consultation on
the U.S. 33 Nelsonville Bypass Project in the Athens Unit of the Athens
Ranger District that is expected to permanently remove 637 acres and
fragment an additional 1050 acres of habitat, much of which occurs on
the WNF.

On the WNF, 7,819 acres have been applied towards your incidental take,
of which only 1,477.03 acres are for projects that have been
implemented. Much of this anticipated incidental take is for prescribed
fire projects that are planned to be completed before 2006.

[Effects of the Action]{.underline}

Based on our analysis of the information provided in your BE for the
Kosmos Power Lines Project, we have determined that the effects of the
proposed action are consistent with those contemplated in the PBO.

Adverse effects to the Indiana bat from this project could occur due to
the removal of potential roost trees. Direct impacts to the Indiana bat
may result in direct mortality or injury to individuals or small groups
of roosting bats during the felling of trees that may harbor undetected
roosts. Although impacts may not be avoided, implementation of the terms
and conditions associated with the reasonable and prudent measures
(RPMs) provided on pages 36-40 in the programmatic biological opinion
will minimize adverse effects. More specifically, the WNF will adhere to
term and condition numbers 5, 6, and 7 for this project.

[Conclusion]{.underline}

We believe the proposed Kosmos Power Lines Project is consistent with
the PBO. After reviewing site specific information, including 1) the
scope of the project, 2) the environmental baseline, 3) the status of
the Indiana bat and its potential occurrence within the project area and
surrounding Wayne NF land, 4) the effects of the action, and 5) any
cumulative effects, it is the Service's biological opinion that this
project is not likely to jeopardize the continued existence of the
Indiana bat.

[Incidental Take Statement]{.underline}

The Service anticipates that the proposed action will result in the
incidental take of 6.7 acres of forested habitat through activities
associated with issuing a species use permit to AEP. This anticipated
level brings the cumulative total of incidental take for the
implementation of the WNF's Forest Plan to 10.25 acres for special use
permits. This level is well within the 125 acres of incidental take
anticipated in the PBO through September 2006 for this activity. As
explained above, we determined that this level of anticipated and
exempted take of Indiana bats from the proposed project, in conjunction
with the other management actions taken by the WNF pursuant to the PBO
to date, is not likely to result in jeopardy to the species (for further
information, see pages 22-28 in the PBO).

We understand that the Forest Service is implementing all pertinent
Indiana bat RPMs and implementing Terms and Conditions, specifically
conditions 5, 6 and 7, stipulated on pages 36-40 of the PBO. These
measures will minimize the impact of the anticipated incidental take.

This fulfills your section 7(a)(2) requirements for this action;
however, should the proposed project be modified or the level of take
identified above be exceeded, the Forest Service should promptly
reinitiate consultation as outlined in 50 CFR 402.16. As provided in 50
CFR §402.16, reinitiation of formal consultation is required where
discretionary Federal agency involvement or control over the action has
been retained (or is authorized by law) and if: (1) the amount or extent
of incidental take is exceeded; (2) new information reveals effects of
the continued implementation of the Wayne National Forest Land and
Resource Management Plan (as amended) and projects predicated upon it
may affect listed species in a manner or to an extent not considered in
this opinion; (3) the continued implementation of the Wayne National
Forest Land and Resource Management Plan (as amended) and projects
predicated upon it is subsequently modified in a manner that causes an
effect to Federally-listed species not considered in this opinion; or
(4) a new species is listed or critical habitat designated that may be
affected by the action. In instances where the amount or extent of
incidental take is exceeded, any operations causing such take must
cease, pending reinitiation. Requests for reinitiation, or questions
regarding reinitiation, should be directed to the U.S. Fish and Wildlife
Service's Reynoldsburg, Ohio Field Office.

We appreciate your continued efforts to ensure that this project is
consistent with all provisions outlined in the PBO. If you have any
questions regarding our response or if you need additional information,
please contact Sarena Selbo at extension 17.

> Sincerely,
>
> Mary M. Knapp, Ph.D.
>
> Supervisor