April 13, 2007

Mr. Dan L. Lentz, District Ranger

U.S. Forest Service

Shawnee National Forest

521 N. Main Street

Jonesboro, Illinois 62952

Dear Mr. Lentz:

This letter is in response to your March 20, 2007, biological assessment
and request for site-specific review, pursuant to section 7 of the
Endangered Species Act of 1973, as amended, of the proposed Big Muddy
River Bottoms Habitat Improvement Project (Big Muddy Project) on the
Mississippi Bluffs Ranger District, in Jackson and Union Counties,
Illinois. On December 3, 2005, the U.S. Fish and Wildlife Service
(Service) issued a programmatic biological opinion for the Shawnee
National Forest (SNF) 2006 Land and Resource Management Plan (LRMP).
This programmatic biological opinion established a two-tiered
consultation process for LRMP activities, with issuance of the
programmatic opinion being Tier 1 and all subsequent site-specific
project analyses constituting Tier 2 consultations. When it is
determined that a site-specific project is likely to adversely affect
federally listed species, the Service will produce a "tiered" biological
opinion. In the event of a "may affect" but "not likely to adversely
affect" determination, we will provide written concurrence and Section
7(a)(2) consultation will be considered completed for that project.

In issuing the programmatic biological opinion (Tier 1 biological
opinion), we evaluated the effects of all Forest Service actions
outlined in your Biological Assessment and the LRMP on the federally
listed Indiana bat (*Myotis sodalis*), Mead's milkweed (*Asclepias
meadii*), gray bat (*Myotis grisescens*), bald eagle (*Haliaeetus
leucocephalus*), least tern (*Sterna antillarum*), pallid sturgeon
(*Scaphirhynchus albus*), fanshell mussel (*Cyprogenia stegaria*), fat
pocketbook pearly mussel (*Potamilus capax*), pink mucket pearly mussel
(*Lampsilis abrupta*) and orange-footed pearly mussel (*Plethobasus
cooperianus*). We concurred with your determinations of "not likely to
adversely affect" for the gray bat, bald eagle, least tern, pallid
sturgeon, fanshell mussel, fat pocketbook pearly mussel, pink mucket
pearly mussel and orange-footed pearly mussel. We also concurred with
your determination of "likely to adversely affect" for the Indiana bat.
We did not concur with your determination of "not likely to adversely
affect" for the Mead's milkweed. The federally listed Price's potato
bean (*Apios priceana*) was not evaluated in the Tier 1 biological
opinion as this species is considered extirpated in Illinois.

Mr. Dan Lentz 2.

Your current request for Service review of the Big Muddy Project is a
Tier 2 consultation under the December 3, 2005, programmatic biological
opinion. We have reviewed the information contained in the Big Muddy
Project biological assessment submitted by your office on March 20,
2007, describing the effects of the proposed project on federally listed
species. We concur that the proposed action will have no effect on least
tern, pallid sturgeon, eastern prairie fringed orchid (*Platanthera
leucophaea*) and prairie bush clover (*Lespedeza leptostachya*). We also
concur that the proposed action is not likely to adversely affect the
gray bat, bald eagle or Price's potato-bean (*Apios priceana*). No
further consultation is required for these species.

We also concur with your determination that the action is likely to
adversely affect the Indiana bat. As such, this review focuses on
determining whether: (1) this proposed project falls within the scope of
the programmatic biological opinion issued for SNF's LRMP, (2) the
effects of this proposed action are consistent with those anticipated in
the Tier I programmatic biological opinion, and (3) the appropriate
Terms and Conditions associated with the Reasonable and Prudent Measures
identified in the Tier I biological opinion are adhered to. This letter
serves as the Tier 2 biological opinion for the proposed Big Muddy
Project on the Mississippi Bluffs Ranger District. As such, the 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 programmatic biological opinion.

[Description of the Proposed Action]{.underline}

The biological assessment includes the location and a thorough
description of the proposed action. The proposed action is Alternative 2
and involves the following actions:

1\. Establishment of approximately 550 acres of shallow-water
impoundments to restore wetlands and provide additional wetland habitat
to replace historic losses. The construction of these shallow-water
impoundments will require the use of earth moving equipment to create
berms to impound water in natural drainages and, installation of water
control structures. Most of this activity would be in the Mississippi
and Ohio Rivers Floodplain (MO) and Candidate Wild and Scenic River (CR)
management areas.

2\. Prescribed burning of approximately 12,120 acres in several
different management areas including throughout Oakwood Bottoms and
adjacent riparian and floodplain areas, and floodplain forests in the
Gorham tract north of Oakwood Bottoms.

3\. Timber-stand improvement (TSI) including girdling or cutting of
shade-tolerant sapling and pole-sized trees and use of selective
planting within the existing Oakwood Bottoms Greentree Reservoir (OB)
management area and in adjacent riparian areas to reduce competition of
shade-tolerant species with oaks and hickories and allow for

Mr. Dan Lentz 3.

regeneration of oak and hickory species (5,600 acres of TSI in OB
management area and 12,120 acres of selective tree planting throughout
the entire 12,120 acres project area).

4\. Thinning of a dense stand (actual plantation) of pole-sized pin oaks
in Unit 17 (91 acres) in the OB management area to release pin oaks for
optimum growth and mast production.

5\. Establishment of approximately 900 acres of additional greentree
reservoir adjacent to the existing greentree reservoir within the OB
management area.

6\. Installation of two water supply wells to provide management
flooding water for the additional greentree reservoir within the OB
management area.

7\. Restoration of approximately 9 miles of existing levees, ditches,
and approximately 25 water control structures in five existing flooding
units all within the OB management area.

It is estimated that approximately 200 acres of trees may be impacted by
earth work to construct and/or restore levees and ditches as part of the
proposed action. The planning timeframe for the proposed project is 5
years. The proposed project will incorporate the appropriate standards
and guidelines from the 2006 LRMP and appropriate Terms and Conditions
in the programmatic biological opinion. In addition, the project
includes the following site-specific standard and guideline:

*The Forest will report the acres of TSI and burning accomplished
annually in the project area within 2.5 miles and within 2.5-5.0 miles
of the Toothless Cave hibernacula in an annual report to the Service.*

[Status of the Species]{.underline}

Indiana bat species description, life history, population dynamics,
status and distribution and threats are fully described on pages 43-53
of the programmatic biological opinion and are hereby incorporated by
reference.

[Environmental Baseline]{.underline}

The environmental baseline for the Indiana bat was fully described on
pages 55-59 of the programmatic biological opinion and is hereby
incorporated by reference.

Mr. Dan Lentz 4.

[Effects of the Action]{.underline}

Based on our analysis of information provided in your March 20, 2007,
biological assessment we have determined that the adverse effects of the
proposed action are consistent with those contemplated in the
programmatic biological opinion. These adverse effects are fully
described on pages 62-72 of the programmatic biological opinion. Adverse
effects to the Indiana bat from this project could occur due to the
removal of an unknown occupied roost tree, specifically in conjunction
with timber stand improvement activities. Although impacts may not be
avoided, implementation of the 2006 Forest Plan standards and guidelines
provided on pages 93-97 of the programmatic biological opinion will
minimize adverse effects. The SNF will adhere to standards and
guidelines that protect and/or enhance suitable roosting, foraging and
hibernation habitat for the Indiana bat now and into the future.

[Conclusion]{.underline}

We believe the proposed Big Muddy River Habitat Improvement Project in
the Mississippi Bluffs District is consistent with the programmatic
biological opinion. After reviewing the site-specific information,
including 1) scope of the project, 2) the environmental baseline, 3) the
status of the Indiana bat and its known occurrence within the project
area, 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 5,891 forested acres. This includes 5,600 acres of
TSI, 91 acres of thinning and approximately 200 acres of forest impacted
for wetland management activities.

This anticipated level brings the cumulative total of incidental take
for the SNF to 9,591 acres (Table 1). This level is well below the
17,195 total forested acres anticipated during the first 10 years of
Forest Plan implementation. 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 SNF to date
under the LRMP, is not likely to result in jeopardy to the species.

We understand that the Forest Service is implementing all pertinent
Indiana bat Reasonable and Prudent Measures and implementing Terms and
Conditions stipulated on pages 88-90 of the programmatic biological
opinion. As explained in the programmatic biological opinion, these
measures will minimize the impact of the anticipated incidental take. In
addition to the Terms and Conditions in the programmatic biological
opinion,

Mr. Dan Lentz 5.

and the site-specific standard and guideline for this project, the
following Term and Condition for implementing Reasonable and Prudent
Measure \# 2 is appropriate to apply to this project:

*Project Specific Term and Condition*

> *Provide a yearly report to the Service which identifies the total
> number of acres prescribed burned (blackened) in the area east of the
> Big Muddy River levee.*

Additionally, as the project area for the Big Muddy Project and the
project area for the Prescribed Fire for Improvement of Wildlife Habitat
and/or Urban Interface Fuel Conditions Project both overlap to some
degree with the 2.5 mile and 5.0 mile radius protection zones around
Toothless Cave, care will be needed to ensure the allowable acreage of
prescribed fire is not exceeded in any given year.

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
this regulation, 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 Shawnee National Forest LRMP 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 Shawnee National Forest LRMP and projects
predicated upon it are 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 is 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.

We appreciate your efforts to ensure that this project is consistent
with all the provisions outlined in the 2006 Forest Plan and
programmatic biological opinion. If you have any questions or need
additional information, please contact me at 618/997-3344, ext. 340.

Sincerely,

*/s/ Joyce A. Collins*

Joyce A. Collins

Assistant Field Supervisor

cc: IDNR (Kruse, Shimp)

**Table 1: Incidental take of Indiana bats (forested acres affected) for
the Big Muddy River Bottoms Habitat Improvement Project and its
contribution to the cumulative total for the Shawnee National Forest
outlined on page 87 of the Service's Programmatic Biological Opinion of
December 3, 2005.**

  --------------- ------------ ------------- ------------ ------------ ------------
  **Project**     Timber       Timber Stand  Wetland      Minerals     **Total
                  Harvest and  Improvement   Management   Management   Forest Acres
                  Timber                                               Affected**
                  Management                                           

  Big Muddy River 91           5600          200          0            5891
  Bottoms Habitat                                                      
  Improvement                                                          
  Project                                                              

  Prescribed Fire 0            3700          0            0            3700
  for Improvement                                                      
  of Wildlife                                                          
  Habitat and/or                                                       
  Urban Interface                                                      
  Fuel Conditions                                                      

  **Cumulative    91           9300          200          0            9591
  Total**                                                              
  --------------- ------------ ------------- ------------ ------------ ------------