August 13, 2002

Galen Johnson, Incident Commander

Mark Twain National Forest

P.O. Box 988

Poplar Bluff, Missouri 63901

Dear Mr. Johnson;

This letter is in response to your August 2, 2002, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, of the proposed 2002 Tornado B Hazardous Fuel
Reduction Project, on the Potosi/Fredericktown Ranger District Ranger
District in Bollinger and Madison Counties, Missouri, and on the Poplar
Bluff Ranger District in Carter and Butler Counties, Missouri for the
2002-2003 planning seasons. On June 23, 1999, the U.S. Fish and Wildlife
Service (Service) issued a Programmatic Biological Opinion (Programmatic
BO) for the Mark Twain=s National Forest (MTNF) Land Resource Management
Plan (LRMP). This Programmatic BO 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 prepare a Atiered@ biological opinion.

In issuance of the Programmatic BO (Tier 1 biological opinion), the
Service evaluated the effects of all U.S. Forest Service=s actions
outlined in the LRMP for the MTNF, as well as a number of identified,
proposed site-specific projects that were attached as an appendix to
your biological assessment. The Programmatic BO evaluated the effects of
Forest Service management program activities, including timber
management and prescribe burning, on the bald eagle (*Haliaeetus
leucocephalus*), Curtis= pearly mussel (*Epioblasma florentina
curtisi*), Indiana bat (*Myotis sodalis*), gray bat (*Myotis
grisescens*), Meads milkweed (*Asclepias meadii*), pink mucket pearly
mussel (*Lampsilis abrupta*), running buffalo clover (*Trifolium
stoloniferum*), Topeka shiner (*Notropis topeka).* We concurred with
your determinations of Anot likely to adversely affect@ for Curtis=
pearly mussel, pink mucket pearly mussel, running buffalo clover, and
Topeka shiner. We also concurred with your determination of Alikely to
adversely affect@ for bald eagle, gray bat, Indiana bat, and Mead=s
milkweed.

Your request for Service review of the proposed activities associated
with the 2002 Tornado B Hazardous Fuel Reduction Project is a Tier 2
consultation. We have reviewed the information contained in the 2002
Tornado B Hazardous Fuel Reduction Project Biological Evaluation (BE),
submitted by your office on August 2, 2002, describing the potential
effects of the proposed project on the above federally listed species.

We concur with your conclusion that there are no additional effects to
federally listed species associated with the 2002 Tornado B Hazardous
Fuel Reduction Project beyond those that were previously disclosed and
discussed in the Service=s Programmatic BO of June 23, 1999. We also
concur with your determination that the only species that may occur
within the project area are Curtis= pearly mussel, pink mucket pearly
mussel, running buffalo clover, Hall=s bulrush, Hine=s emerald
dragonfly, Indiana bat, and bald eagle. As described in the Service=s
Programmatic BO, we believe that adverse effects are likely to occur to
the Indiana bat.

[Description of the Proposed Action/Preferred Alternative]{.underline}

On April 24, 2002, an F-4 tornado damaged approximately 1578 acres of
National Forest lands on the Potosi/Fredericktown Ranger District. Of
that acreage, only 759 acres were determined to need treatment to reduce
hazardous fuels. In the treatment area, only 11 acres are still
forested. The remaining 748 acres are no longer forested. On the same
day, another F-4 tornado damaged approximately 4422 acres of National
Forest lands on the Poplar Bluff Ranger District. Of that acreage, 3827
acres were determined to need treatment to reduce hazardous fuels. In
the treatment area, 1224 acres are still forested and 2603 acres are no
longer forested.

The objectives of this project are to: 1) make the area safe for forest
users; 2) minimize the intensity of fires which may escape from private
land or those which are commonly set on National Forest lands; and 3)
make National Forest lands, as well as private land, more defensible in
a wildfire situation.

The MTNF is proposing several treatments in order to reduce hazardous
fuels on approximately 759 acres on the Potosi/Fredericktown Ranger
District and 3827 acres on the Poplar Bluff Ranger District, of National
Forest land only (no private land will be treated). In general, the
project will involve the construction of control lines and fuel
modification within 200 feet of both sides of the control line to create
fuel breaks, removal of large fuels within the forest, and modification
of National Forest lands within 3 mile of valuable structures (i.e.
houses and churches).

The first part of the project includes the construction of approximately
40 miles (8 on Potosi/Fredericktown Ranger District, 32 miles on Poplar
Bluff Ranger District) of control lines and an adjacent fuel
modification zone to create fuel breaks. The lines will be constructed
with a dozer to clear the area of downed, root sprung, and leaning trees
for a width of eight to ten feet. Fuels on National Forest adjacent to
the dozer lines will be modified within a total of 100 feet on either
side of the dozer line. Slash within the first 25 feet adjacent to these
lines will be removed. Within the next 75 feet fuels will be reduced to
24 inches of the ground. Existing roads or power lines may be used as
control lines also. Fuels adjacent to existing control lines will be
treated the same as newly constructed control lines. In the 100 foot
zone, the only standing trees that will be removed are those leaning 45
degrees or greater (toward the ground), root sprung trees that have a
high probability of dying in the near future, or those trees posing a
safety hazard or blocking access. The dozer will be able to move around
most live standing trees.

The next phase of the project involves the removal of large diameter
fuels (downed trees five inches in diameter and greater). Tree removal
will be limited to fallen trees or those trees so severely leaning and
root sprung that they will contribute to the hazardous fuels
accumulation or will constrain firefighting operations. Trees leaning 45
degrees or more (toward the ground) may be removed. Live trees and those
trees leaning less than 45 degrees (toward the sun) will be retained
except where necessary to ensure safety of forest users or to access
other areas where fuel treatment is needed. Timber sale contracts will
be utilized to remove large trees. Conventional logging equipment, such
as skidders, chain saws, loaders, and trucks will be used. Log landings
will also be created. Existing roads will be used where possible to
remove hazardous fuels. No road construction is necessary to access
areas of heavy fuels on the Potosi/Fredericktown Ranger District.
Approximately 0.8 miles of temporary road will be constructed to access
heavy fuels on the Poplar Bluff Ranger District. Existing system and
woods roads will be used for access. Trees that are not merchantable
through timber sales will be treated using service contracts as needed
to achieve the objectives.

The forest will be modified to create fuel breaks near valuable
structures, such as homes and churches. Fuel modification will occur *on
National Forest land* where private homes are within 3 mile (1320 feet)
of slash and other heavy, hazardous fuels created during the tornado.
Within 250 feet of the structures, slash will be removed. A variety of
mechanical means discussed above may be used to accomplish this. Within
the next 400 feet, slash will be reduced so that it lies within 24
inches of the ground. Within the next 670 feet, slash will be rearranged
to break up concentrated pockets and reduced to lie within 48 inches of
the ground. With this scenario, the type of treatment will depend on the
proximity of National Forest land to private structures or vice versa.

Down trees within riparian corridors of intermittent streams may be
removed if they create a fuel bridge across the creek. This will only be
completed after field verification and approval by the Forest
Hydrologist. No heavy equipment will be used within stream channels.
Trees that are blocking the flow of water will be cut at the stump,
picked up clear of the stream bank, and removed while suspended in
mid-air. The ends of the bole may gouge the bank or forest floor if the
bole swings while being moved, causing a small amount of soil
disturbance, but no direct skidding of trees located within the stream
channel will occur.

Any newly constructed intermittent creek crossings will be graveled if
hazard fuels removal occurs during a wet period. Old woods roads will be
used as skid trails as much as possible, and many creek crossings
already exist in these areas.

The MTNF has also agreed to incorporate and implement the reasonable and
prudent measures (RPM) and terms and conditions (TC) of the 1999
Programmatic BO.

## Effects Determinations

Based on the project description and location, the Service concurs with
your determination that the 2002 Tornado B Hazardous Fuel Reduction
Project on the Potosi/Fredericktown and Poplar Bluff Ranger Districts
would have [no effect]{.underline} on the bald eagle, Hine=s emerald
dragonfly, pink mucket pearly mussel, Curtis pearly mussel, and running
buffalo clover. Furthermore, the Service concurs that the project will
not impact the Hall=s bulrush (a potential candidate species).

## Biological Opinion B Indiana Bat

The following biological opinion is based on likely adverse effects to
the Indiana bat from activities associated with the 2002 Tornado B
Hazardous Fuel Reduction Project. In conducting our evaluation of the
potential impacts of the project on Indiana bat, our review focused on
determining whether: (1) this proposed project falls within the scope of
the Programmatic BO issued for MTNF=s LRMP; (2) the effects of this
proposed action are consistent with those anticipated in the Tier 1
Programmatic BO; and (3) the appropriate implementing terms and
conditions associated with the reasonable and prudent measures
identified in the Tier 1 biological opinion are adhered to. This Tier 2
Biological Opinion also identifies the incidental take anticipated with
the 2002 Tornado BHazardous Fuel Reduction Project and the cumulative
total of incidental take for the MTNF for the 2002-2003 planning
seasons. It conforms with the Service=s Programmatic BO (page 88)
pertaining to individual projects the Service reviews following the
issuance of the Programmatic BO.

[Status of the Species]{.underline}

Species description, life history, population dynamics, status and
distribution for the Indiana bat are fully described on pages 40-62 of
the Programmatic BO and are hereby incorporated by reference. Since
issuance of the Service=s Programmatic BO, a biennial survey was
conducted on Indiana bat Priority 1 hibernacula. Approximately 102,870
Indiana bats were counted during surveys conducted in 2000 and 2001.
This compares to the 115,885 Indiana bats that were estimated in 1999 at
the same locations (Richard Clawson, Missouri Department of
Conservation, [in]{.underline} [litt]{.underline}. 2001- as presented at
the Indiana Bat Symposium held in Lexington, Kentucky, March 29-31,
2001). Mist net surveys were conducted for bats on the Mark Twain
National Forest between 1997 and 2001. These surveys resulted in the
capture of 501 individual bats of 9 species during 594 hours of mist
netting, but no Indiana bats were captured. Surveys for the Indiana bat
have occurred on the Poplar Bluff Ranger District at the Wappapello
Weekend Training Site during the summer of 2000. This site is
approximately 4.5 miles north of the eastern end of the tornado path.
Mist netting and Anabat surveys were conducted on the Doniphan/ Eleven
Point District (about 30 miles from the western edge of the Poplar Bluff
tornado site). No Indiana bats were captured during those efforts.

There is one Indiana bat hibernacula on the Potosi Ranger District. It
is located approximately 40 miles from the project area. The closest
known hibernaculum to the Potosi/Fredericktown tornado is located
approximately 18 miles from the project area and the nearest capture
site of a reproductively active female is approximately 18 miles from
the project area. The nearest maternity colony is approximately 40 miles
from the Potosi/Fredericktown Ranger District.

There are no hibernacula on the Poplar Bluff Ranger District. The
nearest hibernacula are approximately 27 air miles (one southwest and
one northwest) from the Poplar Bluff tornado site. The nearest capture
site of a reproductively active female is approximately 48 air miles
from the project area. The nearest documented Indiana bat maternity
colony is over 100 miles away from the project area.

Because surveys that utilize a combination of bat detection devices
(e.g., Anabat) and mist nets were not conducted within the project area
prior to the tornado event and suitable roosting habitat existed within
the compartments scheduled for fuel reduction activities, the exact
status of Indiana bat within the 2002 Tornado B Hazardous Fuel Reduction
project area prior to the tornado is unknown. However, due to the
distances stated above and that Indiana bats have never been recorded
from the four counties encompassing the project area (MOFWIS), it is
highly unlikely that the area impacted by the tornado contained a
maternity colony or reproductively active female(s).

The majority of any suitable foraging and roosting habitat within the
project area was impacted *during* the tornado. The MTNF has determined
that *prior* to the tornado, approximately 1058 acres within the
Potosi/Fredericktown tornado project area and 2448 acres within the
Poplar Bluff project area were suitable habitat for the Indiana bat. All
of those acres were severely affected by the tornado. Most of the
suitable roost trees in the tornado path were blown down during the
event. However, some suitable roost trees remain standing, particularly
in the light to moderately affected areas along the edges of the tornado
path.

[Environmental Baseline]{.underline}

The environmental baseline for the MTNF was established and fully
described in detail on pages 7-16 of the Service=s June 23, 1999
Programmatic BO. Since issuance of the Service=s Programmatic BO, the
environmental baseline on the MTNF has changed. The percentage of trees
in the 50 years or older class has increased from 72% to 73% (956,841
acres to 970,131 acres) that includes a 4% increase of trees 90 years
old or older-old growth (159,474 acres to 212,631 acres). Additionally,
there has been a decrease of 11% to 9% in the 0-9 years old age class
(146,184 acres to 119,605). The relative percentages of the other two
age classes (20-49 years old and 10-19 years old) was unchanged. Other
changes relate to the decrease in timber harvest on the forest between
1996 and 2000. The average timber harvest on the MTNF has decreased from
an average annual harvest of 18,215 acres between 1986 and 1997 to
11,567 acres between 1997 and 2000. Between 1985 and 2000, the average
annual harvest volume on the MTNF was 55.3 million board feet of
commercial timber, which decreased to an annual harvest volume of 32
million board feet between 1998 and 2000.

Timber management practices utilized on the MNTF have also changed. Of
the 11,567 acres harvested annually on the MTNF between 1996 and 2000,
an average of 5,487 acres (47%) involved thinning, salvage, and
miscellaneous operations (e.g., firewood permits); 3,389 acres (29%)
included uneven-aged management (i.e., group selection, single tree
selection, and single tree selection with groups harvest technique); and
2,691 acres (23%) were associated with even-aged regeneration harvest
techniques (i.e., shelterwood, clearcut, and seedtree harvest methods).
Although approximately 9,300 acres of reforestation via natural
regeneration has occurred per year since 1986, the average of such
activities decreased to about 7,000 acres (\~25%) between 1998 and 2000.
Between 1986 and 1997, timber stand improvements (TSI) averaged about

3,850 acres per year. Since 1998, TSI activities averaged 1,938 acres
per year, a reduction of approximately 50%. Activities to benefit
wildlife (e.g., prescribed fires, tree planting in riparian corridors,
construction of ponds or waterholes, brushhogging, planting of food
plots, conversion of cool season grasses to native warm-season grasses,
etc.) decreased from an annual average of 9,000 acres between 1986 and
1997 to an annual average of approximately 6,000 acres (a reduction of
approximately 33%) between 1998 and 2000 (Jody Eberly, U.S. Forest
Service [in]{.underline} [litt]{.underline}. August 13 and 22, 2001).

Missouri has experienced severe weather in the spring of 2002. Several
tornados in 2002 have damaged timber stands on both private and public
lands in Missouri. Flooding has occurred in many drainages, uprooting
trees and causing other structural damage. Some land owners are removing
the downed timber in many areas and many are burning the wood that is
unsuitable for other products (e.g. sawlogs, firewood, etc.). However,
not all land owners (both public and private), can remove all or most of
the downed timber. Once the wood dries out, an unnaturally high fuel
loading in Missouri forests will have been created, and the risk of
catastrophic fire will increase.

Another situation is causing concern for the health of forests in
Missouri and Arkansas. Thousands of acres are being affected by oak
decline. Many large northern red, southern red, black, and scarlet oaks
are declining and dying. The reason for this problem is complex and is
not linked to any one cause but trees that are old (70 to 90 years), are
on shallow, rocky soils, ridgetops and upper slopes, and that have been
stressed from drought, are predisposed to decline. There are other
factors that contribute to this oak decline: red oak borers, twolined
chestnut borers, armillaria root rot, and others (from brochure AWhy are
the oak trees dying??@ produced by the USDA Forest Service 2001). The
oak decline problem will create habitat for the Indiana bat, but could
also pose a risk from catastrophic wildfire.

[Effects of the Action]{.underline}

Based on our analysis of information provided in your August 2, 2002 BE
for the 2002 Tornado Hazardous Fuel Reduction Project, we have
determined that the potential effects of the proposed action are
consistent with those addressed in the Programmatic Biological Opinion
and are hereby incorporated by reference. There are no known caves
(hibernacula) or maternity colonies in the two project areas. The
available data from the past 30 years in southeast Missouri and northern
Arkansas have not discovered any Indiana bat maternity colonies or roost
trees in these areas. All Indiana bat maternity colonies in Missouri
have been found north of the Missouri River or within the floodplain of
the Mississippi River. In addition to this information, project
implementation will not occur during the maternity season. Migration
towards the hibernacula generally begins in August. Swarming and mating
at the hibernacula occurs in August and September. Hibernation generally
takes place from October through April.

Since there are no hibernacula in the project area, and considering the
information above regarding maternity colonies and the habits of the
Indiana bat, the only potential impact is on migrating Indiana bats.
Adverse effects to the Indiana bat from this project could occur from
the removal of potential roost trees (leaning or standing trees). The
removal of downed trees will not affect the Indiana bat. In addition to
causing timber and other structural damage, the tornado created suitable
habitat for the Indiana bat. Several snags were created and will not be
removed unless they pose a hazard to humans or block access to downed
trees.

Harm to Indiana bats could also occur if the removal of suitable roost
trees causes bats to abandon a traditionally used roost site. The
likelihood of cutting a tree containing an individual roosting Indiana
bat, however, is anticipated to be extremely low because of the rarity
of the species on these districts and the large number of suitable roost
trees present on the MTNF. A more complete discussion of these effects
can be found in section D- Effects of the action (direct and indirect
effects), on pages 62-65 of the Service=s June 23, 1999 Programmatic BO.

Implementation of the terms and conditions associated with the
reasonable and prudent measures (RPMs) provided on pages 75-81 in the
Programmatic Biological Opinion will minimize any potential adverse
effects to the Indiana bat by maintaining suitable Indiana bat roosting
and foraging habitat.

[Conclusion]{.underline}

The actions and effects associated with the proposed 2002 Tornado
BHazardous Fuel Reduction Project are consistent with those identified
and discussed in the Service=s Programmatic BO. After reviewing the size
and scope of the project, the environmental baseline, the status of
Indiana bat and its potential occurrence within the project area, the
effects of the action; and any cumulative effects, it is the Service=s
biological opinion that this action is not likely to jeopardize the
continued existence of the Indiana bat.

[Incidental Take Statement]{.underline}

The Service anticipates that the proposed actions associated with the
2002 Tornado B Hazardous Fuel Reduction project will result in the
incidental take of Indiana bat habitat (acres) as outlined in Table 1.
The type and amount of anticipated incidental take is consistent with
that described in the Programmatic BO and does not cause the total
annual level of incidental take (forested acres) in the Programmatic BO
(page 74) to be exceeded (Table 1).

The Forest Service must implement all pertinent reasonable and prudent
measures and implementing terms and conditions stipulated in the
Programmatic BO to minimize the impact of the anticipated incidental
take of Indiana bats, and to be exempt from the take prohibitions of
Section 9 of the Act. We have determined that no new reasonable and
prudent measures, beyond those specified in the Programmatic BO, are
needed to minimize the impact of incidental take anticipated for the
2002 Tornado B Hazardous Fuel Reduction project. Implementing the
measures outlined in your conservation program for federally listed
species on the MTNF (approved March 2000) will further reduce potential
adverse effects on the Indiana bat.

This fulfills your consultation requirements for this action. Should the
proposed project be modified or if the level of take identified above is
exceeded, reinitiation of consultation as outlined in 50 CFR 402.16, is
required.

We appreciate your continued efforts to ensure that this project is
consistent with all provisions outlined in the Programmatic BO. If you
have any questions regarding our response or if you need additional
information, please contact Theresa Davidson at (417) 683-4428 ext. 113.

Sincerely,

> Charles M. Scott
>
> Field Supervisor

cc: Regional Director, USFWS, Fort Snelling, MN (ES) Attn: Jennifer
Szymanski

**Table 1. Incidental take of Indiana bats for the 2002 Tornado B
Hazardous Fuel Reduction Project (forested acres affected annually) and
its contribution to the cumulative totals for the Mark Twain National
Forest as outlined on page 74 of the Service=s Programmatic Biological
Opinion of June 23, 1999.**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

+---------------------+----------+-----------+------------------------+
| # Action            | FY 2002  | FY 2003   | Acres Exempted         |
|                     |          |           | Annually               |
+---------------------+----------+-----------+------------------------+
| **Timber harvest**  | 623      | 612       | 20000                  |
+---------------------+----------+-----------+------------------------+
| **Cumulative**      | 14015    | 13824     |                        |
+---------------------+----------+-----------+------------------------+
| **Road              | 1        | 0         | 25                     |
| Construction**      |          |           |                        |
+---------------------+----------+-----------+------------------------+
| **Cumulative**      | 11       | 0         |                        |
+---------------------+----------+-----------+------------------------+