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

14 July 2004

Dan Kincaid

District Ranger

Wayne National Forest

13700 US Hwy 33

Nelsonville, OH 45764

Dear Mr. Kincaid:

This letter is in response to your June 24, 2004, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, regarding Carlton Oil Corporation's request to
develop reserve minerals on three sites in Washington and Monroe
Counties on the Marietta Unit of the Athens Ranger District of the Wayne
National Forest (WNF). Well pad construction would require the clearance
of a tract approximately 200 ft by 250 ft to house each well apparatus
(which includes the drilling rig and well). Existing roads will be
accessed and enlarged if needed and about 1200 feet of new road will be
constructed to access well sites. The project will impact 4.0 wooded
acres. 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 Lisk 1 & 2 and Cheney 2
Oil/Gas 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 June 24, 2004, describing
the effects of the proposed project on the above federally listed
species. We concur that the proposed action will have no effect on the
bald eagle (*Haliaeetus leucocephalus*), fanshell mussel (*Cyprogenia
stegaria*), and pink mucket pearly mussel (*Lampsilis abrupta*),
American burying beetle (*Nicrophorus americanus*), and northern
monkshood (*Aconitum noveboracense*), and thus, no further consultation
is required for those species. We concur with your determination that
the action is not likely to adversely affect running buffalo clover
(*Trifolium* *stoloniferum*) and small whorled pogonia (*Isotria
medeoloides*). Although project-wide plant surveys on April 20-21, 2004
did not detect federally listed plants, suitable habitat for small
whorled pogonia and running buffalo clover is available on site. To
maintain suitable habitat for the above listed plant species into the
future, we support and recommend adhering to mitigation measures
outlined in your BE, including washing out machinery prior to entering
the WNF to reduce invasive plant spread.

We also 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 Lisk 1 & 2 and Cheney 2 Oil/Gas 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 2-5 of your BE include the location and a thorough description of
the proposed action. The action as proposed involves building 1,200 feet
of new road for access to the Lisk #1 oil/gas well site, clearing a
tract of land for all three well pads, constructing the well apparatus,
laying pipeline to run from the sites to private property, and using
(and widening if necessary) exiting WNF roads and trails to access
oil/gas well sites. The road construction and well pad construction
activities will result in habitat alteration of 4.0 acres of the WNF.

[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. Since issuance of the
Service's PBO, a February 2003 survey of the abandoned limestone mine in
Lawrence County recorded 208 Indiana bats using the mine. This is an
increase from the last survey in 2001 of 150 Indiana bats. Rangewide
status estimate of the Indiana bat based on hibernacula censuses in 2003
is 387,301 individuals. This is up slightly from 2001.

[Environmental Baseline]{.underline}

Since the issuance of the PBO in 2001, the environmental baseline has
only changed minimally. On the Marietta Unit approximately 14 acres have
been applied towards your incidental take.

The entire Wayne NF is considered potential habitat for the Indiana bat
and suitable habitat exists within and surrounding the project area.
Although Indiana bats have not been surveyed or captured within Lisk 1 &
2 and Cheney 2 project area, there are suitable roost trees on site.
Your BE identified eighteen potential roost trees along the proposed
access routes to the three well sites.

In February 2003, a major ice storm damaged over 47,000 acres of the
Wayne NF 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.

[Effects of the Action]{.underline}

Based on our analysis of the information provided in your BE for the
Lisk 1 & 2 and Cheney 2 Oil/Gas 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. Eighteen potential roost trees
were identified along the proposed access routes to the three well
sites. 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 direct
impacts may occur, the size of the impact is small (4 acres) in
comparison to the remaining available suitable roosting and foraging
habitat on site. 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 potential adverse
effects.

[Conclusion]{.underline}

We believe the proposed Lisk 1 & 2 and Cheney 2 Oil/Gas 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 4.0 acres of potential Indiana bat habitat through
activities associated with mineral development. This anticipated level
brings the cumulative total of incidental take for the implementation of
the WNF's Forest Plan to 7.8 acres for special use mineral development.
This level is well within the 2,125 acres of incidental take anticipated
and exempted for mineral development through September 2006. 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 stipulated on
pages 36-40 of the PBO. As explained in 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