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

June 23, 2006

Devela J. Clark

Athens District Ranger

Wayne National Forest

13700 US HWY 33

Nelsonville, OH 45764

Dear Mr. Clark:

This letter is in response to your May 25 and June 23, 2006, requests
for site-specific review, pursuant to section 7 of the Endangered
Species Act of 1973, as amended, regarding the Whitacre Pipeline in
Monroe Counties (39º 43' 03"N and 81º 12' 26"W) on the Marietta Unit of
the Athens Ranger District of the Wayne National Forest (WNF). The
proposed project will involve the burial of 3,500 feet of gas pipeline
with a clearing width of 17 feet. After pipeline installation, the
corridor will be maintained at 10-12 feet in width through periodic
mowing. A total of 1.4 acres of forested habitat will be removed for the
proposed project, some of which was completed this past winter, prior to
consultation. Approximately 0.8 acres of forested habitat is being
reviewed for removal at this time. This review represents a Tier 2
consultation, as explained below.

On November 22, 2005, the U.S. Fish and Wildlife Service (Service)
issued a programmatic biological opinion (PBO) for the Wayne National
Forest's Revised 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, 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 Assessment 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 the bald eagle, American burying
beetle, northern monkshood, small whorled pogonia, Virginia spiraea,
fanshell mussel, and the pink mucket pearly mussel. We also concurred
with your determination of likely to adversely affect for the Indiana
bat and running buffalo clover.

Your current request for Service review of the Whitacre Pipeline Project
is a Tier 2 consultation under the November 22, 2005, PBO. We have
reviewed the information contained in the Biological Evaluations (BE),
submitted by your office on May 25, 2006 and June 23, 2006, describing
the effects of the proposed project on federally listed species. You
have indicated that the proposed action will have no effect on the
fanshell mussel, pink mucket pearly mussel, bald eagle, running buffalo
clover, small whorled pogonia, Virginia spiraea, and northern monkshood
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 American burying beetle. Although
suitable habitat is present on site for the American burying beetle the
likelihood of this species occurring on-site is very unlikely due to the
long distance from the current known locations of the species.

We 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 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
standards and guidelines identified in the Forest Plan are adhered to.

That is, this letter serves as the Tier 2 biological opinion for the
proposed Whitacre Pipeline. 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 4-6 of your Wildlife BE includes the location and a thorough
description of the proposed action. The action as proposed involves the
burial of 3,500 feet of gas pipeline with a clearing width of 17 feet.
After pipeline installation, the corridor will be maintained at 10-12
feet in width through periodic mowing. The action being proposed under
this consultation will remove 0.8 acres of forested habitat. Snags that
exhibit roosting habitat will be avoided when possible. It is estimated
that up to four potential roost trees may need to be removed outside the
timeframe of September 15 -- April 15. Emergence surveys will be
conducted prior to these trees being removed. If no bats are detected
during an emergence survey the potential roosts trees will be taken down
the next day.

[Status of the Species]{.underline}

Species descriptions, life histories, population dynamics, status and
distributions are fully described on pages 23-30 for the Indiana bat in
the PBO and are hereby incorporated by reference. Although suitable
habitat is present within the action area, no records for the Indiana
bat occur in Monroe County or the neighboring counties. Mist-net surveys
in 2004 on the Marietta Unit occurred within the proposed project action
area. These surveys did not detect the Indiana bat.

[Environmental Baseline]{.underline}

The environmental baseline for the species listed above was fully
described on pages 34-42 of the PBO and is hereby incorporated by
reference.

[Effects of the Action]{.underline}

Based on our analysis of the information provided in your BE for the
Whitacre Pipeline Project, we have determined that the effects of the
proposed action are consistent with those contemplated and fully
described on pages 47-66 of the PBO.

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 utility development. Although impacts may not be
avoided, implementation of the Forest Plan standards and guidelines
provided on pages 88-94 in the PBO will minimize adverse effects. The
WNF will adhere to standards and guidelines that protect suitable
roosting, foraging, and hibernation habitat for the Indiana bat now and
into the future. For this project, the following will be applied:
GFW-TES-9 and SFW-TES-10.

[Conclusion]{.underline}

We believe the proposed Whitacre Pipeline 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 activities associated with utility development (0.8
acres). This project added to the cumulative total of incidental take
for the implementation of the WNF's Revised Forest Plan is well within
the level of incidental take anticipated in the PBO through 2015.

  -------------------- ---------------- ------------- ---------------------
  **Activity**         **IT anticipated **IT for this **Cumulative IT
                       in PBO**         project**     granted to date**

  Permanent Road       392 acres        0             0
  Construction                                        

  Temporary Road       146 acres        0             5.9
  Construction                                        

  Skid Trails & Log    740 acres        0             38.3
  Landings                                            

  Utility Development  50 acres         0.8           0.8

  Fire Lines           74 miles         0             9.5
  -------------------- ---------------- ------------- ---------------------

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.

We understand that the Forest Service is implementing all pertinent
Indiana bat standards and guidelines, specifically, GFW-TES-9 and
SFW-TES-10 stipulated in the Forest Plan and on pages 88-94 of the PBO.
In addition the Forest Service is monitoring the extent of incidental
take that occurs on a project-by-project basis. 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 Revised Wayne National Forest Land
and Resource Management Plan 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 Revised Wayne National
Forest Land and Resource Management Plan 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 Forest Plan and 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