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

June 15, 2005

Gary Willison

Watershed Group Leader

Wayne National Forest

13700 US Hwy 33

Nelsonville, OH 45764

Dear Mr. Willison:

This letter is in response to your June 2, 2005, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, regarding the Monkey Hollow Restoration Project
in Green and Ward Townships, Hocking County on the Athens Ranger
District of the Wayne National Forest (WNF). The Forest Service is
proposing to fill 23 subsidences and clear and reshape drainage areas to
create positive surface drainage in the Monkey Hollow subwatershed of
Monday Creek. The project consists of nine separate treatment sites. The
overall project will impact approximately 12.5 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 Monkey Hollow Restoration
Project is a Tier 2 consultation under the September 20, 2001, PBO. We
have reviewed the information contained in the Biological Evaluations
(BEs), submitted by your office on May 31, 2005, describing the effects
of the proposed project on the above federally listed species.
Additional information on the project description was provided to us by
Katrina Schultes via email on June 10, 2005. We agree that the proposed
action will have no effect on the bald eagle (*Haliaeetus
leucocephalus*), fanshell mussel (*Cyprogenia stegaria*), pink mucket
pearly mussel (*Lampsilis abrupta*), American burying beetle
(*Nicrophorus americanus*), running buffalo clover (*Trifolium
stoloniferum*), small whorled pogonia (*Isotria medeoloides*) and
northern monkshood (*Aconitum noveboracense*), and thus, consultation is
not required for these species for this project. We concur that the
proposed action is not likely to adversely affect running buffalo clover
(*Trifolium stoloniferum*) and small whorled pogonia (*Isotria
medeoloides*). Although suitable habitat is available, surveys did not
detect federally listed plant species in the action area.

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 Monkey Hollow Restoration 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 4-11 of your Wildlife BE and the June 10, 2005 email include the
location and a thorough description of the proposed action. The action
as proposed involves the filling of 23 subsidences and clearing and
reshaping of drainage areas to create positive surface drainage in the
selected treatment areas in the Monkey Hollow subwatershed. Primary
activities that will occur in this project include: creating access
roads for equipment, filling subsidences, moving soil to unblock natural
drainages, installing matting or rock to line the channels, grading
areas to create positive drainage and dispose of excess soil from
blocked drains, constructing vehicle barriers, building trail/stream
crossings, and upgrading dams and spillways on ponds. These activities
will include removing some trees and saplings. Trees with Indiana bat
roosting characteristics occur on the sites and will be avoided unless
they are deemed an imminent threat to human safety by the Forest Service
Contracting Officer Representative. Furthermore, potential maternity
roost trees will be avoided throughout the project. The restoration
project will remove up to 12.5 acres of forest cover. This removal will
be temporary since trees will be allowed to regrow in all disturbed
areas.

[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, 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 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 in the
WNF has only changed minimally until recently. On the WNF, 7,719.26
acres have been applied towards your incidental take, of which only
647.43 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. The environmental baseline in the
Athens District of the WNF has recently changed due to the April 15,
2005 issuance of a non-jeopardy biological opinion to the Federal
Highway Administration for the U.S. 33 Nelsonville bypass project in
Athens and Hocking counties.

The bypass project includes the permanent removal of 637 acres of
occupied and suitable Indiana bat habitat, of which, approximately 250
acres occur on WNF property but outside the action area for the Monkey
Hollow Restoration Project. Within the action area for the Monkey Hollow
Restoration Project, the bypass project will cause a temporary increase
in the ambient noise due to the nearby timbering and construction noise.
Construction activities for the bypass project have not been initiated
but may commence as early as the summer of 2005. In general, noise
generating activities will occur during the day when bats are roosting.
It is unlikely that construction noise levels from the Nelsonville
bypass project will trigger a response from bats roosting in the Monkey
Hollow action area due to the distance of the road project from Monkey
Hollow. Furthermore, timbering operation for the bypass will occur
during the fall and winter. During much of this time, bats in the area
would be hibernating.

The entire Wayne NF is considered potential habitat for the Indiana bat.
Recent surveys have documented that Indiana bats and suitable summer,
maternity, and fall habitat exists within and surrounding the project
area. All the individual project sites are within 2 miles of an Indiana
bat capture from the 1999 and/or 2000 summer surveys performed on the
WNF and all sites are within 5 miles of the 1997 summer mist net site
near Haydenville where 4 lactating Indiana bats were captured. Also, all
project sites are within 1.8 miles of one of 12 roost trees used by
Indiana bats in 1999 and 2000 in and around the Monkey Hollow
subwatershed.

In September 2004, fall swarming surveys conducted at several abandoned
coal mine openings in and around the Monkey Hollow area captured a
female Indiana bat approximately 0.4 miles north of Site 23 in Project
Area A. In September 2002, one male Indiana bat was captured in Snake
Hollow 0.6 miles east of Site D/22 in Project Area A. One female Indiana
bat was also captured at an abandoned mine opening less than 3 miles
south of all project areas.

[Effects of the Action]{.underline}

Based on our analysis of the information provided in your BE for the
Monkey Hollow Restoration 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. Although potential roost trees
were identified along the project footprint and will be avoided unless
they pose an imminent threat to human safety, impacts to the Indiana bat
may result in direct mortality or injury to individuals or small groups
of roosting bats during the felling of other trees that may harbor
undetected roosts. In addition, access and restoration activities will
result in temporary loss of roosting and swarming habitat for the
Indiana bat. Although direct 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. Filling subsidences deemed
unsuitable for bat usage and reshaping drainage areas to create positive
surface drainage may have an indirect beneficial effect by improving
water quality downstream of the site. Reduced acid mine drainage could
lead to increased aquatic insect production and improved foraging for
the Indiana bat.

[Conclusion]{.underline}

We believe the proposed Monkey Hollow Restoration 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 12.5 acres of Indiana bat habitat through activities
associated with the closure of mine portals. This anticipated level
brings the cumulative total of incidental take for the implementation of
the WNF's Forest Plan to 50.45 acres for closure of mine portals. This
level is well within the 250 acres of incidental take anticipated in the
PBO for the closure of mine portal projects 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. These measures in addition to avoiding all
identified potential roost trees 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 Angela Zimmerman at extension 22.

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