United States Department of the
Interior![](media/image1.png){width="1.0097222222222222in"
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Fish and Wildlife Service

Bloomington Field Office (ES)

620 South Walker Street

Bloomington, IN 47403-2121

Phone: (812) 334-4261 Fax: (812) 334-4273

3 June 2002

James E. Denoncour.

Tell City District Ranger

Hoosier National Forest

248 15th Street

Tell City, IN 47586

RE: Special Use Permit to install a 2000-ft. buried powerline to supply
a private inholding

in Perry County, Indiana (Southern Indiana REC, Inc., Whitcomb property)

Dear Mr. Denoncour:

This letter is in response to your 15 February 2002 letter requesting
that the Bloomington Field Office of the U.S. Fish and Wildlife Service
review the Hoosier National Forest\'s (HNF) proposal to permit a 2000-ft
powerline in Perry County, Indiana. The HNF also requested that this
proposal be appended to the Service\'s programmatic Biological Opinion
(BO) to fulfill consultation requirements under section 7 of the
Endangered Species Act, as amended. The U.S. Fish and Wildlife
Service\'s Bloomington Field Office issued a programmatic BO and
Incidental Take Statement (ITS) on 31 July 2001 for the continued
implementation of the Hoosier National Forest\'s Land and Resource
Management Plan (LRMP), as amended. The BO analyzed anticipated effects
from management activities on bald eagles (*Haliaeetus*
*leucocephalus*), Indiana bats (*Myotis* *sodalis*), gray bats (*Myotis*
*grisescens*), and eastern fanshells (*Cyprogenia* *stegaria*).

We understand that the HNF is proposing to issue a Special Use Permit
that would allow Southern Indiana REC, Inc. to install a buried
powerline (and likely a telephone line) across 2000 feet of Forest
Service property on the Tell City Ranger District of the HNF. The
proposed project area is located nine miles east of Tell City, in Perry
County, Indiana. This area is in Township 7 South, Range 2 West, section
23. The property drains directly into the Ohio River, which lies about
one quarter mile east of the project area. The area is dominated by
black jack oak estimated to be 70 years old.

The powerline would be placed in a narrow trench within a 10-ft.
right-of-way (ROW) beneath the forest canopy. The proposed ROW would be
within an abandoned roadbed and no trees greater than 3 inches in
diameter-at-breast height (dbh) are expected to be cut. The proposed
project would result in the loss or alteration of 0.46 acres of Indiana
bat habitat (i.e., saplings and herbaceous plants).

The Service concurs that this proposed project is not likely to
adversely affect bald eagles, gray bats, or eastern fanshells or any
designated critical habitat. Although the proposed project may adversely
affect Indiana bat summer habitat, the anticipated effects and resulting
level of incidental take are consistent with those analyzed within the
programmatic BO and are not likely to jeopardize the continued existence
of the Indiana bat. Anticipated effects from issuing Special Use Permits
for utilities is discussed on page 12 of the BO.

We do not anticipate degradation to Indiana bat roosting habitat and
only a minor alteration to foraging habitat as a result of the proposed
buried powerline installation. Indiana bats accustomed to using the
proposed project area for foraging or roosting should be able to
continue to meet their life requisites within the project area or in
other tracts of surrounding forest.

The amount of anticipated incidental take (in the form of harm through
habitat loss/alteration) from this project is 0.46 acres (rounded to 0.5
acres). This project brings the cumulative total of acres for Special
Use Permits to 0.5 acres out of the 286 acres authorized for this
management activity in the programmatic BO. As required by Term and
Condition No. 5 of the programmatic BO\'s ITS, the Forest Service
attached a spreadsheet showing that 0.5 acres would be altered by this
project, leaving a balance of 285.5 acres for future Special Use Permit
projects. The available balance of acreages authorized for each
management activity is also shown on the spreadsheet. The Service
concurs that the attached spreadsheet is complete and accurately
reflects anticipated impacts of the proposed project without exceeding
authorized levels of incidental take.

To be in compliance with the ITS of the programmatic BO and to obtain
exemption from the section 9 prohibitions of the ESA, the Forest Service
must adhere to the Reasonable and Prudent Measures (RPMs) and Terms and
Conditions (T&Cs) identified in the 31 July 2001 programmatic BO.
Furthermore, we believe the following RPMs and T&Cs are necessary and
appropriate to minimize impacts of incidental take of Indiana bats
associated with this specific project:

[Additional Project-Specific Reasonable and Prudent Measures and Terms
and Conditions]{.underline}

No trees or snags \>5 inches dbh will be cut within the proposed ROW
between 15 April and 15 September without further consultation with the
Bloomington Field Office.

To ensure that the impacts of take associated with this project are
appropriately minimized and that the exemption of incidental take is
appropriately documented, the Forest Service and Fish and Wildlife
Service are using an 'appended\' programmatic consultation approach.
After assessing the anticipated effects of this proposed project, we
concur that they are within the scope of the programmatic BO, and we
agree to append the Forest Service\'s 2 May 2002 letter, spreadsheet,
and map along with this response letter to the programmatic BO and label
them as \"Appendix 3.\"

This precludes the need for further consultation on this individual
project as required under section 7 of the Endangered Species Act of
1973, as amended. If, however, new information on endangered species
within the proposed project area becomes available or if significant
changes are made to the proposed project, then please contact Andy King
at (812) 334-4261 ext. 216 for further consultation.

Sincerely,

Scott E. Pruitt

Field Supervisor

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