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

22 March 2004

Gloria Chrismer

Ironton Ranger District

Wayne National Forest

6518 State Route 93

Pedro, OH 45659

Dear Ms. Chrismer:

This letter is in response to your March 8, 2004 request for
site-specific review of Plant and Wildlife Biological Evaluations (BEs),
pursuant to section 7 of the Endangered Species Act of 1973, as amended,
of the potential effects of the Ice Storm Pine Burn Project on the
Ironton Ranger District of the Wayne National Forest (WNF). The WNF
proposes to prescribe burn 5 areas totaling 554 acres to further reduce
high fuel loads already lopped and scattered on the ground in roadside
pine stands. The proposed project will fall under the revised levels of
incidental take described in our letter (dated March 8, 2004) responding
to your March 1, 2004 reinitiation request for prescribed fire and
thinning projects.

On September 20, 2001, the U.S. Fish and Wildlife Service (Service)
issued a programmatic biological opinion for the Wayne National Forest
(Forest) Land and Resource Management Plan (Forest Plan). This
programmatic biological opinion (PBO) established a two-tiered
consultation process for Forest Plan activities, with issuance of the
PBO 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 programmatic biological opinion (Tier 1 biological
opinion), we evaluated the effects of all Forest Service actions
outlined in your March 12, 2001 Biological Assessment on Indiana bat
(*Myotis sodalis*), bald eagle (*Haliaeetus leucocephalus*), American
burying beetle (*Nicrophorus americanus*), northern wild 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 proposed Ice Storm Pine
Burn Project on the Ironton Ranger District of the WNF is a Tier 2
consultation under the September 20, 2001, PBO. We have reviewed the
information contained in the BEs, submitted by your office on March 8,
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*), pink mucket pearly mussel (*Lampsilis
abrupta*), Virginia spiraea (*Spiraea virginiana*), and American burying
beetle (*Nicrophorus americanus*), and thus, no further consultation is
required for those species. We concur that the proposed action is not
likely to adversely affect running buffalo clover (*Trifolium
stoloniferum*), northern monkshood (*Aconitum noveboracense*), and small
whorled pogonia (*Isotria medeoloides*). Although project-wide plant
surveys in 2003 did not detect running buffalo clover and small whorled
pogonia, suitable habitat 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 Plant BE
to reduce the introduction and further spread of invasive plant species.
In particular, the boundaries of the kudzu population should be
delineated thoroughly in the Peckerwood Treatment Area and subsequently
avoided.

We concur with your determination that the action may adversely affect
the Indiana bat (*Myotis sodalis*). As such, the remainder of this
review focuses on determining whether: (1) this proposed site-specific
project falls within the scope of 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 prescribed burning for fuels treatment in roadside pine stands.
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 our March 8, 2004 revision of incidental
take for fire and thinning projects.

[Description of the Proposed Action]{.underline}

Pages 2-5 of your Wildlife BE and pages 3-5 of your Plant BE include the
location and a thorough description of the proposed action. The action
as proposed involves prescribed burning selected roadsides in five areas
on the Ironton Ranger District: Thompson Cemetery and Peckerwood in
Lawrence County; Cadmus and Peniel in Gallia County; Pine Creek in
Scioto and Lawrence Counties. Approximately 200 feet would be burned on
each side of each road for 11.4 miles, for a total of about 554 acres.
The proposed project will occur spring or fall of 2004.

[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. The
hibernacula is approximately 4 miles west of the closest burn site
(Thompson Cemetery). Rangewide status estimates of the Indiana bat based
on hibernacula censuses have not been updated since 2001 (per. com. L.
Pruitt, 2003).

[Environmental Baseline]{.underline}

Since the issuance of the PBO, the environmental baseline has only
changed minimally. Although the Forest has received approval of 3,359
acres of incidental take for prescribed fire under the PBO, none of
these burns have been conducted to date. The Forest anticipates that
those acres approved will be burned within the next 3 years. On March 1,
2004 a request for reinitiation of consultation was received by the
Service. Our March 8, 2004 letter provided a revised level of incidental
take for prescribed fire and thinning projects through 2006.

The Ice Storm Pine Burn Project encompasses 554 acres within the heavily
forested Ironton District. Although Indiana bats have not been surveyed
or captured within the project areas, the entire Wayne NF is considered
potential habitat for the Indiana bat and suitable habitat exists within
and surrounding the project area. The closest Indiana bat capture record
is four miles south of the Thompson Cemetery area.

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 Ice
Storm Pine Burn Project, we have determined that the adverse effects of
the proposed action are consistent with those contemplated in the PBO.

Since all burning will occur during the hibernation period (September
15-April 15), bats should not be directly affected. None of the proposed
project areas are within a quarter mile of a known Indiana bat
hibernacula, as required by the PBO to minimize impacts from smoke.
Direct impacts to the Indiana bat would only occur if burning is not
conducted within the hibernation period. If this is the case, smoke or
fire could directly impact roosting bats, especially nonvolant young. In
addition, snag trees along the fire line may need to be cut if deemed a
hazard (and applied towards the ITS). This may result in direct
mortality or injury to individuals or small groups of roosting bats
during the felling of hazard trees that may harbor undetected roosts.
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 PBO will minimize adverse effects.

[Conclusion]{.underline}

We believe the proposed Ice Storm Pine Burn Project is consistent with
the PBO and March 8, 2004 incidental take revision letter. 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 WNF
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 554 forested acres of potential Indiana bat habitat
through prescribed fire. This anticipated level brings the cumulative
total of incidental take for the implementation of the Wayne NF's Forest
Plan to 3,913 acres for prescribed fire. This level is well within the
9,527 acres of incidental take anticipated and exempted for prescribed
fire through September 2006 in the March 8, 2004 revised incidental take
statement letter. 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 Wayne NF
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 and the
March 8, 2004 letter of revised levels of incidental take).

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, PhD
>
> Supervisor