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

28 February 2005

Dan Kincaid

District Ranger

Wayne National Forest

13700 US Hwy 33

Nelsonville, OH 45764

Dear Mr. Kincaid:

This letter is in response to your January 21, 2005, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, regarding the Coe Road Reconstruction in
Hocking County of the Athens Ranger District of the Wayne National
Forest (WNF). The reconstruction project will include upgrading
approximately 5.45 miles of unpaved roads and relocating about 1000 feet
of roadway. The project will impact 4.3 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 Coe Road Reconstruction
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 January 21, 2005, describing the
effects of the proposed project on the above federally listed species.
We agree 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 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 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 Coe Road Reconstruction 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 3-6 of your Wildlife and Plant BEs include the location and a
thorough description of the proposed action. The action as proposed
involves repairing (4.8 miles) and realigning (0.5 miles) of Coe Road to
meet the AASHTO standards for low volume roads. In general, ditches will
be re-established, culverts will be replaced, surfaces will be
re-graveled, and the road will be re-aligned (moved) where unstable or
unsafe. When complete, the entire length of the road will have a 24-foot
wide driving surface. These activities will include removing 4.3 acres
of trees. The eliminated portion of the road (where the re-alignment
occurs) will be rehabilitated and seeded will native plant species
including trees suitable for the Indiana bat for roosting.

[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 has
only changed minimally. On the WNF 4,686.98 acres have been applied
towards your incidental take, of which only 647.43 acres are for
projects that have been implemented. Most of this anticipated incidental
take is for prescribed fire projects that are planned to be completed
before 2006.

The entire Wayne NF is considered potential habitat for the Indiana bat
and suitable habitat exists within and surrounding the project area.
There is one known mine opening less than 0.2 mile of the proposed new
alignment. This opening has some characteristics of a suitable
hibernacula, but no fall swarming or mist net surveys have been
completed to confirm this. The project location is also within a mile of
a summer capture site for Indiana bats and less than two miles from
several known roost trees. Your BE identified several potential roost
trees along the proposed road upgrade and re-alignment that will be
removed.

[Effects of the Action]{.underline}

Based on our analysis of the information provided in your BE for the Coe
Road Reconstruction 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. Potential roost trees were
identified along the project footprint. 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. Additional impacts may occur if forested areas around
the mine opening are disturbed during the swarming season. The Wayne NF
has recommended that tree removal is avoided between the end of August
to the middle of October. **In addition to the measures proposed by the
WNF and the terms and conditions associated with the reasonable and
prudent measures (RPMs) provided on pages 36-40 in the programmatic
biological opinion, we recommend that cutting of potential roost trees
be conducted when bats are not using the area (October -- April). Since
Indiana bats are known to roost within about a mile of the site, this
measure will help avoid and minimize incidental take. We also recommend
that swarming surveys be conducted at the mine opening, and if necessary
a bat friendly gate be constructed at the opening.**

[Conclusion]{.underline}

We believe the proposed Coe Road Reconstruction 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 4.3 acres of potential Indiana bat habitat through
activities associated with road construction. This anticipated level
brings the cumulative total of incidental take for the implementation of
the WNF's Forest Plan to 7.62 acres for road construction. This level is
well within the 94 acres of incidental take anticipated and exempted for
road construction 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
tree cutting between the end of August to the middle of October and
avoiding all potential roost trees during the summer 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