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

March 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 March 3, 2006, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, regarding the Gore-Greendale Diverse Forest
Project in Hocking and Perry Counties (39º 33' 53"N and 82º 16' 79"W) on
the Athens Ranger District of the Wayne National Forest (WNF). The
Forest Service proposed project will involve thinning 1,081 acres of
forest, mid-story treatment of 350 acres of forest with herbicide,
converting 82 acres of planted white pine plantations to native
hardwoods, and prescribe burning 656 acres. Associated actions include
temporary road construction, log landings, skid roads, and fire lines.
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 Gore-Greendale Diverse
Forest Project is a Tier 2 consultation under the November 22, 2005,
PBO. We have reviewed the information contained in the Biological
Evaluations (BEs), submitted by your office on March 3, 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, and Virginia
spiraea, 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, running buffalo
clover, small whorled pogonia, and northern monkshood. Although suitable
habitat is present on site for the American burying beetle, running
buffalo clover, small whorled pogonia, and northern monkshood, surveys
did not detect these species and the likelihood of them occurring
on-site is very unlikely. Effects to these species would be
discountable.

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 Gore-Greendale Diverse Forest 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 4-14 of your Wildlife BE and pages 4-17 of your Botanical BE
include the location and a thorough description of the proposed action.
The action as proposed involves hardwood timber harvest (thinning and
group selection) on 898 acres, midstory treatment (removal of beech and
maple saplings) on 350 acres, non-native pine thinning and clear-cutting
(for hardwood conversion) on 291 acres, crop tree selection on 264
acres, and prescribed fire on 696 acres. To conduct these activities,
5.9 acres of new temporary roads will be constructed, approximately 11.3
acres of log landings will be created, creation of 27 acres of skid
roads, and construction of 9.5 miles of fire line. Other related project
activities include non-native invasive species control (mechanical,
chemical, and grazing methods), closure of illegal ORV trails, rehab of
some landings for parking lots, creation of rattlesnake habitat,
grapevine control, trash clean-up, wildlife habitat improvements,
improvement of existing culverts, removal of unused pipelines,
interpretive signage, development of waterholes for wildlife, and
planting chestnut trees. Trees to be harvested include suppressed or
intermediate trees, short-lived species, trees with poor form, trees
with poor crown condition, and undesirable mid-story species (i.e. red
maple). Trees to be left uncut include those identified as potential
Indiana bat roost trees, hickories, and long-lived species such as white
oak.

[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. From 1997-2000
twenty-one net nights of surveying were conducted in the project area
capturing a total of 46 bats of 6 species. In 1997 one adult male
Indiana bat was caught in mistnets set over a water-filled road rut. No
radio telemetry was conducted at the time, so no diurnal roost trees
were identified. The capture site occurs within a hardwood stand
proposed for thinning. Fall swarming activities have been recorded at
one mine opening within the project area, however no Indiana bats were
captured when surveyed in 2005.

[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
Gore-Greendale Diverse Forest 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 road construction, construction of skid roads and
landings, and during fire line construction. 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:
SFW-TES-2, SFW-TES-4, SFW-TES-7, SFW-TES-8, GFW-TES-9, SFW-TES-10,
SFW-TES-12, SFW-TES-14, and GFW-VEG-16.

[Conclusion]{.underline}

We believe the proposed Gore-Greendale Diverse Forest 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 temporary road
construction (5.9 acres), skid trails and log landings (38.3 acres), and
fire lines (9.5 miles). 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        5.9           5.9
  Construction                                        

  Skid Trails & Log    740 acres        38.3          38.3
  Landings                                            

  Utility Development  50 acres         0             0

  Fire Lines           74 miles         9.5           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, SFW-TES-2,
SFW-TES-4, SFW-TES-7, SFW-TES-8, GFW-TES-9, SFW-TES-10, SFW-TES-12,
SFW-TES-14, and GFW-VEG-16 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