![](media/image2.png){width="1.0597222222222222in"
height="1.2097222222222221in"}United States Department of the Interior

FISH AND WILDLIFE SERVICE

Columbia Ecological Services Field Office

608 East Cherry Street, Room 200

Columbia, Missouri 65201

Phone: (573) 876-1911 Fax: (573) 876-1914

November 6, 2003

Mr. Jerry Bird, District Ranger

Doniphan-Eleven Point Ranger District

Mark Twain National Forest

1104 Walnut Street

Doniphan, Missouri 63935

Dear Mr. Bird:

This letter is in response to your September 16, 2003, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, on the proposed NE Corner Project on the
Doniphan-Eleven Point Ranger District in Shannon County, Missouri for
the 2004 to 2008 planning period. On June 23, 1999, the U.S. Fish and
Wildlife Service (Service) issued a Programmatic Biological Opinion
(Programmatic BO) for the Mark Twain's National Forest (MTNF) Land
Resource Management Plan (LRMP). This Programmatic BO established a
two-tiered consultation process for LRMP activities, with issuance of
the programmatic opinion being Tier 1 and all subsequent site-specific
project analyses constituting Tier 2 consultations. When it is
determined that a site-specific project is likely to adversely affect
federally listed species, the Service will produce a "tiered" biological
opinion.

In issuance of the Programmatic BO (Tier 1 biological opinion), the
Service evaluated the effects of all U.S. Forest Service's actions
outlined in the LRMP for the MTNF, as well as a number of identified,
proposed site-specific projects that were attached as an appendix to
your biological assessment. The Programmatic BO evaluated the effects of
Forest Service management program activities, including timber
management and prescribe burning, on the bald eagle (*Haliaeetus
leucocephalus*), Curtis' pearly mussel (*Epioblasma florentina
curtisi*), Indiana bat (*Myotis sodalis*), gray bat (*Myotis
grisescens*), Meads milkweed (*Asclepias meadii*), pink mucket pearly
mussel (*Lampsilis abrupta*), running buffalo clover (*Trifolium
stoloniferum*), Topeka shiner (*Notropis topeka).* We concurred with
your determinations of "not likely to adversely affect" for Curtis'
pearly mussel, pink mucket pearly mussel, running buffalo clover, and
Topeka shiner. We also concurred with your determination of "likely to
adversely affect" for bald eagle, gray bat, Indiana bat, and Mead's
milkweed.

Your request for Service review of the proposed activities associated
with the NE Corner Project is a Tier 2 consultation. We have reviewed
the information contained in the NE Corner Project Biological Evaluation
(BE), submitted by your office on September 16, 2003, with

additional information submitted by e-mail on September 26 and October
22, 2003, describing the potential effects of the proposed project on
the above federally listed species.

We concur with your conclusion that there are no additional effects to
federally listed species associated with the NE Corner Project beyond
those that were previously disclosed and discussed in the Service's
Programmatic BO of June 23, 1999. We also concur with your determination
that the only species that may occur within the project area are bald
eagle, Indiana bat, and gray bat.

[Description of the Proposed Action/Preferred Alternative]{.underline}

The MTNF analyzed three alternatives for the NE Corner Project. The
preferred alternative is Alternative 2. Alternative 2 includes the
following activities:

-   Designation of 157 acres of old growth (bringing the total to 709
    acres of old growth

-   Maintain 34 acres of open and semi-open habitat by prescribed
    burning

-   Clearcut 338 acres

-   Shelterwood seed cut 33 acres

-   Seed tree seed cut 88 acres

-   Shelterwood preparatory cut 57 acres

-   Salvage harvest 114 acres

-   Reforestation of 314 acres by natural regeneration

-   Plant and release 189 acres

-   Group selection (uneven-aged management, group openings 1/3 to 2
    acres in size) on 42 acres

-   Improvement cut (commercial thinning between group openings) on 389
    acres

-   Non-commercial TSI/reforestation cutting on 389 acres (same acres on
    which improvement cut will occur)

-   Commercial thin 1660 acres

-   Pre-commercial thin 439 acres

-   Prescribed burn 658 acres for pine woodland development

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In addition to the MTNF's implementation of the RPM's and TC's in the
Programmatic BO and other protective measures, the following information
was considered in determining the projects effects on the bald eagle and
gray bat.

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[Bald eagle:]{.underline} 1) no night roosts or night roost
concentrations are known to occur within the project area (the nearest
communal roost site is approximately 16 miles from the project area; 2)
there are no documented bald eagle nests within the project area (the
nearest nest is approximately 18.5 miles from the project area); and 3)
smoke from prescribed burning in the project area would be unlikely to
adversely affect bald eagles.

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[Gray bat]{.underline}: 1) there are no known gray bat caves in the
project area (the nearest gray bat maternity colony is located
approximately 9 miles north of the project area); and 2) any potential
negative impacts (i.e., indirect effects of impacting the species pray
base) to individuals foraging within the project area is considered to
be so remote as to constitute an insignificant or discountable effect.

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Based on the site-specific information above, we concur with your
determination of "not likely to adversely affect" for the bald eagle and
gray bat. The project may adversely affect the Indiana bat.

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[Biological Opinion]{.underline}

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The following biological opinion is based on likely adverse effects to
the Indiana bat from activities associated with the NE Corner Project.
In conducting our evaluation of the potential impacts of the project on
Indiana bat, our review focused on determining whether: (1) this
proposed project falls within the scope of the Programmatic BO issued
for MTNF's LRMP; (2) the effects of this proposed action are consistent
with those anticipated in the Tier 1 Programmatic BO; and (3) the
appropriate implementing terms and conditions associated with the
reasonable and prudent measures identified in the Tier 1 biological
opinion are adhered to. This Tier 2 Biological Opinion also identifies
the incidental take anticipated with the NE Corner Project and the
cumulative total of incidental take for the MTNF for the 2004-2008
planning seasons. It conforms to the Service's Programmatic BO (page 88)
pertaining to individual projects the Service reviews following the
issuance of the Programmatic BO.

[Status of the Species]{.underline}

Species description, life history, population dynamics, status and
distribution for the Indiana bat are fully described on pages 40-62 of
the Programmatic BO and are hereby incorporated by reference. Since
issuance of the Service's Programmatic BO, a biennial survey was
conducted on Indiana bat Priority 1 hibernacula. Approximately 105,420
Indiana bats were counted during surveys conducted in 2000 and 2001.
Surveys by Rick Clawson (Missouri Department of Conservation, email
March 14, 2003) in 2003 show 93, 955 Indiana bats in priority one caves
and other caves. Mist net surveys were conducted for bats on the Mark
Twain National Forest between 1997 and 2001. These surveys resulted in
the capture of 501 individual bats of 9 species during 594 hours of mist
netting, but no Indiana bats were captured. In September 2002, mist
netting efforts at Lake Wappapello led to the capture of three Indiana
bats. Additional male Indiana bats have been captured in (the summer of
2003) recent weeks at Lake Wappapello. Mist net and Anabat surveys in
May 2003, led to the capture of one reproductively active female Indiana
bat on the Potosi/Fredericktown Ranger District about 55 miles northeast
of the project area. The project area is approximately 16.5 miles north
of the nearest hibernaculum. Because surveys that utilize a combination
of bat detection devices and mist nets have apparently not been
conducted within the project area and suitable roosting habitat exists
within the compartments scheduled for management, the exact status of
Indian bats within the NE Corner project is unknown. The project area is
not in an Indiana bat area of influence (MTNF Management Area 3.5).

[Environmental Baseline]{.underline}

The environmental baseline for the MTNF was established and fully
described in detail on pages 7-16 of the Service's June 23, 1999
Programmatic BO. Since issuance of the Service's Programmatic BO, the
environmental baseline on the MTNF has changed. The percentage of trees
in the 50 years or older class has increased from 72% to 73% (956,841
acres to 970,131 acres) that includes a 4% increase of trees 90 years
old or older-old growth (159,474 acres to 212,631 acres). Additionally,
there has been a decrease of 11% to 9% in the 0-9 year's old age class
(146,184 acres to 119,605). The relative percentage's of the other two
age classes (20-49 years old and 10-19 years old) was unchanged. Other
changes relate to the decrease in timber harvest on the forest between
1996 and 2000. The average timber harvest on the MTNF has decreased from
an average annual harvest of 18,215 acres between 1986 and 1997 to
11,567 acres between 1997 and 2000. Between 1985 and 2000, the average
annual harvest volume on the MTNF was 55.3 million board feet of
commercial timber, which decreased to an annual harvest volume of 32
million board feet between 1998 and 2000.

Timber management practices utilized on the MNTF have also changed. Of
the 11,567 acres harvested annually on the MTNF between 1996 and 2000,
an average of 5,487 acres (47%) involved thinning, salvage, and
miscellaneous operations (e.g., firewood permits); 3,389 acres (29%)
included uneven-aged management (i.e., group selection, single tree
selection, and single tree selection with groups harvest technique); and
2,691 acres (23%) were associated with even-aged regeneration harvest
techniques (i.e., shelterwood, clearcut, and seedtree harvest methods).
Although approximately 9,300 acres of reforestation via natural
regeneration has occurred per year since 1986, the average of such
activities decreased to about 7,000 acres (\~25%) between 1998 and 2000.
Between 1986 and 1997, timber stand improvements (TSI) averaged about
3,850 acres per year. Since 1998, TSI activities averaged 1,938 acres
per year, a reduction of approximately 50%. Activities to benefit
wildlife (e.g., prescribed fires, tree planting in riparian corridors,
construction of ponds or waterholes, brushhogging, planting of food
plots, conversion of cool season grasses to native warm-season grasses,
etc.) decreased from an annual average of 9,000 acres between 1986 and
1997 to an annual average of approximately 6,000 acres (a reduction of
approximately 33%) between 1998 and 2000 (Jody Eberly, U.S. Forest
Service [in]{.underline} [litt]{.underline}. August 13 and 22, 2001).

Missouri experienced severe weather in the spring of 2002. Several
tornados in 2002 damaged timber stands on both private and public lands
in Missouri. Flooding occurred in many drainages, uprooting trees and
causing other structural damage. Some landowners are removing the downed
timber in many areas and many are burning the wood that is unsuitable
for other products (e.g. sawlogs, firewood, etc.). However, all or most
of the downed timber on public and private lands cannot be removed. Once
the wood dries out, an unnaturally high fuel loading in Missouri forests
will have been created, and the risk of catastrophic fire will increase.

Thousands of acres affected by oak decline are causing concern for the
health of forests in Missouri and Arkansas. Many large northern red,
southern red, black, and scarlet oaks are declining and dying. The
reason for this problem is complex and is not linked to any one cause
but trees that are old (70 to 90 years), on shallow, rocky soils,
ridgetops and upper slopes, and that have been stressed from drought,
are predisposed to decline. There are other factors that contribute to
this oak decline: red oak borers, twolined chestnut borers, armillaria
root rot, and others (from brochure "Why are the oak trees dying?"
produced by the USDA Forest Service 2001). The oak decline problem will
create habitat for the Indiana bat, but could also pose a risk from
catastrophic wildfire.

[Effects of the Action]{.underline}

Based on our analysis of information provided in your September 16, 2003
BE for the NE Corner Project, we have determined that the potential
effects of the proposed action are consistent with those addressed in
the Programmatic Biological Opinion and are hereby incorporated by
reference. Summering Indiana bats that could occur within the project
area or migrants could be potentially impacted from the proposed
activities. Adverse effects to the Indiana bat from this project could
occur from the removal of potential roost trees. A more complete
discussion of these effects can be found in section D- Effects of the
action (direct and indirect effects), on pages 62-65 of the Service's
June 23, 1999 Programmatic BO.

Harm to Indiana bats could also occur if the removal of suitable roost
trees causes bats to abandon a traditionally used roost site. The
likelihood of cutting a tree containing an individual roosting Indiana
bat, however, is anticipated to be extremely low because of the rarity
of the species on this district and the large number of suitable roost
trees present on the MTNF.

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Implementation of the terms and conditions associated with the
reasonable and prudent measures (RPMs) provided on pages 75-81 in the
Programmatic Biological Opinion will minimize any potential adverse
effects to the Indiana bat by maintaining suitable Indiana bat roosting
and foraging habitat.

[Conclusion]{.underline}

The actions and effects associated with the proposed NE Corner Project
are consistent with those identified and discussed in the Service's
Programmatic BO. After reviewing the size and scope of the project, the
environmental baseline, the status of Indiana bat and its potential
occurrence within the project area, the effects of the action; and any
cumulative effects, it is the Service's biological opinion that this
action is not likely to jeopardize the continued existence of the
Indiana bat.

[Incidental Take Statement]{.underline}

The Service anticipates that the proposed actions associated with the NE
Corner Project will result in the incidental take of Indiana bat habitat
(acres) as outlined in Table 1. The type and amount of anticipated
incidental take is consistent with that described in the Programmatic BO
and does not cause the total annual level of incidental take (forested
acres) in the Programmatic BO (page 74) to be exceeded (Table 1).

The Forest Service must implement all pertinent reasonable and prudent
measures and implementing terms and conditions stipulated in the
Programmatic BO to minimize the impact of the anticipated incidental
take of Indiana bats, and to be exempt from the take prohibitions of
Section 9 of the Act. We have determined that no new reasonable and
prudent measures, beyond those specified in the Programmatic BO, are
needed to minimize the impact of incidental take anticipated for the NE
Corner Project. Implementing the measures outlined in your conservation
program for federally listed species on the MTNF (approved March 2000)
will further reduce potential adverse effects on the Indiana bat.

This fulfills your consultation requirements for this action. Should the
proposed project be modified or if the level of take identified above is
exceeded, reinitiation of consultation as outlined in 50 CFR 402.16, is
required.

We appreciate your continued efforts to ensure that this project is
consistent with all provisions outlined in the Programmatic BO. If you
have any questions regarding our response or if you need additional
information, please contact Theresa Davidson at (417) 683-4428 ext. 113.

Sincerely,

> Charles M. Scott
>
> Field Supervisor

cc: Field Supervisor, Indiana ESFO, Bloomington, IN

> Theresa Davidson, FWS, Ava, MO

G:\\Davidson\\NE Corner Project.doc

**Table 1. Incidental take of Indiana bats for the NE Corner Project
(forested acres affected annually) and its contribution to the
cumulative totals for the Mark Twain National Forest as outlined on page
74 of the Service's Programmatic Biological Opinion of June 23, 1999.
(CF = cumulative forested acres affected)**

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<table>
<colgroup>
<col style="width: 14%" />
<col style="width: 9%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 9%" />
<col style="width: 9%" />
<col style="width: 9%" />
<col style="width: 7%" />
<col style="width: 9%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td rowspan="2"><strong>Activity</strong></td>
<td colspan="2"><strong>FY 2004</strong></td>
<td colspan="2"><strong>FY 2005</strong></td>
<td colspan="2"><strong>FY 2006</strong></td>
<td colspan="2"><strong>FY 2007</strong></td>
<td colspan="2"><strong>FY 2008</strong></td>
</tr>
<tr class="even">
<td>NE Corner</td>
<td>CF</td>
<td><p>NE</p>
<p>Corner</p></td>
<td>CF</td>
<td>NE Corner</td>
<td>CF</td>
<td><p>NE</p>
<p>Corner</p></td>
<td>CF</td>
<td>NE Corner</td>
<td>CF</td>
</tr>
<tr class="odd">
<td>Timber harvest</td>
<td>300</td>
<td>11900</td>
<td>900</td>
<td>4923</td>
<td>900</td>
<td>4270</td>
<td>621</td>
<td>3918</td>
<td>0</td>
<td></td>
</tr>
<tr class="even">
<td>Prescribed burning</td>
<td>0</td>
<td>3736</td>
<td>0</td>
<td>7888</td>
<td>0</td>
<td>5902</td>
<td>658</td>
<td>3906</td>
<td>0</td>
<td></td>
</tr>
<tr class="odd">
<td>Timber stand improvement</td>
<td>0</td>
<td>4000</td>
<td>0</td>
<td>4000</td>
<td>200</td>
<td>1622</td>
<td>300</td>
<td>700</td>
<td>328</td>
<td>328</td>
</tr>
</tbody>
</table>

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