June 8, 2007

Mr. Jeff Seefeldt, District Ranger

Shawnee National Forest

Hidden Springs Ranger District

602 N. First Street, Hwy 45 N.

Vienna, Illinois 62995

Dear Mr. Seefeldt:

This letter is in response to your May 16, 2007, request for
site-specific review, pursuant to section 7 of the Endangered Species
Act of 1973, as amended, of the proposed Prescribed Fire for Improvement
of Harris Branch Hardwood Restoration Project (Harris Branch Project) on
the Hidden Springs Ranger District, in Hardin County, Illinois. On
December 3, 2005, the U.S. Fish and Wildlife Service (Service) issued a
programmatic biological opinion for the Shawnee National Forest (SNF)
2006 Land and Resource Management Plan (LRMP). This programmatic
biological opinion 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 the event of a "may affect"
but "not likely to adversely affect" determination, we will provide
written concurrence and Section 7(a)(2) consultation will be considered
completed for that project.

In issuing the programmatic biological opinion (Tier 1 biological
opinion), we evaluated the effects of all Forest Service actions
outlined in your Biological Assessment and the LRMP on the federally
listed Indiana bat (*Myotis sodalis*), Mead's milkweed (*Asclepias
meadii*), gray bat (*Myotis grisescens*), bald eagle (*Haliaeetus
leucocephalus*), least tern (*Sterna antillarum*), pallid sturgeon
(*Scaphirhynchus albus*), fanshell mussel (*Cyprogenia stegaria*), fat
pocketbook pearly mussel (*Potamilus capax*), pink mucket pearly mussel
(*Lampsilis abrupta*) and orange-footed pearly mussel (*Plethobasus
cooperianus*). We concurred with your determinations of "not likely to
adversely affect" for the gray bat, bald eagle, least tern, pallid
sturgeon, fanshell mussel, fat pocketbook pearly mussel, pink mucket
pearly mussel and orange-footed pearly mussel. We also concurred with
your determination of "likely to adversely affect" for the Indiana bat.
We did not concur with your determination of "not likely to adversely
affect" for the Mead's milkweed. The federally listed Price's potato
bean (*Apios priceana*) was not evaluated in the Tier 1 biological
opinion as this species is considered extirpated in Illinois.

Mr. Jeff Seefeldt 2.

Your current request for Service review of the Harris Branch Project is
a Tier 2 consultation under the December 3, 2005, programmatic
biological opinion. We have reviewed the information contained in the
Harris Branch Project biological evaluation submitted by your office
electronically on May 16, 2007, describing the effects of the proposed
project on federally listed species. We concur that the proposed action
will have no effect on the bald eagle, pink mucket pearly mussel, gray
bat or Mead's milkweed. No further consultation is required for these
species. We do not, however, concur with your determination that the
action is not likely to adversely affect the Indiana bat.

In conducting our evaluation, our review focused on determining whether
(1) this proposed project falls within the scope of the programmatic
biological opinion issued for SNF's LRMP, (2) the effects of this
proposed action are consistent with those anticipated in the Tier I
programmatic biological opinion, and (3) the appropriate Terms and
Conditions associated with the Reasonable and Prudent Measures
identified in the Tier I biological opinion are adhered to. This letter
serves as the Tier 2 biological opinion for the proposed Harris Branch
Project on the Hidden Springs Ranger District. As such, the 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 programmatic biological opinion.

[Description of the Proposed Action]{.underline}

The biological evaluation includes the location and a thorough
description of the proposed action. The proposed action is Alternative 2
and involves restoration of native hardwoods on approximately 200 acres
through thinning of shortleaf pine to promote shade intolerant species
regeneration. Alternative 2 will use shelterwood timber harvest
techniques to remove small areas of pine and allow sunlight to penetrate
the forest floor, promoting oaks and hickories. Under this alternative,
site preparation for natural regeneration will be conducted post
harvest, and will involve the cutting of small (2-10 inch dbh) shade
tolerant trees in the understory to further increase the amount of
sunlight to existing shade intolerant seedlings/saplings and promote the
survival of future regeneration. No new roads will be constructed and
Illinois Best Management Practices will be used as a guide for logging
operations as described in the biological evaluation.

The proposed project will incorporate the appropriate standards and
guidelines from the 2006 LRMP and appropriate Terms and Conditions in
the programmatic biological opinion.

Mr. Jeff Seefeldt 3.

[Status of the Species]{.underline}

Indiana bat species description, life history, population dynamics,
status and distribution and threats are fully described on pages 43-53
of the programmatic biological opinion and are hereby incorporated by
reference.

[Environmental Baseline]{.underline}

The environmental baseline for the Indiana bat on the Shawnee National
Forest was fully described on pages 55-59 of the programmatic biological
opinion and is hereby incorporated by reference. The action area for
this project does not contain any known Indiana bat maternity colonies
or winter hibernacula. Additionally, mist net surveys conducted over
several years have not resulted in the capture of any Indiana bats. The
project area contains suitable foraging habitat. It is anticipated that
Indiana bat use of the area is likely restricted to a minimal amount of
occasional male bat use for foraging and/or roosting.

[Effects of the Action]{.underline}

Based on our analysis of information provided in your May 16, 2007
Harris Branch Project biological evaluation, we have determined that the
adverse effects of the proposed action are consistent with those
contemplated in the programmatic biological opinion. These adverse
effects are fully described on pages 66-71 of the programmatic
biological opinion. 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 logging operations. Although impacts
may not be avoided, implementation of the 2006 Forest Plan standards and
guidelines provided on pages 93-97 of the programmatic biological
opinion will minimize adverse effects. The SNF will adhere to standards
and guidelines that protect and/or enhance suitable roosting, foraging
and hibernation habitat for the Indiana bat now and into the future.

[Conclusion]{.underline}

We believe the proposed Harris Branch Hardwood Restoration Project in
the Hidden Springs Ranger District is consistent with the programmatic
biological opinion. After reviewing the site-specific information,
including 1) scope of the project, 2) the environmental baseline, 3) the
status of the Indiana bat and its potential occurrence within

the project area, 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.

Mr. Jeff Seefeldt 4.

[Incidental Take Statement]{.underline}

The Service anticipates that the proposed action will result in the
"incidental take" of 200 forested acres. This anticipated level brings
the cumulative total of incidental take for the SNF to 9,791 acres
(Table 1). This level is well below the 17,195 total forested acres
anticipated during the first 10 years of Forest Plan implementation. 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 SNF to date under the LRMP, is not likely to result
in jeopardy to the species.

We understand that the Forest Service is implementing all pertinent
Indiana bat Reasonable and Prudent Measures and implementing Terms and
Conditions stipulated on pages 88-90 of the programmatic biological
opinion. As explained in the programmatic biological opinion, 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
this regulation, 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 Shawnee National Forest LRMP 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 Shawnee National Forest LRMP and projects
predicated upon it are 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 is 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.

We appreciate your efforts to ensure that this project is consistent
with all the provisions outlined in the 2006 Forest Plan and
programmatic biological opinion. If you have any questions or need
additional information, please contact me at 618/997-3344, ext. 340.

Sincerely,

*/S/ Joyce A. Collins*

Joyce A. Collins

Assistant Field Supervisor

cc: IDNR (Kruse, Shimp)

**Table 1: Incidental take of Indiana bats (forested acres affected) for
the Harris Branch Hardwood Restoration Project and its contribution to
the cumulative total for the Shawnee National Forest outlined on page 87
of the Service's Programmatic Biological Opinion of December 3, 2005.**

  --------------- ------------ ------------- ------------ ------------ ------------
  **Project**     Timber       Timber Stand  Wetland      Minerals     **Total
                  Harvest and  Improvement   Management   Management   Forest Acres
                  Timber                                               Affected**
                  Management                                           

  Harris Branch   200                                                  200
  Hardwood                                                             
  Restoration                                                          
  Project                                                              

  Big Muddy River 91           5600          200          0            5891
  Bottoms Habitat                                                      
  Improvement                                                          
  Project                                                              

  Prescribed Fire 0            3700          0            0            3700
  for Improvement                                                      
  of Wildlife                                                          
  Habitat and/or                                                       
  Urban Interface                                                      
  Fuel Conditions                                                      

  **Cumulative    291          9300          200          0            9791
  Total**                                                              
  --------------- ------------ ------------- ------------ ------------ ------------