The US Fish and Wildlife (USFWS) service identified one threatened and one endangered species which the I-69 project has the potential to adversely affect.  These are the federally endangered Indiana bat (Myotis sodalis) and the federally threatened bald eagle (Haliaeetus leucocephalus).  The project’s effects on these species were thoroughly analyzed, documented, and presented in the  Tier 1 Biological Opinion (Tier 1 BO) dated December 3, 2003; the Tier 1 Revised Programmatic Biological Opinon (Tier 1 RPBO) dated August 24, 2006;  and the Section 1, Tier 2 Biological Opinion (Section 1 Tier 2 BO) dated August 29, 2007. These Biological Opinions were prepared by the USFWS in accordance with Section 7 of the Endangered Species Act.

The service has issued an opinion that Alternative 3C of I-69 from Evansville to Indianapolis, as proposed, is not likely to jeopardize the continued existence of the bald eagle. This opinion of non-jeopardy was original issued in the Tier 1 BO (pg 75), re-stated in the Tier 1 RPBO (pg 98), and unchanged specific to Section 1 in the Section 1 Tier 2 BO (Appendix B, Exhibit A). The U.S. Fish and Wildlife Service (USFWS) announced the final decision to remove the bald eagle from the list of threatened and endangered species on June 28, 2007.

The service has issued an opinion that Alternative 3C of I-69 from Evansville to Indianapolis, as proposed, is not likely to jeopardize the continued existence the Indiana bat, and is not likely to destroy or adversely modify its designated Critical Habitat.  This decision was first issued in the Tier 1 BO (pg 75). After conducting a much more thorough and rigorous effects analysis using more detailed information and data, the service concluded that non-jeopardy was still their opinion in regards to effects to the Indiana bat in the Tier 1 RPBO (pg 98).   After reviewing the section-specific information in the Tier 2 BO, it was the opinion of the USFWS that Section 1 of the I-69 Project by itself or when considered in conjunction with the larger I-69 project from Evansville to Indianapolis, is not likely to jeopardize the continued existence of the Indiana bat. (pg 27)

Conservation measures and mitigation efforts to avoid and minimize effects to the bald eagle and the Indiana bat are included in the Tier 1 BO (pg 10), the Tier 1 RPBO (pg 16), and the Section 1 Tier 2 BO (Appendix A).  These measures will protect and create forest and wetlands, protect water quality and karst features, and provide for research, monitoring, and education about the species and habitats.  Implementation of these measures could lead to an improvement in long-term habitat conditions for the Indiana bat (Tier 1 BO, pg 74). Most of these measures will also benefit other species in the area, including those on state lists.INDOT and FHWA are currently consulting with Indiana Department of Natural Resources to identify potential locations and designs for wildlife crossings, which will create permeability in the road corridor and provide passage for wildlife and natural resources.  (Updated 11/14/07)

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