Appendix D I‐85 Widening (MM 80 to 96) Biological Assessment, I‐85 Project Submittal Form for NLEB, Protected Aquatic Species Survey Report; Cherokee and Spartanburg Counties; Interstate 85 Widening from Mile Marker 80 to 96, and FWS Correspondence regarding I‐85 Project Submittal Form for NLEB Biological Assessment Proposed Interstate 85 (I-85) Widening & Interchange Improvements Project From Mile Marker 80 to Mile Marker 96 Cherokee and Spartanburg Counties, South Carolina SCDOT PIN 27114 Biological Assessment Federally Threatened and Endangered Species Proposed Interstate 85 (I-85) Widening & Interchange Improvements Project From Mile Marker 80 to Mile Marker 96 Cherokee and Spartanburg Counties, South Carolina SCDOT PIN 27114 The South Carolina Department of Transportation (SCDOT) proposes to widen approximately 16 miles of Interstate 85 (I-85) in the counties of Cherokee and Spartanburg, South Carolina; please see Appendix A for a Site Location Map. The project also proposes to improve interchanges within the project limits. The project originates at approximate Mile Marker (MM) 80, just east of S-57 (Gossett Road), in Spartanburg County, and terminates at approximate MM 96, just west of the Broad River, in Cherokee County. The proposed project would involve the following: widen the existing four-lane interstate facility to a minimum of six lanes, three in each direction; improve the I-85 interchange with SC 110 (Battleground Road); improve the I-85 interchange with S-39 (Green River Road); improve the I-85 interchange with SC 105 (Hyatt Street); improve the I-85 interchange with S-82 (Pleasant School Road); improve the I-85 interchange with and SC 18 (Shelby Highway); and replace the existing I-85 overpass bridge on S-131 (Sunny Slope Drive). The Federal Endangered Species Act (ESA) of 1973, as amended, is the federal regulatory tool that serves to administer permits, implement recovery plans, and monitor federally protected (endangered and threatened) species. The ESA is administered and regulated by the USFWS and/or National Oceanic and Atmospheric Administration-National Marine Fisheries Service (NOAA-NMFS). Species with the federal classification of Endangered (E) or Threatened (T), or Threatened due to Similarity of Appearance (T [S/A]) are protected under the ESA of 1973, as amended (16 U.S.C. 1531 et seq.). The term “endangered species” is defined as “any species which is in danger of extinction throughout all or a significant portion of its range”, and the term “threatened species” is defined as “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range” (16 U.S.C. 1532). The term “Proposed” (P) is defined as “any species proposed for official listing as endangered or threatened.” “Candidate” (C) species are taxons under consideration for which there is sufficient information to support listing but development of a proposed listing regulation is precluded by other higher priority listing activities. “At-Risk Species” (ARS) is an informal term that refers to those species which may be in need of concentrated conservation actions, and have been petitioned for listing as threatened or endangered. The USFWS designations P, C, and ARS do not provide federal protection and require no Section 7 consultation under the ESA. Biological Assessment Proposed Interstate 85 (I-85) Widening & Interchange Improvements Project From Mile Marker 80 to Mile Marker 96 Cherokee and Spartanburg Counties, South Carolina SCDOT PIN 27114 Because of the federal nexus of the project, consultation with the USFWS is required under Section 7 of the ESA, as amended (16 USC 1531-1534), for proposed projects that “may affect” federally endangered and threatened species. This Biological Assessment (BA) analyzes potential impacts to federally endangered and threatened species associated with the proposed project, and is intended to initiate informal consultation, as needed. The following list (Table 1) of federally protected [endangered (E) and threatened (T)] species for Spartanburg and Cherokee Counties was obtained from the USFWS protected species database (updated April 29, 2015). Additional information regarding state protection status was obtained from the South Carolina Department of Natural Resources (SCDNR) Rare, Threatened, and Endangered Species Inventory (updated June 11, 2014). Table 1 also includes five At-Risk Species and the Carolina heelsplitter (Lasmigona decorata). The Carolina heelsplitter is not currently listed as a threatened or endangered species by USFWS in Spartanburg or Cherokee County; however, the species is listed as endangered elsewhere in South Carolina. TABLE 1 FEDERALLY PROTECTED SPECIES IN CHEROKEE AND SPARTANBURG COUNTIES, SOUTH CAROLINA Protected Species County Protection Common Name Scientific Name Listed Federal State Crustacean Species Broad River spiny crayfish Cambarus spicatus Spartanburg ARS - Fish Species Cherokee & American eel Anguilla rostrata ARS - Spartanburg Mammal Species Cherokee & Northern long-eared bat Myotis septentrionalis T - Spartanburg Cherokee & Rafinesque’s big-eared bat Corynorthinus rafinesquii ARS Spartanburg Cherokee & Tri-colored bat Perimyotis subflavus ARS - Spartanburg Mollusk Species Carolina heelsplitter Lasmigona decorata Statewide E,CH E Plant Species Cherokee & Dwarf-flowered heartleaf Hexastylis naniflora T - Spartanburg Georgia aster Symphyotrichum georgianum Cherokee ARS - T = Threatened, E = Endangered, CH = Critical Habitat, ARS = At Risk Species 2 Biological Assessment Proposed Interstate 85 (I-85) Widening & Interchange Improvements Project From Mile Marker 80 to Mile Marker 96 Cherokee and Spartanburg Counties, South Carolina SCDOT PIN 27114 State and/or federally-listed threatened and endangered species and their respective habitats are briefly described below: Northern long-eared bat (Myotis septentrionalis) – Federal Threatened The northern long-eared bat is a medium-sized bat with a body length of 3 to 3.7 inches and a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale-brown on the underside. The species is distinguished by its long ears, which when pushed forward extend at least 4 millimeters past its nose. During the winter months, the northern long- eared bat can be found hibernating in caves and mines. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. During the summer, northern long-eared bats roost underneath bark, in cavities or in crevices of both live trees and dead trees. Individuals of the species have also been found rarely roosting in structures, like barns and sheds. Overall, the northern long-eared bat is not considered to be a long-distance migrant (typically 40 to 50 miles) although known migratory distances vary greatly between 5 and 168 miles. Carolina heelsplitter (Lasmigona decorata) - Federal/State Endangered The Carolina heelsplitter is a federally and state listed endangered mussel with an ovate, trapezoid shaped shell. The surface of this species is yellowish, greenish, or brownish with greenish, blackish rays. The inner shell ranges from iridescent to mottled pale orange. The average size of the Carolina heelsplitter is 78 millimeters (mm). The Carolina heelsplitter is found in small to large streams and rivers as well as ponds over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are found in undercuts and along shaded banks stabilized with extensive tree roots, a buried log, or rocks. The Carolina heelsplitter requires waterways with well oxygenated clean water. Six populations of this mussel are presently known to exist, four of which occur within South Carolina. Dwarf-flowered heartleaf (Hexastylis naniflora) – Federal Threatened Dwarf-flowered heartleaf is a low-growing spicey-smelling, evergreen perennial herb that spreads via rhizomes. Leaves are heart-shaped, alternate, leathery, lacking teeth, and 1.6 to 2.4 inches in length and width. Each leaf is supported by a long, thin stem. The solitary flowers are fleshy, firm, grow at the end of short stalks, and often under forest litter and leaves near the base of the leaf stems. The flowers are jug-shaped, less than one-half inch long, and range in color from brown to greenish or purple. Flowering occurs from mid-March to early June; fruiting begins in late May. Adults are rhizomatous and seedling growth has been observed in clumps of mature plants. The dwarf-flowered heartleaf is typically found along bluffs and north-facing slopes, boggy areas along streams, and adjacent hillsides and ravines with acidic, sandy loam soils in deciduous forests. Individuals are typically found on Pacolet or Madison gravelly sandy loam, or Musella fine sandy loam. This species is also commonly associated with mountain laurel (Kalmia latifolia). 3 Biological Assessment Proposed Interstate 85 (I-85) Widening & Interchange Improvements Project From Mile Marker 80 to Mile Marker 96 Cherokee and Spartanburg Counties, South Carolina SCDOT PIN 27114 Terrestrial Plant Communities Based on field reviews of the Project Study Area (PSA), eight terrestrial habitat community/land use types are present within the PSA, including Maintained and Disturbed Roadside, Agricultural Fields, Mixed Pine/Hardwood Forest, Bottomland Hardwood Forest, Successional Forest, Pine Forest, Commercial and Residential Development, and Maintained Lawn. A brief summary of the terrestrial habitat