Draft Biological Assessment Report Design Update Technical Memorandum I-75 (SR 93) at SR 884 (Colonial Blvd) Interchange Lee County, Florida

Financial Project ID No. 413065-1-32-01

Prepared for:

Florida Department of Transportation District One P.O. Box 1249 Bartow, Florida 33830-1249

May 2017 Draft Biological Assessment Report Design Update Technical Memorandum I-75 (SR 93) at SR 884 (Colonial Blvd) Interchange Lee County, Florida

Financial Project ID No. 413065-1-32-01

Prepared for:

Florida Department of Transportation District One P.O. Box 1249 Bartow, Florida 33830-1249

Prepared by:

American Consulting Professionals, LLC 2818 Cypress Ridge Boulevard, Suite 200 Wesley Chapel, Florida 33544-6302

May 2017 Table of Contents SECTION 1 Project Description ...... 1 SECTION 2 Land Use ...... 1 SECTION 3 Wildlife and Habitat ...... 3 3.1 PD&E Species Effect Determinations ...... 3 3.2 Listing Status Changes ...... 3 3.3 Federal-Listed Species ...... 4 3.3.1 Wood Stork (Mycteria americana) ...... 4 3.3.2 Eastern Indigo Snake (Drymarchon couperi) ...... 4 3.3.3 American Alligator (Alligator mississippiensis) and American Crocodile (Crocodylus acutus) ...... 4 3.3.4 Florida Scrub-Jay (Aphelocoma coerulescens) ...... 4 3.3.5 Red-cockaded Woodpecker (Picoides borealis) ...... 5 3.3.6 Florida Panther (Puma concolor coryi) ...... 5 3.3.7 Florida Manatee (Trichechus manatus latirostris) ...... 5 3.3.8 Gulf Sturgeon (Acipenser oxyrinchus desotoi) ...... 5 3.3.9 Audubon’s Crested Caracara (Polyborus plancus audubonii) ...... 6 3.3.10 Everglade Snail Kite (Rostrhamus sociabilis plumbeus) ...... 6 3.3.11 Florida Bonneted Bat (Eumops floridanus) ...... 6 3.4 Non-Listed, Federal-Protected Species ...... 6 3.4.1 Bald Eagle (Haliaeetus leucocephalus) ...... 6 3.4.2 Osprey (Pandion haliaetus) ...... 6 3.5 State-Listed Species ...... 8 3.5.1 Gopher Tortoise (Gopherus polyphemus) ...... 8 3.5.2 Gopher Frog (Rana capito) ...... 8 3.5.3 Florida Sandhill Crane (Grus canadensis pratensis) ...... 8 3.5.4 Limpkin (Aramus guarauna) ...... 8 3.5.5 Wetland Dependent Birds ...... 8 3.5.6 Florida Burrowing Owl (Athene cunicularia floridana) ...... 9 3.5.7 Southeastern American Kestrel (Falco sparverius paulus) ...... 9 3.5.8 Florida Black Bear (Ursus americanus floridanus) ...... 9 3.5.9 Big Cypress Fox Squirrel (Sciurus niger avicennia) and Sherman’s Fox Squirrel (Sciurus niger shermani) ...... 9 3.5.10 Sherman’s Short-tailed Shrew (Blarina shermani) ...... 10 3.6 Federal and State-Listed Plants...... 10 3.7 Conclusion and Commitments ...... 10

List of Figures Figure 1 Project Location Map ...... 2 Figure 2 Protected Species Map ...... 7

List of Tables Table 1 Potential Species within the Project Area/Corridor ...... 12

I-75 at Colonial Boulevard Design i Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum SECTION 1 PROJECT DESCRIPTION A Project Development and Environment (PD&E) study was completed for Interstate 75 (I-75) from south of Bonita Beach Road to north of State Road (SR) 78, in Lee County, FL, a distance of approximately 27.9 miles. The Type 2 Categorical Exclusion for this project was approved in December 2002 by the Federal Highway Administration (FHWA). The I-75/Colonial Boulevard (SR 884) interchange was part of the approved PD&E.

This design update focuses on improvements to the I-75/Colonial Boulevard interchange as well as improvements along Colonial Boulevard. This section of Colonial Boulevard is an urban principal arterial in the City of Fort Myers in Lee County. This project begins from west of Ortiz Ave to east of Dynasty Drive including ramp improvements on I-75. A project location map is provided below as Figure 1. The project is anticipated to enhance overall safety, capacity, and emergency evacuation within the County. In addition, the project will help serve travel demands created by anticipated countywide population and employment growth. The planned improvements will enhance access to I-75, as the I-75 interchange is in the center of this project. Colonial Boulevard is state maintained from US 41/SR 45 in the west to Dynasty Drive in the east, serving as a main connection of the west and east sections of Lee County. Annual Average Daily Traffic (AADT) volumes on Colonial Boulevard for the opening year, 2020, are projected to be 88,000 while the design year, 2042 is anticipated to be 99,800.

The purpose of this report is to identify wildlife and habitat impacts from the original Project Development and Environment (PD&E) Study and compare to impacts proposed from the current design. This includes habitat assessment, potential for Federal- and State-listed species, agency coordination, and changes in listing status. The prior PD&E study evaluated approximatively 27 miles of roadway. This current project evaluates approximately 2 miles, as a result the impacts to the wetlands and species will be substantially less in the current evaluation.

SECTION 2 LAND USE The majority of the land use within the project limits is classified by the Florida Land Use Cover and Forms Classification System (FLUCCS) as commercial and services (FLUCCS 1400). The majority of the project will be included within the existing right of way (ROW), with the exception of storm water management facilities which will require additional ROW along the north side of Colonial Boulevard adjacent to Ortiz Boulevard. There are small areas of natural habitat that exist within the ROW that are either a continuation of habitats from off-site or the remainder of habitats that were previously developed adjacent to the interstate.

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Dynasty Dr SECTION 3 WILDLIFE AND HABITAT A Biological Assessment report was completed for the PD&E study in November 2002. The PD&E study limits were from South of Bonita Beach Road to North of S.R. 78 in Lee County. This addendum focuses on the I-75/Colonial Boulevard interchange and the associated limits along Colonial Boulevard from approximately ½ mile west of Ortiz Avenue to just east of Dynasty Drive. Field reviews were conducted for this project in April 2017. The species identified as part of the PD&E as well as additional species not discussed previously, and the effect determinations associated with this segment, are discussed below.

3.1 PD&E Species Effect Determinations The following effect determinations were assigned as part of the PD&E for federally listed species: a finding of may affect, but is not likely to adversely affect was assigned to the Florida panther (Felis concolor coryi) for the 2000 improvements and a finding of may affect was determined for the panther for the Ultimate 2030 design. A finding of may affect, but is not likely to adversely affect was determined for the Florida black bear (Ursus americanus floridanus) (candidate), bald eagle (Haliaeetus leucocephalus), Florida manatee (Trichechus manatus), eastern indigo snake (Drymarchon couperi), and wood stork (Mycteria americana). A finding of no effect was determined for the American crocodile (Crocodylus acutus), American alligator (Alligator mississippiensis), Gulf sturgeon (Acipenser oxyrhynchus desotoi), red-cockaded woodpecker (Picoides borealis), Big Cypress fox squirrel (Sciurus niger avicennia) (candidate) and Florida scrub-jay (Aphelocoma coerulescens).

The following effect determinations were assigned as part of the PD&E for Florida state listed species: A finding of may affect, but is not likely to adversely affect was determined for the brown pelican (Pelecanus occidentalis), snowy egret (Egretta thula), roseate spoonbill (Platalea ajaja), little blue heron (Egretta caerulea), tricolored heron (Egretta tricolor), and white ibis (Eudocimus albus). A finding of no effect was determined for the Florida gopher frog (Lithobates capito), gopher tortoise (Gopherus polyphemusis), limpkin (Aramus quarauna), southeastern American kestrel (Falco sparverius paulus), Florida sandhill crane (Grus canadensis pratensis), Sherman’s fox squirrel (Sciurus niger shermani) and Florida burrowing owl (Athene cunicularia floridana).

3.2 Listing Status Changes Changes in federal listing since the 2002 PD&E consist of the following: the manatee will be downlisted from endangered to threatened effective May 5, 2017. The wood stork (2014) has been downlisted from endangered to threatened, the Florida black bear (2003) and the Big Cypress Fox squirrel (2002) are no longer candidate species, the Florida sandhill crane (2011) is under federal review for listing, the gopher tortoise (2011) is a candidate species, and the bald eagle (2007) has been removed from the list.

On January 11, 2017 the Florida Fish and Wildlife Conservation Commission (FWC) revised the Florida state list of threatened and endangered species. Many of the species addressed within the prior PD&E were affected by these changes. The following species were removed from the list: white ibis, brown pelican, gopher frog, limpkin, snowy egret, and Florida black bear (removed in 2012). The listing for the following species changed from a species of special concern (SSC) to threatened: Florida burrowing owl, roseate spoonbill, little blue heron, tricolored heron, and gopher tortoise (2007). The state listing status for the wood stork was changed from endangered to threatened in 2014.

I-75 at Colonial Boulevard Design 3 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum 3.3 Federal-Listed Species

3.3.1 Wood Stork (Mycteria americana) The PD&E found that the project may affect, but is not likely to adversely affect the wood stork. The PD&E occurred in 2002, and since that time, extensive development has occurred along the north and south side of Colonial Boulevard which impacted wetlands and other natural habitats. The wood stork is federal and state-listed threatened. For the current design, there are approximately 2.54 acres of wetland impacts, all of which are forested wetlands. The two small wetlands that make up this area are remnant systems with minimal connectivity to other areas. During the inundation period, wetlands within the project area may provide suitable foraging habitat for the wood stork. The project is located within the 18.6-mile radius core foraging area of one wood stork colony (619041). Mitigation for this project will be provided and will likely consist of the purchase of credits from an approved mitigation bank. It is anticipated that mitigation will be coordinated within the same watershed. As well, new drainage ditches and ponds will be created, which will add additional possible foraging areas. Due to this there is no change in the effect determination for the wood stork.

3.3.2 Eastern Indigo Snake (Drymarchon couperi) A may affect, but is not likely to adversely affect determination was originally assigned to the eastern indigo snake. Habitat for this species includes pine flatwoods, hardwood forests, and other natural habitats, and they are typically associated with gopher tortoise burrows. The eastern indigo snake is federal and state-listed threatened. Suitable habitat for the eastern indigo snake exists within and adjacent to the project area and a potential abandoned gopher tortoise burrow was discovered during a field review in April 2017. The FDOT commits to using the USFWS’s Standard Protection Measures for the Eastern Indigo Snake. Therefore, there is no change in the effect determination for the eastern indigo snake.

3.3.3 American Alligator (Alligator mississippiensis) and American Crocodile (Crocodylus acutus) The PD&E stated that the American alligator was listed as threatened due to its similarity of appearance to the American crocodile (no change in listing status); this is only true in areas within the range of the American crocodile. Colonial Boulevard is located approximately four miles from the tidally influenced Caloosahatchee River. There is no suitable habitat within the ROW and there is no direct connectivity to the Caloosahatchee River within the project area. The PD&E concluded a may affect, but is not likely to adversely affect determination for these species. Based on the current extent of the project and no habitat within the design project limits, there will be no effect on the American alligator or the American crocodile.

3.3.4 Florida Scrub-Jay (Aphelocoma coerulescens) An effect determination of no effect was given to the Florida scrub-jay in the PD&E. The project is located within the U.S. Fish and Wildlife Service (USFWS) consultation area for the scrub-jay. The Florida scrub-jay is federal and state-listed as threatened. The majority of the area is developed and minimal to no scrub-jay habitat exists. The FWC had documented the scrub-jay utilizing habitat within the vicinity of the SR 78 interchange (part of the PD&E study limits), but no areas within the current design project area. Since the current project is limited to Colonial Boulevard and the Colonial Boulevard/I-75 interchange (and does not contain the SR 78 area) there is no change in effect determination for the Florida scrub-jay.

I-75 at Colonial Boulevard Design 4 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum 3.3.5 Red-cockaded Woodpecker (Picoides borealis) The PD&E determined the project would have no effect on the red-cockaded woodpecker. The red- cocked woodpecker is federal and state-listed endangered. The project is within the USFWS consultation area for the red-cockaded woodpecker. At the time of the prior study field reviews were performed and it was determined that at one time there was a red-cockaded woodpecker colony along Colonial Boulevard, however, at the time of the field review, it appeared that the area no longer contained an active colony. The area along Colonial Boulevard within the design project limits has been substantially developed and is evident from aerial photographs as well as field reviews. There is minimal to no presence of potential suitable red-cockaded woodpecker habitat within the corridor and no cavity trees were identified during the April 2017 field reveiw; therefore, there is no change in effect determination for the red-cockaded woodpecker.

3.3.6 Florida Panther (Puma concolor coryi) The PD&E determined that the project may affect, but is not likely to adversely affect the panther as a result of the year 2000 improvements and that the Ultimate 2030 design may affect the panther. As identified in the PD&E the project is located within the USFWS consultation area/secondary habitat zone for the Florida panther. The Florida panther is federal and state-listed endangered. For the current project the consultation area/secondary habitat zone for the panther is located east and southeast of the interchange in the Six-Mile Cypress Slough. Telemetry data shows that there has been only one instance of a panther crossing the I-75 corridor, in 1998. Additionally, data shows that panthers largely utilize habitat east of I-75 and rarely utilize the areas west of the interstate, however, there was a panther siting within approximately 1.4 miles north of Colonial Boulevard, west of the interstate in 2001. The current project will remain within existing ROW for the majority of the limits, excluding approximately 2.54 acres of wetland impacts. Mitigation will be provided to offset the proposed wetland impacts. The wetland impacts are located west of Ortiz Avenue and outside the consultation area/secondary habitat zone for the Florida panther; therefore, no separate mitigation is proposed for the Florida panther. It is anticipated that this project may affect, but is not likely to adversely affect the Florida panther.

3.3.7 Florida Manatee (Trichechus manatus latirostris) The PD&E study found that the project may affect, but is not likely to adversely affect the Florida manatee. The previous study evaluated impacts to the Florida Manatee due to the bridges involved, including the crossing of the Caloosahatchee River which is utilized extensively by the manatee. The Florida manatee is federal and state-listed threatened. The current extent of the project does not cross any manatee habitat; therefore, it is anticipated that the project will have no effect on the Florida manatee.

3.3.8 Gulf Sturgeon (Acipenser oxyrinchus desotoi) The PD&E study evaluated impacts to the Gulf sturgeon due to the bridges involved, including the crossing of the Caloosahatchee River. The study found that the project would have no effect on the Gulf Sturgeon due to lack of recorded utilization of the Caloosahatchee River. The Gulf sturgeon is federal and state-listed threatened. The current study will not cross any sturgeon habitat and therefore, there is no change in effect determination for the Gulf sturgeon.

I-75 at Colonial Boulevard Design 5 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum 3.3.9 Audubon’s Crested Caracara (Polyborus plancus audubonii) The PD&E did not evaluate the crested caracara. The crested caracara is a listed as a threatened species on the federal and Florida state endangered and threatened species lists. Current GIS data identifies that the project is within the USFWS consultation area of the crested caracara. There is a large open area southwest of the interchange that has no cabbage palms or other large trees that provide potential nesting habitat, and no work is proposed outside the existing ROW at this area. Since no habitat for the crested caracara is located in the project area and minimal to no habitat for the caracara exists within the vicinity of the project, it is anticipated that the project will have no effect on the crested caracara.

3.3.10 Everglade Snail Kite (Rostrhamus sociabilis plumbeus) The PD&E study did not evaluate the everglade snail kite. The everglade snail kite is listed as an endangered species on the federal and the Florida endangered and threatened species lists. Current GIS data identifies that the project is within the USFWS consultation area for the snail kite. No impact is expected to the snail kite due to the fact that the project construction will not impact potential habitat. It is anticipated that the project will have no effect on the snail kite.

3.3.11 Florida Bonneted Bat (Eumops floridanus) The PD&E study did not evaluate the Florida bonneted bat. This species is listed as endangered on the federal and the Florida endangered and threatened species list as of 2013. Current GIS data identifies that the project is within the USFWS consultation area for the bonneted bat. No impacts are expected to the bonneted bat due to the fact that no snags and/or cavity trees have been identified within the project area and construction will not be done on the bridges within the interchange or on Colonial Boulevard west of Dynasty Drive. The bridges are the only suitable roosting areas identified for the bonneted bat within the project limits. It is anticipated that this project will have no effect on the Florida bonneted bat.

3.4 Non-Listed, Federal-Protected Species

3.4.1 Bald Eagle (Haliaeetus leucocephalus) At the time of the PD&E study the bald eagle was listed as threatened at the federal and state level. The bald eagle has since been removed from both lists; however, the bald eagle is afforded protection under the Bald and Golden Eagle Protection Act [16 U.S. Code (U.S.C.) 668-668d], the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712) and 68A-16, Florida Administrative Code (F.A.C.). In the previous study two nests were identified, LE-P1 and LE-49, which were located south of Daniels Parkway and are not located near the design project limits. Since bald eagle nests were identified near the I-75 corridor, a determination of may affect, but is not likely to adversely affect was given for the bald eagle at that time. For the current design project the nearest nest (LE-037) is located approximately one mile from the project area (as shown in Figure 2) and was last known active in 1992 according to the FWC. No bald eagle nests were identified during the field review in April 2017. Bald eagles are mobile and capable of relocating nests; therefore, there is no change in effect determination for the bald eagle.

3.4.2 Osprey (Pandion haliaetus) The PD&E study did not evaluate the osprey. The osprey is afforded federal protection under the MBTA and state protection under 68A-16, F.A.C. No active or inactive nests were observed near the project limits during field review. Since ospreys are mobile and capable of relocating nests, it is anticipated that the project may affect, but is not likely to adversely affect the osprey.

I-75 at Colonial Boulevard Design 6 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum b[

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3.5.1 Gopher Tortoise (Gopherus polyphemus) The PD&E determined that the project would have no effect on the gopher tortoise. As mentioned above, at the time of the prior study, the gopher tortoise was listed as a SSC, however, currently the tortoise is listed as state-designated threated and as a candidate for federal listing. During the field review for the current project, one potential abandoned gopher tortoise burrow (Figure 2) was discovered just outside wetland 1 near the toe of slope for Colonial Boulevard. The potential burrow had leaf litter and other vegetation debris covering the opening. Due to the potential of tortoise in the area, gopher tortoise surveys should be conducted for all suitable habitat within the project area prior to construction.. If gopher tortoise burrows are identified prior to construction, permitting will be conducted with FWC. The project may affect, but is not likely to adversely affect the gopher tortoise.

3.5.2 Gopher Frog (Rana capito) The PD&E study determined that the project would have no effect on the gopher frog. The gopher frog is a common commensal species of the gopher tortoise. One possible gopher tortoise burrow was discovered adjacent to wetland 1, suitable breeding habitat for the gopher frog. As mentioned previously, the gopher frog was removed from the Florida state list of threatened and endangered species. Due to the listing change a revised determination effect is not warranted for the gopher frog.

3.5.3 Florida Sandhill Crane (Grus canadensis pratensis) The previous PD&E field reviews did not discover any evidence of sandhill crane nesting and determined that the project would have no effect on the Florida sandhill crane. This species is state-listed threatened. Florida sandhill cranes prefer large, shallow-water marshes for nesting which are not present within the existing project area. Sandhill cranes may use wetland habitat along the project limits for foraging; however, the wetland impacts will be mitigated. Additionally, no herbaceous wetland impacts are proposed which the cranes prefer for nesting; therefore, the project is expected to have no effect on the Florida Sandhill Crane. There is no change effect determination for this species.

3.5.4 Limpkin (Aramus guarauna) The PD&E study found that the project would have no effect on the limpkin. The limpkin feeds exclusively on apple snails which require certain types of submerged aquatic vegetation. The wetlands surrounding the current project do not support this type of vegetation or snails. Since the time of the previous study the limpkin has been removed from the Florida’s state endangered and threatened species list; therefore an effect determination is no longer warranted for this species.

3.5.5 Wetland Dependent Birds The PD&E found that the project may affect, but is not likely to adversely affect wetland dependent birds. Wetland dependent birds included many numerous state-listed species including the roseate spoonbill, little blue heron, snowy egret, reddish egret, tricolored heron, white ibis and the brown pelican. The wood stork, limpkin and Florida sandhill crane, which are also wetland dependent birds, were discussed individually above. Since the time of the PD&E study, the listing status for several wetland dependent birds have changed, as described in Section 3.2. There are wetlands within the project limit ROW along Colonial Boulevard, east and west of the interchange. However, all wetlands and surface waters within and east of the interchange have been previously permitted for full impact to the existing ROW. In addition to these wetlands there are two additional forested wetlands west of the

I-75 at Colonial Boulevard Design 8 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum interchange along Colonial Boulevard. Approximately 2.54 acres of these wetlands will be impacted. Suitable foraging habitat for wading birds is present in these areas; however, these wetlands are small and disconnected from the larger system. For the 2.54 acres of wetland impacts, mitigation will be provided, likely through the purchase of credits from an approved mitigation bank. As well, new drainage ditches and ponds will be created, which will add additional potential foraging areas. There is no change in effect determination for the roseate spoonbill, little blue heron, reddish egret, and tricolored heron. Additionally, the area around Colonial Boulevard does not contain suitable habitat for the brown pelican. Since the PD&E the snowy egret, white ibis and brown pelican have been removed from the Florida endangered and threatened species lists; therefore, an effect determination is no longer warranted for these species.

3.5.6 Florida Burrowing Owl (Athene cunicularia floridana) The PD&E indicated that this project will have no effect on the Florida burrowing owl. This species is state-listed threatened. Minimal to no Florida burrowing owl habitat exists within the project area. No burrows were observed during field reviews conducted in April 2017. There is no change effect determination for this species.

3.5.7 Southeastern American Kestrel (Falco sparverius paulus) The PD&E indicated that this project will have no effect on the southeastern American kestrel. This species is state-listed threatened. There is no quality habitat for the southeastern American kestrel within the project limits. There were no tall, dead trees, or snags, located within the project area to provide for nesting and no sandhill or flatwood habitat. There is no change effect determination for this species.

3.5.8 Florida Black Bear (Ursus americanus floridanus) The PD&E lists the Florida black bear as state-threatened; however, since the PD&E the Florida black bear has since been removed from state listing. The black bear is still afforded protection under 68A- 4.009, (F.A.C.). Commitment number eight from the approved Categorical Exclusion states the following: The size of the drainage culvert located at the Six Mile Cypress Slough Preserve will be maintained to assure the black bear will continue to have a safe crossing point in that area. The proposed improvements will not affect the Six Mile Slough drainage culverts under I-75 or Colonial Boulevard. Therefore, no changes in potential habitat access/use for the Florida black bear are expected, and there is no change in status of this commitment. Since the black bear is no longer listed, an effect determination is no longer warranted for this species.

3.5.9 Big Cypress Fox Squirrel (Sciurus niger avicennia) and Sherman’s Fox Squirrel (Sciurus niger shermani) The PD&E study determined that the project would have no effect on either of the two species of fox squirrel. The Big Cypress fox squirrel is state-listed threatened and the Sherman’s fox squirrel is a species of special concern. Both of the fox squirrel species were relevant possible species within the project limits of the PD&E; however, the Sherman’s fox squirrel exists north of the Caloosahatchee River, which is outside of the limits of this project. The Big Cypress fox squirrel exists in cypress wetlands south of the Caloosahatchee River; this species may exist within the project limits of the current project. There is no change in effect determination for the Sherman’s fox squirrel. During field review there was a large nest observed in a tree in wetland 1 (Figure 2) within the area to be acquired for ROW. It was unclear at the time which species, bird or mammal, the nest belonged to, but the nest was not large enough to be a bald eagle or osprey nest. Given the proximity of wetland 1 to the large Six Mile Cypress Slough, it is

I-75 at Colonial Boulevard Design 9 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum possible that the Big Cypress fox squirrel inhabits the wetlands adjacent to the current project. Although the previous study determined the project would have no effect on the fox squirrel, given the extended ROW needed in the current project into potential fox squirrel habitat, the current project may affect, but is not likely to adversely affect the Big Cypress fox squirrel.

3.5.10 Sherman’s Short-tailed Shrew (Blarina shermani) The prior study did not evaluate the Sherman’s short tailed shrew. This species is listed as threatened on the Florida endangered and threatened species list. In Florida, the shrew has only been found in Lee County, and inhabits ruderal areas ranging from basin wetlands, drainage ditches, to pine-palmetto flatwoods. According to the FWC, the last documented occurrence of this species was in 1955 north of the Caloosahatchee River. According to the FWC 2013 Species Action Plan, 3,400 trap nights have focused on a variety of habitats within the areas of Lee and Collier counties with no new specimens identified in nearly 60 years. Some of the species’ potential habitat will be impacted during roadwork and, therefore, it is anticipated that the project may affect, but is not likely to adversely affect the Sherman’s short-tailed shrew.

3.6 Federal and State-Listed Plants The current design is limited to the existing ROW for I-75 and Colonial Boulevard, with the exception of the area west of Ortiz Avenue. No protected plant species were identified as part of the PD&E field surveys or the updated design field review conducted in April 2017. As mentioned in the PD&E, the project will have no effect on any protected plants; therefore, there are no changes from the PD&E for federal- and state-listed plants.

3.7 Conclusion and Commitments The project is located within the existing right of way for I-75 and Colonial Boulevard, with the exception of the additional right of way needed on the north side of Colonial Boulevard beginning west of Ortiz Avenue. Table 1 below summarizes the findings listed above for the faunal species listed within the PD&E that have the potential to exist within the project area. Minimal habitat for listed and protected species identified in Section 3.2 is present. At the time of the PD&E study, almost no properties adjacent to Colonial Boulevard within the project limits were developed; however, currently almost all areas along Colonial Boulevard within the project area are developed with the exception of Six Mile Cypress Slough to the east and one large parcel to the southwest of the interchange. The abandoned gopher tortoise burrow and unidentified nest in wetland 1 were the only species or signs of potential listed species observed during the April 2017 field review. The current design project has minimal changes to the effect determinations made during the original PD&E study. The effect determination for the American crocodile/alligator and Florida manatee changed from may affect, but is not likely to adversely affect to no effect due to the lack of habitat present for these species within the current project limits. The effect determination for the gopher tortoise and Big Cypress fox squirrel changed from no effect to may affect, but is not likely to adversely affect due to the potential impacted habitat for the Big Cypress fox squirrel and identification of an abandoned gopher tortoise burrow within the current project limits. The current project also identified species that were not discussed in the PD&E. The following new effect determinations were made for these species: may affect, but is not likely to adversely affect the Sherman’s short-tailed shrew and osprey, and no effect for the crested caracara, Florida bonneted bat, and Everglade snail kite. All effect determinations for the species evaluated as part of the current project are provided in Table 1.

I-75 at Colonial Boulevard Design 10 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum There have been changes in federal and state listing status for the Florida manatee, Florida black bear, wood stork, Florida sandhill crane, bald eagle, white ibis, brown pelican, gopher frog, limpkin, Florida burrowing owl, roseate spoonbill, tricolored heron, and gopher tortoise. Their current listings are outlined in Table 1 below.

Commitments from the PD&E have been evaluated as part of this project update. Commitments that carry forward into construction include the following:

• The FDOT commits to using the standard USFWS’s Standard Protection Measures for the Eastern Indigo Snake. • Updated gopher tortoise surveys should be conducted along the project area and within staging areas prior to construction. • The FDOT will resurvey the project area for bald eagle nests during all design/permitting phases of this project and prior to construction. If a nest is discovered, the FDOT will adhere to all current USFWS Bald Eagle Monitoring Guidelines, which have changed since the PD&E study was approved.

I-75 at Colonial Boulevard Design 11 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum Table 1 Potential Species within the Project Area/Corridor

Species Listing Status Suitable Current Proposed Federal State Habitat Notes Common Name Scientific Name Effect Determinations (USFWS) (FWC) Present Fish Acipenser oxyrinchus Gulf Sturgeon T T No No habitat within project area No Effect desotoi Birds Wood stork Mycteria americana T T Yes Within CFA of one colony MANLAA Aphelocoma Florida scrub-jay T T No Within USFWS consultation area No Effect coerulescens Audubon’s crested Polyborus plancus T T No Within USFWS consultation area No Effect caracara audubonii Red-cockaded Picoides borealis E E No Within USFWS consultation area No Effect woodpecker Rostrhamus sociabilis Everglade snail kite E E No Within USFWS consultation area No Effect plumbeus Foraging habitat present, not Grus canadensis Florida sandhill crane T Yes nesting habitat No Effect pratensis Under review for federal listing Limpkin Aramus quarauna Yes Removed from listing since PD&E N/A Changed listing from SSC to T Roseate spoonbill Platalea ajaja T Yes MANLAA since PD&E Changed listing from SSC to T Little blue heron Egretta caerulea T Yes MANLAA since PD&E Snowy egret Egretta thula Yes Removed from listing since PD&E N/A Changed listing from SSC to T Tricolored heron Egretta tricolor T Yes MANLAA since PD&E White ibis Eudocimus albus Yes Removed from listing since PD&E N/A No burrows identified Florida burrowing Athene cunicularia T No Changed listing from SSC to T No Effect owl floridana since PD&E

I-75 at Colonial Boulevard Design 12 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum Species Listing Status Suitable Current Proposed Federal State Habitat Notes Common Name Scientific Name Effect Determinations (USFWS) (FWC) Present Brown pelican Pelecanus occidentalis No Removed from listing since PD&E N/A Southeastern Falco sparverius paulus T No No Effect American kestrel Haliaeetus Nest within 1 mile Bald eagle * * Yes MANLAA leucocephalus Removed from listing since PD&E Protected under Migratory Bird Osprey Pandion haliaetus Yes MANLAA Treaty Act Amphibians One potential abandoned gopher Gopher frog Lithobates capito Yes tortoise burrow identified N/A Removed from listing since PD&E Reptiles One potential abandoned gopher Eastern indigo snake Drymarchon couperi T T Yes MANLAA tortoise burrow identified Alligator American alligator T (S/A) ** Yes Minimal habitat present No Effect mississippiensis American crocodile Crocodylus acutus T T No No Effect One potential abandoned gopher Gopher tortoise Gopherus polyphemus C T Yes MANLAA tortoise burrow identified Mammals Within USFWS consultation area, Florida bonneted bat Eumops floridanus E E Yes bridges located within project No Effect area Listing changed from endangered Florida manatee Trichechus manatus T T No No Effect to threatened on federal list East of I-75 within USFWS consultation area & secondary Florida panther Puma concolor coryi E E Yes habitat zone. No habitat impacts MANLAA within consultation area or secondary zone

I-75 at Colonial Boulevard Design 13 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum Species Listing Status Suitable Current Proposed Federal State Habitat Notes Common Name Scientific Name Effect Determinations (USFWS) (FWC) Present Ursus americanus Florida black bear *** *** No Removed from listing since PD&E N/A floridanus Changed listing from SSC to T Sherman’s short Blarina shermani T Yes since PD&E. No species identified MANLAA tailed shrew since 1955 according to FWC Range located north of Sherman’s fox Sciurus niger shermani SSC No Caloosahatchee River – project No Effect squirrel outside species range Big Cypress fox Removed as a federal candidate Sciurus niger avicennia T Yes MANLAA squirrel species since PD&E E = Endangered; T = Threatened; SSC = Species of Special Concern; C = Candidate Species *Protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), the Migratory Bird Treaty Act (16 U.S.C. 703-712) and 68A-16.002, F.A.C. **Listed as threatened due to similarity of appearance within range of American crocodile ***Protected under 68A-4.009, F.A.C MANLAA = May affect, but is not likely to adversely affect N/A = species is currently not on the federal or state threatened and endangered lists, therefore no effect determination is warranted

I-75 at Colonial Boulevard Design 14 Biological Assessment Report Design Update FPID No. 413065-1-32-01 Technical Memorandum