CONSULTATION HISTORY

May 1, 2015: The KFO met on site with KYTC and Kentucky State Nature Preserves Commission (KSNPC) to discuss the proposed project.

May 6, 2015: The KFO met with KYTC to discuss the proposed project and conservation measures to offset impacts.

June 15, 2015: The KFO, KYTC, and KSNPC visited a prospective site for a Kentucky glade cress conservation site to offset impacts resulting from the project.

June 25, 2015: The KFO received a request from Mr. John Ballantyne (FHWA) to initiate formal consultation for the proposed project.

July 8, 2015: The KFO provided a letter to the FHWA indicating that formal consultation had begun on June 25, 2015.

September 2, 2015: KYTC secured funding to purchase a Kentucky glade cress conservation site to offset impacts resulting from the project.

September 2, 2015: The KFO provided a draft of the Biological Opinion to the FHWA.

INTRODUCTION

This Biological Opinion (BO) evaluates the realignment of Kentucky Highway 61 (KY-61), a federal action proposed by the Kentucky Transportation Cabinet (KYTC) on behalf of the Federal Highway Administration (FHWA). The Service believes that the Kentucky glade cress (Leavenworthia exigua var. lacinata), the Indiana bat (Myotis sodalis), and the northern long- eared bat (Myotis septentrionalis) are the only federally-listed species that may be adversely affected by the proposed project. Adverse effects to the Indiana bat and the northern long-eared bat are anticipated as a result of impacts to their respective summer roosting and foraging habitats. These effects will be addressed in a Conservation Memorandum of Agreement between the Service and KYTC that authorizes the take anticipated from this project under the Service’s 2015 Biological Opinion: Kentucky Field Office’s Participation in Conservation Memoranda of Agreement for the Indiana Bat and/or Northern Long-eared Bat. That programmatic BO concludes that the habitat impacts evaluated that are likely to adversely affect the Indiana bat and the northern long-eared bat would not likely jeopardize the continued existence of the species. Therefore, Kentucky glade cress is the only species that will be addressed in this BO.

Critical habitat has been designated for the Kentucky glade cress, but the nearest critical habitat unit is located approximately 4.5 miles from the proposed project. We believe that no designated critical habitat for any listed species will be adversely affected by the proposed project.

A BO “is the document that states the opinion of the Service as to whether a federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of designated critical habitat” (50 CFR §402.02). To “jeopardize the

1 continued existence of the species” is to “engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species” (50 CFR §402.02). This document represents our biological opinion of the effects of the action to the federally threatened Kentucky glade cress in accordance with section 7 of the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). The Service has evaluated the effects of the proposed action, interrelated and interdependent actions, and cumulative effects relative to the status of the species to determine if the proposed project would or would not jeopardize the continued existence of the Kentucky glade cress.

DESCRIPTION OF PROPOSED ACTION

KYTC proposes to realign approximately 3.75 miles of KY-61 along two adjacent sections to enhance the local transportation system. The proposed project would reduce local congestion, provide additional capacity, enhance freight accessibility, and improve safety at interchanges.

Action Area

The “action area” is defined as “all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action” (50 CFR §402.02). The project corridor begins just south of KY-44 and ends at an existing four-lane section of KY-61 south of Brooks Run Creek (Fig. 1). Construction activities will be limited to inside the project corridor.

During field surveys for Kentucky glade cress conducted on April 1-2, 2015, Redwing Ecological Services, Inc. (Redwing) identified two separate sites within the project corridor that contained the species. There are a total of three areas within the action area of the project in which glade cress may be affected by the proposed project, directly or indirectly: the two proposed impact sites in the project corridor and one conservation site outside the project corridor. This BO will focus exclusively on these three areas, described below (Fig. 2):

Kentucky glade cress impact site 1 (Fig. 3): This site is located north of the existing KY-61 west of the I-65 overpass (38.0222° N latitude, 85.6976° W longitude). It consists of two small cedar glades, comprising 0.16 acres, surrounded by mature woods to the north and west and young woods to the south and east. Although the site consists of natural glade habitat, there are many nonnative plant species invading the glade, making it low-quality habitat (T. Littlefield, pers. comm., 2015).

Kentucky glade cress impact site 2 (Fig. 4): This site is located north of Becnel Lane on the west side of the existing KY-61 (38.0298° N latitude, 85.6920° W longitude). It consists of a mowed lawn with areas of exposed rock and shallow soils, comprising approximately 3 acres. This site is directly across KY-61 from a known Kentucky glade cress site that was identified in the early 1990s.

Kentucky glade cress conservation site (Fig. 5): The proposed conservation site is an approximately 54-acre site in Bullitt County, Kentucky (38.0778° N latitude, 85.6413° W longitude), approximately four miles from the impact site. The site encompasses one occurrence 2 of Kentucky glade cress in its entirety in approximately 1.7 acres of natural glade habitat and another occurrence in approximately 1.8 acres of glade habitat in a power line easement. Both of these glade areas contain native glade-associated plants, including other rare species, and are considered high-quality glade habitat (B. Yahn, per. comm., 2015).

Proposed Action

As defined in the Service’s section 7 regulations (50 CFR 402.02), “action” means “all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by federal agencies in the United States or upon the high seas.” The direct and indirect effects of the actions and activities must be considered in conjunction with the effects of other past and present federal, state, or private activities, as well as the cumulative effects of reasonably certain future state or private activities within the action area. The proposed actions are described below for each of the three sites within the action area of the project that contains Kentucky glade cress:

Kentucky glade cress impact site 1:

This site is located outside of the construction limits of the proposed project (Fig. 3). A silt fence will be installed prior to construction to inhibit direct inputs of sediment and other contaminants to the site, located down-gradient of the construction limits. The silt fence will be installed in such a way that bottom edge will be under the surface of the ground to prevent sediment from flowing underneath it. Silt and/or exclusion fencing placed around the site and surrounding area will also ensure equipment does not enter the site. The portion of KY-61 that runs adjacent to the site will be widened to include two additional travel lanes north of the existing alignment, decreasing the distance between the roadway and the site from 49 meters (161 feet) to approximately 28.7 meters (94 feet). A 2:1 side slope will be established along the north side of the proposed roadway to tie into the existing flat area located up-gradient of the site. The distance between the toe of slope and the site will be decreased from 37.7 meters (124 feet) to approximately 17.6 meters (58 feet). A ditch located in the median will collect the majority of the runoff from the north-bound lanes of KY-61 and a portion of the south-bound lanes and will direct it through a stormwater system that drains around impact site 1 to the east. The remaining runoff will sheet flow from the northern half of the road down the road embankment, through the mowed flat area, and down the wooded hillslope similar to the existing drainage conditions.

A water line will be routed approximately 5.5 meters (18 feet) down-gradient from the western- most glade at impact site 1 and approximately 3 meters (10 feet) from the single individual located southwest of this glade. Prior to construction, exclusion fencing will be installed along the eastern edge of the disturbance limits. The disturbance limits for the water line installation will be restricted to 1.5 meters (5 feet) on each side of the centerline. Excavated soil will be backfilled or hauled away and placed in an upland area.

The gas line will be routed approximately 14 meters (45 feet) to the west and outside of the area that drains into impact site 1. The disturbance limits for the gas line installation will be restricted to 1.5 meters (5 feet) on each side of the centerline. Excavated soil will be backfilled over the line or hauled away and placed in an upland area.

3 An overhead electrical line will be routed approximately 10 meters (33 feet) southeast of impact site 1 with one utility pole installed approximately 13 meters (43 feet) up-gradient of the site and within the drainage area of impact site 1. Ground disturbance associated with the utility pole installation will be minimal, and displaced soil will be backfilled into the hole and around the pole after installation. The soil in the disturbed location that is entrained in runoff is expected to be minimal and to settle out on the wooded hillslope prior to reaching the site.

After construction activities are completed, KYTC will reseed any disturbed areas using a grass seed mix comprising 10% redtop (Agrostis alba), 35% creeping red fescue (Festuca rubra), 35% chewings fescue (Festuca rubra var. commutate), and 20% perennial ryegrass. These species are not identified on the Kentucky Exotic Pest Plant Council’s list of Exotic Invasive Plants of Kentucky.

Kentucky glade cress impact site 2:

A portion of impact site 2 is within the disturbance limits of the project in which excavation, grading, and other constructions activities will occur. The other portion of impact site 2 is in such close proximity to the disturbance limits that the effectiveness of avoidance and minimization measures during construction will be greatly reduced. Upon completion of the project, this latter portion of impact site 2 will be located between the new KY-61 alignment and the existing alignment that will remain open to local traffic.

Kentucky glade cress conservation site:

The conservation site is located outside of the corridor for the highway project. KYTC proposes to work with the Service and the Kentucky Natural Lands Trust (KNLT) to secure this site for the conservation of Kentucky glade cress. A portion of the proposed conservation site is on a 54- acre tract that is currently for sale and KYTC has proposed to provide sufficient funding for KNLT to purchase it. KYTC will also provide funding to KNLT to investigate the possibility of purchasing an additional, adjacent 8-acre parcel that contains the species. In addition, KYTC will contribute sufficient funding to support some restoration efforts at the conservation site.

As of the date of this BO, KNLT has a purchase agreement for the 54-acre site; however, the acquisition has not occurred and is not guaranteed to occur. If the purchase of this site does not occur, KYTC will work with the Service and KNLT to apply those funds to benefit the species in alternative ways, following a tiered approach presented below:

Tier 1: This tier focuses on protection through purchase of property within designated critical habitat units. a) Protect and conserve portions of designated critical habitat Unit 5: Cox Creek. Unit 5 consists of Subunits 5A and 5B, which total approximately 58 acres. These subunits are identified in the critical habitat listing (USFWS 2014a) as being important to maintain the distribution and genetic diversity of the species. b) Protect and conserve other areas of designated critical habitat on the periphery of the species’ range that have limited connectivity to other areas of critical 4 habitat. Acquisitions under this item would focus on Subunits 3A, 3B, and 3C, which are relatively small and unconnected to larger areas of critical habitat, and Subunit 6, which is the most southern critical habitat area. c) Protect and conserve designated critical habitat anywhere within the species’ range. Tier 2: This tier will be used to further recovery efforts within designated critical habitat units if the purchase of property within a critical habitat unit from a private landowner is not viable. a) Restore designated critical habitat units on the periphery of the species’ range, specifically Subunits 3A, 3B, 3C, 5A, 5B, and 6. b) Restore designated critical habitat anywhere within the species’ range. Tier 3: Identify, protect, and conserve other Kentucky glade cress populations not located within designated critical habitat. Tier 4: Promote the protection and conservation of Kentucky glade cress through funding provided for the management of existing populations or to conduct conservation research for the species.

STATUS OF THE SPECIES

Species Description

Kentucky glade cress is an annual member of the mustard family (Brassicaceae). Plants are about 5 to 10 cm (1.97 to 3.94 in) in height with early leaves that are simple with a slender petiole (central stalk of the leaf) and mature leaves that are sharply lobed (appear as disconnected pieces along the main leaf vein), somewhat squarish at the ends and arranged as a rosette (circular cluster of leaves) (Evans and Hannan 1990). The flowers are small (3 to 6 mm (0.12 to 0.24 in)), white to lilac in color with four petals, green rather than lavender sepals (the outer of two floral leaves that make up the flower), and leafless stems. Leaves typically disappear by the time the plant is in fruit (Evans and Hannan 1990). The fruit is flat and pod-shaped.

Kentucky glade cress is endemic to Kentucky and is known from only northeastern Bullitt County and extreme southeastern Jefferson County (Evans and Hannah 1990; Jones 2005; White 2004). Populations of Kentucky glade cress are disjunct (separated) from populations of the other two varieties of L. exigua that occur in Alabama, Georgia, and Tennessee (Rollins 1963, NatureServe Explorer 2012).

Life History

Habitat Kentucky glade cress appears to be adapted to environments with shallow soils interspersed with flat-bedded, Silurian dolomite and dolomitic limestones, which is an uncommon geological formation in Kentucky (Rollins 1963; Evans and Hannan 1990). It occurs primarily in open 5 gravelly soils around rock outcrops in an area of the Caneyville–Crider soil association (Whitaker and Waters 1986). The taxon is not restricted to any specific soil type (Evans and Hannan 1990). It appears to be more dependent upon lack of soil (and plant competition) and proximity of rock near or at the surface. The soil on these horizontally bedded limestone areas is often only a few inches in depth or may be completely lacking in some areas (Rollins 1963). Because of the thin soils and underlying limestones, these habitats, called cedar or limestone glades, are extremely wet from late winter to early spring and quickly become dry in May and June. The natural habitat for the species is these cedar glades (Baskin and Baskin 1981), but the taxon is also known from overgrazed pastures, eroded shallow soil areas with exposed bedrock, and areas where the soil has been scraped off the underlying bedrock (Evans and Hannan 1990).

The cyclical moisture availability on the thin soils of glades and other habitats acts to limit the number of plant species that can tolerate these extremes. Consequently, very few other plants occur on undisturbed glades (Evans and Hannan 1990). Common associates of Kentucky glade cress include Northoscordum bivalve (false garlic), Scutellaria parvula (little skullcap), Sporobolus vaginiflorus (poverty dropseed), Viola septemloba var. egglestonii (cedar glade violet), and Houstonia canadensis (Canadian bluets) (Baskin and Baskin 1981; Evans and Hannan 1990). In areas where the glades have been disturbed, native and introduced weedy species (annual and perennial) have invaded glades from nearby roads, fields, and waste areas (Baskin and Baskin 1985).

Areas surrounding glade openings tend to have deeper soils that support plants with prairie/barren affinities like Schizochyrium scoparium (little bluestem), Lithospermum canescens (hoary pocoon), Viola pedata (birdfoot violet), Echinacea pallida (pale purple coneflower), and Liatris aspera (tall gayfeather) (White 2004).

Life Cycle The life cycle is nearly identical for all members of the genus Leavenworthia (Baskin and Baskin 1981; Solbrig 1971). All are winter annuals, endemic to cedar glades or glade-like habitats (Baskin and Baskin 1985). For Kentucky glade cress, seed germination occurs in September and October (Baskin and Baskin 1981). Baskin and Baskin (1971; 1972) found that freshly harvested Leavenworthia spp. seeds were dormant at any temperature and that, once dormancy was broken, germination was prevented by high temperatures, regardless of moisture levels. This characteristic seems to protect Leavenworthia spp. from germination following short summer showers that temporarily moisten the glade habitats (Baskin and Baskin 1985) and allows it to avoid the hot, dry summer (Baskin and Baskin 1972). All seeds may not germinate each fall, allowing seed reserves to accumulate (Baskin and Baskin 1981). A study by Baskin and Baskin (1981) found collected Kentucky glade cress seeds germinated in a greenhouse over four autumns, although at drastically reduced numbers after the first year (4,907 in 1976, 190 in 1977, 156 in 1978, and 71 in 1979).

Kentucky glade cress persists through the winter as rosettes, and flowering begins in late February to early March (Baskin and Baskin 1981; Evans and Hannan 1990). Seeds are set and plants die in April and May as the glade habitats dry out (Baskin and Baskin 1985; Solbrig 1971). At maturity, most of these seeds are dormant and will not germinate following dispersal, even if the soils are moist (Baskin and Baskin 1985). During the summer, these seeds undergo

6 physical changes known as after-ripening and move from dormancy to conditional dormancy and, finally, become non-dormant for fall germination (Baskin and Baskin 1985).

Population Dynamics

Population size There are no population estimates for the species. As an annual species, plant numbers of Kentucky glade cress can naturally fluctuate greatly from year to year based on a variety of factors such as seed production in past years, germination rates, and environmental conditions (temperature, rainfall) (Bush and Lancaster 2005). Based on available data, the species is currently limited to 61 extant occurrences (KSNPC 2012).

Genetics, genetic variation, or trends in genetic variation Kentucky glade cress has the ability to self or cross pollinate (Rollins 1963). The degree to which either form of pollination is used over the other is not known. However, we believe that Kentucky glade cress primarily self-pollinates due to the biological changes associated with self- compatibility in Leavenworthia species. Such changes include, but are not limited to, reduction in flower size, a shift from odiferous to nonodiferous flowers, and flowering during a period when insect activity is minimal (Rollins 1963).

Research by Liu et al. (1998) on other Leavenworthia species (L. uniflora, L. crassa and L. stylosa) found that self-compatible species (species that self or cross pollinate) had lower genetic diversity than the species that were not self-compatible. An earlier laboratory study on L. uniflora and L. crassa by Charlesworth et al. (1994) found that the offspring from self- pollination had lower survival and fertility than those offspring produced by cross-pollination. The presumed low genetic diversity within individual occurrences of Kentucky glade cress could place those occurrences at a high risk of extirpation as their capacity for adaptation to change is reduced.

Status and Distribution

Listing History Kentucky glade cress was listed as threatened by the U.S. Fish and Wildlife Service on May 6, 2014 (USFWS 2014). Critical habitat for the species was also designated on May 6, 2014 (USFWS 2014). In order to determine if listing was warranted for Kentucky glade cress, the Service carefully assessed the best scientific and commercial information available regarding the past, present, and future threats faced by the species.

Range-wide Trends Long-term, quantitative monitoring data are unavailable for this taxon, but the Kentucky State Nature Preserves Commission (KSNPC) has recorded qualitative estimates of occurrence size and quality at 3- to 5-year intervals. These evaluations are used to rank each occurrence with respect to size and viability, condition of the habitat, and degree of threat. Habitat conditions often had a greater influence on the evaluation of habitat viability than population numbers (Deb White, pers. comm., 2012). An element occurrence is the basic conservation unit used by KSNPC in assessing species for the Natural Heritage Program. Nature Serve defines an element occurrence as “an area of land and/or water where a species or ecological community is or was 7 present” (NatureServe 2004). Element occurrences have been ranked into the following categories: A (excellent estimated viability), B (good estimated viability), C (fair estimated viability), D (poor estimated viability), O or F (field surveys failed to relocate the plants at the site), or X (occurrence is considered extirpated).

Evans and Hannan (1990) conducted the first rangewide survey for the taxon and documented a total of 71 historical and extant occurrences in Bullitt and Jefferson Counties. At that time, approximately 70 percent (42/60) of the extant occurrences were ranked as A, B, or C in quality (Evans and Hannan 1990). White (1994) reevaluated the status of the taxon in April 1994 by visiting the occurrences documented by Evans and Hannan (1990) and providing updated ranks and descriptions of habitat conditions. White (1994) recorded a decline in rank quality at 41 percent of the occurrences, with some of the occurrences decreasing by two levels of rank quality. Sixty-eight percent of these sites were degraded directly by human-related activities (e.g., house construction, lawn development, changes in grazing practices). Over 60 percent of the occurrences had quality ranks of “D” or were considered extirpated (White 1994).

The last rangewide survey was completed by KSNPC at 50 known occurrences, in April and early May of 2004 (White 2004). The number of plants and their condition (including flowering and fruiting) and general site conditions were recorded at the known occurrences. The results of these surveys were compared to results of previous surveys conducted in 1990 (Evans and Hannan 1990) and 1994 (White 1994) for the subset of occurrences (49) that were visited in all 3 years.

Of the 49 occurrences surveyed in all 3 years, 37 (76 percent) had decreased in quality between 1990 and 2004. This decrease in quality was commonly due to a reduction in the number of plants and an accompanying decline in habitat quality as the character of the area changed from rural to residential. Of those 37 occurrences that declined, more than 30 percent (16 of 37) were extirpated or unable to be relocated. In 1990, 69 percent of these occurrences were considered to have a viability of fair or better. In 1994, this amount had dropped to 49 percent; and in 2004 it was down to only 14 percent. These evaluated 49 occurrences represent approximately 60 percent (49 of 81) of the total population known in 2004. Since that time three additional occurrences have been identified, bringing the total known occurrences (historical and extant) to 84. A total of 23 historical occurrences are considered extirpated or were not located by KSNPC during the most recent surveys (KSNPC 2012). Of the 61 extant occurrences, 43 are of poor quality (D-rank; 70 percent).

Threats Habitat destruction and modification have been the primary cause of population declines and extirpations of the Kentucky glade cress (KSPNC 2012) occurrences.

Residential and Commercial Development The entire range of Kentucky glade cress has recently undergone rapid residential and commercial development as the greater Louisville metropolitan area expanded southward into southern Jefferson and northeastern Bullitt Counties. From 2000 to 2010, Bullitt County’s population increased by 21.4 percent, a significant increase compared to Kentucky’s overall average growth rate of 7.4 percent (SSDAN 2012). The burst of the housing bubble in 2007 seems to have slowed the residential expansion within Bullitt County. However, although 8 residential development has slowed, we expect it will continue as the population continues to grow. The recent residential development in Bullitt County, specifically the Shepherdsville area south of Louisville, has been spurred by similar growth in the manufacturing and support service industries. Since 2000, the number of these firms within Shepherdsville grew from 5 to 18, four of which were established in 2008 or later, after the burst of the housing bubble (KY Cabinet for Economic Development 2012).

Residential and commercial development activities can impact Kentucky glade cress during construction by destroying or modifying suitable habitat. At least 5 of the 16 extirpated Kentucky glade cress occurrences were eliminated during construction of homes or facilities. Even if the structure is not constructed on top of Kentucky glade cress or its habitat, grading and filling to level the site, soil compaction from the construction equipment and replanting disturbed areas with nonnative species can impact the species and its habitat. Activities ancillary to residential and commercial construction such as roads, utilities, and lawn creation can also result in the destruction and modification of habitat for Kentucky glade cress.

Roads Many of the 61 extant Kentucky glade cress occurrences are found in close proximity to roads (KSPNC 2012). The majority of known roadside Kentucky glade cress occurrences are of poor quality with few individual plants and competition from non-native species such as fescue (KSPNC 2012). Road rights-of-way are often planted with dense-growing, nonnative species such as fescue (KYTC 2012), that can out-compete Kentucky glade cress. Additionally, the soil erosion and changes in water runoff patterns associated with construction can alter soil and moisture conditions, making habitat unsuitable. Mowing in early spring as Kentucky glade cress is fruiting or before seed has reached maturity could crush plants before the seeds mature or cause seeds to fall prematurely, negatively impacting reproduction and next year’s population. As a winter annual, Kentucky glade cress may also be susceptible to impacts associated with winter road maintenance activities such as snow plowing and application of salt or brine.

Lawns Conversion of natural habitat to lawns is likely the single greatest threat to Kentucky glade cress and its habitat. For every structure (residential, commercial, or other) that is built, an area much larger than the structure’s footprint is modified to provide a lawn area for that property. These areas are maintained with activities such as mowing or herbicide application that alters the habitat and could damage or kill Kentucky glade cress plants. Areas of bare ground where Kentucky glade cress occurs are known to be filled with topsoil or other materials to allow for a uniform landscape (D. White, pers. comm., 2012). Lawn maintenance activities such as mowing and herbicide application encourage dense mats or fescue roots and eliminate competing species (USDA NRCS 2001). Kentucky glade cress does not appear to compete well with other vegetation (Evans and Hannan 1990) and can be displaced by common lawn species, such as tall fescue and annual bluegrass.

Agriculture/Grazing Impacts to Kentucky glade cress associated with the conversion of natural glade or glade-like habitat to fescue or other forage species is very similar to those discussed in the section on lawns. Grazing or haying of the pasture may help maintain the glade habitat, if it persists, by stunting the growth or invasion of woody species and aggressive forage species, maintaining the open 9 herbaceous nature of the habitat. However, grazing or haying may have negative impacts on Kentucky glade cress occurrences, if it occurs prior to seed set. Disturbance to the plants could cause mortality, and compaction of the soil from overgrazing could cause erosion or change soil moisture (USFWS 2009). High-intensity grazing can also have negative impacts on both plants and the glade habitat by increasing soil compaction and erosion rates or excessive trampling (USFWS 2009). Baskin and Baskin noted in 1985 that there were few, if any, undisturbed glades remaining in the southeastern United States and that most of these glades had been used for pasture at some point. This is true for the range of Kentucky glade cress (D. White, pers. obs., 2012). Like other Leavenworthia spp. (Baskin and Baskin 1985), Kentucky glade cress occurs in highly disturbed glades as well as lightly disturbed glades (KSNPC 2012). Many of these highly degraded glades are part of larger pasture areas. As the disturbance to the glade increases, so does the number of species of winter annuals (Baskin and Baskin 1985). Within the range of Kentucky glade cress some of these highly degraded glades are now part of residential and commercial lawns (KSNPC 2012; USFWS 2014.).

Forest Encroachment The dolomitic limestone glade habitat, with which Kentucky glade cress is associated, has a natural community of herbaceous, or nonwoody, plants. These open areas are maintained by their shallow soils (Baskin and Baskin 1978; Barnes and Evan 2007). Glades are often associated with barrens, which are believed to have been created and maintained by fire (Baskins, et al. 1994). Suppression of fire around the glade results in the accumulation of organic matter in and around the glade. The buildup results in increased soils depth and allows for the growth of trees and other plants that require deeper soils than typically found in and around the glades. Forest encroachment, whether due to lack of fire or other sources, threatens Kentucky glade cress by increasing shade, to which Kentucky glade cress is intolerant, and potentially changing the soil structure by adding organic materials. KSNPC has recommended cedar removal and/or prescribed fire as a management activity to promote Kentucky glade cress at more than 10 extant occurrences. Evans and Hannan (1990) also recommended tree removal and prescribed fire as an important habitat management technique for Kentucky glade cress.

Off-Road Vehicle Use and Horseback Riding Although there are no established trails or designated areas specifically for riding horses or off- road vehicles within the range of the species, evidence of these activities is apparent at several extant and historic Kentucky glade cress sites (KSNPC 2012). A site visit to Pine Creek Barrens in April 2012 found evidence of unauthorized horse access. Glade habitat where Kentucky glade cress is known to occur at this site had fewer plants than in previous years (USFWS 2014). At least four Kentucky glade cress sites appear to have been impacted by ORV usage (KSNPC 2012). The habitat requirements of Kentucky glade cress are very specific with shallow soils and high moisture content in the winter and earlier spring, drying out by early summer. Frequent use by ORVs can result in soil compaction, increased weed invasion (both native and nonnative), wind and water erosion, altered water flow patterns, and decreased soil moisture (Stokowski & LaPointe 2000). Changes to the habitat from ORV use can result in a loss of suitability. Soil and wind erosion can remove soils needed for plant growth and seed dispersal. If the glade habitat is the recipient of the eroded material, the increase in soil depth can alter the habitat such that it is more suitable for species previously excluded from the habitat that will compete with Kentucky glade cress for water and nutrients, or sunlight.

10 Recovery Criteria A recovery plan has not yet been developed for Kentucky glade cress.

ENVIRONMENTAL BASELINE

Under section 7(a)(2) of the Act, when considering the “effects of the action” on federally listed species, the Service is required to take into consideration the environmental baseline. The environmental baseline includes past and ongoing natural factors and the past and present impacts of all Federal, State, or private actions and other activities in the action area (50 CFR 402.02), including federal actions in the area that have already undergone section 7 consultation, and the impacts of State or private actions that are contemporaneous with the consultation in process.

Status of the Species within the Action Area

The status of the species within the three Kentucky glade cress sites in the action area of the project is discussed below:

Kentucky glade cress Impact site 1: During the April 2015 survey, Redwing counted 300-350 individual plants in two small cedar glades (Fig. 3). These glades are considered low-quality due to the abundance of nonnative, invasive plant species (T. Littlefield, pers. comm., 2015). There is no long-term species status data for this site since the species had not been identified from the site prior to the survey for this proposed project.

Kentucky glade cress Impact site 2: During the April 2015 survey, Redwing counted approximately 2,400 individual plants at this site (Fig. 4). These plants were in a mowed lawn concentrated into several groups around areas of exposed rock and shallow soils associated with karst geology. This site is located directly across the existing KY-61 from a previously known Kentucky glade cress patch. There is no comprehensive survey or long-term monitoring data available for the previously identified portion of the site.

Kentucky glade cress conservation site: The 54-acre tract of the proposed conservation site contains one occurrence in its entirety consisting of 10 plants (2015 survey) (B. Yahn, per. comm., 2015) in approximately 1.7 acres of natural glade habitat (Fig. 5). This 54-acre tract also contains part of another occurrence containing at least 39 plants (2015 survey) in approximately 0.8 acres of glade along a road right-of-way and power line easement. The adjacent 8-acre tract of the proposed conservation site contains another portion of this occurrence, with approximately 280 plants (2015 survey) in approximately one acre of glade habitat in a power line easement. The glade habitat at these sites is considered high-quality because of the presence of other glade associates (B. Yahn, pers. comm., 2015).

11 Factors Affecting Species Environment within the Action Area

The factors affecting the species at each of the three Kentucky glade cress sites in the action area of the project are discussed below:

Kentucky glade cress impact site 1: The quality of the glade at this site has already been degraded by the invasion of nonnative plant species. Because of the lack of management and natural processes that would provide the disturbance necessary for maintaining open habitat conditions of the glade, cedar trees are encroaching into the glade and are expected to naturally continue to encroach. The surface water from the majority of the existing roadway that is up- gradient is collected in a roadside ditch and does not reach impact site 1. Currently, impact site 1 only receives runoff from a small area totaling approximately 0.11 acre immediately up-gradient and comprising the wooded hillslope and flat mowed area north of the existing KY-61. The site is currently in right-of-way owned by KYTC.

Kentucky glade cress impacts impact site 2: This site is currently in a maintained lawn that experiences competition from lawn grasses and lawn maintenance and improvement activities. Lawn activities, depending on the intensity and timing, can negatively affect the plants on the site or facilitate the maintenance of marginally-suitable conditions present there. The site is currently private property with no protection or management for Kentucky glade cress.

Kentucky glade cress conservation site: The numbers of Kentucky glade cress plants in the occurrences at the proposed conservation site have decreased in quality ranking over past years due to decreases in number of individuals (B. Yahn, pers. comm., 2015). Although there are many native plants associated with the glades at this site, some invasive, nonnative species are present, and the habitat is not experiencing a disturbance regime necessary to maintain high-quality glade habitat conditions. It is reasonable to assume that the habitat quality in these areas will continue to decline without restoration efforts. The site is currently private property that is for sale. Because it is located in a rapidly- developing area where many larger tracts of land in the vicinity are being converted into residential subdivisions, it is likely that, without protection, the site would be adversely affected in the future.

EFFECTS OF THE ACTION

The effects of the proposed actions to Kentucky glade cress at each of the three Kentucky glade cress sites in the action area of the project are discussed below and summarized in Table 1:

Kentucky glade cress impact site 1:

Because all of the individual Kentucky glade cress plants observed in the 2015 survey at this site are outside of the proposed construction limits of the project, direct effects to Kentucky glade cress plants are limited. The construction limits to install the waterline will extend to 4 meters (13 feet) down-gradient from the western-most glade at this site and to 1.5 meters (5 feet) from the single individual Kentucky glade cress plant observed just southwest of the glade. It is likely that Kentucky glade cress seeds from current and previous years have been carried down- 12 gradient by water runoff and are present in the soil within the disturbance limits of the proposed water line installation. Some of these seeds may germinate in the construction limits of the project. If the water line is installed after these seeds have germinated, the plants in the construction limits of the project are expected to be destroyed during construction, resulting in the loss of those individual plants. Any seeds present in the construction limits during the installation of the water line that become covered in deep soil after the construction or are in soil that is hauled to another site are likely to never germinate, while those that remain near the surface of the soil may still germinate. Individual seeds that germinate in the construction area after the installation of the water line may even benefit from a short-term decrease in competition from the removal of invasive species in the construction limits. The species used to revegetate the disturbed sites may compete with Kentucky glade cress; however, these species are not identified as highly aggressive species, and the glade is already dominated by nonnative species.

Because impact site 1 is situated down-gradient from the existing KY-61 and the construction limits of the new alignment, indirect effects from the project may occur. Sediment deposition from runoff during construction will be temporary and will be minimized by erosion prevention and sediment control measures. After the completion of the construction, the KY-61 corridor and fill slope will be approximately 20 meters closer to impact site 1 than the existing corridor and slope. The drainage area into impact site 1 will also be increased by approximately 0.04 acres after construction. The portion of the runoff on the northern half of the north-bound lanes of KY-61 that will not be collected in the stormwater system will sheet flow off the road, down the road embankment, through the mowed flat area, and down the wooded hillslope in a manner similar to the existing drainage conditions. Based on the similarity of the hydrologic conditions following construction to the existing conditions, the project is not anticipated to result in a significant increase of sedimentation at impact site 1.

The road embankment up-gradient from impact site 1 will be maintained by mowing and possibly some herbicide application. Herbicide application would not extend beyond the mowed area. Following construction, impact site 1 will be separated from KY-61 by an approximately 11-meter (36-foot) grassed embankment and an 18-meter (58-foot) wooded buffer. This buffer will protect the site from deicing chemicals used on the road and herbicide used directly adjacent to the road. The decreased distance between the site and the maintained portion of the right-of- way may facilitate additional encroachment of invasive species into the glade; however, the glade is already dominated by nonnative species.

Kentucky glade cress impact site 2:

About half on the individuals at the impact site counted in the 2015 survey were located within the direct limits of the disturbance of the proposed alignments. All the seeds and plants present in the footprint of the new alignment will be covered by the new road and destroyed. All the plants and seeds outside the footprint of the new alignment but within the construction disturbance limits are expected to be destroyed by grading and other construction activities. Seeds located within the disturbance limits of the construction, but outside of the actual footprint of the new alignment, may become covered in deep soil after construction or contained with soil that is hauled to another site. These seeds are likely to never germinate. Seeds that remain at the site near the surface of the soil may still germinate but the altered habitat conditions may no longer support the species. 13 Plants and seeds that remain immediately outside of the project corridor will be in between the new alignment and the existing alignment. Plants located immediately adjacent to the project corridor may be covered by sediment draining off of the construction site and/or destroyed by equipment running over them. Plants and seeds in this area are likely to experience adverse indirect effects of the new habitat conditions resulting from the increase in impervious surface that will likely increase the water runoff into this area and alter habitat conditions so that they do not support seed germination or plant survival. This runoff will also contain deicing chemicals and other road contaminants that will likely damage or kill plants and seeds. New mowing regimes may alter habitat conditions so that they do not support plant maturation, seed production, and/or seed maturation. Any herbicides that are used will likely kill or damage plants and seeds. It is likely that the conditions of the habitat between the existing and new alignments will be altered to such an extent that it will eventually no longer support the species.

All of the Kentucky glade cress plants at this site and the seed bank within the site are expected to be permanently lost as a result of the project. Therefore, a portion of this element occurrence for the species will be permanently lost. The patches of Kentucky glade cress that comprise this occurrence that are located in an adjacent area to the southeast of impact site 2, across from the existing alignment and up-gradient of the project corridor, are not expected to be affected by construction activities or altered habitat conditions resulting from the project. Kentucky glade cress is expected to persist in these unaffected portions of the occurrence after the construction of the project; but the decrease in the total number of individuals in the entire occurrence will reduce the future viability of the occurrence by reducing its genetic diversity and increasing its vulnerability to environmental stochasticity.

Kentucky glade cress conservation site:

The conservation site will provide beneficial direct effects by permanently protecting a Kentucky glade cress site from the development activities that are rapidly occurring in the species’ range. The USFWS and its partners (primarily KNLT) will conduct activities to maintain and restore the glade habitat on the site by providing disturbance within the glades (e.g., cedar tree removal, prescribed burning) and enhancing the buffer areas surrounding the glades (e.g., invasive species control, native hardwood planting in the uplands). These activities, if conducted in the spring, could result in short-term, adverse effects to individual plants, but would likely occur in winter or summer to avoid these direct effects. Long-term, these activities are expected to provide indirect beneficial effects to the species by maintaining and improving the existing glade habitat to sustain or increase the number of individuals in the occurrences currently found on the site.

14 Table 1: Descriptions of Kentucky glade cress occurrences at the impact site and the proposed conservation site.

Size of Approx. # of Quality of Effects of the Action site (ac) plants habitat Impact Sites

Site 1 0.16 300-350 Low-quality Likely direct loss of seeds in small area glade along margin of habitat; potentially insignificant indirect effects

Site 2 3.0 1,200 maintained Complete loss of individuals and habitat lawn from direct impacts; significant effects

1,200 maintained Likely complete loss of individuals and ROW habitat from indirect impacts; significant effects

Total: 3.16 2700-2750 acres Conservation Site

54-acre 1.7 10 high-quality Permanent preservation; restoration of glade tract glade habitat; likely increase in number of plants and sustainability of habitat; potentially insignificant effects

0.8 39+ glade along Permanent preservation; restoration of glade road and habitat; likely increase in number of plants under power and sustainability of habitat line

8 acres 1.0 280 glade along Permanent preservation; restoration of glade of under power habitat; likely increase in number of plants adjacent line and sustainability of habitat tract

Total: 3.5 329+ acres

15 CUMULATIVE EFFECTS

Cumulative effects include the effects of future state, tribal, local or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation under section 7 of the Act. This biological opinion only addresses those activities that are authorized by the FHWA. Thus, any future State, local, or private actions that could potentially occur within the action area would require a permit or other authorization from the FHWA and will require compliance with the consultation provisions of Section 7 of the ESA as a second level, site-specific analysis of an individual project. Because the roadway after the bridge replacement will maintain the same utility prior to the replacement, there are no additional State, local or private actions reasonably certain to occur on within the action area at this time. Therefore, cumulative effects, as defined by the ESA, are not anticipated to occur.

CONCLUSION

After reviewing the proposed action of the project, the current status of Kentucky glade cress throughout its range, the environmental baseline of Kentucky glade cress within the action area, the effects of the proposed action, and the cumulative effects, it is the USFWS's biological opinion that the project, as proposed, is not likely to jeopardize the continued existence of the Kentucky glade cress.

We reached this determination based on the following factors related to the impacts and the conservation measures that have been proposed as part of the project:

x The proposed project will result in only a partial loss of the habitat and individuals at one of 61 extant occurrences for the species.

x The habitat that will be destroyed at the impact site is low-quality lawn habitat that may not be sustainable in the long-term.

x The establishment of a conservation area for the species will provide permanent protection of high-quality habitat that contains the species.

x Management opportunities at a conservation area are expected to increase the numbers of Kentucky glade cress at the site and ensure the long-term sustainability of the occurrence.

CONSERVATION RECOMMENDATIONS

Section 7(a)(1) of the Act directs federal agencies to use their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help carry out 16 recovery plans, or to develop information. The Service offers the following Conservation Recommendation to the FHWA:

x Monitor the effects of the post-construction run-off from KY-61 to site 1, and, if water appears to be creating channels through the glade, correct the drainage so that it does not continue to damage the habitat at the site.

In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefiting listed species or their habitats, the Service requests notification of the conservation recommendations carried out.

REINITIATION NOTICE

This concludes formal consultation on the action(s) outlined in the request. As written in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary FHWA involvement or control over the action has been retained (or is authorized by law) and if: (a) new information reveals effects of the Service’s action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (b) the Service’s action is later modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or (c) a new species is listed or critical habitat designated that may be affected by the action. In instances where the actions cause effects to the listed species in a manner or to an extent not considered in this opinion, any operations causing these effects must cease until reinitiation of consultation.

17 REFERENCES

Barnes, T. and M. Evans. 2007. Glades of Kentucky. Kentucky Woodlands Magazine 2:12-13. Frankfort, Kentucky.

Baskin, J. and C. C. Baskin. 1978. The Cedar Glade Flora of Bullitt County, Kentucky. Castanea 40:184-190.

Baskin, J. and C. C. Baskin. 1981. Geographical distribution and notes on the ecology of the rare endemic Leavenworthia exigua var. laciniata. Castanea 46:243-247.

Baskin, J. and C. C. Baskin. 1985. Life cycle ecology of annual plant species of cedar glades of southeastern United States. Pages 371-398 in: White, J. The Population Structure of Vegetation. Dr. W Junk Publishers, Boston, Massachusetts.

Baskin, J., C. C. Baskin and E. W. Chester. 1994. The Big Barrens region of Kentucky and Tennessee: further observations and considerations. Castanea 59:226-254.

Bush, D. and J. Lancaster. 2005. Rare Annual Plants – Problems with Surveys and Assessments. Botantical Electronic News 348:1-5.

Charlesworth, D., E. E. Lyons, L. B. Litchfield. 1994. Inbreeding depression in two highly inbreeding populations of Leavenworthia. Proceedings of the Royal Society of London B 258:209-214.

Evans, M. and R. R. Hannan. 1990. Status survey report on Leavenworthia exigua var. laciniata. Unpublished report prepared by Kentucky State Nature Preserves Commission, Frankfort, Kentucky for U.S. Fish and Wildlife Service, Asheville, North Carolina. Cooperative Agreement No. 14-16-0004-89-956, Work Order No. 89-1. 95 pp.

Jones, R. L. 2005. Plant life of Kentucky: an illustrated guide to the vascular flora. The University Press of Kentucky, Lexington, Kentucky. 834 pp.

Kentucky Cabinet for Economic Development. 2012. Bullitt County Business and Industry website. Accessed 18 July 2012. (http://www.thinkkentucky.com/edis/cmnty/BusInd.aspx?cw=13)

Kentucky State Nature Preserves Commission. 2012. Element Occurrence Record for Leavenworthia exigua var. laciniata. Frankfort, Kentucky. Printed 07 May 2012.

Littlefield, T. 2015. Personal Communication. Botanist, Kentucky State Nature Preserves Commission, Frankfort, Kentucky.

Liu, F., L. Zhang, D. Charlesworth. 1998. Genetic diversity in Leavenworthia populations with different inbreeding levels. Proceedings of the Royal Society of London B 265: 293-301.

18 NatureServe. 2012. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. (Accessed: May 2, 2012).

NatureServe. 2004. A Habitat-Based Strategy for Delimiting Plant Element Occurrences: Guidance from the 2004 Working Group. NatureServe, Arlington, Virginia.

Rollins, R. C. 1963. The evolution and systematics of Leavenworthia (Cruciferae). Contributions from the Gray Herbarium of Harvard University No. CXCII, Cambridge, Massachusetts.

Social Science Data Analysis Network (SSDAN). 2012. CensusScope website, http://www.censusscope.org/.

Solbrig, O. T. 1972. Breeding System and Genetic Variation in Leavenworthia. Evolution 26(1): 155-160.

Stokowski, P.A. and C.B. LaPointe. 2000. Environmental and Social Effects of ATVs and ORVs: An Annotated Bibliography and Research Assessment. University of Vermont, School of Natural Resources. Burlington, Vermont.

U.S. Department of Agriculture – Natural Resources Conservation Service. 2001. Plant Guide: Tall Fescue. Baton Rouge, Louisiana.

U.S. Fish and Wildlife Service. 2014. Determination of Threatened Status for Leavenworthia exigua var. laciniata (Kentucky Glade Cress). May 6, 2014, Federal Register 79(87): 25683-25688.

U.S. Fish and Wildlife Service. 2014. Designation of Critical Habitat for Leavenworthia exigua var. laciniata (Kentucky Glade Cress). May 6, 2014, Federal Register 79(87): 25689- 25707.

U.S. Fish and Wildlife Service. 18 February 2009. Managing Invasive Plants: Concepts, Principles, and Practices; Management Methods: Prescribed Grazing. Accessed 12 September 2012. (http://www.fws.gov/invasives/staffTrainingModule/methods/grazing/impacts.html)

Whitaker, O. J. and W. A. Waters. 1986. Soil survey of Bullitt and Spencer Counties, Kentucky. U.S. Department of Agriculture, Soil Conservation Service in cooperation with Kentucky Natural Resources and Environmental Protection Cabinet and Kentucky Agriculture Experiment Station, Lexington, Kentucky.

White, D. 2012. Personal Communication. Botanist, Kentucky State Nature Preserves Commission, Frankfort, Kentucky.

White, D. 2004. Status Survey of Leavenworthia exigua var. laciniata, Gladecress – 2004 Update on Population Status. Unpublished report prepared by Kentucky State Nature Preserves Commission, Frankfort, Kentucky for U.S. Fish and Wildlife Service, Atlanta, 19 Georgia.

White, D. 1994. Update to the status survey of Leavenworthia exigua var. laciniata. Unpublished report prepared by Kentucky State Nature Preserves Commission, Frankfort, Kentucky for U.S. Fish and Wildlife Service, Asheville, North Carolina.

Yahn, B. 2015. Personal Communication (email correspondence). Vegetation Ecologist, Kentucky State Nature Preserves Commission, Frankfort, Kentucky.

20 APPENDIX

21 Figure 1: The location of the proposed project corridor, Bullitt County, Kentucky (from the BA prepared by Redwing Ecological Services, Inc.).

22 Conservation Site

Impact Site 2

Impact Site 1

Figure 2: The location of the three areas containing Kentucky glade cress in the action area of the proposed project, Bullitt County, Kentucky.

23 Figure 3: Kentucky glade cress impact site 1, Bullitt County, Kentucky (from the BA prepared by Redwing Ecological Services, Inc.).

24 Figure 4: Kentucky glade cress impact site 2, Bullitt County, Kentucky (from the BA prepared by Redwing Ecological Services, Inc.).

25 54-acre tract

1.7 acres 10 plants

39+ plants 0.8 acre

proposed 8-acre tract

280 plants

1 acre

Legend Glade High-quality community Low-quality community Kentucky glade cress occurrence

Figure 5: Proposed Kentucky glade cress conservation site, Bullitt County, Kentucky (figure modified from a map produced by KSNP).

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