APPENDIX C. Threatened and Endangered Species Technical Memorandum

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1 APPENDIX C Threatened and Endangered Species Technical Memorandum

Threatened and Endangered Species Technical Memorandum US 17 Widening from SC 517 to Darrell Creek Trail February 18, 2009, Updated July 2009 This threatened and endangered species assessment was

2 Threatened and Endangered Species Technical Memorandum US 17 Widening from SC 517 to Darrell Creek Trail February 18, 2009, Updated July 2009 This threatened and endangered species assessment was conducted within an existing staked 50 right-of-way that runs parallel to both sides of US Highway 17 from its intersection with SC 517 north to its intersection with Darrell Creek Trail. A Location and USGS Topographic Map is depicted in Figure 1. The project limit is approximately 5.2 miles long. Tidewater personnel performed a site inspection on July 28, 2008 to characterize the available habitat within the project limits and to determine the habitats suitability for federal and state listed species. The results of the species assessment are presented herein. The project study area ranges from approximately 0.5 miles to approximately 1.5 miles inland from marine or estuarine aquatic habitats and is greater than 4 miles inland from beachfront dune habitats. Hence, the project study area does not contain marine or estuarine aquatic or beachfront dune habitats. Therefore, species identified in Table 1 that require those types of habitats were excluded from further consideration. Table 1. Endangered, Threatened, and Special Status Plant and Animal Species Known to Occur or Possibly Occur in Charleston County. SPECIES COMMON NAME SPECIES SCIENTIFIC NAME (* REQUIRES MARINE OR ESTUARINE HABITATS ** REQUIRES BEACHFRONT DUNE HABITATS) STATUS IMPACT West Indian manatee Trichechus manatus* FE Wood stork Mycteria americana FE, SE Red-cockaded woodpecker Picoides borealis FE, SE Bald eagle Haliaeetus leucocephalus SE, BGEPA Piping plover Charadrius melodus** FT, CH Kemp's ridley sea turtle Lepidochelys kempii* FE

3 (Table 1 Continued) SPECIES COMMON NAME SPECIES SCIENTIFIC NAME STATUS IMPACT Leatherback sea turtle Dermochelys coriacea* FE Loggerhead sea turtle Caretta caretta* FT, ST Green sea turtle Chelonia mydas* FT Flatwoods salamander Ambystoma cingulatum FT, SE Shortnose sturgeon Acipenser brevirostrum FE, SE Kirtland's warbler Dendroica kirtlandii FE Least tern Sterna antillarum ST Pondberry Lindera melissifolia FE Canby's dropwort Oxypolis canbyi FE, SE Chaff-seed Schwalbea Americana FE, SE Bachman s warbler Vermivora bachmanii FE, SE Sea-beach amaranth Amaranthus pumilus** FT, ST Red knot Calidris canutus* C Wilson s plover Charadrius wilsonia** ST Spotted turtle Clemmys guttata ST Rafinesque s big-eared bat Corynorhinus rafinesquii SE American swallow-tailed kite Elanoides forficatus SE Dwarf siren Pseudobranchus striatus ST Gopher frog Rana capito SE Tiny-leaved buckthorn Sageretia minutiflora SC Walter s iris Iris hexagona SC Bandana-of-the-Everglades Canna flaccida SC Southern twayblade Listera australis SC

4 (Table 1 Continued) FE = Federally Endangered, FT = Federally Threatened, CH = Critical Habitat, SE = State Endangered, ST = State Threatened, SC = State Species of Concern, BGEPA = Bald and Golden Eagle Protection Act, C = The USFWS or the National Marine Fisheries Service has on file sufficient information on biological vulnerability and threat(s) to support proposals to list this species. Sources: USFWS Species Response, October 9, CFR Part 17. Endangered and Threatened Wildlife Plants; Removing the Bald Eagle in the Lower 48 States from the List of Endangered and Threatened Wildlife; Final Rule. July 9, 2007 SCDNR Rare, Threatened, and Endangered Species Inventory. Species Found in Charleston County, updated January 17, A review of the Charleston County records in the Heritage Trust database, indicates there are no recorded occurrences of federal and/or state threatened or endangered species within the project limits. In addition, a review of the project corridor by biologists on July 28, 2008 and February 9, 2009 failed to identify the presence of any threatened or endangered species or suitable habitat, with the exception of the bald eagle. One bald eagle was spotted flying over the project study area on February 9, Available Habitat The majority of the habitat within the project limits is dominated by upland planted pine and mixed upland forest consisting of a developed canopy of evergreen and deciduous trees. A diverse sub-canopy of various undeveloped canopy and scrub-shrub species is also present. Cropland/Pasture boarders a small portion of the project limits just northeast of the intersection of U.S. Highway 17 and Long Point Road. An open water excavated area is located within the project limits just northeast of the entrance to Snee Farm Country Club. The remainder of the project limits consists of residential and commercial development. Examples of developed canopy species that occur within the upland planted pine and mixed upland forest portion of the project limits include Water Oak (Quercus nigra), Sweetgum (Liquidambar styraciflua), Red Maple (Acer rubrum), Loblolly Pine (Pinus taeda), Southern Magnolia (Magnolia grandiflora), and Blackgum (Nyssa sylvatica). Examples of sub-canopy undeveloped canopy species include Loblolly Pine, Sweetgum, Water Oak, and Red Maple. Scrub-shrub and herbaceous species include Muscadine (Vitis rotundifolia), Waxmyrtle (Myrica cerifera), Virginia Creeper (Parthenocissus quinquefolia), Chinese Privet (Ligustrum sinense), and Pepper Vine (Ampelopsis arborea). The moderate to low quality of the available habitat within the project limits indicates that past disturbance has occurred. The level of disturbance or impairment of a system affects the system s ability to support appropriate habitat for some threatened/endangered species. Furthermore, many of the listed species have specific habitat requirements.

5 Potential and Known Threatened and Endangered Species The aquatic and natural resources in Charleston County support the following known federally listed threatened and/or endangered species (updated list of March 2008). These species, and their associated threat status, are listed below. West Indian manatee (Trichechus manatus) Endangered (Known) Bald Eagle (Haliaeetus leucocephalus) BGEPA (Known) Bachman s warbler (Vermivora bachmanii) Endangered (Known) Wood stork (Mycteria americana) Endangered (Known) Red-cockaded woodpecker (Picoides borealis) Endangered (Known) Piping plover (Charadrius melodus) Threatened (Known) Kemp's ridley sea turtle (Lepidochelys kempii) Endangered (Known) Leatherback sea turtle (Dermochelys coriacea) Endangered (Known) Loggerhead sea turtle (Carretta carretta) Threatened (Known) Green sea turtle (Chelonia mydas) Threatened (Known) Flatwoods salamander (Ambystoma cingulatum) Threatened (Known) Shortnose sturgeon (Acipenser brevirostrum) Endangered (Known) Sea-beach amaranth (Amaranthus pumilus) Threatened (Known) Pondberry (Lindera melissifolia) Endangered (Possible) Canby s dropwort (Oxypolis canbyi) Endangered (Known) American chaffseed (Schwalbea americana) Endangered (Known) Kirtland's Warbler (Dendroica kirtlandii) Endangered (Known) Red Knot (Calidris canutus) Sufficient Information to Support Listing (Known) Please note that as of August 8, 2007, the Bald Eagle was removed from the list of T&E species and will no longer be protected under the Endangered Species Act. However, the Bald Eagle remains protected under the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act. Under the BGEPA, specific habitat management guidelines must be followed. Also, the Bald Eagle is still classified as a state endangered species, as noted below. The Red Knot is not currently a federally listed species. However, the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service have/has on file sufficient information on biological vulnerability and threat(s) to support proposals to list this species. A review of state records indicated the likelihood of seventeen state species listed for Charleston County. These species, and their associated threat status, are listed below.

6 Bald eagle (Haliaeetus leucocephalus) State Endangered Bachman s warbler (Vermivora bachmanii) Federal/State Endangered Wood stork (Mycteria americana) Federal/State Endangered Red-cockaded woodpecker (Picoides borealis) Federal/State Endangered Wilson s plover (Charadrius wilsonia) State Threatened Loggerhead sea turtle (Caretta caretta) Federal/State Threatened Flatwoods salamander (Ambystoma cingulatum) Federal Threatened/State Endangered Shortnose sturgeon (Acipenser brevirostrum) Federal/State Endangered Sea-beach amaranth (Amaranthus pumilus) Federal/State Threatened Canby s dropwort (Oxypolis canbyi) Federal/State Endangered American chaffseed (Schwalbea americana) Federal/State Endangered Spotted turtle (Clemmys guttata) State Threatened Rafinesque s big-eared bat (Corynorhinus rafinesquii) State Endangered American swallow-tailed kite (Elanoides forficatus) State Endangered Dwarf siren (Pseudobranchus striatus) State Threatened Gopher frog (Rana capito) State Endangered Least tern (Sterna antillarum) State Threatened The database of the Heritage Trust Division of the South Carolina Department of Natural Resources (SCDNR) was queried to obtain information regarding known occurrences of federal and state listed protected species in the vicinity of the project limits. Because of the location of the project limits, four separate quads (Fort Moultrie, Cainhoy, Sewee Bay, and Capers Inlet) were combined to create an overview of the project area. According to the database, there are no recorded occurrences of federal and/or state T&E species within the project limits (the existing 50 right-of-way). Figure 2 illustrates the information identified in the Heritage Trust Database. The numbered red markers indicate an occurrence of a protected species or a species of concern. Numbered markers on the Quads (Figure 2) correlate to the following known protected threatened and/or endangered species occurrences within a one mile radius of the project limits: Fort Moultrie Quad 4. Walter s Iris (Iris hexagona) 6. Southern Twayblade (Listera australis)

7 12. Pondspice (Litsea aestivalis) As clarification, species identified in the Database but not identified on federal & state T&E species lists are Species of Concern. These species do not carry the same level of protection as T&E species. Discussion of Threatened and Endangered Species Suitable habitat does not exist within the project limits to support the West Indian manatee, Redcockaded woodpecker, Piping plover, Kemp s ridley sea turtle, Leatherback sea turtle, Loggerhead sea turtle, Green sea turtle, Flatwoods salamander, Shortnose sturgeon, Seabeach amaranth, Red knot, or Wilson s plover. The Bald Eagle typically constructs its nest near water since its diet is largely dependent upon fish and small waterfowl. In the southeast, the nesting period is during the fall, winter, and early spring months when foraging is easier due to the reduction in aquatic vegetation. The nesting period/breeding season in the southeast is considered to be from October 1 to May 15. The Bald Eagle generally nests in large, live pine trees. There aren t any large live pine trees that are the preferred nesting site of Bald Eagles within the project limits, nor would the area within the project limits be used by foraging eagles. Furthermore, no Bald Eagles were observed on the day of the site inspection. The Bachman s Warbler breeds in the southeastern United States and winters in western Cuba and the Isle of Pines. Historic records indicate the Bachman s Warbler nested in low, wet forested areas containing variable amounts of water, but usually with some water that was permanent such as forested areas with sweet gum, oaks, hickories, black gum, and other hardwoods; and where there was an opening in the forest canopy, the ground being covered with dense thickets of cane, palmetto, blackberry, gallberry, and other shrubs and vines. When not on or near their nests, which were located near the ground, the birds were observed high in the tree tops, especially during migration (late summer and early spring). No confirmed breeding records have been reported from the United States since the mid-1960s. While suitable habitat may be available for Bachman s Warbler within the project limits, none were observed on the day of the site inspection. Wood Storks can be found in swamps, marshes, and ponds in the southern United States, and as far south as Argentina in South America. Wood Storks are wading birds that walk along slowly in shallow waters looking for food such as small fish, tadpoles, and crayfish. The Wood Stork is a resident late winter breeder in lowland wetlands and builds large stick nests in the tops of developed trees. Wood Storks live in colonies called rookeries. Suitable habitat to support Wood Stork rookeries is very limited within the project limits and no derelict Wood Stork

8 nests were observed on the day of the site inspection. Furthermore, no Wood Storks were observed on the day of the site inspection. Pondberry, also called Southern Spicebush, is a perennial, deciduous medium-sized shrub that grows on the margins of sinks, ponds, and swampy depressions in lowland forests and pinelands. These depressions are typically underwater (up to 12 inches) during the spring but are dry by autumn. This shrub produces pale yellow flowers in February or March before its leaves emerge. Pondberry leaves are long, oval, untoothed and droop from the branches. The lower surface of each leaf is slightly hairy. The leaves have a strong sassafras-like aroma when crushed. Pondberry produces bright red elliptical fruits during late summer; fruits mature during the fall. Pondberry competes poorly with shade-intolerant plants and is most often found in shaded areas. While suitable habitat may be available for Pondberry within the project limits on the margins of ponds and depressions, Pondberry was not identified within the project limits on the day of the site inspection. A perennial plant, Canby's Dropwort stands 2.5 to 4 feet tall. Its leaves are quill-like and bear compound umbels of small flowers. These five-parted flowers have white petals and pale green sepals, some of which are tinged with red. The plant has a slight dill fragrance. This plant grows in coastal plain habitats including wet meadows, wet pineland savannas, ditches, sloughs, and around the edges of Cypress-pine ponds. The healthiest populations seem to occur in open bays or ponds which are wet most of the year and have little or no canopy cover. While suitable habitat may be available for Canbby s Dropwort within the project limits within roadside ditches and on the edge of the open water pond, Canby s Dropwort was not identified within the project limits on the day of the site inspection. American Chaffseed is an erect perennial herb with unbranched stems (or stems branched only at the base) with large, purplish-yellow, tubular flowers that are borne singly on short stalks in the axils of the uppermost, reduced leaves. The leaves are alternate, lance-shaped to elliptic, stalkless, 1 to 2 inches long, and entire. The entire plant is densely, but minutely hairy throughout, including the flowers. Flowering occurs from April to June in the South. Chaffseed fruits are long, narrow capsules enclosed in a sac-like structure that provides the basis for the common name. Fruits mature in early summer in the South. American Chaffseed occurs in sandy (sandy peat, sandy loam), acidic, seasonally moist to dry soils. It is generally found in habitats described as open, moist pine flatwoods, fire-maintained savannas, ecotonal areas between peaty wetlands and xeric sandy soils, and other open grass-sedge systems. Chaffseed is dependent on factors such as fire, mowing, or fluctuating water tables to maintain the crucial open to partly-open conditions that it requires. While suitable habitat may be available for American Chaffseed within the project limits, American Chaffseed was not identified within the project limits on the day of the site inspection.

9 Kirtland s Warbler is a neotropical migratory bird that has bluish-grey upper parts with dark streaks on the back and yellow underparts with streaked flanks. They have thin wing bars, dark legs and a broken white eye ring. No Kirtland s Warblers were observed on the day of the site inspection. The Spotted Turtle is a small turtle with a shell that can grow between 3.5 to 5 inches. Their upper shell ranges in color from black to a blueish black with a number of yellow or creamcolored tiny round spots that are scattered on its smooth and broad upper shell. Spotted Turtles are semi-aquatic and inhabit a variety of shallow, well-vegetated freshwater areas such as marshes, wet meadows, bogs, fens, swamps, Carolina bays, and woodland streams and drainage ditches in the Eastern U.S. While suitable habitat may be available for the Spotted Turtle within the project limits, no Spotted Turtles were observed within the project limits on the day of the site inspection. As well, these turtles are not federally listed species; therefore, they are not afforded the same protection as federal T&E species. Rafinesque s Big-Eared Bat occurs in forested regions largely devoid of natural caves. Its natural roosting places are in hollow trees, crevices behind bark, and under dry leaves. Rafinesque s Big-Eared Bat has also been found roosting in abandoned buildings and under bridges. Colonies consist of several to a hundred individuals. While suitable habitat may be available for Rafinesque s Big-Eared Bats within the project limits, no Rafinesque s Big-Eared Bat s were observed on the day of the site inspection. As well, these bats are not federally listed species; therefore, they are not afforded the same protection as federal T&E species. The American Swallow-Tailed Kite has a long, deeply forked tail and a distinctive black and white plumage. Its head and underparts are white, except for the black tail and primary flight feathers. The back is also black. From March to June, American Swallow-Tailed Kites breed from South Carolina south to Florida and west to Louisiana. American Swallow-Tailed Kites prefer wooded swamps, marshes, and hardwood forests and they require very tall living trees for nesting. No American Swallow-Tailed Kites were observed on the day of the site inspection. As well, these birds are not federally listed species; therefore, they are not afforded the same protection as federal T&E species. Dwarf Sirens are thin, slimy salamanders that have long bodies with bushy gills and small, three-toed forelegs. Coloration is generally brown, black, or gray, with yellow or tan stripes on the back and sides. Adults reach a maximum length of cm. The Dwarf Siren prefers cypress ponds, ditches, swamps and marshes, and other aquatic and semi-aquatic habitats. While suitable habitat may be available for Dwarf Sirens within the project limits, no Dwarf Sirens were observed on the day of the site inspection. As well, Dwarf Sirens are not federally listed species; therefore, they are not afforded the same protection as federal T&E species.

10 The Gopher Frog is endemic to the Southeastern United States. Its primary habitat includes sandhill communities, pine flatwoods, and scrub in the Atlantic coastal plain where it is usually found near ponds. These nocturnal frogs are noted for their short, stubby appearance. Their backs are marked heavily with dark spots, sometimes causing a clouded pattern. Their dorsolateral ridges are very distinctive. The Gopher Frog usually spends daylight hours in burrows, holes, or tunnels that are created by other animals. The Gopher Frog breeds on spring nights in very wet conditions. While suitable habitat may be available for Gopher Frogs within the project limits, no Gopher Frogs were observed on the day of the site inspection. As well, Gopher Frogs are not federally listed species; therefore, they are not afforded the same protection as federal T&E species. Least Terns typically nest on the sandy beaches of barrier islands and along isolated stretches of the mainland shore. They also occupy dredge spoil areas and gravel-covered rooftops of warehouses located nearby water. Suitable habitat (gravel-covered rooftops) for Least Terns is potentially available within the project limits; however none were identified within the project limits during the site inspection. As well, these birds are not federally listed species; therefore, they are not afforded the same protection as federal T&E species. The SCDNR Heritage Trust database depicts Walter s Iris, Southern Twayblade, and Pondspice within a one-mile radius of the project limits. However, these species are listed as state species of concern. Therefore, they are not afforded the same protection as federal T&E species. Furthermore, the known recorded occurrences of these species are not present in the project limits. Conclusions Suitable habitat is not available within the project limits to support a number of federally and/or state listed T&E species, as noted above. Although suitable habitat may potentially be available for the remainder of the species noted above, no federal and/or state T&E species were observed within the project limits on the day of the site inspection. Furthermore, the Heritage Trust Database did not reveal any known recorded occurrences of federal and/or state listed T&E species within the project limits. It appears that the conversion of habitat for commercial, residential, and transportation purposes, as well as incompatible land management practices, have led to the destruction, degradation, and/or conversion of suitable habitat that may have been available for T&E species prior to impact. Therefore, no further T&E species assessment within the project limits is recommended at this time. There is, however, the potential for future occurrences of T&E species since the list of federal and/or state T&E species can be modified, and since populations can diversify over time in response to natural migration and habitat changes. Based on the lack of suitable habitat, no observations of the listed species, and no other indicators of species presence during field surveys, results of the assessment indicate that

11 the proposed action is not likely to listed species. Concurrence with these findings was issued by the USFWS and is included with this document.

Box 191, Columbia, SC 29202-0191 Figure 1: Project Vicinity

12 Project Limits U.S. Hwy. 17 from its intersection with SC 517 north to its intersection with Darrell Creek Trail South Carolina Department of Transportation P.O. Box 191, Columbia, SC Figure 1: Project Vicinity Map U.S. Highway 17 Road Widening Threatened and Endangered Species List Request Source: SCDOT Scale: Not To Scale Date: October 1, 2008

Site Location/Habitat Descriptions

Site Location/Habitat Descriptions February 10, 2016 Commissioners of Public Works 103 St. Phillips Street Charleston, SC 29403 Attention: Reference: Mr. Frank Crawford Protected Species Assessment TMS No. 475-12-00-089 S&ME Project No.