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HomeMy WebLinkAbout20180135 Ver 2_TheFarm_NWP29_WQC_App_1.29.25_20250129EXCELLENCE IN ANY ENVIRONMENT
January 29, 2025
Mr. Joey Winston
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Ms. Stephanie Goss
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Simple Life — The Farm (+/- 10.45 Ac)
Nationwide Permit 29 and Individual Water Quality Certification Request
Action ID: SAW-2024-00670 / DWR# 18-0135
Henderson County, North Carolina
Dear Mr. Winston and Ms. Goss,
The attached Pre -Construction Notification (PCN) is submitted on behalf of Simple Life
Farm at Flat Rock, LLC, represented by Michael McCann. The project site is
approximately 10.45-acres and is a portion of Henderson County parcel: 9588620283.
The site is located at 143 Thumper Woods Lane, Flat Rock, in Henderson County, North
Carolina (35.301799,-82.397844).
The applicant is seeking a Nationwide Permit 29 and corresponding individual water
quality certification for wetland impacts associated with residential development of this
tract. This site had a Delineation Concurrence issued on May 20, 2024. This project site
(The Farm) will have shared amenities and private access roads with the previously
permitted tiny house community next door (The Village).
Please do not hesitate to contact me at 828-698-9800 ext. 302 if you have any questions
regarding the attached application and supplemental information. A copy of this
application has been sent via email to Mr. Tyler Hickman, NC Division of Water Resources
(Asheville Office); and Mr. Byron Hamstead, US Fish & Wildlife Service (Asheville Office).
Sincerely,
Tyson Kurtz
Biologist, P.W.S.
Copy issued:
NCDEQ Division of Water Resources (Asheville Office) — Tyler Hickman
USFWS (Asheville Office) — Byron Hamstead
EnviroScienceTM
145 7th Avenue West I Suite B
Hendersonville, NC 28792
Preliminary Data Entry Fields for New Actions
SAW — 2024 - 670
1. Project Name:
Simple Life
- The Farm
2. Work Type:
Private ❑✓
Institutional
❑
Government ❑
Commercial ❑
3. Project Description / Purpose:
NWP 29 and Individual WQCs for a +/- 10.45 acre tract of land proposed for residential
development and associated infrastructure.
4. Property Owner /Applicant:
Simple Life Farm at Flat Rock, LLC, Attn: Michael McCann
5. Agent / Consultant: EnviroScience, Inc.
6. Related Action ID Number(s): SAW-2017-02552
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site is located at 143 Thumper Woods Lane, Flat Rock, in Henderson County, North
Carolina. 35.301799,-82.397844
8. Project Location - Tax Parcel ID: 9588620283 - See attached parcel report
9. Project Location — County: Henderson
10. Project Location — Nearest Municipality or Town : Flat Rock
11. Project Information — Nearest Waterbody: Dunn Creek (C)
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20210513
EnviroScience TNI
Department of the Army
Wilmington District, Corps of Engineers
Attu: Tommy Fennel, Chief Regulatory Division
PO Box 1990
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Stephanie Goss
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby authorize
EnviroScience, to act on my behalf as my agent during the processing of jurisdictional
determination requests and permits to impact Wetlands and Water of the US subject to federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899. EnviroScience is authorized to provide supplemental information as needed at the
request of the USACE or DWR.
Additionally, 1 authorize representatives of the Wilmington District, US Army Corps of Engineers
to elite upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: Simple Life Farm at Flat Rock, LLC
Property Owner Address: 135 2nd Ave N, Jacksonville Beach, FL 32250
Phone Number: 904.982.1545; 904.451.4744
Email address: mike@simple-life.com; gwahila@simple-life.com
Property Location:
143 Thumper Woods Lane, Fiat Rock, NC 28731
Owner/Managing partner Signature:
Owner/Managing printed name:
Michael McCann
Date: 0 1.1525
L
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone:828-698-9800
www.enviroscienceinc.com
Henderson Countv. NC Tax Parcel ReDort Thursday. January 16. 2025
Parcel Information
REID:
1005022
Pin:
9588620283
HOOTS, MYRA LYNN;HOOTS,
VICTOR KEITH JR;HARDIN, JANE
Listed to:
ELIZABETH HOOTS;AYTES, BART
Neighborhood:
BLUE RIDGE (B)
WAYNE;JOHNSON, DORIS ELAINE
HOOTS;PATTERSON, AUTUMN JEAN
HOOTS;HOOTS,
Mailing Address:
111 CREST RD
Township:
Blue Ridge
Mailing City, State, Zip:
E FLAT ROCK, NC 28726
Municipality:
Physical Address:
143 THUMPER WOODS LN
Tax District:
Deed:
02005E/00533
Plat:
Not Available
Date Recorded:
2005-07-28 00:01:00.0
Elementary School District:
UPWARD
Revenue Stamps:
0
Middle School District:
FLAT ROCK MIDDLE
County Zoning:
R1
High School District:
EAST HIGH
Property Description:
SR1792 OFF ORCHARD RD
Soil:
Map Sheet:
9588.00
Voting Precinct:
Blue Ridge South
Assessed Acreage:
29.09000000
Commissioner District
4
Building Value:
$0.00
Agricultural District
None Found
Land Value:
$301,900.00
North Carolina House District
117
Value To Be Billed:
$65,400.00
U.S. House District
11
Zone AE, 1 % (100 Year
North Carolina Senate District 48
Flood Zone:
Floodplain),Zone X, Not Shaded
'e
THIS IS NOT A SURVEY.
Henderson County
Geographic Information Systems (GIS) All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital
200 North Grove Street media, shall be at the userM-S own risk. Henderson County makes no warranties or guarantees, including the warranties of
Hendersonville, NC 28792
merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic,
P: (828) 698-5124 legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined
F: (828) 698-5122 by a registered Public Land Surveyor, and does not meet the minimum accuracy
standards of a Land Information
System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608).
STATF
*fie auwvnn�
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2017-02552 Date received: [Click to enter.]
DWR project no. [Click enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.301799
Longitude (DD.DDDDDD): 82.397844
Form Version 4.3, February 22, 2024
Pre -Construction Notification (PCN) Form
(Ver. 4.3, February 22, 2024)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk * are required. The form is not considered complete until all
mandatory questions are answered.
The PCN help document may be found at this link:
https://www.deg. nc.gov/water-resources/pcn-help-document-last-updated-1162024
Page 1 of 21 PCN Form Version 4.3- February 22, 2024
A. Processing Information
County (counties) where project is located: *
Henderson County
Is this an ARPA project? *
❑ Yes ❑x No
If yes, ARPA project number:
* The project number can be found on the "Letter of Intent to Fund"
(LOIF) or "Offer and Acceptance Letter". If you are unable to locate
Click or tap here to enter text.
your DWI ARPA Funding Project Number, please contact Corey
Basinger at corey.basinger@ncdenr.gov for further assistance.
Is this a NCDMS project? *
(Click yes only if NCDMS is the applicant or co-
❑ Yes ❑x No
applicant)
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
❑ Yes ❑x No
or airport project)
Is this a NCDOT project? *
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number: %
Click to enter.
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
1 a. Type(s) of approval sought from the Corps: %
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Has this PCN previously been submitted? *
❑ Yes ❑x No
Please provide the date of the previous submission. *
Click to enter a date.
❑x Nationwide Permit (NWP)
1 b. What type(s) of permit(s) do you wish to seek
❑Regional General Permit (RGP)
authorization? *
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required
items can be included as attachments and
submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps? *
❑ Yes ❑x No
NWP number(s) (list all numbers ):
29
RGP number(s) (list all numbers ):
Click to enter.
Are you a federal applicant?
❑ Yes ❑x No
If yes, please provide a statement concerning compliance with
the Coastal Zone Management Act
Click to enter text.
1d. Type(s) of approval sought from DWR (check all that apply):
❑ 401 Water Quality Certification — Regular
❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit
❑ Riparian Buffer Authorization
❑x Individual 401 Water Quality Certification
Is this a courtesy copy notification
❑ Yes ❑x No
Page 2 of 21 PCN Form Version 4.3- February 22, 2024
1 e.
Is this notification solely for the record because written approval is not required? x
For the record only for DWR 401 Certification: *
❑ Yes
❑x No
For the record only for Corps Permit: x
❑ Yes
❑x No
1f.
Is this an after -the -fact permit/certification application? *
❑ Yes
❑x No
1 g.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
® Yes
❑ No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h.
Is the project located in any of NC's twenty coastal counties? x
❑ Yes
❑x No
1 i.
Is the project located within an NC DCM Area of Environmental
Concern (AEC)? *
❑ Yes
❑x No ❑ Unknown
1 j.
Is the project located in a designated trout watershed? *
❑ Yes
❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 3 of 21 PCN Form Version 4.3- February 22, 2024
B. Applicant Information
1 a. Who is the primary contact? %
Tyson Kurtz
1 b. Primary Contact Email: *
tkurtz@enviroscienceinc.com
1 c. Primary Contact Phone: * (###)###-####
828-698-9800 ext. 302
1 d. Who is applying for the permit/certification? * (check
all that apply)
❑ Owner ❑x Applicant (other than owner)
1 e. Is there an agent/consultant for this project?T
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed: *
Simple Life Farm at Flat Rock, LLC
2b.
Deed Book and Page No.:
** will change in February when acquisition is
complete
2c.
Contact Person (for corporations):
Michael McCann
2d.
Address *
Street Address:
135 2nd Ave N
Address line 2:
Click to enter.
City:
Jacksonville
State/ Province/ Region:
FL
Postal/ Zip Code:
32250
Country:
USA
2e.
Telephone Number: * (###)###-####
904-982-1545
2f.
Fax Number: (###)###-####
n/a
2g.
Email Address: *
mike@simple-life.com
3.
Applicant Information (if different from owner)
3a.
Name: *
Click to enter.
3b.
Business Name (if applicable):
Click to enter.
3c.
Address: *
Street Address:
Click to enter.
Address line 2:
Click to enter.
City:
Click to enter.
State/ Province/ Region:
Click to enter.
Postal/ Zip Code:
Click to enter.
Country
Click to enter.
3d.
Telephone Number: * (###)###-####
Click to enter.
3e
Fax Number: (###)###-####
Click to enter.
Page 4 of 21 PCN Form Version 4.3- February 22, 2024
3f. Email Address: % Click to enter.
4.
Agent/ Consultant (if applicable)
4a.
Name: *
Tyson Kurtz
4b.
Business Name:
EnviroScience, Inc.
4c.
Address: *
Street Address:
145 7th Avenue W.
Address line 2:
Suite B
City:
Hendersonville
State/ Province/ Region:
NC
Postal/ Zip Code:
28792
Country:
USA
4d.
Telephone Number: x (###)###-####
828-698-9800 ext. 302
4e
Fax Number: (###)###-####
n/a
4f.
Email Address: x
tkurtz@enviroscienceinc.com
Agent Authorization Letter:*
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw. usace. army. m il/Missions/Regulatory- Perm it- Program/Perm its/201 7 - Nationwide- Perm its/Pre-
construction- Notification/
Page 5 of 21 PCN Form Version 4.3- February 22, 2024
C. Project Information and Prior Project History
1. Project Information
1 a. Name of project: *
Simple Life — The Farm
1 b. Subdivision name (if appropriate):
Click to enter.
1c. Nearest municipality/town: *
East Flat Rock
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
9588620283
2b.
Property size (in acres):
10.45
2c.
Project Address:
Street Address:
143 Thumper Woods Lane
Address line 2:
City:
East Flat Rock
State/ Province/ Region:
NC
Postal/ Zip Code:
28726
Country:
USA
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point):
Latitude (DD.DDDDDD): x 35.301799
Longitude (-DD.DDDDDD): %-82.397844
3. Surface Waters
3a. Name of nearest body of water to proposed project: %
Dunn Creek
3b. Water Resources Classification of nearest receiving
C
water: *
The Surface Water Classification map may be found at this link:
https://experience.arcgis.com/experience/7073e9l 22ab74588b8c48ded34c3df55/
French Broad
3c. In what river basin(s) is your project located? *
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
060101050301
located:
The Find Your HUC map may be found at this link:
https://ncdenr. maps.arcgis.com/apes/PublicInformation/index. html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 6 of 21 PCN Form Version 4.3- February 22, 2024
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: x
The project site is a fallow agricultural field with forested areas along the southern and western boundaries. Dunn
Creek runs along the western edge and has a mature, forested floodplain. The site is relatively flat with a ditch
that drains the field to Dunn Creek. The ditch is a wettand that transitions to a stream about halfway downslope.
There are high -density residential developments abutting the site to the east and west. A mixture of low -high
density residential and undeveloped lands in the project's vicinity.
4b. Have Corps permits or DWR certifications been obtained for this
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past? *
If yes, please give the DWR Certification number and/or Corps
SAW-2017-02552
Action ID (ex. SAW-0000-00000):
DWR# 18- 0135
Attach any pertinent project history documentation
4b2. Is any portion of the work already complete? %
® Yes ❑ No
If yes, describe the completed work.
No work has been done on the current/proposed "The Farm" project site. "The Village" work is completed. See
attached Appendix A for a copy of the 401 Permit that was issued for "The Village" which can be considered
Phase 1 of this tiny house community. A public copy of the the 404 permit is not available. The AJD from the
DWR project file is included in Appendix A along with a table summarizing the prior impacts.
4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work
described in this application not related to the 404 or 401.
4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8'/2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
0.150 acres
property:
4g. List the total estimated linear feet of all existing streams (intermittent
898 linear feet
and perennial) on the property:
4g1. List the total estimated acreage of all existing open waters on the
0.000 acres
property:
4h. Explain the purpose of the proposed project:
The purpose of the project is to authorize development of a tiny house community that needs a minor wetland
impact for one of the access roads and several building lots.
Page 7 of 21 PCN Form Version 4.3- February 22, 2024
4i. Describe the overall project in detail, including the type of equipment to be used: *
The project proposes a tiny -house community with 60 lots/units, two roads, two amenity ponds (off-line),
municipal utility line connections, a walking path, and an underground stormwater BMP (Figure 5.0-5.1). This
community is named The Farm.
The Farm will have two roads; one that connects in two places to the existing roads in the abutting tiny house
community to the east (named The Village), and a secondary exit out to Thumper Woods Lane. The Farm has
shared amenities with The Village so these projects are considered cumulative in terms of impacts to aquatic
resources.
The alignment of both proposed roads crosses over a section of wetland ditch, proposed as wetland impact W1.
Multiple building lots also overlap W1. The wetland ditch is proposed to be filled up to the interection of the two
wetland ditches, to avoid cutting off connectivity of the ditch system.
An extension to the municipal water line is proposed from the northern extent of the project boundary, along the
edge of Thumper Woods Lane. At the end of Thumper Woods Lane, the line will cross South Orchard Road to
the existing tie-in location. Figure 5.1 shows the off -site alignment that runs along a dry hilltop.
A gravity fed sewer line network is proposed to collect wastewater from each lot, draining to a pump house
located near the lowest point of the LOD. A section of forcemain is proposed to pump the wastewater uphill to the
existing tie-in located in The Village (See Figure 5.0).
Due to mandatory mitigation of wetland impacts, based on the cumulative nature of the project, the NC Wetland
Assessment Method (NC WAM) was conducted for the proposed wetland ditch impact area. The applicant
respectfully requests a 1:1 mitigation ratio for Wetland Impact site W1 on The Farm due to it's "Low" functional
score. NC WAM was unable to be conducted at the wetland impact sites at The Village, but a review of the PCN
submitted for The Village along with aerial imagery was reviewed for assisting in the proposed mitigation ratio. A
2:1 mitigation ratio for The Villages Wetland Impact site W1 and a 1:1 mitigation ratio for Wetland Impact site W2.
Appendix C includes the NCWAM datasheets and results page, a table summarizing the proposed mitigation
credit needs, a photolog of the proposed impact area.
Typical construction equipment will be used on site including bulldozers, excavators, dump trucks, etc.
Commencement of the project is proposed in the spring/summer of 2025. The applicant is planning to conduct
necessary tree cutting (+/- 2.0 Ac) for The Farm prior to March 31, 2025 to avoid adverse impacts to potential
summer bat habitat. The results of the FWS D-Key for the tri-colored and northern long-eared bat, along with the
entire habitat assessment for federally listed species is included in Appendix D.
Site constraints include property line setbacks, the FEMA 100-year floodplain, the need for multiple points of
access, stormwater management BMPs, local stream buffers, and aquatic resources.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
4k. Will this activity involve dredging in wetlands or waters? *
❑ Yes 0 No
If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area.
Page 8 of 21 PCN Form Version 4.3- February 22, 2024
5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on
the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
See below.
5b.
If the Corps made a jurisdictional determination,
❑ Preliminary ❑ Approved 0 Emailed concurrence
what type of determination was made? *
❑ Not Verified ❑ Unknown ❑ n/a
Corps AID number (ex. SAW-0000-00000):
SAW-2024-00670
Name (if known): T. Kurtz and M. Beyer
5c.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: EnviroScience (formerly
areas?
ClearWater, an EnviroScience Company)
Other: Click to enter.
5d.
List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
The Delineation Concurrence was emailed on May 20, 2024 (Appendix B). A site visit was conducted by the
Corps to review the delineation.
5d1. Attach jurisdictional determinations.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
There are currently no future proposed phases. This site can be considered a second phase of the previously
developed tiny -house community called "The Village" which has shared access and amenities with "The Farm".
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant crossings
for linear projects that require Department of the Army authorization but don't require pre -construction
notification.
See Section CA.b.-b2 above and Appendix A.
7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be
entered here, please attach a supplemental list)
The proposed wetland ditch impact is near the center of a larger parcel, for which the project boundary is
currently being purchased from that landowner. The project boundary will be divided out of that larger parcel. The
current owners are aware of the project and what is proposed on -site.
8. Scheduling of activity:
ASAP once all required permits/approvals are obtained. Anticipated to be spring/summer of 2025.
Page 9 of 21 PCN Form Version 4.3- February 22, 2024
D. Proposed Impacts Inventory
Impacts Summary
la. Where are the impacts associated with your project
(check all that apply):
❑x Wetlands
❑ Buffers
❑ Pond Construction
❑ Streams - tributaries
❑ Open Waters
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason/Type%
2b.
Impact
Duration*
2c.
Wetland Type*
2d.
Wetland Name*
2e.
Forested
?*
2f.
Jurisdiction
Type*
2g.
Impact Area
(ac)*
W1
Fill (Incl.
Riprap)
Permanent
Headwater
Forest
WA
Yes
Both
0.021
W2
Choose one
Temp/ Perm
Choose one
Click to enter
Y/1'
Choose one
Click to enter
W3
Choose one
Temp/ Perm
Choose one
Click to enter
Y/1.
Choose one
Click to enter
W4
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W5
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W6
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W7
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W8
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W9
Choose one
Temp/ Perm
Choose one
Click to enter
Y/1,
Choose one
Click to ent(
W10
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W11
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W12
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W13
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W14
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to entc
W15
Choose one
Temp/ Perm
Choose one
Click to enter
Y/1'
Choose one
Click to enter
2g1. Total temporary wetland impacts
0 ac
2g2. Total permanent wetland impacts
0.021 ac
2g3. Total wetland impacts
0.021 ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Clean fill — approximately 25 cubic yards.
2i. Comments:
Click to enter text.
Page 10 of 21 PCN Form Version 4.3- February 22, 2024
3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #*
3a
Impact
Reason*
3b.
Impact
Duration*
3c.
Impact Type*
3d.
Stream Name*
3e.
Stream
Type*
3f.
Jurisdiction
Type*
3g.
Stream Width
(avg ft) *
3h.
Impact length
(linear ft) *
S1
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S2
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S3
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S16
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S17
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S18
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S19
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S20
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch
impact:
Click to enter. linear ft
12. Total permanent stream
impacts:
Click to enter. linear ft
M. Total temporary stream
impacts:
Click to enter. linear ft
3i4. Total stream and ditch
impacts:
Click to enter. linear ft
3j. Comments:
Click to enter.
Page 11 of 21 PCN Form Version 4.3- February 22, 2024
4.
Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
Site #*
4a1.
Impact Reason
4b.
Impact
Duration*
4c.
Waterbody Name*
4d.
Activity Type*
4e.
Waterbody
Type*
4f.
Impact area
(ac)*
01
dick to ent(_
Temp/ Per
Click to enter.
Choose one
;hoose one
Click to enter.
02
Click to enter.
Temp/ Perm
Click to enter.
Choose one
;hoose one
Click to enter.
03
dick to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
05
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete the table
below. (*This
does NOT include offline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts (ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Trout Pond
0
0
0
0
0
0
0.2
P2
Aesthetics
0
0
0
0
0
0
0.8
P3
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Clicl
enter.
enter.
enter.
enter.
enter.
enter.
entL
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5g.
Comments:
Two ponds to be excavated in uplands. Amenity ponds for
esthetics and
fishing.
5h.
Is a dam high hazard permit required?
❑ Yes ❑x No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
1
5j.
Size of pond watershed (acres):
15
5k.
Method of construction:
Excavation in uplands
Page 12 of 21 PCN Form Version 4.3- February 22, 2024
6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
* (Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to enter.
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
5g.
Zone 2 Impact*
(sq ft)
131
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
132
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
133
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
134
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
135
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
136
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
137
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
138
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
139
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
1311
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B12
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B13
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B14
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B15
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B16
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B17
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B18
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B19
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B20
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
No impacts to state buffers
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 13 of 21 PCN Form Version 4.3- February 22, 2024
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
The design is based on maximizing the amount of units that will fit on site given the constraints (described in
section C.4i. above). The project design avoids impacts to 898 LF of stream (100% of streams on site) and 0.129
acres of wetland (86% of wetlands on site).
To connect The Farm to The Village, extensions of the existing roads in The Village mandate where the roads on
The Farm will start. A secondary point of access, for safety reasons, is proposed in the only portion of the site
where there is practicable access to connect to an existing public road. That secondary exit mandates where the
road alignment can occur. Based on the orientation of the wetland ditches, if the access road to Thumper Woods
Lane had to avoid the wetland ditch (WA) completely, an estimated 5-10 lots would be lost.
The initial preliminary site layout proposed impacts to Stream SB, Wetlands WB, and WA for the northern row of
lots/building pads. Wetland WC was proposed for impact to grade the road bed. Wetland WE was proposed to
be within the footprint of pond P1. That design was revised to place the northern row of lots off of the ditch line,
avoiding SA and WB and the footprint of P1 was narrowed to avoid WE. The revised design still proposed minor
impacts to WC for a stormwater basin. However, to avoid WC and to keep all development out of the 100-year
floodplain, the stormwater pond was switched to an underground BMP, which preseves the entiretly of WC in the
finalized layout (See Figure 5.0).
The off -site alignment of the water line extension does not cross any streams or wetlands.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
Construction equipment will be operated from high ground to avoid impacts to the remaining jurisdictional
features. Appropriate sediment and erosion control measures will be utilized on site.
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? % ❑ DWR ❑x Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank
project? * (check all that apply) ❑x In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Environmental Banc & Exchange, LLC (RES)
3b. Credits purchased/requested:
Type: Riparian Wetland
Quantity 0.049 Ac
Type: Choose one
Quantity
Type: Choose one
Quantity
Attach receipt and/or approval letter.
3c. Comments:
Statement of Availability (Appendix D) is for all the credits available. The remainder requested by NC DMS (see
below).
Page 14 of 21 PCN Form Version 4.3- February 22, 2024
4. Complete if Using an In Lieu Fee Program
4a. Attach approval letter from in lieu fee program.
4b. Stream mitigation requested:
0 linear feet
4c. If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.ops.usace.army.miI/ords/f?p=107:2::::::
4d. Buffer mitigation requested (DWR only):
0 square feet
4e. Riparian wetland mitigation requested:
0.113 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments:
NCDMS ILF acceptance letter is included in Appendix D. All available private bank credits were secured, prior to
DMS acceptance.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including mitigation credits generated.
Click to enter.
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
that requires buffer mitigation?
❑ Yes ❑x No
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required in the table below.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
Click to enter.
Click to enter.
Choose one
Click to enter.
Zone 2
Click to enter.
Click to enter.
Choose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
NC Division of Mitigation Services proposed?
Fpyes El No
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
Click to enter.
Page 15 of 21 PCN Form Version 4.3- February 22, 2024
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
❑ Yes 0 No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse/dispersed flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here.
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250? *
El Yes 0 No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)? x
❑ Yes 0 No
To look up low density requirements, click here:
http://reports.oah.state. nc. us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-
%20environ mental% 20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
Does this project have a stormwater management plan (SMP)
0 Yes ElNo
reviewed and approved under a state stormwater program or state -
approved local government stormwater program? *
❑ n/a — project disturbs < 1 acre
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2d.
Which of the following stormwater management program(s) apply?
0 Local Government
(Check all that apply.)*
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Local Government Stormwater Programs *
0 Phase II ❑ USMP
❑ NSW ❑ Water Supply
Page 16 of 21 PCN Form Version 4.3- February 22, 2024
Please identify which local government stormwater program you are using.
Buncombe County.
State Stormwater Programs * I ❑ Phase II ❑ HQW or ORW
❑ Coastal Counties ❑ Other
Comments:
Henderson County is a delegated authority for the review and approval of Stormwater Management Plans. A
Stormwater Management Plan was submitted to Henderson Co. (REF-25-0563) and is currently under review.
Documentation of approval can be forwarded upon request.
Page 17 of 21 PCN Form Version 4.3- February 22, 2024
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the use of public (federal/state) land? *
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
El Yes El No
Policy Act (NEPA/SEPA)? *
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
Federally Non -Jurisdictional Wetlands /Classified Surface Waters
❑ Yes ❑x No
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality? *
3b. If you answered "no", provide a short narrative description:
Nearly all developable area within the project boundary is proposed to be utilized for the tiny house community.
The water and sewer line extensions are designed and aligned to specifically serve this tiny house development.
3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR
policy. (Attach .pdf)
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? % ® Yes ❑ No ❑ N/A
Page 18 of 21 PCN Form Version 4.3- February 22, 2024
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
The proposed on -site connection to the existing municipal sewer would ultimately send wastewater to be treated
at the Henderson Couunty WWTP. A letter of allocation from the County WWTP is pending and can be
forwarded upon request.
5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected
❑ Yes
❑ No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ Ifws.govl) T
5b.
Have you checked with the USFWS concerning Endangered Species
® Yes
❑ No
Act impacts? *
5c.
If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d.
Is another federal agency involved? *
❑ Yes
❑x No ❑ Unknown
If yes, which federal agency?
5e.
Is this a DOT project located within Divisions 1-8? %
❑ Yes
❑x No
5f.
Will you cut any trees in order to conduct the work in waters of the
U.S.? x
® Yes
❑ No
5g.
Does this project involve bridge maintenance or removal? %
❑ Yes
❑x No
5g1.
If yes, have you inspected the bridge for signs of bat use such as
staining, guano, bats, etc.? Representative photos of signs of bat use
❑ Yes
❑ No
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix
F, pages 3-7. Link to
NLEB SLOPES document: http://saw-reg.usace.army.miI/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf
If you answered yes to 5g1, did you discover any signs of bat use? *
❑ Yes
❑ No ❑ Unknown
If yes, please show the location of the bridge on the permit drawings/ project plans
5h.
Does this project involve the construction/ installation of a wind
turbine(s)? *
❑Yes
0 No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo
5i.
Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes
❑x No
mechanized pile drivers, etc.?
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
Page 19 of 21 PCN Form Version 4.3- February 22, 2024
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat? *
See Threatened and Endangered Species Habitat Asessment and Survey Report in Appendix E. The FWS joint
determination key (DKey) for northern long-eared bat (not in range) and tri-colored bat (TCB) resulted in a "may
affect, not likely to adversely affect" determination if the project proposes to avoid tree clearing during the pup
season (May 15 — July 31). If the TCB is listed prior to development of this project, all tree clearing will avoid the
pup season. Tree clearing is anticipated to occur prior to March 31, 2025. A prescence/abscence survey for
bunched arrowhead (Sagittaria fasciculata) is scheduled for early -May within the wetland ditch proposed for
impact.The results of the survey will be forwarded to the Corps ASAP after the survey is complete. If there are no
other outstanding questions on this permit application, a provisional permit is requested — pending a negative
survey for bunched arrowhead.
Attach consultation documentation.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat? *
❑ Yes ❑x No
Is there submerged aquatic vegetation (SAV) around
the project vicinity? *
El Yes ❑x No El Unknown
Will this project affect submerged aquatic vegetation? *
❑ Yes ❑x No ❑ Unknown
Explain: Click to enter.
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed January 27, 2025, at
https://www.habitat.noaa.gov/apps/efhmapper/?page=page-8.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
❑ Yes ❑x No
preservation status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources? *
See Figure 7 for potentially historic sites within a 1-mile radius of the project site. The January 2025 dataset from
NC Historic Preservation Office's HPOWEB was used to generate Figure 7. It is the opinion of EnciroScience that
the proposed project would not adversely affect the historic (or potentially historic) sites documented within the
vicinity. An archeological resource assessment was not conducted on the property.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No
Page 20 of 21 PCN Form Version 4.3- February 22, 2024
8b. If yes, explain how the project meets FEMA requirements.
No above grade fills proposed within the 100-year floodplain. The LOD is outside of the 100-year floodplain. The
only portion of the project within the 100-year floodplain is an at -grade walking path in the forested floodplain of
Dunn Creek.
8c. What source(s) did you use to make the floodplain determination?
Project site covered by FEMA FIRM Panel: 3700958800J (Eff. 10/2/2008) — See Figure 6.
H. Miscellaneous
Comments:
Please coordinate with EnviroScience before accessing the site due to gated access.
Attach pertinent documentation or attachments not previously requested
I. Signature *
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: * Tyson Kurtz
Signature:
Date: * 1 /29/2025
Page 21 of 21 PCN Form Version 4.3- February 22, 2024
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Author: EET Date: 03/27/2024 Project #: 17483 NAn 1ggi 2nii St—Pl— N-h r—i— FIPq 39nn Ft IIS
If
own
� � � -`► ' .`�i,.
Project Boundary
USGS Topographic Map Simple Life - The Farm 0 500 1,000 2,000 Feet N
Figure 2 Henderson County, NC. 0 2.. 40'0 FMO Meters Excellence In Any Environment
to � � ' Ili,: ---,-��- �_ � .� �►
I
NAn 19H32nii St—Pl— N-h C—i— FIPS'i9M Ft NS
Project Boundary
Permanent Wetland
Impact
Wetland
- Stream
Existing Culvert
Existing Contours 2ft
Existing Road
Existing Trees and Tree
Line
- - - Limits of Disturbance
Proposed Grading
Contours
Proposed Edge of
Pavement
Yl\
�1
4
-3
12
Proposed Lots I Ill
—• Existing Water Line
Proposed Water Line
Extension
Proposed Stormwater
Line
Proposed Underground
Stormwater BMP
Proposed Gravity Sewer Line 10
Proposed Force Main
Sewer Cm
Existing Sewer Manhole/ O
Tie -In
Proposed Walking Trail `
41
44 -43 4— 41 40 39 f
f .L
i ir:. ` 1
i
II
j Project Boundary
Wetland Impact Map
Figure 5.0
Simple Life - The Farm
(+/- 10.45 Ac)
Henderson County, NC.
-14
t.
See Figure 5.1 for Proposed
Off -Site Water Line Extension
Permanent Wetland Impact I I
W1 - 0.021 AC
Fill/Grading I I
1
� h
Jl 60
/ 59 y
-18
U, -58
1 r
> 8
-57
.29 ,
-56
r-32
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f
-54
i� F I
L!53 �
-33
-52 t
- -r
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38 -37 L36 -35 -34 V -51
461 47 50 I11 J
Proposed Sewer Tie-in to
Existing Sewer Line
r_r lk:
Ak
0 50 100 200 Feet N
0 10 20 40 Meters
93
EnviroScience'"
Excellence In Any Environment
NAn 19H3?nii StatcPlanc Nnrth r,a linx FIPq 3gnn Ft IIS
Potentiall Eli Ile Historic Sites within 1-Mile Radius of Praj ect Bounda ry (Source: NCSHPO)
Site —ID
Status Site Name
Description
Notes
Saint John the Baptist Episcopal
1-story frame 19th-20th c.
HN1258
5D
Church (Gone)
tradtionaUvernacuIr church
Listed ontopoquad as 37
Saint John the Baptist Communion Hall
1-story front gable frame 19th-20tt1
HN1257
5D (Gone)
c. tradtionaUvernacular building
Listed on topaquad as 38
c- 19401-story stone -veneered side
Ineligible2014; ER01-8333; Multi
HN1191
SO Drayton Justus House
gable Period Cottage
Co 1 #695. I-4400
c. 19051112-story side gable
HN1192
SO Frank Justus House
weatherboard housewl rear ell,
Ineligible2014; ER01-8333; Multi
stacked stone Foundation & 3 Front
Co Rpt #695; I-4400
gable dormers
HNL904
DOE McMurray House IWindy Hill]
c, 1890,1914 2-story frame Queen
Grit C; ER01-WW; Multi Co I
Anne housewl outbuildings
#695
HN1914
SO House
c. 19451-story side gable house
lneligible2014; ER01-8333; Multi
Co Rpt #695 / Inventory #31 1-=O
Ineligible2014; ER01-8333; Multi
HN1960
SO Crest Road Bridge
Co Rpt #6951 Inventory #581 1-4400
Ineligible2014; ER01.8333; Multi
HN1918
5O Commercial building
Co Rot #695 / Inventory #91 1-4400
r
1 f
--ifi
HN1918
IL TPAW17-AtAllill
Potentially Historic Sites
NCSHPO (Jan 2025 Data)
Figure 7
r:
Project Boundary
_ I
Simple Life - The Farm
(+/- 10.45 Ac)
Henderson County, NC.
1258
0 500 1,000 2,000 Feet N
0 200 400 800 Meters
QProject Boundary
Q 1-Mile Buffer
Local HDs
in Local HDs
Designated HDs
STATUS
NR
NRD
Q SL
Q SLDOE
Q DOE
® DOED
Historic resources
Status, LocalStat, HDstatus
• National Register
individual listing
[]0 NR and Local Landmark
NR Listing, Gone
[j NR and Landmark, Gone
NR Historic District
center point
Study List individual
entry
�■ SL and Landmark
SL entry, Gone
SL and Landmark, Gone
SL Historic District center
point
SL and DOE
M SL, DOE, and Landmark
SL and DOE, Gone
SL, DOE, Landmark,
Gone
SL and DOE Historic
District center point
- Determined Eligible -
DOE
E DOE and Landmark
DOE, Gone
DOE, Landmark, Gone
. , DOE Historic District
center point
Surveyed Only
Surveyed, Local
Landmark
Surveyed in NRHD
®Surveyed, Landmark, in
NRHD
Surveyed, Gone
Surveyed in NRHD,
Gone
®Surveyed Landmark,
Gone
®Surveyed, Landmark,
NRHD, Gone
+ Blockface
+ Blockface in NRHD
Surveyed Area center
point
Surveyed Area center
point in NRHD
Local Historic Distric
center point
<all other values>
93
EnviroSciencii
Excellence In Any Environment
Author: TJK Date: 1.27.25 Project #: 25-0001 NAn 19H3?nii StatcPlanc Nnrth r,a linx FIPq 3gnn Ft rIS
Appendix A:
Prior Phase Documents for Simple Life - The Village
• Cumulative Impact History Table
• 401 Permit (WQC) - DWR# 18-0135
• Approved Jurisdictional Determination - SAW-2017-02552
Summary of Previously Authorized Impacts
Action ID
No. / NC
DWR No.
DWR
Issue
Date
NWP / Gp
Number
Resource Impact Type
Permanent Impacts
Temporary Impacts
Conducted?
Stream
DWR No.
18-0135 /
SAW-2017-
02552
March 26,
2018
18 & 29 /
4139
0
0
No
Wetlands
Fill / Grading
0.083 Ac
0
Yes
Fill / Grading / Drainage
0.009 Ac
0
Yes
Open Water
0 0 No
Prior Impacts Towards Mitigation
Wetland
0.092 Ac
Stream
0 LF / 0.000 Ac
Water Resources
I:n4'ironmrntal ouainy
March 25, 2018
Simple Life -Hendersonville, LLLP
Attn: Michael McCann
135 2"d Avenue North, Suite 3
Jacksonville Beach, FL 32250
ROY COOPER
Governw,
MICHAEL S. REGAN
Set 1'ehm
LINDA CULPEPPER
P" P.m? Uireclor
DWR# 18-0135
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Village of Wildflowers
Dear Mr. McMann:
You have our approval for the impacts listed below for the purpose described in your
application dated January 18, 2018, and received by the Division of Water Resources (Division)
on January 25, 2018, with additional information received February 12 and March 21, 2018.
These impacts are covered by the attached Water Quality General Certification Number 4139
and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 18 and 29 once they are issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0505(b) and/or (c)]
State of'NUrth Carolina I Erivimnmental Quality I Water Re_vs+urces
2090 U S. Highwry 70. Swannanna. North Carolina 2877N
929-296-4501)
Village of Wildflowers
DWR# 18-0135
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1
0.083 (acres)
W2
0.009 (acres)
2. All wetlands located within 50 feet of the construction area on the project site shall be
clearly marked (for example, orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
[15A NCAC 02H .0506(b)(2) and (c)(2) and 15A NCAC 02H .0507(c)]
3. Any additional impacts to streams and/or wetlands as a result of future roads,
buildings, driveways, utility lines or other development related activities within this
subdivision will require a modification of this 401 Water Quality Certification approval.
[15A NCAC 02H .0506(b) and/or (c) and 15A NCAC 02H .0501 and .05021
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands and waters within the project boundaries in order to assure
compliance with NC Wetland Rules (15A NCAC 02H .0500). These mechanisms shall be
put in place at the time of recording of the property or individual parcels, whichever is
appropriate. A sample deed notification is attached. [15A NCAC 02H .0506(b)(4) and
(c)(4)I
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:OOam and 5:90pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Village of Wildflowers
DWR# 18-0135
401 Approval
Page 3 of 3
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to ❑EQ:
William F. Lane, General Counsel
Department of Environmental quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or
Andrew.W.Moore@ncdenr.gov if you have any questions or concerns.
Sincerely,
9 "I=
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4139
Certificate of Completion
Sample Deed Notification
cc: John Vilas— McGill Associates, P.A. (via email)
Jon Swaim — McGill Associates, P.A. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Natalie Berry— Henderson County Water Resources (via email)
DWR ARO 401 files
G:\WR\WQ\Henderson\401s�Non-DQT\Village of Wildlowers\20180326_VillageofWildflowers_APPRV.docx
Feanure Descrip0on Pond 1 and Pond 2 are open water wetlands. Pond
AW Jurisdictional wetland abutting Ditch t - 2 and CW directly abut UT -Dunn Creel( (DC),
an offsite jurisdictional stream (a RPW).
ew Jurisdictional wetland adjacent to Dunn Creek Pond 1 and BW are adjacent to, but not directly
CW Jurisdictional vwatland [spring and connection to Pond 2] ` abutting DC They are neighboring DC and inside its
100-year flood plain. DW is a concave area along a
DW Jurisdictional %etland abuttig Dunn Creek • drainage ditch abutting DC.
Pond 1 0.6 acre open Meter netland
Pond 2 0.5 acre open Meter Y"and
Ditch i 482 Linear foot ditch w/ wetland bottom abutting Dunn
Creek
Dunn Creek 690 linear foot jurisdictional stream •. ' �
UT -Dunn Creek pasite jurisdictional stream
k J-
,y:
D�toh r
Pond 1 ❑W
AW
,I
BW f 'r
A
Dunn Creek
' 1 1 i
� CW
Pond 2
1
r N
0 125 250 375 5Q0
� Feel
EXISTING CONDITIONS PROJECT # VILLAGE OF WILDFLOWERS McGill
17.00122 HENDERSON COUNTY, A S S o C I A T E S
SEPTEMBER 22, 2017 NORTH CAROLINA ENVIRONMENTALSERVICES
A- Nt M Ne![ IT YR'a Sit A. tk • %% .\f AN' ►111 r:., US. q}n
N AINTENGE
HIGHLANDS EnTRnNce
(20 LOTS) _ — — A—
N L 1 c1116
ENrry
is / �VL •
-- XTJIL
t or_
_ VEGTEI
UFFF
r NN
oNGE
IL
� l
THE GROVE
(12 LOTS)
M )
NORTH
PORD
NON -ENCROACHMENT
/ ZONE
'CREEKSIDE
U'BUFFER -- (6 LOTS)
OUNN GREEN BWOGE � BRIDGE
TO BE STREAM
RENWIN ` REMOVED i' 9UFFER
-ROPOBEO
� NON-E MMENT 20NE ENTRANCE
p�
r
d' �Sry�rp'+L�:r&��(A�lE/�
A � � � �(�/ TOE OF SLOPE
..Q�
e. LOT YIELD TABLE
+mil SOUTH a�
E ISTING LOTS: 104
1 oa L000DINE _. THE HIGHLAND LOTS 20
THE GROVE LOTS: 12
WETLAND cw THE MEADOWS LOTS: 51
IMPACT TOTAL 187
1 � � •� -�w — `'� (OOOBa acres)
M
T r THE MEADOWS
lL. ti �� �. (51 LOTS)
CONCEPTUAL MASTER PLAN
SIMPLE LIFE HENDERSONVILLE
DATE: 12115/17
tl`
LOTS I
2
ESTEb TO BE
VESTED
IN SB'BVFFER
�( 120 fl GO 17U _'40 iti0
GRAPHIC SCALE I INCH = 120 FEET
z
0
m
In
m -1r.
ou
ou
CT
m 0 0
m
;a -4
7,
411-- --
-- 11.1
VILLAGE OF WILDFLOWERS
M-1
THE GROVE
MMcGiff
IT
o m
IMPACT MAP
SIMPLE LIFE
A S S 0 C I ATE S
I C-0
T �R I N 0� P.
2.L AZ[O FINANCE
, 1
HENDERSONVILLE COUNTY, NORTH CAROLINA
VILLAGE OF WILDFLOWERS
THE MEADOWS m OMCG-
C=3
m UPACT MAP SIMPLE LIFE A S S 0 NCNE S
I M
A
1 A T
G-F I N A M C U-PL
HENDERSONVILLE COUNTY, NORTH CAROLINA ENGINEERING
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2017-02552 County: Henderson U.S.G.S. Quad: Hendersonville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: The Resource Group, LLC, Attn.: Mike McCann
Address: 135 2nd Avenue North, Suite 3
Jacksonville Beach, FL 32250
Telephone Number: 904-242-9195, ext. 1005
Size (acres): 25 Nearest Town: Hendersonville
Nearest Waterway: Dunn Creek Coordinates: 35.2992 N. 82.3966 W
River Basin/ HUC: Upper French Broad (06010105)
Location description: The property is located on a tract of land (PIN 9588-61-8497) known as the Villages of
Wildflowers, west of S. Orchard Road at the intersection of Orchard Road and Just Wandering Lane. in
Hendersonville, Henderson County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). if
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-
271-7980, ext. 4232 or david.w.brown@usace.army.mil.
C. Basis for Determination:
See attached approved jurisdictional determination form.
D. Remarks:
The waters of the U.S., at this site, were verified on -site by the Corps on October 26, 2017 and are as approximately
depicted on the attached Study Area map (dated September 22, 2017) submitted by McGill Associates, P.A.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33I. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1 OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by February 17, 2018.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official
David Brown
Issue Date of JD. December 19, 2017 Expiration Date: Five years from Isstre Dale
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete our Customer Satisfaction Survey, located online at
htt://ca sma u.usace.arm .mil/cm a exlf?=13G:4:Q.
Copy furnished:
McGill Associates. P.A., John Vilas, 468 New Market Blvd., Suite B, Boone, NC 28541
U- Ilk
at-e Description _,
Pond 1 and Pond 2 are open water wetlands. Pond
v Jurlsdlclional wellend abutting Ditch 1 2 and CW directly abut UT -Dunn Creek (DC),
Juriedicdonal wetland adjacent to Dunn Creek _ an offsfte jurisdictional stream [a RPW).
Pond 1 and BW are adjacent to, but not directly
Judsdlcconal wetand (spong and connection to Pond 2) # - abutting DC They are neighboring DC and inside its
' 5 100-year floodplain- DW Is a concave area along a
v Junsdtdonal wetland abuttig Dunn Creek drainage ditch abutting DC.
• s
nd 1 0.6 acre open voter vstland -
nd 2 0.5 we open eater xetland
ch } 482 Linear toot ditch wl Wetland bosom abutting Dunn 4
1 �•' r
Creek
nn Creek aj90 linear foot jurladlctlonal stream -�
-Dunn C7eak DBsll! Jurisdictional abrearn r y
_F r
Pond 1 DW .F
A W
BW7-7
Dunn Creek
C
—s -
D
x
Pond 2
}
r
4
1
STUDY AREA PROJECT 4
17,00122
SEPTEMBER 22, 2017
o 126 25 375 Soo
Feet
VILLAGE OF WILDFLOWERS II McGill
HENDERSON COUNTY, ! A S S O C I A T E S
NORTH CAROLINA ENVIRONMENTAL SERVICES
H xtu'H.utAE7'ar.'n. si t.k. tt�aNt, xC ]iN7 ►11.1>tSfr1Y. H:o
Appendix B:
Delineation Concurrence Email and Figure
SAW-2024-00670
From: Healy, Shannon CIV USARMY CESAW (USA)
To: mike(cbsimole.life.com; awahila(cbsimole-life.com
Cc: Tyson Kurtz
Subject: SAW-2024-00670 Simple Life - The Farm; Delineation Concurrence
Date: Monday, May 20, 2024 9:58:25 AM
Attachments: fiaure5 delineation 5.9.24.odf
Good afternoon,
Reference is made to SAW-2024-00670, please reference this number on any correspondence
regarding this action.
On May 2, 2024, we met at 143 Thumper Woods Lane, Flat Rock, Henderson County, North Carolina
to review the boundaries of the aquatic resources delineation you submitted on March 28, 2024.
We have reviewed the information provided by you concerning the aquatic resources, and by copy
of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps
to be a sufficiently accurate and reliable representation of the location and extent of aquatic
resources within the identified review area. The location and extent of these aquatic resources are
shown on the delineation map labeled "Wetland and Stream Map
Delineated on March 27, 2023, Figure 5" and dated May 9, 2024.
Regulatory Guidance Letter (RGL) 16-01 provides guidance for Jurisdictional Determinations (JD) and
states "The Corps generally does not issue a JD of any type where no JD has been requested". At this
time, we are only verifying the delineation. This delineation may be relied upon for use in the permit
evaluation process, including determining compensatory mitigation. "This verification does not
address nor include any consideration for geographic jurisdiction on aquatic resources and shall not
be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination
(AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process
(33 CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional
Determination (AJD) please respond accordingly, otherwise nothing further is required and we will
not provide any additional documentation.
The delineation included herein has been conducted to identify the location and extent of the
aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the
Clean Water Act for the particular site identified in this request. This delineation may not be valid for
the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your
tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
Thank you,
Shannon
Shannon Healy (she/her)
Regulatory Specialist
USACE Wilmington District -Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, INC 28801-5006
828-271-7980, ext. 4233
shannon.healyPusace.army.mil
Jurisdictional wetlands and waters identified on this map have been located within sub-
_
meter accuracy utilizing a Trimble Geo XTRX mapping grade Global Positioning System
� Project Boundary
(GPS) and the subsequent differential correction of that data or Juniper Systems Geode
GNS3S. GPS points may demonstrate uncorrectable errors due to topography,
. Wetland
vegetative cover, and/or multipath signal error.
Note: The illustrated wetland and stream locations are approximate. These areas have
` Stream
been flagged in the field, however, they have not been surveyed. Although
EnviroScience is confident in our assessment, the US Army Corps of Engineers (Corps)
Culvert
is the only agency that can make final decisions regarding jurisdictional wetland and
waters of the US delineations. Therefore, all preliminary determinations are subject to
change until written verification is obtained. EnviroScience strongly recommends that
Contours (2 ft)
written verification be obtained from the Corps prior to closing on the property, beginning
any site work, or making any legal reliance on this determination.
Data Form
This map was prepared by EnviroScience using the best information available to
EnviroScience at the time of production. This map is for informational purposes only and
should not be used to determine precise boundaries, roadways, property boundary lines,
nor legal descriptions. This map shall not be construed to be an official survey of any
data depicted.
Source Data: Project Boundary -Associated Land Surveyors & Planners, PC; Contours
- - _
and Aerial Imagery - NC OneMap
Streams on site are Dunn Creek and UTs to Dunn Creek (NC DWR Class: C waters)
Project Boundary
FAPotential Non -Wetland
Waters of the US
SB - 355 L.F. (0.024 Ac)
Potential Wetland
Waters of the US
WF-0.018AC
Potential Wetland
Waters of the US
WC - 0.041 AC WF --�
SB
f lM� WD
Potential Non -Wetland �.
Waters of the US
SC - 44 L.F. (0.001 Ac)
renrtWetland
i the US
C28 AC
Potential Wetland
Waters of the US
WB - 0.027 AC
WB
Potential Non -Wetland
Waters of the US
SA - 499 L.F. (0.129 Ac)
Potential Wetland
Waters of the US
WA - 0.023 AC
DP-UPL1
Potentially Jurisdictional Waters of the US
�
Stream
Wetland
Linear
Feet
Acres
stream bed
Acres
SA
499
0.129
WA
0.023
SIB
355
0.024
WB
0.027
SC
44
0.001
WC
0.041
Total
898
0.154
WD
WE
0.028
0.013
WF
Total
0.018
0.150
#0 W''T
Wetland and Stream Map Simple Life - The Farm 0 100 200 Feet
+/- 10.45 Ac
Delineated on March 27, 2023 ( )
Figure 5 Henderson County, NC. 0 20 40 Meters
Vh— I
Potential Wetland
Waters of the US
WE-0.013AC (:
A
-J .t
[LearWater
An EnviroScience Company g
i
NAn iARi Jn11 St—Pl— N-h r—i— FIPq 39m Ft US
Appendix C:
Wetland Impact Assessment Data
• Cumulative Wetland Impact Table
• NC Wetland Assessment Method Datasheets and Results
• Impact Area Photolog
Wetland Impact Mitigation
Impact
Wetland
Impact
NC WAM
Mitigation
Total
Type
Notes
Number
Name
Acres
Rating
Ratio
Credits
W1
BW
0.083
Headwater Forest
n/a
2
0.166
Wetland previously impacted, no NCWAM history. Was a forested wetland
depression.
W2
CW
0.009
Ditch
n/a
1
0.009
Wetland previously impacted, no NCWAM history. Was a ditch through a maintained
lawn and forest edge.
Wetland ditch through an agricultural field that has a perimeter ditch upslope that
W3
WA
0.021
Ditch
Low
1
0.021
diverts stormwater. Dense woody invasive plants along the ditchline.
Total l 0.113 1 1 Total l 0.196
NC WAM WETLAND ASSESSMENT FORM
user ivianuai version o
Project Name The Farm
Applicant/Owner Name Simple Life
Wetland Type Headwater Forest
Level III Ecoregion Blue Ridge Mountains
River Basin French Broad
County Henderson
ees ro Vo Precipitation within 48 hrs?
Date of Evaluation 01/08/2025
Wetland Site Name WANV1
Assessor Name/Organization Jessica Larimer / EnviroScience
Nearest Named Water Body Dunn Creek
USGS 8-Digit Catalogue Unit 06010105
NCDWR Region Asheville
35.3017561.-82.3976931
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if
appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited
to the following.
Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby
septic tanks, underground storage tanks (USTs), hog lagoons, etc.)
Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? (' ees ro Vo
Regulatory Considerations - Were regulatory considerations evaluated? (' ees (' Jo If Yes, check all that apply to the assessment area.
r Anadromous fish
r Federally protected species or State endangered or threatened species
r NCDWR riparian buffer rule in effect
r Abuts a Primary Nursery Area (PNA)
r Publicly owned property
r N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
r Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HOW, ORW, or Trout
r Designated NCNHP reference community
r Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
Blackwater
Brownwater
�- Tidal (if tidal, check one of the following boxes) _unar (` Nind 3oth
Is the assessment area on a coastal island? r ees Co' Vo
Is the assessment area's surface water storage capacity or duration substantially altered by beaver?
Does the assessment area experience overbank
normal rainfall conditions?
r- ees (9- Vo
ees Co-Vo
1. Ground Surface Condition/Vegetation Condition - assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure
(VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable,
then rate the assessment area based on evidence of an effect.
GS VS
�' N (' N Not severely altered
(-3 ro 3 Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing,
less diversity [if appropriate], hydrologic alteration)
2. Surface and Subsurface Storage Capacity and Duration - assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and
duration (Sub). Consider both increase and decrease in hydrology. A ditch <- 1 foot deep is considered to affect surface water only,
while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
(' N r N Water storage capacity and duration are not altered.
ro 3 ro 3 Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
33 Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation
change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief - assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland
type (WT).
AA WT
3a. ('k r N Majority of wetland with depressions able to pond water > 1 foot deep
3 (-*3 Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
33 Majority of wetland with depressions able to pond water 3 to 6 inches deep
3' 3 Depressions able to pond water < 3 inches deep
3b. if-k Evidence that maximum depth of inundation is greater than 2 feet
r3 Evidence that maximum depth of inundation is between 1 and 2 feet
('3 Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure — assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape
feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for
regional indicators.
4a. ('k Sandy soil
r3 Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
'3 Loamy or clayey soils not exhibiting redoximorphic features
3 Loamy or clayey gleyed soil
'E Histosol or histic epipedon
4b.'N Soil ribbon < 1 inch
r3 Soil ribbon > 1 inch
4c. (*—N No peat or muck presence
t`3 A peat or muck presence
5. Discharge into Wetland — opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub).
Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
f NN Little or no evidence of pollutants or discharges entering the assessment area
3' 3 Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
3' 3 Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use — opportunity metric (skip for non -riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources
draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the
assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers
are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion.
WS 5M 2M
r✓ A rA r7fS > 10% impervious surfaces
r 3 r3 r3 Confined animal operations (or other local, concentrated source of pollutants)
r—Z� rD r—_- > 20% coverage of pasture
r—D rD r—D > 20% coverage of agricultural land (regularly plowed land)
r✓ E rE rE ' 20% coverage of maintained grass/herb
r-- r- r- ' 20% coverage of clear-cut land
r 3 r 3 r 3 Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the
assessment area.
7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
r ees �' Jo If Yes, continue to 7b. If No, skip to Metric 8.
7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
4 > 50 feet
B From 30 to < 50 feet
D From 15 to < 30 feet
D From 5 to < 15 feet
E < 5 feet or buffer bypassed by ditches
7c. I ributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
('s 15-feet wide (—> 15-feet wide r Other open water (no tributary present)
7d. Uo roots of assessment area vegetation extend into the bank of the tributary/open water?
(' Yes ( No
7e. Is tributary or other open water sheltered or exposed?
Ir Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic.
(' Exposed — adjacent open water with width > 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes
and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp
Forest only)
Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the
assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
(— N ' N > 100 feet
r 3 ' 3 From 80 to < 100 feet
3' 3 From 50 to < 80 feet
3' 3 From 40 to < 50 feet
E' E From 30 to < 40 feet
From 15 to < 30 feet
(-3 (-3 From 5 to < 15 feet
(— i r, i < 5 feet
9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands)
Answer for assessment area dominant landform.
(- N Evidence of short -duration inundation (< 7 consecutive days)
(-3 Evidence of saturation, without evidence of inundation
�' 3 Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
�' N Sediment deposition is not excessive, but at approximately natural levels.
(-3 Sediment deposition is excessive, but not overwhelming the wetland.
(' 3 Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column.
WT WC FW (if applicable)
(' N (' N (' N > 500 acres
(-3 (-3 (-3 From 100 to < 500 acres
(-3 (-3 (-3 From 50 to < 100 acres
3 (' 3 (— 3 From 25 to < 50 acres
r _ r _ r _ From 10 to < 25 acres
r _ r _ r = From 5 to < 10 acres
r 3 r 3 r 3 From 1 to < 5 acres
From 0.5 to < 1 acre
From 0.1 to < 0.5 acre
ro J ro J ro J From 0.01 to < 0.1 acre
r < r < r < < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
r N Pocosin is the full extent (> 90%) of its natural landscape size.
(-3 Pocosin is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility
line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide.
Well Loosely
(—N (— N > 500 acres
(-3 (-3 From 100 to < 500 acres
(' 3 (' 3 From 50 to < 100 acres
(' 3 (' 3 From 10 to < 50 acres
r_ (—_ <10acres
re'_ (' = Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
# ees � - Vo Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas > 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut,
select option "C."
('N 0
r3 1to4
r'3 5to8
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
r k Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
(-3 Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or
clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
3 Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in
at least one stratum.
16. Vegetative Diversity— assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
(' N Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics).
r 3 Vegetation diversity is low or has > 10% to 50% cover of exotics.
r 3 Vegetation is dominated by exotic species (>50% cover of exotics).
17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
(*' Yes ( No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
r k
> 25%
coverage of vegetation
(-3
< 25%
coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure
in airspace
above the
assessment area (AA) and the wetland type (WT) separately.
AA
WT
CL
('N
Canopy closed, or nearly closed, with natural gaps associated with natural processes
o
(-3
('3
Canopy present, but opened more than natural gaps
U
3
(—* 3
Canopy sparse or absent
0
'N
('k
Dense mid-story/sapling layer
3
('3
Moderate density mid-story/sapling layer
a
t3
..
Mid-story/sapling layer sparse or absent
N'N
Dense shrub layer
2
(-3
('3
Moderate density shrub layer
3
(-3
Shrub layer sparse or absent
_2
N
(—N
Dense herb layer
a`)
(-3
(-3
Moderate density herb layer
_
r' 3
(3
Herb layer sparse or absent
18. Snags — wetland type condition metric (skip for all marshes)
`N Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability).
3 Not
19. Diameter Class Distribution — wetland type condition metric (skip for all marshes)
N Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
3 Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH.
' 3 Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric (skip for all marshes)
Include both natural debris and man -placed natural debris.
�' N Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
(-3 Not
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater
Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
22. Hydrologic Connectivity— assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization,
diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
(' N Overbank and overland flow are not severely altered in the assessment area.
(-3 Overbank flow is severely altered in the assessment area.
3 Overland flow is severely altered in the assessment area.
D Both overbank and overland flow are severely altered in the assessment area.
Notes
Wetland within ditch that transitions to a stream. The perimeter is agriculture field ditch and "the Village" which has a lot of impervious surface upslope
NC WAM Wetland Rating Sheet
Accompanies User Manual
Version 5.0
Wetland Site Name WA/W1
Date
01/08/2025
Wetland Type Headwater Forest
Assessor Name/Organization ,sica Larimer / EnviroScie
Notes on Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (Y/N)
NO
Wetland is intensively managed (Y/N)
NO
Assessment area is located within 50 feet of a natural tributary or other open
water (Y/N)
NO
Assessment area is substantially altered by beaver (Y/N)
NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N)
NO
Assessment area is on a coastal island (Y/N)
NO
Sub -function Rating Summary
Function Sub -function
Metrics
Rating
Hydrology Surface Storage and Retention
Condition
MEDIUM
Sub -Surface Storage and Retention
Condition
HIGH
Water Quality Pathogen Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Particulate Change
Condition
MEDIUM
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Soluble Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Physical Change
Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Habitat Physical Structure
Condition
MEDIUM
Landscape Patch Structure
Condition
LOW
Vegetation Composition
Condition
LOW
Function Rating Summary
Function Metrics/Notes
Rating
Hydrology Condition
HIGH
Water Quality Condition
LOW
Condition/Opportunity
LOW
Opportunity Presence? (Y/N)
NO
Habitat Condition
LOW
Overall Wetland Rating LOW
Photo 1. Typical view of W1 where it is semi -permanently saturated (southern half).
Photo 2. Typical view of W1 where surface water is typically present, facing south.
Photo 3. Typical view of W1 where surface water is typically present, facing north.
4"
� s
4 ,p
x
�� ° ' , � [ .. q� �� Asa ��,• `�f�`� �„ l
Photo 4. Typical view of vegetation along outside of wetland ditch.
Appendix D:
Mitigation Coordination
• RIBITS List of Private Bank Credits (Jan. 16, 2025)
• RES Statement of Availability
• NC DMS ILF Acceptance Letter
Notice: The credit totals shown do NOT reflect any credit reservations or pending transactions.
It is the responsibility of potential purchasers to contact the Sponsor and obtain written confirmation of credit availability.
Latitude: 35.301799, Longitude-82.397844
State:
North Carolina
County:
Henderson
8-digit Hydrologic Unit Code: 06010105
USFWS Field Office:
Asheville
USACE District:
Wilmington
NMFS Region:
Southeast
BLM State Office: Eastern States
Banks/Sites in Primary Service Area 16
Banks/Sites in Secondary Service Area 0
Banks/Sites in Tertiary Service Area 0
ILF Program Advance Credits 0
Search Criteria:
Including ONLY approved, public banks, ILF sites, NRDA sites, umbrella sites, BLM project/program sites, and ILF
programs with defined credit classifications
Excluding single client banks, ILF sites, NRDA sites, umbrella sites, and BLM project/program sites
Excluding banks, ILF sites, NRDA sites, umbrella sites, BLM project/program sites, and ILF programs with zero available
credits
Including bank, ILF site, NRDA site, umbrella site, and BLM project/program site service areas of rank Primary, Secondary,
Tertiary
Including ILF programs with Wetland credits
Banks/Sites in Primary Service Area
Bank Name: 1 - UT to Wash Creek Mitigation Bank
Bank Type: Private Commercial
Total Acres: 1.75
Distance to impact: 5 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2011-00874
Bank States: North Carolina
Comments: MBI finalized on March 9, 2012
Bank Sponsor: French Broad Mitigation Partners, LLC
224 South Grove Street
Suite F
Hendersonville, NC 28792
Phone: (828) 698-9800
Bank Sponsor POC:
Clement Riddle
224 South Grove Street
Suite F
Hendersonville, NC 28792
Email: clement@cwenv.com
Phone: (828) 698-9800
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 639 Federal
V ote s:
Bank Name: 2 - RES French Broad 05 UMB- Shiitake Ridge
Bank Type: Private Commercial
Total Acres: 20.51
Distance to impact: 6 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2018-00092
Bank States: North Carolina
Comments: This site was previously referred to as Commercial Hill
Bank Sponsor: Environmental Banc & Exchange, LLC
3600 Glenwood Avenue
Suite 100
Raleigh, NC 27612
Phone: (919) 209-1056
Bank Sponsor POC:
Jamey McEachran
Sponsor
Email: jmceachran@res.us
Phone: (919) 623-9889
Amy Staley
3600 Glenwood Ave, Suite 100
Raleigh, NC 27612
Email: nccreditsales@res.us
Phone: (919) 209-1055
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 1993.4 Federal
V ote s:
Bank Name: 3 - NCDMS Banner Farm
Bank Type: Public Commercial
Total Acres: 26
Distance to impact: 9 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2018-01153
Bank States: North Carolina
Bank Sponsor:
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 2431.6 Federal
Wetland Riparian North Carolina Wetland Assessment Method 12.45 Federal
V ote s:
Bank Name: 4 - NCDMS Fletcher Stream and Wetland Mitigation Site
Bank Type:
Public Commercial
Total Acres:
34.81
Distance to impact:
10 miles from bank location or centroid of bank footprint
USACE Permit No:
SAW-2016-02205
Bank States:
North Carolina
Bank Sponsor:
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Phone: (919) 715-0476
Fax: (919) 715-2219
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 302.99 Federal
V ote s:
Bank Name: 5 - NCDMS Seniard Creek
Bank Type: Public Commercial
Total Acres: 9
Distance to impact: 15 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2017-01571
Bank States: North Carolina
Bank Sponsor:
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream North Carolina Stream Quality Assessment Worksheet 388.46 Federal
V ote s:
Bank Name: 6 - NCDMS Apple Valley
Bank Type:
Public Commercial
Total Acres:
5.94
Distance to impact:
16 miles from bank location or centroid of bank footprint
USACE Permit No:
SAW-2018-01150
Bank States:
North Carolina
Bank Sponsor:
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Phone: (919) 715-0476
Fax: (919) 715-2219
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream North Carolina Stream Quality Assessment Worksheet 148.75 Federal
Wetland Riparian North Carolina Wetland Assessment Method .53 Federal
V ote s:
Bank Name: 7 - NCDMS Warren Wilson College Stream
Bank Type: Public Commercial
Total Acres: 22
Distance to impact: 21 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2017-01557
Bank States: North Carolina
Bank Sponsor: North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Phone: (919) 715-0476
Fax: (919) 715-2219
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream North Carolina Stream Quality Assessment Worksheet 1005.09 Federal
V ote s:
Bank Name: 8 - EW Solutions French Broad River 05 UMBI - Tarkiln Branch Site
Bank Type:
Private Commercial
Total Acres:
300
Distance to impact:
25 miles from bank location or centroid of bank footprint
USACE Permit No:
SAW-2019-02331
Bank States:
North Carolina
Bank Sponsor:
Bank Sponsor POC:
Owen Carson
David Tuch
Sponsor
37 Haywood Street
Suite 100
Asheville, NC 28801
Email: owen@equinoxenvironmental.com
Phone: (828) 253-6856
37 Haywood St
Suite 100
Asheville, NC 28801
Email: david@equinoxenvironmental.com
Phone: (828) 253-6856
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream North Carolina Stream Quality Assessment Worksheet 6719.7 Federal
V ote s:
Bank Name: 9 - NCDMS Dales Creek
Bank Type: Public Commercial
Total Acres: 12.5
Distance to impact: 28 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2019-00832
Bank States: North Carolina
Bank Sponsor:
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 780.69 Federal
V ote s:
Bank Name: 10 -Anderson Farm Stream Mitigation Bank
Bank Type:
Private Commercial
Total Acres:
107
Distance to impact:
29 miles from bank location or centroid of bank footprint
USACE Permit No:
2011-01930
Bank States:
North Carolina
Bank Sponsor:
AFFP, LLC
34 Wall Street
Suite 502
Asheville, NC 28801
Email: ak47consult@gmail.com
Phone: (828) 253-0095 X 203
Fax: (828) 253-1248
Bank Sponsor POC:
Brent Manning
Headwaters Restoration, LLC
60 Pearson Drive
Asheville, NC 28801
Email: brent@hwrestoration.com
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 179.1 Federal
V ote s:
Bank Name: 11 - NCDMS Round Hill Branch Restoration Site
Bank Type: Public Commercial
Total Acres: 4.24
Distance to impact: 30 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2018-01168
Bank States: North Carolina
Bank Sponsor:
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
Sponsor
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 856.8 Federal
V ote s:
Bank Name: 12 - RES French Broad 05 UMB- Carolina Bison Site
Bank Type: Private Commercial
Total Acres: 9
Distance to impact: 30 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2016-02357
Bank States: North Carolina
Bank Sponsor: Environmental Banc & Exchange, LLC
3600 Glenwood Avenue
Suite 100
Raleigh, NC 27612
Phone: (919) 209-1056
Bank Sponsor POC:
Jamey McEachran
Sponsor
Email: jmceachran@res.us
Phone: (919) 623-9889
Amy Staley
3600 Glenwood Ave, Suite 100
Raleigh, NC 27612
Email: nccreditsales@res.us
Phone: (919) 209-1055
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 3478.05 Federal
V ote s:
Bank Name: 13 - NCDMS Owen Farms
Bank Type:
Public Commercial
Total Acres:
22
Distance to impact:
32 miles from bank location or centroid of bank footprint
USACE Permit No:
SAW-2018-01165
Bank States:
North Carolina
Bank Sponsor:
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream North Carolina Stream Quality Assessment Worksheet 454.39 Federal
Wetland Riparian North Carolina Wetland Assessment Method .35 Federal
V ote s:
Bank Name: 14 - RES French Broad 05 UMB- Dead Oak Site
Bank Type: Private Commercial
Total Acres: 41.58
Distance to impact: 32 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2018-00095
Bank States: North Carolina
Bank Sponsor: Environmental Banc & Exchange, LLC
3600 Glenwood Avenue
Suite 100
Raleigh, NC 27612
Phone: (919) 209-1056
Bank Sponsor POC:
Jamey McEachran
Sponsor
Email: jmceachran@res.us
Phone: (919) 623-9889
Amy Staley
3600 Glenwood Ave, Suite 100
Raleigh, NC 27612
Email: nccreditsales@res.us
Phone: (919) 209-1055
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cool Water Stream North Carolina Stream Quality Assessment Worksheet 3283.43 Federal
V ote s:
Bank Name: 15 - NCDMS Shake Rag
Bank Type: Public Commercial
Total Acres: 16.5
Distance to impact: 40 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2017-01570
Bank States: North Carolina
Bank Sponsor:
Bank Sponsor POC:
Kelly Williams
In -Lieu Fee Program Coordinator
1652 Mail Service Center
Raleigh, NC 27699
Email: Kelly.williams@deq.nc.gov
Regulatory Bank Manager:
Todd Tugwell
Mitigation Project Manager
Regulatory Division
3331 Heritage Trade Drive, Suite 107
Wake Forest, NC 27587
Email: todd.tugwell@usace.army.mil
Phone: (919) 210-6265
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream North Carolina Stream Quality Assessment Worksheet 665.56 Federal
V ote s:
Bank Name: 16 - RES French Broad 05 UMB- Puncheon Fork Site
Bank Type: Private Commercial
Total Acres: 13.27
Distance to impact: 46 miles from bank location or centroid of bank footprint
USACE Permit No: SAW-2018-00094
Bank States: North Carolina
Bank Sponsor: Environmental Banc & Exchange, LLC
3600 Glenwood Avenue
Suite 100
Raleigh, NC 27612
Phone: (919) 209-1056
Bank Sponsor POC:
Jamey McEachran
Sponsor
Email: jmceachran@res.us
Phone: (919) 623-9889
Amy Staley
3600 Glenwood Ave, Suite 100
Raleigh, NC 27612
Email: nccreditsales@res.us
Phone: (919) 209-1055
Regulatory Bank Manager:
Mr. Steve Kichefski
Bank Manager
151 Patton Avenue
Room 208
Asheville, NC 28801
Email: Steven.L.Kichefski@usace.army.mil
Phone: (828) 271-7980 X 234
Credit Type Credit Classifications Assessment Method Available Credits Jurisdiction
Stream Cold Water Stream USACE 2003 Stream Mitigation Guidelines 1777.12 Federal
Wetland Riparian, Non-Riverine North Carolina Wetland Assessment Method .05 Federal
fires
Environmental Banc & Exchange, LLC Stream and Wetland Banks
Statement of Availability January 16, 2025
Simple Life
Attn: Gabriel Wahila & Tyson Kurtz (Agent)
135 2nd Ave N
Jacksonville FL 32250
Re Project: Simple Life — The Farm
This document confirms that Simple Life (Applicant) for the Simple Life — The Farm (Project) has expressed an
interest to utilize 0.049 Riparian Wetland Mitigation Credits from the Environmental Banc & Exchange sponsored
RES French Broad 05 Umbrella Mitigation Bank, specifically 0.049 wetland credits from the Puncheon Fork Site in the
French Broad HUC 06010105. As the official Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the
fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes
by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation
Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and
the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price.
Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the
debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured
by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also
be sent to regulatory agencies showing the proper documentation.
If you have any questions, please contact me at 919-209-1055, astaley@res.us, or nccreditsales@res.us.
Best Regards,
Amy Staley
Credit Sales Manager
RES I res.us
cc: Joey Winston, U.S. Army Corps of Engineers
cc: Andrew Moore (or assigned), NCDEQ-Division of Water Resources
cc: Eric Romaniszyn, EnviroScience
JOSH STEIN
cevcrnar
D. REID WILSON
Secretary
MARC RECKTENWALD
r r cror
Michael McCann
Simple Life Farm at Flat Rock, LLC
135 2nd Ave N
Jacksonville, FL 32250
NORTH CAROLINA
Envlruny"enmi Qualky
January 17, 2025
Expiration of Acceptance: 7/17/2025
Project: Simple Life - The Farm County: Henderson
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the applicable 404 Permit/401 Certification within this time frame, this acceptance
will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a
copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment
must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and the Terms and Conditions on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies, available bank credit
and may exceed the impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
French Broad
06010105
Riparian Wetland
Up to 0.113
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need
additional information, please contact Kelly.Williams@deq.nc.gov.
Sincerely,
Alr�tlt�
Kelly B. Williams
In -Lieu Fee Program Coordinator
cc: Tyson Kurtz, agent
_EQ7 North Carolina Department of Environmental Quality I [ vlslon of Mitiption striders
W Wesr Jones Strcer 1 1652 Mail Service Center I Ra 69K North Carolina 276911•165Z
919.707.9976
Appendix E:
• Threatened and Endangered Species Preliminary Habitat
Assessment
• USFWS Northern long-eared bat and tri-colored bat D-Key
and technical letter.
Simple Life - The Farm
Approximately 10.45 Acres
Henderson County, NC
Preliminary Threatened and Endangered Species Review and Habitat Assessment
Prepared For
(.,c'6
Lire :arye. Carry less.
135 2nd Avenue North
Jacksonville Beach, FL 32250
Prepared By
EnviroScience'
Excellence In Any Environment
145 Th Avenue W
Suite B
Hendersonville, NC 28792
January 24, 2025
Table of Contents
1.0
INTRODUCTION............................................................................................................ 3
2.0
METHODOLOGY...........................................................................................................3
3.0
HABITAT CLASSIFICATION........................................................................................... 6
3.1
Stream........................................................................................................................6
3.2
Agricultural Field......................................................................................................... 6
3.3
Disturbed Forest Edge................................................................................................ 7
3.4
Bottomland Hardwood Forest..................................................................................... 7
3.5
Maintained Lawn........................................................................................................ 7
3.6
Emergent Agricultural Wetland..................................................................................... 8
3.7
Ditch Wetland............................................................................................................. 8
3.8
Bottomland Hardwood Forest Wetland....................................................................... 8
3.9
Riverine Swamp Forest Wetland................................................................................. 8
3.10
Soils............................................................................................................................8
4.0
PROTECTED SPECIES................................................................................................. 9
4.1
Mammals....................................................................................................................9
4.2 Reptiles......................................................................................................................10
4.3 Amphibians................................................................................................................10
4.4 Insects.......................................................................................................................11
4.5 Plants........................................................................................................................12
5.0 CONCLUSION AND RECOMMENDATIONS.................................................................13
6.0 LITERATURE CITED.....................................................................................................15
List of Tables
Table 1: Federally Protected Species in the IPaC Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
Table 3: Recommendations for the Simple Life — The Farm Project.
List of Figures
Figure 1: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: Aerial Imagery Map
Figure 4: Habitat Map
Figure 5: NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data
Appendix B: Photolog
EnviroScience, Inc. Page 2 of 15
Project #25-0001 Simple Life - The Farm
1.0 INTRODUCTION
The following report includes methodology and results for a threatened and endangered species
review and habitat assessment for the Simple Life — The Farm project location. The project boundary
encompasses about 10.45 acres in Flat Rock, Henderson County, North Carolina (Figure 1). The
site ranges in elevation from 2,114 to 2,142 feet above mean sea level (MSL) (Figure 2). The project
area is located at 143 Thumper Woods Lane in East Flat Rock. The site is mostly agricultural land
with forested edges. Dunn Creek runs through the western portion of the project area (Figure 3).
The project area is proposed for a new'Simple Life' tiny home residential community and associated
infrastructure.
The threatened and endangered species review was conducted to determine the occurrence of or
the potential for occurrence of federally listed threatened and endangered animal and plant species
within the project boundary. Completion of this review was directed by and complies with three
current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-
1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North
Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22).
2.0 METHODOLOGY
A comprehensive site assessment was conducted by Tyson Kurtz and Jessica Larimer on January
8, 2025, to identify habitats that exist within the project boundary. These habitats were then
compared with recognized habitats for federally protected species potentially occurring on the
site, as identified by the US Fish and Wildlife Service (USFWS).
During the habitat assessment and species survey, flora were identified to the taxonomic unit level
necessary to determine if the specimen was a federally protected species.
United States Fish & Wildlife - Information for Plannina and Consultation Environmental
Prior to the site assessment, USFWS Information for Planning and Consultation Environmental
(IPaC) review of the project boundary was performed. The IPaC query, dated January 6, 2025,
generated a list of federally threatened and endangered species and other resources under
USFWS jurisdiction that are known or expected to occur in or near the project boundary. The
query was run again on January 13, 2025, to update the species list to include the newly proposed
endangered eastern hellbender (Appendix A). Table 1 summarizes the species regulated by the
USFWS which have the potential to occur in or near the Simple Life - The Farm project location.
No designated critical habitat for federally listed species is documented within the project area,
nor due any waters on site drain to designated critical habitat.
EnviroScience, Inc. Page 3 of 15
Project #25-0001 Simple Life - The Farm
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North Carolina Natural Heritage Data Explorer
The project boundary was submitted to the North Carolina Natural Heritage Program (NCNHP)
Data Explorer. The response was received for the Simple Life - The Farm project site on January
6, 2025. The response identified zero element occurrences (EO) for federally threatened and
endangered species documented within a one -mile radius of the property boundary (Appendix A).
3.0 HABITAT CLASSIFICATION
The Simple Life - The Farm project site is a mostly agricultural tract with forested edges. Dunn
Creek runs along the western portion of the project area. It is located northwest of the tiny home
residential community, Simple Life - The Village. Ditches were created around the agricultural field
that flow into Dunn Creek and are subject to stormwater drainage from surrounding private
residences. The field covering most of the project site has been left fallow for several years.
During our field investigations on January 8, 2025, ten habitat types were identified within the project
boundary: stream, agricultural field, disturbed forest edge, bottomland hardwood forest, maintained
lawn, ditch wetland, emergent agricultural wetland, bottomland hardwood forest wetland, riverine
swamp forest wetland (Figure 4). A general overview of the site and descriptions of each habitat
type are included below.
3.1 Stream
Approximately 500 feet of Dunn Creek runs from north to south on the western portion of the
project site. It is a NC Division of Water Resources Class C water and flows into Bat Fork.
The average width of Dunn Creek is 8-12 feet. The substrate ranges in size from fine
sediment to gravel. Sedimentation is excessive. Many trees are down along Dunn Creek and
the banks eroded due to Hurricane Helene. There is one unnamed tributary to Dunn Creek
that flows westward within a ditch (+/- 355 ft). The tributary is about 1-2 ft wide and has fine
sediment substrate.
3.2 Agricultural Field
This habitat encompasses the largest area of the project at approximately 5.9 acres. It is
characterized by a dense herbaceous layer with sparse shrubs. There are no trees or vines
present in this habitat. Portions of this habitat appeared to have been mowed recently.
Shrubs in this habitat included red maple (Acerrubrum), multiflora rose (Rosa multiflora), and
brambles (Rubus spp.).
The herbaceous layer was dominated by mugwort (Artemisia vulgaris), (oxtail grass (Setaria
pumila), goldenrod (Solidago spp.), wild strawberry (Fragaria vesca), and Chinese silver
grass (Miscanthus sinensis). Other plants in the herbaceous layer included Rabbit tobacco
(Pseudognaphalium obtusifolium), everlasting pea (Lathyrus latifolius), broomsedge
bluestem (Andropogon virginicus), narrowleaf plantain (Plantago lanceolata), aster
(Symphiotricum spp.), Dutch white clover (Trifolium repens), dock (Rumex spp.), Fescue
spp., partridge pea (Chamaecrista fasciculata), dallisgrass (Paspalum dilatatum), Queen
Anne's lace (Daucus carota), Japanese honeysuckle (Lonicera japonica), evening primrose
(Oenothera biennis), common rush (Juncus effusus), bush clover (Lespedeza spp.), and
woodbine (Clematis virginiana).
EnviroScience, Inc. Page 6 of 15
Project #25-0001 Simple Life — The Farm
3.3 Disturbed Forest Edge
This habitat borders most of the agricultural field along the northern and eastern sides of the
project boundary. It makes up approximately 1.7 acres of the project area.
The tree layer in this habitat consists of immature trees that range in size from 5 - 8" diameter
at breast heigh (DBH). Red maple and tulip poplar (Liriodendron tulipifera) make up most of
the canopy layer. Black cherry (Prunus serotina), American pussy willow (Salix discolor), and
southern red oak (Quercus falcata) were also observed in this habitat.
The forest edge has a dense layer of shrubs dominated by multiflora rose. Other plants in
the shrub layer include Bradford pear (Pyrus calleryana), silky dogwood (Cornus amomum),
Chinese privet (Ligustrum sinense), American pussy willow, American holly (Ilex opaca),
rivercane (Arundinaria gigantea), smooth sumac (Rhus glabra), autumn olive (Elaeagnus
umbellate), tag alder (Alms serrulate), and white pine (Pins strobus).
The herbaceous layer is sparse and made up of mostly Japanese honeysuckle. Other plants
include goldenrod (Solidago spp.), white avens (Geum canadense), deer tongue grass
(Dichanthelium clandestinum), Christmas fern (Polystichum acrostichoides), and Chinese
silver grass.
This habitat had a dense vine layer consisting of oriental bittersweet (Celastrus orbiculatus),
Japanese honeysuckle, English ivy (Hedera helix), and wild grape (Vitis spp.)
3.4 Bottomland Hardwood Forest
This habitat can be found along the eastern and southern portion of the project area and is
about 2.7 acres. The canopy is made up of mostly mature trees ranging from 10-18" DBH.
This area was impacted by Hurricane Helene and has many large trees down.
The most common trees in the canopy include white pine, tulip poplar, and black cherry. Red
maple, white oak (Quercus alba), black gum (Nyssa sylvatica), and black willows (Salix nigra)
were also observed.
The shrub layer is dense with rosebay rhododendrons (Rhododendron maximum). Other
shrubs present include rivercane, Chinese privet, doghobble (Leucothoe fontanesiana),
arrowhead viburnum (Viburnum dentatum), and burning bush (Euonymus alatus).
The herbaceous layer of this habitat was sparse and included Cranefly orchid (Tipularia
discolor), heartleaf (Hexastylis sp.), violets (Viola spp.), golden ragwort, Japanese
honeysuckle, and swamp aster (Symphyotrichum puniceum).
The vine layer consisted of English ivy, poison ivy (Toxicodendron radicans), and wild grape
( Vitis spp.) .
3.5 Maintained Lawn
This habitat is confined to the southeast corner of the project area located behind private
residences and encompasses about 0.1 acres. There are no trees or shrubs in this habitat.
The herbaceous layer is dense and comprised of a variety of turf grasses that are mowed
regularly. Fescue (Festuca spp.), (oxtail grass, crabgrass (Digitaria sp.), dandelion
(Taraxacum officinale), and Dutch white clover make up most of this habitat.
EnviroScience, Inc. Page 7 of 15
Project #25-0001 Simple Life — The Farm
3.6 Emergent Agricultural Wetland
A small portion of an emergent wetland (approximately 0.018 acres) that is mostly located
outside of the project boundary occurs in the northwest corner of the project area. There
are no trees present in this habitat; some shrubs occur along the southern edge. The shrub
layer is dominated by autumn olive (Elaeagnus umbellata), silky dogwood, and Rubus spp.
The herbaceous layer consists of common rush, Japanese stiltgrass, deer tongue grass,
golden ragwort, Japanese honeysuckle, rivercane, wild strawberry, white avens, Joe-Pye
weed (Eutrochium maculatum), swamp aster, and mugwort.
3.7 Ditch Wetland
There are three ditch wetlands on the property that make up approximately 0.064 acres of
the project area. One is in the southeast portion of the project area, one runs along the north
border, and another that cuts southeast. These wetlands have mostly mineral soils, with
some areas having an organic top layer of soil about 1" down. The water table is near to the
surface and there is no tree layer.
Shrubs found in this habitat include multiflora rose, Chinese privet, elderberry, silky dogwood,
dog hobble, swamp rose, mountain laurel, and red maple.
The herbaceous layer is sparse, but includes swamp aster, watercress (Nasturtium
officinale), golden ragwort, and yellowroot (Xanthorhiza simplicissima)
The vine layer consists of common greenbrier (Smilax rotundifolia).
3.8 Bottomland Hardwood Forest Wetland
This wetland is located in the eastern portion of the bottomland hardwood forest habitat
east of Dunn Creek and is approximately 0.041 acres. It is comprised of mineral soil and
shows signs of seasonal saturation. There are no trees present in this wetland. Shrubs
found here include rivercane, multiflora rose, Chinese privet, elderberry (Sambucus
spp.), black gum, rhododendrons, and dog hobble.
The herbaceous layer consists of chickweed (Stellaria media), white avens, bittercress
(Cardamine hirsuta), wild garlic (Allium vineale), dock, and purple deadnettle (Lamium
purpureum). The vine layer is made up of Smilax spp.
3.9 Riverine Swamp Forest Wetland
This wetland habitat is located on the west side of Dunn Creek. It borders the northwest
corner of the project area and occupies approximately 0.028 acres. This linear wetland
exhibits your round surface water and is subject to regular flooding from Dunn Creek in the
bottomland hardwood forest habitat. It has a mucky channel with surface water. The soil is
inundated with sparsely rooted vegetation. There are some Chinese privet and grapevine
(Vitis spp.) growing along the edges of the wetland.
3.10 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Henderson County
Soil Surveys are listed in Table 3 and shown in Figure 5.
EnviroScience, Inc. Page 8 of 15
Project #25-0001 Simple Life — The Farm
Table 2. USDA Soil Units occurring within the project boundary,
Map Unit
Symbol
Map Unit Name
BaB
Bradson gravelly loam, 2 to 7 percent slopes
Co
Codorus loam (arkaqua)
DeB
Delanco (dillard) loam, 2-7% slopes
Ha
Hatboro loam
4.0 PROTECTED SPECIES
The following section provides brief descriptions of each federally listed species included in the
review, its recognized habitat, and comments regarding habitat assessment results for that species.
4.1 Mammals
The proposed project is within the range of gray bat (Myotis grisescens), listed as federally
endangered, and tricolored bat (Perimyotis subflavus), which is proposed for listing as
endangered.
Gray bats roost, breed, rear young, and hibernate in cave or cave -like habitats year-round.
These species occupy cold hibernating caves or mines in winter and warmer caves during
summer. In winter, they hibernate in deep vertical caves with multiple entrances and good air
flow. In summer, foraging takes place in riparian forests where caves are in proximity to
streams, rivers, reservoirs, and nearby water sources.
The tricolored bat (TCB) suitable summer habitat consists of a wide variety of forested or
wooded habitats where they roost, forage, and travel. They utilize living or dead trees with
shedding or peeling bark or have cavities to roost. Potential roosting trees can be as small
as three inches DBH or greater.
No potential hibernacula were observed within the project boundary during the field
assessment for any of the federally listed bat species. No potential hibernacula are apparent
within 0.25 miles of the project boundary based on a desktop review.
Potentially suitable summer habitat was observed on site for TCB during EnviroScience's
preliminary review. Multiple snags and large trees with flaky bark were observed in the forest
and along the forest edge. Therefore, if the proposed endangered status of the TCB is
finalized before development of the project site, a determination will need to be made by the
Army Corps of Engineers (Corps) during a review of proposed impacts to determine if a tree
cutting moratorium applies to all or portions of the site to minimize adverse effects. Potentially
suitable summer habitat for the gray bat was not observed within the project boundary.
For TCB, the USFWS recommends all tree clearing activities occur between November 16
and March 31, conserving trees with loose, shaggy bark and/or crevices, holes, or cavities,
as well as trees with a DBH > 3 inches when possible. This measure avoids impacting the
summer occupancy and fall swarming period for TCB. Tree clearing from October 1 through
November 15 may also be allowable, but further coordination with USFWS is needed to
determine if the project site occurs outside of a fall swarming zone. However, if tree removal,
tree cutting, or forest clearing will be necessary to implement any aspect of this project and/or
the project has a federal nexus, including impacts to aquatic resources, coordination with the
USFWS will be required if the TCB becomes formerly endangered.
EnviroScience, Inc. Page 9 of 15
Project #25-0001 Simple Life — The Farm
If trees present within the project boundary must be cut within the summer occupancy period
or fall swarming periods for TCB (if applicable, and formally endangered), EnviroScience
recommends a mist net survey or acoustic survey be conducted between June 1 and August
15. If a potential or known hibernaculum is found in the vicinity, the USFWS recommends a
0.25-mile tree cutting and subsurface disturbance buffer around the hibernaculum entrance,
however, limited summer or winter tree cutting may be acceptable after consultation with
USFWS.
If no tree cutting or subsurface impacts to hibernaculum are proposed, the project is not likely
to impact TCB if formally listed. If tree clearing must be done between April 1 and November
15, further coordination with USFWS is recommended if the TCB is formally listed as
endangered before the commencement of the project. If less than 10 potential roost trees
are needed to be cleared for the project, and TCB if formally listed as endangered, an
emergence survey during the spring staging window for TCB (April 1 - May 15) may suffice
to document absence of this species immediately preceding clearing.
With the proposed status of TCB and no potentially suitable winter or summer habitat on site
for the gray bat, it is the opinion of EnviroScience that the project is unlikely to adversely
affect the gray bat.
4.2 Reptiles
The bog turtle (Glyptemys muhlenbergii) is listed as Similarity of Appearance (Threatened).
The southern population of the bog turtle, ranging from southern Virginia to northern Georgia,
is protected with a threatened designation because its physical appearance is similar to the
northern population. The southern and northern populations are separated by approximately
250 miles. This designation prohibits collecting individual turtles from this population and
bans interstate and international commercial trade. It has no effect on land management
activities of private landowners in southern states where the bog turtle lives.
Bog turtles are semi -aquatic and spend time in water or on top of hummocky vegetation in
shallow wetland habitats. Bog turtles occupy microhabitats of relatively open -canopy
herbaceous sedge bog, fens, or wet meadows. These microhabitats include slow -moving or
standing water at low volumes, interspersed wet and dry pockets, low -growing grasses and
sedges, high humidity near the ground, and perennial saturation to bury themselves.
Depending on latitude, bog turtles hibernate from mid -September through mid -April and lay
eggs in May through June.
Potentially suitable bog turtle habitat was not found on site. All wetlands were closed canopy
with a sparse herbaceous layer. Most wetlands on site did not have enough organic matter
in soils. It is the opinion of EnviroScience that the proposed project would have no effect on
this species.
4.3 Amphibians
The eastern hellbender (Cryptobranchus alleganiensis) is a large, fully aquatic, salamander
that inhabits clean, fast-moving rivers and large streams in the Appalachian Mountains and
mid -Atlantic states. The eastern hellbender can be found in mountain streams (generally
below 3,000 feet elevation) in the French Broad, Little Tennessee, and Hiwassee River
basins in North Carolina. Fast currents are needed to maintain enough dissolved oxygen to
support cutaneous respiration. Hellbenders use large flat rocks or submerged trees to make
protected nest sites. Occasionally, holes in stream banks can be used for nesting. Excessive
sedimentation can embed potential nest sites and is a key factor in habitat suitability. The
EnviroScience, Inc. Page 10 of 15
Project #25-0001 Simple Life — The Farm
hellbender reproduction period in western North Carolina (breeding, nesting, and hatchling
development) is generally August 15 to November 30.
Potentially suitable habitat for the eastern hellbender was not found at this site. Dunn Creek
exhibits excessive sedimentation throughout the reach within the project boundary.
Additionally, the substrate was also not large enough to support this species. Until the US
FWS publishes
This species is currently listed as proposed endangered by the USFWS as of December 13,
2024. No formal federal management guidelines for protecting this species and its associated
habitat have been released from USFWS. USFWS has 12 months after the closure of the
public notice period (ends February 14, 2025) to determine the final listing status of this
species. If this species becomes listed as endangered, federal management guidelines will
be set in place to minimize adverse impacts.
A biological determination is not applicable currently due to lack of USFWS management
guidance for this species and the proposed status. However, due to the lack of potentially
suitable habitat on site, and no proposed impacts to Dunn Creek, it is the opinion of
EnviroScience that if the proposed listing were to be finalized prior to development of the
project, it would have no effect on the eastern hellbender.
4.4 1 nsects
Monarch butterfly (Danaus plexippus) is listed as a candidate species. The monarch
butterfly is known for its annual migration from Mexico to as far north as Canada. Two
separate migratory populations are known. The eastern population will spend their spring
breeding months in the south-central and southeastern US and travel farther north in
summer breeding months. These eastern monarchs will overwinter in Oyamel fir forests
in the mountains of central Mexico. The western migratory populations is known to spend
summer breeding months in the western US (west of the Rocky Mountains) and migrate
to the California coast during the winter breeding season. Athird, non -migratory population
of monarchs exist in southern Florida. Monarch butterflies require a diversity of native
wildflowers for forage as adults. Milkweed (Asclepius sp.) is specifically required for
reproduction. Milkweeds are the only plants that monarch butterflies will deposit their
larvae, as their caterpillars feed exclusively on milkweed. Under cool temperatures,
development can take up to 60 days, compared to warmer temperatures, where
development is complete in as little as 30 days.
Potentially suitable summer habitat for the monarch butterfly was not observed within the
project boundary. Although some native wildflowers were observed within the agricultural
field, diversity is low in these areas and non-native species are dominant.
This species is currently listed as proposed threatened by the USFWS as of December 12,
2024. No formal federal management guidelines for protecting this species and its associated
habitat have been released from USFWS. USFWS has 12 months after the closure of the
public notice period (ends February 13, 2025) to determine the final listing status of this
species. If this species becomes listed as threatened, federal management guidelines will be
set in place to minimize adverse impacts.
A biological determination is not applicable currently due to lack of USFWS management
guidance for this species and the proposed status.
EnviroScience, Inc. Page 11 of 15
Project #25-0001 Simple Life — The Farm
4.5 Plants
Bunched arrowhead (Sagittaria fasciculata) is federally listed as an endangered species.
It occurs in undisturbed sites that are typically located just below the origin of slow, clean,
continuous seeps on gently sloping terrain in deciduous woodlands. This species requires
consistently moist, sandy, or silty soils fed by clean, slow -moving groundwater or spring
water. It typically grows in partially shaded wetland areas but can also be found along
riverbanks with lateral groundwater seepage. Bunched arrowhead is known from the
upstate of South Carolina and southwestern North Carolina.
Potentially suitable habitat for bunched arrowhead was observed on site. The wetland ditch
within the agricultural field exhibits constant near surface water table in the upper extent and
shallow, seepy surface water flow farther down the ditch. The wetland ditch is potentially
suitable habitat for bunched arrowhead. Because the potentially suitable habitat is within the
limits of disturbance for the project, a survey during the FWS's optimal survey window (mid -
May through July) is necessary to make an effect determination for this species.
Mountain sweet pitcher -plant (Sarracenia rubra ssp. jonesh) is listed as federally
endangered. This species is endemic to a subset of southern Appalachian wetlands
typically referred to as "southern Appalachian bogs" in North Carolina and northwestern
South Carolina along the Blue Ridge Divide. Although a few sites occur in cataract bogs
where sphagnum and other typical bog species occur, most sites are associated with
floodplains and are in level depressions.
Habitat for mountain sweet pitcher -plant consists of mountain bogs and streamsides.
typically on Toxaway silt loam or Hatboro loam soil series. These soils are deep, poorly
drained combinations of loam, sand, and silt with medium to highly acidic pH and high
organic matter content.
Potentially suitable habitat for this species was not documented on site. None of the
wetlands present on site were highly acidic with high organic matter. No incidental
observations of Sarracenia genus individuals were observed during the visit. It is the
opinion of EnviroScience that the proposed project would have no effect on this species.
Small -whorled pogonia (Isotria medeoloides) is federally listed as an endangered
species. It occurs on upland sites in mixed -deciduous or mixed-deciduous/coniferous
forests that are generally in second or third growth successional stages. Characteristics
common to most sites include sparse to moderate ground cover in the species'
microhabitat, a relatively open understory canopy, and proximity to features that create
long persisting breaks in the forest canopy. Soils at most sites are highly acidic and
nutrient poor, with moderately high soil moisture values. Light availability could be a
limiting factor for this species.
Potentially suitable habitat for this species was not observed on site. In the bottomland
hardwood forest, the vegetative layer was too dense to support the small -whorled pogonia.
The forest edges are dense within invasive shrub and vine cover. It is the opinion of
EnviroScience that the proposed project would have no effect on this species.
Swamp pink (Helonias bullata) is listed as federally threatened. It can be found in a variety
of wetland habitats, including mountain bogs, swampy forested wetlands bordering small
streams, wet meadows, and spring seepage areas. Swamp pink can be found across
much of New Jersey and Delaware and sporadically in Maryland, Virginia, North Carolina,
South Carolina, and Georgia.
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Project #25-0001 Simple Life — The Farm
Potentially suitable habitat for swamp pink was observed on site. The riverine swamp
forest wetland cannot support the swamp pink due to periods of inundation. The wetland,
WE, is a ditch wetland through a formerly larger headwater forest wetland. The ditch
retains constant near surface groundwater table. The ditch itself could be potentially
suitable habitat for swamp pink, if any occurred in the wetland before it was ditched and
drained. The proposed development is avoiding the wetland, so a presence/absence
survey is not necessary. It is the option of EnviroScience that development of The Farm
may affect, but it is unlikely to adversely affect this species. If the limits of disturbance
change and this wetland is proposed for impact, a survey would be required during the
USFWS designated survey window of April — May.
5.0 CONCLUSION AND RECOMMENDATIONS
During completion of the threatened and endangered species review and habitat assessment for
the Simple Life — The Farm site, EnviroScience observed potentially suitable summer habitat for the
TCB and potentially suitable habitat for the bunched arrowhead and swamp pink. Project
recommendations relating to these species are outlined below (Table 3).
If the proposed endangered status of the TCB is finalized prior to development of the project site, a
determination will need to be made by the Army Corps of Engineers during a review of proposed
impacts to determine if a tree cutting moratorium applies to all or portions of the site. EnviroScience
will provide notice if the status of the TCB changes prior to the commencement of this project.
A presence/absence survey for bunched arrowhead is needed during the USFWS designated survey
window of mid -May through July within the area of potentially suitable habitat where it overlaps with
the proposed limits of disturbance. Due to potentially suitable habitat for swamp pink being outside
of the proposed limits of disturbance, a presence/absence survey for swamp pink is not required and
it is the opinion of EnviroScience that the project may affect, but is unlikely to adversely affect this
species. If the limits of disturbance changes and the wetland ditch along the southern boundary is
proposed for impact, a survey would be required to make an effect determination.
It is possible that protected species populations and locations may change over time because of
the transitory nature of some of the listed threatened and endangered species and the particular
flower/fruiting periods of some plants. Therefore, any potential findings at a later date should be
fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts.
EnviroScience, Inc. Page 13 of 15
Project #25-0001 Simple Life — The Farm
Table 3. Recommendations for the Simple Life - The Farm Project.
Taxonomic
Scientific Name
Common
Federal
Recommendations
Group
Name
Status
• USFWS recommends tree clearing activities occur
between November 16 and March 31, conserving
trees with loose, shaggy bark and/or crevices,
Perimyotis
Tricolored
Proposed
holes, or cavities, as well as trees with a DBH > 3
Mammals
subflavus
bat
Endangered
inches when possible.
0 No actions are required unless the proposed
endangered status is finalized prior to the
development of the project site.
• A survey during the USFWS survey window (mid-
Sagittaria
Bunched
Endangered
May — July 31) is required to make an effect
fasciculata
arrowhead
determination to proposed impacts to the
potentially suitable habitat.
Plants
Actions may affect, but not likely to adversely affect
due to avoidance of potentially suitable habitat.
Helonias
Swamp
• If the limits of disturbance changes and potentially
bullata
pink
Threatened
suitable habitat for the swamp pink is within the
limits of disturbance, a survey during the
designated survey window (April — May) is needed
to make an effect determination.
EnviroScience, Inc. Page 14 of 15
Project #25-0001 Simple Life — The Farm
6.0 LITERATURE CITED
NCNHP (North Carolina Natural Heritage Program Database). 2024. https://ncnhde.natureserve.orq/.
Accessed January 2025.
NRCS (Natural Resources Conservation Service). 2024. Web Soil Survey for Henderson County.
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed January 2025.
USFWS (US Fish and Wildlife Service). 2022. Optimal Survey Windows for North Carolina's Federally
Threatened, Endangered, and At Risk Plants. https://www.fws.gov/story/2022-03/north-carolinas-
federally-threatened-endangered-and-risk-plant-species. Accessed January 2025.
USFWS. 2024. Bog Turtle. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/6962; Accessed January 2025.
USFWS. 2024. Bunched Arrowhead. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/1720. Accessed January 2025.
USFWS. 2024. Critical Habitat Interactive Mapper.
https://www.arcgis.com/home/webmap/viewer.htmI?url=https://services.arcgis.com/QVENGdaPbd
4LUkLV/ArcGIS/rest/services/USFWS Critical Habitat/FeatureServer&source=sd. Accessed
September 2024.
USFWS. 2024. DRAFT Northern Long-eared Bat and Tricolored Bat Voluntary Environmental Review
Process for Development Projects - Version 1.0. U.S. Fish and Wildlife Service. 23 pp.
USFWS. 2024. Eastern Hellbender. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/9039. Accessed January 2025.
USFWS. 2024. Gray Bat. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/6329. Accessed January 2025.
USFWS. 2024. Monarch Butterfly. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/9743. Accessed January 2025.
USFWS. 2024. Mountain Sweet Pitcher Plant. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/4283. Accessed January 2025.
USFWS. 2024. Small Whorled Pogonia. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/1890. Accessed January 2025.
USFWS. 2024. Swamp Pink. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/4333. Accessed January 2025.
USFWS. 2024. Tricolored Bat. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/10515. Accessed January 2025.
USFWS Information, Planning, and Consultation System. 2024. https://ecos.fws.gov/ipac/. Accessed
January 2025.
EnviroScience, Inc. Page 15 of 15
Project #25-0001 Simple Life — The Farm
Figures
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Appendix A:
US Fish and Wildlife Service IPaC -
Official Species List
NC Natural Heritage Program Data
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street, Suite B
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2025-0038503
Project Name: 25-0001 The Farm
e x
hSai k 4YYFJiYJft
+cfln7i�
i�
01/13/2025 17:05:40 UTC
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
Project code: 2025-0038503 01/13/2025 17:05:40 UTC
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
• Wetlands
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
2of14
Project code: 2025-0038503
01/13/2025 17:05:40 UTC
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street, Suite B
Asheville, NC 28801-1082
(828) 258-3939
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Project code: 2025-0038503 01/13/2025 17:05:40 UTC
PROJECT SUMMARY
Project Code: 2025-0038503
Project Name: 25-0001 The Farm
Project Type: Residential Construction
Project Description: proposed residential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.301083000000006,-82.39816174859352,14z
I?' '.} k%
11) 121anfi i..roek
Counties: Henderson County, North Carolina
4of14
Project code: 2025-0038503 01/13/2025 17:05:40 UTC
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
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Project code: 2025-0038503 01/13/2025 17:05:40 UTC
MAMMALS
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
REPTILES
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
NAME STATUS
Eastern Hellbender Cryptobranchus alleganiensis alleganiensis Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/9039
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Proposed
There is proposed critical habitat for this species. Your location does not overlap the critical Threatened
habitat.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
Bunched Arrowhead Sagittaria fasciculata
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1720
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1890
STATUS
Endangered
Endangered
Threatened
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NAME STATUS
Swamp Pink Helonias bullata Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4333
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
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IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Jessica Larimer
Address:
145 7th ave west
Address Line 2:
suite b
City:
Hendersonville
State:
NC
Zip:
28792
Email
jlarimer@enviroscienceinc.com
Phone:
5612524736
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
14 of 14
Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
January 6, 2025
clement Riddle
ClearWater Environmental Consultants, INc
145 7th ave West, Suite B
hendersonville, NC 28792
RE: The Farm; 25.001
Dear clement Riddle:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/our-facilities?tvr)e=%5B%22Conservation%200ffice%22%5D&state name=%S
B%22North%20Ca rol i na%22%SD.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage�dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
? 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421
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Appendix B:
Photolog
Photo 1. Typical view of agricultural field.
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Photo 2. Typical view disturbed forest edge.
Photo 3. Typical view of ditch wetland through agricultural field.
Photo 4. Typical view of ditch wetland in forested area along southern boundary.
Photo 5. Typical view of bottomland hardwood forest.
Photo 6. Bottomland hardwood forest wetland.
Photo 7. Typical view of stream - unnamed tributary within ditch.
Photo 8. Typical view of Dunn Creek, facing upstream.
FhlQli .k�4Y�l1ff
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street, Suite B
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To: 01/06/2025 21:44:33 UTC
Project code: 2025-0038503
Project Name: 25-0001 The Farm
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for'25-0001 The Farm'
Dear Jessica Larimer:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on January 06, 2025, for
'25-0001 The Farm' (here forward, Project). This project has been assigned Project Code
2025-0038503 and all future correspondence should clearly reference this number. Please
carefully review this letter. Your Endangered Species Act (Act) requirements may not be
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat and Tricolored Bat Range -wide Determination Key (Dkey), invalidates this
letter. Answers to certain questions in the DKey commit the project proponent to
implementation of conservation measures that must be followed for the ESA determination to
remain valid. Note that conservation measures for northern long-eared bat and tricolored bat
may differ. If both bat species are present in the action area and the key suggests more
conservative measures for one of the species for your project, the Project may need to apply
the most conservative measures in order to avoid adverse effects. If unsure which conservation
measures should be applied, please contact the appropriate Ecological Services Field Office
Determination for the Northern Long -Eared Bat and Tricolored Bat
Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC
Based upon your IPaC submission and a standing analysis completed by the Service, your project
has reached the following effect determination(s):
Species
Tricolored Bat (Perimyotis subflavus)
Listing Status Determination
Proposed NLAA
Endangered
Federal agencies must consult with U.S. Fish and Wildlife Service under section 7(a)(2) of the
Endangered Species Act (ESA) when an action may affect a listed species. Tricolored bat is
proposed for listing as endangered under the ESA, but not yet listed. For actions that may affect a
proposed species, agencies cannot consult, but they can confer under the authority of section 7(a)
(4) of the ESA. Such conferences can follow the procedures for a consultation and be adopted as
such if and when the proposed species is listed. Should the tricolored bat be listed, agencies must
review projects that are not yet complete, or projects with ongoing effects within the tricolored
bat range that previously received a NE or NLAA determination from the key to confirm that the
determination is still accurate.
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination key for the northern long-eared bat and tricolored bat does not
apply to the following ESA -protected species and/or critical habitat that also may occur in your
Action area:
• Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened)
• Bunched Arrowhead Sagittaria fasciculata Endangered
• Gray Bat Myotis grisescens Endangered
• Monarch Butterfly Danaus plexippus Proposed Threatened
• Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
• Small Whorled Pogonia Isotria medeoloides Threatened
• Swamp Pink Helonias bullata Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Steps
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
DKey Version Publish Date: 12/17/2024
2of13
Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 230-155097478. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat and Tricolored Bat Range -wide
Determination Key to ensure that they are accurate.
3. Click on Review/ Finalize to convert the `not likely to adversely affect' technical
assistance letter to a concurrence letter. Download the concurrence letter for your files if
needed.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Asheville Ecological Services Field Office and reference Project Code 2025-0038503 associated
with this Project.
DKey Version Publish Date: 12/17/2024 3 of 13
Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
25-0001 The Farm
2. Description
The following description was provided for the project '25-0001 The Farm':
proposed residential development
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a?35.301083000000006,-82.39816174859352,14z
F 1 41" 6
a Dunn amok
M
y
DKey Version Publish Date: 12/17/2024 4 of 13
Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for a least one species covered by this determination
key.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
listed bats or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Is the action area wholly within Zone 2 of the year-round active area for northern long-
eared bat and/or tricolored bat?
Automatically answered
No
3. Does the action area intersect Zone 1 of the year-round active area for northern long-eared
bat and/or tricolored bat?
Automatically answered
No
4. Does any component of the action involve leasing, construction or operation of wind
turbines? Answer 'yes' if the activities considered are conducted with the intention of
gathering survey information to inform the leasing, construction, or operation of wind
turbines.
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
DKey Version Publish Date: 12/17/2024
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Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
10. [Semantic] Is the action area located within 0.5 miles of a known bat hibernaculum?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need
additional information, please contact your State wildlife agency.
Automatically answered
No
11. Does the action area contain any winter roosts or caves (or associated sinkholes, fissures,
or other karst features), mines, rocky outcroppings, or tunnels that could provide habitat
for hibernating bats?
No
12. Does the action area contain (1) talus or (2) anthropogenic or naturally formed rock
shelters or crevices in rocky outcrops, rock faces or cliffs?
No
13. Will the action cause effects to a bridge?
Note: Covered bridges should be considered as bridges in this question.
No
14. Will the action result in effects to a culvert or tunnel at any time of year?
No
DKey Version Publish Date: 12/17/2024
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Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC
15. Are trees present within 1000 feet of the action area?
Note: If there are trees within the action area that are of a sufficient size to be potential roosts for bats answer
"Yes". If unsure, additional information defining suitable summer habitat for the northern long-eared bat and
tricolored bat can be found in Appendix A of the USFWS' Range -wide Indiana Bat and Northern long-eared bat
Survey Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-
guidelines.
Yes
16. Does the action include the intentional exclusion of bats from a building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats or tricolored bats are present, answer "Yes." Answer "No" if there are no
signs of bat use in the building/structure. If unsure, contact your local Ecological Services Field Office to help
assess whether northern long-eared bats or tricolored bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures.
No
17. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
18. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
19. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic permanently or temporarily on one or more existing roads?
Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of
the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding,
etc.). .
No
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20. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
21. Will the proposed Action involve the creation of a new water -borne contaminant source
(e.g., leachate pond, pits containing chemicals that are not NSF/ANSI 60 compliant)?
Note: For information regarding NSF/ANSI 60 please visit https://www.nsf.org/knowledge-library/nsf-ansi-
standard-60-drinking-water-treatment-chemicals-health-effects
No
22. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
23. Will the action include drilling or blasting?
No
24. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
25. Will the proposed action involve the use of herbicides or other pesticides other than
herbicides (e.g., fungicides, insecticides, or rodenticides)?
No
26. Will the action include or cause activities that are reasonably certain to cause chronic or
intense nighttime noise (above current levels of ambient noise in the area) in suitable
summer habitat for the northern long-eared bat or tricolored bat during the active season?
Chronic noise is noise that is continuous or occurs repeatedly again and again for a long
time. Sources of chronic or intense noise that could cause adverse effects to bats may
include, but are not limited to: road traffic; trains; aircraft; industrial activities; gas
compressor stations; loud music; crowds; oil and gas extraction; construction; and mining.
Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat
can be found in Appendix A of the USFWS' Range -wide Indiana Bat and Northern long-eared bat Survey
Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-
guidelines.
No
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27. Does the action include, or is it reasonably certain to cause, the use of permanent or
temporary artificial lighting within 1000 feet of suitable northern long-eared bat or
tricolored bat roosting habitat?
Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat
can be found in Appendix A of the USFWS' Range -wide Indiana Bat and Northern long-eared bat Survey
Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-
guidelines.
Yes
28. Will the action cause an increase in the extent of suitable forested habitat exposed to
artificial lighting?
No
29. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
30. Will the proposed action occur exclusively in an already established and currently
maintained utility right-of-way?
No
31. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property.
No
32. Does the project intersect with the 0- 9.9% forest density category?
Automatically answered
No
33. Does the project intersect with the 10.0- 19.9% forest density category map?
Automatically answered
No
34. Does the project intersect with the 20.0- 29.9% forest density category map?
Automatically answered
No
35. Does the project intersect with the 30.0- 100% forest density category map?
Automatically answered
Yes
36. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 100 acres in total extent?
No
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37. Will the proposed action result in the use of prescribed fire?
Note: If the prescribed fire action includes other activities than application of fire (e.g., tree cutting, fire line
preparation) please consider impacts from those activities within the previous representative questions in the key.
This set of questions only considers impacts from flame and smoke.
No
38. Does the action area intersect the tricolored bat species list area?
Automatically answered
Yes
39. [Semantic] Is the action area located within 0.25 miles of a culvert that is known to be
occupied by northern long-eared or tricolored bats?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need
additional information, please contact your State wildlife agency.
Automatically answered
No
40. Has a presence/probable absence bat survey targeting the tricolored bat and following the
Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey Guidelines been
conducted within the project area?
No
41. Is suitable summer habitat for the tricolored bat present within 1000 feet of project
activities?
(If unsure, answer ""Yes.
Note: If there are trees within the action area that may provide potential roosts for tricolored bats (e.g., clusters of
leaves in live and dead deciduous trees, Spanish moss (Tillandsia usneoides), clusters of dead pine needles of
large live pines) answer ""Yes."" For a complete definition of suitable summer habitat for the tricolored bat,
please see Appendix A in the Service's Range -wide Indiana Bat and Northern long-eared Bat Survey Guidelines.
Yes
42. Do any of the trees proposed for cutting or other means of knocking down, bringing down,
topping, or trimming provide potential roosts for tricolored bats (e.g., clusters of leaves in
live and dead deciduous trees, Spanish moss (Tillandsia usneoides), clusters of dead pine
needles of large live pine trees)?
Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat
can be found in Appendix A of the USFWS' Range -wide Indiana Bat and Northern long-eared bat Survey
Guidelines at: https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-
guidelines.
Yes
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43. Will any tree cutting/trimming or other knocking or bringing down of trees be conducted
during the Pup Season for tricolored bat?
Note: Bat activity periods for your state can be found in Appendix L of the Service's Range -wide Indiana Bat and
Northern long-eared Bat Survey Guidelines.
No
44. Do you have any documents that you want to include with this submission?
No
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PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
2.0
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IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Jessica Larimer
Address:
145 7th ave west
Address Line 2:
suite b
City:
Hendersonville
State:
NC
Zip:
28792
Email
jlarimer@enviroscienceinc.com
Phone:
5612524736
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
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