No preview available
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 Figures �I Greek CI Ballfour XN AO d dr i m \ William H. King \\ Memorial Park II \� e, �a \�I I I I o• 4th Ave W Jackson Park 11 11 2'9h C'eek aII Il 11 s Barker Heights c°�� a� p a O 7Q's a ,, �fonbu^9 PA � a a� o< tie wa ui >oked Creek Golf Club W a Qa° mQ O S y01 a r Sugarloaf Rd eiG °4 Se Dana Dana Rd Rd a a A O o. Tracy Grove Rd a v rn Project Boundary U p m !� a m v Upward Rd a Upward Rd q W C(esf T 0— Rock F 0 d F 0 Tabor Rd m Buckeye Ford — J Project Boundary ZIrCOnI Vicinity Map Simple Life - The Farm 0 025 0.5 1 Mlles N Figure 1 (+/- 10.45 Ac) I r I r 1 Henderson County, NC. ITIT-1 EnviroSCience" 0 025 0.5 1 Kilometers Excellence In Any Environment I 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 ;r 55 � f -54 i� F I L!53 � -33 -52 t - -r � 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 O 'O o T�'00N C W O a°i co coco c a o o 0 p O E O Z U z z ++ 0o. > co �cc�co E a) O c E +1 ao _ E 0 Cc0 Y � 0 P• m ° :tfO 25 EhoE Y =' Z Z Z z N C Z) Y � Y Ycc cc O Z o Z Z 4.1 O IL Y to U +O+ U; to " to •— C '0 a) •� 'O U a) a) U O 0 ; i p 0 N p .— N 0 0— C L C Y O Y O N U O N C >' a) t> ;O '�, O p Y ma)cc Y E Q— Y N ++" O U> Y a) a) C6 O O p J O U C6 X U 7 C6 Y U 'O U E p O U C N -0 O 'O 'O Y bA Q +-' C6 O y a U O ba O C6 •— 'Y >. C .N-� � C6 J O a) a) O U O O- '� ° Y O N O a) bA a) U U C Y a) C-0 O O N J Y C L C ° p -0 C6 a) U 7 O U 0 O U a) C/�1 -O L C ° U bA CO C6 Cp C6 U C C D bA 'p_ E C a) Y C, p- C ,� O U a) T '� E U> O C O O a) 2 a) H C6 O p — C U E N 0 C � O E L "a O •C CY/l 'a) a) O U� Q Cc N (� N U c p p N '� •V O- •X C U C T co � 7 E r- E C6 U E E C6 co � ++ +�+ 7 0 U 'O �� a) ° O •— Y �_ E •� O L O +" C6 T J p '� O co p a) 0 C6 i y� -O 7 Z) Q a) ,U O E Y fY/7 � D U *�' O C6 "a Z 'O-' C U 7 U ° N N E - 0 E-0 m C ++ U Q p >+ U a) • 'Y T a0, p C6 E .0 C6 O N O C6 Y Q iZ E X a) bA C6 > 0 0 Y cc —Y �'' O a) -p N > Q L O `—' Y E° a) m E U C6 U C U 0 a) U -6 U E Co Ca p Q a) ^, bA " C6 U C .*O—'' 'O C6 L 'Ul YO �' C6 C y — U N Q U a) a) p '�, L p M U O M O U U� 7 U U c C6 -° to O D Q -O 7 0 'O C U C6 O Y >1 O a) bA O �' O O '� ° U E° a) O' C Y 0 Y a) "O N 'C +C+ U° O •f/�1 a) E U Y C>6 U-2 CE6 p U *' C a) -0 O bA O Co LL a) N CC6 U Y :tf .� N m E w p N +' E CEO 0' Q N CO Y N C O U O a) C6 •Y �; N p U U L C O 0 C6 Ci a) C O O to > a) USA a) 0 a) ° m ii E Eco 7 ° a) a) Y E o O ao u, �' o U E Y -O L }, C6 a) -Z •C +, Y U Ul to 'O O- `� O `� E Y O L O 'O a) p O '� a0+ 0 cc COd p C6 X C a) CYd bA C6 7 f U C cc > U N N C6 ° E 'O O� •� N° Q C6 Ccn > ;O C N ccC'' ccU) a) U = O 66co a)C ° L C6 L L U) a) p a) ° U a) a ) cc L � aC :tf C Oa) cn a)41 fC C O Z YC O 0- Z CaE) O YCaN6 p Q 0 E O a)4' O Ilo w a w Nn Q a a O O cc °� C-0 2- p E ccm -0 oY °- _,C Y cns �� �0 E E ° nA w 0- UZ m -0 V c � co = co m Qco O E co m c C o .� m a O CO CO > ° co Z .a N a a) a coC� � N SZ cc a) m Y U O 3 C O E E - Q -0 � U co °x UL cc 0- co cc Q H T p CT a J m Q E in c O o p CV 0 (Y u O wa c 0 / 2 a » Jv)\\f§p ? ,Ie 02 �: f p f± f G s £fE) t a ° % CO ; \ � C f § o o = f a ) / § * ¥ ƒ % . \ ? o 2 E 2 -0 / ) ƒ G \ ° ° 2 } Q5 s_ t % ) \ C t / t \ \ k § § ƒ > 0 M Cc Cl. \ / \ # � 2 3 0 a � § 0 D / J k ƒ\ k = D \ 6 `5 3) 7 CO a o , \ 0 \ \ \ ƒ / \ j \ 2 S � _ G ° r - / # k to r- / j / c ) } j »jy®00/e 2 -0 2 2 m= a) § 0 0 \ 2° S e � Q a G. " s� '0 = = I j 0 k , j/\\ / \ a) a) 0- >, ca 2 / § / k — o m = — < 3 / b o \�\ \d0 . }�\ D Eee '000 Mn 0 Cco § (D U { ® �� \ E \ / cc D 2 2 7 \ \ \ \ k ) I $ 9 9 3 3 / 2 ) \ k / K t = m § y = E cc k o = G G / $_ £ ® 3 \ cc k @ ® ( \ CO 5 $ 3 Cc k 5 \ \ \ § ` c \ /z co )}a @ E a 0 = 0 G 2 E cc Ln \ a_ 0 \ / / \ &2¥ /\�\ �t/w k\§\ 0 c 0 u m .. 2 Cl) Cl) 2 0 2 0 _ } \\\/ k$ 7 $ ___@ \ o a) \\\\ \0\/ 2 ± 2 3 &/ Cl) '0 \\ 0 '0 b\ k\kk }\\ ƒ � /// LU 0- 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. EnviroScience, Inc. Page 12 of 15 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 Memorial Park II � O Jackson Park Barker Heights Flat Rock Ravenwood , ' l Easf�Flat= III Project Boundary 9 a _ ll Project Boundary Kenmure Golf /� � 0< J Club ��� r Vicinity Ma Simple Life - The Farm 0 0.25 0.5 Miles N Figure 1 P (+/- 10.45 Ac) Henderson County, NC. N 0 0.25 0.5 1 Kilometers m i Buckeye Fo EnviroScience" Excellence In Any Environment NAn 1QF3?nii gt—Pl— N-h Carolina FIPS i?nn Ft ns o o E "'�!w M qrs I'm PIP � �- _ '.row �' ( ._;�t��� � ''.71►ti�. ��� .� % 1;+] 1 Project Boundary two USGS Topographic.. Simple The Farm 11 1,000 2,000 Feet Figure1:24K Scale Quad: Cliffield Mtn (+/- 10.45 Ac) I I I I I a 2 . •County,A . - - 11 11 • 11 Meters NAn 1QF3?nii SfafcPlanc Nnrth farnlina FIPS i?nn Ff IIS 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 3of14 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. 5of14 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 6of14 Project code: 2025-0038503 01/13/2025 17:05:40 UTC 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. 7of14 Project code: 2025-0038503 01/13/2025 17:05:40 UTC 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 CO \ s 2 7a e \ \ \ / CO/ \ J \± CO \ ± a \ CO U (n ��\ E�\ \ cn � \ \ CO 2 s CO / s e E \ \ 4 D \ ƒ \ \ CO/ § u v a e ? \ ( a \ \ E / 2 3 2 4 ° u ® 2 \\/ H/ » 7 om / © z e e \ g » p o 7 6 § xLL LU / ®e / \ e coco cn 2 CO© » © e 3 E CO ej =Z 4 °z6 \ E \ \ o \ CO�// / a \ / \ / ^ f E 6 \ _ 0 E \ \ \ co § / / { / / / E 3 E / § » \ / \ \ \ \ » t / E CO \ \ E e / m CO 3\ CO\/ \ -J \\ » \ .g e \ \\ \ co mu m \/ CO =\ w s s � ///\\ CO \ n % / \ / \ \ \ u u » CO 0E \ \ \ / n \ E \ E c = ® / = E ® cn e j / 353 x % Ze o % > I \ \ CC3 4a t\S » « ® /E \\\ 3±x \�\ CO 2 3 ( \ CO 2 \ \ ) \ 0 % w E \ \ec Z co Co > Zsa CO / \ \ \ \ CO E } O CO ? \ \ \ E \ 0 \ ƒ \ \ CO / / � B § \ c I� I..L 66 0 co co i w z U z C: p Howard GaP �a d G a �b O"V,afd Rd D "I., 73 pu sa6va�Jvu e b Pa Aeji% 3vv b N 3 7 O a M1�`E d pa �a �d a any punoj6aie� 9 tt M O M N a Appendix B: Photolog Photo 1. Typical view of agricultural field. s Y $�e ti ice„ E � s 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 �R'7�Yff'R 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 5of13 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 6of13 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 DKey Version Publish Date: 12/17/2024 7of13 Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC 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 DKey Version Publish Date: 12/17/2024 8 of 13 Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC 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 DKey Version Publish Date: 12/17/2024 Vorl,� Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC 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 DKey Version Publish Date: 12/17/2024 10 of 13 Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC 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 DKey Version Publish Date: 12/17/2024 11 of 13 Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC 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 DKey Version Publish Date: 12/17/2024 12 of 13 Project code: 2025-0038503 IPaC Record Locator: 230-155097478 01/06/2025 21:44:33 UTC 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 DKey Version Publish Date: 12/17/2024 13 of 13