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Home My WebLink About11. Bomber Heights-Habitat Assessment Memo-USFWS determinations-8.0-8.1 July 17, 2026 Ryan McCune Nexamp Solar, LLC 101 Summer Street, Floor 2 Boston, MA 02110 RE: NLEB and Glaucous Sedge Habitat Assessment Memo Bomber Heights Solar 117 Troy Road Town of Ithaca, Tompkins County, New York LaBella Project Number: 2240665 Dear Mr. McCune: This summary report presents the findings of a northern long-eared bat (NLEB) (Myotis septentrionalis), glaucous sedge (Carex glaucodea), and reflexed sedge (Carex retroflexa) habitat assessment for an approximately 60-acre parcel (Study Area) located at 117 Troy Road, Town of Ithaca, Tompkins County, New York. LaBella Associates D.P.C. (LaBella) conducted a field survey on January 20th, 2026, to document existing habitats, plants, and wildlife within the Study Area. Suitable habitat for the NLEB and associated species of the glaucous sedge and reflexed sedge community were documented on-site, and existing conditions were noted. In addition, the monarch butterfly, which is currently proposed to be federally-listed as threatened, may potentially be found on site, and is addressed below. Resources reviewed prior to conducting the fieldwork included the following: • Concept plans for potential development provided by the client • United States Fish and Wildlife Service (USFWS) Environmental Conservation Online System Information for Planning and Consultation Species List (Dated July 16, 2026) • USFWS – New York Towns of NLEB Summer Roosts (Updated March 2019) • New York State Department of Environmental Conservation (NYSDEC) Environmental Resource Mapper for rare wildlife, plants, and significant habitats in the vicinity of the site (NYSDEC, 2019) • NYSDEC Map of NLEB Occurrences by Town August 2022 Data (NYSDEC, 2022) PROPOSED PROJECT AND STUDY AREA DESCRIPTION The proposed Project entails the development of solar energy. The Project is proposed within a suburban area and the Study Area contains forests, streams, wetlands, and utility lines. The trees within the Study Area consist of red maple (Acer rubrum), northern red oak (Quercus rubra), white oak (Quercus alba), shagbark hickory (Carya ovata), white pine (Pinus strobus), and white ash (Fraxinus americana). The open areas consist of overgrown shrubs, invasive privet and buckthorn, and wetland plants such as soft rush (Juncus effusus) and sensitive fern (Onoclea sensibilis). 2 The habitat assessment is based on the suitable roosting habitat for NLEB which consists of forested areas with trees greater than 3 inches in diameter at breast height (DBH) that are dead, dying, or alive with crevices/peeling bark. Additionally, the habitat assessment included identifying potential habitat for the glaucous sedge and reflexed sedge. SPECIES OF CONCERN AND HABITAT SURVEY Myotis septentrionalis – Northern Long-Eared Bat NLEB was relatively common in New York prior to the wide-spread fungal infection known as “white- nose syndrome” (WNS) (NYNHP, 2026). NLEB was listed as endangered by both USFWS and NYSDEC in March 2023. NLEB overwinter in hibernacula that includes caves and abandoned mines. After emerging from hibernation in the spring, NLEB will typically migrate about 40 to 50 miles to summer roost sites. Suitable roosting habitat typically consists of trees (dead, dying, or alive) with loose or peeling bark. Trees such as shagbark hickory and black locust (Robinia pseudoacacia) often have loose exfoliating bark, though many other tree species can be considered suitable roosting habitat. NLEB could also potentially use cracks or crevices in trees and have also been known to occasionally use tree cavities. In general, suitable roost trees are over 3 inches DBH and include snags (dead trees/tree sections) and trees with exfoliating bark. WNS is the predominant threat to NLEB. Other threats to NLEB include winter habitat loss and disturbance to winter habitat, the loss of summer habitat which may result in longer flights between suitable roosting and foraging habitat, the fragmentation of maternity colonies, and direct impacts to bats while bats are active on the landscape or roosting in trees. To avoid potential direct impacts to roosting NLEB, tree removal is generally recommended by USFWS to occur between November 1 and March 31 of any given year, though other restrictions may apply due to overall acreage or tree removal or if known roost trees or hibernacula are in the vicinity of a proposed project. NYSDEC concurs with USFWS that NLEB population decline is not the result of habitat loss (NYSDEC, 2023), and with the exception of Suffolk County, trees are not currently a limiting resource for NLEB in New York. However, this bat species utilizes all types of forests for foraging and other life behaviors and when forests are converted to another use, such areas no longer provide benefits to NLEB. NYSDEC encourages the voluntary implementation of all forest management activities during the hibernation period for NLEB, which is between November 1 and March 31 throughout New York State, with the exception of Suffolk County, which is between December 1 and February 28. In areas deemed as occupied habitat by NYSDEC, which means a project site within 5 miles of a known hibernation site or 3 miles from a documented summer occurrence, additional protections for such occupied habitat are required which usually entails various restrictions on tree cutting to avoid a take of NLEB. Based on the NYSDEC Map of NLEB Occurrences by Town August 2022 data (NYSDEC, 2022), there are no confirmed NLEB occurrences in Tompkins County. The closest known summer occurrence is located approximately 25 miles to the west, in the Town of Hector in Schuyler County. 3 LaBella reviewed the Project Area to assess the potential for summer roosting habitat for NLEB. The assessment entailed documenting the presence of suitable roost trees over 3 inches DBH, such as snags (dead trees/tree sections) and trees with exfoliating bark. Labella found trees within the Project Area that could potentially provide suitable NLEB habitat. The suitable roost tree species that were found include white ash, white pine, red maple, northern red oak, white oak, and shagbark hickory. All the suitable habitat trees were dead, dying, or alive with hollows, crevices, or peeling bark. All the white ash suitable roost trees were dead. Each tree had a DBH greater than 3 inches with some greater than 50 inches. White oaks and red oaks with a larger DBH and multiple crevices on site may offer potential maternity roosts. The distribution of suitable roost trees was used to determine the outlined habitat areas found in Figure 1. Photographs of the suitable roost trees and different habitat areas can be found in the attached photolog. Project information entered into the Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key (DKey) on the USFWS IPaC website issued a determination of “Not Likely to Adversely Affect” for the Project. The DKey is attached to this memo. Carex glaucodea and Carex retroflexa - Glaucous and Reflexed Sedges Glaucous sedge and reflexed sedge are both listed as threatened by New York State. The glaucous sedge occurs in wet to dry-mesic deciduous forests in seasonally wet depressions and old fields. It can be associated with ecological communities such as Appalachian oak-hickory forests, perched swamp white oaks, and successional old fields. Some of the associated species of the glaucous sedge include red maple, white ash, white pine, white oak, northern red oak, yellow star-grass (Hypoxis hirsuta), and black-edged sedge (Carex nigromarginata). The reflexed sedge occurs in dry-mesic to mesic deciduous forests. It can be associated with ecological communities such as Appalachian oak-hickory forests and Appalachian oak-pine forests. Some of the associated species of the reflexed sedge include white ash, northern red oak, white oak, oval-headed sedge (Carex cephalophora), and Pennsylvania sedge (Carex pensylvanica). Within the Study Area, glaucous sedge- and reflexed sedge-associated species consisted of red maple, white ash, white pine, white oak, and northern red oak. Therefore, there is associated habitat for the glaucous sedge and reflexed sedge within the Study Area. However, no glaucous sedge or reflexed sedge were found in January. The presence of these species may need to be confirmed during the growing season, between May and July. Danaus plexippus - Monarch Butterfly The monarch butterfly is large, easily recognizable butterfly with orange and black wings that is well known for its transcontinental migrations each year. This butterfly is found throughout New York in the summer months, and prefers weedy areas along roadsides, pastures, and fields where milkweed (Asclepias spp.) is found. Female monarch butterflies lay eggs on milkweed, their obligate host plant species, and in the spring and monarch caterpillars feed on the milkweed plant. Habitat loss and fragmentation have occurred throughout the range of the monarch butterfly, and populations have declined significantly over the past 20 years (USFWS, 2024). USFWS announced in December 2024 a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act with a 4(d) rule. The proposed listing and draft 4(d) rule 4 were published and a 90-day comment period ended on March 12, 2025. It is anticipated that USFWS will publish guidance on the species to facilitate agency coordination. Lasmigona subviridis – Green Floater Green floater (Lasmigona subviridis) is a freshwater mussel listed as a state-threatened species in New York and federally proposed as threatened. The green floater prefers streams with slow to medium flows and high-water quality (USFWS, 2026). Typical habitat for this mussel in New York includes calm waters of large creeks and small rivers with good water quality. The species spend the majority of their time buried in sand or small gravel substrates at the bottom of streams and rivers feeding on algae and other small, suspended particles (NYNHP, 2026). Green floater has not been documented in the Study Area or within the vicinity according to NYSDEC ERM and EAF mappers. Based on the probable absence of this species from the Project ROW and the lack of in-water work proposed by the Project, impacts to green floater are not anticipated. Project information entered into the Northeast Determination Key on the USFWS IPaC website issued a determination of “No Effect” for the Project. The DKey is attached to this memo. SUMMARY OF FINDINGS The Study Area provides suitable habitat and roost trees for the NLEB, such as forested areas that are suitable for foraging and roosting in the summer, travel corridors along streams and utility clearings, and several wetland areas for foraging bats. Either all forest management activities should take place between November 1 and March 31 to avoid the removal of suitable roost trees while bats are active on the landscape or an acoustic bat survey can be conducted between May 15 and August 15 to determine presence or probable absence. The Project Site is further than 3 miles from a documented summer occurrence and further than 5 miles from a known hibernacula site, therefore additional mitigation measures are not currently necessary. No glaucous sedge or reflexed sedge was found within the Study Area in January, though associated species of the glaucous sedge and reflexed sedge community within the Study Area. An additional survey may need to be conducted during the growing season to confirm or deny the presence of these species. The monarch butterfly is only proposed for listing and coordination is voluntary. The project plans may increase the amount of meadowland habitat for the monarch and the project can also implement a native pollinator seed mix, maintained by the project, to provide host plants and flowering species preferable to monarch butterfly. The green floater is not currently federally-listed and NYSDEC did not indicate and occurrence records of green floater in the vicinity of the Study Area. Further coordination for this species is not warranted at this time. If you have any questions regarding our findings, please contact us at 607-308-4145. 5 Sincerely, LaBella Associates, D.P.C. Claire Leonardi Field Ecologist Attachments Figure 1 – Locations of suitable habitat areas and roost trees for the NLEB Photolog – Habitat areas and suitable roost trees Agency Correspondence USFWS Official Species List Northern Long-eared Bat and Tricolored Bat Range-wide DKey Northeast DKey NYSDEC ERM References FR, 2022. Federal Register, Volume 87, Issue 229: Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat. Department of the Interior, United States Fish and Wildlife Service. NYNHP. 2026A. Online Conservation Guide for Myotis septentrionalis. Available from: http://www.acris.nynhp.org/guide.php?id=7407. January 21, 2026. NYNHP. 2026B. Online Conservation Guide for Carex glaucodea. Available from: https://guides.nynhp.org/glaucous-sedge/. Accessed January 21, 2026. NYNHP. 2026C. Online Conservation Guide for Carex retroflexa. Available from: https://guides.nynhp.org/reflexed-sedge/. Accessed January 21, 2026. NYNHP. 2026D. Online Conservation Guide for Green Floater. Available at: https://guides.nynhp.org/green-floater/. Accessed July 2026. NYSDEC. 2026A. Environmental Resource Mapper. New York State Department of Environmental Conservation, Albany, NY. Available at: http://www.dec.ny.gov/gis/erm/. Accessed July, 2026. 6 NYSDEC. 2026B. Environmental Assessment Form Mapper. New York State Department of Environmental Conservation, Albany, NY. Available at: https://gisservices.dec.ny.gov/eafmapper/. Accessed July, 2026. NYSDEC. 2022. Northern Long-eared Bat Occurrences by Town (August 24, 2018). Bureau of Wildlife, Albany, NY NYSDEC. 2023. New York State Guidance on Northern Long-eared Bats and Forest Management (May 03, 2023). Division of Fish and Wildlife, Albany, NY USFWS, 2023. Interim Consultation Framework for the Northern Long-eared Bat. USFWS Midwest Regional Division of Ecological Services, Bloomington IN. USFWS, 2023. Standing Analysis and Implementation Plan- Northern Long-Eared Bat Assisted Determination Key. USFWS Midwest Regional Division of Ecological Services, Bloomington IN. USFWS, 2024. Save the Monarch. Available At: https://www.fws.gov/initiative/pollinators/save- monarch. Accessed January 2026. USFWS. 2026. United States Fish and Wildlife Service – Green Floater. Available at: https://www.fws.gov/species/green-floater-lasmigona-subviridis. Accessed July 2026. E King Rd Sa r a n a c W a y Tr o y R d Whi t e t a i l D r Whi t e t a i l D r Cod d i n g t o n R d Sources: 1. Study Area: Created by LaBella using informationprovided by the client.2. Basemap: New York State, Vantor, 2025 0 150 300 Feet Pa t h : B : \ G L O B A L \ P r o j e c t s \ N e x a m p \ 2 2 4 0 6 6 5 - 1 3 4 3 9 3 T r o y H e i g h t s S o l a r P V \ 0 6 _ D r a w i n g s \ E n v i r o n m e n t a l \ H a b i t a t S u r v e y 1 _ 2 0 _ 2 6 \ H a b i t a t S u r v e y M a p \ H a b i t a t S u r v e y . a p r x FIGURE 1 LaBella Project No: 2240665Date: 1/21/2026 Potential Habitat Area/Roost Tree Northern Long-eared Bat Habitat Assessment Memo Bomber Heights Solar 141 Troy Road Ithaca, NY 14850 Nexamp Cr e a t o r : K B R e v i e w e r : L D 1 inch = 300 feet Legend Study Area Potential Roost Tree Potential Habitat Area Road 1 Suitable roost tree - White ash snag near open field Suitable roost tree - Red maple snag Two suitable roost trees – Red oak and white oak Suitable roost tree crevice Bomber Heights Solar Habitat Assessment Photos Ithaca, New York – January 20th, 2026 2 Habitat area – Forested area with oak and pine species and snags Open space Wetland area Stream in forested area Bomber Heights Solar Habitat Assessment Photos Ithaca, New York – January 20th, 2026 07/16/2026 20:27:01 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699 Email Address: fw5es_nyfo@fws.gov In Reply Refer To: Project Code: 2026-0117477 Project Name: Bomber Heights Solar 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 final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that 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. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed 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 is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) Project code: 2026-0117477 07/16/2026 20:27:01 UTC 2 of 7 (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that 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. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), 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 resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/program/migratory-bird-permit/what-we-do. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https:// www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Project code: 2026-0117477 07/16/2026 20:27:01 UTC 3 of 7 ▪ Attachment(s): Official Species List 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 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: New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 (607) 753-9334 Project code: 2026-0117477 07/16/2026 20:27:01 UTC 4 of 7 PROJECT SUMMARY Project Code:2026-0117477 Project Name:Bomber Heights Solar Project Type:Power Gen - Solar Project Description:Proposed solar project on a 60-acre parcel in Town of Ithaca, Tompkins County, NY Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.4077955,-76.47531519778039,14z Counties:Tompkins County, New York Project code: 2026-0117477 07/16/2026 20:27:01 UTC 5 of 7 1. ENDANGERED SPECIES ACT SPECIES There is a total of 3 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 Fisheries , 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. 1 Project code: 2026-0117477 07/16/2026 20:27:01 UTC 6 of 7 MAMMALS NAME STATUS Northern Long-Eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Endangered CLAMS NAME STATUS Green floater Lasmigona subviridis There is proposed critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7541 Proposed Threatened INSECTS NAME STATUS Monarch butterfly Danaus plexippus There is proposed critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/9743 Proposed Threatened 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. Project code: 2026-0117477 07/16/2026 20:27:01 UTC 7 of 7 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Claire Leonardi Address:21 Fox Street City:Poughkeepsie State:NY Zip:12601 Email Phone:5858135691 07/16/2026 20:39:28 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699 Email Address: fw5es_nyfo@fws.gov In Reply Refer To: Project code: 2026-0117477 Project Name: Bomber Heights Solar Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject:Technical assistance for 'Bomber Heights Solar' Dear Claire Leonardi: 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 July 16, 2026, for 'Bomber Heights Solar' (here forward, Project). This project has been assigned Project Code 2026-0117477 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: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 2 of 12 ▪ ▪ 1. 2. 3. Based upon your IPaC submission and a standing analysis completed by the Service, your project has reached the following effect determination(s): Species Listing Status Determination Northern Long-Eared Bat (Myotis septentrionalis)Endangered NLAA 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: Green floater Lasmigona subviridis Proposed Threatened Monarch butterfly Danaus plexippus Proposed 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. 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. Log into IPaC using an agency email account and click on My Projects, click "Search by record locator" to find this Project using 654-184778766. (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.) Review the answers to the Northern Long-eared Bat and Tricolored Bat Range-wide Determination Key to ensure that they are accurate. 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 Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 3 of 12 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 New York Ecological Services Field Office and reference Project Code 2026-0117477 associated with this Project. Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 4 of 12 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Bomber Heights Solar 2. Description The following description was provided for the project 'Bomber Heights Solar': Proposed solar project on a 60-acre parcel in Town of Ithaca, Tompkins County, NY The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.4077955,-76.47531519778039,14z Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 5 of 12 1. 2. 3. 4. 5. 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 Does the proposed project include, or is it reasonably certain to cause, intentional take of listed bats or any other listed species that is not covered by an existing section 10 (a)(1)(A) Recovery Permit, exempted under section 4(d) or authorized by a section 6 cooperative agreement? 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 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 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 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. No Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Note for projects in Pennsylvania: Projects requiring authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S. Army Corps of Engineers (Corps) has issued the Pennsylvania State Programmatic General Permit (PASPGP), which may be verified by the PA Department of Environmental Protection or certain Conservation Districts, the need to receive a Corps authorization to perform the work under the PASPGP serves as a federal nexus. As such, if proposing to use the PASPGP, you would answer ‘yes’ to this question.  Yes Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 6 of 12 6. 7. 8. 9. 10. 11. 12. 13. 14. 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 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 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 Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No [Semantic] Is the action area located within 0.5 miles of a known bat hibernaculum or winter roost? 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 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 Is the action located in New England (CT, MA, ME, NH, RI, or VT)? No Will the action cause effects to a bridge? Note: Covered bridges should be considered as bridges in this question. No Will the action result in effects to a culvert or tunnel at any time of year? No Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 7 of 12 15. 16. 17. 18. 19. 20. 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 the USFWS’ Range- wide Indiana Bat and Northern long-eared bat Survey Guidelines. Yes Does the action include the intentional exclusion of bats from a building or building-like 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 Does the action involve removal, modification, or maintenance of a human-made building- like structure (barn, house, or other building) known or suspected to contain roosting bats? No 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 Will the action include or cause any construction or other activity that is reasonably certain to increase average night-time 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 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 Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 8 of 12 21. 22. 23. 24. 25. 26. 27. 28. 29. 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 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 Will the action include drilling or blasting? No Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use at night)? No Will the proposed action involve the use of herbicides or pesticides (e.g., fungicides, insecticides, or rodenticides)? No 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 the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines. No Does the action include, or is it reasonably certain to cause, the use of permanent or temporary artificial lighting within 1000 feet of suitable forested 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 the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines. No Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming? Yes Is the project related to the production of coal, including projects that support the mining of coal, as well as the production and/or distribution of energy produced from coal? No Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 9 of 12 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Will the proposed action occur exclusively in an already established and currently maintained utility right-of-way? No 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 Does the project intersect with the 0- 9.9% forest density category? Automatically answered No Does the project intersect with the 10.0- 19.9% forest density category map? Automatically answered No Does the project intersect with the 20.0- 29.9% forest density category map? Automatically answered No Does the project intersect with the 30.0- 100% forest density category map? Automatically answered Yes 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 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 Does the action area intersect the northern long-eared bat species list area? Automatically answered Yes [Semantic] Is the action area located within 0.5 miles of radius of an entrance/opening to any known NLEB hibernacula or winter roost? 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 Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 10 of 12 40. 41. 42. 43. 44. 45. [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 [Semantic] Is the action area located within 150 feet of a documented northern long-eared bat roost site? 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.Have you contacted the appropriate agency to determine if your action is within 150 feet of any documented northern long-eared bat roosts? Note: A document with links to Natural Heritage Inventory databases and other state- specific sources of information on the locations of northern long-eared bat roosts is available here. Location information for northern long-eared bat roosts is generally kept in state natural heritage inventory databases – the availability of this data varies by state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. Automatically answered No Is suitable summer habitat for the northern long-eared bat present within 1000 feet of project activities? If unsure, answer "Yes." Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines Yes Are any of the trees proposed for cutting or other means of knocking down, bringing down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees and/or snags ≥3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)? Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines. Yes Will any tree cutting/trimming or other knocking or bringing down of trees occur during the Summer Occupancy season for northern long-eared bats in the action area? Note: Bat activity periods for your state can be found in Appendix 2 of the Service's Northern long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects. No Do you have any documents that you want to include with this submission? No Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 11 of 12 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. Project code: 2026-0117477 IPaC Record Locator: 654-184778766 07/16/2026 20:39:28 UTC DKey Version Publish Date: 07/16/2026 12 of 12 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Claire Leonardi Address:21 Fox Street City:Poughkeepsie State:NY Zip:12601 Email Phone:5858135691 LEAD AGENCY CONTACT INFORMATION Lead Agency:Army Corps of Engineers 07/16/2026 20:47:48 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699 Email Address: fw5es_nyfo@fws.gov In Reply Refer To: Project code: 2026-0117477 Project Name: Bomber Heights Solar Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject:Federal agency coordination under the Endangered Species Act, Section 7 for 'Bomber Heights Solar' Dear Claire Leonardi: 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 July 16, 2026, for “Bomber Heights Solar” (here forward, Project). This project has been assigned Project Code 2026-0117477 and all future correspondence should clearly reference this number. 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 the 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 Northeast 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. The IPaC results indicated the following species is (are) potentially present in your project area and, based on your responses to the Service’s Northeast DKey, you determined the proposed Project will have the following effect determinations: Species Listing Status Determination Green floater (Lasmigona subviridis)Proposed Threatened No effect Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 2 of 9 ▪ ▪ Conclusion If there are no updates on listed species, no further consultation/coordination for this project is required for the species identified above. 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 consultation with the Service should take place before project implements any changes which are final or commits additional resources. Other Species and Critical Habitat that May be Present in the Action Area In addition to the species listed above, the following species and/or critical habitats may also occur in your project area and are not covered by this conclusion: Monarch butterfly Danaus plexippus Proposed Threatened Northern Long-Eared Bat Myotis septentrionalis Endangered Please Note: If the Action may impact bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act (BGEPA) (54 Stat. 250, as amended, 16 U.S.C. 668a-d) by the prospective permittee may be required. Please contact the Migratory Birds Permit Office, (413) 253-8643, or PermitsR5MB@fws.gov, with any questions regarding potential impacts to Eagles. If you have any questions regarding this letter or need further assistance, please contact the New York Ecological Services Field Office and reference the Project Code associated with this Project. Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 3 of 9 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Bomber Heights Solar 2. Description The following description was provided for the project 'Bomber Heights Solar': Proposed solar project on a 60-acre parcel in Town of Ithaca, Tompkins County, NY The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.4077955,-76.47531519778039,14z Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 4 of 9 1. 2. 3. 4. 5. 6. 7. 8. QUALIFICATION INTERVIEW As a representative of this project, do you agree that all items submitted represent the complete scope of the project details and you will answer questions truthfully? Yes Does the proposed project include, or is it reasonably certain to cause, intentional take of listed species? Note: This question 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 Is the action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Note: for projects in Pennsylvania: Projects requiring authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S. Army Corps of Engineers (Corps) has issued the Pennsylvania State Programmatic General Permit (PASPGP), which may be verified by the PA Department of Environmental Protection or certain Conservation Districts, the need to receive a Corps authorization to perform the work under the PASPGP serves as a federal nexus. As such, if proposing to use the PASPGP, you would answer ‘yes’ to this question.  Yes Are you including in this analysis all impacts to federally listed species that may result from the entirety of the project (not just the activities under federal jurisdiction)? Note: If there are project activities that will impact listed species that are considered to be outside of the jurisdiction of the federal action agency submitting this key, contact your local Ecological Services Field Office to determine whether it is appropriate to use this key. If your Ecological Services Field Office agrees that impacts to listed species that are outside the federal action agency's jurisdiction will be addressed through a separate process, you can answer yes to this question and continue through the key. Yes Are you the lead federal action agency or designated non-federal representative requesting concurrence on behalf of the lead Federal Action Agency? No Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? No Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No Is the lead federal action agency the Natural Resources Conservation Service? No Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 5 of 9 9. 10. 11. 12. 13. 14. 15. 16. Will the proposed project involve the use or storage of herbicide? No Will the proposed project involve herbaceous native vegetation removal (including prescribed fire that would result in burning of plants) or mowing? Yes Will the proposed project result in permanent changes to surface water or groundwater quantity, retention, quality or timing? For example, will the proposed project include any activities that would alter stream flow, surface water or groundwater such as water withdrawal, water recharge, wells, infiltration effects, stormwater outlets, hydropower energy production, impoundments, intake structures, water or stream diversion structures, mining, impoundments, dams, surface water drainage, and/or turbines? Projects that include temporary and limited water reductions that will not displace listed species or appreciably change water availability for listed species (e.g. listed species will experience no changes to feeding, breeding or sheltering) can answer "No". Note: This question refers only to the amount of water present in a stream, other water quality factors, including sedimentation and turbidity, will be addressed in following questions. Yes Does the project include activity in or within 300 feet of a freshwater wetland? This includes, for example, project activities within wetlands, project activities within 300 feet of wetlands that may have impacts on wetlands, water withdrawals and/or discharge of contaminants (even with a NPDES). Activities include, but are not limited to wetland draining, ditching, tilling, filling, excavation, stream diversion, impoundments, mowing, grazing of vegetation, access roads, detention basins, water or sewer lines, irrigation, increase in impervious surfaces, and application of pesticides, deicing agents, or fertilizers. Yes Does any component of the project associated with this action include activities or structures that may pose a collision risk to birds (e.g., plane-based surveys, land-based or offshore wind turbines, new or enlarged communication towers or broadcast towers, high voltage transmission lines, any type of towers with or without guy wires)? No Will the proposed project involve demolition, rehabilitation, property elevation, renovation, and/or rebuilding of one or more existing buildings (e.g., residential, commercial and industrial buildings, or utilities)? Note: if project activities include modification of bridges and/or culverts, answer this question "No". No Does the project area intersect the boundary of VAFO? Automatically answered No Does the project area intersect the boundary of CBFO? Automatically answered No Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 6 of 9 17. 18. 19. 20. 21. 22. 23. 24. 25. Are federally listed freshwater mussels known to be present in the action area? Note: If unsure, contact the appropriate Ecological Services Field Office for additional information or answer "NO" and continue through the key. No Did a qualified surveyor conduct a survey for freshwater mussels within the action area with the appropriate level of search effort according to local survey guidance? Note: Answer this question "Yes" if the project is located in WV and the action area is located outside the stream reaches where mussel surveys are required following the West Virginia Mussel Survey Protocol No [Hidden Semantic] Is the proposed project in NY? Automatically answered Yes Will the proposed project activities (including upland project activities) occur within 0.125 miles of the water's edge of a stream or tributary of a stream where listed species may be present? No Will the proposed project directly affect a streambed (below ordinary high water mark (OHWM)) of the stream? No Will the proposed project bore underneath (directional bore or horizontal directional drill) a stream where listed species may be present? No Will the proposed project involve a new point source discharge into a stream or change an existing point source discharge (e.g., outfalls; leachate ponds, fracking fluid) including changes to pH, temperature and/or chemical composition (e.g., choloride, nickel,etc.)? No Will the proposed project involve the removal of sediment or debris, dredging or in-stream gravel mining where listed species may be present? No Will the proposed project involve the creation of a new water-borne contaminant source where listed species may be present? Note: New water-borne contaminant sources occur through improper storage, usage, or creation of chemicals. For example: leachate ponds and pits containing chemicals that are not NSF/ANSI 60 compliant have contaminated waterways. Sedimentation will be addressed in a separate question. No Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 7 of 9 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Will the proposed project involve perennial stream loss, in a stream or tributary of a stream where listed species may be present, that would require an individual permit under 404 of the Clean Water Act? No Will the proposed project involve pesticide use or storage within 200 feet of a karst feature or perennial stream bank where aquatic listed species may be present? No Will the proposed project include activities that could negatively affect fish movement temporarily or permanently (including fish stocking, harvesting, or creation of barriers to fish passage). No Will the proposed project involve earth moving or other ground disturbance that could cause erosion and sedimentation, and/or contamination within 300 feet of a freshwater wetland or along a stream? Note: Answer "Yes" to this question if erosion and sediment control measures will be used. Yes Will the proposed project impact streams or tributaries of streams where aquatic listed species may be present through activities such as, but not limited to, valley fills, large- scale vegetation removal that could result in ground destabilization, and/or change in site topography? No Will the proposed project involve vegetation removal within 300 feet of a perennial stream bank where aquatic listed species may be present? No Will erosion and sedimentation control Best Management Practices (BMPs) associated with applicable state and/or Federal permits, be applied to the project? Note: If BMPs have been provided by and/or coordinated with and approved by the appropriate Ecological Services Field Office, answer "Yes" to this question. Yes Is the project being funded, lead, or managed in whole or in part by U.S Fish and Wildlife Restoration and Recovery Program (e.g., Partners, Coastal, Fisheries, Wildlife and Sport Fish Restoration, Refuges)? No [Hidden Semantic] Does the project intersect WV? Automatically answered No Do you have any other documents that you want to include with this submission? No Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 8 of 9 1. 2. 3. PROJECT QUESTIONNAIRE Approximately how many acres of trees would the proposed project remove? Approximately how many total acres of disturbance are within the disturbance/ construction limits of the proposed project? Briefly describe the habitat within the construction/disturbance limits of the project site. Project code: 2026-0117477 IPaC Record Locator: 654-184780569 07/16/2026 20:47:48 UTC DKey Version Publish Date: 06/10/2026 9 of 9 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Claire Leonardi Address:21 Fox Street City:Poughkeepsie State:NY Zip:12601 Email Phone:5858135691 LEAD AGENCY CONTACT INFORMATION Lead Agency:Army Corps of Engineers !"#$%() *+,%-./0123.44/05/0521 6,%7151 8,"%:.137.0/441;5.400. 8+"%7;37 !"#$%KLR[Z\Z>N^_`gchi^bej!kEUQARlDRAHmUR\QmUQnHKHmFNBKHUAHQHmF?KoUKHpqGJ>UVt?QDRIDABDQ?KQHUKUQUKHUIDABUKUKHUQDOUEFUPHKODAOUqpHKHu@DKHmDrABHRPHVDHKHUAHQHmUQmABHmHPUKAOHQAmHAHKODQHRABHUVt?QOUqpHBUKOr@EA?ABHRPHVDHR?KDAUVt?QDRIDABDQ?KQHUKUQUKHUIDABKUKHPEUQARUQmv?KRDnQDwVUQAQUA@KUEV?OO@QDtHRF !"#$%&'!!()*+,&-! ./, ,, ("#$%&' ,,! !"#$%&')*01! . + 2 2 $. .- ,!*34567348958: 05/29/2026 15:44:24 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699 Email Address: fw5es_nyfo@fws.gov In Reply Refer To: Project code: 2026-0093630 Project Name: Bomber Heights Federal Nexus: no Federal Action Agency (if applicable): Subject:Federal agency coordination under the Endangered Species Act, Section 7 for 'Bomber Heights' Dear Kiana Bacon: 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 May 29, 2026, for “Bomber Heights” (here forward, Project). This project has been assigned Project Code 2026-0093630 and all future correspondence should clearly reference this number. 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 the 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 Northeast 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. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative effect(s)), to a federally listed species 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 activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no further consultation with, or concurrence from, the Service is Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 2 of 9 ▪ ▪ required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]). The IPaC results indicated the following species is (are) potentially present in your project area and, based on your responses to the Service’s Northeast DKey, you determined the proposed Project will have the following effect determinations: Species Listing Status Determination Green Floater (Lasmigona subviridis)Proposed Threatened No effect Conclusion If there are no updates on listed species, no further consultation/coordination for this project is required for the species identified above. 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 consultation with the Service should take place before project implements any changes which are final or commits additional resources. Other Species and Critical Habitat that May be Present in the Action Area In addition to the species listed above, the following species and/or critical habitats may also occur in your project area and are not covered by this conclusion: Monarch Butterfly Danaus plexippus Proposed Threatened Northern Long-eared Bat Myotis septentrionalis Endangered Please Note: If the Action may impact bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act (BGEPA) (54 Stat. 250, as amended, 16 U.S.C. 668a-d) by the prospective permittee may be required. Please contact the Migratory Birds Permit Office, (413) 253-8643, or PermitsR5MB@fws.gov, with any questions regarding potential impacts to Eagles. If you have any questions regarding this letter or need further assistance, please contact the New York Ecological Services Field Office and reference the Project Code associated with this Project. Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 3 of 9 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Bomber Heights 2. Description The following description was provided for the project 'Bomber Heights': Solar development The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.407804,-76.4753174977804,14z Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 4 of 9 1. 2. 3. 4. 5. 6. 7. 8. QUALIFICATION INTERVIEW As a representative of this project, do you agree that all items submitted represent the complete scope of the project details and you will answer questions truthfully? Yes Does the proposed project include, or is it reasonably certain to cause, intentional take of listed species? Note: This question 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 Is the action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Note: for projects in Pennsylvania: Projects requiring authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S. Army Corps of Engineers (Corps) has issued the Pennsylvania State Programmatic General Permit (PASPGP), which may be verified by the PA Department of Environmental Protection or certain Conservation Districts, the need to receive a Corps authorization to perform the work under the PASPGP serves as a federal nexus. As such, if proposing to use the PASPGP, you would answer ‘yes’ to this question. No Will the proposed project involve the use or storage of herbicide? No Will the proposed project involve herbaceous native vegetation removal (including prescribed fire that would result in burning of plants) or mowing? Yes Does any component of the project associated with this action include activities or structures that may pose a collision risk to birds (e.g., plane-based surveys, land-based or offshore wind turbines, new or enlarged communication towers or broadcast towers, high voltage transmission lines, any type of towers with or without guy wires)? No Will the proposed project involve demolition, rehabilitation, property elevation, renovation, and/or rebuilding of one or more existing buildings (e.g., residential, commercial and industrial buildings, or utilities)? Note: if project activities include modification of bridges and/or culverts, answer this question "No". No Does the project area intersect the boundary of VAFO? Automatically answered No Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 5 of 9 9. 10. 11. 12. 13. 14. Are federally listed freshwater mussels known to be present in the action area? Note: If unsure, contact the appropriate Ecological Services Field Office for additional information or answer "NO" and continue through the key. No Did a qualified surveyor conduct a survey for freshwater mussels within the action area with the appropriate level of search effort according to local survey guidance? Note: Answer this question "Yes" if the project is located in WV and the action area is located outside the stream reaches where mussel surveys are required following the West Virginia Mussel Survey Protocol No Will the proposed project result in permanent changes to surface water or groundwater quantity, retention, quality or timing? Note: Projects may affect stream flow, surface water, or groundwater through various activities such as; water withdrawal, water recharge, well drilling, infiltration impacts, stormwater outlets, hydropower production, water impoundments, intake structures, stream diversion, mining operations, dams, surface water drainage, or hydroelectric turbines. If a project only involves temporary and limited reductions in water that will not displace listed species or significantly alter their water availability (meaning there are no changes to their feeding, breeding, or sheltering), you can answer "No" to this question. This question specifically addresses the quantity of water in a stream. Other water quality issues, such as sedimentation and turbidity, will be covered in subsequent questions. No Does the project include activity in or within 300 feet of a freshwater wetland? Note: This encompasses various project activities related to wetlands, including activities taking place within wetlands, activities occurring within 300 feet of wetlands that could impact them, and water withdrawals and/or discharge of contaminants, even if covered by a National Pollutant Discharge Elimination System (NPDES) permit. Examples of such activities include, but are not limited to; wetland draining, ditching, tilling, filling, excavation, stream diversion, impoundments, mowing, grazing vegetation, construction of access roads, creation of detention basins, installation of water or sewer lines, irrigation, increase of impervious surfaces, and application of pesticides, deicing agents, or fertilizers.. Yes Will the proposed project activities (including upland project activities) occur within 0.125 miles of the water's edge of a stream or tributary of a stream where listed species may be present? No Will the proposed project directly affect a streambed (below ordinary high water mark (OHWM)) of the stream? No Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 6 of 9 15. 16. 17. 18. 19. 20. 21. 22. 23. Will the proposed project bore underneath (directional bore or horizontal directional drill) a stream where listed species may be present? No Will the proposed project involve a new point source discharge into a stream or change an existing point source discharge (e.g., outfalls; leachate ponds, fracking fluid) including changes to pH, temperature and/or chemical composition (e.g., choloride, nickel,etc.)? No Will the proposed project involve the removal of sediment or debris, dredging or in-stream gravel mining where listed species may be present? No Will the proposed project involve the creation of a new water-borne contaminant source where listed species may be present? Note: New water-borne contaminant sources occur through improper storage, usage, or creation of chemicals. For example: leachate ponds and pits containing chemicals that are not NSF/ANSI 60 compliant have contaminated waterways. Sedimentation will be addressed in a separate question. No Will the proposed project involve perennial stream loss, in a stream or tributary of a stream where listed species may be present, that would require an individual permit under 404 of the Clean Water Act? No Will the proposed project involve pesticide use or storage within 200 feet of a karst feature or perennial stream bank where aquatic listed species may be present? No Will the proposed project include activities that could negatively affect fish movement temporarily or permanently (including fish stocking, harvesting, or creation of barriers to fish passage). No Will the proposed project involve earth moving or other ground disturbance that could cause erosion and sedimentation, and/or contamination within 300 feet of a freshwater wetland or along a stream? Note: Answer "Yes" to this question if erosion and sediment control measures will be used. No Will the proposed project impact streams or tributaries of streams where aquatic listed species may be present through activities such as, but not limited to, valley fills, large- scale vegetation removal that could result in ground destabilization, and/or change in site topography? No Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 7 of 9 24. 25. 26. 27. 28. 29. 30. 31. 32. Will the proposed project involve vegetation removal within 300 feet of a perennial stream bank where aquatic listed species may be present? No Will erosion and sedimentation control Best Management Practices (BMPs) associated with applicable state and/or Federal permits, be applied to the project? Note: If BMPs have been provided by and/or coordinated with and approved by the appropriate Ecological Services Field Office, answer "Yes" to this question. Yes Is the project being funded, lead, or managed in whole or in part by U.S Fish and Wildlife Restoration and Recovery Program (e.g., Partners, Coastal, Fisheries, Wildlife and Sport Fish Restoration, Refuges)? No Does the project area intersect the Species List Area of the Green Floater Mussel? Automatically answered Yes Does the project area intersect the Birdwing Pearlymussel species list area? Automatically answered No Does the project area intersect the Dromedary Pearlymussel species list area? Automatically answered No Does the project area intersect the Finerayed Pigtoe species list area? Automatically answered No Does the project area intersect the Slabside Pearlymussel species list area? Automatically answered No Do you have any other documents that you want to include with this submission? No Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 8 of 9 1. 2. 3. PROJECT QUESTIONNAIRE Approximately how many acres of trees would the proposed project remove? 23 Approximately how many total acres of disturbance are within the disturbance/ construction limits of the proposed project? 23 Briefly describe the habitat within the construction/disturbance limits of the project site. Deciduous and coniferous forests, open wetland areas, and utility lines. Project code: 2026-0093630 IPaC Record Locator: 884-182050427 05/29/2026 15:44:24 UTC DKey Version Publish Date: 04/24/2026 9 of 9 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Kiana Bacon Address:4104 Vestal Road, Suite 105 City:Vestal State:NY Zip:13850 Email Phone:6073729093 05/29/2026 14:26:50 UTC United States Department of the Interior FISH AND WILDLIFE SERVICE New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699 Email Address: fw5es_nyfo@fws.gov In Reply Refer To: Project code: 2026-0093630 Project Name: Bomber Heights Federal Nexus: no Federal Action Agency (if applicable): Subject:Technical assistance for 'Bomber Heights' Dear Kiana Bacon: 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 May 29, 2026, for 'Bomber Heights' (here forward, Project). This project has been assigned Project Code 2026-0093630 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: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 2 of 11 ▪ ▪ Based upon your IPaC submission and a standing analysis completed by the Service, your project has reached the following effect determination(s): Species Listing Status Determination Northern Long-eared Bat (Myotis septentrionalis)Endangered NLAA 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: Green Floater Lasmigona subviridis Proposed Threatened Monarch Butterfly Danaus plexippus Proposed Threatened You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species and/or critical habitat 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 Coordination with the Service is complete. This letter serves as technical assistance. All conservation measures should be implemented as proposed. Thank you for considering federally listed species during your project planning. 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 New York Ecological Services Field Office and reference Project Code 2026-0093630 associated with this Project. Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 3 of 11 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Bomber Heights 2. Description The following description was provided for the project 'Bomber Heights': Solar development The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@42.407804,-76.4753174977804,14z Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 4 of 11 1. 2. 3. 4. 5. 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 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 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 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 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. No Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Note for projects in Pennsylvania: Projects requiring authorization under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act would be considered as having a federal nexus. Since the U.S. Army Corps of Engineers (Corps) has issued the Pennsylvania State Programmatic General Permit (PASPGP), which may be verified by the PA Department of Environmental Protection or certain Conservation Districts, the need to receive a Corps authorization to perform the work under the PASPGP serves as a federal nexus. As such, if proposing to use the PASPGP, you would answer ‘yes’ to this question.  No Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 5 of 11 6. 7. 8. 9. 10. 11. 12. 13. [Semantic] Is the action area located within 0.5 miles of a known bat hibernaculum or winter roost? 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 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 Is the action located in New England (CT, MA, ME, NH, RI, or VT)? No Will the action cause effects to a bridge? Note: Covered bridges should be considered as bridges in this question. No Will the action result in effects to a culvert or tunnel at any time of year? No 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 the USFWS’ Range- wide Indiana Bat and Northern long-eared bat Survey Guidelines. Yes Does the action include the intentional exclusion of bats from a building or building-like 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 Does the action involve removal, modification, or maintenance of a human-made building- like structure (barn, house, or other building) known or suspected to contain roosting bats? No Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 6 of 11 14. 15. 16. 17. 18. 19. 20. 21. 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 Will the action include or cause any construction or other activity that is reasonably certain to increase average night-time 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 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 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 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 Will the proposed action involve blasting or drilling? No Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use at night)? No Will the proposed action involve the use of herbicides or pesticides (e.g., fungicides, insecticides, or rodenticides)? No Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 7 of 11 22. 23. 24. 25. 26. 27. 28. 29. 30. 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 the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines. No Does the action include, or is it reasonably certain to cause, the use of permanent or temporary artificial lighting within 1000 feet of suitable forested 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 the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines. No Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming? Yes Is the project related to the production of coal, including projects that support the mining of coal, as well as the production and/or distribution of energy produced from coal? No Will the proposed action occur exclusively in an already established and currently maintained utility right-of-way? No 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 Does the project intersect with the 0- 9.9% forest density category? Automatically answered No Does the project intersect with the 10.0- 19.9% forest density category map? Automatically answered No Does the project intersect with the 20.0- 29.9% forest density category map? Automatically answered No Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 8 of 11 31. 32. 33. 34. 35. 36. Does the project intersect with the 30.0- 100% forest density category map? Automatically answered Yes 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 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 Does the action area intersect the northern long-eared bat species list area? Automatically answered Yes [Semantic] Is the action area located within 0.5 miles of radius of an entrance/opening to any known NLEB hibernacula or winter roost? 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 [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 Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 9 of 11 37. 38. 39. 40. 41. [Semantic] Is the action area located within 150 feet of a documented northern long-eared bat roost site? 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.Have you contacted the appropriate agency to determine if your action is within 150 feet of any documented northern long-eared bat roosts? Note: A document with links to Natural Heritage Inventory databases and other state- specific sources of information on the locations of northern long-eared bat roosts is available here. Location information for northern long-eared bat roosts is generally kept in state natural heritage inventory databases – the availability of this data varies by state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. Automatically answered No Is suitable summer habitat for the northern long-eared bat present within 1000 feet of project activities? If unsure, answer "Yes." Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines Yes Are any of the trees proposed for cutting or other means of knocking down, bringing down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees and/or snags ≥3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)? Note: Additional information defining suitable summer habitat for the northern long-eared bat and tricolored bat can be found in the USFWS’ Range-wide Indiana Bat and Northern long-eared bat Survey Guidelines. Yes Will any tree cutting/trimming or other knocking or bringing down of trees occur during the Summer Occupancy season for northern long-eared bats in the action area? Note: Bat activity periods for your state can be found in Appendix 2 of the Service's Northern long-eared Bat and Tricolored Bat Voluntary Environmental Review Process for Development Projects. No Do you have any documents that you want to include with this submission? No Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 10 of 11 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. 23 Project code: 2026-0093630 IPaC Record Locator: 884-181770660 05/29/2026 14:26:50 UTC DKey Version Publish Date: 05/01/2026 11 of 11 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Kiana Bacon Address:4104 Vestal Road, Suite 105 City:Vestal State:NY Zip:13850 Email Phone:6073729093