20191335 Ver 1_PCN Form Submission_20191002

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02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Charge only if needed.
BIMS # Assigned
20191335
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Andrew Moore:eads\awmoore3
Information for Initial Review
1a. Name of project:
COURTESY COPY - Well Spring Memorial Garden
1a. Who is the Primary Contact?*
Ronnie Dilbeck, PG
1 b. Primary Contact Email:
[e-mail]
Date Submitted
10/2/2019
Nearest Body of Water
LIT Monger Creek
Basin
Little Tennessee
Water Classification
WS -III
Site Coordinates
Latitude:
35.0521247
A. Processing Information
County (or Counties) where the project is located:
Macon
Is this project a public transportation project?*
r Yes r No
Longitude:
-83.1991723
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
Version# *
1
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
rJ 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
39 - Commercial/Institutional Developments
F 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: r Yes r No
For the record only for Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r- No
Acceptance Letter Attachment
1h. lathe project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r- No
B. Applicant Information
1d. Who is applying for the permit?
F- Owner FT Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Highlands United Methodist Church
2b. Deed book and page no.:
E-23/1927
2c. Responsible party:
Board of Trustees / James J. Kay, Chairman
2d. Address
Street Address
315 Main Street
Address Line 2
CKY
Highlands
Pbstal / Zip Cade
28741
2e. Telephone Number:
[phone]
29. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Ronnie Dilbeck, PG
State/ Rwince / Pagion
NC
Country
USA
2f. Fax Number:

3b. Business Name:
CreekStone,PLLC
3c. Address
Street Address
132 Blueberry Lane
Address Lim 2
City
Franklin
Postal / Zip Code
28734
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(ff appropriate)
1c. Nearest municipality/ town:
Highlands
2. Project Identification
2a. Property Identification Number:
7540307562
2c. Project Address
Street Address
315 Main Street
Address Lim 2
City
Highlands
Postal / Zip (ode
28741
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT Monger Creek
3b. Water Resources Classification of nearest receiving water:*
WS -III
3c. What river basin(s) is your project located in?*
Little Tennessee
3d. Please provide the 12 -digit HUC in which the project is located.
060102020201
4. Project Description and History
State / Province / legion
NC
Country
USA
3e. Fax Number:
2b. Property size:
1.07
State / Province / legion
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The parcel currently has a paved parking lot that serves the church on the adjacent parcel and 0.097 acres of wetland, and a spring head. The wetland is surrounded by a partially
wooded area. The wetland, spring head and partially wooded area are not currently used in any capacity.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes f No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Topographic Map.pdf
27.19MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Map single.pdf 140.68KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.097
49. List the total estimated linear feet of all existing streams on the property:

40
4h. Explain the purpose of the proposed project:*
The purpose of the project is to create a memorial garden through the wooded area and wetlands. A spring eAsts within the wetland boundary. The project shall include a board walk, a
foot bridge, a stone seating wall, four benches, and a gate. The intent is to maximize enjoyment of the natural area to sit, view, and walk.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The walking paths, stone wall, and foot bridges shall be keyed into the existing grade and permanently alter the landscape. Clearing will be done as needed to install the proposed
infrastructure.
Construction of the project shall include using the following equipment:
CAT 312 Excavator (or equivalent), CA 232D Skid Steer (or equivalent), CAT D3K2 Mulcher (or equivalent), Thompson HT Trash Pump (or equivalent), Silt Fence, and Erosion Control
and Stabilization measures shall adhere with local, state, and federal requirements.
Indirect impacts would be potential on -Site and off -Site impact to water quality during construction; however, all necessary erosion control measures will be implemented to reduce
impact.
4j. Please upload project drawings for the proposed project.
05 -29 -19 -Highlands UMC-SP-1.pdf 1.22MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
F Yes r No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
F Preliminary r Approved r" Not Verified r" Unknown r N/A
Corps AID Number:
SAW -2013-01653
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Ronnie Dilbeck, PG
Agency/Consultant Company: CreekStone,PLLC
Other:
f Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
May 3, 2019
5dl. Jurisdictional determination upload
HUMCpjd10022019_0001.pdf 6.6MB
6. Future Project Plans
6a. Is this a phased project?*
f Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
V Wetlands r Streams -tributaries r Buffers
r- Open Waters r Pond Construction
2. Wetland Impacts
—11
!a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact
Jurisdicition*(?) area*
>P-1 7777] Nature Path JP
Isolated Wetlands Wetlands Yes Both 0.050
(acres)
29. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.050
29. Total Wetland Impact
0.050

2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The intent of the project is to highlight the natural beauty of the existing wetlands. The wetlands are impacted by means of construction of pedestrian
infrastructure to allow foot traffic to travel through the wetlands, and view the wetlands. Avoidance and minimization was achieved by proposing the
bulk majority of impact, such as the stone wall outside the delineated wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The proposed design leaves the wetlands primarily intact and therefore, the construction shall carefully install the proposed footpaths, bridges, and
benches without demolishing the wasting landscape. The machinery used shall be the least intrusive possible to complete the installation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impact is less than 0.10 acres of wetland.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) -
1. Diffuse Flow Plan
1a. Does the project include oris it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The project is not taking place in a Riparian Buffer county. Additionally, the project does not propose removing the e>asting buffer of the wetlands.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15ANCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed project has minimal impact to enhance the enjoyment of the eAsting wetland. Additional development as a result of the proposed
project is not anticipated.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
U.S. Fish and Wildlife IPaC interface and Endangered and Threatened Species List.
Consultation Documentation Upload
MA Consistency Letter_ Northern Long -Eared Bat (NLEB) Consultation and 4(d) Rule Consistency 2019-09-24.pdf 248.34KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Fisheries Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC National Register of Historical Places
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
National Flood Hazard FIRMette via FEMA
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature t-
*
[7 By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");

• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act" );
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Ronnie Dilbeck, PG
Signature
Date
10/2/2019

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO.
STREET ADDRESS:
Please print:
Property Owner:
Property Owner:
See Attachment Exhibit "A"
PARCEL ID:
315 Main Street, Highlands, NC 28741
Highlands United Methodist Church, c/o Board of Trustees,
James J. Kay, Chairman
The undersigned, registered property owners of the above noted property, do hereby authorize
Ronnie Dilbeck, PG
Of
(Contractor / Agent)
CreekStone Environmental
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Same as above
Telephone:
828-526-3376
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Qa.y,-e,�
orized Signa re __
Date: 01Il-�2ke7`I
Authorized Signature
Date:

ATTACHMENT
EXHIBIT "A"
Referenced Description of Property:
The south 70 feet of Lots 209, 211, 213, 215, 217, 219, 221, and a portion of Lot 223 and the
south 30 feet of Lot 207, all in the Town of Highlands, Highlands Township, Macon County,
North Carolina, approximately 0.43 acres.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2013-01653 County: Macon U_S.G.S. Quad: Highlands
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Highlands United Methodist Church / Attn.: James Kay
Address: P.O. Box 1959
Highlands, NC 28741
Telephone Number: 828-526-3376
Size (acres): 1.07 Nearest Town: Highlands
Nearest Waterway: UT Monger Creek Coordinates: 35.05207 N, 83.19893 W
River Basin/ HUC: Upper Little Tennessee (06010202)
Location description: The site is located on a tract of land (PIN 7540-30-7562) at 350 Spring Street in Highlands
Macon County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have
been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this
preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands
that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely
an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area,
which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have
the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33
USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation
that can be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA

jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at
828-271-7980, ext. 4232 or [e-mail].
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S., at this site, are as approximately depicted on the attached Aquatic Resource Map (dated
April 9, 2019) submitted by CreekStone, PLLC.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the
Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you
will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by, N/A (Preliminary -JD).
2

**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
David Brown
Issue Date of JD: May 3, 2019 Expiration Date: N/A Preliminary JD
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at
hitp:Hcorpsmqpu.usace.army.mil/cm apex/f?p=136.4.0.
Copy furnished:
CreekStone, PLLC, Ronnie Dilbeck, 132 Blueberry Lane, Franklin, NC 28734

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PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: May 3, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Highlands United Methodist Church / Attn.: James Kay
P.O. Box 1959
Highlands, NC 28741
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW -2013-01653, Highlands United Methodist Church
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located on a tract of land (PIN 7540-30-7562) at 350 Spring Street in Highlands, Macon County, North
Carolina.
State: NC County/parish/borough: Macon City: Highlands
Center coordinates of site (lat/long in degree decimal format): 35.05207 N, 83.19893 W
Universal Transverse Mercator: N/A
Name ofnearest waterbody: UT Monger Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: May 3, 2019
Q Field Determination. Date(s):
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
UI
Centered Coordinates
Estimated Amount of
Geographic
Site Number
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
Eg Section 404
Wetland
35.05207
-83.19893
0.097Wetland
0 Non -wetland Waters
0 Section 10/404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
UI

permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with
all the terms and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant's acceptance of the use of the
PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by that
activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA
Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: CreekStone, PLLC
® Data sheets prepared/submitted by or on behalf of preliminary JD requester. CreekStone, PLLC
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Highlands.
Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Macon County, NC
❑ National wetlands inventory (NWI) map(s). Cite name:
❑ State/Local wetland inventory map(s):
® Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map No. 3700754000J,
effective date May 4. 2009
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Google Earth Pro, Apr. 2018, Mar. 2017, Oct. 2015, Apr. 2014, Feb. 2012,
Jun. 2008, Sep. 2005, and Mar. 1995
or ❑ Other (Name & Date):
Previous determination(s). File no. and date of response letter: SAW -2013-01653, November 15, 2013
El Applicable/supporting scientific literature:
® Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to a stream channel located to the west and
flows into the channel. Wetland hydrology is enhanced with the abutting stream channel via normal down gradient
flows and periods of high water. The stream channel to the west of the wetland is a UT Monger Creek. This stream
was previously delineated by the Corps in 2013 during a pond removal and stream restoration project authorized
under SAW -2013-01653.

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later jurisdictional determinations.
David Brown, May 3, 2019
Signature and date of Regulatory
staff member completing
preliminary JD
Highl ds United Methodist Church / Attn.: James
Kay
OR
CreekStone, PLLC
(per Agent Authorization)
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
signature is impracticable)
Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record
and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time
frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

.
r s4i i fi. w .ti. n.i A irr.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
htip://www.fws.gov/nc-es/es/countyfr.html
IPaC Record Locator: 920-18430293
September 24, 2019
Subject: Consistency letter for the 'HUMC Memorial Garden' project indicating that any take
of the northern long-eared bat that may occur as a result of the Action is not
prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR
§17.40(o).
Dear Katie Dean:
The U.S. Fish and Wildlife Service (Service) received on September 24, 2019 your effects
determination for the 'HUMC Memorial Garden' (the Action) using the northern long-eared bat
(Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC)
system. You indicated that no Federal agencies are involved in funding or authorizing this
Action. This IPaC key assists users in determining whether a non -Federal action may cause
"take"fll of the northern long-eared bat that is prohibited under the Endangered Species Act of
1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(0). Unless the Service advises you within 30 days of the date of this letter that
your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to
result in unauthorized take of the northern long-eared bat.
Please report to our office any changes to the information about the Action that you entered into
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation.
If your Action proceeds as described and no additional information about the Action's effects on
species protected under the ESA becomes available, no further coordination with the Service is
required with respect to the northern long-eared bat.
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species that also may occur in your Action area:
• Appalachian Elktoe, Alasmidonta raveneliana (Endangered)
• Gray Bat, Myotis grisescens (Endangered)

09/24/2019 IPaC Record Locator: 920-18430293
• Indiana Bat, Myotis sodalis (Endangered)
• Littlewing Pearlymussel, Pegias fabula (Endangered)
• Rock Gnome Lichen, Gymnoderma lineare (Endangered)
• Small Whorled Pogonia, Isotria medeoloides (Threatened)
• Spotfin Chub, Erimonax monachus (Threatened)
• Swamp Pink, Helonias bullata (Threatened)
• Virginia Spiraea, Spiraea virginiana (Threatened)
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

09/24/2019
IPaC Record Locator: 920-18430293
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
HUMC Memorial Garden
2. Description
The following description was provided for the project'HUMC Memorial Garden':
Install a walkway, foot bridge, boardwalk, and benches to enhance viewing
pleasure of the natural landscape. The existing wetland is 0.097 acres and is
surrounded by a partially wooded area. The majority of the proposed work is
outside the existing wetlands.
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.05210384441223N83.19870422174715W
- r S
k5ti- i7
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.v
5.
Determination Key Result
This non -Federal Action may affect the northern long-eared bat; however, any take of this
species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50
CFR §17.40(o).
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.

09/24/2019 IPaC Record Locator: 920-18430293 4
The purpose of the key for non -Federal actions is to assist determinations as to whether proposed
actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule.
If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed
animal species, we recommend that you coordinate with the Service.

09/24/2019 IPaC Record Locator: 920-18430293 5
Determination Key Result
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(o).
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
No
2. Will your activity purposefully Take northern long-eared bats?
No
3. Is the project action area located wholly outside the White -nose Syndrome Zone?
Automatically answered
No
4. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -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. A web page with links to state Natural Heritage
Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/
nhisites.html.
Yes
Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
6. Will the action involve Tree Removal?
No

09/24/2019 IPaC Record Locator: 920-18430293 6
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
0.1
2. If known, estimated acres of forest conversion from April 1 to October 31
0.1
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type Win questions 4-6.
4. Estimated total acres of timber harvest
M
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type Win questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type Win question 10.

09/24/2019 IPaC Record Locator: 920-18430293
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?