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HomeMy WebLinkAbout20170974 Ver 2_Individual_20181212SEGS 5315 South College Road, Suite E Wilmington, NC 28412 Ph: 910.452.2711 Email: officegse ig_us Date: 10 December 2018 To: Ms. Karen Higgins Of: DWR 401 & Buffers Unit Raleigh Attached you will find: ❑ Proposal ❑ Sketch(es) ❑ JD Package ❑ Report(s) Transmittal Letter SEGi Project #: 04.200.01 USACE AID: SAW -2009-01847 DWR: 2017-0974 PAID ® Permit Application ❑ Signed Wetland Map ❑ Photo(s) ❑ Plans ❑ Information Request ❑ Other Copies Dated Description 4 12/10/18 Live Oak Bank IP Application These are being delivered: ® For your Review/Comment ❑ Corrected and Returned ❑ Other: *If noted items are NOT attached, please contact our office. ❑ For your Records ❑ Returned for Correction(s) ❑ For your Signature ❑ As Requested Via: ❑ Hand Delivery ® Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other Notes: Karen, should you have any questions or concerns, please call me at 910.443.5330. Signature and (Typed) Name: Dav A. Syster Date: 12/10/18 U.S. ARMY CORPS OF ENGINEERS ENG APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 33 CFR 325. The proponent agency is CECW-CO-R. EXPIRES: 28 FEBRUARY 2013 Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USG 403; Clean Water Act, Sectlon 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413: Regulatory Programs of the Corps of Engineers; Final Rule 33 GFR 320-332" Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawirigs and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICAN7) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - W Middle - Lee Last - Williams First - David Middle -A Last - Syster Company - Live Oak Bank Company - Southern Environmental Group, Inc. E-mail Address-Lee.WiIli ams@liveoak.bank E-mail Address-david.syster@segi.us 6. APPLICANT'S ADDRESS: 9. AGENTS ADDRESS: Address- 1741 Tiburon Drive Address- 5315 South College !toad, Suite E City- Wilmington State - NC Zip - 28403 Country - USA City - Wilmington State - NC Zip - 28412 Country -USA 7. APPLICANT'S PHONE NOs. w1AREA CODE 10. AGENTS PHONE NOs" WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 910-796-1647 910-452-2711 STATEMENT OF AUTHORIZATION t 1. 1 hereby authorize, David Syster, SEGi to actbehalf as my g in the processing of this application and to furnish, upon request, supplemental information in support of this permit appti tion. p" ? /$ SI RE F PPLIC T DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Live Oak Bank Campus Expansion 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Hewlett's Creek Address 1741 Tiburon Drive (tract is adjacent) 15. LOCATION OF PROJECT Latitude: •N 34"201981 Longitude: -W -77.92343 Ci Wilmington City " Slate- NC Zip- 28412 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel lD R06109-004-034-000 Municipality Section - Township- Range- ange- ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE, Page 1 of 3 17. DIRECTIONS TO THE SITE The site is accessed from Independence Blvd by turning on to Tiburon Drive and following it till it ends. Site is located on north side of Tiburon Drive. See Attachment 1 Appendix A 18. Nature of Activity (Description of project, include all features) The project will include the removal of hydric soil from jurisdictional areas within the project area. In areas proposed for buildings and parking, clean earthen fill will be used to bring the site to finished grade. In areas proposed for stormwater retention, additional soil will be removed to the designed pond size and depth. See Attachment 1 for additional information 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of this project is to facilitate the development of the Live Oak Bank Campus. This includes the construction of office buildings, parking decks and associated infrastructure; such as; roads and stormwater facilities. The project is necessary to meet the demand for centralized office space for their rapidly growing company. See Attachment 1 for additional information USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The Applicant anticipates impacting additional 1.57 acres of non -riparian Section 404 jurisdictional wetlands. The impacts are necessary to facilitate the development of buildings, parking and associated infrastructure. Please refer to Appendix E — Wetland Impact Map and Impact Summary Worksheet, for details of the proposed and cumulative impacts. See Attachment 1 for additional information 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Water (Pond Construction) Soil 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 1.57 or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) During the original design process, the project layout was done to avoid all wetland features. To accomplish this the Applicant reduced the area required for parking by utilizing parking decks. This added an additional cost of approximately $10,500 per space put potentially avoided approximately 10 acres of wetland impacts (see Appendix G). The current project design was done to compact the site as much as possible and is evident by the continued utilization of parking decks and in the proximity of the building to one another (See Appendix E). See Attachment 1 for additional information. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? ZX Yes RNo IF YES, DESCRIBE THE COMPLETED WORK A Department of the Army (DoA) Nationwide Permit (NWP) and associated Division of Water Resources (DWR) 401 Certification (401) were issued for the entire project in 2017. This Authorization included a NWP 39 to fill 0.204 acre of wetlands and 0.125 acre of ditches. The authorization also included a NWP 18 for fill of 0.034 associated with the installation of a stormwater pipe and riprap. See Attachment 1 for additional information. 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (it more than can be entered here, please attach a supplemental list). a. Address- See Attachment 1 City - State - Zip - b. Address - City - State - Zip - c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER USACE NWP 18&39 SAW -2011-01812 2017-10-13 DWR 401 Certification 2017-0974 2017-10-13 USACE JD SAW -2011-01812 2017-07-03 Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work d 'bed herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE V SIGNATURE Of AGENT DTE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 Attachment 1 Live Oak Bank Campus Individual Permit Application Supplemental Documentation Requested By: Live Oak Bank 1714 Tiburon Drive Wilmington, NC 28403 Prepared By: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.452.2711 Date: 10 December 2018 V5 Section Title Page I. Purpose and Need................................................................................ II. Location Existing Conditions................................................................... III. Project History ..................................................................................... IV. Project Description................................................................................ V. Avoidance and Minimization.................................................................... VI. Alternatives......................................................................................... A. No Action.................................................................................... B. Construction Techniques Alternatives..................................................... C. Alternate Site Location................................................................... D. Preferred Location........................................................................ VII. Sequence of Events.................................................................................. VIII. Compensatory Mitigation.......................................................................... IX. Adjacent Property Owners........................................................................ X. Other Authorizations............................................................................... XI. Summary ............................................................................................ Appendices A. Site Location and Vicinity Map............................................................... B. USACE Jurisdictional Determination Issued 03 July 2017 ................................. C. Google Earth 2016 Aerial Photograph........................................................ D. 2017 NWP and Wetland Restoration Credit Receipt ....................................... E. Live Oak Bank Campus Wetland Impact Map ............................................... F. Previous Project Designs and Layouts........................................................ G. Conceptual Parking Lot Plan .................................................................... H. Lower Cape Fear Mitigation Bank Reservation Letter ...................................... I. Adjacent Property Owner Map................................................................. J. Other State and Local Issued Permits......................................................... Table of Contents TOC -i 1 1 1 2 2 3 3 3 3 4 4 4 4 5 5 Live Oak Bank 2018 IP Application Supplemental Information SEGi I. Purpose and Need The purpose of this project is to facilitate the development of the Live Oak Bank Campus. This includes the construction of office buildings, parking decks and associated infrastructure; such as; roads and stormwater facilities. The project is necessary to meet the demand for centralized office space for their rapidly growing company. The Applicant did receive a Nationwide Permit in 2017 to complete the construction of Buildings 3 and 5, however over the past year, Live Oak has started two technology based companies, that will require the continued expansion of their campus. 1) Currently there are 100 Apiture employees located in downtown, and mid town Wilmington, that need to locate onto the campus as soon as possible. Apiture is a cloud based financial services company owned 45% by Live Oak. To make a comparison, Apiture would be similar to the nCino technology company started 6 years ago, that now has 750 employees in Wilmington, NC, requiring 2, 50,000 square feet office buildings 2) Live Oak is also 50% owner of the Canapi Technology Fund that will require future space on our campus. This fund will incubate financial service software companies, similar to Apiture, and nCino. Its primary location will be on our campus in Wilmington, NC. In addition to these new companies, Live Oak Bank continues on their own, banking growth model, where they have added 6 new business lending lines in 2018. This growth will require current and future staffing into the next 3-5 years. We also added Live Oak Wealth Management in 2018 that is currently located on our current campus and will eventually require a separate building to service their clients. The Live Oak business model continues to grow at a rate of 15% annually, requiring additional lending, and support staffing similar to this top line revenue growth. To ensure the Live Oak Campus can meet the required office space and infrastructure needs of this rapidly growing company, it is necessary to impact additional wetlands to facilitate development. II. Location and Existing Conditions The proposed project is located at the corner of Tiburon Drive near the intersection of Shipyard Boulevard and Independence, in New Hanover County, North Carolina (34.2025°N, -77.9077°W). To access the site from Independence Boulevard, traveling west from Shipyard take a right onto Tiburon Drive and the site will be on your left. (see Appendix A — Site Location and Vicinity Maps) The subject parcel is comprised of approximately 31.80 acres; 27.62 acres of existing property with an additional 4.20 acre expansion included with this application. According to the wetland boundary survey, approximately 1.57 acres of wetlands exist within the project boundaries (see Appendix B — JD issued 3 July 2017). Currently, Buildings 1 and 2 are existing and work has begun on Buildings 3 and 4. Infrastructure has been installed in the vicinity of the existing buildings. (see Appendix C — 2016 Google Earth Aerial). III. Project History A Department of the Army (DoA) Nationwide Permit (NWP) and associated Division of Water Resources (DWR) 401 Certification (401) were issued for the entire project in 2017. This Authorization included a NWP 39 to fill 0.204 acre of wetlands and 0.125 acre of ditches. The authorization also included a NWP 18 for fill of 0.034 associated with the installation of a stormwater pipe and riprap. The project numbers, assigned by the regulatory agencies, include those listed below: Live Oak Bank 2018 IP Application Supplemental Information SEGi Table 1. Project numbers associated with the project. Wetland impacts that were authorized in 2017 were offset by the Applicant's payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB), for 0.476 acres of non -riparian wetland restoration credit (see Appendix D). Please refer to Table 3, on Page 4, for details of the mitigation for this project. IV. Project Description The Applicant anticipates impacting additional 1.57 acres of non -riparian Section 404 jurisdictional wetlands. The impacts are necessary to facilitate the development of buildings, parking and associated infrastructure. Please refer to Appendix E — Wetland Impact Map and Impact Summary Worksheet, for details of the proposed and cumulative impacts. Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction process. The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and deposit the fill material within the project boundaries. Sediment and erosion control measures will be installed prior to commencement of land disturbing activities. Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of Environmental Concern (AECs). A CAMA Consistency Determination is being prepared concurrently with this permit application. The Division of Coastal Management's (DCM's) consistency determination will be submitted to the USACE and DWR upon receipt. Threatened and endangered species and archaeological concerns were addressed within the 2017 issued DoA and DWR permits. The Applicant understands the ACOE will review the additional 4.20 acre expansion and determine if additional work is necessary. V. Avoidance and Minimization It was the Applicant's desire to avoid and/or minimize impacts to wetlands to the greatest extent practicable. During the original design process (Pre -2017), the project layout was done to avoid all wetland features (See Appendix F, Original Layout). To accomplish this the Applicant reduced the area required for parking by utilizing parking decks. This added an additional cost of approximately $10,500 per space put potentially avoided approximately 6-8 acres of wetland impacts (see Appendix G). The current project design was done to compact the site as much as possible and is evident by the continued utilization of parking decks and in the proximity of the building to one another (See Appendix E). Additional secondary impacts were minimized by adjusting the stormwater normal pool level to a height similar to that of the adjacent wetlands. This prevented any secondary subsurface drainage. During the design of soil and erosion control plan, measures (such as silt fence and sediment traps) were utilized to ensure no sediment would migrate from the site during construction and into the adjacent wetlands. Authorized Issuing Agency Document Project Number Date Issued Expiration Date Impacts (AC) USACE Nationwide Permit 18 & 39 2011-01812 10/13/17 03/18/22 0.238 DWR 401 Water Quality Certification 2017-0974 10/13/17 03/18/22 0.238 USACE Signed Wetland Survey 2011-01812 07/03/17 07/03/22 Table 1. Project numbers associated with the project. Wetland impacts that were authorized in 2017 were offset by the Applicant's payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB), for 0.476 acres of non -riparian wetland restoration credit (see Appendix D). Please refer to Table 3, on Page 4, for details of the mitigation for this project. IV. Project Description The Applicant anticipates impacting additional 1.57 acres of non -riparian Section 404 jurisdictional wetlands. The impacts are necessary to facilitate the development of buildings, parking and associated infrastructure. Please refer to Appendix E — Wetland Impact Map and Impact Summary Worksheet, for details of the proposed and cumulative impacts. Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction process. The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and deposit the fill material within the project boundaries. Sediment and erosion control measures will be installed prior to commencement of land disturbing activities. Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of Environmental Concern (AECs). A CAMA Consistency Determination is being prepared concurrently with this permit application. The Division of Coastal Management's (DCM's) consistency determination will be submitted to the USACE and DWR upon receipt. Threatened and endangered species and archaeological concerns were addressed within the 2017 issued DoA and DWR permits. The Applicant understands the ACOE will review the additional 4.20 acre expansion and determine if additional work is necessary. V. Avoidance and Minimization It was the Applicant's desire to avoid and/or minimize impacts to wetlands to the greatest extent practicable. During the original design process (Pre -2017), the project layout was done to avoid all wetland features (See Appendix F, Original Layout). To accomplish this the Applicant reduced the area required for parking by utilizing parking decks. This added an additional cost of approximately $10,500 per space put potentially avoided approximately 6-8 acres of wetland impacts (see Appendix G). The current project design was done to compact the site as much as possible and is evident by the continued utilization of parking decks and in the proximity of the building to one another (See Appendix E). Additional secondary impacts were minimized by adjusting the stormwater normal pool level to a height similar to that of the adjacent wetlands. This prevented any secondary subsurface drainage. During the design of soil and erosion control plan, measures (such as silt fence and sediment traps) were utilized to ensure no sediment would migrate from the site during construction and into the adjacent wetlands. Live Oak Bank 2018 IP Application Supplemental Information VI. Alternatives SEGi The Applicant investigated other potential means of developing the subject parcel, and has been unable to find a practicable alternative that would achieve the proposed goal and stated purpose. They are as follows: A. "No Action" Alternative The No Action Alternative (leaving the proposed impact areas undeveloped) would not be feasible for several reasons: As it relates to Stormwater Pond Construction: The the Live Oak Bank Campus stormwater pond and corresponding infrastructure was designed to accommodate the size and location of the proposed buildings. Removal of a portion of the pond would require the elimination of built upon area and ultimately the loss of buildings from the site plan. The loss of these buildings would result in the inability to provide the needed office space and is therefore not practicable. As it relates to Building 6 Construction: Currently Building 6 and a portion of the adjacent parking lot are proposed within wetlands. Removal of Building 6 would result in the loss of necessary office space. As described above, the Applicant is currently trying to re -locate associates from several sites within Wilmington to their centralized Campus. The removal of Building 6 or a portion of Building 6 from the Campus would reduce the required office space needed to move staff and is therefore not practicable. B. Construction Techniques Alternatives As it pertains to Stormwater Pond Construction: The Applicant and Engineer considered innovative stormwater techniques to attempt to reduce the pond area. Subsurface stormwater containment and treatment is commonly used under parking areas in commercial and retail sites where space is limited. This type of system was considered but a high water table and unsuitable soils present made it not practicable. As it pertains to Building 6 Construction: During the latest design, consideration was given to modify the footprint and orientation of Building 6 to eliminate wetland impacts. However due to the limited area and proximity to the property line this option was not successful and therefore not practicable. C. Alternate Site(s) Additional Oleander Company Land to the East: The Applicant has purchased an additional 4.20 acres of the adjacent property to allow the construction of Buildings 9, 10 and 11. Currently there is no additional land available within this tract and thus, this alternative is not practicable. Purchase of Alternate Non -Adjacent Site: Due to the fact that the Applicant owns the land the project is located upon and begun significant development of this parcel, it would not be economically feasible to purchase another non -adjacent property to facilitate the development. Therefore, this alternative is not practicable. Live Oak Bank 2018 IP Application Supplemental Information SEGi D. Preferred Location The proposed impacts are the preferred alternative, as they provide the location specific impacts necessary to meet the purpose and need of the project. The Applicant has removed impacts associated with parking, clustered buildings and limited the proposed impacts to specific needs within the project area. For those proposed impacts that remain, they are the Least Damaging Practicable Alternative. VII. Sequence of events The Applicant has secured stormwater and S&EC permits for portions of the upland development. These permits may need to be modified. The work will consist of clearing the land, removing the hydric soils from the impact areas, and stabilizing the soil and establishing grade. Work is anticipated to begin once the USACE, DWR and DCM authorizations have been issued and the proposed wetland restoration credit payment fulfilled. VIII. Compensatory Mitigation The Applicant is proposing to offset unavoidable wetland impacts through payment to a private mitigation bank for wetland restoration credit. Wetland impacts proposed within this permit application will be offset with payment to the Lower Cape Fear Mitigation Bank (LCFMB) for 3.25 acres of non -riparian wetland credit (see Appendix H). To date, the Applicant has impacted 0.238 acre of wetlands with the NWP issued in 2017 and has secured 0.50 acre of wetland restoration credit through the LCFMB to off -set those impacts (see Appendix Q. The table below summarizes the cumulative impacts and associated mitigation for the Live Oak Bank Campus: Permit Type of Impact Impact Acreage Permittee LCFMB Credit Status R06109-004-036-000 2 The Oleander Co Inc Responsible AC 2017 NWP Non -Riparian 0.238 AC 0.00 AC 0.50 AC Fulfilled0 2018 IP (Proposed) Non -Riparian 1.57 AC 0.00 AC 3.25 AC Proposed Total Cumulative 7 1.81 AC 0.0 AC 3.75 AC Impacts R06109-004-030-000 9 The Oleander Co Inc. R06109-004-031-000 Table 2 Cumulative Impact and Mitigation Summary IX. Adjacent Property Owners The following table includes all the properties that abut the project limits. Please refer to Appendix I, for a map of the adjacent properties. Map Key ID Owner's Name New Hanover County Parcel ID 1 Tiburon Parc Property Owners Assoc R06109-004-036-000 2 The Oleander Co Inc R06109-004-032-000 3 The Oleander Co Inc R06109-004-035-000 4 S & R Properties R06110-005-001-000 5 The Oleander Co Inc R06109-004-024-000 6 Lighthouse Medical Properties LLC R06113-001-009-000 7 Milwaukee Mi Holding LLC R06113-001-010-000 8 The Oleander Co Inc R06109-004-030-000 9 The Oleander Co Inc. R06109-004-031-000 10 Tiburon Parc Property Owners Assoc R06109-004-033-000 11 Trillium Health Resources R06113-001-001-001 Table 4. Live Oak Bank Campus Adjacent Property Owners as of November 2018. Please note that New Hanover County's GIS system does not provide the mailing address for property owners. Live Oak Bank 2018 IP Application Supplemental Information X. Additional Authorizations The proposed project will require the following environmental permits: SEGi Type Agency Date Issued or Applied For 401 Water Quality Certification NC DWR Applying for concurrently with IP CAMA Consistency NC DCM Applying for concurrently with IP State Stormwater Permit NC DWR Issued 24 July 2018* S&EC Permit NC DLR Issued 23 July 2018* Table 5. Other state and local environmental authorisations (Please Refer to Appendix J) XI. Summary The Applicant is proposing to permanently impact an additional 1.57 acre of Section 404 wetlands which are necessary to facilitate the construction of office buildings and infrastructure necessary to complete the construction of the Live Oak Bank Campus. In conjunction with the avoidance and minimization efforts, the Applicant intends to offset the proposed permanent wetland impacts with payment to the Lower Cape Fear Mitigation Bank, for 3.25 acre of wetland restoration credit. The Applicant and SEGi believe the project, as proposed, is the least environmentally damaging, practicable alternative. Live Oak Bank 2018 IP Application Supplemental Information Appendix A Site Location and Vicinity Map SEGi qs un b High dl3f �tJ/r4 } .oYO r�r4 q Codar Ave st Ay , �r t ! y cc 76 K e /ryy,t9 Q7tify f Q C i1lilr Lx ll!9f:nrw y7� �'. �j u Chin chill bre fh,l 6t ry Park o •t AveAv � et iyp fie? v ftChtretAveyr Park Ave H Wlnt°r Park s Ca9lfetfc ETr Y 440E t P9410 5 CL Olt v ` $r f i ��g us �31kertdax t?, Savannah Ct 4� � ; °40 � 4i9 �� MLFbW tr dant°bury Rd flea. R9 lak0Av�rf,*1 4 d,91t � lrl;dr � P Kenq°t01 Alu On A iia S,e1u POD v\ j'a-Dd Df C tb In c° �* 4 Ur u e 2 � D r' � .� Ct ty yti X O> t5r S"� Dr 0�d i a } ttiU� 9A`"� P,re harvs``i '71 t @ o��rnttgrct w �aU,1r r 'Pa "d SOS �C, '0"\'A .r Dr ttd �rmr,�yMrn ,yrdi} l � k{p11y O f.% oil rruF F% 0 SY+tP t f 0�f� �` �f Or otlq Rd P iP qs {'/ tis n Ab P` A 4 Bow*Or Jo '` 0see f ���' foo �h$�ff� t 3 y o gt �' nallln0 tu4i Cv @r Ot �a*r� Pum Val 10 SY 01 �. s� 'vim c ,a �`� Pin* Vallay U 4 0 yo Jti u C 6rk+�7 ID, n n atN br a aq ParlrwayBlvd •c r, it n £arOri� �`4.� a4 Vicinity Map, Live Oak Bank Property Live Oak Bank 2018 IP Application Supplemental Information Appendix B USACE Jurisdictional Determination Issued 03 July 2017 SEGi U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2011-01812 County: New Hanover U.S.G.S. Quad: NC- Wilmington NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Jim Smith The Oleander Company P.O. Box 3145 Wilmington, North Carolina 28405 Agent: Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Size (acres) 27.1 acres Nearest Town Wilmington Nearest Waterway UT to Hewletts Creek River Basin White Oak USGS HUC 03020302 Coordinates Latitude: 34.2025 N Longitude: -77.9077 W Location description: The review area is located at 1741 Tiburon Drive (Parcel R06109-004-032-000) in the City of Wilmington, New Hanover County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. 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 B. Approved Determination There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any, • *delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your property 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 C WA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may he relied upon for a period not to exceed five years. Page I of 2 _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat identified below. 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 property 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. X 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 in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or till 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). If you have am questions regarding this determination and/or the Corps regulatory program, please contact Kyle Dahl at 910-251-4469 or Kvle.J.Dahl(a�usace.armv.mil. C. Basis For Determination: Please see the attached Approved Jurisdictional Determination Form. The enclosed map titled "Alderman Project" dated June 2017 accurately depicts the extent of jurisdictional waters subiect to iurisdictional under Section 404 of the Clean Water Act. D. Remarks: E. Attention USDA Program Participants This del ineation/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 September 3, 2017 **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: Date: July 3, 2017 Expiration Date: July 3, 2022 . \0TIW' kTioN OF A.I)NIIN IS"I RATIVF APPEAL fkLQL;EST POR APPLAi_. Applicant: Jim Smith, Ole__ File Number: SAW -2011-01812 Date: July 3, 201" Attached is: See Section below _ ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION I.r PRELIMINARY JURISDICTIONAL DETERMINATION L SL;CTION I -The followinb identifies Nour rights acrd k-Toons regarding an administrative appeal of the above decision. .Additional intbrmation may be found at�c�_armv_mil/1�lissions�CivilWorksl}�e�ilatorvProaramandPermits.jssN or Corns t)5 reul4tlE7n$ at .i3G) R fact 331 A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice. or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • .ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Kyle Dahl CESAD-PDO (910) 251-4469 U.S. Army Corps of Engineers, South Atlantic Division Kyle.J.Dahl@usace.army.mil 60 Forsyth Street, Room IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation. and will have the opportunity to participate in all site investi ,ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Kyle Dahl, 69 Darlington Ave., Wilmington, NC 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ";OTE.; This is w :; u,,aindaries rsn l distances are considered approximate !pis represents a preliminary sketch prepared from field notes. A survey of delineated re as and review and approval by the US Army Corps of Engineers is recommended prior specific site platin, - Delineation approved by Kyle Dahl of the USACF 1117 r Project area 27 acres Approved uplands - 16 ac or 59% Approved wetlands -11 ac or 41°t° d,r -•++- •r• Approved US waters (RPW) - 1934 linear feet Approved non -jurisdictional ditch -356 linear feet §^► 1 � � � err• rrr• LAWETLANDS12016\01-16-328�approvedwettandsketch, edr "Boundaries are acwroximate and are not meant to be absolute. AA AN SCALE 1" = 400' Alderman Project 4 LMG New Hanover County, NC `""°"'"AUM"' ` " Rapanos diagram Fnvimnmrn+•+ ienw+rann www.l,rnitroup.net June 2017 3805 Wrightsville Avenue LMG # 01-16-328 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 Live Oak Bank 2018 IP Application Supplemental Information Appendix C 2016 Google Earth Aerial Photograph iii SEGi Live Oak Bank 2018 IP Application Supplemental Information Appendix D Existing 2017 Nationwide Permit and Wetland Restoration Credit Receipt iv SEGi .13 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2011-01812 County: New Hanover County U.S.G.S. Quad: Wilmington GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Oleander Comnany Jim Smith P.O. Box 3145 Wilmington, NC 28405 Size (acres) 27 Nearest Waterway Burnt Mill Creek USGS HUC 03030001 Agent: Kim Williams LMG 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 Nearest Town Wilmington River Basin White Oak Coordinates Latitude: 34.201905119377 Longitude: -77.9025106971415 Location description: Project area is an undeveloped parcel located 0.51 miles northeast of the intersection of Independence Boulevard and Shipyard Boulevard. Description of projects area and activity: This verification authorizes the use of a Nationwide Permit 39 to fill 0.204 acre of wetlands and 0.125 acre of ditches necessary for the construction of office buildings and associated infrastructure including narking areas and storm water management facilities. This verification also authorizes the use of a Nationwide Permit 18 for 0.034 acre of fill in wetlands for a storm water pine outfall and associated rinran, Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ' ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 18 & 39 SEE ATTACHED EGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated August 4, 2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a CIass I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. It prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Rachel Capito at (910)-251-4487 or RacheLA.Cavito(@usace.armv.mil. Corps Regulatory Official: Date: October 13, 2017 Expiration Date of Verification: March 18, 2022 I ` '' Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area 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. C. ❑ There are waters, including wetlands, within the above described project area that are 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. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued July 3, 2011. Action 1D: SAW -2011-01812. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual. Delineation approved on 6/30/2017. Please see attached Alderman Proiect map for extent of jurisdictional waters under Section 404 of the Clean Water Act. 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. 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 http://corpsmapu.usace.anny.mil/cm apex/f?p=136:4:0. SPECIAL CONDITIONS SAW -2011-01812 (NWP 18 and 39) 1. In order for this Nationwide Permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a copy of the required certification or waiver of certification from the state prior to proceeding with the work in waters of the U.S. The permittee shall comply with all conditions of the state certification. 2. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 3. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW -2011-01812 Permittee: Oleander Company Project Name: Live Oak Bank Date Verification Issued: October 13, 2017 Project Manager: Rachel Capito County: New Hanover County Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Rachel Capito Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Compensatory Mitigation Responsibility Transfer Form Permittee: Oleander Company, c/o Jim Smith Project Name: Live Oak Bank Action ID: SAW -2011-01812 County: New Hanover Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. if more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur In more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030001, Cape Fear Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Nan-Riverine Non -Riparian Coastal 0.476 0.238 -acres *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030001, Cape Fear Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.476 Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter Identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that i am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. 1 also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE Is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittees responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: See permit conditions. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email. todd.tugwe110 usace.army.mU). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Rachel Capito USACE Field office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: Rachel.A.Capito@USACE.Army.mil USACE Project Manager Signature /0 113 % 20 l Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http:Hribits.usace.army. mil. 1� ,57 wm At I? ��-fit \ �� p M .0 10 13 N" U) z NORRIS & TUN TALL OWNER: OVERALL SITE PLAN - WETLANDS IMPACT CONSULTING F.NGINFFY'; P.0 LIVE OAK BANKING COMPANY 3/FITPARK 1741 TIBURON DRIVE WILMINGTON, NORTH CAROLINA 28403 -Z JD ...... ........ ...... ...... At I? ��-fit \ �� p M .0 10 13 N" U) z NORRIS & TUN TALL OWNER: OVERALL SITE PLAN - WETLANDS IMPACT CONSULTING F.NGINFFY'; P.0 LIVE OAK BANKING COMPANY 3/FITPARK 1741 TIBURON DRIVE WILMINGTON, NORTH CAROLINA 28403 _ / �� ' ;` 1�` • :: : _ Dhch Impact #3: 0.006 ac 14 9 p1 flr 0 SNC. - �tj ,.. : ` ..........; 'Ti ... Excavate Fill ELEVATED monN�j BOARD WALK 01) Wetland Impact #2: 0.034 ac j a.DITCH OR PIPING FOR �'- h\. �' 1= tV OFFSITE STORM WATER. ��a �``.\�\ pF` % Q `_'-•-� "+..`�~�`� /`�� �`• STORM PIPINGFI3R �� ./ � d Y c,0 �'''^. �"�"_.,v,-.�`�`\ •,,,,��4 --JJJ 1� ''•OFFSITE STORM WATER; Q d Z F Ditch Impact #1(Flll &Pipe): `, /� \ z to C9 0.019 ac // 8 H \ �� u1 LU 37 N y INC. kb'�4F MULCH PATH hopwM � wetland Impact #1: 0.204 ac I//ff f'FFUTURE ROAD EMENSION // �_��\_ ,// `'�.,,, \ jnRCgF•.� 1j //��� TO FUTURE REVELOPMENT / ! \� 1, 6j SI-' Dr„"✓ / —011 CH OR PIPING FOR OFFSITE STORM WATER. FUTURE WATERLINE TO FUTURE DEVELOPMENT FUTURESEWERLINETO FUTURE DEVELOPMENT. _(REQUIRES FILL FOR COVER FUTURE ADA ACCESSIBLE PARKING AND ACCESS WALK AT 8% MAX LONGITUDINAL AND 2% MAX. CROSS SLOPE. —� � � % �� � ♦ FUTURE PARKING l j Ditch Impact #2 (Fill): 4e �`•_ J 0.1 ac Proposed Pipe to Reroute Water AQP I R�� Movement of Water Through Pipe V] Z' _ �a 9 H - POSED IMPACTS: h Impact #1: 275'x 3'= 825 sf (0.019 ac) c� h Impact #2: 727'x 6'= 4,362 sf (0.10 ac) to h Impact #3: 87'x 3'= 261 sf (0.006 ac) a`x landlmpact#1: 8,906sf(0.204ac) "a land Impact #2: 1.500 sf (0,034 ac,) ZCd AL IMPACTS:�+, Wetlands: 10,406 sf (0.238 acre) s,ss n Water (RPW)• 5,448 sf (0.125 acre) if: 15,854 sf (0.364 ac) SCALE I' -1W V V .21 n tuo mo Water Resources ENVIRONMENTAL QUALITY October 13, 2017 Oleander Company Mr. Jim Smith P.O. Box 3145 Wilmington, NC 28405 Subject Property: Live Oak Bank Expansion ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director New Hanover County DWR Project: 2017-0974 Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Smith, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.238 acres of 404 wetlands and 0.125 acres of open waters in order to expand an existing commercial development as described in your application received by the N.C. Division of Water Resources (DWR) on August 4, 2017, with additional information received on October 13, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality. Certification Number 4092 (GC4092). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: hgp://portal.ncde.nr.ora/web/wg/swp/ws/401 /certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Nothing Compares_-�_,_. State of North Carolina I Environmental Quality 1 Water Resources 512 N. Salisbury Street 1 1611 Mail Service Center I Raleigh. NC 27699-16t] 919.707.19000 urc van uonn �n Nai uivii New Hanover County 2017-0974 Page 2 of 4 The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit anew application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H.0501 and .0502}. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 021-1.0502 (b) and 15A NCAC 02H.0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the. date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H.0507 (c) and 15A NCAC 021-1.0506 (b) (2) and (c) (2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303 (d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that �Nothinu Compares—, Live Oak Bank Expansion New Hanover County 2Q17-0974 Page 3 of 4 such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B.0200 (3)(f), and GS 143 Article 21A]. 8: Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: hqp://portal.ncdenr.org/web/wq/swp/ws/401 /certsandpemiits/apply/fonns) . Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.coin/ or by calling the OAH Clerk's Office at (919) 431-3000 for I— van —11 In Non�wn New Hanover County 2017-0974 Page 4 of 4 information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad. Coburrigncdenr.gov. Sincerely, Jim gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4092 cc: Kim Williams - Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 Rachel Capito - USACE Wilmington Regulatory Field Office WiRO/LF �Nothina Compares, Live Oak Bank 2018 IP Application Supplemental Information Appendix E Live Oak Bank Campus Wetland Impact Map SEGi 04 \ I ' 1111111 111111111 1 111111111 111 -------1 111111 1 \1 1 co J C N Z I 1 ,I 1I 1I 1I 11 II ,I 1 1I J1 � 1 110 • T'1\1111;" W 1 '\� 111 10, P a. O fP r1 ,`"J • 1 SNI aFQSW ` �� 11 I \ t 7, 11`�111n �'iva b c� i"i*1ii1' ` O1 11� 1 i1dq` tJ O `amu m o' 1nn�i d - p ',1,11,111 \� �� p 1H1d+ 1111 �" •' .; ♦�``\Mp1\� ���f -,IIK 1111 s--- s All, m „�u \: �_-- .-6 V, a .... .. 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LIVE OAK BANKING COMPANY ADDRESS: • G OD n 902 MARKET STREET 1429 ASH -LITTLE RIVER RD. NW C"/STATE: 74 T I B U RO N DRIVE WILMINGTON, PHONE (910) 2W' ASH, NC 28420 TELE: WILMINGTON, NORTH CAROLINA 28403 O PHONE 970 343-9653 PHONE 910) 287-5900 Live Oak Bank 2018 IP Application Supplemental Information Appendix H Lower Cape Fear Mitigation Bank Reservation Letter WILL BE OBTAINED ONCE MITIGATION IS FINALIZED viii SEGi Live Oak Bank 2018 IP Application Supplemental Information Appendix I Adjacent Property Owner Map I KA SEGi ate ,eaaP- r 2 3 9 8 10 > �r m r 0 A rivate :��~ f Private 7 A AM .r private 1 5 Shipyard BivdLo rivate X W, co er - � Live Oak Bank 2018 IP Application Supplemental Information Appendix J Other State and Local Permits SEGi �Pj��AR �aMNINA July 24, 2018 Mr. W. Lee Williams Live Oak Bank Company 1741 Tiburon Drive Wilmington, NC 28403 Subject: Stormwater Management Permit No. 2011034R4 Live Oak Bank at Tiburon Parc Offsite Permit Revision Dear Mr. Williams: Public Services Engineering 212 Operations Center Drive Wilmington, NC 28412 s 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial 711 TTY/Voice The City of Wilmington Engineering Division has received a request for a revision to the Stormwater Management Permit for Live Oak Bank at Tiburon Parc. Having reviewed the application and all supporting materials, the City of Wilmington has determined that the proposed revision meets the requirements of the City of Wilmington's Comprehensive Stormwater Ordinance. The revisions include: - Revised Landscape Plan (approved plan dated July 24, 2018) Please be aware all terms and conditions of the permit Issued on November 23, 2011 remain in full force and effect. Any additional changes to the approved plans must be approved by this office prior to construction. The issuance of the plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. The revised stamped, approved stormwater management drawings will be released for construction by the Wilmington Planning Division under separate cover. Please replace any old plan sheets from the approved set with the new, revised sheet. An electronic copy of the approved drawing set, permit, application and supplementary documents will be maintained by the Wilmington Engineering Division. If you have any questions, or need additional information, please contact Richard Christensen at (910) 341-7813 or richard.christensen@wilmingtonnc.gov Sincerely, 40— fir Sterling Cheatham, City Manager City of Wilmington cc: John Tunstall, Norris & Tunstall Eryn Futral, Associate Planner, City of Wilmington Page 1 of 1 DE C G�MLJ ENGINEERING NORLI I CAROLINA Public Services Engineering 414 Chestnut St, Suite 200 739 Wilmington, NC 28401 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial 711 TTY/Voice STORMWATER MANAGEMENT PERMIT APPLICATION FORM (Form SWP 2.2) �(V� 1 I. GENERAL INFORMATION `�'Y �� 3 Q 2) I�P.v , u► -u�-� 1 1. Project Name (subdivision, facility, or establishment name - should be consistent with project nale on plans, specifications, letters, operation and maintenance agreements, etc.): Live Oak Banking Company Building 3 / Fitpark 2. Location of Project (street address): 1741 Tiburon Drive City: Wilmington County: New Hanover Zip: 28403 3. Directions to project (from nearest major intersection): From the intersection of Independence Blvd. & Tiburon Dr., travel east alon Tiburon Dr. approximately 1,850'. The site is on the left. II. PERMIT INFORMATION 1. Specify the type of project (check one): []Low Density F-]HighDensity X Drains to an Offsite Stormwater System [-] Drainage Plan F] Other If the project drains to an Offsite System, list the Stormwater Permit Number(s): City of Wilmington: 2011033R2 State - NCDENR/DWQ: N/A 2. Is the project currently covered (whole or in part) by an existing City or State (NCDENR/DWQ) Stormwater Permit? Yes QNo If yes, list all applicable Stormwater Permit Numbers: City of Wilmington: 2011034R2 (07-13-15) State - NCDENR/DWQ: N/A Additional Project Permit Requirements (check all applicable): ❑CAMA Major FX Sedimentation/Erosion Control F-INPDES Industrial Stormwater 404/401 Permit: Proposed Impacts: If any of these permits have already been acquired please provide the Project Name, Number, issue date and the type of each permit: Project/Permit All required permits are currently being reviewed by various agencies for approval. RECEIVED �" OCT 2 3 2017 Page 2 of 7 WLl GT,ON ENGINEERING III. CONTACT INFORMATION 1. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/ Organization: Live Oak Banking Company Signing Official & Title: W. Lee Williams, Executive Vice President a. Contact information for Applicant / Signing Official: Street Address: 1741 Tiburon Drive City: Wilmington State: NC Zip: 28403 Phone: 910-796-1647 Fax: 866-570-5526 Email: lee.williams@liveoakbank.com Mailing Address (if different than physical address): Same as Above City: State: Zip: b. Please check the appropriate box. The applicant listed above is: 0 The property owner (Skip to item 3) ❑ Lessee* (Attach a copy of the lease agreement and complete items 2 and 2a below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete items 2 and 2a below) ❑ Developer* (Complete items 2 and 2a below.) 2. Print Property Owner's name and title below, if you are the lessee, purchaser, or developer. (This is the person who owns the property that the project is on.) Property Owner / Organization: Signing Official & Title: a. Contact information for Property Owner: Street Address: City: State: Zip: Phone: Fax: mail: Mailing Address (if different than physical address): City: State: Zip: 3. (Optional) Print the name and title of another contact such as the project's construction supervisor or another person who can answer questions about the project: Other Contact Person / Organization: Norris & Tunstall Consulting Engineers, P.C. Signing Official & Title: T. Jason Clark, P.E. '�&. m-OX4 �'GTO� Page 3 of 7 CQov :f� ��b� sM; L o t3 a. Contact information for person listed in item 3 above: Street Address: 902 Market Street City: Wilmington State: NC Zip: 28401 Phone: 910-343-9653 Fax: 910-343-9604 Email: lclark@ntengineers.com cc: anorris@ntengineers.com Mailing Address (if different than physical address): Same as Above City: State: Zip: IV. PROJECT INFORMATION In the space provided below, briefly summarize how the stormwater runoff will be treated. All new impervious will be treated by the newly revised (Oct. 2017) Regional Stormwater Pond (2011033R2). Tract BR (Live Oak Bank 1, 2 & 3) has been nded. 151, 2. Total Property Area: 1,109,987 square feet (1 ) 61%) 3I t�3� 3. Total Coastal Wetlands Area: 0 square feet 4. Total Surface Water Area: 0 square feet 5. Total Property Area (2) — Total Coastal Wetlands Area (3) — Total Surface Water Area (4) = Total Project Area: 1,109,987 square feet. 6. Existing Impervious Surface within Property Area: 194,943 square feet 7. Existing Impervious Surface to be Removed/Demolished: 41,843 square feet 8. Existing Impervious Surface to Remain: 153,100 square feet 9. Total Onsite (within property boundary) Newly Constructed Impervious Surface (in square feet): 16U) Buildings/Lots 79,600 Impervious Pavement 26,232 Pervious Pavement (adj. total, with o% credit applied) 17,886 Impervious Sidewalks 22,055 .Pei vootis Sidewalks (adj. total, with % credit­�� 23,281 Other (describe) MUP 2,781 Future Development k 362,854 Total Onsite Newly Constructed Impervious Surface 534,689 10. Total Onsite Impervious Surface (Existing Impervious Surface to remain + Onsite Newly Constructed Impervious Surface) = 687,789 square feet 11. Project percent of impervious area: (Total Onsite Impervious Surface / Total Project Area) x100 = 62 % V�ne�v��s hAkrc �v (,-U -t in Tm 4 1 Z -e4 i� W- (4CA � ►n ��1� �0 0,n. RECEIVED JAN 3 1 2018 Page LM NGTON (Rti,�r � I�b�S Wi S 1NGINEERIKC: ENGINEERING � I.0 ►;� 12. Total Offsite Newly Constructed Impervious Area (improvements made outside of property �ounda'tI square feet}: Impervious Pavement 0 Pervious Pavement (adj. total, with % credit applied) 0 Impervious Sidewalks 0 Pervious Sidewalks (adj. total, with % credit applied) 0 Other (describe) 0 I.Total Offsite Newly Constructed Impervious Surface 10 13. Total Newly Constructed Impervious Surface (Total Onsite + Offsite Newly Constructed Impervious Surface) = 534689 square feet 14. Complete the following information for each Stormwater BMP drainage area. If there are more than three drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Low Density projects may omit this section and skip to Section v. p T i Basin Information (Type of BMP) BMP # 1 (Type of BMP) BMP # (Type of BMP) BMP # Receiving Stream Name UT Hewlett Creek (>12 Mile) UT Hewlett Creek (>12 Mile) UT Hewlett Creek (>1/2 Mite) Receiving Stream Index Number 18-87-26 18-87-26 18-87-26 Stream Classification SA; HQW (>1/2 Mile) SA; HQW (>1/2 Mile) SA; HQW (>1/2 Mile) Total Drainage Area (so 1078156 31831 1109987 On -Site Drainage Area (so 1078156 31831 1109987 Off -Site Drainage Area (so 0 0 0 Total Impervious Area (so 664508 23281 687789 Buildings/Lots (so 79600 0 79600 Impervious Pavement (so 26232 20500 46732 Pervious Pavement, R % credit (so 17886 0 17886 Impervious Sidewalks (so 22055 0 22055 Pervious Sidewalks, % credit (so 0 0 0 Other(so hi Lt Y2781 2781 5562 Future Development (so 362854 0 362854 Existing Impervious to remain (so 153100 0 153100 Offsite (so 0 0 0 Percent Impervious Area (%) 61.6% 73.1% 62% 15. How was the off-site impervious area listed above determined? Provide documentation: N/A Tract Area, Developable Area & Allocated Built Upon Area Tiburon Parc Wilmington, NC Tract Area Developable Area BUA Allocation % of Developable Area A -1A & A-1 B 14.18 AC 11.97 AC 7.78 AC = 338,920 SF 84% A2R 4.23 AC 3.71 AC 2.782 AC = 121,205 SF 75% A3 3.34 AC 3.03 AC 2.272 AC = 98,985 SF 75% BR 14.34 AC 14.34 AC 10.755 AC = 468,488 SF 75% Road R/W 3.56 AC 3.56 AC 2.47 AC = 107,861 SF 69% Pond 6.64 AC 0 0 0% Future TRACT 6 AC SAC 4.5 AC = 196,020 SF 75% Total: 52.29 AC 42.61 AC 30.559AC = 1,331,479 SF ---- JST/asn 11021 06 -05 -17 -Tract, Developable Area & BUA Chart (Revised) --- Expanded in 2017 (Add LOB III) <--- Added in 2017 �� Tfric i5 ovte osikt �P,,rik I I Z's; � ' PL�AGTOtN V. SUBMITTAL REQUIREMENTS Page 5 of 7 1. Supplemental and Operation & Maintenance Forms - One applicable City of Wilmington Stormwater BMP supplement form and checklist must be submitted for each BMP specified for this project. One applicable proposed operation and maintenance (O&M) form must be submitted for each type of stormwater BMP. Once approved, the operation and maintenance forms must be referenced on the final plat and recorded with the register of deeds office. 2. Deed Restrictions and Restrictive Covenants - For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. Due to variability in lot sizes or the proposed BUA allocations, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded at the link listed in section V (3). Download the latest versions for each submittal. In instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the City of Wilmington, and that they will be recorded prior to the sale of any lot. 3. Only complete application packages will be accepted and reviewed by the City. A complete package includes all of the items listed on the City Engineering Plan Review Checklist, including the fee. Copies of the Engineering Plan Review Checklist, all Forms, Deed Restrictions as well as detailed instructions on how to complete this application form may be downloaded from: iittp:llwww.wilmingtonnc.gov/PublicServices/Engineering/PlanReview/StorniwaterPerniits.aspx The complete application package should be submitted to the following address: City of Wilmington — Engineering Plan Review Section 414 Chestnut Street, Suite 200 Wilmington, NC 28402 R GTPage 6 of 7 W��O;N VI. CONSULTANT INFORMATION AND AUTHORIZATION 1. Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and /or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: T. Jason Clark, P.E. Consulting Firm: Norris & Tunstall Consulting Engineers, P.C. a. Contact information for consultant listed above: Mailing Address: 902 Market Street City: Wilmington State: NC Zip: 28401 Phone. 910-343-9653 Fax: 910-343-9604 Email: Iclark@ntengineers.com cc: anorris@ntengineers.com VII. PROPERTY OWNER AUTHORIZATION (If Section 111(2) has been filled out, complete this section) 1, (print or type name of person listed in Contact Information, item 2) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1) with (print or type name of organization listed in Contact Information, item 1) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the City of Wilmington Stormwater Permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify the City of Wilmington immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of the City of Wilmington Municipal Code of Ordinances and may result in appropriate enforcement including the assessment of civil penalties. Signature: SEAL I, , a Notary Public for the State of County of do hereby certify that personally appeared before me this day of I , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, �PLl`GT,O�N VIII. APPLICANT'S CERTIFICATION Page 7 of 7 1, (print or type name of person listed in Contact Information, item 1) , W Lee Williams, Executive Vice President certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under. /1 ( A n Signature: SEAL ````t'""tt""I/, QO0 S.%kFl �<- • ; �pTARr••: •ci= ��'� OFR •Cod �`��` a Notary Public for the State of ,Di"U.YfllL , County of Neal E�tLanoVef , do hereby certify that W. Lee \A/ i, i W�I S personally appeared before me this day of J -w-le_ o�G� and acknowledge the due execution of the application for a stormwater permit.,, Witness my hand and plicial seal, My commission expires: p E9W JAN 1 1 ?018 ENGINEERING FO Permit No. (to be provided by City of Wilmington) ATER MANAGEMENT PERMIT APPLICATION FORM OFF-SITE SYSTEM SUPPLEMENT DEVELOPMENT DRAINING TO PERMITTED OFF-SITE TREATMENT SYSTEMS This form may be photocopied for use as an original NJ COO (�fx.t 13)os- City of Wilmington Stormwater Management Plan Review: �e,q . m -o 4 A complete stormwater management plan submittal includes a stormwater management permit application, an off-site system supplement for each off-site stormwater treatment system, appropriate supplement forms for any on-site stormwater treatment systems, and plans and specifications showing all stormwater conveyances and drainage details for the project. I. PROJECT INFORMATION Project Name : Live Oak Banking Company Building 3 / Fitpark Contact Person: T. Jason Clark, P.E. Phone Number: (910) 343-9653 Is all drainage from the project directed to the off-site system? (check one): ® Yes ❑ No II. OFF-SITE SYSTEM INFORMATION (please complete the following information for the off-site system that will treat runoff from your project): Permit No. 2011033R2 Project Naine:Tiburon Parc Type of System (wet pond, infiltration basin, etc.):Wet Pond Lot No. (if part of a subdivision): N/A How much built upon area draining to the permitted treatment system has been allocated to this project?Tracts BR + Road R/W = 772,369 SF III. REQUIRED ITEMS CHECKLIST Prior to issuing an off-site permit, verification of the following information must be provided. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Form SW401-Off-Site System-Rev.I Page I of 2 z) IV. a. Deed restrictions limiting the built -upon area on the site have been recorded. b. Engineers certification for the existing off-site system has been submitted to DWQ. There are no outstanding Notices of Violation for the off-site system. d. Off-site syste is in cot npl'ance with the issued permit. �y1�X �Gnw U STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and ditches will be reseeded or sodded following sediment removal. 3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as needed based on monthly inspections. 4. The collection system, including catch basins, curb cuts, velocity reduction devices, and piping, will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices, and piping. 5. The collection system may not be altered in any way without prior approval from the City of Wilmington Engineering Division. I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with the five maintenance procedures listed above. I agree to notify the City of Wilmington of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:W. Lee Williams Executive Vice President Phone Signat Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, �• �Q l a Notary Public for +the State of Noym c�t_, County of o KAO&)�fk(Wey_ , do hereby certify that w. �QQ Vy t t tul�l't `� personally appeared before me this a day of S"1e, , '�L-U( q- and acknowledge the due execution of the forgoing document including the stormwater collection system maintenance requirements. Witness my hand and official seal, 6 E S. &,Lola A kt ML Z % _ Notary Public ��:• Apt✓ •� _ � My commission expires Fonn� ••• `. �� Page 2 of 2 July 23, 2018 M33 NEW HANOVER COUNTY % Engineering Department/Water and Sewer District 190)1_14 230 Government Center Drive • Suite 160 Beth E. Wetherill, C.P.E.S.C. Wilmington, North Carolina 28403 Soil Erosion Specialist IWO TELEPHONE (910)-79&7139 "' Fax (910) 79&7051 inofmEonEn Lei Live Oak Banking Company 1741 Tiburon Drive, Wilmington, North Carolina 28403 JUL 2 5 2018 RE: Grading Permit #49-17 Revision #2, Live Oak Banking Company Building3/Fitpark Roadway Modifications Offsite Dear Mr. Lee Williams: Enclosed is the original and a copy of the revised utility grading permit that you applied for. Please read lite permit conditions carefully and return the signed blue original to our office and keep lite copy for Your records. The land disturbing fee for the addition of 0.47 acres is $188. It is due to be paid to New Hanover County, to my attention, upon receipt of this permit revision. Preconstruction meetings are optional. If you choose not to have a preconstruction meeting, please contact us with the date the work is planned to take place and also when the initial erosion control measures have been installed. Thank you for your cooperation. If you have any further questions, please feel free to contact our office. Sincerely, Beth Easley Wetherill Soil Erosion Specialist New Hanover County cc: John Tunstall, PE, N&T Engineering Eryn Futral, Associate Planner City of Wilmington Permit# GP 49-17 Revision #2 Permit for a Land Disturbing Activity New Hanover County Department of Engineering 230 Government Center Drive - Suite 160 Wilmington, North Carolina 28403 (910) 798-7139 As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance This permit issued to Live Oak Banking Company authorizes the development of 14.09 acres of land at 1741 Tiburon Drive for Live Oak Banking Company Building Vitpark, Utilities and Offsite Roadway Improvements in New Hanover County with modifications and performance reservations.. This permit issued on November 22, 2017 is subject to compliance with the application and site drawings, all applicable regulations and special conditions and notes set forth below. Any plan modifications must be approved by this office prior to field changes. It is understood by the applicant that a representative of New Hanover County's Engineering Department may inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion Control Plan, this permit, a rain gauge and copies of the Combined Self -Monitoring and Self Inspection Reports must be available at all times at the site. Failure to execute the provisions of this perndt and the approved Soil Erosion Plan, or any other provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in immediate legal action by the County to the limits prescribed by the Ordinance. If the measures outlined on the approved Soil Erosion Control Plan and this Permit prove insufficient, additional Erosion Control measures can and will be required which in turn will be considered provisions of this Permit This Permit does not preclude any other permits or approvals necessary for begiruung or completing this development Approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State laws, regulations and rules. It is the Permittee's responsibility to obtain all necessary permits and approvals. SPECIAL CONDITIONS (THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS) "All the soil erosion control measures will be installed as the site is cleared and maintained throughout construction. The original permit for 12.94 acres was approved 11/22/17. It required a construction entrance, silt fences and inlet protection to be installed during demolition. Additional erosion control measures are to be installed after demolition that include a construction entrance, silt fences, inlet and outlet protection, a 5:1 sloped 1.5 -foot -deep diversion ditch, 3 immediately lined or sodded 3:1 trapezoidal swales with 4 foot bottoms 3.5 feet deep, 2 temporary pipes with silt fences above each end, and construction and stabilization of Pond 2 with a 8 inch Faircloth skimmer and a 7.1 inch orifice. NOTE: The existing ditches must remain in place until the 3 trapezoidal bypass swales and all associated disturbed areas have become stable. Pond 2 will be built after the existing ditches have been filled and the bypass ditch is complete and stabilized. *"Revision #1 approved 4/11/18 for 0.68 acres of utility work includes a construction entrance, silt fence and concrete washouts. "*Revision #2 approved 7/23/18 for 0.47 acres of offsite roadway improvements includes three 3.1 sloped swales, inlet protection, concrete washouts and stabilization. Note: Rock for inlet protection will be 16 to 18 inches high. , (Continued) - Page Two Permit# GP 49-17 Revision #2 *Tree Removal Permits and/or Approvals are required from the City of Wilmington and/or New Hanover County pri2r to issuance of this permit and clearing the site. *Silt fence stakes must be steel and will be placed six feet apart without wire reinforcement or eight feet apart with wire reinforcement Silt fence is not allowed as inlet protection. *This permit does not preclude any permits or approvals which may be necessary such as City of Wilmington or New Hanover County Stormwater, NCDENR Water Quality, C.A.M.A., and the US Army Corps. of Engineers, DEM Solid Waste or any other agencies. *No sediment shall leave the site. *If plan revisions are necessary you must submit a copy to this office for approval prior to any field changes. *If soil is brought onto this site or removed from this site, it must come from or be taken to an approved or permitted site to be identified to this office prior to being brought onsite or removal from the site. *All City and/or County and State drainage and stormwater requirements will be adhered to. *If these measures fail to adequately control erosion, more restrictive measures will be required. *If any phase of grading ceases for more than 15 working days, the site will be temporarily stabilized. *All slopes must be stabilized within 21 calendar days of any phase of activity. The approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations and rules. *Note the required rates for seed, lime, fertilizer and mulch in your seeding specifications. *Enclosed is a Combined Self -Monitoring and Self -Inspection Form that meets the requirements of both the NPDES Stormwater Permit for Construction Activities, NCG 010000 reporting and the Land Resources Self Inspection Program that satisfies the requirements of the Sedimentation Pollution Control Act. These are mentioned below with specific requirements for each program. These reports are the responsibility of the property owner. They require a rain gauge onsite, inspections and reporting every 7 calendar days and within 24 hours of every 1/2 inch rain per 24-hour period and at specific phases of construction. Additional copies of this Combined Construction Inspection Report can be found at httptortal.ncdenr.org�we erosion . Reports must be available onsite at all times. If you have questions, please contact New Hanover County Engineering (910) 798-7139 or the Land Quality Section at the NCDENR Regional office at (910) 7%-7215. *Note the NPDES information from the State for sites disturbing 1 acre or more and the reporting requirements. All NEW projects permitted after August 3, 2011 must include the following surface water withdrawal locations and stabilization requirement designations on the plan in order to qualify for coverage under the most recent NPDES Construction General Permit. All settling basins must have outlet structures that withdraw water from the surface, with the exception of basins or traps that have a drainage area of less than 1 acre. The NPDES permit also requires ground cover within 14 calendar days on disturbed flat areas and ground cover within 7 calendar days on all areas within HQW Zones, perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3:1. Exceptions include slopes that are 10 feet or less in length and not steeper than 21 which must be stabilized within 14 calendar days and slopes greater than 50 feet which must be stabilized within 7 calendar days. It requires inspections of all erosion control measures and reporting every 7 days and within 24 hours of every Y2 inch rain event in a 24-hour period. This permit also includes other new requirements which are listed in the text of the NPDES Stormwater Discharge Permit for Construction Activities, which is attached to the original copy of each land disturbing permit. *Note the Land Resources Self Inspection Program Requirements. This program is separate from the NPDES reporting and requires inspection and documentation after each phase of construction. These phases include: Installation of perimeter erosion control measures, Clearing and Grubbing of existing ground cover, Completion of any phase of grading of slopes or fills, Installation of storm drainage facilities, Completion of construction or development, Establishment of permanent ground cover sufficient to restrain erosion and any Deviation from the approved plan. *Pre -construction meetings are optional. Contact Beth E. Wetherill at (910) 798-7139 to set up a meeting prior to land disturbing activity onsite. If you do not choose to have a preconstruction meeting prior to starting work on site, you should contact us when activity begins. (Continued) - Page Three This Permit will expire one year from date of issue if no construction activity begins on site. This permit may not be amended or transferred to another party without approval of this office. -Zt`if, IA4" a ca. W VR14,1� Beth E. Wetherill, C.P.E.S.C. Soil Erosion Specialist/New Hanover County Permit# GP 49-17 Revision #2 Acknowledgment of receipt of Permit Owner By (please print) Signature