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
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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.
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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]
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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
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Live Oak Bank 2018 IP Application Supplemental Information
Appendix F
Previous Designs and Layouts
Vi
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Live Oak Bank 2018 IP Application Supplemental Information
Appendix G
Conceptual Parking Lot Plan
Vii
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C lop NORRIS & TUNSTALL OWNER: OVERALL SITE PLAN - WETLANDS IMPACT
o R — CONSULTING ENGINEERS P.C. "AME. 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
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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