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HomeMy WebLinkAbout20170974 Ver 3_ePCN Application_20210719DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20170974 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Central Office - (919) 707-9000 Information for Initial Review la. Name of project: Live Oak Bank Campus E)pansion la. Who is the Primary Contact?* David A. Syster 1b. Primary Contact Email:* david.syster@segi.us Date Submitted 7/19/2021 Nearest Body of Water Hewiett's Creek Basin White Oak Water Classification SA, HOW Site Coordinates Latitude: Longitude: 34.2025-77.9077 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 3 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone 1c. Primary Contact Phone:* (910)452-2711 Is this a courtesy copy notification?* r Yes r No ID# Version 20170974 3 Pre -fling Meeting or Request Date 11 /18/2020 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form 11-18-2020.pdf 50.84KB File type must be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* IT Yes r No Please provide the date of the previous submission.* 12/11/2018 1b. What type(s) of permit(s) do you wish to seek authorization? r Nationwide Permit (NWP) r Regional General Permit (RGP) W Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes IT No Are you a federal applicant?* r Yes r No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.* Please see Attachment 1, Appendix F for Coastal Consistency Determination Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: r 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization W Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 1f. Is this an after -the -fact permit application?* r Yes IT No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? IT Yes r No 1i. Is the project located within a INC DCM Area of Environmental Concern (AEC)? r Yes IT No r Unknown 1j. Is the project located in a designated trout watershed? G Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r' Yes C No 2. Owner Information 2a. Name(s) on recorded deed: Live Oak Banking Company 2b. Deed book and page no.: 2c. Contact Person: Lee Williams 2d.Address Street Address 1741 Tiburon Drive Address Line 2 City Wilmington Postal / Zip Code 28403 2e. Telephone Number: (910)796-1647 2g. Email Address:* Lee. Williams@liveoak.bank 4. Agent/Consultant (if applicable) 4a. Name: David A. Syster 4b. Business Name: Southern Environmental Group, Inc. 4c.Address Street Address 5315 South College Rd. Address tine 2 Suite E city Wilmington Postal / Zip Code 28412 4d. Telephone Number: (910)452-2711 4f. Email Address:* David.Syster@segi.us State / Province / legion NC Country USA 2f. Fax Number State / Province / legion NC Country USA 4e. Fax Number C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Wilmington 2. Project Identification 2a. Property Identification Number: R06109-004-034-000 2c. Project Address Street Address 1741 Tiburon Drive Address Line 2 City Wilmington Postal / Zip Code 28403 2b. Property size: 27.61 State / Province / legion NC Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Hewiett's Creek 3b. Water Resources Classification of nearest receiving water:* SA, HOW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020502 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The site is located within the Live Oak Bank (LOB) Campus. The LOB Campus contains office buildings, parking and parking garages. The LOB Campus is bordered by residential and office space. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). USACE SAW-2011-01812 DWR 2017-0974 4b(2). Is Any Portion of the Work Already Complete? r Yes r No If yes, describe the completed work. LOB Buildings 1-4 have been completed 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. Storm water and NPDES permits have been issued for portions of the LOB Campus 4f. List the total estimated acreage of all existing wetlands on the property: 0.96 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the 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. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* See Attachment 1 for project details. 4k. Will this activity involve dredging in wetlands or waters?* r Yes r No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: See Attachment 1 Appendix B 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2011-01812 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Land Management Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR 2017 6. Future Project Plans 6a. Is this a phased project?* O Yes R No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No additional permits or impacts will be necessary. 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) See Attachment 1, Page 10 and Appendix J. 8. Scheduling of Activity: Work will begin as soon as the permits are issued. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(') area* Stormwater SW Pond P Pocosin A Yes Both 0.855 (acres) Building Building 6 P ffin A Yes Both 0.105 (acres) RPW Building P NOIwNCWAM TYPES RPW Both 0.050 __J (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 1.010 2g. Total Wetland Impact 1.010 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: 21. Comments: 3i. Total cubic yard stream impacts:* 0 4g. Total cubic yard open water impacts:* 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: See Attachment 1 Section V for Avoidance and Minimization 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See Attachment 1 Section V for Avoidance and Minimization 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r: Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Bank 3b. Credits Purchased/Requested (attach receipt and letter) ..................... Type: Quantity: Non -riparian wetland 2.60 3c. Comments The LCFMB Credit Reservation Letter will be submitted once received 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: There are none in the vicinity 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NA- project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs W Phase II r NSW r USMP F Water Supply Please identify which local government Stormwater program you are using. City of Wilmington Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. No additional Impacts will be necessary for this project. Please See Attachment 1 for additional information. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NtA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Municipal Sewer (Cape Fear Public Utilities) will be used. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Website 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Inland EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO Website 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Website Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button a drag and drop files here to attach docunent Attachment 1 - Supplimental Narrative v8 5-12-2021.pdf 19.84MB File rust be FTF or 11aV Comments Please see Attachment 1 for Supplemental Information to this Application. Signature R By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: David A. Syster Signature 0<l6�WO2�C*15212 Date 7/19/2021 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: 12 May 2021 V8 Section Title Page I. Purpose and Need................................................................................ 2 II. Location Existing Conditions................................................................... 3 III. Project History..................................................................................... 3 IV. Project Description................................................................................ 4 V. Avoidance and Minimization.................................................................... 4 VI. Alternatives......................................................................................... 5 A. No Action.................................................................................... 5 B. Construction and Design Alternatives.................................................... 5 C. Alternate Site Location.................................................................... 7 D. Preferred Location.......................................................................... 7 VII. Sequence of Events.................................................................................. 7 VIII. Compensatory Mitigation.......................................................................... 8 IX. Adjacent Property Owners........................................................................ 10 X. Other Authorizations............................................................................... 10 XI. Summary............................................................................................ 11 Appendices A. Site Location and Vicinity Map............................................................... i B. USACE Jurisdictional Determination Issued 03 July 2017................................. ii C. Google Earth 2019 Aerial Photograph........................................................ in D. 2017 NWP and Wetland Restoration Credit Receipt ....................................... iv E. Live Oak Bank Campus Wetland Impact Map ............................................... v F. Coastal Consistency Determination............................................................ vi G. Previous Project Designs and Layouts........................................................ vii H. Stormwater Allocation Map and Tables ....................................................... viii L Lower Cape Fear Mitigation Bank Reservation Letter ...................................... ix J. Adjacent Property Owner Map................................................................. x K. Other State and Local Issued Permits......................................................... xi L. City of Wilmington Setback Requirements................................................... xii Table of Contents TOC-i Live Oak Bank 2020 IP Application Supplemental Information SEGi Introduction An Individual Permit (IP) application was submitted in December of 2018 for the impacts requested in this current IP application. The 2018 IP was processed, a Public Notice issued, and three Requests for Additional Information (RFAI) were recieved from the USACE and responses from the Applicant submitted accordingly. The last RFAI was issued by the USACE on November 13, 2019. Due to time constraints while preparing a response it was necessary to withdrawl the original application. This Supplimental Narrative contains the updated information submitted in the previous RFAI responses and the November 13, 2019 RFAI. In order to better locate the responses to the November 13, 2019 RFAI, below is a list of the requested items and their location within this document. 1.) On -site Alternatives. Please see Section VI B this section has been expanded to address the agencies comments. 2.) Avoidance and Minimization in regard to the location of Buildings 6 and 7, and the associated parking: Please see Section VI B2 and Attachment W-A for alternate layouts. 3.) Alternate Parcels and Purchasing Additional Land: Please see Section V1 C Alternate Sites 4.) Stormwater Pond Alternatives: Please see Section VI B 1 5.) Additional Required Documents and Considerations: a. Copy of the property line setback requirements of the City of Wilmington. Please see Appendix L b. Copy of the Federal Reserve "single continuous facility" regulation. Please see Section VII Sequence of Events c. Revised table of projected growth. Identify LOB 7 and LOB 8. Please see Table 1. In addtion to the above RFAI information, the USACE re-evaluated the wetland delineation in April of 2021. The results of this new delineation reduced the wetlands in the vicinty of LOB 5 and LOB 6. Please see the attached updated map set. Live Oak Bank 2020 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 (LOB3) and 5 (LOB 4), however over the past 3 years, 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 two, 50,000 square feet office buildings. 2) Live Oak is also 50% owner of the Canapi Technology Fund that will require future space on the 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 their own, banking growth model, where they have added 6 new business lending lines in 2018-2019. This growth will require current and future staffing space on the campus. Live Oak Wealth Management was added in 2018 and is located on the existing campus and will eventually require a separate building to service clients. The Live Oak business model continues to grow at a rate of 15% annually, requiring additional lending, and support staffing like this top line revenue growth. Table 1. Live Oak Bank Building Capacity and Staffing (as of2/22/2021) BUILDING CAPACITY Future Building Numbers Current 2021- 2026 2026- 2031 LOB1 110 110 110 LOB2 300 300 300 LOB3 380 380 380 LOB4 400 400 LOB5 Future Building 6 300 300 LOB6 Future Building 7 300 LOB7 Future Building 9 300 LOB8 Future Building 10 300 790 1790 2390 STAFFING IN NEXT 5 -10 YEARS LOB Location* Current 2021- 2026 2026- 2031 LIVE OAK BANK LOB 1, 2,3 & 5 600 1200 1500 APITURE LOB 4,6 & 9 200 600 750 DEFENSE STORM LOB 4 & 6 10 50 100 CANAPI LOB 4 5 30 50 FINXACT LOB 4, 6 & 10 0 50 150 PAY RAILZ LOB 4, 6 & 10 0 50 100 SAVANNA LOB 4, 6 & 10 0 50 100 `Note: Staff of subsidiaries will be adjusted between LOB 4, 6, 9, 10 as needed so the Table does not represent a static count, but which buildings will be utilized by each Company. 815 2030 2700 Live Oak Bank 2020 IP Application Supplemental Information SEGi 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 of the Campus. The Applicant is confident that the additional buildings and infrastructure provided for in the current application will accommodate the expected employee growth of Live Oak Bank and its subsidiaries (Apiture, Payrailz, Finxact, Canapi, etc.) for the next 3-5 years. 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 0.96 acres of wetlands exist within the project boundaries (see Appendix B — JD issued 3 July 2017). Currently, Buildings 1, 2, 3, and 4 (parking garage) are existing and work has begun on Buildings 5. Infrastructure has been installed in the vicinity of the existing buildings. (see Appendix C — 2019 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 and permits, assigned by the regulatory agencies, include those listed in Table 2 below: Table 2. Permits and Project numbers associated with the project Issuing Agency Document Project Number Date Issued Expiration Date Authorized Impacts zed 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 N/A DCM CAMA Consistency 2019-0015 3/21/19 N/A N/A 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 4, on Page 3, for details of the mitigation for this project. An Individual Permit (IP) application was submitted in December of 2018 for the impacts requested in this current IP application. The 2018 IP was processed, a Public Notice issued, and three Requests for Additional Information (RFAI) were recieved from the USACE and responses from the Applicant submitted accordingly. The last RFAI was issued by the USACE on November 13, 2019. Due to time constraints while preparing a response it was necessary to withdrawl the original application. This Supplimental Narrative contains the updated information submitted in the previous RFAI responses and the November 13, 2019 RFAI. In addtion to the above RFAI information, the USACE re-evaluated the wetland delineation in April of 2021. The results of this new delineation reduced the wetlands in the vicinty of LOB 5 and LOB 6. Please see the attached updated map set. Live Oak Bank 2020 IP Application Supplemental Information SEGi IV. Project Description The Applicant anticipates impacting an additional 0.96 acres of non -riparian Section 404 jurisdictional wetlands and 0.08 acre of jurisdictional ditches. The impacts are necessary to facilitate the development of buildings, parking, and associated infrastructure. Please refer to Table 3. — Proposed Impact Summary Table and Table 4. — Cumulative Impact Summary Table, for details of the proposed and cumulative impacts. Table 3. - Proposed Impact Summary Table Proposed Impacts Square Footage Acreage Stormwater Pond 37,267 0.85 Building and Parking 4,617 0.11 RPW Ditch 3,590 0.08 Total 45,474 1.04 Table 4. - Cumulative Im act Summary Table Permittee LCFMB Credit Permit Type of Impact Impact Acreage Responsible(AC)Status 2017 NWP Non -Riparian 0.238 AC 0.00 AC 0.50 AC Fulfilled 2020 IP (Proposed) Non -Riparian 1.04 AC 0.00 AC 2.10 AC Proposed Total Cumulative 1.278 AC 0.0 AC 2.60 AC Impacts Heavy machinery, such as a bulldozer, grader, backhoe, 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 has been issued by the Division of Coastal Management (DCM) (see Appendix F). Threatened and endangered species and archaeological concerns were addressed within the 2017 issued DoA and DWR permits. 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 G, 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 and avoided additional wetland impacts by compacting parking areas and the overall project footprint. 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 the proximity of the building to one another (See Appendix E). The proposed design has been done to direct runoff from impervious surfaces into the stormwater pond. Treated water is then discharged into the large wetland system adjacent to the stormwater pond through several small outlets. Additional secondary impacts are being minimized by adjusting the stormwater normal pool level to a height similar to that of the adjacent wetlands, preventing any secondary subsurface drainage. To accomplish this the normal pool level is set to within 6" of the seasonal highwater table to ensure the adjacent wetland hydrology is not impacted. This design should continue to provide the normal hydrologic input into the Hewlett's Creek watershed, eliminating any hydrological secondary impacts. 4 Live Oak Bank 2020 IP Application Supplemental Information SEGi During the design of the 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. VI. Alternatives 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 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 (LOB 5) is proposed in close proximity to wetlands. In order to construct Building 6 it is necessary to impact these 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 for current and future staff and is therefore not practicable. B. Construction and Design Alternatives 1. As it pertains to Stormwater: a) Innovative Stormwater Techniques: The Applicant and Engineer considered innovative Stormwater techniques in an attempt to reduce the pond size. 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 ahigh-water table and unsuitable soils present made it not practicable. Additional innovative systems or partial systems were considered such as a "Green Roof' but they were not practicable as existing buildings could not be retro fitted nor, would the planned buildings "Green Roofs" reduce the volume of runoff sufficient to reduce the pond size and corresponding proposed impacts. For the above reasons, no innovative stormwater technique was considered a practicable alternative. b) Stormwater Allocation Alternatives: As an alternative measure to increasing the size of the pond re -allocation of Stormwater allotment was considered. The Live Oak Bank Campus shares a Stormwater pond with 3 adjacent parcels owned by other entities. The largest parcel is comprised of Tracts A -IA and A-113 and is the site of the One Midtown Apartments (see Appendix H). This parcel is completely built out and does not have any Stormwater allocation to contribute to the Live Oak Bank campus. Live Oak Bank 2020 IP Application Supplemental Information SEGi Two of the adjacent parcels are currently vacant and owned by the Oleander Company. These are referred to as Tracts A3 and A2R (see Appendix H). While technically allocation can be re -distributed from Tracts A3 and A2R to one of the Tracts on the Live Oak Campus, the owners of Tracts A3 and A2R are not willing to reduce their allocation. For the above reasons, re -allocation of Stormwater allotment was not considered a practicable alternative. c) Stormwater Pond Design: The design of the proposed Stormwater pond expansion was also considered during the Alternative Analysis. Three different design alternatives were considered including: use of the northern 2.28 ac BR Tract for Stormwater, expansion of the existing pond into Tract A2R and reshaping the pond in the uplands south of Buildings 6 and 7. When reviewing northern Tract BR for Stormwater purposes the site was found to be higher in elevation than the area to be serviced by the Stormwater pond. Stormwater ponds are typically designed in the lower elevations of a project for gravity drainage. In some instances, it is feasibly to raise the elevation of the existing site to install stormwater ponds at higher elevations. However, in this instance existing and proposed infrastructure make this impracticable. Additionally, New Hanover County topography does not reflect an outlet ditch in this area further making this alternative impracticable. For these reasons it is unpracticable to locate a stormwater facility in the norther BR Tract. Tract A2R is directly adjacent to the western end of the existing pond and expanding the stormwater pond into this tract was considered. The west end of the pond contains 1 of 2 forebays, which accepts water directly from multiple inlet points. Expanding the pond into Tract A2R would require the entire forebay be relocated to Tract A2R to allow expansion of existing Pond 1. This forebay relocation would then require the existing inlet infrastructure (storm drains, Stormwater pipes, roof inlets, parking lot grades etc.) be re -designed to drain to Tract A2R. Additionally, Tract A2R is higher in elevation than the existing infrastructure making gravity drainage of existing built upon area to this tract impracticable. For these reasons' expansion into Tract A2R is not practicable. The engineer also considered extending the pond into the upland area below buildings 6 and 7 to reduce wetland impacts. To accomplish this the northern and southern pond banks within wetlands were pulled toward the middle of the pond while the upland portion of northern pond bank was extended north in uplands (see Drawing WI -A, Appendix E). This did result in a 0.12 ac (5134 sq. ft.) reduction in wetland impacts associated with the pond. The wetlands which were avoided by this modification are located adjacent to the southern bank of the of the pond, separated from any additional remaining wetlands by the pond itself. Although the northern pond bank was pushed south, due to the need access the pond bank (equipment access for maintenance) and proximity to Building 6, no reduction in wetland impacts were possible on the norther pond bank. Due to the resulting small fragmented wetland with limited viability overtime, this alternative was considered impracticable. 2. As it pertains to Buildings 6 & 7 Location and Parking: During the initial design (prior to Building 1), the northern 2.28 ac BR Tract was considered for development. This tract would have allowed additional upland acreage for the Buildings 6 & 7 and associated Parking Deck complex. However, this area is zoned Residential and would need to be re- zoned Office and Industrial (O&I). The Tract was included in the initial re -zoning process, however during the Public Hearing residents from the adjacent subdivision voiced concerns in opposition of the re -zoning. Based on this opposition, the re -zoning and subsequent development of this parcel was abandoned. 6 Live Oak Bank 2020 IP Application Supplemental Information SEGi During the latest design, consideration was given to modify the footprint and orientation of Building 6 and 7 to reduce the associated wetland impacts. The USACE's re-evaluated the wetland delineation in April of 2021 reduced the wetlands in the vicinity of Building 6 and associated Parking area. Please see the attached updated Drawing WI. While the updated wetland delineation did reduce the wetlands in the vicinity of Building 6, design layout changes at Building 6 were also completed and included sliding the building east towards Building 7 to the minimal Building Code distance of 60' (See Drawing WI -A, Appendix E). These changes resulted in a 0.12 ac (5,134 sq. ft.) reduction in wetland impacts on the west side of Building 6. While the new design was able to reduce wetland impacts, the configuration and position in the landscape of the remaining wetlands make their long-term viability questionable. The remaining wetland is narrow and will likely risk secondary drainage effects due to the proximity to Building 6, the stormwater pond and associated infrastructure. Due to the viability risk of the limited remaining wetlands this alternative was considered impracticable. 3. Building Construction: Increasing the height of the proposed buildings was considered. However, there are currently four-story buildings proposed at this time. In order, to eliminate impacts associated with Building 6, the equivalent of 4 floors would have to be relocated to the remaining 3 buildings (7, 9, 10). Pursuing a variance on height restrictions to add an additional floor to the remaining 3 buildings would still fall short by one story of the necessary office space. Additionally, based on public comment during the initial re -zoning it is unlikely that the variance would be granted due to public opposition. For these reasons, increasing the building height was not deemed 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. While this tract is in close proximity, currently there is no additional land available for purchase and thus, this alternative is not practicable. Tracts A3 and A2R: Tracts A3 and A2R are located along Tiburon Drive adjacent to the existing Live Oak Bank Campus. Tract A2R was included in the stormwater alternative analysis above but was determined to be impracticable for stormwater purposes. Tracts A3 and A2R were also included in the alternative site analysis for additional building site(s) but both tracts are not currently available for purchase and therefore, this alternative is not practicable. Purchase of Alternate Non -Adjacent Site: Since the Applicant owns the land the project is located upon and begun significant development of this parcel; it would not be economically feasible nor meet the projects purpose and need, to purchase another non -adjacent property to facilitate the development. Therefore, this alternative is not practicable. 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 designed the project with the best current engineering and construction practices available, clustered parking, 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. 7 Live Oak Bank 2020 IP Application Supplemental Information SEGi VIL 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. The USACE has asked if a "Phased Permit" could be utilized in conjunction with sequencing the building construction so that Building 6 is constructed last. This would require Buildings 7, 9, and 10 be completed prior to constructing Building 6. Based on the impact map this may not appear to be a impracticable request. However, it does present a number of issues. 1.) Permitting Timeline — Live Oak Bank has done its best to present a single and complete project to the USACE for wetland permitting. In 2017 they did attempt to adjust their building size and occupancy to meet the Nationwide Permit (NWP) thresholds. However, the following year, company success and subsequent growth has required they re -assess their building size, occupancy requirements and construction schedule. This assessment has shown that their growth will require additional buildings and infrastructure to meet their growth needs. The expansion of the Campus required a great deal of long-term planning and permitting. Phasing of this permit and requiring a re -assessment of the project to allow for Building 6 once the other buildings have been constructed could result in major construction delays with ultimately no reduction in wetland impacts. 2.) Construction sequencing — Based on the location of Building 6 and development of the proposed pond, it would be most practical to utilize the excavated material from the pond to balance the site. The excavated material from the pond would be utilized to finish the grading around the pond and Building 6 and 7 areas. Stockpiling the material on -site is not possible therefore, it would need to be exported and new material imported during construction. This would represent significant cost with no reduced wetland impact. 3.) Building Connectivity - As Live Oak Bank outgrows Building 3 (LOB 3), its next location will be at the location designated Future Building 6 (LOB 5) which is north of Building 3 and encroaching on the wetlands subject of this wetland permit application. Future Building 6 (LOB 5) will be exclusively occupied by Live Oak Bank for banking and this location is required for adjacency to the other banking buildings. As a greater percentage of space on the campus is occupied by non -bank technology employees, Live Oak Bank will reach a threshold at which Federal Reserve regulations may require the banking buildings to be a "single continuous facility". Thusly the next Live Oak banking building will need to connect with Building 3 (LOB 3) via a walkway and/or bridge. In addition, Apiture, Defense Storm, and affiliated technology companies have PCI Compliance and Security requirements that prevent Live Oak bankers from connecting through future Building 5 (LOB 4) to access the proposed Building 7 location. This Federal Reserve requirement for a "single continuous facility" cannot be satisfied by any location for Live Oak's next banking building other than the location designated Future Building 6 (LOB 5). To better understand the regulatory requirements concerning the bank's required connectivity between buildings and ability to share office space and resources the following outlines the agencies involved and the limitations present. Live Oak's banking activities are regulated by three primary agencies. Live Oak Bancshares is regulated by the Federal Reserve, Live Oak Banking Company is regulated by the FDIC and the North Carolina Commissioner of Banking (NCCOB). From a high vantage point, these agencies have generally pointed to the Office of the Comptroller of the Currencys (OCC) guidance on "permissibility", while still leaving an opening for unique interpretation and requirements consideration. 8 Live Oak Bank 2020 IP Application Supplemental Information SEGi In 2018 Live Oak hired outside counsel to provide an opinion regarding leasing excess space in our banking premises on Tiburon and received a favorable opinion. In 2019, in response from questions regarding permissibility from regulators, Live Oak Bank approached the Federal Reserve to inquire whether the Agency would have any concerns or raise any objections to Live Oak's leasing excess premises to a subsidiary. In particular, we were concerned about the questions raised by the FDIC regarding limitations on the amount of space that could be leased in the building (ratio to banking operations space utilized). The Federal Reserve coordinated their response through their Regional Office and advised that there was precedence to conclude no objection (ratio to banking operations space utilized) based on the fact that (with no other basis for objection) they consider the ratios of use as a percentage of the entire campus. However, although (the OCC writes) "the case law and OCC precedent have found specific percentages of usage to be permissible under section 29, neither have established a required minimum percentage of utilization" (or how to calculate it) "in order to qualify property as bank premises". This complexity brings an element of uncertainty regarding Live Oaks future planning of bank premises. While we have advised all of our regulators of our decision to lease excess space, it occurs to us that the FDIC's concerns may elevate as Live Oak moves forward with future plans. Noted in the preamble for part 362, the Agency discusses out its ability to require additional restrictions and limitations necessary to protect the bank and ultimately the deposit insurance funds from losses associated with significant risks inherent in real estate activities... regardless whether those real estate investment activities are permissible for a national bank. Part 362 does not include a definition of banking premise that will serve to inform how calculation of usage should be performed or other facts that could or should be included. In light of that potential for additional restrictions or limitations, we have discussed whether Live Oak could depend on the campus as a whole evaluation (that the Federal Reserve and possibly OCC) would use for evaluation or whether we should plan for an eventuality which would call for the "joining" of each of the buildings in some manner (i.e., catwalks, enclosed walkways) in order to create a single banking premise. This more detailed explanation of the regulatory requirements in place helps to understand the Applicant's concern with a Phased Permit. While it may be permissible for a percentage of the banking staff to share office space with non -banking subsidiaries staff, additional restrictions and limitations could be placed on the bank by the FDIC or OCC which would require "joining" the buildings utilized for banking. In order to ensure they continue to meet the above regulations and be able to "join" the buildings if required, it is necessary to construct Building 6 (LOB 5) after Building 5 (LOB 4) in an alignment with Building 3. This would provide the ability to "join" the buildings in some manner (i.e., catwalks, enclosed walkways). VIIL 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 (1.04 AC) will be offset with payment to the Lower Cape Fear Mitigation Bank (LCFMB) for 2.10 acres of non -riparian wetland credit (see Appendix I). 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. 9 Live Oak Bank 2020 IP Application Supplemental Information SEGi The table below summarizes the cumulative impacts and associated mitigation for the Live Oak Bank Campus: Table 4. - Cumulative Impact and Mitigation Summary Permit Permittee LCFMB Credit Type of Impact Impact Acreage Responsible AC Status 2017 NWP Non -Riparian 0.238 AC 0.00 AC 0.50 AC Fulfilled() 2020 IP (Proposed) Non -Riparian 1.04 AC 0.00 AC 2.10 AC Proposed Total Cumulative Impacts 1.278 AC 0.0 AC 2.60 C 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. Table 5. Live Oak Bank Campus Adjacent Property Owners as of September 2020. Please note that New Hanover County's GIS system does not provide the mailing address for property owners. Map Key ID Owner's Name New Hanover County Parcel ID Tiburon Pare Property Owners Assoc 1 P.O. Box 3145 R06109-004-036-000 Wilmington, NC 28406 The Oleander Co Inc 2 PO Box 3145 R06109-004-032-000 Wilmington, NC 28406 The Oleander Co Inc 3 PO Box 3145 R06109-004-035-000 Wilmington, NC 28406 S & R Properties 4 97 Roanoke Avenue R06110-005-001-000 Roanoke Rapids, NC 27870 The Oleander Co Inc 5 PO Box 3145 R06109-004-024-000 Wilmington, NC 28406 Lighthouse Medical Properties LLC R06113-001-009-000 6 4114 Shipyard Blvd Wilmington, NC 28403 Milwaukee Mi Holding LLC R06113-001-010-000 7 111 E Wacker Drive Ste 900 Chicago, IL 60601 The Oleander Co Inc R06109-004-030-000 8 PO Box 3145 Wilmington, NC 28406 The Oleander Co Inc. R06109-004-031-000 9 PO Box 3145 Wilmington, NC 28406 Tiburon Pare Property Owners Assoc R06109-004-033-000 10 P.O. Box 3145 Wilmington, NC 28406 Trillium Health Resources R06113-001-001-001 11 201 West V Street Greenville, NC 27858 X. Additional Authorizations The proposed project will require the following environmental permits: Table 6. - Other state and local environmental authorizations (Please Refer to Appendix K) 10 Live Oak Bank 2020 IP Application Supplemental Information SEGi Type Agency Date Issued or Applied For 401 Water Quality Certification NC DWR Applying for concurrently with IP CAMA Consistency NC DCM Issued 21 March 2019 State Stormwater Permit NC DWR Issued 24 July 2018* S&EC Permit NC DLR Issued 23 July 2018* XI. Summary The Applicant is proposing to permanently impact an additional 0.96 acre of Section 404 wetlands 0.08 acre of jurisdictional ditches which are necessary to facilitate the construction of office buildings and infrastructure 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 2.10 acre of wetland restoration credit. The Applicant and SEGi believe the project, as proposed, is the least environmentally damaging, practicable alternative. 11 Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix A Site Location and Vicinity Map TL C x � mod„ v` a i # Ow _- QT 4 �* 4nY oe+lr} aR! 13 P#Gp3 dx� V'1 #' O` ks �Frrr s Oi u' o° � ol p!i'a6ar�oJ F. $ _ - w a o a a e IE^ Fltr fu' 8iio� l wu-1 { +s �sLt s a' F L Pa+41` a r- I ee+rreFa 'r a tQ Ask e FF Aau�� 46 -1p ink Be f �! Y� r� a -AN1 a}uaPDodQpujaa c fu n„,, } a PH vuJo14k NOW pf�a Am$tl vo i Arl g ° 1. w 1q volt2v U fl lie #y b Asti;ta } �� dearu5ed Jcp JU tn43S 79 °�� �du�Rd �$42�' `414t4acd lw? ri c U%L Waverly i i7 5 y t10,yc IbADeo IMrta1 - *¢X zk d "Pe y ro ' a $ t$tk43k ID RAbf F. Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix B USACE Jurisdictional Determination Issued 03 July 2017 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 A ent: 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 CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. Page 1 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 fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Kyle Dahl at 910-251-4469 or Kyle.J.DahlAusace.army.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 subject to jurisdictional 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 del ineation/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.** 00, Corps Regulatory Official: xz�� Date: July 3, 2017 11161 Expiration Date: July 3, 2022 NOTIFICATION till° A:DMINIS1 RATIVII APPEAL OPTIONS AND I'R0(`FSS ,vND FOR Al'I'EAL Applicant: Jim Smith, Oleander Co I File Number: SAW-2011-01812 I Date: July 3, 2017 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 D F-11 PRELIMINARY JURISDICTIONAL DETERMINATION E SI'CTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at iitti)://wwyv.usace.ariii .mil/Missions/C.iviIWorks/Reg,ulatoryProgramandPerm its.aspx or Corps regulations at 33 CFR fart 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 Il 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 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. C: PERMIT DENIAL: You may appeal the denial of a 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. 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Kyle Dahl (910)251-4469 Kyle.J.Dahl@usace.army.mil If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM 15 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 investigations. Date: I Telephone number: Signature of appellant or 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 o m v a� c4 y s ai � a � • co a' E c° a) r X = C O � O O W , N Q N N N - CO U 1 = (n - 6 4 c CO ul m U 0 ccuca N ko n E ELY • O o U o v a 0 O a cn n A �� - a, � m CL CZ c I 'i i� aa)uLL N m c p o o 00 o� • c o N � � ._ �► �,, ���� .. 'tip m m L --� N N. Ri •. if L It F7 ti f d e 1 o e co M t t (Q aD E � r: L L t � '• y.� Z C C- c0 O m U C N I? t t _0 0 o E d (� o cD (n a) a� �1 -0 70 j ion N C m 3 O E-0 E > C �k N N N N Imo Q > > > > � 0 o O O o`o� Sli coN �• a. Q Ca- Cl-- p a d Z e Q Q Q Q Z. 00 lIft Jm2 Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix C 2019 Google Earth Aerial Photograph ui Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix D Existing 2017 Nationwide Permit and Wetland Restoration Credit Receipt 1v a 1. ; 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 Company Jim Smith P.O. Box 3145 Wilmington, NC 28405 Size (acres) 27 Nearest Waterway Burnt Mill Creep 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 parking 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 pipe outfall and associated riprap. 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 RGP 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 Class 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. If, 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, revolted, 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 Canito at (910)-251-4487 _ or Rachel. A.CanitoQusace.armv.mil. Corps Regulatory Official: • W Date: October 13, 2017 Expiration Date of Verification: March 18, 2022 ` 1; 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 CPR 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, 2017. Action ID: 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 Pro'ect ma for extent of 'urisdictional 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.army.mil/cm gVex/l'?12=136.4:0. e.i B a 1 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 peimittee 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 Action ID: SAW-2011-01812 Project Name: Live Oak Bank 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 Reaulring Mitigation* 8-digit HUC and Basin: 03030001, Cape Fear Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.235-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 I 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. I 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: 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 Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. 0 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.tugwell@usace.army. mil). 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 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 httv/1ribits.usace.army.mil. % fg a n nd NQHfH M N O O r tb n 3 �• // DrnDENEIr_"'45T" -- m { 1 cl r_... .... 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NOilnNll 44L4 ANtldYiO�DNNNVNxtl03AII 7 d SH99NI`)N9 ONUTISN07 tl �2 paI- ANVdINOOONINNVONVOAAll NVId lOVdNl 3Alivimm NOISNVdX3 NNVB VIVO 3AII IN30S_331- n3x3 __1 33l nn ?GdOl3A30?J3NM0 '7�T AT T X7 T�T`T AT y VJ SNflj, 2 SjHdoM I II _I - ms, w g ff O \ I j, 3�N3UW3E30Nti.-._ 80Z1 'tl5� \ �/� / �I Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix F Coastal Consistency Determination vi ROY COOPER NORTH CAROLINA Gavernor Environmental Quality MICHAEL S. REGAN secretary BiiAXXTON C. DAVIS Director March 21, 2019 Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 SUBJECT: CD19-015 Consistency Concurrence Concerning the Development of Live Oak Bank Campus, New Hanover County, North Carolina (DCM#20190015) Dear Ms. Lutheran: We received your consistency submission on January 24, 2019, concerning the development of Live Oak Bank Campus including construction of office buildings, parking decks and associated infrastructure with the incorporated area of the City of Wilmington. North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative Code, and the land use plan of the County and/or local municipality in which the proposed project is located. It is the objective of the Division of Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed federal activities would be compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic values of the State's coastal waters. DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies of Subchapters 711 and 7M of Chapter 7 in Title 15A of the North Carolina Administrative Code and concurs that the proposed activity is consistent with North Carolina's approved coastal management program. Prior to the initiation of the activities described, the applicant should obtain any required State approvals or authorizations, including any authorizations required by the N.C. Division of Water Resources. Should the proposed action be modified further, a revised consistency determination could be necessary. This might takethe form of either a supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal environmental effects not previously considered, a supplemental consistency certification may be required. If you have any questions, please contact me at (252) 808-2808. Thank you for your consideration of the North Carolina Coastal Management Program. Sine , Daniel Govoni Policy Analyst Federal Consistency Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 400 Commerce Avenue Morehead Gity, North Carolina 28557 252.808.2808 Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix G Previous Designs and Layouts vu It c )API Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix H Stormwater Allocation Map with Tables vui £0178Z VNIIOHVO HlaON 'NOIJNIWIIM Bse osrms11w•••N. s(oyisv�� . ' 3nlaa Noanell HvL� L49496LV 16 W46Z N'NOIDNIM mcezia Sao,L��nm.'nm pNayy y� 3- szat ttx .ns`aaaoom mt Hai 3- 6 c� J ANVdWOJ`JNDINV9>IV03nll 3_0 Noanell 44L4 '"I's3anns NnNXno3nn IN301—d_ 3A-3X3 _Vnu 33 n — DdSxHHNI�NHONLL7nSNoD — e T �Tn T 1 SLVll 1 SRI2IOI�i p ' � a °a a is v +i: i '{°+ NVId V3aV 39VNIVaO a31SVVV ?J3dO13AMMNJNZ „�' vis"r¢ a sla na„ SNOKN3tl I1dIbJS34 31tl0 IQBNAS �\ AB \ - / CO Y ��ooa m O@eel � r QR fJJ b6 6� a �a 0 a < a ¢ < a < n° ¢ a ¢ o a x ��� All . ®> ;tea 0 'c O o tt pome O ¢a� U " Qa�a- Kwi�a Haom� Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix I Lower Cape Fear Mitigation Bank Reservation Letter A Lower Cape Fear Mitigation Bank Reservation Letter to be forwarded once received. Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix J Adjacent Property Owner Map L V% rivate -a X(le ca _ Y e) 6ui Syr � t IL ,(. 4 � +ram � *. ,� . � '� . • p� asaa^ uo 14 ., w,o` 4 r Reston Ct dk a PAlu aouapuadapu Plu puapuadapuj- Asco S Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix K Other State and Local Permits xi CrNflF N'GTON 1 W--7j X' - NORTH CAROLIMA 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 a 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial711 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, ---p 410-- .for Sterling Cheatham, City Manager City of Wilmington M. John Tunstall, Norris & Tunstall Eryn Futral, Associate Planner, City of Wilmington Page 1 of 1 ,L [E�MC�r uAN i i 201ti L ENGINEERING i` u,n4sS UIY0I `t WILMINGTON \ORTt [ C:AROLINA Public Services Engineering 414 Chestnut St, Suite 200 73 Wilmington, NC 28401 910 341-7807 910 341-5881 fax wilmingtonnc.gov Dial 711 TTYIVoice STORMWATER MANAGEMENTFORM PERMIT APPLICATION (Form TY� � ` � + GENERAL INFORMATION Rfj_� , ib 13 o 15 ' Project Name (subdivision, facility, or establishment name - should be consistent with project na e on plans, specifications, letters, operation and maintenance agreements, etc.): Live Oak Banking Company Building 31 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 along Tiburon Dr. approximately 1,850'. The site is on the left. II. PERMIT INFORMATION 1. Specify the type of project (check one): ❑ Low Density ❑ High Density X Drains to an Offsite Stormwater System ❑ Drainage Plan ❑ Other If the project drains to an Offsite System, list the Stormwater Permit Number(s): City of Wilmington: 2011033R2 State — NCDENR/DWQ: NIA 2. Is the project currentrXiYesF_1No overed (whole or in part) by an existing City or State (NCDENR/DWQ) Stormwater Permit? If yes, list all applicable Stormwater Permit Numbers: City of Wilmington: 2011034R2 (07-13-15) State — NCDENR/DWQ: NIA Additional Project Permit Requirements (check all applicable): ❑CAMA Major ❑X Sedimentation/Erosion Control ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts: If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: All required permits are currently being reviewed by various agencies for approval. RECEIVED J) 01 OCT 2 3 2017 Page 2 of 7 WILIJINGTON ENGINEERING III. CONTACT INFORMATION Print Applicant 1 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 1 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: ❑X The property owner (Skip to item 3) El 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 1 Organization: Signing Official & Title: a. Contact information for Property Owner: Street Address: City: State: Zip: Phone: Fax: Email: 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. Page 3 of 7 I Ii GTON (QOV ,A-� J: 00 s ICN[�INIFRI\(� LUA � 1 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: iciark@ntengineers.com cc: anorris@ntengineers.com Mailing Address (if different than physical address): Same as Above City: State: Zip: IV. PROJECT INFORMATION 1. 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 expanded. 0 15V S1= - Sti 2. Total Property Area: 1.109,987 square feet ) ] 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): 16 U) Buildings/Lots 79,600 Impervious Pavement 26,232 Pervious Pavement (adj. total, with o % credit applied) 17,886 Impervious Sidewalks 22,055 Pei vivuSSE o liedj � 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 1 Total Project Area) X100 = 62 % RECEIVED �ty' ..BAN 3 3 2018 Page 4 of 7 TILMINGTON rNIONI:.RUW; ENGINEERING 1 ! 6 V2 3} 12. Total Offsite Newly Constructed Impervious Area (improvements made outside of property�ound,"A 1 �' square feet}: Impervious Pavement o Pervious Pavement (adj. total, with % credit applied) o Impervious Sidewalks 0 Pervious Sidewalks (adj. total, with % credit applied) 0 Other (describe) 10 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. T� R I `� , t` I N ` r I Basin Information (Type of BMP) BMP # 1 (Type of BMP) BMP # (Type of BMP) BMP # Receiving Stream Name UT Hewlett Creek (>112 Mile) UT Hewlett Creek (>112 Mile) UT Hewlett Creek (>U2 Mile) Receiving Stream Index Number 18-87-26 18-87-26 18-87-26 Stream Classification SA; HQW (>112 Mile) SA; HQW (>1I2 Mile) SA; HQW (>112 Mile) Total Drainage Area (so 1078156 31631 1109987 On -Site Drainage Area (so 1078156 31831 1109987 Off -Site Drainage Area (so 0 0 0 Total Impervious Area (sf) 664508 23281 687789 Buildings/Lots (so 79600 0 79600 Impervious Pavement (sf) 1 26232 20500 46732 Pervious Pavement, % credit (so 17886 0 17886 Impervious Sidewalks (so 22055 0 22055 Pervious Sidewalks, % credit (so 0 0 0 Other (so M T 2781 2781 5562 Future Development (SO 362854 0 362854 Existing Impervious to remain (sf) 153100 0 153100 Offsite (so 0 1 0 1 0 Percent Impervious Area (%) 61.6% 73.1% 1 62% 15. How was the off -site impervious area listed above determined? Provide documentation: NIA m O Q r O N I— C) N (4 CI) 0x a w Q �r �v a� ro a 0 w cu o 0 o a o LO Q 00 Il_ I` I` (0CDI~ ' Q 0 0 i U- LL L - L - CO LL co In co w w co co m O 0 N 00 Nr (D O ++ O N O 00 NO r 00 Mcq 0) IT O 4 C M r O Y Q II II II II II r II U U II Q U U Q Q (� U U ¢ ¢ m N N LO Q 00 N ULO I` N O N LO CV r M {6 U U U Q Q Q <¢ U Q co c- M CO O Q Q 07 ti O C7 LO CD C9 O 'i Qf r co 0r C7 Q¢¢ Q Q a¢ U 00 "qr It Iq Q m (0 ,It d C) C7 CD LO ~ p] U r � Q I— L r 0 11� LL C cn V! WEM,.?,GTON mecaNr.i RING 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 (0&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: htt ://www.wilmin tonnc, ov/PublicServices/En ineerin/PlanReview/StormwaterPermits-as x 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 , ur rTo - Page 6 of 7 � A 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 VI 1. PROPERTY OWNER AUTHORIZATION (If Section 111(2) has been filled out, complete this section) I, (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 a Notary Public for the State of County of do hereby certify that personally appeared before me this day of and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, My commission expires: lLJINGTENGION VIII. APPLICANT'S CERTIFICATION Page 7 of 7 1, (print or type name of person listed in Contact Information, item 9) , 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. c Signature: Date: A /192 SEAL `�►►►�►���tirri 00 ...:,k t�'•, L • M ` :'0U ElLAG, ,��r, C VE{R ►CO , ``�,, I, i6ftlddL . Q ( W , a Notary Public for the State of U � � efwb wt", , County of IMM J'-6V IOVerI do hereby certify that W. �_ee \AM I s ClM S personally appeared before me this day of and acknowledge the due execution of the application for a stormwater permit.,, Witness my hand and pfficial seal, My commission expires: Permit No. "ENGINEERIWG (to be provided by City of Wilmington) WATER MANAGEMENT PERMIT APPLICATION FORM OFF -SITE SYSTEM SUPPLEMENT VELOP This form may be photocRAINING TO op d for TED use asian original SYSTEMS �� 4 I � ` 0 &Y 2l City of Wilmington Stormwater Management Plan Review: IN _ ,1 ` 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 31 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 Name:Tiburon Parc Type of System (wet pond, infiltration basin, etc.):Wet Pond Lot No. (if part of a subdivision):NIA How much built upon area draining to the permitted treatment system has been allocated to this project?Tracts BR + Road RIW = 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 SW441-Off-Site System-Rev.I Page 1 of 2 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. c. There are no outstanding Notices of Violation for the off -site system. d. Off -site syste is in compliance with the issued permit. Of � I L I u STORMWATER COLLECTION SY TEM 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. 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. 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 Address:1741 Tiburon Drive Wilmington, NC 28403 Phone:910-796-1647 /j Date: G Signature:_l•�' irk, 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, Yo S. Kth I , a Notary Public `for the State ofC[016(J�a,County of M Rd P:K , do hereby certify that w Vv . _ee l am ` personally appeared before me this day of .ilLne . , 12- j q- , and acknowledge the due execution of the forgoing document including the stormwater collection system maintenance requirements. Witness my hand and official seal, .¢O0IFE Skt L�� . . QTA Z Notary Public +t• A,('j �_ ; My commission expires Form � Z. Page 2 of 2 Mz-� NEW HANOVER COUNTY Engineering DepartmentfWater and Sewer District I : 1 + 230 Government Center Drive • Suite 160 Bath E. Wetherill, C.P.P.&C. Wilmington, North Carolina 2803 So�i Ems�orr 5pec��lrsr �����' } TELEPHONE (910)-798-7139 Fax (91fl) 798-7051 July 23, 2418 By Live Oak Banking Company 1741 Tiburon Drive, Wilmington, North Carolina 28443 JUL a s 7018 1RE: Grading Permit #49-17 Revision 42, Live Oak Banking Company Building3lFitpark Roadway Modifications Offsite Dear Mr. Lee Williams: Enclosed is the original and a copy of the revised utility grading permit that you appiied for. Please read the permit conditions carrefafly and return the skned Mire orialhal to our office andIke copy faryour records. The land disturbing fee for the addition of 0.47 acres is S188. It is due to be paid to New Hanover County, to my attention, upon receipt of this permit revision. Freconstruction meetings are optional. If you choose not to have a preconstruction meeting, please contact us with the [late 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, to " W vrf'e-� Beth Easley Wotherill Sol] Erosion Specialist New Hanover County ec: John Tunstall, PE, N&T Eagineering 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) 798-7739 As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance This permit issued to Live Oak Banking Company uthorizes the development of 14.09 acres of land at 1741 Tiburon Drive far Line Oak Ban kin S Company Bull din g 3/Fitpark, Utilities and Off site Ruadwa� Improvements in New Hanover County with modifications and performance reservation.. 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 chart elms. 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 cape of the approved Soil Erosion Control Plm this permit, a rain gauge and copies of the Combined Self -Monitoring and Self Inspection Reports roust be avaslable at all times at the site. Failure to execute the provisions of this permit and the approved Soil Erosion Ilan, or any other provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in ft-nmediate 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 far beguuung ur 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 Perrrtittee"s responsibility to obtain all necessary permits and approvals. SPECIAL COiw11DPTYC}NS {THESE CONDITIONS MUST BE FOLLOWED IN ADDMON 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 office. 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 #3 approved 4/11/18 for 0.68 acres of ixtility work includes a construction entrance, silt fence and concrete washouts. "Revision #2 approved 7/23118 far 0.47 acres of offsite roadway improvements includes three 3.1 sloped swales, inlet protection, concrete washouts and stabilization. Note: Rock for iirdet protection will be 16 to 18 inches high. (Continued) - Page Two Permit# GP 49-17 Revision #i2 *'free Removal Permits and/or Approvals are required from the City of Wilrnigton and/or New Hanover County prior 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 he necessary such as City of Wilmington or New Hwiover 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 plain 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 storrnwater requirement's 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 25 working days, the site will he temporarily stabilized. *All slopes must be stabilized within 21 calendar days of any phase of activity. The approval of an erasion control plan is conditioned on the applicant's compliance with Federal and State Later Quality Iaws, regulations and rules. *Note the required rates for seed, line, fertilizer and mulch in your seeding specifications. *Enclosed is a Combined Self -Monitoring and Self -Inspection Foram that meets the requirements of bath the NPUES 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 i1-2 inch rain per 24-hour period and at specific phases of construction. Additional copies of this Combined Construction Inspection Report can be found at hitp. Zportal.ncdenr.orglwebNernsion . 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) 796-7215. *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 mast include the following surface water withdrawal locations and stabilization requirement designations on the plan in order to qualify for coverage under the most recent NPDE5 Construction General Permit. All settling basins must have outlet structures that withdraw water from the surface, with the exception of basims or traps that have a drainage area of less than 1 acre. The NPDES permit also requires ground cover within 14 calendar days on di.5turbed flat areas and ground cover within 7 calendar days on all areas within HQW Zones, perimeter dikes, swales, flitches, perimeter slopes and all slopes steeper than 3:1. Exceptions include slopes that are 10 feet or less in length and notstee per than 2:1 which must be stabilized within 14 calendar days and slopes greater than 50 feet which inust 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 3/2 inch rain event in a 24-hour period. This permit also includes other new requirements which are listed in the text of the NPDFS Storrnwater Discharge Perrrdt for Construction Activities, which is attached tc the original copy of each land disturbing pent. *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, Establishrstent of permanent ground cover sufficient to restrain erasion and any Deviation from the approved plan. *Pre-cnnatruction meetings are optional. Contact Beth E. Wetherill at (910) 798-7139 to set up a meeting prior to land disturbing activity nnsite. If you do not choose to have a prec on struction 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. Beth E. Wetherill, C.P.p.S.C. Soil Erosion Specialist/New Hanover County Permit# GP 49-17 Revision #2 Acknowledgment of receipt of Permit Owner IfY (please print) Signature Live Oak Bank 2020 IP Application Supplemental Information SEGi Appendix L City of Wilmington Office and Industrial Setback Requirements xu City of Wilmington Office and Industrial Setback Requirements 1. PART III - TECHNICAL CODES 2. Chapter 18 - LAND DEVELOPMENT CODE 3. ARTICLE 5. - ZONING DISTRICT REGULATIONS 4. DIVISION 11. - DISTRICT REGULATIONS 5. Sec. 18-190. - 0&1-1, Office and Institutional District 1. (f) Development standards. (1) Dimensional requirements. Minimum lot area (square feet): 15,000. Maximum lot coverage: 40%. Minimum lot width (feet): 80. Minimum front setback (feet): 20. Minimum rear setback (feet): 20 (b), (d) Minimum interior side setback (feet): 10 (`), (d) Minimum corner lot side setback (feet): 20. Height (feet): 45 la1 Notes: (a)See subsection (f)(2) below for requirements for increased height up to 75 feet for structures. (b)When abutting a residential district, the minimum rear setback shall be twenty-five (25) feet. (`)When abutting a residential district, the minimum interior side setback shall be twenty (20) feet. (d)For every foot of increased height of structures over twenty (20) feet, the developer shall provide additional interior side and rear yard setbacks at a 1:1 ratio where abutting a residential district. (2) Height. Structures within the 0&1-1 District shall be limited to a maximum of forty-five (45) feet by right. Structures up to a maximum of seventy-five (75) feet in height may be permitted upon the issuance of a special use permit and if the following conditions are met: a. Maximum lot coverage. Thirty-five (35) percent. b. Setback requirements. The following setback requirements must be met along any property line which is adjacent to a residentially used or zoned parcel: i. Up to sixty (60) feet in height: Eighty (80) feet (minimum) building setback. ii. Up to seventy-five (75) feet in height: One hundred forty-three (143) feet (minimum) building setback. Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* David Syster david.syster@segi.us Live Oak Bank c/o Mr. Lee Williams Live Oak Bank Campus New Hanover Street Address 1741 Tiburon Drive Address Line 2 aty Wilmington Postal / Zip axle 28403 (- Yes c: No Type(s) of approval sought from the DWR: F 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express W Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* c: Yes (- No Please list all existing project ID's associated with this projects.* 20170974 v2 State / Province / Pegion NC Country New Hanover Do you know the name of the staff member you would like to request a meeting with? Rick Trone Please give a brief project description below.* Live Oak Bank is in the process of expanding their campus. The proposed design involves impacts to wetland which require 401 certification. This application has previously been submitted and was withdrawn in 2019. The current design and application includes the response to the last request for additional information. Please give a couple of dates you are available for a meeting. 11 /19/2020 11 /20/2020 11 /23/2020 11 /24/2020 Please attach the documentation you would like to have the meeting about. 5-28-2020 Impact Map Set.pdf 7.23MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 11/18/2020 Submittal Information ID# 20170974 Version: 3 Project Name: Live Oak Bank Campus Expansion Is this a transportation project? Application Type: Non -DOT Application Attachment App Received Date: 7/19/2021 Contact Emails david.syster@segi.us County (or Counties) New Hanover Web Access URL: https://edocs.deq.nc.gov/Laserfiche/indexaspx? db=WaterResources#id=1404641;view=browse Public URL: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1404641 Payment Information Fee Received* r Yes f No - Application withdrawn by Applicant r No - On hold for more than 30 days - application returned Date Fee 7/20/2021 Received:* Select Reviewer:* RickTrone:eads\rvtrone Select Reviewing Office:* Central Office - (919) 707-9000