20170974 Ver 1_401 Application_20170804

L G
LAND MANAGEMENT GROUP INC -
Environmental Consultants
August 1, 2017
TO: Mr. Chad Coburn
NC DEQ Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Live Oak Bank Expansion; New Hanover County, NC
401 WQC Application
Action ID# SAW -2011-01812
Dear Chad:
2 0 1 70 9 7 4
11 kl�o� R 0 W [2
AUG 0 4 2017
DEQ -WA TER RESOURCES
401 & BUFFER PERMITTING
Enclosed is a 401 WQC Application for your review. It is submitted on behalf of the Live Oak
Banking Company for the expansion of their existing headquarters, which is currently located just
south of the project area. The expansion will impact 0.37 acre of wetlands and 0.125 acre of
jurisdictional ditches. The applicant proposes to mitigate for the wetland impacts by purchasing
credits from the Lower Cape Fear Umbrella Mitigation Bank.
Enclosed are the PCN form, site maps, and site plan. The DWR application fee has been submitted
to your Raleigh office. Please let me know if you have any questions or need additional
information in order to issue the 401 WQC. Thank you for your assistance with this project.
Sincerely,
Kim Williams ,
Environmental Scientist
Encl.
cc: Mr. John Tunstall, Norris and Tunstall Engineers
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.. Processing
1a. Type(s) of approval sought from the
Corps: To
Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 & 18 or General Permit (GP) number:
–7-0
1 c. Has the NWP or GP number been verified by the Corps?
yes
❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification – Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification – Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
[:]Yes
® No
2. Project Information
2a. Name of project:
Live Oak Bank Expansion
2b. County:
New Hanover
2c. Nearest municipality / town:
Wilmington
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
Oleander Company
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
Mr. Jim Smith
3d. Street address:
P.O. Box 3145
3e. City, state, zip:
Wilmington, NC 28405
3f. Telephone no.:
910-392-3300
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form – Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner) Applicant has property under contract
4a. Applicant is:
❑ Agent ® Other, specify:
4b.
Name:
W. Lee Williams; Executive Vice President
4c.
Business name
(if applicable):
Live Oak Banking Company
4d.
Street address:
1741 Tiburon Drive
4e. City, state, zip:
Wilmington, NC 28403
4f.
Telephone no.:
910-796-1647
4g.
Fax no.:
4h. Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Kim Williams
5b. Business name
(if applicable):
Land Management Group, Inc.
5c.
Street address:
3805 Wrightsville Avenue, Suite 15
5d. City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
[phone]
5f.
Fax no.:
[phone]
5g.
Email address:
[e-mail]
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
R06109-004-032-000
1 b. Site coordinates (in decimal degrees):
Latitude: 34.201981 N, Longitude: -77.92343 W
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
— 27 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Hewlett's Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
SA; HQW
2c. River basin:
White Oak
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently undeveloped and forested. Adjacent land use consists of commercial to the south (existing Live Oak
Bank building), residential to the west, and undeveloped and forested to the north and east.
3b. List the total estimated acreage of all existing wetlands on the property:
11 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to expand the existing Live Oak Bank headquarters, which is currently located just south of the
property.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes the construction of several buildings that will be a part of the overall LOB campus, an amenity center,
parking garage, expansion of an existing stormwater pond, construction of a new stormwater pond, additional parking areas,
extension of Tiburon Drive and the construction of several other access ways. Additionally, a stormwater pipe will re-route
water around the development to an existing ditch on site and will terminate in an outfall pipe and rip rap (50' x 30'). Track
hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Paul Farley & Rob Moul
Land Management Group, Inc.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Kyle Dahl of the USACE issued the JD on 7/3/17 (Action ID# SAW -2011-01812).
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill
Non -riparian
® Yes
❑ No
® Corps
®DWQ
0.336
W2 ®P ❑ T
Rip rap/stormwater
pipe outfall
Non -riparian
® Yes
❑ No
® Corps
®DWQ
0.034
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.37
2h. Comments:
3. Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ®P ❑ T
N/A
Fill
RPW
0.019
02 ®P ❑ T
N/A
Fill/Reroute
RPW
0.10
03 ®P ❑ T
N/A
Excavation
RPW
0.006
04 ❑P❑T
4f. Total open water impacts
0.125
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
Pi
Stormwater
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar -Pamlico F-1 Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
61 ❑P❑T
EJ Yes
❑ No
EJ Yes
B2❑P❑T
❑ No
El Yes
B3 ❑P❑T
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Because of the amount and location of wetlands and jurisdictional ditches on site, impacts associated with this development
could not be avoided. Furthermore, a previous JD showed less wetlands within the site. The applicant used this previous JD to
develop a site plan. When additional wetlands were recently determined to be on site, the engineer had to re -design the
project to minimize impacts as much as possible at expense to the client. However, impacts could not be completely avoided.
The applicant needs to keep the proposed parking garage and several of the buildings in close proximity to the existing
building to reduce costs and provide convenience to employees. To maintain a hydrological connection through the site, the
applicant plans to reroute water from existing ditches and tie into another ditch located within a wetland finger.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be used during construction to reduce sediment from eroding into adjacent jurisdictional areas.
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?
® Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
® Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Non-
Riparian
Quantity: 0.7 ac
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program N/A
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan N/A
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
75%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The project engineer is currently working to obtain a stormwater permit.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
City of Wilmington
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review NIA
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review NIA
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments: N/A
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not provide access or utilities to adjacent properties.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated by this project will tie into the local municipality.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program website was used to determine the presence of federally-listed species. No federally listed
species are known to occur within the site. An historic red-cockaded woodpecker occurrence has been documented within
one-mile of the site. The project area consists mainly of young loblolly pine trees. Some areas support larger longleaf pines,
but these areas are too small and fragmented to provide appropriate habitat for the RCW. Additionally, the northern long-
eared bat has been identified within New Hanover County. Vegetation that could provide appropriate roosting or wintering
habitat for the bat will be removed for site development. However, no blasting or other percussive activities will occur during
site development. Furthermore, there are no existing bridges that could provide appropriate habitat for the bat. No impacts to
federally-listed species are anticipated to occur from this project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. No EFH is known to occur within or adjacent to the site.
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
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No cultural or historical resources were noted within the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100-year floodplain.
Kim Williams
8/1/2017
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
Date
is provided.)
Page 11 of 11

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our went in the
preparation and representation of information related to the Section 404/401 permit application
for Live Oak Bank Project, Wilmington, NC project. All questions in regards to this project
should be directed to Land Management Group, Inc.
Sincerely,
Applicant
Pint Name
Date

@ OpenStreetMap (and) contributors, CC -BY -SA
L:\WETLANDS\2016\01-16-328\datapackage\mapset.cdr k
*Boundaries are approximate and are not meant to be absolute.
Map Source: ArcGIS World Street Map SCALE 1" = 1 mile
Live Oak Bank LMG
New Hanover County, NC Figure 1
www.lmgroup.net Vicinity Map
July 2017 3805 Wrightsville Avenue
LMG # 01-16-328 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

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"Boundaries are approximate and are not meant to be absolute.
Map Source: USGS Wilmington Quadrangle 7.5 minute SCALE 1" = 400'
Live Oak Bank LMG
New Hanover County, NC Figure 2
www.lmgroup.net USGS Topographic Map
July 2017 3805 Wrightsville Avenue
LMG # 01-16-328 Wilmington, NIC 28403
Phone: [phone] Fax: [phone]
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"Boundaries are approximate and are not meant to be absolute.
Map Source: USGS Wilmington Quadrangle 7.5 minute SCALE 1" = 400'
Live Oak Bank LMG
New Hanover County, NC Figure 2
www.lmgroup.net USGS Topographic Map
July 2017 3805 Wrightsville Avenue
LMG # 01-16-328 Wilmington, NIC 28403
Phone: [phone] Fax: [phone]
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Map Source: USGS Wilmington Quadrangle 7.5 minute SCALE 1" = 400'
Live Oak Bank LMG
New Hanover County, NC Figure 2
www.lmgroup.net USGS Topographic Map
July 2017 3805 Wrightsville Avenue
LMG # 01-16-328 Wilmington, NIC 28403
Phone: [phone] Fax: [phone]

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New Hanover County, NC _ ��� Figure 4
www.lmgroup.net Aerial Photograph
July 2017 3805 Wrightsville Avenue
LMG # 01-16-328 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2011-01812 County: New Hanover U.S.G.S. Quad: NC- Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Jim Smith
The Oleander Company
P.O. Box 3145
Wilmington, North Carolina 28405
Agent: Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) 27.1 acres Nearest Town Wilmington
Nearest Waterway UT to Hewletts Creek River Basin White Oak
USGS HUC 03020302 Coordinates Latitude: 34.2025 N
Longitude: -77.9077 W
Location description: The review area is located at 1741 Tiburon Drive (Parcel R06109-004-032-000). in the City of
Wilmington, New Hanover County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that
may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional
determination may be used in the permit evaluation process, including determining compensatory mitigation. This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction
B. Approved Determination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified
by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion.
Once verified, this survey will provide an accurate depiction of all areas subject to 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

V v
_ 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 [phone] 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.Dahl a0usace.army.mil.
C. Basis For Determination: Please see the attached Approved Jurisdictional Determination Form. The
enclosed_ map titled "Alderman Proieet" dated June 2017 accurately depicts the extent of iurisdictional
waters subiect to iurisdictional under Section 404 of the Clean Water Act.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address by September 3, 2017
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.*
Corps Regulatory Official:
Date: July 3, 2017 Expiration Date: July 3, 2022

SECTION I,- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional infonnation may be found at http:/hv«-%v.usace.arniy.mil/Nlissions!Civi]Works/RegulatonProgramandPermits.11 x or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section I1 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.
5
Applicant: Jim Smith, Oleander Co
File Number: SAW -2011-01812
Date: Jul v 3, 2017
Attached is:
See Section below
F-11 INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
® APPROVED JURISDICTIONAL DETERMINATION
D
F11 PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I,- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional infonnation may be found at http:/hv«-%v.usace.arniy.mil/Nlissions!Civi]Works/RegulatonProgramandPermits.11 x or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section I1 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.
SECV09-1I'- RE CfiESTTOR APPEAU` 04fOBJf�CT16NS TO AN:INITIAL PROFFERE01'ERMIT
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.
POINT OF CONTACT FOR UESTIONS OR INFORMATION
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Kyle Dahl
CESAD-PDO
[phone]
U.S. Army Corps of Engineers, South Atlantic Division
[e-mail]
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Kyle Dahl, 69 Darlington Ave., Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

NOTE: This s not a surJev. All boundaries and distances are considered approximate.
This represents a oreGminar. s'<etch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
• specific site planning. Delineation approved by Kyle Dahl of the USACE on 6/30117
Searsonal rpw-
PervrInial
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A �► 46°19
Project area -- 27 acres
Approved uplands — 16 ac or 59%
Approved wetlands —11 ac or 41%
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Approved US waters (RP111) -• 1934 linear feet
Approved non -jurisdictional ditch —356 linear feet s
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L:IWETLANDS2016101.18-32ftoo ovedwedandske".cdr
`Boundaries are approximate and are not meant to be absolute.
Map Source: 2010 GIS World Imaaery
dry.
4
SCALE 1" = 400'
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New Hanover County, NC4 I'„„.,n�,,.,,,,:,�.��„„��„�,
www.lmgroup.net
June 2017 3805 Wrightsville Avenue
LMG ## 01-16-328 Wilmington, NC 28403
Phone: [phone] Fax: [phone]
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