20170974 Ver 2_More Info Requested_20190125

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 25, 2019
DWR # 2017-0974v2
New Hanover County
Live Oak Bank
Attn: W. Lee Williams
1741 Tiburon Drive
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
Live Oak Bank
Dear Mr. Williams:
On December 12, 2018, the Division of Water Resources —Water Quality Programs (Division)
received your application dated November 27, 2018, requesting an Individual Water Quality
Certification from the Division for your project. The Division has determined that your
application is still incomplete and cannot be processed. The application is on -hold until all of
the following information is received:
If the U.S. Army Corps of Engineers requests a response to any comments received as a
result of the Public Notice, please provide the Division with a copy of your response to
the USACE. [15A NCAC 02H .0502(c)]
2. Please provide an "Impact Summary Worksheet." This worksheet was referenced
throughout the application narrative, but one was not provided. Also, buildings were
referenced by number in the application narrative, but no key was provided. Please
provide a key or map with the buildings numbers labeled.
Cumulative Impacts
3. Title 15A NCAC 02H .0506(b)(4) directs the Division to consider a project's cumulative
impacts based on past or reasonably anticipated future impacts. In the Purpose and
Need narrative section of the application submittal, you state that the "Live Oak
business model continues to grow at a rate of 15% annually, requiring additional
lending, and support staffing similar to this top line revenue growth." Was this growth
projection considered in 2017 when a 401 Certification was requested for facility
expansion at this location? The application in 2017 stated that the project would not
result in additional development that could impact nearby water quality. Please provide
more analysis of cumulative impacts, taking into consideration past and reasonably
anticipated future impacts associated with the rapid growth of the company.
D
_EQ... North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 2 769 9-1617
nmc w
919.707.9000

Live Oak Bank
DWR# 20170974v2
Request for Additional Information
Page 2 of 3
4. The application states that 1.57 acres of wetlands are to be impacted, however it is
unclear how much of this will consist of fill (see #2 above). Based on a review of the US
Fish and Wildlife's Wetland Mapper Tool, the wetland you propose to impact continues
on adjacent parcels. The Division has concerns that the proposed wetland impact could
result in secondary impacts to the hydrology and/or function of the remaining wetland.
Explain how the proposed wetland impact will not result in secondary impacts to the
hydrology and/or function of the remaining wetlands (e.g. will stormwater discharge
from the SCMs be directed towards the wetland?). [15A NCAC 02B .0231(b)(5)(F) and
NCAC 02H .0506 (b)(4)]
Avoidance and Minimization
5. The proposed wetlands impact encompasses the entire balance of the wetlands on the
parcel. The Division has questions regarding alternatives that could provide avoidance
or minimization to this impact. Specifically:
a. An additional 4.20 acres of property was purchased from an adjacent parcel to the
east ("Parcel 5" owned by Oleander Company) for the construction of additional
buildings ("Buildings 9, 10, 11"). In your application narrative under Section IV
Alternatives, you stated that "there is no land available within this tract." This tract is
largely undeveloped. Please clarify why acquiring more property in this tract is not
practicable as was done for Buildings 9, 10, and 11.
The exhibit labeled "Adjacent Property Owners" shows the parcel owned by the
applicant has a wide finger extension to the northeast, but this piece of the parcel
will not be developed according to the impact map. A parking deck is proposed for a
portion of this land, but nothing is shown on the northern end. Jurisdictional
Determination included in your application shows this area contains no wetlands or
water resources. Please explain why it is not feasible to avoid wetland impacts by
developing this area or creating stormwater management measures here.
c. The plans included in the previous authorization from 2017 show two buildings (one
is referred to as "Building 6" in the narrative, the other building number is unclear)
on the north side of the property that were sited east of the wetland. The current
plans show these building reconfigured with Building 6 impacting the wetland.
Please explain why this reconfiguration was necessary and why the two buildings
cannot be sited without impacting the wetland as was shown in previous plans.
d. It appears minimization can be accomplished by reducing surface parking and
incorporating those spaces into the proposed parking decks, thereby freeing area to
shift the building locations and/or enlarging the smaller, eastern stormwater
management pond. Please demonstrate why incorporating some of the surface
parking space into the decks is not feasible as a minimization strategy.

Live Oak Bank
DWR# 20170974v2
Request for Additional Information
Page 3 of 3
6. To mitigate for impacts, you have proposed purchase of credits from the Lower Cape
Fear Mitigation Bank. Please provide a credit reservation letter.
7. Please provide a stormwater management plan that show drainage areas, inlets and
discharge points. Also clarify if the eastern stormwater management pond (authorized
in 2017 and proposed to be expanded) has been constructed to date.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617 OR by submitting all of the above requested information through this link:
https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (please note that the DWR#
requested on the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this
letter, the Division will be unable to approve the application and it will be returned. The return
of this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.
Please be aware that you have no authorization under the Water Quality Certification Rules for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Contact Paul Wojoski at 919-707-3631 or [e-mail] if you have any questions
or concerns.
Sincerely,
Karen Higgins, Suprsor
401 & Buffer Permitting Branch
cc: David Syster, Southern Environmental Group Inc. (via email)
Rachel Capito, USACE Wilmington District (via email)
Chad Coburn, DWR WiRO (via email)
DWR 401 & Buffer Permitting Unit
Filename: 20170974v2Live0akBank(New Hanover)_401_IC_Addlnfo