Estrella Landing - Exhibit C Documents
Major Subdivision Site Plan TRC Approval- Estrella Landing Apartments- 4615 Gordon Rd
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MAJOR SUBDIVISION - SITE PLAN
APPROVAL
To: Stephanie Norris, snorris@norcomanagement.com
Luke Menius, lmenius@stroudengineer.com
From: Zach Dickerson
Current Planner
Date: June 30, 2022
Subject: Major Subdivision Site Plan TRC Approval – Estrella Landing Apartments – 4615 Gordon Rd
4615 Gordon Rd, Estrella Landing Apartments, Major Subdivision Site Plan has been approved by the
Technical Review Committee (TRC). The approved plan consists of four buildings on 5.11 acres of land
located at 4615 Gordon Rd. (PID# R04300-001-007-000). This approval is valid for two years unless a
final plat application for all or a portion of the project is submitted to the County. The approved
preliminary plan is enclosed.
Please note the project may be subject to additional regulations of the County’s development ordinances. In
addition, this approval does not relieve the applicant from any law, regulation, or requirement of any other
government or regulatory agency.
Approval of this preliminary plan allows for construction plans to be approved for the subject
project. Construction plans must be approved prior to full site work taking place on the property.
If you have any questions or concerns, please do not hesitate to contact me at (910) 798-7450 or
zdickerson@nhcgov.com.
Sincerely,
Zachary Dickerson
Current Planner
cc: TRC (Fire Services, Engineering, CFPUA, NCDOT)
Tree Removal Permit – [4615 Gordon Rd – Estrella Landing Apartments]
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TREE REMOVAL PERMIT
To: Stephanie Norris, snorris@norcomanagement.com
Luke Menius, lmenius@stroudengineer.com
From: Zach Dickerson
Current Planner
Date: July 1, 2022
Subject: Tree Removal Permit – Estrella Landing – 4615 Gordon Rd
New Hanover County has approved tree removal plans and has issued a tree removal permit for
the property described below.
APPLICANT NAME: Stephanie Norris & Luke Menius
PERMIT NUMBER: TR-22-000041
TREE REMOVAL/PROJECT DESCRIPTION: 2,368 inches of trees being removed, 71 of which are
significant.
REQUIRED MITIGATION: 142 inches required to be mitigated.
APPROVED TREE MITIGATION: Mitigation is provided by retention of existing trees onsite.
ADDRESS: 4615 Gordon Road
PARCEL ID NUMBER(S): R04300-001-007-000
Tree removal activities for the above property may begin at this time in accordance with the County’s
regulations and with the following conditions:
1. TREE REMOVAL MUST BE CONDUCTED IN ACCORDANCE WITH THE PLANS APPROVED BY THE COUNTY
(ATTACHED TO THIS PERMIT), INCLUDING PLANS FOR MITIGATING THE REMOVAL OF SIGNIFICANT
TREES. FAILURE TO FOLLOW THE APPROVED PLAN MAY RESULT IN A REQUIRED PAYMENT INTO THE
COUNTY’S TREE IMPROVEMENT FUND IN ACCORDANCE WITH COUNTY STANDARDS.
Tree Removal Permit – [4615 Gordon Rd – Estrella Landing Apartments]
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2. AN UNDISTIRBED AREA WITH POROUS SURFACE SHALL BE RESERVED AROUND EACH TREE RETAINED
TO COMPLY WITH COUNTY STANDARDS AS DETERMINED BY THE TREE’S DRIP RING OF ITS NATURAL
CANOPY.
3. TREE PROTECTION FENCING:
A. PRIOR TO ANY CLEARING, GRADING, OR CONSTRUCTION ACITIVITY, APPROVED TREE
PROTECTION FENCING (SUCH AS SAFETY BARRIER FENCING, A WOODEN SLAT SNOW FENCE, OR
WIRE FENCE) SHALL BE INSTALLED AROUND PROTECTED TREES OR TREE STANDS LOCATED IN
CONSTRUCTION AREAS OR OTHER SITE AREAS THAT WILL BE DISTIRBED BY CONSTRUCTION
ACTIVITIES.
B. THE FENCING SHALL BE A MINIMUM OF FOUR FEET IN HEIGHT AND BE OF DURABLE
CONSTRUCTION.
C. TREE PROTECTION FENCING SHALL REMAIN IN PLACE THROUGH COMPLETION OF CONSTRUCTION
ACTIVITIES.
D. NO CONSTRUCTION WORKERS, TOOLS, MATERIALS, OR VEHICLES ARE PERMITTED WITHIN THE TREE
PROTECTION FENCING.
4. IF ANY TREE RETAINED TO COMPLY WITH COUNTY STANDANRDS IS DESTROYED, SUBSTANTIALLY
DAMAGED, OR DIES AS A RESULT OF NEGLIGENCE ON THE PART OF THE PROPERTY OWNER WITHIN
THREE YEARS AFTER THE CLEARING, GRADING, OR LAND DISTURBING ACTIVITY, THEN REPLACEMENT
TREES MUST BE PLANTED ON THE SITE OR A PAYMENT MUST BE MADE TO THE COUNTY’S TREE
IMPROVEMENT FUND IN ACCORDANCE WITH COUNTY STANDARDS.
5. THIS PERMIT DOES NOT RELIEVE THE PROPERTY OWNER OR APPLICANT FROM ANY LAW, REGULATION,
OR REQUIREMENT OF ANY OTHER GOVERNMENT OR REGULATORY AGENCY. ADDITIONAL LOCAL,
STATE, AND FEDERAL PERMITS MAY BE REQUIRED TO BE OBTAINED PRIOR TO BEGINNING ANY
CLEARING, GRADING, OR OTHER LAND DISTURBING ACTIVITIES.
6. MODIFICATIONS MADE TO THE APPROVED TREE REMOVAL AND MITIGATION PLAN WILL REQUIRE
ADDITIONAL REVIEW BY THE COUNTY AND MAY REQUIRE THE SUBMITTAL OF A NEW TREE REMOVAL
PERMIT APPLICATION.
Issued by: __ Date: 07/01/2022
Zach Dickerson
*IF THE TREE REMOVAL ACTIVITIES HAVE NOT SUBSTANTIALLY COMMENCED BY WITHIN SIX MONTHS OF PERMIT
ISSUANCE, THIS PERMIT SHALL EXPIRE, AND A NEW TREE REMOVAL PERMIT APPLICATION MUST BE SUBMITTED.
New Hanover County
Building Safety
230 Government Center Drive, Suite 170
Wilmington, NC 28403
Phone: (910) 798-7308 Fax: (910) 798-7811
Permit #:Parcel #:FDP-22-000031 R04300-001-007-000
Permit Type:Occupancy Type:NHC Floodplain Development Permit
Issued Date:April 20, 2022 Expiration Date:April 19, 2024
Project Address:4615 GORDON RD
WM, NC 28411
Project:
Owner:Contractor:
Address:Address:
Phone:Phone:
Project Details
Scope of Work:
0SQ Ft:Valuation:$0.00
Set Back Front:Set Back Left:
Set Back Rear:Set Back Right:
Set Back Between Structure:
Special Zoning Comments:5 Acre site constructing 2 (24) unit buildings; 1 (36) unit building; clubhouse/manager office;
stormwater wet pond. All buildings on site to be constructed above flood.
5 Acre site constructing 2 (24) unit buildings; 1 (36) unit building; clubhouse/manager office; stormwater wet pondDescription:
Permit Fees
Name Amount Paid Due
NHC Floodplain Commercial Final Inspection $45.00$45.00 $0.00
Totals:$45.00 $45.00 $0.00
Special Notes and Comment:
Contractor hereby agrees to take full responsibility as required by law for compliance with all State and Local Codes and
Ordinances pertaining to construction and the conditions of this permit. All construction debris must be removed by the
contractor. The county will not pick up any construction debris. Please call 910-798-7308 for inspections. Inspections requested
by 3:30pm will be scheduled for the next business day. Inspections requested from 3:30pm to 5pm are scheduled for the day after
the next business day Monday through Friday. Any disagreement with a decision made by a Building Safety Official (i.e. field
inspector, or plan reviewer) may be brought before the Chief Building Inspector for review.
Notice
230 Government Center Drive Suite: 170 Wilmington, NC 28403Page 1 of 2
June 14, 2022
Ms. Ronda Moore
North Carolina Housing Finance Agency
P.O. Box 28066
Raleigh, NC 27611-8066
Via email to: rgmoore@nchfa.com
RE: Amended and Restated Notice to Proceed & Environmental Clearance
Estrella Landing Apartments
4615 Gordon Road
Wilmington, NC 28411
Dear Ms. Ronda Moore:
The North Carolina Office of Recovery and Resiliency (NCORR), as a recipient of Community
Development Block Grant – Disaster Recovery (CDBG-DR) funds from the United States
Department of Housing and Urban Development (HUD), is serving as the responsible entity for
compliance with the HUD environmental review procedures set forth in 24 CFR Part 58. NCORR
has completed its environmental review of the above-referenced Affordable Housing Development
Fund project, and HUD has issued the Authority to Use Grant Funds (AUGF) on May 10, 2022.
This Notice to Proceed certifies that the HUD environmental review requirements under 24 CFR
Part 58 have been satisfied.
This letter constitutes the NCORR Environmental Clearance of this project, subject to the
completion of the closeout items listed in the attached NCORR Project-specific Environmental
Closeout Items Letter. If you have any questions or require additional information, please feel free
to contact Andrea Gievers at (845) 682-1700 or via email at Andrea.L.Gievers@Rebuild.NC.gov.
Thank you for your time and assistance.
This letter has been amended and restated to correct scrivener’s errors and remains effective as of
June 14, 2022. This letter may be relied upon by Estrella Landing Apartments, LLC and its
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developer, partners and affiliates on condition that the project information submitted for the
environmental review record was complete and accurate.
Sincerely,
Andrea Gievers, JD, MSEL, ERM
NCORR Environmental Subject Matter Expert
Attachments: NCORR Project-specific Environmental Closeout Items Letter
CC: Tracey Colores, NCORR Community Development Director,
Tracey.Colores@ncdps.gov
Michele Wiggins, NCORR Housing Opportunities Manager,
Tammy.Wiggins@ncdps.gov
Tara Hall, NCHFA Manager of Rental Development,
tshall@nchfa.com
June 14, 2022
Ms. Ronda Moore
North Carolina Housing Finance Agency
P.O. Box 28066
Raleigh, NC 27611-8066
Via email to: rgmoore@nchfa.com
RE: Amended and Restated NCORR Project-specific Environmental Closeout Items Letter
Estrella Landing Apartments
4615 Gordon Road
Wilmington, NC 28411
Dear Ms. Ronda Moore:
The North Carolina Office of Recovery and Resiliency (NCORR), as a recipient of Community
Development Block Grant – Disaster Recovery (CDBG-DR) funds from the United States
Department of Housing and Urban Development (HUD), is serving as the responsible entity for
compliance with the HUD environmental review procedures set forth in 24 CFR Part 58. NCORR
has completed its environmental review of the above-referenced Affordable Housing Development
Fund project and HUD has issued the Authority to Use Grant Funds (AUGF) on May 10, 2022.
The HUD environmental review requirements under 24 CFR Part 58 have been satisfied.
NCORR has issued a Notice to Proceed and Environmental Clearance Letter for this project. This
environmental clearance is conditioned on and subject to adherence to the compliance
requirements outlined in the NEPA environmental review record (ERR) and associated documents,
summarized below for your convenience. The NEPA ERR is available at:
https://ncconnect.sharepoint.com/:f:/r/sites/DPS_RB_PMO/TEST%202/Multifamily%20ERRs/E
strella%20Landing?csf=1&web=1&e=8dSvJ6.
Any change to the approved scope of work will require re-evaluation by the Certifying Officer for
compliance with NEPA and other laws and Executive Orders. Please send to NCORR copies of
all permits obtained or reasons permits listed below were not required/obtained. This review does
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not address all federal, state, and local requirements. Acceptance of federal funding requires
recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal,
state, and local environmental permits and clearances may jeopardize federal funding. Guidelines,
recommendations, and requirements identified during the State Environmental Clearinghouse
inter-agency review shall be considered and required, where applicable.
Law, Authority, or Factor Mitigation Measure
Clean Air
Clean Air Act, as amended,
particularly section 176(c) & (d); 40
CFR Parts 6, 51, 93
Construction-related activities can cause short-term exposures
such as fugitive dust and emissions. The proposed project will
conform to NC Air Quality Management regulations during
and following construction. The contractor will use BMPs to
reduce fugitive dust generation and diesel emissions. BMPS
will include wetting the grading site during dry conditions. In
addition, the stormwater retention system will be appropriately
maintained to limit exposures.
Noise Abatement and Control
Noise Control Act of 1972, as
amended by the Quiet Communities
Act of 1978; 24 CFR Part 51 Subpart
B
Short-term construction noise will be limited to daytime hours
with the exception of a water-main connection within Gordon
Road. This will occur at night in order to limit disturbance to
traffic during heavily trafficked hours. Construction
equipment will be required to meet local sound control
requirements.
Floodplain Management
Executive Order 11988, particularly
section 2(a); 24 CFR Part 55
Applicable permits from the U.S. Army Corps of Engineers,
NC Department of Environmental Quality, and local
jurisdictions will be acquired before work is commenced. The
proposed project activities will be completed in accordance
with all applicable federal, state and local laws, regulations,
and permit requirements and conditions. Permits required for
this proposed project shall be obtained before commencing
work and appended to the environmental review record when
received from the permitting agencies.
While flood insurance may not be mandatory in this instance,
HUD recommends that all insurable structures maintain flood
insurance under the NFIP.
The attached Floodplain Management Determination (EO
11988) and Protection of Wetlands (EO 11990) Determination
documents the 8-step process under 24 CFR 55.20.
Wetlands Protection
Executive Order 11990, particularly
sections 2 and 5
Unique Natural Features,
Water Resources
The proposed project will result in temporary impacts to
approximately 0.057 acres and permanent impacts to
approximately 0.094 acres of NWI-mapped wetlands. Permits
will be required in order to impact these features. A Section
404 Permit and Nationwide Permit 29 will be acquired and
complied with for impact to an area of less than 0.5 acres.
According to NC DEQ, compliance with the T15A 02H .0500
Certifications are required whenever construction or operation
of facilities will result in a discharge into navigable water as
described in 33 CFR part 323.
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The proposed project activities will be completed in
accordance with all applicable federal, state and local laws,
regulations, and permit requirements and conditions. Permits
required for this proposed project shall be obtained before
commencing work and appended to the environmental review
record when received from the permitting agencies.
The attached Floodplain Management Determination (EO
11988) and Protection of Wetlands (EO 11990) Determination
documents the 8-step process under 24 CFR 55.20.
Soil Suitability/ Slope/ Erosion/
Drainage/ Storm Water Runoff
BMPs will be implemented during construction activities.
Additionally, a surface water control feature will be installed
at the site during the initial phase of construction in order
minimize sediment loss. According to NC DEQ, the
Sedimentation Pollution Control Act of 1973 must be properly
addressed for any land disturbing activity. An Erosion and
Sedimentation Control Plan will be required if one or more
acres are to be disturbed. Plan must be filed with and approved
by applicable NC DEQ Regional Office (Land Quality
Section) at least 30 days before beginning activity. A NPDES
Construction Stormwater Permit (NCG010000) is also usually
issued should design features meet minimum requirements.
Further, the proposed project will comply with 15A NCAC 2H
1000 State Stormwater Permitting Programs that regulate site
development and postconstruction stormwater runoff control.
According to NC DEQ, areas subject to these permit programs
include all 20 coastal counties, and various other counties and
watersheds throughout the state. The proposed project will
conform to construction requirements of the State of North
Carolina and New Hanover County.
List of Permits To Be Obtained (later identified permits will be added to the ERR):
All applicable federal, state and local permits will be identified and obtained prior to starting
construction. Permits that might be required include, but are not limited, to:
New Hanover County Erosion Control & Grading Permit
New Hanover County Stormwater Permit
New Hanover County Building Permits
New Hanover County Floodplain Development Permit – NCORR has on file
NCDEQ NPDES Construction Stormwater Permit (NCG010000)
NCDEQ – DWR Wastewater Collection System (Sanitary Sewer Permit)
NCDEQ – DWR Watermain Extension (Water System Permit)
NCDEQ CWA 401 Water Quality Certification– NCORR has on file
US Army Corp of Engineers Nationwide Permit 18 – NCORR has on file
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Please immediately stop work and notify NCORR and the Catawba Indian Nation if Native
American artifacts and / or human remains are located during the ground disturbance phase of this
project.
The USFWS requires that if the project activities (tree cutting, land disturbance) are not completed
by September 29, 2022, then the information required must be updated and resubmitted in the
IPaC. The NC Natural Heritage Program requires that if the project activities (tree cutting, land
disturbance) are not completed by January 21, 2023, then the information required must be updated
and resubmitted in the Element Occurrences database query.
This letter has been amended and restated to correct scrivener’s errors and remains effective as of
June 14, 2022. This letter may be relied upon by Estrella Landing Apartments, LLC and its
developer, partners and affiliates on condition that the project information submitted for the
environmental review record was complete and accurate.
If you have any questions or require additional information, please feel free to contact Andrea
Gievers at (845) 682-1700 or via email at Andrea.L.Gievers@Rebuild.NC.gov. Thank you for
your time and assistance.
Sincerely,
Andrea Gievers, JD, MSEL, ERM
NCORR Environmental Subject Matter Expert
CC: Tracey Colores, NCORR Community Development Director,
Tracey.Colores@ncdps.gov
Michele Wiggins, NCORR Housing Opportunities Manager,
Tammy.Wiggins@ncdps.gov
Tara Hall, NCHFA Manager of Rental Development,
tshall@nchfa.com
Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01553 County: New Hanover U.S.G.S. Quad: NC-Scotts Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Terroir Development LLC.
Stephanie Norris
Address: P.O. Box 15025
Wilmington, NC 28405
E-mail: snorris@norcomanagement.com
Size (acres) 5.71 Nearest Town Wilmington
Nearest Waterway Smith Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.278377
Longitude: -77.864734
Location description: The site is located just to the west of the intersection of Rosebay Terrace and Shaw Drive just to the south
of the Hawthorne at Smith Creek near Gordon Road in Wilmington.
Description of projects area and activity: This verification authorizes the permanent fill of 0.02 of an acre of open water
tributary for building and parking construction, 0.075 of an acre of permanent wetland fill for building 100, associated
parking and stormwater facility, and 0.025 of an acre of temporary wetland fill for a sewer line installation.
Applicable Law(s): ܈Section 404 (Clean Water Act, 33 USC 1344)
܆Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide 18
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Special Condition: SEWER LINE INSTALLATION: Material resulting from trench excavation may be temporarily sidecast into
waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by
currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days,
where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The
trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive
gravel layers, creating a french drain effect).
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 4/5/2022, and the enclosed plans sheet 1, 3, and 5 of 11 sealed by Stroud
Engineering 3/25/2022. 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 and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
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 and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general 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 Brad Shaver at 910-251-4611or brad.e.shaver@usace.army.mil.
Corps Regulatory Official: _____________________________________________________Date: 5/31/2022
Expiration Date of Verification: 03/14/2026
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 the Customer Satisfaction Survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copy furnished(electronic):
Davey Group attn: Kim Williams
Charles Clay Trust attn: kbeatty09@att.net
NCDEQ-DWR attn: Holley Snider
Brad Shaver
Digitally signed by Brad
Shaver
Date: 2022.05.31
12:49:06 -04'00'
Action ID Number: SAW-2021-01553 County: New Hanover
Permittee: Terroir Development LLC., Stephanie Norris
Project Name: Estrella Landing
Date Verification Issued: 5/31/2022
Project Manager: Brad Shaver
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: Brad Shaver
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
brad.e.shaver@usace.army.mil
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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
May 23, 2022
DWR # 20220538
New Hanover County
Terroir Development, LCC
Attn: Stephanie Norris
P.O. Box 15025
Wilmington, NC28408
Subject: Approval of Individual 401 Water Quality Certification
Estrella Landing Apartments
USACE Action ID. No. SAW-2021-01553
Dear Mrs. Norris:
Attached hereto is a copy of Certification No. WQC004893 issued to Stephanie Norris and Terroir
Development, LLC, dated May 23, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 2 of 15
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Morella Sanchez-King
Regional Operations Supervisor
Electronic cc: Kim Williams, Davey Resource Group
Brad Shaver, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 3 of 15
Filename: 20220538_Estrell Landing_IWQC_NHCo_May.22.docx
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 4 of 15
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004893 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Stephanie Norris and Terroir Development, LLC, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on April 5, 2022, and by Public Notice issued by the Division on April 6, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
404/401 Wetlands Project narrative
Site Fill 0.075 acres 0.025 acres and sheets
Open Waters 1, 3, 5, and C2.0
Ditch Fill 0.02 acres) N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. If this Water Quality Certification is used to access residential, commercial or industrial building
sites, then all parcels owned by the permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. For road construction purposes, this Certification shall only be utilized from natural high ground
to natural high ground.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 5 of 15
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC
02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian
Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of
recording of the property or individual parcels, whichever is appropriate.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
4. If this Water Quality Certification is used for utility related impacts, then the following Activity
Specific Conditions shall apply to those impacts.
a. All sewer lines shall be designed, constructed and maintained in accordance
with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or
Alternative Design Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife:
secondary contact recreation: agriculture); and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis.
5. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 6 of 15
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
6. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a near-perpendicular direction (i.e., between 75 degrees and 105 degrees
to the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
7. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
8. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide except at
manhole locations.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
9. For all utility lines constructed within wetlands, an anti-seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until
the utility exits the wetland. Anti-seep collars may be constructed with class B concrete,
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 7 of 15
compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and
perpendicular wetland crossings that are open cut and less than 150 feet long do not require
anti-seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less.
A section and plan view diagram is attached for the anti-seep collars.
The following specifications shall apply to class B concrete:
i.Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii.Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii.Maximum water-cement ratio gallons per sack 6.8
iv.Slump range 2" to 4"
v.Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
10. The permittee shall have a specific plan for restoring wetland contours to pre-construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize
impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from
subsoils and will be backfilled into the trench only after the subsoils have been placed and
compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
11. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 8 of 15
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
12. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
13. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 9 of 15
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
14. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
15. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 10 of 15
16. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
17. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72” in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 11 of 15
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
18. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
19. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 12 of 15
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
20. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
21. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
22. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip-rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip-rap or other approved materials
shall not result in de-stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 13 of 15
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
23. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
24. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
25. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 14 of 15
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
26. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
27. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
28. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Terroir Development, LLC
DWR# 20220538
Individual Certification #WQC004893
Page 15 of 15
This, the 23rd day of May 2022
Morella Sanchez-King
Regional Operations Supervisor
MSK/hs
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429
04-11-03 COURIER
Telephone: 910-398-9100 Customer Service: 1-877-368-4968
Website: ncdot.gov
Location: 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429
July 26, 2022
Stephanie Norris Estrella Landing Apartments, LLC P.O. Box 15025 Wilmington, NC. 28408
Subject: Permit D-065-22-00061 for the driveway access for 4615 Gordon Road located on (SR 2048) in New Hanover County.
Dear applicant:
Your request for the subject development access has been approved per the attached plans dated 7/22/22 (sealed by David Luke Menius P.E. of Stroud Engineering, P.A.) and is subject to the following conditions and the attached Driveway Permits Standard Conditions.
•This approval is for an existing driveway connection for 84 proposed apartment units, the drivewaycurrently allows left and right turns in but is right out only. (See attached approved driveway permit D-065-16-010 R1 for Gordon Road Buy Quick)
•This development is located within TIP U-6202. With that in mind, any accesses that conflict with theplanned transportation infrastructure may be modified and/or removed and there shall not be anycompensation made by NCDOT. The current TIP U-6202 is proposed as divided facility. Therefore, thepermitted accesses will be restricted as right-in/right-out only in the future.
•The applicant/property owner of the facility shall be responsible to perform routine maintenance of thedriveway (s) to ensure all applicable concrete median islands, traffic signs and pavement markings andreflectors remain in compliance as permitted.
•No obstructions shall be allowed in the location of the future right of way (10 ft X 70 ft) sight triangles.
•No vehicles shall be parked within the NCDOT right of way at any time.
•This permit does not provide approval for any construction outside of NCDOT right-of-way. Anyconstruction planned or proposed outside NCDOT right-of-way shall require the developer to obtainconcurrence and/or right-of-way from subject property owner and/or local government.
•This driveway is considered a commercial type of driveway and so, shall be maintained by the propertyowner/developer/HOA/POA in accordance with NCDOT policy.
•Any additional future proposed development and/or redevelopment of this parcel/property shall requirea revised driveway permit with NCDOT. Interconnectivity between adjoining properties isrecommended by NCDOT.
•The terms and conditions of this permit shall be incorporated into any lease or sales agreement and alllots (outparcels), including all remaining undeveloped tracts within the subject development, shall beserved internally.
Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429
04-11-03 COURIER
Telephone: 910-398-9100 Customer Service: 1-877-368-4968
Website: ncdot.gov
Location: 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429
•The developer is responsible for obtaining any and all permits and approvals necessary for thedevelopment of this project prior to commencement of any construction activities within the NCDOTright-of-way.
•This driveway permit does not include any utility connections or approvals within the Right-of-Way. Suchapprovals are handled through a separate Encroachment Agreement.
•All improvements, i.e. roadway pavement widening, traffic control, pavement markings, etc., shall beconstructed in accordance the 2018 NCDOT Standard Specifications for Roads and Structures and the2018 NCDOT Roadway Standard Drawings.
•Time Restriction – Night Work Only: No lane closures shall be allowed between 6:00am and7:00pm and NO weekend lane closures. (HOURS SUBJECT TO CHANGE DUE TO TRAFFICCONDITIONS)
•No lane closures shall be allowed on State holidays and local events.
•For Pre-construction meeting, the Encroaching party or their contractor shall provide Three (3)business days advance notice prior to construction activity within the NCDOT Right of Way,contact Randy E. Chavis at (910) 398-9115 or email to rechavis1@ncdot.gov to conduct thismeeting.
Sincerely,
Benjamin T. Hughes, P.E. District Engineer
BTH/jr/rec
ec: Kathy Stephens, New Hanover County Maintenance Engineer, NCDOT Ron Meredith, Planner, New Hanover County Christine Bouffard, Zoning Compliance Official, New Hanover County Jessi Leonard, P.E. Division Traffic Engineer, NCDOT
for
• This approval is for an existing driveway connection for 84 proposed apartment units, the driveway currently allows
left and right turns in but is right out only. (See attached approved driveway permit D-065-16-010 R1 for Gordon
Road Buy Quick)
• This development is located within TIP U-6202. With that in mind, any accesses that conflict with the planned
transportation infrastructure may be modified and/or removed and there shall not be any compensation made by
NCDOT. The current TIP U-6202 is proposed as divided facility. Therefore, the permitted accesses will be
restricted as right-in/right-out only in the future.
• The applicant/property owner of the facility shall be responsible to perform routine maintenance of the driveway (s)
to ensure all applicable concrete median islands, traffic signs and pavement markings and reflectors remain in
compliance as permitted.
• No obstructions shall be allowed in the location of the future right of way (10 ft X 70 ft) sight triangles.
for Benjamin T. Hughes, P.E. 07/26/2022