20120727 Ver 1_Application Returned_20120830

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Dee Freeman
Governor Director Secretary
August 30, 2012
DWQ Project # 12 -0727
Robeson County
CERTIFIED MAIL: 7009 3410 0001 6831 7280
RETURN RECEIPT REQUESTED
Bojangles Restaurants, Inc.
Attn: Claude Clark
9432 Southern Pine Boulevard
Charlotte, NC 28273
Subject Property: Proposed Bojangles Restaurant
UT to Saddletree Swamp [14 -12 C; Sw]
RETURN OF APPLICATION
Dear Mr. Clark:
On July 30 2012, the Division of Water Quality (DWQ) received your application dated July 26, 2012, to
fill or otherwise impact 0.49 acres of 404 /wetland, to construct the proposed Bojangles Restaurant at the
site off of Dawn Drive, Lumberton, NC. The Corps of Engineers has notified DWQ that they have
determined that your project, as proposed, does not meet the conditions of Nationwide Permit 39 and thus
they cannot verify the use of the Nationwide Permit 39. Therefore, DWQ cannot process your application
for General Water Quality Certification 3890 (GC 3890) as submitted.
For this reason your permit application is hereby considered returned. Once you have redesigned your
project to address the problems and inadequacies with your application as it was submitted, you will need to
reapply for DWQ approval. This includes submitting a complete application package with the appropriate
fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General Statutes and
Administrative Code. Please call Ms. Karen Higgins at 919- 807 -6300 or Chad Turlington at (910)433-
3320 if you have any questions or concerns.
Sincerely,
Belinda Henson
Regional Supervisor
Surface Water Protection Section
225 Green St, Ste. 714
Fayetteville, North Carolina 28301
Phone [phone] FAX . 910A86 -07071 Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterguality.org
An Equal Opportunity 1, Affirmative Action Employer
NorthCarofina
Naturally

Bojangles Resaurant
Page 2 of 2
August 30, 2012
cc: David Bailey - USACE
FRO file copy
Sonny Oliver — Sonny Oliver Realty Company 9020 NC Highway 72 E., Lumberton, NC 28358
David Goode, 3300 Sharon Rd., Charlotte, NC 28211
Karen Higgins - Wetlands, Buffers and Stormwater Compliance and Permitting Unit
James C. Bevers — ECS Carolinas, LLP — 726 Ramsey St., Suite 3 Fayetteville, NC 28301