20120727 Ver 1_EEP Receipt_20120306

I
� nstem
t � xrr� .
PROGRAM
j September 11,2012
i Claude Clark
Bojangles,Inc.
9432 Southern Pine Blvd.
I Charlotte,NC 28273 Expiration of Acceptance:March 11,2013
j Project:Bojangles Lumberton County: Robeson
i
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program(NCEEP)is willing to accept
i pm'P fY Y Y g � ) � g p
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved. You must also comply with all other state,federal or local government permits regulations or authorizations associated
with the proposed activity including SL 2009-337:An Act to Promote the Use of Compensatory Mitigation Banks as amended by
r
S:L.2011-343.
4
t
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
! issued 404 Permit/401 Certification/LAMA permit within this time frame,this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s)an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
i
Based on the information supplied by you in your request to use the NCEEP,the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation xequired.for this impagt is determined by permitting agencies,
River CU Stream(feet) Wetlands(acres) Buffer I Buffer 11
Basin Location (Sq.Ft.) (Sq.Ft.)
Cold C001 Warm Ri arian Non-Ri arian Coastal Marsh
Impact _Lumber —0J0402d33-T - - 0`— 6— T�- — ——�----_ l Marsh
Uponxedeipt of paymg4t, compematQry. Wgationtas specified athe_pe �it(�). The
mitigation will be performed in accordance with the N.C.Department of Environment and Natural Resources'Ecosystem
Enhancement Program In-Lieu Fee Instrument dated July 28,2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information,please contact Kelly Williams at
[phone].
i
Su nne li ek I
cting Di ector
cc: Karen Higgins,NCDWQ Wetlands/401 Unit
David Bailey,USACE-Wilmington
James Bevers/Denise Neas,agent
File
6
f
t�P.Stav •.• F ..• Protect' -our - _ l., _
MIEWIR
i
r North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net
i

Enastem
PROGRAM
RECEIPT
March 6,2013
Mr Claude Clark
BoJangles'Restaurants,Inc
9432 Southern Pine Blvd
Charlotte,NC 28273
Project: BoJangles'Lumberton
County: Robeson
DWQ#: 12-0727
COE#: 2012-00771
EEP#: 20823
Amount Paid: $37,859 00
Check Number. 557153
The North Carolina Ecosystem Enhancement Program(NCEEP)has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s)issued for the above
referenced project This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated
with the authorized activity as specified below have been satisfied You must also comply with all other conditions of this
certification and any other state,federal or local government permits or authorization associated with this activity including SL 2009-
337,An Act to Promote the Use of Compensatory Mitigation Banks,as amended by S L 2011-343
The NCEEP,by acceptance of this payment,acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the
permit Mitigation responsibility assigned to the NCEEP is nontransferable The mitigation will be performed in accordance with the
N C Department of Environment and Natural Resources'Ecosystem Enhancement Program In-Lieu Fee Instrument dated July 28,
2010
River Basin Stream Credits Wetland Credits Buffer I&II
HUC (linear feet) (acres) (Sq Ft)
Cold Cool Warm Ri arian on-Riparian Coastal Marsh
Lumber 0 0 0 0 85 0 0 0
03040203
Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted in
accordance with EEP's refund policy at www nceep net If you have any questions or need additional information,please contact
Kelly Williams at(919)707-8915
Sincerely,
Suzanne Klimek
Acting Director
cc Karen Higgins,NCDWQ Wetlands/401 Unit
David Bailey,USACE-Wilmington,Tyler Crumbley,USACE-Raleigh
James Bevers,Denise Neas,agent
File
RmtDY .. E .. Prot 0"ft� ©�A
• NCUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-707-8976/www nceep net

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Miti>;ation Responsibility Transfer Form
Permittee:Onslow Development Grout),LLC Action ID:SAW-2012-00771
Project Name:Boiangles'Restaurants County:Robeson
Instructions to Permittee:The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program(NCEEP),who will then sign the form to verify g ) 13 the
transfer of the mitigation responsibility. Once the Sponsor has signed this,form, it is the Permittee's responsibility to
ensure that to the U.S Army Corps of Engineers(USACE)Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below if more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code(HUC), multiple forms will be attached to the permit,and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee Once the form is signed,the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/In-Lieu Fee Program
Manager The Sponsor must also comply with all reporting requirements established in their authorizing instrument
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin-03040203,Lumber River Basin
Stream Impacts(linear feet) Wetland impacts(acres)
Warm Cool Cold Riparian Riparian Non-Riparian Coastal
Riverine Non-nvenne
049
*If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor
Compensatory Mitigation Requirements- 8-digit HUC and Basin:03040203,Lumber River Basin
Stream Mitigation(credits) Wetland Mitigation(credits)
Warm Cool Cold Riparian Riparian Non-Riparian Coastal
Riverine Non-riverine
085
Mitigation Site Debited NCEEP
(List the name of the bank to be debited For umbrella banks,also list the specific site For NCEEP, list NCEEP If the NCEEP
acceptance letter identifies a specific site,also list the specific site to be debited)
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance 1, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document(see the table above),associated with the USACE Permittee and Action
ID number shown I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements
Mitigation Sponsor Name, _wel�p
Name of Sp sor's Authoruo A Re esentative:O hil-N I �/� t1'0_ �--S
-r4C13
Sign pon 's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 18 September, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form,though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein For authorized impacts conducted by
the North Carolina Department of Transportation(NCDOT), construction within jurisdictional areas may proceed upon
permit Issuance,however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance NCOOT remains fully responsible for the mitigation until the USACE has received this form,confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager(address below)is provided with a signed copy of this form
• If changes are proposed to the type,amount,or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT) If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and Included in the USACE administrative records for both
the permit and the Bank/ILF Instrument
Comments/Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager For questions regarding this
form or any of the conditions of the permit authorization,contact the Project Manager at the address below
USACE Project Manager: David Bailey
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington,NC 28403
Email David E.Bailev2gusace army mil
February 4,2013
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings)is
available at htto//ribits usace army mil
Page 2 of 2
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 our website at htto//r"ulatory usacesurvev com,to complete the survey online