20120727 Ver 2_Approval Letter_20121207

A 4
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Bojangles' Restaurants, Inc.
Attn: Claude Clark
9432 Southern Pine Boulevard
Charlotte, NC 28273
Division of Water Quality
Charles Wakild, P E.
Director
December 7, 2012
Subject: APPROVAL of 401 Water Quality Certification
Proposed Bojangles' Restaurant
USACE Action ID No. SAW- 2012 -00771
Dear Mr. Clark:
Dee Freeman
Secretary
DWQ #: 2012 -0727 v2
County: Robeson
Attached hereto is a copy of Certification No. 3946 issued to Bojangles' Restaurants, Inc., dated
December 7, 2012. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) NPDES Stormwater Permit
(including NCG020000) Solid Waste, Sediment and Erosion Control, Dam Safety, Non - discharge
and Water Supply Watershed regulations.
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
http: / /www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: [phone] FAX: 919 - 807.6494
Internet: http : /Iportal.ncdenr.org/web/wgANs
An Equal opportunity 1 Affirmative Action Employer

Bojangles' Restaurants, Inc.
Page 2 of 7
December 7, 2012
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
David Bailey, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Chad Turlington, DWCI,, Fayetteville Regional Office
James C. Bevers, ECS Carolinas, LLP, 726 Ramsey St., Suite 3, Fayetteville, NC 28301
File Copy
Filename: 120727v2ProposedBojanglesRestaurant (Robeson)401— IC— MOD.docx

Bojangles' Restaurants, Inc.
Page 3 of 7
December 7, 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 02H .0500, to Bojangles' Restaurants, Inc., who have authorization
to place fill within or otherwise permanently impact 0.49 acres of wetlands, as described within
your application received by the N.C. Division of Water Quality (Division) on October 15, 2012,
and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on
October 22, 2012.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted
in accordance with the application, the supporting documentation, and conditions hereinafter
set forth.
This approval is for the purpose and design that you described in your application and as
described in the Public Notice. If you change your project, you must notify us and you may be
required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in
their name. If total fills for this project (now or in the future) exceed one acre of wetland or
150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
02H .0506 (h). This approval requires you to follow the conditions listed in the certification
below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and /or buffers, are approved including incidental impacts:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Wetland
10.49 (acres)
I Application and Public Notice
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404 /401Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.

Bojangles' Restaurants, Inc.
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December 7, 2012
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted
in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks, adjacent
to or upstream and downstream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources (DLR) or locally delegated program has released the
specific area within the project.
5. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at
http: / /Portal.ncdenr.org /web /wq /ws /su /npdessw #tab -w.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.

Bojangles' Restaurants, Inc.
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December 7, 2012
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post - larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from
the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
8. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Stormwater Management Plan (SMP) for Future Phase(s)
You are required to provide one copy of the approved SMP, including plan details showing
every stormwater inlet, outlet and conveyance as well as details of the StormCeptor system
on full -sized plan sheets. The approved SMP must be submitted to the DWQ Webscape
Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before the approved impacts may
occur. The following requirements also apply:
• The approved SMP for must be constructed and operational before any permanent
building or other structure is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the Town of
Lumberton. A copy of the approval letter and the modified SMP must be submitted to
the DWQ Webscape Unit prior to the commencement of the modifications.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.

Bojangles' Restaurants, Inc.
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December 7, 2012
11. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities
12. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed notification
can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting
Unit web site at:
http:Hporta1.ncdenr.org/ web /wq /swp /ws/ 401 /certsandPermits /apply /forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
13. Re- opener Clause
Bojangles' Restaurants, Inc., and its authorized agents shall conduct its activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Bojangles' Restaurants, Inc., shall require its
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. If the Division determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 02H
.0507(d). Before modifying the certification, the Division shall notify Bojangles' Restaurants,
Inc. and the U.S. Army Corps of Engineers and provide public notice in accordance with 15A
NCAC 02H .0503. Any new or revised conditions shall be provided in writing to Bojangles'
Restaurants, Inc., shall be provided to the U.S. Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
14. Certificate of Completion
The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandperiiiits /apply /forms).
15. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours

Bojangles' Restaurants, Inc.
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December 7, 2012
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 or CAMA Permit.
This the 7th day of December 2012
DIVISION OF WATER QUALITY
harles Wakild, P.E.
3946
CW /kah