20120727 Ver 3_Approval Letter_20140210

1 '
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
February 10, 2014
Thormour, LLC
Attn: Marie McLucas, CFO
1100 East Morehead Street
Charlotte, NC 28204
John E. Skvarla, III
Secretary
DWR # 12 -0727 V3
Robeson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Bojangles' Restaurant
USACE Action ID. No. SAW- 2012 -00771
Dear Ms. McLucas:
Attached hereto is a copy of Certification No. 3946 issued to Marie McLucas and Thormour,
LLC; dated February .10, 2014. This certification replaces the previous certification issued
on December 7, 2012. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not
limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute i50B by filling a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
f 4,31-3000
OAH ! ierk t s 0irice at (9 19) for inforrnation. A. petition is considered filed when the
original and one (i) copy along with any applicable OAH tiling fee is received in the OAH during
normal office hours (Monday '["rough Friday between 8:00am and 5:00pm, excluding official
state holidays).
401 & Buffer Permitting Unit �7One
1650 Mail SeRlice Center, Raleigh, North Carolina 27699 -1650 1_� ofthCarofina
Location 512 14. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: [phone] \ Customer Service 1 -877 - 623 F748
Internet. www ncwaterquality.org

Thormour, LLC
DWR# 12 -0727 V3
Individual Certification #3946
Page 2 of 7
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, 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.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Turlington at 910 -433 -3320 or
chad.turlington @ncdenr gov or Jennifer Burdette at 919 - 807 -6364 or
iennifer.burdette @ ncdenr.gov if you have any questions or concerns.
Sincerely,
�1� O-N�
Karen Higgins, Supervisor
401 & Buffer Permitting Unlit
cc: USACE Wilmington Regulatory Field Office (via email)
F/r��Al �! rr Cry^ t' r Nunn e 11 Center, $ f } ra.._�ct c'VV t:a ( A 303
VUU I, VY�1 J, EPA, A, Sal l� IYUIin Federal eral ii�.n l.el, 61 Forsyth JII G; C.l .�11�, f�CIC1n�G, lit% ..I �%J��
Tracy Miller, F imax Construction, Inc., P 0 Box 3229, Pinehui -st, ivi, 2£5374
DWR FRO 401 files
DWR 401 & Buffer Permittina Unit
Filename: 120727v3BojanglesRestaurant (Robeson)401_IC_MOD2.docx

Thormour, LLC
DWR# 12 -0727 V3
Individual Certification #3946
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3946 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, to Marie McLucas and Thormour, 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 October 15, 2012 and subsequent information on January 23, 2014, and by Public
Notice issued by the U. S. Army Corps of Engineers and received by the Division on October 22,
2012.
The State of North Carolina certifies that this activity will not violate 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.
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)
Permanent
Amount Approved (units)
Temporary
Wetland
0.55 (acres)
0 (acres)
2. Stormwater Manaeement Plan
The SMP approved by the City of Lumberton on July 16, 2012 meets the requirements of
the 401 Certification Program. The SMP may not be modified without prior written
authorization from the City of Lumberton. A copy of the approval letter and the modified
SMP shall be submitted to tine DvvR 401 & Buffer Permitting Unit (1650 Mail Service Center,
Raleigh, NC 27€99 -16501 prior to the commencement of the modifications.
3. No waste; spoil, solids, or fili of any kind shall occur in wetlands, wafers: or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification for this
project. Al; 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.

Thormour, LLC
DWR# 12 -0727 V3
Individual Certification #3946
Page 4 of 7
4. Sediment and Erosion Control
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.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. 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 Energy, Mineral and Land Resources (DEMLR) or
locally deiegated program has released the specific area arithin the project.
7. Construction Stormwater Permit NCG010000
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 activitie's as stipuiutcd In the conditions of the permit. If your
project is covered by this per ;.it, full ;:ornplia, nce 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.

Thormour, LLC
DWR# 12 -0727 V3
Individual Certification #3946
Page 5 of 7
8. 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.
9. 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.
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 approved
maintenance areas) and restored to prevent erosion.
11. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
12. Any riprap 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 riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream} of the area.
13. Any riprap used for strearn stabilization shall be of a size and density to prevent it from being
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
exccept in s Jeciillic areas required for ve:o lty Control and to el'isure integrity of bank
stabilization Ii easures.
14. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.

Thormour, LLC
DWR# 12 -0727 V3
Individual Certification #3946
Page 6 of 7
15. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries 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 401 &Buffer Permitting Unit website
at http: / /portal.ncdenr.org/ web /wcl/swp /ws/ 401 /certsandpermits /apply /forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request.
16. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
17. Continuing Compliance
Marie McLucas and Thormour, LLC shall conduct construction 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 and Federal law. 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. Before modifying the Certification,
the Division shall notify Marie McLucas and Thormour, LLC and the U.S. Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Marie McLucas and Thormour, LLC in writing, 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.
18. This approval is for the purpose and design described in your application and as described in
Lhe PubliC [,got-ice. The plans and specificatiolis for `'his project are i icorporated by reference
and are an enforceable part of the 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 cony of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and rcquest the Certification be issued in their nan`e.
1.9. ?he applicant and /or authorized agent shall provide a cornpieted Certificate of (completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http jlportal.ncdenr.org/ web /wq/ swp /ws/ 401 /certsandpermits /apply/forms).
20. 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.

Thormour, LLC
DWR# 12 -0727 V3
Individual Certification #3946
Page 7 of 7
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. 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.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 10th day of February 2014
�03"u
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /jab
3946