20120727 Ver 3_USACE Comments_20140221

Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
February 14, 2014
ZO 12- -0 727
Ft�� 1 2014
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Subject: Action ID: SAW -2012- 00771, Bojangles' Restaurants, Inc., Robeson County, North
Carolina
Mr. Claude Clark
Bojangles' Restaurants, Inc.
9432 Southern Pine Boulevard
Charlotte, North Carolina 28273
Dear Mr. Clark:
I am responding to your agent's, Primax Construction, Inc., request dated December 16,
2013 (received December 17, 2013) for modifications to the existing Department of the Army
(DA) permit issued for the above referenced project on February 20, 2013. According to the
current request, the modification is necessary to properly and safely backfill the retaining walls
on site. Specifically, the request is to impact an additional 0.058 acre of riparian, non - riverine
wetlands associated with backfilling the footings of the retaining wall a minimum of 12 vertical
inches, with a maximum horizontal slope of 10:1. Notably, this is an after- the -fact request, and is
intended to resolve a permit non - compliance action taken by the U.S. Army Corps of Engineers,
Wilmington District, Wilmington Regulatory Field Office dated September 16, 2013.
We have determined that the proposed changes are minor and not contrary to the public
interest, and that a supplemental public notice is not necessary. Accordingly, the DA permit is
hereby modified.
The permit modifications are as follows:
1. All work authorized by this permit must be performed in strict compliance with
the workplAns, as depicted in the "Bojangles, Project # BOX1201, Partial As -built
Survey" map, sent with the supplemental application package dated December 16,
2013 (received December 17, 2013), which are a part of this permit.
2. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of
the attached Compensatory Mitigation Responsibility Transfer Form. The
requirements of this form, including any special conditions listed on this form, are
hereby incorporated as special conditions of this permit authorization.
Printed on ® Recyded Paper

1WR
It is understood that all terms and conditions of the original permit remain applicable, with
specific exception above, and that the expiration date is unchanged Additionally, no further
enforcement action will be taken on the 0 058 -acre fill contingent upon full compliance with the
terms and conditions of the DA permit and this modification.
Should you have any questions, please contact Mr. David E. Bailey, Raleigh Regulatory
Field Office, at David E.Bailev2@usace army.mil or telephone [phone], ext. 30.
Sincerely,
/4'16 -
Steven A. Baker
Colonel, U.S. Army
District Commander
Enclosures
Copies Furnished with enclosures
Ms. Marie McLucas
Thormour, LLC
1100 East Morehead Street
Charlotte, North Carolina 28204
Mr Tracy Miller
Primax Construction, Inc.
Post Office Box 3229
Pinehurst, North Carolina 28374
Copies Furnished without enclosures
IM, r sa ken _ iiggins
401 Oversight/Express Review Permitting Unit
Division of Water Resources
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604

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-3-
Mr. Chad Turlington
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
225 Green Street, Suite 714,
Fayetteville, North Carolina 28301 -5043
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr Todd Bowers
Wetlands Regulatory Section
U.S. Environmental Protection Agency - Region IV
61 Forsyth Street
Atlanta, Georgia 30303
Ms. Renee Gledhill -Early
North Carolina Department of Cultural Resources
4617 Mail Service Center
Raleigh, North Carolina 27699