20120727 Ver 2_EPA Comments_20121126

Strickland, Bev
From: Higgins, Karen
Sent: Monday, November 26, 2012 10:26 AM
To: Turlington, Chad; Strickland, Bev
Subject: FW:
Attachments: SAW- 2012 -00771 Bojangles.PDF
Chad- FYI
Bev — for project # 12 -0727 v2
Thanks!
Karen Higgins
Supervisor, Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Garnett.Jeffrey a epamail.epa.go [mai Ito: Garnett.Jeffrey a epamail.epa.aov]
Sent: Wednesday, November 21, 2012 3:36 PM
To: Bailey, David E SAW
Cc: pete— benjamin @; Higgins, Karen
Subject:
Mr. Bailey,
Please find attached a letter from the EPA concerning the proposal from Bojangles' Restaurants Inc. to construct a new
restaurant in Lumberton, NC (SAW- 2012 - 00771). A hard copy is being mailed to you, as well. Please feel free to contact
me with any questions. Thank you.
(See attached file: SAW -2012 -00771 Bojangles.PDF)
Jeffrey Garnett
ORISE Fellow
US EPA Region 4
61 Forsyth Street
Atlanta, GA 30303
Wetlands and Marine Regulatory Section
404.562.9314

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
S
�r W REGION 4
z ATLANTA FEDERAL CENTER
F � 61 FORSYTH STREET
PRO, ATLANTA, GEORGIA 30303 -8960
Mr. David E. Bailey
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Subject: Bojangles' Restaurants Inc.
Action ID SAW- 2012 -00771
Robeson County, North Carolina
Mr. Bailey:
The U.S. Environmental Protection Agency has reviewed the Public Notice (PN) for the construction of
a Bojangles' commercial restaurant in Lumberton, Robeson County, North Carolina. As currently
proposed, the restaurant and associated infrastructure will impact 0.49 acres of jurisdictional wetlands.
This letter summarizes the EPA's position on this project, concentrating specifically on the Section 404
(b)(1) Guidelines (Guidelines) and the regulations at 40 CFR Part 230. The purpose of the Guidelines is
to restore and maintain the chemical, physical, and biological integrity of waters of the United States.
These goals are achieved, in part, by prohibiting discharges of dredged or fill material that would result
in avoidable or significant adverse impacts on the aquatic environment. The burden to demonstrate
compliance with the Guidelines rests with the permit applicant.
Section 230.10(a) of the Guidelines states that no discharge of dredged or fill material shall be permitted
if there exists a practicable alternative to the proposed discharge which would have less adverse impact
on the aquatic ecosystem. Furthermore, if the activity associated with a discharge into a special aquatic
site is not water dependent, practicable alternatives that do not involve special aquatic sites (i.e.
wetlands) are presumed to be available, unless clearly demonstrated otherwise. The applicant proposes
74 parking spaces at the restaurant, most of which are located within a jurisdictional wetland. The EPA
questions the need for 74 parking spaces, especially since the facility will be outfitted with a drive -thru
lane to serve customers. The Lumberton, NC Code of Ordinances states that an appropriate number of
parking spaces for a restaurant is 1 space per 100 square feet of gross floor area. The applicant proposes
to construct a 3,808 square foot building. As such, only 38 parking spaces are appropriate for this
establishment. Therefore, the EPA believes an alternative exists that reduces the number of parking
space which avoids or reduces wetland impacts. At the very least, the northernmost row of spaces in the
current proposal could be removed to reduce wetland impact. Furthermore, we believe that the
placement of a parking lot within a wetland is inappropriate, especially since storm water will most
likely drain from the lot and into the wetland. The EPA requests the applicant clearly demonstrate the
need for 74 parking spaces and provide additional alternatives that eliminate or reduce the number
parking spaces within wetlands.
Intemet Address (URL) • http: / /www.epa.gov
Recycled/Recyclable . Printed with vegetable oil Based Inks on Recycled Paper (Minimum 30% Posiconsumer)

The quality and level of function of these headwater wetlands is unclear to the EPA. We request that a
North Carolina Wetland Assessment Method (NCWAM) analysis be conducted on these wetlands in
order to determine what level of function they provide.
According to Section 230.1(d) of the Guidelines, degradation or destruction of special aquatic sites, such
as filling operations in wetlands, is considered to be among the most severe environmental impacts,
which may represent an irreversible loss of valuable aquatic resources and functions. Headwater
wetlands effectively reduce the amount of pollutants entering downstream waters and even function
more efficiently as nutrient sinks in urban environments (Savage and Baker 2007). Headwater wetlands
also provide important habitat and refuge for amphibians as these habitats are usually devoid of
predatory fish (Davic and Welsh 2004). Because headwater wetlands provide such valuable ecosystem
services, the applicant needs to better demonstrate that the filling of 0.49 acres of headwater wetlands
for a new restaurant is justified given the potential for irreversible impacts to waters of the U.S.
The EPA appreciates the opportunity to review and comment on this project. Should you have questions,
please feel free to coordinate with Jeffrey Garnett (404.562.9314; arnett.jeffrey(& epa.gov)of my staff.
Sincerely,
Tony Able
Chief
Wetlands Regulatory Section
cc: Pete Benjamin, USFWS
Karen Higgins, NCDWQ
Resources:
City of Lumberton, North Carolina Code of Ordinances:
http: // library. municode .com /index.aspx ?clientld =14291
Davie RD and HH Welsh Jr. 2004. On the ecological role of salamanders. Annual Review of Ecology,
Evolution, and Systematics: 34, pp. 405 -434
Savage R and V Baker. 2007. The Importance of Headwater Wetlands and Water Quality in North
Carolina. EPA. Last modified September 17, 2007.
http: / /water. epa. gov /type/ wetlands / assessment / survey /upload/ 2007 _09_17_wetlands_survey_Rick_S ava
ge_NWMAWG KansasCity.pdf