20120727 Ver 2_USACE Comments_20121113

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
November 8, 2012
Regulatory Division
Action ID SAW -2012 -00771
Mr. Claude Clark
Bojangles' Restaurants, Inc.
9432 Southern Pine Boulevard
Charlotte, North Carolina 28273
Dear Mr. Clark:
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Please reference your Individual Permit application for Department of the Army (DA)
authorization to construct a Bojangles' commercial restaurant located on the southwest corner of
the intersection of US Highway 301 and Dawn Drive in Lumberton, Robeson County, North
Carolina, involving the permanent loss of 0.49 acre wetlands.
On February 6, 1990, the Department of the Army (DA) and the U.S. Environmental
Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with Clean Water Act (CWA)
Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and
wetlands through the selection of the least damaging, practical alternative; second, taking
appropriate and practical steps to reduce impacts on waters and wetlands; and finally,
compensation for remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application, in compliance with the MOA, we request that you provide
the following additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please
furnish information regarding any other alternatives, including upland alternatives, to the
work for which you have applied and provide justification that your selected plan is the
least damaging to water or wetland areas.
1) Specifically, please add to the alternatives analysis provided in your Individual
Permit application received October 15, 2012 to further explore a no permit
alternative, including avoiding all Waters of the U.S. subject to CWA Section 404
jurisdiction, as well as a no build alternative.

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2) Regarding construction of the proposed project within a flood zone, please submit
information regarding the flood zone authority in this area, whether federal, state
or local, as well as a document from that authority expressly authorizing
construction within the flood zone (i.e. Elevation Certificate).
b. It is necessary for you to have taken all appropriate and practicable steps to minimize losses of
Waters of the U.S., including wetlands. Please indicate all that you have done, especially
regarding development and modification of plans and proposed construction techniques, to
minimize adverse impacts.
The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after the applicant has employed all appropriate
and practicable minimization. Please indicate your plan to mitigate for the projected,
unavoidable loss of waters or wetlands or provide information as to the absence of any
such appropriate and practicable measures.
The aforementioned, requested information is essential to the expeditious processing of your
application; please forwarded this information to us within two (2) weeks of your receipt of this
letter. In addition, you should be aware that State and Federal commenting agencies might
recommend design modifications.
If you have any questions regarding these matters, please contact me at (910) 251 -4469 or
David.E.Bailey2nusace.army.mil.
Sincerely,
David E. Bailey, Regulatory Specialist
Wilmington Regulatory Field Office
Copies Furnished:
Mr. James C. Bevers
ECS Carolinas, LLP
726 Ramsey Road, Suite 3
Fayetteville, North Carolina 28301

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Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division/Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Ms. Karen Higgins
401 Oversight/Express Review Permitting Unit
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604