19990513 Ver 1_COMPLETE FILE_19990506

State of North Carolina
'Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Donna D. Moffitt, Director
07/01/99
Mr. John R. Dorney
NC DENR
Division of Water Quality
P.O. Box 27687
Raleigh, NC 27611
REFERENCE: ACTID-99-1180
Applicant/Sponsor: Robert N. Needham
Fill .18 Acres Wetlands Weeping Radish
Dear Mr. Dorney:
County: Dare
Restaurant Parking
"F;Z
The attached U.S. Army Corps of Engineers Public Notice, dated
06124199 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 07121199.
Si cerely,
Ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
s ff ? v
P.O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled/ 10% Post-Consumer Paper
:W
RECEIVED
JUN 3 0 1999
DEPARTMENT OF THE ARMY COASTAL MANAGEMENT
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199911180 June 24, 1999
PUBLIC NOTICE
Mr. Robert N. Needham of Needham, Jernigan and Associates, Incorporated
9100 Charlestowne Road S.E., Winnabow, North Carolina, 28479, acting as agent for
Mr. Uli Bennewitz of Weeping Radish Partnership, Post Office Box 1471, Manteo,
North Carolina, 27954, has applied for a Department of the Army (DA) permit TO
PLACE EARTHEN FILL MATERIAL WITHIN 7,700 SQUARE FEET (0.18 AC) OF
JURISDICTIONAL WETLANDS TO FACILITATE THE EXPANSION OF AN EXISTING
PARKING AREA. The proposed expansion will be located off the east side of U.S. 64, directly
behind the Weeping Radish Restaurant, adjacent to Shallowbag Bay, in the Town of Manteo,
Dare County, North Carolina.
In 1995, the applicant utilized Nationwide Permit Number 18 (Action ID# 199404594) to
fill approximately 4,356 square feet of DA jurisdictional wetlands. The purpose of this fill was
to expand the existing parking lot. Plans submitted with this application show that the applicant
proposes to place additional clean, earthen fill material within 6,742 square feet of wetlands
immediately west of the existing parking lot, between the lot and an existing building. The
applicant further proposes to construct a retaining wall and place clean, earthen fill material
within 957 square feet of wetlands immediately east of the existing parking lot. The purpose
of this fill is to further expand the existing parking lot, in order to bring it in to compliance
with current town code. All fill material will be obtained from an approved upland site. Plans
showing the work are included with this public notice.
To compensate for these impacts, the applicant proposes to purchase wetland mitigation
credits from the Great Dismal Swamp Restoration Bank LLC (GDSRB), Timberlake Farms
Tract at a ratio of 4.5:1. The soils in the project area are mapped Hobonney Muck and the
dominant vegetation consists of loblloly pine (Pinus taeda), common reed (Phragmitis
australis), giant cane (Arundinaria gigantea), bitter gallberry (Ilex glabera), and cat brier
(Smilax glauca). The GDSRB, contains similar forested wetland types.
.d
-2-
The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and concurrence. This proposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General
Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA)
by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-Owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation control Plan by the Land Quality Section,
North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation
Pollution Control Act of 1973 (NC G.S. 113 a-50-66).
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment period specified in
the notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent

of cultural resource investigations by the District Engineer, and he is otherwise unaware
of the presence of such resources. Presently, unknown archeological, scientific, prehistorical,
or historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant in each particular case.
The benefits which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize a proposal,
and if so the conditions under which it will be allowed to occur, are therefore determined by the
outcome of the general balancing process. That decision should reflect the national concern for
both protection and utilization of important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values,
fish and wildlife values, flood hazards and flood plain values (in accordance with Executive
Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill materials in waters of the United States,
a permit will be denied if the discharge that would be authorized by such permit would not
comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted
unless the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps
of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
I,
-4-
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Water Quality plans to take final action in the issuance
of the Clean Water Act certification on or after July 12, 1999.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water
Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
July 9, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Tom Walker, Post Office Box 1000, Washington, North
Carolina, 27889, until 4:15 p.m., July 9, 1999, or telephone [phone], extension 24.
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT .
1. APPLICANT'S NAME: Weeping Radish Partnership
2. LOCATION OF PROJECT SITE: 525 South Virginia Dare Road (US 64/264), Manteo, Dare County,
adjacent to Shallowbag Bay
Photo Index - 1995: 182-1881 (P,Q - 17&18, R-17, S-17) 1989: 152-6 (Q-U 8)
1984: 141-1569 (M-R 10) 1978: 83-362 (J-M 15)
State Plane Coordinates - X: 2986650 Y: 798200 Manteo Quad (UR)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/07/99
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 04/19/99
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Manteo
Land Classification From LUP - Conservation, Developed
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Provided by town
Planned - N/A
(F) Type of Structures: Existing - Restaurant, brewery, shops, parldng area
Planned - Increase parking area, retaining wall
(G) Estimated Annual Rate:of Erosion: N/A
Source -
7. HABITAT DESCRIPTION:
[AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
8775 sq.ft.
(D) Total Area Disturbed: 8775 sq. ft. (0.2012 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to expand an existing parking area by constructing a
retaining wall, filling adjacent wetlands and paving the area.
Weeping Radish Partnership
Bio Report
Page Two
The applicant's property consists of a 4.73 acre tract, located at 525 South Virginia Dare
Road in the Town of Manteo, Roanoke Island, Dare County and adjacent to Shallowbag Bay.
The adjacent properties along the highway are the Christmas Shop, Island Art Gallery to the
south and Daniel's Restaurant to the north. A brewery, restaurant, gift shop and a paved
parking area have been constructed on the western portion of the applicant's property.
Although this area is mostly high ground (el. +4') there is a 7,500 sq. ft. area of open non-
coastal wetlands that separates the existing parking area from the gift shop building which is
constructed over additional non-coastal wetlands. The open wetlands are vegetated with Pinus
taeda with little understory. The majority of the property (2.8 acres) consists of a Juncus
roemerianus coastal marsh located on the eastern portion of the tract. The marsh is bordered
on the east by Shallowbag Bay, on the north and south by manmade canals and on the west by
the parking area. The southern canal changes to an unnavigable drainage ditch approximately
450 ft. east of the US 64/264 right of way, at the location of an existing culvert and is the
drainage source for most of the non-coastal wetland area. The culvert is located approximately
800 ft. from Shallowbag Bay. The northern canal terminates approximately 100 ft. from the
US 64/264 right of way. The existing parking area has an elevation of approximately 3 ft.
above the adjacent coastal marsh substrate and a narrow fringe non-coastal wetlands
approximately 5 ft. wide, exists between the marsh and the parking area. The waters of
Shallowbag Bay are classified as SC by the Division of Environmental Management.
In order to comply with a town ordinance regarding the required number of available
parking spaces, the applicant proposes to fill the 7,500 sq. ft. non-coastal wetland area located
between the gift shop building and the parking area as well as the wetland fringe located
between the parking area and the marsh. A 240 ft. long retaining wall is proposed to be
constructed along the marsh line to contain the proposed fill material. The area of fill adjacent
to the marsh is 1,275 sq. ft. resulting in a total fill area of 8,775 sq. ft. The application
indicates that the area of impervious surface will increase by 9,684 sq. ft. by the creation of
the parking area. The applicant also proposes to compensate the loss of wetlands by the
purchase of wetland mitigation credits from the Great Dismal Swamp Restoration Bank, LLC
(GDSRB) Timberlake Farm Tract, Tyrrell County. The applicant proposes a ratio of
mitigation for this project of 4.5:1.
The proposal development plan will result in a loss of 8,775 sq. ft. of non-coastal
wetlands. Approximately 900 sq. ft. of this area is located within the estuarine shoreline area
of environmental concern (AEC). Approximately 70 linear feet of the proposed retaining wall
i
Weeping Radish Partnership
Bio Report
Page Three
will be constructed in the estuarine shoreline AEC. The percentage of impervious surface
located within the estuarine shoreline will increase from 7.1% to 8.5%. The amount of
impervious surface located within the estuarine shoreline will, increase from approximately
10,300 sq. ft. to approximately 12,300 sq. ft.
Submitted by: Frank A. Jennings, III
Date: 30 April 1999
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Manteo, just east of Darrel's and McDonalds
1. APPLICANT
c. Street address or secondary road number
525 South Virginia Dare Blvd. U.5 try
a. Landowner:
Name Weeping Radish Partnership
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address P.O. Box 1471
City Manteo
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Shallowbag Bay
Zip 27954 Day Phone [phone]
Fax [phone]
3. DESCRIPTION AND PLANNED USE OF
PROPOSED PROJECT
b. Authorized Agent:
Name Robert N. Needham
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,
and excavation and/or filling activities).
Needham, Jernigan & Assoc., Inc.
Address 9100 Charlestowne Road, SE
Fill for parking lot for existing small business
City Winnabow NC
Zip 28479 Day Phone [phone]
Fax [phone]
c. Project name (if any)
Weeping Radish Restaurant
NOTE: Permit will be issued in name of landowna(s? and/or
Pr jed name.
2. LOCATION OF PROPOSED
PROJECT
b. Is the proposed activity maintenance of an existing
project, new work, or both? New
c. Will the project be for public, private or
commercial use? Commercial
d. Give a brief description of purpose, use, methods
of construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. To maintain parking spaces at
town minimum requirement for existing restaurant
seating, hours of operation to remain same,
purpose solely for maintaining parking following
expiration of previous lease agreements with
adjacent Christmas House and civil suit
a. County Dare
Form DCM-MP-1
4. LAND AND NVATER
CHARACTERISTICS
a. Size of entire tract Approx. 4 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above M1-1W or
Iv' WL 2-4 feet
d. Soil type(s) and texture(s) of tract
Loamv sand
e. Vegetation on tract loblolly pine sparse
Anindhxwia. Smilax glauca flex glabra
f. Man-made features now on tract existing
restaurant. and retail annex building
g. What is the CAMA Land Use Plan land
classification of the site? (consult the local land use plan.)
Conservation
X Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
B-2 -
I. Is the proposed project consistent with the
applicable zoning? X Yes No
(attach zotting compliance certificate, if applicable)
Has a professional archeological assessment
been done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register fisted or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? Yes
(Attach documentation, if available) survey confirmed by Corps
in. Describe existing wastewater treatment facilities.
Municipal
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff,
sanitary wastewater, industrial/commercial
effluent, "wash down" and residential discharges.)
Rainwater runs under pile supported buildings
to southern man-made canal with restricted flow
due to 36" culvert
o. Describe existing drinking water source.
Municipal
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only)
or other instrument under which the applicant
claims title to the affected properties. If the
applicant is not claiming to be the owner of said
property, then forward a copy of the deed or
other instrument under which the owner claims
title, plus written permission from the owner to
carry out the project.
• An accurate, dated work plat (including plan
view and cross-sectional drawings) drawn to scale
in black ink on an 8 ''/:' by I I' white paper. (Refer
to Coastal Resources Commission Rule 7J.0203
for a detailed description.)
Please note that original drawings are preferred
and only high quality copies will be accepted.
Blue-line prints or other larger plats are
acceptable only if an adequate number of quality
copies are provided by applicant. (Contact the
U.S. Army Corps of engineers regarding that
agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency
personnel unfamiliar with the area to the
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
statement documenting compliance with the North
Carolina Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Jack Burrus
Address P.O.Box 913. Manteo. NC. 27954
Phone
Name The Island Art Gallery & Christmas Shop
Address P.O. Box 265. Manteo. NC.. 27954
Phone
Name Allen Daniels -
Address_P.O.Box 1087. Manteo. NC.. 97954
Phone
• A list of previous state or federal permits
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
23 Feb. 1995 DEM # 95183 Corps of
Engineers 6Apr. 1995 ID 199404594
• A check for $250 made payable to the
Department of Environment, Health, and Natural
Resources (DEHNR) to cover the costs of
processing the application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1
to 10) If the project involves the expenditure of
public funds or use of public lands, attach a
I understand that any permit issued in response to this
application will allow only the development described in the
application. The project will be subject to conditions and
restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program..
I certify that I am authorized to grant, and do in fact, grant
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in connection
with evaluating information related to this permit
application and follow-up monitoring of the project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 2 day of April, 1999 .
Print Name Robert N. Needham
Signatur
Landowner or Authorized Agent
Please indicate attachments pertaining to your
proposed project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-1\/P-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Accesss
channel
CNII,M or (NwL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
N/A N/A N/A '-11A
N/A N/A N/A N-./-k
N/A N/A N/A N/A
N/A N--/A NIA N"A
N/A N/A
N/A N/A
0.2012 acre fill for parking lot, see
attached drawing
1. Excavation
a. Amount of material to be excavated from below
NIRW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAYS) or other wetlands? Yes No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where? N/A
Revived 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bull=head Riprap
b. Length N/A
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
C. Shoreline erosion during preceding 12 months
N/A
(Source of bzformation)
f. Type of bulkhead or Rprap material
9-
Amount of fill in cubic yards to be placed below
water level y f
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
Revised 03/95
If yes,
(1) Amount of material to be placed in the water
`ONE
(2) Dimensions of fill area Approximately
200'X20' 0.2012 acres See drawing
(3) Purpose of fill To bring_onsite marking to
town minimum requirements
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Other Yes No
If yes,
(1) Dimensions of fill area 200'X20'
(2) Purpose of fill To bring onsite parking
to town minimum requirements
5. GENERAL
a.
b.
C.
How will excavated or fill material be kept on site
and erosion controlled? Standard silt fence and
erosion control methods, and retainine wall
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Baclhoe. dozer, dump trucks
Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
envirorunental impacts.
Weeping Radish Restuarant
Applicant or Project Name
Signature
2 April 1999
Date
Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(l) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW,
wetlands
(3) Maximum distance beyond MHW,
wetlands
Mooring buoys
(1) _ Commercial -Community - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. erLL (Give complete description) 1
N7AruiNo 1.iA/I f?N??(ui4Y`N Af
Private
App ' r jec Name
Signature
Date I
NWL or
NWL or
m„o LJrCRND
ROANOKE
NAMED sain
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WATER METER
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VICINITY MAP (NTS)
61
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--
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RETAINING WALL
TO FOLLOW CAMA LINE
/ W PROPOSED \W
REMAINING PARKING
AREA
MARSH AREA
WETLAND
AREA r \ 19
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W .

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ANNEX BUILDING W W ?
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1 STORY WOOD -k 41
FRAME BLDG. q \ 89
F.F.E.- 7.35' W W W \ W &
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7.0' `j' `I' -k , EXISTING ASPHALT 817
ti W y y \ PARKING LOT
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? 1 Q' 1 WM.OO SHEET 2 OF 2

WETLAND SURVEY PREPARED FOR
THE WEEPING RADISH RESTAURANT
A PARCEL OP LAND LOCATED IN MANTEO
NAGS HEAD TOWNSHIP - DARE COUNTY - NORTH CAROLINA
30 is D 30
SEABOARD SURVEYING & PLANNING, INC.
1 inch 90 ft 3200 NORTH CROATAN HWY. KILL DEVIL HILLS, NC 27948
OFFICE: [phone] FAX: [phone]
IFILE.- 2272 SURVEYED:N A PLATTED:4 2 9 CS
6.01
Use
Auditorium
Public or private clubs
Public utility buildings
1 parking space for each 3 seats in the largest
assembly room
1 parking space for each 200 square feet of gross
floor space
1 parking space for each employee; with customer
service facilities, a minimum of 5 additional spaces
Community centers and government 1 parking space per 200 square feet of gross floor
buildings area
Child day care center 1 parking space per employee, plus 1 parking space
for each 6 children of licensed capacity
3. Retail and office uses.
General or professional offices and banks
Doctor's or dentist's office, not more
than 2 doctors or dentists (for more than
2, see clinic)
I parking space for each 200 square feet of gross
floor space, plus I space for each 2 employees, plus
waiting space for at least 4 cars for each drive-in
banking device
5 parking spaces per doctor, plus 1 per staffmem-
ber
Restaurant and fast food 1 parking space for every 3 customer seats, plus 1
additional space for each 3 employees, with a
minimum of 8 spaces total
Furniture, appliance, and grocery stores 1 parking space for each 500 square feet of gross
floor area
Indoor entertainment facilities includ- 1 parking space for each 100 square feet of gross
ing bowling alleys, dance halls, skating floor area and 1 additional space for each 2 employ -
rinks, amusement arcades, and simil
facilities ar ees, with a minimum of 8 spaces total
Outdoor entertainment facilities includ- 1 parking space for each 100 square feet of gross
ing amusement parks, miniature golf ground area exclusive of the area required for
courses, and similar facilities parking and buffering and 1 additional space for
each 2 employees
Theaters 1 parking space for each 3 seats in the auditorium
Funeral home 1 parking space for each 4 seats in the chapel or
parlor
Retail uses not otherwise listed 1 parking space for each 500 square feet of
floor area with a minimum of 5 spaces gross
;ALA.\'TEO TOW-N.- CODE
Required Parking
CDA22
Weeping Radish Parking
3 customers equal 1 space Available Parking
3 employees equal 1 space Front 20
500 sq.ft.retail equal 1 space Back 24
Total available 44
Parking Needs according to Town Code
Seats Spaces
Main Building
Dining gg 29
Upstairs 40 13
Pub 50 17
Tour Room 24 g
Beer Garden 25 8
Total Main Building 227 76
sq.ft Spaces
Annex Building 2,229 4
Gingerbread House 320 1
Employees 22 7
Total needed 88
ALTERNATIVES ANALYSIS
Proposed Project:
Purpose and Need:
Alternatives:
1) No action: This will reduce available parking to '/z of the minimum of Town of Manteo
requirements. Reduction in this proportion to a seasonal business will result in failure of the
WEEPING RADISH RESTAURANT at this location. The existing restaurant cannot survive with
'h the existing seating capacity. The adjoining MANTEO CHRISTMAS HOUSE, which has been
in a civil lawsuit with the WEEPING RADISH RESTAURANT (see attachment), will insist the
Town ofManteo enforce the parking codes based on available parking spaces. Failure at this
location will have a negative impact on the Kitty hawk and Corolla locations as the brewery
is located at the Manteo location.
2) Other project designs: The frontage of this tract is restricted by the 50 foot ROANOKE
VOYAGES CORRIDOR from edge of existing right-of -way to US Highway 64 (South Virginia
Dare Blvd.). The only other onsite expansion area would be toward Shallowbag Bay and the
adjacent black needle rush (Juncus roemericmus) and saw grass (Cla&um
jamaicense)marshes. It would be economically unfeasible to construct the proposed parking
lot as an elevated structure to avoid filling.
3) Other sites: This is an established small business which has operated at this location for
15 years. Seasonal customers have learned to associate with this location during the past IS
years. Disruption of established consumer patterns by relocation of small businesses has been
found to be detrimental to and is reflected in Regulatory Guidance Letter RGL - 95-1:
Subject: Guidance on Individual Permit Flexibility for Small Landowners. This RGL
concludes it is not a practicable alternative for a small business to relocate when making
expansions that result in less than two acres of wetland fill. In the WEEPING RADISH
RESTAURANT situation it is not expansion, but survival, which is dictated by Town
requirements for available parking.
Physical/Chemical Characteristics and Anticipated Changes:
1) Substrate: Loamy sand hydric soil to be filled with suitable sand material for base material
for parking lot.
2) Currents, circulation, or drainage patterns: Drainage of the remaining wetland will
continue under the existing pile supported Annex Building. The site is not subject to normal
inundation and therefore should .not have a negative impact on currents or circulation.
Drainage is from local rainfall and will continue to drain toward the eastern man-made canal.
3) Suspended particulates and turbidity: Silt fence will be established along southern canal
to prevent erosion into man-made canal. All proposed fill is in an area which does not have
surface waters and therefore no suspended particles will exist onsite.
4) Water quality (temp., salinity patterns, etc.): The site is not subject to normal surface
water. The removal of the loblolly pine (Pins taeda) trees will not result in increase solar
heating of surface waters. No change to salinity should result from the filling of the pine
forested wetland. There could be a slight increase in surface rainfall runoff toward the man-
made canal depending on grade of proposed parking lot.
5) Flood control functions: During hurricane conditions there will be an insignificant
reduction in water storage due to the proposed fill below the 100 year flood elevation.
6) Storm, wave, and erosion buffers: The site is completely protected from wave action of
Shallowbag Bay and the proposed fill will have no impact on wave or erosion buffers.
7) Erosion and accretion patterns: The site is stable and not subject to present erosion or
accretion of sediments. The proposed project will have no impact on these characteristics.
8) Aquifer recharge: Elevation of the site is approximately 2-3 feet above sea level. The soil
is saturated within 3 feet of the surface for much of the year. The water table at this site
reflects sea level except during periods of high precipitation. This site contributes no more
to aquifer recharge than Shallowbag Bay. Should recharge occur at this site it would contain
several parts per thousand salinity of the adjoining waters of the man-made canal.
9) Baseflow: There is no stream or flowing water and no impact will occur to base flow of
any surface streams.
Biological Characteristics and Anticipated Changes:
1) Special aquatic sites (wetlands, etc., as defined in 40 CFR 230.40-45): The site of
proposed fill is a jurisdictional wetland. Overstory canopy trees are limited to loblolly pine
(Pinus taeda). Understory species include sparse cane (Arundinaria gigantea), bitter gall-
berry (Rexglabra), cat-brier (Smilaxglazica and S. bona-nox). There were no ground cover
species due to the deep litter layer of pine needles. Because of the existing commercial
parking and board walk access, numerous cans, bottles and Styrofoam cups are on the
ground. Access for clean-up is difficult because of the cat briar.
2) Habitat for fish and other aquatic organisms: The wetland site does not have surface
inundation and does not provide breeding for fish or amphibians.
3) Wildlife habitat (breeding, cover, food, travel, general): The pine forest may provide
breeding for song bird species: pine warbler, brown headed nuthatch or summer tanager. The
thicker vine areas could be suitable for "edge effect" song birds: mockingbird, northern
cardinal, gray catbird or bluejay. In winter the forest could be used by yellow-romped
warblers and other species for forage area. The forest is not located in a specific geographic
situation to provide important travel corridors to wildlife.
4) Endangered or threatened species: No known State or Federally listed threatened or
endangered species are known to occur in the area.
5) Availability of possible contaminants in dredged or fill material (spill records, runoff
from surrounding area, etc.): No known contaminants occur on the site. Proposed fill
material will come from. a North Carolina DEHNR approved borrow site.
Human Use Characteristics and Impacts:
1) Existing and potential water supplies: There is no water supply in the vicinity.
2) Recreational or commercial fisheries: It may be possible for minimal amounts of detritus
to reach the man-made canal. However, the canal has been restricted by a 36" culvert beneath
the former driveway crossing. This restriction reduces the likelihood of detrital export for the
benefit of recreational or commercial fisheries of Shallowbag Bay.
3) Other related recreation: The wetland area, indeed the entire site, is privately owned and
surrounded by a retail annex building, the WEEPING RADISH REsTAuRANT and the existing
back parking lot. A wooden walkway presently bisects the wetland and connects the existing
parking area to the restaurant.
4) Aesthetics of the aquatic ecosystem: The forested loblolly pine (Pin-us taeda) wetland
does not have standing water and technically is not aquatic. The walkway through the
existing pine forested wetland does allow customers the opportunity to view the forest. It
should be pointed out that this type of forest is extremely plentiful in eastern North Carolina
and characteristic of many wetland and upland forest areas.
5) Parks, national and historic monuments, national seashores, wild and scenic rivers,
wilderness areas, research sites, etc.: The Town of Manteo has established the ROANOKE
VOYAGES CORRIDOR along US highway 64/264. This is a 50 foot strip adjacent to the
existing right-of-way for the highway. None of the proposed work will impact this corridor.
s
6) TrafGc/transportation patterns: For the past 10+ years the WEEPING RADISH
RESTAURANT has occupied this location. The traffic patterns will not increase as a result of
the proposed work. As stated previously the purpose. of the project is to maintain the minimal
number of parkng spaces per number of chairs in the existing restuarant.
7) Energy consumption or generation: The process of clearing and filling of the proposed
parking lot expansion will require the consumption of diesel fuel in the landclearing machines.
8) Navigation: The site is removed from any navigable waters.
9) Safety: There will not be a positve or negative long term impact on existing safety at the
project site. Short term safety impact may result from dump trucks entering and departing
the site during fill operations which should be limited to approximately 2 days.
10) Air quality: Operations during the parking lot construction will result in short term
minimal exhaust from diesel machinery working onsite.
11) Noise: Short term noise levels during workng hours will occur from landclearing
machinery while construction is in progress.
12) Historic properties (Section 301(5) National Historic Preservation Act): No historic
properties are known to exist onsite.
13) Land use classification: B-2
14) Economics: Issuance of this application will allow an existing small business to remain
in operation at current levels of employment. Small businesses of this nature rely primarily
on seasonal tourist customers. This represents a net influx of funds to the Town of Manteo
and Dare County from other areas, both in and out of state. Existence of this business during
non-peak tourist months provides local full time employment at times when seasonal job
opportunites are non-existant. The ratio of full time:seasonal employment is important to
Dare County citizens and officials.
15) Prime and unique farmland (7 CFR Part 658): Not applicable.
16) Food and fiber production: The loblolly pine (Pines taeda) onsite have been harvested
for lumber. Limbs and tops have been chipped for organic mulch. If the proposed project
is permitted this area will not be re-forested. No known food production has occured within
the wetland portion of !his tract. While the site is a restuarant no food or livestock are/or
have been produced onsite.
17) Mineral needs: No known mineral deposits exist onsite.
18) Consideration of private property: The tract is currently zoned B-2 and taxed as
commercial property. Failure to issue this permit will result in loss to the land owner and
business due to interacttion with town minimum parking requirements.
19) Other:
Summary of Secondary and Cumulative Effects:
Secondary impacts are minor. Vehicle and pedestrian traffic will remain the same as this is
not an expansion of the business but a change in parking locations as a result of a civil lawsuit.
There will be an increase of impervious surface by 0.2246 acres which will eventually be
asphalt. When the total proposed project is completed with Coastal Management permit there
will be a storm water management plan. The first couple of years after paving there will be
slight increases of petroleum based runoff. Later as the asphalt ages there is a reduction in
petroleum based leachate.
The unavoidable loss of wetlands will be compensated by purchase of wetland mitigation
credits from Great Dismal Swamp RestorationBank, LLC (GDSRB)- Timberlake Farms
Tract. For a description of the forest types being restored at this location refer to the Site
Specific Restoration Plan. The proposed ratio of mitigation proposed for this project is 4'/z:1.
Habitats being impacted are; 0.172 acres of loblolly pine forest and less than 0.0526 acres of
common reed (Phragmitis australis). This last habitat is along the disturbed slope of the
existing parking lot between the historic fill and black-needle rush marsh. The actual fill line
will be determined by Mr. Frank Jennings of North Carolina Coastal Management, Elizabeth
City Field Office and will not impact the black-needle rush marsh. Long term cumulative
impact will be a net gain of forested wetlands.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Uli Bennewitz
Weeping Radish
Highway 64, PO Box 1471
Manteo, NC 27954
Dear Mr. Bennnewitz:
Alt?
NCDENR
Division of Water Quality
February 29, 2000
Subject: Stormwater Management for
The Parking Lot Expansion
DWQ Project No. 990513
Dare County
In follow-up to our conversation yesterday and your letter dated February 23, 2000, it is my understanding
that you will provide a site plan that will show most or all of the parking area graded to cause stormwater to
flow into the level spreader located between parking spaces 4 and 6. Also, you will provide one cross
section view of the level spreader. I will attempt to review this information as soon as possible after it is
received by this Office.
If you have any questions or would like to discuss this project, please contact me at [phone].
VrT St . John, PE
onmental Engineer
Attachments
cc: John Dorney, Wetlands/401 Unit
Washington Regional Office
File

4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Fniml C)nnnrhinity Afrrnativa Anfinn Fmnlnvar -;;n0A rarvrladl inOl nnct?nnciimar nanar
t
April 10, 2000
Memo To: Dennis Ramsey
Through: Jim Mulligan From: Bill Moore 9K bydwl???
Subject: Stormwater Project for
Weeping Radish at Manteo
Dare County

On May 5, 1999 this office received a copy of a CAMA major permit application for the
Weeping Radish Partnership located at Manteo, NC. Mr. Uli Bennewitz, owner of the Weeping
Radish Restaurant, had submitted a proposal for a parking lot expansion. The project involved
construction within the 75 ft CAMA AEC and fill in non-coastal wetlands.
On May 26, 1999, I met with Mr. Bennewitz at the site to discuss stormwater alternatives
for his project. The area needed for expansion of the parking lot exceeded the available high
ground, thus requiring fill in the adjacent wetlands. Practically all of the available high ground
area would be used for parking, therefore, the only space left for stormwater controls was a
limited area of 404 wetlands. In the coastal counties, we usually advise developers to provide
adequate stormwater control measures on high ground before the runoff enters adjacent wetlands
or surface waters. I advised Mr. Bennewitz that there might be some stormwater treatment
alternatives available, including subsurface infiltration (beneath the parking lot), or possibly some
proprietary units. Due to design, construction and maintenance costs, Mr. Bennewitz was not
interested in pursuing these alternatives. Mr. Bennewitz decided to withdraw his CAMA
application.
On March 9, 2000, I received a copy of a letter to Mr. Bennewitz (copy attached)
referencing stormwater measures for his site. It is my understanding that Mr. Bennewitz scaled
down his project to stay out of the CAMA AEC, however, the placement of fill in non-coastal
wetlands triggered a 401 Water Quality Certification. Apparently through the 401 review, some
agreement was reached between Mr. Bennewitz and the Wetlands staff about stormwater control
measures.
Since the region had prior involvement with this project site I think it would be
appropriate to co-ordinate the approval of stormwater measures with the region. I am sorry that I
had to miss the recent stormwater/wetlands staff meeting in Raleigh, however I would be glad to
meet/talk with the Wetlands staff to discuss this project or stormwater in the coastal region in
general.
cc: John Dorney M?-
v
%_s ? ;t P.;Ill ;, ?
KAM va(
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
.Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Uli Bennewitz
Weeping Radish
Highway 64, PO Box 1471
Manteo, NC 27954
Dear Mr. Bennnewitz:
'&.1 0

NCDENR
Division of Water Quality
February 29, 2000
Subject: Stormwater Management fc
The Parking Lot Expansion
DWQ Project No. 990513
Dare County
9 2000
t W?SHINGTGN RLGI?N OFFICE
i D.;'IQ
In follow-up to our conversation yesterday and your letter dated February 23, 2000, it is my understanding
that you will provide a site plan that will show most or all of the parking area graded to cause stormwater to
flow into the level spreader located between parking spaces 4 and 6. Also, you will provide one cross
section view of the level spreader. I will attempt to review this information as soon as possible after it is
received by this Office.
If you have any questions or would like to discuss this project, please contact me at [phone].
Attachments
tTrd tJ ohn, PE
nmental Engineer
cc: John Dorney, Wetlands/401 Unit
Washington Regional Office
File
ft
h
4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Frnwl rlnnnrfunifv Afiirmnfiva Ar4inn Fmnlnvar ';M rar•vnlar{/ IM nncf-rnnciimar nanpr
y
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Uli Bennewitz
Weeping Radish
Highway 64, PO Box 1471
Manteo, NC 27954
Dear Mr. Bennnewitz:
NCDENR
Division of Water Quality
February 29, 2000
Subject: Stormwater Management for
The Parking Lot Expansion
DWQ Project No. 990513
Dare County
In follow-up to our conversation yesterday and your letter dated February 23, 2000, it is my understanding
that you will provide a site plan that will show most or all of the parking area graded to cause stormwater to
flow into the level spreader located between parking spaces 4 and 6. Also, you will provide one cross
section view of the level spreader. I will attempt to review this information as soon as possible after it is
received by this Office.
If you have any questions or would like to discuss this project, please contact me at [phone].
Sincerely,
Attachments
cc: John Dorney, Wetlands/401 Unit
Washington Regional Office
Todd St. John, PE
Environmental Engineer

4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Frn ial r)nnnrfnnifv Affinnativa Artinn Fmnlnvar A00 rarvrlarll II)OA nnct?nncnmar nanar
It
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
/••
NCDENR
Division of Water Quality
February 29, 2000
Mr. Uli Bennewitz
Weeping Radish
Highway 64, PO Box 1471
Manteo, NC 27954
Subject: Stormwater Management for
The Parking Lot Expansion
DWQ Project No. 990513
Dare County
Dear Mr. Bennnewitz:
In follow-up to our conversation yesterday and your letter dated February 23, 2000, it is my understanding
that you will provide a site plan that will show most or all of the parking area graded to cause stormwater to
flow into the level spreader located between parking spaces 4 and 6. Also, you will provide one cross
section view of the level spreader. I will attempt to review this information as soon as possible after it is
received by this Office.
If you have any questions or would like to discuss this project, please contact me at [phone].
St. John, PE
3nmental Engineer
Attachments
cc: John Dorney, Wetlands/401 Unit
Washington Regional Office
File
4401 Reedy Creek Road, Raleigh, NC 27607
An Fni ini r)nnnrh inity Affirmafivo Artinn Fmninvor

Telephone [phone] FAX [phone]
F(1a/ rorvriori/ino/ nnci?nnciimormanor

State of North Carolina IT
Department of Environment
and Natural Resources / •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
March 3, 2000
DWQ# 00-0053
Mecklenburg County
Charlotte-Mecklenburg Utilities (CMUD)
5100 Brookshire Blvd.
Charlotte, NC, 28216
APPROVAL of 401 Water Quality Certification
Dear Sirs:
You have our approval, in accordance with the attached conditions, to impact 335 linear feet of streams for the
purpose of sewer line construction in Mecklenburg County as you described in your application received by the
Division of Water Quality on January 18, 2000. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3101. This Certification allows to use Nationwide Permit
Number 12 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification is a
corrected version of a Certification issued on January 28, 2000.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to
be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Attachment
Fic
Stevens
Non-Discharge Branch • 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens. Director
Mr. Uli Bennewitz
Weeping Raleigh Brewery and Restaurant
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 15, 2000
Dare County
DWQ Project # 990513
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Hwy 64
PO Box 1471
Monteo, NC 27954
Dear Mr. Bennewitz:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.20 acres of wetlands
for the purpose of constructing a parking lot at Weeping Raleigh Restaurant as described in your application dated May 6, 1999 with revision
dated March 7, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will
expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. 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. If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is a 60 foot long level spreader shall be constructed adjacent to the parking lot spaces numbered three through
nine, as labeled on the plans dated January 17, 2000. The level spreader shall not be constructed in the marsh. Additionally, the level
spreader shall be maintained to provide even distribution of runoff water into the marsh, and sediment shall be removed when the
sediment in the level spreader reaches 0.75 feet measured from the bottom of the level spreader. The parking shall be sloped towards the
level spreader as indicated in the plans dated January 17, 2000.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of
the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 2761 I-7447. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,
please telephone John Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Washington Feld Office
Washington DWQ Regional Office
Central Files
Todd St. John
Steve Kroeger
inc
Stevens
z
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer -
50% recycled/10% post consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
4 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
tit RR Md?co-' 2000
nty D -13
? 6- Y1eSQ DWQ Project # -I S7
A? PDRO of 401 Wate?l
5r Quality Certif. ation and ADDITIONAL CONDITIONS
C'
°-
? ??9stil ? ?
Dear Mr. UJ +3 C ©Z ?Aftwr
You have our approval, in accordance with the tached conditions a ose listed below, to place filmaterial n acr etlands
ws for the purpose of at as described in your application dated reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3l I lltiseertifreat36n ?
_ it. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. 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. If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later).
An additional condition is that
If you do not accept any of the conditions of this certifi
the date that you receive this letter. To ask for a hearing, send a
General Statutes to the Office of Administrative Hearings, P.O.
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water
please telephone John Domey at 919-733-9646.
Attachment W a,, L' i?
cc: ?orps of Eng ineers Field Office
Od i DWQ Regional Office
File copy
Central Files
??To?'ddd, St. John?j q
-
yve
approvalcon.ly '
1
eified
and
you may ask for an adjudicatory hearing. You must act within 60 days of
ten petition, which conforms to Chapter 150B of the North Carolina
27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are
under Section 401 of the Clean Water Act. If you have any questions,
Ke`r T. Stevens OV\
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

DIVISION OF WATER QUALITY
March 13, 2000
Memorandum To: John Dornev
From: Todd St. John
Subject: Weeping Radish
DWQ 990513
Dare County
The applicant has proposed a stormwater management plan. The plan includes
sloping the parking area toward the marsh on the eastern edge of the property per the
plans received March 9, 2000 (dated l/17/2000). The runoff will enter a 60 foot long
level spreader that will discharge into the marsh. The above plans show a thirty foot level
spreader. However, in his letter dated February 23, 2000, Mr. Bennewitz said that he
would construct a 60 foot level spreader. My conversation with Mr. Bennewitz on March
13, 2000 confirtned that he would construct a 60 foot level spreader. The level spreader
will not be located in the marsh per my conversation with Uli Bennewitz on March 13,
2000. The stormwater management plan did not include a Operation and Maintenance
Agreement. The only maintenance that should be necessary would be to remove
sediment. As such, I recommend that we simply require sediment removal as part of the
Certification. I recommend the following language for the stormwater condition:
A 60 foot long level spreader shall be constructed adjacent to the parking lot spaces
numbered 3 through 9, as labeled on the plans dated January 17, 2000. The level spreader
shall not be constructed in the marsh. Additionally, the level spreader shall be maintained
to provide even distribution of runoff water into the marsh, and sediment shall be
removed when the sediment in the level spreader reaches 0.75 feet measured from the
bottom of the level spreader. The parking shall be sloped towards the level spreader as
indicated in the plans dated January 17, 2000.
tits-
cAnnA
25 ?c?6
April 30, 1999
TO: John R. Dorney, Environmental Biological Supervisor
Division of Coastal Water Quality
FROM: John R. Parker, Jr. i?FCCc,`/??T
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Weeping Radish Partnership
Project Location: 525 S. Virginia Dare Road (US 64/264), Manteo, Dare County, adjacent
to Shallowbag Bay
Proposed Project: Expand an existing parking area by constructing a retaining wall, filling
adjacent wetlands and paving the area.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 21, 1999. If you have any questions regarding the proposed project, please contact
Frank A. Jennings, III at [phone]. When appropriate, in-depth comments with supporting
data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE\ \?l\(SO
North Carolina Department of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary
Division of Coastal Management Donna D. Moffitt, Director
Elizabeth City Office • 1367 US 17 South • Elizabeth City, NC 27909 • Phone [phone]
WEEPING RADISH
NCDENR
Water Quality Section
Wetlands Division
Attn. Todd St.John
1621 Mail Service Center
Raleigh, NC
27699-1621
Highway 64, F.O. Box 1471
Manteo, NC 27954
[phone]
[phone] (Office)
[phone] (Fax)
[e-mail]
March 7, 2000
RESTAURANT & BREWERY
I
WEtLANDS GROUP
WATER UALITY SECTION
Re: Car Park Expansion Project: Weeping Radish Manteo
Dear Todd:
Thank you for your comments regarding my previous letter.
Enclosed please find the updated car-parking map, with the following additions:
? We will raise the fill in the parking numbers 14 through 37, so that the elevation in
that area is above the current grade;
? We will create a swell, starting at lot 45 through lot 42 towards lot 5. This swell will
carry the surface water of all the filled area and most of the existing paved area
towards the proposed fore bay.
? We will,build the fore bay as sketched out in the attachment.
Please let me know if this plan is acceptable and please advise me how to proceed from
here in order to get my final permit. I very much appreciate your help in this process.
Sinerely,
?L_ ?'_e
Uli Bennewitz
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Weeping Radish Partnership
2. LOCATION OF PROJECT SITE: 525 South Virginia Dare Road (US 64/264), Manteo, Dare County,
adjacent to Shallowbag Bay
Photo Index - 1995: 182-1881 (P,Q - 17&18, R-17, S-17) 1989: 152-6 (Q-U 8)
1984: 141-1569 (M-R 10) 1978: 83-362 (J-M 15)
State Plane Coordinates - X: 2986650 Y: 798200 Manteo Quad (UR)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/07/99
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 04/19/99
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Manteo
Land Classification From LUP - Conservation, Developed
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - Provided by town
Planned - N/A
(F) Type of Structures: Existing - Restaurant, brewery, shops, parldng area
Planned - Increase parking area, retaining wall
(G) Estimated Annual Rate of Erosion: N/A
Source -
7. HABITAT DESCRIPTION:
[AREA]
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
8775 soft.
(D) Total Area Disturbed: 8775 sq.ft. (0.2012 acre)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to expand an existing parking area by constructing a
retaining wall, filling adjacent wetlands and paving the area.
Weeping Radish Partnership
Bio Report
Page Two
The applicant's property consists of a 4.73 acre tract, located at 525 South Virginia Dare
Road in the Town of Manteo, Roanoke Island, Dare County and adjacent to Shallowbag Bay.
The adjacent properties along the highway are the Christmas Shop, Island Art Gallery to the
south and Daniel's Restaurant to the north. A brewery, restaurant, gift shop and a paved
parking area have been constructed on the western portion of the applicant's property.
Although this area is mostly high ground (el. +4') there is a 7,500 sq. ft. area of open non-
coastal wetlands that separates the existing parking area from the gift shop building which is
constructed over additional non-coastal wetlands. The open wetlands are vegetated with Pinus
taeda with little understory. The majority of the property (2.8 acres) consists of a Juncus
roemerianus coastal marsh located on the eastern portion of the tract. The marsh is bordered
on the east by Shallowbag Bay, on the north and south by manmade canals and on the west by
the parking area. The southern canal changes to an unnavigable drainage ditch approximately
450 ft. east of the US 64/264 right of way, at the location of an existing culvert and is the
drainage source for most of the non-coastal wetland area. The culvert is located approximately
800 ft. from Shallowbag Bay.. The northern canal terminates approximately 100 ft. from the
US 64/264 right of way. The existing parking area has an elevation of approximately 3 ft.
above the adjacent coastal marsh substrate and a narrow fringe non-coastal wetlands
approximately 5 ft. wide, exists between the marsh and the parking area. The waters of
Shallowbag Bay are classified as SC by the Division of Environmental Management.
In order to comply with a town ordinance regarding the required number of available
parking spaces, the applicant proposes to fill the 7,500 sq. ft. non-coastal wetland area located
between the gift shop building and the parking area as well as the wetland fringe located
between the parking area and the marsh. A 240 ft. long retaining wall is proposed to be
constructed along the marsh line to contain the proposed fill material. The area of fill adjacent
to the marsh is 1,275 sq. ft. resulting in a total fill area of 8,775 sq. ft. The application
indicates that the area of impervious surface will increase by 9,684 sq. ft. by the creation of
the parking area. The applicant also proposes to compensate the loss of wetlands by the
purchase of wetland mitigation credits from the Great Dismal Swamp Restoration Bank, LLC
(GDSRB) Timberlake Farm Tract, Tyrrell County. The applicant proposes a ratio of
mitigation for this project of 4.5:1.
The proposal development plan will result in a loss of 8,775 sq. ft. of non-coastal
wetlands. Approximately 900 sq. ft. of this area is located within the estuarine shoreline area
of environmental concern (AEC). Approximately 70 linear feet of the proposed retaining wall
Weeping Radish Partnership
Bio Report
Page Three
will be constructed in the estuarine shoreline AEC. The percentage of impervious surface
located within the estuarine shoreline will increase from 7.1 % to 8.5 %. The amount of
impervious surface located within the estuarine shoreline will increase from approximately
10,300 sq. ft. to approximately 12,300 sq. ft.
Submitted by: Frank A. Jennings, III
Date: 30 April 1999
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Manteo, just east of Darrel's and McDonalds
1. APPLICANT
c. Street address or secondary road number
525 South Virginia Dare Blvd US
a. Landowner:
Name Weeping, Radish Partnership
Address P.O. Box 1471
City Manteo
Zip 27954 Day Phone [phone]
Fax [phone]
d. Is proposed work within city limits or planning
jurisdiction? _X __Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Shallowbag Bay
3, DESCRIPTION AND PLANNED USE OF
PROPOSED PROJECT
b. Authorized Agent:
Name Robert N. Needham
Needham, Jernigan & Assoc Inc
Address 9100 Charlestowne Road, SE
City Winnabow, NC
Zip 28479 Day Phone [phone]
Fax [phone]
c. Project name (if any)
Weeping Radish Restaurant
NOTE: Permit will be issued in name of landowneKs? and/or
project nam.
2. LOCATION OF PROPOSED
PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,
and excavation and/or filling activities).
Fill for parking lot for existing small business
b. Is the proposed activity maintenance of an existing
project, new work, or both? New
c. Will the project be for public, private or
commercial use? Commercial
d. Give a brief description of purpose, use, methods
of construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. To maintain parking spaces at
town minimum requirement for existing restaurant
seating, hours of operation to remain same,
purpose solely for maintaining parking following
expiration of previous lease agreements with
adjacent Christmas House and civil suit
a. County Dare
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Approx. 4 acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW or
NWL 2-4 feet
d. Soil type(s) and texture(s) of tract
Loamy sand
e. Vegetation on tract loblolly pine sparse
Anti dinana. Smilax glauca Ilex glabra
f. Man-made features now on tract existine
restaurant, and retail annex building
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
B-2
1. Is the proposed project consistent with the
applicable zoning? X Yes No
(Attach Zoning compliance certificate, if applicable)
j. Has a professional archeological assessment
been done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) Other
If yes, has a delineation been conducted? Yes
(Attach documentation, if available) survey confirmed by Corps
m. Describe existing wastewater treatment facilities
Municipal
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff,
sanitary wastewater, industrial/commercial
effluent, "wash down" and residential discharges.)
Rainwater runs under pile supported buildings
to southern man-made canal with restricted flow
due to 36" culvert
o. Describe existing drinking water source.
Municipal
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only)
or other instrument under which the applicant
claims title to the affected properties. If the
applicant is not claiming to be the owner of said
property, then forward a copy of the deed or
other instrument under which the owner claims
title, plus written permission from the owner to
carry out the project.
• An accurate, dated work plat (including plan
view and cross-sectional drawings) drawn to scale
in black ink on an 8 t/2 by I I' white paper. (Refer
to Coastal Resources Commission Rule 710203
for a detailed description.)
Please note that original drawings are preferred
and only high quality copies will be accepted.
Blue-line prints or other larger plats are
acceptable only if an adequate number of quality
copies are provided by applicant. (Contact the
U. S. Army Corps of engineers regarding that
agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency
personnel unfamiliar with the area to the
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Jack Burrus
Address P.O.Box 913, Manteo. NC, 27954
Phone
Name The Island Art Gallery & Christmas Shop
Address P.O. Box 265. Manteo. NC.. 27954
Phone
Name Allen Daniels
Address P.O.Box 1087, Manteo_ NC. 97954
Phone
• A list of previous state or federal permits
issued for work on the project tract: Include
permit numbers, permttee, and issuing dates.
23 Feb. 1995 DEM # 95183 Corps of
Engineers 6 Apr. 1995 ID 199404594
• A check for $250 made payable to the
Department of Environment, Health, and Natural
Resources (DEHNR) to cover the costs of
processing the application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A -1
to 10) If the project involves the expenditure of
public funds or use of public lands, attach a
statement documenting compliance with the North
Carolina Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in the
application. The project will be subject to conditions and
restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program..
I certify that I am authorized to grant, and do in fact, grant
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in connection
with evaluating information related to this permit
application and follow-up monitoring of the project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 2 day of April, 1999.
Print Name bert N. Needham
Signatur
Landowner or Authorized Agent
Please indicate attachments pertaining to your
proposed project.
X DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Accesss
channel
(MEW) - (I]WL
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A
N/A N/A
0.2012 acre fill for parking lot, see
attached drawing
ray. i - ?
1. Excavation
a. Amount of material to be excavated from below
MHW or NWL in cubic yards N/A
b. Type of material to be excavated N/A
C. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAYS) or other wetlands? Yes No
d. Highground excavation in cubic yards N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
C. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where? N/A
Revived 03/95

Form DCM-MP-2
e. Does the disposal area include any coastal
wetlands (marsh), S"s or other wetlands?
Yes No
f Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bull=head Riprap
b. Length NIA
c. Average distance waterward of MHW or NWL
N/A
d. Maximum distance waterward of MHW or NWL
N/A
C. Shoreline erosion during preceding 12 months
NIA
(Source of b formation)
maw. cu-uY-a? IIIIM..7.J/.JV NVI rayc 1 ui I
Revised 03/95
If Yes,
(1) Amount of material to be placed in the water
NONE
(2) Dimensions of fill area Approximately
200'X20` 0.2012 acres See drawing
(3) Purpose of fill To bring onsite parking to
town minimum requirements
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Other Yes No
If Yes,
(1) Dimensions of fill area 200'X20'
(2) Purpose of fill To brine onsite parking
to town minimum requirements
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Standard silt fence and
erosion control methods, and retaining wall
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) R.iprap
(2) Bull=head backfrll
h. Type of fill material
i. Source of fill material
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? _ Backhoe. dozer, dump trucks
c.
Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be tak=en to lessen
envirorunental impacts.
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
Weeping Radish Restuarant
Applicant or Project Name
Signature
2 April 1999
Date

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(l) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(9) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
C.
Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MAW,
wetlands
(3) Maximum distance beyond MHW,
wetlands
NWL or
NWL or

e. Mooring buoys
(1) ____ Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
Mooring structure (boatlift, mooring pilings, etc.)
(1) - Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
g. er[[ (Give complete description)) i
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App ' r .cc Name
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WEEPING RADISH
RESTAURANT & BREWERY
Highway 64, P.O. Box 1471
Manteo, NC 27954
[phone]
[phone] (Office)
[phone] (Fax)
[e-mail]
NCDENR
Water Quality Section
Wetlands Division
Attn. Todd St.John
1621 Mail Service Center
Raleigh, NC
27699-1621
February 23, 2000

Re: Car Park Expansion Project: Weeping Radish Manteo
Dear Todd:
After our meeting in your office we went back in order to attempt to further minimize the
wetland loss associated with our need to expand the car parking.
Enclosed please find the final drawing, which shows that we intend to reduce the
fill in the following areas:
a) Between spaces 37 and 39: This area will expand the existing wetland area within the
75 ft CAMA AEC Line
b) Between spaces 26 and 27: We will again maintain this wetland and we will use this
area for rainwater retention.
We have done all we can in order to reduce wetland losses.
In addition we will build a level spreader between spaces 4 and 6. This level spreader will
be 60 ft long and 2 foot wide.
Could you please let me know, if this plan is acceptable or what additional information
you need. We would like to finalize this proposal so that we can begin in March or April.
4 ilq6t
Looking forward to hearing from you.
Sincerely, 11 VJ
z C
li BennfewitzLu00,
?
Encl.-,
1``
1

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t
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`?- CANAL
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REMAINING WETLAND AREA
/ PROP. ` it ¦ FENCE TO BE MODIFIED/
RETENTION m ¦ \ RELOCATED AS REQUIRED
AREA ?? o \
DRAINAGE
¦ ARROW `
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\ 1\ AREA: ±2.795 AC.
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¦ ?'
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\ 36 : 3
IiL
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13
o i 39 ? 43 6 \ ? T
/ PROP. ¦ 7 \ EDGE OF MARSH
X o / f19/' )RETAINING \ 40 ,
/ ?\ WALL
z '42 8 41
? g \ ?
7.0 10
*,,r..E)(STING ASPHALT PARKING LOT 11 \ \
! PROP.
?D ASPHALT
LOT \\ 0., b ? ?? ! - - ti ` EWG\
ALL
i
20 /* EX. WOOD
/ / / \ ?/ T ?/ ?/ y?G RET. WALL
PROP. WETLAND CARS
FILLED (TYP.)
00 N/F ISLAND ART GALLERY e SEAS; = =
PROP.
RETENTION AND CHRISTMAS SHOP 2
? ?'• "
v
AREA D.B. 184, PG. 10 i ' .....SURD ;••' ? 414
S RAY ..•`'??
ADDENDUM TO WEEPING RADISH WETLAND SURVEY FOR '
THE WEEPING RADISH RESTAURANT
A PARCEL OF LAND LOCATED IN THE TOWN OF MANTEO
NAGS HEAD TOWNSHIP - DARE COUNTY - NORTH CAROLINA
3° 15 o 30
SEABOARD SURVEYING & PLANNING, INC.
1 inch = 30 ft. 3200 NORTH CROATAN HWY. KILL DEVIL HILLS, NC 27948
LE:2272 SURVEYED.-N/A PLATTED: 11 /2/99 CS OFFICE: [phone] FAX: [phone]
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Y ' ' e
Person who said...
Subject: Person who said...
Date: Wed, 24 Nov 1999 15:57:31 -0500
From: "Todd St. John" <[e-mail]>
Organization: DWQ Wetlands Unit
To: "john.domey" <[e-mail]>
regarding the person who said they couldn't get up with me... the only
one i can think of would be Uli Bennewitz of the Weeping Radish
Restaurant sight (DWQ 990513). He had called and asked for an
appointment. I called back and listed all my available days for the next
couple of weeks (all via voice mail). I have not heard back from him. We
have sent he and the consultant letters regarding the matter of sheet
flowing the stormwater from the parking area into a wetland on the north
east side of the parking lot using a level spreader (not in the
wetland). They sent some plans but the plans did not show this. The
plans showed large and small "retention areas", but the water appears
to be directed to the small one and not the large one (it is not clear).
also, the portion of the parking lot flowing toward the wetland appears
to have a point discharge. they also may be proposing a "low spot" in
the wetland as a level spreader (not clear). The consultant said they
were having trouble explaining things to the engineer. I discussed this
with the consult and reiterated the fact that the stormwater should be
sheet flowed as originally discussed. Allowing them to do this would be
a large break for them since they decided to pursue and IP instead of
CAMA to avoid the stormwater permit requirement. Can we discuss?
1 of 1 11/24/1999 3:57 PM
x aboard Surv=3yinq,
3200 N. Croatan Highway
P0. Box 3569
Kill Devil Hills, NC 27948
Phone [phone]
Fax [phone]
e-mail: [e-mail]
M. Ray Meekins, PLS
W.C. 'Bill' Owen. PLS

rl
To: John Dome `-J
NCDNER
Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27699-1621
OF TRANSMMAL
Job No. 2272 Date 11/03/99
Attention: John Dorney
Subject: The Weeping_Radish_
Enclosed herein find the following items:
NUMBER DATE SHEET DESCRIPTION
5 11/3/99 5 Blueprints

[ ] As requested [X] For approval [ ] For permit submittal [ ] Please distribute
[ ] For your use only [ ] Revise and return [ ] For construction [ ] Confidential
[ ] For review only [ ] Disapproved [ ] For archives [ ] For release
Notes: These plats sent at the request of Bud Needham and Uli Benewitz.
cc: file
?I ?6 I il 0 I-iwj OV/
W
*aLV. A4W PeA 44e (Al ad
f(I
J
Dt"*111 ki . 104 f0*14"qu-1-
CA cjwai

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
109WAA
IT 00
A&4;1 2
moon
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 14, 1999
DWQ Project # 990513
Dare County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Uli Bennewitz
Weeping Radish Restaurant
PO Box 1471
Manteo, NC 27954
Dear Sirs:
The Division of Water Quality has reviewed..your plans for the discharge of fill material into 0.18
acres of streams and/or wetlands located at Weeping Radish Restaurant in Dare County for development of
a parking lot. Insufficient evidence is present in our files to conclude that your project must be built as
planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless
modifications of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until
we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps
of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you construct your development with stormwater management as outlined in our
June 28, 1999.1etter to Mr. Needham. Any documentation such as maps and narrative that you can supply
to address alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and one copy to Brad Shaver, Washington Regional Office at 1424 Carolina Avenue Washington NC
27889. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any
questions.
in ere
o R. Dorney
cc: Washington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
File Copy
Washington Field Office Corps of Engineers
Todd St. John
Robert Needham, Needham, Jernigan and Associates
990513. my
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
F.X?FA
NCDENR
DIVISION OF WATER QUALITY
June 28, 1999
Mr. Robert N. Needham
Needham, Jernigan, & Associates
9100 Charlestowne Road SE
Winnabow, NC 28479
Subject: Stormwater Management Plan
Weeping Radish Partnership
Dare County, NC
DWQ# 990513
Dear Mr. Needham:
It is the understanding of this Office that the application for a CAMA Permit will be
converted to a 404 Individual Permit application to the Army Corps of Engineers. As such, your
project will be placed on hold pending the outcome of the Public Notice process.
Also, it is our understanding, that your proposed method of stormwater treatment is to
provide a forebay/level spreading device that will "sheet flow" the runoff from the existing and
proposed parking lot (and possibly some of the existing structures) into an existing marsh. In
order to expedite the 401 Water Quality Certification process, it is recommended that you submit
plans and calculations for the proposed stormwater treatment system for Wetland Unit Staff
review. Also, please submit a copy of these plans to the Division of Water Quality's Washington
Regional Office.
If you have any questions regarding this matter, please contact Mr. Todd St. John at (919)
733-1786.
Jo R. Domey
W lands Unit Supe sor
cc: Mr. Todd St. John, Wetlands Unit
Washington Regional Office
File
4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1kF!WAA
Lik
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 14, 1999
DWQ Project # 990513
Dare County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Uli Bennewitz
Weeping Radish Restaurant
PO Box 1471
Manteo, NC 27954
Dear Sirs:
The Division of Water Quality has reviewed..your plans for the discharge of fill material into 0.18
acres of streams and/or wetlands located at Weeping Radish Restaurant in Dare County for development of
a parking lot. Insufficient evidence is present in our files to conclude that your project must be built as
planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless
modifications of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 2H.0507(e) and will place this project on hold as incomplete until
we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps
of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you construct your development with stormwater management as outlined in our
June 28, 1999 letter to Mr. Needham.. Any documentation such as maps and narrative that you can supply
to address alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and one copy to Brad Shaver, Washington Regional Office at 1424 Carolina Avenue Washington NC
27889. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any
questions.
4in ere
o R. Dorney
cc: Washington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
File Copy
Washington Field Office Corps of Engineers
Todd St. John
Robert Needham, Needham, Jernigan and Associates
990513.nty
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
3
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199911180 June 24, 1999
PUBLIC NOTICE
Mr. Robert N. Needham of Needham, Jernigan and Associates, Incorporated
9100 Charlestowne Road S.E., Winnabow, North Carolina, 28479, acting as agent for
Mr. Uli Bennewitz of Weeping Radish Partnership, Post Office Box 1471, Manteo,
North Carolina, 27954, has applied for a Department of the Army (DA) permit TO
PLACE EARTHEN FILL MATERIAL WITHIN 7,700 SQUARE FEET (0.18 AC) OF
JURISDICTIONAL WETLANDS TO FACILITATE THE EXPANSION OF AN EXISTING
PARKING AREA. The proposed expansion will be located off the east side of U.S. 64, directly
behind the Weeping Radish Restaurant, adjacent to Shallowbag Bay, in the Town of Manteo,
Dare County, North Carolina.
In 1995, the applicant utilized Nationwide Permit Number 18 (Action ID# 199404594) to
fill approximately 4,356 square feet of DA jurisdictional wetlands. The purpose of this fill was
to expand the existing parking lot. Plans submitted with this application show that the applicant
proposes to place additional clean, earthen fill material within 6,742 square feet of wetlands
immediately west of the existing parking lot, between the lot and an existing building. The
applicant further proposes to construct a retaining wall and place clean, earthen fill material
within 957 square feet of wetlands immediately east of the existing parking lot. The purpose
of this fill is to further expand the existing parking lot, in order to bring it in to compliance
with current town code. All fill material will be obtained from an approved upland site. Plans
showing the work are included with this public notice.
To compensate for these impacts, the applicant proposes to purchase wetland mitigation
credits from the Great Dismal Swamp Restoration Bank LLC (GDSRB), Timberlake Farms
Tract at a ratio of 4.5:1. The soils in the project area are mapped Hobonney Muck and the
dominant vegetation consists of loblloly pine (Pinus taeda), common reed (Phragmitis
australis), giant cane (Arundinaria gigantea), bitter gallberry (Ilex glabera), and cat brier
(Smilax glauca). The GDSRB, contains similar forested wetland types.
,r
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The applicant has determined that the proposed work is consistent with the North Carolina
Coastal Zone Management Plan and has submitted this determination to the North Carolina
Division of Coastal Management (NCDCM) for their review and concurrence. This proposal
shall be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act
by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General
Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA)
by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-Owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation control Plan by the Land Quality Section,
North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation
Pollution Control Act of 1973 (NC G.S. 113 a-50-66).
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment period specified in
the notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
Y

of cultural resource investigations by the District Engineer, and he is otherwise unaware
of the presence of such resources. Presently, unknown archeological, scientific, prehistorical,
or historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity
will affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts which the proposed activity may have on the public interest
requires a careful weighing of all those factors which become relevant in each particular case.
The benefits which reasonably may be expected to accrue from the proposal must be balanced
against its reasonably foreseeable detriments. The decision whether to authorize a proposal,
and if so the conditions under which it will be allowed to occur, are therefore determined by the
outcome of the general balancing process. That decision should reflect the national concern for
both protection and utilization of important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values,
fish and wildlife values, flood hazards and flood plain values (in accordance with Executive
Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production, mineral needs,
considerations of property ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill materials in waters of the United States,
a permit will be denied if the discharge that would be authorized by such permit would not
comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted
unless the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps
of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
4
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(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Water Quality plans to take final action in the issuance
of the Clean Water Act certification on or after July 12, 1999.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water
Quality (NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before
July 9, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Tom Walker, Post Office Box 1000, Washington, North
Carolina, 27889, until 4:15 p.m., July 9, 1999, or telephone (919) 975=1616, extension 24.
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JAMES B. HUNTJR.
GOVERNOR
WAYNE IACDEVTTT
SECRETARY

Weeping Radish Partnership
P.O. Box 1471
Manteo, NC 27954
Dear Sirs:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
July 19, 1999
S; h
This letter is in acknowledgment of the verbal request by your agent, Mr.
Robert Needham, to retire your request under the Coastal Area Management Act
(CAMA) to construct a parking lot adjacent to your business in Manteo, Dare County.
Based upon this request, processing of the subject CAMA permit application is hereby
retired. It is understood that in lieu of the CAMA permit application, you are pursuing
a permit from the Army Corps of Engineers to carry out development outside of all
CAMA Areas of Environmental Concern (AEC's). This Division will be providing a
consistency determination on this request shortly. If I may provide additional
assistance on this or any other issue, please feel free to contact me at [phone].
Sincerely,
'y)? P'J -
Doug Huggett
Major Permits Coordinator
cc: Robert Needham - /
CAMA Permit Review Agencies V
Frank Jennings, DCM - Elizabeth City
DCM - Morehead City
Steve Benton, DCM - Raleigh
P.O. BOX 27687, RALEIGH, NC 2761 1 -7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST-CONSUMER PAPER