19950183 Ver 1_COMPLETE FILE_19950222

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 23, 1995
Dare County
DEM Project = 95183
APPROVAL of 401 Water Quality Certification
Mr. Uli Bennewitz, General Partner
Weeping Radish Partners
The Weeping Radish Restaurant & Brewery
P.O. Box 1471
Manteo, N.C. 27954
Dear Mr. Bennewitz:
L U
L" ? L ' 61
You have our approval to place fill material in less than 0.10 acres of wetlands or waters for the
purpose of constructing more parking space at The Weeping Radish Restaurant & Brewery in the city
limits of Manteo, as you described in your application dated 20 February 1995. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
2733. This certification allows you to use Nationwide. Permit Number 18 when it is issued by the
Corps of Engineers.
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 this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 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 Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
Sincerely
4estoneston owar , Jr.
cc: : Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
95183.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affdmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment, W;A
Health and Natural Resources .0 •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E)F:=HNF:Z
Roger N. Schecter, Director
March 17, 1995
RECEIVED
MAR 2 1 1995
Weeping Radish Partners ENVIRONMENTAL SCIENCES
P.O. Box 1471 AQAw!W
Manteo, NC 27954
RE: DEM ID# 95183, Nationwide Permit Application for an activity located in Dare
County.
Dear Weeping Radish Partners:
The North Carolina Division of Coastal Management has reviewed the above referenced application
for a Nationwide Permit pursuant to Section 307 of the Coastal Zone Management Act of 1972 as
amended. Based upon our review, we have determined that the proposed activity is consistent with
the North Carolina Coastal Management Program provided the following conditions are met:
1. The activity described in the above referenced application qualities to receive one of
the Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers
17, 21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
2. A 401 Water Quality Certification is received, where required, from the North
Carolina Division of Environmental Management.
3. US Army Corps of Engineers authorization is received for this proposal.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
[phone] if you have any questions or need further assistance.
Sincerely,
David R. Griffin
District Manager
DRG/dc, .
cc: Preston. P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
Raleigh Bland, USCOE Washington Office
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
WEEPING RADISH
RESTAURANT & BREWERY
Highway 64, P.O. Box 1471
Manteo, NC 27954
[phone]
[phone] (Office)
[phone] (Fax)
February 15, 1995
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment, Health,
and Natural Resources
P.O. Box 29535
Raleigh, N.C.
27626-0535
att: Mr. John Dorney

Re: Minor Nationwide Permit for the Filling of 1/10th of an acre
Dear Mr. Dorney:
Please find enclosed the above referenced application. Mickey Suggs
of the Washington Office of the Corps was very kind in helping me
prepare this request. I have contacted the Elizabeth City CAMA
office and they have no regulatory interest in this matter.
As explained in the application, we operate a fairly high volume
restaurant and brewery and we are very short of car parking during
our summer season. The only alternative to this project would be
the large scale destruction of our gardens, which does not only
provide shaded areas, walkways, playgrounds and seating for our
customers, but it is also an integral part of the overall
appearance of the Roanoke Corridor, which is a major effort backed
by State legislation to maintain beauty and visual integrity of
every property on Highway 64/264. The Town of Manteo Planning
Department has been informed of this application and is aware of
our desire to increase parking. They have no objection to our
plans.
Please feel free to contact me, if you have any questions.
Sincerely yours,
Uli Bennewitz
Encl.:
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DENT ID: q,5 g ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft $ . a
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTA
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIROI`
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
A= CESAW CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
0 199!5
MANAGEMENT.
1. Owners Name: Weeping Radish Partners d/b/a The Weeping Radish Restaurant f Brewery
2. Owners Address: P.O. Box 1471 DIanteo, N.C. 279S4
3. Owners Phone Number (Home): (919) 473- 1991 (Work): (919) 473- 1991
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Uli Bennewitz, General Partner address as above
5. Location of work (MUST ATTACH MAP). County: Dare
Nearest Town or City: in the city limits of Manteo
Specific Location (Include road numbers, landmarks, etc.): Highway 64
6. Name of Closest Stream/River: Shallowbag Bay
7. River Basin: Roanoke Sound
8. Is this project located in a watershed classified as Trout, SA, HQW,?ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [1?
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
2 acres
11. Number of acres bf waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 1/10th of an acre
Drained:
Flooded:
Excavated:
Total Impacted: 1/10th of an acre
477- -C
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Extension of existing
car park in an area between our existing car nark and our buildings
13. Purpose of proposed work: To provide additional car parking for the restaurant
This parking is desperately needed to alleviate congestions during the summer season
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. This is the only area available for exnansi on other than
the actual gardens, which would ruin the appearance of the highway corridor.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened spec W's or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES N ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
]
properties in the permit area which may be affected by the proposed project? Have you done so? YES [?] NO[
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Commercial, Retail and Restaurant
R If applicable, what is proposed method of sewage disposal? n/a
Owner's Signature. Date
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