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HomeMy WebLinkAbout93-15EX Three Diamonds NC LLCPermit Clash NEW (EXPRESS. PERMIT PROGRAM) STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 'Vernnit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 93-15 Issued to Three Diamonds NC, LLC, P.O. Box 1532, Kill Devil Hills, NC 27948 , authorizing development in Dare County at 24420 NC Highway 12, Rodanthe, adiacent the Pamlico Sound, as requested in the permittee's application dated 9/8/15, including the attached workplan drawings (1-8), dated 08/04/2015. This permit, issued on September 20, 2015 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below: Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this permit authorizes a commercial building, parking, waste water treatment disposal system, stormwater management system, a zip line course, an elevated rope course, a mini -golf course, and a retaining wall/bulkhead within and adjacent to the Estuarine Shoreline Area of Environmental Concern, all as depicted in the attached permit application and workplan drawing(s). Sedimentation and Erosion Control 2) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent watercourses and property (e.g. silt fence, diversion swales or berms, etc.). (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. tx(on C. Davis, Director of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Three Diamonds NC, LLC Permit No. 93-15 Page 2 of 2 ADDITIONAL CONDITIONS 3) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. NOTE: An Erosion and Sedimentation Control Plan has been approved on 08/14/15 by the Division of Energy, Minerals and Land Resources, Plan #Dare 2016-001. Stormwater Management 4) The Division of Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW71150804, which was issued on 08/18/15..Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. - General 5) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 6) The permittee and/or his/her contractor shall meet on site with a representative of the Division prior to project initiation. 7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to commencement of any such activity for this determination. NOTE: The U.S. Army Corps of Engineers does not require a permit for the proposed work. NOTE: An express permit application processing fee of $4,000 was received by the Department of Environment and Natural Resources for this project. NOTE: The permittee is advised that any development or land disturbing activity that is considered non - water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. f 'g AUG ? 2 2015 WFUCARON Ur Major DeOelopment'ermit (last revised 12127/06) Norfh.Carolina DIVISION OF COASTAL MANAGEMENT 1., PrimatyApplicant/LandownerInformation Business Name Project Name (if applicable) Three Diamonds NC, LLC Rodanthe Family Entertainment Center Applicant 1: First Name MI Last Name David Peres Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1532 Kill Devil Hills NC ZIP Country Phone No. FAX No. 27948 USA 252-564-4694 ext. Street Address (if diferentfrom above) City State ZIP 1217 S. Croatan Hwy. Kill Devil Hills NC 27948- Email mywoodcat@yahoo.com 2: Agenl/Confracforinformafion Business Name Bissell Professional Group Agent/ Contractor 1: First Name ' MI Last Name Mark S. Bissell Agent/ Contractor 2: First Name MI Last Name David M. Mebitz Mailing Address PO Box City 7; State 1068 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3266 ext. 231 252 - 261 - 3266 ext. 244 FAX No. Contractor# 252 261 1760 Street Address (if different from above) City State ZIP 3512 North Croatan Hwy. Kitty Hawk NC 27949 - Email - .. mark@bissellprofessionalgroup.com RECEIVED SEP 0 9 20h <Form continues on back> �8?-EGti-2805 .. 1•gB&-4!F32:0.4?Sa .. vawwr.t:cca::=8alrrana+�ornant.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit AUG ?_ 20Z t 3 ' Project Locatiion ;` - ...>> County (can be multiple) Street Address " State Rd. # Dare 24420 NO 12 Highway' " ' NC12 Subdivision Name City State Zip Oceanaire Division Rodanthe NC 27966 - Phone No. Lot No.(s) (rf many, attach additional page with fist) ext. I-R, a. In which NO river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city Ilmit the proposed NYes []No work falls within. Dare County 4 `,Site Description r ; t a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 223 ft. 92,056sf. c..Size of individual lot(s) d. Approximate elevation of tract above NHW (normal h/gh water) or N/A I NWL (normal water/even (If many lot sizes, please attach additional page with a list) 3 to 4 feet ❑ NHW or NNWL e. Vegetation on tract Scrub grasses and other low native vegitation, with some bare sand areas. f. Man-made features and uses now on tract Residential gravel from former motel parking area. g. Identify and describe the existing land uses adiaoent to the proposed project site. North - commercial (restaurant and vacant parcel) South - condominiums and retail shops h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? S -1 ( all uses permited) (Attach zoning compliance certificate, if applicable) NYes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No NNA If yes, by whom? . I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 2.809-2808 :: 1-888-4RCO ST :: www.nccoestaimanagement.net Fdmi bC14 MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes ®No (li) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes []No (Attach documentation, if available)- n. Describe existing wastewater treatment facilities. - -- N/A 1 1 o. Describe existing drinking water supply source. Public water supply from Dare County _ p. Describe existing stone water management or treatment systems. - None existing; proposed high -density Infiltration system. 5 Achwtres and /mpacfs > a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Indoor and outdoor recreational facilities to include a 11,500 +/- sq. ft. building with rock - climbing wall and plaza area, miniture golf, aerial ropes course and zip line. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical commercial building construction and site development, with erosion control measures and stormwater BMP's constructed first, followed by imported sand fill to elevate building pad area and slope parking areas to BMP's. d. List all development activities you propose. Bulkhead retaining wall construction, site filling and grading, stormwater collection and treatment system, building and parking area construction, on -site wastewater disposal system, outdoor recreational facility construction. e. Are the proposed activities maintenance of an existing project, new work, or both? New work/re-development f. What is the approximate total disturbed land area resulting from the proposed project? 94,240 ®Sq.Ft or ❑Acres g. WIII the proposed project encroach on any public easement, public accessway or other area [_]Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing: site slopes toward Pamlico Sound; runoff sheet flows across site to sound. Proposed: collection and infiltration of runoff capacity based on difference of pre and post development during lyr storm event; overflow directed to level spreaders and vegetative filters. I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA J. Is there any mitigation proposed? ❑Yes []No ®NA If yes, attach a mitigation proposal. RECEIVED SEP ® 9 20h <Form continues on back> p Wyly vm' 252.808.2808 :: 1-888-418COAST :: wwwr. ncconsta l management. net Form DCM MP-1 (Page 4 of 4) AZRLICATION for Major Development Permit S.- Additional lnformation " In addition to this conmpieted `Spplrcatioo form; (MP-1) the tollowmg items below rf applcable must be submlffed in order /or the appkcahon package to be complete. Items (a) -7@ are always applicable tit any major development application: Please consult the application instruction booklet on how to properlyprepaiii"the regrared items below... a. A project narrative. Included b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. Included c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Included d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affectedproperties.Include e. The appropriate application fee. Check or money order made payable to DENR. Included -TALVAPID yN W 9! CCO -e*7EV& f. 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. Riparian owners have signed off. ,Name Ron and Don; LLC? _ _ Phone No 262 987 5535 Address P O: Box 444 ,Rogantha NQ;27968 Name Waves Village, LLC Phone No. 252-202-1903 Address P.0./ Box 1839, Nags Head, NC 27959 Name _ Phone N' -Address - ;- g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None h. Signed consultant or agent authorization form, if applicable. Included 1. Wetland delineation, if necessary. N/A j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N/A k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that ariypermit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. 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 roject. I further ce /t%11 t formatio provided in this applicatI is tprru/th�fuull jo the best of mow,lee e. Date /� / ]L i'7' Print Name 1L5ht— I J_ I Signarr Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts AUG 12 2015 R6CM MP-3 Upland Development ❑DCM MP-4 Structures Information i 70 eP On �r 252-608.2808 :: 1-888.4fRCOAST :: www.nccoastalmanagernent.net i< Form DCM MP-3 UPLAND DEVELOPMENT!--- (Construction and/or land disturbing activities) i.i S... v i _: J AUG 12 2015 (:Lt�er Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Jolnt Application that relate to this proposed project. Please include all supplemental 1 =1" a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One (note: recombination of what was previously 3 lots) One principle structure; accessory structures including bulkhead, zip line towers, elevated ropes course stations, and miniature golf course. c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. none (commercial) 94,240 s.f. e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Concrete, asphalt, synthetic putting surface activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No ❑NA (ii) If yes, list the date submitted: Concurrent with CAMA major g. Give the percentage.of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stornwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (1) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 13.8 % ®Yes []No ❑NA 1. Give the percentage of the entire tract to be covered by impervious (it) If yes, list the date submitted:, Concurrent with CAMA and/or built -upon surfaces, such as pavement, building, rooftops, major or to be used for vehicular driveways or parking. 54.3 % J. Describe proposed method of sewage disposal. k. Have the facilities described in Item (1) received sr local On -site bed type wastewater disposal system under approval? RECE, jurisdiction of Dare County Environmental Health. ❑Yes ®No ❑NA 915b © If yes, attach appropriate documentation. SE- QNpt I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, Industrial/ commercial effluent, "wash down" and residential discharges). Stormwater runoff in excess of design storm overflows to 2 levelspreaders located at 50' buffer to surface water, and through vegetative filters. m. Does the proposed project Include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. 252.608.28082:: 1.888.4RCOAST:: www.nccoastalmanaaement,net revised: 12/26/06 F0VM 006v�11 MP-3 (Upgand Deve&a-pimeM, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County public water system. o. When was the lot(s) platted and recorded? Recombination plat recorded 09-04-2014 �j l n. (1) Will water be impounded? ❑Yes ®No ❑NA (11) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? []Yes []No ®NA 252.808.2808 :: reviisvd7 12/26106 CII MF1 APPLICATION Mr AU6 2 2015 Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name (if applicable) Three Diamonds NC, LLC Rodanthe Family Entertainment Center Applicant 1: First Name MI Last Name David Peres Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City 1532 KIII Devil Hills FNC ZIP Country Phone No. FAX No. 279" USA 252-564--4694 ext. - Street Address (if diferent from above) City State ZIP 1217 S. Crostan Hwy. Kill Devil Hills NC 27948- Email mywoodcat@yahoo.com 2. Agent/Contractor Information Business Name Bissell Professional Group Agentl Contractor 1: First Name MI Last Name Mark S. Bissell Agent/ Contractor 2: First Name MI Last Name David M. Klebitz Mailing Address PO Box City State 1068 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252 - 261 - 3266 ext. 231 252 - 261 .3266 ext. 2" FAX No. Contractor# 252 261 1760 Street Address (if different from above) City State ZIP 3512 North Croatan Hwy. Kitty Hawk NC 27949 - Email mark@bissellprofessionalgroup.com RECEIVED SEP 0 9 2015 <Form continues on back> OkWASW41094 252.8G8.2808 ., 1.888.4nCOAST .. wrt at. r:c sazsd<:rr:ar.ags nient.net Form DCM MP-1 (Page 2 of 4) APP+:iCJN for , Major Development Permit AUG ' 2 2015 3. Project Location County (can be multiple) Street Address State Rd. # Dare 24420 INC 12 Highway NC12 Subdivision Name City State Zip Oceanaire Division Rodanthe NC 27868 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. I-R, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) 223 ft. 82,058sf. c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NAA, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3 to 4 feet ❑NHW or ®NWL e. Vegetation on tract Scrub grasses and other low native vegitation, with some bare sand areas. f. Man-made features and uses now on tract Residential gravel from former motel parking area. g. Identify and describe the existing land uses adiacent to the proposed project site. North - commercial (restaurant and vacant parcel) South - condominiums and retail shops h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? S -1 ( all uses permited) (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> 52-808.2808 :: 1-888.4RCOAST :: www.nccog?staiwanagement.net krrm UahS MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (II) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? []Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities.- --' ---- - N/A o. Describe existing drinking water supply source. Public water supply from Dare County p. Describe existing stone water management or treatment systems. None existing; proposed high -density infiltration system. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PublidGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Indoor and outdoor recreational facilities to include a 11,500 +1- sq. ft. building with rock - climbing wall and plaza area, miniture golf, aerial ropes course and zip line. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical commercial building construction and site development, with erosion control measures and stormwater BMP's constructed first, followed by imported sand fill to elevate building pad area and slope parking areas to BMP's. d. List all development activities you propose. Bulkhead retaining wall construction, site filling and grading, stormwater collection and treatment system, building and parking area construction, on -site wastewater disposal system, outdoor recreational facility construction. e. Are the proposed activities maintenance of an existing project, new work, or both? New worklre-development f. What is the approximate total disturbed land area resulting from the proposed project? 94,240 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing: site slopes toward Pamlico Sound; runoff sheet flows across site to sound. Proposed: collection and infiltration of runoff capacity based on difference of pre and post development during 1yr storm event; overflow directed to level spreaders and vegetative fillers. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA J. Is there any mitigation proposed? []Yes ❑No ®NA If yes, attach a mitigation proposal. RECEIVED SEP 0 9 2015 <Form continues on back> �, .4tnu 252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement. net Form DCM MP-t (Page 4 of 4) AFPJ.IGA4N for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. Included b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. Included c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Included d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties.Indud ed e. The appropriate application fee. Check or money order made payable to DENR. Included I JN $d wo f. 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. Riparian owners have signed off. Name Ron and Don, LLC Phone No. 262-987-6536 Address P.O. Box 4", Rodanthe, NC 27968 Name Waves Village, LLC Phone No. 262-202-1903 Address P.OJ Box 1839, Nags Head, NC 27959 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None h. Signed consultant or agent authorization form, if applicable. Included I. Wetland delineation, if necessary. N/A j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N/A k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 1 7. 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 the conditions and restrictions contained in the permit. 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 theproject.. I further ce t t el t' provided in this applicati 's ruthful to the best of myJylgyvled a. Date (I Print Name I /✓�(��1 Sign Please indicate application attachments pertaining to your proposed project. ❑�DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts AUG ° 22015 R15CM MP-3 Upland Development ❑DCM MP-4 Structures Information i O 252-808.2808 :: 1.888.4RCOAST :: www.nccoastz.imanagement.net O Form DCM MP-3 FAUG' 12 2015 UPLAND DEVELOPMENT"` i (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joirit Application that relate to this proposed project. Please include all supplemental infomwa0m.•- Y>-*-•.«_. K. ,:.._••. -< > 4""'" GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed' One (note: recombination of what was previously 3 lots) One principle structure; accessory structures including bulkhead, zip line towers, elevated ropes course stations, and miniature golf course. c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads, acre). ditches, etc. none (commercial) 94,240 s.f. e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for Impervious surfaces. sedimentation control plan at least 30 days before land -disturbing Concrete, asphalt, synthetic putting surface activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes []No ❑NA (if) If yes, list the date submitted: Concurrent with CAMA major g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stonnwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 13.8 % ®Yes []No ❑NA i. Give the percentage of the entire tract to be covered by impervious (if) If yes, list the date submitted: Concurrent with CAMA and/or built -upon surfaces, such as pavement, building, rooftops, major or to be used for vehicular driveways or parking. 54.3 % 1. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received sr local On -site bed type wastewater disposal system under approval? %SCSI jurisdiction of Dare County Environmental Health. ❑Yes ®No ❑NA 910(j 0 If yes, attach appropriate documentation. SEQ��,�,yH��tw I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g.. surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). ❑Yes ®No ❑NA Stormwater runoff in excess of design storm overflows to 2 If yes, attach appropriate documentation. levelspreaders located at 50' buffer to surface water, and through vegetative filters. 252-608.28082 :: 1.8884RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form MM MP-3 qupland Dearee0opmen3, page 2 of 2➢ m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County public water system. o. When was the lots) platted and recorded? Recombination plat recorded 09-04-2014 /r/1� Date RODWrAr ;;Wvcy BaV M71M/~ t svw2 Project Name O M2 or's Applicant Name Applicant Signature n. (!)Will water be impounded? []Yes ®No ❑NA (fi) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA 252-€0€-280€ :: 1-SSS-4111COAS T :: revised: 12I26/OS North Carolina Department of Environmental Quality Pat McCrory Governor September 21, 2015 Three Diamonds NC, LLC P.O. Box 1532 Kill Devil Hills, N.C. 27948 Dear Sir or Madam: Donald R. van der Vaart Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure ^ Sincerely, ,"�j� 11 Q_ Douglas V. Huggc Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity l Affirmative Acton Employer —Made in part by recycled paper r, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT: EXPRESS PERiWT REVIEW 1. APPLICANT'S NAME: Three Diamonds NC, LLC Project Name: Rodanthe Family Entertainment Center 2. LOCATION OF PROJECT SITE: 24420 NC 12 HWY, (across from SR 1247 — Atlantic Drive) Rodanthe, Dare County, adjacent Pamlico Sound Photo Index — 2006: 174-7845, R-4 2000: 175-2058, H-21 1998: 38-893, 1-15 1995: 174-1800, E,F-9 1989: 5203-8, H,1-13 1978: 89-1331 M,N-12 Lat/Long: 350 35'04.50" N 75' 28'06.38" W 3 El State Plane Coordinates - X: 3049800 INVESTIGATION TYPE: CAMA Y: 686400 Rodanthe NC UR INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/11/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 08/12/15 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Shoreline (ES) (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Onsite bed type wastewater disposal system (F) Type of Structures: Existing - None Planned - One principle structure, upland bulkhead, zip - line towers, parking areas, elevated rope course, mini -golf for later development (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] r1RFn(;FD FILLED OTHER (A) Uplands - ES DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT: EXPRESS PERiWT REVIEW 1. APPLICANT'S NAME: Three Diamonds NC, LLC Project Name: Rodanthe Family Entertainment Center 2. LOCATION OF PROJECT SITE: 24420 NC 12 HWY, (across from SR 1247 — Atlantic Drive) Rodanthe, Dare County, adjacent Pamlico Sound Photo Index — 2006: 174-7845, R-4 2000: 175-2058, H-21 1998: 38-893, 1-15 1995: 174-1800, E,F-9 1989: 5203-8, H,1-13 1978: 89-1331 M,N-12 Lat/Long: 350 35'04.50" N 75' 28'06.38" W 3 El State Plane Coordinates - X: 3049800 INVESTIGATION TYPE: CAMA Y: 686400 Rodanthe NC UR INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/11/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 08/12/15 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Shoreline (ES) (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Onsite bed type wastewater disposal system (F) Type of Structures: Existing - None Planned - One principle structure, upland bulkhead, zip - line towers, parking areas, elevated rope course, mini -golf for later development (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] r1RFn(;FD FILLED OTHER (A) Uplands - ES 2,235 sq. ft. 5,000 sq. ft. graded (B) Upland 48,860 sq. ft. 33,963 sq. ft. graded (C) Total Area Disturbed: 90,058 sq (E) Primary Nursery Area: No (F) Water Classification: SA; HQW ft. (2.2 acres) Open: Yes RECEIVED SEP 0 9 yob W FIELD INVESTIGATION REPORT: EXPRESS IPERhWT REVIEW Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a commercial building with parking for bowling, laser tag, and an arcade area and outside recreational activities. Project Setting — Site Description The site of the proposed development is located at 24420 NC 12 Highway, Rodanthe Village, Dare County, and on the Pamlico Sound. The site is on the west side of the intersection of SR 1247, Atlantic Drive and NC 12. The property is just over two acres in size (90,058 sq. ft. +) and is flat with elevations ranging from +4 feet to 0 at Normal Water Level (NWL). The property has sandy soils and is vegetated with native grasses and low vegetation (Panicum, Virginia creeper, Indian blanket) with some bare areas. The property has approximately 220 feet of shoreline on the Pamlico Sound. The shoreline area is a sand beach with no stabilization structures; however, there are 4 relic piling stubs located along the beach. The property was previously used for a small motel with a swimming pool and parking area, which have been removed. A small amount of concrete and gravel from the former parking area and rubble from the demolished building and pool remain on site. The adjacent property to the north has a shoreline bulkhead located approximately 32 feet waterward of the applicant's shoreline. The property is developed as a restaurant. The adjacent riparian property to the south has a shoreline bulkhead and a riprap groin along the southern property line, and is the site of a condominium building. The waters of the Pamlico Sound in this area are classified as SA, HQW and are open to shellfishing. Development Proposal The applicant proposes to construct a 11,745 sq. ft. commercial building, a 24,221 sq. ft. parking area, 4,148 sq. ft. of sidewalk, a waste water treatment disposal system, a stormwater management system, a zip line course, an elevated rope course, and a mini -golf course. Construction and development activities proposed for the Estuarine Shoreline (ES) Area of Environmental Concern (AEC) consist of a 141 linear foot retaining wall/bulkhead to be located 50 feet landward of NWL and to run parallel to the shoreline. The retaining wall will be approximately 2-1/2 feet above the existing grade and the area landward of the retaining wall will be back filled to an elevation of approximately +5-1 /2 feet. Four, 8-foot by 8-foot platforms, each with a support piling, associated with the proposed elevated rope -_,,course will be, either totally or partially, located within the ES AEC. Approximately 4,950 sq. It. within the ES AEC will be graded as part of an engineered filter strip, and the area Itabilized by laying sod. A 4-foot wide concrete walkway to a stairway at the retaining wall O m'[I allow pedestrian access. 19 "' �s s OV _r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor September 4, 2015 MEMORANDUM: To: Frank Jennings District Manager Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Dyk Luben, P.E., Regional Engineer, PWSS/WaRO Subject: CAMA PERMIT Application Review Applicant: Three Diamonds NC, LLC Donald R. van der Vaart Secretary Project Location: 24420 NC 12 Hwy, Rodanthe, Dare Co., adjacent Pamlico Sound Proposed Project: Commercial building, parking, waste water treatment disposal system, stormwater management system, a zip line course, an elevated rope course, a mini -golf course, and a retaining wall/bulkhead REPLY: This office has no objection to the project as proposed. X 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 Public Water Supply Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX, 252-948-00401 Internet, www.ncwater.org/pws/ An Equal Opportunity 1 Affirmative Action Employer DATE 9/4/2015 RECEIVED SEP 0 9 its L4eyA&"y tn' 0 FIELD INVESTIGATION REPORT: i6�r � FEdM 11 a 1Jli R' Page 3 Anticipated Impacts The development proposal will result in approximately 5,000 sq. ft. of ES graded and stabilized by sod, and approximately 2,235 sq. ft. located landward of the proposed retaining wall being filled and developed as a mini -golf course, which combined with the sidewalk will result in 13.8% impervious coverage. All development proposed for outside the ES AEC will result in approximately 48,860 sq. ft. of impervious coverage. The total area of disturbance for this project is 90,058 sq. ft. (2.2 acres) Submitted by: Frank Jennings Date: 08/13/15 RECEIVED SEP 0 9 JA j�'bpAiwl IN Project Narrative RIHEIVED AUG 12 2015 ELID,3 Y olY The Rodanthe Family Entertainment Center is to be constructed on a siterofapptdXii�t21q'Tr�3iri area in Rodanthe, NC directly west of the intersection of NC Highway 12 with Atlantic Drive. The site was previously developed as a motel, which has since been demolished. The site presently is undeveloped and unimproved. Presently, the sites ground cover is made up primarily of native grasses and low vegetation, with some bare sand areas. There is a small amount of concrete and gravel from the former parking area, as well as some rubble from the demolished building and related infrastructure. The site is within the Dare County planning and zoning jurisdiction and is currently zoned 5-1, a zoning district that allows all residential and commercial uses. To the north is a commercial/restaurant facility owned by Ron and Don, LLC, and to the south is the Waves Village condominium project, a mixture of retail shops and condominium units. The proposed uses will be a combination of indoor and outdoor recreation facilities. The principal use will be a building of approximately 11,500 square feet in area which will house laser tag, bowling and an amusement arcade. The building will be a single story, with the exception of a small office that will be located on an elevated mezzanine area. The building will be elevated approximately 1.2 feet above the hundred year base flood elevation of 8.0 feet msl. The site will have a 600 gallon per day on -site bed type wastewater disposal system. This will be under jurisdiction the Dare County Department of Environmental Health. Parking will consist of an asphalt surface course over 6" ABC base. The parking areas and drive aisles will be sloped to two proposed stormwater BMPs that will serve as infiltration basins. The development is seeking a High Density stormwater permit from the state of North Carolina, along with an Erosion & Sedimentation Control permit for land disturbance in excess of one acre. Outdoor recreational uses that are proposed include a miniature golf course, an aerial ropes course built on elevated wooden structures, and a zip line. The zip line receiving station will be constructed on an elevated wood platform. A bulkhead/retaining wall approximately 3 feet high is proposed to separate the developed site area from the sandy beach; all development activities will be located east of the VE zone line, with the exception of 2 level spreaders and vegetative filters required per the high density stormwater buffer rules. The retaining wall will help facilitate the direction of stormwater runoff from the miniature golf course to BMP. RECEIVED Public water supply and fire protection will be provided by the Dare County Water System; an existing 8" water main that runs along NC 12 in front of the site will be tapped to provide the faci8Ef s4a iRsupply. The Dare County Planning Department and Dare County Environmental Health have performed a preliminary review of the plan, and have not identified obstacles to its approval for construction. The facility is intended to provide indoor and outdoor recreational opportunities for residents and visitors to Hatteras Island. ys DCM Coordinator:Te 7 17 1 _ Permit N: / MAILING DISTRIBUTION SHEET L/ Permitee: Agents: B 5 s e (( �l 4s 5- u .,( C�(e✓ P6,6C r 1 b 1jr � 1/�wY if/G DCM Field Offices 6 / Elizabeth City t/ (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott INC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly Liz Hair Cultural Resources: / Renee Gledhill -Early L Public Water Supply: Diane Williams(WIRO) Joey White (WARD)) Marine Fisheries: Shane Staples V/ Gregg Bodnar NC DOT: Ken Pace V � / Shellfish Sanitation: Patti Fowler v Shannon Jenkins/Jeremy Humphrey State Property: Tim Walton t/ Water Resources: / Karen Higgins (Raleigh) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis-401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- StoFmwater Wildlife Resources: Maria Dunn✓/ LPO: NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 14, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary EXPRESS PERMIT REVIEW PROGRAM Lee Padrick Division of Community Assistance Frank Jennings, District Manager NE District, Division of Coastal Management CAMA Permit Application Review Three Diamonds NC, LLC 24420 NC 12 Hwy, Rodanthe, Dare County, adjacent Pamlico Sound Proposed Project: Commercial bldg, parking, waste water treatment disposal system, stormwater management system, a zip line course, an elevated rope course, a mini -golf course, and a retaining wall/bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form by 09/04/15. If you have any questions regarding the proposed project, please contact me at (252) 264-3901, ext. 235. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. �/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED `� -�g DATE O - Zl _ iS RFCENED AU& 2 4 1015 1367 US 17 South, Elizabeth City, NC 27909 tom*.Wp der., Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD EXPRESS PERMIT REVIEW PROGRAM A) APPLICANT: Three Diamonds NC, LLC County: Dare LOCATION OF PROJECT: 24420 NC 12 Hwy, Rodanthe, adjacent Pamlico Sound DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 08/12/15 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: N/A DISTRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: Frank Jennings Date: 08/14/15 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ PUBLIC NOTICE REC'D: Advertise: 08/19/15 ADJ. RIP. PROP NOTICES REC'D: 08/12/15 END OF NOTICE DATE: Comments due: 09/08/15 DEED RECD: 08/12/15 APPLICATION ASSIGNED TO: S,0n A; n % S ON: Ii/1 W C) 30 DAY DEADLINE: 09/11/15 MAIL OUT DATE: Circulation: 08/14/15 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 09/04/15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY. DRAFT ON DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES AGENCY Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section--DEMLR DWR/DWQ — Aquifer Protection DWR/DWQ - Storm Water DWR—Public Water Supply RECEIVED 7r , State Property Office Aug r Division of Archives & History —Cultural Res. dW Division of Env. Health —Shellfish Sanitation Division of Highways --DOT Wildlife Resources Commission Local Permit Office —Planning Dept. DMF—DCM Fisheries Resource Specialist Corps of Engineers DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT: EXPRESS PERMIT REVIEW 1. APPLICANT'S NAME: Three Diamonds NC, LLC Project Name: Rodanthe Family Entertainment Center 2. LOCATION OF PROJECT SITE: 24420 NC 12 HWY, (across from SR 1247 — Atlantic Drive) Rodanthe, Dare County, adjacent Pamlico Sound Photo Index — 2006: 174-7845, R-4 2000: 175-2058, H-21 1998: 38-893, 1-15 1995: 174-1800, E,F-9 1989: 5203-8, H,I-13 1978: 89-1331 M,N-12 Lat/Long: 35° 35'04.50" N 75' 28'06.38" W 0 n State Plane Coordinates - X: 3049800 INVESTIGATION TYPE: CAMA Y: 686400 Rodanthe NC UR INVESTIGATIVE PROCEDURE: Dates of Site Visit — 08/11/15 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 08/12/15 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - Conservation (B) AEC(s) Involved: Estuarine Shoreline (ES) (C) Water Dependent: No (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Onsite bed type wastewater disposal system (F) Type of Structures: Existing - None Planned - One principle structure, upland bulkhead, zip - line towers, parking areas, elevated rope course, mini -golf for later development (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] nRFnGFn FILLED OTHER (A) Uplands - ES 2,235 sq. ft. 5,000 sq. ft. graded (B) Upland 48,860 sq. ft. 33,963 sq. ft. graded (C) Total Area Disturbed: 90,058 sq (E) Primary Nursery Area: No (F) Water Classification: SA; HQW ft. (2.2 acres) Open: Yes RECEIVED AUG 17 2015 FIELD INVESTIGATION REPORT: EXPRESS PERMi tl uREVIIEIR Page 2 8. PROJECT SUMMARY: The applicant proposes to construct a commercial building with parking for bowling, laser tag, and an arcade area and outside recreational activities. Project Setting — Site Description The site of the proposed development is located at 24420 NC 12 Highway, Rodanthe Village, Dare County, and on the Pamlico Sound. The site is on the west side of the intersection of SR 1247, Atlantic Drive and NC 12. The property is just over two acres in size (90,058 sq. ft. +) and is flat with elevations ranging from +4 feet to 0 at Normal Water Level (NWL). The property has sandy soils and is vegetated with native grasses and low vegetation (Panicum,,Virginia creeper, Indian blanket) with some bare areas. The property has approximately 220 feet of shoreline on the Pamlico Sound. The shoreline area is a sand beach with no stabilization structures; however, there are 4 relic piling stubs located along the beach. The property was previously used for a small motel with a swimming pool and parking area, which have been removed. A small amount of concrete and gravel from the former parking area and rubble from the demolished building and pool remain on site. The adjacent property to the north has a shoreline bulkhead located approximately 32 feet waterward of the applicant's shoreline. The property is developed as a restaurant. The adjacent riparian property to the south has a shoreline bulkhead and a riprap groin along the southern property line, and is the site of a condominium building. The waters of the Pamlico Sound in this area are classified as SA, HQW and are open to shellfishing. LCPVLP AUG 17 1015 Development Proposal The applicant proposes to construct a 11,745 sq. ft. commercial building, a 24,221 sq. ft. parking area, 4,148 sq. ft. of sidewalk, a waste water treatment disposal system, a stormwater management system, a zip line course, an elevated rope course, and a mini -golf course. Construction and development activities proposed for the Estuarine Shoreline (ES) Area of Environmental Concern (AEC) consist of a 141 linear foot retaining wall/bulkhead to be located 50 feet landward of NWL and to run parallel to the shoreline. The retaining wall will be approximately 2-1/2 feet above the existing grade and the area landward of the retaining wall will be back filled to an elevation of approximately +5-1/2 feet. Four, 8-foot by 8-foot platforms, each with a support piling, associated with the proposed elevated rope course will be, either totally or partially, located within the ES AEC. Approximately 4,950 sq. ft. within the ES AEC will be graded as part of an engineered filter strip, and the area stabilized by laying sod. A 4-foot wide concrete walkway to a stairway at the retaining wall will allow pedestrian access. FIELD INVESTIGATION REPORT: EIXPI ESE FIEPMWa 6dti 'JJ1'w Page 3 Anticioated Impacts The development proposal will result in approximately 5,000 sq. ft. of ES graded and stabilized by sod, and approximately 2,235 sq. ft. located landward of the proposed retaining wall being filled and developed as a mini -golf course, which combined with the sidewalk will result in 13.8% impervious coverage. All development proposed for outside the ES AEC will result in approximately 48,860 sq. ft. of impervious coverage. The total area of disturbance for this project is 90,058 sq. ft. (2.2 acres) Submitted by: Frank Jennings Date: 08/13/15 RECEIVED AUG 17 P015 uw�' ��nnf •al:.'� Slat L 9Qtl oania03v Project Narrative RECEIVED AUG 12 2015 COAST P}a,t1 'CTJT ELIZ-d eT=1 _'IY The Rodanthe Family Entertainment Center is to be constructed on a site of appYttitf Ate1rZ'bTi M ' I area in Rodanthe, NC directly west of the intersection of NC Highway 12 with Atlantic Drive. The site was previously developed as a motel, which has since been demolished. The site presently is undeveloped and unimproved. Presently, the sites ground cover is made up primarily of native grasses and low vegetation, with some bare sand areas. There is a small amount of concrete and gravel from the former parking area, as well as some rubble from the demolished building and related infrastructure. The site is within the Dare County planning and zoning jurisdiction and is currently zoned S-1, a zoning district that allows all residential and commercial uses. To the north is a commercial/restaurant facility owned by Ron and Don, LLC, and to the south is the Waves Village condominium project, a mixture of retail shops and condominium units. The proposed uses will be a combination of indoor and outdoor recreation facilities. The principal use will be a building of approximately 11,500 square feet in area which will house laser tag, bowling and an amusement arcade. The building will be a single story, with the exception of a small office that will be located on an elevated mezzanine area. The building will be elevated approximately 1.2 feet above the hundred year base flood elevation of 8.0 feet msl. The site will have a 600 gallon per day on -site bed type wastewater disposal system. This will be under jurisdiction the Dare County Department of Environmental Health. Parking will consist of an asphalt surface course over 6" ABC base. The parking areas and drive aisles will be sloped to two proposed stormwater BMPs that will serve as infiltration basins. The development is seeking a High Density stormwater permit from the state of North Carolina, along with an Erosion & Sedimentation Control permit for land disturbance in excess of one acre. Outdoor recreational uses that are proposed include a miniature golf course, an aerial ropes course built on elevated wooden structures, and a zip line. The zip line receiving station will be constructed on an elevated wood platform. A bulkhead/retaining wall approximately 3 feet high is proposed to separate the developed site area from the sandy beach; all development activities will be located east of the VE zone line, with the exception of 2 level spreaders and vegetative filters required per the high density stormwater buffer rules. The retaining wall will help facilitate the direction of stormwater runoff from the miniature golf course to BMP. Public water supply and fire protection will be provided by the Dare County Water System; an existing 8" water main that runs along NC 12 in front of the site will be tapped to provide the facility's water supply. RECEIVED AUG 17 1015 w) C�w The Dare County Planning Department and Dare County Environmental Health have performed a preliminary review of the plan, and have not identified obstacles to its approval for construction. The facility is intended to provide indoor and outdoor recreational opportunities for residents and visitors to Hatteras Island. RECEIVED 0; 11 IMS NICE YF1 APPLICATION for AUG ' 2 2015 ;ter major Development Permit (last revised 12/27/06) NojrthCarolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Three Diamonds NC, LLC Rodanthe Family Entertainment Center Applicant 1: First Name MI Last Name David Peres Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1532 Kill Devil Hills NC ZIP Country Phone No. FAX No. 27948 USA 252-564--4694 ext. Street Address (if different from above) City State ZIP 1217 S. Croatan Hwy. Kill Devil Hills NC 27948- Email mywoodcat@yahoo.com 2. Agent(Contractor Information Business Name Bissell Professional Group Agent/ Contractor 1: First Name MI Last Name Mark S. Bissell Agent/ Contractor 2: First Name MI Last Name David M. Klebitz Mailing Address PO Box City State 1068 Kitty Hawk NC ZIP Phone No. 1 Phone No. 2 27949 252.261.3266 ext.231 252-261-3266 ext.244 FAX No. Contractor # 252 261 1760 Street Address (if different from above) City State ZIP 3512 North Croatan Hwy. KHty Hawk NC 27949 - Email mark@bissellprofessionalgroup.com ED <Form continues on back> AUG 11 10b t)CO AIH9 eRN 252-568.261)6 :. f•bE5.4fiCly'}::s :: www.necoastair,s<,nisyement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit AUG ; 2 2015 3. Project Location County (can be multiple) Street Address State Rd. # Dare 24420 NC 12 Highway NC12 Subdivision Name City State Zip Oceanaire Division Rodanthe INC 27968 - Phone No. Lot No.(s) (d many, attach additional page with list) ext. I-R, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank Pamlico Sound c. Is the water body identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Pamlico Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 223 ft. 92,058sf. c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3 to 4 feet ❑ NHW or ZNWL e. Vegetation on tract Scrub grasses and other low native vegitation, with some bare sand areas. I. Man-made features and uses now on tract Residential gravel from former motel parking area. g. Identify and describe the existing land uses adiacent to the proposed project site. North - commercial (restaurant and vacant parcel) South - condominiums and retail shops h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? S -1 ( all uses permited) (Attach zoning compliance certificate, if applicable) ZYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ZNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ZNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ZNo ❑NA RECEIVED National Register listed or eligible property? AUG 1 I w. <Form continues on next page> 252-808-2808 :: 5.888.4 p:Ci)ba S'h' .: www. nccoasta lmanagement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? []Yes ®No (11) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. -- __ ---- N/A o. Describe existing drinking water supply source. Public water supply from Dare County p. Describe existing storm water management or treatment systems. None existing; proposed high -density infiltration system. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliMGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Indoor and outdoor recreational facilities to include a 11,500 +/- sq. ft. building with rock - climbing wall and plaza area, miniture golf, aerial ropes course and zip line. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical commercial building construction and site development, with erosion control measures and stormwater BMP's constructed first, followed by imported sand fill to elevate building pad area and slope parking areas to BMP's. d. List all development activities you propose. Bulkhead retaining wall construction, site filling and grading, stormwater collection and treatment system, building and parking area construction, on -site wastewater disposal system, outdoor recreational facility construction. e. Are the proposed activities maintenance of an existing project, new work, or both? New work/re-development f. What is the approximate total disturbed land area resulting from the proposed project? 94,240 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing: site slopes toward Pamlico Sound; runoff sheet flows across site to sound. Proposed: collection and infiltration of runoff capacity based on difference of pre and post development during lyr storm event; overflow directed to level spreaders and vegetative filters. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ®NA J. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> AUG 17 1015 oe"At, VW 252-808.2808 :: t-888.4RCOAST :: www.nccoestaimanagemGnt.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. Included b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. Included c. A site or location map that is suffidenlly detailed to guide agency personnel unfamiliar with the area to the site. Included d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.Include e. The appropriate application fee. Check or money order made payable to DENR. Included-TAbA)DW AJ 11mv 'iropii f. 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. Riparian owners have signed off. Name Ron and Don, LLC Phone No.252-987-6535 Address P.O. Box 444, Rodanthe, NC 27968 - Name Waves Village, LLC Phone No. 262-202-1903 Address P.O./ Box 1839, Nags Head, NC 27959 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None h. Signed consultant or agent authorization form, if applicable. Included I. Wetland delineation, if necessary. N/A j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N/A k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. 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 the conditions and restrictions contained in the permit. 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 roject./ I further ce tl t e igfgrmati provided in this applicatigp is truthful (o the best of my�g{vleoe. Date / I Print Name /✓(J(ri Sl Sign ur Please indicate application attachments pertaining to your proposed project. 1 ��15 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts AUG 1 26CM MP-3 Upland Development ❑DCM MP4 Structures Information 252-808.2808 .. 1.888.4RCOAST .. www.ncconsta l management. net Form DCM MP-3 r. UPLAND DEVELOPMENT (Construction and/or land disturbing activities) AUG 12 2015 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. Please include all supplemental fnfomtatioa... .-> • » t. u r-,,..... "^` GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. One 'note: recombination of what was reviousl 3 lots) One principle structure; accessory structures including bulkhead, zip line towers, elevated ropes course stations, and miniature golf course. c. Density (give the number of residential units and the units per acre). none (commercial) e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ❑No DNA (ii) If yes, list the date submitted: Concurrent with CAMA major g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 13.8 % I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 54.3 % J. Describe proposed method of sewage disposal. On -site bed type wastewater disposal system under jurisdiction of Dare County Environmental Health. 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Stornwater runoff in excess of design storm overflows to 2 levelspreaders located at 50' buffer to surface water, and through vegetative filters. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 94,240 s.f. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete, asphalt, synthetic putting surface h. Projects that require a CAMA Major Development Permit may also require a Stornwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ❑No DNA (11) If yes, list the date submitted: Concurrent with CAMA major k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative slormwater design? ❑Yes ®No DNA If yes, attach appropriate documentation. RECEIVED AUG 112015 4301446�01:� 252.808.28082:: 1.886-411COAST:: wwwmcccastalmananement.net revised: 112/26/06 FaIr tM OiCM R.gP_3 (UpCawd ®eve0apment, Page 2 off 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County public water system n. (i) Will water be impounded? []Yes ®No ❑NA (ii) If yes, how many acres? o. When was the lots) platted and recorded? Recombination p. If proposed development is a subdivision, will additional utilities be plat recorded 09-04-2014 installed for this upland development? ❑Yes ❑No ®NA Dat�— Rboksop F �,wvcy Gw ar- w Afa6i-I caym2 Project Name 0� (ZI G) (2rE J� r_-s Applicant Name Applicant Signature REGENED AUG l � 1015 252-606-2808 :: 1.668-4RCOAAST :: www-ncccastalmanag,aMGnt.net revised: 12/26/06 For DENR Use ONLY Reviewer;®North Carolina Department of Environment and Submit: Prk';M.AWFA Natural Resources r NCDENR Request for Express Permit Review Tim . Confirm: FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the Porr;tlt Coordinator along with a completed DETAILED narrative, site plan IPDF file) and vicinity map (some items axnected in (he application aep anve of the project location. Please include this form in the application package. • Asheville & Mooresville Regions - Alison Davidson 828-296.4698; alison.davidsonfimcdenr.gov • Fayetteville, Raleigh or Winston-Salem Regions • David Lee 919.791-4203;david.lee(rDncdenglov • Washington Region -Lyn Hardison 252-948.3842;Ivn.hardisonCaDncdonr.gov • Wilmington Region -Cameron Weaver 910-796.7303, cameron.weaverlaDncdenr.gov NOTE: Project application received after 12 noon will be stamped in the following work day. Project Name: RODANTHE FAMILY ENTERTAINMENT CENTER County: DARE Applicant: DAVID PERES, MANAGING MEMBER Company: THREE DIAMONDS NC, LLC Address: 1217 S. CROATAN HWY City: KILL DEVIL HILLS, State: NC Zip: 27948-_ Phone: 252-564-4694, Fax: _ _ Email: mvwoodcat@vando.com Physical Location:24420 NC HWY 12 RODANTHE NC 27968 Project Drains into SA HW0 waters - Water classification 30-22 (for classification see- Sw SIN_ SW NPDES_ _ NPDES _ WQ _ WQ _ E&S _ E&S Other hftp://i)ortal.nodenr.om/web/we/pslcsu/classifications) Project Located in PASQUOTANK River Basin. Is project draining to class ORIN waters? N within % mile and draining to class SA waters Y or within 1 mile and draining to class HOW waters? Y Engineer/Consultant: MARK BISSEWDAVID KLEBITZ Company: BISSELL PROFESSIONAL GROUP Address: 3512 N. CROATAN HWY City: KITTY HAWK, State: NC Zip: 27949-_ Phone: 252-261-3266, Fax: 252-261-1760, Email: DAVEK@BISSELLPROFESSIONALGROUP.COM PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE $_ #_JOBS SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: _ RECEIVED SECTiOK TtrtTO: CHECK ONLY THE PROGRAM (SS) YOU ARE REQUESTING FOR EXPRESS PERMITTING A06 111015 ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please affach TOPO map marking the areas in questions y 4uow" i ❑ Intermittent/Perennial Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres) El Riparian Buffer Authorization El Minor Variance El Major General Variance ✓® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #)] ❑ High Density -Detention Pond _ # Treatment Systems ® High Density -infiltration 2 #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density -SW Wetlands _ # Treatment Systems El High Density -Other _ # Treatment Systems /❑ MOD:❑ Major El Minor El Plan Revision ❑ Redev. Exclusion SW (Provide permit#) ✓® Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information L ® Upland Development ❑ Marina Development El Urban Waterfront V� Land Quality ® Erosion and Sedimentation Control Plan with 22 acres to be disturbed.(CK # (for DENR use)) SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request) Wetlands on Site ❑ Yes ® No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No Received from US ACOE ❑ Yes ❑ No Buffer Impacts: ® No ❑ YES: —acre(s) Isolated wetland on Property ❑ Yes ® No 404 Application in Process wl US ACOE: ❑ Yes ❑ No Permit For DENR use only Fee Solitfor mukioleoermits: (Check# Sq# 1 Total Fee Amount $ SUBMITTAL DATES Fee I I SUBMITTAL DATES Fee CAMA I $ Z6 I Variance ( Mal; Min) i $ SW ( HD, LD, U Gen) 1 $ yj 401: $ La1S 1 $ -T 5v 1 Stream Deter,_ $ NCDENR EXPRESS January2014 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM PROPERTY LEGAL DESCRIPTION: LOT NO.: 1-11 BLOCK NO.: SUBDIVISION: PARCEL ID: SECTION NO.: AUG i 2 2015 STREET ADDRESS: 24420 NC Hwy 12 Rodanthe, NC 27968 Please print: Property Owner: Three Diamonds NC, LLC c/o David Peres, Managing Member Property Owner: The undersigned, registered property owner of the above noted property, do hereby authorize Mark S. Bissell/David M. Klebitz of Bissell Professional Group to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any and all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (North Carolina Division of Coastal Management, North Carolina Division of Water Quality, U.S. Army Corps of Engineers, etc.) for the purposes of obtaining permits and/or certifications. Property Owner's Address (if different than property above): 1217 S. Croatan Hwy. Kill Devil Hills, NC 27948 Telephone: (252)564-4694 I hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature a ETitle Authorized Signature and Title Date: / Date: RECEIVED AUG 17 2015 F1R`"-UHR Vw RECEIVED AU6 17 1015 erevw-w.w b+•r t" BOOK 1965 PAGE 847 (3) 700000930 III IIIINININIIINIIIIN� C• 4� DARE COUNTY TAX COLLE �DO N0. -I LT # Land Transfer $ 5 Excise Tax: $ 1 Recorded: 07/15/2014 04:28:01 PM BY: Toni Midgett Vanzoga McMurranSmilh, Register of Deeds Dare County, NC Fee Amt $26.00 NC Excise Tax. $1,000.00 This instrument should be mailed to the preparer: �Dixon & Dixon Law Offices, PLLC; P.O. Box 750, Avon, NC 27915 4e Delinquent taxes, It any, to be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds. Brief Index Description Lots 1, 2 & 3, Oceanaire Division Parcel Identifier Number: 014214000, 014214001 and 014214002 File Number : R&R01-0614 a s- THIS WARRANTY DEED is made this 2 ay of July, 2014 by and between: Y``,` CR(A R BROTHERS, LLC A N'brth Carolina Limited Liability Company PO 6�e50 Avon, NC 27915 6 (hereinafter referred to in the neuter singular as "the Gres t�r") and THREE DIANDS NC, LLC A North Caroli (0.imited Liability Company PO Box 1532 `:X Kill Devil Hills, N6 27948 (hereinafter referred to in the neuter singular as "the Grantee") WITNESSETH, that the Grantor, for a valuable consideration paid by the G%toecitI.Grantec, e receipt of which is hereby acknowledged, has and by these presents does hereby give, grant, bargain, sell and convey uits heirs, successors, administrators and assigns, all of that certain lot or parcel of land situated in the Village of Rodant"rinakeet Township of said Dare County, North Carolina, and more particularly described as follows: See attached Exhibit A. C `�• RECEIVED DARE ,-`rye REAL ESTATE �� AUG 17 2015 coUNTY�y ( TRANSFER TAX L?FY?{p}g qx LT •��,i- - �j $%, - O 0 6h �O property herein described was acquired by the Grantor by deed recorded in Book 1426 at Page 6, in the Public Registry of Dare A map s1 viing the above described property is recorded in Plat Cabinet F. Slide 282, in the Public Registry of Dare County. TO HAVE RNO TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. ,d O The Grantor coven with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is m table and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all pe whomsoever except for the following exceptions: 1. Ad Valore taxes for 2014 and all subsequent years. 2. Subject to any easements and restrictive covenants as may appear of record in the Public Registry of Dare County. This property does not include the Wifkary residence of the Grantors. (per NC GS § 105-317.2) IN WITNESS WHEREOF, the Grantoi®s hereunto set his hand and seal. •fi STATE OF NC' I, a Notary Public of the County and State aforesaid, certify\v this day and acknowledged that he is Manager of R & R L�L%C' By. v ` v` (SEAL) J. exander Risser, Manager J. ALEXANDER RISSER, Grantor personally appeared before me pthers, LLC, a North Carolina Limited Liability Company, and acknowledged, on behalf of R & R Brothers, LLC, the execution't hXhe foregoing instrument. Witness my hand and official stamp or seal, this,` day of July, 2014. l ' My Commission Expires: ,,L� //v�.^.,� �L,C .•"urrrrr4r4��Nota' Public .---�'l-.65� ` a�FSR BN4' , • 0 a � �pTAgr �. RECEIVED 10UBOCI V; AUG 11 WS p ?�' H �aM �'q9F COUNT;.• �,I �r�rrrrr•r•r� ., r �O Exhibit "A" Lot 1, Lot 2 and Lot 3, as shown on that certain map or plat entitled "Oceanaire Division", prepared by Freddy D. ,,> nkin, Registered Surveyor, dated January 6, 1999, which ®ap or plat is duly recorded in Plat Cabinet F, Slide 282, bAre County Registry. N:-- TodAher with and also conveyed hereby as an appurtenance to 'Ge lands and property described hereinabove a perpetual ease t in and to, and on that property situated in Kinna t Township, Dare County, North Carolina, and more partic rly described as follows: a �i easement ror the purpose of placing a well or pump and drawing water therefrom on a parcel of land adjacent to the eastern marg%iAlargin of the N.C. State Highway known as the Hatteras Hig, said parcel fronting one (1) foot in width on saighway and extending five (5) feet in depth from the Eastof the right of way of said highway along the South . e of Lot 2, Block G, Pamlico Beaches, said 5 ft. x 1 f parcel situated in the Southwest corner of Lot 2, Block of the subdivision known as Pamlico Beaches, as shown o" map or plat thereof, and recorded in Map Book 1, page 66�the Public Registry of Dare County, North Carolina. O �l O RECENEp ��, AUG 17 20A rAoti c t env oaN303b ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to THREE DIAMONDS NC. LLC 's (Name of Property Owner) property located at 24420 NC 12 HWY (Address, Lot, Block, Road, etc.) on Pamlico Sound in RODANTHE. Dare N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above loc . I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) Indoor/outdoor recreational facility, as shown on the attatched site development plan. AUG ' 2 2015 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr (fd Owner Information) Signature David Peres for Three Diamonds, LLC Print or Type Name P.O. Box 1532 Mailing Address Kill Devil Hills NC 27948 City/StatelZip Telephon Nu r/e ddress Dat (A 1Z t Property Owe nforgiation) Sign tur * Waves Village, LLCci ,r�o Print or Type Name AUG , M5 PO BOX 1839 Mailing Address _NAGS HEAD NC 27959 Cit /State/Zip IV Telephone PumbeV email a dre �—` (Revised Aug. 2014) 'Valid for one calendar year after signature' August it 2015 s ostavice... RECEIPT FCERTIFIE7DMAiL: estic Mail No Insurance Coverage Provided) elivery information visit our website at www.usps.com;; WE O m Er Ln Postage �n $ CedlNad Fee - ' nl Postmark p Retum Reoelpt Fee p (Endorsement Requlretl) Here O ResMctetl Oellvery Fee O (Entlorsamerd Required) Waves Village, LLC •gyp Tow] Postage BFees ru .. PO Box 183 '9 ent q Nags Head, NC 27959 ED o r c"srere.Q� s Krud c Q-2 1-5 1( r You previously signed an Adjacent Riparian Property Owner Statement, stating that you have no objection to the development that is being proposed by Three Diamonds, LLC on the adjacent property at Rodanthe, NC. A copy of that statement is attached. Even though you signed the statement, we have been advised that the state rules still require that we provide written notice by certified mail (Return Receipt Requested) with a copy of the permit application forms and appropriate work plan drawings to you as an adjacent property owner; copies of those documents are enclosed. If you have any objections or concerns about the proposed development, please provide them in writing to: Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 Sincerely yours, Bissell Rrofdssio PE Group AUG 12 2015 REGE(�ED AUG lh NO�tt" ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to THREE DIAMONDS NC LLC 's (Name of Property Owner) property located at 24420 NC 12 HWY (Address, Lot, Block, Road, etc.) on Pamlico Sound , in RODANTHE. Dare N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above to ti I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) Indoor/outdoor recreational facility, as shown on the attatched site development plan. AUG 2 2015 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Owner Information) Signature David Peres for Three Diamonds, LLC Print or Type Name P.O. Box 1532 Mailing Address Kill Devil Hills NC 27948 City/State/Zip Telephone Number/email address Date Property Owner Information) Print or Type NaWe P O BOX 444 RECEIVED Mailing Address RODANTHE NC 27968 pUG 1 1015 City/State/Zip Telephone Number/email address Date* (Revised Aug. 2014) *Valid for one calendar year after signature* U.S. Postal 5ervim,, CERTIFIED MAIL,., RECEIPT r Insurance Coverage Provided) (Domestic Mail Only; No information visit our_w}ebsite at www.usps.com:.: For delivery 11 August 11, 2015 ru i,a ru r Pcetage $ r� Certified Fee O Retum Recelpt Fee O (Endomemem Required) C3 Restricted Delivery Fee Q (Endorsement Required) Ill Postmark Here Ron & Don, LLC E3 Total postage &Fees I $ m PO Box 444 rn Sent U yv 1) C tv < L� Rodanthe, NC 27968 ca Uf-ApiA----------------- me,,n" - - -- r.................... r`- or Box No."._Y-G IO i..L . ..................._...................... You previously signed an Adjacent Riparian Property Owner Statement, stating that you have no objection to the development that is being proposed by Three Diamonds, LLC on the adjacent property at Rodanthe, NC. A copy of that statement is attached. Even though you signed the statement, we have been advised that the state rules still require that we provide written notice by certified mail (Return Receipt Requested) with a copy of the permit application forms and appropriate work plan drawings to you as an adjacent property owner; copies of those documents are enclosed. If you have any objections or concerns about the proposed development, please provide them in writing to: Division of Coastal Management 1367 US Hwy 17 South Elizabeth City, NC 27909 Sincerely yours, Bissell Profess AUG 12 2015 Tonal roup -- _ RE(VED p�G 19 10'b PE IF"- , A�= NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 14, 2015 Mr. Mark Bissell Bissell Professional Group P.O. Box 1068 Kitty Hawk, NC 27949 Dear Mr. Bissell: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Three Diamonds NC, LLC for State approval for development of their property located at 24420 NC 12 HWY, Rodanthe, Dare County. It was received complete on August 12, 2015, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected deadline for making a decision will be around September 11, 2015. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along the property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property, or at a point along the road right- of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. Please don't hesitate to contact me if you have any questions in regard to this correspondence or the permitting process. Sincerely, Frank Jennin s District Manager, Northeastern District Division of Coastal Management FJlyc Enclosure cc: DM "Ftuggett, Major Permits Coordinator, DCM, Morehead City - Lyn Hardison, Environmental Assistance Coordinator, Washington Regional Office David Peres, Three Diamonds NC, LLC, Kill Devil Hills 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: h@o /loortal ncdenr orc/web/cm/dcm-home RECENED AUG 17 1^` An Equal Opportunity \ Atf rmatve Action Employer NOTI(011174A 3 i E AMA PERMIT APPLIED F R PROJECT: construct a 11,745 sf commercial bldg, a 24,221 sf parking area, 4,148 sf of sidewalk, a waste water treatment disposal system, a stormwater management system, a zip line course, an elevated rope course, a mini= golf course, & a 141 Ift retaining wall/bulkhead. COMMENTS ACCEPTED THROUGH APPLICANT: THREE DIAMONDS NC, LLC c/o David Peres PO BOX 1532 KILL DEVIL HILLS NC 27948 252-564-4694 09108115 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: .-` Frank Jennings, District Manager, Division of Coastal Management, 1367 US Hwy 17 South, Elizabeth City, NC 27909; 252-264-3901, ext. 235 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 Iegals(a)thecoastiandtimes.net FROM: Yvonne Carver, Administrative Assistant Division of Coastal Management THROUGH: Frank Jennings, District Manager Division of Coastal Management DATE: 08/14/15 SUBJECT: Public Notice: Three Diamonds NC, LLC Donald R. van der Vaart Secretary Please publish the following Notice in the Wednesday, August 19, 2015 issue of The Coastland Times. If it will not be possible to include this notice in that edition, or if you have any questions about this Notice, please call our office as soon as possible at 252- 264-3901. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Eula Alexander NCDENR, Division of Environmental Assistance & Customer Service 1639 Mail Service Center Raleigh, NC 27699-1639 RECEIVED Thank you for your assistance in this matter. AUG 17 9g15 cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Lyn Hardison, Environmental Assistance Coordinator, Washington Reg. Office Eula Alexander, Div. of Environmental Assistance & Customer Service, Raleigh File 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 1 FAX: 252-264-3723 ; Internet: h� /IoortaI ncdenr.org/web/cm/dcm-home An Equai Opportunity 1 Affirmative Action Employer North Carolina Department of Environment and Natural Resources Division of Coastal Management NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM Page 2 of 2 August 14, 2015 The Department of Environment & Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 08/12/15. According to the said application, Three Diamonds NC, LLC proposes to construct a commercial building with parking for bowling, laser tag, & an arcade area & outside recreational activities, located at 24420 NC 12 Hwy, Rodanthe, Dare County. A copy of the entire application may be reviewed at the office of Frank A. Jennings, III, District Manager, Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Public comments received by 09/08/15 will be considered. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, August 19, 2015 �rcrivEo AUG 19 10''�i