HomeMy WebLinkAbout20240921 Ver 1_CAMA Application_20240703DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT: PA-1415
1. APPLICANT'S NAME: Charles Millikin
2. LOCATION OF PROJECT SITE: 39224 Pompano Drive Avon, Dare County; adjacent
man-made canal that connects to the Pamlico Sound.
Longitude:-75.5024 Latitude: 35.36286
3. INVESTIGATION TYPE: CAMA + Dredge & Fill
4. INVESTIGATIVE PROCEDURE:
Date of Visit
Purpose of Visit
Applicant Present?
5/30/2024
Major Permit Application
No
5. PROCESSING PROCEDURE -
Application Received
Application Complete
Regional Office
6/7/2024
6/25/2024
1 DCM - Elizabeth City Regional Office
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Dare County
Land Classification from LUP: R-1 (Residential)
(B) AEC(s) Involved: Coastal Shoreline, Public Trust Areas, Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment:
Existing: N/A
Planned: N/A
(F) Type of Structures:
Existing: Bulkhead(below MHW wood)
Planned: Bulkhead(below MHW vinyl)
(G) Estimated Annual Rate of Erosion: N/A
Erosion Information Source: Onsite observation
7. HABITAT DESCRIPTION:
DREDGED (ft)
FILLED (ft)
OTHER ft2
A Open Water
170
CW's above NHW
C CW's below NHW
Shallow Bottom
350
High Ground
1470
Non -Coastal WL
(E) Total Area Disturbed: 1990 W (0.05 acres)
(F) Primary Nursery Area: No
(G) Water Classification: HQW: High Quality Waters; SA: Market Shellfishing, Tidal
Salt Water Open to Shellfishing: No
Field Investigation Report: Charles Millikin
DCM Major Permit
Page 11
8. PROJECT SUMMARY:
Replace existing wooden bulkhead in a straight alignment and install a pier and platform.
9. NARRATIVE DESCRIPTION:
The subject property is located at 39224 Pompano Drive in the Hatteras Colony subdivision in
Avon, Dare County. This—5,500-sf vacant parcel is adjacent to a man-made canal that
connects to Mill Creek and the Pamlico Sound. The only development onsite is an old wooden
bulkhead along the —75-foot shoreline that is failing, and the alignment has a deep, 18-foot'V'
indentation. The vegetation onsite consists of pine trees, Atlantic cedar, palmetto, overgrown
shrubs, pennywort, and catbrier.
The adjacent riparian property to the left is vacant, but developed with a dock and bulkhead.
The adjacent riparian property to the right is developed with a single-family residence, deck,
pier and bulkhead.
There is no permit history on file for this property.
The adjacent waters of the canal are within the Pasquotank River Basin and are classified as
Coastal Waters by the NC Marine Fisheries Commission. The DWR water classifications area
SA and HQW. The area is not classified as a primary nursery area, but is closed to the
harvesting of shellfish. No SAVs were observed in the adjacent waterbody. The waters of the
adjacent canal range from -1.5' to -4 NWL. The width of the canal in the project area 63'.
10. PROJECT DESCRIPTION:
The applicant proposes to replace the current wooden bulkhead in a straight alignment, with 2
return walls, for a total of 90 linear feet (lft). The average distance of the new vinyl bulkhead
from current NWL will be 6' with a maximum distance of 18' from NWL. Approximately 350
square feet of fill is proposed below water level. Upland disturbance is limited to —1,470 sf
resulting from backfill and grading. Other development proposed includes a 7'x6' (42 sf) pier
with an 8'xl6' (128 sf)'U platform. The pier/platform structures meet the'/4 width rule, and
will not be located within the 15-foot riparian setbacks.
11. ANTICIPATED IMPACTS:
The bulkhead construction will result in 350 sf of fill in the shallow water bottom habitat.
The pier/platform construction will result in 170 sf of shading of the open water habitat.
Associated backfill will result in disturbance of 1,470 sf of high ground habitat.
Name: Yvonne Carver Date: 06-28-2024 Office: DCM - Elizabeth City Regional Office
Field Investigation Report: Charles Millikin
DCM Major Permit
Page 12
Permit Application Report
Application ID
Application Type
Submitted
App Complete
Deadline
Decision
Expiration
PA-1415
DCM Major Permit
06-07-2024
Primary Applicant Information
Applicant Type
Title
Business Name
Name
Email
Business Phone
Mobile
Phone
Individual
Mr.
Charles Millikin
bethesda301@yahoo.com
301-509-5488
301-509-5488
Physical Address
Mailing Address
Street 1
City
State
Zip
Street 1
City
State
Zip
39224 Pompano
Drive
Avon
NC
27915
4604 N Chelsea Lane
Bethesda
MD
20814
Registered Agent Information
Agent Type
Title
Business Name
Name
Email
Business Phone
Mobile
Phone
Business/Company
Atlantic
Atlantic
dougdaec@gmail.com
252-599-2603
252-599-2603
Environmental
Environmental
Consultants, LLC
Consultants, LLC
Physical Address
Mailing Address
Street 1
City
State
Zip
Street 1
City
State
Zip
PO Box 3266
Kitty Hawk
North
27949
PO Box 3266
Kitty Hawk
North
27949
Carolina
Carolina
Project Information
Project Name
Project Type
Disturbed Land Area (Scl Ft/Acres)
Millikin Property
Private/Community
1470 Sq. Ft. / 0.03 Acres
Is proposed project located in national registered historic district or national register listed/eligible: False
List of previous state or federal permits for work on project tract: CAMA General Permit No. 31216A
Project Location Information
Address
County
River Basin
Subdivision
County Parcel ID
Latitude
Longitude
39224 Pompano Drive Avon,
NC 27915
Dare
Pasquotank
Hatteras Colony
013688000
35.36286
-75.5024
Project Discharges to State Waters
Discharge Type
Surface
Runoff
Sanitary
Wastewater
Industry/Commercial
Effluent
Vessel
I Wash Down
Residential
Other
Wastewater/Stormwater Discharged Into Wetland?
Discharge Same Salinity as Receiving Waters
Is There Any Mitigation Proposed
False
False
False
Detailed Description of the Existing Development Located on the Property
Existing Man -Made Features:
Existing bulkheao
Existing Land Uses:
Existing land use is residential for the Hatteras Colony subdivision.
Existing Wastewater Treatment/Disposal:
Solid Waste/Fish Offal/Trash Disposal:
Use and Daily Operations of the Project When Complete
Proposed Development Purpose:
Replace existing bulkhead and back fill to new alignment.
Buildings/Facilities/Units/Structures:
90 feet of bulkhead with returns
6 0' pier
- 8'x16' platform
Use & Daily Operations:
Used for access to adjacent canal and Pamlico Sound.
Construction Methodology & Equipment:
Pilings for bulkhead, pier and platform to be installed hydraulically. Remaining structures to be built with conventional framing
practices.
Development Activities Narrative Specifics:
Install 90 feet of new bulkhead. 6 0' pier to be constructed out to a 8'x16' platform.
Application Narrative:
Narrative in attachments
Boat Ramp Development Activity Included: False
Shoreline Stabilization Development Activity Included: True
Has There Been Erosion in the Preceding 12 Months Amount of Erosion (Feet Within the Past 12 Months)
False
Source of Erosion Amount Information
Shoreline Stabilization
Type of Stabilization
Describe "Other" Stabilization
Bulkhead
Type of Stabilization Material
Describe "Other" Stabilization Material
Vinyl
Length
Width
Avg Distance Waterward of NWH/NWL
Max Distance Waterward of NHW/NWL
90
1
6
18
Sq Ft of Fill to be Placed Below Water Level
Type of Fill Material
1
Source of Fill Material
350
Sand
Clean sand from local mine site.
How Will Fill Material be Kept on Site and Erosion Controlled
Grass seed to be planted after bulkhead and back fill complete.
Will Wetlands be Crossed in Transporting Equipment to Project Site
Explain Steps Taken to Avoid/Minimize Environmental Impact
False
Living Shoreline Development Activity Included: False
Piers & Docking Facilities Development Activity Included: True
Docking Facilities Details
Facility Use
# of Tie Pilings
Existing Slips
New Slips
Private/Community
0
0
1
Piers & Docking Facility Structures
Structure Type
Length
Width
Quantity
Fixed Piers
7
6
1
Fixed Platforms
16
8
1
Freestanding Moorings & Buoys Associated With This Docking Facility
Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips
False
Buoy Details:
Moorings & Buoys Details
Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth
Excavation Development Activity Included: False
Bridges & Culverts Development Activity Included: False
Oceanfront Erosion Control Development Activity Included: False
Temporary Structures Development Activity Included: False
Utility Crossings Development Activity Included: False
Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False
Log Removal/Marine Debris Development Activity Included: Yes/No
Navigational Aids Development Activity Included: False
Other Fill Below Water Level Development Activity Included: False
Stormwater Structures Development Activity Included: False
"Upland Development" Development Activity Included: False
Energy Facilities Development Activity Included: False
Aquaculture Development Activity Included: False
Submerged Lands Mining Development Activity Included: False
General Development Activity Details Required
General Development Activity Questions
These questions are applicable if 1 of the following development activities are included in the project
(Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines,
Shoreline Stabilization Submerged Lands Mining)
Boat Type(s)
Typical Boat Length
Other Boat Type (Describe)
Open runabout; Sail boat; Personal water craft;
21
Non -motorized; Other
Adj Riparian Property Line #1 (Proximity of
Ad j Riparian Property Line #2 (Proximity of
Ad j Riparian Property Line #3 (Proximity of
Structure Nearest to Property Line)
Structure Nearest to Property Line)
Structure Nearest to Property Line)
35
24
Width of Water Body
Water Depth @ Waterward End of
Water Depth @ Most Landward
Water Depth @ Most Waterward
Structure (NLW or NWL)
Boat Slip (NLW or NWL)
Boat Slip (NLW or NWL)
63
2.5
1 2.5
2.5
Navigational
Number of
Number of Day
Min Distance of Each Aid Placed
Max Distance of Each Aid Placed
Aids Required
Buoys
Markers
Beyond Shoreline
Beyond Shoreline
False
Marina Development Activity Details Required
PROJECT NARRATIVE
Millikin CAMA Major Permit
39224 Pompano Drive, Avon, Dare County
Project Description:
This project narrative accompanies a CAMA Major Permit Application for
shoreline stabilization via a new bulkhead on a property located at 39224
Pompano Drive, Avon, Dare County, North Carolina adjacent to a man-made
canal that connects to the Pamlico Sound.
Proposed Improvements
The proposed improvements include:
1. Replacement of Existing Bulkhead: The existing bulkhead, which is
currently failing, will be replaced. The new bulkhead will be constructed in
a straight line, replacing the current irregularly shaped structure.
2. Construction of Pier and Platform: A 6'x7' pier will be constructed,
leading to an 8'x16' platform.
Construction Details
• Bulkhead and Filter Cloth Installation: The installation of the new
bulkhead and filter cloth will be the first step. This will ensure that
sediment does not enter the adjacent waters during the construction
process.
• Backfill: Once the bulkhead and filter cloth are in place, backfilling will
occur behind the new bulkhead.
• Pier and Platform Construction: After the bulkhead is complete, the pier
and platform will be constructed extending into the canal.
• Land Disturbance and Erosion Control: Any new land disturbance
resulting from the bulkhead construction and backfill will be seeded with
grass to prevent future erosion.
These improvements aim to stabilize the shoreline, prevent erosion, and
enhance the usability of the property while ensuring minimal environmental
impact. The construction process has been designed to prevent sediment from
entering the adjacent waters of the canal and the Pamlico Sound.
Existing Site Area:
Lot 62 — 5,500 sq.ft. (0.013 acres)
Proposed Structures:
Vinyl bulkhead........................................................................ 90 ft.
Wood Pier(6'x7')..................................................................... 42 sf
Platform (8'x16')..................................................................... 128 sf
Proposed Land Disturbance:
Land disturbance limited to new bulkhead and back -fill = 1,470 sf
Submerged Aquatic Vegetation(SAV):
A site visit conducted on May 10, 2024 found there was no SAV present in
the proposed work area. Water depths in the project area range from -0.5' to
-- 2.5'(NWL) and no dredging is proposed for the project.
Stormwater:
No pervious surface upland development is proposed for this project. The
only activity that will occur landward of the NWL is fine grading of the
properties to achieve desired slopes and grades.
Sedimentation Erosion Control Plan:
Land disturbance will be limited to 1,470 square feet associated with the
installation of the new bulkhead and back -fill.
The project proponent hereby certifies that all information contained
herein is true, accurate, and complete to the best of my knowledge
and belief.
The project proponent hereby requests that the certifying authority
review and take action on this CWA 401 certification request within
the applicable reasonable period of time.
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PS Form 3811, July 2020 PSN 7530-02-000-9053
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Domestic Return Receipt
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
May 20, 2023
Charles & Karen Carter
119 N Channel Drive
Wrightsville Beach, NC 28480
Dear Mr. & Mrs. Carter,
This notification letter is in reference to Charles Millikin's property located at 39224 Pompano
Drive in Avon, Dare County, North Carolina. Mr. Millikin is proposing to replace 90 feet of
bulkhead along the shoreline of the canal, construct a 6'x7' pier with an 8'x16' platform.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the proposed work in order to give you the opportunity to comment on the project. The
attached drawings show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dou dg aeckgmail.com.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmaii.com
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
May 20, 2023
Chad Speedy
PO Box 1112
Avon, NC 27915
Dear Mr. Speedy,
This notification letter is in reference to Charles Millikin's property located at 39224 Pompano
Drive in Avon, Dare County, North Carolina. Mr. Millikin is proposing to replace 90 feet of
bulkhead along the shoreline of the canal, construct a 6'x7' pier with an 8'x16' platform.
As the adjacent riparian property owner to the aforementioned project, I am required to notify
you of the proposed work in order to give you the opportunity to comment on the project. The
attached drawings show in detail the proposed improvements.
Please review the attached drawing and should you have any objections or comments concerning
this project, please send your written comments to Ron Renaldi, District Manager, Elizabeth City
Regional Office, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909, or call 252-264-
3901 within 30 days of your receipt of this notice. Such Comments will be considered by the
Department in reaching a final decision on the application. No comments within 30 days of your
receipt of this notice will be considered as no objection. If you have any questions on this
project please call me at 252-599-2603, or e-mail me at dougdaec@gmaii.com.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
Cell: (252) 599-2603 Office: (252) 261-7707 Email: dougdaec@gmail.com
CAMA MAJOR SITE PLAN
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Phone/Fax: (252) 261-7707
E—Mall: dwgda @gmail.com
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B: 1873 P: 376 Doc Id: 6297793
0811212011 02:22 PM Receipt N, 11-10043
Doc Code: DEED NCExoise Tax Pd: $0, 00
Vanzolla McMurran-Smith, Register of Deeds Dare CO, NC
Tax Collector Certifi ti n Thai No Delinquent Taxes
`�`oa l- Are Due. Date By�Ceertification
I
sfer Tax. expires Jan. 6th of a year following tion bate.
e 1>•
,n This Deed has been prepared without a title search or an opinion on title. `�
`� This instrmnent should be mailed to the preparer, David R. Dixon, at Post Office Box 750, Avon, NC 27915
/ Brief Index Description: Lot 62, Section 3, Hatteras Colony O
Parcel Identifier Number: 013688000 File Noq
NO14TH CAROLINA NON -WARRANTY DEED
THIS NON -WARRANTY L'r:'D is made this 10'" day of August, 2011, by and between: tX
MJLTD
A CORPORATION
PO Box 124
Saxrodsville, OH 44675
(hereinafter referred to in the neuter singular as "the C. antor") and
CHARLES S. MILLIKIN
4604 North :'helsea Lane
Bethesda, MD 20814
(hereinafter referred to in the neuter singular as "the Grantee") : OV
0
WITNESSETH, that the Grantor, for a valuable consideration paid by the G�aee, the receipt of which is hereby acknowledged, has and by
these presents does hereby give, grant, bargain, sell and convey unto the Grant, hews, successors, administrators and assigns, all of the
property rights noted herein, in that real property situated in the Village of Av6iAare County, North Carolina, and more particularly
described as follows:
Lying and being in Kinnakeet Township, Dare County, North Carolina, near the Village ofAdon land being part of
the subdivision known as Hatteras Colony, Section Three, of the subdivision known as Hatteras Colony, of the
GHatteras Land Corporation, as shown on a map or plat thereof dated February 15, 1965, by Bald viii & Gregg,
Engineers and Surveyors, said reap being duly recorded in Map Book 2, at Page 221, of the Public Reg;stry of
0 County, North Carolina, and being Lot 62. `�%
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6297793 B: 1573 P: 376 Page 1 of 2 8/12/11 2:22 PM
mill Ni+'i11PNINh,l+ir:MIC KW IIVIV 14,04 11111 �co�
TG :iF `. E AND TO HOLD the aforesaid real property and all privileges and appurtenances thereto belonging :a the Grantee in fee simple.
The Gran or makes no warranty, express or implied, as to the title to the property hereinabove described. `;>
IN WITNESS WAFREOF, the Grantor has hereunto set his hand and seal.
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(S
CHAELJ.SHE P ERSON, PRESIDENT
STATE OF ryv; A COL (C 1 f •1U , _ 1)(L(r - COUNTY
I, _t)� l D ►P . a Notary Public of the Cr.:nty and State aforesaid, do hereby certify that MICHAFL J. SHEPPERSON
personally appeared before me this day and acknowledged thst he is President of MJ LTD, a corporation, and acknowledged, on behalf of
MJ LTD, the due execution of the foregoing instrument. Wil oss my hand and official stamp or seal, this JP�_ day of August, 2011.
My Commission Expires:
Notary Public
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GovernorELIZABETH S. BISERSecretary
TANCRED MILLER NORTH CAROLINA
Director Environmental Quality
EMAIL MEMORANDUM
TO: The Coastland Times
ATTN: Hannah Russ
Manteo, NC 27954
legals(a-)thecoastlandtimes. net
FROM: Lisa Doepker, Administrative Specialist
DATE: 7/03/2024
SUBJECT: Major Public Notice: Charles Millikin
Please publish the attached Notice in the Sunday, July 7, 2024, issue of The Coastland
Times. Please note that this is for a one -day publication only.
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, an original invoice and payment request to Lisa Doepker, via
email at: lisa.doepker@deq.nc.gov.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office (252) 621-6450.
Attachment
cc: Gregg Bodnar, Major Permits Coordinator, gregg.bodnar(@_deg.nc.gov
Christy Simmons, PIO, DCM, christy.simmons(@�ncdenr.gov
Ellie Davis, Accounts Payable, DCM, ellie.davis(@)-ncdenr.gov
File
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
NORTH CAROUNA -
oepadmeMolEnWmnmem l0ual\ /� 252.515.5400
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The NC Department of Environmental Quality hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an AEC as
designated under the CAMA was received on 5/30/2024. The applicant proposes to
replace existing wooden bulkhead in a straight alignment and install a pier and
platform. The subject property is located at 39224 Pompano Drive in the Hatteras
Colony subdivision in Avon, Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City and reached by
phone at (252) 621-6450 during normal business hours. Comments mailed to Tancred
Miller, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to July
27, 2024, will be considered in making the permit decision. 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: July 7, 2024
NORTHCAAaUND_EQ�;
oepadmeM of EnWmnmeM l pualfty
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.515.5400
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Property:
Charles Milliken
39224 Pompano Drive, Avon, NC 27915
Mailing Address of Owner:
4604 N Chelsea Lane, Bethesda, MD 20814
Owner's email: bethesda301@yahoo.com Owner's Phone#: 301-509-5488
Atlantic Environmental Consultants, LLC
Agent's Name: Doug Dorman Agent Phone#: 252-599-2603
Agent's Email: dougdaec@gmail.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawina. with dimensions. must be provided with this letter.
DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 401 S. Griffin St., Ste. 300, Elizabeth City, NC, 27909. DCM representatives can also be
contacted at (25V 264-3901. No response is considered the same as no objection if you have been
notified by Certi d Mail.
WAIVER SECTION
I understand that any proposed 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
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property
Typed/Printed name of ARPO: Scott Johnson
Mailing Address of ARPO: PO Box 83, Nags Head, NC 27959
ARPO's email: beachbum5x@gmail.com
Date: 06/24/2024
ARPO's Phone#: 910-274-4570
*waiver is valid for up to one year from ARPO's Signature*
Revised July 2021