61-21 Abernethy, Bobby & Ellen

Permit Class
NEW
Permit Number
61-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bobby and Ellen Abernethy, 102 Lane Ave., Jarvisburg, NC 27947
Authorizing development in Cur rituck County at adj. to North River and Currituck Sound, at
102 Lane Ave., in Jarvisburg , as requested in the permittee's application dated 12/10/20, incl an workplan
drawings (3), Drawings 1-2 of 2 both dtd "Rev 4/12/21" and Typical Bulkhead Detail dtd "Rec DCM-EC 10/26/20".
This permit, issued on May 18, 2021 , 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.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall not extend waterward more than 8 feet from the normal water level at any point
along its alignment at the time of construction.
2) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
3) No vegetated wetlands shall be excavated or filled, even temporarily. The northern return wall shall
be aligned landward of all wetlands.
(See attached sheets 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, 2024
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 DEQ and the Chair
of the Coastal Resources Commission.
Z-///Ow�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Bobby and Ellen Abernathy Permit No. 61-21
Page 2 of 3
ADDITIONAL CONDITIONS
4) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
6) The bulkhead shall be constructed prior to any backfrlling activities.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
8) This permit does not authorize any excavation waterward of the approved alignment.
9) The fill material shall be clean and free of any pollutants except in trace quantities.
10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
11) No backfill material is to be placed within 30 feet of the normal water level, except that which will be
used to backfill the area behind the permitted bulkhead.
12) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
13) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
16) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
Osprey Pile
17) Unless specifically altered herein, this permit authorizes the osprey pole, all as expressly and specifically
set forth in the attached permit application and workplan drawings.
18) The platform of the authorized osprey pole shall not exceed 3 foot x 3 foot and shall not have sides.
19) No lateral bracing (i.e. wire, timbers, etc.) shall be used to support the 8-inch diameter piling.

Bobby and Ellen Abernathy Permit No. 61-21
Page 3 of 3
ADDITIONAL CONDITIONS
20) The nesting platform of the osprey platform structure shall be maintained at an elevation above normal
high water that does not pose a hazard to navigation.
21) No formalized docking space, mooring, or slip is authorized by this permit.
Stormwater Management
22) The Division 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. SW7-210203. Any violation of the permit approved by the DEMLR shall be considered a
violation of this CAMA permit.
USACAE Conditions
23) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.eov/ralei¢h/pdfs/ManateeGuidelines20l7.12df.
General
24) 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.
25) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.
26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-00221).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1563
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

w
f
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant: � Der_wC l � 1 csc, l ��_
Type: (Check all that apply)
New -- \1 Major Mod _ _ Permit# Minor Mod
Permit Coordinator:
Field Representative
Date Time
Coy
Renewal Transfer
Message
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DCM Coordinator: �flD� f k12 Permit #: & ( 2 I
MAILING DISTRIBUTION SHEET
Al
Agents: pt-rtC%Itye heTNQ,/ &xvT
DCM Field Offices
Elizabeth City 242 aeF 161(a Washington (with revised work plan drawings
Morehead City Wilmington (OBJECTIONS'
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Cuff ituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Clif Whitfield (WARD)
Jimmy Harrison
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritages Program Rodney Butler
LPO: ' pea;" CQSNCov��
(NCDOT) Travis Wilson

ON MP-1 RCCE((>Ctd
APPLICATION for 21 2c;9
111e1or Development Permit Dcrvl-Ec
(last revised 12127106) 6
North Carolina DIVISION OF COASTAL MANAGEMENT
f. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Abernethy Major Permit
Applicant 1: First Name
MI
Last Name
Bobby
R
Abernethy
Applicant 2: First Name
MI
Last Name
Ellen
S
Albemethy
If additional applrcantA please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
Stale
102 Lane Avenue
Jarvisburg
N.C.
ZIP
Country
Phone No.
FAX No.
27947
USA
252.491- 2117Ps ext.
Street Address (d different /mm above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor lnfonnation
Business Name
Agent/ Contractor 1: First Name
MI
Last Name
Agent/ Contractor 2: First Name
MI
Lest Name
Mailing Address
PO Box
City -
Stale
ZIP
Phone No. 1
-
- ext.
Phone No. 2
- - exl.
FAX No.
Contractor #
Street Address (if different from above)
City
Slate
ZIP
Email
<Form continues on back>
RECEIVED
FEB 0 2 2021
252-800.2808 :: 1.689.4RCOAST :: www.nccoastaimanagement.rQCM-nl HD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
Slate Rd. #
Currituck
102 Lane Avenue
(off SR 1122)
Subdivision Name
City
State
zip
Jarvisburg
N.0
27947 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 491 - 2117 ext.
I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Pasquotank
North River
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 pManmade ❑Unknown
Albemarle Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
Was ❑No
work falls within.
Currituck County
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft J
575'
322,053
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water leveo
(If many lot sizes, please attach additional page with a list)
2' ❑NHW or ®NWL
e.
Vegetation on tract
Trees, shrubs, grass, 404-wetlands
I.
Man-made features and uses now on tract
Single family dwelling, storage shed, pier, platforms, boat house, and 2 groins.
g.
Identify and describe the wasting land uses ad soon to the proposed project site.
South is residential homes. North is a vancent marsh.
h.
How does local government zone the tract?
is Is the proposed project consistent with the applicable zoning?
Limited Service Area
(Attach zoning compliance certificate, ri 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 ft involve a ❑Yea ®No ❑NA
National Register listed or eligible property?
<Form continues on next page> =IECEIVED
FEB 02 2021
252.808.2808 .. 1.888.4RCOASY .. www.nccoastalmanagement.net v:)tAet_C+ HD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
RecEit�cd
m. (i) Are there wetlands on the site? UtC 2 j ZC:9 ®Yes ❑No
(ii) Are there coastal wetlands on the site? oMIc ❑Yea SNo
(iii) It yes to either (i) or (ii) above, has a delineation been conducted? SYes ❑No
(Affach documentation, if available)
n. Describe existing wastewater treatment facilities.
Septic System
o. Describe existing drinking water supply source.
Well water (600' landward of house)
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Public(Govemment
SPrivalelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Bulkhead to prevent erosion of shoreline and protect dwelling
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.
Standard vinyl bulkhead with backfill. 1 excavator and skidloader storea at home or entrance.
d. List all development activitlas you propose.
New bulkhead, and 1 osprey nesting pole.
e. Are the proposed activities maintenance of an existing project, new work, or both?
New work
f. What is the approximate total disturbed land area resulting from the proposed project?
2,250 SSq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes SNo DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
i. Will wastewater or stonnwater be discharged into a wetland?
❑Yes SNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes ❑No DNA
j. Is there any mitigation imposed?
❑Yes SNo ❑NA
If yes, a8ach a mitigation proposal.
<Form continues on back> RECEIVED
FFR 02 P021
252.808-2808 :: 1-888.4111COAST :: www.nccoastalmanagement.net
f)(13a-M4, D CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application Pone, (MP-1) the following items below, if appkable, must be submitted in order for the application
package to be complete. Items (a) — (I) are always applicable to any major development application. Please consult the application
instruction book/eten how to property prepare the required items below.
a. A project narrative.
Is. 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.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
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.
Name David & Nancy Crossett (C/O) Kim Hundley) Phone No. 757-233-3122
Address 5429 Hargrove Blvdl - -.
Name Paul & Brenda Warburton Phone No. 717-367-4293
Address 334 Greentree Road
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and issuing dales.
CAMA General Permit 73620A
C,4" A-Aor &64 Mia-as Z.wru
h. Signed consultant or agent authorization form, g applicable.
I. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner)
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 Ad.
7. Ce►tiflcation 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 slate and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date A- 16 ,-10 L Print Name _Bobby Abernethy
Signature ) - Aztf�—
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information RECEIVED
FFR 02 2021
252.806.2808 .. 1.088-4RCOAST ., www.nccoastalmanagemont.ne,Ns: .. iD CITY

Receivcd
Form DCM MP-2
UtC 21 10
EXCAVATION and FILL lI
(Except for bridges and culverts) DIME
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 information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
(NLW or
NWL)
stabilization
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
_
I '. EXCAVATION J@Thils section not applrca¢f
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL []None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
2_ DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a.
area.
c. (1) Do you claim title to disposal area?
[]Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (I) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑m ❑SAV ❑SB
❑WL []None
(ii) Describe the purpose of disposal in these areas:
b. Dimensions
area.
d. (I) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(i) If yes, where?
I. (i) Does the disposal include any area in the water?
❑Yes []NO ❑NA
(ii) If yes, how much water area is affected?
RECEIVED
FEB o 2 2021
252-808.2808 :: 1.8884RCOAST :: wwwnccoastalmananement.net
f)C ..)•AHD CITY
revised: 12/26/06

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: K
®Bulkhead ❑Riprep ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL: 10.2'
e. Type of stabilization material:
Vinyl Bulkhead
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill 1188 Riprap _
Breakwater/Sill Other
i. Source of fill material.
Upland fill (Moyock Sand and Fill)
Width: 1
d. Maximum distance waterward of NHW or NWL: I&
f. (1) Has there been shoreline erosion during preceding 12
months?
®Yes []No ❑NA
(ii) If yes, stale amount of erosion and source of erosion amount
information.
V-2' peryear
h. Type of fill material.
Sand
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CM.
If yes,
(ii) Amount of material to be placed in the water
(ill) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL ❑None
(it) Describe the purpose of the fill in these areas:
a. How will excavated or fill material be kept on site and erosion It. What type of construction equipment
controlled? backhoe, or hydraulic dredge)?
Constructed bulkhead 8 silt fencing Ecavator, skid loader
c. (i) Will navigational aids be required as a result of the project?
[]Yes NNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
Date — IQ — �
Abernethy Major Permit
Project Name
d. (I) Will wetlands be crossed in transporting equipment to project
site? []Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Bobby Abernethy
Applicant Name
k jy-IVED
Applicant Signature
FEB 0 2 2021
252-808-2808:: 1-888-4RCOAST :: www.nccoastalmanagement.net revis00D CITY

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Received
DEC 21 2C'7
®MEC
Attach this forth 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 information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) is the docking facility/marina:
❑Commercial ❑Public/Government NPrivate/Community
[]This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes NNe
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? []Yes NNo
(i) Number 1(existing)
If yes:
(lit) Length 76
(ii) Number
(iv) Width 4'
(iii) Length
(v) Floating []Yes NNo
(iv) Width _
(v) Floating []Yes []No
e, (i) Are Platforms included? NYes ❑No
f. (i) Are Boallifts included? NYes ❑No
If yes:
If yes:
(ii) Number 2(existing)
(it) Number 1 (e)isitnp)
(iii) Length 10'. 16' (Wraparound lower platform
(Ii) Length 12'
(iv) Width 10y4'
(iv) Width 12'
(v) Floating []Yes NNo
Note: Roofed areas are calculated from ddpline dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
0
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
1
❑ Dockage, fuel, and marine supplies
❑ Dockage (wet slips") only, number of slips: _
N Dry storage; number of boats: 1 exis in
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
NOpen water; no dredging required
[]Other; please describe:
it Typical boat length: 20'
m. (i) Will the facility have tie pilings?
[]Yes NNo
(il) If yes number of lie pilings?
J. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Runabout
I. (1) Will the facility be open to the general public?
❑Yes NNo
RECEIVED
FEB 0 2 2021
252-608-2806 :: 1-888-4RCOAST :: www.nccoastalmananement.net revjsjggONMCITY

Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not appNcab/e
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of *No Sewage Discharge' signs proposed.
(ii) Give the location and number of'Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed. _
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
It. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marine/docking facility proposed within a primary or secondary nursery area? 2 2�2�
❑Yes ❑No FEB 0
DCM-MHD CITY
252-808.2808 :: 1-8884RCOAsr :: www.nccoastaimA"Rgmgnt.net revised: 12r27106

Form DCM MP-4 (structures, Page 3 of 4) ReceC`iii
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DEC 2 j 2C3
❑Yea ❑No
o. Is the marinaldoddng facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAD etI;po(tnLLC
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ����
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed marinaldocking facility located within orwilhin close proximity to any shellfish leases? []Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
13. BOATHOUSE (including covered fi ts) ❑This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ®Prlvate/Community
(ii) Number . 1 'in
(III) Length 17
(iv) Width 12'
Note: Roofed areas are calculated from dripfine dimensions.
4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable
a. (i) Number 2(existing)
III) Length 24'
(iii) Width 1'
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I
a_ Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
16. MOORING PILINGS and BUOYS CDThis section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Government ❑Private/Community,
c Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, it present.
e. Arc of the swing
7. GENERAL
b_ Number
d. Description of buoy (color, inscription, size, anchor, etc.)
FEB 02 2021
DCM-MHD CITY
252-808-2806 :: 1-888.4RCOAST :: w .nccoastalmanagement.net revised: 14127108

Form DCM MP-4 (structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
42' 600'
Note: For buoy of mooring piling, use am of swing including length
of vessel
c. Width of water body
1 1g0E
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
-2.5'(NWL)
18. OTHER ❑This section not applicable I
a. Give complete description:
1 New ospry nesting pole. (approx 20' tall)
Date
Abernethy Major Permit
Project Name
Bobby Abernethy
Applicant Name
/
Applicant,{__S/ignatuurre/
RECEIVED
FEB 0 2 2021
DCM-MHD CITY
252.808.2808 :: 1-888-4RCOAST :: www.ncgoastalmanagement.net revised: 12/27/06

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FEB 0 2 2021
DCM-MHD CITY

Applicant
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AECs
Riparian Notification7
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Application Review Checklist Letter At142.46 75 '3�(o(i(
Placard Comore t alb), y
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Bodnar, Gre
From: Bodnar, Gregg
Sent: Monday, April 12, 2021 1:22 PM
To: [e-mail], Owens, Charlan; Pelletier, Josh R CIV CESAW
CESAD (USA); Padrick, Lee; DCR - Environmental_Review, Whitfield, Clif; Harrison, James
A; Harris, David B; Jenkins, Shannon; Gupton, Sharon; Walton, Tim; Moser, Mike; Hilliard,
Wanda; Montalvo, Sheri A; Dumpor, Samir; Thorpe, Roger; Pullinger, Robert C; Martin,
Tina R; Dunn, Maria T.; Butler, Rodney A
Cc: Renaldi, Ronald; Corbett, Robert W; Godfrey, Ella M
Subject: Revision to Bobby and Ellen Abernethy
Attachments: Abernethy 8 foot.pdf
Afternoon all,
After discussions the applicant has agreed to the above revision for drawing 1 of 2. The revision is in blue and places the
bulkhead a maximum of 8 feet from NWL in a generally shore parallel alignment. This alignment was agreed upon by
DCM and the applicant to recover the correct amount of erosion over the past 12 months. Please also note that the
northern return wall is angled to be landward of the wetlands by approximately 3 feet and no wetland fill or excavation
is proposed. If this revision changes your comments please respond with updated comments ASAP. If you have not
provided comments to date, please refer to this updated workplan as the replacement for drawing 1 of 2.
Regards,
Gregg
MEQ
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
2S2 WS 28W ext 21S (Office)
G_rggg.BodttarlDntd4+1. M
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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Bodnar, Gregg
From: Bobby Abernrthy <[e-mail]>
Sent: Monday, April 12, 2021 1:10 PM
To: Bodnar, Gregg
Subject: Re: [External] information
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Soam.
Sorry, I agree with revision of 4-12-21.
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, April 12, 2021 1:07 PM
To: Bobby Abernrthy <[e-mail]>
Cc: Renaldi, Ronald <[e-mail]>; Corbett, Robert W <[e-mail]>
Subject: RE: [External] information
Afternoon Mr. Abernethy,
Just to be clear since DCM revised the workplan that is attached above. Can you verify that you agree with the revision,
dated "Revised 4/12/21"?
Thanks,
Gregg
From: Bobby Abernrthy <[e-mail]>
Sent: Monday, April 12, 2021 11:53 AM
To: Bodnar, Gregg <[e-mail]>
Subject: Re: [External] information
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Spam.
Thanks, this will help a lot. The ACE were here for about 2 hours when we started this application and did a lot
of core samples on the northern end. The lay out of the bulkhead was marked for them at this time. They said
they had no claims on the project and notified Robert of this. I want to make it very clear that we are not
going to disturb any wetlands in this project. We enjoy their wildlife very much. I hope the ACE will be ok with
this project.
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, April 12, 2021 11:34 AM
To:'Bobby Abernrthy' <brnethyPhotmail.com>
Cc: Corbett, Robert W <Robert.CorbettPncdenr.¢ov>; Renaldi, Ronald <ronald.renaldi( ncdenr.gov>
Subject: RE: [External] information

Morning Mr. Abernethy,
I have an update for you, but at this time it is not a complete resolution at this time. When DCM made the call to align
the bulkhead at 2 feet waterward of NWL I did discuss the project with Army Corp. They had concerns with the
potential for loss of the wetlands with the original bulkhead alignment and were happier with the 2 foot in front of NWL
alignment with the northern return wall landward of the wetlands. In discussing your proposal of 8 foot in front of NWL
with staff, we have agreed that your erosion rate over the past year has been approximately 8 feet. So DCM is OK with
the bulkhead aligned 8 foot waterward of NWL provided the return walls stay their original length and the northern
return wall is landward of the wetlands, resulting in no wetland fill or excavation. The northern return wall, at 18 feet
and at a 90° angle to the bulkhead, would place the end of the return wall approximately 3 feet from the wetland
line. Knowing that The Army Corp. had concerns with the potential loss of wetlands with the original proposal, I hope
that they will be good with this latest revision. Unfortunately, to date I have not heard from The Army Corp. I asked for
an update this morning.
So, I have attached a revised drawing above for you to review. If you agree with the above proposal, please respond to
this email and I will use this drawing in the application and will update The Army Corp. and the other review
agencies. My hope is that the updated drawing will provide The Army Corp. the information they need to make a
decision.
Thanks,
Gregg
From: Bodnar, Gregg
Sent: Monday, April 5, 2021 11:27 AM
To: Bobby Abernrthy<brnethv hotmail.com>
Subject: RE: [External] information
Morning Mr. Abernathy,
I will discuss with staff and get back to you asap.
Gregg
From: Bobby Abernrthy <brnethvhotmail.com>
Sent: Friday, April 2, 20219:48 AM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] information
CAUTION: Externalemail. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I'd like to apologize for asking so many questions when you called yesterday. This was due to being a layman in
this permit process and lacking an understanding of all that goes into it. I researched the rule you gave me and
now think I understand what you were saying. The rate of erosion I entered on the application was an
uneducated guess because I though some government agency would have much better information on this
than me. Based on the rule you quoted I can't go further out in the water than the erosion rate on the
application. If I'm wrong again, please tell me. Here's what I'd like you to consider in the conditions if this
application is approved. Both Robert and Ron stated the house was laid out in compliance with the thirty-foot
CAMA buffer from the NWL when built. Now it is fourteen feet from the house to the NWL. This means we've

had sixteen feet of shore erosion in two years or eight feet a year. If I could change the erosion rate from two
feet a year to eight feet a year that would enable us to get eight feet of buffer instead of eighteen we
requested and meet the rule requirements. We're really in bad shape here and any significant SW wind for a
short period of time causes the water to come under the house and takes away more shoreline. Any additional
buffer we can gain will really help us in saving our property. We hit cypress roots eighty-five feet out when
constructed the pier so I'm thinking the Professor from ECU was correct in saying one hundred feet of
shoreline has been lost in the last fifty years. I was told there was no evidence of shore erosion was here when
we bought the property and I've never lived in this type of terrain and didn't question it. We really enjoy living
in the wetlands and have tried to not make any changes to anything since we've been here. We tried some of
the living shore plants after attending training on establishing a living shoreline. They washed away in about a
month. We are hoping this information is helpful to you and we can gain a little buffer to protect us. I know
how busy everyone is and will do any legwork for your if needed. Thanks in advance for considering this.
Bobby and Ellen Abernethy
102 Lane Av.
Jarvisburg, N.C. 27947

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Thursday, April 1, 2021 10:00 AM
To:
'Pelletier, Josh R CIV CESAW CESAD (USA)'; Pullinger, Robert Q Martin, Tina R
Cc:
Harrison, James A; Dunn, Maria T.
Subject:
Abernathy
Morning all,
I wanted to update you all on some changes to the bulkhead alignment that will be conditioned into our project, so no
updated plans will be available. We will condition any permit to align the bulkhead 2 foot waterward of NWL and the
return wall near the 404 will be conditioned landward of any 404.
Advised the applicant of the conditions as well. No need to revise any comments unless they were objections.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 28N eft 215 (OHiee)
Gre . n n enrM
&mall correspondence to and Jrom this address is subject to the
North Carolina Public Records law and may be disclosed to third parties.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Bobby and Ellen Abernethy
[e-mail]
Dear Mr. and Mrs. Abernethy,
NORTH CAROLINA
Environmental Quality
March 5, 2021
F/
4E
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to construct a bulkhead and osprey pole, in Currituck
County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make May 20, 2021 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone [phone] ext. 215) or e-mail ([e-mail]).
Cc: DCM Elizabeth City
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
OMMMIM
IYwIwYl6�1p�
North Carolina Department of Environmental Quality I DNIslon of Coastal Management
Morehead City Offlce 1 400 Commerce Avenue I Morehead Chy, North Carolina 28557
252.808.2808

Bodnar, Gregg
From:
Sent:
To:
Cc:
Subject:
Attachments:
Morning Mr. and Mrs. Abernethy,
Bodnar, Gregg
Friday, March 5, 2021 9:39 AM
[e-mail]
Cynthia Rountree; Godfrey, Ella M
Abernethy Extension
Abernethy EXT.pdf
Please see above for the extension letter for the project. Currently I am waiting on the Army Corp and Division of Water
Resources. Once those comments are in I should be able to make a final decision.
Thanks,
Gregg
Gregg Bodnar
Assistant Major permits Coordinator
Division of Coastal Management
Department of Environmental Quality
292 BU 2808ext21S (Office)
Gmgg.B*dnqr0ncdenr.gR
Emall correspondence to and horn this address is subject to the
North Caroba Public Records Low and may be disclosed to third parties.

Bodnar Gregg
From: Corbett, Robert W
Sent: Wednesday, February 10, 2021 4:53 PM
To: Bodnar, Gregg
Subject: RE: Abernethy
No, the osprey pole was to be located outside the 15' corridor. I was unable to fit the property line on drawing 1 of 2.
The arrow is drawn showing that the P/L exist off the page.
Robert W. Corbett Jr.
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 233
252-331-2951 (fax)
robertcorbett(cDncdenr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
ok "Nathrny Compares -
***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.***
From: Bodnar, Gregg
Sent: Wednesday, February 10, 20214:12 PM
To: Corbett, Robert W <[e-mail]>
Subject: Abernethy
Hey Robert,
Based on the drawings 1 of 2 it looks like the osprey pole is within the Crossett's riparian property. Is that correct?
Thanks,
Gregg
D_E Q>
Gregg Socinar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental QuaNty
2S2 SOS 2605 ext 21S (Office)
Greaa. Sodnar ftcdenr.Rov
Email correspondence to and Jrom dds address is subject to the
North CaroNno pubfk Records tow and may be dlsdosed to third parties-

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Monday, February 22, 2021 10:17 AM
To:
Dunn, Maria T.; Harrison, James A; Pullinger, Robert C; Martin, Tina R; Pelletier, Josh R
CIV CESAW CESAD (USA)
Cc:
Corbett, Robert W
Subject:
Abernathy CAMA Application
Hey all,
Maria brought up some concerns about the bulkhead alignment and the potential for 404 loss. I spoke to Robert and he
had brought all of this up to the applicant and this is what he decided on. If you have comments concerning the loss of
404 based on the alignment of the bulkhead and wing walls send them on and I will discuss them with the applicant and
his options. At this time is options would be to add it to the application or if a permit was issued he could mod the
permit or get a GP if the rip rap fit our rules. Let me know any concerns asap so I can discuss with the applicant and if he
needs to modify based on concerns that we can get the project revised quickly.
Thanks,
Gregg
D_EC��t
Gregg Bodnar
Assistant Major Permits Coordinator
0ivision of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (OHke)
G regg._Bodnarcdenr,ttav
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

DIVISION OF COASTAL MANAGEMENT RECEIVED
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bobby and Ellen Abernethy
COUNTY: Currltuck FEB 0 2 2021
PROJECT NAME: Abernethy Bulkhead
DCM-MHDCITY
LOCATION OF PROJECT: 102 Lane Avenue, Jarvisburg
DATE APPLICATION RECEIVED COMPLETE BY FIELD:
12-21-20
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded: No
FIELD REPRESENTATIVE: Robert Corbett /�
DISTRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: (/
Date��laox1
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
FEE REC'D: $400 (6W40) # III(D)
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 2-7-21
END OF NOTICE DATE: 2-27-21
ADJ. RIP. PROP NOTICES REC'D: _ _ _
DEED REC'D: Yes /
T t/2-(
C) 75 DAY DEADLINE: 3-6-21
150 DAY DEADLINE:
EMAIL OUT DATE: 2-2-21 STATE DUE DATE: 2-23-21
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
OBJECTIONS:
COMMENTS
YES NO
RETURNED
DCM — Field
I DCM—LUP Consistency Determination 1A1ILl I I I
Local Permit Officer
Corps of Engineers — Regulator
DWR-401 Section
D WR — Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
DMF — Habitat & Enhancement
DNCR — Archives & History
Branch
DNCR — Natural Heritage Program
NCDOT
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ROY COOPER - NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Dir"Tor MEMORANDUM
TO: Gregg Bodnar, Assistant Major Permits Coordinator
THROUGH: Ron Renaldi, District Manager 9 PA
FROM: Robert Corbett, Field Representative R'XC
DATE: December 22, 2020
SUBJECT: Bobby & Ellen Abernethy Major Permit Recommendations
The applicant proposes to construct an isolated bulkhead a maximum distance of 18' waterward
of normal water level and install an osprey nest pole.
The site of the proposed development is located at 102 Lane Avenue, Jarvisburg, Currituck
County, adjacent to North River connecting to the Albemarle Sound.
The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and
Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's).
I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this
project and my findings are as follows:
15A NCAC 07H.0208 Use Standards
Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are
not water dependent within the EW and PTA and lists uses that may be considered water
dependent.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a) (1) States "Uses which are not water dependent shall not be permitted in coastal
wetlands, estuarine waters, and public_trust areas. Restaurants, residences, apartments, motels,
hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not
water dependent. Uses that are water dependent include: utility crossings, wind energy facilities,
docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads,
culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and
drainage ditches;"
p EQ� RECEIVED
FEB 02 2021
North Carolina Department of Environmental Quality I Division of Coastal Managetnent
Elizabeth City Office 1401 South Griffin Street. Suite 3011 Elizabeth City. North Carolina 27909 DCti1_MHD CITY

Gregg Bodnar, Assistant Major Permits Coordinator
Bobby & Ellen Abernethy Major Permit Recommendations
December 22, 2020
Page 2
Consistent: The proposed development is considered water -dependent.
Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the
construction activities involved shall be consistent with the management objective of the
Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse
impacts upon the productivity and biologic integrity of coastal wetlands, shellfish bed,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning
and nursery areas.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(B) states that development shall comply with state and federal water and air
quality standards.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented
archaeological or historic resources as identified by the N.C. Department of Cultural Resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(D) states that development shall not increase siltation.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(E) states that development shall not create stagnant water bodies.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts
on life cycles of estuarine and ocean resources.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (a)(2)(G) states that development shall notjeopardize the use of the waters for
navigation or for other public trust rights in public trust areas including estuarine waters.
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (7) Bulkheads, pertains
to this project, and those subparagraphs not listed are not applicable to this project. RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Gregg Bodnar, Assistant Major Permits Coordinator
Bobby & Ellen Abernethy Major Permit Recommendations
December 22, 2020
Page 3
Para ag<nh (7) Bulkheads
Subparagraph (7) (A) states, 'Bulkhead alignment, for the purpose of shoreline stabilization,
shall approximate the location of normal high water or normal water level."
Inconsistent: The proposed bulkhead averages 10.2' measured from NWL and has a
maximum distance waterward of 18' (See Subparagraph (7) (D) below).
Subparagraph (7) (B) states, `Bulkheads shall be constructed landward of coastal wetlands in
order to avoid significant adverse impacts to the resources."
Consistent: The proposed development is consistent with the intent of this rule.
Subparagraph (7) (C) states, "Bulkhead backfill material shall be obtained from an upland source
approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a
part of a permitted project involving excavation from a non -upland source, the material so
obtained may be contained behind the bulkhead."
Consistent: The proposed development is consistent with the intent of this rule
Subparagraph (7) (D) states, `Bulkheads shall be permitted below normal high water or normal
water level only when the following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results from
natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep
grade bank, which will cause the applicant unreasonable hardship under the other provisions of
this Rule;
Consistent: The proposed development is consistent with the intent of this rule.
(ii) the bulkhead alignment extends no further below normal high water or normal water level
than necessary to allow recovery of the area eroded in the year prior to the date of application, to
align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the
unusual geographic or geologic features;
Inconsistent: The proposed development will result in a bulkhead alignment with a
maximum distance waterward of 18' measured from NWL. This is to provide a 30' area of
high ground immediately adjacent to the applicant's single family dwelling.
(iii) the bulkhead alignment will not adversely impact public trust rights or the property of
adjacent riparian owners;
RECEIVED
FEB 02 2021
DCM-MHD CITY

Gregg Bodnar, Assistant Major Permits Coordinator
Bobby & Ellen Abernethy Major Permit Recommendations
December 22, 2020
Page 4
Consistent: The proposed development is consistent with the intent of this rule.
(iv) the need for a bulkhead below normal high water or normal water level is documented
by the Division of Coastal Management;
Consistent: The proposed development is consistent with the intent of this rule. At the time
the CAMA Minor Permit was authorized for the single family dwelling the home was
located 30' landward of NWL.
(v) the property to be bulkheaded is in a nonoceanfront area."
Consistent: The proposed development is consistent with the intent of this rule.
15A NCAC 07H.0209 Use Standards
Paragraph (d) (1) states "All development projects, proposals, and designs shall preserve natural
barriers to erosion, including peat marshland, resistant clay shorelines, and cypress -gum
protective fringe areas adjacent to vulnerable shorelines."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (2) states "All development projects, proposals, and designs shall limit the
construction of impervious surfaces and areas not allowing natural drainage to only so much as is
necessary to service the primary purpose or use for which the lot is to be developed. Impervious
surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can
demonstrate, through innovative design, that the protection provided by the design would be
equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding
the 30 percent impervious surface limitation shall be permitted if impervious areas are not
increased and the applicant designs the project to comply with the rule to the maximum extent
feasible."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (3) states "All development projects, proposals, and designs shall comply with the
following mandatory standards of the North Carolina Sedimentation Pollution Control Act of
1973:
(A) All development projects, proposals, and designs shall provide for a buffer zone along the
margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of
the buffer zone nearest the land disturbing development.
RECEIVED
FFR 02 2021
t D —; s t-MHO CITY

Gregg Bodnar, Assistant Major Permits Coordinator
Bobby & Ellen Abernethy Major Permit Recommendations
December 22, 2020
Page 5
Consistent: The proposed development is consistent with the intent of this rule.
(13) No development project proposal or design shall propose an angle for graded slopes or fill
that is greater than an angle that can be retained by vegetative cover or other erosion -control
devices or structures.
Consistent: The proposed development is consistent with the intent of this rule.
(C) All development projects, proposals, and designs that involve uncovering more than one acre
of land shall plant a ground cover sufficient to restrain erosion within 30 working days of
completion of the grading; unless the project involves clearing land for the purpose of forming a
reservoir later to be inundated."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (4) states "Development shall not have a significant adverse impact on estuarine
and ocean resources. Significant adverse impacts include development that would directly or
indirectly impair water quality increase shoreline erosion, alter coastal wetlands or Submerged
Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water,
or cause degradation of shellfish beds."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (5) states "Development shall not interfere with existing public rights of access to,
or use of, navigable waters or public resources."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (6) states "No public facility shall be permitted if such a facility is likely to require
public expenditures for maintenance and continued use, unless it can be shown that the public
purpose served by the facility outweighs the required public expenditures for construction,
maintenance, and continued use."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (7) states "Development shall not cause irreversible damage to valuable, historic
architectural or archaeological resources as documented by the local historic commission or the
North Carolina Department of Natural and Cultural Resources."
Consistent: The proposed development is consistent with the intent of this rule.
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Gregg Bodnar, Assistant Major Permits Coordinator
Bobby & Ellen Abernethy Major Permit Recommendations
December 22, 2020
Page 6
Paragraph (d) (8) states "Established .common-law and statutory public rights of access to the
public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development
shall not encroach upon public accessways nor shall it limit the use of the accessways."
Consistent: The proposed development is consistent with the intent of this rule.
Paragraph (d) (10) states "specific information, degrade the water quality or outstanding resource
values. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs),
new development shall be located a distance of 30 feet landward of the normal water level or
normal high water level, with the exception of the following:
(A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section;"
Consistent: The proposed development is considered water dependent.
Based on my review of the applicable subsections of the North Carolina Administrative Code,
the permit application, and plans, I recommend issuing a permit be issued to Bobby and Ellen
Abernethy for the development for the purposes of preserving the applicants imminently
threatened dwelling.
RECEIVED
FEB 02 2021
DCM-MHD CITY

Bodnar, Gregg
From: Gupton, Sharon
Sent: Wednesday, April 14, 2021 10:19 AM
To: Bodnar, Gregg
Subject: RE: Revision to Bobby and Ellen Abernethy - comment request
The changes noted do not change the "no comment" from Shellfish Sanitation.
Thanks!
Christa Sanderford
Environmental Specialist
Shellfish Sanitation and Recreational Water Quality
Division of Marine Fisheries
Dept. of Environmental Quality
Sharon (jupton
.2ldministrative Specialist
Sheloish Sanitation & Pecreational Water Quality
Division of .Marine ,Fisheries
N.GDepartment of Environmental Quality
252-8o8-8»8 office
252-726-6827
Sharon. [e-mail]
P.O. Box 769
9vloreheadCity, NC 28557
DE
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, April 12, 2021 1:22 PM
To: [e-mail]; Owens, Charlan <[e-mail]>; Pelletier, Josh R CIV
CESAW CESAD (USA) <[e-mail]>; Padrick, Lee <[[e-mail]>; DCR -
Environmental_Review <[e-mail]>; Whitfield, Clif <[e-mail]>; Harrison,
James A <[e-mail]>; Harris, David B <[e-mail]>; Jenkins, Shannon
<[e-mail]>; Gupton, Sharon <[e-mail]>; Walton, Tim

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAMS
DhvMr
February 2, 2021
MEMORANDUM:
.NORTH CAROUNA
bvlranmenralQuauty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
` Fax: [phone] (Courier 04-16.33)
arena.bodnaancdenr.gov
SUBJECT: CAMA/Dredge & Fi0 Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg In Currituck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
Install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greo48odnarat the address above by February23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data Is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
VThis 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
�f comments.
PRINT NAME Christy Sanderford
1
AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality RECEIVE-D
SIGNATURE S�for Shannon Jenkins �9
DATE 2/3/2021 F E B n 2021
MP SECTION li�ld� D
�D Q
North Carolina Department oFE11vironmental Quality I DlvlslonofCoastal Management
Elizabeth City Office 1 401 South Grlf la Street, Suite 300 1 Eltzabeth City.North Cardlna27909
2522643901

ROY COOPER
Govrrnw
MICHAEL S. REGAN
Secmtary
BRAXTON C. DAVIS
Dlmclor
February 2, 2021
MEMORANDUM:
NORTH CAROLINA
Env4anmmtolQuaDry
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16.33)
Qreambodnar0ncdenr.Qov
SUBJECT: CAMA/Dredge & Flll Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg In Currituck County
Proposed Project: Construct a bulkhead .a maximum distance of 18' waterward of NWL and
Install an osprey nest pole.
Pleaseindicate below your agency's position or viewpoint on the proposed project and
return flits form to Green Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/ ••Additional comments may be attached**
v 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
r 1co Imme/n�ts.
PRINT NAME C 1)) r W llll`Frey
AGENCY P14 IlL I ✓aYkt 51404 secxiok
_-�-- RECEIVE®
SIGNATURE ^ rj�1gwt
DATE FEB 8 2021
pEQ10P SECTION MHD
NorthCardina Department or Envlroamental Qualhy I DlvWW ofOwstalMamSement
El4abnh OtyOrnce 1 401 South GAlOn Stmet. Sulte20,o I ELraheth Oty,North Cardna27909
252.264.3901

ROY COOPER
GQr W
MICHAEL S. REGAN
Secretary
BRAXTON C. DAMS
Maur
February 2, 2021
NORTH CAROLINA
£nironmentarQaanty
FROM: Grogg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04.16-33)
areon. bodnar(d)nedenr.aov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg In Currltuck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
Install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gm-na Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
x 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.
PRINT NAME Lee Padrick
AGENCY NC Commerce
SIGNATURE _Z� RECEIVE®
DATE 2-3-21
F E B g 2021
DEQ� MP SECTION PAHD
Notll"olloo DeWauntofrndton tal Qatlay 101sh1onofCoastal Man 9g F1t
rluahtth CIty0lnce 14015ovthGrHPmS1rtet. $Wle 300 1 ElhabtlhUy,North Cankna 2f909
Z522643901

ROY COOPER
Common
MICHAEL S. REGAN
Seoetary
BRAXTON C. DAVIS
Dbeetar
February 2, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quanty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-18.33)
gregg [e-mail]
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg in Currituck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
Install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252.264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME �xlM t l2 �UMl f�c Y
AGENCY
SIGNATURE -------- 7
DATE
RECEIVED
FEB A 2021
MVP SECTION M D
North Carolina Department orfnvironnrental Qua9ly 1 Division of Cmistal Management
Elizabeth City 001<e 1 401 South CrifUn Street Suite S00 I Elizabeth City, North Carolina 27909
2SZ264.1901

ROY COOPER
Gownw
MICHAELS, REGAN
S¢craaey . .. . .
BRAKfonc. DAMS
e1RGtor
February 2, 2021
MEMORANDUM:
. NORTH`CAROUNA
tinaew, wr"Iuy
FROM: Gregg Bodnar, Assistant. Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Cou►te►04.1643)
arena bodnar(anoderiroov
SUBJECT: CAMAIDredge & FNApplication Review
Applicant: Bobby and Ellen Abernethy
Project Location; '102 Lane Avenue, Jarvlsburg In Currituck County
ProposeciVroject: Construct a bulkhead a maximum distance of 18' waterward'of NWL and
Install. an osprey nest pole.
Please indicate below your agency s position or viewpoint an the proposed project and.
return this form'fo Greaa Bodnar at -the address above by February 29, 2021. If you have any.
questions regarding the proposed project, bontect Robert Corbett (252-264-3801, ext 233) when
appropriate, in-depth comments withsppporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additionaicomments may be attached"
This agency has no.comment onthe,proposed project.
This agency approves of the project only; if. the recommended changes
are -incorporated. See allaghed.
_ This agency objects to the project for reasons described in attached
comments.
PRINT NAME +w ®aui�s
AGENCY
J
SIGNATU E
DATE Z —l-7 Zoe
LEQw
�
RECEIVE®
FEB 1 7 2021
MP SECTION Oral• D
North CaroWOepattmmtoFervhonm MI0A9* I M*WnefCQWWMaw9emTkt
Flhabeth.C9ty onia 140ISouth GtnMStmet. SURe300 I Embeth O19.Nmth C Ar09na 2r909
2S?1"39M

ti
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Charlan Owen ICP, NE District Planner
Division of Coa tal Management
SUBJECT: Major Permit Request by Bobby and Ellen Abernethy to install 90 linear feet of vinyl
bulkhead and an osprey nest pole on the North River; at 102 Lane Avenue, in the
Jarvisburg community, Curzi�uck County.
DATE: February 17, 2021
Consistency Determination: The request is consistent with/not in conflict with the Currituck
County 2006 Core Land Use Plan (LUP) certified by the CRC on
May 18, 2007 as amended through July 2, 2019,
Overview: The 7.39 acre subject property has approximately 575 linear feet of shoreline along
the North River, which connects to the Albemarle Sound. Water depths range from -.5 foot to
-2.5 feet and averages -1.5 feet within 18 feet of the shoreline. The site consists primarily of
vegetated Section 404 wetlands. A .48 acre upland extends from Lane Avenue, bisects the
wetland area, and fans out at the river along approximately 135 linear feet shoreline. The upland
area has an elevation of approximately 2 feet above Normal Water Level (NWL) and is vegetated
with yard grasses and some trees. The property is located primarily within the AE (5) Floodzone
with some areas along Lane Avenue outside of the foodzone.
Existing site improvements include a single family house, shed, and gravel driveway. The
driveway extends along narrow uplands between Lane Avenue and the shoreline where the house
is located. Existing shoreline improvements consist of a pier with platforms, a boat house and
two (2) wood groins. Site improvements were permitted a distance of 30 feet or greater from NWL
under CAMA Minor Permit 14-25. Since site improvements were constructed in 2017, the
shoreline has eroded and the house is now located 18 feet from the shoreline.
Installation of 90 linear feet of vinyl bulkhead with return walls and an osprey nest pole is
proposed. The bulkhead will be located parallel to the house along the eroding shoreline. The
bulkhead will be sited a maximum distance of 18 feet and an average distance of 10.2 feet
waterward of NWL. Excavation of trees and root balls may be required. Backfill material will be
RECEIVED
F E B 1 7 2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Elinbeth City office 1 401 South Griffin Street Suite 3001 Elizabeth City. North Carolina 27909
252.264,3901
WiP SECTION MHD

North Carolina Department of Environmental Quality MEMORANDUM
Division of Coastal Management Page 2 of 4
obtained from a clean upland source. The nest pole will be installed in -2.5 feet of water and will
not cause a navigational hazard.
The waters of the North River in this area are classified as SC and Joint Waters and are closed
to shellfish taking. No submerged aquatic vegetation was observed growing at the project site.
Based on available information, there appear to be no archaeological sites on or near the property.
Anticipated impacts resulting from this project are expected to include: the filling of 919 sq. ft. of
Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and; the disturbance
of 1,800 sq. ft. of High Ground within the Estuarine Shoreline AEC.
Basis for Determination:
The property is designated as "Limited Service" on the Currituck County Future Land Use Map
(FLUM); with Areas of Environmental Concern (AECs) also designated as "Conservation Areas'
as indicated on Page 11-1. The property is also located in the "Jarvisburg" sub area.
As indicated on Page 11-1, the purpose of the Conservation designation is to provide for the long-
term management and protection of significant, limited, or irreplaceable areas. Proper
management is needed to conserve the natural, cultural, recreational, scenic or biologically
productive values of these areas. The designation is applied to areas that should not be
developed at all (preserved), or if developed, done so in a very limited manner characterized by
careful planning and cautious attention to the conservation of environmental features. As
indicated on Page 11-2, the standards of the Conservation class shall be applied in accordance
with the site specific information made available during special studies and/or the land
development process.
Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or
foster", "Should: Ought to, if -no valid reason not to", and "Support: to shore up, may imply financial
support".
Land Use Plan policies address the use of vegetated buffers to reduce pollutants and protect
water quality. In this case, bulkhead will help protect water quality by reducing soil erosion and
sedimentation.
FEB 1 7 2021

MEMORANDUM
North Carolina Department of Environmental Quality Page 3 of 4
Division of Coastal Management
The following LUP policies may be applicable to this request:
Land Use Compatibility:
Policy ES4, Pages 9-5 and 9-6.
"in approving new developments, Currituck County shall support the retention or
creation of vegetated buffer area along the ESTUARINE SHORELINES as a
simple, effective and low-cost means of preventing pollutants from entering
estuarine waters. Exceptions to this requirement may include developments
involving pre-existing man-made features such as hardened shorelines, ditches,
and canals... The County also supports CAMA use standards for all COASTAL
SHORELINES, whether estuarine or otherwise:'
Policy ES5, Page 9-6.
"Uses allowed in ESTUARINE WATERS must be water dependant (public
access, docks, piers, erosion control, and other CAMA-approved uses) and must
not interfere with the proper function, cleanliness, salinity, and circulation of the
resource..."
Natural Hazards:
Policy NH 1, Page 9-16.
"The County recognizes the risks to life and property that exist within SPECIAL
FLOOD HAZARD AREAS (i.e. areas having a 1% chance of flooding in any year)
that may be inundated during major storm events. The County will continue
taking measures to mitigate these risks and will avoid taking any action in these
areas that materially increases risks to life and property."
Policy NH2, Page 9-16.
"The County shall require development and redevelopment within SPECIAL
FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance
Program and the County's Flood Damage Prevention Ordinance..."
Policy NH S, Page 9-16.
"Currituck County encourages owners of PROPERTIES ALONG ESTUARINE
SHORELINES to employthe least hardened approach to shoreline stabilization
RECEIVE®
F EB 1 7 2021
MP SECTION -A

North Carolina Department of Environmental Quality
Division of Coastal Management
(i. e. marsh grass favored over riprap favored over bulkhead, etc.) provided that
reasonable access is available to install the technology available."
Water Quality:
Policy WQ 3, Page 9-17,
MEMORANDUM
Page 4 of 4
"Currituck County supports policies, plans and actions that help protect the water
quality of the county's estuarine system by preventing SOIL EROSION AND
SEDIMENTATION, and by controlling the quantity and quality of STORMWATER
RUNOFF entering the estuary."
Policy WQ 4, Page 9-17.
"RUNOFF AND DRAINAGE from development, forestry and agricultural activities
shall be of a quality and quantity as near to natural conditions as possible. Post -
development runoff shall not exceed pre -development volumes."
Policy WQ 5, Page 9-17.
"Development that preserves the NATURAL FEATURES OF THE SITE,
including existing topography and significant existing vegetation, shall be
encouraged..."
Policy WQ 6, Page 9-17.
"Currituck County supports the retention or preservation of VEGETATED
BUFFERS along the edge of drainage ways, streams, and other components of
the estuarine system as an effective, low cost means of protecting water quality."
Local Countywide Concerns:
Policy HP4, Page 9-20.
"The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC
RESOURCES, AND ARCHAEOLOGICAL RESOURCES in the planning area
shall be discouraged."
F E B 1 7 2021
LI PAP SECTION MHD

ROY COOPER
Governor
MICHAEL S. REGAN
Seaetary
BRAXTON C. DAVIS
Director
February 2, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quallry
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
n reng. bod n ariVincdenr. nov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg in Currituck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to. Gregg Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached"
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.
PRINT NAME W
AGENCY Ak5111r, s""4gpw
SIGNATURE W .P
DATE S &P, a ba i
D Q�
FEB 2 P 2021
MIP SECTION WD
North Carolina Department of Environmental Quality I Divlston of Coastal Management
Elizabeth City Office 1 401 South Griffin Street Suite 3001 Elizabeth City, North Carolina 27909
252.264.3901

a
Bodnar, Gregg
From: Dunn, Maria T.
Sent: Friday, April 23, 2021 1:58 PM
To: Bodnar, Gregg
Subject: RE: Revision to Bobby and Ellen Abernethy
Gregg,
The revised plan reduces open water fill from the original proposal and thereby reduces impacts. However, comments
regarding the adjacent wetlands remain from our previous correspondence.
Thank you for the continued updates and correspondence.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, April 12, 2021 1:22 PM
To: [e-mail]; Owens, Charlan <[e-mail]>; Pelletier, Josh R CIV
CESAW CESAD (USA) <[e-mail]>; Padrick, Lee <[e-mail]>; DCR -
Environmental Review <[e-mail]>; Whitfield, Clif <[e-mail]>; Harrison,
James A <[e-mail]>; Harris, David B <[e-mail]>; Jenkins, Shannon
<[e-mail]>; Gupton, Sharon <[e-mail]>; Walton, Tim
<[e-mail]>; Moser, Mike <[e-mail]>; Hilliard, Wanda <[e-mail]>;
Montalvo, Sheri A <[e-mail]>; Dumpor, Samir <[e-mail]>; Thorpe, Roger
<[e-mail]>; Pullinger, Robert C <[e-mail]>; Martin, Tina R
<Tina.Martin @ncdenr.gov>; Dunn, Maria T. <[e-mail]>; Butler, Rodney A
<Rod ney. Butler@ ncdcr.gov>
Cc: Renaldi, Ronald <[e-mail]>; Corbett, Robert W <[e-mail]>; Godfrey, Ella M
<[e-mail]>
Subject: Revision to Bobby and Ellen Abernethy
Afternoon all,
After discussions the applicant has agreed to the above revision for drawing 1 of 2. The revision is in blue and places the
bulkhead a maximum of 8 feet from NWL in a generally shore parallel alignment. This alignment was agreed upon by
DCM and the applicant to recover the correct amount of erosion over the past 12 months. Please also note that the
northern return wall is angled to be landward of the wetlands by approximately 3 feet and no wetland fill or excavation

is proposed. If this revision changes your comments please respond with updated comments ASAP. If you have not
provided comments to date, please refer to this updated workplan as the replacement for drawing 1 of 2.
Regards,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 280E ext 215 (Office)
Greg& W narfsncdenr.gov
Fm ll correspondenm to andlrorn this address is subject to the
North Carolina Pubilo Records tow and may be dWased to third parties.

ROY COOPER
Governor
MICHAEL S. REGAN
S—fory
BRAXTON C. DAVIS
Director
February 2, 2021
NORTH CAROLINA
Environmental Quality
C-2 I. D2.02. aL
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodna�[e-mail]
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg in Currituck County
Proposed Project: Construct a bulkhead a maximum distance of 18, waterward of NWL and
install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext 233) when
appropriate, In-depth comments with supporting data is requested.
Y: This agency has no objection to the project as proposes.
"Additional comments may be attached"
_ 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.
PRINT NAME
AGENCY P—C-
SIGNATURE
DATE
REMOVED
DEQ3�
North Carolina Department of Environnu'ntalquaray I DivistonorCoastal Management IT, P
Ebrabeth City Office 1 401 South GrOM Strwt. Suite3001 rliubcth Clty,North CaroMa27909
2572643901
F E B 2 2 2021
SECTION MHD
C

® North Carolina Wildlife Resources Commission "fI
Cameron Ingrain, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management RECEIVED
North Carolina Department of Environmental Quality
�...�1 F E B =C2
FROM: Maria T_ Dunn, Coastal Coordinator ....
Habitat Conservation Division MP SECTION LIl"3
DATE: February 22, 2021
SUBJECT: CAMA Dredge/Fill permit Application for Bobby Abernethy, Curntuck County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is
located at 102 Lane Avenue adjacent to the North River in Jarvisburg, NC. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100
through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and
the Fish and Wildlife Coordination Act (48 Star. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to construct a bulkhead to protect the residence and septic field that
would be installed a maximum distance 18' waterward NWL. The amount of fill for the 90' of
bulkhead would be 918 ft- and would place the residence immediately outside the AEC with the
new bulkhead alignment. In addition to the bulkhead, an osprey pole is proposed within -2.5' of
water. The North River at this location is classified SC by the Environmental Management
Commission.
The NCWRC has reviewed the permit application and does not object to the shoreline
stabilization proposal or osprey pole. While we noticed the applicant stated in the narrative that
they were going to pursue a living shoreline at some point in the future, we recommend if at all
possible additional stabilization measures be considered at this time. often vertical stabilization
structures can exacerbate erosion to adjacent lands. The adjacent lands on this property are
wetlands. The installation of a low elevation riprap revetment along the interface of wetland
Mailing Address: HTelaL COns�atiOn ' 0220 adFa= c ( 19) 707 0028 gh, NC 27699-1721
AA

Page 2
substrate that ties into the bulkhead may diffuse energy from the vertical structure and help
preserve the riparian wetlands that are in close proximity to the residence. Incorporating this
design during the construction of the bulkhead may minimize disturbance and provide a more
wholistic shoreline protection. If the applicant adheres to guidelines within the NC Division of
Coastal Management's General Permit for the installation of a riprap revetment waterward of
wetlands (15A NCAC 07H .2400), the NCWRC would have no additional comments.
We appreciate the opportunity to review and comment on this permit application. If you need
further assistance or additional information, please contact me at [phone] or at
niaria.dunnna,ncwildlife.org
pxECE-IVED
F E B 2 2 2021
NIP SECTION MHD

OY COOPER
oven7w
11CHAEL S. REGAN
ecretory
,RAXTON C. DAVIS
Irector
February 2, 2021
MEMORANDUM:
NORTH CAROLINA
Eovtranmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16-33)
areoQ bodnar(Wricdencgo_v
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg in Currituck County
Proposed Project: Construct
bulkhea
a maximum distance of 18, waterward of NWL and
install osprey ea
e.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gre0 Bodnar at the address above by February 23, 2021. If you have any
contact Robert Corbett (252-2ti4-3901, ext. 233) when
questions regarding the proposed project,
appropriate, in-depth comments with supporting data is requested.
Y: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_ 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.
PRINT NAME Tina Martin Project # 2020-1563
Written Concurrence Required - GC 4175
AGENCY D'visionof ater Resources RECEIVED
SIGNATURE Alf
DATE February22, 2021 F E B 2 3 2021
DEQ� MP SECTION MHD
North Carolina Department of Environmental QuagtY I DlvIslonofcoastalManagement
Elizabeth Cltyofte 1 401 South G iffinSut. Sulte3264390100I Elizabeth Cny.North Carol1na27909

ROY COOPER
Governor
MICHAEL S. REGAN'
Seema v
BRAXTON C. DAMS
DLectcr
February 2, 2021
NORTH CAROLINA
EnvironmentarQuaaty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-18.33)
arean.bodnarancdenr.aov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg In Currltuck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
Install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grew Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME James Harrison
AGENCY N''��CQMF
SIGNATURE 05L4 .2 Wa44 d ,,OL
DATE 23�ary2021 RECEIVED
F E 8 2 q 2021
EQIP
R°��/'' PAP SECTION MHD
North Carolina Department orthdronmental Quality I DWOn of Coastal Management
Elizabeth Oty Ofnce.1401 South Griffin Street, Suhe 3001 Elizabeth Ory, North Carona 27909
2522643901

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
JOHN G. BATHERSON
Acting Director
MEMORANDUM:
TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
FROM: James Harrison, NCDCF Fisheries Resource Specialist
SUBJECT: 102 Lane Avenue, Currituck County
DATE: 23 February 2021
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that may impact fish and fish
habitats. The proposed work is located at 102 Lane Avenue, Jarvisburg, within Currituck
County. The applicant is proposing to construct a bulkhead, a maximum of 18 feet
waterward of normal water line (NWL), and install an osprey nest pole. The bulkhead
would be 90 feet long and involve 918 square feet of fill. The waters of this location are
classified as SC, and are closed to shellfishing. No submerged aquatic vegetation (SAV) was
observed during site visits conducted by DCM staff. The narrative provided with the
application also notes that the applicants wish to include a living shoreline in the future to
aid in erosion prevention.
The DMF does not oppose to the project as -proposed. However, DMF would like to
emphasize the comments provided by WRC staff in regards to the possibility of adding a
living shoreline in the future. Vertical bulkheads have been shown to be less biologically
productive in comparison to natural shorelines. Additionally, the prevention of erosion via
bulkhead restricts wetland migration, and can increase erosion in nearby areas. At this
location, the erosion could occur in nearby wetland areas. Inclusion of rocky structure
could aid in erosion prevention of nearby wetlands, while also providing three-dimensional
habitat structure for fishes. Furthermore, inclusion of this aspect would minimize the
overall impacts associated with work at this site.
Thank you for consideration of our comments. Please contact Jimmy Harrison at (252)
948-3835 or at iames.harrisonOncdenr.gov with any further questions or concerns.
RECEIVED
FEE 2 , 2021
State of North Cardin I Division of Marine Fisheries M��
&IP n��T���i 3441 Arendell Street I P.O. Bar 769 1 Morehead City, North Cardin 28557 r
252-726-7021

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Dheuor
February 2, 2021
MEMORANDUM:
NORTH CAROLINA
EnV&0nmentdQWl1fy
Received: 2/19/2021
Historic Preservation Office
Due: 3/1/2021
ER 21-0521
FROM: Gregg Bodnar, Assistant Major Permits Coordinator NC - NCH
NCDEQ - Division of Coastal Management 2/25/2021
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier04-16.33)
cream bodnar(Wricdenr goy
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg in Currituck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
Install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
_ This agency has no objection to the project as proposed.
"Additional comments may be attached"
x 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.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
SIGNATURE
DATE
2/26/2021
D Q�
RECEIVED
F E B 2 6 2021
V P SECTION MHg
North Carolina Departmmt of Environmental Quality I Division of Coastal MnnayeBEnt
Elizabeth City0f W 1 401 South GrifflnStmt, Suite 3001 Elizabeth C(M North Carolina 22909
2SU643901

Bodnar Gregg
From:
Moore, Bill
Sent:
Tuesday, March 2, 2021 10:25 AM
To:
Bodnar, Gregg
Subject:
CAMA projects - sw comments
Hey Greg,
The following CAMA projects have been reviewed & will not require sw permits:
Bobby & Ellen Abernethy — Currituck County — SW7210203
Charles & Doris Hudnall — Chowan County — SW7210211
Bill Moore, Environmental Engineer
Division of Energy, Mineral and Land Resources
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
4N��J.. r:A •i, INAD
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

Regulatory Division
SAW-2021-00221
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
RECEIVED
M AY 1 6 2021
NIP SECTION MHD
Reference the application of Mr. Bobby Abernethy to construct a 90 linear foot bulkhead
approximately 8 feet waterward of NWL with 918 square feet of associated backfill, adjacent to the
North River, at 102 Lane Avenue, Jarvisburg, Currituck County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/mammal/manatee guidelines.pdf.
3. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction
ormaintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
7. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
8. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
9. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,
the project must remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant. ECE��eties u
M AY 1 8 2021
P SECTION MHD

12. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office,
Regulatory Division, telephone [phone].
Copies Furnished:
Mr. Rick Trone
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mrs. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Sincerely,
Josh Pelletier
Regulatory Project Manager
`y-),: irxt nc:rr
p.r— -ter,-I, :_�...
. s r..
MAY 1 8 2021
MP SECTION MHD

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Bobby & Ellen Abernethy
2. LOCATION OF PROJECT SITE: 102 Lane Avenue, Jarvisburg, Currituck County,
adjacent to North River connecting to the Albemarle Sound.
Latitude: 36010'52.68"N Longitude: - 75°52'28.10"W
3. INVESTIGATION TYPE: CAMA / Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 7/7/2020 & 11/19/2020
Was Applicant Present - Yes (Both)
5. PROCESSING PROCEDURE: Application Received Complete - 12/21/2020
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Currituck County
Land Classification from LUP - Limited Serves
(B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), and
Estuarine Shoreline (ES)
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - None
(F) Type of Structures: Existing - Gravel Driveway, Pier, Platforms,
Boathouse with Lift, Groins, a Single
Family Dwelling, and a Shed
Planned - Bulkhead and an Osprey Nest Pole
(G) Estimated Annual Rate of Erosion: 1' to 2' per year
Source - Applicant
7. HABITAT DESCRIPTION: (Area ft2)
RIM Other
(A) High Ground within ES AEC
1,800 Disturbed ft2 (Bulkhead)
(B) Shallow Bottom EW and PTA AEC
1 W Osprey Nest Pole
918 ft2 Bulkhead
(C) Total Area Disturbed: 2,719 ft2
(D) Primary Nursery Area: No
(E) Water Classification: SC Open to Shellfishing: No
8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead a maximum
distance of 18' waterward of normal water level (NWL) and install an osprey nest pole.
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Bobby and Ellen Abernethy
Field Investigation Report
Page 2
Project Setting
The project site is addressed as 102 Lane Avenue, Jarvisburg, Currituck County, and is
adjacent to the North River. The site can be accessed by turning west from Carotake Hwy
(US-158) onto Colonial Beach Rd (SR #1122) and traveling —0.6 miles before turning to the
north onto Lane Ave. Follow Lane Ave for —0.10 miles to a gated driveway on the west side
of the road that provides access to the site.
The lot is 322,053 ft2 (7.39 acres) in size with the majority of it vegetated by USACE
Delineated 404-Wetlands. A narrow strip of high ground area that is approximately 21,000
sq ft in size extends from Lane Ave to the shoreline area that has an elevation
approximately 2' above NWL. Located within the high ground area is a single family
dwelling, a shed, and a gravel driveway which were all Permitted through CAMA Minor
Permit M14-25. At the time this permit was issued all of the construction was located a
distance of 30' or grater from normal water level (NWL). The properties shoreline has not
been hardened and is approximately 575' in length. Structures present along the shoreline
include a pier with platforms, a boat house, and 2 wood groins. According to the USDA's
Natural Resources Conservation Service's Web Soil Survey, the soil on the property is
made up of Dorovan mucky peat and Conaby muck. Based on available information, no
archaeological sites are on or near this property. Vegetation includes 404-wetlands, yard
grasses, and trees.
The adjacent riparian property to the north is unhardened marsh made up of primarily 404-
wetlands. The adjacent property to the south contains a single family dwelling with an
unhardened shoreline.
The location of the proposed work is within North River which connects to the Albemarle
Sound, and is classified as Joint waters by agreement with the Marine Fisheries
Commission and Wildlife Resources Commission. The Division of Environmental
Management's water quality classification for this area is SC and it is closed to shellfish
taking. Water depths within the project site range from -0.5' to -2.5 and average -1.5'.
Submerged aquatic vegetation, as per DMF's definition, was not observed in the proposed
project location.
Development Proposal
To prevent further erosion and to protect the existing dwelling, the applicants propose to
construct a 90' long vinyl bulkhead with return walls along the eroding shoreline paralleling
the single family dwelling on the property. The proposed bulkhead is to be located 30'
waterward of the existing single family dwelling. This alignment will result in a maximum
distance waterward of 18', and will average 10.2', as measured from normal water level.
Excavation of trees and rootballs may be required. All backfill material will be from a clean
upland source.
In addition to the proposed bulkhead, the applicants propose to install an osprey nest p41f.EIVED
The proposed nesting pole will be located in -2.5' of water and will not cause a navigational
hazard.
`F-B 02 2021
R' '!A-IIAHD CITY

Bobby and Ellen Abernethy
Field Investigation Report
Page 3
Anticipated Impacts
• The construction of the bulkhead along the proposed alignment will result in the filling of
±918 ft' of the PTA and EW AEC with clean fill from an upland source along 90' of the ES
AEC.
• The osprey nest pole will result in will shade 1 ft' of open water of the PTA and EW AEC.
Submitted by: Robert Corbett
Date: 12/22/2020
RECEIVED
FFB 02 2021
0%CM-taPHD CITY

Receivcd
Proposed Project Narative
102 Lane Av. Jarvisburg, N.C.27947 DMEC
We purchased this land and built a home here about two years ago. Since that time we have had 1-2
feet land erosion in front of our house due to water action. We took the living shore training and
planted some test plants that did not survive due to water action. During our training and information
gathering a Professor at ECU looked at our site and thought there had been a loss of about 100 ft of
shoreline in the last 50 years. When we bought this site and built we wanted to leave as much natural
as it was. We have done that. Due to erosion, our house that was built in 2017 is now only 16 feet
from the normal water mark. We have decided we need to use pvc bulkhead for for the area in front
of the house to prevent more shore loss. We'd like to go out 14 feet from the normal water mark with
this bulkhead to gain the 30 ft. LAMA requirement and to gain a small amount of our shoreline loss
back. We feel that if this is not done we will soon lose the back of our home. This bulkhead will run
the length of our home and 30 feet more where erosion is curling the shoreline back to the
house.There will be minimum disruption to our site in this project. We also plan to try a living
seashore on some of our other property waterline in the future to prevent erosion. The total pvc
bulkhead length will be 90 feet and we have around 700 feet of shoreline left in the natural state. We
also want to wash down a pole for an Osprey nest around 30 feet out in the water next to an existing
cypress tree. We have a good road to our house and there will not be any disturbance to any wetland.
The project proponent hereby certifies that all the 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.
Bobby and Ellen Abernethy
102 Lane Av.
Jarvisburg, N.C. 27947
RECEIVED
FEB 0 2 2021
()(-M-IV HD CITY

v
S
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W N Q
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m C
ReceillcLT 2
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D C IA -EC

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LOCATION MAP (N.T.S.)
U.S.A.C.E.
"404" WETLANDS
1.) TOTAL AREA — 70,997+/— sq. fL / 1.63+/— =es (coo d.meth)
2.) AS RECORDED IN PLAT CAB D, SL 239; C.C.R.
3.) PROPERTY IS LOCATED IN F.I.R.M. ZONE AE (7.2)
4.) THIS PROPERTY IS SUBJECT TO ANY EASEMENTS THAT A MORE
THOROUGH TITLE SEARCH MAY UNCOVER.
5.) THIS SURVEY IS BASED ON EXISTING FIELD MONUMENTAT10N AND
RECORDED INFORMATION.
6.) PIN NO. 9829-29-4690
7.) ADDRESS: 104 ALAN AVENUE
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Receind
X126:.:(
Pre -Filing Meeting Request Submittal for Abernethy Bulkhead
aim-Ec
[e-mail] <[e-mail]>
Thu 10/22/2020 1:11 PM
To: [e-mail] <[e-mail]>
1 1 attachments (53 K8)
DWR Pre -Filing Meeting Request Form.pdf,
The North Carolina Division of Water Resources has received the Pre -Filing
Meeting Request Form for Abernethy Bulkhead that you submitted on
10/2212020. Attached is a copy of your initial request.
This email was automatically generated by Laserfiche workflow. Please do not
respond to this email address, as responses aren't monitored.
RECEIVED
FEB 0 2 2021
OCi+iu-Pa HD CITY

HecEivcd
act 2 6
Contact Name `
Contact Email Address`
Project Owner*
Project Name `
Project County`
Owner Address:"
Bobby Abernethy
BRnelhy(Mhotmnll.com
Bobby b Ellen Abernethy
Abernethy Bulkhead
Curntuck
Sleat Adams
102 Lano Av.
Addres Um2
Qy
Jarvisburg
SaWl/Zpobde
27947
9a,e/Re /Pogm
NC.
@my
Curmurk
Is this a transportation project?` r Yes rf No
Type(*) of approval sought from the DWR:
r 401 Water Quality Certification- P 401 Water Quality Certification -
Regular E)tpress
r- Individual Permit r Modification
F Shoreline Stabilization
Doss this project have an existing project IDp?a
r Yes r No
Do you know the hams of the staff member you would like to request a nwoting with?
n,)
Please give a brief project description below. `
RECEIVED
FEB 0 2 2921
DCM-MHD CITY

Proposed Project kHraeve
102 Lane Av, Jarvisbuig, RC. 27947
We purchased this land and Win a horse here about hw years ago. Since
that lime wu have had 1-2 feet land erosion in front of our house duo to
water action. We took the living shore training and planted some lest plants
that did not survive due to water action. During our training and information
gathering a Professor at ECU looked at au site and thought there had
been a loss of about 100 ft of shoreline in the lest 50 years. When va
bought this site and built we wanted to leave as much natural as it was. We
have done that. Due to erosion, our house that was built in 2017 is now
only 16 feet from the normal water nark. We have decided we need to use
pvc bulkhead for for the area in front of the house to prevent more shore
loss. We'd like to go out 14 feat from the normal water mark with this
bulkhead to gain the 30 a. CAMA requirement and to gain a small amount
of our shoreline less back. We feet that if this Is net done we will soon lose
the bark of our hems. This bulkhead will run the length of our home and 30
feel rtara where erosion Is curing the shoreline back to the house.There
will be mnimum dsruplion to Our site in this proved. We also plan to try a
living seashore on sorts of our other properly wetadiae in the future to
prevent erosion. The total pvc bulkhead length vial be 90 fool and we have
around 700 feet of shorotina leg in the natural slate. We also went to wash
down a pow for an Osprey nest around 30 feel out in the valor right to an
ensfing cypress Info. We have a good road to our house and there wall not
be any disturbance to any wetland.
Bobby and Ellen Abernethy
102 Lane Av.
Jarvwburg, RC. 27947
Please give a couple of dates you are available for a meeting.
10/29/2020
1 MM20
11/12/2020
Please attach the documentation you would like to have the rneathng about.
td al/
Reccili d
OU 1 2 6 ?..f
V C 1A-L C
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Cer0cation Rule the following statements:
• This fomt completes Use reguiremont of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• 1 also understand that 0 WR Is rot required to respond or grant die meeting request.
Your projects tMny-day clock started upon receipt of this application. You will receive codification regarding meeting oration
and lime if a meedrg Is necessary. You will receive notification when the thirty -day clock has elglired, and you can submit an
application.
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Signature
Receind
Ul,126?. 1
,eww DMEC
Submittal Date 10/222020
RECEIVED
FEB 0 2 2021
NCNB-NBFI© CITY

Corbett, Robert W
From: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
<Anthony.D.Sca rb raugh@ usace.a rmy.mil>
Sent: Monday, October 19, 2020 11:47 AM
To: Corbett, Robert W
Subject: [External] Bobby Abernrthy Residence @ 102 Lane Avenue, Jarvisburg, Currituck County
Attachments: Project Area.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Mr. Corbett,
On 01 October 2020, Mr. Billy Standridge and I met with Bobby Abernrthy at his residence located at 102 Lane Avenue,
Jarvisburg, Currituck County. The purpose of my site visit to determine the extent of 404 jurisdictional wetlands within
an area adjacent to North River were the shoreline has eroded. Mr. Abernethy is proposing to install a bulkhead to
stabilization the shoreline. Mr. Standridge and I determined that the project encompassing approximately 90 linear of
shoreline would not impact any jurisdictional wetlands. A map of the approximate review area has been attached for
your record. As discussed with Mr. Abernrthy onsite, any impacts modification of the project outside the review area
may require a permitting action by US Army Corps of Engineers.
If you need any further information, please feel free to contact me.
Regards,
Anthony Scarbraugh
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. Sth Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
https://uridefense.com/v3/_http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0_; I IHYmSToolOpgw7bjmKtQp5d
fugKUctj-bXi0Ol l bbwQAU I I rjjCixLLaa NwQHodGzgyDm Kap P BVkgttY$
httPs:Huridefense.com/v3/_http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0_; I ]HYmSToolOpgw7bjmKtcpSd
fugKUctj-bXi0011bbwQAUllrhCixLLaaNwQHodGzgyDmKapPBVkgttY$ >
Thank you for taking the time to visit this site and complete the survey.
RECEIVED
-----Original Message-----
FEB0 2 2021
DCM-MHD CITY

From: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
Sent: Friday, October 16, 2020 8:24 AM
To: Corbett, Robert W <[e-mail]>
Subject: Bobby Abernrthy Property
Robert,
I will get a map together of Monday for the evaluation area for your records. Myapologies for the delay.
Thanks,
Anthony
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
https:Huridefense.com/v3/_http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0_; I I HYmSToo IOpgw7bjmKtQpSd
fugKUctj-bX10011bbwQAU I I rhCixLLaa NwQHodG zgyDm Ka pP BV kgttY$
https:Hurldefense.com/v3/_http://corpsmapu.usace.army.mil/cm_a pexlf?p=136:4:0_—; 11 HYmSToo lOpgw7bjmKtQp5d
fugKUctj-bXi0011bbwQAUllrjjCixLLaaNwQHodGzgyDmKapPBVkgttY$ >
Thank you for taking the time to visit this site and complete the survey.
:-ECEIVED
FEB 0 2 202j
001VII-MID CITY

Corbett, Robert W
From: Bobby Abernrthy <[e-mail]>
Sent: Thursday, October 29, 2020 8:11 AM
To: Corbett, Robert W
Subject: Re: [External] try again
We wanted to thank you for all your advice and patience in helping us with this application. After exploring all
our options we have decided the major permit is what we want to pursue. It best meets our needs for some
protection and restores a small buffer from the water that has been lost. Looking forward to processing this
application with you.
From: Corbett, Robert W <[e-mail]>
Sent: Wednesday, October 28, 2020 2:18 PM
To: Bobby Abernrthy <[e-mail]>
Subject: RE: [External] try again
Good afternoon Bobby,
I just wanted to touch base with you and let you know that we have received your preliminary application as well as the
application fee. I will review the application and get back to you soon as I can.
Before I cash your check I wanted to make 100% sure you were aware of your options before proceeding. Once the
check has been cashed it is nonrefundable. My latest conversation with the USACE indicates that they are not claiming
any wetlands within the project area. Because of this you have 4 options of shoreline stabilization. I wanted to explain
each and get your feedback.
Option 1:
Bulked for shoreline stabilization at normal water level as outlined under 15A NCAC 07H. 1100 (attached). This is
allowed because no wetlands have been claimed by the USACE. The application fee for this permit is $400 and can be
issued immediately. The permit will be valid for 120 days.
Option 2:
Bullhead to protect endangered structures as outlined under 15A NCAC 07H. 1700 (attached). This will allow for you to
construct a bulkhead a maximum distance of 20' waterward measured from your home. The bulkhead would only be
able to be slightly larger than the width of your home (roughly 70'). The application fee for this permit is $400 and can
be issued immediately. The permit will be valid for 30 days from the date of issuance.
Option 3:
A combination of Option 1 and 2. This would allow for a bulkhead (roughly 70' long) to be place 20' waterward of your
home, and the rest of the bulkhead to be place at NWL provided it is landward of any claimed 404 wetlands. Please note
that this option requires you to obtain both permits individually and the cost will be $800.
Option 4:
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Continue with applying for the major permit. If this is the case I will go ahead and cash the check and review your
application. Hopefully DWQ will line up a scoping meeting soon and we can listen hear their comments and adjust the
permit if needed.
I do not want to sway you towards one permit type over another. I just want to provide you with all of the information
so that you can choose the best option for your situation. I am glad to assist you with whichever path you decide to
peruse. I look forward to hear from you.
Robert W. Corbett Jr.
Environmental Specialist II
Division of Coastal Management
NC Department of Environmental Quality
252-264-3901, ext. 233
252-331-2951 (fax)
robert.corbettOriccienr.gov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
AC'Nothing Compares,.
*'*Email correspondence to and from this address is subject to the North Carolina Public Records taw and maybe disclosed to third parties.***
From: Bobby Abernrthy [mailto:[e-mail]]
Sent: Friday, October 23, 2020 6:22 PM
To: Corbett, Robert W <[e-mail]>
Subject: [External] try again
I think I have everything corrected. Talked to the water people about meeting. Anyway, I'm mailing it to you
tomorrow. Hope it passes, if not tell me what to correct. Sorry to be so much trouble, Thanks.
Bobby & Ellen Abernethy
102 Lane Av.
Jarvisburg, N.C. 27947
RECEIVED
F `-Q 0 2 2021
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DATE: �/- I `i - Zc L_0
NAME: PA u i a b! CVJa w av !6-e4o n
ADDRESS: 164 G rncv,-Free -14 -
CITY: i1;s.J,e-4A.kwso ST t_^ ZIP o1z
RE:
To Whom It May Concern:
rnt y
This correspondence
,,j llc. gbtis applying for
espondence is to ratify you as a riparian property owner that f vmd y Ww nam or company)
a CAMA Major permit to N l cyn •~ <' {.,r-1 6—
"art project description}
l02 k e Pfua Jkv%/, r5tivV n e
on property located at { pq" address f coa
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is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no
objections to the proposed activity, please mark the appropriate statement below and return to:
�d7 Cyr(<tr \4`) Ili u,I alit
name of msporr" party}
as soon as possible.
If no -ments are received within 30 days of receipt of this notice it will be considered that you have no comments regarding this
project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC
Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. if you have questions about the project,
please do not hesitate to contact me at 2y `pr R 771 [nsert phone number} or the Division of Coastal Management at 252-
kECEIVED
264-3901.
Sincerely,
/> R 4 b� ✓n
INSERT NAME
I have no objecIlm to t
■ Complete Items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
I understand that a pier, dock, mooring 0 ■ Attach this card to the back of the mailplece,
15, from my area of dpadan access unt(<__or on the front It space permits.
below.) 1. Ankle Addressed to;
I do wish to waive the 15
Print Name Signature of
Mailing Address andlor Email Address
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DATE: 5f t 't — F�JZ-u
Received
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RE:
(afo ctl Ae +`A u 11 to I K hC,-0 {PROJECT NAME}
To Whom It May Concern
This correspondence is to notify you as a riparian property owner that pjd�Y } � IJAr Alxrrte �k _ is applying for
{insert properly owner name or company)
a CAMA Major permit to _ b N` td cHa s"s+w ^ h" Q 5 wf K_--
{insert prof ect deacon}
on property located at 102 "he A/• �Gru;�(xnv f1aL, G�r�•�uct= ev�•�
(nsert property address / county)
which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no
objections to the proposed activity, please mark the appropriate statement below and return to:
JSc&by1}bty %Vj:{Y CnLJildr' Nwu \os.�t _ —as soon as possible.
{insert name of responsible party)
If no comments are received within 30 days of receipt of this noticeit will be considered that you have no comments regarding this
project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC
Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project,
please do not hesitate to contact me at 2 is 4 9 t d I17 (nsert phone number) or the Division of Coastal Management at 2252-
264-3901.
Sincerely,
INobs,r RtJer„`+aY -
INSERT NAME - - —
I have no objection to
■ Complete hems 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
I understand that a pier, dock, mooring p 0 Attach this card to the back of the mallplece,
15, from my area of riparian access unle. or on the front It apace permits.
below.) t^ A"� Addressed to'
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OL 1 2 6
•�n�unnin�lla alai Ill 111 all DCP,R',Ee
Doc No: 309234
Recorded: 06/25/2014 at 01:53:ol pm
Fee Amt: $964.00 Page 1 of 4
Excise Tax: $157.00
Currituck County North Carolina
Denise A. Hall Reg of Deeds
8k1294Pg 205-208
TRANSFER TAX AMOUNT,/ V1 G 4)
DATE/COLLECTOR «-a5- 2G1 `f 2P
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax:$ 110D02100020000, 110D0016003A0000, 110D001600660000,
Parcel M#:I10I000000WOO; I101000000D0000;110I000000C0000;II0I000000B0000;II01000000A0000
This deed was prepared by: Kasten E. Foyles, Esq., 340 Commerce Ave., 17B, Southern Pines, NC 28387
Mail after recording to: NO OPINION ON TITLE REQUESTED OR GIVEN
*110D001600670000, 110D01600720000, 110D001600730000, 110DO1600740000
THIS DEED made this 20th day of June, 2014, by and between
GRANTOR: FIRST TROY SPE, LLC
A North Carolina Limited Liability Company
340 Commerce Ave., Ste. 17B, Southern Pines, NC 28387
And
GRANTEE: Bobby R. AberNethy and wife,
Ellen S. AberNethv
85 Shackelford Lane, Verona, VA 24482
The designation Grantor and Grantee as used herein shall Include sard parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by contest.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in Currituck County, North Carolina and more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
The property hereinabove described was acquired by Grantor in instrument recorded in: Book 1134, Page 626,
Book 1134, Page 635, Book 1134, Page 632, Book 1134, Page 629, and Book 1134, Page 623,fmrteret County
Registry. Currituck
All or a portion of the property herein conveyed does not include the primary residence of a Grantor.
,4ECEIVED
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
FEB p 2 2021
°04-kU HD CITY
Any delinquent property taxes shall be paid by attorneys for the Grantee upon _
rincino

Receilicd
M 1 2 6 2.:f
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title aDCM-
s GrranntorEC
received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or
through Grantor, except for the exceptions hereinafter stated.
1. Easements, Rights of Way, Restrictions and Encumbrances of record.
Pursuant to Article VI Sec 61 (a) of the OperatingAgreentenl of Fmst Troy SPE, L.LC dated November 16,
2009, the management and control of the business and affairs of said LLC is vested in its' Board of Directors, each
member of whom constitutes a manager of the LLC. Pursuant to Article W Sec 6.12 (a), the Board of Directors
may, from time to time, designate and/or employ one or more individuals to be officers of the Company. ...the
officers of the Company shall have the authority to pursue the business and purpose of the Company, including
without limitation the authority to (i) acquire and retain for any period of time, any real or personal property, or
Interest in such property; (ii) sell, exchange, quitclaim, convert, partition, grant so option on, abandon or
otherwise dispose of all or any part of any real or personal property or any interest in such property;... By
Resolution dated July 19, 2013, the signing officer herein was authorized and empowered to execute instruments oa
behalf of the LLC and such power remains in full force and effect as of the date hereof.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its company name by its dui`
authorized Senior Vice President the day and year first above written.
FIRST TROY SPE, LLC
BY: . � v' (SEAL)
JERRYQ AW, SCE PRESIDEN R. VIT
NORTH CAROLINA, I , '' COUNTY:
4 c a Notary Public of the County and State aforesaid do hereby certify that
JERRY EMNLAW, Senior Vice President for FIRST TROY SPE LLC a North Carolina Limited Liability
Company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument far
the purposes therein expressed being authorized to do so on behalf of the company.
Witness my hand and official stamp or seal, this - day of June, 2014,
My commission expires:
SEAL
Notary Public
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

EXHIBIT A
Property Description:
In Currituck County:
(ReCEI'Jd
A 12 6 '"._I
UcWE
Lot A as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, to which
reference is made for complete description. Parcel ID: 9829-29-6149.
Lot 2, Block 21, as depicted on plat entitled "THE ALBEMARLE SOUND BEACH ESTATES -
SECTION 11", recorded in Map Book 1 at page 82. to which reference is made for complete descripti,:-.
Parcel ID: 9829-29-9123.
The above two parcels being the properties conveyed to First Troy SPE, LLC by deed recorded ;n K..-k
1134 at page 623, Currituck County.
2.
Lot B as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, Currituck
County Registry, to which reference is made for complete description.
Lot 3A, Block 16, as depicted on plat entitled "THE ALBEMARLE SOLID BEACH ESTATES -
SECTION II", recorded in Map Book 1 at page 82, Currituck County Registry, to «hich reference is
made for complete description.
3.
Lot C as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, Currituck
County Registry, to which reference is made for complete description.
Lot 66, Block 16, as depicted on plat entitled "THE ALBEMARLE SOUND BEACH ESTATES -
SECTION 11", recorded in Map Book I at page 82, Currituck County Registry to v, hick reference is
made for complete description.
4.
Lot D as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, Currituck
County Registry, to which reference is made for complete description.
Lot 67, Block 16, as depicted on plat entitled "THE ALBEMARLE SOUND BEACH ESTATES -
SECTION II", recorded in Map Book I at page 82, Currituck County Registry, to which reference is
made for complete description.
(Page I of 2)
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Received
01,126?.:[
DMEC
Exhibit A continued
5. Lot E as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, to which
reference is made for complete description. Parcel ID: 9829-29-5407.
Lots 72, 73 and 74, Block 16, as depicted on plat entitled "THE ALBEMARLE SOUND BEACH
ESTATES- SECTION tI", recorded in Map Book I at page 82, to which reference is made for complete
description. Parcel IDs: 9829-29-9610, 9537, 9554.
The above two parcels being the properties conveyed to First Troy SPE, LLC by deed recorded in Book
1134 at page 626, Currituck Count;.
RECEIVED
(Page 2 of 2) FEB 02 2021
DC,M-MHD CITY

MAJOR PERMIT FEE MATRIX
Applicant: Bobby & Ellen Abernathy
Selection
Development Type
Fee
DCM %
DWQ %
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100%
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A.
B, C or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be applied:
III(B). Public or commercial
Ej
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
Ill(D). If General Water
®
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) cannot
be applied:
N. For development that
❑
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
J
open water areas:
=D
FEB 02 2021
DCM-MHD CITY

NC Division of Coastal Management
Cashier's Official Receipt
Received From: =�I��- rpt�66w A6-&„49.- Y
Permit No.: _.t-<
Applicant's Name:-�
Project Address:
123050B C D
Date: 10 - 30• 20
$ Yoh, 0 (')
Check No:f 4cla—
County: czter,r . 'fL ( k,
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: -4 PtM r Date:
Signature of Field Representative: Date:
LLI
UJ
U
LU
Ix

ROY COOPER
covernor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Bobby and Ellen Abernethy
102 Lane Avenue
Jarvisburg, NC 27947
Dear Mr. & Mrs. Abernethy:
NORTH CAROLINA
Envo-on,Mimf Quality
February 2, 2021
The NC Division of Coastal Management hereby acknowledges receipt of your application
submitted for State approval for development to construct a new bulkhead and install an osprey
nest pole at 102 Lane Avenue in Currituck County.
It was received complete December 21, 2020 and appears to be adequate for processing at this
time. The projected deadline for making a decision is March 6, 2021. An additional 75-day review
period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended
review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from December 21, 2020, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS I I3A-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 your 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 your
D E Q2� RECEIVED
North Carolina Department of Environmental Quality I Division of Coastal Management FEB 0 2 2021
Elizabeth City Office 1401 South Griffin Street. Suite 3001 Elizabeth City. North Carolina 27909
252.264.3901 DCM-MHD CITY
P

Bobby and Ellen Abernethy
February 2, 2021
Page 2 of 2
property, or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact the field representative, if you have any
questions and or if you wish to receive a copy of his field report.
SiWReldii
cerely,
��Ron
District Manager, Northeastern District
NC Division of Coastal Management
RR/eg
Enclosure
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC
Robert Corbett, DCM, Elizabeth City, NC
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

ROY COOPER NORTH CAROLINA
coyemor Environmental Quality
MICHAEL S. REGAN
Seaelary
BRAXTON C. DAVIS
Director
EMAIL MEMORANDUM
TO: Theresa Schneider
The Coastland Times
Manteo, NC 27954
[e-mail]
FROM: Ella Godfrey
DATE: February 2, 2021
SUBJECT: Public Notice: Bobby & Ellen Abernethy
Please publish the attached Notice in the Sunday, February 7, 2021 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. The State Office of Budget and Management
requires an original Affidavit of Publication prior to payment for newspaper advertising.
Please send me the affidavit, an original copy of the published notice, and an
original invoice.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City
Christy Simmons, PIO, DCM, Morehead City
Ellie Davis, Accounts Payable, DCM, Morehead City
File
D_EQ� RECEIVED
North Carolina Department of Environmental Quality I Division of Coastal Management sy
Elizabeth City Offlce 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 FEB 0 O 2021
252.264.3901
DCM-MHD CITY

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 12/21/20. Bobby & Ellen Abernethy plans to construct
a bulkhead an install an osprey nest pole located at 102 Lane Avenue, Jarvisburg in
Currituck 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, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 02/27/21, 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: Sunday, February 7, 2021
D Q�
North Carolina Department of Envimninental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252.264.3901
RECEIVED
FEB 02 2021
L)CM-MHD CITY

\T(1'1'ICI:
WN
W
N
o
W
�
wi
CAMA PERMIT
APPLIED FOR
PROJECT: construct a new bulkhead a °
maximum distance of 181 waterward of normal
water level and install an osprey nest pole
COMMENTS ACCEPTED THROUGH February27, 2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Bobby and Ellen Abernethy
102 Lane Avenue
Jarvisburg, NC 27947
252-491-2117
Robert Corbett
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
252-264-3901, ext. 234

ROY COOPER
Dovcnor
MICHAEL S. REGAN
secretory
BRAXTON C. DAVIS
Director
February 2, 2021
MEMORANDUM:
NORTH CAROLINA
Divkto nentd Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax:[phone] (Courier04.16-33)
gregg.bodnar(cciincdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Bobby and Ellen Abernethy
Project Location: 102 Lane Avenue, Jarvisburg in Currituck County
Proposed Project: Construct a bulkhead a maximum distance of 18' waterward of NWL and
install an osprey nest pole.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by February 23, 2021. If you have any
questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"'
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.
PRINT NAME
AGENCY
SIGNATURE
DATE
RECEIVED
FEB 0 2 2021
North Carolina Department of Environmental Quality I Division of Coastal Managnacnt �/
Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27M DCM—MHD CITY
r
252.2643M

DCM Coordinator: Greg Bodnar Distributed Yes® No ❑
Applicant: Bobby and Ellen Abernethy Distribution Date: 2/2/2021
AGENCY
ECRO
Community Develo ment/LPO
Debbie Lashomb
Charlan Owens Eliz City
DCM Planner
US COE:
Josh Pelletier
Community Assistance
Lee Padrkk (Beaufort, Carteret Craven, ElizCity,
Pamlico, Washington)
Cultural Resources
Renee Gledhill -Earley
Div. of Water Infrastructure
(No longer public Water Supply)
Clif Whitfield
Marine Fisheries
James Harrison
NC DOT
David Harris
Shellfish Sanitation
Shannon Jenkins
Sharon Gupton
State Property
Tim Walton
Mike Moser
Wanda Hillard
DEMLR/DWR:
Sheri Montalvo
DEMLR
Sediment & Erosion-
Storm water-
DWR 401-
Samir Dumpor
Roger Thorpe
Chris Pullinger
WRC
National Heritage Program
Maria Dunn (WARO)
Rodney Butler
RECEIVED
FEB 0 2 2021
Dcror_iurr�-airy —
C:\Users\emgodfrey\Documents\Major Permits\Tim & Deborah McCollister\Maj Comment Distribution Sheet -
Tim and Deborah McCollister.docx
Revised:4129f2all.-_ _----

—This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(1012112019)
Applicant. Bobby and Ellen Abernethy
Date: 12222020
Project Site County: Curfftuck
Staff., Robert Corbett
District: Elizabeth City ❑Washington
[]Morehead City ❑Wilmington
Project Name: Stephanie Smith Bulkhead Project
I Rover File:
Date of initial application submittal (EX 1/&2007): H32019
Date application 'received as complete°in the Field office (EX: 1/&2007): 12212020
Permit Aufho izafion: OCAMA ODredge & Fill OBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes ®No
Photos Taken: Yes S No❑
Setback Required (dpadan): 0 Yes CK
No
Critical Habitat: []Yes RNo Elliot Sure
15 foot waiver obtained: Yes NNo
Hazard Notification Returned:
[-]Yes ®No
SAV:❑Yes No ONotSure
Shell Bottom: 0 Yes ®No El Not
Temporary Impacts: MYes []No
Sure
Sandbags: El Yes ®No ❑ Not Sure
Did the land use classificahon come from
Mitigation Required (optional):
county LUP: ®Yes ❑No
[]Yes ®No
Moratorium Conditions: Yes ONe
Environmental Assessment Done:
®NA
[I Yes []No ®NA
SECONDARY WATER CLASSIFICATION- OPTIONAL (choose MAX of 4)
WETLANDS IMPACTED
El (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Sallcomis sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(SY) San reed grass (Spartina
altemiflore)
cynosuroides)
(OS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Schpus
(TY) Caftatl (Typha sp.)
spicate)
sp.)
(JR) Black needlerush (Juncos
(SP) SahImeadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
111(A) Private w/D&F up to 1 acre;
0 III(D) Pdv. public orcomm w/D&F to 1
3490 can be applied - $250
acre; 3490 can? be applied - $400
El Minor Modification to a CAMA Major
Major Modification to a CAMA Major
IV Any development invohdng D&F of
permit - $100
permit - $250
more than 1 acre - $475
El Permit Transfer- $100
❑ III(B) Public or commercial w/D&F to 1
CTExpress Permit - $2000
acre; 3490 can be applied - $400
El Major development extension request -
11. Public or commerciaUno dredge
$100
and/or fill - $400
1. Private no dredge and/or fill - $250
III(C) Priv. public or Comm w/D&F to 1
RECEIV
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252.808.2808 :: 1.8884RCOA5T :: www.nccoastalmanageme_nt.net r0issd:_MPIU ITY

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Appllcant Bobby and Ellen Abernethy
Date:12-22-2020
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In yourAcdvides code sheet.
TYPE
REPLACE
Activity Name
Number
ChO
o e e
Choose
.Dimension 1
Dimension 2
Dimension 3
Dimension 4
O
Bulkhead (Not
1
New Work
Replace
90,
1'
I0.2'
mhw Wood)
Maint ❑
ClY ® N
Fill (Shoreline
1
New Work
Replace
Si Yd3
Stabil. Below
Maint ❑
❑ Y ®N
H2O Level
High Ground
j
New Work C9
Replace
20 '
90,
disturbance
Maint❑
❑ Y ® N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Wptk
Replace
.
Maint ❑
❑ Y ® N
New Work
Replace
Main, ❑
❑ Y ® N
New Work
Replace
Maint ❑
❑ Y ® N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint.[1
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New WbrkrF
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint El
❑Y❑N
RECEIVE
-
New Work U
Replace
Maint ❑
❑ Y ❑ N
21
1=
rev sad TY

NC Division of Coastal Mgt. Application Computer Sheet, page 3 of 3)
Applicant: Bobby & Ellen Abernethy
Date: 12-22-2020
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tern im is)
FINAL Sq. R
(Anticipated final
disturbance.
Excludes any
restoration
andror temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
lemp impacts)
FINAL Fast
(Anticipated final
disturbance.
Excludes any
restoration andror
temp impact
emoun
High Ground
Dredge ❑ Fill ❑ Both ❑ Other ®
1800
1800
Shallow Bottom
Dredge ❑ Fa ® Both ❑ other ❑
919
919
Shoreline
Dredge ❑ Fill ® Both ❑ Other ❑
90
90
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ FYI ❑ Both ❑ Other ❑
Dredge ❑ FIN ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge FiA❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
FEB 02 2021
DCM-MNn rlTy
252-808.2808 :: 1-888-4RCOAST :: www.necoastaimanaqqment.net revised: Nov. 2012

RECEIVED
FEB 02 2021
DCM-MIAD CITY

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Receivcd
OCI26nE
DCM EC

NORTHEASTERN MARINE CONSTRUCTION Co" INC. us I
P.O. Box 42
Kiffy Hawk, NC 27949 Bill Jones, President
[phone]
kCCetic
OC 1 2 6 ?;,f
DCM-EC
MIN.
--
b
`.,
PKUYUSE
1pg0P05ED6X6WALER0TOP. ` Y 6"%6"%5'- 4'
6 x 6 WALER a Sa' O.C. (MAX) - T.W. ANGHOR
ATNROMMATE
VERTICAL 5PACING. FASTEN TO PILE a 6 OL
GRADE ELEVATION
/
PILE W/ 5/8" 01ATHKU-DOLT W/ . SPACMG
2" X 2" X 3116" WASHER (TYP).
i
%
11J
PROPOSED 5/8"
\PROPOSED (2) LAYERS 1" X W X ft _,_- _. PIA. GALV. TIE -
SHEETING EMNP 6' OELOW CRAVE SACK 900
W/ FILTER CLOTH. STAGGER W12" X 2' X 3A6"
VERTICAL JOINTS (TYPI. WASHER 6 NUT a
6 O.C. 5PACING
!q
'
PROPOSED &' OIA. "W. PILE a 8- (TM%
b
O.C. SPACING MAIL (TYP) W19' r
i1iy
I EMBEDMENT DEPTH(MI4) �^
EWrING GRANULAR SOILS
TYPICAL BULKHEAD DETAIL
NO SCALE
60jn?1e dr-aU-)III")

g U.S.A.C.E.
"404" WETLANDS
rc
W
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W
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LOCATION MAP (N.T.S.)
L) TOTAL AREA = 70,997+/— sq. R. / 1.63+/— acres (cowd.meth.) (n
2.) AS RECORDED IN PLAT CAB D. SL 239; C.C.R. m
3.) PROPERTY IS LOCATED IN F.I.R.M. ZONE AE (7.2) 4P
4.) THIS PROPERTY IS SUBJECT TO ANY EASEMENTS THAT A MORE IV
THOROUGH TITLE SEARCH MAY UNCOVER. (I1
5.) THIS SURVEY IS BASED ON EXISTING FIELD MONUMENTATION AND
RECORDED INFORMATION.
6.) PIN NO. 9829-29-4690
7.) ADDRESS: 104 ALAN AVENUE �<
L EGEND
PIN (F)
OO
O
PIPE (F)
0
CONCRETE MONUMENT
A
POWER POLE
*
CALC POINT
x2
EXIST GRD ELEV
60 30 0 60
T inch = 80 n.
GRAPHIC SCALE
CA..Ro<
��+' F ESSt �'•-4-
SEAL 9r.
L-3531 h .
LANE AVE
LOT D
SANDY SHORES
d' 0
3
�
AtBEM
ARCw4 S E SOUND
3.1
X
Cgyq
U.S.A.C.E.
"404" WETLANDS
LOT E
SANDY SHORES
U.S.A.C.E.
"404" WETLANDS
DC
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W
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z
z
vcd
LOT 3 I LOT 4
ALBEMARLE SOUND
i, 711fl-
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Receivcd
uL•
Doc Nll309llllllllllitllllllllll �0rvi_EC
Doc No: 309234
Recorded: "125/2014 at 01:53:01 Ph
Fee Amt: $964.00 Page 1 of 4
Excise Tax: $157.00
Currituck County North Carolina
Denise A. Nall Reg of Deeds
Bk1294Pg 205-208
TRANSFER TAX AMOUNT 611 G
DATE/COLLECTOR i
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $ 110D02100020000, 1100016003A0000, 110D001600660000,
Parcel]])#: 1101000000E0000; 1101000000D0000; 110100000000000; i 10I000000B0000;1101000000A0000,
This deed was prepared by: Kirsten E. Foyles, Esq., 340 Commerce Ave., 17B, Southern Pines, NC 28387
Mail after recording to: NO OPINION ON TITLE REQUESTED OR GIVEN
*110D001600670000, 110D01600720000, 110001600730000, 110DO1600740000
THIS DEED made this 20th bey of June, 2014, by and between
GRANTOR: FIRST TROY SPE, LLC
A North Carolina Limited Liability Company
340 Commerce Ave., Ste. 178, Southern Pines, NC 28387
And
GRANTEE: Bobby R. AberNethy and wife,
Ellen S. AberNethv
85 Shackelford Lane, Verona, VA 24482
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in Currituck County, North Carolina and more particularly described as follows:
SEE ATTACHED EXHD3IT "A"
The property hereinabove described was acquired by Grantor in instrument recorded in: Book 1134, Page 626,
Book 1134, Page 635, Book 1134, Page 632, Book 1134, Page 629, and Book 1134, Page 623,farteret County
Registry. Currituck
All or a portion of the property herein conveyed does not include the primary residence ofa Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto RECEIVED
I
belonging to the Grantee in fee simple.
FEB 0 2 2021
Any delinquent property taxes shall be paid by attorneys for the Grantee upon i7ruM-MHD CITY
rincino

Reccitrcd
UC1 262.1
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor —
received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or
through Grantor, except for the exceptions hereinafter stated.
1. Easements, Rights of Way, Restrictions and Encumbrances of record.
Pursuant to Article V1 Sec. 6.1 (a) ojthe Operating Agreement ofFirst Troy SPE, LLC dated November 16,
2009, the management sad control of the business and affairs of said LLC is vested in its' Board of Directors, each
member of whom constitutes a manager of the LLC. Pursuant to Article P Sec 612 (a), the Board of Directors
may, from time to time, designate and/or employ one or more individuals to be officers of the Company. ...the
officers of the Company shall have the authority to pursue the business and purpose of the Company, including
without limitation the authority to (i) acquire and retain for any period of time, any real or personal property, or
Interest in such property; (o) sell, exchange, quitclaim, convert, partition, grant an option on, abandon or
otherwise dispose of all or any part of any real or personal property or any interest in such property;... By
Resolution dated July 19, 2013, the signing officer herein was authorized and empowered to execute instruments oa
behalf of the LLC and such power remains in full force and effect as of the date hereof.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its company name by its du_n
authorized Senior Vice President the day and year first above written.
FIRST TROY SPE, LLC
BY: (SEAL)
JERRY KMtAW, SR VICE PRESIDENT
NORTH CAROLINA, I , ` . COUNTY:
4 ` a Notary Public of the County and State aforesaid do hereby certify that
JERRY KINLAW Senior Vice President for FIRST TROY SPE LLC a North Carolina Limited Liability
Company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for
the purposes therein expressed being authorized to do so on behalf of the company.
Witness my hand and official stamp or seal, this _ day of June, 2014.
My cf,mmission expires:
SEAL Notary Public
FEB 0 2 2021
DCM-MHD

EXHIBIT A
Property Description:
In Currituck County:
Received
UI, 1 2 6 ;;:I
DMEC
1.
Lot A as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, to which
reference is made for complete description. Parcel ID: 9829-29-6149.
Lot 2, Block 21, as depicted on plat entitled "'THE ALBEMARLE SOUND BEACH ESTATES -
SECTION fI", recorded in Map Book 1 at page 82. to which reference is made for complete descriptic-.
Parcel ID: 9829-29-9123.
The above two parcels being the properties conveyed to First Troy SPE, LLC by deed recorded ir, Bock
1134 at page 623, Currituck County.
2.
Lot B as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, Currituck
Count), Registry, to which reference is made for complete description.
Lot 3A, Block 16, as depicted on plat entitled "THE ALBEMARLE SOLID BEACH ESTATES -
SECTION II", recorded in Map Book 1 at page 82, Currituck County Registry, to which reference. is
made for complete description.
3.
Lot C as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, Currituck
County Registry, to which reference is made for complete description.
Lot 66, Block 16, as depicted on plat entitled "THE ALBEMARLE SOUND BEACH ESTATES -
SECTION If', recorded in Map Book I at page 82, Currituck County Registry, to w hich reference is
made for complete description.
4.
Lot D as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, Currituck
County Registry, to which reference is made for complete description.
Lot 67, Block 16, as depicted on plat entitled "THE ALBEMARLE SOUND BEACH ESTATES -
SECTION Il", recorded in Map Book I at page 82, Currituck County Registry, to which reference is
made for complete description.
RECEIVED
(Page 1 of 2)
FEB o 2 2921

Received
111,1 2 6 20a
DMEC
Exhibit A continued
5. Lot E as depicted on plat entitled "Sandy Shores", recorded in Plat Cabinet D at Slide 239, to which
reference is made for complete description. Parcel ID: 9829-29-5407.
Lots 72, 73 and 74, Block 16, as depicted on plat entitled `THE ALBEMARLE SOLID BEACH
ESTATES- SECTION 11", recorded in Map Book 1 at page 82, to which reference is made for complete
description. Parcel IDs: 9829-29-9610, 9537, 9554.
The above two parcels being the properties con veved to First Troy SPE, LLC by deed recorded in Book
1134 at page 626, Currituck County.
(Page 2 of 2)
RECEIVED
FEB 0 2 2021
DCM-.W-h-.) CITY

MAJOR PERMIT FEE MATRIX
Applicant: Bobby & Ellen Abernathy
n
Development Type
DCM %
F
300160143510009316256253)
P(2430016O24351000]952341)
I Private, non-commercial
ff$250
development that does not
100% ($250)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
❑
development that does not
$400
100% ($400)
0% (SO)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B. C or D below applies:
III(A). Private, non-
❑
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
If General Water
Certification No.
$400
60% ($240)
40% ($160)
see attached) cannotlied:
r development that
es the filling and/or
$475
60% ($285)
40%($190)
ation of more than
RECEIVE
one acre of wetlands and/or
open water areas:
FEB 0 2 2021
DCM-MM"C CITY

NC Division of Coastal Management
Cashier's Official Receipt
Received From: rpt3o6bw Ab�,.a.-Fk. f
Permit No.: �' ,f� f Grea . •-V
Applicant's Name: S--M-�--
Project Address:
12305OB C n
® N
� O %\
Date: IQ-30- 20_A O > ¢q
LU ® x
w
CheckNo.:
County: C.iC rr . 4-L /. k-
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: �ilz F—Id r 4' Date:
Signature of Field Representative: Date:

Receind
00 2 6 ^:,(
Pre -Filing Meeting Request Submittal for Abernethy Bulkhead DIME
[e-mail] <[e-mail]>
Thu 10/22/2020 1:11 PM
To: [e-mail] <[e-mail]>
I] 1 attachments (S3 KB)
DWR Pre -Filing Meeting Request Form.pdf;
The North Carolina Division of Water Resources has received the Pre -Filing
Meeting Request Form for Abernethy Bulkhead that you submitted on
10/22/2020. Attached is a copy of your initial request.
This email was automatically generated by Laserfiche workflow. Please do not
respond to this email address, as responses aren't monitored.
RECEIVED
FEB 0 2 2021
OCM-9HO CITY

Hecei"A
OC 1 2 6 ^._(
Contact Name s
Contact Email Address`
Project Owns r
Project Name *
Project County`
Owner Address:"
Bobby Auamenty
BRnethyfphotmaiLoom
Bobby s Ellen Abernethy
Abernethy Bulkhead
Curnluck
shot f UM
102 Lem Av.
Adboae lire2
Oty
Jarvisburg
AnU(21POoda
27947
9�el Rarkm/figm
NC.
@ray
Currnurk
Is this a transportation project? * r Yes 6 No
Type(s) of approval sought from the DWR:
f 401 Water QualityCerificaton- R 401 Water QuektyCerbfication-
Regular Express
r hdWdual Pemit I- Modification
r Shoreline Stabilization
Does this project have an existing project 1007 *
r Yes c No
Do you knowthe name of the staff member you would like to request a mealing with?
no
Please give a brief project description below.
RECEIVED
FEB 02 2021
OCM9-M9HC CITY

Proposed Project hbretive
102 Lane Av. Javtsburg, RC. 27947
We purchased this land and built a ham here about tvvo years ago. Since
that bins wo have had 1-2 het land erosion in front of our house due to
velar actiam, We look the living shore hill and planted some lost plants
that did not survive due to velar action. During our training and information
gathering a Professor at ECU looked at our site and thought there had
been a loss of about 100 it of shoreline in the last 50 years. When wo
bought this site and butyl ore vaned to leave as nwh natural as it was. We
have done that. Due to erosion, our house that vies bull in 2017 is row
only 16 last from file normal voter dials. We have decided we need to use
pvc bulkhead for for the area in front of the house to prevent more shore
loss. We'd like to go out 14 feel frown the normal wafer mark will this
bulkhead to gain Ille 30 a. CALM requirement and to gain a small amount
of our shoreline less bark. We feel that If this Is not done vve will soon lose
the bark of our home. This bulkhead rill run the length of our home and 30
feel more where erosion is cuding the shoreline back to the house.There
will be mnlnwm disruption to our site in this project. We also plan to try a
living seashore on sowne or our other properly marine in the future to
prevent erosion. The total pvc bulkhead length wit be 90 loot and via have
around 700 feel of shoreline tell in the natural slate. We also want to msh
daaa a pole for an Osprey nest around 30 feel out in the voter nail to an
sinning cypress lies. We have a good road to our house and there wit riot
be any disturbance to any lvetland.
Bobby and Elton Abernethy
102 Lane Av.
Jainsburg, MC. 27947
Please give a couple of dates you are available for a rneeting.
10f2972020
I lf5fX)20
11/12/2020
Please attach the docum ntatton you would like to have the me oiing about.
Pa ovf
Receind
UV 12 6 2.2
DCPdf-EC
By digitally signing below, I certify that [have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• Tills form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rude.
• I understand by signing Odsform that l cannot submit myapplication until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR Is not required to respond or grant Oo meeting request.
Your pmjecfs ddnyday clock started upon recelpt of this application. You will receiva notification regarding meeting location
and Ore if a meeting Is necessary. You Will remire notification %4len the thirty -day clock has eupired. and you can submit an
application.
RECEIVED
FEB 02 2021
I)CM-MIAD CITY

51011a1Y1a+
Submltlal Data 10422/2020
Received
RECEIVED
FEB 0 2 2021
DCM-MFID CITY

NAME: DwHj i Aawyr (rOS S•+I l' H^ DI�r e)ti
ADDRESS: S4 2 4 14 a r 1 ra : c 1u,4
CITY. (J i r1.1ov;a r3eacR ST�1_ZIP 3YF'1
DATE: _.
t -A -
'ncelved
1
,'i `jMI-i . r'
RE: Ai)C AP •Lwv 1 .1Kh Q {PROJECT NAME)
To Wham It May Concern:
Y Paten ProP�Y 1 �a66 r £ ll n Aix rv1c � is apptying for
This correspondence is to notifyyou as a riparian ownrer that
{irwrt property owner name or eon any)
a CAMA Major permit to bEA114 tft)-619 COA+'+Q bwlK tie
{insert project descrylion}
on property located at 02. "Ae f9a
{insert property f comity)
which is adjacent to your property. A copy of the application and project drawtng(s) is enclosed for your review. It you have no
objections to the proposed activity, please mark the appropriate statement below and return to:
rlCALJ� lqA eroc-\
(nsert name of responsible party)
soon as possible.
If no comments are received within 30 days of receipt of this notice, d will be considered that you have no comments regarding this
project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC
Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, INC 27909. If you have questions about the project,
please do not hesitate to contact me at 2 sa `I9 ( ;117 (insert phone number) or the Division of Coastal Management at 252-
264-3901. v*ECE1VP
Sincerely,
1'a4"' Rom, Az+kY
INSERT NAME
I have no objection to
■ Complete kerns 1, 2, and 3. A.
■ Print your name and address on the reverse x
so that we can mturn the card to you.
I understand that a pier, dock, mooring p H Attach this card to the back or the mailplece, e
15' from my area of riparian access unle: or on the front n apace permits.
below.) 1. Ankle Addressed to: D.
iwd 41 b1 wcY CrD tfr, ff
I do wish to waive the 15 019 14 o l ( ere
Print Name Signature of.
Mailing Address and/or Email Address
s"yz� JI>vg� Y it'd
Usrrl�V' cadN A, )3111
IIIIIIIIIIIIIIIIIIIIII'lllIIIII IIIIII III
9590 9402 4421 8248 5993 67
7018 2290 0002 1586
FEB 0 2 2021
irMAAHD Cl'
oAAddreaxe
dQ Date or Dersery
K. /.77, %
from Item 17 O yea
ss below: ❑ No
9
3. Servlbdlyf3dvl r . • •:
❑ Pdertl' rot Gormas
❑AdJl SyrnWe
❑Rao" -ea Mall'"❑AMSIpWee
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❑RepYMraa MtllYabMed
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0 ooteomt>Nverr
D lbtecl mitrpery Reeakled DeMvy
n n
1680
SOV Co'a.ata
FtmtrwW oeINan
Pewleloetoenr
PS Form 3811, July 2016 PSN 76W-02-000-13M
Domestio nalurn nocoal

NAME: PA yt l a 61 (Z"' W a v l-
ADDRESS 3 by G r«N�T« f�8
clTtf: �l�zs6a tGJ.,�ru sT pp o2
RE:
DATE: 9/- 1 °t " 2e L.a
,,:,'i, I
NAME)
To Whom It May Concern:
This correspondence is to notify you as a riparian property owner is applying for
that 11` Ay Y
{insert prW* owner name or company)
a CAMA Major permit to (� tyra 6-
jil6ert pro)eot tleaCr"on)
on property located at 10 2 koLm 1}t/e �6-Y✓"5LA"k C
('insert property address f con
b'At r (
Which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no
objections to the proposed activity, please mark the appropriate statement below and return to:
�hert<E �hu�leN <Acl
now of responsible party)
as soon as possible.
If n comments are received within 30 days of receipt of this notice it will be considered that you have no comments regarding this
project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC
Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project
please do not hesitate to contact me at 0 `Rf' 2 ly {insert phone number) or the Division of Coastal Management at 252-
264-3901. RECEIVED
Sincerely,
FEB 0 2 2021
/'J R 45e ✓n -
—
DCM-MHO CI1
INSERT NAME
I have no objection to t
• Complete Items 1, 2, and 3.
A. Sl9nature
■ Print your name and address on the reverse
X (1 p� C—f"1 O
so that we can return the card to you.
Ada>tes«
I understand that a pier, dock, mooring pi
■ Attach this card to the back of the maifplece,
H. Recehred byrM^fedNanel C. Date of Da"
15' from my area of riparian access uniec
or on the front if space permits.
jN R r.//rro 20
below.)
1. Article Addessed to:
D. Is dervey addmse rieff t korn item 17 ElYos
�G'^'Q �1/Nr,�tlrn Wf•✓�N
If YES, enter dOW address below. No
.
$
I do wish to waive the 15
Y't6 rn
� , t
rz1��c.5e-I1.�w.,.�opp.i%02Z
Print Name Slgnattlreof
III�IIII�IIIII�IIIIIIIIIII'IIIIIIIIIIIIIIIIIII
a. As"avlos TAM ��Bp[. �/**
°DA&M dknH
1- DOW o ;OdMMrest**
9590940244218248599374
❑aa MINRarafskaowmy ❑t1e0m1wowfm
Mailing Address and/or Emad Address
- .. _ - ,,. m e < Ann serrke tS6eq
O Cokd w D*my uadv a..
❑ Cobet on oeivpy aealdclee 0olwy 0� ry
71118 2290 0002 1586 1697 Maw Mal
la/Ra5a1L10d uvtivan' RMblded 0f3Y.1y
Ps Form 3811, July 201153 PSN 7630-02.000-9063
Domeatlo Retum Recelpt

Corbett, Robert W
From: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
<Anthony.D.Scarbraug [e-mail]. mi I>
Sent: Monday, October 19, 2020 11:47 AM
To: Corbett, Robert W
Subject: [External] Bobby Abernrthy Residence @ 102 Lane Avenue, Jarvisburg, Currituck County
Attachments: Project Area.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Mr. Corbett,
On 01 October 2020, Mr. Billy Standridge and I met with Bobby Abernrthy at his residence located at 102 Lane Avenue,
Jarvisburg, Currituck County. The purpose of my site visit to determine the extent of 404 jurisdictional wetlands within
an area adjacent to North River were the shoreline has eroded. Mr. Abernethy is proposing to install a bulkhead to
stabilization the shoreline. Mr. Standridge and I determined that the project encompassing approximately 90 linear of
shoreline would not impact any jurisdictional wetlands. A map of the approximate review area has been attached for
your record. As discussed with Mr. Abernrthy onsite, any impacts modification of the project outside the review area
may require a permitting action by US Army Corps of Engineers.
If you need any further information, please feel free to contact me.
Regards,
Anthony Scarbraugh
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
https:Huridefense.com/v3/_http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0_;IIHYmSToolOpgw7bjmKtQpsd
fugKUctj-bXi0011 bbwQAUI IrjjCixLLaaNwQHodGzgyDm KapPBVkgttY$
https:Huridefense.com/v3/_http://corpsmapu.usace.army.mil/cm_apex/f7p=136:4:0_; I IHYmSToo!Opgw7bjmKtQ'p5d
fugKUctj-bXi0011bbwQAUllrjjCixLLaaNwQHodGzgyDmKapPBVkgttY$ >
Thank you for taking the time to visit this site and complete the survey.
RECEIVED
-----Original Message-----
FEB0 2 2021
DCM-MHD CITY

From: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
Sent: Friday, October 16, 2020 8:24 AM
To: Corbett, Robert W <[e-mail]>
Subject: Bobby Abernrthy Property
Robert,
I will get a map together of Monday for the evaluation area for your records. My apologies for the delay.
Thanks,
Anthony
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
https://urldefense.com/v3/_http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0_; I IHYmSToolOpgw7bjmKtQpSd
fugKUctj-bXi0011bbwQAUllrjjCixLLaa NwQHodGzgyDmKapPBVkgttY$
https:Hurldefense.com/v3/_http://corpsmapu.usace.army.mil/cm apex/f7p=136:4:0_;lIHYmSToolOpgw7bjmKtQp5d
fugKUctj-bXKIOIIbbwQAUllrjjCixLLaaNwQHodGzgyDmKapPBVkgttY$ >
Thank you for taking the time to visit this site and complete the survey.
RECEIVED
FEB 0 2 2021
DCM-MILD CITY

'►_►lR111� Clry

Corbett, Robert W
From: Bobby Abernrthy <[e-mail]>
Sent: Thursday, October 29, 2020 8:11 AM
To: Corbett, Robert W
Subject: Re: (External] try again
We wanted to thank you for all your advice and patience in helping us with this application. After exploring all
our options we have decided the major permit is what we want to pursue. It best meets our needs for some
protection and restores a small buffer from the water that has been lost. Looking forward to processing this
application with you.
From: Corbett, Robert W <[e-mail]>
Sent: Wednesday, October 28, 2020 2:18 PM
To: Bobby Abernrthy <[e-mail]>
Subject: RE: (External] try again
Good afternoon Bobby,
I just wanted to touch base with you and let you know that we have received your preliminary application as well as the
application fee. I will review the application and get back to you soon as I can.
Before I cash your check I wanted to make 100% sure you were aware of your options before proceeding. Once the
check has been cashed it is nonrefundable. My latest conversation with the USACE indicates that they are not claiming
any wetlands within the project area. Because of this you have 4 options of shoreline stabilization. I wanted to explain
each and get your feedback.
Option 1:
Bulked for shoreline stabilization at normal water level as outlined under 15A NCAC 07H. 1100 (attached). This is
allowed because no wetlands have been claimed by the USACE. The application fee for this permit is $400 and can be
issued immediately. The permit will be valid for 120 days.
Option 2:
Bullhead to protect endangered structures as outlined under 15A NCAC 07H. 1700 (attached). This will allow for you to
construct a bulkhead a maximum distance of 20' waterward measured from your home. The bulkhead would only be
able to be slightly larger than the width of your home (roughly 70'). The application fee for this permit is $400 and can
be issued immediately. The permit will be valid for 30 days from the date of Issuance.
Option 3:
A combination of Option 1 and 2. This would allow for a bulkhead (roughly 70' long) to be place 20' waterward of your
home, and the rest of the bulkhead to be place at NWL provided it is landward of any claimed 404 wetlands. Please note
that this option requires you to obtain both permits individually and the cost will be $800.
Option 4: DECEIVED
FEB 02 2021
DCM-MHD CITY

Continue with applying for the major permit. If this is the case I will go ahead and cash the check and review your
application. Hopefully DWQ will line up a scoping meeting soon and we can listen hear their comments and adjust the
permit if needed.
I do not want to sway you towards one permit type over another. I just want to provide you with all of the information
so that you can choose the best option for your situation. I am glad to assist you with whichever path you decide to
peruse. I look forward to hear from you.
Robert W. Corbett Jr.
Environmental Specialist 11
Division of Coastal Management
NC Department of Environmental Quality
252-2643901, ext. 233
252-331-2951 (fax)
robert. corbeff ftncdenr. aov
401 S. Griffin St., Ste 300
Elizabeth City, NC 27909
BEyNothing Compares -
***Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties.***
From: Bobby Abernrthy [mailto:[e-mail]]
Sent: Friday, October 23, 2020 6:22 PM
To: Corbett, Robert W <[e-mail]>
Subject: [External] try again
1 think I have everything corrected. Talked to the water people about meeting. Anyway, I'm mailing it to you
tomorrow. Hope it passes, if not tell me what to correct. Sorry to be so much trouble, Thanks.
Bobby & Ellen Abernethy
102 Lane Av.
Jarvisburg, N.C. 27947
RECEIVED
FEB 0 2 2021
DCM-MHD CITY

Ni

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RECEIVED 0
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FEB p 2 2021 1
Dcm-mHb CITY

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