05-64D Fish

21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
- CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
05-64D EBELHERR/FISH RUSSELL/BOB
❑ CASE IS CLOSED
Previous Violations in Same
❑ NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities
72/2t2005 I PROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1924 LONDON LANE WILMINGTON NC 28465- F
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
16 W. SALISBURY ST WRIGHTSVILLE BEA GREENVILLE SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO INEW HANOVER IMAIRS
VIOLATION TYPE AFFECTED AEC(S) ❑ CW © EW Q PTA ❑ ES ❑ PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IRA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by constructing a f
in Sunset Lagoon contiguous with Greenville Sound.
r floating docks within the EW and PTA AECs
RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE
11 RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: r-
G7] RESTORATION PENDING ❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS F I I I
ElPENALTY ISSUED
❑ EJ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED rFORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �—
AMOUNT OF RESTORED AREA (SO. FT)
NOTES

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 15, 2006
Mr. Russell P. Ebelherr
Mr. Bob Fish
1425 Quadrant Circle
Wilmington, NC 28405
RE: Closure Letter
D r Q' tt'n
AUG 2 1 2006
Morehead City DCM
Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in New Hanover County
CAMA Violation # 05-64D
Dear Mr. Ebelherr & Mr. Fish:
This letter will acknowledge receipt of your Check #1622 in the amount of 350.00 dated June 26, 2006. and
the signed Agreement to Pay Proposed Civil Assessment. You may this matter to be fully and completely
closed.
If you have any further questions concerning this matter, please contact me at my Wilmington office,
[phone].
Sincerely,
isHct Manager
JHG/sks
cc: Ted Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
WIRO File Copy
LPO
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 5, 2006
CERTIFIED MAIL 7005 0390 00013200 3447
RETURN RECEIPT REQUESTED
Mr. Russell P. Ebelherr, Jr. and Mr. Bob Fish
1425 Quadrant Circle
Wilmington, N.C. 28405
RE. CAMA VIOLATION #05-64 D
Dear Mr. Ebelherr and Mr. Fish:
C>�
t1l F,
� n
JUL 1 2 Zn06
Morehead City DCM
This letter is in reference to the Notice of Violation dated December 2, 2005 that Robb Mairs, Field
Representative for the Division of Coastal Management, issued to you for major development
located at 16 W. Salisbury Street, adjacent to Sunset Lagoon, located in Wrightsville Beach, New
Hanover County, North Carolina. The violation involved unauthorized development within
Estuarine Waters and Public Trust Area, which are areas of environmental concerns (AECs). Based
upon the site visit conducted on June 29, 2006 by Robb Mairs, Field Representative for the N.C.
Division of Coastal Management, the restoration requested appears to be complete to the satisfaction
of the Division of Coastal Management.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed
for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for
all violations in order to recover some of the costs of investigating violations and/or to compensate
the public for any damage to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty, in the amount of
$350.00 is appropriate for this violation. We have received payment in the form of check #1622,
dated 6/26/06. By accepting responsibility for the violation, and in order to further resolve this
matter, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;"
and, (2) return the signed agreement to this office in the enclosed, self-addressed envelope within
ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account,
you will receive a Notice of Compliance officially closing this enforcement action.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
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Russell Ebelherr and Bob Fish
July 5, 2006
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director
of the Division of Coastal Management will formally assess a civil penalty against you. You will
then have the opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact me at [phone].
J' egson, Dis 'ct Manager
Di S.
n of Coas Manageme
Enclosure
cc: Roy Brownlow, Compliance Coordinator, DCM
Robb Mairs, Coastal Management Representative, DCM
Tony Wilson, Town of Wrightsville Beach, Building Inspector
127 Cardinal Drive Ext., Wilmington, North Carolina 26405-3645
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
December 2, 2005
CERTIFIED MAIL 7004 2510 00018280 0543 P
RETURN RECEIPT REQUESTED
t^ ^ n!'r_
Russell Ebelherr and Bob Fish
1924 London Lane SEC 0 8 2005
Wilmington, N.C. 28405
Morehead C;tV �y�.��
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT►
CAMA VIOLATION #05-64 D
Dear Mr. Ebelherr and Mr. Fish:
This letter confirms that on November 10, 2005, 1 was onsite at your property located at 16 W. Salisbury
Street adjacent to Sunset Lagoon located in Wrightsville Beach, New Hanover County, North Carolina. The
purpose of the visit was to investigate unauthorized development involving the replacement of a private pier
and docking facility due to the damage occurred during Hurricane Ophelia.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
Major Development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 11 3A-1 18.
1 have information that indicates you have undertaken or are legally responsible for the replacement of a 4'
x 72' fixed pier, two floating docks measuring approximately 32' in length by 6' wide, one floating dock
measuring approximately 24' in length by 6' in width, and a E-Z Jet Dock approximately 5' by 5' on the
aforementioned property. Also, through conversations and a site visit with Tony Wilson, Building Inspector
for the Town of Wrightsville Beach, we have determined that the completed work exceeds 50% of the
structure total value of the structures and does not qualify as repair and maintenance. Mr. Leonard Hooks
at 14 W. Salisbury Street has forwarded the notification form to our office, dated received on December 1,
2005, and states in the waiver section of the form that he does not wish to waive the 15 foot setback
requirement. This activity took place in the Estuarine Waters and Public Trust Areas. Estuarine Waters and
Public Trust Areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you
for work in this area. Based on these findings, I am initiating an enforcement action by issuing this Notice
of Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.ncroastalmanagement.net
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Russell Ebelherr and Bob Fish
December 2, 2005
Page 2 of 4
Each day that the development described in this notice is continued or repeated may constitute a separate
violation that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S.113A-126).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, replacement of a 4' x 72' fixed pier, two floating
docks measuring approximately 32' in length by 6' wide, one floating dock measuring approximately 24' in
length by 6' in width, and a E-Z Jet Dock approximately 3' by 5' on the aforementioned property, this activity
which took place in the Estuarine Waters and Public Trust Areas, is not consistent with Section 15A NCAC
07H .0208 Use Standards. Please refer to the enclosed Restoration Agreement.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
Thank you for your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at [phone]. Upon my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
�Since(! ,
bb Mairs
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Melinda Powell, LPO
ENCLOSURE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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L
Russell Ebelherr and Bob Fish
December 2, 2005
Page 3 of 4
RESTORATION PLAN
For
Ebelherr and Fish Property
CAMA Violation No. 05.64 D
Property located at 16 W. Salisbury SC, Wrightsville Beach, New Hanover County
I
1. An as built survey shall be done and must show that the structure does not encroach or cross into the
adjacent riparian corridors. If survey shows that the structure does encroach or cross the riparian lines and
the adjacent riparian property owners will not waive the riparian corridors 15 feet setback, docking structure
shall be brought into compliance with current regulationsas stated in 15A NCAC 07H .0280 Use
Standards.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: viww.nccoastalmanagement.net
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Russell Ebelherr and Bob Fish
December 2, 2005
Page 4 of 4
I, Russell Ebelherr and Bob Fish, agree to have an as built survey to establish that the rebuilt docking
structure does not encroach into the adjacent riparian corridors. If structure does encroach into the riparian
corridor 15 foot setback, the structure would be brought into compliance under current regulations as stated
in 15A NCAC 7H .0208 Use Standards.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
January 1, 2006 or provide an explanation for non-compliance and a reasonable request for time extension.
When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $200 and higher against all violations
of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Individual Applying For Permit: Sot 'Pt s tT I 'u.ssc cc Cbe NffL
Address of Property: 16 W S l rccs 3qs-A ST
(Lot or Street #, Street or Road)
I�A�oue-K-
(City and
I hereby certify that I own property adjacent to the above -referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development they
are proposing. A description or drawing, with dimensions, should be provided with this letter.
I have no objections to this proposal.
If you have objections to what is being proposed, please write the Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7215
within 10 days of receipt of this notice. No response is considered the same as no objection if
you have been notified by Certified Mail.
WAIVER SECTION '
I understand that a pier, dock, mooring pilings, breakwaterat house or boat lift must4
bck a minimum distance of 15' From my area of riparian access - unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
ame
Print Name
Number with Area Code
RECr 1L'ED
DCM WILMINGTON, NC
Date DEC 01 2005
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19-Jul-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASENUMBER LASTNAME
FIRST NAME BUSINESS NAME:
O 31E IS OPEN I 8574D EBELHERR/FISH RUSSELL)BOB
n CASE IS CLOSED
Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days SECTOR AEC for Similar Activities
P Y AFFLILIATION
F— F— F— PROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1924 LONDON LANE WILMINGTON NC 28405- F—
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
16 W. SALISBURY ST 1WRIGHTSVILLE BEA GREENVILLE SOUND F—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO NEW HANOVER IMAIRS
-Ll CW i�' EW v1, PTA '! J� ES j- PTS
VIOLATION TYPE AFFECTED AEC(S� - -
MAJOR CAMA ❑ OEA [I,HHFA jIHA ❑ PINSElNCRA
NATURE OF VIOLATION
AEC DESCRIPTION
nautnonzea major development by constructing a fixed pier and four floating docks within the EW and PTA AECs
Sunset Lagoon contiguous with Greenville Sound.
RESTORATION STATUS
V RESTORATION REQUIRED
❑ RESTORATION NOT REQUIRED- CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
111/2006 1 6/29/2006
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I—
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: r—
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS
7/5/2006 $350
iV❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED ❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
CNOV ISSUED F—CNOV DATE
CONRACTOR'S FIRST OFFENSE LI PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED F-- -FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY F—SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

07-Sep-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME: O
05-64D EBELHERR/FISH RUSSELL/B08
O CASE IS CLOSED j' Previous Violations in same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR El AEC for Similar Activities
12/2J2005 111 2b6 PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
1924 LONDON LANE WILMINGTON NC 284o5- F—
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
16 W. SALISBURY ST 1GREENVILLE SOUND I
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO NEW HANOVER IMAIRS
CW 'y; EW 'y PTA ES 'f__', PTS
VIOLATION TYPE AFFECTED AEC(S) ��,
MAJOR CAMA OEA _ HHFA ] IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development by constructing a fixed pier and four floating docks within the EW and PTA AECs
in Sunset Lagoon contiguous with Greenville Sound.
RESTORATION STATUS -
-- RESTORATION REQUEST DATE COMPLETION DATE
©
1 1/1/2006 6/29/2006
❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S O°
❑ RESTORATION PENDING
INJUNCTION REFER DATE: �—
❑ REFERRED TO A--. - COLLECTION
COLLECTION REQUEST DATE: I
PENALTYSTATUS -
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
7/5/2006 0 $350 8/15/2006 $350
❑ PENDING
❑ WILLFUL& INTENTIONAL PENALTY MIN. OR DOUBLED)
© PENALTY ISSUED
❑ CNOV ISSUED CNOV DATE
❑ PENALTY NOT ISSUED
❑ PENALTY APPEALED APPEAL DATE
❑ CONRACTOR'S FIRST OFFENSE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
[-ISETTLED.SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �—
AMOUNT OF RESTORED AREA (SO. FT)
NOTES