05-35D Ellenbaum

FILE MEMORANDUM
TO: ROY BROVINLOV1. COMPLIANCE COOP,CIi IATOR
FROM M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: D 5_ 2 5
M. TED TYNDALL. Assistant Director
02/01/2012
Date

RE: Ellenbaum 0J-3-')ll
Subject: RE: Ellenbaum 05-35D
From: "Rhonda Phillips" <[e-mail]>
Date: Fri, 26 Aug 2005 14:30:19 -0400
To: "'Roy Brownlow"' <Roy. Brownlow@ncmail. net>
Hello,
It has cooled down a good amount. The Ellenbaum's have not yet submitted forms and fees that are
required for this to be completed. They always just ignore all correspondence that is sent to them.
Have you ever received payment from the last NOV that you fined them for?????????
Talk with you soon and have a great weekend.
-----Original Message -----
From: Roy Brownlow[mailto:[e-mail]]
Sent: Monday, August 22, 2005 4:01 PM
To: [e-mail]
Cc: [e-mail]; Jim Gregson
Subject: Ellenbaum 05-35D
Rhonda: Vt0
Hope this message finds you nice & cool from this heat! 1 1
I'm reviewing the enforcement files and was wondering about the status of the Charles Ellenbaum
case, 05-35D, NOV issued 12 May 2005.
Has this matter been restored to your satisfaction? If so, Jim and I need to know so we can move
forward with the assessment. Also, I'm aware that the Ellenbaum's have another outstanding case
where they have not paid their penalty and this is their third offense in the same AEC.
Thanks for your assistance,
Roy
NC Department of Environment and Natural Resources
400 Commerce Ave
Morehead City, NC 28557
Phone: [phone] FAX [phone]
Toll Free: 888.912.CAMA
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1 of 1 8/31/2005 9:46 AM

Director
lawn Walker
[e-mail]
Assistant Inspector
Rhonda Wooten
[e-mail]
Permits Administrator
Heather Fahrer
[e-mail]
Ib
PLANNING & INSPECTIONS DEPARTMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
May 12, 2005
Charles & Gail Ellenbaum
707 Shady Avenue
Geneva, IL 60134
RE: NOTICE OF CAMA VIOLATION AND REOUEST TO CEASE
UNAUTHORIZED DEVELOPMENT CAMA MINOR VIOLATION
#005- 002
Dear Mr. & Mrs. Ellenbaum:
05-35D
This letter confirms that on March 31, 2005 James Townsend and I were onsite at
the property located at 853 Ocean Boulevard West adjacent to the Atlantic Ocean
located off of Ocean Boulevard West, in or near the Town of Holden Beach,
Brunswick County, North Carolina. The purpose of the visit was to investigate an
unauthorized development of area enclosed underneath the house within the Ocean
Erodible Area.
Information gathered by me shows that you have undertaken minor development
in violation of the Coastal Area Management Act. No person may undertake minor
development in a designated Area of Environmental Concern without first
obtaining a permit from the North Carolina Department of Environment and
Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that you have undertaken, or are legally responsible for, minor
development by enclosing an area underneath the house on the aforementioned
property. This activity took place in Ocean Erodible Area that is contiguous with
the Atlantic Ocean. Ocean Erodible 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.
110 ROTHSCHILD STREET • HOLDEN BEACH, NC 28462 • 910.842.6488 PHONE • 910-842-9315 FAX
www.hbtownhalimm

I request that you IMMEDIATELY CEASE AND DESIST any further
development and contact me about this important matter. A civil assessment of up
to $250.00 may be assessed against any violator. 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 $250.00. An injunction or
criminal penalty may also be sought to enforce any violation in accordance with
N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to assess a civil penalty
against all violations of this type. This is done to recoup some of the costs of
investigating the violation and/or to compensate the public for any damage to its
natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and resources affected and the extent of the
damage to them. If restoration of the affected resources is requested, but is not
undertaken or completed satisfactorily, a substantially higher civil penalty will be
assessed and a court injunction will be sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H.
State Guideline for Areas of Environmental Concern, the activity you have
undertaken, enclosing area underneath the house, in the Ocean Erodible Area AEC
is not consistent with FEMA, Town Ordinance and North Carolina Building Code.
Therefore, I am requesting that you provide me with a V-Zone Certificate that was
completed by an engineer to verify break -a -way walls have been installed in
accordance with the Federal Emergency Management Act. A building permit shall
be obtained from the Town as you previously discussed with the Building
Inspector, Jason Walker. An inspection shall be completed by the Inspector to
ensure compliance. 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 the 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.
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 immediate future to determine whether this
REQUEST TO CEAST AND DESIST has been complied with. I request that
you contact me immediately.

Thank you for your time and cooperation in resolving this important matter. 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).
Sincerely,
Rhonda Wooten
Local CAMA Permitting Officer
Cc: Roy Brownlow, Compliance Coordinator, DCM
Caroline Bellis, Division of Coastal Management

RESTORATION PLAN
FOR
Charles & Gail Ellenbaum Property
Property located at 853 Ocean Boulevard West, Brunswick County
Supply a V-Zone Certificate that has been completed by an engineer.
This will verify if the enclosed area has been constructed with break -
a -way walls.
2. Apply for a building permit.
3. Call Town Hall at [phone] to request an inspection be done by
the Building Inspector.
We, Charles & Gail Ellenbaum, agree to the above requirements.
We agree to complete this restoration to the satisfaction of the Division of
Coastal Management by May 23, 2005 or provide an explanation for non-
compliance and a reasonable request for a time extension.
SIGNATURE:
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $50.00 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.

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Mayor:
Jim Lowell
Mayor Pro -Tam:
Charlie Boyle
COmmtsslonars:
Pal Sandifer
Gay Atkins
Alan MOlden
Bob Presion
Town Manager.
Michael Morgan
The Town of Holden Beach
Incorporated 1969
110 Rothschild Street
Holden Beach, North Carolina 28462
2TIFIED MAIL
RETURN RECEIPT REQUESTED
Gail & Charles Ellenbaum
739 Duane St.
Glen Ellyn, IL 60137
Phone: [phone]
Fax: [phone]
September 28, 2000
RE: NOTICE OF VIOLATION, STOP WORK ORDER, AND NOTICE OF FAILURE
TO APPLY FOR CAMA PERMIT.
Dear Mr. &Mrs. Ellenbaum:
This letter confirms that I was at 853 Ocean Blvd. West, lot49 & 50, Holden Beach,
Brunswick County on 9-8-2000, to investigate the possibility of development activity
within an Area of Environmental Concern (AEC) without proper authorization. No
person may undertake activity constituting minor development within a designated AEC
without first obtaining a Minor Development Permit from the North Carolina Department
of Environment, Health and Natural Resources or a Local Government with an approved
Coastal Area Management Implementation and Enforcement program. This requirement
is imposed by North Carolina General Statues (NCGS) 113A-118.
My visit verified that the frontal dune had been moved seaward and a
deck was in the process of being built on the ocean side of the home.
The partially constructed deck appears.to be located seaward of the
Vegetation line.
A Representative of the Division of Coastal Management in the Wilmington office
also verified that the deck was being constructed seaward of the vegetation line.
This activity has caused me to conclude that you are in violation of the Coastal Area
Management Act since you do not possess a minor development permit for this activity.
You are hereby requested to immediately cease and desist your unauthorized
development activity. The development completed to date is not consistent with the
applicable standard, and you will be required to restore the land to its former condition
with the applicable standards, You will be required to restore the land to its former
condition and/or bring all aspect's of the project into compliance. A civil assessment of
up, to Two Hundred and Fifty Dollars ($250.00) may be assessed against any violator.
Each day that the development activity described in this Notice is continued or repeated
may constitute a separate violation which is subject to an additional assessment of up to
$250.00. An injunction or criminal penalty may also be sought to enforce any violation
(NCGS 113A-126).
Visit www.hbtownhall.com

It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of $50.00 against all violators of CAMA Minor Development Permit
requirements. This is done to recover 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 amount of
resources affected and the extent of damage to them. If any requested restoration is not
undertaken or completed satisfactorily, a higher civil assessment may be levied and a
court injunction sought to order restoration.
The enclosed Restoration Plan describes the action necessary to bring this project into
compliance with the Act. Please sign the Restoration Agreement and return it to me by
October 9, 2000. If the requested restoration is not undertaken or completed
satisfactorily, a higher civil assessment may be levied and a court injunction sought to
order restoration.
Pending the satisfactory resolution of this violation, and my submission of an
Enforcement Report to the District Manager of the Division of Coastal Management, you
will be notified of the amount of your civil assessment.
Thank you for your cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact me.
Sincerely,
Rhonda Phillips
Local Permit Officer
c.c.: Janet Russell - Division of Coastal Management Representative
[phone]

Case #:
DCM ENFORCEMENT REPORT
(Usc for Walvcrs)
Permit #: Consultant:
,. Oil : 1/
City: I
County Ic- Nearest Water Body: rState�_:i
MM
Restore: U)Os,,;Pn+ Requested: ID GL12 o Completed: ! /
(Y.) a).y) (Yr) . wo) a).Y) (Pr)
Estuary: _ Pub Trst: _ Shoreline: _ Ocean Hz: Other: _ Pri Nuts: _ ORW:
Wetlands: p
SA: DS:
CJ:
Sy -
SS: I SC:
SP:
IF:
BF:
WS: IMF:
TYPE
(AEC)
EXCAVATE
FILLED
RESTORE
OTBER
r
I
******* ASSESSMENT & DISPOSITION *******
Recommended Assort: $ l b �, d� References: U.
Report Rcvd: / / ' Assessed: $ To AG:
Payment Received: $ On:
/ Of Violators: Total Assessment:
Criteria:
To Violator:
Case Closed:
Total Received: $
REV=: 12/92

0 Case #:
I
DCM ENFORCEMENT REPORT
(Use for Walvers)
Permit #:
Consultant:
Name: C.11le i MI J/L .. 1 jYI
City:i1 I . LrU30 '.on .
County2rLkylsu)a Nearest Water Body: 41041� Q"Mn State Plane X:
Vio Descp:
NOV Sent: r6l 11 /DE5 Violation: Major:_ Minor: Perm Cond:• CAMA: D&F:
Restore: /� M_Re uested: 0 i0 / I / / V5 Completed:
L.)tin) W I ('•,r;) (Aryl ffr,' (.11u) (->a.+) ff.,
Estuary: _ Pub Trst: _ Shoreline: 1,"� Ocean Hz: _ Other: _ Pri Nurs: _ ORW:
Wetlands: C)
Co—)
SA:
DS:
CJ:
SY:
JR:
IS:
TY:
11 SS:
SC:
SP:
IF:
BF:
I WS:
MT:
TYPE
(AEQ
EXCAVATE
(Sq.R.)
FILLED
(Sq.FY)
RESTORE
(Sq.FY.)
OTHER
(Sq.FY.)
******* ASSESSMENT & DISPOSMON *******
Recommended Assmt: $ M f M U M References: 71
Criteria:
Report Rcvd: / / Assessed: $ To AG: / / To Violator:
itPayment Received: $ On: / / Case Closed:
i Of Violators: Total Assessment: $ Total Received: S.

considered a separate violation and may be assessed a separate
penalty.
(ii) Whether the violator refuses to restore the damaged area, or fails to
restore as requested. If appropriate, a court order shall be sought to
require proper restoration.
RECOMMENDATION: The, assessment shall be made
according to 7J.0409(f)(5)(A) and (B), but in all cases, shall be
doubled as long -as the total does not exceed the $250.00
maximum allowable.
7J.0409(f)(5)(F) - Assessments Against Agents or Contractors:
An agent, contractor, or subcontractor judged to be solely responsible for a violation
shall bear the full cost of the assessment. If an agent or contractor is only partly
responsible for a violation, he or she may be required to pay; a portion of the
assessment. If the element of willfulness referenced in 7J.0409(f)(5)(E)(i) above is
present solely on the part of the agent or contractor, an assessment is levied
against the agent or contractor and it shall be doubled. In this case, while the
property owner is assessed in addition to the agent or contractor, they are assessed
the base penalty only, or the non -doubled penalty.
(i) Contractor's first offense in an AEC: A Notice of Violation (NOV) is
issued and no assessment is issued.
(ii) Contractor's second and each succeeding violation within the
same AEC, the contractor shall be assessed in
accordance with 7J .0409(f)(5) of the rules. However, the
penalty for contractors is not doubled for the second offense in
the same AEC, unless 7J .0409(f)(5)(E)(i) is applicable. If the
same contractor should be issued a third NOV within the same
AEC, then he/she shall be assessed in accordance with 7J
.0409(f)(5)(E)(fi).
pang 11 of 9Q