20313_PIERCE, JIMMY_20000320

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CAMA AND DREDGE AND FILL
GENERAL
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PERMIT
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC ) 4 • /ICX;
Applicant Name
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Phone Number?
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Address
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Zip
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Project Location (County, S�ta/t'e Road_,�/W,/atter Body, etc
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Type of Project Activity
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PROJECT DESCRIPTION SKETCH (SCALE:
Pier (dock) length
lip
Groin length_
number ( \
Bulkhead length \\
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max, distance offshore i
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Basin, channel dimensions IL
cubic yards
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Boat ramp dimensions
Other
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
04, applicant's signature
,A 1 /
rirkpermit officer's signature
issuing date expiration date
attachments 714 , J10 V
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
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application fee +� -

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NCDENR /
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
November 15, 2001
Mr. Andrew Ritter, Executive Director
Board of Examiners for Engineers and Surveyors
310 West N illbrook Road
Raleigh, NC 27609
Dear Mr. Ritter:
Re: Complaint Against John L. Pierce, Professional Land Surveyor Seal # L-2596
I am requesting that you investigate the actions of John L. Pierce regarding development
activities he undertook pursuant to the Coastal Area Management Act (CAMA) in Pender
County. The development involves a subdivision originally known as Topsail Landing but now
called Harbor Point.
Mr. Pierce applied for general permits to bulkhead waterfront property purportedly owned by
three individuals. In March 2000, this Division issued a general permit (#020312-D) to Mr. John
Pierce, a general permit to Mr. Jimmy Pierce (#02313-D), and a permit exemption to Mr. O.H.
Carroll for the construction of bulkheads, supposedly on their waterfront property. These
permits and exemption were issued based on John Pierce's survey dated March 19, 2000, which
gave erroneous property owner information indicating all lots were owned by three people. In
fact, the property was in common ownership of Sunset Cove Development, Inc. for which John
Pierce served as the registered agent.
Under the regulations implementing CAMA found at 15A NCAC Chapter 7H (pertinent rules
enclosed), general permits for bulkheads would not be available for shoreline lengths greater
than 500 feet. The bulkheading project as applied to a common owner would have involved
disturbing more than one acre of land under common ownership, thus triggering the necessity for
the property owner to acquire a CAMA major permit from this Division, a coastal stormwater
permit from the Division of Water Quality, and approval of a sedimentation erosion control plan
from the Division of Land Resources.
Additionally, under statutory provisions of CAMA and its implementing regulations, adjacent
riparian property owners are to be notified by a permit applicant whenever a property owner
applies for a CAMA development permit. It appears that Mr. John Pierce, Mr. Jimmy Pierce,
and Mr. O.H. Carroll either falsely claimed to be the property owner for which a CAMA permit
was being sought and/or gave a waiver falsely indicating that one or the other of them was the
adjacent riparian property owner, when in fact it appears that Sunset Beach Development, Inc.
owned the entire property at that time.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

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Letter to Mr. Ritter
November 15, 2001
Page 2
I am enclosing a number of documents that should help you investigate this matter. If you need
to discuss the details of this complaint, please contact the Division's Wilmington district office
manager, Bob Stroud or field representative Jim Gregson (at 910/395-3900), both of whom were
heavily involved in this matter.
Thank you for your attention to this complaint. I look forward to your reply.
Sincerely,
Donna D. Mofffitt
Enclosures
cc: Dan Oakley, DENR General Counsel
Charles Jones, DCM
Bob Stroud, DCM
Jim Gregson, DCM
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Subscribed and sworn to before me this the �h day of &//Jmb�', 2001.
My commission expires:
Notary Public