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HomeMy WebLinkAbout20312_PIERCE, JOHN_20000320O CAMA AND DREDGE AND FILL GENERAL �� 919312 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 +� • / Applicant Name 0tliv +pit �!' /`J,yf7P!� L41 11Lec' Phone Number 1 jy 900u Address City � k _cyJ kf,k State, A! C Zip 0 rj5y() Project Location (County_, State Road, Water Body, etc.) L H �'`�-'�'� L1%v6,A/ 'f' Ar`` n+ T )e of Project Activity r elet717 B(A I KW A I) /,E�s�r`A r� -7i a i� dl4 �ji7C�d1 C�t �) 4<�t/f T PROJECT DESCRIPTION I SKETCH Pier (dock) length Groin length number f Bulkhead length `,` max. distance offshore f Basin, channel dimensions cubic yards 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. (SCALE: Vol �, � �1, 4,�, �, � applicant's signature permit officer's signature o00 _ issuing date expiration date attachments - In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal application fee ' „i Management Program. s NIiV. -16' 01(FRI) 12:54 DEHNR COSTAL MGMT TEL:919 733 1495 P.001 Ad, 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.. SecrAtAry November 13, 2001 Mr. Andrew Ritter, Executive Director Board of Examiners for Engineers and Surveyors 310 'West Millbrook Road Raleigh, NC 27609 Dear Mr. Ritter; Post -Ito Fax Note 7671 Dais/ .. _Q pagee► To -- Mtn d From CoMepr. i7 L/G Co. G Phone # Phone Fax k Fax # Re: Complaint Agginst 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 bulkMeading 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; 919-733-2293 \ FAX, 919-733-1495 \ Internet; h1ftp://dcm2.enr.$tate.nc.us An Equal Opportunity \ Afflrmallve Action Employer — 50% Recycled \ 10% Post Consumer Paper NOV. -16! 01 01) 12:55 DEHNR COSTAL MGMT TEL:919 733 1495 F. 002 Letter to W. 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 9101395-3900), 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 CAROUNA COUNTY OF WAKE Subscribed and sworn to before me this the ��Q day of Dl��2Mt/.�Y�v , 2001. My commission expires; Aa-�� zz, Aael Notary Public cr 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 Millbrook Road �,; ; " o 20 01 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: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper 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 &Ildlln� , 2001. My commission expires: Notary Public