On November 11, 2000, about 1630 eastern standard time, an unregistered, J and J Toucan ultralight "trike" aircraft, operating as a Title 14 CFR Part 91 personal flight, crashed near a private airstrip in the vicinity of Hayesville, North Carolina. Visual meteorological conditions prevailed and no flight plan was filed. The airplane was destroyed and the U.S. Ultralight Association, (USUA) registered pilot, the sole occupant, received fatal injuries. The flight originated from the airstrip at an unknown time. No person actually witnessed the ultralight's departure or the accident. According to the owner of the airstrip where the ultralight was kept, a person operating heavy equipment adjacent to the airstrip saw the craft taxiing, but thought that conditions were too windy to fly. The heavy equipment operator, at some later time, discovered the wreckage over a fence and called 911. According to a Clay County Sheriff Department investigator responding to the 911 call, examination of the wreckage revealed no aircraft registration markings, a two-seat tandem configuration with sand bags strapped to the rear seat, and a 4- to 5-gallon fuel tank. The ballistic recovery system was deployed, but examination revealed it had not blossomed, and may have deployed in the collision sequence. Examination of the wreckage site revealed the ultralight impacted nose wheel first in a nose down and slight left wing down attitude, and rolled over once. According to USUA Headquarters, the pilot did not hold a USUA exemption or waiver to fly the dual-seat configured ultralight in a solo configuration. Wreckage examination was conducted by the Clay County Sheriff's Department, who provided wreckage information as well as digital photographs of the wreckage to the NTSB. Additionally, the airstrip owner provided wreckage examination statements, and background on the pilot. Examination of the wire cable rigging and all fittings and connections revealed no structural failures or malfunctions. Damage to the propeller revealed low rpm at the time of the ground/propeller strike. According to the airstrip owner, the wing and propeller had been recently replaced as a result of a previous landing accident by the pilot. The airstrip owner added that his observation of the winds at the estimated time of the accident was about 8 to 15 mph from an easterly direction, which represented a crosswind to the north-south oriented runway. He thought the accident would have been the first time the pilot flew the ultralight with the weight of the added sandbags and the wind conditions. According to a statement by a USUA flight instructor, the accident pilot sought him out about 3 months prior to the accident for additional instruction after he had been certified a USUA ultralight pilot by the facility where he bought the "trike" because he was having trouble with landings. The instructor stated that the accident pilot bought the ultralight in March 2000, and suffered a crash during initial flight instruction, as well as "multiple crashes" since receiving his ultralight pilot license. The flight instructor's statement is an attachment to this report.