20170588 Ver 1_401 Application_20170426

Burdette, Jennifer a
From: Chuffo, Marla
Sent: Wednesday, April 26, 2017 11:50 AM
To: Nelson, Forrest; Haines, Andrew; Murphey, Trish; Howell, Jonathan; Higgins, Karen;
[e-mail]
Cc: Murphey, Steve; Deaton, Anne; Graven, Michael; Burdette, Jennifer a
Subject: Proposed Shellfish Lease for Review
Attachments: Internal Review Hargrove_ 1885466 WC1885474.docx;
1885466.James.Hargrove. HewlettsC reekInvestigationReport. 1885474.xlsx; 1885466
-Hargrove-1885474 Application.pdf, Map.pdf
Good afternoon,
The Division of Marine Fisheries has received an application from James Hargrove of Wilmington, for a 5.00 acre Bottom
lease and Water column (BL 1885466, WC1885474) in Hewlett's Creek, New Hanover County for the purpose of utilization
for shellfish aquaculture. Enclosed is the application, shellfish lease investigation report and a map of the proposed lease
location.
In order to more fully evaluate other factors which may affect the possible issuance of this lease, it is requested that
Marine Patrol, Fisheries Management and Shellfish Sanitation complete the attached review form. As previously agreed
to earlier this year, this application and site information also serves as the joint application to the US Army Corp of
Engineers Nationwide Permit 48. Division sections; please return forms and comments via email to
[e-mail] by May 19th. Non -DMF comments or questions should also be directed to Marla. North
Carolina General Statute 113-202 requires comments to be evaluated by the DMF director and if approved to post two
legal notices and hold a public hearing during at the end of a 30 day public comment period. We appreciate your prompt
review of this proposed shellfish lease.
Thank you in advance for your time and consideration in this matter. If you have any questions please feel free to
contact Mike Graven at [phone] or [e-mail].
Sincerely,
Marla J. Chuffo
Program Assistant V
Division of Marine Fisheries
Habitat and Enhancement/Leases
252-808-8048 office
marla.chuffo(a-)ncdenr.Qov
P. O. Box 769
3441 Arendell Street
Morehead City, NC 28557
xf.

Email corresponclence to and fi`om thlois address is sut-yect to tlhe
Alotill-I Carolina Public Records 'Law and may be disclosed to thloird patlies,

North Carolina Shellfish Lease Application
RECEIVED
FEB 2 S 2page of
Habitat & Enhancement
1. primary Applicant information: *(Fill this out if applying as an individual)
Applicant: First Name
MI Last Name
3G-
M e S
>^� a, cgir' a
Race: a GaS;a Gender:Male LlFemale
Height: S i ! o It weight: Eye Color: Hair Color: --a.11
Have you been a legal resident of the state of North Carolina for at least 6 months? ❑ No files
Check One:
Driver's License No. L!r' State I D. No. ❑ Military I.D. No. ❑ Resident 411en 1.D. No. ❑ Passport No. ❑
Number: 2SW 69 W Expiration Date: d 9l O
Are you related by blood or marriage to any person now working for the North Carolina Division of Marine Fisheries? 206
❑ Yes: Name and Relationship
Do you hold a Standard Commercial Fishing License? o ❑ Yes: CFE #
Do you currently own a vessel with current registration? ❑ No es: Vessel ID# /✓C, ^ /tj
Do you have four or more convictions of DMF fisheries violations in the past three years? No ❑ *Yes
*(If Yes you may not be eligible to obtain needed permits to work a lease other than cultch on bottom)
Do you currently have or hold an interest in any other shellfish leases? WNo ❑ Yes
List lease numbers you hold or have an interest in:
G.S. 113-202 (c). No person, including a corporate entity may acquire and hold by lease, lease renewal, or purchase more than 50
acres of public bottoms under shellfish cultivation leases. For purposes of this subsection, the number of acres of leases held by a
person includes acres held by a corporation in which the person holds on interest.
Applicant Mailing Address
PO Box
State
n
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Applicant Physical Address
City
State
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Zip code
Daytime Phone No
Alt. Phone No
Email address
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Co -Applicant: First Name
MI
Last Name
Have you been a legal resident of the state of North Carolina for at least 6 months? ❑ No
Check One:
Driver's License No. ❑ State I.D. No. ❑ Military I.D. No. ❑ Resident Alien I.D. No. ❑ Passport No. ❑
Number: Expiration Date:
Are you related by blood or marriage to any person now working for the North Carolina Division of Marine Fisheries? ❑ No
❑ Yes: Name and Relationship
Do you hold a Standard Commercial Fishing License? ❑ No ❑ Yes: SUL #
Do you currently own a vessel with current registration? ❑ No ❑ Yes: Vessel ID#
Do you have four or more convictions of DMF fisheries violations in the past three years? ❑ No ❑ *Yes
*(If Yes you may not be eligible to obtain needed permits to work a lease other than cultch on bottom)
Do you currently have or hold an interest in any other shellfish leases? ❑ No ❑ Yes
List lease numbers you hold or have an interest in:
Version: DMF Lease App 2/2017

Page 3 of 16
.LEASE SITING INSTRUCTIONS AND INFORMATION
It is the responsibility of the applicant to site the lease. Shellfish Leases are a special use of Public Trust submerged land and waters
that allow individuals to grow shellfish for commercial production only. To protect access to Public Trust resources the Division
Director is given broad authority to ensure that leases are granted in areas that will be compatible with the lawful utilization of
marine and estuarine resources. The UNC Wilmington Aquaculture Siting Tool Is an excellent resource to assist you with Site
Selection.-http://uncw.edu/benthic/sitingtooi/_
Areas where leases cannot be sited:
- In areas unsuited to the species of shellfish or grow -out method you have selected.
�w In areas closed by Shellfish Sanitation because of pollution.
> Within 10 feet a natural shellfish bed.
• By MFC rule, a natural shellfish bed is defined as 10 bushels of shellfish (oysters, clams, mussels) per acre.
• The US Army Corps of Engineers Nationwide Permit #48 sets strict limits for the placement of aquaculture sites
near naturally occurring oyster reefs, oyster aggregations and shell bottom
> On areas containing significant Submerged Aquatic Vegetation (SAV, i.e. sea grasses).
• The US Army Corps of Engineers Nationwide Permit #48 sets strict limits for the placement of aquaculture sites
where the presence of SAV Is greater than very sparse coverage on a small percentage of the applied for site.
Where the lease site extends more than one-third of the distance across any water body (creek, bay, river, etc.); except
where the aquaculture method only uses cultch-on-bottom, or clam -on -bottom methods.
r In areas incompatible with traditional uses such as, but not limited to; commercial or recreational fishing, swimming areas,
navigational channels (marked and unmarked), areas designated as shellfish management areas and enhancement sites
including cultch planted sites.
> In areas where leases are otherwise prohibited by law.
Y Over recognized Submerged Land Claims. For a map listing any recognized claims in your county link here:
.http://porta l.ncdenr,org/web/mf/s_ubmergeed-lands-maps.
Shellfish Leases must:
> Be as compact as possible and be compatible with the Lease Management Plan (see size restrictions pg.4).
`r Not impinge upon the rights of riparian property owners.
• Within 100 feet of a developed shoreline you will need written and notarized consent of the riparian property
owner.
•
All riparian property owners near your proposed lease will be notified by the division of your application during the
public comment period.
Y Not be sited within 20 feet of a vegetated marsh to allow public access to the marsh.
i' Not exclude or attempt to exclude the public from allowable public trust use of navigable waters on shellfish leases and
franchises including, but not limited to, fishing, hunting, swimming, wading and navigation.
• Lease sites using bottom or floating cages must place them in parallel rows with at least 1D feet between each row
to allow for navigation by the public. Rows may be configured in any direction.
Be continuously marked with proper legible signage on all corner markers. All corner markers shall be marked with either
reflective tape or reflectors.
D Not conduct development activities listed below without permitting by the Division of Coastal Management.
•NOTE: The Division of Marine Fisheries has no authority to permit the following structures on a lease. If you wish to use these
structures they will require a LAMA permit from the NC Division of Coastal Management. For more information, contact DCM at
[phone].
• tease markers greater than 4 inches X 4 inches or > 4 inches in diameter
• Floating Upwelling Systems (FLUPSYs), tank downwellers, upwellers, raceways, etc
• Docks, Piers, Bulkheads, or other development activities
• Permanently anchored barges or platforms
• Dredging or FIII activities or Utilities
Version: DMF Lease App 2/2017

Page 5 of 16
LEASE PRODUCTION REQUIREMENTS AND MANAGEMENT PLANNING INFORMATION
PRODUCTION
Shellfish leases In NC must meet Production Standards by rule. Failure to meet production standards is the number one reason for
leases being terminated. Proper sizing of the lease and a sound management plan are key to meeting your production standards.
The following are the minimum Shellfish Lease Production Standards in MFC Rule:
Bottom Lease:
1. Harvest 10 bushels of shellfish per acre, per year; AND
2. Plant 25 bushels of seed; OR Plant 50 bushels of cultch; OR Combination of 2 and 3 where the total equals 100% of planting
requirement
Water Column Lease:
I. Harvest 40 bushels of shellfish per acre, per year; OR
2. Plant 100 bushels of seed or cu Itch or a combination that equals 100% of planting requirement
Note: The Shellfish Lease Program uses the following conversion numbers to determine bushels in planting and marketing. These
numbers apply to all sizes; seed to market size:
a Clams and Scallops:
1 bu. = 400 count
o Oysters:
1 bu. = 300 count
o Cultch:
o
Scallop shell:
1 bu. = 40 pounds
o
Oyster Shell:
1 bu. = 60 pounds
o
Clam Shell:
1 bu. = 75 pounds
o
2 in. fossil stone (marl):
1 bu. = 90 pounds
LEASE MANAGEMENT PLAN
The Lease Management Plan details what type of aquaculture operation you plan. This is an important step when planning your
shellfish lease activities. Division staff will review your Lease Management Plan to help determine if your lease type and acreage is
compatible with the equipment, capital investment, and grow -out methods you intend to use.
When your shellfish lease is approved by the division director, the Lease Management Plan will become a part of the legal lease
contract by reference. Significant changes to grow -out methods, species, and navigational clearance will require submission of a
modified management plan and approval by the division.
AQUACULTURE TECHNICAL ASSISTANCE:
North Carolina Sea Grant can provide valuable assistance In helping you determine capital investment, lease size, grow -out
methods, seed sources, and many other important Items that will help your aquaculture venture succeed.
_https://ncseagrant.ncsu.edu/aquaculture/.
Brunswick Community College:.httn://www.brunswickcc.edUProfessionai-technical/aquaculture-technology/-
Carteret Community College:.httr)://www.carteret.edu/certificate-diploma-program.s/aquacuitu re-technology-digloma .
The North Carolina Shellfish Growers Association, is an industry group that shellfish growers can join and network with other
growers..httP://www.ncsheIIfish.ors/.
The East Coast Shellfish Growers Association, is a regional association that includes great information on shellfish aquaculture
including Best Management Practices..http://ecs9a.QrR/_
Version: DMF Lease App 2/2017

Page 7 of 16
S. Lease Management Plan (continued)
Planting/Seeding Dates and Expected Harvest:
Planting dates Year 1 /VaV cyy��j/ (month)
Expected first harvest date: /1,,,o V. a 0 Expected yield per acre: bushels, or # 404 woo
Do you pian to harvest oysters anytime during Aprill-- eptember? ElNo UKYes
Will you operate as a Shellfish Dealer? ElNo ® Yes
*Closed oyster season harvest requires a Closed Oyster Harvest Certification. A Shellfish Dealer must have a Certification from
Shellfish Sanitation [phone], and a DMF Dealer License to operate.
*A Commercial Fishing Vessel Registration will be required annually for boats used to harvest or transport seafood. The registration
is separate from the NC Wildlife Resource Commission's registration.
Lease Marking
Type and number of markers to be used
Lease corners most be marked and proper durable
e Wood post (3-4 inch) { t n L�#�
signage attached including all lease numbers,
❑ Plastic/PVC dia. #
reflective tape, and the name of the leaseholder.
❑ Other (composition and dimension):
Water Column leases must also have yellow floats
#
marking each corner. Boundary markers should be
every 150 feet.
*Markers greater than 4x4 inches may require a permit from the Division
of Coastal Management.
NOTE: teases may be conditioned to reduce or
increase the number of markers required depending
#The DMF has no duty to protect any lease or franchise that is not
upon location, navigational issues, etc.
properly marked.
Land/Dock Based Facilities: (check all that apply) ❑ Raceway/trays
❑ Dock Lg"'Graders/Sorters
❑ Floating Upweller ER" Tumblers
Tank Upweller or Downweller e Storage facilities, sheds, etc.
❑ Pumps ❑ Other: (specify)
* NOTE: These structures, if proposed, may require
a permit from the Division of Coastal Management
Lease Cleanup Provisions
*If your lease is surrendered, cancelled, terminated for lack of production or failure to pay rent, or you simply choose to relinquish
the lease, the leaseholder is responsible for removing all markers, posts, and aquaculture gear except planted cultch. You will be
given a 30 -day notice to remove all posts, markers, and aquaculture gear. If you do not remove the markers, posts, and gear after
the 30 -day notification, the Division of Marine Fisheries may pursue legal action to have It removed at your cost. These provisions
will be included in the lease contract.
The leaseholder is also responsible for collecting any gear that is displaced due to storm events. It is highly recommended that all
lease equipment is labeled with your contact information to facilitate collection in case of storm loss.
By signing I agree that I have read and understand the Lease Cleanup Provisions:
Signature: Date:—0 ,2 A
For Staff Use Only: Aquaculture Permits needed for described lease management plan:
❑ AOP ❑ ACP ❑ ASTP ❑ Intro ❑ Mechanical Harvest ❑ Polluted Area Relay ❑ SOMA
Version: DMF Lease App 2/2017

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Page 9 of 16
Proposed Lease Site Diagrams #1
LOCATION MAP: (Insert below or on a separate piece of paper)
Version: DMF Lease App .2/2017

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Proposed Lease Site Diagrams #2
TOP VIEW DIAGRAM: (Insert below or on separate piece of paper)
Version: DMF Lease App 2/2017

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7. Consent Form for Riparian Property Owners
Page 14 of 16
]/We, the undersigned, hereby give my/our consent to (N -7a -me) 3-0, M c 5 ['t a /1 vo
who resides at (Physical Address:) M 1 G
to lease:
❑ Shellfish bottom
E9Sh/hellfish bottom and the water column
within 100 feet of my/aur shoreline.
S ' nature
Signature
,,V/+
Street Address or PC Box City
SWORN to and subscribed before me
This the d 0 day of 20if-4-
My Commission Expires: ff r am f
Version: DMF Lease App 2/2017
-5-Ames 14arq rd cFc--
Name (Please Print)
A//+
Name (Please Print)
State/Zip Phone
V!iALESKA A BINKO
Notary Public
Pender Co„ North Carolina
My Com0caion Ex*.',- MIrah 28, 2017

Page 16 of 16
9. Final Signature
By signing below, the Applicant hereby states that the information Included in the application is true and correct, and
that the Applicant(s) understand the following:
1, The Applicant will accept the lease or franchise subject to all the provisions of the North Carolina Marine Fisheries
Commission Rules and applicable General Statutes 113-201, 113-202 and 113-202.2.
2. The annual Lease rental fee shall be $10.00 per acre for bottom leases and $100.00 per acre for water column leases.
Lease rent is prorated for the first year, and is due prior to the issuance of the lease contract. Annual rent shall be paid a
year in advance on or before March 31. Unpaid or delinquent rent will result in the termination of the lease.
3. The applicant agrees to use the lease for commercial production of shellfish and shall provide annual production
reports as required by the division. Failure to meet production requirements may result in the termination of the lease.
Applicant Name: )0.Mr13
Co -Applicant:
S
Business Agent:
SWORN to and subscribed before me
This the day of 20 1
!VOTARY PUBLIC
My Commission Expires: 04 �Vr
Version: DMF Lease App 2/2017
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Date: it- I of
Date:
Date:
WALESKA A 811iNK4
Notary Public
Fh�Cc�mn
ander Co., ,;forth Carolina
[: ;ion F-" 110 28, 2017

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Shellfish Lease Investigation Report
Investigation Date
4/20/2017
Applicants name
James Hargrove
Lease Number
BL 1885466 WC 1885474
County
New Hanover
Water body/location
1701000000 Hewletts Creek
Proposed Lease Size (acres)
1.05
Lease Type
Bottom and Water Column
Investigation Team
Jerry Spencer, Dustin Walters, Kyle Tobin,
Patrick Gillam
Sampling Time
4 hours
Gear Used
Handrake/ Quadrat and Patent Tongs
Sediment Type
Muddy Sand 6
Bottom Composition
O
Depth
0.5
Tidal stage
Rising
Tidal range
4 ft
Wind Speed and Direction
S 5knt
Exposure
Nand S
Water temperature
22.1
Salinity
30.1
Salinity Range
NA
Dissolved Oxygen
5.35
Comments On SAV In or
Around Proposed Lease
Location
None found
Other Species Collected
Quahog, Snail, eel
Suitibility of Waterbody for
Shellfish Cultivation
Suitable
In PNA?
Yes
In Polluted Area?
No
In MMPA?
No
Other Comments
Located adjacent to another lease. On a sand
schoal. Overlaps with two terminated lease.
The area is mostly cleaned up. A few clam
bags were found on the western boundary.
5/12/2017 4:16 PM

Proposed Shellfish Lease Biological Investigation Sampling Data
BL 1885466
Applicant: James Hargrove Proposed Lease M WC 1885474 Date: 4/20/17 4/20/2017
Lease size: 1.05 acres # of Samples: 25
Sample #
Presence of
SAV/Density
class
# of Oysters
(Eastern Oyster)
# of Clams
(Quahogs)
# of Scallops
Sediment
Date collected Comments Bottom Comp. Type
1
0
0
0
0
4/20/2017
2
0
0
0
0
4/21/2017
3
0
0
0
0
4/22/2017
4
0
0
0
0
4/23/2017
5
0
0
0
0
4/24/2017
6
0
0
0
0
4/25/2017
7
0
0
0
0
4/26/2017
8
0
0
0
0
4/27/2017
9
0
0
0
0
4/28/2017
10
0
0
0
0
4/29/2017
11
0
0
0
0
4/30/2017
12
0
0
0
0
5/1/2017
13
0
0
0
0
5/2/2017
14
0
0
0
0
5/3/2017
15
0
0
0
0
5/4/2017
16
0
0
0
0
5/5/2017
17
0
0
0
0
5/6/2017
18
0
0
0
0
5/7/2017
19
0
0
0
0
5/8/2017
20
0
0
0
0
5/9/2017
21
0
0
0
0
5/10/2017
22
0
0
0
0
5/11/2017
23
0
0
1
0
5/12/2017
24
0
0
1
0
5/13/2017
25
0
0
0
0
5/14/2017
26

Proposed Lease #BL 1885466 WC 1885474
Q
Lease..
She I If s h Lea s e C orner P oles Leas a Acreage _ 1.0 5
Ya rd s Saar ple wu Ith N 0 SAV -
0 15 30 Sam ple WITH SAV

SHELLFISH LEASE INFORMATION April 26, 2017
James M Hargrove
5.00 Acre Bottom Lease 1885466 and Water Column 1885474
Hewletts Creek
New Hanover
FOR FISHERIES MANAGEMENT AND MARINE PATROL:
PLEASE ANSWER THE FOLLOWING QUESTIONS, INCLUDING ANY COMMENTS
THAT YOU FEEL ARE PERTINENT.
1. Would this lease be compatible with fishing, boating, and other recreational interest in the
area?
Yes No Comments:
2. Would this lease adversely affect navigation in the area?
Yes No Comments:
3. Would this lease be compatible with commercial fishing and shellfishing interests in the area?
Yes No Comments
4. Have you received any public comment concerning this proposed lease?
Yes No Comments:
5. Other comments:
SHELLFISH SANITATION
PLEASE ANSWER THE FOLLOWING QUESTIONS, INCLUDING ANY COMMENTS
THAT YOU FEEL ARE PERTINENT.
1. What is the current status of the area described above concerning closures issued by your
office to the harvest of shellfish?
Approved Conditionally Approved Prohibited
Comments:
2. If the current status is "Conditionally Approved", in your opinion what percentage of an
average year would the area be restricted to shellfish harvesting?
25% or less 25%-50% 50%-75% 75% or more
Comments:
3. Has the status of this area changed within the last year? Yes No
Comments:
4. Do you expect the current status of this area to change in the near future? Yes No
Comments: