20170603 Ver 1_401 Application_20170516

Burdette, Jennifer a
From: Chuffo, Marla
Sent: Tuesday, May 16, 2017 12:14 PM
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 Review - Keith B. Walls
Attachments: Walls_Proposed_Lease_Modified_Diagrams_5_15_2017.pdf, Internal Review -Walls- BL
1860071 WC 1860089.docx; Investigation Report.xlsx; Original Application.April
12.2017.pdf, Walls -Amended changes to the original application.docx
Good afternoon,
The Division of Marine Fisheries has received an application from Keith B. Walls of Wilmington, for a 4.48 -acre
Bottom lease and Water column (BL 1860071, WC 1860089) in Permuda Island Bay, Onslow County for the
purpose of utilization for shellfish aquaculture. Attached are the following documents to assist with the review:
review questions, original application, shellfish lease investigation report and survey, modified maps of the
proposed lease location and a track of the changes made since the original application was received.
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 viz
email to [e-mail] by June 6th. 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
P. O. Box 769
3441 Arendell Street
Morehead City, NC 28557

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 Appll
RECEI VI
D
4 PR 12 2011 P ge of 16
Nabltat
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1. Primary Applicant Information: *(Fill this out if applying as an individual)
Applicant: First Name MILast Name
Kc:, o, o wOL-1,5
Race: C a c- Gender: Male ❑Female
Height: _I` L-1-0" Weight: I'� S I bs Eye Color: [a f Q #,,, Hair Color: e r n „j ,•.,
Have you been a legal resident of the state of North Carolina for at least ii months? ❑ No ❑ Yes
Check One:
Driver's License No. {� State J.D. No. ❑ Military I.D. No. ❑ Resident Alien I.D. No. ❑ Passport No. ❑
Number: 5 (o 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 ❑ Ye SCFL # Will 6e -
Do
t
Do you currently own a vessel with current registration? ❑ No 7Yes: Vessel ID# SC— ,fig as _ D_D (SW4116'n 40 N
Do you have four or more convictions of DMF fisheries violations in the past three years? 9No ❑ *Yes
*(If Yes you may not be eligible to obtain needed permits to work a lease otper than cuitch on bottom)
Do you currently have or hold an interest in any other shellfish leases? NrNo ❑ 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 corooration in whir_h tha nprcnn hn1r1c nn intorcct
Applicant Mailing Address
PO Box
City
State
5-14 Upland br'ive,
w,IrnIYlq�prti
�J
NC.
Applicant Physical Address
City
State
S-14 uq land Dr tVo
YV ilminok ,
NC,
Zip code
Daytime Phone No
Alt. Phone No
Email address
a84 it
3O1) 536-ovit
No) W-9190
Kwalls • (7all,n��i,deCc, In ail . co'l
Co -Applicant: First Name
MI
I Last Name
ndvt yuu ween a iegai resiaent or the state or Nortn Laronna Tor at least 5 months? U No U Yes
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: SCFL #
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 U *Yes
*(!f 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 2 of 15
Co- Applicant Mailing Address
PO Box
City
State
Zip code
Daytime Phone No
Alt. Phone No
Email address
2. Business Entity Information (Article 15 of Ch, 113): *Fill this out if applying as a Business Entity
Business Name
Type of Business Entity:
❑Corporation (Please attach copy of current articles of incorporation and list of corporate officers)
❑ Partnership (Please attach a current copy of your partnership agreement)
❑Sole Proprietorship
❑ LLC
* Please attach copies of the Articles of Incorporation, current assumed name statements, and copies of current business privilege
tax certificates with Employer Identification Number (EIN) listed.
Business Mailing Address
PO Box
City
State
Zip code
Daytime Phone No Alt. Phone No -7Email address
Business Agent/Responsible Party Name:
Business Agent Mailing Address
PO Box
Gty
State
Zip code
Daytime Phone No
Alt. Phone No
Email address
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 currently have or hold an interest in any other shellfish leases? ❑ No ❑ 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 an interest.
3. Applicant Qualifications (Optional) - describe your capability to conduct the proposed aquaculture activities
(including training, experience and education that you have obtained or will obtain) 2 ha Ij 0,
daIre(L t'v� ��wytonmcr, 1< S4:%4,v,C6 and a N4LS�4tf`S Aelre i* M0.t1nl
Scto-nct From %.1NGv4. My �hes'�s r,IprK Focused on l -6e de�ielc,Q,rnc„�} o�
�hc. UNcW A4bwwLkl1-u1frt 5,i; -tin) Tool 0.n4 Sui4c�10,1ki �`�-j t�-lodtl. I Worke
CJ Hnr. "NC -W ? CL4'Le r --Or Mcarir+a Slim« l3lr.i�ic LtuloL&6 wil-h
Trtil A4pk-*ti. *.rd Mark%., Posl.f nuc Covr gevvs wl c" I- l ev ck t(aarkous
to e�4s 1Y1Vo4v�n 5�►gll�rt� %Jclo ar+d
WOrK Qs rrlarlv.e s��tr-psi �nr ar+ tlnviiorlrY��Y��o�,� 'f
th W. lm�n9�e,n ,why.« ilii involvc� �'y� Scv�,ca`t o►-,�o,Y, (Sro ��..?
64o. +P c)ski ie r. .)
Version: DMF Lease App 2/2017 t�- Cu.1,- nac M Ar trnom, +W. N e "
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Page 4 of 16
4. Proposed lease Site Information
Check one that you are applying for: *The designated, nonrefundable application fee must accompany each application.
❑ Bottom Lease ($200.00): A bottom lease primarily uses cultch, or low profile structures to cultivate shellfish. Cages
and gear ore limited to a maximum height of 18" above the bottom. Rent, $10/0cre per year.
❑ Water Column Amendment ($100.00): A water column lease amends all or part of on existing bottom lease footprint.
Floating bags, cages greater than 18" above the bottom or any other use of the water column will require this type of
lease. Rent. $100/acre per year.
1� BOTH Bottom Lease Water Column Amendment
with ($300.00): This lease is a joint application for b th the bottom
lease and water column amendment. Rent. $110/acre per year. NCINMi" s Eilt hps n14 3c>0 , 00
(fresco
previou.Sly Aer\letk lease_ Z.Olfe
Lease County:
Closest Town: Waterbody:
—Onslow
–rop5ofI I Sie.tmp Sounk
Estimated total acreage: y Note: Acreage allowed must be consistent with the Lease Management Plan, prior lease
production history, public trust use of the area, etc.
Single lease acreage is currently
limited to 10 acres in areas where
oyster mechanical harvest is allowed.
All other areas limited to 5 acres.
Does the lease site contain known sea grasses or Submerged Aquatic Vegetation (SAV)? VNo ❑ Yes
Leases are restricted on sites with areas of 5AV.
Approximate closest distance to existing shellfish bed or oyster rock? 1000 ft,
Ceases must not be located on or within 10 ft. of existing natural shellfish beds or oyster rocks or seogross beds.
Approximate distance to marked navigational channel 150.0 ft.
Approximate distance to any unmarked navigational channel J SO ft.
Leases cannot black navigation.
Does the applicant or co -applicant own all of the shoreline adjacent to the proposed lease?" SKNo ❑ Yes
If the applicant or any co -applicant is not the sole riparian owner of any developed shoreline within 100 ft. of the proposes lease, the
riparian consent form in Section 6 of this application must be filled out and notarized to proceed with application processing.
Riparian property owners will be notified of your proposed lease site.
Approximate minimum distance of proposed lease from shoreline ^50 ft. U ndev trop aek Is Iarid
zy—d
Approximate minimum distance of proposed lease from vegetated marsh _. 3s ft..ZO
Please list the coordinates for the proposed lease. The minimum number of coordinates required is three and the maximum is
eight: A survey is not required by law but is suggested as a best management practice. Any costs of a survey are the responsibility
of the lease holder. the lease site must be as compactas possible.
Corner Coordinates:
1. 3 4° zs.5; N, — � -° JVOL W 5.3 1° �$, H%71 B�a�
N,'��` W
2. 340dO .'1 I E , N, _��� d ! . 6qt W 6. N, W
W 7. N, W
1
4.3 `)° off$ . y S (+ N, f �° a�.9�3' W 8. N, W
Version: DMF Lease App 2/2017

Page 6 of 16
5. Lease Management Plan
Shellfish species to be grown: WOysters ❑ Clams ❑ Scallops ❑ Other
Capital Investment: Year 1: $ Q5, 000 Year 2-5: $ 10,O��
Vessel Available: Vessel: ❑ N Ed Y Length: a y r Power: Trailered? ❑ N RrY
If other vessels will be used, please list here:
• What types of harvest gears will you use? l omk n!
• Will you require the use of mechanical harvest gear? (dredge, power rake, etc.) WN ❑ Y �—
*Mechanical gears are not allowed on leases located fn Primary Nursery Areas
Shellfish Grow -out Method: Please check the grow -out method(s) you propose to use on your lease and the estimated amount of
equipment and effort.
*Bottom Leases are restricted to 18" maximum height unless otherwise conditioned in the lease contract.
Bottom Methods Years 1-3 Years 45
❑ Cultch on -bottom only bushels/acre bushels/acre
❑ Spat-on-shell/clam seed spat/seed/acre spat/seed/acre
❑ Relayed oysters (Polluted or seed oyster bushels bushels
relay sources)
❑ Predator netting/bags # of units # of units
❑ Rack and bag system # of racks/bags J # of racks/bags
❑ Cage system # of cages # of cages
❑ Tray culture # of trays # of trays
❑ Other: Specify Specify
Water Column Methods Years 1-3 Years 4-5
Floating bags (Taylor float'", # of floating bags _M # of floating bags (a00
mesh bags, flip bags, etc.)
❑ Floating cages (Oyster Gro'm etc.) # of floating cages # of floating cages
❑, Suspended system, long line # of units # of units
CyI Rack and bag system >18" # of racks/bags, QWjM # of racks/bags jW_3_T5
❑ Bottom Cage system >18" # of cages # of cage s
0/ Type of Anchor used (screw anchors, rods, Type -_-SG t tW Type SL -r e,..l
etc.) # of Anchors at # of Anchors _ a S
❑ Other:
Shellfish seed source:
(Circle that
Do ou plan to participate in the following permit rel y DMF activities?
all apply)
Polluted Area Relay 9Y s El
VY
*Only shellfish native to NC maybe
pr Seed Oyster Mgt. Relay es ❑ No
cultured. Shellfish seed obtained
In-state haatf fiery: Hatchery Name: NII ['11p llyd-
fromoutside of NC will require an
11 No Cti7Yes Phone No: Z
Introduction of Species or Transfer
Out of state hatchery* Hatchery Name:
Permit from DMF prior to shipment.
Address:
This permit application must have a
❑ No dyes City: Reed i tiro
pathology report attached and is
State:y/ Zip Cade. 9A S 3 1R
good far 30 days after the report
Phone No: ( oy) LIS3 -- 43(0-+
date.
Version: DMF Lease App 2/2017

Page 7 of 16
S. Lease Management Plan (continued) y19.1d e poled 4,0
I11Lre4]Q 0.Ftr
Planting/Seeding Dates and Expected Harvest: Pevq year ,
Planting dates Year 1 sepf + H (kIL-11(month)
Expected first harvest date: Fa %1 2-D 1 Expected yield per acre: bushels; or #
1=irs+- 1tow or4wc,
Do you plan to harvest oysters anytime during April? September? 171 No Yes
Will you operate as a Shellfish Dealer? ❑ No C�7 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
Ty a and number of markers to be used
Lease corners must be marked and proper durable
V Wood post (3-4 inch) q
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: Leases 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 ❑ Graders/Sorters
❑ Floating Upweller ❑ Tumblers
❑ Tank Upweller or Downweller ❑ Storage facilities, sheds, etc.
El 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,.,, ¢r��,L(Iy Date: q11,11 la
LFor 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

Page 9 of 16
Proposer! Lease Site Diagrams #1
LOCATION MAP: (Insert below or on a separate piece of paper)
l See OJtoLt_ t A "p i a3fcarn )
Version: DMF Lease App 2/2017

Page 11 of 16
Proposed Lease Site Diagrams #2
TOP VIEW DIAGRAM: (Insert below or on separate piece of paper)
se e M� SOL,- ,C -d, d, i MC f Ay")
Version: DMF Lease App 2/2017

Page 13 of 16
Proposed Lease Site Diagrams #3
SIDE VIEW DIAGRAM (insert below or on separate piece of paper)
( See. a��w-v,cA CU 011rOYY)
Version: DMF Lease App 2/2017

7. Consent Form for Riparian Property Owners
I/We, the undersigned, hereby give my/our consent to (Name)
who resides at (Physical Address:)
to lease:
❑ Shellfish bottom
❑ Shellfish bottom and the water column
within 100 feet of my/our shoreline.
Signature
Signature
Street Address or PO Box City
SWORN to and subscribed before me
This the day of J 20_
NOTARY PUBLIC
My Commission Expires:
Version: DMF Lease App 2/2017
Name (Please Print)
Name (Please Print)
State/Zip
Phone
Page 14 of 16

Page 15 of 16
8. Public Health Information
The following information is to provide awareness of the public health risks with shellfish as well as causes and impacts
from temporary and permanent shellfish closures. An illness from your product or growing area closures can have a
significant impact on your shellfish aquaculture business. We encourage applicants review and considerthe permanent
and temporary closure status where you site your lease and implement safe handling practices.
Because shellfish are filterfeeders, they provide valuable water quality benefits by filtering up to 40 gallons of water per
day. However, they can also concentrate potential pathogens (bacteria and viruses) that cause illness in consumers,
particularly when shellfish are consumed raw or undercooked. The DMF Shellfish Sanitation and Recreational Water
Quality Section continuously sample waters to ensure the shellfish harvest areas of the coast are properly classified.
Classification maps showing permanent closure areas can be viewed at:.http://portal,ncdenr,org/web/mf/shelifish-
closure-maps
In addition to the permanent closures, heavy rainfall and the resultant runoff, or other events such as septic or sewage
failures, chemical spills, etc. may cause temporary shellfish water closures. These events result in heavy pollutant loads
washing into growing areas and may close growing areas for days to weeks depending upon the event. No shellfish
harvest is allowed during this time.
Not all pathogenic bacteria are associated with polluted waters. The National Shellfish Sanitation Program (NSSP) Model
Ordinance and the US Food and Drug Administration require safe harvest and handling practices to reduce illness caused
by post-harvest growth of Vibrio bacteria. Two species of concern are Vibrio vulnificus and Vibrio parahaemolyticus.
Vibrio bacteria occur naturally in our warm coastal waters and multiply rapidly once shellfish are removed from the
water and exposed to warm ambient air temperatures.
In order to decrease the risk of Vibrio illnesses, which are rare in NC, Shellfish Sanitation and the DMF have developed
Time to Temperature limits for harvesting oysters and clams. Leaseholders harvesting oysters outside of the regular
oyster season from shellfish leases must document time of harvest and follow restrictions set forth in DMF annual
proclamations. Shellfish dealers must also document time to temperature for receiving, storage and shipping. Current
proclamations specifying time to temperature controls are SS -1 and SS -2 on the DMF website.
In some instances, a portion or the entire lease may be closed when the surrounding growing area is later reclassified
and permanently closed by reason of pollution. Staff from DMF Shellfish Sanitation and Resource Enhancement work
closely to notify lease holders that are impacted by these reclassification closures so they can relay material off before
the closure takes place. At this point, the lease may either be relinquished by the leaseholder or it will either be
terminated for lack of production over time, or automatically expire at the end of the contract period and may not be
renewed. No shellfish harvest is allowed once the permanent closure goes into effect.
Contact the Shellfish Sanitation & Recreational Water Quality Section for up-to-date information at [phone].
Subscribe to DMF and/or Polluted Area proclamations at: .htt ortal.ncdenr.or web mf email -subscribe.
Version: DMF lease App 2/2017

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 Nam
Co -Applicant:
OR
Business Agent:
SWORN to and subscribed before me
This the day of &6 lee
, 20
NOTARY PUBLIC
��z-4p
My Commission Expires:,,; 4 � g /,`5 i
Version: DMF Lease App 2/2017
Date: 41111a 11
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Amended changes to the original application
Applicant Name: Keith Walls Lease Number: BL 1860071, WC 1860089
Intial
Date
Original
New
PG
3/17/17
Changed locations:
34 18.813
77 42.98886
34 28.539
77 28.9994
34 18.79709
77 43.0142
34 28.689
77 28.89874
34 18.68109
77 43.05836
34 28.868
77 28.97493
34 18.67759
77 43.04436
34 28.562
77 29.0538
34 18.80143
77 42.96586
34 28.50260
77 29.06885
34 28.51053
77 29.03226
PG
3/17/17
Acreage- 5.04
4.48
PG
3/17/17
Distance to unmarked channel- 350'
80'
PG
3/17/17
Distance shoreline-
50'
140'
PG
3/17/17
Distance to marsh-
35'
20'

34.475670 N -77.483330 W
34.47497° N
34.47504° N � � � � `� � � �
-
�. -77.48165° W
77.48448° W
.41
6'9
i.
Ps �� to
Stump Sound Floating Bag Lines z
J�
34.47418° N
Distance from nearest developed shoreline = 3500 ft -77.48290 W

Keith Walls Proposed Lease Side View
2.5 ft clearance at MHW
Rack and Bag 2.0 ft MLW
Water Column
Structure > 18
Shallower 4 0 Deeper

SHELLFISH LEASE INFORMATION May 16, 2017
Keith B. Walls
4.48 Acre Bottom Lease 1860071 and Water Column 1860089
Permuda Island Bay
Onslow
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: