20171251 Ver 1_Shellfish Lease Application_20171002

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Shellfish Lease Applic 12 2011
1. Primary Applicant Information: *(Fill this out if applying as an inclivi
�a itat &Enhancement
Applicant: First Name MI Last Name
ter
Race: t, 1 Gender: ale ❑ Female
I
Height: �, b Weight: .� u S Eye Color: r-42 v Hair Color: is/V,,-k
Have you been a legal resident of the state of North Carolina for at least 6 months? ❑ No M -kis
Check One:
Driver's License No. Ve' State I.D. No. ❑ Military I.D. No. ❑ Resident AIien I.D. No. ❑ Passport No. ❑
Number: �+Z(0 3(9 /td Expiration Date: �re— `•
Are you related by blood or marriage to any person now working for the North Carolina Division of Marine Fisheries? o
❑ Yes: Name and Relationship
Do you hold a Standard Commercial Fishing License? ❑ No fps: SUL# ej o
Do you currently own a vessel with current registration? ❑ No es: Vessel ID#
Do you have four or more convictions of DMF fisheries violations in the past three years? � ❑ *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 U-Ye7s
List lease numbers you hold or have an interest in: ? y
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.
Applicant Mailing Address
I4ZI(be-V-6
PO Box
City
State
6 X-4 Mk C,
6071yrl-,
/vL
Applicant Physical Address
City
State
Smyrwv
NC..,
Zip code
Daytime Phone No
Alt. Phone No
Email address
d83 7)-r,
952 1233040 I
re�e-(Gcfdtc;kloe 46'reC� ��cv
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 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 ❑ *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:
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Page 2 of 19
Co- Applicant Mailing Address
PO Box
City
State `
Zip code
Daytime Phone No
Alt. Phone No
Email address
2. Business Entity Information (Article 16 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
Email address
Business Agent/Responsible Party Name:
Business Agent Mailing AddressPO
Box
City
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? E]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)
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Page 3 of 19
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 are limited to a maximum height of 18" above the bottom. Rent: $30/acre per year.
0 Water Column Amendment ($100.00): A water column lease amends all or part of an existing bottom lease footprint.
Floating bogs, 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.
❑ BOTH Bottom Lease with Water Column Amendment ($300.00): This lease is a joint application for both the bottom
lease and water column amendment. Rent: $110/acre per year.
Lease County:
Closest Town:
Waterbody:
r
Estimated total acreage: Note: Acreage allowed must be consistent with the Lease M nagement Plan, prior lease
production history, public trust use of the area, etc.
Single lease acreage is currently
limited to 10 acres.
Does the lease site contain known sea grasses or Submerged Aquatic Vegetation (SAV)? ❑ No ®' es
Leases are restricted on sites with areas of SAV.
Approximate closest distance to existing shellfish bed or oyster rock? ft. . re_ 0—)03A, 3
Leases must not be located on or within 10 ft. of existing natural shellfish beds or oyster rocks orseagross beds.
Approximate distance to marked navigational channel ft. N/
Approximate distance to any unmarked navigational channel ft. N�
Leases cannot block navigation.
Does the applicant or co -applicant own all of the shoreline adjacent to the proposed lease?* ["a ❑ Yes
If the applicant or any co -applicant is not the sole riparian owner of any developed shoreline within 100 ft. of the proposes lease, the
riparian consent form in Section 6 of this application must be filled out and notarized to proceed with application processing.
Riparian property owners will be notified of your proposed lease site.
Approximate minimum distance of proposed lease from shoreline.�O'x ft.
Approximate minimum distance of proposed lease from vegetated marsh2S'0`36— ft.
Please list the coordinates for the proposed lease. The minimum number of coordinates required is three and the maximum is
eight: A survey is not required by law but is suggested as a best management practice. Any costs of a survey are the responsibility
of the lease holder. The lease site must be as compact as possible. U rv%I 1� L �e w$Cy
Corner Coordinates:
1. N, W 5. N, W
2. N, W 6. N, W
3. N, W 7. N, W
4. N, W 8. N, W
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LEASE PRODUCTION REQUIREMENTS AND MANAGEMENT PLANNING INFORMATION
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 meetingyour 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:
1. Harvest 40 bushels of shellfish per acre, per year; OR
2. Plant 100 bushels of seed or cultch 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:
o 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
0 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:
NOAA The data is available via NOAA's Marine Cadastre national mapper and viewer. The specific data are for Vessel Traffic
density. Generalized summaries are available in the Marine Cadastre viewer. For a good sample of data, check out the 2011 or
2013 Vessel Density dataset. Marine Cadastre: https://marinecadastre.gov/nationalviewer/. Vessel Traffic
Data: https://marinecadastre.gov/ais/ *Note this does not apply to kayaks or similar.
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/
Carteret Community College: http //www.carteret.edu/certificate-diploma-programs/aquaculture-technology-diploma/
The North Carolina Shellfish Growers Association, is an industry group that shellfish growers can join and network with other
growers. http://www.ncshelifish.org/
The East Coast Shellfish Growers Association, is a regional association that includes great information on shellfish aquaculture
including Best Management Practices. http://ecsga.org/
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5. Lease Management Plan
Shellfish species to be grown: ysters ams ❑Scallops ❑Other
Capital Investment: Year 1: $, /.5cYear 2-5:$ S (`>_ C2
Vessel Available: Vessel: ❑ N Length: .2 3 Power:
Trailered? ❑ N V -Y
If other vessels will be used, please list here:
• What types of harvest gears will you use? ri A'A
• Will you require the use of mechanical harvest gear? (dredge, power rake, etc.)LZN ❑ Y
*Mechanical gears ore not allowed on leases located in 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.
*Floating Upweller Systems (FLUPSYs), tank downwellers, upwellers, raceways, etc...
are restricted to 18" maximum height unless
otherwise conditioned in the lease contract.
Bottom Methods Year 1
Years 2-5
❑ Cultch on -bottom only bushels/acre
bushels/acre
❑ Spat-on-shell/clam seed ;2 '�L spat/seed/acre
560c' - spat/seed/acre
❑ Relayed oysters (Polluted or seed oyster bushels
bushels
relay sources)
P,T1v�
❑ Predator netting/bags # of units
# of units cmc
❑ Rack and bag system it of racks/bags _ /_
# of racks/bags
Ea/ Cage system # of cages
# of cages
❑ Tray culture # of trays
# of trays
❑ Solar Floating Upweller Specify
Specify
How is it anchored to the lease: Dimensions:
Material:
Water Column Methods Year 1
Years 2-5
Floating bags (Taylor float', # of floating bags j U°
# of floating bags
mesh bags, flip bags, etc.)
❑ Floating cages (Oyster Gro'", etc.) # of floating cages'
# of floating cages
ElSuspended system, long line # of units
# of units
❑ Rack and bag system >18" # of racks/bags _/_
# of racks/bags
❑ Bottom Cage system >18" # of cages
# of cage s
C1Y Type of Anchor used (screw anchors, rods, Type .$kvc,,,wi
76.
Type Suudtr j" -
etc.) # of Anchors
# of Anchors
❑ Solar Floating Upweller
Dimensions:
Material:
How is it anchored to the lease:
Shellfish seed source:
Do you plan to participate in the following permit relay DMF activities?
(Circle all that apply)
❑ Polluted Area Relay
❑ Yes LA110
*Only shellfish native to NC may be
❑ Seed Oyster Mgt. Relay
❑ Yes li .leo
In-state hatchery: Hatchery Name:
/71r c;r�7 ram y /Y
cultured. Shellfish seed obtained
from outside of NC will require on
E]No es Phone No:
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 ❑ Yes City:
pathology report attached and is
State:
Zip Code:
good for30 days after the report
Phone No:
date.
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S. Lease Management Plan (continued)
Planting/Seeding DatesandExpected Harvest:
f+(month)
Planting dates Year 1 '96 S
Expected first harvest date: /n a ° 7 Expected yield per acre: bushels; or k G'! v f
Do you plan to harvest oysters anytime during April —Sepember? ElNo ".Yes
Will you operate as a Shellfish Dealer? ❑ No s
*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
C 4
Lease corners must be marked and proper durable
❑ Wood post (3-4 inch) 1 �
T t
signage attached including all lease numbers,
©/Plastic/PVC dia. ft
p
reflective tape, and the name of the leaseholder.
❑ Other (composition and dimension): 1 l
A
Water Column leases must also have yellow floats
it
marking each corner. Boundary markers should be
� W
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 ck Based Facilities: (check all that apply) ❑ Raceway/trays
Dock Graders/Sorters
❑ Floating Upweller Tumblers
❑ Tank Upweller or Downweller E4—"'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:
Dater�—
( 1.2-
Signature:
r
For Staff Use Only: Aquaculture Permits needed for described lease management plan:
❑ AOP ❑ ACP ❑ ASTP ❑ Intro ❑ Mechanical Harvest ❑ Polluted Area Relay ❑ SOMA
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6. Proposed Lease Site Diagrams
On the following pages or separate pieces of 8 % X 11 paper, please provide accurate drawings or maps showing the following three
diagrams. Drawings and maps do not have to be drawn to scale but must be clear and easy to understand. Maps that are
incomplete may delay the application process or be returned for completion. Examples are given below:
#1. LOCATION MAP— Map must show North arrow; proximity to identifiable markers or landmarks, corner markers of the lease,
water body width in relation to the lease. Can be drawn, Google Map'", or NOAA Chart. Navigational charts are available for free at
httos://www.nauticaIcharts.noaa.Rov/mcd/NOAAChartViewer.htmI
#2 TOP VIEW DIAGRAM — Must show North arrow; indicate lease corners with approximate boundary distance measurements;
proposed configuration and alignment of any aquaculture gear such as floating cages or bottom cages
#3 SIDE VIEW DIAGRAM — Must indicate minimum and maximum water depth at mean low water; maximum height in inches
of any bottom structure including shell, cages, rack and bags; clearance in feet above such structures at the shallowest and deepest
part of the lease at mean low water.
EXAMPLE: LOCATION MAP (using Google Earth map example)
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Proposed Lease Site Diagrams #1
LOCATION MAP: (Insert below or on a separate piece of paper)
Version: DMF Lease App 5/2017

EXAMPLE: TOP VIEW DIAGRAM
110 ft.
lat/long for each corner
Marsh
250 ft.
Min 20 ft.buffer
--------- --- s o ■
-----
---------------- Clam netting
Floating cage lines 250 ft. Cul
Bottom cage lines
Distance from developed shoreline ft.
Oyster Creek
Dock Chan \ \
Shoreline
Version: DMF Lease App 5/2017
N
125 ft
Page 9 of 19
Est. distance across water body
ft.

Page 10 of 19
Proposed Lease Site Diagrams #2
TOP VIEW DIAGRAM: (Insert below or on separate piece of paper)
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EXAMPLE: SIDE VIEW DIAGRAM
Mean Low Water (MLW)
------------------------------------------- ---
A
Floating Cages
4 ft. MLW
Indicate Clearance in ft.
8ft. MLW
6.5 ft. MLW
6.3 ft. MLW
1
Water Column structure >18" Cultch or Shell
Bottom Lease structure 18" max ht.
Deep End Shallow End No
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Proposed Lease Site Diagrams #3
SIDE VIEW DIAGRAM (insert below or on separate piece of paper)
Version: DMF Lease App 5/2017

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
s[
within 100 feet of my/our shoreline.
Signature
Signature
Street Address or PO Box City
SWORN to and subscribed before me
This the
My Commission Expires:
of
NOTARY PUBLIC
Version: DMF Lease App 5/2017
Name (Please Print)
Name (Please Print)
State/Zip
Phone
Page 13 of 19

Page 14 of 19
8. Public Health Information
The following information is to provide awareness of the public health risks with shellfish as well as causes and impacts
duct orarea
from temporary and permanent shellfish closures. An illness from your progev e'w and conosiderthe permanent
significant impact on your shellfish aquaculture business. We encourage applicants
and temporary closure status where you site your lease and implement safe handling practices.
Because shellfish are filter feeders, 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
re properly
clhelllfishd.
Classification maps showing permanent closure areas can be viewed at:
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. Lease holders harvesting oysters outside of the regular
oyster season from shellfish leases must document time of harvest and follow restrictions
storageset
frand in sDhMF annual
Current
proclamations. Shellfish dealers must also document time to temperature for receiving,
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: http I/portal ncdenr orR/web/mf/email-subscribe
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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 June 30. 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 Name4 14Z 44��
Co -Applicant:
XIJ
Business Agent:
SWORN to and subscribed before me
This the QPI day of
My Commission Expires:
I--- -
VV Commission Expires 12.05-2017
Version: DMF Lease App 5/2017
Date: (�;
Date:
Date:

Application Checklist
Primary Applicant Information:
Page 16 of 19
✓ Individual: Complete part 1 (pg. 1).
✓ Business Entities: Complete part 2 (pg. 2).
✓ Address must include a physical address in addition to a PO Box (if PO Box used).
✓ Photo ID must be included with first time applicants who do not currently have a DMF license or permit.
Applicant Qualifications: This is optional but will assist staff when reviewing the Lease Management Plan (pg.2).
Proposed Lease Site Information:
✓ Application fee (non-refundable) made out to NC Division of Marine Fisheries.
✓ Fill out all information including Latitude and Longitude of corner coordinates.
Lease Management Plan:
✓ All information on page 6-7.
✓ Sign that you acknowledge Lease Cleanup Provisions (bottom of page 7).
Proposed Site Diagrams:
✓ Attach maps and diagrams or provide them in the space provided (pages 8-13).
o Location Map
o Top View Diagram
o Side View Diagram
Consent Form from Riparian Property Owners:
✓ Lease boundary within 100 feet of a developed shoreline must fill out and have this form signed and notarized.
Public Health Information:
✓ Read over Public Health Information (pg. 15). Time to temperature harvest and handling restrictions are
implemented that could impact your business planning. If you have questions regarding Vibrio plans or harvest
restrictions, please contact the Shellfish Sanitation and Recreational Water Quality Section.
Final Signature: (pg. 16)
✓ Read over and sign application and have it notarized.
✓ Mail application with application fee to:
NC Division of Marine Fisheries
Attention: Shellfish Lease Program
PO Box 769
Morehead City, NC 28557-0769
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Lease Application Process
Once your application is received the process generally follows this process:
1. The application is checked to ensure it is complete and the proper application fee is attached.
2. The application fee is processed.
3. Temporary lease signs are mailed to the applicant with a letter requesting the proposed site be marked on each
corner throughout the lease application process.
4. Lease applicant notifies Lease Program that the site is marked. Staff will not proceed with a site investigation
until notified the lease is marked with the temporary signs.
5. Lease Program staff will conduct an investigation on your proposed site. This investigation includes determining
criteria for marsh setback, channel locations, percentage of water body the proposed site occupies, shellfish
present and SAV present.
6. Site investigation data is compiled into a report by a biologist.
7. The proposed site map including the investigation report is sent out for review to internal agencies from whom
the division director desires comment.
8. Internal comments are compiled and summarized in a report to the DMF director. At this point the director can
recommend:
a. The Lease Program take the application to public hearing as submitted;
b. The site or application be conditioned or modified prior to going to public hearing;
c. The application be denied.
9. 30 -day public comment period. By law the division must run two public notices in a local newspaper. The
division also issues a press release and notifies DMF proclamation lists of the proposed site. At the end of the
public comment period, a public hearing is scheduled in the county where the proposed lease is located. All
comments received must either be in writing, or submitted verbally or in writing at the public hearing.
10. Public hearing comments are summarized in a report to the director for consideration. The director then does
one of the following:
a. Approves the lease as submitted or as modified in #8;
b. Approves the lease with conditions;
c. Denies the lease.
11. Once the lease is approved, the Lease Program will draw up a contract for the lease site. DMF staff will verify
corner markers and applicant installs permanent markers and signage as required. The contract will be mailed
to the lease applicant with instructions. The first year's rent is due in advance.
12. The lease applicant reads the lease contract and signs and dates with a notarized signature, indicating
agreement with the lease contract terms. The applicant mails the signed contract back to DMF with the
appropriate lease rent.
13. The lease rent is processed and the DMF director signs the contract which is mailed back to the leaseholder.
Common reasons for prolonging the lease application process include but are not limited to the following:
• Application incomplete, application fee missing, incorrect, check not signed
• Site located in area unsuitable for lease
• Site contains or in close proximity to marsh, SAV, shellfish bed, natural or man-made navigational channel
• Modifications requested to site after review or comment
• Temporary signs not posted, DMF not notified of posting, signs not readable (wrapped)
• Existing public use identified or public comment received
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Aquaculture Permits
Certain types of activities associated with shellfish aquaculture require additional permits. These permits provide leaseholders with
tools to access public resources, produce and market shellfish while ensuring protection of public health, native species and habitats.
Filling out your Lease Application completely will help DMF staff identify what permits you will need so we can bundle those with the
application. Permits are available at no cost and it is unlawful to conduct these activities without the proper permit. For more
detailed information, contact the Aquaculture Permit Coordinator, Tere Barrett at [phone].
• Aquaculture Operation Permit (AOP)
An AOP is required for any lease/operation that meets the definition of aquaculture in the Marine Fisheries Commission
rules. If you are providing any technology not found in nature (feeding, predator protection, salinity or temperature
control, etc.) you will need an AOP. All intensive culture methods will require an AOP. An ACP also gives you the ability
to harvest product under the size limit for natural wild harvest stock if your product is properly identified with your AOP
number. This is an annual permit expiring on December 31'
• Aquaculture Collection Permit (ACP)
This permit is rarely issued and is for collection of small numbers of organisms from state waters for aquaculture
purposes, typically brood stock or breeding. You must have an ACP prior to applying for an ACP.
• Aquaculture Seed Transplant Permit (ASTP)
This permit allows the transfer of seed from a permitted nursery or hatchery using waters that are classified as
Restricted or Conditionally Approved Closed by Shellfish Sanitation. To be eligible for this permit, oysters must be 25
mm or less and clams must be 12.5 mm or less.
• Introduction and Transfer Permit (Intro)
This permit allows introduction and transfer of organisms such as seed clams or oysters into North Carolina from
another state. Only native shellfish species may be transferred for placement into state waters. The transfer of
organisms is carefully monitored to ensure no unwanted shellfish diseases or pests are introduced into North Carolina
waters. A pathological report on the lot to be shipped is required by the Division prior to issuance of a permit.
• Mechanical Harvest Permit (Mechanical)
This permit allows lease holders to use select mechanical gears on their lease, even outside the regular seasons for
mechanical harvest. If your lease is in a Primary Nursery Area (PNA) you are not allowed to use bottom disturbing gear,
but you may use a winch and davit system or similar to lift and place cages or bags.
• Polluted Area Relay Permit (Relay)
This permit allows leaseholders to harvest oysters or clams of any size in designated polluted areas and relay them to
their lease. The lease is then closed for a period of time to allow the shellfish to "depurate' or cleanse themselves. The
relay period takes place after the close of the regular oyster season.
• Seed Oyster Management Area Permit (SOMA)
This permit allows leaseholders to go into designated oyster management areas open for relay to seed their leases. This
activity takes place outside of the regular oyster season.
Version: DMF Lease App 5/2017

Page 19 of 19
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/benthiclsitinatool/
Areas where leases cannot be sited:
➢ In areas unsuited to the species of shellfish or grow -out method you have selected.
➢ 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 cuItch-on -bottom, or clam -on -bottom methods.
➢ 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.
➢ Over recognized Submerged Land Claims. For a map listing any recognized claims in your county link here:
http //portal ncdenr ora/web/mf/submerged-lands-maps
Shellfish Leases must:
➢ Be as compact as possible and be compatible with the Lease Management Plan (see size restrictions pg.4).
➢ 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.
➢ Not be sited within 20 feet of a vegetated marsh to allow public access to the marsh or 5 feet where the aquaculture
method only uses cuItch -on-bottom, or clam -on -bottom methods.
➢ 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 10 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.
➢ 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 CAMA permit from the NC Division of Coastal Management. For more information, contact DCM at
[phone].
• Lease markers greater than 4 inches X 4 inches or > 4 inches in diameter
• Floating Upwelling Systems (FLUPSYs) not on lease site, tank downwellers, upwellers, raceways, etc.
• Docks, Piers, Bulkheads, or other development activities
• Permanently anchored barges or platforms
• Dredging or Fill activities or Utilities
Version: DMF Lease App 5/2017

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