(a)  Upon acceptance of a completed application, the proposed lease area shall be inspected by agents of the Division.  Proposed lease areas inconsistent with applicable standards contained or referenced in 15A NCAC 3O .0201 shall result in the return of applications for amendment to remove the inconsistencies.  If the boundaries of the proposed lease area are modified, the stakes identifying such areas shall be relocated accordingly by the applicant.  The failure of applicants to amend applications or modify lease area identification, when required, shall result in denial of such applications.

(b)  If the initial or amended lease application is deemed consistent with all applicable requirements, the Secretary or his designee shall notify the applicant and publish notices of intention to lease in accordance with standards in G.S. 113‑202(f).

(c)  The Secretary shall consider the lease application, the Division's proposed lease area analysis, and public comments, and may in his discretion lease or decline to lease the proposed lease area or any part thereof.  Special conditions may be imposed so that leases may be issued which would otherwise be denied.  Should an applicant decide not to accept any special condition imposed on the lease by the Secretary, the application shall be considered denied.

(d)  Upon approval of leases by the Secretary, applicants shall mark the shellfish bottom leases in accordance with 15A NCAC 3O .0204(a)(1), water column leases in accordance with 15A NCAC 3O .0204(a)(2), and shall within 90 days submit to the Division acceptable surveys of the areas approved for leasing except that a water column lease which entirely covers a shellfish bottom lease or franchise with an accepted survey on file does not require another survey.  Such surveys shall be made at the expense of applicants and must meet the following standards:

(1)           Surveys and maps shall meet all the requirements of 21 NCAC 56 .1600, Standards of Practice for Land Surveying in North Carolina, which is hereby incorporated by reference including subsequent amendments and editions.  This material is available for inspection and copies may be obtained from the Marine Fisheries Division, Marine Fisheries Building, 3441 Arendell St., P.O. Box 769, Morehead City, North Carolina 28557, at no cost.

(2)           Maps shall bear the certificate:

"I _________________________ certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision); that the error of closure as calculated by latitudes and departures is 1: _____________, that the area is ___________ acres.  Witness my hand and seal this ____________ day of __________ AD ________."


Surveyor or Engineer

(3)           The phrase "other appropriate natural monuments or landmarks" in 21 NCAC 56 .1604(e)(9) shall include bridges, roads, highways, intersections, publicly maintained aids to navigation, houses and other permanent buildings, radio, telephone, TV, and water towers; docks; piers, and bulkheads; but does not include stakes marking the boundaries of adjoining leases, points of marsh, junctions of streams, or other landmarks which are particularly subject to change through natural processes, storms, or the effect of man.

(4)           A written description of the survey suitable for official documents shall be provided with the survey.

(5)           Locations of all corner markers in latitude and longitude shall be provided with the survey and presented in an eight digit format.  The relative accuracy of the corner marker locations shall be equal to or less than two meters.  Information on the method of measurement, make and model of equipment, and coordinate system used to determine the latitude and longitude shall be included.

(e)  Proposed shellfish bottom lease areas remain public bottom until a lease contract has been executed by the Secretary.

(f)  Proposed water column lease areas superjacent to shellfish bottom leases and recognized perpetual franchises remain public water until a lease contract has been executed by the Secretary.


History Note:        Authority G.S. 113‑134; 113‑182; 113‑201; 113‑202; 113‑202.1; 113‑202.2; 143B‑289.52;

Eff. January 1, 1991;

Amended Eff. October 1, 2008; March 1, 1994; September 1, 1991.