20100190 Ver 1_More Info Letter_20100428

A 70A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 28, 2010
CERTIFIED MAIL: 7008 1140 0002 9563 3445
RETURN RECEIPT REQUESTED
Rogers Bay Campground
Attn: Steve Mueller
416 Camway Drive
Wilmington, NC 28403
Subject Property: Rogers Bay Campground Dredging Project
REQUEST FOR MORE INFORMATION
Dear Mr. Mueller:
DWQ Project # 10 0190
Onslow County
On March 5, 2010, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received your
CAMA application dated March 5, 2010 for maintenance dredging of an existing boat channel from the boat ramp
to the AIWW.
The DWQ has determined that your application provided inadequate information as discussed below. The DWQ
will require additional information in order to process your application to impact protected primary nursery areas
and shellfish habitat. Therefore, unless we receive the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide all of the following information so that
we may continue to review your project.
Additional Information Requested:
Please provide photos, maps or some additional documentation that the area in Rogers Bay had a
natural channel that was being used by the campground residents. The aerial photos provided do not
distinguish that there was a natural channel going through Rogers Bay or that it had been previously
dredged. They do show that the area from Rogers Bay to the Campground boat ramp area was
previously dredged. The DWQ needs this additional documentation to support the maintenance
dredging aspect of the application. If no other documentation can be located, you also have the option
of eliminating the dredging portion of the project within Rogers Bay and dredging the channel to the
existing boat ramp to a consistent depth with the Bay.
2. A shellfish survey shall be required to determine if a shellfish resource is present. The project is
located within an Outstanding Resource Water (ORW) area and dredging activities that could impact
submerged aquatic vegetation (SAVs) and shellfish producing habitat are not allowed.
Wilmington Regional Office One t 1
127 Cardinal Drive Extension Wilmington, NC 28405 North Cd1011rid
Phone: [phone] / FAX: [phone]
Internet: www.ncwateraualitv.ora Al/7h,("fly'l
An Equal Opportunity/Affirmative Action Employer Customer Service 1-877-623-6748
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Page Two
Rogers Bay Campground
Attn: Steve Mueller
DWQ # 10 0190
April 28, 2010
The previously mentioned requirements are addressed below.
The North Carolina Division of Marine Fisheries is concerned that your proposed project would cause
significant adverse impacts to the primary nursery area (PNA) and shellfish habitat in this area. The impacts
to the PNA and shellfish area would be considered an impact to an existing use, which would be considered
a degradation of waters, which would result in violations of the following Water Quality Standard:
15A NCAC 02B.0201 ANTIDEGRADATION POLICY
(b) Existing uses, as defined by Rule .0202 of this Section, and the water quality to protect such uses
shall be protected by properly classifying surface waters and having standard sufficient to protect these
uses. In cases where the Commission or its designee determines that an existing use is not included in
the classification of waters, a project which shall affect these waters shall not be permitted unless the
existing uses are protected.
(d) The Commission shall consider the present and anticipated usage of High Quality Waters (HQW),
including any uses not specified by the assigned classification (such as outstanding national resource
waters or waters of exceptional water quality) and shall not allow degradation of High Quality Waters
below the water quality necessary to maintain existing and anticipated uses of those waters. High
Quality Waters are a subset of waters with-quality higher than the standards and are as described by
15A NCAC n2B .01019e)(5). The procedures described in Rule .0224 of this Section shall be
implemented in order to meet the requirements of this part.
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a
water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall
be evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activities which receive a
water quality certification pursuant to these procedures shall not be considered to remove existing
uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of
wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H
.0506©(1)-(5) in determining the potential impact of the proposed activity on the existing uses of the
wetland per 15A NCAC 2H .0231.
The historical aerials do not distinguish that there is a "natural channel" or existing channel in the area
defined as Rogers Bay, which then questions that the project can be considered as maintenance dredging.
This is another area of concern for the DWQ covered by the following Water Quality Standard;
2. 15A NCAC 0211.0225 Outstanding Resource Waters
(c) Quality Standards for ORW
(2) Saltwater. Water Quality conditions shall be maintained to protect the outstanding resource
values of waters classified ORW.....
No dredge or fill activities shall be allowed if those activities would result in a reduction of beds of
submerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15 NCAC.
03 1.0 10 1 (b)(20)(A) and (B), except for maintenance dredging, such as that required to maintain
access to existing channels and facilities located within the designated areas or maintenance
dredging for activities such as agriculture.
Page Three
Rogers Bay Campground
Attn: Steve Mueller
DWQ # 10 0190
April 28, 2010
Please respond within three weeks of the date of this letter by sending this information to me in writing and two
copies to Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260. You will also
need to contact Steve Everhart with the Division of Coastal Management with the changes to your application. If
we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized
(at this time) by the DWQ. Please call Joanne Steenhuis at 910.796.7306 or Ian McMillan at 919.715.4631 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,

Rick Shiver
Regional Supervisor
Surface Water Protection Section
cc: Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Chad Kimes - Kimes Engineering
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett - DCM Morehead Office
Steve Everhart - DCM Wilmington Office
Jessi ONeal - Division of Marine Fisheries
WIRO