20110372 Ver 1_Buffer Determination_20110503

?.*A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 3, 2011
Marty R. Hurdle
355 Swing Gate Road
Hertford, NC 27944
DWQ Project # 2011-0372
Perquimans County
Subject Property: Marty Hurdle Sand Mine - Hertford, NC
UT to Mill Creek, Perquimans River Basin
On-Site Determination of Surface Waters of the State of North Carolina
Dear Mr. Hurdle:
At your request I conducted an on-site determination to review a drainage feature located
on the subject property to identify any streams that would qualify as surface waters. The
project area is labeled as "2011-0372" on the attached map initialed by me on May 3,
2011. The project is located on the north side of SR 1227, approximately 0.75 miles
north of the intersection of SR 1227 and US HWY 17.
The Division of Water Quality (DWQ) has determined that the surface water that is
circled, highlighted in red, and labeled as "2011-0372" on the attached map appears
to be a man-made ditch that would not be considered to be considered a natural
stream. This feature may be considered a jurisdictional feature by the U.S. Army Corps
of Engineers. This feature should be identified on any future plans for this property. The
owner (or future owners) should notify the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property. This on-site
determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that a surface water exists and that it is subject to the buffer
rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
North Carolina Division of Water Quality Internet www.ncwatergM it .or
943 Washington Square Mall Phone [phone] One
Washington, NC 27889 FAX [phone] N hCarollina
An Equal OpportunitylAtfinnative Action Employer - 50% Recyded110% Post Consumer Paper ;Vatmrally
Page 2 of 2
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants
are hereby notified that the 60-day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any
activity within the buffers. Nor does this letter approve any activity within Waters of the
United States or Waters of the State. If you have any additional questions or require
additional information please call me at [phone].
Sincerely,

Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Hertford quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Ken Elliott, 622 Rocky Hock Creek Road, Edenton NC 27932
USACE, Washington Field Office - Attn: Kyle Barns
WaRO DLR - Attn: Gary Novak
Filename: 2011-0372

cii
1/
It N
C"`n??
` awipw•r +•r,•ti•?$n 4?f / ? ?.+'Q/.
}
?..,... ?!'?.' '-???• (mow. ? . ?• * Y ?, A
r '? !r 4/15/2QU' •s '•
R
.f?4i1'G3'' ;iut r
gement agernent mr':Oci %0 i3
,
ManaDMsiOn Of Water
For;
R
Date
Nviev-d
,?? ,;' 172}' • `' f! ? '
MCI Grove
Loo
e r liy
?--,
• fff
Ilk,
" • ___ o
10, 1301
Copyright (C) 1997, Maptech, Inc,