20220710 Ver 1_22-0710 Hagerty-114 Big Horn Dr_TPBR_Franklin_MM_Exception_20220816

August 16, 2022

DWR # 20220710
Franklin County

Kevin Hagerty and Laura D’Alessandro
699 Lake Royale
Louisburg, NC 27549
(Delivered via email to [e-mail])

Subject: APPROVAL OF TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER IMPACTS
WITH EXCEPTION (MINOR VARIANCE) WITH ADDITIONAL CONDITIONS
114 Big Horn Drive, Louisburg

Dear Kevin Hagerty and Laura D’Alessandro:

You have our approval for the impacts listed below for the purpose described in your application dated
May 23, 2022, and received by the Division of Water Resources (Division) May 23, 2021, with additional
information received on the following dates: June 2, 2022; July 20, 2022; July 21, 2022; and July 29,
2022. These impacts are covered by the Tar-Pamlico River Buffer Rules and the conditions listed below.
This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but not
limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and/or Stormwater
regulations.

The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Tar-Pamlico River Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B Tar-Pamlico .0611(b)(2)]

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers – Zone 1
B1: Pool 0 (square feet) 0 (square feet)
Buffers – Zone 2
B2: Pool 90 (square feet) 0 (square feet)

Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the approved Bank Sponsor(s) Mogensen Mitigation, Inc., for the use
of the following mitigation bank(s): Tar River Headwaters Riparian Buffer and Nutrient Offset Mitigation
Bank located in HUC 03020101. Until the Bank Sponsor(s) receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Authorization Certificate authorizes payment to the Bank Sponsor to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
DocuSign Envelope ID: 582EAF82-9FA1-4769-B7DF-BC6873563F8B
Hagerty – 114 Big Horn Dr, Lousiburg
DWR# 20220710
Buffer Exemption Certificate
Page 2 of 3

Compensatory
Mitigation Required
Bank Sponsor River & Sub-basin
Number
Buffer-Zone 1 0 (square feet) Mogensen Mitigation,
Inc.
Tar-Pamlico: 03020101-
Upper Tar-Pamlico
Buffer-Zone 2 135 (square feet) Mogensen Mitigation,
Inc.
Tar-Pamlico: 03020101-
Upper Tar-Pamlico
Total: 135 (square feet)

Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state’s antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0734]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina
Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a
Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North
Carolina Administrative Code. Additional information regarding requirements for filing a Petition and
Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919)
431-3000.
A party filing a Petition must serve a copy of the Petition on:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
DocuSign Envelope ID: 582EAF82-9FA1-4769-B7DF-BC6873563F8B
Hagerty – 114 Big Horn Dr, Lousiburg
DWR# 20220710
Buffer Exemption Certificate
Page 3 of 3

This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does
it create any prescriptive right or any right of priority regarding any usage of water. This Authorization
Certificate shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Tar-Pamlico River Riparian Buffer Rules as
described in 15A NCAC 02B .0734. Please contact Colleen Cohn at 919-791-4258 or
[e-mail] if you have any questions or concerns.

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

cc: DWR 401 & Buffer Permitting via Laserfiche
DocuSign Envelope ID: 582EAF82-9FA1-4769-B7DF-BC6873563F8B