20190582 Ver 1_More Info Received_20190724

Mitchell, Robert K
From: [e-mail]
Sent: Wednesday, July 24, 2019 3:55 PM
To: Davidson, Landon
Cc: Mitchell, Robert K
Subject: RE: [External] RE: Additional Information NWP 29- Lockhart Residence 85-87 Cardinal
Drive Shoreline
Attachments: TEAE Engineering Report - Lockhart.pdf
W.R=0 g External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov
Mr. Davidson:
Please find the attached certification letter as requested.
Please call or email if you have any questions.
Thank you.
Terry Allen, PE, MSE
T.E. ALLEN ENGINEERING, PC
P.O. Box 103
Rosman, NC 28772
828-877-4883 Office
828-553-3004 Mobile
From: Davidson, Landon [mailto:[e-mail]]
Sent: Friday, July 12, 2019 9:46 AM
To: [e-mail]
Cc: Mitchell, Robert K
Subject: RE: [External] RE: Additional Information NWP 29- Lockhart Residence 85-87 Cardinal Drive Shoreline
Thank you Mr. Allen for providing this follow-up information that includes additional (i.e., new) NC Building Code
references. We are prepared to approve the project following your submittal of a letter that includes these and any
previously cited building code references if they remain applicable to this project. Your letter must also include a clear
statement that all of the aforementioned NC Building Code references are directly applicable to this specific project. The
letter must bear the seal of a North Carolina Professional Engineering. Once we review the response letter, we should be
able to proceed with project approval.
Thank you in advance.
Landon
G. Landon Davidson
Regional Supervisor — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office

828 230 4057 mobile
Landon. [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: [e-mail] <[e-mail]>
Sent: Thursday, July 11, 2019 6:11 PM
To: Davidson, Landon <[e-mail]>
Cc: Mitchell, Robert K <[e-mail]>
Subject: RE: [External] RE: Additional Information NWP 29- Lockhart Residence 85-87 Cardinal Drive Shoreline
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov
Mr. Davidson:
Thank you for your timely reply to my pervious submittal. Please find the attached Sketch C -3e with additional Code
references to support the proposed 265 LF of seawall for the subject project. I have also provided a brief summary the
applicable Code requirements below;
Because the proposed dock, ramp, landings and bulkhead (seawall) does not meet the exception of Section
R327.1 of the 2018 NC Residential Code, the structures shall be constructed in accordance with Chapter 36 of
the NC Building Code. See 2018 NC Residential Code Section R327.1 (page 68 of the Residential Code).
2. From Chapters 10, 11, and 36 of the 2018 NC Building Code; For this site specific design and this unique location,
a bank stabilization zone extending 60 linear feet beyond each end of the dock & ramp structure is necessary to
comply with the following Code requirements;
Code Section 3607.1.2; "No structure shall be terminated without regard for end anchorage and
stabilization".
b. Code Section 3603.3(4); To provide end anchorage stabilization for the ramp, landing and dock it is
necessary to extend the bulkhead (seawall) to resist lateral earth pressure and superimposed live loads
for a minimum horizontal distance of three (3) times height of Bulkhead per Section 3603.3(4). This will
minimum the potential for scour and erosion compromising the Ramp & Dock structure.
c. ANSI A 117.1 and Code Section 1007.1.1. Pursuant to ANSI A 117.1, Code Section 1109.1.1, at least two
means of ingess/egress must be provided for swim areas. Per NC Building Code Section 1007.1.1, egress
points must be separated by a distance of one-half the diagonal of the area. Where two exists, exit
access doorways, exit access stairways or ramps, or any combination thereof, are required from any
portion of the exit access, they shall be placed a distance apart equal to not less than one-half of the
length of the maximum overall diagonal dimension of the area to be served measured in a straight line
between them. Stated another way, for this site, the ADA compliant swim area must have two
ingress/egress locations separated by a minimum distance of one-half the diagonal of the swim

area. Therefore it is necessary to provide an ingress/egress area at each end of the Ramp & Dock
structure.
I would like to point out that NC Residential Code Section R327 - DOCKS, PIERS, BULKHEADS AND WATERWAY
STRUCTURES is a new Code Section that just came into effect in January 2019.
Please call or email if you have any questions.
Thank you.
Terry Allen, PE, MSE
T.E. ALLEN ENGINEERING, PC
P.O. Box 103
Rosman, NC 28772
828-877-4883 Office
828-553-3004 Mobile
From: Davidson, Landon [mai Ito: [e-mail]]
Sent: Thursday, July 11, 2019 11:56 AM
To: teal leneng comporium.net
Cc: Mitchell, Robert K
Subject: RE: [External] RE: Additional Information NWP 29- Lockhart Residence 85-87 Cardinal Drive Shoreline
Mr. Allen,
Thank you for your response. Please provide documentation that the cited building code applies to this specific project.
We contacted Mr. Gupton in an attempt to resolve this issue (i.e., applicability to this specific project) but he did not
recall the exact conversation with you nor the project specifically.
Pursuant to Title 15A NCAC 02H .0502 (c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received within 30 calendar days, of
receipt of this email, the Division will be unable to approve the application and it will be returned. The return of this
project will necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.
You may provide your response via email or mail to the address noted below.
Regards,
Landon
G. Landon Davidson
Regional Supervisor — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. Davidson(a)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: [e-mail] <[e-mail]>
Sent: Tuesday, July 09, 2019 11:38 AM
To: Davidson, Landon <[e-mail]>
Cc: Mitchell, Robert K <[e-mail]>
Subject: [External] RE: Additional Information NWP 29- Lockhart Residence 85-87 Cardinal Drive Shoreline
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment t�
ova
Hello Landon:
The "One -Half Diagonal Rule" is a common spacing rule for egress spacing where two or more exists are required. This
ensures that exist points are not located too close together. To be sure that I was understanding the rule correctly as it
applies to ADA compliant swimming areas, I confirmed this over the telephone with Barry Gupton PE at the NCDOI,
Supervisor Building Code Council; Code Interpretations, 919-647-0004.
This requirement can be found in the 2018 NC Building Code, Section 1007.1.1.
Please call or email if you have any questions.
Thank you.
Terry Allen, PE, MSE
T.E. ALLEN ENGINEERING, PC
P.O. Box 103
Rosman, NC 28772
828-877-4883 Office
828-553-3004 Mobile
From: Davidson, Landon[mailto:landon.davidson(a)ncdenr.gov]
Sent: Monday, July 08, 2019 12:10 PM
To: tealleneng comporium.net
Cc: Mitchell, Robert K
Subject: Additional Information NWP 29- Lockhart Residence 85-87 Cardinal Drive Shoreline
Mr. Allen,
Thank you for the response. In your justification for the swim zone and kayak launch area, you reference the NC
Building Code with regard to egress points (ref.: sheet C -3c, 2.5). Please provide a specific reference for the NC Building
Code in which you are referring. Please also provide interpretation of how the referenced code applies to this request.
Thanks.
Landon
G. Landon Davidson, P.G.
Regional Supervisor — Asheville Regional Office

Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4680 office
828 230 4057 mobile
Landon. DavidsonOncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Subscribe to Collection System & Sewer Permitting Updates
NC DEQ permits handbook
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Virus -free. www.avq.com

T.E. ALLEN ENGINEERING, P.C.
TERRY E. ALLEN, PE, MSE
CONSULTING ENGINEER
Post Office Box 103
Rosman, North Carolina 28772
Phone [phone] Firm # C-1997 Mobile [phone] Email: [e-mail]
July 24, 2018
SUBJECT: 401/404 Permitting for Seawall at Dennis Lockhart Residence, 85 & 87
Cardinal Drive, B M L022 (House Lot) and B M L021 (Vacant Lot) Cardinal Drive, Lake
Toxaway, Transylvania County, North Carolina, PIN: 8513-63-0386-000 (House Lot),
PIN 8513-63-2362-000 (Vacant Lot)
Landon Davidson, P.G.
Regional Supervisor — Asheville Regional Office
Water Quality Section
2090 U.S. Hwy. 70
Swannanoa, NC 28711
828 296 4680 office
828 230 4057 mobile
Dear Mr. Davidson:
This is to certify that the following Code requirements and design criteria are directly
applicable to extent practicable for the subject project.
1. 2018 NC Residential Code Section R327. Because the proposed dock, ramp,
landings and bulkhead (seawall) does not meet the exception of Section R327.1 of
the 2018 NC Residential Code, the structures shall be constructed in accordance
with Chapter 36 of the NC Building Code. See 2018 NC Residential Code
Section R327.1 (page 68 of the Residential Code).

Engineering Design Criteria
Dock, Bulkhead, Ramp & Landing
Dennis Lockhart
Page 2
July 24, 2019
2. 2018 NC Building Code, Chapters 10, 11, and 36. For this site specific design
and this unique location, a bank stabilization zone extending 60 linear feet beyond
each end of the dock & ramp structure is necessary to comply with the following
Code requirements;
a. Code Section 3607.1.2; "No structure shall be terminated without regard
for end anchorage and stabilization".
b. Code Section 3603.3(4); To provide end anchorage stabilization for the
ramp, landing and dock it is necessary to extend the bulkhead (seawall) to
resist lateral earth pressure and superimposed live loads for a minimum
horizontal distance of three (3) times height of Bulkhead per Section
3603.3(4). This will minimize the potential for scour and erosion that
may compromise the Ramp & Dock structure.
c. ANSI A 117.1 and Code Section 1007.1.1; Pursuant to ANSI A 117. 1,
Code Section 1109.1.1, at least two means of ingress must be provided for
swim areas. Per NC Building Code Section 1007.1.1, egress points must
be separated by a distance of one-half the diagonal of the area. Where two
exists, exit access doorways, exit access stairways or ramps, or any
combination thereof, are required from any portion of the exit access, they
shall be placed a distance apart equal to not less than one-half of the length
of the maximum overall diagonal dimension of the area to be served
measured in a straight line between them. Stated another way, for this site,
the ADA compliant swim area must have two ingress/egress locations
separated by a minimum distance of one-half the diagonal of the swim
area. Therefore it is necessary to provide an ingress/egress area at each
end of the Ramp & Dock structure.
3. NCDOI Code Interpretation entitles "Pier and Dock Permit Requirements and
Applying the Section Limitations", dated June 25, 2018.
a. Accessibility requirements in Chapter 11 of the NC Building Code would
apply to any waterway structure shared by more than one property owner.
4. All applicable NCDEQ-DWR 401 Water Quality requirements, USACE 404
requirements, NCDEQ-DLR Trout Buffer rules, and local Lake Toxaway
Community Association rules and requirements.

Engineering Design Criteria Page 11
Dock, Bulkhead, Ramp & Landing July 24, 2019
Dennis Lockhart
As a result of this engineering analysis and design, a number of observations have
been made and recommendations provided. It should be noted that the observations and
recommendations stated herein are based on information available as of this writing. It is
conceivable that additional information may be forthcoming which bears on these
observations, recommendations, and opinions. The right is reserved, therefore, to review
and modify all engineering documents, permit applications, recommendations, opinions,
and conclusions at any future point in time should, in fact, additional information become
available. By accepting this engineering document, the Owner, Contractor and any
others to whom it is distributed, agree to a strict limitation of liability for Terry E. Allen
PE, T.E. ALLEN ENGINEERING, P.C., and its employees to an amount not to exceed
$25,000.00 or one-half the total amount of paid invoices, whichever is less.
All work shall be in accordance with the latest editions of the North Carolina
Residential Code, NC Building Code, 401 / 404 Water Quality requirements, Trout
Buffer Rules, local POA requirements, OSHA Safety and Health requirements, and all
other applicable codes, ordinances, and requirements. This document should not be
relied upon for bidding. If you have any questions, please do not hesitate to contact me.
Sincerely,
Terry E. Allen, PE, MSE
Consulting Engineer