20181463 Ver 1_Add Info Received_20181102

Mitchell, Robert K
From: [e-mail]
Sent: Friday, November 2, 2018 12:28 PM
To: Mitchell, Robert K; Aiken, Stan E
Cc: 'Brown, David W CIV USARMY CESAW (US)'; Leslie, Andrea J; Price, Zan (George)
Subject: RE: [External] RE: Request For Additional Information Holcomb - 338 Cardinal Drive -
Lake Toxaway - Transylvania - Trout
Attachments: C3b.pdf, C4 -- 09-24-2018.pdf
ViExternal email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Hello Stan and Kevin:
I do not agree that the construction of a 235 linear foot seawall is a trout buffer disturbance... Here is why....
1. 15A NCAC 04B .0125(b) states that "The 25 foot minimum width for an undisturbed buffer zone adjacent to
designated trout waters shall be measured horizontally from the top of the bank."
2. The Seawall will be construction along the shoreline on the Lake side of the top -of -bank, not within the trout
buffer, but on the Lake side of the trout buffer.
3. Because this is a boulder wall, some trout buffer disturbance will be required to install the geogrid tiebacks
where the wall height exceeds 4 -Ft. See Attached Sheet C-4.
4. For the portion of the wall that is less than 4 -ft wall, no geogrid tiebacks are required and therefore there is no
trout buffer disturbance measured horizontally from the top of the bank.
5. Engineering is required for the portions of the seawall (retaining wall) where the height exceeds 4 -Ft and when
the seawall (retaining wall) crosses a property line. See Section 404.4 of the 2018 NC Residential Building Code.
6. The Detail shown on Sheet C-4 only applies when engineering is required, in this case when the wall height
exceeds 4 -Ft. When the seawall height is less than 4 -Ft, then the seawall is a gravity wall design with no geogrid
tiebacks and therefore no trout buffer disturbance.
Bottom line is that where a boulder wall is less than 4 -Ft in height, geogrid tiebacks are not usually required and
therefore no need for a trout buffer disturbance. Because the seawall (retaining wall) is built below top -of -bank (or on
the Lake Side of top -of -bank), a gravity seawall with no tiebacks is not built within the trout buffer as defined by 15A
NCAC 04B .0125(b). This is the way the trout buffer rules have always been interrupted.
I have attached a copy of the most current site plan (Sheet C3b) for your ready reference. You may note that the actual
seawall length is less than 235 LF, but we want to leave the PCN at 235 LF in case the Owner can't get the required
easement (in which case we will move the seawall to exactly align with the property line). More to come on this..
The attached Sheet C3b replaces Sheet C3 that was included with the PCN Form.
Please let me know your thoughts.
Thank you for your consideration.
Terry Allen, PE, MSE
T.E. ALLEN ENGNIEERING, PC
P.O. Box 103

Rosman, NC 28772
828-553-3004 Mobile
828-877-4883 Office
From: Mitchell, Robert K [mailto:[e-mail]]
Sent: Friday, November 02, 2018 9:40 AM
To: [e-mail]
Cc: 'Brown, David W CIV USARMY CESAW (US)'; Leslie, Andrea J; Aiken, Stan E; Price, Zan (George)
Subject: RE: [External] RE: Request For Additional Information Holcomb - 338 Cardinal Drive - Lake Toxaway -
Transylvania - Trout
Terry,
Thank you for the clarification. My understanding is the construction of a 235 linear foot seawall in the trout buffer
would exceed the 100 feet of disturbance per 1,000 feet of frontage. The Division of Energy, Mineral and Land
Resources administers this rule. Please contact Stan Aiken at 828-296-4500 to confirm this and determine if a variance
is required.
http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quaIity/chapter%2004%20-
%20sedimentation%20control/subchapter%20b/15a%20ncac%2004b%20.0125.odf
Kevin Mitchell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
=-Nothtng Compares
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, November 01, 2018 3:58 PM
To: Mitchell, Robert K <[e-mail]>

Cc: 'Brown, David W CIV USARMY CESAW (US)' <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Aiken, Stan E <[e-mail]>; Price, Zan (George) <[e-mail]>
Subject: [External] RE: Request For Additional Information Holcomb - 338 Cardinal Drive - Lake Toxaway - Transylvania -
Trout
. .. • .External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Kevin
Thank you for your timely reply. I have a question on your item #3...
I do concur that the lake frontage is about 330 LF. However, there is an unnamed tributary that meanders lengthwise
through the parcels that is about 2000 LF (+/-). Therefore the total frontage (lake frontage plus stream frontage) is
about 2,300 LF (+/-). Typically, a disturbance is allowable for 10 percent of the total frontage, not to exceed 100 Ft -of -
Disturbance / 1000 Ft -of -Frontage. Please let me know if you concur.
Thanks
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: Mitchell, Robert K[mailto:[e-mail]]
Sent: Thursday, November 01, 2018 3:07 PM
To: T e allen Engineering
Cc: Brown, David W CIV USARMY CESAW (US); Leslie, Andrea J; Aiken, Stan E; Price, Zan (George)
Subject: Request For Additional Information Holcomb - 338 Cardinal Drive - Lake Toxaway - Transylvania - Trout
Te r ry,
On October 26, 2018, the Division of Water Resources (Division) received your application dated September 30, 2018,
requesting a 401 Water Quality Certification from the Division for the subject property. The Division has determined
that your application is incomplete and cannot be processed. The application is on -hold until the following information
is received:
Sheet C-2 indicates that the proposed fill will encroach onto Lake Toxaway Community Association, Inc. (LTCA's)
property. In accordance with Title 15A NCAC 02H .0502 (f), please provide documentation from the LTCA that
you have authorization to place fill on LTCA property. [15A NCAC 02H .0502 (f)].
2. The purpose of the proposed project is to provide shoreline stabilization covered under Nationwide Permit
Number 13. Please provide photos showing active erosion greater than 3 feet or schedule a site meeting with
me to review the proposed project. [15A NCAC 02H .0502(c)]
The project indicates there will be disturbance within the trout buffer; however, it is not expected to exceed 10
percent of the stream and lake frontage. The proposed length of the seawall is 235 linear feet. According to the
Transylvania County GIS map, the total length of shoreline on both parcels combined is 330 linear feet. Please

provide more information on how the work can be accomplished without exceeding the 10 percent
disturbance. Please contact Stan Aiken with the Division of Energy, Mineral and Land Resources to determine if
a trout buffer variance is required. I have copied him on this email. He can also be reached at 828-296-4500.
4. In addition, please indicate how many trees greater than 3" DBH will be removed and details of how the trout
buffer will be restored. [15A NCAC 02B .0211(18)]
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.
Should you have any questions regarding these matters, please contact Kevin Mitchell at [phone] or
[e-mail].
Kevin Mitchell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
N,- . Z-, `- - Nathtng Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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