HomeMy WebLinkAboutEHPR-06-2016-24017.TIF A • THIS IS NOTA PERMIT Case # EI-IPR-06-2016-24017
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,4 PLAN REVIEW APPLICATION FOR ENVIRONMENTAL SERVICES • } •• ti•
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Applicant RSH PROPERTIES FAMILY LTD PARTNERSHIP (RICHARD HARWELL), 1381 GRANDS OAKS }
HICKORY NC 28602-8800
H:8283244455 HOME:8283244455
NAME TO APPEAR ON PERMIT
RSH Properties Family LTD Partnership (Richard Harwell)
SITE ADDRESS: 4166 CLEAR SPRING DR, CLAREMON'I'NC 28610 PIN # 376304941589
NAME of SUBDIVISION: Crossing Creek Lot# 44 Section/Block
PROPERTY SIZE: Square Feet 22,215.60Acres .510
DIRECTIONS: Bunker Hill School Rd, left on Deal Rd, 1 mile right on Crossing Creek, left on Clear Spring, 3rd lot on right
PRIMARY CONTACT: ant SEWER TYPE: Septic Tank
GALLONS PER DA • •'rWATER SUPPLY: Private Well
DESCRIBE WOR :-vised 7/20/16 - Chan.ed house to 2 BdRms
IP only to determine possible location of new home
SITE INFORMATION
Do any of the following apply to the property for which this application is applied?
If the answer to any of the questions below is"YES", then supporting documentation is required:
Does this site contain any jurisdictional wetlands? No
Does this site contain any existing wastewater systems? Yes
Is any of the wastewater going to be generated on the site other than domestic sewage? No
Is the site subject to approval by any other public agency? No
Are there any easements or right-of-ways on this property? No
APPLICATION FOR: New Structure
STRUCTURE TYPE: PRIMARY RESIDENCE
FACILITY TYPE: Mobile Home OTHER DESCRIPTION:
DESCRIPTION OF
EXISTING STRUCTURES
ON SITE(IF ANY)
DIM EXISTING STRUCTURE:
NUMBER OF EXISTING BEDROOMS: #OF OCCUPANTS: 3
PROPOSED CONSTRUCTION
W STRUCTURE DIM:: 14 x76 with 6x8 front and steps in rear
#OF NEW BEDR•OMS:: 2
BASE1 . `o BASEMENT FIXTURES? No PLUMBING REQUIRED?Yes
Desired system types (Improvement Permit or Authorization to Construct):
ACCEPTED: ALTERNATIVE: CONVENTIONAL:
OTHER: INNOVATIVE: ANY:
Other described:
119-ehapplicatinn 07/20/2016 08:07 Page I of4
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aA CATAWBA COUNTY Case# EHPR-06-2016-24017
,Q' 7r Public Health Department Subdivision Crossing Creek
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6 : ��„'��) Environmental Health Division PIN# 376304941589
�- ' PO Box 389, 100-A Southwest Blvd.Newton. NC 28658
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NAME ON PERMIT: RSH PROPERTIES FAMILY LTD PARTNERSHIP ( RICHARD HARWELL), 1381 GRANDS OAKS LN, HICI
NC 28602-8800
RSH Properties Family LTD Partnership ( Richard Harwell)
Site Address: 4166 CLEAR SPRING DR, CLAREMONT NC 28610
Property Size: Square Feet 22,215.60 Acres .510
Directions: Bunker Hill School Rd, left on Deal Rd, 1 mile right on Crossing Creek, left on Clear Spring, 3rd lot on right
Improvement Permits issued as a result of this information are valid for 5 years or may be non-expiring under certain specified conditions.An
Authorization to Construct issued by this department is valid for(5)five years from the date issued and is not transferable; Improvement Permits and Well
Permits are transferrable. Permits may be revoked if the information on this application, site plans or intended use changes for the proposed facility.
I have read this application and certify that the information provided herein is true, complete and correct. Authorized county and state officials are granted
right of entry to conduct necessary inspections to determine compliance with applicable laws and rules. I understand that I am solely responsible for the
proper identification a d labelin of all property lines and corners and making the site accesSible,so that a complete site evaluation can be performed.
Date: 7�.�0��� Signature of Applicant or Agent ( � �, >'rCfil
An Environmental Health Specialist will contact you within 5 working days of application date.
If you need further information or assistance please call 828-466-7291
AREA2
SYSTEM REDESIGN AND/OR RETRIP WILL INCUR AN ADDITIONAL CHARGE
(SEE FEE SCHEDULE)
P9-ehapplication 07/20/2016 08:07 Page 2 of,1
Catawba County Environmental Health
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This map/report product was prepared from the Catawba County, NC Geospatial Information Services. Catawba County has made substantial efforts
to ensure the accuracy of location and labeling information contained on this map or data on this report.Catawba County promotes and recommends
the independent verification of any data contained on this map/report product by the user.The County of Catawba,its employees,agents,and
personnel,disclaim,and shall not be held liable for any and all damages,loss or liability,whether direct,indirect or consequential which arises or may
arise from this map/report product or the use thereof by any person or entity.
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Synopsis of Septic System Permitting History for Richard Harwell Property
4166 Clear Spring Dr. — Claremont
On December 7, 2015, Catawba County Environmental Health (EH) received an application for
services to evaluate a property for a septic system improvement permit to replace a mobile
home at 4166 Clear Spring Drive, Claremont, NC. The application was submitted by Gloria
Pearson, who was planning to purchase the lot from Mr. Richard Harwell (property owner) to
locate a new three bedroom home on the property.
The original evaluation visits were performed by Megen McBride, REHS on December 16th and
31sY, 2015. During these visits Megen identified several problems associated with the existing
septic system permit concerning the location of the system with respect to the required
setbacks and the availability of a suitable repair area. Additionally, she also noted that the
property corners were not marked properly, as required.
As a matter of course, Mike Cash, EH Supervisor accompanied Ms. Mc Bride to the property for
an informal review of her findings on January 4 and January 6, 2016. Mr. Cash and Ms. McBride
concurred on the original findings and subsequently called upon our state Regional Soil
Specialist (RSS) for assistance. Mr. Alan McKinney, RSS, visited the property on January 11,
2016 to review of the items of concern, and concluded that the existing septic system permit
for this site needed to be revoked for the following reasons:
• A significant portion of the nitrification lines are encroaching on the required 50'
setback from a creek.
• Based on original home location and other setback requirements, insufficient space
remains to install the required amount of system nitrification lines to facilitate a
three-bedroom residence as originally permitted.
• Based on original home location and other setback requirements, insufficient space
remains to designate a suitable repair area.
Subsequent to this finding, we provided consultation and recommendations by way of several
additional site visits and extensive site work to identify a remedy for the issues of concern with
the goal of trying to determine setback boundaries and identify a potential septic system and
home location. An additional four subsequent visits (nine total site visits) by the EH Supervisor
and others were performed on the property consisting of site consultations, soil evaluations,
specific measurements, and verifying survey markers, etc. Several meetings were convened
with senior management and others during this process to discuss issues and options and to
facilitate appropriate communications with Mr. Harwell.
The following options were offered to Mr. Harwell for consideration of his decision to seek a
valid septic system permit for the property:
• Propose a different home location to allow more space for the septic system and repair
area
• Obtain additional space from a nearby property for a septic system easement
• Reduce the required creek setbacks to 30' by adding pretreatment
• Reducing the number of bedrooms in the home from three to two
• File a formal appeal of the permit revocation
All of this information was conveyed to Mr. Harwell on a number of occasions, including the
need to apply for a new permit and to have all property lines and setbacks surveyed/marked (as
required) before the county can examine any of the options that have been offered.
Mr. Harwell had a property and setback survey performed on April 4, 2016, and applied for a
new septic system permit on June 3rd.To date he has, after all of the discussions, etc., refused
to indicate a house site location different from the original site, which we know will not work,
or to apply for less bedrooms, as advised. On the same day, he also applied for another septic
system permit located at 4158 High View Ct. (another property about which he has raised
questions).
Megen McBride has been assigned to these cases to evaluate the lots for septic systems based
on the applications and site plans received and supplied by Mr. Harwell, and assistance will be
provided by the EH Supervisor as needed.
Current Rules and "Grandfathering"
The term "grandfathered" is frequently used to imply that past regulatory requirements should
be applied in current settings where a more restrictive code may otherwise apply due to pre-
established conditions. There are a number of reasons why this term is not relevant in to Mr.
Harwell's specific objections; however, the most compelling are the actual regulatory
requirements themselves, which remain virtually unchanged since the issuance of the original
permits.
While various iterations of the .1900 Laws and Rules have been available since 1982, they have
generally changed only in the form of minor amendments, clarifications, and additions due to
emerging technologies. The specifically defined processes of evaluating sites, designing,
permitting, inspecting, and approving septic systems has not measurably changed since these
specific lots were originally permitted. [Reference: .1900 Rules effective July 1 1982; July 1995
Amendments; current rules (15A NCAC 18A .1900), and various other amendments]
Nonetheless, the specific application of past regulations has indeed been varied. For example,
while the general setback requirements have remained as written in the 1982 rules, the setback
requirements in the referenced cases were not correctly applied in accordance with the
applicable standards at the time. Thusly, our recent efforts to correct such items do not, in
reality, seem to constitute an "overreach", or an effort to "add on requirements", but more, an
attempt to remediate past problems that could be passed on to future property owners, as has
been demonstrated.
Specifics Concerning Lot 44—4166 Clear Spring Dr.
Mr. Harwell has made the following claim:
"Lot 44, Clear Spring Drive, Claremont, NC 28610, is currently in jeopardy. A survey has
been mandated to determine the lots habitability. This lot has had several mobile homes
on it in the past and was moved off for various reasons. Now the health department....is
saying the lot cannot be permitted unless additional land can be obtained. The lot was sold
for$25,000.00 and the buyer was refused a permit resulting in the buyer backing out a lost
sale for the owner."
Facts:
• A survey was required to help determine the actual creek setbacks (required 50') from
the existing septic system, as well as any additional or replacement lines necessary to
meet the setbacks.
Response to Richard Harwell Complaints Regarding Mobile Home Lots in
Crossing Creek Subdivision
Background
Based on the information provided on 5/10/16, Mr. Harwell has made a number of complaints
and allegations about the handling of permitting activities in Crossing Creek Subdivision,
referring to these activities as "overreach". After a thorough review of historical documents
and related events from recent months, it appears that Mr. Harwell has presented information
some of which is incomplete or factually incorrect.
Mr. Harwell uses the term "grandfathered" to describe lots that were "approved" by Catawba
County in the referenced subdivision as part of his original subdivision approval process in
1988. At the time lots were "approved", Catawba County routinely conducted "preliminary"
evaluations of subdivisions to facilitate the subdivision approval/recording process only. This
consisted of incomplete soil/site evaluations that were not intended for the purpose of
permitting individual building lots. A quote from the preliminary approval letter to Mr. Ronald
Milburn, Zoning Administrator, dated January 19, 1988, reads as follows:
"This statement can only be considered as a preliminary opinion, due to the above
referenced property not having identifiable lot boundaries or individual lot and soil
evaluations, conducted to determine the suitability for use of subsurface sewage
treatment and disposal systems."
This statement makes clear that the subdivision approval from 1988 makes no reference to the
suitability or approval of any specific lots. The same letter goes on to say:
"This walk through does not give or should not imply that each and every lot in the
proposed subdivision can be considered approved for subsurface sewage disposal and
treatment."
Based on these statements, issued contemporaneously at the time of the subdivision approval,
it is clear that septic system permits/approvals were not issued until sometime later. In fact,
Lots 44 and 15, to which Mr. Harwell makes specific reference, received their original septic
system permits in 1995 and 1998, respectively. As a side note, preliminary evaluations were
discontinued in 2005.
•
o The same setbacks were in existence when the lot was permitted in 1995, but
appear to have been mismarked or disregarded at the time.
o Since the property lines were not properly located at the time of evaluation,
surveying is necessary to determine property boundaries, which has always been
required for a site evaluation.
o Mr. Harwell had the option to abandon this project, but chose to do the survey
in order to proceed with a permit, but has not submitted an application, which
he said he was going to do, as witnessed by Doug Urland, Megen McBride, and
me on 3/30/16.
• No requirement to obtain additional land has been inferred or expressed, but suggested
as one of many options to resolve obvious space issues.
o The current lot conditions leave very few options, as the existing system
encroaches on the creek setback and little area remains to designate a suitable
repair area (Rules .1950 and .1945).
• Due to the nature and extent of the problems associated with the current setbacks and
site conditions, the assigned Regional Soil Specialist (NCDPH, OSWP Branch), supported
our findings that the existing permit must be revoked (Rule .1937) and a new permit
obtained prior to locating another home on this lot (site review by Alan McKinney,
1/11/16). The letter of intent to revoke the permit was sent via certified mail on May 18,
2016.
Specifics Concerning Lot 15—3804 Crossing Creek Dr.
Mr. Harwell has made this additional claim:
"Lot 15, 3804 Crossing Creek Drive, Claremont, NC 28610, was sold March 7, 2011. The
health department required a new survey and additional land to be taken from lot 14 to
meet this new septic tank future repair square footage requirement. The concern now is
whether Lot 14 will be permitable since a portion of said lot was reallocated to Lot 15."
Facts:
• In actuality, a survey and a recorded easement was required to encompass the existing
septic system on lot 14 that was found to be crossing the existing property line between
lots 14 and 15.
o Again, property line setbacks and repair area requirements have existed in our
rules since 1982.
i
o It appears from our records that lot lines and a former home location were
changed subsequent to permit issuance, and the system on lot 14 was allowed to
be installed crossing established property lines in 1998.
o The existing lot lines and property boundaries were never changed and the
easement that was created actually added to the available space on lot 14 while
reducing the usable space on lot 15.
• The permit for lot 14 could have also been revoked, based on a clear violation of the
setback requirements and an improper installation; however, we were able to work with
the applicant to resolve some very difficult issues.
• The effort to correct these issues required part of the septic system on lot 15 to be
abandoned and relocated. The addition of the easement was designed to correct
setback problems and protect the future property owners. It was indeed fortunate that
we were able to rectify these outstanding issues, which can be attributed to an astute
and vigilant field specialist, Megen McBride.
In both of the referenced cases, a few items appear to stand out.
• Mr. Harwell was not an applicant in either project, but a "seller" in each case.
• Field staff in each case went above and beyond to assist the applicants as much as
possible to rectify situations that emanated from observed, past errors, not new
requirements, as suggested.
• To say that the lots in question had "septic systems installed that met all the existing
regulations"is incorrect based on the historical information and the completed fieldwork.
Respectfully submitted,
Mike Cash
c . vi., " x��. Catawba County Public Health� � � •1 �. t www.catawbacountync.gov/environmentalhealth
C OUN Y ,,,,. 1=; x Environmental Health
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s'llr to.40072 P.O. Box 389, 100-A South West Blvd., Newton, NC 28658
North C oroi�., Phone (828) 465-8270. Fax (828) 465-8276
May 23, 2016
Mr. Richard Harwell
RSH Properties Family Limited Partnership
1381 Grand Oaks Lane
Hickory, NC 28602
Subject: Notice of Intent to REVOKE the Improvement Permit, Authorization to
Construct, and Operation Permit for 4166 Clear Spring Dr., Claremont, NC;
PIN 376304941589; Catawba County Permit#8690
Dear Mr. I-Iarwell:
In response to an application for an Improvement Permit dated December 7, 2015, the
Environmental Health Division of Catawba County Public Health inspected the site for the on-
site wastewater system located at 4166 Clear Springs Drive, Claremont, NC for compliance
with the Laws (Article 11 of Chapter 130A of the North Carolina General Statutes), Rules (15A
NCAC 18A .1900 et seq.), and the existing permit conditions as referenced for the Improvement
Permit, Authorization to Construct, and Operations Permit, #8690. As a result of this inspection,
the Division has determined the following violations:
• A significant portion of the nitrification lines are encroaching on the required 50'
setback from a-creek. ] GS 130A -335; 15A NCAC 18A .1950(a)]
• Based on original home location and other setback requirements, insufficient space
remains to install the required amount of system nitrification lines to facilitate a
three-bedroom residence as originally permitted. ]GS 130A -335; 15A NCAC I8A
.1945(a)]
• Based on original homelocation and other setback requirements, insufficient space
remains to designate a suitable repair area. ]GS 130A -335; 15A NCAC 18A
.1945(b)]
This is to notify you that based on these violations; the Department intends to revoke your
Improvement Permit, Authorization to Construct, and Operations Permit 30 days from the date
of this'notice.
If the health department determines that all of the violations have been corrected before thirty
(30) days expire, the revocation will not go into effect. If the permit is revoked, you must apply
for a new Improvement Permit and Authorization to Construct (1P/AC) and meet the
requirements of the current laws and rules necessary to obtain a new IP/AC.
"Leading the Way to a Healthier Community"
zPub9ac .k
°�9ea0th ,< �,,
1
You have a right to an informal review of this decision. You may request an informal review by
the environmental health supervisor at the local health department. You may also request an
informal review by the NC Department of Health and Human Services Regional Soil Scientist. A
request for informal review must be made in writing to the local health department.
You also have a right to a formal appeal of this decision. To pursue a formal appeal, you must
file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714. You may write the Office of Administrative Hearings,
call the office at(919) 431-3000 or get a copy of the petition form from the OAH web site at
http://www.ncoah.com/forms.html . The petition for a contested case hearing must be filed in
accordance with the provision of North Carolina General Statutes 130A-24 and 150B-23 and all
other applicable provisions of Chapter 150B. North Carolina General Statute 130A-335 (g)
provides that your hearing would be held in the county where your property is located.
If you wish to pursue a formal appeal, you must file the petition form with the Office of
Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date
of this letter is May 23, 2016. Meeting the 30 day deadline is critical to your formal appeal.
If you file a petition for a contested case hearing with the Office of Administrative Hearings, you
are required by law (NC General Statute 150B-23) to serve a copy of your petition on the Office
of General Counsel, NC Department of Health and Human Services, 2001 Mail Service Center,
Raleigh, NC 27699-2001.
Res ecfull �.
/z4,-,,,s
Michael E. Cash, MPA, REHS
Environmental Health Supervisor
Catawba County Public Health
cc: Doug Orland, Catawba County Health Director
"Leading the Way to a Healthier Community"
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Septic System Permit Evaluation for Richard Harwell Property
4166 Clear Spring Dr. — Claremont
On June 14, 2016, Megen McBride, EHS and Mike Cash, EH Supervisor, performed the site
evaluation as requested in the application for an Improvement Permit (EHPR-06-2016-24017)
submitted by Richard Harwell on June 8, 2016. Even though an Intent to Revoke has been
issued for the original permit for a 3BR septic system, Mr. Harwell's application was nearly
identical to the original permit. Mr. Harwell was advised prior to his application and
subsequently that he would likely have to modify his application to a 2BR and move the home
location, which he has thus far seemed favorable to doing.
The evaluation performed consisted primarily of taking precise measurements and comparing
these with marked setbacks and system components in the field. No soils work was necessary
since this had been documented from earlier visits. The findings from our evaluation are as
follows:
• Approximately 75' of the original nitrification lines are encroaching on the required
50' setback from a creek and will need to be abandoned in order to facilitate a 3BR
system.
• The 75' of abandoned line and requirements of a new permit based on soil and site
conditions would need to be replaced outside of the 50' creek setback.
• Based on the proposed home location and other setback requirements, insufficient
space remains to replace the amount of septic system drainlines necessary to
facilitate a 3BR septic system and to designate a suitable repair area.
Based on the information obtained during our visit, a permit that will suffice for a 2BR septic
system and repair area, providing the home can be relocated, remains a viable option. Such a
system will also require that the existing line encroaching on the 50' setback be abandoned,
however, by reducing the number of bedrooms in the home to two will not require the addition
of any new drainlines. The following items will need to be addressed in order to issue such a
permit:
• Mr. Harwell will need to propose a different home location below the 50' creek
setback to allow sufficient space for the septic system and repair area.
• Mr. Harwell will need to indicate this location on his site plan and stake the house site
on the property.
• Mr. Harwell will need to revise and sign his application indicating his approval for a
2BR septic permit.
• The new permit will require that a sewage injector or "grinder pump" be installed
according to existing plumbing code, in order to deliver sewage from the home to the
tank(s) and an additional septic settling tank to be installed prior to the septic tank to
receive the ground sewage effluent from the home.
These items have not been communicated to Mr. Harwell to date, pending review of this
documentation. Upon Mr. Harwell's completion of the necessary items indicated and review of
the same, we will proceed to issue the permit. If Mr. Harwell does not agree to make the
necessary modifications to his application, etc., a letter of denial will be issued for his
application.
Respectfully,
Michael E. Cash, EH Supervisor
ReAhSc,
For several years now been applying future septic system repair footage increases to existing lots that
were approved by the county in the past. Many of these grandfathered lots have even had homes on
them before.
The lots in question are grandfathered by prior county approval and I feel that it is procedurally
incorrect and perhaps illegal to have the health department revisit these existing lots and add on
requirements that in many cases render the lot either worthless or severely limited in their value.
In Landvestco Inc.'s situation, the last two lots sold have been impacted financially by this overreach.
1. Lot 44, Clear Spring Drive, Claremont, NC 28610, is currently in jeopardy. A survey has been
mandated to determine the lots habitability. This lot has had several mobile homes on it in the
past and was moved off for various reasons. Now the health department....is saying the lot cannot
be permitted unless additional land can be obtained. The lot was sold for $25,000.00 and the
buyer was refused a permit resulting in the buyer backing out a lost sale for the owner.
2. Lot 15, 3804 Crossing Creek Drive, Claremont, NC 28610, was sold March 7, 2011. The health
department required a new survey and additional land to be taken from lot 14 to meet this new
septic tank future repair square footage requirement. The concern now is whether Lot 14 will be
permitable since a portion of said lot was reallocated to Lot 15.
This subdivision was evaluated and approved June 10, 1988. Both lots were previously inspected and
approved septic systems installed that met all the existing regulations.
seL°:419
NE ! 8690
***Op. Permit and/or Cert. Op. Required (Must be completed prior to final)
CATAWBA COUNTY HEALTH DEPARTMENT
Lot 41v \7Q ® (704) 465-8270 -
0/ m e. Permit Rep airPermit Cert. of Com p Permit O p er. Permit
Owner/Agent ( • . A' I i " —110/3/40 h. Phone ,.. - A. 0
Address 47112 I•_� .sl I f Subdivision t..A!_ .� ran
/47.1 Section/Bloc /Phas- Lot#
Lot Size Directions: pinoiraro , .taL as.%1t.' '6-- ps-, r•L A
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, Paoli ty: ouse Mobile ome " ' Business . Other: Tax Map # Q _ •� 1—
Multi-family Other - . Zoning Approval # tZ ' 6 7 . •
Bedrooms Seats Employees . Application Rate ♦4' GPD Flow 36.0
Hot Tub or Spa yes/no Special Fixtures �0 . 100% Repair Area yes/no REPAIR NOTICE:
Basement yes, Basement Plumbing yes/ . REPAIRS MUST BE WITHIN 30 DAYS OR
Water Supply: Private /`Public . DAYS FROM DATE OF PERMIT.
Type of System: Trench V Bed /,t Pump ��-��,., BAAAA Pump/Panel Panel LPP Other
Tank Size: Septic Tank /UQU/al Tank
Nitrification Field: Total Square Feet 5e20 Depth of Stone AS /t Bed Size
7 /i
Trench Width 040-, / ii Total Length of All Trenches J� Number of Trenches 7•
/ / i , , n
Individual Trench Length50 /50 //OO/ 400/_ Fe-t on Center 5 Maximum Trench Depth36
.
Distance of Nearest Well -SO Lot Evaluati. : Approved a.o (Void After,24 months)
/ l 1
Topo % Slope ySkentch off lot Evaluation Sit. - Systt (Design - Final }9
'.x+—' Texture.. ��•. .-.. Do hot • low , . . 1 n0 -NOT... __o._ s
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Soil Wetness V SJ ('"1 /�I II Of
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Available space yes/no Q f Re igy S
Overall Class S PS U f
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Comments: / J1 0`-
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Septic Tank Co ctors - ~P1 4p" �11,.Ae' ,
MUST contact the 1 ( f 1 A'€4'k9
Sanitarian BEFORE 9
changing permit. 1 alai r Sprl^ •11ttto, /30
**NO GUARANTEE OR WARRANTY IISS IMPLIED OR GIVEN THROUGH/HE ISSUANCE OF THIS PERMIT**
Permit Date c' •- 0 / - 9-J (ImI ovemio Permit void•a ter 60 months)
Owner/Agent • /, ,
�..�� Sanit rian .rs • •LU �.,� /tiS,
Installed By V i1rti'W�/ . .tsW,J� Date — .5 Sanitar' - -'/�r.
(Note any changes/information in red or by sketch on back) v
IF A PERMIT HAS TO BE REDESIGNED AND/OR RETRIPS MADE TO THE PROPERTY�ERE IS AN
ADDITIONAL $25 CHARGE.
White-Office Blue-Building Inspection Completion Yellow-Owner/Agent Green-Building Inspection IP
Catawba County Environmental Health
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to ensure the accuracy of location and labeling information contained on this map or data on this report.Catawba ounty promotes and recommends
the independent verification of any data contained on this map/report product by the user.The County of Catawba,its employees,agents,and
personnel,disclaim,and shall not be held liable for any and all damages,loss or liability,whether direct,indirect or consequential which arises or may
arise from this map/report product or the use thereof by any person or entity.
Copyright 2014 Catawba County NC
01/07/2016
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Mike Cash
From: Mckinney, Alan H [alan.mckinney @dhhs.nc.gov]
Sent: Monday, January 25, 2016 1:09 PM
To: Mike Cash; Megen McBride
Subject: 4166 Clear Springs Road visit
Mike & Megen,
I just wanted to give you a brief follow-up on our 1/11/16 site visit to 4166 Clear Springs road. With your help we were
able to confirm and expand on the accuracy of the site plan that you provided me. We were able to locate parts of all of
the existing trenches. Each trench was too deep to probe at points but probing did confirm that and at least two of the
four encroach on the 50' setback from the stream. This along with the lack of required repair area warrant an Intent to
Revoke being issued.
In order to further evaluate the site for possible solutions a survey of the property needs to be completed.
Let me know if you need further assistance.
Alan McKinney
Regional Soil Scientist
Division of Public Health,Onsite Water Protection Branch
N.C. Department of Health and Human Services
828-764-5076 mobile
alan.mckinney(a�dhhs.no.gov
PO Box 1972
Boone,NC 28607
http,Uehs,ncpublichealth.comloswpi
.k
k
ilt t -:7--"Nothing Compares -_,
Na'
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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Unauthorized disclosure of juvenile,health,legally privileged,or otherwise confidential information, including confidential information relating to an ongoing State
procurement effort,is prohibited by law. If you have received this e-mail in error,please notify the sender immediately and delete all records of this e-mail.
1
•
AZ. - •� THIS IS NOT A PERMIT Case # RBPR-12-2015-22852
fi��� CATAWBA COUNTY HEALTH DEPARTMENT p;;*
PLAN REVIEW APPLICATION FOR ENVIRONMENTAL SERVICES r,':.�
1842 5,, Residential Building Plan Review - Manufactured Home 4-ate•:O' o:•
IMPROVEMENT ed`�`` ` ?
• Applicant GLORIA PEARSON, 4541 SULPHUR SPRINGS RD NE, HICKORY NC 28601
H:8283273842 HOME:8283273842
Land Owner RSH PROPERTIES FAMILY I-TD PARTNERSHIP (RICHARD l HARWELL), 1381 GRANDS OAKS.
HICKORY NC 28602-8800
H:8283244455 HOME:8283244455
NAME TO APPEAR ON PERMIT
Gloria Pearson
SITE ADDRESS: 4166 CLEAR SPRING DR, CLAREMONT NC 28610 PIN # 376304941589
NAME of SUBDIVISION: CROSSING CREEK Lot:# 44 Section/Block
PROPERTY SIZE: Square Feet Acres 0.51
DIRECTIONS: Bunker Hill School Rd/left Deal Rd/right Crossing Creek/left Clear Springs Dr on right before creek
PRIMARY CONTACT: Applicant SEWER TYPE: Septic Tank
GALLONS PER DAY: 360 WATER SUPPLY: Private Well
DESCRIBE WORK: 1988 SW mobile home (Metal on Metal) okay per Zoning /subdivision was recorded prior to county ordinances
changes/also okay for home to be place NOT PARALLEL to the road due to location of existing septic system
and topography **Screen or Remove Towing Tongue, Front Deck must be minimum of 36 sq ft, home must
be masonry underpinned (can use vinyl if singlewide). *'If this new home is a replacement for an existing home
—that existing home must be removed from the site within 30 days of the issuance of the Certificate of
Cornpiiance`*
SITE INFORMATION
Do any of the following apply to the property for which this application is applied?
If the answer to any of the questions below is"YES", then supporting documentation is required:
Does this site contain any jurisdictional wetlands? No
Does this site contain any existing wastewater systems? Yes
•
Is any of the wastewater going to be generated on the site other than domestic sewage? No
Is the site subject to approval by any other public agency? Yes
Are there any easements or right-of-ways on this property?
APPLICATION FOR: New Structure
STRUCTURE TYPE: PRIMARY RESIDENCE
FACILITY TYPE: Mobile Home OTHER DESCRIPTION:
DESCRIPTION OF vacant lot
EXISTING STRUCTURES
ON SITE(IF ANY)
DIM EXISTING STRUCTURE: •
NUMBER OF EXISTING BEDROOMS: #OF OCCUPANTS: 3
PROPOSED CONSTRUCTION
NEW STRUCTURE DIM:: 14x77/front deck 6x6/rear deck 4x4
#OF NEW BEDROOMS:: 3
Desired system types(Improvement Permit or Authorization to Construct):
ACCEPTED: ALTERNATIVE: CONVENTIONAL:
OTHER: INNOVATIVE: ANY:
Other described:
E9-ehapplicaiion 12/07/2015 12:39 Page of4
•
CATAWI3A COUNTY Case a RBPR-I2-2015-22852
'y Public Health Depanment Subdivision CROSSING CREEK
�¢� —•''®) Environmental Health Division PIN# 376304941589
� *�+ PO Box 339, 100-A Southwest Blvd,Newton. NC 28658
NAME ON PERMIT: (GLORIA PEARSON),4541 SULPHUR SPRINGS RD NE, HICKORY NC 28601 •
( Gloria Pearson)
SiteAddress: 4166 CLEAR SPRING OR,CLAREMONT NC 28610
a Size: Square 0.51
Property P S ware Feet Acres
Directions: Bunker Hill School Rd/left Deal Rd/right Crossing Creek/left Clear Springs Dr on right before creek
Improvement Permits issued as a result of this information are valid for 5 years or may be non-expiring under certain specified conditions.An
Authorization to Construct issued by this department is valid for(5)five years from the date issued and is not transferable; Improvement Permits and Well
Permits are transferrable. Permits may be revoked if the information on this application, site plans or intended use changes for the oroposed facility.
I have read this application and certify that the information provided herein is true, complete and correct. Authorized county and state officials are granted
right of entry to conduct necessary inspections to determine compliance with applicable laws and rules. I understand that I am solely responsible for the
proper identification and labeli g of all property lines and corners and making the site accessible so that a complete M evaluation can be performed.
Date: I Z pq 75- Signature of Applicant or Agent //Jem.•w�-
An Environmental Health Specialist will contact you within 5 working days of application date.
If you need further information or assistance please call 828466-7291
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:FEENAME ' DATE
FEE AMOUNT i'i
Improvement Permit Fee 12/07/2015 5150.00-
-
Wi AL FEES 3` ';` S15060... ,.
FEES ARE NON-REFUNDABLE
ONCE A SITE VISIT IS MADE OR
WORK ON A PLAN REVIEW HAS COMMENCED
SYSTEM REDESIGN AND/OR RETRIP WILL INCUR AN ADDITIONAL CHARGE
(SEE FEE SCHEDULE)
•
•
E9-chapplication - 12/07/2015 [2:39 Page 2 of 4
Catawba County Environmental Health
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Parcel: 376304941589, 4166 CLEAR SPRING 1 in=50f1
DR CLAREMONT, 28610
This reap/report product was prepared from the Catawba County,NC Geospatial Information Survives. Catawba County has made substantial efforts
to unsure the accuracy of location and labeling information conleinea on this map or data on this report.Catawba County promotes and recommends
the independent verification of any data contained on this map.'rep art product oy the user.The County of Catawba,its employees,agents,and
personnel,disclaim,and shall not be hold liable for any and all damages,loss or liability,whother direct,Indirect or consequerdial which erases of may
arise from this map/report product or the use thereof by any person or entity.
Copyright 2014 Catawba County NC
12/0712015
4166 Clear Spring Dr, Claremont — Richard Harwell Property
Documenting phone conversation 7/19/16
7/18/16 Received voicemail from Richard Harwell. Returned his call 7/19/16.
He said he went ahead and bought the neighboring lot—4154 Clear Spring Dr, Lot 45.
I responded by saying, "Richard, I told you several times NOT to buy that property until we had
evaluated it and verified the easement will work. At this point you were supposed to talk to the
owner and see if he was willing to give permission for us to evaluate the lot and possibly grant
you an easement."
Richard said, "You told me buying the lot would be simpler way".
I corrected him by saying, "No Richard, that's not at all what was discussed. I told you that if we
couldn't make the easement work, you'd then own 2 lots that don't help rectify the problems
with 4166 Clear Spring Dr. This is not at all the course of action I suggested you take. In fact, I
told you (as I tell everyone) to have a permit in hand before purchasing property".
He implied that he remembered our past conversation, but took from it, that he would be
making things simpler if he owned the neighboring lot.
I am certain that where we last left things last month was he was going to check into the
easement. In fact when I made the comment that buying the lot before it was evaluated was
premature, he responded by saying, "I appreciate you looking out for me."
At this point we were at a standstill in the conversation as to what was discussed previously.
He said he wanted me to go out and look at this new lot, 4154 Clear Spring, and let him know
the next step. I told him before we could go out, we needed an application for that lot. He said
he would come in and fill out the paperwork tomorrow.
4166 Clear Spring Dr, Claremont— Richard Harwell Property
Documenting phone conversation
June 30, 2016 phone conversation with Richard Harwell following up on what was discussed at the
meeting earlier this week(6/29/16). Present at the meeting:Tom Lundy, Doug Urland, Richard Harwell,
and myself, Megen McBride.
I told Mr. Harwell that we had collected the paperwork he requested(old permits,applications,etc)and
put them in the mail. Also told him that we emailed him the list of licensed soil scientists.
Went on to tell Mr. Harwell that I had located the septic permit for lot 45, as he had requested. That
permit was also put into the package that was mailed to him. I told him that based on the'lot 45 permit'
there was a slim possibility of available space for a possible easement. I explained to him that nothing
concrete could be established without extensive site work. He said he understood and used the phrase
"glimmer of hope". I said that the likelihood was small (given the small lot size) but worth checking into.
Told him that the next step was for him to speak with the owner. If the owner is receptive to the idea of
an easement then we would need written consent for us to go onto his property to evaluate.
Richard then mentioned that he may look into just buying the lot.When he proposed that idea, I said,
"Do NOT buy that property without knowing whether we can make this all fit." I reiterated several times
that he should NOT purchase the lot before having a permit in hand to do the easement. I said you do
not want to own a lot that cannot benefit or rectify the issue we are trying to resolve. He said he
completely understood and would not purchase the property without final approval from EH...the
easement option is his first choice anyway.
We left the conversation with, he would likely need several weeks to get in touch with the owner and
talk to him. He said he'd touch base again with me some time in July or August.
•
12/7/15—Received IP application
12/14/15—Made first contact with applicant Gloria Pearson. She said the lot was ready.
12/16/15—Made first site visit with Robbie Phelps. We walked over the property and probed out the
existing drainfield, marking it flags. Portions of it were too deep to locate with probe.
It was obvious at this point,that this lot would be very difficult to permit. After pulling a tape and
measuring off the creek setback it appeared as though the existing drainfield encroached on the 50ft
setback.Additionally,there appeared to be insufficient space for a repair system to be designated.
Flagged a location for an evaluation hole to be dug.
Property corners were not marked. Called applicant Gloria Pearson and told her she needed to locate all
property corners.Also told her she needed to get an evaluation hole dug at the pink flag(clarified that
all the blue and white flags were marking the drainfield). She said OK and would call me once everything
had been done.
12/17/15—Richard Harwell left me a voicemail saying he had marked the property corners.
12/21/15—Gloria Pearson called to say the hole was dug.
12/31/15—Made site visit. Evaluation hole was not dug at the correct location and it was only 18 inches
deep. Property corners were not found. Ribbon was tied in trees at approximate corners, however no
iron pins were located.
I called Gloria Pearson and explained the problem with the property corners.Told her that the iron pins
must be located.She said the owner was in charge of that and she would have him to call me to discuss.
I told her that was fine, I would be happy to explain to him what was required.
I also went ahead and explained to her that based on what I was able to locate and roughly measure, it
appeared as though portions of the existing system did not meet the creek setback and that there was
insufficient space for repair. I told her that I had scheduled a site visit with my supervisor for after new
years and I would let her know what we find. I also explained that due to the complexity of the property
she may need to hire a consultant (LSS)to look into possible pretreatment options.She said that if that
was to be what was required, she would not be interested in the property. She again told me that the
owner would be calling me to discuss.Told her that was fine.
1/4/16—Site visit with Mike.
1/11/16—Site visit with Alan McKinney.
1/12/16—Called and spoke to Gloria Pearson and gave her an update as to our findings. She indicated
that she was likely not still interested in going through what was necessary to get this lot properly
evaluated and possibly permitted. I told her that we would be sending her a denial letter.
4166, 4154 Clear Spring Drive, Claremont — Richard Harwell
The following chronology begins where Environmental Health received an application to evaluate 4154
Clear Spring Drive to determine the feasibility of obtaining a septic easement for septic repair area to
serve adjacent lot 4166 Clear Spring Drive.All events concerning 4166 Clear Spring Drive prior to
receiving an application for a proposed off-site easement are not detailed here.
• 7/20/16 Received an application for 4154 Clear Spring Drive. Mr. Harwell had recently purchased this
property and wanted to look into the possibility of putting an off-site easement on this lot.The
easement would serve as septic repair area for adjacent lot 4166 Clear Spring Drive, also owned by
Mr. Harwell.
• 7/21/16 Made site visit with field staff Steven Price to 4154 Clear Spring Drive.Augered evaluation
holes.Soils were suitable.
• 7/27/16 Made follow-up site visit with Steven Price. Laid out drainfield lines for off-site repair area to
ensure it would fit. We did have sufficient space. Mr. Harwell was on site cleaning out the mobile
home on 4154 Clear Spring Drive. We walked him through our findings and detailed the next steps
for him which were: hire a surveyor to map the off-site easement then record the septic easement
by deed. Once that has been completed we can issue his permits. He will be receiving 2 permits. One
for 4154 Clear Spring,which re-designates that home's septic repair area and one for 4166 Clear
Spring which designates septic repair on the off-site easement and specifies what portion of existing
drainfield is required to be disconnected from use due to its encroachment on the 50-foot creek
setback.We also explained to Mr. Harwell that he would need a licensed septic contractor to do the
required drainfield work. He said that was no problem that he knew a septic installer.
• 8/2/16 Met Honeycutt Surveying on 4154 Clear Spring Drive. Showed them where the septic
easement needed to go.They said they would be sending me a survey.
• 8/4/16 Received survey map from Honeycutt Surveying,showing proposed septic easement.
• 8/10/16 Received recorded map from Mr. Harwell,showing septic easement.
• 8/10/16—9/6/16 Waited for Mr. Harwell to complete the project by recording the deed that conveys
ownership of the mapped easement. On 9/6/16, I called Mr. Harwell to get an update with where he
was with recording the deed. He said that he had no intention of recording a deed,that the map
would be sufficient. I told him that it was my understanding that the deed was necessary;the map
would not convey ownership rights.The map had been a necessary piece as it is needed for a visual
representation of the easement for the permit site plan, however the deed is what will make the
easement legally transferable. Mr. Harwell offered to record the deed if and when he sold the
properties,stating that doing it now was premature since he owned both lots. I told him that I would
clarify that point with Jodi Stewart,Assistant County Attorney.
• 9/7/16—9/13/16 Spoke several times with Jodi Stewart. She looked over the map and all the other
relatd paperwork in our file.She explained the following facts.The recorded map would never come
up in a deed search if either property was sold. It is simply a recorded map. In order to make the
easement conveyable from one owner to another, a deed must be recorded. When properties are
sold a deed search is done and all connected deeds are attached and referenced with the sale of a
property.A plat will simply not be "found"during a deed search,therefore when the property is
sold,the new owner will have no knowledge of the septic easement. By attaching the easement plat
to an easement deed the whole package is transferable to a potential new owner. Failure to get a
deed for this easement leaves the door open for a new owner to buy the property without the
easement disclosure and therefore potentially not legally required to honor it. Requiring the deed
protects us, Catawba County, and Mr. Harwell as the seller.Additionally,we cannot postpone the
deed until properties have sold because the potential exists for the easement to be forgotten or
inadvertently missed.Jodi further stated that we should not release his permits until the deed has
been recorded.
• 9/19/16 Emailed Mr. Harwell. Explained that I had spoken with the assistant county attorney and she
verified that the deed must be recorded. I detailed that it is the only way to legally transfer
ownership/rights of the septic easement from one owner to another.
• 9/25/16 Mr. Harwell emailed simply asking for the plat book and page number of the recorded map.
I replied giving him the requested information.
• 10/1/16 I went ahead and issued Mr. Harwell's permits in anticipation of resolving the deed issues.
The permits were placed in our"issued drawer" with notes attached saying the permits could not be
released until the required deed had been recorded.
• 10/4/16 Mr. Harwell emailed me a deed and asked it if was acceptable. I subsequently emailed it to
Jodi to review.
• 10/4/16—10/16/16 Jodi reviewed the deed and needed some clarification on a couple aspects from
Mr. Harwell's attorney who prepared it. She left his attorney a message to contact her.There was
some delay in their correspondence simply due to their office schedules. During this time period Mr.
Harwell emailed me several times to see if the deed was acceptable and he could proceed with
recording it. Each time I let him know that we were still reviewing it and I would let him know as
soon as we had reached a decision.
• 10/17/16 Spoke with Jodi. She had finally been able to speak to Mr. Harwell's attorney. She said the
deed was acceptable and Mr. Harwell could proceed with recording it.
• 10/17/16 I emailed Mr. Harwell and told him that we had completed the review of the deed,
everything was fine and that he could proceed with recording it. I further told him that once the
deed was recorded he needed to bring us a copy(a recorded copy)for us to put with his file. Once
that was completed he could pick up his permits and proceed with his project.
12/29/16 To date I have heard nothing further from Mr. Harwell nor has his deed been recorded.The
situation remains unchanged from its status of needing a recorded deed.
FLED Catawba County
on Dec 21, 2016 at 10:3a:00 am
Excise Tar Salle (AT)
INST. #22254
DONNA HICKS SPENCER,
ReglBttx'Of D itOdo
03378 Pg 0269-0271
Revenue$00.00 Parcel ID#376304941498
NORTH CAROLINA GENERAL WARRANTY DEED
This instrument drafted by: Fleischer Law Office,PLLC,309 Main St.NW,Lenoir,N.C.28645
A ingfterrecord mail to: 'Richard Harwell-1381 Grand Oaks Lane- Hickory, NC 28602
Brief description for the index: 4154 Clear Spring Dr.,Claremont,NC 28610
THIS DEED,made this the day of ,2016,by and between
GRANTOR GRANTEE
RSH Properties Family,IP RSH Properties LP
(mailing address)
310 4th St. SW
\ , Hickory,NC 28602
iillib
The designation Grantor and Granteet used herein shall include said parties, their heirs, successors,and
assigns,and shall include singular,phut,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is
hereby acknowledged,has and by these presents does grant,bargain,sell,and convey unto the Grantee,its
heirs,successors,administrators and assigns,all that certain lot or parcel of land,which was acquired by
Grantor by deed recorded in Book 3352,at Page 1860,situated in the City of Claremont,Catawba County,
North Carolina and more particularly described as follows:
SEE ATTACHED EXHIBIT"A"
All or a portion of the property herein conveyed DOES NOT include the primary residence of a Grantor.
0270
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the prenises in fee simple,has the
right to convey the same in fee simple,that tide is marketable and free and clear of all ezzcumbnanoes,and
that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except
for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Subject to Ad valorem taxes for the current year,
Easements,Rights of way and Restrictions which may appear of record;
General Utility Easements of record;
Restrictive and Protective Covenants of record and any Amendments thereto.
IN WITNESS WHEREOF,the said Grantor has hereunto set its hand and seal,or if corporate,has
caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors,the day and year first above written.
'- -��'� 44"?/7( (SEAL)
• hard Harwell,Limited Partner
› a Uf i c^r�'7�/r (SEAL)
Susan H.Harwell,President ofi.aodv� ico Inc.a Managing Partner of
RSH Properties
STATE OF NORTH CAROLINA
4#/jdAL, CoUNTY
,the rmdersigoed Notary Public of the County and State aforesaid,certify
card Harwell,Limited Partner of RSH Properties,LP.,and Susan H.Harwell,President of
Landvestco Inc.the Managing Partner of RSH Properties L.P., personally appeared before me this day and
acknowledged the execution of the foregoing instmment.
Witness my hand and official stamp or seal this day of e.e/r /tr2016.
My commission expires: z _ 2 2 -2011 SEAL-STAMP
f 'a
/171.latie Notary Public �,� p, C uMr q1*JNo Signature M�ssioNQ
�
O. =Q� FEB N
Prsded Name of Notary 2 0 h
i,�0T co u M'\\)
0271
EXHIBIT"A"
BEING all of Lot 45 as shown on the plat entitled"Crossing Creek"as surveyed by J.Mike
Honeycutt,Registered Land Surveyor,dated June 10,1988,a copy of which plat is recorded in the
office of the Register of Deeds of Catawba County in Nat Book 23 at Page 248,to which plat
reference is hereby made for a more particular description of same. The foregoing is subject to those
restrictions contained in Deed Book 1569 at Page 141,Catawba County Registry.For reference to
chain of title,see deed recorded in Deed Book 2943,Page 975,Catawba County Registry.
A septic area easement/repair for Lot#44 is granted to Lot#44 as recorded in Nat Book 76
at Page 52,Catawba County Registry. This easement is to run with the land and remain in place for
all subsequent owners of Lot#44 and Lot#45.
Fleischer Law Office, PLLC
309 Main St. NW
Lenoir, NC 28645 US
828-394-0041
james@jrfattorney.com
Invoice
BILL TO INVOICE# 317
RSH Properties LP DATE 10/03/2016
DUE DATE 11/02/2016
TERMS Net 30
ACTIVITY QTY RATE AMOUNT
Real Estate:Deed 1 100.00 100.00
Deed prep for 4154 Clear Spring Dr to record easement
BALANCE DUE $100.00