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Home My WebLink AboutEHPR-1-10-3661.TIF $A CATAWBA COUNTY v P O Box 389 - Newton, North Carolina 28658 - (828) 465-8270 - Fax (828) 465-8276 - TDD (828) 465-8200 asp Public Health - Environmental Health Division www.catawbacountync.gov/phealth/ehmain. 1842 sM March 11, 2010 Randy Smith 4150 Paint Shop Rd Lincolnton, NC 28092 Re: Application for Improvement Permit for 2767 Burnley Rd; PIN 362910268138; Catawba County Case # EHPR-1-10-3661 Dear Mr. Smith: On 2/4/10 , Catawba County Public Health, Environmental Health Division evaluated the above- referenced property at the site designated on the plat/site plan that accompanied your improvement permit application. According to your application the site is to serve a 4 bedroom mobile home with a design wastewater flow of 480 gallons per day. The evaluation was done in accordance with the laws and rules governing wastewater systems in North Carolina General Statute 130A-333 including related statutes and Title 15A, Subchapter 18A, of the North Carolina Administrative Code, Rule. 1900 and related rules. Based on the criteria set out in Title 15A, Subchapter 18A, of the North Carolina Administrative Code, Rules .1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground absorption sewage system. Therefore, your request for an improvement permit is DENIED. A copy of the site evaluation is enclosed. The site is unsuitable based on the following: ❑ Unsuitable soil topography and/or landscape position (Rule .1940) ❑ Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941) ❑ Unsuitable soil wetness condition (Rule .1942) ❑ Unsuitable soil depth (Rule .1943) ❑ Presence of restrictive horizon (Rule .1944) ® Insufficient space for septic system and repair area (Rule .1945) ❑ Unsuitable for meeting required setbacks (Rule .1950) ❑ Other (Rule .1946) These severe soil or site limitations could cause premature system failure, leading to the discharge of untreated sewage on the ground surface, into surface waters, directly to ground water or inside your structure. The site evaluation included consideration of possible site modifications, and modified, innovative or alternative systems. However, Catawba County Environmental Health has determined that none of the above options will overcome the severe conditions on this site. ~DPtN CAR 9 ~ Accredited p^ Health 2 d -Departmen ~ Z ~ a~ GREATER \/~~pd~ent P«`d,~ "Keeping the Spirit Alive Since 1842!" HI C eo Page 2 Randy Smith For the reasons set out above, the property is currently classified UNSUITABLE, and no Improvement Permit shall be issued for this site in accordance with Rule .1948(c). A site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule .1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to an informal review of this decision. You may request an informal review by the soil scientist or environmental health supervisor at the local health department. You may also request an informal review by the N.C. Department of Environment and Natural Resources regional soil specialist. 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 Center, Raleigh, N.C. 27699-6714. To get a copy of a petition form, you may write the Office of Administrative Hearings or call the office at (919) 733-0926, or from the OAH web site at www.oah.state.nc.us/form.htm . 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. N.C. General Statute 130A-335 (g) provides that your hearing would be held in the county where your property is located. You may contact our office if you have any questions or would like additional information concerning our evaluation, reasons for denial, available options, or your appeal rights. Sincerely, ( c 1 Mege cBride, REHS Environmental Health Specialist Catawba County Public Health Enclosure: Copy of Rule .1948 cc: Christopher Huitt Doug Urland, Health Director Ed Rivers, Environmental Health Administrator Michael E. Cash, Environmental Health Supervisor REATER KORY "Keeping the Spirit Alive Since 1842! HIC METRO History Note: Authority G.S. 130A-335(e); Eff. July 1, 1982; Amended Eff. January 1, 1990. 15A NCAC 18A.1947 DETERMINATION OF OVERALL SITE SUITABILITY All of the criteria in Rules.1940 through.1946 of this Section shall be determined to be SUITABLE, PROVISIONALLY SUITABLE, or UNSUITABLE, as indicated. If all criteria are classified the same, that classification will prevail. Where there is a variation in classification of the several criteria, the most limiting uncorrectable characteristics shall be used to determine the overall site classification. History Note: Authority G.S. 130A-335(e); Eff. July 1, 1982; Amended Eff. January 1, 1990. 15A NCAC 18A.1948 SITE CLASSIFICATION (a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption sewage treatment and disposal system or have slight limitations that are readily overcome by proper design and installation. (b) Sites classified as PROVISIONALLY SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules but have moderate limitations. Sites classified Provisionally Suitable require some modifications and careful planning, design, and installation in order for a ground absorption sewage treatment and disposal system to function satisfactorily. (c) Sites classified UNSUITABLE have severe limitations for the installation and use of a properly functioning ground absorption sewage treatment and disposal system. An improvement permit shall not be issued for a site which is classified as UNSUITABLE. However, where a site is UNSUITABLE, it may be reclassified PROVISIONALLY SUITABLE if a special investigation indicates that a modified or alternative system can be installed in accordance with Rules .1956 or. 1957 of this Section. (d) A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules .1955, .1956, or .1957 of this Section or a system approved under Rule .1969 if written documentation, including engineering, hydrogeologic, geologic or soil studies, indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall be reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that: (1) a ground absorption system can be installed so that the effluent will be non-pathogenic, non-infectious, non-toxic, and non-hazardous; (2) the effluent will not contaminate groundwater or surface water; and (3) the effluent will not be exposed on the ground surface or be discharged to surface waters where it could come in contact with people, animals, or vectors. The State shall review the substantiating data if requested by the local health department. History Note: Authority G.S. 130A-335(e); Eff. July 1, 1982; Amended Eff. April 1, 1993; January 1, 1990. 15A NCAC 18A.1949 SEWAGE FLOW RATES FOR DESIGN UNITS (a) In determining the volume of sewage from dwelling units, the flow rate shall be 120 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two bedrooms shall increase the volume of sewage by 120 gallons per day. In determining the number of bedrooms in a dwelling unit, each bedroom and any other room or addition that can reasonably be expected to function as a bedroom shall be 19 Mill Creek Subdivision - Lots 22 and 23 Synopsis of events Lot 23: 1/28/10 Received application for Improvement Permit. 2/2/10 Called and spoke to applicant. Verified that lot was ready to be evaluated. 2/8/10 Met on site with applicant and Mike Cash. Applicant explained that he wanted to replace the existing mobile home with a new larger mobile home. If possible he wanted to increase bedrooms (from 3 to 4). Told him that our office would need to verify the specifics of the existing septic system. We also will need to do a soil evaluation to determine that the lot has sufficient repair area. This is standard operating procedure for every lot evaluation we do. Additionally, we need to resolve the issue of the easement that currently exists on this lot. 2/8/10 After applicant left the site, I attempted to locate all the components of the septic system. I found the tank and two trenches. I thought that there was a third trench, but I was unable to determine it as fact. 2/9/10 Called applicant. Explained that I was only able to verify that there were 2 trenches. 2 trenches is not sufficient for a 3 (or 4) bedroom house. Applicant asked that I speak with the owner. 2/9/10 Called owner, Chris Hewitt and explained situation. He thought there were 3 trenches installed. I told him that he could uncover a portion of the system and prove it. 2/10/10 Charlie Brice (septic installer) called. He said he had uncovered the distribution box and there were 3 lines. He flagged the 3 third trench. 2/11/10 Made site visit. Verified third trench. Did soil evaluation. Called and spoke to Mike. We concluded that we could not issue the improvement permit so long as the easement existed on the lot. Mike called and spoke to owner regarding easement issues. I will hold application until situation is resolved. 3/9/10 Improvement Permit denied based on insufficient space. Lot 22: 2/26/10 Received application for "existing system check". It needs to be established that this lot has an existing system and a repair area, prior to eliminating the easement on lot 23. 3/2/10 Attempted to contact owner to let him know that I'd go out as soon as weather permitted, however I could not reach him or leave a message. 3/4/10 Made site visit. Located all system components and measured all relevant distances. There appears to be insufficient space on this lot for a full septic system repair. Spoke with Mike. Will hold this application until a decision has been made as how to proceed. 3/9/10 "Existing System Check" issued. Conclusions Lot 22 has an existing system. Lot 22 also has a repair; its repair is the system that has been installed on lot 23 and is currently connected to the house on lot 23. This "repair" system is recorded as an offsite septic easement and indicated on septic permit (filed under owner: Lauern Hewitt, dated 3/26/90). This means that lot 22 has both initial and repair. Moreover, our office can approve the applied for "existing system check". Lot 23 does not have a "legal" septic system. The septic system on this lot belongs to lot 22 and will act as lot 22's repair system. This means that lot 23 must have sufficient space for an initial system and a repair system. It is my finding that insufficient space exists on the lot for this requirement, as it has been applied for. Based on this I will be denying the improvement permit. At this point it will be incumbent upon the owner to propose a scenario in which we can permit a full septic system and a full septic system repair for lot 23. This may require the services of a surveyor and/or soil scientist. ~f~J2hK~ i ~ AC) J a B L.9 v x bri4ev4a g w 9~ _I BOO V) N 1- o m 4- 3 ~ w c O 01 75 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Shed of DMSION OF ENLti =NMENTAL HEALTH PROPERTY ID fk ON-SITE WASTEWATER SECTION COUNTY: SOILISITE EVALUATION for ON-SITEWASTEWATER SYMM OWNER: X1,5 P.V 1)I APPLTCATIONDATE 129110 ADDRESS: DATE EVALUATED' PROPOSED FACI<.ITY: jfHPPOPOSED DESIGN FLOW (.1949): PROPERTY SIZE: 0-blacreA LOCATION OF SITE: ' r d • PROPERTY RECORDED: VATER SUPPLY: 0 Private 0 Pu wen 0 sp ' g 0 Othw EVALUATION METSOD: Auger Baring 0 Pit L1 Cg TYPE OF WASTEWATER: Sewage 0 Indust W Pto= 0 Wiixed x w:::::::::::::::: :::::s:::::::::::::::::::::::::~-::::::: ....Y::.;::..._;....._............ ...............:4I . ''i'I' s-:;;= 3r _ .............._......_._.........._...».........0 r:::: .....................::.................I 1 . . ::ic:•• i............._.._:::::::: is . •::::::::::::r ........................................»....._......-...........................:::'1,9.4'~C....::::.......................::::::::':: i ......................M.... ?:Ei494$ .............1~dI ~~1.....»..... _ .....N . . L p-3o U. Sbk 30-3 cL+ s 37 S PS 1 17 -y5 SAP. 5 0,3 2 3 ' i 4 ' DESCRIPTION wn-,AL SYSTEM REPAIR SYSTEM OTHER FACTORS (.1946): 05 STIE CLASSIFICATION (.1948): y EVALUATED BY: A P, AvaDabie Space (1945) S3s Tgpxc) OfA _ffq OTHER(S) PRESENT: Site LIAR D.3 ' . COMMEMS: LEGEND r use the foAowin standard abbreviations LANDSCAPE PQSf'r►nw CROUP SOIL, CONVFddTiONAL LPP mRa RAWayl ( ,2955LTAR• .1957 MARS CUNSISTENCE UCr►1rrF Slope D (Convcz Mope) Way) ) I LS ~ Sand) 12 a8 0.6-0.4 cc mv NEV (N e) a (Single Ck) SM (SHOWy ) M Nu i,* FP (F7ood ~ ) II Gx FS (Foot Slope) (Gnnko N Read Slope) m SCL _ L (Liseat Mope) c cuy Loam) 0.6 - 03 03.0.25 A.BX (An aie<13Toci y) N (14M MON sit M to=) PL Maly) R ) CL (Clay Lo m) Pit (ti s ) S (Sbm w=Slope) SiCL =7 C39Y LMW T (reaaee) Si) IV SC (SmY City) a4.0.1 01-0.0s VF(F (V yFd*6) Ft mo Sir- mty clay) Fl (Faro) s s~b1 0 (O comic) NOW Vm (Vey Fam v V@y Sd&y) W Nary u9) EF7 (Etsoamdy F@m) Q P s) NOTEC mAdjmt LTA$ dtie to dept74 contitteaem, atsy as~it wetn=4 landaeape, po"s, wadewater now and panty. p r l fPLde) AORaOXDF.P78 La iae6ea below mhaal soil naface (VO' Pled) DF.'PM DF IM lh imin from land amiaca Ar=cTIIBXORLWN M irimcm and dr6 from land ra faoe SfPIOL1Tlr S(:niMk)ortk mmhbie) SOIL wznw Lmhm Lam load mc&- to fmo warn or indta CL(SMUMN Iaod anion to mat colors with ehmaoa2 oc iea - mcmd ldmiset( color ebip desitna6oa Evahmd m of siq mkc 6a be by pimp L Y Suitahle~ orU (t)httritabie) L®g-tcom Acceptance Race (LTAPk pVdaW Show Profile landonc tad other site fmstarrs (dimmWoas, reference or henchmarlr• and Nortb). ; ? ? i » y_ 1 ".-'4••.•..p'w•^ w{wwnw.w.• •«.w..•y.w•{...,.••4.•«..:..w«:w««~ : i i ' ..:«.«o..••-o...w.t.«..-a--.:.-._• ....y- «..,s•«••• »..•e.w..y««..i...w: 1, i 1 +......4...... _ • ±..•w0«r•i..w ww~wrw r+ .'.w.•M....••E..w»jww.:.ww. «-p+w•pwwww_•:w«-• : iw t = i : 3 t• i »3.»...o--•. wo_w».»..1...... ~ ..«¢...».b«.. ' if,'.e...».s«.« ' ..d.--•?----~-......~_.»..»....8._»e--:». «w..i•-»-• »wb... «.k w•i-»-a---.b-..»e•»».' ~ ..~.»...e««-a--..•..._~.». ....d....•.b.w.. -s f i s DENR Review ( CUL•)V V~ ~ ' f U.n. p@@aj N cr CEPMFOEDD R&OL G°~CDCCD 0 0 o it a9J o Cab Qn t o C~7 p G? '1~~ ?TR 996,-41_ w c&~83 cco c~ x~Sb g Randy Smith; MM,; 0 Postage $ 6 N` FiOgv O Certified Fee ^AA ,i IM stma O Return Receipt Fee (Endorsement Required) Here 3 = ru Restricted Delivery Fee 2 (Endorsement Required) r=1 Total Postage & Fees $ Ln SIP 1-10-3661 Sent To O SireeRanNd , Apt. nN . ,-p- 1nt -Sho Rd aiii4 M. " P~ N p c,: rain n:Ccf rtpr R6r'C 2-809 C~r_~Y~`x r~ rYr n~mt7ir7~i CuRiff ed MEH piray as: ❑ A mailing receipt asianabJzoozaunr'ooee -odsd o A unique identifier for your mallpiece A record of delivery kept by the Postal Service for two years Oronpcree n¢ ftmirndom: Certified Mail may ONLY be combined with First-Class Mafia or Priority Mafia. ❑ Certified Mail is not available for any class of international mall. ❑ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ❑ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSO postmark on your Certified Mail receipt is required. ❑ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted-Delivery". o If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. OMPOR707: Save this receipt and resent it CJilen making an inquivy. Internet access to deiiverU WovVion Is not available on mail addressed to APOs and Ms. SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Sign ure item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. RJceived by (Prj' ~ d Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, \J v or on the front if space permits. E~• D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: ED If YES, enter delivery address below: ❑ No Randy Smith MAR 1 2010 4150 Paint Shop Rd Lincolnton, NC AWBA COUNTY 3. Service Type NMENTAL HEALTH JO Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) _ ?005 1820 0006-4'U"11 4092 PS Form 3811, February 2004 Domestic Return Receipt --Y02595-02-M-1540 UNITED STATES POSTAL SERVICE . d";:H'ARk-LOt: F Ma e Paid EHPR,4-10- • Sender: Please print your name, address, and ZI'#tiYi this box Megen McBride, REHS Catawba County Environmental Health PO Box 389 Newton, NC 28658