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Home My WebLink AboutEHPR-2-11-9463.TIF ..1?)A HT 1 Ill '\' CATAWBA COUNTY Q iii ''l P 0 Box 389 - Newton, North Carolina 28658 - (828) 465 -8270 - Fax (828) 465 -8276 - TDD (828) 465 -8200 /84 sM Public Health — Environmental Health Division March 14, 2011 Christol Kenworthy 5142 E Bandys X -Roads Catawba NC 28609 Re Application for wastewater system Improvement Permit for 5134 Bandys Crossroads Catawba County Health Department Case # EHPR -2 -11 -9463 Dear Christol Kenworthy: On 3 -8 -11, the Catawba County Health Department, Environmental Health Section, evaluated the above - referenced property at the site designated on the plat/site plan that accompanied your improvement permit application dated 2- 16 -11. According to your application the site is to serve a 4 bedroom house 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 and related statutes and Title 15A, Subchapter 18A, of 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. 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, in surface waters, directly into ground water or inside your structure. The site evaluation included consideration of possible site modifications, and modified, innovative or alternative systems. However, the Health Department has determined that none of the above options will overcome the severe conditions on this site. A possible option might be a system designed to dispose of sewage to another area of suitable soil or off -site to additional property. For the reasons set out above, the property is currently classified UNSUITABLE, and an improvement permit shall not be issued for this site in accordance with Rule .1948(c). However, the 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. Accredited ' "Keeping the Spirit Alive Since 1842!" ..,. Health S) B - art .enC^ m TER n 2008-2011 .�' HICK ORY » e METRO �ment P�� Page 2 March 14, 2011 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 an 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, call the office at (919) 733 -0926, or log on to the OAH website, 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 140A -24 and 150B -23 and all other applicable provisions of Chapter 150B. N.C. General Statue 130A -335 (g) provides that your hearing would be held in the county where your property is located. Please note: 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. Meeting the 30 day deadline is critical to your right to a formal appeal. Beginning a formal appeal within 30 days will not interfere with any informal review that you might request. Do not wait for the outcome of any informal review if you wish to file a formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings, you are required by law (N.C. General Statute 150B -23) to send a copy of your petition to the North Carolina Department of Environment and Natural Resources. Send the copy to: Office of General Counsel, N.C. Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N.C. 27699 -1601. Do NOT send the copy of the petition to your local health department. Sending a copy of your petition to the local health department will NOT satisfy the legal requirement in N.C. General Statute 150B -23 that you send a copy to the Office of General Counsel, NCDENR. You may call or write the Environmental Health Section of the Catawba County Department of Public Health if you need any additional information or assistance. Sincerely, 4 , p 4 Robbie Phelps, REHS Environmental Health Specialist Catawba County Department of Public Health Enclosure: Copy of Rule .1948 cc: Doug Urland, Health Director Michael E. Cash, Environmental Health Supervisor �a CARO< � Accredited 9 "Keeping the Spirit Alive Since 1842!" � " /" Health .. j 1 £ -'' '''' en cm / r o GREATER 2008-2072 L HICKORY yR P«< ea 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 Department of Environment, Health, and Natural Resources Sheet: 1 of 2 Division of Environmental Health Property ID: On -site Wastewater Section Lot #: SOIL/SITE EVALUATION File #: for ON -SITE WASTEWATER SYSTEM AppID: 9463 Owner: Christiol Kenworthv Applicant: Address: 5134 E Bandys Crossroads Date Evaluated: Proposed Facility: Design Flow (.1949) 480 Property Size: Location of Site: Property Recorded: Water Supply: [ ] Public [ ] Individual [ ] Well [ ] Spring [ ] Other Evaluation Method: [ ] Auger Boring [ x ] Pit [ ] Cut Type of Wastewater: [ ] Sewage [ ] Industrial Process [ ] Mixed P R o SOIL MORPHOLOGY b F .1941 PROFILE FACTORS I .1940 .1942 L Landscape Horizon .1941 .1941 Soil .1943 .1956 .1944 Profile E Position/ Depth Structure/ Consistence Wetness/ Soil Sapro Restr Class # Slope% (IN.) Texture Mineralogy Color Depth (IN.) Class Horiz & LTAR 1 0 -16 cl,sbk fr,ss,sp 16+ rock u. 2 0 -15 cl,sbk fr,ss,sp 15+ rock u 3 0 -17 cl,sbk fr,ss,sp 17+ rock u 4 0 -18 cl,sbk 18+ rock 5 0 -36 fill 36 -72 scl,sbk fr,ss,sp u 6 0 -36 fill 36 -72 scl,sbk fr,ss,sp u Description Initial System Repair System Other Factors (.1946): Available Space (.1945) Soil Evaluation By: Robbie Phelps System Type(s) Others Present: Jason Boyd, Mike Cash Site LTAR Site Classification (.1948): Site Evaluation By: Others Present: Sheet: COMMENTS: FILE #: Landscape Position Group Texture .1955 LTAR Structure R -Ridge 1 S -Sand 1.2 - 0.8 SG- Single Grain SS- Shoulder Slope LS -Loamy Sand M- Massive LS- Linear Slope CR -Crumb FS -Foot Slope II SL -Sandy Loam 0.8 - 0.6 GR- Granular NS -Nose Slope L -Loam SBK- Subangular Blocky HS -Head Slope ABK- Angular Blocky CC- Concave Slope III SI -Silt 0.6 - 0.3 PL -Platy CV- Convex Slope SICL -Silty Clay PR- Prismatic T- Terrace Loam FP -Flood Plain CL -Clay Loam SCL -Sandy Clay Loam IV SC -Sandy Clay 0.4 - 0.1 SIC -Silty Clay C -Clay Consistence Consistence Mineralogy Moist Wet SEXP- Slightly Expansive VFR -Very Friable NS- Non - Sticky EXP- Expansive FR- Friable SS- Slightly Sticky FI -Firm S- Sticky VFI -Very Firm VS -Very Sticky EFI- Extremely Firm NP- Non - Plastic SP- Slightly Plastic P- Plastic VP -Very Plastic Sketch of Soil Evaluation Locations Department of Environment, Health, and Natural Resources Sheet: 2 of 2 Division of Environmental Health Property ID: On -site Wastewater Section Lot #: SOIL/SITE EVALUATION File #: for ON -SITE WASTEWATER SYSTEM AppID: 9463 Owner: Christiol Kenworthy Applicant: Address: Date Evaluated: Proposed Facility: Design Flow (.1949) Property Size: Location of Site: Property Recorded: Water Supply: [ ] Public [ ] Individual [ ] Well [ ] Spring [ ] Other Evaluation Method: [ ] Auger Boring [ ] Pit [ ] Cut Type of Wastewater: [ ] Sewage [ ] Industrial Process [ ] Mixed P R o SOIL MORPHOLOGY b F .1941 PROFILE FACTORS I .1940 .1942 L Landscape Horizon .1941 .1941 Soil .1943 .1956 .1944 Profile E Position/ Depth Structure/ Consistence Wetness/ Soil Sapro Restr Class # Slope% (IN.) Texture Mineralogy Color Depth (IN.) Class Horiz & LTAR 7 0 -24 fill 24 -48 cl,sbk fr,ss,sp u 8 0 -30 fill 30 -48 c,sbk fr,ss,sp u 9 0 -16 c,sbk fr,ss,sp 16+ rock u 10 0 -12 c,sbk fr,ss,sp 12+ rock u Description Initial System Repair System Other Factors (.1946): Available Space (.1945) Soil Evaluation By: Robbie Phelps System Type(s) Others Present: Mike Cash, Jason Boyd Site LTAR Site Classification (.1948): U Site Evaluation By: Others Present: Sheet: COMMENTS: FILE #: Landscape Position Group Texture .1955 LTAR Structure R -Ridge 1 S -Sand 1.2 - 0.8 SG- Single Grain SS- Shoulder Slope LS -Loamy Sand M- Massive LS- Linear Slope CR -Crumb FS -Foot Slope 11 SL -Sandy Loam 0.8 - 0.6 GR- Granular NS -Nose Slope L -Loam SBK- Subangular Blocky HS -Head Slope ABK- Angular Blocky CC- Concave Slope III SI -Silt 0.6 - 0.3 PL -Platy CV- Convex Slope SICL -Silty Clay PR- Prismatic T- Terrace Loam FP -Flood Plain CL -Clay Loam SCL -Sandy Clay Loam IV SC -Sandy Clay 0.4 - 0.1 SIC -Silty Clay C -Clay Consistence Consistence Mineralogy Moist Wet SEXP- Slightly Expansive VFR -Very Friable NS- Non - Sticky EXP- Expansive FR- Friable SS- Slightly Sticky FI -Firm S- Sticky VFI -Very Firm VS -Very Sticky EFI- Extremely Firm NP- Non - Plastic SP- Slightly Plastic P- Plastic VP -Very Plastic Sketch of Soil Evaluation Locations ti 4 t kdi