HomeMy WebLinkAboutEHPR-5-10-5197.TIFf
July 14, 2006
Ruth Owens
Catawba County
Public Health Department
Environmental Health Division
PO Box 389 • 100-A South West Blvd • Newton, North Carolina 28658
(828) 465-8270 FAX (828) 465-8276 TDD (828) 465-8200
Re: Application for improvement permit for 4-bedroom property site 7490 Blackwelder
Health Department file No. WLS2006-01098
Dear Ms. Owens:
The Catawba County Health Department, Environmental Health Division on 7/12/06,
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 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 1 ~A, Subchapter 18A, of the North
Carolina Administrative Code, Rule. 1900 and related rules.
Based on the criteria set out in Title 1 ~A, 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 .1940 Due to size and
location of house site
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, 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.
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Ruth Owens
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).
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.
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 ~~eb 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-33~ (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 The
date of this letter is 7/14/06. 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 1 SOB-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 local health department if you need any additional information or
assistance.
Sincerely,
7 '
Paige Yrigoyen, R
Environmental Health Specialist
Enclosure: Copy of Rule .1948
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