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$A CATAWBA COUNTY
v P O Box 389 - Newton, North Carolina 28658 - (828) 465-8270 - Fax (828) 465-8276 - TDD (828) 465-8200
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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.
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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.
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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
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Postage $ 6 N` FiOgv
O Certified Fee ^AA ,i
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O Return Receipt Fee
(Endorsement Required) Here
3 =
ru Restricted Delivery Fee 2
(Endorsement Required)
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Total Postage & Fees $
Ln SIP 1-10-3661
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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:
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❑ 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
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o If a postmark on the Certified Mail receipt is desired, please present the arti-
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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