HomeMy WebLinkAboutEHPR-11-2020-36130.tif catawba county
public health
August 24, 2022
Amy Mikeal
1787 Crafton Rd
Hickory, NC 28602
Re: Application for Improvement Permit for property site 1785 Crafton Rd,Hickory Health Department file
number EHPR-11-2020-36130.
Amy:
The Catawba County Health Department, Environmental Health Division on 7/12/2022,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 2 bedroom accessory dwelling with a design
wastewater flow of 240 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, Rule .1940
through .1948,the evaluation indicated that the site is UNSUITABLE for a sanitary system of sewage treatment and
disposal. Therefore,we must deny your request for an improvement permit. 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)
X Insufficient space for septic system and repair area (Rule.1945)
X 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,as well as use of 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.
catawbacountync.gov
Environmental Health
Cctcwbc County Government Center
25 Government Drive PO Box 389 Newton NC 28658 828.465.8270
MAKING. LIVING. BETTER.
Page 2
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).
Note that 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
North Carolina 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. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at
(919)431-3000 or download it 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 150E-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.
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 8/24/2022. 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(N.C.General Statute 150E-23)to serve a copy of your petition on the Office of General Counsel, N.C.
Department of Health and Human Services,2001 Mail Service Center, Raleigh, N.C. 27699-2001.
Do not serve the petition on 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 150E-23 that you send a copy to the
Office of General Counsel, N.C. Department of Health and Human Services.
You may call or write the local health department if you need any additional information or assistance.
Sincerely,
C}'\911/4—des"—`-4-
Cheyanne Morgan REHS
Environmental Health Specialist
Enclosures: Site evaluation
Rule.1945, .1948, .1950
UlPAItTMI NI OF I lhALTII AND I IUMAN SERVICES Sheet of 1
DIVISION OF PUBLIC 1IEALT11,ENVIRONMENTAL I IEALTI l SECTION PROPERTY ID N; ' If UMW'
l)N•SIT ii WATT I PROTECTION I3RANCI I COUNTY: Q}[tt 4
SOIL/SITE EVALUATION
for ON-SITE WASTEWATER SYSTEM
(Complete nll fields in full) //
OWNER: _.__may /4114,a I - APPLICATION DATE ! 6(2o
ADDRESS- 54 L DATE EVALUATED:
PROPOSED FACILITY: Led -�Pj 4 PROPOSED DESIGN FLOW(.1949): Zits6/) PROPERTY SIZE: 1.13 ac e S
LOCATION OF SITE: _J 7 _L/a '4 t1 Ref, )Ir L1li/y iti( ZFbeZ PROPERTY RECORDED:
WATER SUPPLY: ITPrivatc 11 Public C"f'Well 0 Spring 0 Other
EVALUATION METHOD: [-I Au plier Boring �,Yf'it 0 Cut TYPE OF WASTEWATER: L'7 Sewage 0 Industrial Process U Mixed
• •
P
t> SOIL MORPHOLOGY OTHER
P. (.1941) PROFILE FACTORS
1.
.1940
►: LANDSCAPE HORIZON
POSITION/ DEPTH 1942 PROFILE
n SI.UPF.% (IN.) .1941 .1941 SOIL .1943 .1956 .1944 CLASS
STRUCTURE/ CONSISTENCE! WETNESS/ SOIL SAPRO RESTR <AR
TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ
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1)GSCKIPfK)N INITIAL SYS'I7iM Itll'Alit SYSl I M Oil IEIt FACTORS(.1946):_ J
SI I'li CLASSIFICATION(.I)48 .
PS ,
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System'r'ypc(K) SOalo rCd 5 °p �Lrd EVALUATED 11Y: . 61,7402..,, Atue'rr._� ..151p AS
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COMMENTS: .----__._-------
ltpdatcd February 2014
Catawba County Environmental Health
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Parcel: 279117112046, 1787 CRAFTON RD 1 in=60ft
HICKORY, 28602
This map/report product was prepared from the Catawba County,NC Geospallel 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 verlfcetion of any data contained on this map/report product by the user.The County of Catawba,Its employees,agents,end i
personnel,disclaim,and shell nol be hold liable for any and all7damages,lose or liability,whether direct,Indirect or consequential which arises or may
arise from this map/report product or the use(hereof by any person or entity.
Copyright 2021 Catawba County NC 07H912022
15A NCAC 18A.1945 AVAILABLE SPACE
(a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption
sewage treatment and disposal systems,based upon the square footage of nitrification field required for the long-teen
acceptance rate determined in accordance with these Rules.
(b)Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph(a)of
this Rule.The repair area shall be based upon the area of the nitrification field required to accommodate the installation
of a replacement system as specified in Rule .1955, .1956, or .1957 of this Section. Prior to issuance of the initial
Improvement Permit for a site, the local health department shall designate on the permit the original system layout,
the repair area,and the type of replacement system.
(c)The repair area requirement of Paragraph(b)of this Rule shall not apply to a lot or tract of land:
(I) which is specifically described in a document on file with the local health department on July 1, 1982, or
which is specifically described in a recorded deed or a recorded plat on January 1, 1983;and
(2) which is of insufficient size to satisfy the repair area requirement of Paragraph(b)of this Rule,as determined
by the local health department;and
(3) on which a ground absorption sewage treatment and disposal system with a design daily flow of:
(A) no more than 480 gallons is to be installed;or
(B) more than 480 gallons is to be installed if application for an improvement permit which meets the
requirements of Rule .1937(c)of this Subchapter is received by the local health department on or
before April 1, 1983.
(d)Although a lot or tract of land is exempted under Paragraph(c)from the repair area requirement of Paragraph(b),
the maximum feasible area,as determined by the local health department,shall be allocated for a repair area.
NisloryNote: Authority G.S. 130A-335(e)and(f);
Eff.July 1, 1982;
Amended Eff. February 1, 1992;July 1, 1983;January 1, 1983.
15A NCAC 18A.1945 AVAILABLE SPACE
(a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption
sewage treatment and disposal systems,based upon the square footage of nitrification field required for the long-tenn
acceptance rate determined in accordance with these Rules.
(b) Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph(a)of
this Rule.The repair area shall be based upon the area of the nitrification field required to accommodate the installation
of a replacement system as specified in Rule .1955, .1956,or .1957 of this Section. Prior to issuance of the initial
Improvement Permit for a site, the local health department shall designate on the permit the original system layout,
the repair area,and the type of replacement system.
(c)The repair area requirement of Paragraph(b)of this Rule shall not apply to a lot or tract of land:
(1) which is specifically described in a document on file with the local health department on July 1, 1982, or
which is specifically described in a recorded deed or a recorded plat on January 1, 1983;and
(2) which is of insufficient size to satisfy the repair area requirement of Paragraph(b)of this Rule,as determined
by the local health department;and
(3) on which a ground absorption sewage treatment and disposal system with a design daily flow of:
(A) no more than 480 gallons is to be installed; or
(B) more than 480 gallons is to be installed if application for an improvement permit which meets the
requirements of Rule .1937(c)of this Subchapter is received by the local health department on or
before April 1, 1983.
(d)Although a lot or tract of land is exempted under Paragraph(c)from the repair area requirement of Paragraph(b),
the maximum feasible area,as determined by the local health department,shall be allocated for a repair area.
History Note: Authority G.,S. 130A-335(e)and(f);
E,j:July 1, 1982;
Amended Eff February 1, 1992;July 1, 1983;January I, 1983.
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 detennines that the substantiating data indicate that:
(1) a ground absorption system can be installed so that the effluent will be non-pathogenic,
noninfectious,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 conic 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.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 arc 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 detennines that the substantiating data indicate that:
(1) a ground absorption system can be installed so that the effluent will be non-pathogenic,
noninfectious,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.
I5A NCAC 18A.1950 LOCATION OF SANITARY SEWAGE SYSTEMS
(a) livery sanitary sewage treatment and disposal system shall be located at least the minimum horizontal distance from the
following:
(I) Any private water supply source,including any well or spring 100 feet:
(2) Any public water supply source 100 feet;
(3) Streams classified as WS-I 100 feet;
(4) Waters classified as S.A. 100 feet.from
mean high
water mark;
(5) Other coastal waters 50 feet.Front
mean high
water mark:
(0) Any other stream,canal,marsh,or other surface waters 50 feet:
(7) Any Class I or Class II reservoir 100 feet, from
normal pool
elevation:
(8) Any permanent storm water retention pond 50 feet,from
flood pool
elevation;
(9) Any other lake or pond SO feel,from
normal pool
elevation;
(10) Any building foundation 5 feet;
(I 1) Any basement IS feet:
(12) Any property line 10 feet;
(13) Top of slope of embankments or cuts of 2 feet or more vertical height IS feet;
(14) Any water line 10 feet:
(IS) Drainage Systems:
(A) Interceptor drains, foundation drains,and storm water diversions
(i) upslope 10 feet,
(ii) sideslope 15 feet,and
(iii) downslope 25 feet;
(13) Groundwater lowering ditches and devices 25 feet;
(16) Any swimming pool IS feet;
(17) Any other nitrification field(except repair area) 20 feet;
(h) Ground absorption sewage treatment and disposal systems may he located closer than 100 feet from a private water
supply, except springs and uncased wells located downslope and used as a source of drinking water, for repairs, space
limitations,and other site-planning considerations but shall be located the maximum feasible distance and in no case less than
50 feet.
(c) Nitrification fields and repair areas shall not he located under paved areas or areas subject to vehicular traffic. If effluent
is to be conveyed under areas subject to vehicular traffic,ductile iron or its equivalent pipe shall he used. However.pipe
specified in Rule .1955(c)may be used if a minimum of 30 inches of compacted cover is provided over the pipe.
(d) In addition to the requirements of Paragraph(a)of this Rule,sites to he used for subsurface disposal for design units with
flows over 3.000 gallons per day, as determined in Rule .1949 (a) or (b) of this Section, which include one or more
nitrification fields with individual capacities of greater than 1,500 gallons per day, shall be located at least the minimum
horizontal distance front the following:
(1) Any Class I or 11 reservoir or any public water supply
source utilizing a shallow(under 50 feet)groundwater aquifer 500 feet;
(2) Any other public water supply source,unless determined to utilize a confined aquifer 200 feet;
(3) Any private water supply source,unless determined to utilize a confined aquifer 100 feet;
(4) Waters classified as SA 200 feet,from
mean high
water mark;
(5) Any waters classified as WS-1 200 feet;
(6) Any surface waters classified as WS-II,WS-III,B,or SB 100 feet;and
(7) Any property line 25 feet.
(c) Collection sewers, force mains, and supply lines shall be located at least the minimum horizontal distance from the
following:
(1) Any public water supply source,including wells,springs,
and Class I or Class II reservoirs 100 feet,unless
constructed of leakproof
pipe,such as ductile iron
pipe with mechanical
joints equivalent to
water main standards,in which case
the minimum setback may be reduced to
50 feet;
(2) Any private water supply source,including wells and springs 50 feet,unless
constructed of similar
leakproof pipe,such as
ductile iron pipe with
mechanical joints
equivalent to water main
standards, in which case
the minimum setback may
be reduced to 25 feet;
(3) Any waters classified as WS-I.WS-II,
WS-11I,B,SA,or SB 50 feet, unless
constructed of similar
leakproof pipe,such as
ductile iron pipe with
mechanical joints
equivalent to water main
standards, in which case
the minimum setback may
be reduced to 10 feet;
(4) Any other stream,canal,marsh,coastal
waters,lakes and other impoundments,or other surface waters 10 feet;
(5) Any basement 10 feet;
(6) Any property line 5 feet;
(7) Top of slope of embankments or cuts of two feet or more vertical height 10 feet;
(8) Drainage Systems:
(A) Interceptor drains,storm drains,and storm water diversions 5 feet;
(B) Ground-water lowering ditches and devices 10 feet;
(9) Any swimming pool 10 feet;
(10) Any other nitrification field 5 feet.
(I) Sewer lines may cross a water line if 18 inches clear separation distance is maintained,with the sewer line passing under
the water line. When conditions prevent an 18-inch clear separation from being maintained or whenever it is necessary for the
water line to cross under the sewer,the sewer line shall be constructed of ductile iron pipe or its equivalent and the water line
shall be constructed of ferrous materials equivalent to water main standards for a distance of at least ten feet on each side of
the point of crossing,with full sections of pipe centered at the point of crossing.
(g) Sewer lines may cross a storm drain if:
(I) 12 inches clear separation distance is maintained;or
(2) the sewer is of ductile iron pipe or encased in concrete or ductile iron pipe for at least five feet on either
side of the crossing.
(h) Sewer lines may cross a stream if at least three feet of stable cover can he maintained or the sewer line is of ductile iron
pipe or encased in concrete or ductile iron pipe for at least ten feet on either side of the crossing and protected against the
normal range of high and low water conditions,including the I00-year flood/wave action. Aerial crossings shall he by ductile
iron pipe with mechanical joints or steel pipe. Pipe shall he anchored for at least ten feet on either side of the crossing.
(i) Septic tanks,lift stations,wastewater treatment plants,sand filters,and other pretreatment systems shall not be located in
areas subject to frequent flooding (areas inundated at a ten-year or less frequency) unless designed and installed to be
watertight and to remain operable during a ten-year storm. Mechanical or electrical components of treatment systems shall be
above the 100-year flood level or otherwise protected against a I 00-year flood.
11cstnry;Vote: Authority(i.S. 130.d-3350 and D.
1ff duly 1, 1982;
Intended 1 I. ,I wuai t'1, 1990; October 1, 1982,
.'
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Amy Mikeal
1787 Crafton Rd
Hickory, NC 28602
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11Ip may1 E HPR-11-2020-36130
t�-- `J ` V Cheyanne Morgan, REHS
Catawba County Environmental Health
sup PO Box 389
Newton, NC 28658
Environmen�al Health
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