HomeMy WebLinkAboutEHPR-02-2021-36885.tif catawba county
public health
December 28, 2021
MRH Land Holdings LLC
PO Box 620013
Charlotte, NC 28262
Re: Application for Improvement Permit for property site 4354 River Run Cir, Hickory NC 28602 Health
Department file number EHPR-02-2021-36885.
To Whom It May Concern:
The Catawba County Health Department, Environmental Health Division on 4/9/2021,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 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, 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)
X 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)
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
Catawba County Government Center
25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270
MAKING, LIVING. BEIM ,
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 12/28/2021. 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,
(t4417jv
Cheyanne Morgan, REHS
Environmental Health Specialist
Enclosures: Site evaluation
Rule.1948