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Home My WebLink AboutEHPR-01-2022-39799.TIF G) catawba county public health July 5, 2022 Steven Hughes 5018 Honda Dr Hickory, NC 28602 Re: Application for Improvement Permit for 5188 Whitener Rd, Hickory,NC 28602. Health Department file number EHPR-01-2022-39799. Dear Mr. Hughes, The Catawba County Health Department, Environmental Health Division on 4/13/2022 and 4/20/2022, 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 3 Bedroom House with a design wastewater flow of 360 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: X 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) 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 Cotowbo County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270 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, 1711 New Hope Church Rd, Raleigh,NC 27609. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at 984-236- 1850 or download it from the OAH web site at http://www.oah.nc.gov. 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 7/5/2022. 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 150B-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, V Eric Price,REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1948 Rule.1940 Rule.1945 xZ ce -41.- x • / 41IT r k if -�� / Alpfr,.. 4.4. \ jpdp ..! • \ y ' VulT.r •-A (% VI Department of Environment,Health,and Natural Resources Sheet: 1 of 1 Division of Environmental Health Property ID: 360901052234 On-site Wastewater Section Lot#: SOIUSITE EVALUATION File#: for ON-SITE WASTEWATER SYSTEM AppID: EHPR-01-2022-39799 Owner: Steven Hushes Application Date: 1l21/202a Address: 5018 Honda Dr,Hickory,NC 28602 Date Evaluated: 4/13/2022 Proposed Facility: 3 BR House Design Flow(.1949) 360 GPO Property Size: 2.533 acres Location of Site: 5188 Whitener Rd,Hickory.NC 28602 Property Recorded: Water Supply: [X]Private Well [ ]Public Water [ ]Spring [ ]Other Evaluation Method: [X]Pits [ ]Auger Boring [ ]Cut Type of Wastewater: [X]Sewage [ ]Industrial Process [ ]Mixed 1+ �JJ..: � .is IBC.= ,I ,. ( 'i - m1 9 • �N • g e `i , a .4 , a, r,.. [ _ b!� vw., w•r. F N 4d',j 1. II r { , r,'1 z, } 1 a r I'5I II t�I 9 ...,.1 .w.i i t}dF-,,, ,n....s.m,a.u.t,✓,wN.a °� f 5 .f uk41t t '51 ! '! �N �`�'. h} . ._YLK..d L.wI L«i,..xM.mtl.n,1 FS 0-48 SCL/wSBK FR,SS,SP,SEXP 7.5YR 5/4 @ 48" 48" PS 5 8% 0.275 2 L 0-24 C/SBK FR,SS,SP,SEXP 48" PS 5-8% 24-48 C/wSBK FR,SS,SP,SEXP 10YR 6/6 @ 42" 0.275 Description Initial System Repair System Other Factors(.1946): Available Space(.1945) Soil Evaluation By: Eric Price System Type(s) Others Present: Site LTAR Site Classification(.1948): P� Site Evaluation By: Others Present: 15A NCAC 18A.1940 TOPOGRAPHY AND LANDSCAPE POSITION (a)Uniform slopes under 15 percent shall be considered SUITABLE with respect to topography. (b) Uniform slopes between 15 percent and 30 percent shall be considered PROVISIONALLY SUITABLE with respect to topography. (c)Slopes greater than 30 percent shall be considered UNSUITABLE as to topography. Slopes greater than 30 percent may be reclassified as PROVISIONALLY SUITABLE after an investigation indicates that a modified system may be installed in accordance with Rule .1956 of this Section; however, slopes greater than 65 percent shall not be reclassified as PROVISIONALLY SUITABLE. (d)Complex slope patterns and slopes dissected by gullies and ravines shall be considered UNSUITABLE with respect to topography. (e)Depressions shall be considered UNSUITABLE with respect to landscape position except when the site complies essentially with the requirements of this Section and is specifically approved by the local health department. (f) The surface area on or around a ground absorption sewage treatment and disposal system shall be landscaped to provide adequate drainage if directed by the local health department. The interception of perched or lateral ground- water movement shall be provided where necessary to prevent soil saturation on or around the ground absorption sewage treatment and disposal system. (g)A designated wetland shall be considered UNSUITABLE with respect to landscape position,unless the proposed use is specifically approved in writing by the U.S.Army Corps of Engineers or the North Carolina Division of Coastal Management. History Note: Authority G.S'. 130A-335(e); Eff.July I, 1982; Amended Eff.January 1, 1990. 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-term 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 pennit 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(1); Eff.July 1, 1982; Amended Eff. February 1, 1992;July I, 1983;January 1, 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: (I) 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 I, 1982; Amended Eff.April 1, 1993;January 1, 1990. U.S. Postal Service' . CERTIFIED MAIL® RECEIPT ildln rlru .Domestic Mail Only 01-11.‘"cr— " ."cfrao rek5Org.ME... Er For delivery inf ormation,visit our website at www.usps.com®. rr m ' 0 VrigtresQ C 0 M L USE . Certified Mall Fee • W1 ru $ Extra Services&Fees(check hair;tro'd fee es appropriate), ..-•-.4 1„- -4, N C 0 Return RecelPt(herd$OPY) $ rq -k/ iC CPCP o _ 0 Return Receipt meetradd $ 9 N P c U Certified Mall Resbleted DelNery,„S U itk al •,;, a 0 Adult Signature Roclubyd Si : ['Adult Signature Restricted Delbsy$ . -\ 0 Postage ' in rr a ci Tousposumeandreetiffrca 10.r-t fv-1 USPS 2/ $ EHPR-01-2022:39799r.—pc- "• 2 sent To Steven Hughes C 61reelandAPStellirciadt0( r- . . Wirtiall2111-iekory,-NC28602 1 I Certified Mail service provides the followingbenefits: •A receipt(this portion of the Certified Mail label)., , loran electronic return receipt,see a retail •A unique identifier for your mailpiece: associate for assistance.To receive a duplicate •Electronicverification of delivery or attempted p. return receipt for no additional fee,present this' delivery. f1 '7 .r1-4.4,,-.• 1USPSgb-postmarked Certified Mall receipt to they t' •A record of delivery(including the recipient's retail associate. signature)that Is retained by the Postal Service'" -Restuctod delivery service,which provides for a specified period. • delivery to the addressee specified by name,or f to the addressee%authorized agent .- Important Reminders: se0.rvice,which requires the •You may purchase CortiffRrst-Ciass Malt*, l� �y8�/�y 00 Bast 21 years of age J or Priority Mar service. • • EI-Adult signature restricted delivery service,which •Certified Mail service is au/available for requires the signee to be at least 21 years of age. 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PS Foes 38OO,Apra 2015(Reverse)PSN 753602-000-9047 - ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ONDELIVERY, • Complete items 1,2,and 3. A. Sign ▪ Print your name and address on the reverse _ ❑Agent so that we can return the card to you. X ��.__-_. s, r:' WM 0 Addressee • Attach this card to the back of the mailpiece, C. Date of Delivery or on the front if space permits. • - (i. a 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑ No Steven Hughes 5018 Honda Dr Hickory;'NC 28602 . 111111111111111111111111111111111111111ice Type dullSgnture Restricted Denvery ❑0 Reais Registered Restricted 9590 9402 7152 1251 8034 32 ❑Certified Mail Restricted Delivery 0 Signature ConflnnatlontM ❑Collect on Delivery 0 Signature Confirmation 2.-Article.Number(fransfer from servIcce label) 0 Collect on Delivery Restricted Delivery Restricted Delivery - - I 0 Insured Mall \ 7021 0950 0001 2503 9921 1 0Insuedl Restricted Delivery over$se0Mt I It Eoirh 3811,iu1y 2020 PSN 7530-02!000-90531 I I Domestic Return Receipt USPS TRACKING# First-Class Mail I I(I III I US PS G-1O Postage o. Paid Permit No.G-10 9590 9402 7152 1251 8034 32 United States •Sender:Please print your name,address,and ZIP+49 in this box Postal Service RECEIVEIPRPrice,OREHs 9799 Catawba County Environmental Health JUL 1 5 202 POBox3,89 Newton, NC 28658 Environmental Health �Ihlln111��119111"'p�llr'�'I'll�llll�'ll�'�IIII� �III�Ih1�