HomeMy WebLinkAboutEHPR-04-2022-40754.TIF catawba county
public health
June 6, 2022
Kevin Cox
2112 Arney St,
Lincolnton NC 28092
Re: Application for Improvement Permit for property site 3438 Sweetgum Ln, Lincolnton NC 28092 Health
Department file number EHPR-04-2022-40754.
Dear Kevin Cox:
The Catawba County Health Department, Environmental Health Division on 5/24/2022,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 home 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:
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
Catawba 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,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 6/6/2022. 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 150B-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,
Cheyanne Morgan, REHS
Environmental Health Special t
Enclosures: Site evaluation
Rule.1945 and .1948
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 I, 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(n;
l ff July 1, 1982;
Amended Eff. February 1, 1992;July 1, 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 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 determines 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);
Elf July 1, 1982;
Amended Eff. April 1, 1993;January 1, 1990.
DEPARTMENT OF I IALTH AND HUMAN SERVICES Shea_L of I
DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID 4: ) Z 37//
ON-SITE WATER PROTECTION BRANCH COUNTY: a�a,ya ia
SOIL/SITE EVALUATION
for ON-SITE WASTEWATER SYSTEM
//�� (r (Complete all fields in full) I
OWNER: Po�Qld 14rntrtid _ APPLICATION DATE ! /IIADDRESS:_aq5 MMZ'I& Lim,ra/n-ivrt U, / (;graG,40� Z�D DATEEVALUATED:_
PROPOSED FACILITY: i e . , ,u, PROPOSED DESIGN FLOW(.1949): 3 Y PROPERTY SIZE: 0.'l , ac &c
LOCATION OF SITE: 3(/ 51.00G4-Qkrrt 1141 (in 6.1p- ,, AK 781ff1 PROPERTY RECORDED;
WATER SUPPLY: Wi5rivate 0 Publi( Q'WeII 0 Spring 0 Other
EVALUATION METHOD: 0 AuerFi Boring FeI it 0 Cut TYPE OF WASTEWATER: Viewage 0 Industrial Process 0 Mixed
• • •
P
o SOIL MORPHOLOGY OTHER
F (.1941) PROFILE FACTORS
1 .1940
L E LANDSCAPE HORIZON
POSITION/ DEPTH .1942 PROFILE
M SLOPE•/. (IN.) .1941 .1941 SOIL .1943 .1956 .1944 CLASS
STRUCTURE/ CONSISTENCE/ WETNESS/ SOIL SAPRO RESTR <AR
TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ
L S 0—Q C V fir,.$Sir 54? 5
9-31 C wJal{ Fkr 5 s s
1 39-5S C WgBK rs's / 545
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LS 0-33 C 1.4).5y r1r,5s(,5)
3e-5 0 C W>�k. fir 5 5 Sxc " P
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704 D. 175
S 0-V3 C c,456K .fr S,$ Sw
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DESCRIPTION •INTIIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): LA,
Available Space(.1945) Ps t f SITE CLASSIFICATION(.1948): (A
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SystemType(s) 1J//►►��' 3
EVALUATED BY:
OTHER(S)PRESENT: blipdvf ,f�(Qrr1a,,
Site LTAR 50010 ,red I
COMMENTS:
Updated February 2014
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Parcel: 361702565719, 3438 SWEETGUM LN lin=40ft
LINCOLNTON, 28092
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06/06/2022
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2112 Arney St
Lincolnton, NC 28092
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R E C E I V E DH PR-04-2022-40754
Cheyanne Morgan, REHS
Catawba County Environmental Health
J 1 ;_22 PO Box 389
Newton, NC 28658
EnvironmPrital Health