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Home My WebLink AboutEHPR-04-2022-40784.TIF catawba county public health May 26,2022 John Miller PO Box 458, Denver, NC 28037 Re: Application for Improvement/Authorization to Construct Permit for property site 5109 Pelican Point Dr, Denver NC 28037 Health Department file number EHPR-04-2022-40784. Dear Mr. Miller: The Catawba County Health Department, Environmental Health Division on 05/16/2022,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 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) 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 (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 Authorization to Construct 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 05/26/2022. 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, James R Ross, REHS Environmental Health Specialist Enclosures: Site evaluation Rule .1945, .1948 and .1950 icA catamibaMcounty Geospatial11, r Services Real Estate Search 159.45 pE_iCA�1 pp1NS DR 138.47 - X .\ 0 - )6, L /- , ___________ ..._____ CZ ,72ir---- '4'4(1/ 1 f-r‹.":). 0..jev L 61-- 1,6,_ IA a� �- _ �P I 1, I , , i/Ab t... it ti . ti).4' \ Cr) • ti?7'� ' r- "1414 k-13 \ 1.10A •0 ' ,Qb Vic, °G a - /,- L._.(,.... ..,3, //2 .--;fezi ... ./K cis a = % cam le----,At. 15Q 6-)1 a f ,t3s., ' 0,-,)-5 ._ ____- 46 t ,;i•� 2z ,[6. 1 2. 3-51 351 1 a.5 ...,..; .:,, N `'( C 1 in=60ft w+e ) s t ,5 '� I1e ' Parcel: 369604746098, 5109 PELICAN POINT DR DENVER, 28037 Owners: RONEL ENTERPRISES INC, Owner Address: 6600 PROVIDENCE CHURCH RD Values - Building(s): $0, Land: $50,300, Total: $50,300 This maplreport produetwes prepared front the Catawba County'NC Geospatial 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 verification of any data contained on this map/report product by the user.The County of Catawba,Its employees,agents.and personnel,disclaim,and shall not be held liable for any and all damages,loss or liability,whether direct,indirect or consequential which arises or may arise from this map/report product or the use thereof by any person or entity. • Copyright 2021 Catawba County NC • 03/22/2022 • • DEPARTMENT OF HEALTH AND HUMAN SERVICES Shut of DIVISION OF PUBIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID N: ON-STIR WATER PROTECTION BRANCH COUNTY: Catawba SOILJSITE EVALUATION for ON-SITE WASTEWATER SYSTEM (Complete all fields is AM) OWNER: J 0)n //A 111 C APPLICATION DATE_ ADDRESS: _DATE EVALUATED: 022 PROPOSED FACILITY: PROPO3 DESIGN FLOW(.1949):--�_ PROPERTY SIZE: —�" LOCATION OF SITE: y 1.� - PROPERTY RECORDED: WATER SUPPLY: 0 Private biic 0 Well U Spring f1 Other EVALUATION METHOD 0 Auger Boring tt 0 Cut TYPE OF WASTEWATER: eLLS age U Industrial Frocess Ll Mtxed %��ris .. {`�' ts�`d t` F� � :rp 1 ''. � x +t+ �, p' I Y.' �J Y "�• +.�' ti '" ' `n, `tt, '4'ki { t . ,fl* I I" i Sli yt d y r'�i �I�; yy1�y f + atwyla �� b y'.�i. 1 to k,."�:'.� �fi..,m,14��i1. 1 f"'�'� ��1 ��4 •� t 1�} � "� t.• y1` ��h, i� '�d Y I ��7 �`"'�.a j�, �'��'S rn tp,�p� " a �•; x- t t.', ''�� iti yu , ' ,�;; '.rye '�� K ry d r �r F ' 1,� k �:.. iJ r. � t � 4 h �i I 5 � �� I � it� i.�.� f4,f r M� P... 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S- 4 / DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): •Able Space(.1945) 10 p/� !� SITE CLASSIFICATION(.1948): systlinType(3) IA EVALUATED BY: •*-1.---t.-- OTHER(S)PRESENT: Site LTAR i 3..s. 1 3 c COMMENTS: 1 Updated Febr$ary 2014 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-tcnn 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. History Note: Authority G.S. 130A-335(e)and(I); Eff.July 1, 1982; Amended Eff. February I, 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 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: (l) 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. 15A NCAC 18A.1950 LOCATION OF SANITARY SEWAGE SYSTEMS (a) Every sanitary sewage treatment and disposal system shall be located at least the minimum horizontal distance from the following: (1) 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.from mean high water in ark; (b) Any other stream,canal,marsh,or other surface waters 50 feet; (7) Any('lass 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 50 feet,from normal pool elevation; (10) Any building foundation 5 feet; (II) Any basement 15 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; (15) Drainage Systems: (A) Interceptor drains,foundation drains,and storm water diversions (i) upslope 10 feet, (ii) sideslope IS 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 front a private water supply, except springs and encased 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 tinder paved areas or areas subject to vehicular traffic. Ifeflluent 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 (e)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 from the following: (I) Any Class I or II reservoir or any public water supply source utilizing a shallow(under 50 feet)groundwater aquifer SOO 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-I 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 he located at least the minimum horizontal distance from the following: (I) 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 he 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-ll, WS-III,B,SA,or SI3 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 he 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; (13) Ground-water lowering ditches and devices 10 feet; (9) Any swimming pool 10 feet; (10) Any other nitrification field 5 feet. (1) 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 be 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 100-year flood/wave action. Aerial crossings shall be by ductile iron pipe with mechanical joints or steel pipe. Pipe shall be 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 stone. Mechanical or electrical components of treatment systems shall be above the 100-year flood level or otherwise protected against a 100-year flood. //islory;Vote: Authority G.S.. 130 r-335(e)and(/). l ff July 1, 1982; Amended lslf January 1, 1990; ()ember 1, 1982. U.S. Postal Service" CERTIFIED MAIL° RECF'PT r- f` Domestic Mail Only , N For delivery information,visit our website at www.usps.com®. a John Miller RR IT' Certified Mail Fee Extra Services&Fees(check box,add fee as appropriate) \ O ❑Return Receipt(hardcopy) S // 7 af d ['Return Receipt(electronic) S to/post (' 7 O ❑Certified Mail Restricted Delivery $ CO Here ti O ❑Adult Signature Required S jj��ntant' \ ❑Adult Signature Restricted Derwin, `$ z` O Postage ru $ yAao � ra Total Postage and Fees a EHPR-04-2022-40784 a sent To John Miller O gtreet and ApPO.,B Mro. r- t"ify;-giaie;zDenve e;NC 28037 Certified Mail service provides the following benefits: •A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail •A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the •A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal ServiceI"Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: ult • ice,which requires the •You may purchase Certified M ED' 21 years of age(not First-Class Mails,First-Class � v or Priority MailV'service. -Adult signature restricted delivery service,which ■Certified Mail service is not available for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified ■Insurance coverage is not available for ppli* fse pp by rr��►�2e�qq to the addressee's authorized agent with Certified Mail service.However,lhB asc O(no Caleat retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. LISPS postmark.If you would like a postmark on ■for an additional fee,and witl raper is Mg'rI(eceipt,please present your endorsement on the maifpiec lkfljQlft(inet i$ aftnt a Post Office"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 10 your mailpiece; IMPORTANT.Save this receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Sig :ture • Print your name and address on the reverse ) r 0 Agent so that we can return the card to you. X •�� 0 Addressee III this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑ No John Miller PO Box 458 Denver, NC 28037 3. Service Type ❑Priority Mail Express® III IIIII I I I I III I I I I I i ( III 0 Adult Signature Registered 0 Adult Signature Restricted Delivery r Delivery9590 9402 6545 1028 0685 75 ❑Certified MalRestricted Delivery o Confl natlonTM 0 Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑insured Mail 7015 1 5 2 0000 3290 6773 ❑(ove 00) Insuredr$5 Mall Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 6545 1028 0685 75 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service 1 L 0 71 V E DEH PR-04-2022-40784 l), ;022 James R Ross, REHS Catawba County Environmental Health PO Box 389 Environmental Health Newton, NC 28658