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Home My WebLink AboutEHPR-04-2022-40846.TIF (3) catawba county public health June 19,2023 Jerry&Tammy Cook 7031 Wilson Rd Sherrills Ford, NC 28673 Re: Application for Authorization to Construct for replacement of septic tank only; 7031 Wilson Rd, Sherrills Ford, NC; Health Department file number EHPR-04-2022-40846 Dear Mr.&Mrs. Cook: The Catawba County Health Department, Environmental Health Division on 11/28/2022,evaluated the above referenced property for a replacement septic tank only.According to your application,the site serves an existing 3-bedroom home with a design wastewater flow of 360 gallons per day.You requested a replacement septic tank only with reconnection to the existing drainfield.The site 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 .1950,the evaluation indicated that the site is UNSUITABLE for a replacement septic tank.There is insufficient space to set a new septic tank that meets the required 50 ft.well setback.Therefore,we must deny your request for an Authorization to Construct,replacement of septic tank only. A copy of the site plan 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) 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 Catawba County Government Center 25 Government Drive I PO Box 389 I 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 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, 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 150B-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 6/19/2023. 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 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, I Dean Evans, REHS Environmental Health Specialist Enclosures: Site plan Rule.1948, .1950 Catawba County Environmental Health 700 .,„ ,sO N,Q O 99.70 a 7021 0 'vp Qi \ • 7r31• r6-0 • 17 Prbar„"4�c ;cid• s°� I Parcel:460803013175, 7031 WILSON RD 1in=40ft SHERRILLS FORD, 28673 This map/report product was prepared from tho Catawba County,NC Goospallol Information Services. Catawba County has made substantial efforts to ensure the accuracy of location end 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 end 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 parson or entity. Copyright 2021 Catawba County NC 11/29/2022 l5A `CAC 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 ofa ground absorption sewage treatment and disposal system or have slight limitations that arc readily overcome by proper design and installation. (b) Sitcs 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 he 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: (I) a ground absorption system can be installed so that the effluent will be non-pathogenic.non-infectious, 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,Now: Authonty G.S. 130.1-335(0; Ef.July 1. 1982: Amended Elf April 1. 1993:.1aautriy 1, 199o. ISA NCAC 18A.1950 LOCATION OF SANITARY SEWAGE SYSTEMS (a) Every sanitary sewage trcatmcnt 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: 15) Other coastal waters 50 feet-from mean high water mark: (6) 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; 18) 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 15 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 15 feet.and (iii) downslope 25 feet; (B) Groundwater lowering ditches and devices 25 feet; (16) Any swimming pool 15 feet; (17) Any other nitrification field(except repair area) 20 feet; (b) Ground absorption sewage treatment and disposal systems may be located closer than 100 feet from a private water supply.except springs and uncascd wells located downslopc 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 be 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 be used. However,pipe specified in Rule.1955(c)may he 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 be 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 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-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 be 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 resen•oirs 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\VS-I.WS-II. DVS-1II.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 ID fort; (6) Any property line 5 feet; (7) Top of slope of embankments or cuts of two feet or more vertical height IOfmt (8) Drainage Systems: (A) Interceptor drains,storm drain::,and storm water diversions 5 feet: (B) Ground-water lowering ditches and devices 10 feet: (9) Any swimming pool 10 feet: (I0) Any other nitrification field 5 feet. Cl) 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: (1) 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 ot'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 floods 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 storm. Mechanical or electrical components oftrcatment systems shall be above the 1(X)-year flood level or otherwise protected against a 100-year flood. History Note: Authority G.S. 130A-33510 and(1): Eli:July 1, 1982: Amended Ef.January 1. 1990; October 1, 1982. U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT 0 Domestic Mail Only O For delivery information,visit our website at www.usps.com'°. cookry Health QED., ..o Certified Mail Fee tr) $ N0C ;-\ m Extra Services&Fees(check box,add lee as eppropda ❑Return Receipt(herdcopy) $ Q0 Return Receipt(electronic) $ t� "�,PdStm d�a ❑Cen�ed Mail Restricted Delivery $ .,"//Hel O ❑Adult Signature Required $ n ['Adult Signature Restricted Delivery$ �� p Postage �Io� 09) t� $ ',03'-99 fr Total Postage and Fees s EHPR-04-2022-40846 IllSentTo Jerry&Tammy Cook Q 'street and Apt T Witgafl Rd N City State,Z1S}ijVrriifs Ford, fvC 28673 Certified Mail service provides the following benefits: •A receipt(this portion of the Certified Mall 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. 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I U N 2 2 �s delivery to the addressee specified •Insurance coverage is notavallable fbr purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with taiac a as I roof of mailing,If should bear a certain Priority Mail items. OnmBnSou would like a postmark on •For an additional fee,and r this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.It you don't need a postmark on this -Return receipt service,which provides a record Certified Mall receipt,detach the barcoded portion of delivery(including the recipients signature). of this label,affix it to the mailpiece,apply You can request a hardcopy retum 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 to your mailpiece; IMPORTANT:Save this receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-000-9047