HomeMy WebLinkAboutWELL-07-2022-175262.TIF jos
catawba county
public health
June 28, 2024
Dana Overcash
110 Aqua Drive
Mooresville, NC 28117
Subject: Notice of Intent to REVOKE the Well Permit for 3543 Jefferson st;PIN:369702873564
Catawba County Permit WELL-07-2022-175262.
Dear Dana Overcash:
The Environmental Health Division of Catawba County Public Health intends to revoke your Well Permit
30 days from the date of this notice.
You must apply for a new Well Permit and meet the requirements of the current laws and rules
necessary to obtain a new Well Permit.
You have a right to an informal review of this decision.You may request an informal review by the
environmental health supervisor at the local health department.You may also request an informal
review by the 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.You may write the Office of Administrative Hearings, call the office at 984-236-
1850,or get a copy of the petition form 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 General Statutes 130A-24
and 150E-23 and all other applicable provisions of Chapter 150B.General Statute 130A-335(g) provides
that your hearing will be held in the county where your property is located.
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 June 28,2024. 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 General Statute 150B-23 to serve a copy of your petition on the Registered Agent for the
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.
2\
Department of Health and Human Services:Julie Cronin, Office of General Counsel, 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 General Statute 150B-23 that you send a
copy to the Office of General Counsel, 2001 Mail Service Center, Department of Health and Human
Services.
R tfully,
can Evans, REHS
Environmental Health Specialist
Catawba County Public Health
catawba county
public health
VOLUNTARY RELINQUISHMENT OF ADMINISTRATIVE APPEAL RIGHTS
Date prepared: 6/1212024
Owner(s): DANA OVERCASH
Mailing Address: 110 AQUA DR
MOORESVILL1,NC 28117
Properly location/site legal description: 3543JI'shhl?RSON ST,SI'll-sRRILLS FORT)NC
Pll�d: 369702873564
Improvement Permit(Il') 1MPV-07-2022-275263 Dttle Issued 7/8/2022
Authorization to Construct(AC) AUfI1-07-2022-175264 Date Issued 7/X2022
I,�0.t1G�.L DV'G k ,voluntarily relinquish my rights to pursue a fumed appeal through the North
(print full name)
Carolina Office of Administrative Hearings pursuant to NC General Statute 130A-24 and 150I3-23 and all other applicable
provisions of Chapter f 5Q13 for the above referenced pennit(s)(which includes the Ills and ACs)in order for the authorized
agent/loeal health department to issue the applicable permit(new IP and/or AC)for the site. I understand by completing this form
that the pennit(s)for a
25%reduction
(System description)
will be revoked immediately by the authorized agent/local health department.
I understand that the local health department's revocation of a permit can be appealed to the North Carolina Office of Administrative
Hearings within 30 days ofthe revocation pursuant to the North Carolina Administrative Procedure Act. t understand that in order lhr
the local health department to issue another IP and AC that the current 11'and AC must be revoked. I understand Mai the local health
department's revocation of an IP or CA is not elTectivc tmtil30 days front the revocation or,if the revocation is appealed,at the time
that the Office of Administrative Hearings issues a final decision. I understand that by signing this form and relinquishing my right to
appeal the permit revocation at the Office of Administrative Hearings that the local health department's permit revocation will become
effective immediately. I understand and agree that the revocation ofa permit that takes effect immediately is in my best interest. I
understand that by signing this form that I agree that I do not want to appeal the permit revocation.
I understand that I ant not required to relinquish my appeal rights but that this is an option available to me so I do not have to wait 30
days for the revocation of the nen it to take effect.
Signature of Property Owner. gait/if Cpp. :-)
Date Signed: 1_17`2021
NCDHHS/DPH/EHS/OSWP Revised May 2015
* catawbacountync.gov
Environmental Health
Cotowbo County Government Center
25 Government Drive PO Box 389 I Newton NC 28658 1828.465.8270
MAKING. LIVING. BETTER.
r
CArAw8A COUNTY
tIlLPublic HealthfkplcWnent SubJn coon
"," Itt:nvironroemal Health Division F'I Na 369702873564
0 PO Box 389,25 Government tkrve.Newton,NC' 28655 t.1 f to
Site Address: 3543 JEFFERSON ST,SHERRILLS FORD NC 28673
Name on Permit: TIMOTHY COLUNS
Property Size: Ades 0.94
Directions: NC 16,Left Buffalo Shoals RD.Right onto UM Mountain RD,Letat on Little Mountain RD, Left onto Jefferson
ST
,(�/� Owner/Authorized Repreentativc AcknowledgerncnI of 1'ermit Receipt
2[��i ccrtitj that I am the owner or authuriied agent(owner's authoriratitm required)representing the owner of
fe
the property described above.
tAs the property owner or authorized representative.I have received the above referenced
permit(s)as requested in the application for service RBPR-04-2022-407332,by the following method(s):
Received in Person
Facsimile Transmittal(Return farm with signature required)
I Electronic Image Transmittal/E-mail (Return receipt required)
4�As the property owner or authorized representative I have reviewed and understand the specific conditions
t/(
of the permit issued, and further understand that all applicable regulatory requirements specified under the
North Carolina Laws and Rules for Sewage Treatment and Disposal Systems(I5A NCAC 18A.1900),
and/ur Well Construction Standards(15A NCAC 2C.0100). shall apply to the issuance of this permit and
the construction of the wastewater system and/or water supply well permitted.
Permit Issue Date:07/06/2022
Owner Authorized Representative Signature
'Mt Date 7?Z.9a _...
Documentation of Permit(s)Transmittal
(permit transmitted by electronic or other means)
Permit transmitted by _ frame of person sending permit)
Signature _-- E Daterlimc I i 1/4 Z
Method: Fax f:mail �`t;s Hail Other
Owner's request to send by the above indicated method of transmittal in lieu of signature
We wentt tto hear from ywPlease ttake a few mornentts tto complette our custtomer service survey att
http://www.surveymonkey.com/s/EHCusttomerService
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CATAWBACOUNTYCase# WELL-07-2022-175262
Public Health Department Subdivision
Environmental Health Division PIN# 369702873564
PO Box 389,25 Government Drive,Newton,NC 28658 LOT I
Site Address: 3543 JEFFERSON ST, SHERRILLS FORD NC 28673
Name on Permit: TIMOTHY COLLINS
Property Size: Acres 0.94
Directions: NC 16, Left Buffalo Shoals RD, Right onto Little Mountain RD, Lefet on Little Mountain RD, Left onto Jefferson
ST
NEW WELL PERMIT
VARIANCE WELL
See attached state well variance approval for well construction standards and setbacks.
PERMIT CONDITIONS
Well must be kept minimum: 15'from power lines,25'from building foundations,60'from any part of septic
system.
Well driller shall contact EHS at(828)851-6547 1 week prior to installation for preconstruction conference.
Wells shall be constructed in accordance with state regulations:
Article 15A North Carolina Administrative Code Subchapter 2C
The well driller must verify all setbacks before drilling the well. If the well driller is unable to maintain the
required setbacks,contact Catawba County Environmental Health at 828-465-8270, before drilling the well
Casing Height: 12 inches minimum above finished grade
All newly constructed private drinking water wells are required to be sampled in accordance with the North Carolina Rules Regarding Private
Drinking Water Well Testing(15A NCAC 18A.3800).The fee for this sampling is included in the cost of the well permit.It is the applicant or
property owner's responsibility to notify Environmental Health when the well is ready for sampling.Water samples will be drawn from an
outside faucet unless otherwise specified.For questions or for more information,please contact Environmental Health.
,Ife............. ice„ E„.„.
08/15/2022
Authorized State Agent Permit Issuance Date
8/15/2027
Permit Expiration Date
08/17/2022 22:58
i
�d �F=•.,„, a ROY COOPER • Governor
;'//, �'_�'', NC DEPARTMENT OF
, r• KODY H. KINSLEY • Secretary
jig HEALTH AND HELEN WOLSTENHOLME • Interim Deputy Secretary for Health
� aT HUMAN SERVICES P
.,,"' ".� MARK T. BENTON •Assistant Secretary for Public Health
Division of Public Health
Onsite Water Protection Branch
August 12, 2022
Tim Collins
Dana Overcash
151 Capital Ave#3213
Mooresville,NC 28117
Re: Approval No. JMB2724
Private Well Located Less Than 100' from a Septic System [Rule 15A NCAC 2C
.0107(a)(2)(C)]
Property location:
3543 Jefferson St
Sherrill's Ford, NC 28673
Dear Mr. Collins and Ms. Overcash:
On August 11, 2022, the On-site Water Protection Branch received your request for a
variance from the Well Construction standards, Title 15A North Carolina Administrative
Code Subchapter 2C .0100. The request for a variance concerns a proposed water supply
well on the referenced property. The closest septic system is more than fifty feet away
from the proposed well, but closer than the required one hundred feet. The well is to
serve two or more homes.
Specifically, the variance grants you permission to construct a water supply well at a
distance closer than the one-hundred-foot setback to a septic system. Achieving the one-
hundred-foot setback would be difficult given the challenges of the property.
Based upon information provided by Catawba County Health Department, and the
property owner, it is my finding that based upon current conditions as the site exist
today (as well as the current proposal for use of the structure) you meet the conditions
necessary for approval of a variance as specified by 15A NCAC .0118 (a) (1) and(2).
On that basis and if the following conditions are met, the requested variance is
approved:
NC DEPARTMENT OF HEALTH AND HUMAN SERVICES • DIVISION OF PUBLIC HEALTH
LOCATION:5605 Six Forks Road, Raleigh, NC 27609
MAILING ADDRESS:1642 Mail Service Center, Raleigh, NC 27699-1642
www.ncdhhs.gov • TEL: 919-707-5874 • FAX:919-845-3972
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
1) The new water supply well shall be constructed of either PVC, steel or galvanized
metal casing.
2)The well shall be located as far as possible from any septic system or repair area,
depending upon where the well rig can actually set up, will possibly encroach upon the
100foot setback, but no closer than 60feet.
3) A pre-construction meeting with the Catawba County Health Department staff is
required to ensure that the maximum possible distances are achieved.
4) The well will be required to have casing installed to a minimum of 50 feet below land
surface and 10 feet into bedrock. If bedrock is encountered at a depth greater than 50feet,
then casing must extend 10 feet into bedrock.
5) Grout will be required the entire length of the casing from land surface into bedrock.
6) A drill bit with a diameter of a least one third greater than the diameter of the casing
must be used to drill the cased portion of the well.
7) Grout must be either pumped into place with the use of a tremmie pipe or pressure
method.
8) If a full-length grout is not possible due to site conditions,then a packer-liner must
be installed in the well. The liner must extend at least five feet beyond the end of the
casing and grouted entirely with a neat cement grout.
9) Any improperly located or constructed wells or wells no longer in use, shall be
properly abandoned in accordance with the Well Construction Standards.
The granting of this variance is for the well location only. It in no way relieves the owner
or agent from other requirements of the North Carolina Well Construction Standards
including, but not limited to the requirements in 15A NCAC 2C .0113(b)to repair or to
abandon any well which acts as a source or channel for the migration of contamination.
This approval does not imply sufficient water quality. Further, the approval does not
relieve your responsibility to comply with any other applicable Federal, State, or local
laws or regulations.
If you have any questions regarding this variance, please contact me at (828) 713-3335.
Sincerely,
John M. Brooks R.E.H.S, MS
2
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Area of Interest (AO1) Information
Area : 3,134,508.76 ft2
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