HomeMy WebLinkAboutRBPR-10-2022-42527.TIF catawba county
public health
February 24, 2023
Ted Engborg
2512 Camelia Pointe Dr
Sherrills Ford, NC 28673
Re: Application for Improvement Permit/Authorization to Construct for property site 7832 Sherills Ford Rd,
Sherrills Ford NC 28673 Health Department file number RBPR-10-2022-42527
Dear William Ashburn:
The Catawba County Health Department, Environmental Health Division on 1/20/2023, evaluated the above
referenced property at the site designated on the plat/site plan that accompanied your Improvement/
Authorization to Construct permit application. According to your application the site is to serve a 4-bedroom
duplex 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:
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)
X 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 2/24/2023. 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 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,
Robbie Phelps, REHS
Environmental Health Supervisor
Enclosures: Site evaluation
Rule .1940, .1943, .1945, and .1948
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Sheet^of
DIVISION OF ENVIRONMENTAL HEALTH PROPERTY ID#:
ON-SITE WASTEWATER SECTION COUNTY:
SOIL/SITE EVALUATION
,�o r for ON-SITE WASTEWATER SYSTEM
OWNER: 1 rl APPLICATION DATE
ADDRESS: 7&3 - 1 h-,,r,kilt Fo,11 DATE EVALUATED: I-10-2-3
PROPOSED FACILITY: L1 I5 Bs P.i -X' PROPOSED DESIGN FLOW(.1949): `1 R 0 PROPERTY SIZE: 0.7 6 4-
LOCATION OF SITE: PROPERTY RECORDED: tor/
WATER SUPPLY: 0 Private ErPubIic 0 Well 0 Spring 0 Other
EVALUATION METHOD: 0 Auger Boring a-Pit 0 Cut
TYPE OF WASTEWATER: Eriewage 0 Industrial Process 0 IvExed
:::::::::::::::::::::
..............--......
::its ............................ ,,. ,
„••:::: ::SOIL Mok OLO.G�'.....................................OTHER
(1941) E PtOF1LE FACTORS 1
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' .........:................ . .1942 •
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: :::: -..... ......-.. - ZON............. 1941:................... . 941 :.......Stf1J, I945::::: _.........I956............:i94d
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:::::::: :SLOPE%E? -(IN ...- TIDTURid:::::: :::::::::::MII�ERA3;OGY......: CQLOR:::::::::DEFT11:: ::::: ;As$::::-::::HoRIZ.... :CT S
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DESCRIPTION II.'ITIAL SYSTEM I REPAIR SYSTEM OTHER FACTORS(.1946):
Available Space(.1945) -S' 1 u SITE CLASSIFICATION(.1948):_ bi
System Type(s) (i-7o I EVALUATED BY: /2-U l 416' , 'iu,r
/f OTHER(S)PRESENT: Y.S:11A,�rm /=ors/'•-4A-
Site LIAR j 275 L7 ,, 0.-l.nd1 4,,aY / r t 1
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Parcel: 460904805173, 7832 SHERRILLS FORD 1 in=40ft
RD SHERRILLS FORD, 28673
This map/report product was prepared from 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
02/13/2023
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Parcel: 460904805173, 7832 SHERRILLS FORD 1 in=40ft
RD SHERRILLS FORD, 28673
This map/report product was prepared from 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
02/13/2023
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.
(c) 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(;.S. 130A-33 5/e);
E,7 Jul' 1. 1982;
Amended Eff:January 1, 1990.
ISA NCAC 18A.1943 SOIL DEPTH
(a) Soil depths to saprolitc,rock,or parent material greater than 48 inches shall bc considered SUITABLE as to soil depth.
Soil depths to saprolitc,rock,or parent material between 36 inchcs and 48 inches shall be considered PROVISIONALLY
SUITABLE as to soil depth. Soil depths to saprolitc, rock, or parent material less than 36 inchcs shall be classified
UNSUITABLE as to soil depth.
(b) Where the site is UNSUITABLE with respect to depth,it may bc reclassified PROVISIONALLY SUITABLE after a
special investigation indicates that a modified or alternative system can be installed in accordance with Rule.1956 or Rule
.1957 of this Section.
History Note: Authority G.S. 130A-335(e):
EQ.July 1, 1982:
Amended Eff August 1, 1988. Q
1SA NCAC 18A.1945 AVAILABLE SPACE
(a) Sites shall have sufficient available space to permit thc 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. Thc 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) Thc 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 I, 1983;and
(2) which is of insufficient size to satisfy thc repair arca 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
betorc April I. 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 arca.
History Note: Authority G.S. 13t 4-335(e)and(I):
Eff July 1, 1982:
Amended 4ff February 1, 1992;July 1. 1983;January 1. 1983.
I5A 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 ofa ground
absorption sewage trcatmcnt 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 ifa 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 trcatmcnt 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 Note: Authority G.S, 130.1-335fct:
Eli:Jule 1, 1982:
Amended EfJ`:April 1. 1993;January 1, 199fR.