HomeMy WebLinkAboutRBPR-11-2022-42762.TIF catawba county
public health
January 25, 2023
Brent Curtis
5011 Kiser Island Rd,
Terrell, NC 28682
Re: Application for Improvement/Authorization to Construct Permit for property site 5011 Kiser Island,
Terrell,NC 28682 Health Department file number RBPR-11-2022-42762.
Dear Brent Curtis,
The Catawba County Health Department, Environmental Health Division on 01/10/2023,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 home and a 1 bedroom detached accessory dwelling with a design wastewater flow of 720 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(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
Cctcwbo 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,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 01/25/2023. 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 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,
"4-.-,,-- Z- /.gz-i_
James R Ross, REHS
Environmental Health Specialist
Enclosures: Site evaluation
Rule .1945 and .1948
DEPARTMENT OF HEALTH AND HUMAN SERVICES Sheet_of
DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID#:
ON-SITE WATER PROTECTION BRANCH
COUNTY: Catawba
SOIL/SITE EVALUATION
for ON-SITE WASTEWATER SYSTEM
(Complete all fields in full)
OWNER: BrebNe CI Ix 4 l.....5 APPLICATION DATE
ADDRESS:
DATE EVALUATED:
PROPOSED FACILIT5156hthE 21),02rEetDjEStN__FLONW949): PROPERTY SIZE:
LOCATION OF SITE: t:ScV -1 , 7 -ri-42/S)-- PROPERTY RECORDED:
WATER SUPPLY: 0 Private 0 Public [Viler U Spring 1-1 Other
EVALUATION METHOD: 0 Aurr Boring iirgit 0 Cut TYPE OF WASTEWATER: 17-U<vage 0 Industrial Process D Mixed
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DESCRIPTION INMAJ-SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946):
G5' SITE CLASSIFICATION(.1948): --
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EVALUATED BY: 4 ,/..a?
System Type(s)
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COMMENTS:
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Updated February 2014
. • aj Catawba County Environmental Health
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Parcel: 461604629522, 5011 KISER ISLAND RD�\ _ j`j 1 in=60ft
TERRELL, 28682 !C,
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"r. This map/report product was prepared from the Catawba County,NC Geospatial Inf n Serviy
. atawba County has made ubstantial efforts
to.ensure the accuracy of location and labeling information contained on this map or data on this report.Catawba County promote 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,indir t nsequential which arises or may
arise from this map/report product or the use thereof by any person or entity.
Copyright 2021 Catawba County NC i
11/14/2022
(j) Where the site is UNSUITABLE with respect to soil wetness conditions, it may be reclassified PROVISIONALLY
SUITABLE if a modified,alternative or innovative system can be installed in accordance with 15A NCAC 18A.1956,.1957,
or.1969.
History Note: Authority G.S. 130A-335(e):
Eff July 1, 1982;
Amended Eff.January 1, 1990;
Temporary Amendment Eff.June 24,2003;April 17, 2002;
Amended Eff May 1, 2004.
15A NCAC 18A.1943 SOIL DEPTH
(a) Soil depths to saprolite,rock,or parent material greater than 48 inches shall be considered SUITABLE as to soil depth.
Soil depths to saprolite,rock,or parent material between 36 inches and 48 inches shall be considered PROVISIONALLY
SUITABLE as to soil depth. Soil depths to saprolite, rock, or parent material less than 36 inches shall be classified
UNSUITABLE as to soil depth.
(b) Where the site is UNSUITABLE with respect to depth,it may be 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);
Eff July 1, 1982;
Amended Eff August 1, 1988.
15A NCAC 18A.1944 RESTRICTIVE HORIZONS
(a) Soils in which restrictive horizons are three inches or more in thickness and at depths greater than 48 inches below the
naturally occurring soil surface shall be considered SUITABLE as to depth to restrictive horizons. Soils in which restrictive
horizons are three inches or more in thickness and at depths between 36 inches and 48 inches shall be considered
PROVISIONALLY SUITABLE as to depth to restrictive horizons. Soils in which restrictive horizons are three inches or
more in thickness and at depths less than 36 inches shall be considered UNSUITABLE as to depth to restrictive horizons.
(b) Where the site is UNSUITABLE with respect to restrictive horizons, it may be reclassified PROVISIONALLY
SUITABLE after an investigation indicates that a modified or alternative system can be installed in accordance with Rules
.1956 or.1957 of this Section.
History Note: Authority G.S. 130A-335(e);
Eff.July 1, 1982;
Amended Eff January 1, 1990; October 1, 1983.
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 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(0;
Eff July 1, 1982;
Amended Eff.February 1, 1992;July 1, 1983;January 1, 1983.
15A NCAC 18A.1946 OTHER APPLICABLE FACTORS
The site evaluation shall include consideration of any other applicable factors involving accepted public health principles,
such as,but need not be limited to:
(I) The proximity of a large-capacity water-supply well,the cone of influence of which would dictate a larger
separation distance than the minimum distance specified in Rule.1950 of this Section;
(2) The potential public health hazard due to possible failures of soil absorption systems when specifically
identified,would dictate larger separation distances than the minimums specified in Rule.1950 and Rule
.1955(m)of this Section;
(3) The potential public health hazard of possible massive failures of soil absorption systems proposed to serve
large numbers of residences,as in residential subdivisions or mobile home parks;
(4) For sites serving systems designed to handle 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 a design flow of greater than 1500
gallons per day,the applicant shall submit sufficient site-specific data to predict the height of the water
table mound that will develop beneath the field(level sites)and the rate of lateral and vertical flow away
from the nitrification trenches(sloping sites). The data submitted may include soil borings to depths
greater than 48 inches,permeability and hydraulic conductivity measurements,water level readings,and
other information determined to be necessary by the local health department or the State. The site shall be
considered UNSUITABLE if the data indicate that the groundwater mound which will develop beneath the
site cannot be maintained two feet or more below the bottom of the nitrification trenches or it is determined
that effluent is likely to become exposed on the ground surface within,or adjacent to,the nitrification field.
History Note: Authority G.S. 130A-335(e);
Eff July 1, 1982;
Amended Eff.January 1, 1990.
15A NCAC 18A.1947 DETERMINATION OF OVERALL SITE SUITABILITY
All of the criteria in Rules.1940 through.1946 of this Section shall be determined to be SUITABLE,PROVISIONALLY
SUITABLE,or UNSUITABLE,as indicated. If all criteria are classified the same,that classification will prevail. Where
there is a variation in classification of the several criteria, the most limiting uncorrectable characteristics shall be used to
determine the overall site classification.
History Note: Authority G.S. 130A-335(e);
Eff July 1, 1982;
Amended Eff.January 1, 1990.
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:
(1) 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 C.S. 130A-335(e);
Eff July 1, 1982;
Amended Eff April I, 1993;January 1, 1990.
15A NCAC 18A.1949 SEWAGE FLOW RATES FOR DESIGN UNITS
(a) In determining the volume of sewage from dwelling units,the flow rate shall be 120 gallons per day per bedroom. The
minimum volume of sewage from each dwelling unit shall be 240 gallons per day and each additional bedroom above two
bedrooms shall increase the volume of sewage by 120 gallons per day. In determining the number of bedrooms in a dwelling
unit, each bedroom and any other room or addition that can reasonably be expected to function as a bedroom shall be
considered a bedroom for design purposes. When the occupancy of a dwelling unit exceeds two persons per bedroom,the
volume of sewage shall be determined by the maximum occupancy at a rate of 60 gallons per person per day.
(b) Table No. I shall be used to determine the minimum design daily flow of sewage required in calculating the design
volume of sanitary sewage systems to serve selected types of establishments. The minimum design volume of sewage from
any establishment shall be 100 gallons per day. Design of sewage treatment and disposal systems for establishments not
identified in this Rule shall be determined using available flow data,water-using fixtures,occupancy or operation patterns,
and other measured data.
TABLE NO. I
TYPE OF ESTABLISHMENT DAILY FLOW FOR DESIGN
Airports 5 gal/passenger
(Also R.R.stations,bus terminals--not
including food service facilities)
Barber Shops 50 gal/chair
Bars,Cocktail Lounges(Not including
food service) 20 gal/seat
Beauty Shops(Style Shops) 125 gal/chair
Bowling Lanes 50 gal/lane
Businesses(other than those listed elsewhere in this table) 25 gal/employee
Camps
Construction or Work Camps 60 gaUperson
40 gaUperson
(with chemical toilets)
Summer Camps 60 gal/person
Campgrounds--With Comfort Station
(Without water and sewer hookups) 100 gaUcampsite
Travel Trailer/Recreational Vehicle Park
(With water and sewer hookups) 120 gal/space
Churches(Not including a Kitchen,Food Service
Facility,Day Care or Camp) 3 gal/seat
Churches(With a Kitchen but,not including a Food
Service Facility,Day Care,or Camp) 5 gal/seat
Country Clubs 20 gal/member
Day Care Facilities 15 gal/person
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r-R sent To Brent Curtis '
o Street andAP Tr leserTalandRd
city,state,z,Aerrell; MC 28682
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Brent Curtis
5011 Kiser Island Rd
Terrell, NC 28682
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RECEIVED aBmes R. Ross, REF.'S
Catawba County Environmental Health
F E H 1 `,.O23 PO Box 389
Newton, NC 28658
Environmental Health