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HomeMy WebLinkAboutRBPR-12-2022-42947.TIF Nov catawba county public health April 6, 2023, Riley Kolb 7264 Bradberry Ln, Denver NC 28037 Re: Application for Improvement Permit and Authorization to Construct for 1186/1188 Old Conover Startown Rd Newton, Health Department file number EHPR-12-2022-42947. To Whom It May Concern: The Catawba County Health Department, Environmental Health Division on 3/07/23,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 duplex with 4 bedrooms 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) X 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 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 Cctcwbc County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.82/0 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, 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 4/6/2023. 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,Olf‘jVAr\& Cheyanne Morgan, REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1943, .1945, .1948 and .1950 Catawba County Environmental Health (P4'43� �o (50) 1 1,�Z51 S�.r..4._ �d 1 \�° o`er 15 /F ,°'. 0 hrr. 4 0 `?.yol VI\ a %iii• V \o \--ti le .‘xi,.,Nr - ti 67.13 -3 V Ni J 55, 'Q 70.05J Y • / J 15245 \ t�\` J peoo J 1 in=40ft Parcel: 372016834020, 1188 OLD CONOVER STARTOWN RD NEWTON, 28658 This map/report product was prepared horn the Catawba County,NC Geoepetlel Information Services. Catawba County has made substantial efforts of location and labeling Information contained on this map or data on this report.Catawba County promotes and recommends t verlflcat$on of any data contained on this ma report product by the user.The County of Catawba.Its employees,agents,and to ensure the accuracy p! consequential which arises or may the independent and shall not be held liable for any and all damages,loss or liability,whether direct,indirect or conseQ personnel, map/report product or the use thereof by any person or entity. arise from this Copyright 2023 Catawba County NC 03/10/2023 DEPARTMENT OF HEALTH AND HUMAN SERVICES �r«< of _. DIVISION OF PUBLIC HEALTH.ENVIRONMENTAL HEALTH SECTION PROPERTY ID#: Zo/ a20 ON-SITE WATER PROTECTION BRANCH COUNTY: p}{,1,,�. SOIL/SITE EVALUATION for ON-SITE WASTEWATER SYSTEM f+- (Complete all fields in full) OWNER: t IG Kolb _ APPLICATION DATE /Z 4/ ZZ ADDRESS: 37611 r r rn 1,''11 Df+c /Vt ZSD3 DATE ELUATED: 3 ft3 PROPOSED FACILITY: bld eY� PROPOSED DESIGN FLOWn� (.1949): L/g/j Gip PROPERTY SIZE: C.(air aL(t LOCATION OF SITE: �j j Mt' Gonoveir < 4}iwn rcr.Tt_I/ L.q11 A 'L a(05* PROPERTY RECORDED: WATER SUPPLY: ❑Private L`SPublic 0�,/Well 0 Spring 0 Other � EVALUATION METHOD: ❑Aup=er Boring I]�Ptt 0 Cut TYPE OF WASTEWATER: [ wage 0 Industrial Process 0 Mixed • • s P R SOIL MORPHOLOGY OTHER 0 F (.1941) PROFILE FACTORS I .1940 E LANDSCAPE HORIZON DEPTH PROFILE POSITION/ .1942 a SLOPE% (IN.) .1941 .1941 SOIL .1943 .1956 .1944 CLASS STRUCTURE! CONSISTENCE/ WETNESS/ SOIL SAPRO RESTR &LTAR TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ 5 °"l C A-ax .r, ss,T Sty PS zo-No koa 1., 1 Zo • i I oi° 'DO 0- Z5 c 581c ,S ,CPI 5t (' L 5 75- W C wilfe - , r s,sp, cb° t' 2 NL1-L5 gotV 1-111 RD VD - O. Z 35 p_iS , o-- Z5 E WSeK S, � 5 5y s tp 5 G w Z5-10 Ag� , frr S ( "y, Lio" r1��SD � z5 Z5 3 J. D•('‘4 o-Z c', set rO3f6p, tfQS L S z -1-13 GL gc 5 k LOII 4 0 �I3- 5� (� 0. 3 li i0 f�i DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM SITE CLASSIFICATION ER O (?1948): Available Space(.1945) (,L. L EVALUATED BY: OnlyAn(1L NkoCQAJ System Type(s) OTHER(S)PRESENT: JJ Site LTAR [ l COMMENTS: 1 / Updated February 2014 r SOIL/SITE EVALUATION Sheet Z_of 7- (Continuation Sheet-Complete all field in full) DEPARTMENT OF HEALTH AND HUMAN SERVICES PROPERTY ID 4: DIVISION OF PUBLIC HEALTH DATE OF EVALUATION: ENVIRONMENTAL HEALTH SECTION COUNTY: (, awb 4 ON-SITE WATER PROTECTION BRANCH • • i • • P R SOIL MORPHOLOGY OTHER 1 F (.1941) PROFILE FACTORS 1 .1940 E LANDSCAPE HOAR .1942 POSITION/ ON .1941 .1941 SOIL .1943 .1956 .1944 PROFILE # SLOPE% DEPTH STRUCTURE/ CONSISTENCE/ WETNESS/ son, SAPRO RESTR CLASS (IN.) TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ &LTAR 0-Z1 CL Jeff , e1r ss,.3p,s 55 72-4g _ �.oc� 5 ff Zz 0-Zo�. CL SBIC f; ,SS s�, cokecS N Z°" g (Loa, �1 i Z .., I . —1,,immonli COMMENTS: _____ iUpdated February 2014 15A NCAC I8A.1943 SOIL DEPTH (a) Soil depths to saprolite,rock.or parent material greater than 48 Indies 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. 1listoty Note: Authority G S. 13OA•335tet: Eft:Jrly I. 1982: .Amended Elf August 1. 1988. 4 ISA 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 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 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 reouirements of Rule.1937(c)of this Subchapter is received by the local health department on or before 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 area. History,'4ote: Authority G.S. 130A-335(e1 and(1); Ef7.'July 1, 1982; Amended Eff February 1, 1992;July 1, 1983;January 1. 1983. 1SA NCAC 18A.1948 SITE CLASSIFICATION (a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistcnt 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) 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 maybe 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. Bunny.Note: Authority G.S. 130A-335 fe). Eff July I, 1982; Amended Ef.April I, 1993:-lament).I, 1990. ISA NCAC I8A.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: (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%VS-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 mark; (6) Any other stream,canal.marsh,or other surface waters 50 feet; (7) Any Class!.or Class 11 reservoir 100 feet,from normal pool elevation; I8) 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) upslopc 10 feet, (ii) sideslope 15 feet.and (iii) downslopc 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 trafc,ductile iron or its equivalent pipe shall be used. However,pipe specified in Rule.1955(c)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 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: (1) 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 2(X)feet,from mean high water mark; (5) Any waters classified as WS-I 200 feet; (6) Any surface waters classified as WS-Il.WS-III. B,or SB 100 feet;and 1 (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 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 be reduced to 50 feet: (2) Any private water supply source. including wells and spring 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-1,WS-II, WS-lll,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 10 feet: (h) Any property line 5 feet: (7) Top of slope of embankments or cuts of two feet or more vertical height 1064 (8) Drainage Systems: (A) Interceptor drains,storm drains,and storm water diversions 5 feet: (B) Ground-water lowering ditches and devices 10 feet: (9) Any swimming pool 10 feet: (10) Any other nitrification field 5 feet. (f) 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 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 storm. Mechanical or electrical components of treatment systems shall be above the 100-year flood level or otherwise protected against a 100-year flood. History Note: Authority G.S. 130.A-335(e)and(J); E,0 July!, 1982; Amended E'l.January 1, 1990;October 1, 1982. • SENDER: COMPLETE THIS SEC:";ON COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,•and 3. • A. Signature ■ Print your name and address on the reverse X "II ❑Agent so that we can return the card to you. ©Addressee • Attach this card to the back of the mailpiece, B. R/yc)eived.y(Printed N me) C. Date of Delivery or on the front if space permits. `�r (r' , f,41 L 1' is 4.3 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 4 No Riley Kolb 7264 Bradberry Ln, Denver NC 28037 3. Service Type 0 Priority Mail Express® II I III II III1 II I IIIII IIII I II I II II 111 II I I I 0 Adult Signature 0 Registered Mail." dull Signature Restricted Delivery 0 Registered Mail Restricted jiii.Certified Mail® Delivery 9590 9402 7759 2152 4095 84 0 Certified Mail Restricted Delivery 0 Signature Confirmation,. ❑Collect on Delivery 0 Signature Confirmation 2. Article Ni imber(Transfer from service Iabe5 n Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7 0 21 0950 0001 2506 6798 ❑Insured Mail Restricted Delivery _ (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail y ti Postage&Fees Paid Ell'111111 I. II It: I. 1 Li Permit No.G-10 9590 9402 7759 2152 4095 84 United States • Sender: Please print your name, address,and ZIP+4''in this box' Postal Service RECEIVED EHPR-12-2022-42947 Cheyanne Morgan, REHS APR 1 / 2023 Catawba County Environmental Health PO Box 389 Newton, NC 28658 Environmenta Health