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HomeMy WebLinkAboutEHPR-12-2022-43006.TIF catawba county public health February 27, 2023 Annette Richard 427 E L St, Newton NC 28658 Re: Application for Improvement Permit for 2784 Rosewood Ln, Newton,Health Department file number EH PR-12-2022-43006. To Whom It May Concern: The Catawba County Health Department, Environmental Health Division on 1/27/23,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 5 bedroom home with a design wastewater flow of 600 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 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 Cetcwho 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, 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 2/27/2023. 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, 614"t Cheyanne Morgan, REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1945 and.1948 cc: David Melonakos, Melonakos Living Trust Catawba County Environmental Health E.IIP1- It- z.zz - t/3ooco 316.50 186.41 r O !8 iqr t1' 100 Nei Ztf lzs b �� D LI2� �tl 10 QfO p 18 vr Go J .2784 u I pfo2 5Bco s 5►' S -'louse Qox 88' Ull 155 $ 1 o lD0' NO 1 200.00 ROSEWOOD LN I Parcel: 372017222291, 2784 ROSEWOOD LN 1 in=40ft NEWTON, 28658 This map/report product was prepared from the Catawba County,NC Geospatlal 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 Ileblllly,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 02/24/2023 DEPARTMENT OF HEALTH AND HUMAN SERVICES Sheer 1__of_`_ DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID#: 3i=Qf�Z1119� ON-SITE WATER PROTECTION BRANCH COUNTY: Cp,ie,1011P SOIL/SITE EVALUATION for ON-SITE WASTEWATER SYSTEM /j I (Complete all fields in full) OWNER: Ar)1)t -G Kl(hG(d - APPLICATION DATE !Z y Z ADDRESS: tnq E L s+t Neci-fon M' 7A9.5g DATE EVALUATED: Z� PROPOSED FACILITY: Nie �oust PROPOSED DESIGN FLOW(.1949): 60D 6PD PROPERTY SIZE: 0. $3 C�(re5 LOCATION OF SITE: 2 qgy Ko5 L), Oa I0, / NPW}vn N( z8,5$ PROPERTY RECORDED: WATER SUPPLY: ❑Private Olublic [ We1I ❑Spring 0 Other EVALUATION METHOD: ❑Auer Boring M Pit ❑Cut TYPE OF WASTEWATER: [ 'Sewage ❑Industrial Process ❑Mixed P o SOIL MORPHOLOGY OTHER F (.194I) PROFILE FACTORS t .1940 F LANDSCAPE HORIZON POSITION/ DEPTH 1942 PROFILE a SLOPE V. (IN.) .1941 .1941 SOIL .1943 .1956 .1944 CLASS STRUCTURE! CONSISTENCE/ WETNESS! SOIL SAPRO RESTR &LTAR TEXTURE MINERALOGY COLOR DEPTII CLASS IIORIZ L S 0-Z9 ( 55k �sS� so s S 11 2y- Ll8 C. Lai ss,s, sac P 1 I P L{8 S 04 o. 3 L d-A, re _ze F.,-, s14 r . ) PS Zia " t/g [� t1 $&( Fri CIS PI 5 i. 2 +i5 5°/J O. 0-zy C 551� , &.ss'sPf 5 1, es5 yi8 C w$BK S� 5°f1 0. 3 'c) 11 Z?-14 CL IBC $BK ;(4.SS t,cDc 4 ' Li$ 5°f O. ;25 I)l.'C'I(11'IIUN INITIAL SYSTI?M 141,PAII(tiYS'I'I'M O I'I II:R FACTORS(,1946): n b ! SITE CLASSIFICATION(.19411):.- - (� Avuiluhlc Space(.1945) r �/li _.,_- _- _ __._ Syslcm Type(a) 5olu (pd EVALUATED HY; C1(� (t1111L_ MITI)O'I'Ill• ilt(ti) PRESENT: Silt I;1AIl D 3 C'OMMI.N'IS: I Ipdaicd I'chruary 21114 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 ofthc 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: (I) 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 I, 1983;and (2) which is of insufficient sire 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 rcouiremcnts 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 Note: Authority G.S. 130A-335fet and Jule 1. 1982: Attended Ef..' February 1, 1992:July 1. 1983:January 1. 1983. U.S. Postal Service" CERTIFIED MAIL° RECEIPT c Domestic Mail Only .n —13 For delivery information,visit our website at www.usps.com`. .n Prtrinv.HtIC "4 Certified Mail Fee j r f C ru $ r ,/ (1.1 Extra Services&Fees(check box,add fee as appropri �� � ❑Return Receipt(nardcopy) POstm D r'9 ❑Return Receipt(electronic) $ O Here Certified Mail Restricted Delivery $ t� Adult Signature Required $ LO3) yr)) 0 0Adult Signature Restricted Delivery$ !Frit SpS 2$Y 111111 ir Total Postage and Fees Cl $ Sent To EHPR-12-2022-43006 p Street and APt.NAtqfiJ4tichard City,State,ZIP+427 E L$t PS Form 3800,a.(.+i'il''.h t SA r.x ;.C:J..7• See Reverse for Instructions Certified Mail service provides the following benefits: 4' •A receipt(this portion of the Certified Mail 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 USPS®-postmarked Certified Mail receipt to the •A record of delivery(Including the recipient's retail associate. signature)that Is retained by the Postal Service- -Restricted delivery service,which provides fora specified period. delivery to the addressee specified by name,or Important Reminders: ice E 1 o Pn s authorized agent •You may purchase Certified t t re rvice,which requires the First-Class Mail°,First-Class!Fla +ems ervlce°, a nl a east 21 years of age(not or Priority MaiC service. available at retain. •Certified Mall service s natavailablefor -Adult signature restricted delivery service,which International mail. � requires the signee to be at least 21 years of age •insurance coverage is notavallable fi Adltrse 3 byQIrah�f, r to the addressee's to the autha zeessee d agent with Certified Mall service.However,the purchase (not available at retail). of Certified Mall service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. •For an additional fee,and with �P would like a postmark on endorsement on the mad with e a ro n e lair fi i receipt,please present your the emg services: y requestCertified Mail item at a Post Office'"for -Return receipt vices: which provides a record postmarking,If you don't need a postmark on this of delivery(including the recipient's signature). Certifiedsl Mall receipt,to detach the ce,apply portion You can request a hardcopy return receipt or an a this label,affix git, the depositpi th mall electronic version.For a hardcopy return receipt appropriate postage,and the mailpiece. 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 7530.02-00o-9047 SENDER: COMPLETE THIS'.;ECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. tune • Print your name and address on the reverse ❑Agent we can return the card to you. k..e.,..zae�._ 4, ❑Addressee so that • Attach this card to the back of the mailpiece, Received by Panted ame) ! C. Dat of livery or on the front if space permits. i4ii ( v 4`5 a 1. Article Addressed to: D. Is delivery address different from item 17 0 Y s If YES,enter delivery address below: ❑No Annette Richard 427 E L St, Newton NC 28658 3. Service Type ❑Priority Mail Express® III IIIIII 11111111111111 II I II II III II I I I 0 Adult Signature 0 Registered,Th Adult Certified Mail®u Restricted Delivery 0 Delivery ee iv Registered MailTRestricted Sii❑Certified Mail Restricted Delivery 0 Signature Confirmation"' 9590 9402 7759 2152 4097 13 0 Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 7021 0950 0001 2506 6668 ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 7759 2152 4097 13 United States • Sender: Please print your name, address, and ZIP+4r in this box' Postal Service RECEIVECEPR-12-2022-43006 eyanne Morgan, REHS Catawba County Environmental Health PO Box 389 MAP? 1 r' 2923 Newton, NC 28658 Environmental Health U.S. Postal Service' CERTIFIED MAIL° RECEIPT 03 Domestic Mail Only -▪13 For delivery information,visit our website at www.usps.com'. • .,Rithard Env.H hgo; . CM Certified Mail Fee CI $ 0Q•Y r N C I U Extra Services&Fees(check box,add tea as ❑Return Receipt(hardcopy) C� r- ❑Return Receipt(electronic) $ Postm D ['Certified Mali Restricted Delivery $ _ l _Here Ch ❑Mutt Signature Required $ a El Adult Signature Restricted Delivery$ �, ,Postage S °O� Lri P S 2 a Q"' Total Postage and Fees O $ . ra Sent To EHPR-12-2022-43006 ru S`treetandApt."AfirreitffMc hard City,State,2IP+d 7-E-[s{ P F. .. :rr t. •i .' F R-v-r •f.rIn r t.n Certified Mail service provides the following benefits: •A receipt(this portion of the Certified Mail 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. USPS®-postmarked Certified Mail receipt to the •A record of delivery(Including the recipient's retail associate. signature)that Is retained by the Postal Service" -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or o. . , s authorized agent. important Reminders: r eQ t .t re rvlce,which requires the •You may purchase Certified y��'�1i ice y� I. 1 s,.ne east 21 years of age(not First-Class Mail',First-Class ervice•, available at retail). or Priority Mail®service. -Adult signature restricted delivery service,which •Certified Mall service is notavailable for requires the signee to be at least 21 years of age International mail, hh pp 3 and s delivery to the addressee specified •Insurance coverage is not available frrpidfiase by halYt, r to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mall service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. I would like a postmark on •For an additional fee,and with ron m eat 1 ,I receipt,please present your endorsement on the mallpieceltm may request Certified Mall item at a Post Office"for the following services: postmarking.0 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 recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return 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 far your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-000-9047