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
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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 <AR
TEXTURE MINERALOGY COLOR DEPTII CLASS IIORIZ
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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"
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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
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we can return the card to you. k..e.,..zae�._ 4, ❑Addressee
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Annette Richard
427 E L St,
Newton NC 28658
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PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
USPS TRACKING#
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USPS
Permit No.G-10
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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
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•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