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HomeMy WebLinkAboutEHPR-12-2022-43040.TIF ?-2 y- zc23 catawba county public health February 21,2023 Tim and Lisa Oefelein 3665 Buffalo Shoals Rd, Maiden,NC 28650 Re: Application for Improvement Permit for property site 3643 Buffalo Shoals Rd, Maiden NC 28650 Health Department file number EHPR-12-2022-43040. Dear Mr.and Mrs.Oefelein: The Catawba County Health Department, Environmental Health Division on 02/10/2022,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 3-bedroom home with a design wastewater flow of 360 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) X _Unsuitable soil characteristics(structure or clay mineralogy)(Rule .1941) X Unsuitable soil wetness condition(Rule.1942) Unsuitable soil depth(Rule.1943) Presence of restrictive horizon(Rule.1944) 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 CctcwIn County Government Censer 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.82/0 MAKING. LIVING. BETTER. (i° catawba county public health February 21,2023 Tim and Lisa Oefelein 3665 Buffalo Shoals Rd, Maiden, NC 28650 Re: Application for Improvement Permit for property site 3643 Buffalo Shoals Rd,Maiden NC 28650 Health Department file number EHPR-12-2022-43040. Dear Mr.and Mrs.Oefelein: The Catawba County Health Department, Environmental Health Division on 02/10/2022,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 3-bedroom home with a design wastewater flow of 360 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) X Unsuitable soil characteristics(structure or clay mineralogy) (Rule.1941) X Unsuitable soil wetness condition (Rule .1942) Unsuitable soil depth (Rule.1943) Presence of restrictive horizon (Rule.1944) 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 Cctowho County Government Center 25 Government Drive ( 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 Authorization to Construct- Relocation 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 2/21/2023. 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 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, James R Ross, REHS Environmental Health Specialist Enclosures: Site evaluation Rule .1941, .1942 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 SOIIJSITE EVALUATION for ON-SITE WASTEWATER SYSTEM (Complete all fields in MI) OWNER: f--:S 0e 1 r ek;),\ APPLICATION DATE ADDRESS: ^DATE EVALUATED: PROPOSED FACILITY — P O OS D DE N FLO (.1949: i PROPERTY SIZE: LOCATION OF SITE: isdelPROPERTY RECORDED: WATER SUPPLY: 0 Private 0 Public eil 0 Spring ❑Other EVALUATION METHOD: 0 Auer Boring ICL,Ptf ❑Cut TYPE OF WASTEWATER ewage ❑Industrial Process ❑Mixed $44 ' 5d kk+ 'r i ,b, r,Ti !ST Y t r 4`i-A 'N :.N ,, hr •47e . 4 it 1-',`, ::. „ t f; 1 I �1 ,SOIL MO O iy , I r �+a '+ tt ; �, t �� it7 i.i' 1' y .,i lA„; kV:. 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G-tr -FT i ).��r 2Ia! iO- 7- C, � Fe 6 Zjiit 1 .icc i _i ' O i:(0 • (D 26 . `II 3A - ill o1C L P-41 it (5i.4. ,6YV2-. 22. lis 4/3 a26 f( T) )5-3Q Plet i �r (54 4 'ID'L .i', Oct cr J4 A3 y �3 4-; DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): Available Space(.1945) SITE CLASSIFICATION(.1948):_ __ System Type(s) EVALUATED BY: OTHER(S)PRESENT: _ Site LTAR COMMENTS: Updated February 2014 DEPARTMENT OF HEALTH AND HUMAN SERVICES Sheet gof 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) lc OWNER: L1 t7� Oe t�f / 1117) _ APPLICATION DATE ADDRESS: DATE EVALUATED: ] PROPOSED FACILITY: P S D DESI FLOW(.1949Nee), PROPERTY SIZE: /`' '� T�i LOCATION OF SITE: J 1ROPERTY RECORDED: WATER SUPPLY: 0 Private 0 Public ell 0 Spring fl Other EVALUATION METHOD 0 Auer Boring It 0 Cut TYPE OF WASTEWATER age ❑Industrial Process 0 Mixed v P, tN ' tE'1 iP'1 frt i e`�J J• yf Y.yy s r 1.� �. ,,, »r tFr,TT �'L„l��b tr. 6y' ti ,.g.1s `i51, .-. L+= J jl a, ,, i s it gr ` 'I�kaf,� iyR', i7vi {fir*',; p1 ,L "7xi r ? ; �,.,.4SF`['i�y Y 'R $ mil.^.Y '; }�. f r: , { •,�{• rc�. .. :'?'1 1?Sd r V Rp i • h�• a. f� Ct f• a rR 'p ? • i . rut i �+ s ti • L PRU 1 ( s f, _ t• G t Ie� 10 h 4 "y. W-i' •?Fad eA 1 '1 e. I tr! L 't` '3,a' t o 1�. :aP ▪ L. Tt i :: ._tl tica 1. �' '",1 �. �i 1 pp jti t' s «- x.i CI}: a �G> r Zf"^'z 7i _ °rq,/ . l�� xC"r F __ n »r 1N _k ' S • ✓' .M 6il b,-, 'ems _ " ; vZ L•ST+d -) '.,.1• k.10).• nii qtt i f F., ,'k 1 t '' ,,�k. ,:1N ill ? *it' •4,,i } lh 1 •,' t�' ':1 t• 4 x t l 1 is 7•' hi: + �><4 s + :°. Ir1 ," ^.71 1 191. 41 i y ' P; G Hi,)1 ,r 1 c_4 k i �.; �1)44 "^ 4 ' r r ti tl : "r,, t i . 1, 11 A I r t: a i 1'a . t*9.. F(x"'� a ��y$ I" li.-.,.:: ,. F ii I Yw COLO R5' D ' 1 q.ASS S(,IRL� I :3i.& a -Li a_ c e--/, . / e. 'F•. =h.n ..�?.;u . a a .. i '9-57:o 7/)` rf 45) z-LYAI,. - r L5L. .2611*) j7431/f O --1 5(2— 6., -Fr c_5 . r vt �,5 y��� 11 X.-'-f CL r,/16lta`-- fe sE a 5 y 11V 6,5 , S9- ee I • £ 1{61(-(.. 4bKit 6*z , c/a- S -i-- 0`7- Gr ff Jt d • ;241 c AIk/t°b► -F, SG"a,5 %% . Ili Abic. Lfr . 5E- ,16111 ' @11' ... DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): Available Space(.1945) tij f �j SITE CLASSIFICATION(.I948): �5 it 7e.--. System Types) • (/1 / EVALUATED BY: OTHER(S)PRESENT: Site LTAR COMMENTS: Updated February 2014 • Catawba County Environmental Health )i(4 .5 5CL G r . o (; S' � 5 L , 2C/204 r 3- -A c AIK)„.5cP/6+ / 1 s o.- 1O 5ct! G ,,i - JCS c_. 2 .51i y .,2,s`-( 7/3 /a -- C ,4/c 7/c v. c , /,A v 2 0 0-, L 01 (i) VV 79- 2-146 ��L� i �r vloq 0 . � 1e/( ):.-5 Nkt, CI, ;/ , , 1 \ o 6 0,...2,5 F;ii I . a)— G ,3.6a7\ ol Y gAq •3 65 . \ AQ,43 1/4*. ff l't V 12867 V , - f . ir,-3ri_______________a___—;----,. . t (33, . v,o, Qs) ocp ID ir (1) $. 4 ,„ `•` •3679 +1 `mil ? 4 411A e. 0729 , s-r g j �� "so •3 9 �/ l��/ /\ i•37*5 J `l7 o1 _ Parcel: 366704741790, 3643 BUFFALO SHOALS �Q �� tin=150ft RD MAIDEN, 28650 ^ —�L i C ��t/fi i & 0-eti g-Laf4 2,0 Op,_ ,t (L. it.6 It L(5/2 l apl`riort product was prepare from the Catawba County,NC Geospatlal Information_Services. Catawba Countyhas made substantial to ensure the accuracy of location and labeling Information contained on this mapor data on this re bss and reoo, i1 eforts the independent verification of any data contained on this map/report product byhe user.The County of CattawbaC is employees agents,artd nds personnel,disclaim,and shall not be held fable 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 12/19/2022 ISA NCAC 18A.1941 SOIL CHARACTERISTICS(MORPHOLOGY) (a) The soil characteristics which shall be evaluated by the local health department arc as follows: (1) Texture-The relative proportions ot'sand,silt.and clay sized mineral particles in the fine-earth fraction of the soil arc referred to as soil texture. The texture ofthc different horizons of soils shall be classified into four general groups and 12 soil textural classes based upon the relative proportions of sand.silt,and clay sized mineral particles. (A) SOIL GROUP I -SANDY TEXTURE SOILS. The sandy group includes the sand and loamy sand soil textural classes and shall be considered SUITABLE with respect to texture. (B) SOIL GROUP II • COARSE LOAMY TEXTURE SOILS. The coarse loamy group includes sandy loam and loam soil textural classes and shall be considered SUITABLE with respect to texture. (C) SOIL GROUP Ill -FINE LOAMY TEXTURE SOILS. The fine loamy group includes silt,silt loam, sandy clay loam,clay loam,and silty clay loam textural classes and shall be considered PROVISIONALLY SUITABLE with respect to texture. (D) SOIL GROUP IV-CLAYEY TEXTURE SOILS. Thc clayey group includes sandy clay, silty clay, and clay textural classes and shall be considered PROVISIONALLY SUITABLE with respect to texture. (E) Thc soil textural class shall be determined in the field by hand texturing samples of each soil horizon in the soil profile using the following criteria: Ii) Sand: Sand has a gritty feel,does not stain the fingers.and does not form a ribbon or ball when wet or moist. (ii) Loamy Sand: Loamy sand has a gritty feel, stains the fingers(silt and clay),forms a weak ball,and cannot be handled without breaking. 1 iii) Sandy Loam: Sandy loam has a gritty feel and forms a ball that can be picked up with the fingers and handled with care without breaking. (iv) Loam: Loam may have a slightly gritty feel but does not show a fingerprint and forms only short ribbons of fiom 0.25 inch to 0.50 inch in length. Loam will form a ball that can be handled without breaking. (v) Silt Loam: Silt loam has a floury feel when moist and will show a fingerprint but will not ribbon and forms only a weak ball. (vi) Silt: Silt has a floury feel when moist and sticky when wet but will not ribbon and forms a ball that will tolerate some handling. (vii) Sandy Clay Loam: Sandy clay loam has a gritty feel but contains enough clay to form a firm ball and may ribbon to form 0.75-inch to one-inch long pieces. (viii► Silty Clay Loam: Silty clay loam is sticky when moist and will ribbon from one to two inches. Rubbing silty clay loam with the thumbnail produces a moderate sheen. Silty clay loam produces a distinct fingerprint. (ix) Clay Loam: Clay loam is sticky when moist. Clay loam forms a thin ribbon of one to two inches in length and produces a slight sheen when rubbed with the thumbnail. Clay loam produces a nondistinci fingerprint. (x) Sandy Clay: Sandy clay is plastic,gritty.and sticky when moist and forms a firm ball and produces a thin ribbon to over two inches in length. (xi) Silty Clay: Silty clay is both plastic and sticky when moist and lacks any'itty feeling. Silty clay forms a firm ball and readily ribbons to over two inches in length. (xii) Clay: Clay is both sticky and plastic when moist, produces a thin ribbon over two inches in length,produces a high sheen when rubbed with the thumbnail,and forms a strong ball resistant to breaking. (F) The Department may substitute laboratory determination of the soil textural class as defined in these Rules by particle-size analysis of the tine-earth fraction(less than 2.0 mm in size)using the sand, silt. and clay particle sizes as defined in these Rules for field testing when conducted in accordance with ASTM(American Society for Testing and Materials)D-422 procedures for sieve and hydrometer analyses which arc hereby adopted by reference in accordance with G.S. 150B-14(c). For tine loamy and clayey soils(Groups III and IV).the dispersion time shall be increased to 12 hours. Copies may be inspected in and copies obtained from the Department of Environment. Health,and Natural Resources,Division of Environmental Health,P.O.Box 27687. Raleigh.North Carolina 27611-7687. (2) Soil Structure -The following types of soil structure shall be evaluated: (A) CRUMB AND GRANULAR SOIL STRUCTURE-Soils which havc crumb or granular stmcturc shall be considered SUITABLE as to structure. (B) BLOCK-LIKE SOIL STRUCTURE-Block-Like Soil Structure with pods 2.5 cm(1 inch)or less in size shall be considered PROVISIONALLY SUITABLE as to structure. Block-like soil structure with pcds greater than 2.5 cm(I inch)in size within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structurc. (CI PLATY SOIL STRUCTURE - soils which have platy soil structure within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structure. (D) PRISMATIC SOIL STRUCTURE-Soils which have prismatic soil structure within 36 inches of' the naturally occurring soil surface shall be considered UNSUITABLE as to structure. (E) ABSENCE OF SOIL STRUCTURE- Soils which arc single graincd and exhibit no structural aggregates shall be considered SUITABLE as to structure. Soils which arc massive and cxhibit no structural pods within 36 inches of the naturally occurring soil surface shall be considered UNSUITABLE as to structure. (F) Structure shall be evaluated using Soil Taxonomy, Appendix I. which is hereby adopted by reference in accordance with G.S. I50B-14(c). Copies may be inspected in,and copies obtained from,the Department of Environment,Health,and Natural Resources,Division ofEnvironmcntal Health,P.O.Box 27687.Raleigh.NC 2761 1-7687. (3) Clay Mineralogy-Along with soil texture,the mincralogy of the clay-sized fraction determines the degree to which some soils swell when wetted and thereby affects the size and number of pores available for movement of sewage effluent through the soil. Thcrc arc two major types of clays.including the I:1 clays. such as Kaolinite, which do not shrink or swell extensively when dried or wetted: and the 2:1 clays, including mixed mineralogy clays,such as clays containing both Kaolinitc and Mon tmorillonitc that will shrink and swell when dried and wetted. The type of clay minerals in the clay-sized fraction shall be determined by a field evaluation of moist soil consistence or of wet soil consistence using Soil Taxonomy. Appendix I,which is hcrcby adopted by reference in accordance with G.S. 150B-14(c). The Department may substitute laboratory determination of the expansive clay mineralogy as defined in these Rules for field testing when conducted in accordance with ASTM D-4318. procedures A and B. for the determination of liquid limit,plastic limit,and plasticity index of soils. These procedures are hereby adopted by reference in accordance with G.S. 150B-14(c). lithe liquid limit exceeds 50 percent and the plasticity index exceeds 30,the soil shall be considered as having an cxpansivc clay mincralogy. Copies may be inspected in,and copies obtained from,the Department of Environment, Health, and Natural Resources.Division of Environmental Health.P.O.Box 27687. Raleigh.NC 27611-7687. (A) SLIGHTLY EXPANSIVE CLAY MINERALOGY-Soils which have loose,very friable.friable or firm moist soil consistence,or have slightly sticky to sticky or nonplastic,slightly plastic to plastic wet soil consistence,arc considered to have predominantly I:I clay minerals and shall be considered SUITABLE as to clay mineralogy. (B) EXPANSIVE CLAY MINERALOGY - Soils which have cithcr very firm or extremely firm moist soil consistence, or have cithcr very sticky or very plastic wet soil consistence. arc considered to have predominantly 2:1 clay minerals(including mixed mineralogy clays)and shall be considered UNSUITABLE as to clay mineralogy_ (4) Organic Soils-Organic soils shall be considered UNSUITABLE. (b) Where the site is UNSUITABLE with respect to structure or clay mineralogy,it may be reclassified PROVISIONALLY SUITABLE after an investigation indicates that a modified or alternative system may be installed in accordance with Rule .1956 or Rule.1957 of this Section. Hi.ston•Note: Authority G.S. 130A-335(e); Eli Jule 1. 1982: Amended Er Jarman'1. 1990. I5A NCAC 18A.1942 SOIL WETNESS CONDITIONS (a) Soil wctncss conditions caused by seasonal high-water table,perched water table.tidal water,seasonally saturated soil or by lateral water movement shall be dctcrmincd by field evaluation for soil wetness colors and field observations,and may be assessed by well monitoring,computer modeling.or a combination of monitoring and modeling as required by this Rule.All sites shall be evaluated by an Authorized Agent of the Department using Basic Field Evaluation Procedures pursuant to Paragraph(b)of this Rule. (b) Basic Field Evaluation Procedures: (I) A soil wetness condition shall be determined by the indication of colors of chroma 2 or less(Munscll Color Charts)at>2%of soil volume in mottles or matrix of a horizon or horizon subdivision. However,colors of chroma 2 or less which arc relic from minerals of the parent material shall not be considered indicative ofa soil wetness condition. (2) A Soil wetness condition shall also be determined by the periodic direct observation or indication of saturated soils or a perched water table,or lateral water movement flowing into a bore hole, monitoring well,or open excavation above a less permeable horizon or horizon subdivision.that may occur without the presence of colors of chroma 2 or less. A soil wetness condition caused by saturated soils or a perched water table shall be confirmed to extend for at least three consecutive days.The shallowest depth to soil wetness condition dctcrmincd by Subparagraph(b)(I)or(b)(2)of this Rule shall take precedence. (c) Site Suitability as to Soil Wetness: Initial suitability of the site as to soil wetness shall be determined based upon the findings of the Basic Field Evaluation Procedures made pursuant to Paragraph(b)of this Rule. Sites where soil wetness conditions arc greater than 48 inches below the naturally occurring soil surface shall be considered SUITABLE with respect to soil wetness.Sites where soil wetness conditions arc between 36 and 48 inches below the naturally occurring soil surface shall be considered PROVISIONALLY SUITABLE with respect to soil wetness. Sites where soil wetness conditions arc less than 36 inches below the naturally occurring soil surface shall be considered UNSUITABLE with respect to soil wctncss. Sites whcrc a soil wetness condition is determined based upon the observation or indication oflatcral water movement within 48 inches of the naturally occurring soil surface shall be considered UNSUITABLE, except when such water can be intercepted in accordance with I SA NCAC I HA.1956(4). (d) Alternative Procedures for Soil Wetness Determination: The Owner or the Owner's Legal Representative(Applicant) shall have the opportunity to submit documentation that the soil wetness condition and resultant site classification be alternately determined and reclassified by direct monitoring- computer modeling, or a combination of monitoring and modeling,in accordance with a Direct Monitoring Procedure.Monitoring and Modeling Procedure,or Modeling Procedure made pursuant to Paragraphs(c).(I),or(g)of this Rule. This determination shall take precedence over the determination made pursuant to the Basic Field Evaluation Procedures[Paragraph(b)of this Rule],when the conditions of Paragraphs(e), (I),or(g)of this Rule arc met. Determination by one of these Monitoring or Modeling procedures shall also be required when: (l) the Owner proposes to use a wastewater system requiring a deeper depth to a soil wetness condition than the depth determined by the Basic Field Evaluation Procedures pursuant to Paragraph(b)of this Rule:or (2► the Owner proposes to use sites with Group ICI or IV soil within 36 inches of the surface and where drainage modifications arc proposed to be made, including the installation of subsurface drain tile,open drainage ditches,or surface landscape modifications,or on such sites when fill is proposed to be used in conjunction with existing or proposed drainage modifications. Final determination of soil wetness condition for these sites shall be made pursuant to the Modeling Procedure in Paragraph(g)of this Rule (e) Direct Monitoring Procedure. Soil wetness conditions may be determined by direct observation of the water surface in wells during periods of typically high water elevations utilizing the following monitoring procedures and interpretation method. (1) The applicant shall notify the local health department of the intent to monitor water surface elevations by submitting a proposal that includes a site plan. well and soil profile at each monitoring location,and a monitoring plan no later than 30 days prior to the monitoring period. An applicant other than the property owner shall have written authorization from the owner to be the owner's legal representative.Soil wetness and rainfall monitoring shall be conducted under the responsible charge of a third-party consultant or by the property owner or the owner's agent_ A third party consultant is qualified when licensed or registered in accordance with G.S.89C(Engineers),G.S.89E(Geologists).G.S.89F(Soil Scientists),or G.S.90A Article 4 (Registered Sanitarian).if required_ The Owner shall submit the name(s)of the consultant(s) performing any monitoring on their behalf to the local health department. (2) The applicant shall submit a site plan showing proposed sites for wastewater system. shall provide the longitude and latitude ofthe site,location of'monitoring wells.and all drainage features that may influence the soil wctncss conditions,and specify any proposed fill and drainage modifications. (3) The applicant shall submit a monitoring plan indicating the proposed number,installation depth.screening depth,soil and well profile,materials and installation procedures for each monitoring well,and proposed method of analysis.A minimum of three water level monitoring wells shall be installed for water surface observation at each site. Additional wells shall be required for sites handling systems with a design flow greater than 60O gallons per day(minimum of one additional well per 600 gallons per day increment). (4) The local health department shall be given the opportunity to conduct a site visit and verify the appropriateness of the proposed plan. Well locations shall include portions of the initial and replacement drainficld site(s)containing the most limiting soil/site conditions.Prior to installation of the wells the local health department shall approve the plan. If the plan is disapproved, the local health department shall include specific changes necessary for approval of the monitoring plan. (5) Wells shall extend at least five feet below the natural soil surface,or existing soil surface for fill installed prior to July I, 1977 meeting the requirements for consideration of a site with existing till of G.S. 130A- 341 and the rules adopted pursuant thereto. However,a well or wells which extcnd(s)down only 40 inches may be used if they provide a continuous record of the water table for at least half of the monitoring period-and one or more shallower wells may be required on sites where shallow lateral water movement or perched soil wetness conditions arc anticipated. (6) Water surface in the monitoring wells shall be recorded at least daily from January' I to April 30.taken at the same time during the day(plus or minus three hours).A rain(precipitation)gauge is required within one-half mile of the site. At least daily rainfall shall be recorded beginning no later than December l through April 30(the end of the well monitoring period). (7) Interpretation Method for Direct Monitoring Procedure:The following method ofdctcnnining depth to soil wetness condition from water surface observations in wells shall be used when the 60-day weighted rainfall index for the January through April monitoring period equals or exceeds the site's long-term (historic) 60-day weighted rainfall index for January to April rainfall with a 30 percent recurrence frequency(wetter than the 9th driest year of 30,on average). The 60-day weighted rainfall index for the monitoring period and historic rainfall record shall be computed as: V�'RIM = 0.5P1) — Pi +P5t +0.5P.. Where = 60-day weighted rainfall index for January to April Po = Total December rainfall P� = Total January rainfall Pt = Total February rainfall Psi = Total March rainfall PA = Total April rainfall The Department shall prepare contour maps for each county where this interpretation procedure is proposed. Contours shall be prepared following standard interpolation procedures using normalized data collected from all National Weather Service Stations, or equivalent, from which appropriate data arc available,at least prior to February I of the monitoring season. Data from each station shall be normalized by fitting a 2-parameter gamma distribution to the 60-day weighted rainfall index computed for at least the most recent thrcc decades of historic data, in accordance with procedures outlined in Chapter 18 of the National Engineering Handbook,NRCS.USDA.From this fitted distribution,the 60-day weighted rainfall index for January through April rainfall with a 30%.50%,70%and 80%recurrence frequency shall be computed for each Station.to provide the raw data points from which the contour maps shall be prepared. From these maps.the site's 60-day weighted rainfall index for the January through April monitoring period shall be compared to the long-term(historic)January to April 60-day weighted rainfall index at different expected recurrence frequencies. The soil wetness condition shall be determined as the highest level that is continuously saturated for the number of consecutive days during the January through April monitoring period shown in the following table: Recurrence Frequency Range Number of Consecutive Days January to April 60-Day of Continuous Saturation Weighted Rainfall Index for Soil Wetness Condition 30%to 49.9°%b 3 days or 72 hours 50%to 69.9°0 6 days or 144 hours 70%to 79.910 9 days or 216 hours 80%to 100% 14 days or 336 hours (8) If monitoring well data is collected during monitoring periods that span multiple years,the year which yields the highest(shallowest)soil wetness condition shall be applicable. (f) Monitoring and Modeling Procedure: A combination of monitoring and modeling may be used to determine a soil wetness condition utilizing the following monitoring procedures and interpretation method. (I) Thc procedures described for the Direct Monitoring Procedure in Subparagraphs(c)(I).(2).(3).(4),(5). and(6)of this Rulc shall be used to monitor water surface elevation and precipitation for determining soil wetness conditions by a combination ofdircct observation and modeling.except that the rainfall gauge and each monitoring well shall use a recording device and a data file (DRAINMOD-compatible) shall be submitted with the report to the local health department(devices shall record rainfall at least hourly and well water level at least daily). (2) The ground water simulation model DRAINMOD shall be used to predict daily water levels over at least a 30 year historic time period after the model is calibrated using the water surface and rainfall observations made on-site during the monitoring period. The soil wetness condition shall be determined as the highest level predicted by the model to be saturated for a 14-day continuous period between January 1 and April 30 with a recurrence frequency of 30 percent(an average of at least 9 years in 30). (A) Wcathcr input files. required to run the DRAIN MOD,shall be developed from hourly rainfall gauge data taken within a half-mile of the site and from daily temperature and hourly or daily rainfall data collected over a minimum 30-year period from the closest available National Wcathcr Service.or equivalent,measuring station to the site. DRAINMOD weather data files on file with the Department shall be made available upon request to the applicant or applicant's consultants. Daily maximum and minimum temperature data for the January 1 through April 30 monitoring period,plus for at least 30 days prior to this period,shall be obtained from the closest available weather station. (B) Soil and Site inputs for DRAINMOD. including a soils data file closest to the soil series identified,depths of soil horizons.estimated saturated hydraulic conductivity of each horizon. depth and spacing of drainage features and depression storage,shall be selected in accordance with procedures outlined in the DRAINMOD Users Guide. and guidance is also available in Reports 333 and 342 of the University of North Carolinas Water Resources Research Institute. DRAINMOD soils data files on file with the Department shall be made available upon request to the applicant or applicant's consultants. (C) Inputs shall be based upon site specific soil profile descriptions Soil and site input factors shall be adjusted during the model calibration process to achieve a best fit by least squares analysis of the daily observations over the whole monitoring period (mean absolute deviation between measured and predicted values no greater than eight inches), and to achieve the best possible match between the highest water table depth during the monitoring period (measured-vs- predicted)that is saturated for 14 consecutive days. (D) For sites intended to receive over 1500 gallons per day. the soil wetness determination using DRAINMOD shall take into consideration the impact of wastewater application on the projected water table surface. (F) The ground water simulation analysis shall he prepared and submitted to the local health department by individuals qualified to use DRAINMOD by training and experience and who arc licensed or registered in North Carolina if required in G.S. 89C (Engineers). G.S. 89E (Geologists).and G.S.89F(Soil Scientists).The local health department or Owner may request a technical review by the Department prior to approval of the soil wetness condition determination. (g) Modeling Procedure: A soil wetness condition may be determined by application of DRAINMOD to predict daily water levels over at least a 30 year historic time period after all site specific input parameters have been obtained.as outlined in the DRAINMOD Users Guide. This modeling procedure shall be used when a ground water lowering system is proposed for a site with Group III or IV soils within 36 inches of the naturally occurring soil surface.This procedure shall also be used to evaluate sites with Group III or IV soils within 36 inches of the naturally occurring soil surface, where the soil wetness condition was initially determined using a procedure described in Paragraphs(c)or(f) of this Rule and where drainage modifications are proposed or when fill is proposed to be used in conjunction with existing or proposed drainage modifications.The soil wetness condition shall be determined as the highest level predicted by the model to be saturated fora 14-day continuous period between January 1 and April 30 with a recurrence frequency of 30 percent(an average ofat least 9 years in 30). (1) Weather input files.required to run DRAINMOD,shall consist of hourly rainfall and daily temperature data collected over the entire period of record but for at least a 30-year period from the closest available National Weather Service.or equivalent,measuring station to the site. DRAINMOD weather data files on file with the Department shall be made available upon request to the applicant or applicant's consultants. (2) Soil and Site inputs for DRAINMOD.including a soils data file closest to the soil series identified,depths of soil horizons,hydraulic conductivity of each horizon,depth and spacing of proposed drainage features and surface storage and drainage parameters.shall be selected in accordance with procedures outlined in the DRAINMOD User's Guide. DRAINMOD soils data files on tile with the Department shall be made available upon request to the applicant or applicant's consultants. Inputs shall include: (A) Soil input tile with the soil moisture characteristic curve and data for the soil profile that is closest to the described soil profile that is present on the site: (B) Soil horizon depths determined on site: (C) Site measured or proposed drain depth and spacing.and drain outlet elevation: (D) In-situ saturated hydraulic conductivity measurements for at least three representative locations on the site and at each location for at least three most representative soil horizons within five feet of the surface. Conductivity measurements shall be for one representative soil horizon at or above redoximorphic depletion features and two representative soil horizons at and below redoximorphic concentration features at each location on the site: (E) All other model parameters based upon the DRAINMOD User's Guide,or other accepted values consistent with the simulation model:and (F) A sensitivity analysis shall be conducted for the following model parameters: (i) Soil input tiles for at least two other most closely related soil profiles: (ii) Saturated hydraulic conductivity of each of horizons measured on-site: (iii) Drain depth and spacing:and (iv) Surface storage and depth of surface flow inputs. Thc sensitivity analysis shall be used to evaluate the range of soil and site characteristics for choosing input parameters related to the soil profiles,hydraulic conductivity input values based upon the range of hydraulic conductivity values measured on the site.and inputs for surface and subsurface drainage features based upon the range of possible elevations and distances that occur or may occur after installation of improvements. The sensitivit y analysis shall establish which parameters are most critical for determination of the depth to soil wetness condition. Conservative values for the most critical parameters shall be used in applying the model to the site. (3) For sites designed to receive over 600 gallons per day.the soil wetness determination using DRAINMOD shall take into consideration the impact of wastewater application on the projected water table surface. (4) The ground water simulation analysis shall be prepared and submitted to the local health department by individuals qualified to use DRAINMOD by training and experience and who arc licensed or registered in North Carolina if required in G.S.89C(Engineers).G.S.89E(Geologists),and G.S.89F(Soil Scientists). The local health department shall submit the ground water simulation analysis to the Department for technical review prior to approval of the soil wetness condition determination. (h) A report of'the investigations made for the Direct Monitoring Procedure, Monitoring and Modeling Procedure or Modeling Procedure pursuant to Paragraphs(c).(f),or(g)of this Rule shall be prepared prior to approval of the soil wetness condition determination. Reports prepared by a licensed or registered professional shall bear the professional seal of the person(s)whom conducted the investigation(Engineer,Geologist. Soil Scientist or Registered Sanitarian). A request for technical review of'the report by the Department shall include digital copies of'monitoring data and digital copies of model inputs,output data,and gaphic results,as applicable. (j) Where the site is UNSUITABLE with respect to soil wetness conditions. it may be reclassified PROVISIONALLY SUITABLE ifa modified,alternative or innovative system can be installed in accordance with I 5A NCAC 18A.1956,.1957. or.1969. lliclor'Note: Authority G.S. 130A-335/e/: Elf.Judy 1. 1982: Amended Elf January 1. 1990; Tenrpornn'Amendment Eff June 24.2003:April 17.2002: Amended Eff.. May 1. 2004.