HomeMy WebLinkAboutRBPR-12-2022-43068.TIF FILED
OFFICE OF ADMINISTRATIVE HEARINGS
07/14/2023 2:30 PM
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CATAWBA 23 DHR 01809
Brian & Maggie King
Petitioner,
V. NOTICE OF CLOSURE
Catawba County Public Health
Respondent.
Petitioner has withdrawn the petition for a Contested Case Hearing in the above-captioned
matter. Therefore, no further proceedings are needed or required to resolve the contested case
captioned above, and this contested case is CLOSED.
This the 14th day of July, 2023.
LA,,;(i 7'1 jrAittor,„
David F Sutton
Administrative Law Judge
CERTIFICATE OF SERVICE
The undersigned certifies that, on the date shown below, the Office of Administrative
Hearings sent the foregoing document to the persons named below at the addresses shown below,
by electronic service as defined in 26 NCAC 03 .0501(4), or by placing a copy thereof, enclosed
in a wrapper addressed to the person to be served, into the custody of the North Carolina Mail
Service Center who subsequently will place the foregoing document into an official depository of
the United States Postal Service:
Brian King
PO Box 43
Terrell NC 28682
Petitioner
Maggie King
maggie_alltravel@yahoo.com
Petitioner
John P Barkley
NC Dept of Justice
jbarkley@ncdoj.gov
Attorney For Respondent
Hyrum J. Hemingway
North Carolina Department of Justice
hhemingway@ncdoj.gov
Attorney For Respondent
This the 14th day of July, 2023.
Melissa Boyd
Paralegal
N. C. Office of Administrative Hearings
1711 New Hope Church Road
Raleigh,NC 27609-6285
Phone: 984-236-1850
catawba county
public health
Date: May 17, 2023 3395
RE: Request for Infon ation on Contested Case Number 23 DHR 01809
Property info: '33.59•Shore Launch Dr, Shen-ills Ford, NC 28673.
Owner/Petitioner: Brian and Maggie King
Attn: Ilyrum Hemingway
Assistant Attorney General
Public Health & Child Welfare
Department of Justice
Requested Written Summary
a) Issues to be Resolved:
Petitioner's application for a septic system to serve a proposed 40 ft. x 60 ft., 2-bedroom
house/garage with no basement has been denied by Catawba County Environmental
Health (CCEH). Based on petitioner's proposed house the following issues prevent the
issuance of a septic permit:
• Insufficient space for septic system and septic repair area.
• Areas of unsuitable fill material on site.
• Setbacks to creek and drainage ways.
• Complex slope patterns.
• Discharge of public water line flushing.
• Based on the investigation and issues observed, CCEH properly denied a septic
system permit to Petitioner?
b) Applicable Statutes and Rules:
• 15A NCAC 18A .1900
1. The west end of the lot has unsuitable topography created by mounds of fill.
Rule .1940(d).
2. Two of the evaluation pits had soils with massive structure and exhibited no
structural peds within 36 inches of the land surface. Rule .1941(a)(2) (E).
3. Two of the evaluation pits had soil wetness conditions at less than 36 inches
below the naturally occurring soil surface. Rule .1942(c).
4. Two of the evaluation pits had 9 inches or less of natural occurring soil. Rule
.1943(b).
catawbacountync.gov
Environmental Health
Catawba County Government Center
25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270
MAKING. LIVING. BETTER.
5. This site does not have sufficient available space for an initial and
replacement septic systems as required by Rule .1945 (a) and (b).
c) Statement of Facts:
On 12/27/2022 Petitioner applied with CCEH for a new septic system to serve a proposed
new house with the following description: 30ft. x 60ft. in dimension, 2-bedrooms,
attached garage.
The initial site visit was made on 2/9/23 by Steven Price. Steven did not flag for
evaluation pits on this day because the property corners, house location, and 50ft creek
setback were not staked.
On 3/3/23 Steven Price flagged 3 locations for evaluation pits to be dug. The 50ft creek
setback was still not marked as requested by CCEH.
Steven Price evaluated 3 backhoe pits on 3/9/23. The Petitioner/Owner was present. The
50ft creek setback had been survey located. On this clay the owner changed the size of the
proposed dwelling from 30'x60' to 40'x60' and re-staked the house footprint to reflect
this change. After seeing the soil problems, Steven told the owner he would have his
supervisor give a second opinion, but it would likely be a denial. Steven also told the
owner she could seek the help of a private licensed soil scientist.
On 3/15/23 Robbie Phelps, On-Site Supervisor, provided a second opinion of soil
evaluation pits and agreed with Steven Price's assessment of application denial.
Denial letter was mailed to Petitioner on 3/20/2023.
On 3/24/23 Steven received a call from Michael Athanas, LSS inquiring for information
about the lot.
The Petitioner's application was denied based on the following factors:
• Insufficient space for septic system and septic repair area.
• Areas of fill material with depths greater than 48 inches.
• Complex slope patterns
• Soil wetness
• Unsuitable natural soil depths.
d) List of Individuals involved:
CCEII Onsitc
• Steven Price, REHS
o 2/9/23 - Initial site visit. Lot not ready.
o 3/3/23 - Flagged locations for evaluation pits to be dug.
o 3/9/23 - Performed soil evaluation.
o 3/15/23 - Site visit with supervisor Robbie Phelps for second opinion.
o 3/20/23 - Issued denial letter to petitioner
• Robbie Phelps, CCEH onsite supervisor
o 3/15/23 - Made site visit with Steven Price for second opinion.
o 3/20/23 - Reviewed denial letter.
e) Other significant matters
• 3395 Shore Launch I)r, lot 61 was created on May 11`h 2000.
• Sometime after the denial letter was mailed, Maggie King stopped by the CCEH
office to discuss lot 25, which is an offsite septic lot for lots 12 and 14.
• After the denial was sent, the petitioner called the CCEH office inquiring about
the application process to locate the septic for 3395 Shore Launch Dr onto 3614
Lake Buff Dr. 3614 Lake Buff Dr. currently has a house, well, and septic system
on it.
f) Copies of all relevant documents:
I. Application
2. Denial letter/evaluation
3. GIS aerial
4. Plat
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PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF(1)CATAWBA
(2)BRIAN&MAGGIE KING )
)
)
(your name) PETITIONER, )
PETITION
v. ) FOR A
) CONTESTED CASE HEARING
(3)CATAWBA COUNTY PUBLIC HEALTH )
RESPONDENT. )
(The State agency or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute§ 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
We have been denied to construct a 2 bedroom home on our vacant lot Q 3395 Shore Launch Dr.,Sherries Ford as the County has deemed the site unsuitable.
11110UNh ar rw imslbaadn,w Mw ame b Irwn our Catawba County Wat.AYnarty as mil s Heat Wally Auamp,flub Mewarr pww low Mani.vb6W'v,m Or,PaOvb d es peal 10 yaenwleca w row 11.4.11114,
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(4)Amount in controversy S (if applicable)
(If more space is needed,attach additional pages.)
(5)Because of these facts,the State agency or board has: (check at least one from each column)
x deprived me of property; x exceeded its authority or jurisdiction;
ordered me to pay a fine or civil penalty;or x acted erroneously;
x otherwise substantially prejudiced my rights; AND failed to use proper procedure;
acted arbitrarily or capriciously;or
failed to act as required by law or rule.
(6)Date: April 5.2023 (7)Your phone number:( ) 704.e81.4520
(8)Print your full address: P.O.BOX 43,TERRELL,NC 28682
(street address/p.o.box) (city) (state) (zip)
(9)Print your name: BRIAN&MAGGIE KING
(10)Your signature:
You must mail or deliver a COPY of this Petition to the State agency or board named on line(3) of this form. You should contact the
agency or board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States
Postal Service with sufficiento°stage affixed OR by delivering it to the named agency or board:
(11) < l"t°t CG (12) edrriet.g9-(f1✓ ?ei C if1jit
(name of person served) A (State agency or board listed on line 3)
(13) 25 �v0(/L'Ie-IV/t/E�tfi i>4). Pe.&K9Y<77r /"E4unyJ. N c .0Y1:7
(street address/p.o.box) ' (city) (state) (zip code)
(14) This the f 2 T 'day of .// ,20 L3 .
(15) 10„ is
0 (your signature)
When you have completed this form, you MUST mail or deliver The ORIGINAL to the Office of Administrative Hearings, 1711 New
Hope Church Road,Raleigh,NC 27609.
H-06 Instructions(06/21)
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RECEIVED
APR 1 8 2023
Environmental Health
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PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF(1)CATAWBA
(2)BRIAN&MAGGIE KING ) _
)
)
(your name) PETITIONER, Y-
PETITION
v. ) FOR A
1 CONTESTED CASE HEARING
(3)CATAWBA COUNTY PUBLIC HEALTH )
)
)
RESPONDENT. )
(The State agency or board about which you are complaining) )
I hereby ask for a contested case hearing as provided for by North Carolina General Statute§ 150B-23 because the Respondent has:
(Briefly state facts showing how you believe you have been harmed by the State agency or board.)
We have been denied to construct a 2 bedroom home on our vacant lot @ 3395 Shore Launch Dr..Sherrile Ford as the County has deemed-the site-unsuitable.
ThIW*M1 ow own mweattptlon.we larva coma to lam pat cwaww count'Woks;Aaevlly as wta as llrRmy Wales AVlhmpy Ilan Um water ppm for am mate suMohNbn on my property rot Ilse past Io yams what snow rendering II unsultnble.
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(4)Amount in controversy$ (if applicable)
(If more space is needed,attach additional pages.)
(5)Because of these facts,the State agency or board has: (check at least one from each column)
x deprived me of property; x exceeded its authority or jurisdiction;
ordered me to pay a fine or civil penalty,or x acted erroneously;
otherwise substantially prejudiced my rights; AND failed to use proper procedure;
acted arbitrarily or capriciously;or
failed to act as required by law or rule.
(6)Date: Apm 5,2023 (7)Your phone number:( ) 7o4.e81.452D
(8)Print your full address: P.O.BOX 43,TERRELL,NC 2°8°2
(street address/p.o.box) (city) (state) (zip)
(9)Print your name: BRIAN&MAGGIE KING
. f(10)Your signature: /v`f
You must mail or deliver a COPY of this Petition to the State agency or-board named on line(3)of this` ri You should contact-the—
agency or board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States
Postal Service with sufficient ostage affixed OR by delivering it to the named agency or board:
(11) 3r CG (12) 67/9///fkg#(o r:iu77' lei !c ifir of
(name of person served) (State agency or board listed on line 3)
(13) 25 ov/ V/c/E4/i 1)2. /fie.ge( Yr? N vN, /Jc- 2-Y6?5F-
(street address/p.o.box) (city) (state) (zip code)
(14)This the I2 r fday of ,8/ ,20 2-3 •
f �'r z° �
(15) a� , ti
(your signature)
When you have completed this form,you MUST mail or deliver the ORIGINAL to the Office of Administrative Hearings, 1711 New
Hope Church Road,Raleigh,NC 27609.
H-06 instructions(06/21) 1 r l 0 t71e U "'L� r' ��//�_ S L)
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FILED
OFFICE OF ADMINISTRATIVE HEARINGS
04!25/2023 10:17 AM
STATE OF NORTH CAROLINA IN THE OFFICE OF
RECEIVED ADMINISTRATIVE HEARINGS
COUNTY OF CATAWBA 23 DHR 01809
MAY 01 2023
DHHI;
Brian & Maggie King OFFICE OF GENERAL.COUNSEL
Petitioner, NOTICE OF CONTESTED CASE
AND ASSIGNMENT
v.
N.C.G.S. §§ 150B-23,33(b)(4)
Catawba County Public Health Article 3
Respondent.
NOTICE IS HEREBY GIVEN that a petition for a contested case hearing was filed with the
Office of Administrative Hearings, pursuant to N.C.G.S. § 150B-23(a) and accepted by the Office of
Administrative Hearings April 14, 2023.
1. In accordance with G.S. 150B-23(a) and 26 NCAC 3 .0103, the Undersigned hereby assigns
Administrative Law Judge David F Sutton to preside in this case.
2. The Parties shall file with the Office of Administrative Hearings a copy of the Document
Constituting Agency Action, which caused the filing of the Petition, within 30 calendar days of the
date of this Notice as well as serve a copy of the Document on the opposing side.
3. An Order for Prehearing Statements is attached. Each party MUST complete and file the
Order for Prehearing Statements with the Office of Administrative Hearings within 30 calendar days
of the date of this Order.
4. If a party changes his or her mailing address, or the address listed for a party is incorrect,
that party must notify the Office of Administrative Hearings of the new or corrected address.
This the 25th day of April, 2023.
EiLlie"c;;°".4t--;°-"12:5'F:'
Donald Robert van der Vaart
Chief Administrative Law Judge
CERTIFICATE OF SERVICE
The undersigned certifies that, on the date shown below, the Office of Administrative
Hearings sent the foregoing document to the persons named below at the addresses shown below, by
electronic service as defined in 26 NCAC 03 .0501(4), or by placing a copy thereof, enclosed in a
wrapper addressed to the person to be served, into the custody of the North Carolina Mail Service
Center who subsequently will place the foregoing document into an official depository of the United
States Postal Service:
Maggie King
PO Box 43
Terrell NC 28682
Petitioner
Brian King
PO Box 43
Terrell NC 28682
Petitioner
Julie Y. Cronin, General Counsel
NC Department of Health and Human Services
2001 Mail Service Center
Raleigh NC 27699
Contact for Respondent
This the 25th day of April, 2023.
Maria G Erwin
Chief Hearings Clerk
N. C. Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609
Phone: 984-236-1850
FILED
OFFICE OF ADMINISTRATIVE HEARINGS
04/25/2023 10:17 AM
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CATAWBA 23 DIIR 01809
Brian & Maggie King
Petitioner,
v ORDER FOR PREHEARING
STATEMENTS
Catawba County Public Health
Respondent.
Pursuant to 26 NCAC 3 .0104, the undersigned Administrative Law Judge hereby ORDERS
the following:
1. Each party MUST complete and file this Prehearing Statement with the Office of
Administrative Hearings at 1711 New Hope Church Road, Raleigh,NC 27609 within 30 calendar days
of the date of this Order. You may attach additional pages if needed. Each party must also serve a copy
of its Prehearing Statement on the opposing party within 30 calendar days of the date of this Order.
2. Failure of a party to comply with this Order for Prehearing Statements may result in the
Administrative Law Judge imposing one or more of the sanctions set forth in N.C.G.S. 150B-33(b)(10)
and 26 NCAC 03.0114(a) against the non-complying party, including dismissal of the contested case
petition.
PREHEARING STATEMENT
I. The issue(s) to be resolved:
2. A brief statement of the facts and reasons supporting the issue(s) in dispute:
3. The statutes, rules, and legal precedent, if known:
4. A list of proposed witnesses you may call at the hearing:
5. Whether you wish to pursue discovery. If so, the estimated time required. (Discovery is a
legal means by which the parties may prepare for hearing and acquire previously unknown facts and
information about the case from the other party through pretrial procedures and rules such as
depositions, interrogatories and exchanging of exhibits.):
6. If you received a Scheduling Order, is the date and location of the hearing on the Scheduling
Order acceptable? If not, you must file a separate request(motion) for a change.
7. If you do not have an attorney representing you in this contested case, please provide the
following information in order to receive communications from the Office of Administrative Hearings
about your case:
Home address:
Business address:
Telephone number(s):
Email address:
8. Estimated length of hearing:
9. Please list any special needs/considerations you may require for the hearing:
YOUR SIGNATURE
PRINT YOUR NAME
SO ORDERED, this the 25th day of April, 2023.
av-c\d/ j—tAil941\-
David F Sutton
Administrative Law Judge
CERTIFICATE OF SERVICE
The undersigned certifies that, on the date shown below, the Office of Administrative
Hearings sent the foregoing document to the persons named below at the addresses shown below, by
electronic service as defined in 26 NCAC 03 .0501(4), or by placing a copy thereof, enclosed in a
wrapper addressed to the person to be served, into the custody of the North Carolina Mail Service
Center who subsequently will place the foregoing document into an official depository of the United
States Postal Service:
Maggie King
PO Box 43
Terrell NC 28682
Petitioner
Brian King
PO Box 43
Terrell NC 28682
Petitioner
Julie Y. Cronin, General Counsel
NC Department of Health and Human Services
2001 Mail Service Center
Raleigh NC 27699
Contact for Respondent
This the 25th day of April, 2023.
•
.
Maria G Erwin
Chief Hearings Clerk
N. C. Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609
Phone: 984-236-1850
FILED
OFFICE OF ADMINISTRATIVE HEARINGS
04/25/2023 10:17 AM
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CATAWBA 23 DHR 01809
Brian & Maggie King
Petitioner,
v. SCHEDULING ORDER
Catawba County Public Health
Respondent.
Pursuant to N.C.G.S. § 150B-23, the undersigned Administrative Law Judge establishes the
following Scheduling Order:
I. The hearing for this contested case will be the week beginning July 31, 2023 in Morganton,
North Carolina.
2. At least 15 days prior to the hearing, the parties will receive a Notice of Hearing from the
Office of Administrative Hearings, by either electronic mail or the U.S. Postal Service,
specifying the date, time and location of the hearing.
3. The parties shall complete discovery on or before July 10, 2023.
4. The parties shall file dispositive motions on or before July 17, 2023.
SO ORDERED, this the 25th day of April, 2023.
avv ...vitii:/74,\_
David F Sutton
Administrative Law Judge
CERTIFICATE OF SERVICE
The undersigned certifies that, on the date shown below, the Office of Administrative
Hearings sent the foregoing document to the persons named below at the addresses shown below, by
electronic service as defined in 26 NCAC 03 .0501(4), or by placing a copy thereof, enclosed in a
wrapper addressed to the person to be served, into the custody of the North Carolina Mail Service
Center who subsequently will place the foregoing document into an official depository of the United
States Postal Service:
Maggie King
PO Box 43
Terrell NC 28682
Petitioner
Brian King
PO Box 43
Terrell NC 28682
Petitioner
Julie Y. Cronin, General Counsel
NC Department of Health and Human Services
2001 Mail Service Center
Raleigh NC 27699
Contact for Respondent
This the 25th day of April, 2023.
IT
Maria G Erwin
Chief Hearings Clerk
N. C. Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609
Phone: 984-236-1850
HEARING ASSISTANT/COURT REPORTER/INTERPRETER
REQUEST FORM
TO: Calendaring Clerk
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh NC 27609
Phone: 984-236-1850
ADMINISTRATIVE LAW
JUDGE David F Sutton
CASE NUMBER 23 DHR 01809
Brian& Maggie King
Petitioner,
CASE NAME v.
Catawba County Public Health
Respondent.
I request that the above-styled hearing be recorded using the following method (check one):
❑ Hearing Assistant(Provided by the Office of Administrative Hearings)
❑ Court Reporter IMPORTANT NOTICE: (Party requesting the Court Reporter is
responsible for obtaining and paying all fees associated with hiring a Court Reporter authorized and
approved to prepare transcripts of proceedings in the General Court of Justice by the Administrative
Office of the Courts. A list of authorized Court Reporters may be found by accessing the following
link: https://www.nccourts.gov/documents/publications/court-reporters-transcriptionists )
❑ I am requesting an interpreter to assist during my appeal. My Primary Language is:
I am the: ❑Petitioner or 0 Respondent or
❑Attorney for Petitioner 0 Attorney for Respondent
Your signature Date Print or type your name
Street or Post Office Box City, State and Zip Code
Area Code and Telephone Number
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ct N*C Gss REPLY TO:
JOSHUA H.STEIN a Ilyrum Hemingway
ATTORNEY GENERA! �j;��' Public Health&Child Welfare
■_ _ TEL:919-716-6849
9a eP FAX:919-716-6758
OaNFY G��k
May 3, 2023
To: Mr. Robbie Phelps
rphelps@catawbacountync.gov
RE: Request for Information: Brian & Maggie King v. Catawba County Public Health,
23 DIM 1809
Dear Mr. Phelps:
I have received the attached Petition for a Contested Case Hearing, Notice of Contested
Case and Assignment, Scheduling Order and Order for Prehearing Statements in the above-
referenced matter. I need the following information regarding this case:
1. A written summary including:
a. the issues to be resolved;
b. citation of the applicable standards and rules;
c. a brief statement of the facts and justification for the action taken by your
agency;
d. a list of the individuals involved in this matter with a description of their
respective roles;
e. any other matter you think significant to this case; and
f. copies of all relevant documents.
The Office of Administrative Hearings has ordered me to file a Prehearing Statement in
this case. Accordingly, I would appreciate it if you could provide me with the requested
information within 10 days by email at hhemingway@ncdoj.gov or by fax at 919-716-6758.
This case has been tentatively scheduled for administrative hearing in Ayden during the
week of March 20, 2023. If this schedule presents a problem for you or your staff, please let me
know as soon as possible. The regional specialist also should let me know if this time frame poses
any problems for his or her schedule.
WWW.NCDOJ.GOV 114 W.EDENTON STREET,RALEIGH,NC 27603 919.716.6400
P.O. BOX 629,RALEIGH,NC 27602-0629
Finally, if the Petitioner, Tamir Faison, or an attorney or agent representing him contacts
you about this case, please do not discuss the case. Refer the person to me. You may give out my
telephone number, 919-716-6849. Please pass this request on to your staff as well.
Thank you for your timely attention to this matter. Please call me if you have any questions
or concerns.
Best regards.
Hyrum Hemingway
Assistant Attorney General
cc: Alan McKinney: Environmental Ilealth Regional Specialist- alan.mckinney@dhhs.nc.gov
WWW.NCDOJ.GOV 114 W.EDENTON STREET,RALEIGH,NC 27603 919.716.6400
P.O. BOX 629, RALEIGH,NC 27602-0629
i°11)..\11111111.
NOP
catawba county
public health
March 20, 2023
Brian&Maggie King
PO Box 43
Terrell,NC 28682
Re: Application for Improvement and Authorization to Construct Permits for a proposed 2 Bedroom house at
3395 Shore Launch Dr,Sherrills Ford, NC 28673;Health Department file number RBPR 12-2022-43068.
Dear Mr.&Mrs. King:
The Catawba County Health Department, Environmental Health Division between the dates of March 9 and March
15,2023,evaluated the above referenced property at the site designated on the plat/site plan that accompanied
your permit application. According to your application the site is to serve a 2 bedroom house with a design
wastewater flow of 240 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:
X 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)
X 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
Cctcwbc 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 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,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 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 March 20, 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,
5t,...„,„ --P,-
Steven Price, REHS
Environmental Health Specialist
Enclosures: Rule.1940, .1941, .1942, .1943, .1945, .1948
15A NCAC I8A.1940 TOPOCRL.APIIY AND LANDSCAPE POSITION
(a) Uniform slopes under 15 percent shall be considered SUITABLE with respect to topography.
(b) Uniform slopes between 15 percent and 30 percent shall be considered PROVISIONALLY SUITABLE with respect to
topography.
(c) Slopes greater than 30 percent shall be considered UNSUITABLE as to topography. Slopes greater than 30 percent may
be reclassified as PROVISIONALLY SUITABLE after an investigation indicates that a modified system may be installed in
accordance with Rule .1956 of this Section: however. slopes greater than 65 percent shall not be reclassified as
PROVISIONALLY SUITABLE.
(d) Complex slope patterns and slopes dissected by gullies and ravines shall be considered UNSUITABLE with respect to
topography.
(c) Depressions shall be considered UNSUITABLE with respect to landscape position except when the site complies
essentially with the requirements of this Section and is specifically approved by the local health department.
(f) The surface area on or around a ground absorption sewage treatment and disposal system shall he landscaped to provide
adequate drainage if directed by the local health department. The interception of perched or lateral ground-water movement
shall be provided where necessary to prevent soil saturation on or around the ground absorption sewage treatment and
disposal system.
(g) A designated wetland shall be considered UNSUITABLE with respect to landscape position,unless the proposed use is
specifically approved in writing by the U.S. Army Corps of Engineers or the North Carolina Division of Coastal
Management.
1listotyNote: Authority G.S. 130A•33.51eE:
Ef(. July 1, 1982:
Amended Ef]:Armory 1. 1990.
ISA NCAC I8A.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 of sand,silt.and clay sized mineral particles in the tine-earth fraction of
the soil are referred to as soil texture. The texture of the 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 1 - 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 III. 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. The clayey group includes sandy clay,silty
clay, and clay textural classes and shall be considered PROVISIONALLY SUITABLE with
respect to texture.
(E) The 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:
(i) 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.
(iii) Sandy Loam: Sandy loam has a gritty feel and forms a ball that can be picked up with
the lingers 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 from 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 nondistinct 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 gritty 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 trim 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-4?2 procedures for sieve
and hydrometer analyses which arc hereby adopted by reference in accordance with G.S.
150B-14(c)_ For fine 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 have crumb or granular structure
shall be considered SUITABLE as to structure.
(B) BLOCK-LIKE SOIL STRUCTURE-Block-Like Soil Structure with pcds 2.5 cm(I 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 structure.
(C) PLATY SOIL STRUCTURE - soils which have platy soil structure within 36 inches of e
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 grained and exhibit no structural
aggregates shall be considered SUITABLE as to structure. Soils which arc massive and exhibit
no structural pcds 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. 150B-14(c). 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.
(3) Clay Mineralogy-Along with soil texture,the mineralogy 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. There arc two major types of clays.including the 1:1 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 Kaolinite and Montmorillonitc 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 hereby adopted by reference in accordance with G.S. 15OB-I4(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-43IS, 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). If the liquid limit exceeds 50 percent and the
plasticity index exceeds 30,the soil shall be considered as having an expansive clay mineralogy. 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 1:I clay minerals and shall be
considered SUITABLE as to clay mineralogy.
(B) EXPANSIVE CLAY MINERALOGY - Soils which have either very firm or extremely firm
moist soil consistence, or have either 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.
History Note: Authority G.S. 130:f-335(e);
EJJ July I. 1982:
Amended Eff January I. 19911
15A NCAC 18A.1942 SOiL WETNESS CONDITIONS
(a) Soil wetness conditions caused by seasonal high-water table,perched water table.tidal water.seasonally saturated soil or
by lateral water movement shall be determined 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)atj2%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 o f 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 determined 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 wetness.
Sites where a soil wetness condition is determined based upon the observation or indication of lateral water movement within
48 inches of the naturally occurring soil surface shall he considered UNSUITABLE. except when such water can be
intercepted in accordance with l5A NCAC 18A.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),(f),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),
(t), or(g)of this Rule are met. Determination by one of these Monitoring or Modeling procedures shall also be required
when:
(I) 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 ili 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
(c) 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.
(I) 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 Sanitarians). 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 of the site.location of monitoring wells,and all drainage features that may influence
the soil wetness 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 600 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
drainfield 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 1, 1977 meeting the requirements for consideration of a site with existing fill of G.S. 130A-
341 and the rules adopted pursuant thereto. However,a well or wells which extend(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 are anticipated.
(6) Water surface in the monitoring wells shall be recorded at least daily from January 1 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 I
through April 30(the end of the well monitoring period).
(7) Interpretation Method for Direct Monitoring Procedure:The following method ofdetcnnining 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:
WRItsi = 0.5Po+P, Pi +PM +0.5P,5
Where WRI,,o = 60-day weighted rainfall index for January to April
Po = Total December rainfall
P1 = Total January rainfall
Pi = Total February rainfall
Pm = 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 1 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 three decades of historic data- in accordance with procedures outlined in Chapter 18 of the
National Engineering Handbook.NRCS,USDA.From this lifted distribution,the 60-day weighted rainfall
index for January through April rainfall with a 30%.50°'e.70%and 8(l°u 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% 3 days or 72 hours
50%o to 69.9% 6 days or 144 hours
70%to 79.9% 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) The procedures described for the Direct Monitoring Procedure in Subparagraphs(c)(I),(2),(3),(4),(5),
and(6)of this Rule shall be used to monitor water surface elevation and precipitation for determining soil
wetness conditions by a combination of direct 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 I and April
30 with a recurrence frequency of 30 percent(an average of at least 9 years in 30).
(A) Weather input files,required to run the DRAINMOD,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
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. Daily maximum and minimum temperature data for the January l 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.
(E) 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 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(t)of this Rule and where drainage
modifications arc proposed or when till 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 o fat 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 file with the Department shall be made
available upon request to the applicant or applicant's consultants. Inputs shall include:
(A) Soil input file 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 files 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.
The 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 sensitivity analysis shall establish which parameters arc 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 ifrequired 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
persons)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 graphic results,as applicable.
0) 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.1%9.
History Note: Authority G.S. 130.1-3351e):
Ef Jule 1, 1982;
Amended LP':January 1. 1990:
Temporary Amendment Ef..June 24, 003:April 17. 2002:
Amended Ef.May 1. 2004.
I5A NCAC 18A .1943 SOIL DEPTH
(a) Soil depths to saprolite,rock,or parent material greater than 48 inches shall be considered SUITABLE as to sod depth.
Soil depths to saprolitc,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):
EU:July 1, 1982:
Amended ET August I. 1988. 4
1SA 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 arca,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 1, 1983;and
(2) which is of insufficient size to satisfy the repair arca 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.
(di 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.
Hisron'.4'ote: 1u:harrn, G.S. 130.1-3351c'1 and():
ElfJuly 1, 1982;
Amended Eff: February 1. 1992;July 1. 1983:Jurruarti 1. 1983.
I5A NCAC 18A.1948 SITE CLASSIFICATION
(a) Sites classified as SUITABLE may be utilized for a ground absorption sewage trcatmcnt and disposal system consistent
with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation ofa ground
absorption sewage trcatmcnt 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 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:
(I) 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 Iocal health department.
History.Note: Authority G.S. 130A-335(e):
Lf July 1. 1982;
Amended Eli:April 1. 1993:January 1. 1990.
DEPARTMENT OF HEALTH AND HUMAN SERVICES Sheet l of
DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID#:
ON-SITE WATER PROTECTION BRANCH t13 p`g COUNTY:_Catawba_
SOIL/SITE EVALUATION �T
for ON-SITE WASTEWATER SYSTEM
,�j (Complete all fields in full)
OWNER /Z c (�f�14,4„ /,cs., ] APPLICATION DATE
ADDRESS: DATE EVALUATED: -V!/z3
PROPOSED FACILITY: Z/t. PROPOSED DESIGN FLOW(.1949): pie PROPERTY SIZE:
LOCATION OF SITE: 3-.m.- .s4o..c L....a D-- PROPERTY RECORDED:
WATER SUPPLY: ❑Private Clublic ❑Well 0 Spring 0 Other
EVALUATION METHOD: fl Au=Boring PI Pit H Cut TYPE OF WASTEWATER: H Sewage 1-1 Industrial Process 11 Mixed
• • • •
P
o SOIL MORPHOLOGY OTHER
* (.1941) PROFILE FACTORS
1 .1940
= LANDSCAPE HORIZON
POSITION/ DEPTH PROFILE
# SLOPE% (IN.) .1942
.1941 .1%1 SOIL •1943 .1956 .1944 CLASS
STRACFURE/ CONSISTENCE/ WETNESS/ SOIL SAPRO RTKSTR <AR
TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ
6 /?_ Zg 4'( G 47'5c 4..,,6 fr, ( yy ,l
1 G S'1 it-31 K'f C 1:u. G.,,.. , el-4 R
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4
I I I I I I I I
DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946):
/ SITE CLASSIFICATION(.1948): II
Available Space(.1945)
mod Uri) EVALUATED B I, f&
System Type(s) 0v4-' .444, OTHER(S)PRESENT:
Site LTAR N A- ev4
COMMENTS:
Updated February 2014
Catawba County Environmental Health 11304S
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DR SHERRILLS FORD, 28673
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