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Home My WebLink AboutEHPR-01-2023-43181.TIF catawba county public health 3/17/2023 Sean Russell 127 E Cherry St Lincolnton, NC 28092 Re: Application for Improvement Permit for 5092 OVERLOOK DR,CLAREMONT NC Health Department file number EHPR-01-2023-43181 Dear Sir: The Catawba County Health Department, Environmental Health Division on 2/6/2023,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 2 bedroom home 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) Unsuitable soil characteristics(structure or clay mineralogy)(Rule.1941) Unsuitable soil wetness condition(Rule.1942) X Unsuitable soil depth (Rule.1943) Presence of restrictive horizon(Rule .1944) X Insufficient space for septic system and repair area (Rule .1945) 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 Cctcwhc County Government Center 25 Government Drive PO Box 389 I Newton NC 28658 1 828.465.8210 MAKING. LIVING. BETTER. Page 2 For the reasons set out above,the property is currently classified UNSUITABLE,and no improvement permit shall be issued for this site in accordance with Rule.1948(c). Note that a site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule.1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to an informal review of this decision. You may request an informal review by the soil scientist or environmental health supervisor at the local health department. You may also request an informal review by the North Carolina Department of Health and Human Services regional soil scientist. A request for informal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal,you must file a petition for a contested case hearing with the Office of Administrative Hearings, 1711 New Hope Church Rd, Raleigh, NC 27609. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at 984-236- 1850 or download it from the OAH web site at http://www.oah.nc.gov. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150B-23 and all other applicable provisions of Chapter 150B. N.C. General Statute 130A-335(g) provides that your hearing would be held in the county where your property is located. Please note: If you wish to pursue a formal appeal,you must file the petition form with the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date of this letter is 03/17/2023. 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 150E-23)to serve a copy of your petition on the Office of General Counsel,N.C. Department of Health and Human Services, 2001 Mail Service Center, Raleigh, N.C. 27699-2001. Do not serve the petition on your local health department. Sending a copy of your petition to the local health department will not satisfy the legal requirement in N.C.General Statute 150E-23 that you send a copy to the Office of General Counsel, N. C. Department of Health and Human Services. You may call or write the local health department if you need any additional information or assistance. Si rely, De" roefs can Evans, REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1940, .1943, .1945, .1948 15A NCAC 18A.1940 TOPOGRAPHY AND LANDSCAPE POSITION (a) Uniform slopes under 15 percent shall be considcrcd SUITABLE with respect to topography. (b) Uniform slopes between 15 percent and 30 percent shall be considcrcd 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. (I) The surface area on or around a ground absorption sewage treatment and disposal system shall be landscaped to provide adequate drainage ifdircctcd 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. History Note.- Authority G.S. 130A-335tel: Eft.July 1. 1982: Amended EY]:January 1. 1990. '' Catawba County Environmental Health �s S. :I. .s•50 8 75 GP'. O i r o�� Q� C .5 We( „ 3.6'111114plr, 44k X / / ` RSV __. _ NI GA 1 I I I k.,,i 0 .. 9` Q i t ! r O� ��i� vp'le 0A\ Y 1110* 111# ,0 .9 7 ® 50l•• 1 9 `�J3 130r1 CJ U 5 ...u` •5078 Parcel:377403344168, 5092 OVERLOOK DR 1 in=40ft CLAREMONT, 28610 This map/report product was prepared from the Catawba County NC Geospatial Information Services. Catawba County has made substantial efforts thensure insdependenttvvermc of atio location any data oointained on this map/report Information contained prrodduct byn this the a user.The Cou or data on this nty of Catawba,its rt.Catawba employees,agents,ands and mends personnel,disclaim,and shall not be held liable for any and elldamages,loss or liability,whether direct.Indirect or consequential which anses or may arise from thla map/report product or the use thereof by Copperson or entity. yright 2023 Catawba County NC 03/02)2023 DVPARTM OF DIV ION'OF PUBLIC I ILEAL111.ENVIRONMI NTAICI lEAL I I ON-SITE WATER PROTECTION TI I SC:CI'ION Shee1 of! TECTION IIRANCI I PROPERTY ID : SOIL/SITE EVALUATION COUNTY: for ON-SITE WASTEWATER SYSTEM (Complete all Ral&In full) OWNER: ADDRESS:—Ce4-111 Vuss e 2 - APPLICATION DATE 0l�.1 PROPOSED FACILITY: r-- PROPOSED DESIGN FLOW(.1949): VO PROPERTY SIZE:DATE o yy z Z LOCATION OF SITE:_,�D f L rc'I z)k, WATER SUPPLY j to 0 Public 0 Well 0 Spring ❑Other PROPERTY RECORDED: EVALUATION METHOD: OCer Boring 0Pit 0Cut EVALUATION TYPE OF WASTEWATER`�Eegewage 0 Industrial Process 0 Mixed P • R SOIL MORPHOLOGY F OTHER 1940 (.1941) PROFILE FACTORS E LANDSCAPE HORIZON POSITION/ DEPTH .1942 II SLOPE% (IN.) PROFILE, .194t .1941 SOIL .1943 .19% .1944 CLASS STRUCTURE/ CONSISTENCE/ WETNESS! SOIL SAPRO RESTR &LTAR TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ L 13 O —30 $bk C F- / Bc .30. 1,),a eh. Fr- PS 60 / / t3 L, 26 W.th/c. t1— r,— . 2 �q 36'1 ivfer 1Q use. / A / 3� / �`I p Z 6 1 S b/c C_ rr 3 DC-36-sy �541c G� F,— S� J P S SO / / 13 Q-3b s bk C_ Pc- k 30-3g Gas -( � ( Dr 1. 4 3K'f Rik Broke le r / / • mf DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): SITE CLASSIFICATION(.1948): Available Space(.1945) EVALUATED BY: 1 t 1)q 11S System Type(s) OTHER(S)PRESENT: ) fflit( j e s Site LTAR ` COMMENTS: Updated February 2014 ISA NCAC 18A.1943 SOIL DEPTH (a) Soil depths to saprolitc,rock,or parent material greater than 48 inches shall be considered SUITABLE as to soil 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 saprolitc, rock. or parcnt 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. Histoty Note: Authority G.S. 130A-335ie1: Eff July 1, 1982: Amended Eff August 1. 1988. Q 15A NCAC 18A.1945 AVAILABLE SPACE (a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption sewage treatment and disposal systems,based upon the square footage of nitrification field required for the long-tern acceptance rate determined in accordance with these Rules. (b) Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph(a)of this Rule. The repair area shall be based upon the area of the nitrification field required to accommodate the installation of a replacement system as specified in Rule.1955,_1956,or.1957 of this Section. Prior to issuance of the initial Improvement Permit for a site,the local health department shall designate on the permit the original system layout.the repair area,and the type of replacement system_ (c) The repair area requirement of Paragraph(b)of this Rule shall not apply to a lot or tract of land: (l) which is specifically described in a document on file with the local health department on July 1, 1982.or which is specifically described in a recorded deed or a recorded plat on January I. 1983;and (2) which is of insufficient size to satisfy the repair area requirement of Paragraph (b) of this Rule, as determined by the local health department;and (3) on which a ground absorption sewage treatment and disposal system with a design daily flow of (A) no more than 480 gallons is to be installed;or (B) more than 480 gallons is to be installed if application for an improvement permit which meets the requirements of Rule.1937(e)of this Subchapter is received by the local health department on or betbre April 1. 1983. (d) Although a lot or tract of land is exempted under Paragraph(c)from the repair area requirement of Paragraph(b).the maximum feasible arca.as determined by the local health department.shall be allocated for a repair area. Hisrort•Nate: :luthorrn G.S. 1324-335r0 and(0: Eli July 1, 1982: Amended Eff February 1. 1992:July 1. 1983:January 1. 1983. 15A NCAC 18A.1948 SITE CLASSIFICATION (a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption sewage treatment and disposal system or have slight limitations that arc readily overcome by proper design and installation. (b) Sites classified as PROVISIONALLY SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules but have moderate limitations. Sites classified Provisionally Suitable require somc modifications and careful planning.design. and installation in order for a ground absorption sewage treatment and disposal system to function satisfactorily. (c) Sites classified UNSUITABLE have severe limitations for the installation and use of a properly functioning ground absorption sewage treatment and disposal system. An improvement permit shall not be issued for a site which is classified as UNSUITABLE. However,where a site is UNSUITABLE it maybe reclassified PROVISIONALLY SUITABLE if a special investigation indicates that a modified or alternative system can be installed in accordance with Rules.1956 or.1957 of this Section. (d) A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules _1955, .1956, or.1957 of this Section or a system approved under Rule .1969 i1'written documentation,including engineering,hydrogcologic.geologic or soil studies,indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall be reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that: (1 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 conic in contact with people,animals,or vectors. The State shall review the substantiating data if requested by the local health department. fliston•,Note: Authority G.S. 130A-33510s Eff July 1, 1982; Amended Eft.1 pril 1. 1993:January I. 1990. U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT In Domestic Mail Only r•-- -0 For delivery Information,visit our website at www.usps.com®. -a Russell Env.He, ,,, DE —0 Certified Mail Fee __-- ID Ul $ IU Extra Services&Fees(check box,add fee as appropirare), •' •' 0 Return Receipt(hardcopy) $ '' .., c\I i—R 0 Return Receipt(eAectronic) $ k_. Postmark I= ['Certified Mall Restricted Delivery S ,0 Here L.' 0 ,---T -Cr, • Adult Signature Required $ In ;$41\ P ['Adult Signature Restricted Delivery$ c3 Postage ''.,-$'- -,4,•- • : 1/ iv 1...11 $ ' . ,21 9s). - ..----- , rr- Total Postage and Fees 0 $ ,--I Sent To EHPR-01-2023-43181 fli r= Street and Apt.Nseoatietteaceil titY, fate,ZIP+12 7-Ethe rry St , ;• - - . In-r. .•• Certified Mail service provides the following benefits: •A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail •A unique identifier for your mailpiece. associate for assistance.To receive a duplicate •Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(Including the recipient's retail associate. signature)that is retained by the Postal Service'" -Restricted delivery service,which provides fora specified period. delivery to the addressee specified by name,or see's authorized agent. Important Reminders. n re service,which requires the •You may purchase Cert �I at least 21 years of age(not First-Class Mail',First- ass Package Service*, available at retail). or Priority Mail°0 service. -Adult signature restricted delivery service,which •Certified Mail service Is not available for requires the signee to be at least 21 years of age international mail. �� ^ 1¢gQovides delivery to the addressee specified •Insurance coverage is not avails urc e'1 C e,or to the addressee's authorized agent with Certified Mall service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mall receipt Is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail Rolm; I. If you would like a postmark on •For an additional fee,u,,,Envirenmentaltn it receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT,Save this receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530.02-000.9047