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Home My WebLink AboutEHPR-01-2023-43201.TIF catawba county public health March 29, 2023, Jacquelyn Ward 2501 S 9th Rd 205, Arlington VA 22204 Re: Application for Improvement Permit and Authorization to Construct for 81133`d St NE,Conover NC 28613, Health Department file number EHPR-01-2023-43201. Dear Ms.Ward: The Catawba County Health Department, Environmental Health Division on 3/08/23,evaluated the above referenced property at the site designated on the plat/site plan that accompanied your Improvement Permit application. According to your application the site is to serve a 3 bedroom 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) 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 Catawba County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270 MAKING. LIVING. BETTER. Page 2 For the reasons set out above,the property is currently classified UNSUITABLE,and no improvement permit shall be issued for this site in accordance with Rule.1948(c). Note that a site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule .1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to an informal review of this decision. You may request an informal review by the soil scientist or environmental health supervisor at the local health department. You may also request an informal review by the North Carolina Department of Health and Human Services regional soil scientist. A request for informal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal,you must file a petition for a contested case hearing with the Office of Administrative Hearings, 1711 New Hope Church Rd, Raleigh, NC 27609. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at 984-236- 1850 or download it from the OAH web site at http://www.oah.nc.gov. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 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 3/29/2023. 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. Sincerely, C eyan e Morgan, REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1943, .1945, .1948 cc: James Tarlton Construction LLC,Owner DEPARTMENT OF IIEALTN AND HUMAN SERVICES Shed .J_ of _J DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID 4: 1110?7 i0f1V ON-SITE WATER PROTECTION BRANCH COUNTY: • SOIL/SITE EVALUATION for ON-SITE WASTEWATER SYSTEM (Complete all fields in full) 1 / all OWNER: InM(S -r.,j�- Gpn (.}�pn I LC _ APPLICATION DATE 1(101 Z3 ADDRESS: DATE EVALUATED: PROPOSED FACILITY: yew 1-{oi.4ft PROPOSED DESIGN FLOW(.1949): 3lo &PP PROPERTY SIZE: LOCATION OF SITE: S)1 l/t 33 al 44-, ,1oV'Lt Nc 2SIoi3 PROPERTY RECORDED: WATER SUPPLY: 0 Private [ Public NA 0 Spring 0 Other EVALUATION METHOD: 0 Au_er Boring I it 0 Cut TYPE OF WASTEWATER: M Sewage 0 Industrial Process 0 Mixed • • • P R 0 SOIL MORPHOLOGY OTHER F (.1941) PROFILE FACTORS t .1940 E LANDSCAPE HORIZON POSITION! DEPTH .1942 PROFILE 4 SLOPE% (IN.) CLASS .1941 .1941 SOIL .1943 .1956 .1944 STRUCTURE/ CONSISTENCE! WETNESS! SOIL SAPRO RESTR &LTAR TEXTURE MINERALOGY COLOR DEPTH CLASS HORIZ S o—Ito Set SBX .Fr1SSi5 Al 5 1i -yp C +rocK RBI( S�S�I S�}Cf �5 l� 1 y0-51 goCK (40 LFC 30°19 a z 55 v-Iz ScL Sax s4 5a1) f5 iz -3(i C,+rod 4t3K ;I s, 5e 5D17 tI 2 3V-1d 1oCA 314 LPG Jo!. o, z45 LS 0-1 .SeL 36K pS 1-38 SC 581 t, 3 38- ca 3 8 l.PC 3of a O. Z15 LS 0-10 3cL 514 ps 1a- 3Z C SBfC 4 3Z-1/6 ft)a 3Z ViN? 5a°fo DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): Lk Available Space(.1945) SITE CLASSIFICATION(.1948): th EVALUATED BY: Gal��t��, M"ti1An System Typc(s) OTHER(S)PRESENT: ,J J Site LTAR COMMENTS: Updated February 2014 Catawba County Environmental Health E 11P2-or i073- /mot 192.90 (75) (86) 1111 8 co 1•• 30 1"N 25 I t , .811 g 5a Q(►Q LID .l ft TD < < < < (205) z t` 0 CC rt .801 8 v (205) ir 15.92 189,53 34 32 16.05 0 Parcel: 372207793826, 811 33RD ST NE 1 in=40ft CONOVER, 28613 This map/report product was prepared from the Catawba County,NC GeospeUel information Services. Catawba County has made substantial efforts to ensure the accuracy of location and labeling Information contained on this map or data on this report.Catawba County promotes and recommends the independent vsrfficaUon of any data contained on this map/report product by the user.The County of Catawba,Its employees,agents,and personnel,disclaim,and shall not be held liable for any and all damages,loss or 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 2023 Catawba County NC 03/29/2023 15A NCAC 18A.1943 SOIL DEPTH (a) Soil dcpths 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 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. I30A-335(e); Eff July 1, 1982; Amended Eff August 1, 1988. Q 115A 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 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: (1 j 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 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 reouirements ofRule.1937(c)of this Subchapter is received by the local health department on or before April I. 1983. (d) Although a lot or tract of land is exempted under Paragraph(c)from the repair area requirement of Paragraph(b),the maximum feasible area,as determined by the local health department, shall be allocated for a repair area. History Note: Authority T.S. 130.1-335(e)and(I), Eff July 1, 1982: Amended Eft'. February 1, 1992;July 1, 1983;January 1. 1983. I5A NCAC 18A.1948 SITE CLASSIFICATION (a) Sites classified as SUITABLE may be utilized fora 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 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 local health department. 1listnry Note: Authority G.S. 130A-335(e): Ef(.July 1. 1982; Amended Eff April 1, 1993:January 1, 1990. U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT 2- Domestic Mail Only r- r- For delivery information,visit our website at www.usps.com". `n W. • n •ea ` - Certified Mail Fee rU tiSds'�\ Extra Services&Fees(eneekbox,add fee as ElReturn Receipt(bardcopy) $ • / j \ r-� El Return Receipt(electronic) $ r Poatm r l E 0 Certified Mail Restricted Delivery $ r towel A D El Adult Signature Required $ 0 J/ CI ❑Adult Signature Restricted Delivery$ -� D Postage $ ?',\ Q- Total Postage and Fees $ EHPR-01-2023-43201 ,R Sent To Jacquelyn Ward pStreet andApt.' .90/-304lU 2o5 bits,State,zip+Arttngtort VA 22204 -iVIT T:I.I.Iv1rn11K111.i s.tz--,.rm:.,,.,•t/iallig171:rr 15711mr77,1to d 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 tee,present this delivery. USPS®-postmarked Certified Mail receipt to the •A record of delivery(Including the recipient's retail associate. signature)that Is retained by the Postal Service'" -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: -Adult signature service,which requires the •You may purchase Cert •• •at least 21 years of age(not First-Class Mail°,First- Se .r'� etail). or Priority Mail°servic 111••••••••• - . re restricted delivery service,which •Certified Mall service is notavailable for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified •Insurance coverage Is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.Ho fr ',Rre pitchy a 10 vailable at retail). of Certified Mail service does d o htddge tie (gain that your Certified Mail receipt Is insurance coverage automatically included with accepted as legal proof of mailing,It should bear a certain Priority Mail Items. USPS postmark.If you would like a postmark on •For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the rtplit�yq�r rRavrreouesj a it item at a Post Office-for the following services!—r+err Ut IMenlal fi 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 mailplece. 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 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. • • • Print your name and address on the reverse ' V� ❑Agent so that we can return the card to you. A . �` A 0 Ad, -ssee • Attar.i this card to the back of the mailpiece, B. ' •°c= ed • (Printed Name) ; P:te • ivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1 0 Y If YES,enter delivery address below: ❑ No =Jacquelyn Ward 2501 S 9th Rd 205, Arlington VA 22204 3. Service Type ❑Priority Mail Express® 111111111111 I I I'I I I II I II II I I 011111111 cdult Signature ertified Mail®0 Adult Signature 0 Registered T Restricted Delivery g Delive Mail Restricted ❑Certified Mail Restricted Delivery 0 Signature ConfirmationTM 9590 9402 7759 2152 4096 07 O Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service laheli E Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7021 0950 0001 2506 6774 0 Insured Mall Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 9590 9402 7759 2152 4096 07 United States •Sender:Please print your name,address,and ZIP+4®in this box Postal Service i E C E I\'E DEHPR-01-2023-43201 Cheyanne Morgan, REHS Catawba County Environmental Health kr., 1 3 ,23 PO Box 389 Newton, NC 28658 Environmental Heatttf �1F�il�f��lfflil�ff�€I ti ifii�i t�Ii lF it j3F ii i�i�+ftF fF�F7l t�tll�i