HomeMy WebLinkAboutEHPR-08-2022-41913.TIF catawba county
public health
February 6,2023
Maria Gonzalez
2146 Hephzibah Church Rd,
Bessemer City, NC 28016
Re: Application for Improvement Permit for property site 3924 E Maiden Rd,Maiden NC 28650,
Health Department file number EHPR-08-2022-41913.
Dear Maria Gonzalez:
The Catawba County Health Department, Environmental Health Division on 12/19/2022,evaluated the above
referenced property at the site designated on the plat/site plan that accompanied your Improvement Permit
application. According to your application the site is to serve a 3-bedroom home with a design wastewater flow of
360 gallons per day. The evaluation was done in accordance with the laws and rules governing wastewater
systems in North Carolina General Statute 130A-333 including related statutes and Title 15A,Subchapter 18A,of
the North Carolina Administrative Code, Rule.1900 and related rules.
Based on the criteria set out in Title 15A,Subchapter 18A,of the North Carolina Administrative Code, Rule.1940
through .1948,the evaluation indicated that the site is UNSUITABLE for a sanitary system of sewage treatment and
disposal. Therefore,we must deny your request for an improvement permit. A copy of the site evaluation is
enclosed. The site is unsuitable based on the following:
Unsuitable soil topography and/or landscape position(Rule.1940)
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(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 PO Box 389 I Newton NC 28658 1828.465.8270
MAKING. LIVING. BETTER.
Page 2
For the reasons set out above,the property is currently classified UNSUITABLE,and no Authorization to Construct-
Relocation shall be issued for this site in accordance with Rule.1948(c).
Note that a site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation
is provided that meets the requirements of Rule.1948(d). A copy of this rule is enclosed. You may hire a
consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as
PROVISIONALLY SUITABLE.
You have a right to an informal review of this decision. You may request an informal review by the soil scientist or
environmental health supervisor at the local health department. You may also request an informal review by the
North Carolina Department of Health and Human Services regional soil scientist. A request for informal review
must be made in writing to the local health department.
You also have a right to a formal appeal of this decision. To pursue a formal appeal,you must file a petition for a
contested case hearing with the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, NC 27699-
6714. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at
(919)431-3000 or download it from the OAH web site at htto://www.ncoah.com/forms.html . The petition for a
contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24
and 150E-23 and all other applicable provisions of Chapter 150B. N.C. General Statute 130A-335 (g)provides that
your hearing would be held in the county where your property is located.
Please note: If you wish to pursue a formal appeal,you must file the petition form with the Office of Administrative
Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date of this letter is 2/6/2023. 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,
James R Ross, REHS
Environmental Health Specialist
Enclosures: Site evaluation
Rule .1943, .1945,and .1948
DEPARTMENT OF HEALTH AND HUMAN SERVICES Shea of
DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HEALTH SECTION PROPERTY ID H:
ON-SITE WATER PROTECTION BRANCH COUNTY: Catawba
SOIL/SITE EVALUATION
for ON-SITE WASTEWATER SYSTEM
(Complete all fields in full)
OWNER: M -
1 , '`� I
�.� hQy '
ADDRESS: ] r��
y r� , �ivt°n/A, DATE EVALUATED:
PROPOSED FACILITY: P O SED D FL (.19 ): / PROPERTY SIZE:
LOCATION OF SITE: S Q _ PROPERTY RECORDED:
WATER SUPPLY: 0 Private 0 Public , ell ❑Spring ❑Other
EVALUATION METHOD: Cl Auier Boring [11-Pit ❑Cut TYPE OF WASTEWATER: IiYSewage ❑Industrial Process ❑Mixed
L y , tr • • �t may. .`4 • y +
rr ' r s SOELMORWAOLOGV�4.' t OTHER �( y,{.
( ) r PROFIT FACTORS• ;
"ee 'a D
E ,__ c 3 f ,.r l,l A f :- •L 1 .:1; + - a 1A:13:' a ` °, P ,l iLF Q.:k �.� ?b. •• s .1941 1941`y(_ •,� ,C ` II t �, 1 54; 1,44 CLASS
',.Pv .}�' : rt 'ark z $TRUCTuRE• CON I t ki vET � OII. Al•g irRO RTs9TR • q dE LIAR ,
�. 40 ' A f- TE'� MIN Y= ,COL =;'DEPTH:' CLASS ;$q� -
o— tr,�j
1
i
"-Loci/!s fr s - 7
- Ze_5"ll
2 I1 ' �_s
, 1.(A 1-e,, /IN. 4+ -/-0 6 //
•
L664,- i./ ides //? 3i
3 i ' ✓s
6---x) 1--fty
4 3 fi G✓o, er , /z_ , it-- Ili Z(/5
DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946):
Available Space(.1945) C
� / _5 SITE CLASSIFICATION 1948):
(�
System Type(s) EVALUATED BY: /
, OTHER(S)PRESE
Site LIAR
COMMENTS:
Updated February 2014
1 jV
' . 1-- \ I
TJiii! EqfliJiTpiiitI
1 - - i /' �� . - may,. "` �� c ,
{ t�
HIIJHI
1
i III 1 iJfi,
' 'illitil
3 . - Ill lii
: g „ •• i li li X-.. ze. / : ,11/6j-i I i
r,ifw • i I!
! ‘ d - .
, ; -,\ :„ iii 7S6 '/./,," 6 wg , 1 /,'/- k 5_3//
\ \
���r /S'
. ' RI \ \\ - .1,- 4.10
1. i. ,t \ . , . ..,.. .•
1 \, • I., • I* •to .
'il ,; N. Y , g �I • I. . . 11111
\ ,21t • \ 1 I
Iii II
,: til 2.1 ..: . %**.:% "` , f,2 \r‘ ',' 4 1s a ! ri
. - .,vc,, \ • .1.... _,.. a 1 4 I • Ili i
V %I'°- II• rr
R % % I - T ' 0-z) F I
N ` 'I.
g ; ; .' ` 1 Via{ Z //
i RId
ri� S
II
p i .1. iR� q [ i I . 1e�jEi9
3li
u j
15A NCAC 18A.1941 SOIL CHARACTERISTICS(MORPHOLOGY)
(a)The soil characteristics which shall be evaluated by the local health department arc as follows:
(I) Texture-The relative proportions of sand, silt,and clay sized mineral particles in the fine-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 I-SANDY TEXTURE SOILS. The sandy group includes the sand and loamy sand
soil textural classes and shall be considered SUITABLE with respect to texture.
(B) SOIL GROUP II-COARSE LOAMY TEXTURE SOILS.The coarse loamy group includes sandy loam
and loam soil textural classes and shall be considered SUITABLE with respect to texture.
(C) SOIL GROUP 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),fonns 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 fingers
and handled with care without breaking.
(iv) Loam: Loam may have a slightly gritty feel but does not show a fingerprint and forms only
short ribbons of from 0.25 inch to 0.50 inch in length.Loam will forma 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 thethumbnail. 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 fine 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 fine-earth fraction(less than 2.0 mm in size)using the sand, silt,
and clay particle sizes as defined in these Rules for field testing when conducted in accordance with
ASTM (American Society for Testing and Materials) D-422 procedures for sieve and hydrometer
analyses which are hereby adopted by reference in accordance with G.S. 150B-I4(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 peds 2.5 cm (1 inch)or less
in size shall be considered PROVISIONALLY SUITABLE as to structure.Block-like soil structure
with peds greater than 2.5 cm(1 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 the naturally
occurring soil surface shall be considered UNSUITABLE as to structure.
(D) PRISMATIC SOIL STRUCTURE - Soils which have prismatic soil structure within 36 inches of
the naturally occurring soil surface shall be considered UNSUITABLE as to structure.
(E) ABSENCE OF SOIL STRUCTURE - Soils which are single grained and exhibit no structural
aggregates shall be considered SUITABLE as to structure. Soils which are massive and exhibit no
structural peds 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 Montmorillonite 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 1,which
is hereby adopted by reference in accordance with G.S. 150B-14(c). The Department may substitute
laboratory determination of the expansive clay mineralogy as defined in these Rules for field testing when
conducted in accordance with ASTM D-4318, procedures A and B, for the determination of liquid limit,
plastic limit, and plasticity index of soils. These procedures are hereby adopted by reference in accordance
with G.S. 150B-14(c). 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,are considered to have predominantly 1:1 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, are 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. 130A-335(e);
Eff July 1, 1982;
Amended Eff.January 1, 1990.
15A NCAC 18A.1945 AVAILABLE SPACE
(a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption
sewage treatment and disposal systems,based upon the square footage of nitrification field required for the long-term
acceptance rate determined in accordance with these Rules.
(b) Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph(a)of
this Rule.The repair area shall be based upon the area of the nitrification field required to accommodate the installation
of a replacement system as specified in Rule .1955, .1956, or .1957 of this Section. Prior to issuance 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) 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 pennit which meets the
requirements of Rule .1937(c)of this Subchapter is received by the local health department on or
before April I. 1983.
(d)Although a lot or tract of land is exempted under Paragraph(c)from the repair area requirement of Paragraph(b),
the maximum feasible area,as determined by the local health department,shall be allocated for a repair area.
History Note: Authority G.S. 130A-335(e)and(n;
1.ff.July 1, 1982;
Amended Eff. February 1, 1992;July I, 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 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:
(1) a ground absorption system can be installed so that the effluent will be non-pathogenic,
noninfectious,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.
History Note: Authority G.S. 130A-335(e);
Eff.July 1, 1982;
Amended Eff April 1, 1993;.January 1, 1990.
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
n-I Domestic Mail Only
Iri
i-n For delivery information,visit our website at w w.usps.com®.
-0
Certified MailQn[aICZ ' Env_Health RR--- --�
o , ,,
i� $ ., � \
fl_I Extra Services&Fees(check bar,add fee as appropriate) �'�
0 Return Receipt(hardcopy) $ --
rR ❑Return Receipt(electronic) $ - _ `.: ma , Q
O 0 Certlked Mel Restricted Delivery $ l�N J.Z77
Em ❑Adult Signature Required $ ` '. �`�
❑Adult Signature Restricted Delivery$ �'°).\
o Postage 8 7
In $
1T Total Postage and Fees
ID $ EHPR-08-2022-41913
,-a Sent To Maria Gonzalez
Ill
o Street and aP2148rFRIAtfbih Church Rd
bystate,zrsassemner CityiNC28016
ku.-igumwmgdwAramplomicomimiwrirzammawaimilIMITI
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 far 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. e •ry d essee specified by name,or
o a orized agent.
Important Reminders: _ . It ':n which requires the
•You may purchase Certified Mall service WI signee to be at least 21 years of age(not
First-Class Mail.,First-Class Package Service', available at retail).
or Priority Mail®service. -Adult signature restricted delivery service,which
•Certified Mall service is not available for r uI nee to beat least 21 years of age
International mall. F E B lr pr�elivery to the addressee specified
•Insurance coverage is not available for purchase by name,or to the addressee's authorized agent
with Certified Mall service.However,the purchase (not available at retail).
of Certified Mall service does not change the •To ensure that your Certified Mail receipt Is
Insurance coverage automatically included with accepted as legal p f of mailing,it should bear a
certain Priority Mail items. Environnlea thle$��}ould like a postmark on
•For an additional fee,and with a proper this Certified Mai i receipt,please present your
endorsement on the mailpiece,you may request Certified Mail item at a Post Office"for
the following services: postmarking.if you don't need a postmark on this
-Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion
of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply
You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.
electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Return
Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records.
PS Form 3800,Apol 2015(Reverse)PSN 7530-02-000-9047
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signature
• Print.your name and address on the reverse X / i1/ 0 Agent
so that we can return the card to you. l� ❑Addressee
• Attach this card to the back of the mailpiece, B. Received by(Pripted Name) C. Date of Delivery
or on the front if space permits. 9 ta( I cl 6 77-,,,'
1. Article Addressed to; D. Is delivery a e r ntYrtrr tr, ❑Yes
If YES,en a�lv address�eigv ' No
d \Maria Gonzalez
2146 Hephzibah Church Rd \ FEB �" t0)_�
Bessemer City, NC 28016
:\
3. Service T !
YP II1'riori[y,:(ulail Express®
111111 IIII III III II II I II I I II 111 11II I III 1.1 dult Signature 0 fSi SignMailature
Rest Deliv Reelstered Mall Restricted�$Q1� e4ltered Mall R
—e Delivery
ertliied Mail Restricted Delivery 0 Signature ConfimlationTM
9590 9402 7759 2152 4098 36 ❑Collect on Delivery O Signature Confirmation
2. Article Number(Transfer from service label) n Collect on Delivery Restricted Delivery Restricted Delivery
❑Insured Mail
7021 0950 0001 2506 6552 ❑Insured Mail Restricted Delivery
(over$500)
PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
USPS TRACKING#
First-Class Mail
11112; Postage&Fees Paid
USPS
Permit No.G-10
9590 9402 7759 2152 4098 36
United States • Sender: Please print your name,address,and ZIP+e in this box
Postal Service
R EC E'VECIHPR-08-2022-41913
ames R Ross, REHS
Catawba County Environmental Health
B �� PO Box 389
FE23 Newton,NC 28658
Environmental Health
8-0-.Zia ; = 1111li 'flijj'i'iliiEl,i'ilil�illi��lfil11„lijliiiiij�fijjiFi�ij