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HomeMy WebLinkAboutRBPR-03-2023-43821.TIF catawba county public health June 28,2023 John Echerd 3970 Stadler Dr NE Conover, NC 28613 Re: Application for property site 3453 Rock Bridge Dr NE,Conover, NC Health Department file number RBPR-03-2023-43821 Dear Mr. Echerd: The Catawba County Health Department, Environmental Health Division on 05/08/2022,evaluated the above referenced property at the site designated on the plat/site plan that accompanied your Improvement Permit and Authorization to Construct application. According to your application the site is to serve a 4-bedroom home with a design wastewater flow of 480 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) 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 Cctowbo 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 Authorization to Construct- Relocation shall be issued for this site in accordance with Rule.1948(c). Note that a site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule.1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to an informal review of this decision. You may request an informal review by the soil scientist or environmental health supervisor at the local health department. You may also request an informal review by the North Carolina Department of Health and Human Services regional soil scientist. A request for informal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal,you must file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at (919)431-3000 or download it from the OAH web site at http://www.ncoah.com/forms.html . The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150E-23 and all other applicable provisions of Chapter 150B. N.C.General Statute 130A-335 (g) provides that your hearing would be held in the county where your property is located. Please note: If you wish to pursue a formal appeal,you must file the petition form with the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date of this letter is 6/28/23. 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, /1:#04t, Dean Evans, REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1940, .1945, .1948 cc: Dwayne Welch,Owner 15A NCAC 18A.1940 TOPOGRAPHY 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 perccnt 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. (1) The surface arca 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. 1listav Note: Authority G.S. 130.1.33 5ter: Eff July 1, 1982: Amended Eff January 1, 1990. 15A NCAC t8A.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. (e) 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 I, 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 reouiremcnts of Rule.1937(c)of this Subchapter is received by the local health department on or before April 1. 1983. (d) Although a lot or tract of land is exempted under Paragraph(c)from the repair arca requirement of Paragraph(b),the maximum feasible area.as determined by the local health department,shall be allocated for a repair area. Histari Note: Authority G.S. 130 f-33i1e)and 09: EJJ.Jul' 1, 198 .amended Elf February 1. 1992:July 1. 1983.January 1. 1983. I5A NCAC I8A.1948 SITE CLASSIFICATION (a) Sitcs classified as SUITABLE may bc utilizcd for a ground absorption sewage treatment and disposal systcm consistent with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption scwagc 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 utilizcd for a ground absorption sewage treatment and disposal systcm consistent with these Rules but have modcratc limitations. Sites classified Provisionally Suitable require some modifications and careful planning.design.and installation in order for a ground absorption scwagc treatment and disposal system to function satisfactorily. (e) Sites classified UNSUITABLE have severe limitations for the installation and use of a properly functioning ground absorption scwagc treatment and disposal systcm. 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,hydrogcologic.geologic or soil studies,indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall bc reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that: (1) a ground absorption system can bc 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 surfacc 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. HistaryNote.: .luthoraty G.S. 130.1-33.3/e/: E,g:.lu/v 1. 1982; Amended Elf April 1. 1993:January 1, 1990. Catawba County Environmental Health S 1S'S 03 ? - • - 42 I •3445 100.0$ •3 43 D`q;h9 90' E9,t 5e ea P POS Pd .b,, For •3453 120.00 2 Doi;Atsce y 14/ • 1 U apr � ao- rn7 r -55APik Zacaon5 54.TT •3467 130.$$ Parcel: 375206394494, 3453 ROCK BRIDGE DR 1in=40ft NE CONOVER, 28613 This maplreport product was prepared from the Catawba Coup ,NC Geospatlal Information Services. Catawba County has made substantial efforts b en sure the accuracy d mti location and lab•Ing lnf atlon on th s map or data on this report.Catawba County promoles and recommends the independent verification of any data contained on INs ma product by the user.The County of Catawba,Its employees,agents.and personnel,disclaim,and shall not be held Babb for any and as damages.loss or liability,whether direct,indirect or consequential which arises or may arise from this maphep:It product or the use thereof by arty person or entity. Copyryd 2023 Catawba County NC 06119/2023 IDE IAR1MIN1OFIilAI.i'II AND IIUMANSERVICES Merl I 4I DIVISIDN(IF 111111.IC 111:A1.11I.ENVIRONMENTAL IMALTII SECTION PROPI(R1Y ID% SZr 3ff✓? 1 ON- Ill:WA1T.R PROTECTION DRANCI I COUNTY ice-- 1 II SOIUSITE EVALUATION for ON-SITE WASTEWATER SYSTEM r, (Complete all fields in full) OWNER: 361r1✓\ 1✓� e r— APPLICATION DATE ADDRESS: ��` DATE EVALUAT D: .S"Q r PROPOSED FACILITY: PROPOSED DESIGN FLOW(.1949): `1 PROPERTY SIZE: a 6 g C. LOCATION OF SITE: PROPERTY RECORDED: WATER SUPPLY: 0 Private Public 0 Well U Spring U Other EVALUATION METHOD: 0 Auger Boring - Pit 0 Cul TYPE OF WASTEWATER: i!1 ewagc 0 Industrial Process 0 Mixed • • a • • P R o SOIL MORPHOLOGY OTHER F (.1941) PROFILE FACTORS 1 L .1940 E LANDSCAPE HORIZON _ POSITION! DEPTH 1942 PROFILE w SLOPE•I. (IN.) .1941 .1941 SOIL .I94J .1956 .1944 CLASS STRUCTURE! CONSISTENCE! WETNESS/ SOIL SAPRO RESTR &LTAR TEXTURE MINERALOGY COLOR DEPTH CLASS IIORI?. 5 o -a6 6 b k cr G. F1— 1 IDS 1 \, �La6 - yg (5�1c c- Fr yg / / c.3 \fin , r3 03o .cbk c fir-- ,r �S EL - y8 cosbk-�- Fr e / 2 y 7 o� PS 30 / / ,c?-C 30-q°, / ©-23 s�,f`.. G L ( z -qg W5�� c �- / y B / l 4 ....7 \�° 0, �-- DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): SITE CLASSIFICATION .1948): ()As-0/41 k Available Space(.1945) r D no SystemType(a) (1 fCI n q EVALUATED BY: ' �t14� c l I OTHERS)PRESENT: Site LTAR (II a A 4 COMMENTS: Updated February 2014 U.S. Postal Service'"" CERTIFIED MAIL° RECEIPT r- Domestic Mail Only i. D For delivery information,visit our website at www.usps.com*k, r` Echerd Env Healt DE "r p"" IM Certified Mail Fee e(+ fl▪_I Extra Services&Fees(check box,add fee as appropriate) / , \*-0 1 ❑Return Receipt(hardconi) $ f �. �i, ry r-1 ❑Return Receipt(electronic) $ 2., J�-",',w�.�-',�"" D ❑Certified Mail Restricted Delivery $ \Cr':r �M� <iy O0 Adult Signature Required $ \/ ' ` \�� ❑Adult Signature Restricted Delivery$ \—T�;F_— `�j O Postage » $ Q' Total Postage and Fees o $ RBPR-03-2023-43821 r R Sent To John Echerd ru p Street and Apt3'10'gu Dr NE City.State,zuGO iOver,NC28613 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 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 byRor C s,• •' •,service,which provides for a specified period. F4! A _ I. I' •, : L ressee specified by name,or ��, ■■■L••�/ t. e .authorized agent. Important Reminders: -Adult signature service,which requires the •You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service', available at retail). or Priority Mail®service. 3 Ad tore restricted delivery service,which •Certified Mail service is notavailable4�L re ue signee to be at least 21 years of age International mail. and provides delivery to the addressee specified •Insurance coverage Is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service doe of ch a the �n �•, i,.kidL Certified Mail receipt is insurance coverage automates a1'�K p14RR9Iinroof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would Ilke a postmark on •For an additional fee,and with a proper this Certified Mall receipt,please present your endorsement on the mailpiece,you may request Certified Mall 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