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HomeMy WebLinkAboutEHPR-04-2023-44187.tif B �G TIIIS IS NOT A PERMIT Case# EHPR-04-2023-44187 CATAWBA COUNTY HEALTH TH DEPARTMENT v PLAN REVIEW APPLICATION FOR ENVIRONMENTAL SERVICES /842 sM Environmental Health Plan Review- OSWP IMPROVEMENT Applicant NCDOT (ANTHONY SMITH),, C:980552446I ACSMITH6@NCDOT.GOV Owner PEA RIDGE INVESTMENTS LLC,2887 BUFFALO SE IOALS RD,NEWTON NC 28658 C:8286380023 NAME TO APPEAR ON PERMIT NCDOT (Anthony Smith) SITE ADDRESS: 2887 BUFFALO SHOALS RD,NEWTON NC 28658 PIN# 367803123089 NAME of SUBDIVISION: Lot II 1 Section/Block -- PROPERTY SIZE: Square Feet 128,502.00 Acres 2.95 DIRECTIONS: NC 10,keep straight to get onto NC 16,turn right,property ont he right PRIMARY CONTACT: SEWER TYPE: Septic Tank GALLONS PER DAY: 2825 WATER SUPPLY: Public Water DESCRIBE WORK: IP to relocate septic repair see attached list for design flow SITE INFORMATION Do any of the following apply to the property for which this application is applied? If the answer to any of the questions below is"YES",then supporting documentation is required: Does this site contain any jurisdictional wetlands? No Does this site contain any existing wastewater systems? No Is any of the wastewater going to be generated on the site other than domestic sewage? No Is the site subject to approval by any other public agency? No Are there any easements or right-of-ways on this property? APPLICATION FOR: STRUCTURE TYPE: **NO STRUCTURE SELECTED"" DESCRIPTION OF EXISTING STRUCTURES ON SITE(IF ANY) DIM EXISTING STRUCTURE: NUMBER OF EXISTING BEDROOMS: #OF OCCUPANTS: PROPOSED CONSTRUCTION EMPLOYEES PER SHIFT: NUMBER OF SHIFTS: TOTAL EMPLOYEES: SEATING CAPACITY: TOTAL FLOOR SPACE(SQ FT): Desired system types(Improvement Permit or Authorization to Construct): ACCEPTED: ALTERNATIVE: CONVENTIONAL: OTHER: INNOVATIVE: ANY: Other described: 04/28/2023 16:2I Page I of 3 e CATAWBACOUNTY Case# EIIPR-04-2023-44187 t,k Public Health Department Subdivision -'1 Environmental Health Division PIN# 367803123089 PO Box 389,100-A Southwest Blvd,Newton,NC 28658 /8 su NAME ON PERMIT: Site Address: 2887 BUFFALO SHOALS RD,NEWTON NC 28658 Property Size: Square Feet 128,502.00 Acres 2.95 Directions: NC 10,keep straight to get onto NC 16,turn right,property ont he right Completed applications are valid for a period of 2 years.Improvement Permits are valid:with complete site plan=60 months(5 years);with complete plat =without expiration. An Authorization to Construct will remain valid as long as the Improvement Permit is valid.An Authorization to Construct issued for septic repair is valid for 60 months(5 years).Permits may be revoked if the information on this application/site plan changes or if the intended use for the proposed facility changes. Permits may be revoked if site conditions are altered such that they effect permit conditions or installation requirements I have read this application and certify that the information provided herein is true,complete and correct. Authorized county and state officials are granted right of entry to conduct necessary inspections to determine compliance with applicable laws and rules. I understand that I am solely responsible for the proper identification and labeling of all property lines and corners and making the site accessible so that a complete site evaluation can be performed. The undersigned is the owner of the property or legal agent of the owner. Date: Signature of Applicant or Agent If you need further information or assistance please call 828-465-8270 AREA4 FEENAME DATE FEE AMOUNT Improvement Permit Fee 04/27/2023 $150.00 TOTAL FEES S150.00 FEES ARE NON-REFUNDABLE ONCE A SITE VISIT IS MADE OR WORK ON A PLAN REVIEW HAS COMMENCED SYSTEM REDESIGN AND/OR RETRIP WILL INCUR AN ADDITIONAL CHARGE (SEE FEE SCHEDULE) chapplicatnm 04/28/2023 16:21 Page 2 of 3 LI-IN - Cj-I-)0)3_qLj 1 r- catawba county public health Application for Environmental Healt ervices THIS IS NOT A PERMIT 1 Application is for: ❑New Construction Existing Facility ,Improvement Permit ❑ Authorization to Construct ❑New Septic 0 Septic Repair/Malfunction ❑ Septic Relocation El Septic Expansion ❑ Existing System Inspection or Reconnection ❑ New Well ❑ Replacement W•ll ❑ Well Abandonment ❑ Well Repair /Property Address 'bb rck -05'oA s 1,,,C,.}s,4 Acres Subdivision Lot# Driving Directions to Property_ w y i LP `Describe work J�EC7 A^ S l 1 (.ttbIJ t)\ h RL2 N4(A < �fI M4' 6 ty .At.)Q (2 Applicant Name NM)�� -1 1.►D�t 0, �M, Applicant Address I ~ Phone gsO 5.s Z 440 I Email d, (Rs rill l (2 (7NLan-901J Owner Name �C,X)Cr/1 (.� `vJ Owner Address Phone Email Contractor Name Contractor Address Phone Email Name to Appear on Permit'? ❑Owner 0 Applicant ❑Contractor Who will be the Primary Contact'? ❑Owner El Applicant ❑Contractor Proposed New Construction-Residential Primary Residence ❑ New Residence 0 Addition to Residence #of New Bedrooms*t #of Occupants Project Description Structure Dimensions,also specify dimensions of decks&porches (Choose One) ❑Basement ❑Crawl Space ❑ Slab If Basement,Will There Be Water Using Fixtures In Basement 0 Yes ❑ No Retaining Wall>2' ❑ Yes 0 No Accessory Dwelling #of New Bedrooms*t #of Occupants Structure Dimensions (Choose One) 0 Basement ❑Crawl Space ❑ Slab If Basement,Will There Be Water Using Fixtures In Basement ❑Yes ❑ No Retaining Wall>2' 0 Yes 0 No Accessory Structure(s)Describe Structure(s)Dimensions Plumbing ❑Yes El No Describe Plumbing Needed (Choose One) ❑Basement ❑Crawl Space 0 Slab If Basement,Will There Be Water Using Fixtures In Basement El Yes ❑ No Retaining Wall>2' ❑ Yes ❑ No Multi-Family Residence #of Apartments #Bedrooms per Apartment*t Total#Bedrooms in Structure*t #of Occupants Structure Dimensions (Choose One) ❑Basement ❑Crawl Space ❑ Slab If Basement,Will There Be Water Using Fixtures In Basement ❑Yes ❑ No Retaining Wall>2' 0 Yes 0 No Well Construction/Abandonment/Repair Proposed Well Type ❑ Individual Well ❑ Semi-Public Well ❑Community Well Abandonment Type ❑ Drilled ❑ Bored ❑ Dug ❑ Unknown Well Repair Requested 0 Yes ❑No Describe Will Certified Well Contractor Install Water Line or Electrical Line from Well Head to Pressure Tank?❑Yes 0 No Environmental Health Catawba County Government Center,25 Government Drive I PO. Box 389, Newton,NC 28658 Phone:(828)465-8270 I Fax:(828)465-8276 I EHAdmin@CatawbaCountyNC.gov • Existing Structures on Site Describe Structure Dimensions #of Bedrooms * #of Occupants Basement ❑ Yes El No Basement Plumbing ❑ Yes El No Existing Water Supply El Individual Well El Shared Well—Number of Connections ❑ Conununity Well El County/City/Township Water Line Is a public water supply available?** ❑ Yes El No Commercial ❑Proposed New Construction ❑ Existing/Change of Use ❑Repair Food Service Specify Type #Seats Dining Area(Sq.Ft.)_ #Employees per Shift #of Shifts Church #of Seats Daycare❑ Yes El No #of Children #of Employees per Shift #of Shifts Commercial Kitchen El Yes ❑No Residential Kitchen El Yes 0 No Daycare#of Children #of Employees per Shift #of Shifts Business/Other Specify Type Structure Dimensions Retail Floor Space #of Employees per Shift #of Shifts Other Information Calculated Design Flow,Commercial t (This value will be determined by EH staff) The Applicant shall notify the local health department upon submittal of this application if any of the following apply to the property in question. If the answer to any question is"yes",applicant must attach supporting documentation. ❑Yes 0 No Does the site contain any jurisdictional wetlands? 0 Yes 0 No Does the site contain any existing wastewater systems? 0 Yes 0 No Is any wastewater going to be generated on the site other than domestic sewage? 0 Yes 0 No Is the site subject to approval by any other public agency? 0 Yes 0 No Are there any easements or right of ways on this property? Describe If applying for an Improvement Permit or Authorization to Construct,Please Indicate Desired System Type(s): (systems can be ranked in order of your preference) 0 Accepted 0 Alternative 0 Conventional 0 Innovative 0 Other 0 Any *Any room that will be intended for sleeping at the time of construction or for future consideration should be noted as a bedroom and counted on all applications.The number of bedrooms will be confirmed by rooms identified on floor plans as a bedroom at the time of building permit issuance. This may prevent the need for septic system expansion in the future. t If structure is plumbed but has no bedrooms,calculated design flow will be determined by EH Staff. ** If No,a well permit must be issued with the Authorization to Construct. RETRIP TO THE PROPERTY AND/OR SYSTEM REDESIGN WILL INCUR AN ADDITIONAL CHARGE(SEE FEE SCHEDULE) Environmental Health soil/site evaluations require digging,angering,and/or probing into the ground.Property owner/applicant is responsible for marking all underground utilities,including but not limited to:underground power,cable,telephone,gas,water lines,and irrigation systems/sprinkler systems.Catawba County Environmental Health is not responsible for damage to unmarked utilities. Completed applications are valid for a period of 2 years. Improvement Permits are valid:with complete site plan=60 months(5 years): with complete plat=without expiration. An Authorization to Construct will remain valid as long as the Improvement Permit is valid.An Authorization to Construct,issued for septic repair is valid for 60 months(5 years).Permits may be revoked if the information on this application/site plan changes or if the intended use for the proposed facility changes.Permits may be revoked if site conditions are altered such that they effect permit conditions or installation requirements. I have read this application and certify that the information provided herein is true,complete and correct. Authorized county and state officials are granted right of entry to conduct necessary inspections to determine compliance with applicable laws and rules. I understand that I am solely responsible for the proper identification and labeling of all property lines and corners and making the site accessible so that a complete site evaluation can be performed. The undersigned is the owner of the property or le t the owner. Signature of Owner or Legal Agent ✓� / Date y 2 7- 73 Printed Name of Owner or Legal Agent N c1 /J� Catawba County Environmental Health rk, .. ti SS •4111 ,`%.9, 1.. "tc3 • i tad 69 7••1. 0 `'. ,�co 411.2881 r t �. •2887 • �• G 67,00 k c?' ‘cf Jvr / , o0 0 •289 D' (528) ry Parcel: 367803123089, 2887 BUFFALO SHOALS 1in=100ft RD NEWTON, 28658 This map/report product was prepared from the Catawba County, NC Geospatial 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 verification 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 04/27/2023 Parcel Report - Catawba County NC Parcel Information: Owner Information: Parcel ID: 367803123089 Owner: PEA RIDGE INVESTMENTS LLC Parcel Address: 2887 BUFFALO SHOALS RD Owner2: City: NEWTON, 28658 Address: 2887 BUFFALO SHOALS RD LRK(REID): 201063 Address2: Deed Book/Page: 2390/0452 City: NEWTON Subdivision: State/Zip: NC 28658-8244 Lots/Block: 1/ School Information: Last Valid Sale: $87,500 on 2002-09-10 School District: COUNTY Plat Book/Page: 56/49 Elementary School: BALLS CREEK Legal: LOT 1 BUFFALO SHOALS PL 56-49 Middle School: MILL CREEK Calculated Acreage: 2.950 High School: BANDYS Tax Map: Township: CALDWELL School Map State Road #: 1003 TaxNalue Information: Tax Rates Zoning Information: City Tax District: All in County Zoning District: COUNTY County Fire District: BANDYS Zoning1: PD Building(s) Value: $1,906,700 Zoning2: Land Value: $125,100 Zoning3: Assessed Total Value: S2,031,800 Zoning Overlay: muc-o Year Built/Remodeled: 2003/ Small Area: BALLS CREEK Tax Revaluation 2023: Info, COMPER Split Zoning Districts: / Online Appeals Zoning Agency Phone Numbers Valid Sales (COMPER) for this parcel Contact Tax Dept. at 828-282-2009 Current Tax Bill Miscellaneous: Firm Panel Date: 2007-09-05 Building Permit Address Search for this parcel. Firm Panel #: 3710367800J If available, Building Permits for this parcel. Septic 2010 Census Block: 2000 links are not permits. 2010 Census Tract: 011601 Septic Final Permits prior to 08/2018, contact Agricultural District: PROXIMITY Environmental Health. Building Details WaterShed: WS-IV Protected Area Voter Precinct: P1/Voting Map Parcel Report Data Descriptions List all Owners Deed History Report Assessment Report This map/report product was prepared from the Catawba County,NC Geospatial 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 verification 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. ©2023, Catawba County Government, North Carolina.All rights reserved. Megen McBride From: Angoli, Trish <trish.angoli@dhhs.nc.gov> Sent: Tuesday, March 14, 2023 9:03 AM To: Barkley, John P Cc: Mckinney, Alan H; Megen McBride Subject: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) Attachments: Design Flow.pdf John, Megen and I have discussed the design flow for this site and we both agree with the design flow of 2,825 gpd for the grocery store/meat market/food stand/etc. Alan is also okay with this design flow. I have attached how the design flow was arrived at. Thanks Trish Patricia M. Angoli, PE Environmental Engineer Division of Public Health, On-Site Water Protection Branch NC Department of Health and Human Services Office: 919-707-5878 Mobile: 919-218-2580 Fax: 919-845-3972 trish.angoli(a dhhs.nc,gov 5605 Six Forks Rd 1642 Mail Service Center Raleigh, NC 27699-1642 NCDHHS provides essential services to improve the health, safety and well-being of all North Carolinians. Learn more about NCDHHS initiatives and priorities. Twitter I Facebook I Instagram I YouTube I Linkedln Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official.Unauthorized disclosure of juvenile,health,legally privileged,or otherwise confidential information,including confidential information relating to an ongoing State procurement effort,is prohibited by law.If you have received this email in error,please notify the sender immediately and delete all records of this email. 1 • Grocery store retail square footage and grocery store employees. • Grocery Store Sales Floor Square Footage-10,184sgft �, 12Q o I/ loop 4}2 I1122 d • Groc Store Employees 9Q ��• 2 Cashiers x 2 Shiftsio,IgN _ IC.IV( x in is _______. _ • 1 Manager x 2 Shifts / x, 25 = 00�° i0 U • 2 Stock x 1 shift _ _ r- mat arket square footage and meat market employees. -•----, w 35� ! • Meat Market Square Footage-560sgft --7 50lq{ ' ioo TIL2 1"-_____ _, P • Meat Market Employees 5Lo ; 5.4 7 50: • 2 Employees x 1.5 shifts -� ►oo -• ___ __._ sod f • Deli/food stand squaretge ad too• service employees. `• Deli/Bakery Square Footage-400sgft fpoc4 5�phcl --, 50 al/m(44z Q� • Deli/Bakery Employees yD0_cf x 50 • 2 Employees x 1.5 shifts ) _ __ _ I o Gi) • List kitchen equipment (smoker, cooktop,fryer,oven, dishwasher, etc.). • Outdoor Smoker, (1) 18 inch electric cooktop, (2) small baking ovens -: Hardware store retail square footagea d hardware store employees. ---""—" • Hardware Square Footage-6750sqft —4 120 lib `J cd//boo ft 2 6750 r. 6,'Js 7110• Hardware Store Employees MOD • 2 Employees x 2 shifts --1 ibo ` 10 ``• Convenience store retail squareTooTage an convenien e s o' re employeesT - • Convenience Store Square Footage-1360sqft -4 j' f 00 .R2 1360 ab3 qfk • Convenience Store Employees ! ------ = 1.36x zO 11 • 2 Employees x 2shifts --a lo0 1000 eh Ts the convenience store/gas station open 24 hours? " ------- 3a2 5 spa • NO 5am-9pm M-Sat& 8am-9pm Sunday • Any other employees not counted above. • Number of public restrooms. Include number of fixtures (toilets, urinals,sinks, showers). • 4 Public Restrooms • 5 Toilets - /' T►ei do Hurl {�, Vim, \ • 1 Urinal 00 1�` Ob h� add Soy fd - -Hie flow 1 • 4 Hand Sinks) -fjbNt ihe 3 Employee Sanitary Hand Sinks �! S � � ire • aCCOUrtt be[ai+se I� i5 5iVa • 2-3 Basin Sinks ( (1) Meat& (1) Deli) \ r r a frACI av ' Emplbl ee5 afe CbonAed for -/he -coca Setaft uses. Erliofee5 arc. nol' CO.)n1J .F,:,?( the ce flail v5e5: --__....--.....__ Grocer•/ - 1222 9e Mel Marked - no lQo1 + 151pA= 355 5Pc� Re ��r peSti n c and - 200 TA -t 7 5 Q,I = 17 51 I'il - I:IA F. shall no} exceed -}he mea►► rat 1-104610,1e - 8Ib 5 fvY ~{he, Sod 51,01 ConNienience 163 - reuce - rat 625 t ) — no product- ( .ur nh J- / - na 743 Nnet , • %la CATAWBA COUNTY 1.00E34 '' 100A SOUTHWEST BLVD T NEWTON,NORTH CAROLINA 28658 RECEIPT 1..r PHONE:828.465.8399 ` Y Thursday,April 27,2023 18 42 sM www.catawbacountync.gov PAYOR: NCDOT NCDOT(Smith,Anthony) PAYMENTS TRANSACTION NUMBER: TRC-62798040-27-04-2023 PAYMENT DATE: 04/27/2023 PAYMENT TYPE: Credit Card INVOICE NUMBER ACCOUNT FEE NAME FEE AMOUNT 04-23-421822 110-580200-663000 Improvement Permit Fee $150.00 TOTAL PAYMENTS: $150.00 EHPR-04-2023-44187 CASE TYPE: Environmental I lealth Plan Review WORK('LASS: OSWP SITE ADDRESS: 2887 BUFFALO SHOALS RD,NEWTON NC 28658 Applicant NCDO"I',, C:9805524461 ACSMITI16@NCDOT.GOV **NO PEOPLESOFT ACCOUNT ASSIGNED** Owner PEA RIDGE INVESTMENTS LLC,2887 BUFFALO SI IOALS RD,NEWTON NC 28658 C:8286380023 receipt 04/27/2023 12.24 Page 1 of 1 Megen McBride From: Mckinney, Alan H <alan.mckinney@dhhs.nc.gov> Sent: Tuesday, July 25, 2023 11:22 AM To: 'Holloway, Matthew'; Megen McBride Cc: Barkley, John P; Robert Phelps;jstewart@caldwellcountync.org Subject: Helderman-NCDOT site (Buffalo Shoals Rd & Hwy 16) Report Attachments: Helderman-NCDOT site (Buffalo Shoals Rd & Hwy 16) Report.pdf Matt & Megen, Please see the attached report and let me know if I can provide any further assistance. Alan Alan McKinney Regional Soil Scientist Division of Public Health, Onsite Water Protection Branch N.C. Department of Health and Human Services 828-764-5076 office/mobile alan.mckinneyna dhhs.nc.gov http://ehs.ncpublichealth.com/oswp/ PO Box 1972, Boone, NC 28607 1642 Mail Service Center Raleigh, NC 27699-1642 NC DEPARTMENT OF -\ HEALTH AND l' HUMAN SERVICES ,..,.- Division of Public Health Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third pasties. Twitter I Facebook I YouTube I LinkedIn Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official.Unauthorized disclosure of juvenile,health,legally privileged,or otherwise confidential information,including confidential information relating to an ongoing State procurement effort,is prohibited by law. If you have received this email in error,please notify the sender immediately and delete all records of this email. 1 STATE 4T��p T , Noy ROY COOPER•Governor NC DEPARTMENT OF 1( ti4 :,a a KODY H.KINSLEY•Secretary ) HEALTH AND MARK BENTON•Deputy Secretary for Health , HUMAN SERVICES ,, �N�,xj SUSAN KANSAGRA•Assistant Secretary for Public Health ,' Division of Public Health July 25, 2023 Megen McBride, REHS Environmental Health Administrator 25 Government Drive,Newton,NC 28658 Matthew Baptiste Holloway Assistant Attorney General Transportation Division 60 Court Plaza, Box 3561,Asheville,NC 28801 RE: Subject: Soil/Site evaluation for repair area. Owner: Laban Helderman Location: 2887 Buffalo Shoals Rd, Newton, 28658 Parcel ID: 367803123089 & 367803029214 Size: 2.95 & 14.76 acres Ms. McBride and Mr. Holloway: On June 12, 2023, the Catawba County Environmental Health Depai tment and I performed a soil and site evaluation of the aforementioned property to determine its suitability for a subsurface treatment and disposal system for the existing facility. Further evaluation of available space was completed by the health department on June 14 & 23. The property was evaluated in accordance with the North Carolina Laws and Rules for Sewage Treatment and Disposal Systems, 15A NCAC 18A .1900. Listed below are the results of the evaluation of the system in relation to its compliance with the site's Operation Permit. Facility information: • Grocery Store Sales Floor Square Footage— 10,184sqft • Meat Market Square Footage—560sqft o Meat Market 2 Employees x 1.5 shifts • Deli/Bakery Square Footage—400sqft o Deli/Bakery 2 Employees x 1.5 shifts • Hardware—6750sqft • Convenience Store— 1360sgft • According to documents submitted, the existing facility and the facility as it existed in 2016 are the same. • The water supply for the facility is public water. Wastewater Design Daily Flow (DDF) information: NC DEPARTMENT OF HEALTH AND HUMAN SERVICES • DIVISION OF PUBLIC HEALTH LOCATION:5605 Six Forks Road,Building 3,Raleigh, NC 27609 MAILING ADDRESS:1632 Mail Service Center,Raleigh,NC 27699-1632 www.ncdhhs.gov • TEL:919-707-5854 • FAX:919-845-3972 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER • Current facility description DDF: 2825gpd • 2002 Operation Permit DDF: 525gpd • Water use from public water readings: <1200gpd If a repair of the on-site wastewater system is needed all of these DDFs will be taken into account along with the nature of the malfunction,prior to repairing the system. Regardless of the DDF variability the permitted repair area is no longer valid. This is due to the encroachments and disturbances that have occurred since the Operation Permit was issued. These encroachments include the: • store signage • concrete pads and asphalt parking lot • underground ground power lines • permanent utility easement including the existing power pole, guy wires and above ground power lines • road rights-of-way The disturbance of the area was described in pit 1, south of the sign,which had 36 inches of fill material in the soil profile. Pit 2, also dug within the previously permitted repair area, showed little to no evidence of disturbance. In anticipation of the permitted repair area not being viable; we were asked to evaluate the adjoining property which we determined to be provisionally suitable for a wastewater system. The soil on this property was evaluated on June 6 and available space was confirmed on June 23. This property could be accessed by recombination or an easement,per Rule .1938(j). Access to the existing systems on the property was denied by the property owner; therefore, compliance of the existing system is unknown. If you have any questions or if I can be of assistance, contact me at 828-764-5076, E-mail at alan.mckinney@a,dhhs.nc.gov, or PO Box 1972,Boone,NC 28607. Sincerely, Alan McKinney Regional Soil Scientist Catawba County Environmental Health -.i fir, .. 4' • 3 10 .4 1 411P 4:. .1. '' . Mi a: _y -.50. .., N• [ • .11 1441''- ........e.....00,A 4 .r 1 4 f 1 401. 11 . iti, , ._. I . .2 4 le ,..,Art. . -,.. A, r,..- vile 44.0111,1 410, - .?' J i t+ , : ',:, ''' ,_. -4100 Ns, --,..„ ,,,,,4 . .. . :.,:i..','„1:::'''.'1' l'''''' . . . t : jet . .. ,. ,. , r 1 u • Ap i Alt . 0, Parcel: 367803123089, 2887 BUFFALO SHOALS 1 in=60ft RD NEWTON, 28658 This map/report product was prepared from the Catawba County, NC Geospatial 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 verification 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 07/12/2023 Catawba County Environmental Health ri e/4: 1 ipp. N--., ` NQsiortiff 5,-- i'." AlbeCt CO 6 ,... , . • .,,, c;„ ,,,,,,,,,\ r'f. vAilh. r Aiok 0 . ,,, ) , ,...4*-, \ 4 „ ,c, ''NsZ49,14441: , 4 e!.:. '1i Allir . Altfi. 'NN 1 ...t ti. f ..' lar 5`) ti�� V Nkkoktif3 ,1110 '�. Y po �0�. / 446 6 O 12 135. qo �} � • t oI ��c !` 44 �o v ® � moo`' �`r / ihiLe 71. Zr:\ 12°' ii) lae---F—..-V ys.. 11. . K. K. ;!'C o ak p 0 4 N ...0 f `�.t411111k % ,. O � v • Mb 4? 491,dpe gia y ko sir �,!/f t•. . 8 a 1Yr'� :! Parcel: 367803123089, 2887 BUFFALO SHOALS 1 in=200ft RD NEWTON, 28658 This map/report product was prepared from the Catawba County,NC Geospatial 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 verification 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. 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'. 4_-..,A , . d�L�4. 1•1111111111111111 Property Address r._' Facility House motile Home Business Mniti-f roily Other- Pin Number k, 1 !.. , J . Other, /ld Wc1(e OAWeAI ✓"tperitincor,t. l' Zoning Approval##`Bedrooms l #Seats mployees ' i •,. .+ or pplication Rate d t 3 GPD FIow .J ot5 Hot Tub or Spa yes/no Special Fixtures Bas-meet yes/no ' 100% Repair Are y /no ,s•` es -pa nsiev t Basement Plumbing yes/no Wa Supply. Private Well Public Semi. iblic �- ************************** ********************* **************************************************�`�`*** * * *** **** Type of System. Trench i/ Bed Pump Pump/Panel Panel LPP Other "Eh ro . CareaSe. Jd " Septic Tank Size /,-jQ(j •P Size (500 Nitrification Field. Total Square Feet r]5) Depth of Stone Bed Size Trench Width6li Total Length of All Trenches -s. Number of Trenches -.. r" • Trench Length T // 7/j_I_Feet on Center 9 . Maximum Trench Depth �,6 t Distance of Nearest Well /d d *DO NOT INSTALL SEPTIC WHEN WET* / *WELL RECORD REQUIRED AT COMPLETION* *************************..** *!*** _ *****77,T64** � (� SW "' , �'�Uc�1� M *************** Topo 4.2_ %.Slope Texture //((''t 'r S Structure l.A e `71`e P 'ClayIvtm. /'�1 �' G� d Sr r � a Soil Wetness 7Gj Soil Depth el E- " Restric Hoz at / Available spac: no / j, Overall.Class S St 0 ( - S 1/ � _S Comments 6 80 ..... k --- as 5P6 X • ____________ •',- 1 -,,b_...„. „,-.,."6:1, Ci { /JY' 11-11J �^ d rokil 'T4\.-•I);', ------I--;----:---L - 1_ lull ,1.10,1e__ etnp y - v 5-1 '2 Filter Required 76' y �,r 7..,a p •: .. ,,..-.1.r. °i Riser required when t Y ,- s: kr : _ n . d e____. _ Q7,e +•� /&V ig,. �., tank is more than-6 n 44111, �( ! l ,.. �'s..- ..r x: . . �•5 e: inches deep. " I, **NO GUARANTEE OR WA* • •NT;YI,S I--M`PLIE OR O E PERF RMANC,c OR LENGTHOF,/ I E T IS SY --E•NI WILL FUNCTION A/e l� , S Y e(.�d� j0 al e• W 4v (�!L� ' l / ******************************************* ************************** *************************************************** *Improvement Permit has no expiration date and is transferable, but may be revoked if site plans or intended use changes for the proposed facility An Authorization to Construct is valid for (5) five years from date issued and is nbt transferable. Well Permit valid for 5 years provided site conditions do not change. Well location,installation, and protection must meet state and local regulations, and must be inspected and approved by a representative of the Catawba County Health Department before•any portion of the installation is.put into use. The siting of the well by the Health Department staff is to provide protec ' from known possible sources of contamination. No volume of water is guaranteed any ite.by he.Health Department. . "---C Permit.Date i — - }(-It,t. EHS -‘1•1 , ypwner/ ent` ' Septic Tank s ed By Date 7..-3d-7 EHS� Well Installed By •Wei r t royal Date 7—.,3Q"'3 WelTHea pr val D �-3d, 3 Date Sample Collected Date of Results Results EIIS ••�iC V" ` ,.• White Office Yellow Owner/Agent Pink Building Inspection Aut •zation to Co uct N h N YemrN laFnOmS�=S��^Mmn"M On u� ��es' cc,m4=88tim<"M1' it4..m"$=�- it b 3 a at 2 o ')til a p v4as al WWW W W w W ~ o NSS�B:4 :on8:°«.m © .'�7`Q � b C Y> A ..x my0al g «e� moo8a.."w$e8 «o W&18 if a IA ya nn 4 . a W X . mmwbbb . -I.O. a V t e , a. a, Y W . 4e'' m2m . ..« Nmmm . .0m m tt .Ci ' 2d d So 0djaa $..y � N �yMTnwm�o-«..00'om in. H$ b = `° d ,zmg: , mW �� ay* vm F " o xa `• O q 4QQ ao .0 um ., \ iQ ` �� •Ig e t t r , � o fiag�aa41 a �o d . M g ..n ; i! E 1 �,11f4 % / .. *rysSp 046 yo- / ..,,, -.....,, /9 � €..'- -- C -, o0"1 e ri / ' ��\\\moo `\` a Isms Ygom �,1 ` — € / m � lb8W g0 l, /4�,� / E+ i a i .y `:� W2 52215..iiboYWA &-, fr/` i. ¢b3 3- \V W aF / I 8 g oY 'f � %, ro ' s ae. mWm // tie O tg-P M1r/ ..,. / o mWlbq MI w i r _ m Pbe 4 I t o •r•�F• 8 j 3rr es +R ri'FF' / p m_ // r e n 3 a J Z}. '' V_ h N C y ` // ae CF.5 Zed N__ ' / r U� M1 .7 M b 3 i I,�. °� K N OM1 3 8 3 m O / n// O o 0 :A ,/ e.d►;' = r w d' i =y m2 O C- ?p,,.,,,r,,,••. ?)' 9�s, ,a. dJ�/sob ss 3rc�: �p h A Y °'rt' Ss a , 0. .a ,"rr•mo N 'so' 3e z X i g C l y Y . a g, Y.b -3. —8 N III IIII o 1 * m m m g a ,�` eii ' I. .o = III IIII ea gY .& 4 r,I is -i : Y$ ii!.ca." Is1/ <, m d P gWg o it II1 III1 422B 1 l; ,�a nI1p4 ;1 L,i4ml'irlit " .ii :i' -,z.-;“ :ist g,„-i' ll! :a-i ' l'' -. I h g, P M ;m E`Ps-Ao6 0 ' :Y abi''bg 1.ib ;. ilt g' "> 3-d om« � I`� ��;�{ '�� tlid., w b 8 ' R g _o ;br,. n= ;''''''''''.441/ .., �y6 b 0It2 E t=mg _m%,qlio r 4, b..� 9. 0.i i'.4 11 r ?A P a w y _m g � Y$ �4 I W Z.: by �W o get 2390 0450 BOOK 2390PAGE 45O FILED The foregoing certificates)of CATAVVBA COUNTY RUTH MACKIE CYNTHIA L EADES REGISTER OF DEEDS FILED Sep 10,2002 notary/notaries public AT 11:00:11 am is��/ar_�ecc�ertified to be correct. BOOK 02390 PAGE 0450 ^Xe-e,t t, ` e j A-4-1.1C�.0 RUTH MACKIE Register of Deeds RUTH MACKIE,REGISTER OF DEEDS NORTH CAROLINA GENERAL WARRANTY DEL.., P/epared by and return to: Robert O. Eades vi atrick, Harper& Dixon 029135 P. O. Box 218 Hickory, NC 286033A iZe vex lvr, ,J.1<v3 i� o� NORTH CAROLINA Catawba County O9-40-: CATAWBA COUNTY NORTH CAROLINA teal Fs1ate 441%,7c m REVENUE $175.00 1 THIS DEED made this (3 day of,4t r osi-,2002 4Ietw n LABAN W.HELDERMAN and wife, TERESA L. HELDERM�, Grantors and OW' E. PENDER, JR., whose address is 847 Cornelius Road, Mooresville.Norptarolint12.8117, Grantee. The designation Grantor and Grantee bs\usei erei hshall include said parties, their heirs, successors, and assigns, and sha ` ''g aia-t.-. ,)gingti f;plural, masculine, feminine or neuter as required by context. • • WITNESSETH, that the Grantors;fotai<,valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,hav'it'd by these presents do grant, bargain, sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land situate in Caldwell Township, Catawba County, North Carolina and more particularly described as follows: A parcel containing approximately 3.733 acres and further described as Lot 1 on a physical survey and minor subdivision for Laban W.Helderman,dated 18 April 2002, prepared by Ronnie Deadman Surveyors, P.A. and recorded at Plat Book 56, Page 49 of the Catawba County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: All easements, restrictions,and rights-of-way of record. 0t66tr$raunma spaaQ J0 Ja3SISazi 'ZOOZ' Jo itep stu,, • aSed ' loog ui `euiioae0 glioN `d(lunop egmeleD Jo spaaQ Jo ialsi8aJ agl Jo aaUJo alp ui papJoaai Xinp pue `'W' le ZOOZ ' 3o ,Cep sup uoilealst8ai io} paluasaid sem laawnllsui siq j wallop aq o1 pagivaa Si 'emioie3 quoM `Slunog JO aiignd r i O 4 e ' JO aleayiva3 Suio8aio3 aqi , ;vi:'-"• '7',",,..:, 4"Flr):•I I>) Ot .i-1•;•rs: •aggnd ,(.tEloN ., X .60(5/5 :saiidxg uoisstunuOD Aw 'ZOOZ' Sr'gr 3o step 77 sup 'leas to dwels Isiah;o pue pueg Xux ssaWiM •luau nusui 8uio8aio3 agl;o uounaaxa atp paSpaimoure pue,tep sup aw aaolaq paieadde itiieuosiad uutuaapiag •Z esaaai 'a,Iim pue uewaapiag •Muegel legl �piaa 'p►esaioje alelS puuXtunop alp Jooggnd,faewoNe ` s'a}"'A "1 -n,.l.-"I'D 'I AINflOD VHMVIVD VNI1O2IVD Hfl1ON uewiapiag •1 esani (-was) (-D 51p) t° > ueurJappH 'M ue e-i (-was) / i79 4—of `�( % •uanum anoge Ism.;ieaX pue step NI spas pue swell nags las olunalaq aneg S10l11ea0 aul'3O3113HM SS3ALLI:M Nl Tat 39%106CZ N000 i5b0 0 6 E Z L_ - ° •1 • BOOK 1294 Page 847 1 NORTH CAROLINA ) V b0Oi i E)4 FAG[ 847 7 DEED CONVEYING LIFE ESTATE AND CATAWBA COUNTY ) REMAINDER INTEREST THIS DEED, made this the 6th day of August, 1982, by Henry S. Caldwell, subject to a life estate in the said Henry S. Caldwell which is hereby expressly reserved, and wife, Esther H. Caldwell, parties of the first part; to Esther H. Caldwell, a life estate, and Pauline C. Ballard, a life estate, parties of the second part; and to Laban W. Heideman, a remainder in fee, part of the third part, whose address is Route 2, Box 427, Newton, North Carolina, all of Catawba County, North Carolina; W I T N E S S E T H : That said parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable considerations to them in hand paid by the parties of the second and third parts, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell, and convey a life estate to the parties .second part, with remainder - in fee to the party of the third part, and bil\heilit ssigns, subject to a life estate in the said Henry S. Caldveil'which lOarebt expressly reserved, in certain tract or parcel of land inCld011 Township, Catawba County, North `Carolina? and more particularly de ibek *lows: FIRST TRACT: 1=4, BEGINNING at an iron p at t ues a kost corner of Laban Helderman's 0.38 acre tract and the southeast taxer O# K. He'1derman. AND RUNNING THENCE FROM SAID BEGINNING POINT along the aOr he"ip line of K. Haldeman, South 79' 18' West 300 feet to an iron pin, corner of M0helderman; thence again with K. Heideman, South 35° 38' West 562 feet to a white oak corner, southernmost corner of K. Heldermen in the line of Kermit W. Heideman and others, same also being the northernmost or northwest corner of Howard Burris; thence with the northeastern line of Howard Burris, South 46' 15' East 821 feet to an iron pin in the line of Burris at a corner of Lewis Caldwell; thence North 53° 27' East 156.7 feet to an iron pin, southwest corner of Cecil Burgess; thence with the western line of Burgess, North 33° East 135 feet to an iron pin, northwest corner of Burgess; thence with the northern line of Burgess, South 69° 50' East 349.7 feet to a cap and nail corner in the center line of State Road #1003 (Buffalo Shoals ^sad), northeast corner of Burgess; thence with the center line of State Road 01003 (Buffalo Shoals Road), North 33° East 436.9 feet, more or less, to a cap and nail corner at the intersection , of the center lines of State Road #1003 and State Road #1858 (Oliver's Crossroads Road); thence with the center line of State Road #1858 (Oliver's Crossroads Road), North 45° 15' West 432 feet to a cap and nail corner in the center line of said state road, same being the northeast corner of Laban Helderman's 1.54 acre tract; thence with Laban Helderman's 1.54 acre tract as follows: South 44° 45' West 245 feet to an iron pin; thence South 82° West 145 feet to an iron pin; thence North 44° 30' West 115 feet to an iron pin; and thence North 44° 45' East 360 feet to a cap and nail corner in the center line of State Road 01858 (Oliver's Crossroads Road), same being the northernmost corner of Laban Helderman's 1.54 acre tract; thence with the center line of State Roaa #1858, North 45° 15' West 200 feet, more or less, to a cap and nail corner in the center line of said road, easternmost corner of Laban Helderman's 0.38 acre tract; thence with the lines of Helderman's 0.38 acre tract as follows: South 45° 52' West 150 feet to an iron pin; and thence North 44' 08' West 110 feet to the point of Beginning. Drawn by: Richard A. Williams, Attorney at Law, Newton , N.C.28658 t , SOIL EVALUATION & SYSTEM LAYOUT Re-evaluation Report TIP R-3100 A Parcel 57 PIN: 367803123089 2887 Buffalo Shoals Road Maiden,NC 28650 Catena Job #7618AP Prepared For: David Angel NCDOT Right of Way 840 Wallace Grove Drive Shelby, NC 28510 Prepared By: ,5\$�INEER/NO' g,apt- i W •. dem 1000 Corporate Drive, Suite 101 Hillsborough,NC 27278 Tel (919) 732-1300 oti) SOIL sci February 16, 2016 (� C. a o� %4;4, O _ 6 P ''i : ''; ,, Npz.........-- John C. Roberts 1292 INTRODUCTION The subject parcel consists of a commercial building that includes a grocery store,hardware store, and fuel station. The Authorization to Construct(AC)septic permit was obtained from the Catawba County Health Department(CCHD) and is attached. The permit describes two septic systems located in the west corner of the property utilizing a total of 825-ft of gravel septic drainlines. Three Oaks Engineering I The Catena Group, Inc. (Three Oaks)was retained to perform a septic system layout within the previously allocated repair. Per the recorded septic permit on file with -- - CCHD,the repair area is located within the proposed right of way(R/W) and permanent utility easement(PUE), in the east corner of the parcel adjacent to Hwy 16 and Buffalo Shoals Road. This area was the main focus of the evaluation. The property was evaluated in accordance with North Carolina statutes for waste disposal ("Laws and Rules for Sewage Treatment and Disposal Systems", amended June 2011). INVESTIGATION METHODOLOGY Soil borings were advanced with a hand-auger and soil color was determined with a Munsell Soil Color Chart. Observations of the landscape (slope,drainage patterns, etc.) as well as soil properties (depth, texture, structure,soil wetness,restrictive horizons,etc.)were recorded. Push probes were used to search for buried septic system components. FINDINGS Soil and Site Evaluation The field survey was conducted on February 11,by John C. Roberts, LSS. Two soil borings were advanced within the allocated repair septic system area and were rated as Provisionally Suitable for Conventional Systems with usable soil depths greater than 48-in. A large commercial sign is located d— in the center of the repair area. Underground electricity appears to be supplied to the sign from the vacuum station(see figure). Underground utility to the ATM surrounds the repair area. Repair System Layout The layout resulted in a total of 355-ft of potential septic drainline delineated within the repair area (Table 1). As stated earlier, a total of 825-ft is currently permitted and in use by the commercial facility. As such,adequate area does not exist to support 100%repair area for a conventional gravel or Accepted Systems(25%reduction in septic drainline length) septic drainfield. Adequate soil depth was observed to support a Prefabricated Permeable Block Panel System(PPBPS). These systems allow for a 50%reduction in septic drainline length (825-ft x 50%=412.5-ft). However, adequate septic drainline is not available to support a PPBPS repair. R-3100A Parcel 57-Repair Layout 1 February 16, 2016 Three Oaks'Job#16-707 Table 1. Potential Septic Drainline Layout Line# Line Color Line Length(ft) 1 Yellow 25 2 Blue 80 3 White 70-west side of sign 25-east side of sign 4 Red 40-west side of sign 25-east side of sign 5 Blue 90 Total=355 CONCLUSIONS A Soil Evaluation& System Layout was completed within the subject parcel. A total of 355-ft of potential repair septic drainline was delineated within the previously identified repair area. Adequate drainline length does not exist to support 100% repair area for the existing commercial facility utilizing conventional gravel,Accepted Systems,PPBPS or any Modified/Alternative drainline. As such,it appears this parcel is noncompliant in regards to available space requirements set forth in state regulations"Laws and Rules for Sewage Treatment and Disposal Systems", amended June 2011. The findings presented herein represent Three Oaks' professional opinion based on our Soil Evaluation& System Layout and knowledge of the current laws and regulations governing on-site wastewater systems in North Carolina. Soils naturally change across a landscape and contain many inclusions. As such, attempts to quantify them are not always precise and exact. Due to this inherent variability of soils and the subjectivity when determining limiting factors,there is no guarantee that a regulating authority will agree with the findings of this report. R-3100A Parcel 57-Repair Layout 2 February 16, 2016 Three Oaks'Job#16-707 co o co -� p-- A R 5 C� oocro .I } ff 7:, ( rh 1r J • O z A Q-rt1 "�.>Li. i m N 4p mil + wee o � q9.0. 'a 0 o n .4e... C to i tyy w c y Q 2-- f 18 m tn t , A!>1 u XS 3116'24' W ! ! 1 _ 369.23' L r. tiI rn °NZO t 1 al� --- - - -._--._- .,......._ Q CO M m II '0-0gA 179 ? n _� 00i=x i I CO rrl o es.` �v.rkiO� 70 + • i i 0Wm 2 1:/ Df11 �► j 'a Z • I i i ��z � � gZ , Igo CIj -Q 7, ��� -,1 O1 q . 0 a X tit a y� I n Zc--1 Z fir ao In ' 0oaIc\p; . • .0 MI 4-4g ' ' t • -- + 41 1 sii N 6 ' ._ t ' • 0r,.I0I n i ---. \ ,.-*c-0 s ! N N ca 4 c� +\ i ,. .. 44r..,- \� 0 36' n \450'TRANSITION1. I25'FU , PUE PUf T:: itNGRN N ra� Soil Evaluation Form Three Oaks Engineering Sheet of 1000 Corporate Drive,Suite 101 Job: 14_ 767 Aiece /e / i Hillsborough,NC 27278 .l County: � �w4+1 919.732.1300 Date: Z- / . Soil Borings Landscape Position Slope(%) Horizon 1 Depth f'5 Texture L Consistence F12 FA, Structure i61SI'L /04Sr&,t. Clay Mineralogy :;C- Q Horizon 2 Depth (1 V 2,q Texture G ICC Consistence f Structure 1)$15$ In SA�k Clay Mineralogy SC S C- Horizon 3 Depth L/D' 4iY Texture GL C Consistence Fe_ f(� Structure Jeh i' IM Clay Mineralogy SC Horizon 4 Depth Texture Consistence Structure Clay Mineralogy Horizon 5 Depth Texture Consistence Structure Clay Mineralogy Soil Wetness Restrictive Horizon Saprolite Other CLASSIFICATION LTAR(gpd/ft1) y, . 3 . Comments: Evaluated by: �� r 7�. G1 ` ti. CATAVVBA 'COUNTY HEAETH DEPARTMENT 05 frd Telephone (828)465-82_7Q.�TDD (828)465 W LS 11 (0 a -o 053 3 IP AC R r t. , npr rmt Sys Type�'� Well Prmt. V Replacement Well W 11 R r Print. Owne- [gent .S• o", Phone - 3� — Address a Ar. &A • r M• ° e ' Subdivision AVNI Fie.' , MOW,'GJ q , G „ Sc tion/Block/ hale Lot# Lot Size / j(7, _ I•rections• '� =PANIII�•#1 , • __ _�_� ./� ' c8 vQ Property Address_*:• Amer Facility House Motile Home Business MMulti-f mily . Other Pin Number ; J 0- A',.. ) _Other. / , al�wutee j i:IAu eAe• SWite jpeali t✓ 9f p- I' Zoning Approval##Bedrooms #Seats mployees 'FM 4,Of,Application Rate 0 r 3 GPD Flow .5O?5 Hot Tub or Spa yes/no Special Fixtures Bas ment yes/no 100% Repair Area/no s�P�� rji ASl e•'Ft Basement Plumbing yes/no W Supply- Private Well Public Semi-Public , ************************sr********************* ************************************************** ***/� * ** ***** Type of System. Trench ✓ Bed Pump Pump/Panel Panel LPP Other AAA 4a/AM (11 �Y for e. - It Septic Tank Size /,SOU -Amp-Tank Size C$CO Nitrification Field. Total Square Feet /7, ) Depth of Stone . /c) Bed Size Trench Width 36/1 Total Length of All Trenches Sd 3 Number of Trenches Trench Length 3 T'l/ ��V I_1 Feet on Center7 Maximum Trench Depth t g p ��6 Distance of Nearest Well �d d *DO NOT INSTALL SEPTIC WHEN WET* / *WELL RECORD REQUIRED AT COMPLETION* Topo % Slope �/ �j (N (t lU Cl Texture d g. - - Structure �� P�/ Si�€ .�Clay Min. 1,1 a-4‘,Cii Lf e € Soil Wetness 7y Soil Depth Restric Hoa, at Available spac no OverallCome Class S — �d Qand �l 1 _ I( s Comments /^ /0 _ p( _________ -:---' coc.,jpd - , ,,_ d___ '1..,. �.wr; Aug a'iR,. ,„^ sine fli4 ,&1t' c Jn • I_ „All plip, e einpliTe"e •• •• �/` sas Oa, Filter Required 1' , Riser required when w '''''''7 '"� tank is more than `• 40 i . eels ►�'!1,*a SQ • ,..6�; inches deep. 6 :,� • ®.�/lyd .. + r .•-• .S: -Aced. **NO GUARANTEE OR WA NT,Y JSS I•MPLIE 913 eVEN A '0 -1E PERFORMANCE OR LENGTH OF I��-T'IS SY EIGf WILL FUNCTION** Net-) y 'H C [tend W Cqs C�GC ��(/A� *********wwr****r******w*ww***w**w********r **w*****r*********w * **** **********w****** *ww****wr*******w****ww********** u *Improvement Permit has no expiration date and is transferable, but may be revoked if site plans or intended use changes for the proposed facility An Authorization to Construct is valid for(5) five years from date issued and is not transferable. Well Permit valid for 5 years provided site conditions do not change. Well location, installation, and protection must meet state and local regulations, and must be inspected and approved by a representative of the Catawba County Health Department before any portion of the installation is put into use. The siting of the well by the Health Department staff is to provide protect' from known possible sources of contamination. No volume of water is guarantee�t any e by_thee,,Health Department. iv ' Permit Date id Q EHS XQwner/ ent` i Septic ank sta cd By / Date -�/� EHS Well Installed By -_-1, Wel r it royal Date �`� Wel ead pr val D 7-3d' 3 Date Sample Collected • Date of Results Results EHS gC White Office Yellow Owner/Agent .Pink Building inspection Aut ization to Co ct N 1 II I I It / ) Pc ... . 'c) 1, s' . /4„ : " .v. x . , k...) x . ,...., ....i P— '- I n __,J V ,. , - / / 7, „. a - t1INVI-e * ' > ''',':. ..* 4 6 `w , , *, ww 1 ' lel + 1:3Y/.a %, :., 0,3 field. -,;741 "7 v ,i7is,,,. it? 8 . t-2 - t lc tls// T • .Il� '. k.,. ',. i , N <17 NJ 1/ / , 1 '''' 14. .' 't , .. _ / 4-% fit (,. ‹.. E C E A ProFasicai Assodation . . e' .'°°" t . .,p. . 12-30-2016 Shield Engineering Re: Septic suitability at DO-It Best Hardware Grocery and Convenience Store Newton NC SCOPE OF WORK The scope of this project was to evaluate the subject property for area potentially suitable for a septic system repair area. This was looked at in two aspects the first considered the new right of way area and the second was based on previous right of way. Assumptions were made as to the location of the previous right of way configuration. This evaluation is an opinion, and due to the subjective nature of soil suitability, it is always recommended that financial commitments should not be made on a property until all permits from the Health Department are final (if applicable). The property was evaluated, taking note of the land (slope, drainage patterns,past use, etc.) as well as soil conditions (depth, texture, structure, seasonal wetness, restrictive horizons, etc.) through auger borings. From these observations an evaluation of the site relative to subsurface wastewater disposal was developed. The soil/site evaluation criteria used was that contained in 15 A NCAC 18A .1900 "Laws and Rules for Sewage Treatment and Disposal Systems". FINDINGS The majority of the soils evaluated on the property contained a sandy loam surface over a clay subsoil. Soil borings were taking at indicated places on the attached map. Septic lines were placed on contour in the remaining area not taken by the right of way or utilities and also in the previous usable area (refer to the current septic permit). Depth to restrictive horizons (i.e. soils wetness, expansive clay and rock, etc.) determines what kind if any septic system can be supported on the property. The attached map is not a survey. Data was used from the survey to create the base map. Soil borings were approximately located via GPS technology. GENERAL WASTEWATER CONSIDERATIONS The utility of a potential useable soil area for a subsurface system is most accurately determined by an on-ground layout of the proposed septic system. The total area needed for system and repair areas will depend upon the system type, the layout of that system and the total design flow (factors mentioned above). For example,a typical area needed for a 3-bedroom home producing 360 gallons per day is approximately 10,000 to 12,000ft2 (could be more or less depending on site features). These estimates reference Laws and Rules for Sewage Treatment and Disposal Systems for North Carolina and use a LTAR of 0.3gpd/ft2 for conventional septic systems. The required soil area estimates do not include area for a well setback, drive or house envelope. The health department will determine the design LTAR after their evaluation, which was determined in coordination with CEC during our site meeting. In general, if potentially usable areas are identified, the next consideration is the horizontal extent(size) of those areas. The size and configuration of the usable soil area dictates how many systems an area can support. The size of a subsurface septic field is detcrmined by; 1) the design flow (120 gallons per bedroom), and 2) long term acceptance rate (LTAR) of the soil (based on the hydraulic conductivity of the soil, a function of the soil's texture, mineralogy, structure, porosity, etc.). The configuration of the soil area must be such that an efficient layout of drain lines (on contour) is possible and not contain unsuitable topography. An additional consideration is the required setbacks for the system from various elements such as wells (100'), streams and ponds (50' or more depending on watershed regulations),property lines (10'), top of embankment (15'), etc. A site plan for any lot must ensure that adequate soil area for system and repair is unaffected by site elements (house/building placement, driveway, parking, wells, patios, decks, etc.). The area ultimately designated by the health department for the septic system and repair must remain undisturbed (no mechanical clearing, excavation, heavy traffic or other significant site disturbing activities) until authorized by the health department. A lot with adequate usable soil area may be rendered unusable as a result of improper site planning and/or disturbance. RECOMMENDATIONS Based on information provided the reduction in potential usable septic repair area (due to right of way configuration) -16,052 Sq. Ft. to -3,804 Sq. Ft does not allow sufficient space to make an equivalent repair area for the current septic system. The new configuration leaving -3,804 Sq. Ft has the ability to support -208 linear feet of line and should be considered inadequate space for a septic system repair area. The previous right of way configuration which had -16,052 Sq. Ft and has the potential to support -660 linear feet of drainline which is adequate repair area based on the existing septic permit issued by the local health department. It appears on the current septic permit the condensation water was removed from the waste stream and placed into its own system. It is our opinion that the condensation water system does not require a repair area. To more forward to validate either of these areas it is recommended to get the local county health department on site to review these findings. Please contact our office if you have questions about this report. Best Regards, Eric Bailey NC Licensed Soil Scientist VA Licensed Soil Scientist NC Septic System Inspector REHS • • . .. .. 1•, f tl .I wr. 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STATE OF NORTH CAROLINA COUNTY OF CATAWBA RIGHT OF ENTRY AGREEMENT NOW COMES the Parties, LABAN W. HELDERMAN, ("Mr. Helderman") and THE CATAWBA COUNTY HEALTH DEPARTMENT ("CCHD") and THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ("NCDOT"), both governmental agencies, on this the day of 2023 and enter into this RIGHT OF ENTRY AGREEMENT ("Agreement"). WITNESSETH WHEREAS,NCDOT has brought a condemnation action against Pea Ridge Investments, LLC relating to a highway project on Highway 16 at its intersection with Buffalo Shoals Road and Mr. Helderman owns property("Property") adjacent to the condemned property. WHEREAS, to determine the impact of the condemnation on the Property, NCDOT desires CCHD accompanied by the North Carolina Department of Health and Human Services Division of Environmental Health (NC DHHS EH)to enter onto the Property to conduct various soil tests and evaluations; and WHEREAS, Mr. Helderman, subject to the following terms and conditions, is willing to grant NCDOT and CCHD access to the Property(the"Right of Entry:"). NOW, THEREFORE, based on the terms and conditions contained herein and the consideration of One Dollar($1.00), the Parties agree to the following: 1. Temporary Right of Entry. NCDOT, NC DHHS EH, CCHD and their agents, contractors and subcontractors thereof, are granted the right of access and entry onto the Property for the purpose of soil testing and evaluation. This Right of Entry shall begin on the day written above and shall expire upon: a)the completion of testing;or b)thirty(30)calendar days,whichever occurs first. This right of entry may be extended by consent of the Parties. 2. Consultation with Mr. Helderman. Prior to making any entry onto the Property, NCDOT and CCHD will consult with Mr. Helderman regarding safety issues, location of equipment, traffic issues, etc. Contact should be made with Justin Helderman (828-638-2790) or Laban Helderman (828-638-0023). Prior to NCDOT, NC DHHS EH, CCHD making any entry on the property,Mr. Helderman will have all underground utilities clearly, visibly, and accurately marked. 3. Restore and Repair. NCDOT shall, at its sole expense,repair any damages made to the Property caused by NCDOT and CCHD and restore said Property to its condition prior to entry upon the Property. 4. Indemnification. NCDOT hereby agree to hold harmless and indemnify CCHD and Mr. Helderman and their employees, agents and attorneys for any suits, claims, causes of actions, complaints or damages (including attorneys' fees) arising from this Right of Entry. Mr. Helderman does not make any guarantees, warranties or representations regarding the Property. 5. Miscellaneous. a. This Agreement constitutes the entire Agreement between the Parties with respect to the Right of Entry and supersedes all prior agreements, whether oral or written,between the parties with respect to the Right of Entry. No statement, promise, or inducement made by either party, or any agent or representative of either party that is not contained in this Agreement shall be binding on the other party as it relates to such Right of Entry. This Agreement may not be amended, changed, enlarged, modified, restated, supplemented, or altered except by a written agreement(s) signed by both parties. This Agreement and the obligations hereunder shall automatically expire at termination or conclusion of the tests. b. No assignment of this Agreement shall be permitted or valid without prior written consent of Mr. Helderman. c. This Agreement and any claims hereunder shall be governed by and interpreted in accordance with the laws of the State of North Carolina and proper venue for any claim hereunder shall be Catawba County,North Carolina. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. Ca wba County Health De rtment a an W. Helderman Print: � ev\ J ( I' l (l� Title: E 10(Crri e►''Cia eGttRt 60pel1r\141cA, b " NC Department of Transportation Print: Matt Holloway Title: Asst. AG STATE OF NORTH CAROLINA COUNTY OF CATAWBA RIGHT OF ENTRY AGREEMENT NOW COMES the Parties, PEA RIDGE INVESTMENTS, LLC, a North Carolina limited liability company, ("Pea Ridge") and THE CATAWBA COUNTY HEALTH DEPARTMENT ("CCHD") and THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ("NCDOT"), both governmental agencies, on this the day of 2023 and enter into this RIGHT OF ENTRY AGREEMENT ("Agreement"). WITNESSETH WHEREAS,NCDOT has brought a condemnation action against Pea Ridge relating to a highway project on Highway 16 at its intersection with Buffalo Shoals Road ("Property"); WHEREAS, to determine the impact of the condemnation on the Property, NCDOT desires CCHD accompanied by the North Carolina Department of Health and Human Services Division of Environmental Health (NC DHHS EH) to enter onto the Property to conduct various soil tests and evaluations; and WHEREAS, Pea Ridge, subject to the following terms and conditions, is willing to grant NCDOT and CCHD access to the Property (the "Right of Entry:"). NOW, THEREFORE, based on the terms and conditions contained herein and the consideration of One Dollar($1.00), the Parties agree to the following: 1. Temporary Right of Entry. NCDOT, NC DHHS EH, CCHD and their agents, contractors and subcontractors thereof, are granted the right of access and entry onto the Property for the purpose of soil testing and evaluation. This Right of Entry shall begin on the day written above and shall expire upon:a)the completion of testing;orb)thirty(30)calendar days,whichever occurs first. The right of entry may be extended by consent of the Parties. 2. Consultation with Pea Ridge Managers. Prior to making any entry onto the Property, NCDOT and CCHD will consult with Pea Ridge Manager(s) regarding safety issues, location of equipment, traffic issues, etc. Contact should be made with Justin Helderman (828- 638-2790)or Laban Helderman (828-638-0023). Prior to NCDOT,NC DHHS EH,CCHD making any entry on the property, Pea Ridge will have all underground utilities clearly, visibly, and accurately marked. 3. Restore and Repair. NCDOT shall, at its sole expense, repair any damages made to the Property caused by NCDOT and CCHD and restore said Property to its condition prior to entry upon the Property. 4. Indemnification. NCDOT hereby agrees to hold harmless and indemnify CCHD, Pea Ridge and their employees, agents and attorneys for any suits, claims, causes of actions, complaints or damages (including attorneys' fees) arising from this Right of Entry. Pea Ridge does not make any guarantees, warranties or representations regarding the Property. 5. Miscellaneous. a. This Agreement constitutes the entire Agreement between the Parties with respect to the Right of Entry and supersedes all prior agreements,whether oral or written, between the parties with respect to the Right of Entry. No statement, promise, or inducement made by either party, or any agent or representative of either party that is not contained in this Agreement shall be binding on the other party as it relates to such Right of Entry. This Agreement may not be amended, changed, enlarged, modified, restated, supplemented, or altered except by a written agreement(s) signed by both parties. This Agreement and the obligations hereunder shall automatically expire at termination or conclusion of the tests. b. No assignment of this Agreement shall be permitted or valid without prior written consent of Pea Ridge. c. This Agreement and any claims hereunder shall be governed by and interpreted in accordance with the laws of the State of North Carolina and proper venue for any claim hereunder shall be Catawba County,North Carolina. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. Pea Ri Investme ts,LLC Catawba County Health De artment Print: IMF &AN //e/iX��114 m - Print: ,�r dke Title: Oa.,iv e Title: E{11(I bAPOVi4i{ 'Rea lf'^ Mr40\15\ (6/ NC Department of ransportation Print: t olloway Asst. AG Title: ♦Catawba County Environmental Health _.. . , . _.,, ...: ♦ , "#� `♦ ♦ , ', ♦♦ 1. - 1. ,, ♦♦�`* n1 , , ,../. ,..: . - R' '2;81 \ ' .7,-,: ' '-' 1r . 1 .pli - , I - f it t � r O i + ' _ 44111 tm yr f c5 7(�0 v U F ! �.°. / _ 2860 �•+ ;lam S' '► , s 441k /.2 i . . . Parcel: 367803123089, 2887 BUFFALO SHOALS 1 in=50ft RD NEWTON, 28658 This map/report product was prepared from the Catawba County,NC Geospatial 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 verification 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 2021 Catawba County NC 01/31/2022 Megen McBride From: Barkley, John <jbarkley@ncdoj.gov> Sent: Tuesday, October 25, 2022 12:41 PM To: Megen McBride Cc: Mckinney, Alan H (alan.mckinney@dhhs.nc.gov) Subject: FW: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) This is an external email. Please be cautious before clicking any links or attachments. If you have questions about this email, please send them to suspiciousemail(catawbacountvnc.gov The property owners for the grocery store don't want to sign the form attesting to and providing all the info. I told them we'll need the info to properly evaluate but their lawyer may be able to provide that. If we can get the info with a letter granting the right of entry to evaluate the site, including going in the grocery store to see the operation, would that be OK? I think the generic form isn't necessary for what we need but I think that is up to you all in what you need. Talk to your attorneys to see. At the very least we need something in writing from the owners granting entry to the property to evaluate. If that's not good enough Matt can get a court order to get the application form completed, but I think the judge may be unhappy having to issue an order to complete a generic form if we could do it another way. If you can let me know as soon as you can so I can tell Matt what the property owners need to do or to go ahead and file for a court order. Feel free to call if we need to discuss further. Thanks! Ih John John P Barkley Assistant Attorney General Public Health and Child Welfare Section N.C. Department of Justice P.O. Box 629 Raleigh, N.C. 27602 Phone: (919) 271-4059 Fax: (919) 716-6758 This e-mail transmission and the information contained herein do not constitute a formal opinion of the Office of the Attorney General and are confidential,intended only for the recipient(s)designated above. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official.Unauthorized disclosure of juvenile,health,legally privileged,attorney work product,exempt from disclosure under applicable law,or otherwise confidential information,including confidential information relating to an ongoing State procurement effort,is prohibited by law.If you have received this e-mail in error or are not the named recipient(s)you are hereby notified that any review,dissemination,distribution,or copying of this e-mail and the information contained herein is strictly prohibited. In that event,please immediately notify the sender and delete the original message. From: Holloway, Matthew<mholloway@ncdoj.gov> Sent:Tuesday, October 25, 2022 12:31 PM To: Barkley, John <jbarkley@ncdoj.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) John: I'd hope so. I think if the owner has something in writing that the clients can see, they will be a bit more comfortable. The other option is court where outcomes aren't as predictable. i Keep me posted and let me know if there's anything else I can do. Thanks, E Matt From: Barkley,John <jbarkley@ncdoj.gov> Sent: Thursday, October 20, 2022 2:29 PM To: Holloway, Matthew<mholloway@ncdoi.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) Matt, It looks like Megan already told them they didn't have to fill out the entire form. They're going to need the information she specified about the grocery operation to provide any kind of realistic evaluation of what's needed for a wastewater system. Let me check with Megan and see if they could just do a separate form allowing entry for inspection to the property, including the grocery store and the grounds, and maybe the attorney could provide the specified information separately but not on the form. I'll need to make sure she's OK with that and she'll probably need to run it by their county attorney. Do you think that will work if the county agrees? Thanks! John John P Barkley Assistant Attorney General Public Health and Child Welfare Section N.C. Department of Justice P.O. Box 629 Raleigh, N.C. 27602 Phone: (919) 271-4059 Fax: (919) 716-6758 This e-mail transmission and the information contained herein do not constitute a formal opinion of the Office of the Attorney General and are confidential,intended only for the recipient(s)designated above. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official.Unauthorized disclosure of juvenile,health,legally privileged,attorney work product,exempt from disclosure under applicable law,or otherwise confidential information,including confidential information relating to an ongoing State procurement effort,is prohibited by law.If you have received this e-mail in error or are not the named recipient(s)you are hereby notified that any review,dissemination,distribution,or copying of this e-mail and the information contained herein is strictly prohibited. In that event,please immediately notify the sender and delete the original message. From: Holloway, Matthew<mholloway@ncdoj.gov> Sent:Thursday, October 20, 2022 9:13 AM To: Barkley, John <jbarkley@ncdoi.gov> Subject: FW: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) John: I am forwarding the entry form and the email from Megen stating what the evaluation would entail. I can provide further details if needed. 2 Again, I'm confident we can get access through a court order but, given we're in litigation it's always nice to try and find some middle ground. I appreciate your time on this, Matt Matthew Baptiste Holloway Assistant Attorney General ` Transportation Division P: 828-393-6819 [Telework: 215-749-24561 E: mholloway@ncdoj.gov 60 Court Plaza, Box 3561, Asheville, NC 28801 https://ncdoj.gov/ From: Megen McBride<MMcBride@CatawbaCountyNC.gov> Sent: Friday,July 22, 2022 10:13 AM To: Holloway, Matthew<mholloway@ncdoj.gov>; Barkley,John <jbarkley@ncdoj.gov> Cc:Julia English <JENGLISH@catawbacountync.gov>; Robert Phelps<RPhelps@CatawbaCountyNC.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) Matt, I am attaching an application. Please have the owner complete and return to our office. Email is fine.The owner's signature on the application will be his "granted permission" for us to evaluate his property/properties. Have him write in the "describe work" that we'll also be evaluating the adjacent property to the west. Once we get the application processed, we can call you (or whomever) to collect payment. I'm copying our office administrative assistant. She can help with application questions and collecting fees. Our main office number is 828-465- 8270. The application is an all-purpose application, so some of the questions will not pertain to this project. Have the owner include the following information: • Grocery store retail square footage and grocery store employees. • Meat market square footage and meat market employees. • Deli square footage and deli employees. • List kitchen equipment (cooktop, fryer, oven, dishwasher, etc.). • Hardware retail square footage and hardware store employees. • Convenience store retail square footage and convenience store employees. • Any other employees not counted above. • Number of public restrooms. Include number of fixtures (toilets, urinals, sinks, showers). There may be some overlap with employees. We can talk directly with the owner when he applies so we don't count employees twice. I can coordinate the field work. We'll need property corners and right-of-ways marked/surveyed. We'll also need all underground utilities marked. We will have our on-site regional specialist, Alan McKinney, accompany us for the fieldwork, so I'll be working with his schedule too. 3 i Thank you, Megen Megen McBride, REHS Environmental Health Administrator 25 Government Drive, Newton, NC 28658 (828)465-8268 office (828)465-8276 fax https://www.catawbacountync.gov/county-services/environmental-health/ 0catawba county We want to hear from you. Please take a minute to take our customer service survey. English_ Queremos escuchar de usted. Tomese un minuto para realizar nuestra encuesta de servicio al cliente. Espanol Confidentiality Statement:The information contained in electronic transmissions is confidential and may be subject to protection under the law,including the Health Insurance Portability and Accountability Act(HIPAA).An electronic transmission is intended for the sole use of the individual or entity to whom it is addressed.If you are not the intended recipient,you are hereby notified that any use,distribution or copying of the message is strictly prohibited.If you received a message in error, please contact the sender immediately by replying to the e-mail and delete the material from any computer. From: Holloway, Matthew [mailto:mholloway@ncdoj.gov] Sent:Tuesday,July 19, 2022 11:06 AM To: Megen McBride <MMcBride@CatawbaCountyNC.gov>; Barkley,John <jbarkley@ncdoj.gov> Subject: RE: DOTv. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) This is an external email. Please be cautious before clicking any links or attachments. If you have questions about this email, please send them to suspiciousemail@catawbacountync.gov Megen: The owners have agreed to allow the health department to perform an inspection. Is there a form the owners need to sign to allow the health department to access the subject property? We are also interested in assessing the ability of neighboring properties to support a repair area, specifically, the property to the west.This is owned by the same folks and we can get permission for that property too. In addition, we will need to coordinate with DOT maintenance to provide equipment to dig the test pits.There is also the inspection fee too, right? DOT will be paying that as well. Will you be the point person to coordinate this? Feel free to call to discuss. Thanks, Matt 4 �r- Matthew Baptiste Holloway Assistant Attorney General °' Transportation Division P: 828-393-6819 [Telework: 215-749-2456] E: mholloway@ncdoj.gov 60 Court Plaza, Box 3561, Asheville, NC 28801 https://ncdoj.gov/ From: Megen McBride <MMcBride@CatawbaCountyNC.gov> Sent:Thursday,June 9, 2022 2:21 PM To: Barkley,John <ibarkley@ncdoi.gov>; Holloway, Matthew<mholloway@ncdoi.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) Yes, I agree. You can send the motion to me. Megen McBride, REHS Environmental Health Administrator 25 Government Drive, Newton, NC 28658 (828)465-8268 office (828) 465-8276 fax https://www.catawbacountync.gov/county-services/environmental-health/ acatawba county We want to hear from you. Please take a minute to take our customer service survey. English Queremos escuchar de usted. Tomese un minuto para realizar nuestra encuesta de servicio al cliente. Espanol Confidentiality Statement:The information contained in electronic transmissions is confidential and may be subject to protection under the law,including the Health Insurance Portability and Accountability Act(HIPAA).An electronic transmission is intended for the sole use of the individual or entity to whom it is addressed.If you are not the intended recipient,you are hereby notified that any use,distribution or copying of the message is strictly prohibited.If you received a message in error, please contact the sender immediately by replying to the e-mail and delete the material from any computer. From: Barkley,John [mailto:jbarkley@ncdoi.gov] Sent:Thursday,June 9, 2022 2:14 PM To: Holloway, Matthew<mholloway@ncdoi.gov>; Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: RE: DOTv. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) ease ••efore clicking any in"s or attachments: . +- - :ns about this email, please send the I think it would be Megan, but I'll let Megan weigh in on that. Megan, I say that because you're the supervisor. 5 • John P Barkley Assistant Attorney General Public Health and Child Welfare Section N.C. Department of Justice P.O. Box 629 Raleigh, N.C. 27602 Phone: (919) 271-4059 Fax: (919) 716-6758 This e-mail transmission and the information contained herein do not constitute a formal opinion of the Office of the Attorney General and are confidential,intended only for the recipient(s)designated above. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official.Unauthorized disclosure of juvenile,health,legally privileged,attorney work product,exempt from disclosure under applicable law,or otherwise confidential information,including confidential information relating to an ongoing State procurement effort,is prohibited by law.If you have received this e-mail in error or are not the named recipient(s)you are hereby notified that any review,dissemination,distribution,or copying of this e-mail and the information contained herein is strictly prohibited. In that event,please immediately notify the sender and delete the original message. From: Holloway, Matthew<mholloway@ncdoj.gov> Sent: Thursday,June 9, 2022 2:02 PM To: Barkley, John <ibarkley(ancdoj.gov>; Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) I guess it was a poorly worded question: at our previous hearing there was a specific person within the health department I sent the motion to, in addition to you,John. Is there anyone inside the Catawba County Environmental Health Dept. that I should send the motion to? I agree that the motion itself would be seeking an order that the property owner allow an inspection. From: Barkley,John <ibarkley@ncdoj.gov> Sent:Thursday,June 9, 2022 1:59 PM To: Holloway, Matthew<mholloway@ncdoj.gov>; Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) I'd prefer to have a motion to compel served on him to require him to allow health dept on the property. John P Barkley Assistant Attorney General Public Health and Child Welfare Section N.C. Department of Justice P.O. Box 629 Raleigh, N.C. 27602 Phone: (919) 271-4059 Fax: (919) 716-6758 This e-mail transmission and the information contained herein do not constitute a formal opinion of the Office of the Attorney General and are confidential,intended only for the recipient(s)designated above. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official.Unauthorized disclosure of juvenile,health,legally privileged,attorney work product,exempt from disclosure under applicable law,or otherwise confidential information,including confidential information relating to an ongoing State procurement effort,is prohibited by law.If you have received this e-mail in error or are not the named recipient(s)you are hereby notified that any review,dissemination,distribution,or copying of this e-mail and the information contained herein is strictly prohibited. In that event,please immediately notify the sender and delete the original message. From: Holloway, Matthew<mholloway@ncdoj.gov> Sent: Thursday,June 9, 2022 1:49 PM To: Megen McBride <MMcBride@CatawbaCountyNC.gov>; Barkley,John <jbarkley@ncdoj.gov> Subject: FW: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) 6 Afternoon: If the owner does not consent, should I just serve my motion to compel on you all? What's your preference? Regards, Matt From: Megen McBride <MMcBride@CatawbaCountyNC.gov> Sent: Wednesday,June 1, 2022 12:15 PM To: Holloway, Matthew<mholloway@ncdoi.gov> Subject: RE: DOTv. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) Matt, Regarding your below question, I'll check with state, but I think they wanted to do "either or" and not both. Also,you had previously sent me the attachment labeled Owners Survey. Is this consistent with NCDOT surveys? If not, what is the conflict? Thanks, Megen From: Holloway, Matthew [mailto:mholloway@ncdoi.gov] Sent: Thursday, May 26, 2022 9:18 AM To: Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: RE: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) • send them tv Megen: I'm still waiting to hear back from the owners and DOT about what they prefer. One question I think I'll get is can the health department evaluate for both options. So, determine if current use complies with the 2002 permit and, if not, determine if there is 100% repair available. Thanks again for your time on this, Matt From: Megen McBride <MMcBride@CatawbaCountyNC.gov> Sent:Tuesday, May 24, 2022 2:08 PM To: Holloway, Matthew<mholloway@ncdoj.gov> Subject: RE: DOTv. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) Matt, I've talked with our regional soil scientist, and we have come up with some comments to your below questions. 7 We do not see a way that we can evaluate the site based on how it looked in 2016.There are two consultants with reports that reflect 2016 conditions.Their findings would be indicative of that 2016 timeframe. Environmental Health could now evaluate for one of two different options. It would be up to you as to how you would want us to proceed. Option one, would be for us to determine compliance with the 2002 Operations Permit. The result would either be compliance or noncompliance resulting in the OP revocation. Option two would be for us to evaluate to re-designate 100% repair area based on current use.The result would either be an Improvement Permit re-designating repair area or a denial letter. If you want to proceed with option 2,we will need numbers based on current use (employees, business square footage, etc.). I can give you more specifics if you want to go this route. Regardless, of how you want to proceed, we'll need an application. The property owner would need to sign the application, or alternatively a judge/court order could grant us access. We can work with DOT as far as digging pits. If it's easier to talk through some of this, we can schedule a video call. Our regional specialist has offered to lend his assistance and can be on the call too. Let me know your thoughts. Megen McBride, REHS Environmental Health Administrator 25 Government Drive, Newton, NC 28658 (828)465-8268 office (828) 465-8276 fax https://www.catawbacountync.gov/county-services/environmental-health/ jcatawba county We want to hear from you. Please take a minute to take our customer service survey. English Queremos escuchar de usted. Tomese un minuto para realizar nuestra encuesta de servicio al cliente. Espanol Confidentiality Statement:The information contained in electronic transmissions is confidential and may be subject to protection under the law,including the Health Insurance Portability and Accountability Act(HIPAA).An electronic transmission is intended for the sole use of the individual or entity to whom it is addressed.If you are not the intended recipient,you are hereby notified that any use,distribution or copying of the message is strictly prohibited.If you received a message in error, please contact the sender immediately by replying to the e-mail and delete the material from any computer. From: Holloway, Matthew [mailto:mhollowayC@ncdoi.gov] Sent:Tuesday, May 17, 2022 1:45 PM To: Megen McBride <MMcBride@CatawbaCountyNC.gov>; Barkley,John <jbarkley@ncdoj.gov> Subject: DOT v. Pea Ridge (Catawba, 16-CVS-3038; R-3100A, Parcel 57) This is an external email. Please be cautious before clickinga y q n Im s or a tac menu. ou ave ues ions Y � s bout this-email please send them to Afternoon John & Megen: I'm writing to follow-up on an earlier email about obtaining an inspection of this property. Will we need a court order or will the owner's permission suffice? The main areas DOT is interested in learning more about are: 1. Was the repair area identified in the permit adequate based on the needs of the property as of 11/23/2016, and based on the property's size/layout before any roadway construction? 2. If the repair area was not large enough, were there other areas that would allow this problem to be cured? 3. Now that the road project is complete, is there sufficient space to support a repair area for a system designed to serve the needs of the property as it was being used back on 11/23/2016? 4. If there is not sufficient space now, can this problem be cured? 5. More practically: What information will you need?Will you need to know the number of employees in the store at the time of taking? Will you need the owners to sign a form to allow entry onto the property? In other cases, DOT has covered the cost of inspection and the maintenance crews have coordinated with the health department to make sure there is equipment available to dig pits. Will this be needed in this case? Who will be the point person for this? Feel free to call or write with any questions or concerns. Regards, Matt Matthew Baptiste Holloway Assistant Attorney General Transportation Division 1 ' P: 828-393-6819 [Telework: 215-749-2456] E: mholloway@ncdoj.gov 60 Court Plaza, Box 3561, Asheville, NC 28801 https://ncdoj.gov/ From: Holloway, Matthew Sent: Thursday, May 12, 2022 10:54 AM To: Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: FW: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) Megen: I'm attaching a few background documents for this site to see if the email attachment problem has been fixed. - Matt From: Holloway, Matthew Sent:Thursday, May 12, 2022 10:43 AM To: 'Megen McBride' <MMcBride@CatawbaCountyNC.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) Megen: 9 • Thanks again for speaking with me earlier about the grocery/hardware store at NC16 & Buffalo Shoals Road. DOT has decided to formally request that the health department inspect the property. I'll try to send relevant documents in a follow-up email. The main questions are: 1. Was the repair area identified in the permit adequate based on the needs of the property as of 11/23/2016, and based on the property's size/layout before any roadway construction? 2. If the repair area was not large enough, were there other areas on the property that would allow this problem to be cured? 3. Now that the road project is complete, is there sufficient space to support a repair area for a system designed to serve the needs of the property as it was being used back on 11/23/2016? 4. If there is not sufficient space now, can this problem be cured? Do you think you can answer these questions? I know you'll need information about the number of employees in the store at any given time. Is there any other information that you need? Do you have a form that needs to be signed to allow entry onto the property? In other cases, DOT has covered the cost of inspection and the maintenance crews have coordinated with the health department to make sure there is equipment available to dig pits. Will you be the point person for this? Feel free to call or write with any questions or concerns. Regards, Matt Matthew Baptiste Holloway Assistant Attorney General Transportation Division P: 828-393-6819 [Telework: 215-749-2456] E: mholloway@ncdoi.gov 60 Court Plaza, Box 3561,Asheville, NC 28801 https://ncdoi.gov/ From: Megen McBride <MMcBride@CatawbaCountyNC.gov> Sent: Wednesday, April 6, 2022 12:37 PM To: Holloway, Matthew<mholloway@ncdol.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) Hi Matt, I think my IT department has the email problem fixed.You should be able to send me attachments now. Let me know if you still have problems. Thanks, Megen From: Holloway, Matthew [mailto:mholloway@ncdoi.gov] Sent: Friday, April 1, 2022 9:53 AM 10 • • To: Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: RE: Septic Questions (property at NC16& Buffalo Shoals Road impacted by DOT condemnation) Morning: I tried sending you PDF attachments that would help our conversation but the emails are getting rejected as spam. Is there a way to share documents with you? Being able to refer to these docs would help me as my questions. Talk to you soon, Matt From: Megen McBride<MMcBride@CatawbaCountyNC.gov> Sent:Tuesday, March 29, 2022 10:03 AM To: Holloway, Matthew<mholloway@ncdoj.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) Friday would work. How about 10am? I'm flexible, so whatever works for you should be fine for me. Sent from my Verizon,Samsung Galaxy smartphone Original message From: "Holloway, Matthew" <mholloway@ncdoi.gov> Date: 3/25/22 1:02 PM (GMT-06:00) To: Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) This is an e = st ema'l .leas a s net.:tt Megen: My trial wrapped up yesterday afternoon and had my attention all week. Could we try to set a time next week to talk?Are you available next Thursday or Friday? Thanks, Matt 11 From: Megen McBride <MMcBride@CatawbaCountyNC.gov> Sent:Tuesday, March 22, 2022 7:46 PM To: Holloway, Matthew<mholloway@ncdoi.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) Matt, Sorry we haven't been able to connect yet. I'm free tomorrow, Wednesday, any time after 9am. My cell phone number is 828-320-3079. Thanks, Megen Sent from my Verizon,Samsung Galaxy smartphone Original message From: "Holloway, Matthew" <mholloway@ncdoi.gov> Date: 3/21/22 8:31 AM (GMT-05:00) To: Megen McBride<MMcBride@CatawbaCountyNC.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) an external &nail. Please As is :-m , cautious .e or=" ,._g an" mks or a � ._ _; _ .-, � ,. _. ,:.. ase send them to • Megen: Thanks for getting back to me. I am in a trial this week. Court will break between 12:30-2pm. I could call you then if you could send a good number Thanks, Matt From: Megen McBride<MMcBride@CatawbaCountyNC.gov> Sent: Friday, March 18, 2022 10:06 AM To: Holloway, Matthew<mholloway@ncdoi.gov> Subject: RE: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) I am available Monday to discuss. Any time after 10am is good for me. Will Monday work for you? If so, let me know what time is convenient. Thanks Megen McBride, REHS Environmental Health Administrator 25 Government Drive, Newton, NC 28658 (828)465-8268 office (828) 465-8276 fax 12 https://www.catawbacountync.gov/county-services/environmental-health/ •catawba county We want to hear from you. Please take a minute to take our customer service survey. English_ Queremos escuchar de usted. TOmese un minuto para realizar nuestra encuesta de servicio al cliente. Espanol Confidentiality Statement:The information contained in electronic transmissions is confidential and may be subject to protection under the law,including the Health Insurance Portability and Accountability Act(HIPAA).An electronic transmission is intended for the sole use of the individual or entity to whom it is addressed.If you are not the intended recipient,you are hereby notified that any use,distribution or copying of the message is strictly prohibited.If you received a message in error, please contact the sender immediately by replying to the e-mail and delete the material from any computer. From: Holloway, Matthew [mailto:mholloway@ncdoj.gov] Sent: Wednesday, March 16, 2022 11:45 AM To: Megen McBride <MMcBride@CatawbaCountyNC.gov> Subject: Septic Questions (property at NC16 & Buffalo Shoals Road impacted by DOT condemnation) s em ease send them to .. �r +: . Morning Ms. McBride: Mr.John Barkley from DOJ and Mr. Alan Mckinney with DHHS provided me with your email address and said you could help me out. I represent NCDOT in condemnation actions in Catawba County. I have a few questions regarding a specific property that has been impacted by DOT's widening of NC16.The impact included DOT's taking new right of way from the property's repair area. I'm trying to determine whether any of the owner's actions, taken before DOT condemned any land, destroyed the viability of the repair area before DOT came along. There is a hearing in this case set for April 18. I am hoping to get my confusion cleared up before then to avoid the time/expense of getting testimony at hearing. I sent additional details in an earlier email but was informed by Outlook that my email was rejected as potential spam. I am trying again with less info and no attachments. I appreciate your time in helping get clear on my questions. I am happy to talk through it over the phone. Again, I'm hoping to figure out the health department's stance before the hearing.Just knowing your position, whatever it is, will help me work with DOT and the owners to try and work out a resolution without having the hearing. Please call or email at your earliest convenience, Matt Matthew Baptiste Holloway Assistant Attorney General Transportation Division P: 828-393-6819 [Telework: 215-749-2456] E: mholloway@ncdoi.gov 60 Court Plaza, Box 3561, Asheville, NC 28801 https://ncdoj.gov/ 13