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Home My WebLink AboutEHPR-05-2023-44396 A �� THIS IS NOT A PERMIT Case# El IPR-05-2023-44396 _4, „ CATAWBA COUNTY HEALTH DEPARTMENT � , O PLAN REVIEW APPLICATION FOR ENVIRONMENTAL SERVICES L8 2 su Environmental Health Plan Review-Septic Malfunction AUTH CONST— SEPTIC MALFUNCTION <61 )2t)3 Owner JAMES GAMBLE, 1638 S NC 16 BUSINESS HWY,NEWTON NC 28658 C:8455907546 JCGAMBLE66@GMAIL.COM NAME TO APPEAR ON PERMIT James Gamble SITE ADDRESS: 1638 S NC 16 BUSINESS HWY,NEWTON NC 28658 PIN# 364907694621 NAME of SUBDIVISION: MORNINGSIDE HEIGHTS SUB Lot# 5-8 Section/Block B PROPERTY SIZE: Square Feet 20,037.60 Acres 0.46 DIRECTIONS: NC 10/W C St, right to stay on NC 10/W D St,arrive at NC-16 Bus, property on the left PRIMARY CONTACT: Owner SEWER TYPE: Septic Tank ALLONS PER DAY. 300 WATER SUPPLY: Public Water DESCRIBE WORK: 8/22/23 per on site meeting with owner, house is 4 bedrooms and home bakery is being run out of accessory structure. Septic expansion denied for 4 bedroom home with bakery business. Revised to repair permit only for 3 bedroom home with maximum 5 occupants, 300 gallons per day. Septic was pumped 2 weeks ago and has filled back up. No sewage on the ground. 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? Yes 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? No APPLICATION FOR: Existing Structure STRUCTURE TYPE: PRIMARY RESIDENCE FACILITY TYPE: House OTHER DESCRIPTION: DESCRIPTION OF home EXISTING STRUCTURES ON SITE(IF ANY) DI NGlJCTURE: 64x45 NUMBER OF EXISTING BEDROOMS: 3 #OF OCCUPANTS: 3 PROPOSED CONSTRUCTION BASEMENT? No BASEMENT FIXTURES? No PLUMBING REQUIRED? 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: YES Other described: aL::ppl::;a6,o 08/22/2023 10.13 Page 1 of 6 „co:, Itt CATAWBA COUNTY Case u EHPR-O5-2023 4a39b Public Health Department Subdivision MORNINGSIDE HEIGHTS SUB , st% Environmental Health Division PINY 364907694621 Pa Box 389,100-A Southwest Blvd,Newton,NC 28658 [TV NAME ON PERMIT: (JAMES GAMBLE),1638 S NC 16 BUSINESS HWY,NEWTON NC 28658 (James Gamble) Sits Address: 1638 S NC 16 BUSINESS HWY,NEWTON NC 28658 Property$Ea: Square Feet 20,037.60 Acres 0'46 Directions: NC 10/W C St,right to stay on NC 10/W D St,arrive at NC-16 Bus,property on the left Completed applfoations are valid for a period of 2 years.Improvement Permits are valid:with complete site plan=80 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 it the intended use for the proposed facility changes.Permits may be revoked if site conditions are altered such that they affect permit conditions or installation requirements I have reed this application and certify that the Information provided heroin 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 sit 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: L Signature of Applicant or Agent If you need further information or assi eas 11 828-465-8270 AREAS tNa#aM+Ma"MM.....Y##b##k#M#a1.....i.N#f#w.##ifalrt#i#o*t##gYw.i##a##ts##1##4#######Ya Nb#►##*#M####M YR*#ii}4###"8 PATE J EE AMOUNT Authorization to Construct(Repair)Fee 05/18/2023 $450.00 DG AL EES: $450.00 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) d;appl kAn ofl 08/22/2023 10:13 Page 2 of--6 catawba county public health 9/8/2023 James Gamble 1638 S NC 16 Business Hwy Newton,NC 28658 Re: Application for Improvement Permit and Authorization to Construct EXPANSION for 1638 S NC 16 Business Hwy,Newton,NC 28658 Health Department file numberEHPR-05-2023-44396 Dear Sir: The Catawba County Health Department, Environmental Health Division on 8/1/23,evaluated the above referenced property at the site designated on the plat/site plan that accompanied your Improvement Permit application. According to your application the site is to serve a 3 bedroom home and bakery business with a design wastewater flow of 685 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 septic expansion to accommodate the bakery business. 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) X Unsuitable for meeting required setbacks(Rule.1950) Other(Rule.1946) These severe soil or site limitations could cause premature system failure, leading to the discharge of untreated sewage on the ground surface, into surface waters,directly to ground water or inside your structure. The site evaluation included consideration of possible site modifications,as well as use of modified, innovative,or alternative systems. However,the Health Department has determined that none of the above options will overcome the severe conditions on this site. A possible option might be a system designed to dispose of sewage to another area of suitable soil or off-site to additional property. catawbacountync.gov Environmental Health Catawba County Government Center 25 Government Drive PO Box 389 Newton NC 28658 1828.465.8270 MAKING. LIVING. BETTER. Page 2 For the reasons set out above,the property is currently classified UNSUITABLE, and no improvement permit shall be issued for this site in accordance with Rule.1948(c). Note that a site classified as UNSUITABLE may be classified as PROVISIONALLY SUITABLE if written documentation is provided that meets the requirements of Rule .1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you wish to try to develop a plan under which your site could be reclassified as PROVISIONALLY SUITABLE. You have a right to an informal review of this decision. You may request an informal review by the soil scientist or environmental health supervisor at the local health department. You may also request an informal review by the North Carolina Department of Health and Human Services regional soil scientist. A request for informal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal,you must file a petition for a contested case hearing with the Office of Administrative Hearings, 1711 New Hope Church Rd, Raleigh, NC 27609. To get a copy of a petition form,you may write the Office of Administrative Hearings or call the office at 984-236- 1850 or download it from the OAH web site at http://www.oah.nc.gov. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina General Statutes 130A-24 and 150E-23 and all other applicable provisions of Chapter 150B. N.C. General Statute 130A-335 (g) provides that your hearing would be held in the county where your property is located. Please note: If you wish to pursue a formal appeal,you must file the petition form with the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS LETTER. The date of this letter is 9/8/2023. Meeting the 30 day deadline is critical to your formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings,you are required by law(N.C. General Statute 150B-23)to serve a copy of your petition on the Office of General Counsel, N.C. Department of Health and Human Services, 2001 Mail Service Center, Raleigh, N.C. 27699-2001. Do not serve the petition on your local health department. Sending a copy of your petition to the local health department will not satisfy the legal requirement in N.C. General Statute 150E-23 that you send a copy to the Office of General Counsel, N. C. Department of Health and Human Services. You may call or write the local health department if you need any additional information or assistance. Si ly, Deq,, Gook can Evans, REHS Environmental Health Specialist Enclosures: Site evaluation Rule .1940, .1945, .1948, .1950 I5A NCAC 18A.1940 TOPOGRAPHY AND LANDSCAPE POSITION (a) Uniform slopes under 15 percent shall be considcrcd SUITABLE with respect to topography. (b) Uniform slopes between 15 percent and 30 percent shall be considered PROVISIONALLY SUITABLE with respect to topography. (c) Slopes greater than 30 percent shall be considered UNSUITABLE as to topography. Slopes greater than 30 percent may be reclassified as PROVISIONALLY SUITABLE after an investigation indicates that a modified system may be installed in accordance with Rule .1956 of this Section: however, slopes greater than 65 percent shall not be reclassified as PROVISIONALLY SUITABLE. (d) Complex slope patterns and slopes dissected by gullies and ravines shall be considered UNSUITABLE with respect to topography. (e) 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. (f) The surface arca on or around a ground absorption sewage treatment and disposal system shall be landscaped to provide adequate drainage if-directed by the local health department. The interception of perched or lateral ground-water movement shall be provided where necessary to prevent soil saturation on or around the ground absorption sewage treatment and disposal system. (g) A designated wetland shall be considered UNSUITABLE with respect to landscape position,unless the proposed use is specifically approved in writing by the U.S. Army Corps of Engineers or the North Carolina Division of Coastal Management. History Note: Authority G.S. 13OA-335( ): EJT:July 1. 1982; Amended E.(y:January !. 1990. 15A NCAC 18A.1945 AVAILABLE SPACE (a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption sewage treatment and disposal systems,based upon the square footage of nitrification field required for thc long-term acceptance rate determined in accordance with these Rules. (b) Sites shall have sufficient available space for a repair area separate from thc area determined in Paragraph(a)of this Rule. The repair arca 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 thc original system layout,thc repair area.and the type of replacement system. (c) The repair arca 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 I, 1982.or which is specifically described in a recorded deed or a recorded plat on January I. 1983;and (2) which is of insufficient size to satisfy the repair area requirement of Paragraph (b) of this Rule, as determined by the local health department; and (3) on which a ground absorption sewage treatment and disposal system with a design daily flow of: (A) no more than 480 gallons is to be installed;or (B) more than 480 gallons is to be installed if application for an improvement permit which meets the rcouircments ofRulc.1937(c)of this Subchapter is received by the local health department on or before April I. 1983. (d) Although a lot or tract of land is exempted under Paragraph(c)from the repair arca requirement of Paragraph(b),the maximum feasible area,as determined by the local health department,shall be allocated for a repair arca. History Now; Authority G.S. 130A-335(e)and(): kg:July 1, 1982; Amended Eff February 1. 1992;July 1. 1983:JanuatT 1. 1983_ ISA NCAC 18A.1948 SITE CLASSIFICATION (a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption sewage treatment and disposal system or have slight limitations that arc readily overcome by proper design and installation. (b) Sites classified as PROVISIONALLY SUITABLE may be utilized for a ground absorption sewage treatment and disposal system consistent with these Rules but have moderate limitations. Sites classified Provisionally Suitable require some modifications and careful planning,design. and installation in order for a ground absorption sewage treatment and disposal system to function satisfactorily. (c) Sites classified UNSUITABLE have severe limitations for the installation and use of a properly functioning ground absorption sewage treatment and disposal system. An improvement permit shall not be issued for a site which is classified as UNSUITABLE. However.where a site is UNSUITABLE,it may be reclassified PROVISIONALLY SUITABLE if a special investigation indicates that a modified or alternative system can be installed in accordance with Rules.1956 or.1957 of this Section. (d) A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules .1955, .1956, or.1957 of this Section or a system approved under Rule .1969 if written documentation,including engineering,hydrogeologic,geologic or soil studics,indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall be reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that: (I) a ground absorption system can be installed so that the effluent will be non-pathogenic.non-infectious, non-toxic,and non-hazardous: (2) the effluent will not contaminate groundwater or surface water:and (3) the effluent will not be exposed on the ground surface or be discharged to surface waters where it could come in contact with people,animals,or vectors. The State shall review the substantiating data if requested by the local health department. History.Note. Authority G.S. 130A-333(0: E(]:July 1. 198 2: Amended Elf April 1. 1993;January 1, 1990. ISA NCAC ISA.1950 LOCATION OF SANITARY SEWAGE SYSTEMS (a) Every sanitary sewage treatment and disposal system shall be located at least the minimum horizontal distance from the following: (1) Any private water supply source,including any well or spring 100 feet; (2) Any public water supply sourec 100 feet; (3) Streams classified as WS-I 100 feet; (4) Waters classified as S.A. 100 fcct,from mean high water mark; (5) Other coastal waters 50 feet,from mean high water mark; (6) Any other stream,canal,marsh,or other surface waters 50 feet; (7) Any Class I or Class II reservoir 100 feet.from normal pool elevation; (8) Any permanent storm water retention pond 50 feet,from flood pool elevation: (9) Any other lake or pond 50 feet,from normal pool elevation; (10) Any building foundation 5 feet; (I I) Any basement 15 feet: (12) Any property line 10 feet; (13) Top of slope of embankments or cuts of 2 feet or more vertical height 15 feet; (14) Any water line 10 feet; (IS) Drainage Systems: (A) Intcrccptor drains,foundation drains,and storm water diversions (i) upslopc 10 feet, (ii) sidcslopc 15 feet,and (iii) downslopc 25 feet; (B) Groundwater lowering ditches and devices 25 feet; (16) Any swimming pool 15 feet; (17) Any other nitrification field(except repair area) 20 feet; (b) Ground absorption sewage treatment and disposal systems may be located closer than 100 feet from a private water supply,except springs and uncased wells located downslopc and used as a source of drinking water, for repairs, space limitations,and other site-planning considerations but shall be located the maximum feasible distance and in no case less than 50 f'ect. (c) Nitrification fields and repair areas shall not be located under paved areas or areas subject to vehicular traffic. If effluent is to be conveyed under areas subject to vehicular traffic,ductile iron or its equivalent pipe shall be used. However,pipe specified in Rule.1955(e)may be used if a minimum of 30 inches of compacted cover is provided over the pipe. (d) In addition to the requirements of Paragraph(a)of this Rule,sites to be used for subsurface disposal for design units with flows over 3,000 gallons per day, as determined in Rule .1949 (a) or (b) of this Section, which include one or more nitrification fields with individual capacities of greater than 1,500 gallons per day,shall be located at least the minimum horizontal distance from the following: (I) Any Class I or II reservoir or any public water supply source utilizing a shallow(under 50 feet)groundwater aquifer 500 feet; (2) Any other public water supply source,unless determined to utilize a confined aquifer 200 fcct: (3) Any private water supply source,unless determined to utilize a confined aquifer 100 feet; (4) Waters classified as SA 200 feet.from mean high water mark: (5) Any waters classified as WS-1 200 feet; (6) Any surface waters classified as WS-II.WS-III,B.or SB 100 feet;and (7) Any property line 25 feet. (c) Collection sewers, force mains, and supply lines shall be located at (cast the minimum horizontal distance from the follow ing: (I) Any public water supply source, including wells,springs. and Class I or Class II reservoirs I()0 feet,unless constructed of leakproof pipe.such as ductile iron pipe with mechanical joints equivalent to water main standards, in which case the minimum setback may be reduced to 50 feet: (2) Any private water supply source, including wells and springs 50 feet, unless constructed of similar leakproof pipe.such as ductile iron pipe with mechanical joints equivalent to water main standards,in which case the minimum setback may be reduced to 25 feet: (3) Any waters classified as WS-I, W'S-II, 1VS-Ill,B,SA. or SB 50 feet.unless constructed of similar leakproof pipe.such as ductile iron pipc with mechanical joints equivalent to water main standards,in which case the minimum setback may be reduced to 10 feet: (4) Any other stream,canal, marsh,coastal waters, lakes and other impoundments, or other surface waters 10 feet: (5) Any basement 10 feet: (6) Any property line 5 feet: (7) Top of slope of embankments or cuts of two feet or more vertical height 1061 (8) Drainage Systems: (A) Interceptor drains,storm drains,and storm water diversions 5 feet: (B) Ground-water lowering ditches and devices 10 feet: (9) Any swimming pool I0 feet: (10) Any other nitrification field 5 feet, (f) Sewer lines may cross a water line if 18 inches clear separation distance is maintained,with the sewer line passing under the water line. When conditions prevent an 18-inch clear separation from being maintained or whenever it is necessary for the water line to cross under the sewer,the sewer line shall be constructed of ductile iron pipe or its equivalent and the water line shall be constructed of ferrous materials equivalent to water main standards for a distance of at least ten feet on each side of the point of crossing,with full sections of pipe centered at the point of crossing. (g) Sewer lines may cross a storm drain if: (1) 13 inches clear separation distance is maintained:or (2) the sewer is of ductile iron pipe or encased in concrete or ductile iron pipe for at least five feet on either side of the crossing. (h) Sewer lines may cross a stream if'at least three fcct of stable cover can be maintained or the sewer line is of ductile iron pipe or encased in concrete or ductile iron pipe for at least ten feet on either side of the crossing and protected against the normal range of high and low water conditions, including the 100-year floodhvave action. Aerial crossings shall be by ductile iron pipe with mechanical joints or steel pipe. Pipe shall be anchored for at least ten feet on either side of the crossing. (i) Septic tanks.lift stations.wastewater treatment plants.sand filters,and other pretreatment systems shall not be located in areas subject to frequent flooding (areas inundated at a ten-year or less frequency) unless designed and installed to be watertight and to remain operable during a ten-year storm. Mechanical or electrical components of treatment systems shall be above the 100-year flood level or otherwise protected against a 100-year flood. Nistoty Note: Authorrry G.S. 130.1-335te r and(f): Elf July 1. 1982: .4mended Eft:January 1, 1990,- October 1, 1982.