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Home My WebLink AboutRBPR-05-2023-44451.TIF catawba county public health 10/12/2023 Oakwood Homes of Newton 1265 Hwy 70 W Newton, NC 28658 Re: Application for Improvement Permit and Authorization to Construct for 2665 Water Plant Rd,Maiden Health Department file number RBPR-05-2023-44451 Dear Sir: The Catawba County Health Department, Environmental Health Division on 9/7/2023,evaluated the above referenced property at the site designated on the plat/site plan that accompanied your Improvement Permit and Authorization to Construct application. According to your application the site is to serve a 4 bedroom home with a design wastewater flow of 480 gallons per day.The evaluation was done in accordance with the laws and rules governing wastewater systems in North Carolina General Statute 130A-333 including related statutes and Title 15A,Subchapter 18A,of the North Carolina Administrative Code, Rule.1900 and related rules. Based on the criteria set out in Title 15A,Subchapter 18A,of the North Carolina Administrative Code, Rule.1940 through .1948,the evaluation indicated that the site is UNSUITABLE for a sanitary system of sewage treatment and disposal. Therefore,we must deny your request for an Improvement Permit. A copy of the site evaluation is enclosed. The site is unsuitable based on the following: Unsuitable soil topography and/or landscape position(Rule.1940) Unsuitable soil characteristics(structure or clay mineralogy)(Rule.1941) Unsuitable soil wetness condition(Rule.1942) X Unsuitable soil depth(Rule.1943) Presence of restrictive horizon (Rule.1944) X Insufficient space for septic system and repair area (Rule.1945) Unsuitable for meeting required setbacks(Rule.1950) Other(Rule.1946) These severe soil or site limitations could cause premature system failure,leading to the discharge of untreated sewage on the ground surface, into surface waters,directly to ground water or inside your structure. The site evaluation included consideration of possible site modifications,as well as use of modified,innovative,or alternative systems. However,the Health Department has determined that none of the above options will overcome the severe conditions on this site. A possible option might be a system designed to dispose of sewage to another area of suitable soil or off-site to additional property. catawbacountync.gov Environmental Health Cctowbo County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270 MAKING. LIVING. BETTER. Page 2 For the reasons set out above,the property is currently classified UNSUITABLE, and no 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 150B-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 10/12/2023. Meeting the 30 day deadline is critical to your formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings,you are required by law(N.C.General Statute 150E-23)to serve a copy of your petition on the Office of General Counsel, N.C. Department of Health and Human Services, 2001 Mail Service Center,Raleigh, N.C. 27699-2001. Do not serve the petition on your local health department. Sending a copy of your petition to the local health department will not satisfy the legal requirement in N.C.General Statute 150B-23 that you send a copy to the Office of General Counsel, N. C. Department of Health and Human Services. You may call or write the local health department if you need any additional information or assistance. Sincerely, James R. Ross REHS Environmental Health Specialist Enclosures: Site evaluation Rule.1943, .1945, .1948 cc: Patricia McCartney,owner 15A NCAC I8A .1943 SOIL DEPTH (a) Soil depths to saprolitc,rock,or parent material grcatcr than 48 inches shall be considered SUITABLE as to soil dcpth. Soil depths to saprolitc,rock,or parent material between 36 inches and 48 inches shall be considered PROVISIONALLY SUITABLE as to soil depth. Soil depths to saprolitc, rock, or parent material less than 36 inches shall be classified UNSUITABLE as to soil depth. (b) Where the site is UNSUITABLE with respect to depth.it may be reclassified PROVISIONALLY SUITABLE after a special investigation indicates that a modified or alternative system can be installed in accordance with Rule.1956 or Rule .1957 of this Section. History Note: Authority G.S. 130A-335/el: Elf July I, 1982: Amended Ef August 1. 1988. Q 15A\CAC 18A.1945 AVAILABLE SPACE (a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption sewage treatment and disposal systems,based upon the square footage of nitrification field required for the long-term acceptance rate determined in accordance with these Rules. (b) Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph(a)of this Rule. The repair area shall be based upon the area of the nitrification field required to accommodate the installation of a replacement system as specified in Rule.1955,.1956,or.1957 of this Section. Prior to issuance oldie initial Improvement Permit for a site,the local health department shall designate on the permit the original system layout,the repair arca,and the type of replacement system_ (c) The repair area requirement of Paragraph(b)of this Rule shall not apply to a lot or tract of land: (1) which is specifically described in a document on file with the local health department on July 1, 1982.or which is specifically described in a recorded deed or a recorded plat on January 1, 1983;and (2) which is of insufficient size to satisfy the repair arca requirement of Paragraph (b) of this Rule, as determined by the local health department:and (3) on which a ground absorption sewage treatment and disposal system with a design daily flow of: (A) no more than 480 gallons is to be installed;or (B) more than 480 gallons is to be installed if application for an improvement permit which meets the requirements of Rule.1937(c)of this Subchapter is received by the local health department on or before April 1. 1983. (d) Although a lot or tract of land is exempted under Paragraph(c)from the repair area requirement of Paragraph(b),the maximum feasible area,as determined by the local health department,shall be allocated for a repair area. Htslav Now :fulhorin•G.S. 1324-333re)and(1: L_;ir:July 1. 1982.. .!mended Ef(. February 1. 1992:July 1. 1983:Jarruan• 1. 1983. I5A N('AC 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 ofa 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 sonic 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 he installed in accordance with Rules.1956 or.1957 of this Section. (d) A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules _1955, .1956, or .1957 of this Section or a system approved under Rule .1969 if written documentation,including engineering,hydrogeologic.geologic or soil studies,indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall be reclassified as PROVISIONALLY SUITABLE if the local health department determines that the substantiating data indicate that: (I) a ground absorption system can be installed so that the effluent will be non-pathogenic.non-infectious, non-toxic,and non-hazardous; (2) the effluent will not contaminate groundwater or surface water:and 131 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, 'arc: .itahanty G.S. 130 1-335(r): £ff:Jtely 1. 1982: _intended Eff:April 1. 1993,-January 1, 1990. Catawba County Environmental Health `ot . � a 10. 1162.. at l w • ,fDq'1 CN) •�91 Parcel: 365704648698, 2665 WATER PLANT RD 1In=50ft MAIDEN, 28650 This mapirepat product was prepared from the Catawba C3eos�. to ensure the accuracy of location and Isbebng information contained on 4tls i or dote on Services. Catawba County County has rtw�w d_i efforts r.... t e Independe verlllcabn of any data oontel on this by the�P or u er an etC report Cafa ra eemployees. end s.a nrnw�ds Porooarise from orkol'Ihb map reand shell not be held gable tor any and aid danygea,Imo Ileb deer. et rd irenty of C direct o.Me segue eN.agents,and Pod Product or the area thereof by anY Moon a alty. iebafky'whether direct,Indirect a ooneequerttlal which.rieee a may Copyright 2023 Catawba County NC 09/27/2023 r . . , . .. 4 , )1 ba county cataw GialPatial Real Est, Search •--.- MAIM.UM*.MM. Information Sorvicips 4,s6 -a 7-ill (-/--- 5461( ;Li 4 PP I 1.4 -t 4e°C. 04 V 77- 105' ' 49 -‘w• - . I'LrA 3 Li C 64e,t9,K )44,,,,,*" , gr'• ri.....7 J. ao- '2--6- ofit .5 %, . h5-,2-e. c 50 31--/ 5 Lir '00 -\..t, .t% it 1.3.: 001 It. Aft 1-f5,fk_ 0 _I i 6(_,L ci, •; C-4% % .•• , 1 ) W - ,3 1. . ile-11) ,,bsil ..... . . . • 1.00A 4--L/-0 C ki/ 'III>l' i( Clv-, . 24 tt 0 v+ , i j In=i3Oft Parcel:365704648698,2665 WATER PLANT RD MAIDEN,28650 Owners:MCCARTNEY PATRICIA, AV t• I.'6 I/ 4 i Owner Address: 2685 WATER PLANT RD Values-BulldIng(s): $92,000, Land: $17,700,Total:$109,700 0 -II t 4/ It-62/41 c _,V<//b•A btaniThe mapireport product van prepared iron Ihe Comet* NC Osam k • ullnigthrills veCeirwilleganiarAeralatUreifriber:1241.1rowiemen laaTnii°74111748=ItCral:4*.t.%ZiLteti!daallua mid.and °kids rios'acrag.mdbalaZZIdartdial now:leeld liable far etyytellypi iiiinr."9:111:14gritwhithere Ccurdleallestit its.mgeolieealir.ander may co_202311eler•te Courtly NC 06/22/2023 . ,.....— ,. .. _ -