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HomeMy WebLinkAboutEHPR-07-2023-44865.TIF °I1A14.1 catawba county public health August 29, 2023 LuAyy Najjar(Lyfe Homes, Inc) 9427 Culcairn Rd Huntersville NC 28078 Re: Application for Improvement Permit for 8840 Dog Leg Rd,Sherrill Ford NC 28078 Health Department file number EHPR-07-2023-44865 Dear LuAyy Najjar: The Catawba County Health Department, Environmental Health Division on 8/8/2023,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 5 bedroom home with a design wastewater flow of 600 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) 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. catawbacountync.gov Environmental Health Cotcwhc County Government Center 25 Government Drive I PO Box 389 I Newton NC 28658 1828.465.8270 MAKING. LIVING. BETTER. Page 2 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. 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 8/29/2023. Meeting the 30 day deadline is critical to your formal appeal. If you file a petition for a contested case hearing with the Office of Administrative Hearings,you are required by law(N.C.General Statute 150E-23)to serve a copy of your petition on the Office of General Counsel, N.C. Department of Health and Human Services, 2001 Mail Service Center, Raleigh, N.C. 27699-2001. Do not serve the petition on your local health department. Sending a copy of your petition to the local health department will not satisfy the legal requirement in N.C.General Statute 150E-23 that you send a copy to the Office of General Counsel, N. C. Department of Health and Human Services. You may call or write the local health department if you need any additional information or assistance. Sincerely, mes R Ross, REHS Environmental Health Specialist Enclosures: Site evaluation Rule .1945, .1948 Catawba County Environmental Health 20 r.r r n r ,✓r suex .F—. • 4sr ' ✓ '-Ya ' a"bx i � 4' q - 4 t �Od -•l'OVD.n1 srf a s J ''�{ r4f :7k' 4<#1.f�' F '}e+ f�^y r . N� .'!i .. r e y" v2 k ri rP�. �m# ire ,.. ti �.x..0. �" v �' 'k$ ,ll� : �'. Q ;e „q�c r�,. .�so�v;a P�F .•rj i�/,' �3 y f f 'irif "- s �.r �, .4 P,r ,r V 'r .?-- , %f ki jt r �, 5 i Ap ,s , �s •�S A4. y"��}+ v 1r t� FrY��P� ,, �r ��t S� i r°r t � b ���� �°" siC .� L'd y �'a r�i'� ,,i ��i a'.,: q :. .. } z a-b Fa , r"tF,.�' s.j #h' f}xF +,. j�p cfi... y -i- a 56.8 ti'stA L 'fit : `q£zit %øIf � ' z u t q "�%+'^s ,-asp .. S. '.�d 155.40 > -% ."iL ..;%M. 'J g . • ryn�'' •.1780 • �^ N.03 .8852 N • .8840 tit' N`'5 () r d..) 56.91 �nA0 95.00 .°• 199.99 s C: 0 200,14 . %.'Seti'IP 1 ` 40.06 0�LAG g J I 95.00 •8859 N0 76.28 0 CD 6- /A c 2_ 1-es.5:61( 4,..ati--;f?0 eb 0 -2(3 .6,5' t--' 113^ LI ,/ 2- c'S / Parcel: 461902757576, 8840 DOG LEG RD 1 . t in=60ft SHERRILLS FORD, 28673 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 reap 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 07/11/2023 DEPARTMENT OF HEALTH AND HUMAN SERVICES Sheer o DIVISION OF PUBLIC HEALTH,ENVIRONMENTAL HF.AI.TH SECTIONPRO — f PROPERTY ID#: ON-SITE WATER PROTECTION BRANCH COUNTY: Catawba SOILJSITE EVALUATION - for ON-SITE WASTEWATER SYSTEM L (Complete all fields in full) OWNER: C' yY)+!S APPLICATION DATE ADDRESS: DATE EVALUATED:* ` j,13 S PROPOSED FACILITY: PROP_� �- D D IGN q W(.1949 PROPERTY SIZE: � LOCATION OF SITE: D C AJCN Flyl W / PROPERTY RECORDED:_ WATER SUPPLY: 0 Private C Public I L I Spring El Other EVALUATION METHOD: 0 Auer Boring L f 1 Cut TYPE OF WASTEWATER: 6:4.5ewagc 0 Industrial Process 0 Mixed • M r +4} , SOL O RAOIAGY < onto ..,. F t"' (.19/1) PROI?ILE FACTORS S.I,LANDSCAP ( 341,x. AEi HOR N . ,{ • 5 ,tjrPOS ON/ DEPTH PRO E4 ,1942 s � .1941 1941 tt,. SOIL . 943 196, 1,44 CLASS 4 �; STRUCTURE/ CONSISrEC t WETYESS/ SOIL ,SAPRO ROTH , t&LTAR . ILk1 ' . TEXTURE. MINIRAOGY, ..COLOR,. DEPTH • CLASS 4,�Igriz Or-la Q- W$5/j F S 1 JO- ` 3 C St L�. J� fr r 3' 77 L3 f J ,� p rn , fr ,,S 1 _4Z (LL. SIA -Fr —5L 2 Ue:,-/ 46 -,c i ii/6-(1-11661 -Cc JE Si ,3 o 3 4 r DESCRIPTION INITIAL SYSTEM REPAIR SYSTEM OTHER FACTORS(.1946): Available Space(.1945) LI_5 1.--15 SITE CLASSIFICATION(.1948):_ __ 5- - SystemTypc(s) EVALUATED BY: • OTHER(S)PRESENT: e_ (j7 Site LIAR 13 r COMMENTS: I — — - Updated February 2014 • • ` �,'__I/ .<J 0 568 / P 6 1 55 Ogja ii. 4) • :4,• Cl 3 1780 2 4 r. \ vl . 'A rz 6 ; • \ h/ • B852 A I:\ 4111/ 8840 5 .7 6 . r 1%... \\ bCr5 0) d it.) P" r kfr, . 9 1 1.1„, " AN 95 . 35 .-LA 4 44 . , cc, .___ , \ „ . 00 . cb ,.hog • 1 s 0 . 1 99 tiF 3 A4°°°0l ___ can C. ` paa LEG RO___—— !�'�1 _____ , ______ ____c5) / , 1ZI g .0 9 3 gi r5i 76 .2 �' 5 \ \ T O .> 40, , Y mrmac aocka..ol v.rol.e11m04.Crar4a Ca.My Selected Parcels t.C.[Aware.lnmr.lm Splam Caa..4.C.nlyMas `\ —oOa ao a.l..all dbnl to ens.ti n.rfiar..Or , ta.lo'raMAM rtrrl.v Car WO]o•'harl; �y Cr..a.corlrom. its•'°� ^a 'na-dsth"'d "ar` N a. PIN:461902757576 �a ..fu1 cr el or,dI•mn.I•c cn In.map prod. . q n.u.. Th.Cary d Cra.vml.a.rplord•re 7/1112023 LRK:3972 '4 .O.RI da p's..a...lkIO•hell aat r•cter GRIGSBY GREGORY B _.de .>mr...ts.o.Id lI vl4for aya bpr,.00...prnW r'. .rd Y.Ivf.rlaaInn r �lt nnm,nl.aArarl•.u.�w.dev.rrypraaro.f+; 1 inch=50.00 feet 8840 DOG LEG RD ` SHERRILLS FORD 28673 4. For Informational Purposes Only =1- -r � catawba county 15A NCAC 18A.1945 AVAILABLE SPACE (a) Sites shall have sufficient available space to permit the installation and proper functioning of ground absorption sewage treatment and disposal systems,based upon the square footage of nitrification field required for the long-term acceptance rate determined in accordance with these Rules. (b) Sites shall have sufficient available space for a repair area separate from the area determined in Paragraph(a)of this Rule. The repair arca shall be based upon the arca 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 issuancc of the initial Improvement Permit for a site,the local health department shall designate on the permit the original system layout.the repair area,and the type of replacement system. (c) The repair 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 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 rcouirements of Rule.1937(c)of this Subchapter is received by the local health department on or bcttare Anril 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 arca,as determined by the local health department, shall be allocated for a repair arca. History Note: Authority G.S. 130A-3351e)am!(1); Eff:July 1, 1982; Amended Eff February 1. 1992;Juh• 1, 1983:January 1. 1983. 15A NCAC 18A.1948 SITE CLASSIFKCATION (a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and disposal systcm consistent with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation of a ground absorption sewage treatment and disposal systcm or have slight limitations that are 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 sitc which is classified as UNSUITABLE. However,where a site is UNSUITABLE,it may be reclassified PROVISIONALLY SUITABLE ifa special investigation indicates that a modified or alternative system can be installed in accordance with Rules.1956 or.1957 of this Section_ (d) A site classified as UNSUITABLE may be used for a ground absorption sewage treatment and disposal system specifically identified in Rules .1955, .1956, or .1957 of this Section or a system approved under Rule .1969 if written documentation,including engineering,hydrogcologic,geologic or soil studies,indicates to the local health department that the proposed system can be expected to function satisfactorily. Such sites shall 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 Nate: Authority G.S. !30_A-335(e); LW:July 1, 1982: Amended Eff.:April 1. 1993;January 1, 1990_ U.S. Postal Service m CERTIFIED MAIL" RECEIPT co Domestic Mail Only fm For delivery information,visit our website at www.usps.com . fU Certified Mail Fee N 5`-^ n r-R $ Extra Services&Fees(check hen,add fee as approprtat= IJ�i 1 m 0 Return Receipt(hardcopy) $ 1 /" Q ,(P 0 Return Receipt(electronic) $ -„ ostmark n Q 0 Certified Mail Restricted Delivery $ - ,n Here Q El Adult Signature Required $ r/<G M1 0 Adult Signature Restricted Delivery$ n v Q Postage `3:J- r-R ru Total Postage and Fees $ EHPR-07-2023-44865 ti Sent To LuAyy Najjar(Lyfe Homes, Inc) [Q�- stress andA94'27 r` Rd tiii-graie; -tersV111-e-NC28078 PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Certified Meil service provides the following benefits: •A receipt(Vs portion of the Certified Mail label). for an electronic return receipt,see a retail •A unique identifier for your mailpiece. associate for assistance.To receive a duplicate •Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service- -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. Important Reminders: �R�fl�pre service,which requires the •You may purchase Cert i se Ice I\J�t2eto b�at least 21 years of age(not First-Class Mail•,first- cT VVjg[retail). or Priority Mail.servic . -Adult signature restricted delivery service,which •Certified Mail service Is not available for requires the signee to he at least 21 years of age international mail. and provides delivery to the addressee specified •Insurance coverage Is not availa urchase_ pate,or to the addressee's authorized agent with Certified Mail service.Howe purchase --( allabte at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should beara certain Priority Mail Items. LISPS postmark.If you would like a postmark on •For an additional tee,and with a proper I receipt,please present your endorsement on the mail ereyneroea�t le t m at a Post Office'"for the following services: postmarking.If you don't need a postrnark on this -Return receipt service,which provides a record Certified Mall receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Retom Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT.Save this receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-e0o-9047 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Comptete Items 1,2,and 3. • Ignature IIPrint your name and address on the reverse CI Agent so that we can return the card to you. _ ❑Addressee II • Attach this card to the back of the mailplece, B. rived by{Printe. 'ante) _of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No LuAyy Najjar(Lyfe Homes, Inc) 9427 Culcairn Rd Huntersville NC 28078 IIII II III 30 Adult Signature 0 Registered Mail", . Service Type 0 Priority Mail Express© IIIIIIII'll iIIII'll' I l 1111111 Il IRestricted Delivery Registered Mail Restricted ted"Certified Signature ® D 9590 9402 7759 2152 4093 86 0 Certified Mail Restricted Delivery 0 Signature Confirmations" Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service labell J❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 7022 2410 0003 1218 3383 lonvsuerrealoaillRestrictedDelivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACKING# First-Class Mail ta° Postage&Fees Paid USPS I 'Iil III 1i: 3 L Permit No.G-10 9590 9402 7759 2152 4093 86 United States •Sender: Please Print your name,address,and ZIP+4'f"in this box* Postal Service EHPR-07-2023-44865 James R Ross,REHS RECEIVED C EIVED Catawba County Public Health Environmental Health PO Box 389 SEP 1 8 ?o23 Newton,NC 28658 Environmental Health