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DENHarnett Department of Public Health ~IC 0 U N T Y N O R T H CAROLINA www.hamett.org July 27, 2009 Harnett County Government Complex 307 Cornelius Harnett Boulevard Lillington, NC 27546 ph: 910-893-7550 Re: Application for improvement permit for Line Rd. fax: 910-893-9429 Health Department file No.09-5-22461 Dear Mr. Murchison, The Harnett County Health Department, Environmental Health Division on July 23, 2009 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 residence with a design wastewater flow of 360 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, Rules .1940 through .1948, the evaluation indicated that the site is UNSUITABLE for a ground absorption sewage system. Therefore, your request for an improvement permit is DENIED. 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) x_ Unsuitable soil characteristics (structure or clay mineralogy) (Rule x Unsuitable soil wetness condition (Rule .1942) Unsuitable soil depth (Rule .1943) Presence of restrictive horizon (Rule .1944) 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, and 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 1941) strong roots • new growth improvement permit shall be issued for this site in accordance with Rule .1948(c). However, the 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 N.C. Department of Environment and Natural Resources regional soil specialist. A request for informal review must be made in writing to the local health department. You also have a right to a formal appeal of this decision. To pursue a formal appeal, you must file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Center, Raleigh, N.C. 27699-6714. To get a copy of a petition form, you may write the Office of Administrative Hearings or call the office at (919) 733-0926 or from the OAH web site at http://www.ncoah.com/forms.shtml. 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 TffiS LETTER The date of this letter is July 27, 2009. Meeting the 30 day deadline is critical to your right to a formal appeal. Beginning a formal appeal within 30 days will not interfere with any informal review that you might request. Do not wait for the outcome of any informal review if you wish to file a 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 send a copy of your petition to the North Carolina Department of Environment and Natural Resources. Send the copy to: Office of General Counsel, N.C. Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, N.C. 27699-1601. Do NOT send the copy of the petition to 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 15OB-23 that you send a copy to the Office of General Counsel, NCDENR You may call or write the local health department if you need any additional information or assistance. Sincerely, Oliver TolWorf RS Soil Scientist Encl.: Copy of site evaluation Copy of Rule .1948 15A 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 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 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 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 (1) a ground absorption system can be installed so that the effluent will be non-pathogeme, 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.& 130A-335(e); Eff. July 1, 1982; Amended Eff. April 1, 1993; January 1, 1990. E Harnett County Soils Overlay C r' .u >5`'~_~,. ~:-•.~ia.T"~. lCa~'c: .6F.c+iami'Ar's~+;.,z~~Z erTiw. ~n cT.. ~ ?~i''~:*i,.A'%,.t~r~''~ .~u": Zoom in Loom out u Pan ID Soil Name Hydric Description } Bn6 Blaney loamy sarid, 2 to S percent slopes -i Ga6 Gilead loamy sane, 2 to 8 percent slopes Map Scale = One bush. = ~t3 feet owner Information: F~D 0,9575 6113 01 NAME JERWGAN CAROLYN C ADDRESS 1216 GREENBRiAR PEACE CR'!ST MASS, NC 783944+0M ACRES 4.29351 Page 1 of 1 Download ResuKs: SoitsPulygon_099075 0193 01_zip - - - Acres 0-97 5.22 http://gistools.hamett.org/giswebsiteutils/SoilsOverlay.aspx?PID=099575 0193 01 7/23/2009