Notice of Intent to Revoke OPHarnett
C O U N T Y Department of Environmental Health
www.harnett.org
Harnett County Government Complex
307 Cornelius Harnett Boulevard
Lillington, NC 27546
July 2, 2010
H & H Construction Inc.
2919 Breeze Wood Avenue, Suite 400
Fayetteville, NC 28303
RE: Notice of Intent to Revoke Operation Permit HTE #10-5-23619
To Whom It May Concern:
The Harnett County Department of Public Health inspected the on-site
wastewater system located at Forest Oaks Subdivision lot 140 for
compliance with the Laws (Article I 1 of Chapter 130A of the North Carolina General
Statutes), Rules (15A NCAC 18A .1900 et seq.), and Operation Permit conditions. The
Department has determined the following violation:
1. The OSWS serving this lot does not maintain the minimum 10 ft. horizontal distance
from any and all water lines on the property 15A NCAC 18A .1950 (a) (14)
This is to notify you that based on these violations, the Department intends to
revoke your Operation Permit 30 days from the date of this notice.
If the health department determines that all of the violations have been corrected before
thirty (30) days expire; the revocation will not go into effect. If the permit is revoked,
you must apply for a new Operation Permit and meet the requirements of the current laws
and rules necessary to obtain a new permit. You have a right to an informal review of
this decision. You may request an informal review by the 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 specialist. A
request for informal review must be made in writing to the local health department.
You have the right to a formal appeal of this decision by filing a petition for a contested
case hearing with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC, 27699-6714.
ph 910-893-7547
fax: 910-893-9371
strong roots - new growth
arn HO U Net Y Department of Environmental Health
i H CA R0 l_i'dA
www.harnett.org
Harnett County Government Complex
307 Cornelius Harnett Boulevard
Lillington, NC 27546
To obtain a petition form, you may write the Office of Administrative Hearings, call that ph: 910-893-7547
office at 919-431-3000, or down load from their website at www.oah.state.nc.us/hearingsfax: 910-893-9371
The petition for a contested case hearing must be filed in accordance with the provisions
of North Carolina General Statutes 130A-24,15OB-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.
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 NOTICE.
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 may
request.
If you file a petition for a contested case with the Office of Administrative Hearings, you
are required by law (NCGS 15013-23) 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, NC Department of Environment and Natural Resources, 1601 Mail
Service Center, Raleigh, NC 27699-1601. Sending a petition or a copy of the petition to
the local health department will NOT satisfy the filing requirements of the NC General
Statutes.
You may call or write the local health department if you need additional information or
assistance.
Sincerely,
Bryan McSwain, R.E.H.S
On-site Waster Water Program Specialist
Harnett County Department of Public Health
Environmental Health Section
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