SEPTIC DENIALHarnett
C O U N T Y
NORTH CAROLINA
May 3, 2016
Re: Application for improvement permit for 752 Clayhole Rd
Health Department file number 16-5-38299
Dear Mr. Sanchez,
Department of Environmental Health
www.harnen.org
Harnett County Government Complex
307 W. Cornelius Harnett Boulevard
Lillington, NC 27546
ph: 910-893-7547
fax: 910-893-9371
The Harnett County Health Department, Environmental Health Division 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 an existing
unpermitted residence with a design wastewater flow of 240 gallons per day. The evaluation was
done in accordance with the laws and rules governing wastewater systems in NC General Statute
130A-333 including related statutes and Title 15A, Subchapter 18A, of the NC Administrative Code,
Rule .1900 and related rules.
Based on the criteria set out in Title 15A, Subchapter 18A, of the NC 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:
_x_ Unsuitable soil topography and/or landscape position (Rule .1940)
Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941)
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, 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
NCDHHS/DPH/EHS/OSWP Revised January 2015
strong roots • new growth
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 information review by the NC 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, 6714 Mail Service
Center, Raleigh, NC 27699-6714. To get a copy of a petition form, you may write the Office of
Administrative Hearings or call the office at (919) 431-3000 or download it from the OAH web site
at http://www.ncoah.com/forms.html. The petition for a contested case hearing must be filed in
accordance with the provision of NC General Statutes 130A-24 and 150B-23 and all other
applicable provisions of Chapter 150B. NC 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 May 3, 2016. 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 (NC General Statute 150B-23) to serve a copy of your petition on the Office of
General Counsel, NC 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 NC General Statute 150B-23 that
you send a copy to the Office of General Counsel, NC Department of Health and Human Services.
You may call or write the local health dertment if you need any additional information or
assistance.
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Oliver Tolksdorf RE
Enclosures: Copy of site evaluation
Copy of Rule .1948
NCDHHS/DPH/EHS/OSWP Revised January 2015
15A NCAC 18A.1948 SITECLASSIFICATION
(a) Sites classified as SUITABLEmay be utilized fora ground absorption sewage treatment and disposal system consistent
with these Rules. A suitable classification generally indicates soil and site conditions favorable for the operation ofaground
absorption sewage treatment and disposal systemor have slight limitations that are readily overcome by proper design and
installation.
(b) Sites classified as PROVISIONALLY SUITABLE may be utilized for aground 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
systemto 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 fora site which sclassified as
UNSUITABLE. However, where a site is UNSUITABLE, it may be reclassified PROVISIONALLY SUITABLE if a special
investigation indicates that a modified oraltemative system can be installed in accordance with Rules .1956 or.1957 ofths
Section.
(d) A site classified as UNSUITABLE may be used fora ground absorption sewage treatment and disposalsystemspecifically
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 SUITABLEl'thelocal
health department determines that the substantiating data indicate that:
(1) 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 -335(e);
Eff. July 1, 1982;
Amended Eff. April 1, 1993; January 1, 1990.