15-5-36339 Intent to Revoke Suspend IPAC -Harnett
C O U N T Y
NORTH CAROLINA
Division of Environmental Health
www.harnettorg
Harnett County Government Complex
307 W. Cornelius Harnett Boulevard
Lillington, NC 27546
Harnett County Division of Environmental Health ph. 910-893-7547
fax 910-8939371
Notice of Intent to SUSPEND/REVOKE Improvement Permit/Construction Authorization
12/14/2015
Owner: Randy and Virginia Barnes
Address: 3540 Old Buies Creek Rd.
Angier, NC 27501
Subject: Notice of Intent to Revoke/Suspend Tart Custom Homes/Olive Branch Road
Improvement Permit/Construction Authorization
Dear Randy & Virginia Barnes:
The Harnett County Department of Public Health inspected the site for the on-site wastewater
system located at 1280 Olive Branch Road for compliance with the Laws (Article it of
Chapter 130A of the North Carolina General Statutes), Rules (15A NCAC 18A .1900 et seq.),
and Construction Authorization # 28452 HTE 15-5-36339. As a result of this inspection, the
Department has determined the following violations:
Violation Law or Rule Citation
1 Nitrification trenches installed at a depth greater than 24 inches in violation of
Rule .1955 (m).
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 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. You may write the Office of Administrative
Hearings, call the office at (919) 431-3000 or get a copy of the petition form from the OAH
web site at http://www.ncoah.com/forms.htm] . The petition for a contested case hearing
must be filed in accordance with the provision of North Carolina General Statutes 130A-24
and 15OB-23 and all other applicable provisions of Chapter 150B.
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North Carolina 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 LETTER. The date of this
letter is 12/14/2015. 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 15013-23) 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, NC 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 15013-
23 that you send a copy to the Office of General Counsel, 2001 Mail Service Center, NC
Department of Health and Human Services.
You may contact our office at 910-893-7547 or 910-893-9371(fax).
Sincerely,
Bryan McSwain, R.E.H.S.
On -Site Wastewater Program Specialist
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