DENHarnett
C O U N T Y
NORTH CAROLINA
January 24, 2011
www.harnett.org
Lillington, NC 27546
Re: Application for improvement Buffalo Estates lot 16
Health Department file No. 11-5-25867
Dear Mr. McGee,
Department of Public Health
Harnett County Government Complex
307 Cornelius Harnett Boulevard
ph: 910-893-7550
fax: 910-893-9429
The Harnett County Health Department, Environmental Health Division on January 20, 2011
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 4 bedroom
residence with a design wastewater flow of 480 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)
x Unsuitable soil depth (Rule .1943)
Presence of restrictive horizon (Rule .1944)
x_ Insufficient space for septic system and repair area (Rule .1945)
x 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 THIS LETTER The date of this letter
is January 24, 2011. 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 150B-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.
Ohver'Tolksc
Soil Scientist
Encl.: Copy of site evaluation
Copy of Rule .1948