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Apri13, 2002
Oakwood Homes for Cynthia Love
4130 Durham Road
Roxboro, NC 27573
Re: Application for improvement permit for Wastewater system for property off CP&L
Access Road lots 12D, 12E, 13D, 13E. Person County Health Department File:
Tax Map #A34, Parcel #87
Dear Ms. Love:
The Person County Health Department, Environmental Health Division on April 2, 2002 evaluated the above-
referenced property at the site designated on the pladsite plan that accompanied your improvement permit
application. According to your application the site is to serve a three-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 and related statutes and Title 15A, Subchapter 18A, of 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. The site is unsuitable based on the following:
1. Soil depths to saprolite unsuitable (Rule .1943).
2. Expansive clay mineralogy (Morphology) (Rule.1941)
3. Soil wetness conditions indicated by chroma colorization (Rule .1942)
4. Available Space (Rule.1945)
These severe soil or site limitations could cause premature system failure, leading to the discharge of untreated
sewage on the ground su ;face, in surface waters, directly into ground water or inside your structure.
The site evaluation included consideration of possible site modiiications, 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 dassified UNSUITABLE, and an improvement permit shall
not be issued for this site in accordance with Rule .19480.
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 Environmen[ and Natural Resources regional soil specialist. A request for an informal review
must be made in writing to the local health department.
phone 336.597.1790
fax 336.597.7808
20-B Court Street, Roxboro, NC 27573
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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. The petition for a contested case hearing must be filed in accordance with the provision of North Carolina
General Statutes ]40A-24 and 150B-23 and all other applicable provisions of Chapter 150B. N.C. General Statue
130A-335 (g) provides that your hearing would be held in the county where your property is loca[ed.
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. 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 infotmal 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 ] SOB-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 Person County Environmental Health Department if you need any additional information
or assistance.
o-•
'ncerely,
el N. Hicks, RS
nvironmental Health Specialist
Environmental Health Division
Person County Health Department
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