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10 <br /> -5- <br /> Orange County Commission <br /> Resolution <br /> in regard to the installation of municipal sewer line <br /> to the Piney Mountain Subdivision <br /> WHEREAS, the Piney Mountain Subdivision ("Piney Mountain") is located <br /> on Mt. Sinai Road in Orange County, N.C. in the area designated as the "Rural <br /> Buffer" by the Joint Planning Agreement dated November 2, 1987 among Orange <br /> County, Chapel Hill and Carrboro ("1987 Joint Planning Agreement"); and <br /> WHEREAS, the 1987 Joint Planning Agreement and Joint Planning Land Use <br /> Plan among Orange County, Chapel Hill and Carrboro (adopted in October 1986 and <br /> amended on April 2, 1990 - "Joint Planning Use Plan") each provides that the <br /> Rural Buffer "will not require urban services (public utilities and other town services);" <br /> and <br /> WHEREAS, the Joint Planning Use Plan also acknowledges that the Orange <br /> Water and Sewer Authority ("OWASA"), as the provider of water and sewer in the <br /> Joint Planning Area, extends water and sewer in accordance with the adopted policies <br /> of the applicable local governments; and that the applicable policy of Orange County <br /> for the Rural Buffer is to extend water and sewer only to provide service to an essential ' <br /> public service, such as a school, or to remedy a public health emergency, such as a <br /> failing septic tank or failing package treatment plant; and <br /> WHEREAS, Piney Mountain has a failing community low pressure pipe <br /> sewerage disposal system ("LPP System"); and <br /> WHEREAS, Piney Mountain, after a complete investigation with the assistance <br /> of soil scientists and Orange County Engineers and Health Department staff, has <br /> established that the LPP System has been installed in unsuitable soils and that there <br /> is insufficient repair area either existing or available for purchase; that, even in suitable <br /> soils the LPP system has been so poorly designed, constructed and maintained that it <br /> is likely that it would never perform adequately, regardless of the funds spent; that <br /> other alternatives such as an NPDES discharge system (treatment plant) are not <br /> feasible; and that the only solution to providing sewer service to its 58 homesites is to <br /> install and maintain, at Piney Mountain's expense, in accordance with specifications of <br /> OWASA and the City of Durham, and in such a manner so as to deter additional <br /> connections, a pressurized sewer line from Piney Mountain to the City of Durham <br /> municipal line at the intersection of Kerley and Mt. Sinai Roads in Durham County <br /> ("Sewer Line"); and <br /> WHEREAS, Piney Mountain has secured the approval of Kenneth E. Wright, <br /> Durham City Engineer (subject to the usual conditions) to connect the Sewer Line with <br /> that of the City of Durham provided that Piney Mountain also secures the approval of <br /> OWASA; and <br /> Piney Mountain <br />