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28 <br /> 1993 from Paul Thames, Orange County Engineer. The Kays report indicates that 80% of the <br /> soils in the primary nitrification fields at Piney Mountain are unsuitable. Tom Konsler, of the <br /> Orange County Health Department has determined that only 1.5 of the 7 acres of designated <br /> repair area at Piney Mountain contain suitable soils. We have been unable to locate sufficient <br /> additional suitable land to purchase. The Thames letter indicates that even with suitable soils <br /> (he was not aware of the Kays report when he wrote his opinion), the LPP System at Piney <br /> Mountain is likely never to perform adequately, regardless of the funds spent. The attached <br /> additional report dated December 8, 1993 from Barrett Days & Associates (Attachment <br /> 2)indicates that the Pine Mountain stream is not suitable for an NPDES discharge system <br /> (treatment plant). Individual septies systems are possible for only a few homesites (7 of the 58), <br /> and individual septic systems are prohibited under the restrictive covenants for the subdivision. <br /> Will Granting Piney Mountain's Request Set a Bad Precedent? <br /> The best way to prevent future requests like the present one is to make certain that government <br /> regulators look closely at proposals for subdivisions with a private sewerage system. In the case <br /> of Piney Mountain, regulators at the Division of Environmental Management (DEM) approved <br /> a system that did not meet existing state standards, and the Orange County Commission relied <br /> on the DEM approval in approving the construction of the subdivision. Attachment 3 is a <br /> sample of the complaint recently filed by owners of 30 lots in Piney Mountain against DEM. <br /> Responsibility for enforcement of exisiting guidelines for sewer systems changed, effective June <br /> 1992, from the DEM to the Division of Environmental Health (DEH) of the State Department <br /> of the Environment, Health and Natural Resources. DEH, in turn, has delegated to local Health <br /> Departments primary enforcement authority, and it was the Orange County Health Department <br /> which initially identified defects in the Piney Mountain LPP System in the spring and summer <br /> of 1993. With proper administration of State regulations, future sewer systems in the Rural <br /> Buffer can be designed, installed and maintained properly. <br /> It is certain that no purchaser of a lot at Piney Mountain can be blamed for the failure of our <br /> LPP System. The choice of unsuitable soils, the design, construction and maintenance of the <br /> LPP System were the responsibility of others. The key to prevention of similar requests in the <br /> future, therefore, cannot lie in penalizing current owners. <br /> Staff Investigation As Soon As Possible <br /> I am also writing to inquire whether it might be possible to accelerate the process by having <br /> your staff begin its investigation so that Aldermen might have your recommendation and take <br /> possible action at the January 11 meeting of the Aldermen. Such an investigation by your staff <br /> can be facilitated by their contact with the OWASA and Orange County staffs who have already <br /> begun extensive investigation of our LPP System and alternatives. <br /> Morgan <br />