Orange County NC Website
Browse       Search
47 <br /> ATTACHMENT TO AFFIDAVIT <br /> 1. The claimant is one of several property owners of lots in the <br /> Piney Mountain subdivision located in Orange County. The <br /> subdivision has a low pressure pipe (LPP) sewerage system owned and <br /> formerly operated by North State Utilities, Inc. ("North State") . <br /> The subdivision's restrictive covenants prohibit individual septic <br /> tanks and there is no publicly-owned sewerage service available. <br /> 2. As of 1987 and until July 14, 1992, the Division of <br /> Environmental Management � (DEM) of the N.C. Department of <br /> Environment, Health and Natural Resources (or its predecessor) had <br /> statutory responsibility for regulating and permitting the <br /> construction of privately-owned community sewerage systems such as <br /> the one built in the Piney Mountain subdivision and for overseeing <br /> the operation of such systems. Because of this responsibility, DEM <br /> had a duty to insure that such systems were designed, constructed <br /> and operated in compliance with applicable state laws and <br /> regulations and sound engineering practices. <br /> 3. on December 23, 1987, DEN issued a permit to North State <br /> pursuant to the regulations in 15 NCAC Chapter 2H of the North <br /> Carolina administrative code authorizing the construction of an LPP <br /> sewerage system in the Piney Mountain subdivision to provide sewer <br /> service to 59 lots in the Piney Mountain subdivision. On November <br /> 300 1990, DEN issued another permit for the Piney Mountain system <br /> that voided the 1987 permit and again authorized the construction <br /> of an LPP system for 59 lots in the subdivision. On August 30, <br /> 1991, DEM issued a third permit, voiding the 1990 permit and <br /> authorizing the construction of an LPP system for 58 lots in the <br /> subdivision (the 59th lot is served by its own septic tank, which <br /> was in place before the subdivision was developed and the <br /> restrictive covenants were imposed) . <br /> 4. After the time DEN issued the permits described above and <br /> pursuant to those permits, North State constructed the LPP <br /> community sewerage system at the Piney Mountain subdivision and <br /> received permission from DEN to commence operation of the system. <br /> To date, 55 of the lots in the subdivision have been sold. There <br /> are 34 houses hooked up to the sewerage system. There are 24 <br /> unimproved lots, four of which belong to the developer. <br /> 5. In 1992, jurisdiction for the permitting of privately-owned <br /> community sewerage systems, such as the one in place at the Piney <br /> Mountain subdivision, changed by statute from DEN to the Division <br /> of Environmental Health ("DEH") within the Department of <br /> Environment, Health and Natural Resources. DEH authorized the <br /> Orange County Department of Health to administer on its behalf the <br /> permitting of systems in Orange County. <br /> 6. on January 31, 1993, the DEN Permit for the Piney Mountain <br /> sewerage system expired. In the process of considering North <br /> M1\01U17-M0=U#\It-*" <br /> 1 <br />