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50 <br /> b. DEN continued to permit Phase I of the system to serve 24 <br /> lots in the subdivision even after an engineer for North <br /> State reported information to DEM showing that the pipe <br /> actually laid in the Phase I nitrification fields was not <br /> as much as originally planned, and thus Phase I of the <br /> system could not serve this many lots. DEN also <br /> permitted Phase II of the system first to serve 35 lots <br /> and subsequently 34 lots, even though North State never <br /> submitted detailed plans showing how it intended to <br /> construct a system with this capacity; North State did <br /> not file a proper certification by an engineer showing <br /> that North State had installed the total linear feet of <br /> pipe required by its permit and depicted in its original <br /> plans and specifications. A visual inspection of the <br /> system would have disclosed that North State had not <br /> installed the total number of linear feet required by the <br /> permit. <br /> C. DEM permitted the system even though North State had not <br /> provided the amount of repair area required by the DEN <br /> regulations for a system serving 58 lots, and even though <br /> much of the area designated for repair area was not <br /> suitable either because of the quality of the soil or the <br /> location of the proposed repair area. <br /> d. DEN permitted the system on the basis of insufficient <br /> information about the quality of the soil for the <br /> nitrification fields and repair area from the soil <br /> scientist retained by North State. DEN was further <br /> negligent in the names in which it conducted its own <br /> investigation to determine whether the soil was suitable, <br /> and in concluding that the soil was suitable when in fact <br /> much of the soil was not suitable for this use. <br /> e. DEM allowed North State to operate the system when it did <br /> not have a certification from an engineer who had <br /> observed the construction indicating that the system had <br /> been constructed as set forth in the original or amended <br /> plans and the system had not been constructed as set <br /> forth in the plans. As discussed above, the system did <br /> not have the planned amount of linear feet of pipe. Also, <br /> the system lacked other components required by the permit <br /> and included in the plans. <br /> f. DEN authorized the system to go into operation even <br /> though the system did not have adequate monitoring <br /> devices to determine whether the system was operating <br /> properly, and did not have all monitoring wells required <br /> by the state, and some monitoring wells were not located <br /> in compliance with DEN regulations. <br /> wu\011317-OM\MMU\11-1e93 4 <br />