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• 51 <br /> q. DEN allowed North State to continue operation of the <br /> system even after it failed to receive the required <br /> monitoring reports from North State and when a visual <br /> inspection would have determined that North State was not <br /> monitoring the system properly and as required by the <br /> permit. <br /> 13. Based on information and belief, the individuals who are <br /> responsible for the negligent acts alleged are some or all of the <br /> following persons who had a role in the approval and oversight of <br /> the Piney Mountain sewage system; Arthur Nouberry, Babette <br /> McKemie, Donald Safrit, Timothy L. Donally, William A. <br /> Kreutzberger, Rick Biers, R. Paul Wilms, Robert D. Harding, Lindsay <br /> L. Mize, George T. Everett, Carolyn McCaskell, Jeff Lautier, Edmond <br /> John Maguire, C. Brian Wootton, J. William Reid, Bob Cheek, Jay <br /> Zimmerman, Michael D. Cleary, and James R. Parker. <br /> 14. As a direct and proximate result of DEM's negligence, the <br /> value of the lots owned by property owners who have not yet built <br /> homes has decreased from the value they would have had without <br /> DEM's negligence. The claimant will present evidence at the <br /> hearing on this claim as to the amount of depreciation in the value <br /> of claimant's property caused by the negligence of DEN. <br /> 15. As a direct and proximate result of DEN's negligence, the <br /> property owners who have homes using the sewerage system must pay <br /> for the repairs to the system required by orange County as a <br /> condition of the existing limited permit. The emergency operator <br /> has estimated this cost will be a total of approximately $50,000. <br /> These property owners shall also have to bear the expense of <br /> replacing the system and seek from DEM the cost to them of securing <br /> a substitute system, which costs shall exceed five thousand dollars <br /> for each lot. <br /> 16. Also as a result of DEN's negligence, claimant has shared in <br /> the expense incurred by the Piney Mountain Homeowner's Association <br /> to investigate possible ways to expand the capacity of the sewage <br /> system and other steps necessary to provide an adequate system for <br /> the entire subdivision. These expenses exceed $ for each <br /> property owner, and continue to grow at this time. <br /> R&11\011317-002\00=1$\11-16.43 5 <br />