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We would also like to make clear the nature of the services <br /> that we provide for our clients. Your letter leaves the <br /> impression that we somehow guarantee that for fees charged <br /> we will find an acceptable on site system design. That is <br /> not the case. There are sites on which it is not possible <br /> to design a system and meet code requirements. There are <br /> also provisions of the code which are subject to <br /> interpretation and, are in our experience, have been <br /> interpreted differently by different building officials. <br /> While we are willing to spend our best efforts to find a <br /> system that meets our clients needs and the code and for <br /> which he can secure approval, it is made clear at the outset <br /> of relations with a client that there is no guarantee that <br /> we will be successful in designing a system that will be <br /> approved. We urge them to seek written governmental <br /> approval before making decisions regarding the use or <br /> potential use of their land. Since we cannot know the minds <br /> of government officials, nor know the characteristics of a <br /> site until we evaluate it, we know of no other way to <br /> proceed. In this process we do not wish to persuade the <br /> government to put at risk the publics rights to <br /> environmental protection and the homeowner's right to expect <br /> a properly functioning disposal system nor do we wish to see <br /> the government arbitrarily deny the use and enjoyment of <br /> property rights to that same public by interpretations of <br /> the codes which are not in line with the underlying intent <br /> of the codes and which may render the site unbuildable. <br /> We continue to feel that our design represents a good <br /> response to the conditions on site but would welcome <br /> suggestions for improvement. We don't see that reorienting <br /> is necessary or desirable but would like to hear your <br /> comments on our reasoning in that regard. We do feel that <br /> we should improve the documentation of our calculations so <br /> that you can more easily follow our design calculations. We <br /> also feel that an in house check list to catch minor <br /> omissions may be useful. <br /> One possible avenue to a solution that occurs to us is that <br /> if the uphill slopes of the mound which do not receive any <br /> effluent were allowed to encroach in to the required <br /> setbacks and the width available for construction of the <br /> proposed home were reduced to 26 feet, we could move the <br /> system so that the 75 foot setback from the pond could be <br /> met. When Gene discussed these setback requirements with <br /> you, you indicated that this was not your normal practice, <br /> but we suggest it as a variance that may make more sense <br /> than violating the 75 foot setback. <br />