WQ0007690_Final Permit_20160218

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
February 18, 2016
PAUL A. SZULEWSKI & KAREN M. REED-SZULEWSKI
1970 MARTHA'S CHAPEL ROAD
APEx, NORTH CAROLINA 27523
Dear Mr. Szulewski and Mrs. Reed-Szulewski:
Subject: Permit No. WQ0007690
1970 Martha's Chapel Rd. SFR
Single -Family Residence
Wastewater Irrigation System
Chatham County
In accordance with your permit change of ownership request received July 8, 2015, and subsequent
additional information received August 25, 2015, we are forwarding herewith Permit No. WQ0007690
dated February 18, 2016, to Paul A. Szulewski and Karen M. Reed-Szulewski for the continued operation
of the subject single-family residence wastewater treatment and irrigation facilities.
Please note the Permittee has been changed from Donald W. Tingen to Paul A. Szulewski and
Karen M. Reed-Szulewski.
This permit shall be effective from the date of issuance until December 31, 2018, shall void Permit
No. WQ0007690 issued January 27, 2014 and shall be subject to the conditions and limitations as specified
therein. An extension shall be requested at least six months prior to the expiration of this permit.
Upon receipt of the request, the Commission will review the adequacy of the facility described therein and,
if warranted, will extend the permit for such period of time and under such conditions and limitations as it
may deem appropriate.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
State of North Carolina I Environmental Quality j Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Centex j Raleigh, North Carolina 27699-1617
919 807 6464

Mr. Paul A. Szulewski and Mrs. Karen M. Reed-Szulewski
February 18, 2016
Page 2 of 2
If you need additional information concerning this permit, please contact Alice M. Wessner at (919)
807-6425 or alice.wessner@�cdenr.gov.
Sincerely,
. S. Jay Zimmerman, P.G., Director
Division of Water Resources
cc: Chatham County Health Department, Anne Lowry, REHS, Environmental Health Director,
[e-mail] (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Paul A. Szulewski and Karen M. Reed-Szulewski
Chatham County
FOR THE
continued operation of a 360 gallon per day (GPD) single-family residence wastewater treatment and
irrigation facility consisting of:
a 1,000 gallon septic tank; a 324 square foot (ft) subsurface sand filter; a tablet chlorinator; a 2,000 gallon
storage/pump tank with two 15.5 gallon per minute (GPM) pumps and high water alarms; a 0.25 acre spray
irrigation area; and all associated piping, valves, controls and appurtenances
to serve the single-family residence at 1970 Martha's Chapel Rd., Apex, NC 27523, with no discharge of
wastes to surface waters, pursuant to the application received July 8, 2015, and subsequent additional
information received by the Division of Water Resources, and in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environmental Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2018, shall void Permit No.
WQ0007690 issued January 27, 2014, .and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period,of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application,
[15A NCAC 02T .0105, 02T .0109. 02T .0115(c)]
2. If a public or community sewage system is or becomes available, the subject single-family residence
wastewater treatment and irrigation facilities shall be closed and all wastewater shall be discharged into
the public or community sewage system within 180 days of its availability. Prior to the initiation of
these connection activities, appropriate Division approval shall be received. [15A NCAC 02T .0607]
WQ007690 Version 4.1 Shell Version 151201 Page 1 of 6

H. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there is
no discharge to surface waters, nor any contravention of groundwater or surface water standards. In
the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due
to improper operation and maintenance, or failure of the irrigation. areas to adequately assimilate the
effluent, the Permittee shall take immediate corrective actions including Division required actions, such
as the construction of additional or replacement wastewater treatment or disposal facilities. [15A
NCAC 02T .0108(b)(1)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [ 15A NCAC 02B .0200, 02L .01.00]
3. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in the
following table:
TABLE I — APPLICATION LIMITATIONS
Field
Parameter
Hourly Rate
Yearly Max
Units
1
01284 — Non -Discharge Application Rate
0.12
19.01
inches
[15A NCAC 02T .06050)]
4. The subject facility has been approved to land apply wastewater effluent on the following fields:
TABLE 2 — IRRIGATION AREA INFORMATION
Field
Owner
County
Latitude
Longitude
Net
DominantAcrea
a
Soil Series
Paul A. Szulewski and
1
Karen M. Reed-Szulewski
Chatham
35.7937970
-78.976354°
0.25
CrC
[G.S. 143-215.11
5. The Operation. and Maintenance Agreement (attached) between the Permittee and the Division of Water
Resources is incorporated herein by reference and shall be a condition of this permit. Noncompliance
with the terms of the Operation and Maintenance Agreement shall subject the Permittee to all sanctions
provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure
to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115 (2)]
6. The compliance boundary is established at the property boundary. Any exceedance of standards at the
compliance boundary shall require action in accordance with 15A NCAC 02L.0106. [ 15A NCAC 02L
.0107(i)]
7. The review boundary is established midway between the compliance boundary and the effluent disposal
area. Any exceedance of groundwater standards at the review boundary shall require action in
accordance with 15A NCAC 02L.0106. [ 15A NCAC 02L .0108]
8. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)]
WQ007690 Version 4.1 Shell Version 151201 Page 2 of 6

9. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 400
ii. Any private or public water supply source: 100
iii. Surface waters: 100
iv. Any well with exception of monitoring wells: 100
v. Any property line: 150
vi. Public right of way: 50
1 Per a setback waiver recorded in the Chatham County Register of Deeds, setbacks from the
wetted area to any habitable residence or place of assembly under separate ownership has been
reduced for the following:
[I 5A NCAC 02H .0219(k)]
b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any private or public water supply source: 100
ii. Swimming pools: 50
iii. Any well with exception of monitoring wells: 100
iv. Any property line: 50
[15A NCAC 02H .0219(k)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting
from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan
pursuant to 15A NCAC 02T ,0604(f). [15A NCAC 02T .0604(f)]
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules. [ 15A NCAC 02T .0117]
A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A
NCAC 02T .0108(b)(1)]
4. Adequate measures shall betaken to prevent effluent ponding in or runoff from the irrigation sites listed
in Condition II.4. [15A NCAC 02T .0605(0)]
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff. [15A NCAC 02T .0605(o)]
WQ007690 Version. 4.1 Shell Version 151201 Page 3 of 6
PIN
AKPAR
Deed Book / Page
Setback
Easement
0704-74-2073
88905
1570/0689
0 feet
400 feet
[I 5A NCAC 02H .0219(k)]
b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any private or public water supply source: 100
ii. Swimming pools: 50
iii. Any well with exception of monitoring wells: 100
iv. Any property line: 50
[15A NCAC 02H .0219(k)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting
from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan
pursuant to 15A NCAC 02T ,0604(f). [15A NCAC 02T .0604(f)]
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules. [ 15A NCAC 02T .0117]
A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A
NCAC 02T .0108(b)(1)]
4. Adequate measures shall betaken to prevent effluent ponding in or runoff from the irrigation sites listed
in Condition II.4. [15A NCAC 02T .0605(0)]
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff. [15A NCAC 02T .0605(o)]
WQ007690 Version. 4.1 Shell Version 151201 Page 3 of 6

6. Only effluent from the single-family residence at 1970 Martha's Chapel Rd., Apex, NC 27523 shall be
irrigated on the sites listed in Condition II.4. [G. S. 143-215.1 ]
7. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)]
8. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. Fencing
shall be provided to prevent access to the irrigation site (minimum 2 -strand wire) and treatment units
shall be secured with locks on all tank accesses and control panels. [15A NCAC 02T .0605(i)]
9. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. [I5A NCAC 02T .I 1001.
10. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited. [15ANCAC 02T .0605(f)]
11. Pump/dosing tanks shall have audible and visual alarms external to any structure. [15A NCAC 02T
.0605(n)]
12. The Permittee is responsible for the operation and maintenance of the entire treatment and disposal
system including, but not limited to, the following items:
a. The septic tank shall be checked annually and pumped out as needed. The septic tank effluent filter
shall be checked and cleaned at the same frequency as the septic tank. [ 15A NCAC 18A .1900,
02T .0605]
b. The tablet chlorinator shall be checked weekly. Wastewater grade chlorine tablets (calcium
hypochlorite) shall be added as needed to provide proper chlorination. Pool chlorine tablets shall
not be used. [15A NCAC 02T .0605(l)]
c. The storage, pump, and alarm systems shall be inspected monthly. The scum layer shall be removed
at the same interval as the septic tank is cleaned out. [ISA NCAC 02T .0108(b)(1)]
d. The system shall be inspected monthly to make certain of the proper operation of the spray heads,
that the system is free of leaks, that the vegetative growth allows a proper spray pattern, that the
soil is assimilating the disposed treated wastewater with no surface runoff, and that no objectionable
odors are being generated. [ 15A NCAC 02T .0108(b)(1)]
WQ007690 Version 4.1 Shell Version 151201 Page 4 of 6

IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses)
necessary to ensure groundwater and surface water protection shall be established, and an acceptable
sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh. Regional Office, telephone number (919) 791-
4200, as soon asost� sible, but in no case more than 24 hours, or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
b. Any facility failure resulting in a by-pass directly to receiving surface waters.
c. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1)]
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)]
2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall
maintain an inspection log that includes, at a minimum, the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this
inspection log for a period of five years from the date of the inspection, and this log shall be made
available to the Division upon request. [15A NCAC 02T .0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this permit,
and may collect groundwater, surface water or leachate samples. [G.S. 143-215.3(x)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the
conditions of this permit, the Division approved plans and specifications, and other supporting
documentation. [15A NCAC 02T .0110]
WQ007690 Version 4.1 Shell Version 1.51201 Page 5 of 6

3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n).
[G. S. 14.-215,11
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in
15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC. Chapter 4 and
under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B
.0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the
General Statutes. [15A NCAC 02T .0105(c)(6)]
In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC
02T.0104]
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0108(b)(1)]
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T
.01050)]
8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T.0 110. [ 15A NCAC 02T .0110]
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A
NCAC 02T.0120]
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [ 15A NCAC 02T
.0105(e)(3)]
Permit issued this the 18' day of February 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�. Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0007690
WQ007690 Version 4.1 Shell Version 151201 Page 6 of 6

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 02T.0600 - SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEMS
OPERATION AND MAINTENANCE AGREEMENT
Division of Water ..Resources FORM: SFRWWIS O&M 08-13
Permit No. o9
d
County:
-
Property owner(s) as appearing on the recorded deed:f :UU ' "Z U LE V3 51�_ L � KW rZ'ET_-_t
Mailing address: a r'-t�xa. � &• e �)c [,�,4. C,
G
Facility address:tl `
Irrigation Method: 9 SPRAY ❑ DRIP
I / We agree to operate and maintain the single-family residence wastewater treatment and irrigation system as follows:
1. The Permittee is responsible for the operation and maintenance of the entire wastewater.treatment and 'irrigation
system including, but not limited to, the following items:
a. The septic tank shall be checked annually and pumped out as needed.
b. The septic tank effluent filter shall be checked and cleaned annually.
c. Accessible sand filter surfaces shall be raked and leveled every six months and any vegetative growth shall be
removed manually.
d. ®'The tablet chlorinator shall be checked weekly. Wastewater grade tablets (calcium hypochlorite) shall be
added as needed to provide proper chlorination (pool chlorine tablets shall not be used), OR
❑ The ultraviolet disinfection unit shall be checked weekly. The lamp(s) and quartz sleeve(s) shall be
cleaned or replaced as needed to ensure proper disinfection.
e. All pump and alarm systems shall be inspected monthly.
f. The irrigation system shall be inspected monthly to ensure that the system is free of leaks, that all irrigation
equipment is operating as designed, that vegetative growth does not interfere with the system inspection or
operation, that the soil is assimilating the disposed treated wastewater with no visible runoff or ponding, and
that no objectionable odors are being generated.
2. Failure to pay the annual fee shall be cause for the Division to revoke the permit pursuant to 15A _NCAC 02T
.0105(e)(3).
3. The Permittee's failure to properly operate this system is subject to a penalty up to $25,000 per day.
4. Failure to meet the permit conditions or violation of the State's surface water or groundwater regulations may void
the permit.
All owners al2pearinon the legally recorded property deed shall siLyn this Operation & Maintenance Agreement
I 1 We understand the above requirements
Owner Signature:
Owner Signature:
agree to these terms as part of the issued permit.
Date:
Date: d,
FORM: SFRWWIS O&M 08-13 Page 1 of

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1570
0689
FILED
CHATHAM COUNTY NC
TREVA S. SEAGROVES
R GST R OF DE D8
FILED Jun 17, 2011
AT 04:08:47 Pal
BOOK 01570
START PAGE 0689
END PAGE 0696
INSTRUMENT # 05576
EXCISE TAX (None)
BOOK 157 O PAGE O E 8 9
Prepared By: Michael S. Yopp, Attorney at Law, P.A.
MAIL After Recording To:
DTH ENDEAVOR, LLC
2092 Martha's Chapel Road
Apcx, North Carolina 27523
EASEMENT AGREEMENT AND ACKNOWLEDGMENT AND WAIVER OF BUFFER
This Easement Agreement and Acknowledgement and Waiver of Huffer (this "Agreement"]
is made by and between Judith L. Morgan and husband, Bunkey Morgan f/k/a Raymond L, Morgan,
Jr., of Chatham County, North Carolina, hereinafter referred to as "Morgan", and DTH ENEAVOR,
LLC, a North Carolina limited liability company, hereinafter referred to as "DTH", as of the last date
set forth in a notary acknowledgment below
x
WHEREAS, Morgan is the owner of the real property described as Tract "A" of the Raymond L.
Morgan, Jr. Property, containing 13.642 acres, according to Plat Slide 87, Page 293, Chatham
County Registry, less and except that tract or parcel of real property described as Lot C, containing
2.397 acres as shown on Plat Slide 2011-88, Chatham County Registry, ("Morgan Property"). DTH
is the owner of the real property described as BEING all of Lot C, containing 2.397 Acres, as shown
on survey entitled "Survey For D.T.H. ENDEAVOR, LLC, New Hope Township Chatham County,
N.C. Owner: Judith L. Morgan" dated lune 16, 2011, prepared by Van R. Finch — Land Surveys,
P.A. and recorded in Plat Slide 2011-88, Chatham County Registry as described in the Deed from
Judith L. Morgan and husband, Bunkey Morgan, f/k/a Raymond L. Morgan, Jr. to DTH
ENDEAVOR, LLC recorded in the Chatham County Registry ("DTH Property").; and
WHEREAS, The survey entitled "Survey For D.T.H. ENDEAVOR, LLC, New Hope Township

157'0
0690
BOOK 1571 OPAGE0690
Chatham County, N.C. Owner: Judith L. Morgan" dated June 16, 2011, prepared by Van R. Finch --
Land Surveys, P.A. and recorded in Plat Slide 2011-88, Chatham County Registry (the "Survey")
sets forth a 17395 square foot area designated as "Septic Easement for lot C" (the "Easement
Property") located on the Morgan Property; and
WHEREAS, Morgan desires to grant to DTH and DTH desires to receive an easement over,
under and across the Morgan Property limited to and only to the extent of the Easement Property as
shown and depicted on said Survey; and
WHEREAS, DTH desires to grant to Morgan, an acknowledgment and waiver ofthe existence of
buffer and setbacks which exist by virtue of the location of the Easement Property and the septic
system and field benefitting and serving the DTH Property in relation to the DTH Property.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following
grants, agreements, covenants and restrictions are made, and the parties hereto agree as follows:
AGREEMENT
1. grant of Easctttent. Morgan does by these presents bargain, sell, give, grant and convey to
DTH, its successors, transferees and assigns, a perpetual, non-exclusive casement (the "Easement')
in, to, through, and over the Easement Property only for the following purpose: (i) to operate, use,
maintain and repair the presently existing septic system benefitting and serving the DTH Property
and the septic field (which field is located in the Easement Property) and (ii) for ingress, egress and
regress necessary and incidental only to and for the operation, use, maintenance and repair of the
presently existing septic system benefitting and serving the DTH Property and the septic field and to
exercise DTH's rights under this Agreement. DTH accepts the condition ofthe Easement Property in
its "AS IS" condition. By entering into this Agreement, DTH waives and releases Morgan from any
liability, obligation, damage, or claim of whatsoever nature relating to the condition ofthe Easement
Property or the Morgan Property, whether apparent or hidden, and the location of the Easement
Property in reference to the DTH Property. DTH waives any right to require Morgan to maintain the
Easement Property or the Morgan Property in a safe condition. The Easement granted hereunder
shall not exceed the Easement Property as shown on the Survey. The Easement and the grant of
easement applies and extends only to the Easement Property and does not extend to any other portion
of the Morgan Property. DTH shall access the Basement Property only by and through the DTH
Property. For purposes of this Agreement, the term "septic system" shall also include and have the
same meaning as the existing non -discharge wastewater system, and shall include the septic field
associated with the septic system.
2. Limitation on iDTHN .Use 9f the Easement rronerty. DTH shall not construct or place
any structure, building, or other surface improvements, whether temporary or permanent, or plant or
locate any trees or shrubs on the Easement Property. Any such improvement, trees, or shrubs now or
hereafter located on the Easement Property may be removed only with Morgan's prior written
consent_ In the event the presently existing septic system benefitting and serving the DTH Property
requires repair other than minor repairs, replacement, relocation, expansion, supplementation or

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BOOR 157 O PAGE U f 91
excavation, then if any repairs other than minor repairs, and any replacement, relocation or
expansion, or any new or expanded septic system, are necessary or required for whatever reason, the
repair, replacement, relocation, expansion or any new or supplementation shall be conducted and
undertaken on the DTH Property and not within the Easement Property, and DTH shall repair, create
and maintain a new septic field and septic system on the DTH Property. DTH shall not take any
action which would unreasonably or materially impair lateral or subjacent support. The Easement
shall terminate at such time as the presently existing septic system serving the DTH Property ceases
to serve the DTH Property or the existing septic system serving the DTH Property is replaced or
relocated as required hereunder.
3. 11M, aintoanee. At all times, DTH shall upkeep and maintain the Easement Property in a
safe and attractive condition and in compliance with all applicable governmental requirements.
Without limiting the generality of the preceding, all maintenance by DTH shall meet or exceed
all applicable requirements and specifications of all governmental agencies having jurisdiction
over the Easement Property. DTH shall mow and/or bushhog the Easement Property and
maintain the landscaping on the Easement Property, including, but not limited to, seeding and
providing and maintaining ground cover to maintain the Easement Property in a clean and sightly
condition and to prevent or control erosion on the Easement Property. No maintenance of the
Easement Property shall cause any abnormal erosion or water runoff' within the Easement
Property or onto the Morgan Property. The maintenance of the Easement Property, or lack of
maintenance, shall not interfere with the improvements and landscaping on the Morgan Property,
All costs of maintenance and similar activities required by this paragraph 3 and otherwise
pursuant to this Agreement shall be borne solely by DTH.
4. Rgst2ry#9n 2f Easement tr9perty. Upon completion of any activities in the course ofthe
maintenance of the Easement Property or otherwise of DTH which disturb the surface of the
Easement Property as permitted by this Agreement, DTH shall promptly restore the Easement
Property to the condition it was in immediately prior to such disturbance or as otherwise required by
this Agreement, except as otherwise provided in this Agreement.
5, Conduct of DTH. At all times, all actions of DTH on or about the Easement Property or in
connection with the Easement Property, and all activities of DTH contemplated by this Agreement,
shall be taken in full and strict compliance with all governmental requirements. DTII shall at all
times be responsible for the quantity of all waste discharged within the septic field located in the
Easement Property and thereby discharged into the Easement Property from the DTH Property
through the septic system. DTH shall be responsible for compliance with all applicable federal,
state, and local requirements for the construction, operation, use and maintenance of the septic
system and for all discharges from the DTH Property into the Easement Property,
6. WaEmatles of Thle. Morgan warrants to DTH that Morgan has good and indefeasible fee
simple title to the Easement granted herein, subject to easements and rights of way of record.
7. Indemnity. DTH shall indemnify, defend, and hold harmless Morgan from and against any
and all losses, claims, actions, damages, liabilities, penalties, times, or expenses, of whatsoever
nature, including, without limitation, reasonable attorney's fees and costs on account ofinechanics'

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BOOK 157 0 PAGE 0 E J 2
lien claims, injury to persons, the death of any person, or damages to property ("Claims") arising
from the use of the Easement Property or adjoining areas, or from the discharge of waste into the
Easement Property by and through DTH's septic system and the septic filed, or from any activities
contemplated by this Agreement, in each case undertaken by DTH or any other person claiming by,
through, or under DTH, except to the extent any such Claim results from the wrongful acts or
omissions or the negligence, gross negligence or willful and wanton acts of Morgan. The indemnity
set forth in this paragraph shall be effective without regard to compliance or non-compliance with
this Agreement by DTH or Morgan.
8. Mechanics' Liens, DTH shall, at all times, keep the Easement Property and the Morgan
Property free from mechanics' or materialmens' lien claims or similar liens arising on account of any
act or on behalf of DTH. Prior to commencing or contracting for any work to be performed on or
about the Morgan Property or the Easement Property, DTII shall provide written notice to all
contractors, subcontractors, and material suppliers with respect to such work that any mechanic's
lien claim on account ofthe provision of such work or materials shall attach only to DTH's interest in
the Easement Property under this Agreement and shall not, in any event, attach to any interest of
Morgan in the Easement Property or the Morgan Property. Prior to commencing any work on or
about the Easement Property, Developers shall conspicuously post, and maintain posted during the
entire course of such work, a notice containing the information in the preceding sentence. In the
event any mechanics' lien is filed or recorded with respect to the Easement Property or the Morgan
Property on account of any activity of DTH or any use of the Easement Property or the Morgan
Property by or on behalf of DTH, DTH shall, within 30 days of notice by Morgan (or, if earlier,
within 30 days of a complaint being filed to enforce such mechanics' lien or within 30 days of the
filing of a mechanics' lien or notice thereof, whichever time period shall be earlier), cause such
mechanics' lien to be removed and released from the Morgan Property by discharging such lien or
posting a bond with the clerk or court as permitted by statute.
9. Reserved Rights of Margan, Morgan reserves the rights to use the Easement Property and
to grant further easement interests in the Easement Property to others so long as such interest and
uses do not materially or unreasonably interfere with the use of the Easement Property by DTH in
accordance with this Agreement. Provided, however, such reservation of rights in Morgan shall not
alter or affect DTH's obligation to upkeep and maintain the Easement Property as set forth herein.
10. Increment. The benefits and burdens of this Agreement shall inure to the benefitof and be
binding upon the parties and their respective heirs, executors, personal representatives, legal
representatives, successors, transferees and assigns. The rights and obligations, and the benefits and
burdens, set forth in this Agreement are intended to, and shall, run with the land.
11. Conditions of Use. The right of DTH to continue to use the Easement Property asset forth
in this Agreement is expressly conditioned on the continued existence and functional operation of
presently existing septic system benefitting and serving the DTH Property and its existence and
operation not causing or contributing to any material harm, or to otherwise materially damage the
Morgan Property. If at any time Morgan, or its successors or assigns, reasonably determines that the
septic system benefitting and serving the DTH Property has materially damaged or is materially
damaging the Morgan Property, Morgan and its successors or assigns may demand, and DTH shall

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BOOS 157 0 PAG€ 0 6 9 3
take, such measures as may be required to correct the condition causing such damage. The
provisions of this paragraph 11, shall be specifically enforceable by Morgan without the necessity of
demonstrating an adequate remedy at law exists and damage to Morgan's real property shall be
presumed to be irreparable harm. In connection with any such action, Morgan shall not be required
to post a surety bond,
12. DTH's Acknowledgment and Waiver. DTH acknowledges that the location of the
Easement and the Easement Property, including any portion of the septic system and septic field
serving the improvements on the DTH Property located within the Easement Property or otherwise,
is situated within the setback(s) or buffer area that may promulgated or prescribed by the State of
North Carolina, or any other law, ordinance or regulation of any governmental agency having
jurisdiction over the Morgan Property or the DTH Property and with respect to the septic system, and
may violate or fail to comply with applicable setback or buffer requirements. DTH consents to any
violation or non-compliance with any applicable setback or buffer requirements prescribed by a
governmental authority applicable to non -discharge wastewater systems, and waives any claims
against Morgan as a result of such condition and thereof. DTH hereby, and as a condition of the
grant of r4sement, expressly and unconditionally forever waives, relinquishes and releases any claim
which against Morgan that DTH has or may have by reason of the location ofthe Easement and the
Easement Property, including any portion of said septic system and septic field, relating to, arising
from or concerning any setback or buffer requirements for a non -discharge wastewater system
otherwise required by applicable law, regulation or permit, including, but not limited to, any setback
requirements of the State of North Carolina Department of Environment and Natural Resources
Division of Water Quality. DTH has waived, and/or acknowledges a waiver of, any setback
requirements as set forth in an Agreement to Waive Setbacks as Required by 15A NCAC 02T
,0506(a), .0506(b), .0606(a), .0706(x) and .1006(a), for Non -Discharge Wastewater System Waiver,
State of North Carolina Department of Environment and Natural resources Division of Water
Quality.
13. HazjEdogs Matodall. For purposes of this Agreement, (i) "Hazardous Materials" means
materials that may cause or pose a present or potential threat to human health or the environment
because of their quantity, concentration or physical, chemical or infectious characteristics, including,
without limitation, flammable, explosive or radioactive materials, petroleum products, asbestos and
any hazardous, toxic or dangerous waste, substance or material identified as hazardous by the
Environmental Protection Agency or defined as such in (or for purposes of) any Environmental
Laws; (ii) "Environmental Caws" means any current or future governmental law, regulation, ruling or
order relating to the protection of human health or the environment; and (iii) "on the premises"
includes in, on, at, under, from or in any way affecting the Easement Property, DTH represents,
warrants, covenants and agrees that: (1) DTH has inspected the Easement Property and to DTH's best
knowledge, no Hazardous Materials have been used or placed on the premises in violation of any
applicable Environmental laws; (2) DTH shall not cause or permit (i) the installation, storage,
treatment, manufacture, or use of Hazardous Materials on the Easement Property in violation of
Environmental Laws, or (ii) the disposal, discharge or release of Hazardous Materials on the
Easement Property; (3) DTH shall (i) cause the DTH's use of the Easement Property to comply at all
times with applicable Environmental Caws, (ii) keep the Easement Property free and clear of any
liens imposed pursuant to any Environmental Laws which relate to or arise from DTH's use of the

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BOOK 15 i 0 PACE 0 E J 4
Easement Property, and (iii) obtain, maintain, and at all times comply with all licenses, permits and
other governmental or regulatory actions necessary for the Easement Property to comply with
applicable Environmental Laws; (4) DTH shall (i) give Morgan prompt written and oral notice if
DTH receives any notice with regard to Hazardous Materials on the premises and (ii) provide to
Morgan, and has an ongoing obligation to provide to Morgan, copies of all information in its
possession, under its control, or available to it concerning the environmental condition of the
premises and property adjacent to the premises -,(5) DTH shall notify Morgan ofany material change
in DTH's activities or operations on the DTH Property and the Easement Property and permit
Morgan and Morgan's agents to go on the DTH Property and the Easement to conduct such
investigations, tests, and inspections as Morgan deems appropriate to ensure DTH's continued
compliance with the requirements of this section and with all applicable Environmental Laws. DTH
agrees to indemnify Morgan and hold Morgan harmless from and against all costs, expenses, losses,
liabilities, damages, injuries and claims of any kind or nature arising out of, with respect to, or as a
direct or indirect result of. (i) the presence on the premises or the escape, spillage, discharge or
release on or from the premises of any Hazardous Materials caused by DTH, (ii) the violation of any
Environmental Laws applicable to the Easement Property or the Morgan Property caused by DTH,
(iii) the failure by DTH to comply fully with the terms and provisions of this paragraph, or (iv) any
representation made by DTH under this paragraph being false or untrue in any material respect. This
indemnity and hold harmless provision extends, without limitation, to (i) any diminution in the value
of the Easement Property or the Morgan Property, (ii) damages for the loss or restriction on use of
the Easement Property or the Morgan Property or any portion thereof, (iii) damages arising from
adverse impact on the marketing of the Easement Property or the Morgan Property or any portion
thereof, (iv) damages to natural resources, personal injuries, and sums paid in settlement of claims,
court costs, attorneys' fees, and fees for consultants or experts, and/or (v) costs incurred in
connection with the investigation of site conditions, sampling and testing, and any remedial,
removal, or other cleanup work required by any governmental agency or entity because of the
presence of Hazardous Materials on the Easement Property or the Morgan Property caused by the
actions or omissions of DTH. The obligations and liabilities of DTH under this paragraph shall
survive any termination of the Easement or this Agreement.
14. Cooperation. Each party hereto agrees to cooperate with the other and to timely execute and
deliver such other and additional documents and instruments that may be necessary to effectuate the
intent of this Agreement.
15. Attorse s' Fees. In the event of any litigation, arbitration, or other proceeding brought to
enforce or interpret this Agreement, the prevailing party shall receive an award of its reasonable
attorneys' fees and costs.
16. Paragranh„Readings. Paragraph headings are included for reference purposes only and do
not constitute part of this Agreement,
17. Governing L§w. This Agreement shall be governed and construed under the laws of the
State of North Carolina without regard to conflicts of law provisions.
18. Severability. Whenever possible, each provision of this Agreement will be interpreted in

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BOOK 15 710 PAGE 0 6 95
such a manner as to be effective and valid under applicable law, but if any provision of this
Agreement is held to be prohibited by or invalid under applicable law, such provision will be
ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of
this Agreement and the remainder of this Agreement shall remain in full force and effect.
19. Notices. All notices, demands, or other communications to any party under this Agreement
shall be in writing (including facsimile transmission); shall be sent only by facsimile (with
confirmation of transmission and with confirmation by United States Mail), by certified mail, return
receipt with proof of mailing (regardless of evidence of receipt), by nationally recognized courier
service, or by personal delivery; and shall be given to the parties: (a) if to Morgan to: Judith L.
Morgan, 1970 Martha's Chapel Road, Apex, North Carolina 27523 and (b) if to DTH to its address
listed as the mailing address or registered agent's address on the records of the North Carolina
Secretary of State. All such notices, demands, requests, or other communications shall be deemed
received on the date of receipt by the recipient if received prior to 5:00 p.m. in the place of receipt
and such day is a business day in the place of receipt. Otherwise, any such notice, demand, request,
or other communication shall be deemed not to have been received until the next succeeding
business day in the place of receipt in the case of facsimile transmission and until the expiration of
five (5) business days in the place of receipt in the case of mail. Addresses for notice may be
changed from lime to time by notice to the other party.
20. Waiver. Waiver by either party of any one default will not be deemed to be a waiver of
any other default under this Agreement. No delay or omission by a party in exercising any right,
option, power or remedy shall impair any such right, option, power or remedy or operate as a waiver
thereof. Any remedy or election under this Agreement will not be deemed exclusive, but, instead,
whenever legally permissible, will be cumulative with all other remedies at law or in equity.
21. Construction. The rule of strict construction does not apply to this Agreement. This
Agreement shall be given a reasonable construction so that the intention of the parties can be carried
out. All recitals are material terms of this Agreement.
22. Exhibits. Recording and Copies, The parties acknowledge and agree that any Exhibits
attached to this Agreement form and constitute an integral part of this Agreement and by this
reference are incorporated herein as if set forth in full verbatim. This Agreement shall be effective
when recorded in the Office of the Register of Deeds of Chatham County, North Carolina. A
photocopy, facsimile, or other electronic reproduction of this Agreement shall be as sufficient as an
original hereof for all intents and purposes, except for recording.
TO HAVE AND TO HOLD all and singular the rights, privileges, easements, acknowledgments and
waivers as aforesaid in, along, and through said casements to the respective grantee.

0696, BaaK 5 r 0 PAGd {i
IN WITNESS WHEREOF, each of the undersigned has hereunto set his or her hand and seat or
caused this Agreement to be signed and sealed in its name by a person or persons duly authorized, all
as of the date set forth in the respective notary acknowledgment below.
(SEAL)
DIT ORO
•-- (SEAL)
BUNKEY'>4MIAN Mia 16aymond L. Morgan, Jr.
STATE OF NORTH CAROLINA, COUNTY OF WAKE
I, the undersigned, a Notary Public in and for said County and State, do hereby certify that Judith
L. Morgan and Bunkey Morgan f/k/a Raymond L. Morgan, Jr., personalty appeared before me
this day, each acknowledging to me that slhe voluntarily signed the foregoing document for the
purposes stated therein and in the capacity indicated. Witness my hand and notarial seal/stamp
this the 17'h day of June, 2011.
(Affix Seal/St
Notary PublicLL BRIAN C. SET uFF
Notary Public Name Printed- G'' 7G l ffi-WAKE COUNTY, NC
My Commission Expires: NOTARY PUBLIC
DTH ENDS VOR, LLC, a North Carolina limited liability company
BY:
(SEAL)
DO ALD J. T S, Member/Manageil
And
BY:
�i (SEAL)
HEIDI ember/Manager
STATE OF NORTH CAROLINA, COUNTY OF WAKE
1, the undersigned, a Notary Public in and for said County and State, do hereby certify that
Donald J. Watkins and Heidi Watkins, both Members and both Managers of DTH ENDEAVOR,
LLC, a North Carolina limited liability company, personally appeared before me this day, each
acknowledging to me that s/he voluntarily signed the foregoing document for the purposes stated
therein and in the capacity indicated. Witness my hand and notarial seal/stamp this the 17'h day
of June, 2011.
T (Affix Seal/Stamp)
Notary Public ilA
Notary Public Name Printed: BRIAN C. SETZIFF
My Commission Expires: WAKE COUNTY, NC
NOTARY PUBLIC