HomeMy WebLinkAboutWQ0019547_Final Permit_200701294
SEAN AND LYNETTE CROCKER
21 CHINA DOLL COURT
DURHAM, NC 27713
Dear Mr. and Mars. Crocker:
Michael F. Easley, Governor-
William
overnor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 26, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: Permit No. WQ0019547
Sean and Lynette Crocker SFR
Surface Irrigation Facility
Chatham County
In accordance with your application received November 20, 2006, we are forwarding herewith
Permit No. WQ0019547, dated January 26, 2007, to Sean and Lynette Crocker for the continued operation of
the subject single family wastewater treatment and spray irrigation facilities. This permit shall be effective
from the date of issuance until December 31, 2011, shall void Permit No. WQ0019547 issued January 21,
2005, and shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to the monitoring requirements in this permit. The ultraviolet
disinfection unit must be checked every week. Additionally, failure to establish an adequate system for
collecting and maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must 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, 6714 Mail Service Center,
Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. Note:
Upon sale of this property, another change of ownership request shall be submitted in accordance with
Condition V(3).
If you need additional information concerning this matter, please contact Michael Rogers at
(919) 715-6166.
Sincerely,
Alan W. Klimek, P. E.
cc: Chatham County Health Department
Raleigh Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
LAU Files
APS Central Files
NorthCarolina
�CttLllYii`�
Aquifer Protection Seotion 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service
Internet: httpalh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919)715-6048
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SINGLE FAMILY SPRAY IRRIGATION 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
Sean and Lynette Crocker
Chatham County
FOR THE
continued operation of a 600 gallon per day (GPD) surface drip irrigation wastewater treatment and disposal system
consisting of a 1,500 gallon baffled septic tank with effluent filter, dual recirculating 20 square foot Advantex —
AX20 Filters with VeriComm control panels, a 7 GPM ultraviolet disinfection unit (International Water -Guard
model IWG I -LV -WW -3) capable of sterilizing flow rates up to 10 GPM as long as the effluent quality treated by
the unit does not exceed 15 mg/l BOD and 15 mg/l TSS, a 2,500 gallon storage tank, a 2,500 gallon dosing tank, a
20 GPM pump, audio and visual high water alarms, rain sensor, and 16,197 square feet of drip irrigation area with
approximately 5,399 linear feet of drip line containing 2,700 emitters to serve the Sean and Lynette Crocker
residence located at 21 China Doll Court, in Durham, North Carolina, and all associated piping and appurtenances
with no discharge of wastes to the surface waters, pursuant to the application received November 20, 2006, and in
conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2011, shall void Permit No.
WQ0019547 issued January 21, 2005, and shall be subject to the following specified conditions and limitations:
1. PERFORMANCE STANDARDS
The surface irrigation facilities shall be effectively maintained and operated at all times so that there is
no discharge to the surface waters, nor any contamination of ground waters, which will render them
unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the
creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater,
the Permittee shall take immediate corrective actions including those actions that may be required by
the Division of Water Quality (Division), such as the construction of additional or replacement
wastewater treatment and disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or ground waters resulting from the operation of this facility.
3. The media of the Advantex AX20 Filter must comply with Oreneo Systems, Inc. specifications. The
Engineer's Certification will serve as evidence that these specifications have been met.
Page 2
4. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143215.1 and in a manner approved by the Division.
5. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
6. The following buffers shall be maintained:
a. 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b. 150 feet between wetted area and property lines,
c. 100 feet between wetted area and wells,
d. 100 feet between wetted area and drainage ways or surface water bodies,
e. 50 feet between wetted area and public right of ways,
f. 100 feet between treatment/storage units and any wells, and
CF 50 feet between treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications,
which are required by the Division, to improve performance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities that are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any expansion
or modification of the surface irrigation areas and apply in instances in which the sale of property
would cause any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will require a permit
modification.
7. The pump tank(s) shall have functional audible and visual high water alarms that are external to any
structure.
The disposal system shall be connected to a rain or moisture sensor that shall indicate when wastewater
application is not appropriate in, accordance with Condition 11(4).
H. OPERATION AND MAINTENANCE REQUTREMENTS
The facilities shall be properly maintained and operated at all times.
Upon classification of the wastewater treatment and spray irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be backup ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the
facilities in accordance with 15A NCAC 8G ,0204 or as specified in this permit and shall comply with
all other conditions specified in these rules.
A suitable year round vegetative cover shall be maintained (or leaf litter in wooded areas).
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.
Adequate measures shall be taken to prevent wastewater runoff from the spray field.
The application rate shall not exceed a cumulative loading of 2l .85 inches over any twelve (12) month
period at an instantaneous application rate not to exceed 0.42 inches per hour.
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.
Page 3
S. No type of wastewater other than that from the Crocker Residence (21 China Doll Court) shall be
sprayed onto the irrigation area.
9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
10. The irrigation field shall be fenced with at least a two -strand wire fence.
11. Wastewater treatment units open to the atmosphere shall have restricted access and pump control
panels shall be locked.
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.
b. The ultraviolet disinfection unit shall be checked every week. The lamp shall be cleaned and/or
replaced as necessary to ensure proper- disinfection.
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.
d. The system shall be inspected monthly to make certain of the proper operation of the drip line, that
the vegetative growth allows a proper drip pattern, that the soil is assimilating the disposed treated
wastewater with no surface runoff, and that no objectionable odors are being generated.
1.11. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring deemed necessary by the Division to insure surface and ground water protection will
be established and an acceptable sampling reporting schedule shall be followed.
2. The effluent from the subject facilities shall be monitored by the Permittee at a point prior to irrigation
every March, July, and November for the following parameters:
BOD,5 TSS
Fecal Coliform pH
NH3 as N
3. Three (3) copies of all monitoring data (as specified in condition III 2) on Form NDMR shall be
submitted monthly on or before the last day of the following month. All information shall be submitted
to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
4. The Permittee shall maintain records of all maintenance performed on the system and irrigation area, as
required in Condition H(11) for a minimum of five years. This information shall be provided to the
Division upon request.
a. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791-
4200, as soon as possible, 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:
Page 4
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater treatment, such as mechanical or electrical failures of pumps, spray heads,
etc.; or
b. Any failure of a pumping station or treatment facility resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number (800) 858-0368 or (919) 733.3300. Persons reporting such
occurrences by telephone shall also file a written report in letterform within five (5) days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur.
IV. INSPECTIONS
Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit, may inspect
or copy any records that must be maintained under the terms and conditions of this permit, and may
obtain samples of groundwater, surface water, or leachate.
V. GENERAL CONDITIONS
This permit shall become void unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may not be
approved.
4. Upon the availability of a municipal or regional sewerage collection system, the subject wastewater
treatment facilities shall be abandoned and all wastewater discharged into the municipal or regional
sewerage system.
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A
to 143-215.6C.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.
This permit may be revoked if the Permittee fails to abide by the conditions of the "Operation and
Maintenance Agreement" previously signed by the Permittee.
8. A set of approved plans and specifications for the subject project must be retained by the Permittee for
the life of the project.
Page 5
9. The annual administering and compliance fee must be paid by the Permittee within 30 days after being
billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to
revoke this permit as specified by 15A NCAC 2T .0105(e)(2).
10. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities 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.
Permit issued this the 26t' day of January 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. K1inirk, P.E., Directbr 1
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019547
Page 6
OPERATION AND MAINTENANCE AGREEMENT
SINGLE FAMILY RESIDENCE WASTEWATER TREATMENT SYSTEM
DIVISION OF WATER QUALITY
REE IVSD I DENR ! DWQ
I MIRR'f ROTFU10H SECTION
Property Owner(s):_.._J�_,9�4.cn. C rt c Vcr C rrocA<-P- ,r Arms f A ., .,, -
Mailing Address: 21 Gig, kA. of l CC's. hurka.A. d 2--771-3
Facility Address
Disposal Method: ❑ SPRAY IRRIGATION DRIP IRRIGATION (Check One)
County: C. c�.rti Permit No. UJ Q 60 (5 SY4 7
I agree to operate and maintain the wastewater treatment system as follows: ? I.O.C'S
1. 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 effluent filter shall be
checked and cleaned at the same frequency of the septic tank.
b. The sand filter surface shall be raked and leveled every six (6) months and any vegetative growth
shall be removed by hand [Above ground sand filters only].
c. Check one:
❑ The tablet chlorinator shall be checked every week. Tablets shall be added so as to provide
proper chlorination.
❑ The ultraviolet disinfection unit shall be checked every week. The lamp shall be cleaned
and/or replaced to ensure proper disinfection.
d. The storage, pump, and alarm systems shall be inspected monthly. The scum layer shall be
removed at the same time interval as the septic tank is pumped out.
e. The irrigation system shall be inspected monthly to make certain of proper operation, that
vegetative growth does not interfere with the system inspection or operation, that the soil is
assimilating the disposed treated wastewater w th no surface runoff, and that no objectionable
odors are being generated.
2. Failure of the Permittee to properly operate this system is subject to a penalty up to $25,000 per day.
3. Failure to meet the permit conditions or violation of the State's surface or groundwater regulations
will require evacuating the dwelling and may void the permit.
I understand the above requirements and agree to these terms as part of the issued permit.
Owner(s) Signatun
Notary Signature:
Notary Seal:
SFR O&M 09/05
Date: IL; -166
Date: _� [ �iS,D(o
Date;
mmission Expiration:
Page 1 of 2
Chatham Countv Man
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Parcel Number(AKPAR)
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Feature
PARCEL
Tax Year
2007
Township
13
Fire District
11112
OwnerID
1204084
Deed Name
CROCKER LYNETTE
S & SEAN T
Deed Book
894
Deed Page0245
Deed Year)
2001
Plat Book
2001
Plat Page
0180
Legal Descrip
R1-16-11
Land FMV
288497
Improvement FMV
1115671
Deeded Acres
5.58
Physical Address
21 CHINA DOLL CT
PIN Map
0726
PIN Submap
00
PIN Map Block
L14
PIN Parcel
4279
PIN Subparcel
Billing Name
CROCKER LYNETTE
S
Billing Name2
Billing Address
CRDCKER SEAN T
21 CHINA DOLL CT
Billing Name3
Billing Address2
Billing Address3
Billing Address4
Billing City 11
DURHAM
Billing State
NC
L Billing Zip
27713
Watershed
WS -IV PA
==IF
Census Tract
024700
Disclaimer: This map is prepared for the inventory of real property found within this jurisdiction
and is compiled from recorded deeds, plats, and other public records and data. Users of this
Map Scale
1 inch = 147 feet
Grid based on the North
http://www,chathamgls.corn/printPreview.aspx?PrintOptData=Chatham County MapJ0101tr... 1/25/2007
Prepared By & Return To:
Tim Bannister
Tri -County Wastewater Management, Inc.
PO Box 1830
b dian Trail, NTC 28079
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Oct 05, 2005
AT 01:50:27 pm
BOOK 01211
START PAGE 0005
END PAGE 0986
INSTRUMENT # 13527
Bong 1211 PmE 985
ON-SITE SEWAGE TREATMENT CONTRACT AND AGREEMENT
CONTRACT FOR INSPECTION AND MAIN'T'ENANCE
GROUND ABSORPTION SEWAGE TREATMENT AND DISPOSAL SYSTEM
LOT NUMBER 11 , PHASE - 1 , ("THE LOT') HILLS OF ROSEMONT
(1), (WE), as the owners of Lot(s) Number 11 , Phase 1 of the subdivision known as Hills of
Rosemont, have certain duties and responsibilities for the maintenance of any ground absorption sewage
treatment and disposal system as regulated and set out in N.C.G.S_ Article II, Chapter 130A; T15A-C 18-
S 18A.1961 "Maintenance of Sewage Systems"; and under the "Protective Covenants and Restrictions for
Rosemont Subdivision", (the "Declaration") as recorded in the Register of Deeds of Chatham County,
North Carolina, in Book 870, Page 521, and Book 960, Page 775 et seq.
The Rosemont Homeowners Association, Inc. (the "Association") in order to provide for uniform
inspection, maintenance, and repair and operation of sewage treatment and disposal systems within
Rosemont, has entered into a Master Agreement dated the 25th day of February, 2003, which Master
Contract with Tri -County Wastewater Management, Inc., a memorandum of which is recorded in Deed
Book 1142 on Page 232 et seq. in the office of the Register of Deeds for Chatham County, North Carolina
and is incorporated fully by this reference thereto.
The undersigned lot(s) owner(s) hereby agrees and contracts with Tri -County Wastewater Management,
Inc. and with the Associatiou as follows:
The Master Contract referred to above is hereby accepted, agreed, and is binding upon the
undersigned with Tri -County Wastewater Management, Inc. and its successors and assigns. The
undersigned lot owner(s), their successors, and assigned agree to be bound by this Master Contract
and any further or future contracts in substitution thereof,
HOR lot master
3012005 1 of 2
nm 1211 PAL -E 9 8 G.
This agreement is binding upon the undersigned, their heirs, administrators, personal representatives,
successors, and assigns, and the transfer and assignment of the duty and responsibility to contract with a
qualified maintenance contractor (operator) is a covenant running with the land ("The Lot"). This
agreement will terminate: (1) when the Association is dissolved or liquidated; or (2) when the undersigned
has no legal duty to maintain a sewage disposal system on "The Lot".
'
Witness our hands and legal seals, this day ofp
�i
(SEAL)
Lny&-5. CAvc,kv�
Owner Printed Name
�— �- (SEAL)
Signature
Owners Printed Dame
SEAL -STAMP NORTH CAROLINA, D L m, COUNTY
1, a Notary Public for the County and State aforesaid, certify L� rt R_ 5,_ � _Supl —F 0-0 C. !
personally appeared before me this day and acknowledged the execution of the foregoing instrument,
Witness my hand and official stamp or seal, this �Po3 day of N �
Jilv6lo,
My commission expires: )-Vy L a�, D5
Notary Pub is
• STEVEN BRYAN RIGGSBEE
Q
NOTARY PUBLIC
ALAMANCE COUNTY, N. C.
My CoMMbsion D#res
HOR lot master
3rz 005 2 of 2
Prepared By & Return To:
Tim Bannister
Tri -County Wastewater Management, Inc.
PO Box 1830
Indian Trail, NC 28079
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
BOOK 114 2 PAGE 232
FILED
CHATHAM COUNTY
REBA G. THOMAS
REGISTER OF DEEDS
FILED Nov 16, 2004
AT 04:24:22 pm
BOOK 01142
START PAGE 0232
END PAGE 0240
INSTRUMENT # 14678
AMENDMENT TO THE
MASTER CONTRACT FOR INSPECTION AND MAINTENANCE OF SEWAGE SYSTEMS
FOR ROSEMONT SUBDIVISION, DATED FEBRUARY 25, 2003,
AND RECORDED FEBRUARY 2-6 2003, 1N BOOK 998, AT PAGE 749,
IN THE OFFICE OF THE CHATHAM COUNTY REGISTER OF DEEDS
MASTER CONTRACT FOR INSPECTION AND MAINTENANCE OF SEWAGE SYSTEMS FOR
ROSEMONT SUBDIVISION
This Master Contract is entered into by and between Tri -County Wastewater Management, Inc., a North Carolina
Corporation of Union County, North Carolina (hereinafter "Tri -County's and Rosemont Homeowners Association, Inc., a
North Carolina non-profit corporation of Chatham County, North Carolina (the "Association"), acting for and on behalf of it's
members 'The Owner(s)").
Preamble
The Association was formed by the developer of Rosemont, which is a residential sub -division with other amenities (the
"Subdivision"). The Protective Covenants and Restrictions for the Subdivision are recorded in the Register of Deeds of
Chatham County, North Carolina in Boole 870 on Page 521 and Book 960, Page 775 et seq.
The Association has the power to assess the membership of the Association for upkeep, maintenance, repair, and other
activities for the good of the Association membership as well as to provide for common area maintenance, all of which
responsibilffies and duties are fully set forth in detail in the Protective Covenants and Restrictions For Rosemont Subdivision.
The Association desires to provide for the inspection and maintenance of various sewage systems installed and to be
maintained upon the individual lots owned by its membership. The obligation for maintenance, inspection, and repair of
these systems is mandated by state and local laws, codes, and regulations. In order to fulfill the obligations of the individual
owners of lots within Rosemont and to ensure fulfillment of all statutory and regulatory requirements in a uniform manner,
the Association acting by and through it's duty authorized officers and directors, desires to enter into this Master Contract
with Tri -County, which is a qualified maintenance contractor, to inspect and to perform maintenance in order that the
residential on-site waste systems of the Subdivision shall comply in all respects with applicable laws, codes, and regulations
in a uniform and in identifiable means and methods.
BOOK 1 142p4GE 233
TRI -COUNTY - ROSEMONT
PAGE 2 OF 6 PAGES
Effective the date of this Master Contract, all individual lot owners now and hereafter will enter into a contract with Tri -
County, it's successors and assigns whereby the individual lot owners do;
1. Specifically adopt the terms of this Master Contract to provide for a qualified maintenance contractor to inspect and
perform maintenance in order that their on-site waste systems in the Subdivision comply in all respects with
applicable laws, codes, and regulations.
The Association shall have no liabilities nor responsibilities with respect to the duties of Tri -County or of the individual lot
owners but acts solely as the Association of the membership by providing this Master Contract for the benefit of it's
membership and to assess and to collect fees, expenses, and costs necessary forthe inspection, maintenance, and repair
anticipated to be performed by Tri -County under its contracts with the individual lot owners who are members of the
Association by reason of the Protective Covenants and Restrictions For Rosemont Subdivision set forth above. More
specifically, the Association shall not be liable to Tri -County in the event an individual lot Owner shall fail or refuse to pay Tri -
County's applicable fee, etc., for said individual lot.
THE MASTER CONTRACT
Conditions of the Contract
A. Tri -County, in consideration of the payment by the individual lot Owner as set out in the schedule of services and
charges in Attachment Al and A2, incorporated herein, agrees:
1) To provide the services set out in Attachment Al according to the minimum schedule of
inspections/services required by regulations for the lots or parcels set out in Attachment S.
2) To report results of the inspections to the local health department or other regulatory agency having
jurisdiction as required by applicable laws or regulations.
3) If inspections indicate the need for system repairs:
a) to notify the local health department within 48 hours.
b) to give notice to the "Association and the lot owners of needed repairs,
and, if the necessary repairs are outside the scope of the routine
maintenance described in Attachment A, then The Owner may request
Tri -County to provide an estimate. Tri -County may perform the necessary
repairs at Tri -County's then prevailing charges for services and materials.
4) If Tri -County's services are terminated, Tri -County will notify the local health department within 48 hours,
and notify any other regulatory agency requiring notice as required.
Booz 1142PQ6E 2 3 4
TRI -COUNTY - ROSEMONT
PAGE 3 OF 6 PAGES
B. The Association, in consideration of the services performed for its property owners, agrees:
C.
1) To the schedule of charges as set out in Attachment A2 on behalf of its membership. The Association does
not guarantee the payment of these charges by the individual lot Owners. The individual lot Owners are
billed directly by Tri -County for the services and their charges set out in Attachment Al and A2.
1) Within 30 days of receipt of notice of repairs under A (3) above, the Owner(s) must request Tri -County to
complete any needed repairs or provide proof to the Association that repairs have been performed by a
licensed or qualified entity and the system is functioning properly and was inspected by Tri -County at the
time of repair.
2) To notify Tri -County promptly of any emergency or malfunction known to it which may violate
environmental, health, or other laws and regulations, and to authorize immediate repair as necessary to
restore the system to proper function and operation.
3) To use reasonable efforts to provide and to maintain at all times, such access to the systems as is
reasonably necessary for Tri -County to comply with its obligations under this Agreement, and as provided
for in the Declaration.
Terms of the AcIreement
1) This Agreement shall be effective for eight years from February 25, 2003, and will be automatically
renewed from year-to-year thereafter, unless written notice of termination and non -renewal is given to the
other party not less than 60 days prior to the end of the then current annual contract year. Each contract
year shall end on February 25t of said year.
2) The real property to be serviced under this Contract is listed on Attachment B.
3) This Agreement automatically terminates if the Operation Permit for the system is revoked and all appeals
of the revocation are exhausted or time for making an appeal has passed.
4) The parties may terminate at the end of the then current term by consent of each party or by not less than
60 days written notice to the other party prior to the end of the then current annual contract year and not
less than 30 days written notice to the local health department or other regulatory agency having
jurisdiction.
5) This Agreement may be terminated for cause for breach which remains unremedied after 15 days written
notice to the defaulting party.
91
BOOK .114 2 PAGE 2 3
TRI -COUNTY - ROSEMONT
PAGE 4 OF 6 PAGES
Limited Warranty
TRI -COUNTY'S SOLE DUTIES AND RESPONSIBILITIES UNDER THIS AGREEMENT 1S TO PROVIDE
INSPECTION AND ROUTINE MAINTENANCE ONLY AS SPECIFIED IN THIS AGREEMENT. INSPECTIONS
WILL COMPLY WITH APPLICABLE CODES, LAWS, AND REGULATIONS IN FORCE AT THE TIME OF THE
INSPECTION AND REPORT. WORK AND MATERIALS USED IN REPAIRS ARE WARRANTED ONLY TO BE
OF GOOD WORKMANSHIP, FREE OF DEFECTS, AND CONFORM TO THE SYSTEMS SPECIFICATIONS AND
EQUAL TO THE ORIGINAL PARTS AND EQUIPMENT. THE OWNER'S SOLE REMEDY UNDER THIS EXPRESS
WARRANTY IS REPAIR OR REPLACEMENT AND CONSEQUENTIAL DAMAGE OR DAMAGES FOR DELAY
ARE LIMITED TO TOTAL SUMS PAID TRI -COUNTY UNDER THIS AGREEMENT FOR THE PARTICULAR LOT
OR PARCEL FOR THE THEN CURRENT YEAR. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE EXPRESSLY AND
SPECIFICALLY EXCLUDED_ REPAIRS, REPLACEMENTS, ADDITIONS AND CHANGES BY OTHERS TO THE
SYSTEMS COVERED BY THIS AGREEMENT WITHOUT PRIOR NOTICE TO TRI -COUNTY OR ACCEPTANCE
OF THE WORK BY TRI -COUNTY DURING THE TERM OF THIS AGREEMENT VOIDS ANY WARRANTY
GRANTED HEREIN AS TO TRI -COUNTY.
E. Miscellaneous
1) Transfer of rights, responsibilities, and duties under this Agreement by any party shall be valid only on
written notice and consent signed by all parties, which consent shall not be unreasonably or arbitrarily
withheld.
2) Tri -County may perform its duties and responsibilities by subcontract but Tri -County will remain directly
liable and responsible to the Association and the Owners under the terms of this Agreement.
3) Waiver of default or a breach of the Agreement by any party shall not operate nor be construed as a waiver
of further or subsequent defaults or breach of this Agreement. Failure to take action in any default or
breach does not bear action on such default at any time: subsequentto such breach or default.
4) This Agreement constitutes the entire agreement of the parties, incorporating, and superseding all prior
representations and negotiations and may not be changed or amended except in writing signed by the
Association and Tri -County. The Agreement shall be interpreted under North Carolina law. Any part of the
Agreement declared void, illegal, or unenforceable will not affect other provisions of the Agreement.
BOOK 114 2 PAGE 236
TRi-COUNTY - ROSEMONT
PAGE 5 OF 6 PAGES
5) Notices are deemed delivered if delivered in person; by certified or registered mail; by courier; or delivery
service, if properly receipted, charges and postage prepaid, as follows:
Rosemont Homeowners Association, Inc.
6208 Fayetteville Rd., Suite 1 D4
Durham, NC 27713
Tri -County Wastewater Management, Inc.
P. O. Box 1830
Indian Trail, NC 28078
Chatham County Environmental Health Department
P.O. Bax 130
Pittsboro, NC 27312
A party may change its address my giving notice in the manner provided above.
BOOK 1 1.4 2 PAGE 237
TRI -COUNTY - ROSEMONT
PAGE 6 OF 6 PAGES
Each party has executed this Agreement with full power, authority, and legal right to enter into; to bind itself to
the rights, duties and responsibilities under this Agreement, which is binding on the parties, their successors
and assigns, heirs and personal representatives, on the date first above written.
Rosem
Title:
Tri -County Wastewater Management, Inc.
By: - -
Title:
NORTH CAROLINA, CHATHAM COUNTY
I, a Notary Public for the County an Sta ark 'c�,_certify that I personally appeared before
me this day and acknowledged th a is Rosemont Homeowners Association, Inc., a North
Carolina non-profit corporation, and haft he, as President, being authorized to do so, executed the foregoing
instrument on behalf of the corporation.
Witness my hand and official stamp or seal, this day of
, 200 . Lf
w
My commission expires:�� /.51-�°j
Notary W6W
L
BK11
az-
�. :U
'Uf3LV�'
NORTH CAROLINA, CHATHAM COUNTYG
I, a Notary Public for the County and State aforesaid, certify that Tim Bannister personally', re me
this day and acknowledged that he is President of Tri -County Wastewater Management, inc., a h Carolina
corporation, and that he, as President, being authorized to do so, executed the foregoing instrument on behalf
of the corporation.
Witness my hand and official stamp or seal, this Y� -day
My commission expires: - D /
BOOK 114 2 PAGE 238
EXHIBIT Al
TRI -COUNTY WASTEWATER
FOR
HILLS OF ROSEMONT
CUSTOMIZED SEPTIC SYSTEM
MONITORING & INSPECTION PLAN
LEVEL OF SERVICE: TIER 11 FULL SERVICE
PERFORMANCE DUTIES:
• Inspections and services that meet or exceed state requirements.
• Frequency of inspections performed according to state regulatory agencies.
• Inspection report copies are sent to the Health Department and homeowner.
• A "master" maintenance agreement will be provided for each phase to the Heritage Pointe
Homeowners Association and recorded with the Register of Deeds of Chatham County.
• A monthly inspection summary is provided to the Homeowners Association.
• All non-compliant systems will be reported to the Homeowners Association.
• 24-hour service availability provided.
• Parts and labor costs included for minor repairs. "Minor repairs" is defined as a repair or part
needed that the total cost (parts and labor) does not exceed $25.00. These repairs are to be
due from nominal wear and tear to the system. If a larger repair is needed, a $25.00 credit is
issued against the cost of the repair. Repairs caused by abuse or repeated neglect to the
system can not be included under this benefit.
• The addition of a bacterial product into the individual septic tank as needed to maintain the
proper level of bacteria.
• The individual septic tanks will be inspected and pumping will be recommended as needed.
BooK 11. 4 2 PAGE 2 3 9
EXHIBIT A2
HILLS OF ROSEMONT
INSPECTION COSTS
DRIP IRRIGATION WASTE DISPOSAL SYSTEMS
ADVANTEX / GEOFLOW
VISIT
FREQUENCY
SUB -SURFACE MAINTENANCE SCHEDULE:
INSPECTIONS PER HOME 121 YEAR -1st yr.
4 / YEAR -2nd.....
LASS PER HOME 4 / YEAR -1st yr.
1 /YEAR -2nd.....
SURFACE MAINTENANCE SCHEDULE:
INSPECTIONS PER HOME 4/ YEAR -1 st yr.
3/ YEAR -2nd....
LABS PER HOME 11 YEAR
$ PER HOMEOWNER
VISIT $ TOTAL /YR.
$ 150.00
$
1,800.00
$ 150.00
$
600.00
$ 190.00
$
190.00
$ 190.00
$
190.00
$ 150.00 $ 600.00
$ 150.00 $ 450.00
$ 190.00 $ 190.00
* NOTE: ORENCO TO PICK UP ALL ADDITIONAL COSTS RELATED TO "CONTROLLED
DEMONSTRATION" PROGRAM SUCH AS ADDITIONAL LASS.
** NOTE: RATES ARE BASED ON AMORTIZING TRAVEL COSTS OVER LONG TERM
OF PROJECT. MINIMUM OF TWO YEARS AFTER BUILD -OUT.
rev. oct.2002
BaoK It 42PAGE 2 4 0
EXHi6[T B
SUBJECT PROPERTY
HILLS OF ROSEMONT
Phase f
Phase It
Phase III
1
19
42
2
20
43
3
21
44
4
22
45
5
23
46
6
24
47
7
25
48
8
26
49
9
27
50
10
28
51
11
29
52
12
30
53
13
31
54
14
32
55
15
33
56
16
34
57
17
35
58
18
36
59
37
60
38
61
39
62
40
63
41
64
65
Chatham County, North Carolina
RESA G. THOMAS Register of Deeds
The foregoing certificate(s) of
PEGGY L KIGHT
notary/notaries public
is/are certified to beS&:tc
ct.
.
Assistant - egister of Deeds