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HomeMy WebLinkAboutWQ0029025_Final Permit_20140724fi4CA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 24, 2014 Sunil Kamerkar 210 Joseph Pond Lane Cary, NC 27519 Dear Mr. Kamerkar: John E. Skvarla, III Secretary Subject: Permit No. WQ0029025 Sunil Kamerkar SFR Single -Family Residence Wastewater Lrrigation System Chatham County . In accordance with your permit change of ownership request received June 13, 2014, we are forwarding herewith Permit No. WQ0029025 dated July 22, 2014, to Sunil Kamerkar for the construction and operation of the subject single-family residence wastewater treatment and irrigation facilities. Please note the Permittee has been changed from Barbara Farrell to Sunil Kamerkar. This permit shall be effective from the date of issuance until June 30, 2019, shall void Permit No_ WQ0029025 issued December 30, 2005, 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. Please pay particular attention to the following items: Operation and maintenance requirements listed in Section III may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Condition VI.6 requires you to retain a set of Division approved plans and specifications for the life of the facilities permitted herein. The deceleration of easement required for this wastewater treatment and disposal system is attached. 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 I50B 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. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 91 M07-6464 1 Internet htta://portal.ncdenr.omlwebMg An Equal Op.- a unity 1 Affirmative Wion Employer — Made n part with recycled paper Mr. Kamerkar July 24, 2014 Page 2 of 2 If you need additional information concerning this matter, please contact staff at (919) 807-6464. Sincerely, Thomas A. Reeder, Director Division of Water Resources cc: Chatham County Health Department Raleigh Regional Office, Water Quality Regional Operations Section Permit File WQ0029025 Notebook File WQ0029025 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Sunil Kamerkar Chatham County FOR THE construction and operation of a 360 gallon per day (GPD) single-family residence wastewater treatment and irrigation facility consisting of 1,200 gallon septic tank, 336 f 2 buried, single -pass sand filter, a 3,000 gallon storage/dosing tank with audible and visual high water alarms, a tablet chlorinator with a chlorine contact tank providing at least 30 minutes detention time, a drip irrigation system with 2 zones with a total of 5,405 linear feet of drip line with 1,802 emitters covering an effective disposal area of 16,216 ft?, and all associated piping and appurtenances to serve the Sunil Kamerkar residence (586 McGhee Road in Chapel Hill, NC), with recorded declaration of easement through lots 19603 and 73958 to connect the treatment system to the dripfield located at 460 McGhee Road in Chapel Hill, NC, with no discharge of wastes to surface waters, pursuant to the application received June 13, 2014, and in conformity with the project plans, 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 June 30, 2019, shall void Permit No. WQ0029025 issued December 30, 2005, and shall be subject to the following specified conditions and limitations: I. SCHEDULES In accordance with 15A NCAC 02T .0116, upon completion of construction and prior to operation of this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified, the Permittee shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. The Raleigh Regional Office, telephone number (919) 791-4200, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in - place inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays_ WQ0029025 Version 2.0 Shell Version 1406I3 Page 1 of 7 3. 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. 4. In accordance with 15A NCAC 02T .0607, 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. II. 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. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. 3. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in the following table: TABLE 1— APPLICATION LIMITATIONS Field Parameter Hourly Rate Yearly Max Units 1 01284 Non Discharge Application Rate 0.25 13 inches 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 Acreage Dominant Soil Series I Sunil Karnerkar Chatham 35.49.08 79.00.41 0.37 Creedmoor Total 0.37 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. 6. In accordance with 15A NCAC 02L .0107(i), 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. 7. in accordance with 15A NCAC 02L .0108, 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. WQ0029025 Version 2.0 Shell Version 140613 Page 2 of 7 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. 9. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02T .0600 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 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: 50 vi. Public right of way: 50 b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0600 shall be as follows (all distances in feet): i. Any private or public water supply source: 100 ii. Any well with exception of monitoring wells: 100 iii. Any property line: 50 M. 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). 2. 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. 3. 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. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff frorn the irrigation sites listed in Table 2 of Condition 11.4. 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 6. Only effluent from Sunil Kamerkar residence (586 McGhee Road in Chapel Hill) with dripfield located at 460 McGhee Road in Chapel Hill, NC shall be irrigated on the sites fisted in Table 2 of Condition 11.4_ 7. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. 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. WQ0029025 Version 2.0 Shell Version 140613 Page 3 of 9_ The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .I 100. 10. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. I I. Pump/dosing tanks shall have audible and visual alarms external to any structure. 12. Any excavation into bedrock shall be lined with a 10 millimeter (mm) synthetic liner. 13. A water -tight seal on all treatment/storage units or minimum of two feet protection from the 100-year flood plain elevation shall be provided. 14. 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. 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. 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 lines, that the system is free of leaks, 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. IV. MONITORING AND REPORTING REQUIREMENTS I. 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. 2. 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: 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 (800) 662-7956, (800) 858-0368, or (919) 733-3300. 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 be taken to ensure the problem does not recur. WQ0029025 Version 2.0 SheIl Version 140613 Page 4 of 7 V. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. 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. 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. 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. 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. 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 .0105W. 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 the Division's 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. 5. 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_ 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 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 pursuant to 15A NCAC 02T .01050). WQ0029025 Version 2.0 Shell Version 1406I3 Page 5 of 7 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whale or part for the requirements listed in 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 A 120(b). 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 pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 24`h day of July 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION as eeder, Director ivision of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0029025 WQ0029025 Version 2.0 Shell Version 140613 Page 6 of 7 Permit No. WQ0029025 Sunil Kamerkar Sunil Kamerkar SFR ENGINEERING CERTIFICATION ❑ Partial ❑ Final Single Family Wastewater irrigation July 22, 2014 Chatham County In accordance with 15A NCAC 02T .0116, 1 as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division approved plans and specifications, and other supporting documentation. ❑ Any variation to this permit, the Division approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide a brief narrative description of any variations: Professional Engineer's Name Engineering Firm Mailing Address City State Zip A E-mail NC PE Seal, Signature & Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ,ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMMING UNIT By U.S. Postal Service: 1636 MAIL SERVICE CENTER By Courier/Special Delivery: 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604 WQ0029025 Version 2.0 Shell Version 140613 Page 7 of 7 This Page Blank Attachments: Operation and Maintenance Agreement Declaration of Easements State of North Carolina Department of Environment and Natural Resources Division of Water Resources DWR 15A NCAC 02T A500 — SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEMS OPERATION AND MAINTENANCE AGREEMENT Dlvlslon of Water Resources FORM: SFRWWIS O&M 08-13 Permit No. W Q 00 Z 9 0 Z 5 County: Property owner(s) as appearing on the recorded deed: J u� V,11 E� � q er k�OL r Mailing address: Facility address: I ek .59 3 m_�Gh k Irrigation Method: ❑ SPRAY [( DRIP ckqAL-,m Cyr G a751 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 appearing on the legally recorded property deed shall sign this Operation & Maintenance Agreement I / We understand the above rm requirements and agree to these terms as part of the issued permit. reQJ Owner Signature: c�3`f`,'" t< f., 1 � Date: Owner Signature: Date: FORM: SFRWWIS O&M 08-13 Page 1 of 1 1236 0907 Chatham Count}' O1-314006 NORTH CAROLiNA R-1 DWI 1:.4ist'Caa _ $30.00 BOOK 12 to G PAGE 907 FILED CHATHAM COUNTY REBA G. THOMAS REGISTER OF DEEDS FILED Jan 31, 2006 AT 02:53:06 pm BOOK 01236 START PAGE 0907 END PAGE 0912 INSTRUMENT # 01398 Prepared By & Retum to: Paul S. Messick, Jr., Attomey at Law, Pittsboro, North Carolina Revenue: $30.00 STATE OF NORTH CAROLINA DECLARATION OF EASEMENT COUNTY OF CHATHAM KNOW ALL MEN BY THESE PRESENTS, that GEORGE R_ FARRELL, JR. and RADHlKA KAMERKAR, hereinafter called "Developer' and BARBARA M. FARRELL, hereinafter called "Declarant", the owner of all those certain tracts or parcels of land located in Williams Township, Chatham County, North Carolina, more particularly described on Exhibit A attached hereto, reference to which is hereby made for a more particular description of the Chatham County Registry," and whereas, certain portions of the tracts or parcels of land may be intended as dwelling sites and the Developer hereof desires and intends that the owners and/or mortgagees thereof, and all persons acquiring any interest therein now or hereafter shall at all times enjoy the benefit of and shall hold their individual parcels subject to the rights, casements, uses and privileges hereinafter set forth. NOW, THEREFORE, the said Developer and Declarant do hereby declare that the following rights, easements, covenants, burdens, uses and privileges shall and do exist at all times hereafter among the owners and/or mortgagees of all or any portion of the aforesaid tracts in a manner and to the extent herein set forth and that these declarations contained herein shall be binding upon and inure to the benefit of the said tracts or parcels of land referred to herein or any portions thereof. I. Property The real property which is, and shall be, held transferred, sold and conveyed subject to the covenants set forth in this Declaration is located in Williams Township, Chatham County, North Carolina, and more particularly described on Exhibit A attached hereto, reference to which is hereby made for a more particular description together with any property now owned or hereafter acquired by the Developer added hereto and described in properly recorded Amendments to this Declaration signed by the Developer, all of which shall be collectively described as the "Property". 1236 0908 BOOK 123C muE J0.8 2. Easerneuts. Easements are hereby declared and created for purposes of the installation, use, repair, maintenance and replacement of a private septic system together with necessary access and utilities over and across the premises more particularly described on Exhibit B attached hereto and incorporated herein by reference and collectively denominated herein as "Septic System Easement Premises". 3. Septic System. a. Developer has caused (or will hereafter cause) sewage systems to be constructed and installed upon the Property and the Septic System Easement Premises . Upon completion of said systems, Developer shall own any and all pipes, fixtures, wells, pumps and other equipment comprising the sewer systems. The sewer system owned by shall be operated and maintained by Declarant. b. Any owner of a lot or portion of the property shall reimburse Developer a pro-rata share of the capital costs incurred to construct the Septic System prior to connection to such system. C. All Septic System Costs (as hereinafter defined) shall be bome by the owners of the Property who connect to the Septic System. Each owner's share of Septic System Costs shall be determined by multiplying such figure by a fraction, the numerator of which is the standard usage rate in gallons for the residence as determined by the NC Department of Environmental and Natural Resources, and the denominator of which is the total usage rate in gallons for all dwellings within the Property. Developer shall he entitled to collect from each owner such owner's pro rata share of the cost of maintenance, required testing and reporting. d. Each owner of a lot or a portion of the property shall each reimburse Developer for their respective pro rata share of all costs and expenses incurred by Developer in connection with the management, use, operation, maintenance, repair and/or replacement of the Septic System (the "Septic System Costs"). In addition, the owners shall each contribute annually to the "Septic System Capital Budget," which shall be used to pay for expenses associated with maintenance, repair andlor replacement of the Septic System which do not occur on an annual basis. C. Unless otherwise agreed to in writing by Developer an owner's obligation for the payment of its share of Septic System Costs and to the Septic System Capital Budget shall commence on the date such owner connects his dwelling to the septic system. Thereafter, unless 1236 0909 BOOK 12 U pa 909 otherwise agreed to in writing by Developer, each owner shall pay his respective share of such Septic System Costs incurred from and after such date in monthly installments in advance of the first (1st) day of each calendar month and its respective share of such Septic System Capital Budget items incurred from and after such date in annual installments in advance of the first (1 st) day of each year based upon the good faith estimates of such Septic System Costs made by Developer. f Developer shall annually prepare a Septic System Capital Budget which shall take into account the number and nature of replaceable assets in the Septic System, the expected life of each asset, and the expected repair or replacement cost. Declarant shall set the required capital contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the Septic System, as shown on the Septic System Capital Budget, with respect to both amount and timing by annual assessments over the period of the budget. The capital contribution required shall be fixed by Developer and included within the budget and assessment. A copy of the Septic System Capital Budget shall be distributed to each Owner. 4. Fffart of NnnnayMent of Caste: The share of Septic System Costs and the Septic System Capital Budget items, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such cost assessment is made. Any share of Septic System Costs and the Septic System Capital Budget items not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve (12) percent per annum. The Developer may bring as action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the costs provided for herein by abandonment of his Lot. 5. S"butdinatinn of the Lien to Mortgages- The lien of the cost assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the cost assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer except that such an extinguished lien may be reallocated and assessed to all of the lots as a common expense. No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof. 1236 0910 BOOK 12 U PUE 910 6. L[se. The aforesaid easements shall be used in common by the present and future owners, occupants and mortgagees of, and all persons now or hereafter acquiring any interest in the aforesaid tracts of land referred to herein or any portions thereof abutting said easement premises or having access thereto. All easements herein described are easements appurtenant running with the land; they shall at all times inure to the benefit of and be binding upon the undersigned, all their grantees and their respective heirs, successors, personal representatives, and assigns perpetually in full force and effect. The rights and responsibilities of the Developer set forth herein may be assigned and transferred to an association of owners of lots subject hereto or to a qualified operator of such private septic systems without the consent of Declarant or the owners. 7. Reference. Reference in the respective deeds of conveyance, or any mortgage or deed of trust or other evidence of obligation to the easements and covenants herein described shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees or trustees of said parcels as fully and completely as though the easements and covenants were fully recited and set forth in their entirety in such documents. 8. Declarant reserves the right to connect not more than two three -bedroom dwellings to the Septic System from Lot 4 referred to herein. IN WITNESS WHEREOF, the undersigned Declarant and Developer have hereunto set their hands and seals, as of the day of hv 2006. (SEAL) (�✓J �� (SEAL) ORGE R. FARRELL, 1 RADHIKA KAMERKAR EAL) BARBARA M. FARRELL STATE OF NORTH CAROLINA COUNTY OF CHATHAM I, a Notary Public of i( County and State aforesaid, certify that GEORGE R. FARRELL, JR., RADHIKA KAMERKAR, and BARBARA M. FARRELL personally appeared before me this day and acknowledged the execution of the foregoing instrument. � bi Witness my hand and official stamp or seal, this 2) day of , 2006. My Commission Expires: 0 ` ) Notary Public 1236 0911 BOOK 12 3' G PME S 11 1. All of Lot 2, containing 1.31 acres, more or less, according to the plat entitled "Recombination for Barbara M. FarrelI" prepared by William O. Yates, NCPLS, dated February 23, 2001 and recorded in Plat Slide 2001-238, Chatham County Registry, reference to which is hereby made for a more particular description. 2. All of Lot 3, containing 0.67 acres, more or less, according to the plat entitled "Recombination for Barbara M. Farrell" prepared by William O. Yates, NCPLS, dated February 23, 2001 and recorded in Plat Slide 2001-238, Chatham County Registry, reference to which is hereby made for a more particular description. 3. All of Lot 4, containing 8.67 acres, more or less, according to the plat entitled "Recombination for Barbara M. Farrell" prepared by William O. Yates, NCPLS, dated February 23, 2001 and recorded in flat Slide 2001-238, Chatham County Registry, reference to which is hereby made for a more particular description. 4. ALL that certain tract or parcel of land conveyed to Barbara M. Farrell by deed recorded in Book 353, Page 124, Chatham County Registry. 1236 0912 4 EIT B X. -70 /Ij I �_ � Yg'm �x A Q � -70 1 � Fa'i. icy r i i V 70 ` W � C� O 0 This map is not a certified survey and o has not been reviewed by a local CA)z government agency for compliance O_ with any applicable land development regulations, q a � � " n Q� M O r z O J_-�(7 oN i•Y+s r aa[a[sP nArowr Grvll6L �lu[aF - i,-lC'r� �v �onOAriA Iq na[e6laen I W'M xwo.o�i,�',tisa,a xoJ aLs+� `��'' !!� Aaxnna wmranLi vxnouv� ynx 9L'S8 �r5-rL'igvT I B'/8 GC -'h•L L4o8 Sas -Cc S ar Lara lac-Ys-stir w s.r-yr Yvv� rn N e•- .! 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Fia • 23, ioa l %CALi 5uRvLY� mY,'f4ILL/AM O•YATES N.C-R L-5 ;W L- IMAT /OZS YAI_ .S TTORE ROAD Apr_X, Nc. 21SOL F'N. 9/4-36Y-6Orq ne Lw,e p SCALE IN FEET PL+ 1IR'.1 p•Ih Bret aw low �1 tti v.rw5.l d nr ryq.+r Wwn w a.el.0 tiow wu1 q.; ule p4tnTt 4 rb, an ee yepr.Yyo APWVpn W Or4..0 p..rry a yrq-btu. MCGHEE Rb CHATHAM COUNTY, NC 4�t�M aDu ry McGhee Road Area f em a The data provided on Chic map are prepared for 7x inventory of real properly'cund wd+mCham alhCounty. NC and art compiled tram re—cied plo% deeds. and olt , pWbc rd6 and data. This data i, for inferma>tonal pUrposes only and should nil bU suhstihrlctl for a true tine search, property appraisal, survey, or [or zoning vedfi-liion. T W(app �) qp Ne I ;elk ti)f- Parcel Number 19607 Map Number: 9795-82-0446,000 Owner Name: KAMERKAR SUNIL ETUX RADHIKA Owner Address: 210 JOSEPH POND LN Owner City: CARY Owner State: NG Owner Zip: 27519 Tax Year: 2014 Description: P2-16 Wop lj�-n aoo'".1WOr RE) ide--ial Lot Deed Book: 1601 Deed Page: 1207 Plat Book:: 2001 Plat Page: 0238 Deed Acres: 0.67 Physical Address: 586 MCGHEE RE) N Improvement Value: 0 Land Value: 54275 Fire District: 107 One Inch = 400 Feet Township Code: 13