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HomeMy WebLinkAboutWQ0040186_Final Permit_20181120NORTH CARD _INN " COOPER. EftbVnMentalQuaw o MIC EL So BEGAN secrelary L NDA CULPEPPER Interim ArwW November 20, 2018 MICHAEL F. AND KIMBERLY R. TENOEVER 6225 WAKE FOREST ROAD DIIRHAM, NORTH CAROLINA 27703 Subject: Permit No. WQ0040186 Tenoever Winery WWTF Wastewater Irrigation System Durham County Dear Mr. and Mrs. Tenoever: In accordance with your permit application request received July 24, 2018, and subsequent additional information received September 28, 2018 and November 14, 2018, we are forwarding herewith Permit No. WQ0040186 dated November 20, 2018, to Michael F. and Kimberly R. Tenoever for the construction and operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until June 30, 2024, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. 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. FM North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.3654 Mr. Michael F. and Mrs. Kimberly R. Tenoever November 20, 2018 Page 2 of 2 One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Erick Saunders at (919) 707-3659 or erickson. saundersr&. ncdenr.gov. Sincerely, Linda Culpepper, Interim Direct r Division of Water Resources cc: Durham County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Gary S. MacConnell, PE — MacConnell & Associates, P.C. (Electronic Copy) Beth Buffington — Protection and Enforcement Branch (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH 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 Michael F. and Kimberly R. Tenoever Durham County FOR THE construction and operation of a 443 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a 3,000 gallon baffled septic tank with an effluent filter; a 2,500 gallon recirculation tank with dual 1 horsepower (hp), 26 gallon per minute (GPM) recirculation pumps, and a float tree; two 600 GPD E-Z Treat treatment pods operated in series; a 10 GPM ultraviolet (UV) disinfection system with two banks containing two lamps each; a 5,400 gallon field dosing tank with dual 1-hp, 24.8 GPM field dosing pumps, and a float tree; a 55 GPM effluent irrigation flow meter; a control panel with a rain sensor and audio/visual high- water alarms; a 0.6 acre spray irrigation area with eight 3.1 GPM, 39 foot radius full -circle spray heads; and all associated piping, valves, controls, and appurtenances to serve the Tenoever Winery WWTF, with no discharge of wastes to surface waters, pursuant to the application received July 24, 2018, 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 June 30, 2024, and shall be subject to the following specified conditions and limitations: 1 Wro :134111I IN *I 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 proiect 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 proiect has been completed. Mail the Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699- 1617. [15A NCAC 02T .0116(a)] WQ0040186 Version 1.0 Shell Version 180711 Page 1 of 9 2. Upon completion of construction and prior to operation of this permitted facility, a final O&M Plan shall be submitted with the final Engineering Certification. Mail the Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 orNon- Discharge.Reports(&ncdenr.gov. [15A NCAC 02T .0116] 3. Upon completion of construction and prior to operation of this permitted facility, as -built Engineering Plans shall be submitted with the final Engineering Certification. These plans shall include any modifications made to the permitted design as well as a final plumbing plan for Tenoever Winery. Mail the as -built Plans to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or Non-Dischg%e.Reports(a7ncdenr.gov. [15A NCAC 02T .0116] 4. 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. [15A NCAC 02T .0108(b)(2)] 5.1 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. II. PERFORMANCE STANDARDS 1. 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 irrigation facilities. [G.S. 143- 215.1, 143-213.3(a)] 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 .0100] 3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1), 02T .0505(b)] 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] 5. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when effluent application is not appropriate in accordance with Conditions III.4. and III.5. of this permit. [15A NCAC 02T .0108(b)(1)] 6. This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 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. [15A NCAC 02L .0106, 02L .0108] WQ0040186 Version 1.0 Shell Version 180711 Page 2 of 9 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)] 9. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 10. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Durham County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [I 5A NCAC 02L .0107(f)] 11. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02T .0500 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Any habitable residence or place of public assembly owned by the Permittee: 200 iii. Any private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Any well with exception of monitoring wells: 100 viii. Any property line: 150 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Any water line from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Any swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Any building foundation or basement: 15 [15A NCAC 02T .0506(a)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0500 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: ii. Any private or public water supply source: iii. Surface waters: iv. Any well with exception of monitoring wells: v. Any property line: [15A NCAC 02T .0506(b)] 100 100 50 100 50 WQ0040186 Version 1.0 Shell Version 180711 Page 3 of 9 III. OPERATION AND MAINTENANCE REOUIREMENTS 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, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [ 15A NCAC 02T .0507] 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. [15A NCAC 02T .0117] 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. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 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 .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 7. Only domestic wastewater effluent from the Tenoever Winery WWTF shall be irrigated on the sites listed in Attachment B. [G.S. 143-215.1] 8. 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)] 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 12. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] WQ0040186 Version 1.0 Shell Version 180711 Page 4 of 9 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. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Condition IV.5.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [ 15A NCAC 02T .0105(1)] A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0I08(b)(1)] WQ0040186 Version 1.0 Shell Version 180711 Page 5 of 9 A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [ 15A NCAC 02T .0108(b)(1)] 9. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [15A NCAC 02T .0108(c)] 10. 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. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. 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 betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0040186 Version 1.0 Shell Version 180711 Page 6 of 9 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. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 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] 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. 143-21.5.11 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 NCGO10000; 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)] WQ0040186 Version 1.0 Shell Version 180711 Page 7 of 9 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 .0110. [ 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 20th day of November 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ?Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0040186 WQ0040186 Version 1.0 Shell Version 180711 Page 8 of 9 Permit No. WQ0040186 Wastewater Irrigation System Michael F. and Kimberly R. Tenoever November 20, 2018 Tenoever Winery WWTF Durham County ENGINEERING CERTIFICATION ❑ Partial ❑ Final In accordance with 15A NCAC 02T .0116, I,_ , 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: THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES NON -DISCHARGE BRANCH NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1617 MAIL SERVICE CENTER By Courier/Special Delivery: 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604 WQ0040186 Version 1.0 Shell Version 180711 Page 9 of 9 THIS PAGE BLANK 9 i z � Y d w x ,0 M M M M M M M M A 8 0 E 'c F i-r A z = = o w G7 >a � y M � •-. M �.O.I O kn Q r ' O •t; N � z L d m 0 Q o E a Z Z. Z Z a O O O O O O O a i N C3 Q O 0 00 00 0 0 O 0 0 it I 'E� o � bA R R O\ z H xa o a z � O o L Q a d Q £ a Q z 00 eq N_ O O � r+ y 00 v N C y 0 3 cdd d O Q O0 ta 00 ON O o a k; M z � Q O 0-9 d y u o ff�,r+ aoi T L � 3 O x O w � rU O — —,•RF, �x IL ef Q CL �- V le wl It r _ 4471 Or 1y y S q4t NORTH CAROLINA DEED OF EASEMENT DURHAM COUNTY THIS DEED OF EASEMENT made the I' —day of July, 2018, by Michael F. Tenoever and Kimberly Romanesky Tenoever (hereinafter collectively referred to as "Grantor") and Michael F. Tenoever and Kimberly Romanesky Tenoever (hereinafter collectively referred to as "Grantee"); WITNESSETH; WHEREAS, Grantor is the owner of a certain tract of land commonly known as 6217 Wake Forest Road, Durham, NC 27703 (Grantor's Tract)- and WHEREAS, Grantee owns a. certain tract of land known as 6225 Wake Forest Road, Durham, NC 27703 (Grantee's Tract); and WHEREAS, Grantee lives and resides on Grantee's Tract and the treatment system, spray field and access to a proposed septic tank servicing Grantee's tract (hereinafter "septic tank access") crosses over will be partially located on Grantor's Tract, and the service lines for said treatment system and spray field cross Grantor's tract as shown on Exhibit A attached hereto, and Grantor has agreed that Grantee's septic system may do so; NOW, THEREFORE, Grantor, for and in consideration of the sum. of Ten and No/100 Dollars ($10.00), to them in hand paid, the receipt and sufficiency of which is hereby acknowledged, do hereby give, grant, bargain, sell and convey to Grantee a perpetual right and easement to locate the septic tank access and treatment system for the septic field for domestic purposes, to maintain all underground lines for the service of the treatment system from the septic tank access to Grantee's Tract, to construct and possibly later replace if Grantee deems it necessary to do so, and to install and maintain overhead or underground electric wires to the generator, if necessary (and to the additional and/or replacement generator); all to be located in the manner most practical and convenient to Grantor and Grantee. Grantor shall not construct or place any buildings or other improvements within a ten (10) foot radius of the treatment system, spray field, and/or access or any other replacements thereto, or over the service lines connected thereto. Grantor shall in no way be responsible for any installation, maintenance, or repair of any improvements to the easement area serving the lot belonging to Grantee, nor to any liability resulting from said improvements or use of the Easement Area by Grantee. In the event said easement and structures are removed, the Grantee's rights under this easement and to such structures that are removed. shall cease. If said easement and structures are removed, Grantee agree to grade the land to resemble the surrounding area. TO HAVE AND TO HOLD said right and easement shall be fully enforceable as against the parties to this Easement and their successors in ownership to the Grantor's Tract and IN WITNESS WHEREOF, Grantor(s) and Grantee(s) have hereunto set their hand and seal and have adopted as their seal the word "SEAL" appearing beside their signature, all the day and year first above written. [SIGATURE PAGES TO FOLLOW] Micliael-F. Tenoever (SEAL) EAL) C�iJ4 a y Tenoever Kii be v oma s � Tenoever STATE OF NORTH CAOLTN COUNTY OF 7v- 1, G -7 X a Notary Public for said County and State, do hereby certify t4d Michael F. Tenoever and Kimberly Romanesky Tenoever personally appeared before me this day and. acknowledged the due execution of the foregoing instrument. Witness my band and official stamp or seal, this r day of 2018. Notary Public My Commission Expires: 4., RJC B MOTLEY NOTARY PUBLIC Lee Cowity North C4"n a My Commlwion E)Vm Mar. 13.20 Zf Michael F. Tenoever ;T�enoever SEAL) Kiie"-v oni.- sky STATE OF NORTH CAROLIN COUNTY OF 1, a Notary Public for said County and State, do hereby certify that Michael F. Tenoever and Kimberly Romanesky Tenoever personally appeared before me this day and acknowled ",d the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this Zy day of 2018. Notary Pub is My Commission Expires: _Ifl F ERIC B MOTLEY NOTARY PUBLIC Lee County North Carolina My CommMion Expires Mar. 13,20QE14