5105_FlowersTP_Restrictions_19980101

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9•146 BOOK 139 0 phu 4 J .1
�swr-
State of North Carolina
Department of Environment, �E ag Resources
Division of SwM�IDn
P.O. Box 27687 • Raleigh, North Carolina Z7611.7687
Jamcs G. Martin, GOVcrnor
William W. Cobey, Jr., secrctary
LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION
William L Meyer
Dircctor
l and operator(s) of any
nd
aring and
Pursuant i L15Aan Nl under
a .tBw.o 52 3acreslin size shalnd l submit this notification form t Lthe Division prior
Inert Debris Landfill and
ister Of
toes' Office.
The operating sterthe off Deeds shall recor the notification underis form must be filed for ethe name of the own 0ris) of
Deeds' Office.
the land in the county or
counti must be inc udad on this as in which the land is located.
when Register's submitted to the Di is on •This
and page number o recording
notification is not valid to�B authorize operation of a landf0 unless complete, accurate. and recorded as
required by 15A NCA
lt� %V%
1.
Facility Name: o%-.% g o �Z �..,\
2.
Facility location (street address): _ zip.Coul
in:
3.
The land on which this landfill is located is described in the deed r rded
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county:
deed book: page:
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Name of land owner.
land owner. �`"
5.
Mailing address of Z1�Z J
�� Zip:
5tat e:
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Telephone number of land ownell
attach additional sheets with the name, address,
if the land is owned by more than one person,
'
and phone number of all additio al land owners.
E 7,
Name of operator.
$.
Trade or business name of operator.
g,
Mailing address of operator:
Z1 to
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1
Zip.
City. �\ .� State:
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10.
Telephone number of operator.
attach additional sheets with the name,
If the landfill is operated by more than one person,
address, and phone number of all additional operators.
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Projected use of land after completion of landfill operations: -
ov�C�

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The foilowing are the applicability, siting, and operaling criteria for Land Clearing and Inert Debris
Landfills operating under notification.
.06413 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LC1D1 LANDFILLS
Management of land clearing end Inert debris shall be in accordance with the State hierarchy tot managing solid waste an provided for under
N.C.G.S. L 1 3OA-909.04(at. Disposal In a landfill is considered to be the lout deavable method of managing land clsanng and Inert debris. Where
larn6lllling is necessary, the requirements of this Rule apply,
III An Individual permit from the Division at SoAd Waste Management Is not required for Land Ctesting and Inert Debris (LCiDI landfills, that
meat all of the following carmdlWns:
(a] The facility Is to be operated for the disposal of land claming waste, inert debris, untreat■d wood, and ysfd trash. Operations
must be consistent and in compliance with the local government valid waste management plan as approved by the Division
of Solid Waste Management,
Ibl The fatal disposal area Is under two acme In size.
Icl The facility and practices comply with the siting cMena tender Rude .0684, and operational requirements under Rule ,0688.
Idl The fill activity is not exempt from. and must comply with all other Fedeul. State, or Local taws, ordinances, Aules,
regufatlone, or orders, including but not limited to zoning restrictions. flood plain restrictions. wetland restrictions,
sedimentation and erosion control requirements, and mining regulations.
(21 When an individual permit is not required. the following applies:
tai The owner of the land where the landfill is loc sled must notify the Divisiorr on a prescribed form, duly signed, notarized, and
mcordad as per Rule .066312Iibl. The operator of the Imuilill, if dliferonl from the lend owner, shag aisc sign the notification
form,
Ib1 The owner must file the proscribed natlficatlon farm for recordation in the Register of Deed&' 01f'ree. The Register of Dead$
shelf Indart the notification In the grantor Index under the name of the Owner of the land In the -:aunty or countlee in which
the land Is located. A copy of the mcotded notification, dflxed with the Registe/s anal and the c at&, book and page number
Of recording shall be sent to the Division of Saud Wants ItlanagemanL
Icl When the led on which the Land Clearing snit Inert Dabns L4ndfi9 Is said, Issaed, conveyed, an transferred In any, manner,
the dead or other instrument of transfer shall contain in the description section In no *mount type then that used in the body
of the deed of instrument a statement that the property has been used as a Land Clearing *rid [met Debris Landfill and a
reference by book and page to the recordation of the notification.
.06" SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS (L001 LANOFtLLs
The loltowirig siting anima shag apply far Lsnd t5asrirp and Inert Debris UtG1 landfills.
ill Facilities or practices, shall not be located in the IMyser floodptain.
(21 Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife.
(3) Facilities or Practices shod notrwultMthedestructionOrWwrsemadBcatlonat2hecnticalhabitatofandemieredorthreatenedspecies
. as identified in 60 CFR part 17 which Is hooray inrcerporsted by mftrenca including arty subsequent amerdmante snd aditlore. This
maternal is wadable for Inspection at the Department of Eavirerrient. Health. and Natural Rssotseee. Division of Saud Waste
Managemant, 401 Obsriin Read, Raleigh, North Carolina 27WS wrote copies can be obtained at no cost.
(41 Facilities at practices shag hat damage or daatroy on areh&eological ar historical site.
161 Faciitiaa or practices shad not cause an edvens impsat on a state putt, recreation or @conic area, or any athor lands Included In the
state nature and historic pr'assr".
1011 Fecilltfas shall not be located In airy wetland as defined In the Clean Water Act, Section 4041bl.
171 It must be shown that adequate @uitsb6s soils arse available for covet, either from on or off she.
(81 Lao Clearing and kwer Debns landfills shall meet tie following srsrficn and ground water requirements:
(01 Facilities of practices shad not cause a discharge of podutalts into watere of the state Chet is in virriation of the requirements
of the National Pollutant Discharge Elimination System INPDESI. under Section 402 of the Clean Water Act, as amended.
tbl Facilities of practices shad not cause a discharge of dredged materials or fie malarial into watsm of the starts that is in
violation of the requirements under Section 404 of the Client Water Act, so amended.
Ice FacllltJes err Practices shad not cause roan -point aomc& POCIA100 of waters of the state that vloiefes assigned water quality
standards.
Idl Waste In Iandf lls with a disposal wee greeter than two acre■ shall be placed a minimum of four fort above the seasonalhigh
water table, strcapt where an altemetive separation Is approved by the Dtvis am
(el Waste in landfius with a disposal was less than two acme shad be placed above the seasonal high water table.
{9) The facility shag most the loflewkq minimum butter req+dm eMs:
(&1 60 fast from the wants boundary to All surface watere of the state me defined In G.S. 143-212.
Ibl 100 teat from the disposal area to Property line, residemlaf dwellings, commercial or public buildings. and wsda.
4e1 Buffer reglimme nta may be adjusted an recanaary to insure adequate protection of public health and the s rvironrrerrL
110) The facility shall most ad requirements of any applicable zoning ordinaries.
.0666 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS (LC1DI LANDFILLS
Land Clearing and inert Debris (LCID1 Iandfille shad most the following operstim,il requirements:
III Operational plane shad be approved aid followed so specilled for the Iscility.
12) The facility shed only atsapt those sand wastes which it Is pemnitted to receive.
131 Solid waste shag be restricted to the smodaet area feasible and comp ectod se densely an practical Into caBt.
141 Adequate sod cover shad be applied monthly. or when the active area readies one acre In size, whichever xcure first.
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161 120 calendar days otter completion of erne phone of disposal OPOW10". or upon rsvoeatlorr of a permit. the dievasal awe shop be
covered with a minimum of Ono foot of suitable wog cover sloped to sgow surface water nowlf In a controlled manner. The Division
may require further action it Order to correct arty condition which is or may became injurious to the public health, or a nrnaanCa to the
community
(61 Adequate erosion control maasurm stnretuese, or davksa shag be uugltod to prevent alit Iroro leaving the ells and to prevent excessive
on site erosion shoe vvithln 30 working days or 120 ealerderdays upon
(7) pmvisiona for a ground cover svtWom to restrain erosion must be accompli
completion of ury phase of landf9 davaapmanL
(13) The fscgity slut! be odequably secured by meatschains
,bunt. at pates. cha, bunt. tomes. eta. to Pint unerrthOrt"d acvms except when
an operator is on duty. An attandant shall be on duty at ad tines W the landfill is open for pubes use to sasurs comPfiance with
Operational reauimments srtd to prevent acceptance of unauthorttad wsstas. a
Ili) Access roads ahW be of ell-westhor eomtnxtFon and Properly maimalned. ad ~ waste.
110) Surface water shad be diverted front the working Imes and shelf not be impound
I11) Sold waste shag not be disposed of In water.
1121 Open burning of solid waste Is PMK%fted.
1131 the concentration of axplodvs gases generated by the fecrlfty shag rat exceed'.
W Twenrpfive percent a[ tho Iowa axPlosiva limit for the gam„ In facMW strtachuea.
Ib) The lower explosive limit for the 'Issas
at the Prtrparty bounder'.
ad on site through the roe of current best mamWament practices.
(14j Laachmta sag tN proPaM nanag
gerirad sa 9rovidad for ands+ Autos(16) Should the oh islarn doom it nocessair, ground water or surface water mordtoling, or both, msy be ee
.o6o1 and .0502 of thfe Subchsptar.
(16) A sign shag be posted at the twAty emretwe showing the contact owns and number In coma of an amergsncy and tM permit number.
The permit number requlreraant Is not applicable fear faeigtias not nauirng on bdlvidual pamdt.
Certification by Land Owner:
I certify that the information provided by me in this notification is true, accurate, and complete to the
best of my knowledge. The facility siting and disposal operations of this landfill will comply with the
requirements of sections .0564 and .0566 of the Solid Waste Management Rules. The facility and
operations of this landfill will also comply with all applicable Federal, State. and Local laws, rules,
regulations, and ordinances. Where the operator is different from the land owner, 1, the land owner,
have knowledge of the operator's plans to dispose of solid waste on the land and I specifically grant
permission for.the operation of the landfill. I understand that both the land owner and operator are
jointly and severally liable for improper operations and proper closure of the landfill as provided for by
North Carolina General Statute 130A-309.27. I further understand that North Carolina General Statute
130A-22 provides for administrative penalties of up to five hundred dollars ($500.001 per day per each
violation of the Solid Waste Management Rules. I further understand that the Solid Waste Management
Rules may be revised or amended in the future and that the facility siting and operations of this landfill
will be rep fired to comply with all such re isions or m
mendments.
Print Name (Owner? Signat (Ownerl Date
North Carolina
County
I, oita v� a Notary Public for said County and State, do hereby certify
�, ,,
that personally appeared before me this day and acknowledged the
due executio of the foregoing instrument.
Witness my hand and official seal, this the _ 10, day of
.aeirtry ,ram .
Notary Public
;ter• " �, U�B •L: y. f:.d'� NORTH CAROLINA — JOHNSTON CO
! y ' �e•�41. �`"_ _ The foregoing certificate/s of
Notary Public/Notaries Public is/are certified to be correct. /� +fib page
e .
Il•. a w, Fred for registration and recor in this office cin B77ookL�
` M.
day of . 19L a 3 so clot .
[� By h
U Register of Deeds ./D poly Resister ajDirrds
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BOOK � .� ' �� pul 4 4 4"f
Johnston County Planning; Department
Planning Staff Post Office Box 1864
Jeff Coutu, Director
Cal Gena+eux, sr. Planner Smilhreld, NC 27:i77
Stemon Ue, Planner Telephone [phone]
Phyllis WAS. secretary Fax [phone]
June 18, 1993
County Comissioners
Norman C. Denning, Chm.
Frank B. Holding, V-Chm.
J.me. W. Cash
John M. Booker, DVM
Jcrry wood. DDS
Eleanor N. Creech
Cecil M. Maaaengiil
MEMORANDUM
TO: N. C. Department of Environmental, Health, and Natural Resources
Registrar of Deeds, County of Johnston
FROM. Stenson D. Lee, Jr., Johnston County Zoning Officer
SUBJECT: Billy Flowers property with map pin number (18K05001G)
Land Clearing and Inert Debris Landfill Notification
The Planning Office of Johnston County is fully aware that the above -mentioned
property, owned by Billy Flowers, will be used as a landfill for organic debris such as
tree stumps, tree limbs, etc. The property's current zoning district is ARIR 40
(Agricultural/Residential 40,000 5q. Feet per lot) and will accommodate the proposed
landfill. The current area that will be used for the landfill is, initially, under two acres.
We are aware that the comprehensive site for this use may be approximately 10 acres
in the future. It is understood that this property will be used for agricultural uses once
the low lying areas have been filled in by the debris mentioned earlier.
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Johnston County, North Carolina
CRAIG OLIVE Register of Deeds
The following certificate(s) of
SUSAN C BUTTS
notary/notaries public
is are certified to be correct.
Oqw!� - Assistant - Register of Deeds
Prepared by and Hold for: Kristoff Law Offices, P.A.
NORTH CAROLINA
JOHNSTON COUNTY
FILED
JOHNSTON COUNTY
CRAIG OLIVE
REGISTER OF DEEDS
FILED Feb 23, 2004
AT 03:40:00 pm
BOOK 02639
START PAGE 0049
END PAGE 0056
INSTRUMENT # 05563
PROTECTIVE COVENANTS
ECHO FOREST, PHASE 6
THIS DECLARATION, made and entered into this 16' day of February, 2004, by Billy R.
Flowers, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of that certain tract or parcel of land more particularly
described as follows:
BEING all of the Lots 35, 35A, 37, 38, 39, 40, 41, 43, 45, 46, 47, 48, 49, 50, 51, 61, 63, 64,
65, 66, 67, 68, 69, Echo Forest Subdivision, Phase 6, as shown on that map recorded in Plat Book
63, Page 368, Johnston County Registry, and
WHEREAS, it is for the mutual benefit of all homeowners in Echo Forest Subdivision,
Phase 6, both present and future, for Declarant to subject said lots as referenced hereinabove to the
following Protective Covenants;
NOW, THEREFORE, Declarant does hereby declare that all of the real property referred to
above shall be held, sold and conveyed subject to the following easements, restrictions, covenants
and conditions which are for the purpose of protecting the value and desirability of, and which shall
run with, the real property and be binding on all parties having any right, title or interest in the
above -described real property, or any part thereof, their heirs, successors and assigns, for the term of
these covenants as set forth below, and shall inure to the benefit of each holder thereof.
ARTICLE I
LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes,
except that nothing herein shall preclude the use of any lot for a utility purpose for the benefit of this
subdivision or access by the Declarant or its successors in interest, except that if any lot is purchased

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0050
from the Declarant by an individual lot owner or builder, then said lot must be used for residential
purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other
than one (1) detached single-family dwelling not to exceed two and one-half (2 s/2) stories in height
and a private garage for not more than three (3) cars, and (with the approval of the Architectural
Committee) an accessory building or structure for storage or other appropriate use, not in excess of
two hundred fifty (250) square feet in area. No lot shall be further subdivided without the express
written consent of Declarant herein.
ARTICLE II
SITE AND PLAN APPROVAL. No building, fence, swimming pool or any other structure
shall be erected, placed or altered on any premises in the subdivision until the building plans, builder
specifications and plot plan showing the location of such improvements have been approved in
writing as to conformity and harmony of external design with existing improvements in the
subdivision, and as to location of the improvements with respect to topography and finished ground
elevation by an Architectural Committee. The Architectural Committee shall be composed of the
Declarant, however, Declarant shall have the authority to appoint others to the Architectural
Committee in the future, as Declarant deems necessary. All driveways installed on all lots in the
subdivision shall have a concrete paved turnout at the street edge with appropriate drainage as
approved by Declarant.
ARTICLE III
DWELLING SIZE AND DRIVEWAYS. No residential structure which has an area less
than one thousand two hundred (1200) finished, heated square feet, exclusive of porches,
breezeways, steps and garages, shall be erected, placed or permitted to remain on any lot. Driveway
piping and temporary gravel driveways must be installed before any type of construction
commences on any lot.
BUILDING LOCATION. No building shall be located on any lot nearer to the front, side or
rear lot lines than is required by the Johnston County Subdivision Regulations and zoning authority
at the time that such building, including the main dwelling and any accessory buildings, is
constructed on a lot. No portion of any building shall be permitted to encroach upon another lot.
IX1141[44W1
EASEMENTS. Easements for the installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plats referenced hereinabove and over the front ten
(10) feet of each lot, and ten (10) feet along each side lot line, unless shown in excess of such
distances on the recorded plats referenced above, in which case said plats shall control. Within these
easements, no structure, planting or other material shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance of utilities and drainage facilities, or
which may change the direction of flow of drainage channels in the easements, or which may

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obstruct or retard the flow of water through drainage channels in the easements. The easement area
of each lot and all improvements in it shall be maintained continuously by the owner of the lot,
except for those improvements for which a public authority or utility company is responsible.
ARTICLE VI
NUISANCES. No noxious or offensive trade activity shall be carried on upon any lot, nor
shall anything be done thereon which may be or become and annoyance or nuisance to the
neighborhood. No signs or billboards shall be displayed, stored or regularly located on any lot in the
subdivision, except real estate signs not to exceed two square feet, and no commercial trucks or
tractors may be parked on or adjacent to any lot in the subdivision. No business activity or trade of
any kind whatsoever, which shall include, but not be limited to, the use of any residence as a
doctoes office, professional office of any kind, fraternity house, rooming or boarding house, antique
or gift shop, hair salon or body shop shall be carried on upon any lot in the subdivision. The use of
all -terrain vehicles, including, but not limited to, three-wheelers, four -wheelers, golf carts, dirt bikes
and go-carts, in the subdivision is expressly prohibited hereby. The use of firearms in the
subdivision is expressly prohibited hereby.
ARTICLE VII
TEMPORARY STRUCTURES. Except as hereinbefore set forth, no trailer, tent, shack,
barn or other out -building, except a private garage for not more than three (3) cars, or an out-
building not more than two hundred fifty (250) square feet in size, shall be erected or placed on any
lot covered by these covenants. Except with the prior consent of the Architectural Committee, no
detached garage shall at any time be used for human habitation, either temporarily or permanently.
ARTICLE VIII
FENCES. No fence or fencing -type barrier of any kind shall be placed, erected, allowed or
maintained upon any portion in the subdivision, including any lot, without the prior consent of the
Architectural Committee, The Architectural Committee may issue guidelines detailing acceptable
fence styles or specifications, but in no event shall hog -wire or chicken -wire be approved nor shall
any chain -link fencing be allowed in view from any street within the subdivision.
C.11'Lis141030
ACCESSORY BUILDINGS. No accessory building of any nature whatsoever, including,
but not limited to, detached garages and storage buildings in excess of the size specified in Article
VII of these Protective Covenants shall be placed on any lot without the prior written approval of the
Architectural Committee. Said Architectural Committee shall have the sole discretion relating to the
location and type of accessory building which shall be permitted on any lot. All accessory buildings
must have a permanent foundation. Only one detached accessory building shall be permitted per lot.
At no time will accessory buildings be permitted to be located in the front yard of any lot in the
subdivision.
ARTICLE X

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CONSTRUCTION REQUIREMENTS. All builders in the subdivision must provide a
central area for construction debris which is fenced such that all construction debris can be confined
within said fenced area. In the event a builder does not provide or maintain said fenced area for
construction debris, Declarant reserves the right to clean the lot and charge the builder for the costs
of said clean-up. The intent of Declarant is for all builders to maintain a lot that is neat in
appearance during the construction of a home on any lot in the subdivision. A temporary gravel
driveway must be installed prior to the commencement of any construction, including lot clearing,
on any lot in the subdivision. In addition, all driveways must have a concrete pipe and graveled
surface installed prior to the digging and pouring of the footings for the home constructed on any
lot in the subdivision if the permanent concrete paved turnout has not been installed prior to the
digging of said footings. In addition, there shall be no open burning of debris at any time during the
construction of the homes on any of the lots in the subdivision.
ARTICLE XI
APPEARANCE. Each lot owner shall keep his or her lot free from tall grass, undergrowth,
dead trees, trash and rubbish, and properly maintained so as to present an attractive appearance
within the subdivision. In addition, each lot owner is expressly required to properly maintain that
area located between their property line and the asphalt streets located in Echo Forest Subdivision,
said area being the drainage ditch or swale of the street right-of-way located directly in front of
and/or to the side of their lot. In the event a lot owner does not properly maintain his or her lot as
provided above in the opinion of the Declarant and/or Architectural Committee, then Declarant, or
its successors in interest, at its option, may have the lot cleaned to Declarant's or Architectural
Committee's satisfaction, and the costs thus incurred shall be the responsibility of the lot owner. The
costs of clean-up, if expended by the Declarant or its successors in interest, shall be a continuing lien
upon the lot until the sums due and payable are paid in full. Location of satellite television receivers
must be approved in writing by the Architectural Committee, but in no event shall any receiver be
visible from any road within the subdivision, except with special consent from Declarant. Screening
for satellite television receivers are subject to approval by the Architectural Committee.
Communication towers are expressly prohibited. Stick -built homes, constructed on the premises,
are expressly required. No prefabricated or manufactured homes are permitted on any lot. All
primary fuel storage tanks must be placed underground, or be placed behind the main dwelling, out
of view from any street. Home curtain foundation walls are expressly prohibited unless approval for
the same is first obtained, in writing, from the Architectural Committee. Brick mailboxes are
expressly prohibited. No inoperable motor vehicles, or those motor vehicles not registered with a
Department of Motor Vehicles, may be parked on any lot if visible from any road within the
subdivision. At the option of the Declarant and/or the Architectural Committee, silt fences may be
required to be erected during the period of construction of any structure to be located on any lot, to
prevent erosion or other damage to adjoining lots. Construction and maintenance of same shall be
borne by the lot owner. In the event an owner does not construct such a fence after being requested
to do so by the Declarant and/or Architectural Committee, then Declarant, or its successors in
interest, at its option, may have the fence erected, and the costs thus incurred shall be the
responsibility of the lot owner. The costs of construction of such fence or fences, if expended by the
Declarant or its successors in interest, shall be a continuing lien upon the property until the sums due
and payable are paid in full.

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ARTICLE XII
ANIMALS. No animals, swine or fowl of any kind, other than ordinary household pets,
shall be kept or maintained on any lot in the subdivision. Dogs must be contained within their
owner's lots, or on leashes. Incessant barking or other offensive activities by household pets shall be
considered noxious and offensive activities and shall not be permitted.
ARTICLE XIII
PARKING. Adequate off-street parking shall be provided by the owner of each lot for the
parking of automobiles owned by such owner, and owners of lots shall not be permitted to park their
automobiles on the streets in the subdivision. Owners of lots shall not be permitted to park all -
terrain vehicles, boats, trailers, campers, commercial vehicles and other similar property on the
streets in the subdivision, and such property shall not be permitted to be parked in the front yard, or
in view from the street, except with special written consent from Declarant.
ARTICLE XIV
UNDERGROUND UTILITIES AND STREET LIGHTING. Declarant reserves the right to
subject the real property described hereinabove to a contract with Carolina Power and Light
Company or its successors in interest for the installation of underground electric cables and the
installation of street lighting, either or both which may require a continuous monthly charge to the
owner of each lot.
ARTICLE XV
AMENDMENT. While Declarant owns any lot within the subdivision, or for such shorter
period as allowed by law, Declarant shall have the absolute right to amend these Protective
Covenants, which amendment or amendments shall be binding upon all property owners within the
subdivision. Thereafter, these Protective Covenants may be amended by an instrument signed by
not less than seventy-five percent (75%) percent of lot owners.
ARTICLE XVI
ANNEXATION. Declarant has the absolute right to annex additional residential property,
including common areas which may subject the homeowners in the subdivision to assessments for
maintenance of the common areas, while Declarant owns any lot within the existing subdivision, or
for such shorter period as allowed by law. Thereafter, additional properties may be annexed,
including common areas, with the consent of at least seventy-five percent (75%) of the lot owners.
ARTICLE XVII
TERM. These covenants are to run with the land and shall be binding on all parties and all
persons claiming under them for a period of twenty-five (25) years from the date these covenants are
recorded with the Johnston County Register of Deeds Office, after which time said covenants shall
be automatically extended for successive periods of ten (10) years, unless an instrument signed by a

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0054 302639 RH O Z)4
majority of the then lot owners has been recorded, agreeing to change these covenants, in whole or
in part.
ARTICLE XVIII
ENFORCEMENT. Enforcement of these covenants shall be by proceeding at law or in
equity against any person or persons violating or attempting to violate any covenant, and the
aggrieved party may request restraint of the violation or damages resulting from said violation.
ARTICLE XIX
SEVERABILITY. Invalidation of any one of these covenants or any part thereof by
judgment or court order shall in no wise affect any of the other provisions which shall remain in full
force and effect, and the failure of any person or persons to take action to enforce these covenants
shall not be construed as a waiver of any future enforcement rights.
ARTICLE XX
MAILBOXES. Declarant shall provide all homeowners in the subdivision with a mailbox
for his or her lot. If said mailbox is damaged subsequent to the homeowner's purchase and closing
of a lot in the subdivision, said homeowner must replace the mailbox with an identical mailbox.
ARTICLE XXI
ENTRANCE SIGN MAINTENANCE. The Entrance Sign Area is shown on the map for
Echo Forest Subdivision which is recorded in Plat Book 55, Page 35, Johnston County Registry.
Billy R. Flowers hereby reserves an easement for himself and grants and conveys to the Entrance
Sign Maintenance Committee (the "Committee"), its successors and assigns an easement across said
Entrance Sign Area to maintain, repair, replace and improve signs within the Entrance Sign Area
and to maintain, repair and improve the landscaping within the Entrance Sign Area. Maintenance of
the Entrance Sign Area shall be the sole responsibility of the Echo Forest Entrance Sign
Maintenance Committee.
An annual meeting shall be held, at a place within the subdivision of all record owners of
lots in the subdivision on the first Saturday in December to elect three members of the Committee.
In this connection, Billy R. Flowers shall be one of the three owners to serve on the committee until
Billy R. Flowers no longer owns 10% or more of the lots within the subdivision. The Committee
shall have the duty and responsibility to budget for, maintain and enhance the Entrance Sign Area as
may be necessary and feasible and to collect all the costs involved therein from the lot owners on a
lot pro rata basis including the costs of electricity, water, lighting and irrigation within the Entrance
Sign Area. Billy R. Flowers shall contribute his pro rata share for lots remaining in his name. The
maximum annual maintenance assessment shall be $25.00 per Lot beginning January 1, 1999 and
shall not be increased above said maximum amount without the approval of 75% of the lot owners
present and voting at the annual meeting. The Committee may fix the annual maintenance

� a
2639
0055 3.02G39 AHOJS
assessment at an amount not in excess of the maximum. In addition, an initial maintenance fee of
$25.00 shall be collected from the purchaser of each lot at the closing of the sale of the completed
dwelling thereon.
Each lot owner shall be responsible for keeping his or her mailing address current with the
Committee and the Committee may rely upon such information for purposes of mailing statements
for the annual maintenance assessment. Each lot owner within the subdivision, by acceptance of a
deed therefore, whether or not it is expressed in such deed, is deemed to covenant and agree to pay
to the Committee said annual maintenance assessment.
Failure of any lot owner to pay his or her annual maintenance assessment within sixty days
of the mailing of the statement by the Committee shall constitute a failure to pay for labor and
materials contemplated by North Carolina General Statutes 44A-7, et seq. And the Committee or
any other owners shall be entitled to proceed against the nonpaying lot owner to perfect and enforce
the lien as provided by North Carolina General Statutes 44A-11, et seq. This right inures to the
benefit of the Committee and lot owners for the cost of any maintenance, repair and improvement of
the Entrance Area provided such cost is authorized in accordance with this Paragraph.
ARTICLE =1
IMPERVIOUS MATERIALS. All other provisions herein contained not withstanding, any
impervious material placed upon a lot shall not exceed an average of 12 percent of the total square
footage of the lot. "Impervious Material" is defined as rooftops of homes, garages and outbuildings,
paved or asphalt driveways, walkways and patios.
IN TESTIMONY WHEREOF, the Declarant has hereunto set its hand and seal the day and
year first above -written.
(SEAL)

a ■
2639
0056 nu 5
NORTH CAROLINA
JOHNSTON COUNTY
1, a Notary Public of the County and State aforesaid, certify that Billy R. Flowers personally
appeared before me and acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal this 1'1Tir--day of February, 2004.
Notary Public
My Commission Expires:
AN C.
= 10TAR),
-- : �.
�2s•. PUBLIC f =,�:
sT�� G 0 \W,�y ,�:

28 S 0, 1-
CLOSURE NOTICE
STATE OF NORTH CAROLINA BEFORE THE DIVISION OF
WASTE MANAGEMENT
COUNTY OF JOHNSTON DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
IN RE: NOTICE OF CLOSED
UNPERMITTED
PROPERTY OF BILLY R. FLOWERS SOLID WASTE
DISPOSAL SITE WITH
LOCATED IN JOHNSTON COUNTY DEVELOPMENT AND
CONVEYANCE
RESTRICTIONS
PURSUANT TO TITLE 15A NORTH CAROLINA ADMINISTRATIVE CODE
CHAPTER 13B.0502(2), NOTICE IS HEREBY GIVEN THAT:
1) SOLED WASTE HAS BEEN BURIED; AND
2) DEVELOPMENT AND CONVEYANCE RESTRICTIONS EXIST a (41 f 6 19 R.3
ON THE HEREINAFTER DESCRIBED PROPERTY OF: DIVISION OFAMT E MMACEDAENII
FAYETTFOLLE REUITAL OFFICE.
BILLY R. FLOWERS, D. BK. 1744, P. 796,
AT THE LOCATION DESCRIBED UPON THE ATTACHED MAP PREPARED BY
JIMMY C. BARBOUR, REGISTERED LAND SURVEYOR, AND RECORDED IN PLAT
BOOK 52, PAGE 407. Received
Sad Waste
Notice sectZo ,
This "Notice of Closed Unpermitted Solid Waste Disposal Site With Development and
Conveyance Restrictions" is not a permit for solid waste disposal, and is not to be construed as a permit
for a disposal facility. The site has never been a permitted solid waste disposal site, and has come to the
attention of the Solid Waste Section in the context of non -conforming sites/open dumps, pursuant to 15A
N.C. Admin. Code 1313.0502.
The purpose of recording this "Notice of Closed Unpermitted Solid Waste Disposal Site With
Development and Conveyance Restrictions" is to give actual and constructive notice to subsequent
purchasers of the property described herein, in order to reduce any risk to public health or the
environment from the improper disturbance of the waste, and to restrict subsequent purchasers of the

property described herein in the use of the property due to the proximity of the solid waste site.
Development And Conveyance Restrictions
This is notification that development and conveyance restrictions apply to the property described
in the "Notice of Closed Unpermitted Solid Waste Disposal Site With Development and
Conveyance Restrictions," recorded at Book 1-,751 , Page 2 +c . These development
and conveyance restrictions have been reached by agreement with the State of North Carolina
Department of Environment and Natural Resources, Division of Waste Management, in accordance with
the Compliance Order with Administrative Penalty in the Matter of Billy R. Flowers dated 25 March
1996. The development restrictions are as follows:
The land identified as "waste disposal site" on the map recorded in Plat Book 52,
page 407, was a site used for disposal of stumps, trees, and construction and
demolition debris, including carpet, paunted and treated wood, plastics, metals,
and miscellaneous construction wastes. It shall no longer be used for a disposal
site and no buildings, wells, or septic tanks shall be placed on this property.
The first 250 foot area around the solid waste disposal site as shown in the map
recorded in Plat Book 52, page 407, shall not have any wells, septic tanks, or
buildings. It may be farmed.
The additional 250 foot buffer around the solid waste disposal site as shown in
the map recorded in Plat Book 52, page 407, shall not have any wells or septic
tanks.
These development and conveyance restrictions run with the property described in Deed Book 1744,
Page 796. When the property, or any part of this property, is conveyed, the grantor shall place the
following language upon the deed, in no smaller type than that used in the body of the deed:
"This is notification that solid waste has been disposed on the property and
that development and conveyance restrictions apply to this property. See
`Notice of Closed Unpermitted Solid Waste Disposal Site With
Development and Conveyance Restrictions' recorded at Booki7 K
Page la . These development and conveyance restrictions have been
reached by agreement with the State of North Carolina Department of
Environment and Natural Resources, Division of Waste Management, in
accordance with the Compliance Order with Administrative Penalty in the
Matter of Billy R. Flowers dated 25 March 1996. The development restrictions
are as follows:
The land identified as "waste disposal site" on the map
recorded in Plat Book 52, page 407, was a site used for
disposal of stumps, trees, and construction and demolition
debris, including carpet, painted and treated wood, plastics,
metals, and miscellaneous construction wastes. It shall no
longer be used for a disposal site and no buildings, wells, or
septic tanks shall be placed on this property.
F

The first 250 foot area around the solid waste disposal site as
shown in the map recorded in Plat Book 52, page 407, shall
not have any wells, septic tanks, or buildings. It may be
farmed.
The additional 250 foot buffer around the solid waste disposal
site as shown in the map recorded in Plat Book 52, page 407,
shall not have any wells or septic tanks.
Questions concerning this matter may be directed to the North Carolina
Department of Environment and Natural Resources, Division of Waste
Management, Solid Waste Section, Post Office Box 29603, Raleigh, North
Carolina 27611-9603."
After recording, this original instrument entitled, "Notice of Closed Unpermitted Solid Waste
Disposal Site With Development and Conveyance Restrictions," affixed with the seal of the Register
of Deeds, together with the date, book and page number of recording, shall be returned to:
Solid Waste Section
Division of Waste Management
Wachovia Bank Building
225 Green Street, Suite 601
Fayetteville, N.C. 28301
IN WITNESS WHEREOF, the parties hereby sign this "Notice of Closed Unpermitted Solid
Waste Disposal Site With Development and Conveyance Restrictions."
Te4 F. Dover
Eastern Area Supervisor
Solid Waste Section
NO,f,TH CAROLiNA
COUNTY
I, _ /XQ , a Notary Public for said County and State, do
hereby certify that appeared before me this day and
acknowledged the due exec ion of the foregoing instrument.
Witness my hand and official seal, this the day of 1998.
My Commission expires: g « 3 Jo o ® 3
f to `
, 4

NORTH CAROLINA
la� A -� ^ COUNTY
I, �)G" e\ e- S. , a Notary Public for said County and State, do hereby
certify that _ R:II S, R _ ��`,a eJ S appeared before me this day and acknowledged
the due execution oft e foregoing instrument. 4 —
Witness my hand and official seal, this the IS day of (� c �c��o e,i , 1998.
My Commission expires:
{OFF -I SEAZ:)
State of North Carolina•JohnstonCoumy
The to certificate(s) of
Notary (Notaries) Public is (are) certified to be correct.
This instrument presented for i tratiort and r
in Book
This.—�...._.. E(! /R is ' f o o
Phyllis N Wall
Register of Deady Deputy isle De Deans
M

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\ }�; + CONCERN., ; a
...--' A iiER%Y. A
TA T 1T1 WHOM lT M Y CON L
SUR4Z�YOR S S C F1- S
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a.
L Y BURIAL GROUNDS
z L \ N --' N'B •� E 2,f9f 6f5`029 HOWEVER A NARTN CAR NA LICENSED AT1i7RNEY SHOULD BE CONSULTED /
_---� -- CONCERNING CORRECT O ERSH/P. WIDTH AND LOCA nON OF EASEMENTS,
'sue 4& ANY MAPS OREDEEDS 7ERIES OR A MADE AILABLE 70 THIS sumcy R By THE RECE r
* "' ®-' EPK 3�5---"�P '�� �1 ( OftERS A THE nME THIS SURVEY AND OTHER 777LE OUESnONs
'\ --� ��-S0.9�g^ ��`Jj�.� Y '� REVEALED BY TITLE EXA NATTON. NO RESPON5YB/LITY OF ANY NA7URF \/
,A�LLLL,,-, `_
/S ASSUMED BY TNlS SU VFYOYP FOR ANY CAND1710N5 WHICH MAY
'�� 11 £PK..--~'' S2'�•�--�''- �� �� �''�' A J a` C�- I PRESEN7ZY EXIST BUT A UNKNOWN, SUCH AS CEMETERIES, FAMILY
- �\ ` 9,� �, BURIAL GROUNDS, TOXIC R HAZARDOUS WA57E MA TFR/AL, ETC
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�� THAr NE ZAP PLA ro � iRcAT M or ay IS CO&wM P - % M SCALE
o " `_ �� e3 _.. i/ j `s'�►� -' AXED' MEETS ALL STA 7VRY REQUIREMENTS FAR RECORDING.
DS
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`BEING A PORTION OF THE PROPERTY AS DESCRIBED IN
! Op�b DEED BOOK 527, PAGE 285, DEED BOOK 451, PAGE 420,
'�% �• ` Q' 0 `� ® �/, @ 0 DEED BOOK 487, PAGE 540, AND DEED BOOK 1564, PAGE
a �-yQ'� `o�. �� e i �,+ ®FL ,�, Q 0. l��i '� \�}• . 0 ' 899, JOHNSTON COUNTY DEED REGISTRY SEE ALSO PLA T
,� BOOK 31, PAGE 297 AND DEED BOOK X-8, PAGE 300,
z r �-F. �� E7P �1QVOp,�, h k ,y / i JOHNSTON COUNTY DEED REGISTRY.
a o�, p• ! !j ! , ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS
-v \
S 1 �'7/� //�i� r // Z OWNER
o c Rr, 576�2°1' �" ( / GLAD YS W. FLOWERS
-11
z v o 0 4116 NC 42 EAST
E7P N w 55% 1¢' j/ / / CLA MON, NC 27520
z t`°n v� ° o
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A r i
�t CONTACT:
ID'0 , - POAD - j (� JIMMY FLOWERS '
•,P. ,'' E /p�� Q0, 919-934-7332
z ro m °' a' ° c r
w � o o �� '� I ` 4p 16500,' N/ s , / / �a0 �0 � ,. 34. J09 AC. INCLUDING ,500 BUFFER
0
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0 0 }' o sip ,j�� +4j� /PS G2 /PS\ t AREA /N �po� / / I AND DESL^R/BED I HEREBY THAT AND 7NA �! HEREBY ADOP ER OF PRER7 PLAN OFF 500 BUFFER,.
,a ; 21.710 AC SUBVW90N W7H MY CONSENT ESTABL! E MIN/MUM BUILDING
v , v`" SETHACK ILIMM AND DEDI ALL S1R ALLEYS; WALKS PARKS,
-r am Q o AREA /N . �.,. / AND 07HER S17ES AND EA SEM BUC OR PRIVATE USE AS
� SWD WASTE' mow` 250080BUFFER: ` � / /
AS NOTED.
DISSPOSAL
DATE ONlVER(S)
!PS AREA: � /PS � /
1.519 AC.
!Ps /PS 7E 0WER(S
° � o u ° dtllittlu�lm) S
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zIli0 �`�� 1 N.#274 5f 2T4.45' �. /PS EXEMPT fROM/ SUED/NsdN REGYILA)70N
c OS ST6V2 f f 8'5. 79 '�s 60 /
a _ 33 S29'pTOf f98. to' ,�'� ��a5 �fJRlISD/C AN NSTON N PLANNING
N
�P . ° AS 4 S46150`14 1W 254.34�
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DAShED UNES
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1,,,-AWY C HAfig", AMSTEREII LAND SURVEYOR N0. L-2= CERAFY
a," d - rn
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AN&
MIN/MUM BUILDING SEMACK UNE
EXISTING IRON PIPE
4-'o
' a �J?
/PS •�
THAT THIS PUT lS O°'Yi? SURVEY OF ANO1HEi4 CATEGORY, SUQH AS
THE RECIOAMAnO V OF EVSTTNG PARCELS, A COURT -ORDERED SURVEY
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OF
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=
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EXISTING IRON SrAK£
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OR OTHER E71'AEP710N 1HE DE7NI110N SY/BD/NSyON.
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EXISriNG PARKER-KALAN NAIL
EX/S77NG RAILROAD SPIKE
�� ?�
0 f00 200 400 600
u1MM BARBOUR, RE7XSIERED UND SURVEYOR No. L-2855
a
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ETA
EXlSANG:IRON AXLE
IRON PIPE ,wT
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TO SHOW 500' Bumm
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/SS
IRON STAKE SEr
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9-25-97
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U
, $ -5 ,� °
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PARKER-KALaW NA%L SET
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RAILROAD Sp/KE SET
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/PS
213 S. SECOND STREET
"•.....���ti
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NOW FORMERLY
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P. BOX 2G7
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OWNER
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OVERHEAD POHER LINE"PMW
SMITHFIELD N.C. 27577
r;
EAL _
z2855
N BILLY R. FLOWERs & �LADYs w. FLowFRs
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NBC
PSC
NAIL AND cAP
PAINTED sPor ON co vmm
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919 989--6642
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TOWNSHIP COUNTY STATE
HNsroN NC
w1LDERs JO71
_
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NPS
NO POVNT SET
U V Y
919 989-3013
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• O SUR.•
"' ...... •° J ,�
s"ch&NI D BY npAwN eY
919 989-6643 FAX , O ��,,,,,Itgtlt�ll►►1 „" RM AEB
THE LAND SilOWN AN THIS PLAT /S NOT 1N A FEJI/A '4is �' C. BPP���`��� DATE SCALE DRAWING N0.
100 YEAR FZ00D HAZARD AREA.
COMMUNI rY PANEL NO. J70IJ8 0045 8 (9-3o-8J) 6 -5-97 1 " = 200' 97-420

BOOK 17 It 4 TA67 9 6
25254
y9tatef, North Carolina,r Rep tration at, M.
I In the
R rof Deeds 0
Recorded in Book/—�Pa
PhylIts N. W
Register of Deeds
By
Excise Tax Recording Time, Book and Pale
Tax Lot No.......................................................................................... Parcel Identifier No. t)KT`. Ur..1. ?, �` .1% Ql,�� ............
Verifiedby ....................................... I ... ... ...................... County on the ................ day of...............................11........................ 19............
by..............................................................................................................................................................................................................................
Mail after recording to ......File: Levins
.................................on......................................................................................................................................
.................................................................................................................................................................................................................................
This instrument was prepared by .Attorne.y.... J..ame.s... R.... 1eviris.on................................................ ......... I.............. �...............
Brief description for the Index
21.710 Acres WildersTws
NORTH.y CAROLINA GrNI-RAL WARRANTY DEED
THIS DEED made this .�o.f{,... day of....AuBus.t......................................... 19 . 98..... by and between
GRANTOR I GRANTEE
Gladys W. Flowers
Billy Roderibk Flowers
4300 Hwy 42
Clayton, NO 27520
Enter In appropriate block for each party: name, address, and, if appropriate, character or entity, e.q. corporation or parinerslifp.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and asslgns;'and
shall include singular, plural, masculine, feminine or neuter as required by context. I.
••
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee -simple, all that
certain lot or parcel of land situated in the City of ...................................................... ...what r$....:...........I._.... Township,
.,,,,JOhn.S.tQn. .................. County, North Carolina and more particularly described as follows:
That certain 21.710 acres described as the area in the 500 foot buffer surrounding and including the solid
waste disposal site area of 1.519 acres as shown on the Plat entitled "Solid Waste Disposal Site; Billy R.
Flowers, Gladys W. Flowers" by Jimmy C. Barbour, RLS recorded in Plat Book 52, Page 407, Wilders
Township, Johnston County less and except that portion of the 21.710 acres already owned by Billy
Roderick Flowers in Deed Book 1564, Page 899, Johnston County Registry.
The following restrictions run with the entire 21,710 acres: This restriction has been reached by agreement
with the State of North Caroiiria Deparrment and Ncharal Resources, n:vision of Waste
Management, in accordance with the Compliance Order with Administrative Penalty in thb Matter of Billy
R. Flowers dated March 25, 1996. The land identified as "waste disposal site" on the map recorded in Plat
Book 52, Page 407 was a site used for disposal of stumps, trees, and construction and demolition debris,
including carpet, painted and treated wood, plastics, metals, and miscellaneous construction wastes. It shall
no longer be used for a disposal site and no buildings, wells, or septic tanks shall be placed on this property.
The first 250 foot area around the solid waste disposal site shown in the map recorded in Plat Book 52,
Page 407 shall not have any wells, septic tanks, or buildings from the date of the Closure Notice. It may be
farmed. The additional 250 foot buffer around the solid waste disposal site as shown in the map recorded
in Plat Book 52, Page 407 shall not have any wells or septic tanks.
N. C. liar Asu1c. Form No. 3 © 1976. Revised © 1977 — ism„wim—s Co., too, eo. 127, Valk , 11@, N. C.27055
P-1.1 by AV,.,mm, w 1h 1n, N C U.1 At— — 1981
•

w
BOOK 17 it 4 'IMER 9 7
The property hereinabove described was acquired by Grantor by instrument recorded in..............................................................
A map showing the above described property is recorded in Plat Book ..rj 2............................. page ..... 4Q7............
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in foe simple.
And the Grantor covenanjs'with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title Is marketable and free and clear of. all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever- except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed In Its
corporate name by Its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first
above written. 7
,�,�-__- __-_ _--------(SEAL)
(Corporate Name) ; Gladys Flowers
O
By: ---------------------------- .Y. _____________________ --------------------------------(SEAL)
_
________President
ATTEST: U
_____________________________________________________________(SEAL)
_______________________________________________________________ M
W
______','sNµsLLs��sM--------- Secretary (Corporate Seal) M
-------------------------------------------------------------(SEAL)
�sy-f nAi' ` NORTH CAROLINA,-_J..ohnsston------------------ county.
•NaTARY I, a Notary Public of the Coulaty and State eforesald, certify that
..a... at ---------------- rilady.S_-W.-_.r'.�.owera----.---_-__---_------------------------ ------- Graat9r.
M" a PUBLIC p) personally appeared before me this day and acknowledged the execution of the foregoing Instrument. witness my
sro M�sp hand and official stamp or seal, this _14!0._ day of AUglnlr�ll�. �__�__�___/_'..J_..___�y_�__�' __�, 19_�8.
�relr h N callMy commission expires: af__1 �a___Q _L____ -f(/�.G[td.�i!_�N �VGCtS^cr Y
________ ___ Notary Public
SEAL -STAMP NORTH CAROLINA- ---------------------------------- County.
I, a Notary Public of the County and State aforesaid, certify that _________________________________________,
.x personally came before me this day and acknowledged that ____ he is ___________________________ Secretary of
------------------------------------------------------- a North Carolina corporation, and that by authority duly
u
given and as the act of the corporation, the foregoing instrument was signed In Its name by Its _______________
„ President, sealed with Its corporate seal and attested by ___________ as its ___________________________ Secretary.
P
Witness my hand and official stamp or seal, this ....... day of ........................... 19.........
Mycommission/expires: ______________________________ _____________________________ Notary Publle
The foregoing Certificate(s) of ------ ------- / -------- --- -- ------ - -------------------------
'7
------------�e-
------------------- ------L'i
�j--_--------------------- --
is/are rtlfc9rfect. This Instrument and this certificate afe duly reglstered at the date a d tid 1 the Book own on the
first a _
�:
-- ----- `��'J_-_�___""_._`__-`______________REGISTER OF DEEDS FO -_-___ ----------------------
By------------------------------------------------------------------- By-------------------------------------------------------------------Deputy/Assistant- Re sfer of Deeds
Pro } ��
Reg e
stamp S
•� N C. Ilar A,%or. Form No, 3 10 1976. Revi%ed 191 1977 C 77055
P1.-11,Y AV...1n,n1 Jh 11ir N C U„ A.wC 1981

State of North Carolina
Department of Environment, LTR;TA
Health and Natural Resources 4 •
Division of Solid Waste Management
James B, Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
William L, Meyer, Director
March 25, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Flowers
4300 Highway 42 East
Clayton, North Carolina 27520
Re: Compliance Order with Administrative Penalty
Johnston County, N/F
Dear Mr. Flowers:
Enclosed is a Compliance Order issued to you because of certain violations of the North
Carolina Solid Waste Management Act (N.C. General Statute 130A, Article 9) and of the North
Carolina Solid Waste Management Rules, (15A N.C. Administrative Code 13B) which implement the
Act. Along with the Compliance Order is an Administrative Penalty of $25,200.00 that is imposed
pursuant to N.C. General Statute 130A-22(a). This Compliance Order with Administrative Penalty
describes the violations of concern and the actions required by you to come into compliance with both
the General Statutes and the Administrative Code.
You may appeal this Compliance Order with the Administrative Penalty by filing a written
petition for an administrative hearing with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, North Carolina 27611-7447, within thirty (30) days of the receipt of the Compliance Order.
Your petition must be submitted in accordance with the provisions of N.C. General Statute 150B-
23(a) and 130A - 22(e) A copy of your petition must also be sent to Richard Whisnant, General
Counsel, Department of Environment, Health and Natural Resources, P.O. Box 27687, Raleigh,
North Carolina 27611-7687.
If no administrative hearing is requested, the administrative penalty must be paid within sixty
(60) days by check or money order, made payable to the Division of Solid Waste Management.
Payment should be mailed to William L. Meyer, Director, Division of Solid Waste Management,
Department of Environment, Health and Natural Resources, P.O. Box 27687, Raleigh, North
Carolina 27611-7687. A fee of $20.00 will be charged for all returned checks on which the payor
bank has refused payment.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Flowers
March 25, 1996
Page 2
I encourage you to schedule an informal conference at once with my staff to discuss this
Compliance Order and Administrative Penalty. Please contact Robert Hearn, Environmental
Technician at [phone].
Sincerely,
j M&Ivj
William L. Meyer, Director
Division of Solid Waste Management
WLM/lcf
Enclosure
cc: Dexter R. Matthews, Solid Waste Section Chief
Philip I Prete, Field Operations Branch Head
William R. Miller, Associate Attorney General
Terry F. Dover, Eastern Area Supervisor
Robert Hearn, Environmental Technician
Central Files

ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF SOLID WASTE MANAGEMENT
SOLID WASTE SECTION
To: Mr. Billy Flowers COMPLIANCE ORDER
4300 Highway 42 East WITH
Clayton, North Carolina 27520 ADMINISTRATIVE PENALTY
PRELIMINARY STATEMENT
This Compliance Order with Administrative Penalty is issued under N.C. General Statutes
130A-22, the Solid Waste Management Act (N.C.G.S. 130A, Article 9), and the Solid Waste
Management Rules (15A N.C. Admin. Code 13B). Title 15A of the N.C. Admin. Code, Chapter 13B
contains standards and requirements applicable to the proper management of solid waste.
On March 1, 1971, the State of North Carolina, Department of Human Resources, Division
of Health Services, Solid Waste Section, implemented a Solid Waste Management Program under
the Solid Waste Management Act, N.C.G.S. 130A, Article 9 and rules codified at 15A N.C. Admin.
Code 13B. Solid Waste Management is now a Division of the Department of Environment, Health
and Natural Resources. William L. Meyer, Director, Division of Solid Waste Management,
Department of Environment, Health and Natural Resources, has been delegated the authority to
implement both the Act and the Rules. Based upon information available, the Director has
determined that you are in violation of certain requirements of the Act and/or Rules, as set forth
below.
STATEMENT OF FACTS
1. On July 17, 1995, Mr. Robert Harding, Waste Management Specialist with the Hazardous
Waste Section, Division of Solid Waste Management, received a citizen complaint regarding
an unpermitted construction waste dispo's_a�site operated by Mr. Billy Flowers on property
near his residence off Highway 42, Wilders Township, Johnston County, North Carolina.
2. On July 24, 1995, Mr. Robert Hearn, Environmental Technician with the Solid Waste
Section, Division of Solid Waste Management, observed a yellow, flatbed dump truck hauling
construction waste, N.C. license plate BL-8022, enter a driveway leading to Mr. Flowers'
residence. Mr. Hearn followed the truck past Mr. Flowers' residence and, when it stopped,
spoke with the driver, Mr. Raymond Johnston. Mr. Johnston said that his employer, Mr.
Jerry Beasley of Jerry Beasley Grading & Hauling, told him to dump the load of construction
waste at this site on the Flowers property. Mr. Hearn informed Mr. Johnston that the
property, NC PIN 1689-90-3620, owned by Mrs. Gladys Flowers, was not permitted to
receive any type of waste and advised Mr. Johnston against dumping there. Mr. Johnston
continued through two gates to a non -conforming construction and demolition waste dump

COMPLIANCE ORDER 977II ADMINISTRATIVE PENALTY
March 25, 1996
Page 2
area where Mr. Hearn photographed him dumping the construction waste he was hauling.
3. Mr. Hearn then went to Flowers Land Clearing Debris Notification site on Motorcycle Road
(SR 1704) and met with Mr. Flowers to discuss the site that Mr. Hearn had observed. Mr.
Flowers said that the property in question belonged to his mother, and admitted that he and
his brothers had dumped solid waste (e.g., stumps, white goods) back there occasionally over
the years, but denied knowledge of a construction waste disposal site on the property. Mr.
Flowers accompanied Mr. Hearn back to the unpermitted disposal site where Mr. Hearn
inspected the site and took several photographs. Mr. Hearn informed Mr. Flowers that
operation of a solid waste management facility without a permit is a violation of the North
Carolina Solid Waste Management Act and Rules, and that all the solid waste must be
excavated and removed from the site and disposed of at a permitted facility. Mr. Flowers said
that he understood, that he would assume responsibility for the cleanup and disposal of the
waste, and that he did not want his mother to know about the site. Mr. Flowers again said
that he did not know who may have disposed of the construction waste at the site.
4. Mr. Hearn called Mr. Beasley and informed him that he had witnessed Beasley's yellow,
flatbed dump truck dumping construction waste at the unpermitted disposal site on the
Flowers property. Mr. Beasley said that the site was operated by Mr. Billy Flowers and that
he was unaware that the site was not a permitted waste disposal site. Mr. Beasley said that
he had been sending construction waste there for disposal for approximately five or six
months. Mr. Beasley also said that he was paying Mr. Flowers for allowing him to dump
there. Mr. Beasley said that Mr. Flowers was charging $80 per load for a single -axle -truck
load, and $85 for a tandem -truck load, and that he had canceled checks to prove it, which he
would be willing to show to the Division. Mr. Beasley said that he did not know who else
might have disposed of waste at the site. Mr. Hearn informed Mr. Beasley that the Division
would require that the waste be removed to a permitted facility, and that as a hauler of waste
to the site, he is also liable for the cleanup. Mr. Beasley said that he understood, and would
cooperate, but repeated that he had understood the site to be a legal disposal facility, and that
he had not intended to dispose illegally.
5. On July 31, 1995, Mr. Hearn visited the Flowers non -conforming C&D waste disposal site
to collect more information. Mr. Hearn made measurements and sketches of the site and a
list of the waste materials observed at the site.
6. On August 9, 1995, Mr. Hearn and Mr. Terry Dover, Eastern Area Supervisor, Solid Waste
Section, met with Mr. Flowers at Flowers Land Clearing Debris Notification site. Mr. Dover
reiterated that the Division would require complete removal and proper disposal of the debris
at the non -conforming C&D waste disposal site and that enforcement action would be
forthcoming. Mr. Flowers said that he would cooperate by conducting a cleanup of the site,
and that he already had equipment on site and that cleanup was underway.

COMPLIANCE ORDER W77HADMINISTRATIYE PENALTY
March 25, 1996
Page 3
7. Mr. Hearn and Mr. Dover then visited the non -conforming site, where they observed a trac-
hoe working through the debris. Mr. Hearn and Mr. Dover inspected the site and noted
several features at the site (e.g., soil disturbance, extensive soil surface cracking, sinkholes,
and waste embedded in and protruding from the soil surface) which indicated that waste may
have been buried and covered with soil. They took several photographs of the site and the
exposed waste, and of the several surface features in the areas where illegal disposal was
suspected to have occurred.
8. Mr. Hearn and Mr. Dover returned to Flowers Land Clearing Debris Notification site to
speak with Mr. Flowers. They told Mr. Flowers that they had observed several surface
features over the area of the site that suggested that waste material may have been buried and
covered over, and that Mr. Flowers would be required to excavate any or all these areas to
demonstrate whether waste had actually been buried there.
9. On August 16, 1995, Mr. Hearn visited the non -conforming C&D waste disposal site and
observed a trac-hoe still working there. He also observed that no waste had been removed
from the site. Mr. Hearn noted that the large disposal pit that he had photographed on July
24 had apparently been excavated and backfilled with soil, and that the waste removed from
this pit had apparently been combined with other piles of waste above ground. Mr. Hearn
took more photos of the site.
10. On August 30, 1995, Mr. Hearn met with Mr. Flowers at his home and discussed progress
on the cleanup of the non -conforming C&D waste disposal site. Mr. Flowers said that he had
hauled no waste away yet, but that he was arranging to begin soon.
11. On September 12, 1995, Mr. Hearn met again with Mr. Flowers at his home and discussed
the progress on the cleanup of the non -conforming C&D disposal site. Mr. Flowers said that
many loads of waste from the site had been hauled to the BFI-Holly Springs Disposal, Inc.
site in Wake County for proper disposal. Mr. Flowers said that the trac-hoe had been
working to separate the waste from soil, and that there was a large pile of soil containing
small pieces of waste that he wanted to spread back out over the site.
12. Mr. Hearn went to the site and inspected the progress of the cleanup and the pile of soil in
question. Mr. Hearn observed that the pile contained more than incidental amounts of solid
waste, including carpet, painted and treated wood, plastics, metals, and miscellaneous
construction wastes. Also, Mr. Hearn noted that no further excavation had occurred at the
site.
13. Mr. Hearn returned to Mr. Flowers' residence and informed him that the pile was so
contaminated with waste that it would all have to be removed for proper disposal. Mr.
Flowers agreed to dispose of the soil -waste mixture properly. Mr. Hearn instructed Mr.

COMPLIANCE ORDER WITHADMINISTRATIVE PENALTY
March 25, 1996
Page 4
Flowers to continue the cleanup of the site as soon as possible, including any waste remaining
covered or buried at the site. Mr. Hearn reminded Mr. Flowers that he and Mr. Dover had
observed evidence of burial of waste in several areas at the site, and that the Division will
require excavation of any suspect areas to demonstrate whether waste remains buried therein.
Finally, Mr. Hearn asked Mr. Flowers to submit copies of receipts as soon as possible to
document proper disposal of the removed waste.
14. On September 29, 1995, Mr. Hearn visited the site and observed that no progress had been
made on the cleanup since his previous visit.
15. On October 11, 1995, Mr. Hearn and Mr. Kent Smith, Environmental Technician, Solid
Waste Section, met with Mr. Flowers at Flowers Land Clearing Debris Notification site. Mr.
Hearn told Mr. Flowers to arrange to resume the cleanup and proper disposal of the waste
at the non -conforming C&D waste disposal site as soon as possible. Mr. Flowers said that
he expected the cleanup to resume soon. Mr. Hearn also reminded Mr. Flowers to submit
copies of any receipts documenting proper disposal of the portion of the waste that was
removed in early September. Mr. Hearn and Mr. Smith then visited the non -conforming C&D
waste disposal site, where Mr. Hearn observed that no progress had been made on the
cleanup since his previous visit.
16. On October 18, 1995, Mr. Hearn met with Mr. Flowers at Flowers Land Clearing Debris Site.
Mr. Flowers said that he had not made any recent progress on the cleanup but expects
Blackmon Construction Co. to return to work on the site this week. Mr. Hearn explained
that Mr. Flowers was expected to make continual and substantial progress on the cleanup of
the non -conforming C&D waste disposal site. Mr. Hearn also informed Mr. Flowers that he
had not received any receipts documenting proper disposal of the waste that was removed
from the site in early September. Mr. Flowers said that he would obtain the receipts and mail
them promptly.
17. On October 26,1995, Mr. Hearn visited the site and observed that still no progress had been
made on the cleanup.
18. On November 3, 1995, Mr. Hearn visited the site and observed still no further progress.
19. On November 22, 1995, Mr. Hearn met with Mr. Flowers and Mr. Wilson Blackmon of
Blackmon Construction Co. at Flowers Land Clearing Debris Notification site. Mr. Hearn
urged Mr. Flowers to complete the excavation and proper disposal of the waste at the non-'
conforming C&D waste disposal site as soon as possible. Mr. Flowers said that Mr.
Blackmon's equipment was expected at the site in the next day or two, and that cleanup of
the site would continue then. Mr. Blackmon said that he was there to inspect the site in
preparation for the excavation and removal operation.

z
COMPLIANCE ORDER WITII ADMINISTRATIVE PENALTY
March 25, 1996
Page 5
20. On November 30, 1995, Mr. Hearn met with Mr. Flowers in his driveway, where Mr. Flowers
provided receipts documenting disposal at the BFI-Holly Springs Disposal, Inc. landfill in
Wake County of forty-three tandem loads of waste removed from his site. Mr. Hearn advised
Mr. Flowers to make every effort to complete the cleanup of the site as soon as possible. Mr.
Flowers said that he had secured a trac-hoe from another source and was expecting it to
arrive in the next day or so, at which time he would resume the cleanup of the site. Mr.
Flowers said he would have the cleanup completed before Christmas day.
21. On December 12, 1995, Mr. Hearn met with Mr. Flowers and urged him to expedite the
cleanup of the non -conforming C&D waste disposal site. Mr. Flowers said he was still
waiting for a trac-hoe to arrive so that he could get to work. Mr. Flowers said that he still
planned to complete the cleanup by Christmas day.
22. On December 18, 1995, Mr. Hearn and Mr. Mark Fry, Waste Management Specialist, Solid
Waste Section, met with Mr. Flowers at Flowers Land Clearing Debris Notification site. Mr.
Flowers said that he had not secured a trac-hoe for use at the site, but was still trying. Mr.
Flowers said that he still wanted to complete the cleanup before Christmas day. Mr. Hearn
and Mr. Fry then visited the non -conforming C&D waste disposal site, where Mr. Hearn
observed that no further progress had been made on the cleanup.
23. On January 22, 1996, Mr. Hearn visited the non -conforming C&D waste disposal site and
observed that no progress had been made on the cleanup since his September 12, 1995 visit.
24. On March 1, 1996, Mr. Heam visited the site and observed that the waste had not been
removed. Mr. Hearn met with Mr. Flowers and encouraged him to resume and complete the
cleanup as soon as possible.
STATEMENT OF VIOLATIONS
The following violations of 15A N.C. Admin. Code 13B were noted at the time of the inspection:
Title 15AN.C. Admin. Code 13B .0201(a) states that "no person shall establish or allow to
be established on his land, a solid waste management facility, or otherwise treat, store, or
dispose of solid waste unless a permit for the facility has been obtained from the Division."
Mr. Flowers is in violation of 15A N.C. Admin, Code 13B .0201(a) in that he has established and
operated a solid waste management facility without a permit from the Division of Solid Waste
Management.

i
COMPLIANCE ORDER WITHADMINISTRATIVE PENALTY
March 25, 1996
Page 6
CONDITIONS FOR COMPLIANCE
Based on the foregoing, you are hereby ordered to take the following actions:
1. Immediately discontinue all dumping operations.
2. Immediately post signs indicating closure.
3. Within 45 days of receipt of this Order, remove all remaining solid waste from the site,
including buried waste and waste mixed with soil, and dispose of it at a facility that is
permitted to receive the waste. Provide copies of receipts documenting the proper disposal
of the waste to Robert Hearn, Environmental Technician, Solid Waste Section, 3800 Barrett
Drive, Suite 101, Raleigh, North Carolina 27609.
PENALTY ENIPOSED
In addition to taking the actions specified above, you are hereby ordered to pay in accordance
with N.C. General Statute 130A 22(a), an administrative penalty of $25,200.00.
The N. C. Solid Waste Management Penalty Computation Procedure, dated March 19, 1985,
was used to determine the amount of the administrative penalty imposed with this order. The factors
considered in determining the administrative penalty include, but were not limited to: the nature of
the violations, the potential effect on the public health and environment, the degree and extent of
harm caused by the violations, the costs of rectifying any damage, the types and amounts of wastes,
the ease and costs of compliance, and any history of non-compliance.
The amount of this penalty shall be paid within sixty (60) days of receipt of this order by
check or money order made payable to the Division of Solid Waste Management. Payment should
be mailed to William L. Meyer, Director, Division of Solid Waste Management, Department of
Environment, Health and Natural Resources, P.O. Box 27687, Raleigh, N.C. 27611-7687. A fee of
$20.00 will be charged for all returned checks on which the payor bank has refused payment.
If you file a petition for an administrative hearing within thirty (30) days in accordance with
the applicable statutes and rules, payment of the penalty is due within sixty (60) days after service of
a copy of any final decision affirming the penalty.

COMPLIANCE ORDER WITHADMINLSTRATIVE PENALTY
March 25, 1996
Page 7
POTENTIAL CONSEQUENCES OF FAILURE TO COMPLY
You are hereby advised that, pursuant to N.C.G.S. 130A-22, each day of continued violation
of any requirement of the act, the rules, or any order issued under the act or rules constitutes a
separate violation for which a penalty of up to $5,000.00 per day may be imposed. If the violation(s)
continue, you may also be subject to further enforcement actions including injunction from operation
of a solid waste management facility or a solid waste collection service and any such further relief as
may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and
rules.
OPPORTUNITY TO REQUEST A HEARING
You have the right to request an administrative hearing to contest any matter of law, material
fact, requirement, or penalty set forth herein. To exercise this right, you must file a written petition
in accordance with N.C.G.S. 150B-23(a) and N.C.G.S. 130A - 22(e) within thirty (30) days of receipt
of this Compliance Order with Administrative Penalty.
The petition must be signed by you or your attorney. It must state facts tending to establish
that the agency has deprived you of property, has ordered you to pay a fine or civil penalty, or has
otherwise substantially prejudiced your rights. It must also state that the agency has:
1. exceeded its authority or jurisdiction;
2. acted erroneously;
3. failed to use proper procedure;
4. acted arbitrarily or capriciously; or
5. failed to act as required by law or rule.
Your petition must be filed within thirty (30) days with the Office of Administrative Hearings,
424 North Blount Street, P. O. Drawer 27447, Raleigh, North Carolina 27611, in accordance with
N.C.G.S. 150B-23(a). A copy of your petition must also be submitted to Richard Whisnant, Legal
Counsel, Department of Environment, Health and Natural Resources, P. O. Box 27687, Raleigh,
North Carolina 27611-7687. Failure to complete either of these acts within the thirty (30) day period
may result in denial of any administrative hearing.
Any administrative hearing will be conducted in accordance with applicable rules contained
in Title 26 of the North Carolina Administrative Code. You may request a copy of the rules by
calling the Office of Administrative Hearings at [phone].

COMPLIANCE ORDER WITHADMIZVISTRATIVE PENALTY
March 25, 1996
Page 8
INFORMAL CONFERENCE
Whether or not you request an administrative hearing, the Division encourages you to
schedule an informal conference to discuss this matter and to give you an opportunity to provide
additional information, including any actions you have taken to correct the violation(s). If you desire
an informal conference, please contact:
Robert Hearn
Environmental Technician
Solid Waste Section
N. C. Division of Solid Waste Management
3800 Barrett Drive, Suite 101
Raleigh, North Carolina 27609
[phone]
Note: The scheduling of an informal conference does not relieve you of the need to file
your petition for an administrative hearing within the thirty (30) day period.
By: 'G�,�►�' d`
William L. Meyer, irector
Division of Solid Waste Management
Department of Environment, Health and Natural Resources

CERTIFICATE OF SERVICE
I hereby certify that I have caused a copy of the foregoing Compliance Order with
Administrative Penalty to be served upon the person designated below, at the last known address,
causing said copy to be deposited in the U.S. Mail, First Class (certified mail, and return receipt
requested, postage prepaid) in an envelope addressed to:
Mr. Billy Flowers
4300 Highway 42 East
Clayton, North Carolina 27520
Dated this Z6
day of ) /iL 14 , 1996
William L. Meyer, Director
Division of Solid Waste Management
Department of Environment, Health and Natural Resources

ALT,'iA
NCDENR
JAMES B. HUNT JR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
WILLIAM L. MEYER
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIPT #P 060 836 335
October 12, 1998
Mr. James R. Levinson, Esquire
Post Office Box 117
Benson, North Carolina 27504
RE: Closure Notice - Unpermitted Solid Waste Disposal Site
Johnston County
Dear Mr. Levinson:
4
OCT 19N8
Received
solid War
sfto�
Enclosed is a Closure Notice for the Billy R. Flowers unpermitted solid waste
disposal site located in Wilders Township, Johnston County. Also, attached is a list
of instructions that need to be completed regarding same.
If you have any questions, please do not hesitate to contact Robert Hearn,
Environmental Technician, at [phone] or Terry Dover at [phone].
Sincerely,
Terry F. Dover
Eastern Area Supervisor
Solid Waste Section
TFD/ps
Enclosures: Instruction List
Closure Notice
cc: Philip J. Prete, Field Operations Branch Head
Robert S. Hearn, Environmental Technician
Lauren M. Clemmons, Assistant Attorney General
FAYETTEVILLE REGIONAL OFFICE
225 GREEN STREET, SUITE 601, FAYETTEVILLE, NC 28301-5043
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

INSTRUCTION LIST FOR CLOSURE NOTICE
1. Have Owner sign Closure Notice and Owner's signature notarized.
2. Record Map at the Register of Deeds Office.
3. Indicate Map Book and Page Numbers (by Register of Deeds Office
prior to filing Closure Notice).
4. Record Closure Notice by Register of Deeds Office. .
5. Return completed Closure Notice to:
Solid Waste Section
Division of Waste Management
225 Green Street, Suite 601
Fayetteville, N.C. 28301