5105_FlowersTP_RecordedNoticeofClosedSolidWasteDisposalSite_FID1554083_20210312

NOTICE OF CLOSURE
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
IN RE:
PROPERTY OF
42 EAST LLC
BEFORE THE DIVISION OF WASTE MANAGEMENT
N.C. DEPARTMENT OF ENVIRONMENTAL
QUALITY
NOTICE OF CLOSED
SOLID WASTE DISPOSAL SITE
NOTICE IS HEREBY GIVEN THAT SOLID WASTE HAS BEEN DISPOSED ON
PROPERTY OF:
42 East LLC
8311 Bandford Way, Suite 7
Raleigh, NC 27615-2752
PARCEL ID#: 16KO5001A
AT THE LOCATION DESCRIBED IN THE DEEDS RECORDED IN DEED BOOK 5542
PAGE 681-682, JOHNSTON COUNTY REGISTRY.
AUTHORITY: N.C.G.S. § 130A-301(f); N.C.G.S. § 14313-279.9; 15A N.C. Administrative
Code 13B.

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INFORMATION ABOUT THE SOLID WASTE DISPOSAL SITE KNOWN TO THE
DIVISION OF WASTE MANAGEMENT
This is notification that solid waste has been disposed on the property described in this
"Notice of Closed Solid Waste Disposal Site". See Deeds recorded at Deed Book 5542 Page 681-
682 and the Plat recorded at Plat Book , Page in the Johnston County Registry
for complete description of the disposal site. The property is also currently described as Johnston
County Parcel Number 16KO500IA.
This "Notice of Closed Solid Waste Disposal Site" is not a permit for solid waste storage
or disposal, and it is not to be construed as a permit for a solid waste storage or disposal facility.
The site contained a Land Clearing and Inert Debris Landfill allowed under 15A NC
Administrative Code 13B. 0563 at the time of waste placement that was later found to be non-
conforming due to an expansion beyond the authorized disposal area. The site also once operated
as a treatment and processing facility under Solid Waste Permit No. 5105-TP for removal and
processing of previously disposed land clearing and inert debris waste. Redevelopment of the
property has resulted in the removal of a portion of the closed disposal site, reducing the area of
waste fill from approximately 14 acres to approximately 1 acre on the 16.2-acre parcel
16K05001A. This notice is consistent with the "Notice of Open Dump" which the North Carolina
Department of Environmental Quality (DEQ) is authorized to file under N.C.G.S. § 130A-301(f).
The area of remaining waste disposal covers approximately 1 acre; depth of the waste is
estimated to range from 1 - 15 feet. Waste placed at the site consists of land clearing and inert
debris. There may be types of waste disposed at the site which were not disclosed to the Division.
A portion of the restored area of parcel 16KO5001A will be subdivided into lots for San Marino
Subdivision. The remaining portion of parcel 16KO5001A that includes the remaining waste fill
area and buffers, will be included in the Johnston County Land Dedication Program under a
conservation agreement that will not allow development or farming of the land. Further
information about the disposal site and waste removal can be obtained by contacting DEQ Division
of Waste Management at [phone].
The purpose of recording this Notice is to provide actual and constructive notice to
subsequent purchasers of the property described herein and to reduce any risk to public health,
safety, or the environment from either the improper disturbance of the waste or from development
in proximity to the waste. Some risks, without limitation, include the generation and migration of
methane gas which is explosive at certain levels, spontaneous combustion of the material, erosion
and slope instability, and damage from subsidence to any construction or utilities inadvertently
located on the restricted area.
Whenever the land, or any part of the land, on which the dumpsite is located is sold,
leased, conveyed or transferred, the deed or other instrument of transfer shall contain in the
description section in no smaller type than that used in the body of the deed or instrument a
statement that the property has been used as an unpermitted solid waste disposal site, and
that development and land use restrictions apply to the site, together with the book and page
number where the survey plat is recorded and the book and page number where this "Notice
of Closed Solid Waste Disposal Site" is recorded.
Pursuant to N.C.G.S. § 130A-301(f)(4) and N.C.G.S. § 143B-279.10(f), when the owner
removes all solid waste from the dump site to the satisfaction of the Department and remediates

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the site to unrestricted use standards, DEQ shall file a Cancellation of this Notice of Closed Solid
Waste Disposal Site.
After recording, this original instrument, affixed with the seal of Register of Deeds,
together with the date, book, and page number of recording, shall be returned to:
Compliance Officer
Solid Waste Section
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
Edward Mussler, Chief
Solid Waste Section
Division of Waste Management
NORTH CAROLINA
Wake County
I, , a Notary Public for said County and State,
do hereby certify that Edward Mussler, Chief, Solid Waste Section, NC DEQ, personally
appeared before me this day and acknowledged the due execution of the foregoing "Notice of
Closed Unpermitted Solid Waste Disposal Site."
Witness my hand and official seal, this the , day of
2021.
Notary Public
My Commission Expires

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42 East LLC
Property Owner
NORTH CAROLINA
JOHNSTON COUNTY
I, , a Notary Public for said County and State,
do hereby certify that , representative of 42 East LLC,
personally appeared before me this day and acknowledged the due execution of the foregoing
"Notice of Closed Solid Waste Disposal Site."
Witness my hand and official seal, this the , day of , 2021.
Notary Public
My commission expires: