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HomeMy WebLinkAbout5105_FlowersTP_Settlement_19960101NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NA►TuRAL RESOURCES DIVISION OF 'WASTE MANAGEMENT TO: Kris Callahan f FROM: Philip J. Prete DATE: May 17, 1999 RE: FILE CLOSURE: Compliance Order with Administrative Penalty dated March 25, 1996 and issued to Billy Flowers [D0425, D0360]; Johnston County, N/F The Solid Waste Section has received full payment for the $5,000.00 settlement amount of the administrative penalty assessed with the above - referenced order. According to our records, all other conditions of the Compliance Order have been met. I am closing my file on Billy Flowers relating to actions leading up to, and as a result of the Compliance Order against him. Please consider this enforcement file closed pending any future violations of Solid Waste Management Rules. CC: Lauren Murphy Clemmons Terry F. Dover Robert Hearn Im 401 OBERLIN ROAD, SUITE ISO, RALEIGH, NC 2760S PHONE919-733-4996 FAX 919-71S-360S AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina. MICHAEL F. EASLey Departr-rent of Justice ATroRNFY GENERAL P. O, BOX 629 Lauren' TO: Lauren M. Clcm,nons RALEIGH Env;ronmental Division 27602-062'.? e )cicm;�Z.maiLjusstate.rc,us Tel. (9l9) 7l6-6600 Fx%. (919) 716.6939 January 6, 1999 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re: Billv Flowers Settlement Agreement Dear Mr. Leviri.son: Ercl�sed sir,: t- conies of an Admiriistrative Consent Agreement and Settlement that defines the resolutions of our discussions with you.and your client. Afar reviewing the Agreement, please have your client sign both copies in the —Cs' of a Notary' Public and have both copies notarized. Please return both copies with the full payment of S5,000.00 to me. r will hold your client's payment pending the Division Director's signature or the agreement. We will return one copy to you after it has been signed by the Division Director. Please feel tree to call me if you have any questions. Sincerely yours, Lauren Ntiirphy Clemmons Assistant Attorney General Enclosure c Phil Prete ?l=1 ' clfi- t=;(-,; g i.11:1 t;' i-'_{-'_aT�-C,Ti_,: XCIJ l NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION In Re: Mr. Billy Flowers ADMINISTRATIVE CONSENT AGREEMENT 4300 Highway 42 East AND SETTLEMENT Clayton, NC 27520 The North Carolina Department of Environment and Natural Resources (DENR), through its Division of Waste Management, and Mr. Billy Flowers hereby enter into this Consent Agreement and Settlement in order to amicably resolve matters which arise out of a Compliance Order with Administrative Penalty issued by the Division to Mr. Flowers on March 25, 1996. The Division issued this Compliance Order with Administrative Penalty pursuant to the North Carolina Solid Waste Management Act, and the rules, which implement the act, for violations more specifically described in the Compliance Order. Mr. Flowers has not requested an administrative hearing pursuant to N.C. Gen Stat. § 130A-22(e). The March 25, 1996 Compliance Order with Administrative penalty constitutes a final agency decision and DENR is authorized pursuant to N.C. Gen Stat. § 130A-22(a) and (g)(1) to recover the unpaid penalty by instituting a civil action in superior court. In order to avoid litigation and to resolve the unpaid penalty, the Division and Mr. Flowers agree to the following Settlement: A. Mr. Billy Flowers agrees to pay to DENR $5,000.00 in Settlement of the administrative penalty assessed by the Division Director according to the following: 1. Full payment of the $5,000.00 is due and payable upon signing this agreement. 2. Payment shall be made by check or money order made payable to the North Carolina Department of Environment and Natural Resources. B. The Division agrees to accept the payment of $5,000.00 in accordance with the terms and provisions of this Consent Agreement and Settlement as complete satisfaction of the $25,500.00 penalty assessed with the Compliance Order. The receipt of this $5,000.00 payment is acknowledged as evidenced by the signature below of the Director of the Division of Waste Management. C. Nothing in this Consent Agreement and Settlement shall restrict the right of the Division to initiate action against Mr. Flowers for 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 r r Ada � l - 1 I v r,- -:' .. •,a. '.. .°S.:£92 x F y. g n JV'o-,F 81,049 All 191v11 - JP� kA i Y r 16 Ile ' / i A ? �� gK 4T MN .9,s i YCYf j X K.d.,E.,d•.T Afi' z f'9 h tit�t� �N..+ �t ltt *•`v rr . :; • �_ ;� COUNTY i N?rryt F t EC:74ic of rt,,e Counr'y nd 1 y g��^���,y ired q.� �+y . .... L.. t „^a ,^^,. -.vk �E.�i land �...R{. *dF. e..dY..)3 y:... y p re. FF +i Pur$ it a day f is LP~ws?'1w.e'Y�°" i,et9T� ot'E �i,.,, ?,a {.. L4 „ m "E F mant ' �' #fta sf I aLa ri-ip c. as�: a 3Y sFfi' Njur ""• y c nrmc -9cr: s,e ,� _ , too` f A,3r� TrA= SO �c- � ,ag ,ras,rx toa JY.id .iN.F,A A 'Pill .. ,, 4f. rrarr ._ d� ut:iuc is jst_` l� cer t,f i 0 rO be _. or, ec. f T",S C)} prese t80 1 in a3 da O ! R EQ TEE 0 �? � �7'. � � �� � DEEDS c- 0 d scr,Fo . o f-5carcl .tr ,r','9c m4a: �c f _ page t"ha oaunclaraes r10T- t# 4 £?C fit' h}` v .; ^ 7 4 r1 §in y fort ff-c1t-fi"'s ir" o,,M bci %EnBook ._ _ r� y$ a i�rA e Witt' ';r"�'w t�:t,._se`s�.s� my cy +•�g`t°'sa! si [ F.�t.,..zC'e, `�'�.iC�t.�a� p�-� E�.at"t � � uand `"P-o V. day. of u ummmommmummmm 0,Ij nAT ,-E", A 4OVA 1. f 439 C14 I ulr y°..4d , }'f,F pv- Rfpclsf d-FeA14 r 41" 401G 5,6i,peF144 die Ar MICHAEL F. EASLEY ATTORNEY GENERAL State of North Carolina Department of Justice P. O. BOX 629 RALEIGH 2 7602-0629 August 20, 1998 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re: Billy and Gladys Flowers Dear Mr. Levinson: REPLY TO: Lauren M. Clemmons Environmental Division eplclem@mail.jus.state.nc.us Tel. (919) 716-6600 Fax. (919) 716-6939 The last time we spoke, you were going to contact Mr. Billy Flowers in order to proceed with the real estate transaction between Mr. Flowers and his family members. What is the status of that transaction? As you are aware, we are waiting on the transfer of the property into Mr. Billy Flowers name so that we may proceed with the recording of the "Notice of Closure of an Unpermitted Solid Waste Site." If it does not appear that the transaction will be completed soon, then the only apparent option is to record the "Notice" based on the current ownership of the property. Please provide us with a time frame for the completion of the real estate transaction between Mr. Billy Flowers and his family members. The parties should keep in mind that the issue of the administrative penalty must still be resolved. The agency has three years from the date of the penalty in which to bring a civil action to recover an unpaid penalty. The agency would have to file such an action in this case before March 26, 1999. Mr. Flowers needs to complete his real estate transaction in the near future so that we may proceed with the "Notice" recordation and then discuss the penalty issue without the "bumping" into the agency's deadline for filing a civil action. Of course, if the penalty is resolved, litigation would be unnecessary. Thank you again for your cooperation in this matter. We look forward to hearing from you soon. Sincere ours, Lauren Murphy Clemmons Assistant Attorney General cc Terry Dover Phil Prete Document 27085 10 ',^ T� State of North Carolina MICHAEL F. EASLEY Department of Justice ATTORNEY GENERAL P. O. BOX 629 RAL-EIGH 27602-0629 April 29, 1998 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re: Billy and Gladys Flowers Dear Mr. Levinson: REPLY TO: Lauren M. Clemmons Environmental Division eplclem@mail.jus.state.nc.us Tel. (919) 716-6600 Fax. (919) 716-6939 I am writing to follow-up on our letter to you dated March 23, 1998, concerning the survey map which you provided us, as well as the proposed language for the deed. As you may recall, we indicated that the survey map would need to be changed to show an additional 250 foot buffer extending from the original 250 foot buffer, thus bringing the total buffer to 500 feet. We also submitted revisions to your proposed language concerning restrictions on the use of the property. Please advise on when you expect the changes to the survey map to be completed. Also, we would appreciate knowing whether our revisions concerning the restrictions on the use of the property are acceptable. If your schedule reasonably permits, we would appreciate hearing from you by May 8, 1998. Thank you again for your cooperation in this matter. Sincerely yours, Lauren Murphy Clemmons Assistant Attorney General LMC:gg cc Terry Dover Phi( Prete 24444 MIC.HAEL F. EASLEY ATTORNEY GFNeRAL state of Norti) Carolina [);`17ElCtCT1Gf1( of RUstice P. (). BC.).X 6 2' ) 276022,0629 March 23, 1998 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re: Billy and Gladys Flowers Dear Mr. Levinson: REPLY TO: i.a=n Ni. Clemmons Environmental Division epl clern@M3il,jus. State.ne, us Tel. (919) 716-6600 Pax. (919) 716-6939 My client has reviewed the survey map which you provided us, as well as the proposed language for the deed. There are several changes needed in these documents. First, the survey map fai.ls to show an additional 250 foot buffer extending from the original 250 foot buffer, thus bringing the total, buffer to 500 feet. The State's agreement to allow Mr. Flowers to close this site in place, in lieu of .removing thewaste, is contingent upon the 500 foot buffer. The survey map will need to be changed to show this additional 250 foot buffer . (it is interesting to note that the. survey map was revised on 9/25/97 to show the 500 foot buffer, but later revised on 10/21/97 to remove the 500 foot buffer). Second, the deed language will need to be revised to add a restriction concerning the additional 250 foot buffer, as well as to show that the restrictions on the use of the land are not limited in duration. We suggest the following language: This restriction has been reached by agreement with the State of North Carolina Department of Environment H+--d -aztdRL�� and Natural Resoarces, Division of Se44 Waste Management, in accordance with the Compliance Order with Administrative Penalty in the Matter of Billy R. Flowers dated March 25th 1996. ?r 'd 20: T 86, 27 JeH 651-'69-9ZL'-6T6: x2J 1Ud31139 A311Klilu �hJ James R. Levinson, Esquire March 23, 1998 Page 2 The land identified as "'waste disposal site" on the mnrecordg��j Book, nacre wm-a —site used for llll��il illi�ililill 11111111111 Jill il� ii! iIi I R -W and dun2Wi=-&brjs, including camet.pMinted and treated wood, pjagjj, metal and misc flanga -, co istructionwastes, It ftla--e shall no lokgeT be used for a disposal site and no buildings, wells, p,_r septic tanks etdt LbaU be r date of t A 'm the, hi5-Deed placed on this property -ro 4yeftr'.i f the Closure Notice.. The _fLr,-,l 250 foot area around the solid waste disposal site as sho'll in the map reco Book, page ftffft+t�,, �'Ashall not have any --!--J -rnn - wells, septic tanks, or &�� buildings F�IAV- �A -V ye�f,9, from the date of the Ck)sure Notice. It may be farmed. Lm-additional 250 foot bafth around the solid waste disposal site as; sho-wn inthe -mW—recorded in Book, 123ge shall UQjhU,e any wells or septic tanks. ftQ jLq e a _daL_l Closure Notice We believe that the above changes reflect the settlement agreement which the parties reached in May of 1997. This restrictive language will be, placed in the closure notice and be required to be included in any subsequent deed transfers. In light of the delay, well like to move forward as quickly as possible to resolve these matters. Please send the revised survey map to me and I will forward it to my client. 12`0 , d 20: 7, T 86, 2U -11PH 6269-9T-6T6:x2J �Hdlt,119 A3.1,d0iiJU DN James R. Levinson, Esquire March 23, 1998 Page 3 Tha-Dk you for your cooperation in this matter and we look fonvaxd to hearing from you soon. Sincerely yours, Lauren Murphy Clemmons Assistant Attorney General LMC:gg cc Terry Dover Phil Prete Document 23495 VO'd VO: ZT 86, 2Z JPW 6269-9 T Z-6 T 6: x2J � Hd3rl3g A3NdOiiH DN State of No', 1 Carolina r Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Boyce A. Hudson, Regional Manager DIVISION OF WASTE MANAGEMENT Solid Waste Section May 23, 1997 MEMORANDUM TO: Terry Dover, Field Operations Supervisor FROM: Robert Hearn, Environmental Technician 7�10 SUBJECT: Flowers Non -conforming Site Demonstration Holes (Johnston Co. N/F) On March 13, 1997, Mark Fry and I met with Mr. Billy Flowers to inspect demonstration holes at his non -conforming site on the Gladys Flowers property off Hwy 42 in Johnston Co. No one else was present. Mr. Flowers operated a back hoe and dug fourteen holes at places of our choosing. Mr. Fry took several photographs to document this operation. Ten of the fourteen holes dug that day revealed substantial amounts of construction and demolition -type waste similar to that observed previously at this site. Three holes had minor amounts of waste in the top two feet or so. Only one hole produced clean soil with no waste material visible. Many of the holes revealed that the waste had been capped by two to four feet or more of soil material. Waste materials commonly observed at these demonstration holes included: painted and unpainted wood, particle board, plywood, sheet plastic, vinyl siding, insulation foam, electrical wire and cable, asphalt shingles, metal binding straps, corrugated cardboard, vinyl flooring, plastic buckets, PVC pipe, silt fence material, iron pipe, rubber hose, drink bottles and cans, etc. cc: Phil Prete Mark Fry 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper i Organization: ..•II1 SOLID WASTE . To: • Date - .d 26 Jun 1996 1 1 11 •Flowers r normal ------- Forwarded Message Follows ------- From: Self <NRONA01/N1NW326> To: MEYER BILL Subject: Billy Flowers Site Cc: Dover Terry, matthewsdr@wastenot.ehnr.state.ne.us Date: Wed, 26 Jun 1996 15:39:24 +1100 Bill - Terry met with Billy Flowers today. They are giving him until July 12, 1996 to demonstrate that he has removed materials he has been instructed to remove. Claims he has spent $60K to date on clean-up (don't know what he can actully document). I asked Terry to brief you as well. Sending this for your information. bought 4,000 acres of land by the intersection of N.C. 42 and the Pveuse River east of Clayton. Percy F',Dwers left the property to his fam- ily when he died in 1982. DEHNR's staff places top priori- ty on closing dumps operated for illegal gain, as records indicate the Flowers site was. But with only 11 people to enforce solid -waste man- agement regulations in the 54 east- ern counties, investigators are lim- ited to investigating those sites they hear about from the public. The number of complaints rises considerably during warm weather, Prete said, as the construction busi- ness picks up and as people become more active, driving or walking through the country where they may come across illegal dumps. Some complain because the sites are eye- sores. Other callers, he said, are the operators of legal landfills who are losing business to the illegal ones, which are charging lower rates. Builders who pay the higher fees of legal landfills also complain when they face competition from builders who use an illegal landfill and can offer their customers lower prices. By the time the state learns of an I= illegal dump, it might have been in operation for 10 years or more. Cleaning it up, including the cost of labor, equipment rental and fees for having the trash legally disposed Of, can run from the tens of thou- sands of dollars into the millions. DEHNR officials are able to get the vast majority of the dumps cleaned up by "over the fence" dis- cussions with property owners, Prete said, which can mean explain- ing to the owner that the dump is illegal and telling him`to clean it up, or threatening a fine if he refuses. The department takes enforce- ment action against the operators Of 10 to 15 illegal dumps a month in cool weather, and 30 to 40 a month from May to September. During its busiest month in 1995, the depart- ment took formal action against nearly 50 illegal landfill operators. The number of illegal dumps requiring state action went from 179 in 1994 to 203 in 1995, according to DEHNR records. Prete attributed the increase to landfills closing after , October 1993, when the new solid - waste management rules took effect; to increased public aware- ness and more complaints; and to North Carolina's construction boom. While the carpet scraps, painted and treated wood, plastics, junk metal and other items found par- tially buried on Flowers' land did not pose an immediate threat to the environment, state officials say there is always the potential for eco- logical disaster. Illegal dumps have been found to include materials — roofing tar, crankshaft oil, lead deposits and other hazardous wastes — that can leach into groundwater or send caus- tic runoff into nearby surface waters. Materials that decompose in ille- gal dumps can cause dangerous methane gas. Old automobile tires tossed in with other waste make an ideal breeding ground for mosqui- toes, including the disease -carry- ing Asian tiger mosquito that has been found in 75 percent of the known tire dumps in the state, Old appliances attract rats. One dump recently caught fare. When investigators turned over the dirt, they found buried drums of hazardous wastes. "There's no telling what is in these things," Prete said. "It could be anything. 'DIE NEWS &OBSERVER i THURSDAY, MAY 9, 1996 increased debris aa,u .- of disposing of it legally. BY MARTHA QUILLIN STAFF WRITER CLAYTON — Billy Flowers told a state investigator in July that he didn't know anything about the trucks that were hauling heaps of construction debris onto his moth- er's property and couldn't imagine why anyone would dump all that mess on his family's land. But after the state Department of Environment, Health and Nat- ural Resources learned that Flow- ers had been charging $80 to $85 for every load brought in, and after telling him repeatedly over seven IN MW CONTINUED FROM PAGE 1 B on the rik nonths that he would have to remove the debris, the department fined Flowers more than $25,000 to make sure he cleans up the place. The one -acre Flowers site is evi- dence of Johnston County's build- ing boom. It is just one of hundreds of illegal dumps state officials expect to find this year as contractors and others search for low-cost ways to dispose of their waste. The sites are a blight on the countryside and pose safety and environmental hazards. They are difficult to stop, especially because the state has few people to enforce the dumping rules. Flowers, reached by phone last week, declined to comment on the dump officials say he operated for SEE Dump, PAGE 7B at least a year on land that belongs to his mother, Gladys Flowers, off N.C. 42 near Clayton. Terry Dover, eastern area super- visor for the solid waste section, part of DEHNR, said cleanup of the plot may be completed this week, and the fine may be renegotiated when the job is completed. Dover said the illegal dump came to the state's attention as many such sites do: A caller complained about it. When an investigator went to the site in July, department records show; he intercepted a flatbed truck piled with construction waste and told the driver the site was not a permitted dump. The dri- ver, working for Jerry Beasley Grading & Hauling of Clayton, drove on through the property and was photographed dumping the mate- rials there. Beasley later told an investigator he had been paying Flowers $80 for every single -axle truck load and $85 for a tandem -truck load, and said he had canceled checks to prove it. Beasley said he did not know the dump was illegal. Over the next several months, officials met repeatedly with Flow- ers and told him he would have to remove the debris to a permitted dump, which Flowers assured them he would do, at his own expense. But by March, almost no progress had been made, and Flowers was issued a compliance order requiring him to remove the debris and imposing a penalty of $25,200. The fine was high by departmen- tal standards, Dover said. It reflect- ed officials' frustration with Flowers. "He was given a long time to go ahead and do something about this situation, and he just drug his feet," Dover said. "We felt like we had to take this kind of action to prod him into action." Illegal dumping long has been a problem in rural areas, where it can go undetected for some time, but has been more troublesome since changes were made in state and federal laws in 1989 and 1991. The changes placed stricter environ- mental requirements on landfills, making it more expensive to build The News & Observer and operate them. As a result, state and national authorities say, many landfills have closed, and the fees charged to commercial users of remaining landfills have gone up. In Orange County the fees went from $2 per ton in the 1970s to $31 per ton today. Johnston County charges $28 per ton. Wake's fee is $22 per ton. The price increases have prompt- ed some people to increase their recycling efforts and others to dump waste illegally. "One of our biggest problems is the construction industry" said Phil Prete, head of the field operations branch of the solid waste section, based in Raleigh. "There is not ade- quate capacity in many counties for the disposal of construction and demolition waste at a cost that is reasonable to contractors. Con- tractors look for less costly sites, and often that is an illegal site." Illegal dumps are most common in the areas outlying centers of growth, because new construction generates trash by the tons. John- ston County is one, Prete said. The Flowers dump is near the crossroads community named for Billy Flowers' uncle, Percy, who LEVINS;0N & Iln,r(,n Al rOr7 NFOS At Ifl Cn1 it l4F1 I. OR^,Ar I AW OFFICES P.O. PDX I1 7. F3E1F15OrI. F4,(- 2750n JOSEPH H. LEVIN50N IFLEPHOtIE 19191 Pgq 2518 ?19 JOIINSrON Si.. SMIrI-If-IF I. [). N.C. 2757 7 JAMES R. LE VINSON r9191 894 3466 TELEPHONE 19191 974-y553 J. LEE HATCH FAX HO, 19191 894.4106 FAX NO. 19191 9345110 CAROLE B. COOPER -- 245 N. LAKE PARK BLVD, P.O. BOX 323 - CAROI-INA BEACH. N.C. 28428 TELEPHONE 19101 458 6367 November 7, 1996 FAX NO. f9101 45a 4H83 Terry F. Dover State Division of Waste Management 225 Green Street Suite 601 Fayetteville, NC 28301 Re: Billy Flowers -Gladys Flowers Dear Mr. Dover: This is to confirm that we will give you 24 hours notice, after which you will have Robert Hearn or yourself present at the property to instruct the backhoe operator where to dig while you are present approximately eight pits approximately 10 feet deep on the property. If nothing is found in these pits, the Pits can be immediately recovered and the farm will be passed as far as the 3-25- 96 compliance order to remove. If something significant is found, the removal would need to be to Johnston County Landfill or the Holly Springs Demolition Center, with your personnel further inspecting the site for removal of whatever had been found in the test pit. Please let me know if this is acceptable and we will arrange for the backhoe and contact you about a date. Mr. Flowers is reluctant to go to the expense of digging another set of holes because he got the machine and dug the last set exactly where Mr. Hearn personally showed him to dig. Yours r16 ames R. Levinson JR.L:ppw u to: ; e ei j .7 J' fax re: � /lam �� �c, r -5'-/O 95 date: pages: , including this cover sheet. IV dry r ` / 74 1 1 c ®z 7Zee- Ll 17 eO, V C/ r T�;t From the desk of Terry F. Dover Eastern Area Supervisor Solid Waste Section 225 Green St., Suite 601 Fayetteville, N.C. 28301 (910) 486-1191 Fax: (910) 486-1791 From: To: Date sent: Subject: Send reply to: Copies to: Priority "PJ Prete" <nlnw328@wastenot.ehnr.state.nc.us> SOLID WASTE MGMT. LAUREN 6 Mar 1998 0942:59 EST Re: billy flowers pretepj@wastenot.ehnr.state.nc.us Dover @fro.ehnr.state.nc.us, "Misty Franklin" <franklin@wastenot.ehnr.state.nc.us>, N1 Nw321@rro.ehnr.state.nc.us nornal Thanks ._.ren. I will ask Terry / Robert to let you know when the recordation is accomplished so that we can go ahead and schedule a meeting. I would really like to get this one closed. -Phil cc: Terry, Robert, Misty • Date: Fri, 06 Mar 1998 09:24:46 -0500 • From: LAUREN CLEMMONS <EPLCLEM@MAIL.JUS.STATE.NC.US> • To: pretepj @wastenot. ehnr. state. nc. us © Subject: billy flowers • Spoke with Jim Levinson, Flower's attorney. ©f told me he does • represent Flowers in penalty a=© of case. I guess that answers the question of who to invite to the meeting. He said he'd be happy to disucss the penalty after the survey and notice is recorded. Philip J. Prete NC Division of Waste Management 401 Oberlin ®# Raleigh, NC 27605 919-733-0692 e,,.t. 252 pre to pj @wastenot. ehnr. state. nc. us From: "PJ Prete" <nlnw328@wastenot.ehnr.state.nc.us> Organization: SOLID WASTE MGMT. To- LAUREN CLEMMONS <EPLCLEM@MAIL.JUS.STATE.NC.US Date sent: Thu, 26 Feb 1998 12:35:48 EST Subject: Billy Flowers file Send reply to: pretepj@wastenot.ehnr.state.nc.us Copies to: eprIong@maiIJus.state.nc.us, tDover@fro.ehnr.state.nc.us, "Misty Franklin" <franklin@wastenot.ehnr.state.nc.us> Priority: normal M1114- AV penalty settlement Ryke said that he had the necessary paper work, including the survey, to record this site and would pass the file on to you. If he has not done so already, please request that file and a briefing and advise what we need to do to record it so we can then get back together with them to settle on the penalty. This is a moldy case that I would like to settle. Many thanks. -Phil cc: Terry, Misty, Ryke Philip J. Prete NC Division of Waste Management 4,01 Oberlin Rd. Raleigh, NC 27605 919-733-0692 ext 252 prete pj @wastenot. ehnr. state. nc. us any new or other violation of the North Carolina Solid Waste Management Act, the North Carolina Solid Waste Management Rules or any other law or rule. This document constitutes the full and complete Consent Agreement and Settlement and no other agreement or promises not included herein have been made between Mr. Billy Flowers and the Division. Agreed to this 41 day of rc.� 1991 . �,fi �..,, Billy F rs Sworn to and subscribed to before me thigqh day off ] , Q (Notary Public) My Commission expires on: William L. Meyer, Director Division of Waste Management 1999y� PU'B,C ♦ �®-01 Sworn to and subscribed to before me this fir- day o , 1991—. 42�y Publ' My Commission expires on: /® a/Z ®o a (SEAL) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION In Re: Mr. Billy Flowers ADMINISTRATIVE CONSENT AGREEMENT 4300 Highway 42 East AND SETTLEMENT Clayton, NC 27520 The North Carolina Department of Environment and Natural Resources (DENR), through its Division of Waste Management, and Mr. Billy Flowers hereby enter into this Consent Agreement and Settlement in order to amicably resolve matters which arise out of a Compliance Order with Administrative Penalty issued by the Division to Mr. Flowers on March 25, 1996. The Division issued this Compliance Order with Administrative Penalty pursuant to the North Carolina Solid Waste Management Act, and the rules, which implement the act, for violations more specifically described in the Compliance Order. Mr. Flowers has not requested an administrative hearing pursuant to N.C. Gen Stat. § 130A-22(e). The March 25, 1996 Compliance Order with Administrative penalty constitutes a final agency decision and DENR is authorized pursuant to N.C. Gen Stat. §130A-22(a) and (g)(1) to recover the unpaid penalty by instituting a civil action in superior court. In order to avoid litigation and to resolve the unpaid penalty, the Division and Mr. Flowers agree to the following Settlement: A. Mr. Billy Flowers agrees to pay to DENR $5,000.00 in Settlement of the administrative penalty assessed by the Division Director according to the following: Full payment of the $5,000.00 is due and payable upon signing this agreement. 2. Payment shall be made by check or money order made payable to the North Carolina Department of Environment and Natural Resources. B. The Division agrees to accept the payment of $5,000.00 in accordance with the terms and provisions of this Consent Agreement and Settlement as complete satisfaction of the $25,500.00 penalty assessed with the Compliance Order. The receipt of this $5,000.00 payment is acknowledged as evidenced by the signature below of the Director of the Division of Waste Management. C. Nothing in this Consent Agreement and Settlement shall restrict the right of the Division to initiate action against Mr. Flowers for Organization: enhr @waste • . "LEE FLYNN" (, • Date sent: Thu, 2 May •' 1• 1: EST Subject:Re: • - !. Priority: normal > From: "LEE FLYNN" <nl nw040@wastenot.ehnr.state.nc.us> > Organization: SOLID WASTE MGMT. > To: "PJ Prete" <n1 nw328@wastenot.ehnr.state.nc.us>, > "Terry Dover S&H W Superv." <tDover@fro.ehnr.state. nc.us>, > "Hearn, Robert S." <N1 NW321 @rro.ehnr.state. nc.us> > Date: Thu, 2 May 1996 08:48:31 +1100 > Subject: Billy Flowers CO > Priority: normal > According to Kim, at the Office of Administrative Hearings, Billy > Flowers did not file an appeal within the 30 day period ending 5/1/96. Billy Flowers called Bill Meyer on Friday April 26th. Bill asked that I contact him. Billy wanted an informal meeting. I asked him if he had completed the removal of waste from the site. He stated that he had not, but was hopeful that it would be done this week. I suggested to him that it would be to his benefit in any negotiations to be in compliance with the Order. He agreed and said he would call Robert when he is ready for inspection. At no time during the conversation was the appeal process mentioned. Talked to Robert this a.m. , he talked to Billy and he has been held up by •• going by ••- - • will report• • to FILE NAME: �-- -� TO: DATE: RE UEST FOR ATTO"EY I Nancy Scott, Assistant Attorney General OPEN DUMP Bill Miller, Associate Attorney Genera NUISANCE TIRE Lee Flynn, Compliance Officer Solid Waste Section PERMITTED FACILITY Please review the attached Compliance Order and return it to me with your comments and suggestions. If possible, please try to return this to me by / C �� .Your assistance is appreciated. State of North Carolln Depariment of EnAronment, Health and Natural Resources Division of Solid Waste Management James B. Hunt, Jr,, Governor Jonathan B. Howes, Secretary William L. Meyer, Director To: Lee C. Flynn, Compliance Officer Field Operations Branch Re: Attached Compliance Order Request I have reviewed the attached Compliance Order request and agree with the penalty - Signed Date --- 401 Oberlin Road, Suite 150, Raleigh, Norih Corolina 27605 .Telephone 919-733--0692 FAX 919-733-4810 An Er,-)ci OQporiunily Affirnotive AC on Employer �os ecycled/10% Post-consumpl p(jrer r � Qa 4 _ .P 3951 _, �a - .._. .—° _ t P v F l nyif 3950(eNl' ,) "50 co � � r a ti L� W . \ E 2 �;! ` �~ _ �� Pin � O�\�� ( �� F�� p� • O W OFS ao a - � h.�, _- ".`�� .,, C o y 2I8�v rk vv% Sd 42 11 0 rrr � Doo \ 6 / it EET y r. FeersRa ro� II'I ? > 2eo •o R mill ?E a It 3947 -k -� - 25a . 1 l \ s 3946 - ti ,r�s o„ Wl so. 8'22'30" 738 /39 2 190 000 FEET 740 741 20 corp�cp, j I 1) 15Fcj5k L Lc 631 f) 5 1� L I L M r NOV. 18. 2004 11: 444M NO. 8902 h1k E. Tax 660K I LF 9 4 PAVE 4 9 7 stale of Nam cAjoilru, Joh . JFi,11FRegislr a R em 13eekf Ned$o� rj the P !!ls N, all r Register f Deed} By ll I Rccorlina Time, Book and Paco Tax Lot No . ........................................................ ........ Parcel Identiflar No, -)- - •r. ,l..,, ...:.............. Verifiedby .............. ............._.. . .................... Coo my an the ................ day of ,- ................... ....... ................ ......... de by........................................................... Mail iftbr f0QTd11D9 to ,a.,..., . , , ,. EaH�-�Le'.. Lf3"�l:;E•tf.--........ ....... I ... ...................... ............................ .................. r--2.7.577......__... 1Yiiia inatrua{s7�t wan preiaared by . Brief description for the [ndes acres,13� 33 Beres & 20 aexes wi =a `W NORTH C.AROLINA GENERA, WARRANTY DEED THM I)Er. 7 made Mimi ...��....L.. day of ...................... ��"�..,....., 19... , by and between GRANTEE BILLY R. nMERS ` L300 9u 1 S CONOFYANI Of THIS PRHPERTY HAS BEEN tiblf NOTMON THE TAX RECORBs. 6 a f 1$ 1 t -% TAX WtRVtSOR E®Ikr In AW-FrIaLe %19ck far cash yar6y: nAM9, eddreea, and, If appiraptlafe, eh®earter of enUiy, e,% eorpomtlon Or Partnership. The dsaignstion Grantor and 'Grghtet as 4,4ed herein dhall incladaa said parties, their heirs, suceeaaord, and aaaaigno, and alrall ihslUdC aiag^u ar, plural, masculine, ieinininO ar hauter an required by context. WITNF-W9TH, that the Grantor, for a valukble canAiderntion paid by the Grantee, the rteelpt of Wltigh +e hereby aekhd,,,)sagod, hae and by theme presents does grant, bargain, :rch and convey unto the Grantee in fee Aimpie, ail that certain M or pares, of land slitlated in the City of .............. I...n/a................. .......Wi• ... Tawhehi .. - • ......JohLlatau....., CbUnfy, Nlerth Carolina and mare particularly donribed as followm: First 'tract. All of Tract Number 1 as shmm on a s=yey entitled "Madya W, Flowers Property" aZ rev-OrM i t Plat Book 31. Page. 297, of tl� J4hmst®n Count} P,egistry, ta1175rIg 135 acres, more or Regiary leSs T g"d h�rg the PrdpL' Sll0M in Deed Book 455, Pige 381, of the Johnston Co+slty Second TrAct: All of firacl= Ntatlber 1-B iS shown on a survey enatled , lady. W. Flowers" end re iat :3ook 31) page 297, of the Jolulston Cotmt ist 0 less, and ' Y zY, containing 33 acmes, mare or t;,culaly described as f011-00s; BEGINNM at a point in the CeslterU-np of N,C. � ay trio. 42, said point also beillg the northtaest comer of a 77.6 awe tract in Deed Book 483, Page 627, �d al&:) being in the propqrty lisle of the Mitchell Watkins F recorded in Deed Book 455, Page 381; thence lea," the ceclterline of N,C. Mighway No- 42 as the line with the Watkizw Farm in a northea.sca=ly &r'ectiQn approxifnately 1773 feet tag a point; Bence in a amxheasterly direction approxLftfttely 11.32 feet to a point in the lirle Of a 26 acre tract, being t}ie nQrehwest portion i0F tilat tract recorded in geed pack 485, Page 627; thence as said 26 �e tract in a sr Ctlwest etly direction agipxoxilaately EISQ feet to a point in the centerline of N, c, H4iway No. 42 i thence as said centerli-ne in a wcaterly direction apprnx3mately 1450 feet to the point and 1;s13ee Of c ontaunitl,g 33 acres, ctgre or less, Mir,U,4,c. f!) lNO-VLLJ}y77-•1am,4K.Iw.a•ce,.nr., 1M,. ,'ll.-rw�„wn.y r,.0 MH .iuud 6y A�S.eo.4-ah u. N,C ®-• -- -6jq• Nw. 18. 2004 11:45AM 1U. d9ui r. L —.. BE! 494 ME498 Third Ttact; BMTN= at a point, e cmwa corner with the southwestern corner of tha tract cowayed to David Miltoft Flowers recorded in Deed Book 576, Page 220, the southeastern corner of chat 83.5 acre tract recorded in Deed 8cok 425, Page 204 and Deed Book 441, Page 24 aid the northwestern corner of that 30 acre mut conveyed to David Miiwn Flogs re=dai in Deed Book 11040 Page 65 of the Johnston County Registry, and nruq in a soutlWaterly direction with that tract xecbrded in need Book 1104, Page 65 to a Pout on the b&ik of the Neese River; thence rums as the bank of the Neese Rimer in a northwesterly direction to a point in the Southern line of that 101 atra tract recorded in Deed Book 442, Paige M, thence as ae southern Brae of the tract recorded in Deed Boccie 442, Page 232 and the tract recorded jai Wed Book 425, Page 204 and Deed Book 441, Page 24 in an easterly direction to the point and place of EMMM , omta ining 20 acres, Mre- or less. In accordance wir i N.C. 0.s , 50-20, thin ttaWf= of real property is intaided to effectvete a Millok distribution of marieal property between the parties, and it is imter ed by the parties that this property shall heroaftex be the separate property of Billy A. Flowers, and Sarah Wilbourne Flomrs 4F hereby eeleaset any claim or right to said prop2yty, The property hereinabdve desertbod w+sia acquired by Grantor by instrumont recorded in ..................................... ........................ Book 120g, 1'�e 7.69 acid Book ll21 Pale 5-,..7at�>rpq�,_.l;X��t„�gl�tr'y A map Showing the abd- dckribed property is recoa•dod in Plat Hook .-.31...---.... page ..-_.29]...... TO HAVE AND TO HOLD the aaforgacsid lot or pai-tel of Iand and 01 privileges and appurtenances thereto Uelonging to si,e Grantee in fee almpias. And the Ora(ntcr e4VehanEa with the Grantee, that Grantor is saked of the premises Lt fee simples, hail the right to convey the satne ip ice wimple, that title Is marketable and free and ClOnr of all eneLImbrs,nees, and thus GreRtvr will warrunt s and defacnd the title ageism the lAy?ftl clalana of all peraons whomsoever except for the exeeptions hereinnetcr atatud, Title to tht property hers,ihabove described is oubjeet to the following exceptions: IN WITNESS W]a EkEbr- Uwe crATatnr her helennLe set hid hk.d hd :rnr. — (t swrpnrsto, has c:ssaep ;hie LnsLrUM2ZUt Lo ®r tl`used In aLL Eb- ,apse ftZa hY III Unly An2)10$I$dd Offierrs Ansf ii scot [p tie hatda6u .roiled 6y '®aVd W21LLeh. authmTlay 9t ILs hoard sat Eatroetorf, Lh, dey anfl year dun - .................... v__ �,..,, ........... ---------------------- (CGtDataai Nidse) _. - ...................(SRgL) My _ Q ..............................Pr6oldshCA - ,,,...----•............ .-------(sent) -"--------_.....-- ATTEST: ---------------------------Socrtury (Caspatate Seat) W -------------- ^---------------------------------------------- (SEAL) -----------------------.............. (SatDortts Nine) a ...,.......------'-----------------`- ---- --(REAL) --------"-- ------- a -------------------------------- -------- w--------------- ._r.Pifsiai�3af ________________________________-----_.-._.._ __-_(SEAL, Azwzaw: .............................................................(SEAL) .. •... ............—___---laccreluy (Corppraee 6lai) "� ............................................ ..(SSAL) OV. 18. 20i4 11:454 NO.8902 P. 3 BOOK 11, 91E Put 4 9 9 +{14,r111: ri iltr• . Wa.�i�rs�an>•�telio i§k►tr �{Aittr 1 WORTH CAR61.14A, _,....`a II1StOl1 ------------------------- N01hry Pal,lic at the County and Slate ■laressid- cirtlfr that _.-..___--- . y OL'iE'lB..------.....- Grantar, ,19eraeaatly appeareq pf.1 Me tills dty xd lCtAOMledptd the execisllon afPsng-ffreaofod 9m[rult,aht. tYltLars nay �^t- 11411d and official damp ar iliP, iht _.-. day df w I RfyeaRlitliirloW eaPlrgst '-- _ it, ff ----------- - - - ... :ti,P6---- --_. x®tary rrerilE �i f ea••a,•. '� P� ,.�Pi4fir'. afAtllk +_i, i i111-Tll 6A7[94iHA-------- +p�iLlt:3119n - _________ ___________ • L f,n.•4, ;� i, p Cenhtr- Notaryrrublerof the CbuAly sn4 9Late nforesaie, :etly Sarah Nl )m=-lz �a thr/ _-...--....-'------------------------------ e--------------------- ----- - cr.IlSol, apiiterea blfote IRE LLPa as nd acxna.. •• , ------ ---------------------- r y lsda0d 4he csocutinn of the lafeWhi laatrument, tdhprtt My �`• "'" �•�.. •' ` , �' Mold and offteial stamp ar ,eel, Ltllr� day `"'•� J _ a � • ,•.., . ,' y of ' _••--- - ---- -- '- � rwi"rta ll4t�` 1 Illy eotanliusteR expires: IfP,i►f,r A$AiHP NORTH Ch11161=INA, At $ a Ndtery rublle of aniv County and Blare aforeceld, eerfify lhi[ rr .h.._---•------------ -e,--,.---- llarfaRi,tty .vperred aerare me Into day and acknowledged till a, —lion of the igre`aing trldrhturret.:t'i[ness LRy 112hel and Etlicisl stamp 91 ssaL thin may of ............................. 1y...... My commllflefl aaplrre:...... ___.-Nurar9 PU6llE SLaAI• -STAke- Alt?BLTII CAROI.INA- _County- ® a Notary Public Of the Ceunly and State afaralala, rlflfrr that --------- y ------------------------------------------- ------.______- ----Let, to Pcrmaaldy appeared herarts 6,e Lhl. diy and a¢hno.eted "---..•._.-....-------------- y LOU the vaaeu4lnh of ME 10reiolne Instrument, With— rate hand gild uffieial Stamp es peel, thil. _.. _-- day Wf ,.... --- Illyuetmintds.¢lnif esplrest............................... - -----------------iy-___-- _....-'.................. ...Nddafy Public SEAL, STAMP N1IR711 CAIM UMAL- ----------- ................ ...'... County. 11 a Sll,t;al'Y l+ahti,; nl mr Sa911LY and State aiaresrid, certify IhaL pinuh.11y —nni We- mS Ihid dab' end arknmolydged that ---_ lle Le --------------------------- !P awC%ary at _ y _---------------------- I ............... ........ ....... a 4nrge Csrullna Eathersttoa, and that gY e,etnn4itY duly � m _ w else„ and M Lhe ,.et „L she rurrvrntlon, Lilo furefulne ]nr°fu,annL u'ua aift"'d in Ail "At"t by It- ,,,.r.,,,._..- 61 - PfbslJeat,:raarq -Ith ILI snspatair seal and attested by ----------- halt, tt°Itnrss my J-4 Rnl diflo4aL stamp ur Yeal_ LULf ------ day of Aar camracfr4•in sxLtierr:......�--,---. 0EAT- -ATAMY N111IT11 CABOUNA- _------- --------- ._.copnlr. 1• a N041ty I-ubliP of Lill Cauhty and Rule afare.5,td. egf4afy Will ..................................... IM11onalfy tal,ie before me this day alld aal,howledbeJ thud a.., bg h ....... SrL:retafY of y ------------------------------------------------------ it N-th V-011yh rwiloration, and that by auLhOrtLY duly m r th'en alyd p! Lill act- ht Lhe cafi-a-Aion, Lbe rusrsotng idSLrli,,,rn( a'PS Sf;nrd in III I,,-LMC by its 7 PRraldent. Aealed whx k19 tarp„ratc reel +hd our:Led py ae ila Seerelary_ lVitness my hand and 4/11ESaI LlamP or seal, 'hi- ,_r... ORY of ........... --------------- Lf__--__ Alynbramisdan.;,irlrr-------------------------------------------------------------„_Nerdy Pueile %%4 falkgoing cerildestel+I of r.- -----------------------------------------------------------------------•-----•-------------------`--------------------•-------------- blatre C—ILRed tv be IMCF44. Thh In;Llnmah[ and this gertinerte are duly feLhlered .t th., da¢r and earn. {qq In the [luau And P}de Shawn nn tie rp r.t P as ilea I _ .if___ .,,..,.. .____-....___________________iLKclk-t'I;it oP uKK[la F4a4 U Y ,,ma�yy � .............eC 41HT uY __tlrpuLy�Maiwwo-neafttSr of ds. t � # ♦r r� • ['.Yrr.taa,c•Ifa,atNu,S,1 511471-awe,°",•••,ne- Q7,IM-n-.'r,NC,Il035 1 ",ro Mare Tn earn CHI. AUK = IldI DEC• 3.2004 4:20FM BOOL O.9070 P. 2 North Carolinla-Johnston Counter p GIgHg , i f$ � ��, is '719 DEED made tha--,Z? �.T, day of------�a?rii . _.._.. _._-.A. D. 19- 5--.._, by..._... _ -iau ---- - � --- �7n end ui¢s rl7.en Ricky nu------------------- n mi........ arld stale af---- IM'Pttr the ftrtt part, Coun y and State O{..__.—�: __ - . n° ._.,...... ,. aF sba seca�n Pa": of __ .s���1�.�.4ta._�...- -- ---�- nr�lrm and tuif.e WITNE53ttl-i, That said -A. Fn°�3� �11en � Cks•.?�r�n�um.—..�._....._._---_...___.�.......—.—._...,.,-. in cengSdeS$L�n of. �17^ldPL..�".1�&:9b= ASk�UllLL��Y and ne • G�rad�tEs rrl, Flawarg ,"._.__.s.--..._.^-�-------- _-.�. ----- - -- h ± - _-.._ .par, b7_.._. _. _.._.., ..__.._ . -...- --�_. the rocsipt of 191ji fs is hereby acknowladged, ha. ?f.93 _ bargained an __. d said, and by theaa preeenta do.. _ ..... grant, bargain, sell and convey to said c� it. ''i�wer �her ---- -- halrs and assigns" a certa;n tract ei• parcel of land in Johnston County, State 6f &,Wth C3Pe1in&, and pining the lands of_. _...- . ---------------- __.., ..-...........r�� .. -- - ___._...-. .----------- ..----------- .------------------- _ `.. r - .-.. ---•------ �� others, and bounds, as fellows, "!Z.' Bf-clnrling st A Ptq,pQ on Clayton Rc.?0, tsoPrer Of Tloz &17, lrl '" "i71610n of ulte NOttaon 1r,nfli;, ea pl.or'tP by J T Ellington, See Offloe of Pelzieti�r of Daesas 6� Jrjhnotcjn Crtar,ty, 3ook X_A, ps4e Son, runs trience w1t?z tine Of gtIid lot Ai, 3 E, ?1.£ 7 cl:ai^r- t6 Make', 'wenee s_87 Fl_ to a stake, corner" of lot T?1, the toe with lino of �'id lot S. 37 W. 8;,10 etpl" to s gtAke In line OI lot 111' thenoa witL 11',Q of 16to {J,s lQ anti l to 9 FtRy.@' cnrnel Of lot 4 17, therace �7.trta line of 13t VS 15 'Ind 16 to a Puke on'Gisyt'on 'Rood, thence w1 th anr, alcn_ sn`ic1 T{aad try tl,1A b,7 nnirt� anfl h8jro lot P containing 115 t�c"^ell hod 1501n7' tho trAot of hind. conveyed to Nltrrrir Watkins by t a Lucae i-um�vr colll!`try by flee,. drze, DQnsmber lq, 1gO4, 511d VeOGrdF:d 1 ri Book V-9, rggs 1qr�, of tha Realazry of Johnston Courl-,y. "-neing the same lands conveyed to the c�ran ors her®in by G a Yart1n, eomml�wpior, ear, by geed dated X4arch 10,1944. (R,VZJRl, STAY`= ilf3.95) W. TO HAVE AND TO HOLD than migreshid tract or party; Qf lad,, and all nritiiinges and appurien9&ces fLp'eelo belod h g, to the----- -- G'Loe.y 6_W Flowers, bar heirs and alai ns, m......__ 11_.-_._....or oalA csc and bvhoof Forever. .dud the said �9._�._Suss$-,a�lsa--,!%nl�� w�'�'8,9nd„Ravr R,-anurnnda� P�_~,1len _ck�— for..sel. -YUL.. and. ._.the_it`........ .heirs, executors and adminiatratora, covtnant.- with said... ... _.._ ...------------- --- �{i�adv� .,,_.---heirs acd a-seigna, that.t?1eY .a� 9 seized of said premises in tee and convey in foe simple; tl+at Tha aama are free Paid elect jvtm all er_eumbrances, and hereby forevar n'artant and will f®rever defend The said Title TD the aroma asa�= The t:lalms 0i Ali lsei`sor:s whomeoeaer--- ---- ------ --- --._ _,_-� .- .. -•- -- --- -- lti TF,5 V- GNF SiT1)•'12T.O"r'_ the Esid....+`?._.p...C?1$°5,_8C1�_.4L > _�'E i11�a� -_�? 6_and p!Q1t_�, Yanwun -nd ;rife ha...... V-- __ her-cumo Set. ------- the day and yaa!, f7ret above wrizzm. �iArrtil7 a W,_�i . tie ...... ------ R fl AI 17 ... ......... ...r • isa�i Ellen_Ria?�B Msnpum ($crl) ._.._.........._ ........ ..... r ----- - ... - - - — - _..--------- (seal; ---------- -- qTATE O1' NORTH G aOLTrEA—Johnston Count/ '_, - - -...- . _....., Clerk of Supet r Coort, herzhy MeTify Thar-- - - ..-_.... , y_.__ ......._........... - rsonsL as Barad btfoce me this da and acknotvled ed cha due execuvon of rho atid...,........................._o...._........,..., r.....,....,. , ,....his tvtie, pe 7 _ P l' g annexed Deets. of Conveyance; and the said-,.__-- _. ._. -.--...,_.. _......hoiwg by rre privately ngn,yjned; sfarsle an;j apart from her tail husband, toliching Lr voltuttary execution of the same, doll► stale bast ale eigaed (Fig aamo trrcly aad 'enIuntarily, without [cat' or c41n- pulmn of her said hatband w say other person, and chat ahc doth still assent tibcrete. Let tine hinruinrsr, with zhia tcrLiiicaco, he regiarcret;, Wiuteas ray hand, this..- day Of--._.._...._ _-.-------__. —rLD' 19' . Clffk Super:oI Court ST,9,TE OF rtit7R'1'I3 CA OI II3A, - -'--••--sFrh1�_t tnri-------��.�,.�CoutxTp ..... haraby certify that W C1RQ8r V r14i_..... _h;a }eilc, personally ap eatcd istfore me this clay and aces a ledaed the due C �n, GZs ssa�nd- i1en ickF •_ 1114% me �rlvzay d7zbt`�Ccun Lt t!!e annaxcd I]aad of Conveyance; and the lard.... �.'���-�.�@-... na�nitcd, eeparato and apart from her said ltu®btnrl, touching her voluntary exetution ei the same, cltsth sahte rhat aha sis,ned the aamc freely and v, j!ozarily, K;.hoot fear or Compulsion of hcc said ltueband or anv nther persolr, and that dhe da;h Still valuuearily newer thereto_ Wiw= may hand am-N=rkai Seal. this f °� -y i Ar�n1Z , A D. 19. ! (Iv, fa. rsi) f �� .�... d a -- -- , " ' �'Oraa Be, 3.e Iva F , P. My COM13161ler4 nspires.-_.- J n"-..�,__� l _.-._. STAIM 9T NORTH CAROLINA-JvhLbson Lanni h � Tha lucegoina ccrrafkatc of _A Cora B11e loess d e[ Jrihn ton Coun State Oi North Carolina ka ad'ud d tc be correct. Let the ins vasent, wiFh Ohs: certificare, 6e re�isrcrcd. . .A. D. 1911 .. �C1LDC35 my ha:la, ;ors---?j----._._day of�.......�..., ,.Air'..r�1-._..�.__..-,,.... i; i safe Clerk Superior Court rilre for rcgisuazion on tha...21..._...�aay 19 - --, a +. . _0� ockA -M., and registered in :hc oRtee •- of the Rmister of Deeds for Tobna= Couaty, North Caralkaa, t6kav,.......-...dav af.m ....--T----.----- -.___._ ig__.-- ar___------- o'clock..._.__. V1. DEC. 3.2004 3:43PM M NO.9068 P. 2 POOK x'O HAVE AND d fl HQL3a the aforesaid resat or parcel of lands &nd all privileges and appurtenances tlttlet�o belongings to the eaicL.�-- - - heits and aas-gne, to...---11--- --- onl use and ehOOf 0 revez. I W, F t a�aex s her x -- - g Mara um a.�d vjifs Ellen And A= said A-?-Cz1as-9.,.- D-L-yTfL-a-M-W --- - with_ ---,-- for -----thsC1L---_. scL__3i®a--- nnsi....i� - -heirs' esccutors and adminYetratora, covenant--- - seized of said reaaibes in fee and __iaezzs sad assigns that_�h Y--re_y P ---,.-- $ad that---V��--d®=---•--------hereby forcves ha.Mft_ th$aght to convpy in fee simple; that tht same area free and clear leosoall pe AonscnCumwhomsoever.-----•-- _ _ ----- ------__�__-- warrant and will forever defend the said title to the same ag,ynst- __ 1i nF-um Pnd w:Fa IN Ti{ S'TIMONY WIdI;REOF, the � s y r above .arittea• herewita sat ..® .._._�� 1 +--.-_ -_ band_--- and seal_ ._._, the da.y and ear � et j--- ---- - -------�,.�� as R - - -- Seai flaum - --( ) tiCBn F1�7 en _Rks------- (Seal) ---------,.. _.._._.(Sea Attest Corgi. �e�.�.�...���g----•--------.------ CAROLLN.,\-Johnstoa Coun:.y t cetri t12at-----------_ - -- _--- "'••-- '-_`." - - Clerk of Superior Lou-t, hereby $' 6f_T i OI rtiOlt'I and- --_ _ - -- _..___.... I> - --- -- e this clay and acluaowledged the due execution o e _ �6 wife, per®easily appeared before m � a� c1 the gait --beingb me privately examined, separal;e an• dy annexed Dced of Conveyance; as l - - ---- - - --- - n Y P d voluntstil without fear or com- from her said husband, touching her voluntary execution of the same, do th State that she eLetett a �sa� nt; with this certificate, be w6stered- pulsion of fier said huab- d or anY athez Person, and [hat she doth still assent thervt • i 11. U. 19_..__---• Witness my hand, this_____•------daY of---.. __._ _ ...------- ---_ --- Clerk Superior Court 5TA'1`F OF Nt71TH CAOLiNA, .-----s?�l��is..Qn----- ___t vunty A P Glass anfl cif Cami1 a W7 has e�vlrliu�e hereby certify that ... - '--- - - - -- .....�_..__.�® 1, 'Qo_ s- _ Fse11 __ Z_Y l _------•.-•------, a area befere are this day and ackn ledgEd the due --- --- _. 8Y1' 3dA7 ..a.(151 � 1 �ii_ R Stk.@_ n IIl---�----+ass wife, pesaonally P Fib Cke Ing me rivatel C mil _e_'�Glae�®asi 13_er�.-----.....__.__ ea y p y yaecution of the antLeaed reed of Conveyance; and the sard.. - ��-- exatnined, sthe to and agars from, her saad husband, touching her voluntary eaecuuon of tbq same, 'loth state that she signed the same freely and voluntarily, without fear or compulsion of he= &aid. husband cr and Other pers°n, and that she dotl, still voluntarily assent *�ere� (N. V, Seal) Witness my hand and Notatiai Seal, this. .. a1E1.,...day of..--.--,-�?7r17__.-_-•� A. D, 19_--�-}� `ors Sells Yves __ __.--_--•N. P. My commssston espuea------. ,----'• -__.._ - - — FATE TE OF,� INOiZ'I1•T CAROLTA-Johneton CouAtY N F0 Ives of `f lie foregoing certificate of ..--------- - - - -- — 7ohert ftcate lee re istercd ttel of North Caro, is adjudged to be correct. Let the instrument, with the ,� -- -- WiLneee my band, this.... ------ dad af- - ------------__.-A. D. 14 CIetk Superior Court A----14'--- ate- __o'clocl�_ ��^.M•, and registered in the mice - Filed far registration on the_ 1___---day of. r— it _.�---.---, $9 -- a� - - Uclock_:_.- M. of the Register of Deeds for Johnston County, Netth Carolina, this ---._.---day of_,------ __�_----w.° �-® �4n�s8®y _Y..--._,®..._._Register of Deeds DEC. 3.2004 3:44M Na.9068 P. 3 � 1� P . Al WOE NO, 456 s North C rolina--3ohnston County THIS DEED, made t is_-__.>i�a�_day of__ �pS��.�� _—.---A D. 19 �*�---, by-----�-J-W1151�g�s� ornelia A_ 1�e11oris of_ ..... _rk�.siL.__.. _._.._County and orate of NET_ �4�X1I�------of the first part, ----_W G Stancil. end yif Louise_ Stanch of_. �Johnston__.._...._____.Ccuaty and State pf..__. Month Carolina.._..._.._..of the s=xoad Fart: WITNE, 38 'I I, •]:-hat said- _3_1. Vall4 Cd� �tL� 13� �Q r—��r�73,��� Wal I aa'e �— --- -- in consideration of__ Thres Hundred_fift.7 -- —�—_�__.� � -Y- �- Doltarg, to ----- -- them .. _ _ _ _paid by_ Xi} St 3itgJ=— die receipt of which is hereby acknowledged, ha -_VP-___ bargained and sold, and by rhege presents do -that.._ grant, bargain, gel[ and convey rc said W Crtcan�l_Z_�rlfi-]sLif�_�altiB�I10.2J._�all�_�YLA3-r heirs and assinns, a certain rract or parcel of ]and i� s�`� t®oufl{y, �t°a � North Carolina, adjoining the lands of__.__. rady�Jei'f LaFisi sr—EWall ons ----___and ..anti others, and bounded as follows, viz,; `i'bose two lots or parcels of Land lying and being In the town of Four Oaks, H_ 4. and bein� leas Nos. 72 9nd 33 of the Reld Adams' subdivision as shown by' Flat reoorded In Plat nok No. 2, it -page 1, Reglstry of Johnston County. $aid lots tadlbg 54 feet and 65 feet respectively on Old Highway No. 22, and adjoins the ianda of Charlie 4rady on the 'fleet, Jeff Lsssiter, on the North and lot No. 31, now owned by E J Wellon r on the Esst. ( REVENTUE STAY.? .55) t0 record waste left in place on a site: 1. Complete the following recordation procedure (a condition of closing the site with the waste in place shall be recordation of the waste disposal location by the property owner with the Register of Deeds in the county where the land lies); \(a) Submit to the Section an entire copy of the property deed giving the complete legal description of the property as it is registered in the index of the county where the land is located. The description will be either by metes and bounds, or by reference to a recorded plat map. (b) Submit to the Section a plat of the land prepared by a registered land surveyor in accordance with N.C.G.S. §47-30; the map must show: �(1) Name of owner, property lines, north arrow, scale, and bearings and distances taken from the deed; `(2) All disposal areas delineated to include a buffer of 150 feet from the edge of waste, with the words "Solid Waste Disposal Site" written on the map; 3) Certification and seal by a registered land surveyor. Be sure plat ties to U.S.G.S. monument in accordance with N.C.G.S. §47-30(f)(9). [Mail items (a) and (b) above to Mark Poindexter, Solid Waste Section, North Carolina Division of Waste Management, 401 Oberlin Rd., Suite 150 Raleigh, North Carolina 27605.] n (c) The Section will prepare a "Notice of Closed Unpermitted Solid Waste Disposal Site," which the landowner(s) shall sign and acknowledge in the form prescribed by N.C.G.S. §§47-38 through 47-43. (i) The landowner(s) must file the Closure Notice, with the map attached where appropriate, with the Register of Deeds in the county where the land is located. If the map is too large to be reduced legibly to legal size, it shall be recorded in the map index, and the Closure Notice shall reference the separately recorded plat. The Register of Deeds shall record the Notice in the Grantor Index under the name(s) of the owner(s) of the land. (iii)After recording, the -Register of Deeds shall mail the original notice instrument (affixed with Register's seal) which notes the book, page number, and date of recording to: Marls Poindexter Solid Waste Section North Carolina Division of Waste Management 401 Oberlin Rd., Suite 150 Raleigh, North Carolina 27605 (iv)After all other requirements of this letter have been met, and the Section has received the original Closure Notice from the Register of Deeds, the Section will issue a closure letter. Rev 11/10/2004 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 WITk . LOCATED IN JOHNSTON COUNTY ) pEVLOFMEN i AND CONVEYANCE RESTRICTIONS PURSUANT TO TITLE 15ANORTH CAROLINA ADMINISTRATIVE CODE CHAPTER 13B .0502(2), NOTICE IS HEREBY GIVEN THAT: 1) SOLID WASTE HAS BEEN BURIED; AND 2) DEVELOPMENT AND CONVEYANCE RESTRICTIONS EXIST ON THE HEREINAFTER DESCRIBED PROPERTY OF: 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. Notice 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 13B .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 I 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 Page 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. 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 ruin 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 Book Page 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. 2 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 Unperrriitted 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." NORTH CAROLINA COUNTY Terry F. Dover Eastern Area Supervisor Solid Waste Section , a Notary Public for said County and State, do hereby certify that appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the day of 1998. My Commission expires: (OFFICIAL SEAL) NORTH CAROLINA COUNTY 1> > certify that the due execution of the foregoing instrument. Witness my hand and official seal, this the My Commission expires: (OFFICIAL SEAL;) Billy R. Flowers a Notary Public for said COLInty and State, do hereby appeared before me this day and acknowledged day of 1998. 4 j h � Page 1 of 3 STATE OF NORTH CAROLINA BEFORE THE DIVISION OF WASTE MANAGE ` E T c DEPARTMENT OF ENVIRONMENT AND -� COUNTY OF NASH NATURAL RESOURCES IN RE: LL; 1 PROPERTY OF JAMES REX HARRIS) NOTICE OF CLOSEDUNPERMITTED SOLID WASTE t LOCATED IN RED OAK TOWNSHIP) DISPOSAL SITE ..._. - NOTICE IS HEREBY GIVEN THAT SOLID WASTE HAS BEEN BURIED ON THE HEREINAFTER DESCRIBED PROPERTY OF: JAMES REX HARRIS POST OFFICE BOX 8223 ROCKY MOUNT, NORTH CAROLINA 27804 AT THE LOCATION DESCRIBED UPON THE ATTACHED MAP PREPARED BY VAN T. CHAMBLEE, REGISTERED LAND SURVEYOR, AND RECORDED IN 360k Page I L? NASH COUNTY REGISTRY: BEGINNING at an iron stake found. corner of Gerald W. Creekmore's property in the line of J.T. Coley's property, the northeast corner of Tract "E" of the Lewis Ricks Division; thence with the line of Creek:more's and Henry Lewis' -property through an iron stake found S. 34' 17' E. 749.9 feet to a nail and cap in the centerline of S.R. 1601, which nail and cap is also designated by an iron stake offset N. 34' 17' W. 65.38 feet in the northern edge of the right of way of S.R. 1601; thence with the centerline of S.R. 1601 to the run of Pig Basket Creek, the run of the creek being marked by a nail and cap in the centerline of S.R. 1601, 38 feet west of the end of the bridge where Pig Basket Creek crosses S.R. 1601 and the call along the centerline of the road being N. 32' 19' W. 615.47 feet to said nail and cap: thence upon the run of Pig Basket Creek to John T. Coley's corner, marked by an iron stake found on the east bank of Pig Basket Creek, the run of -Boo Pie- 6� Page 2 of 3 the creek being designated by calls along the creek bank as follows: N. 390 02' W. 370.51 feet to an iron stake; S. 730 30' W. 211.50 feet to an iron stake; N. 33 59' W. 171.07 feet to an iron stake found on the east bank of the creek, corner of J. T. Coley's property; thence crossing the Carolina Power & Light Company right of way N. 770 40' E. 650.55 feet to the point of beginning, containing 7.55 acres, more or less, and being the identical property conveyed to William Lee Chilton and wife, Georgette Adair Chilton by deed dated March 25, 1983, and recorded in Book 1.119, Page 120, Nash County Registry. When the property, or any part of this property on which solid waste has been buried, is conveyed, 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. See Closure Notice Recorded at Book , Page . Questions concerning this matter may be directed to the North Carolina Department of Environment and Natural Resources, Division of Waste Management, Solid Waste Section, P. 0. Box 27687, Raleigh, North Carolina 27611-7687." This Closure Notice 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 t<,�ome to the attention of the Solid Waste Section in the context of closure of non -conforming sites/open dumps, pursuant to 15A N.C. - Admin. Code 13B .0502. The sole purpose of recording this closure notice is to give actual and constructive notice to subsequent purchasers of the properr: described herein, in order to reduce any risk to public health or the environment from the improper disturbance of the waste. After recording, this original instrument, 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 225 Green Street, Suite 601 Fayetteville, V.C. 38301 "rry F. lover s Eastern Area Supervisor Solid Waste Section ames Rex Harris a -B0®K /6,q I Ll D NORTH CAROLINA COUNTY a Notary Public for said County and State, do hereby certify thatQ,�. personally appeared before (Eastern Area Su isor, Solid Waste Section, N.C. Department of Environment and Natural Resources) me this day and acknowledged the due execution of the foregoing instrument. Witnes$. my hand and official seal, this the 3 d day of 19 9 g ^ (OFi�I 5 gyp` a it : , } /�•� Notary Public c' " - w r - My comnssion expires: NORTH CAROLINA COUNTY I, c a Notary Public for said County and State, do hereby certify that •� e S K-e� {C �� personally appeared before me this day and acknowledged the due execution of the foregoing instrument. - Witness my hand and official seal, this the day of 0 J— , 19 '�Fa— . (OFFICIAL SEAL) / Notary Public aoaZ SANDY S. EDWARDS My commission expires: / f /-7 NOTARY PUBLIC --'— —�` NASH COUNTY, NC NORTH CAROUNA--NASH CWNTY. The foregoing owlifx�ale of Nolar(y) (ies) public is ;are) cent to carecL Tbn tt t'.vat presmled for registrauon and mcordeoin this oRice n Pape 6, y Book This�Ldey o! YN , 19 , al o'clock BARA/W. SASSER, R/.E�PISTER OF OEEOS By A.d. Oepuly Regmler of Oeeds ,y r�� Johnston County Parcel Report * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information. Tag.........: 16KO50OIX NCPin.......: 1699-01-2202 Mapsheet No— 1699 Owner Name..: FLOWERS, BILLY RODERICK Addressl.... : Address2.... : 4300 HIGHWAY 42 EAST Address3....: City ..... ._.: CLAYTON State.......: NC Zin......... : 275200000 Book........: 1564 Page........: 0899 .Acreage.....: 1.11 Market Val..: 120520 Information is valid **only** at state plane coordinates (NAD83) X Coordinate: 2190290.5 Y Coordinate: 691321.5 Township....: Wilders ETJ...... _. N/A City Limits_: N/A Soil Type...: PaE Fire Distric: Thanksgiving Flood Panel.: 37101CO115 D Census Tract: 1.11 1 inch = 2092 feet (The scale is only accurate when printed landscape on a letter size sheet with page scaling set to none.) 17—Nov-04 Johnston County Parcel Report * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information. Tag.........: 16JOS002M NCPin.......: 1689-90-5558 Maosheet No.: 1689 Owner Name..: FLOWERS, BILLY RODERICK Addressl....: Address2....: 4300 HIGHWAY 42 EAST Address3....: City........: CLAYTON State.......: NC Zio......... : 275200000 Book........: 1744 Page........: 0796 Acreage.....: 31.28 Market Val..: 85730 Information is valid "only`* at state plane coordinates (NAD83) * Coordinate: 2189773.7 Y Coordinate: 690681.8 Township....: Wilders ETJ......... : N/A City Limits.: N/A Soil Type...: CeB Fire Distric: Thanksgiving Flood Panel.: 371O1CO115 D Census Tract: 28.59 1 inch = 2092 feet (The scale is only accurate when printed .;, ,iN­ landscape on a letter size sheet with page scaling set to none.) 17—Nov-04 Tax Numbers '16KO5001G','16KO5001Z','16J04016A' * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. Scale 1 inch = 800 feet Date 18-Nov-04 (The scale is only accurate when printed landscape on a letter size sheet with page scaling set to none.) Tax Numbers '16KO5001G'.'16K05001Z'.'16J04016A' Query Item Number 1 Tag.........: 16K05001G NCPin....... : 1689-42-8121 Mapsheet No.: 1689 Owner Name..: FLOWERS, BILLY R Addressl.... . Address2....: 4300 HWY 42 EAST Address3.. City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1494 Page........: 0497 Acreage.....: 21.36 Market Val..: 74760 Query Item Number 2 Tag.........: 16K05001Z NCPin.......: 1689-43-3134 Mapsheet No.: 1689 Owner Name..: FLOWERS, BILLY R Addressl.... . Address2....: 4300 HWY 42 EAST Address3.... City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1494 Page........: 0497 Acreage.._..: 132.32 Tax Numbers'16K05OO1G','16K05OO1Z','16JO4016A' Market Val..: 351970 Query Item Plumber 3 Tag.........: 16J04016A NCPin....... : 1689-53-6128 Mapsheet No.: 1689 Owner Name..: PINE TREE GROUP LLC Addressl....: aGOLDSTON, JAMES D III Address2....: 11305 DERBY LANE Address3.... City........: RALEIGH State.......: NC Zip.........: 276130000 Book........: 1419 Page........: 0769 Acreage.....: 43.99 Market Val..: 129550 Johnston County Parcel Report * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information. Tag.........: 16KO50O1Z NCPin.......: 1689-43-3134 Maosheet No.: 1689 Owner Name..: FLOWERS, BILLY R Addressl.... : Address2.... : 4300 HWY 42 EAST Address3....: City........: CLAYTON State.......: NO Zip.........: 275200000 Book........: 1494 Page........: 0497 Acreage.....: 132.32 Market Val— 351970 Information is valid **only** at state plane coordinates (NAD83) X Coordinate: 2184614.2 Y Coordinate: 693422.9 Township....: Wilders ETS......... : N/A City Limits.: N/A Soil Type...: CeB Fire Distric: Archer Lodge Flood Panel.: 37101CO095 D Census Tract: 131.85 1 inch = 1525 feet (The scale is only accurate when printed f1 landscape on a letter size sheet with page scaling set to none.) 17—Nov-04 Dexter R. Matthews, Director November 15, 2004 Billy Flowers 4300 Highway 42 East Clayton, NC 27520 Dear Mr. Flowers: Natural Resources Michael F. Easley, Governor William G. Ross Jr,, Secretary Pursuant to the Administrative Consent Agreement and Settlement signed by yourself on January 8, 1999, you were required to pay a fine of $5,000. The Division has received your payment of $5,000. Additionally, you were to record a Notice of Open Dump on the deed of the property and file the accompanying plats. You have done this, as well. To the best of our knowledge, the conditions for compliance have been addressed satisfactorily. If you have any questions, please feel free to call me at (919) 733-0692 extension 261. Sincerely, Ethan Brown Compliance Officer Solid Waste Section cc: Lauren Clemmons, Assistant Attorney General Mark Poindexter, Field Operations Supervisor '1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone 919-733-49961 FAX 919-715-36051 Internet httr)://wastenotnc.orQ An Faual oun«rfunitV/ Affirmative Action Emolover - Printed on r)ual Pumose Rpcvcled Paner Page 1 of 1 Print : Series Name or Business I Reverse Marty 1 FLOWERS GL.ADYS W I FLOWERS BILLY RODERICK Book:01744 Page:0796 Instrument #:0020737 Desc:21.710 A WILD TWP E 2 FLOWERS BILLY RODERICK ( FLOWERS GLADYS W Book:01744 Page:0796 Instrument #:0020737 Desc:21.710 A WILD TWP File Date Type 9/15/1998 DEED o , 9/15/1998 DEED http:// 152.31.96.21 /Instruments. asp?Table=Land&Bases earch=BookPage&InputB ook=0... 11 /15/2004 MICHAEL F. EASLEY ATTORNEY GENERAL James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 wSTATE a :�► Co. J0VO-G r et(w,� State of North Carolina REPLY TO: Lauren M. Clemmons Department of Justice Environmental Division P. O. BOX 629 epiclem@mail.jus.state.ne.us RALEIGH Tel. (919) 716-6600 Fax. (919) 716-6939 27602-0629 August 20, 1998 y s Re: Billy and Gladys Flowers Dear Mr. Levinson: The last time we spoke, you were going to contact Mr. Billy Flowers in order to proceed with the real estate transaction between Mr. Flowers and his family members. What is the status of that transaction? As you are aware, we are waiting on the transfer of the property into Mr. Billy,, Flowers name so that we may proceed with the recording of the "Notice of Closure of an Unpermitted Solid Waste Site." If it does not appear that the transaction will be completed soon, then the only apparent option is to record the "Notice" based on the current ownership of the property. Please provide us with a time frame for the completion of the real estate transaction between Mr. Billy Flowers and his family members. The parties should keep in mind that the issue of the administrative penalty must still be resolved. The agency has three years from the date of the penalty in which to bring a civil action to recover an unpaid penalty. The agency would have to file such an action in this case before March 26, 1999. Mr. Flowers needs to complete his real estate transaction in the near future so that we may proceed with the "Notice" recordation and then discuss the penalty issue without the "bumping" into the agency's deadline for filing a civil action. Of course, if the penalty is resolved, litigation would be unnecessary. Thank you again for your cooperation in this matter. We look forward to hearing from you soon. Sincere , ours, Lauren Murphy Clemmons Assistant Attorney General cc Terry Dover Phil Prete Document 27085 CF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MA SOLID WASTE SECTION In Re: ADMINISTRATIVE CONSENT AGREEMENT Mr. Billy Flowers AND SETTLEMENT 4300 Highway 42 East Clayton, NC 27520 The North Carolina Department of Environment and Natural Resources (DENR), through its Division of Waste Management, and Mr. Billy Flowers hereby enter into this Consent Agreement and Settlement in order to amicably resolve matters which arise out rca Compliance Order with Administrative Penalty issued by the Division to Mr. Flowers on March 25, 1996. The Division issued this Compliance Order with Administrative Penalty pursuant to the North Carolina Solid Waste Management Act, and the rules, which implement the act, for violations more specifically described in the Compliance Order. Mr. Flowers has not requested an administrative hearing pursuant to N.C. Gen Stat. § 130A-22(e). The March 25, 1996 Compliance Order with Administrative penalty constitutes a final agency decision and DENR is authorized pursuant to N.C. Gen Stat. §130A-22(a) and (g)(1) to recover the unpaid penalty by instituting a civil action in superior court. In order to avoid litigation and to resolve the unpaid penalty, the Division and Mr. Flowers agree to the following Settlement: A. Mr. Billy Flowers agrees to pay to DENR $5,000.00 in Settlement of the administrative penalty assessed by the Division Director according to the following: 1. Full payment of the $5,000.00 is due and payable upon signing this agreement. 2. Payment shall be made by check or money order made payable to the North Carolina Department of Environment and -Natural Resources. B. The Division agrees to accept the payment of $5,000.00 in accordance with the terms and provisions of this Consent Agreement and Settlement as complete satisfaction of the $25,500.00 penalty assessed with the Compliance Order. The receipt of this $5,000.00 payment is acknowledged as evidenced by the signature below of the Director of the Division of Waste Management. C. Nothing in this Consent Agreement and Settlement shall restrict the right of the Division to initiate action against Mr. Flowers for any new or other violation of the North Carolina Solid Waste Management Act, the North Carolina Solid Waste Management Rules or any other law or rule. This document constitutes the full and complete Consent Agreement and Settlement and no other agreement or promises not included herein have been made between Mr. Billy Flowers and the Division. Agreed to this�+-L day of V , 19A Billy F wers Sworn to and subscribed to before me this day of d�.Q&41 o ary Public) ,� , 1 My Commission expires on: �j� William L. Meyer, Director Division of Waste Management Sworn to and subscribed to before me this / Z day of otar ublic) My Commission expires on: /a 2/ Z 6 o a (SEAL) a�®��w e000aoo o� p1ARys ate. 194. NOV. 15. 2004 10:36AM 25254 III Rccordloo Timc..eBooIi an[] not y /� TAM IDt No.............................................................. Partel Idendfier No. Verifiedby•....................................„...................,.,,....,.,... County os tale ................ day of ...,,...........-----,...... ..,...... ......... ,,. ID.-,....... by ................................ .................. ...........•................... Mall After recordist to ....,,File: Lryinson _........................................................ „ , .,..................,,,..,.,.,. ..............I............... ..........................................................................................................................................................................................................'„,,,,,.,,,,,., Thla instrument waA prepared by-A.t.torneY••-Sgme9,.,,R.,...Leviriatony................... t Brief deaerlptian for the Index 21.'(ip ILcres W1ldereTwe NORTH CAROLINA GENMAL WARRANTY DEED THIS DEED reads this ./kf, -.. do' of ....kjt at ...................... ............ ,..,., 3?...gg..... by and between GRANTOR GRANTEE Gladys W. Flowers Billy Roderink F,jawora 4300 Hwy 42 Clayton, NC 27520 NO.8822 P. 2 Enlax lh appnpvlala black far earn prrlY= ■..d, it .ppruyrl■ r, champitr a entity, r,e, enpardllpn IF pertnelgkv. Tho dailtnntlon Cranlgr and Grantee; as used herein aholl Inaltida Sold arHea, tittle hairs, mitmossere . 'hall Include aiairutµr, plural, maaeullne, feminina ae nautili--* tili- rd air., . gd aaol<nai and ', q d by costa:t. I• WITNESSETH, that the Crantur, fQr a vpluabla eanslderntion pnld by the Ctantea, tha eacelpt at which IN hereby + sckppwledued, hao and by these o"sontA does Brost, bargain, aalt and convey "qlb ilia Grantee is file Simple, oft that aert.in lot Ar parcel of lead aituatad In the 0V Qt ,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,............... ,...... ....i1JiUZ mr,e......:........,.,., Towh.hl >7A1A3A0 4b1.................. County, Norih Carolina and more pprtieulaely deam,lbed .a fa110wml That ccmin 21.710 acres deseribed.s the area In the 500 foot bufihrmttebitrtdrng mad *lpding the malid waif disposal sits area of 1.519ICle3my shown on the plat entitled `Solid wane Disposal Etta; aillyt R. 1`16wme t;iadya W. Rl Ors" by Amery C, Barbour, RU rocorded la Plu Book 52. Page 407, Wiiden Township, Johnston County lays Andexaropt thmlpmlon of the 21,710 acroa alreWy uwnW by Billy Roderick Flowers in Deed Book 156f, Pegs 199, Johntion Cextlty kegiatey. Tha fbllbvwidg reshicNona sun Vrid1 the entire 21.91d aer�i Them reatri�lon hay boon reached by agteemenl with the State "I Nolih Carolina Depmnm rat of Unvironmerit and NiNsml Resour}oq, pivilion efWask Maosgement , In accordance xtth the Compllanee Order with Administrative Penalty In the Msucr of Billy R. Flowers dated Much 2$,1990, 711; land idondFiadas "waste disposal 611e" ou the amp lacorded in plat Book 52, page 407 was A ilia used for didp I of stumps, Was, end canalrusdon and demolition debris, inalud[ngcarpet, palalad Atld treated wood, plallles, metals, and mlseallaneoum construction -mot. Itshall m longue be used ror ► di9p03111 site and no buildings, wells, of uptic tanks shall be placed on this "eq. The rim 250 fool are' around the solid witate disposal Site 11116M ih the map FCCWdtd in Plsl Boost Oa, Pace IN shall not have any wells, septle tanks, ar buildenga fmmths data of the Closure Notlee_ It maybe farmed, The mddltion■I 290 N91 bufrer around the solid wasto dll;poui site as shown in the reap rocorded in Piet Book 52, Page 407 shall not have hay wells or maN took; N. C. ON, Au Fam Nil,I019%.940.401077—®-a—au.. �.,�.,qr, *ras•�RNCroce wy,ra w Wes®+®IF Ib N. a tr dw..,w. NOv. 15. 2604 10:36AM NO, 8822 P. 3 UOU1744RAW 97 , The propsrly Wginabove deaorlbad was acquired by Grleator )1as ulaaht reeorded In..................._..,.............A map shewing the above desaribgd property is recorded ih P1.. TO HAV$ AND TO HOLD the n(oressld lot or parcel of land and all prlullegee and appurtenances thirsts haling ng to the Granted In fee Idelplc. Aka the Qrvlwr covenanLa with Lhe Grantor. that Grantor le seized of th4 premiam In fee ainmple, has the right Id eenvey the chile Ill fee simple, thaL Gila to msrk■table and frog and clear of all cnoumbrancos, sod that GrsnLor will warraht and World the Lkle usalont the iawlul claims of all peraan■ whomsoever exeeot for the Iaeeptlona harslnsftor rioted. Title le the property hsrtimbeve deeeribed is subject to Lho iohowin¢ escepllons: e•r .fie WLTNEIld WHIR¢®®, the Dr/elar had h.Lrunt. Bell h11 ha14 &Rd .idl, Yk N .o•.oL. I6....+cad +hl Indwne■I u •..6 •A !b W P v4 name or I■1 9.1y PWP■Haea Pfllea[f and IU JAI t■ a. h"',mW e{need ay aulhaNly .t IL■ aura ei R1r■el■el. W aIf of 91Ir rIr16 e■•Y. rtLµ.q p a ............................................................... pa _____ ____Gar✓ . .. ,;; ; „.....Jivm? 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Tsg T: t1miYVrlR I ass t EgCgx TNA7 iPS RAr os tl� A seVGEY a� GR s.Of AS � 7P'g eAq;t7W1K177tA' Or E�'/F4C YA9r1LS A RRY£Y 04 an#Ir R' ro JVlE � R97! � 4 R�1 Sf 78GCYPEdIA7X3rP I�.� •m7H� 0 PAQ S[YI +017 ecm �Ar +43xi¢� TAui 3.MIFITd4A P C --Ass "— J anmm ro a w atR?' own" iCSGLS s`2s- v [7 A AS4 SVIF fflw 213 S. SECOND STREET Z YR g,AE)0w P. O. BUK 28 o N' REGISTE LAND SN rHFlELD, N.O- 27577 q'ti Al � Tay $g` -'°*'em v avtr rt PZOAE45it r sols Ftvlsms ��Ij.j 989-62 93} 989-3®764 3 ��s ASURVEYOR 919 989-5643 FAX 4 ea SAMEN® W RY DPVM Bf AR8 Fes[ 6-5-9;7 d' = 2ml 9T- — NOV, 18, 2004 11:46AM NO.8902 P. 4 II C] 2VeA;5 acelre rax GUT BOOK 1 2Q 9 PAGE 169 State of North Carolina, :iced lot RefiWN11fn d l� M. .,®10&the Refishf a Deeds � / Ci Poe a pe f t9/� d Deeds Recording Time, neev And Pare Tax Lot No .................................. Parcel Identifier No. Varl&ad by .......... ....... : ............................................ ...... Countythe , on ... day of .......... ...... ....., f9.,....,..... by.. .................................. ....................................................... . .......... .. ..................... Slott After recording t6 ... ....... ., Silly R. ,Flowers ... J 3e ,,' 7--^ �.. ...... This tnserulnent was prepared by .. ...., LDCAS, ti1NTON, BRYANT 6 DENNING, P,A. (N0, TITLE. E7LIMIN,gTYON) grief description for the Index F Tract l 6 18 "Gladys W. flover6 roperty" NORTH GAROLINA GENERAL WARRANTY DEED THIS DEED made this 23rd- day of .May, „ , 1941 , by and between GRANTOR 1 GRANTER GLADYS W. FLOWER5, WIDOW COMMMOOF THIS PROPERTY HAS YES& MAY NOTED ON THE TAX RECOW, 6e o - AP 9/ TAX SUPER"SOR BILLY R. FLOWERS AND WIFE, SARAN FLOWERS Ehter In appruprlate &lat4 !ec R..h partr: mmo, add-t", and, u apprap,latt. rharartrr, of eauty, e.q. eorponatlea or psatnerenle. The dealgnation Grantor and Granted as used herein shall include said parties, their heirs, svereasora, and Assigns: and &ball include singular, plural, masculine, feminine or noular as required by context. WITNESS1ETH, that the Grantor, fnr a VAlunble eansill-Mlion paid by the Crania, the receipt of which is hereby acknowledged, ha& and by ►hose presents does grant; bargain, sell and convey unto the Grnnlde in fee simple, all that certain lot ur Pareel of fund aiumted in the City of Wilder& Township, Johnston t7vunty, North Carolina and more dcaeribad as fol7awA; First Tract; All of Tract Number 1 as shown on a survey entitled "Gladys W. Flovers Property" and recorded in Plat gook 311 Page 247, of the Johnston County Registry, containing 135 acres, Mora or leas, and being the propdxey shown in Weed Book 455, Page 381, of rho Johnston County Registry. $"Ond Tract: All of Tract Number 111 as shown on a survey enritled "Gladys W. Flowers Property" and recorded in Plat Book 31, page 247, Of the Johnston Ccunry Registry, containing 33 aeras. %Ore or less, and being more particularly deeccibed as follows; BEGINNING at a point in the eaneerline of N.C. Highuny No, 42, said point also being the northwest corner of a 77.6 acre trace recorded in Deed Book 485, Pape 627, and also being in the property line of the Mitchell Watkins Farm recorded in Deed Book 455, page 381; thence leaving the cencerline of N.C, Highway No. 42 as the line with the Watkins Fares in a northeagrarly direction approximately 1773 feet to a point: thencd in a southeasterly direetion approximately 1111 fact CO a poS,nt in the line of a 26 acre tract being the northwese portion of chat tract recorded in Deed Book 485, Page 627: thence as said 26 acre tract in a southwesterly direction approximately 450 feet co a pains in the centerline of N.C. Highway No. 421, thence no said centerline in a vesrerly direction Approximately 1450 feet to the point and place of beginning and eentaining 33 acres, more or less. A. C. star A—. rUfM N6,. U' 1 Wt. AMi�e 6- 1111 m,,e.. yas� a t,, ,n ,, ,i, •"..`.... C ]!C9] h] NOV, 18, 2004 11 : 46AM NO, 8902 P, 5 85oK 12 0 J FAGS t i J IT 15 UNDERSTOOD AND AGREED THAT NO CROP ALLIPTHENTS ARE BEING TRANSFERRED HEREWITH. The proparty, herhinaboob deanribed wag aagdlred by Grantor by instrument recorded In ............................ ...................„,................ A map showing the nhovd deoeribed property is recorded in Plat Book ... .,..... ......, page .............. ....... TO HAVE: AND T6 HOLD the aforesaid lot or pareel of land and all pricHeges and appurtenances thereto belonging to the Grantee In fee Simple. And the Grunter covenants with the Grantee, that Cvahtor In seized of the prcmlaes In fee simple, hag the right, Lo eohvey the same in foe simple, that title is marketable and freo and eleur of all aheufnbrahtlda. and that Crnntvr will warrant and defend the Lille against Ian lawful chu ns of all persona whtlsnmver axcept fur the dzceptians hereinafter stated. rorers�- horeinubuve dcacribed is subject to the [ollax�ing exceptluny; 1"ikte in the p IN WLTVR9fi WnER80t-• In, Gsantoe h., hereunto et bls hynd ana se L .r iA .....cast. ea. s rp.raee "s by Its duly sIIIII- land afrirers and ifs Seel I. ne hereuMu aflle ed h Ia.nr a i^s•d mle Inspumsns to ha Signed In lu a8.va vrineh. a au Y ^ (N roe rd of IlVectob• the der ana yes, rle+t ...................................... --------- LADYS W � lCoaPttPale Vamel ---• .............. 188rbLl FLOWERS Byt o --------------- _(SEAL) ATTEST: 3 ---- (REAL) . ....................:...,.. ... • " �.� Its --...... Secrreary la�fyarsle sea./ L./TAyfF r"tp w'dnru csaoLY�,v........ JOHNSTON............... cauaty. M�TAFIrY 1, a I04ry Yubtir ut Lhe Cuunls and state aforeaald, aril,, that raa� FL----- NI110Wa Grastar, oa— GLADYS W. rYBLIC �g 0e11°ally appeased brr.rr me Jhls day add acano.lrdred the eseautloa of the lMCWhr inetfula..#. Wltneu any r}} ry�.r{'r.Q� � _ty •asv p hand and alllelJl Items at seal. this A ;t-_. oar ^+......... .........._. naY,,,,•,-_...._, 19.._ 91 M+seslaen"rs� n �(� . p �yremnlisataneeplrrr.,lr],,;,^�. r-✓{�.ti.____..:L___!_ .. `••••• ....... .huey Pahlts UAL•STASO NnRTII CAROLINA................ .............. .. eo unty, 1. a 17e1.q tnba, al the noun, ana ataa ar.reul®, rr rtlfy Thal ......................... ewe x aers.nsYly h.J.q 'At still day and acEhawtedred that ._ • he is... ,'_•_•••, ••••__-_ - Seesaiaq ar a••••-------....s..,............................ ........ a ,North Carolled eorpofati.n, cad (hat by ahtheslry dnly F1ve" a^d e+ one aa[ .r the cerRetanah, the feterning Ihetrume¢t was signed In Its unie ay Its ............... = rsnidcaL, aealeo with If. sorporau lea) and att,aud hr as 11A ........ Wunase my hand And official camp of Atli, this _...... da} o< 37......_.. slyeammlad"^ eaplrer ...................................... ................................................ votary Public >'6a rererolnr r. rNflealslll of ...... _ .n............ , r-----.................. , ... _ Area. crrt � --- '........................... tint ea 0rwfta ` ex Yhss 1^•,erf^�fmg�nit' onoIo/l�Larr'.�r�a(ttiJa!a( F. duly reElusrrd at inn due an llsq RB the o8 a Parr .hewn an the ��� - - - '--•r••-•-^••--+f........ REGISTER OF aRa05 ` , ..• ..............................COUNTY nY.............................____________________________________Oepuly/Atslsemt- Re use at ¢reds PM 9 a NV Rft I �. Swell r MAY-19-04 04:00 PM GILHERT LAND SURVEYING 919 553 3663 P.01 1 Beginning at a right of way of NCSA 1704 thence along a property line with lot 15 Flowers Plantation S34-11-40W 431.92' , said point being the POINT OF BEGINNING; thence South25-26-16East, a distance of 280.101; thence North84-34-17East, a distance of 90.80'; thence South56-40-28East, a distance of 93.891; thence South52-25-27East, a distance of 115.90'; thence South32-20-40East, a distance of 65.481; thence South42-00-44East, a distance of 103.05'; thence i South63-33-22East, a distance of 26.881; thence Southl7-15-18East, a distance of 100.80r; thence South39--20-28West, a distance of 32.861; thence ;.� South43-57-14East, a distance of 74,.591; thence South20-25-56West, a distance of 69.431; thence ") South7l-22-56West, a distance of 50.651; thence r. 4 North89°-24-20West, a distance of 77.361; thence ,j South31-05--24West, a distance of 71..02'; thence South81-21-52West, a distance of 38.021; thence Southl4-39-55West, a distance of 74.331; thence Southl2-26-37West, a distance of 83.561; thence " South57-02-24West, a distance of 190.471; thence North82-24-50West, a distance of 139.461; thence North53-00-47West, a distance of 110.211; thence South79-11-11west, a distance of 21.4.551; thence North76-12-00West, a distance of 87,.51'; thence North47-58-45West, a distance of 165.72'; thence North08-14-38West, a distance of 74.46'p thence North37-25-04East, a distance of 129.941; thence North04-30-00west, a distance of 19;2.681; thence along the line of Lot 14 and Lot 15 as recorded in Pb 52 pg 224North34-11-40East, a distance of 702.78 to the POINT Off' BEGINNING, � said described tract being known as the Solid Waste disposal tract containing 16.21 Acres, {: more or less. -f�v� "-,� / n (� sir -- q -/ f r 11/01/2004 MON 13:58 FAX 919 550 3814 WALTHOM GROUP NW I Beginning at a point located in the line of Flowers Plantation as recorded in Pb 52 pg 224, said point being located South34-11-40West 431.92' from an 21P located on the southern right of way of NCSR 1704 said point being the POINT OF BEGINNING; thence along the edges of the landfill the following calls South25'26116"East, a distance of 280.10'; thence North84034117"East, a distance of 90.80'; thence South56'40128"Ea3t, a distance of 93.89'; thence South52'25'27"East, a distance of 175.901; thence South32020'40"East, a distance of 65-48'; thence South63*33122"East, a distance of 26.88'; thence South42"00'44"East, a distance of 103.051; thence South17015118"East, a distance of 100.801; thence South39'20128"West, a distance of 32.861; thence South43057114"EaStr a distance of 74.591; thence SouthM'25156"West, a distance of 69.431; thence South7l"22'56"West, a distance of 50.6510, thence North890241201YWest, a distance of 77.361; thence South31005124"West, a distance of 71.021; thence South81021152"West, a distance of 38.021; thence South14039155"West, a distance of 74.33'; thence Southl2'26'37"West, a distance of 83.561; thence South57002'24"West, a distance of 190.47'; thence Northe2024150"West, a distance of 139.461; thence North53"00147"West, a distance of 110.211; thence South79011111"West, a distance of 214.551; thence North76'12'00"West, a distance of 87.511; thence North47058145"West, a distance of 165.721; thence North08014138"West, a distance of 74.461; thence North37025'04"East, a distance of 129.94'; thence North04030100"West, a distance of 192.681 to a point in the line of Flowers Plantation; thence along said line of Flowers Plantation North34011'40"Easte a distance of 702.781 to the POINT OF BEGINNING; said described tract containing 16.21 Acres, more or less. According to Survey by Alsey J. Gilbert PLS entitled Survey for Billy R. Flowers dated 10/17/03. 11/01/2004 MON 13:59 FAX 919 550 3814 WALTHOM GROUP [a 003 1 Beginning at a point located in the line of Flowers Plantation as recorded in Pb 52 pg 224, said point being located South34-11-40West 431.92' from an EIP located on the southern right of way of NCSR 1704 said point being the POINT OF BEGINNING; thence along the edges of the landfill the following calls South25026'16"East, a distance of 280.101; thence North84034117"East, a distance of 90.801; thence South56040'28"East, a distance of 93.891; thence South52025127"East, a distance of 175.90'; thence South32'20140"East, a distance of 65.481,- thence South63'33'22"East, a distance of 26.881; thence South42000144"East, a distance of 103.051; thence South17015118"Rast, a distance of 100.80'; thence South39020'28"West, a distance of 32.861; thence So-uth43057'14"Eastt a distance of 74.591; thence South20025'56"West, a distance of 69-431; thence South71022156"West, a distance of 50.651; thence North89024'20"West, a distance of 77.36'1 thence South31005'24"We3t, a distance of 71.02'; thence South81021152"West, a distance of 38.021; thence Soutbl4'39'55"West, a distance of 74.331; thence Southl.2026137"West, a distance of 83.561; thence South57002124"West, a distance of 190.471; thence North82024150"West, a distance of 139.46'; thence North53000147"Weste a distance of 110.211; thence South79011'11"West, a distance of 214.55'; thence North76012100"West, a distance of 87.511; thence North47058145"West, a distance of 165,721; thence North08014'38"West, a distance of 74.46'; thence Nortb37025104"East, a distance of 129.941; thence North04'30100"West, a distance of 192.681 to a point in the line of Flowers Plantation; thence along said line of Flowers Plantation North34011140"East, a distance of 702.781 to the POINT OF BEGINNING; said described tract containing 16.21 Acres, more or less. According to survey by Alsey J. Gilbert PLS entitled Survey for Billy R. Flowers dated 10/17/03. NOV. 18, 2004 11:46AM NO.8902 P, 6 LA 5dt 448 f10 TAXARLE r,P" 'I'MAT10N Exalsa Tax .�.. �i :. Fury ! � ► BOOK 1 1 21 pnE 185 r.'Apo 1 .r .... Resordink TIM.. Hook and Pdga Tax Lot No . ............................................................... Parcel Identifier No. .................... .................................... ........... Varlfltd by .....,..,., ................... _............, county on the .. day of ......_ ......_ ... 19 .......... by.............................................................................. ........,............. ,... ........ .............. .................... p dd rr.. ,„ 7 �'.,7..G ........ ..... . ..... This Inatr recording V.......f..........r.......... NC....2.757.r..,...,,., ,, Mail afte rding to .—Jenkins. an Rinto -Drawer 449, .. Smith fie ruttiest was prepared by W...K, CLl„Mint „ .. Brief de=crlplinn for the Index NORTH CAROLINA G17NERAL WARRANTY DEED THIS DEED mode ON day of. January ... ,,,. 10 89 , by and between tr`$A:i 1016 GRANTEE Jimmy R. Fieuors, Jr. Billy P., Flowers hOPUZry Rakr In aaPmlorlato b*4 IV Wh party; na ale, address, and, 11 appVcp,tutr. rharor lrr of ,,q, ,orpe.ratlnn — patrnersble. Tha designation Grunter and Grantee as used herein shall inelude said parties, their heirs, successors, and nssions, unit ahall include singular, plural, lnnaculine, feminine or neuter as required by eantex6 W1TNE5SETH, that the Grantor, for a vAlunble consideration pall by Lhd Geanteo, the roceipt of which is hereby acknowledged, has and�by these presents does grant, bargain, sell and eanre}, unto the Grantee in fee simple, all that ceririn lot ur ptireel of land situated in the C;1Y of Township, Johnston Cuullty: tiorth Curnliaa ❑nd morn palrtirularly described us fullnwa: BEGINNING at a point being a common corner with she oouthwescern Corner of the tract convoyed to David Hilton Flowers recorded in Deed Book 576, Page 220, the southeastern corner of ghat 83.5 acre tract recorded in Deed Book 425, Pdge. 204 and Dned Bonk 441, Page 21, and the nor thveatere aoener of that 30 acre tract conveyed to David Milton Flowers recorded in Deed Book 1104. Page 65 of the Johnston County Registry and rune in a nouthweacorly direction with that [tact recorded in Deed Book 1104, Page 65 co a paint on the hank of the Neuse Aiveri thence runs as the bank of chi Newse River in a eorthweaterly direction to a point in the southern line aE that 101 acre tract reeordad in need Book 442, Page 232; thence as the southern line of the tract recorded in Deed Book 442, Page 232 and the tract recorded in Deed Book 4251 page 204 and Deed Book 4411 Page 24 in an easterly direction to the paint and pLaee of EBGINNIN6 and containing 20 acres more or less. , ; I U'e. Nc.,..•d . 1491 ..,..,,.,�...... ...... .. e . ,n a.e�>� .. a c �,,..n NOV, 18, 2004 11 : 47AM NO.8902 P. 7 a�oK 1. 1 Pd�c 186 4 The property hereinabdve described was acquired by Grantor by Instrumcai recorded it1 ...,,.. ,,,,,, A mnp showing the abeva described property is recorded in Plat Book ...... ..,,., ,„,•.,, page ......: ............... . TO HA�')f, AND TO HOLD the -fore-aid Ink or parcel of loud and All privildges and apDurtdhanenR thorete belonging to the Grantee in foe bimple, And the Grantor revenunte tr;th the Grantee, that Grantor is seized of the pramlAos id fee simple, has the right to eonee9 the name In Ice simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and dofond the LiLie against the lawful elUims of all persona whomsoever except for 1hd exceptions Iterelnnfter elated. Title to the pmver( herelnALntr described iA st'N"t to the foilowing eseaptiuns: IN w1TNE65 wit1f Mor• in, Omnlor eat arrrume ■er at, hails gun oral, yr 19 reryaratr, ha.; e.uaed Inlf 1.11t1hgte0 1. be Ipned lh Iv earparate name by n■ adty Authorized alfirm And ILL scol to he hereunto Pr+•sea n), a^rnwl}}}YYY'''}}}���r lu ,Loam al Mr.c n, file dPY and y!!P rune Above +rlleen. ..............................I........,.....----_-- . - .!•'.`' ---- - --•_' •i 7 --- -__.. __...._...(S@AL) trot ooelLe lial■r) r - etry f:. Flowers., Jr.'— Da':----•-------'---•............. .......................... :E - lseaU i .•..........................Pretidenr ATTEST: m ........ ................... •..........................__..___--.-•--•------•----......... y --dacr«ary ([or■vratr 5<etl 7. • "1'','• r'• r.(59AL) d EAL•ST,%MP 'Ne 1110 CAROLINA...... .>.O}1O6,GII�t...............•Canntr• v I l ,l . I•• L a Nvlarr r^bhe, of the C.^raLr a^d staae el.eeaala. e.LLIrY filet 9 _l.......r.{■e{oe. v .+enafb ahPehred hlfbe■ me Ole daY And aokllow)edted the 021"Ilan at the la[(itthtd inat�ah7rhF•w•ieietf my a hand and ouldal rump or .,AI, thlaal .... day of ......4X=44i---------- •^;.;_e_,Y1 ,69.'a�"' my commlaaloa <aytrsr:. ��'.).�J................. C �Ltil+-: A. ?�� tretcr7 rubll! 5EAf..STAALr NORTH CA80LINA- ............. -. ---•.----••GnunLr• � L, a Nu... Puhlta ./ the Cadaty ind BLit# lleroula, offlUT th■e........................................ a PerLlaelLy came b<rar. v.e ehL. hay end 11he<.1•IPde•d thal .... he 11 ........................... feemply of S a NoLth Caroll^a ea rvvotl.a, and thaL hr AUMorlty dub d{YSa a.. ee the ahL .r rtte rotpataLlen, [il< 1vr<delnd ma/eome^! blab Lirn■d In Ill name ey ILL ----------••.-• $ rrol)dene, It.11d With ite carparM IIPI and astellvd oy ........... ■a Ile ........................... SlerlYa7r• 5 N'tlnem mr head antl olllebt scams or ■e+4. 11,4 ---day v[ .... ............ .---------- It --------- Ply, eammlaaltlh beplriz! .. ............... NvOrr N1,11A The l.ndalnl CerLlll ra l<(e) a! .......... - - - -- ................... ...... f.•'y-- C Gt�t u`<r— — a ;- e w 16/are [< a { b rt{ zttu Inweomrnt and tUIP c•r RRGt9YDR or DBRDa r0 rLm< ^d t Lila Y ■n P■pe shown on the lard v to ea .,a�/f • f/jt/ Wlrab Pre holy reel.teua aL the dare end -••.................. .... COUNTY r Dr _____________________________ ____________________ DIPutT/AeslaHh{' Rc11 vl Dr■d■ Pra S _! — Reg, S Siarnp S N. C, eei .W.. Furor No.1,D 1916, and d.aIv79-r.munn•.mt■a •®., ■••.ty r.n,..m.,x c.o.ma r. move =ttLi 0 E 11 co z k El 1965 Tax 600,K 1 1l 9 4 PAGE C, 9 7 Stale of North Carolina, Joh a op Fit. r Registr f at, M. Regi a of Deeds 0tf}c I in the Roo ed r; Do __ 9 Page Ph Ilia N. Wall Register I Dee RecordSng 'nme, Hook and Fage Tax Lot No...................................................................................... ]�'arcel Identifier No. ..�. .. Q. ......................,...... Verifiedby ............................................ .................. �...... ,. County on tht.......... ...,.- day of ._., ....... ,.................... ........................ t9.__....... by._ . ........... ..... ........ .............. ................. .... ............................... ,...................... ................................. ............ Mail after recording to .�......,�`;9c"t" -�` .M1t:A4HH�t.,-P �:J IGLU [.dC/✓$'�.�1................................. ........................ ................. ...... .......Pj..................................................... n,i.,$1kk�Fll-y—G...�.rhF....�.�.�..�'--r:2 57............ �_� W �� —_�., ..Z .. 7 ................ This Instrument was prepared b GeOr a B. Mast Brief description for the Index 135 acres, 33 acres & 20 acres, Wi ers Twp NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ..1.1....i... day of ..................... 7/.. !......... B-1LY R. FLMRS and Sam WII3i0URN& 11OR S CONVEYANCE OF THIS PROPERTY HAS BEEN DULY NOTED ON THE TAX RECORDS, g r,� 1151 \ TAX SUPERVISOR Enter In appropriate block for each party: name, address, And, If appr _, by and between 11AA141 Gr, BILLY R, FIGIERS `i">C70 NAY' S`'.Z. psi GGnYTrw .��s1-a ;priate, character of entity, r..q, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singu ar, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by theae presents does grant, Ga, gain, sell and convey unto the Grantee in fee simple, all that certain lot or parce_ of land situated in the City of ..... ...,. `,, 1'l/.a..... _.. .......... W1lders ............. Township, .....JOhnStm..,:... County, North Carolina and more particularly deseribed as follows: First Tract: All of Tract Nunbex 1 as shoran-M a survey entitled "Gladys W, Flowers Property" ancT—rec0r in Plat Book 31, Page 297,` 6f- ng the Johnston County Registry, containing 135 acres, more or less, and being the property "shown in Coed Book 455, Page 381, of the Johnston County Registry. Second Pratt: All of Tract Mirtiber 1-13 as shown on a survey entitled "Gladys W. Flowers" and recor e in ' a Y3ook 31, Page 297, of the Johnston County Registry, contai.ni.ng 33 acres, more or less, and beingAP$txcularly described as follows: BEGINNING at a point in the centerline of N,C. Highway No. 42, said point also being the northwest corner of a 77.6 acre tract in Deed Book 485, Page 627, and also being i11 the property line of the Mitchell Waticdns Farm recorded in Deed Boole 455, Page 381; thence leavitlg_, the centerline of N,C. Highway No. 42 as the line with the Watkins Farniin a northeasterly direction approxitnaiely 1773 feet to a point; thence in a southeasterly direction approximately 1132 feet to a point in the line of a 26 acre tract, being the northwest portion of that tract recorded in Deed Book 485, Page 627; thence as said 26 acre tract in a southwesterly direction approximately 450 feet to a point in the centerline of N.C. highway No. 42; thence as said centerline in a westerly direction approximately 1450 feet to the point and place of BEGINNING, conl:aining 33 acres, more or less, N. l'. N, ,\v. r. p„n Na. 1�, Z 1977— C66K 11, 91+ PA6E 4 J 8 Third Tract: BEGINNING at a point, being a corari n1 corner with the southwestern corner of the tract conveyed to David Milton Flowers recorded in Deed Book 576, Page 220, the southeastern corner of that 83,5 acre tract recorded in Deed Book 425, Page 204 and Deed Book 441, Page 24 and the northwestern corner of that 30 acre tract conveyed to David Milton Flowers recorded in Deed Book 1104, Page 65 of the Johnston County Registry, and runs in a southwesterly direction with that tract recorded in Deed Book 1104, Page 65 to a point on the bank of the Neuse River; thence runs as the bank of the Neuse River in a northwesterly direction to a point in the southern line of that 101 acre tract recorded in Deed Book 442, Page 232; thence as the southern line of the tract recorded in Deed Book 442, Page 232 and the tract recorded in Deed Book 425, Page 204 and Deed Book 441, Page 24 in an easterly direction to the point and place of BEGINNING, containing 20 acres, more or less. In accordance with N,C,G.S. 50-20, this transfer of real property is intended to effectuate a distribution of marital property between the parties, and it is intended by the parties that this property shall hereafter be the separate property of Billy R, Flowers, and Sarah Wilbourne Flowers hereby releases any claim or right to said property. The property hereinabove des5y-ib d wan acquired by Grantor by instrument recorded in ........... .... ...... ........ ........ ........ _..... Book, 1209,...Pa e.169..and.Book„1121,.P'e...18.5.,...Joh?isGot�..Gc?ur>ky.iie�;z try .................................... .. A map showing the above described property in recorded in Plat Book ,....:i1.......... page .....297������• TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. , And the Grantor covenants 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 WHEBEOP, the Grantor has hereunto set his hand sad seal, or If torporate, nar a scd this instrument to be signed in its corporaname by its duly authorized offlcets and its rest to be here onto affixed by authority of its Board of Directors, the doy and year first above written. _______________________ J [,n d (Corporate Name) BILLY By: ------------------------------- __-------------------------- O _____________________________________________________________(SEAL) ------------------------------President w S/llitii"I WILBWRNE FLOWERS ATTEST: Wfi.(gis +g4 Ys•'-`•'-z •'---_ VIi(yL1Lf�___.___(SEAL' _____________ __ .____________---------------- _______------------- . ___________________________Scree Lacy (Corporate Seal) ------------------------------------------------------- (SEAL) .___________________------------------- _------------------------ (Corporate Name) a ---- ..-.._._-._____..------- ...------------------- .------- ._-__(SEAL) '. x By: -------------------------------------------------------- ,gf(SEAL) -------- ..President ATTEST: V ____________________________________________ __ _______________(SEAL) ------------------------ _____________________________ a a� --------------------------- 6ecretary (Corporate Be.)) . r� ______________________________________________(SEAL) 9 9 , ....'....,,,, r;.. , S f{l�ir�BTAhiP ''., f. i NO RTII CAROLINA. ......Johnston--- ....County. •. ..�;' r., ; � �f, a Notnrr rwrac or In, Connir And a>le aforefAId. rerun that ______________ • --"---- -- - Bill B.--Flowex-s.- ----•------------------------------•--------------------- Vipersonall y appeared brrnre me tilt day rid acknowledged the execution of lire foregoing Instrument. AYltness my ''j .'l: • ''• .., ••' 1, .,�• Nand and official stamp or real, lhl ...._ day of .._........ 19.94 m91C"i�/ S,t My commission ex piles; _-_,l�/�,�._{�.._......._ ----!"b/_6 _Notary Public Joh.ns ConNURTI . CAROIINA. ..... .......... County. D+,,r, r, �.. ;�,';,, • I. A Notary Public f the County and State aforesaid, carlify trial _ _ _ 4 . •' i"��: �i'1 ------Sa---- Wilbourne F'lvwexs-----------------------------------------•---.----•---- -rehear, • �:.;-:(.,. personally apDearld before me thlf lay nd Is I Aged the CxecUtion of the foregoing instrument. )illness my N ;'•.,,, ..,.'." .; ,9 ¢arid And of nrlal gLamp or Aea6 thLs� QJ"•1LA. --- day or -� _._--___-_ -•-.- __--... 19.9�jj Pitt: nl;li� hly cauto.lisle. nxDlres:5(=?..1._.R_)-------------• robot .--I--------_----�--Iy SEAL -STAMP NORTH CAROLINA. ......... _____---- _--------------- County. p i, a Notary Public of the Coon ly and Stale aforesaid, certify DIAL ___------------------------- __________ at U.I------------------------------------- _------------------------ _______---------------------- _______ Grantor, 1—sonally appeared before me this day and acknowledged the execution of the foregoing Instrument. )fitness my a 's hand and bfllcial stamp or seal, this day of Mycommission expire%I .______A____------------------- _______________________________________Notary Public SEAL. STAMP NORTH CAROIANA_ _____----------------- •._•----- ___County. aI, a Numry Public of the County and Star, Aforesaid, rr reify that -------- ....................... .......... m personally appeared brf., 'I, tits day And ark..wl,dKCd Lire ceecution of lire foregoing Inalrument, Witness my a -a hand and official clamp or seal, this ------ day of ............................. 19__-_-. Ai,y ronun lsslon expirel: ---------- ..................... ........................................Notary Public SEAL - STAMP NUKTII CAROLINA....................................County. 1, a N,Aary Pulllh: or the County and State aforesaid, -Arty heat ___ ------ _____________________________ c pereonally came III(— me this Jay And acknowledged that .... he Ia ----- _---------- ___-------- Secretary of r p.-...--------------- •-'--------- .---- ---------- --- ---- a North Carolina eo rpnration, and that by Authority duty �y given and of the A,( of the 'm,mialim" file loreguing luslrun+c ut n'Rs %ignrd in I" norm, by its ............... I'seAldrnl, Aralyd wiU, Its cored tale aeal and alleslesl by ..... ..... as Its ...... ........ Sec Pena r)•, W Itricas my hand and official stains. ur %cal, this ------ day of __________________________ 19..__.. lilyeuu,mif%Ion explreat __........... ______------------ ____________________ --Notary Pottle SEAL - STAMP NOUT11 CAROLINA. .......... ........................County. 1, a Notary Public of the County and Stale Aforesaid, certify lhal........................................... personally came before Inc Un, Ilay and acNnawledgetl that he Is --------------------------- Secretary of 'x , Nnrll, CA rol{na cnri—Afinn, and that by authority rl tsly DS gt:— and as file aM of the colpnrallon, the rote Fuln Iasi rri ni rlrl w'AS Sigurd in its y F name by 7 ---------- ]'resident, sealCA with Its norlro tale star and ALLcsICd by ........... as Its ...... ..... ......... ....... Secrrin ry. Witness my hand and official Ilan+p or seat, (his ------ day of -------------------------- 19_-__-• ,me I'Om, —PI rts: ---- _------------------- ---- _______________________________________Notary Public The foregoing Certificate(s) or ..-p` ,^ rtf+/rc�t'_s_•-_..1/.)!-. AMI --------------------------------- ---------------------- -- ...__------'-'______.__--_.......__--.........__....______-__••_____...__.. __... _... -------- _................... _........ _----------------------------------- ___------------------------- ________________ Istaro eerltfled to be torte". This instrument and this -11411ale are duly registered At Ili^ date and Umv. and In the !took end Page Alto— on the Orate t p}ge hrr of. �� '1 . PAT Ei ' / !r�..................IInPISyt.dmOOIiOStOr{ q r..............Pro. / _ - D"D Reg. $ .o $lamp S� ,�";C,lira°vmn,.OniMN,,..t,n111977-t nw.0 e.,. tAAn„,..Nanms \ e ntl n Y N C m. a•ne. - 19a 1 •� MMA NCDENR JAMES B. HUNTJR.'"- GOVERNOR I t NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND [NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT CERTIFIED MAIL RETURN RECEIPT REQUESTED CEIPT #P 060 836 335 October 12, 1998 o T 1998 e awed Mr. James R. Levinson, Esquire Sotid Waste Post Office Box 117 sectinf Benson, North Carolina 27504 RE: Closure Notice - Unpermitted Solid Waste Disposal Site Johnston County Dear Mr. Levinson: 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 (919) 571-4700 or Terry Dover at (910) 486-1191. Sincerely, rl 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. 'heara, Environmental Techmician Lauren M. Clemmons, Assistant Attorney General FAYETTEVILLE REGIONAL OFFICE 225 GREEN STREET, SUITE 601, FAYETTEVILLE, NC 28301-5043 PHONE 910-486-1 191 FAX 910-486-1791 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 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 CLOSURE NOTICE STATE OF NORTH CAROLINA BEFORE THE DIVISION OF WASTE MANAGEMENT COUNTY OF JOHNSTON DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LOCATED IN JOHNSTON COUNTY PURSUANT TO TITLE 15A NORTH CAROLINA ADMINISTRATIVE CODE CHAPTER 13B .0502(2), NOTICE IS HEREBY GIVEN THAT: ON THE HEREINAFTER DESCRIBED PROPERTY OF: 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. Notice 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 con.t of non- on,A=ing sites/open dumps, pursuant to 15A N.C. Admin. Code 13B .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 Conye ante 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 , Page . 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. 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 Book Page . 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 stursps,- 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, 2 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 fanned. 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." r Ter F. Dover Eastern Area Supervisor Solid Waste Section NO TH CAROLINA COUNTY a Notary Public for said County and State, do hereby certify that appeared before me this day and acknowledged the due exec ion �theforegoing instrument. Witness my hand and official seal, this the 1 day of d�V, 1998. My Commission expires: 0 3 (OFFICIAL SEAL) NORTH CAROLINA COUNTY certify that the due execution of the foregoing instrument. Witness my hand and official seal, this the My Commission expires: (OFFICIAL SEAL) Billy R. Flowers a Notary Public for said County and State, do hereby ____ appeared before me this day and acknowledged 0 day of 1998. I Ncrffi Carolina --- Tohnston County Ar r 4-1 19 4 A P Glass rAnd' CsMllle T------ 5 -------- by --------------- - ----------------------- ----- ---------- HIS DEED. made this S t ----- day of - ------------------ - --- — ---- ---------- A. D. 611 74. ------- e n c P nd" Gov v R � M,-7�np-um and 1,��lfe - - ------------ - --- — ---- - --- — -------- - ------------- — ------ - ------ — — -- - -- - ------ - --------- ---------- — ---- - --- ----- - ---------- - ------ - ------------- - --------- - --------------- ----------- - ------- ... J- s r -0 3. -1 mn ---- ------ of the first part, to_____._-_-_____._ ---------- -------- - -- ------------------- --Qn ---------- - - County and state of ---------- lr_ hU�__ ­w r s ----------- - -- - -------- — - -- - ----- - ------ — ---- — — — — - - ----------------------------------- - --- - ----- — - -------------- - ---------- - - --- --- - --------- - T --- of North '.-rol'n� -------------------------- of the second part: --- -- ------------- County and State .......................... I ...... ........ L " Li c� Y! -3 7,1 G! and t�o iu T a n L� e WlTNESSETH, That said-- A.- P --- G I nal vi I C P 71-e- - -,A_ ------- - -- __34i , -------- E-1-le-n-Rick-s_ ngur,,, -------------- -------------- ------- -------------------------- ------ - -- - ---- — -- - - - ------ — - - -------------- - ------------------------------- in consideration 0' 1_n_ x-_f Lfi,9 n )./I - — --- Dolla W---rs, r Gqd- . Floverz-- to -paid by -------- --- the receipt of which is hereby acknowledged, ha- -7 e____ bargained and sold, and by these presents do ------- -- ----- grant, bargain, sell and convey to said r he -------------- --- -- — ---- - -- heirs and assigns, a certain tract or parcel of land in Johnston County, State of North Carolina, adjoining the lands oi--. -------------- - ---------- - -- - - --- ---- others, and bounded as follows, viz.: " S, ZA 4, > 75ei-ninq Pt Ft31,,e on C-la,ytor Ro^d, corner of Lnt �1_7, in Vne ­v7sion 2� I e _T �he 7.4atson --�s riotter� b y 1 .7 Ellin��ton, See Of' roe n P e s t r 0- 7 I )eeds ofhe. ' Jonton Cointv, 3ool-� X-8, 7 a ve C 0 , r TJ n s tfarce 'A, I U LSO�' F;Did f 1 o' 7 *0 a sta-,e, corner ol - cnairo to stake, �h_nce 11no of i,lith line lot 37 r�� 10 C�"L` ' c' to t e T", " t !:I line of lots Orr r 01 10 7, -Tt--7 _TPk. , c le thence 1ith line of lot -"S 77-1 Prd ic') to a cteke or. Clayton Ho�, 7 p.nrl alon-g Kongto tl--a lbei,7 lot #22 con oc r�,nc! 'bein� the trPet- of 1.9nd. conveye'd to Morris Wptkins by tl-e Luc?S T 4, a nd recorded in 3ook W-8, �umber ';o-rnry b.7 dee� drter� De�!ember 19, IQK Cc telni, t`­e s�-,.rne lands conveyed lour 19(' of the Rec�istr,v of To�-mston o4d_ - iscion-,­_, by dee;1, daterd' t.ot"cle c-rentors herein by G A 1�artln, c o ­r 10 HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said- ------- v F P! o tie h e r -------- only i:se and behoof forever. - --------------------------------- --------- heirs and assips, to ----------- --- 'Ellen ?,�,cks I 1111� - . And the said A --- ---- to.- them -------- sel -I _e a_-__ and- . ---- t h e-ir ___-heirs, executors and administrators, covenant ---- - with said___ _-___- ------------------ ------------- e r q her e ------ ------ ------ ------- ----------------- --heirs and assigns, that--theY --an_ ____ ,;,ad of said premises in fee and. a - 1 Y 1 tht:Eght to convey in fee simple; t ple; that the same are free and clear from all encumbrances, and that - ne ----- do - -------------- --hereby forever h---e -- --- ­ - -c claims of ah cersons whomsoever. -------------------- --------------------- — ------------------ — ---- - --- — war ant and will fo-evel defend the said title to the same agaj�,sL t! --------- ----------------- ---------- - --------- ------------------------------------------------------------------ ---------------------- --- ------ ----- ----- - -------- ----------- --------------------------- -------- --------------- ---- ---------- P T �� n �7_111 nd wife C �_J ------ ---- - -------- - ----- m ----------- - ------- ----- - - - --------- - ------------------------------- ---- -i"ESTINIONY WHERE 017. the said 1� --- - I --- t their er, Ricke M P. n um ha, V �e_ hereunto se - ------------- hand--S--- and sea! _.-S, the day and year first above written. A _P is sn 2 ----------- (Seal) ------------- n.- (Sea!' n�u-r-n --------- ----------------- --------- -------- (SeaJ) ilex Ric'I--s q n -7 u m -- ---------- - ------ ------------- --------- ----- -------- I --- ---- -- ----- - 'Seal) ------------- ---------- ------------- ------- ---------------- I A-I-LeEz: ----- ----------- ------------------------ -------------- I -------------- -------- -------------------- ----- ----- --- --- ----- (Seal) ST IE vi. NORTH CAIROLIN A —Johnston County. -- ---- - -- ----------- --- 11.1 - -------------------- ---- Clerk of Superior Court, hereby certify that_ _-------------------- -------------- - ------------------------- ----- ---- anc --------------------------------- ----------- --- ------------ ---------- ---- -------his wife, personally appeared before me this day and acknowledged the due execution of the ---- d !)cc--' of Conveyance; and the said --- -------- y an.ntxt -- - ------------------------ --------- ------------ being by me privatei examined. separate and apare irom, hcr said iiusband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, -without fear or com- pu_lziun of her said husband or any other person, and that she cloth still assent thereto. Let the instrument, with this certificate, be registered. 'Xi,,r)ess ml hand, -1), A. D. 19_ day ot -_- --- ----- ------------ ---------------------- -------------- - --- - ---------------- - Clerk Superior Court ------------------------- S E Or' NoR 1-H CARULINA - -- -------- tTo�m atn r. --------------- ----- - ----- County s A G 1 P, s s F n 1 v 1, IF e C P, �-n e W G 1 a s C o r F, B e e Tv hereby certify that ----- --- ------------------------------ --- --- -------------------- -------- 24 ----------- -------------- and ackno,,yledged the due ` a -,ii.um --:3 ap�ieared before Tne this da� ------------ ------------ =_ R� xile, personall� --------- his I ea^r. e e n F i q k 's ' ' , , W. G, a E�,. s � a nd :ft�being-b� me privately ex ono -,eie ann,,xco. Deed of Conveyance; and the said__��.817 11. _. __ ------------------ - ----- ­ ---- ---------- -------- I ------------ ------------ cxain­nec,, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same freely and hout fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto. a Noi -tal, this 21, Ft . Ar r A. D., 19 4' (IN", P. Seal) day ol ---------------- ---- Co�a Se" le iveF itaess nil han, and - -arial S ---------------- N. P. My commission expires ----------- tla n . 2 101�7 — ------- - -- -- - ---------------------------- ---- --------------- ------------------ ---------- - --- - STATE 01' NORTH CAROLINA—Jolins[on County, -i I he foregonag certificate of --- --------- ------- --- --------------------- - -- ------------- ---------- , a --------- ---- ------ -- ------------------------------------- of -on County, Carolina, is adjudged to be correct. Let the instrument, with the certificate, be registered. stered. ---------------- -------- State of North Car. 11 1! ;� WiLness my hand, this__'21 ----------- day of ---------------------- A� ---------- - ------------ A. D. 19 t - ---- - -.n i V i:,o e e _- Clerk ------- - ---- ---------------- Clerk Superior Court 19 T at' I 773�,_ =d.,k - =N1., and registered of the office Filed for registration on the___ 21 - _______day of ------------ Anrll ------- - ---- - --- ------ . 19 ------------- at ------------- o'clock ---------- M. County, North Carolina, this. -- ---------------- day of of the Register of Deeds for Johnston W ------ I�T ----------------- . "; s '�,P F' "" e y --- — --- - ___-__----_—_Register of Deeds Tax Numbers'16KO5001Z','16J05002M','16KO5001X','16KO5001N','16J05002D','16K05001','16J050021','16J05002T,'16KO5001M',16K05025','16JO4016A' * * * DISCLAIMER * * * Johnston County assumes no legal responsibility for the information represented here. Scale 1 inch = 2092 feet Date 17-Nov-04 (The scale is only accurate when printed landscape on a letter size sheet with page scaling set to none.) Tax Numbers '16KO5OO1 Z','16JO5002M','16KO5001X','16KO50O1 N','16J050O2®','16K050O1','16JO50O21','16JO5OO2J','16KO5OO1 M','16KO5025','16JO4016A' Query Results Query Item Number 1 Tag.........: 16K05001Z NCPin.......: 1689-43-3134 Mapsheet No.: 1689 Owner Name..: FLOWERS, BILLY R Addressl.... . Address2....: 4300 HWY 42 EAST Address3..... City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 494 Page........: 0497 creage.....: 1 .32 Market Val..: 351970 Query Item Number 2 Tag.........: 16J05002M NCPin.......: 1689-90-5558 Mapsheet No.: 1689 Owner Name..: FLOWERS, BILLY RODERICK Addressl.... . Address2....: 4300 HIGHWAY 42 EAST Address3....: City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1744 Page........: 0796 Acreage.....: 31.28 Tax Numbers'16K05001Z','16J05002M','16K05001X','16KO5001N','16J05002D','16K05001','16J050021','16J05002416K05001M','16K05025','16JO4016A' Market Val..: 85730 Query Item Number 3 Tag.........: 16K05001X NCPin.......: 1699-01-2202 Mapsheet No.: 1699 Owner Name..: FLOWERS, BILLY RODERICK Addressl.... . Address2....: 4300 HIGHWAY 42 EAST Address3.... City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1564 Page........: 0899 Acreage.....: 1.11 Market Val..: 120520 Query Item Number 4 Tag.........: 16K05001N NCPin.......: 1699-01-2611 Mapsheet No.: 1699 Owner Name..: FLOWERS, BILLY RODERICK Addressl.... . Address2....: 4300 HIGHWAY 42 EAST Address3.... City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1564 Page........: 0899 Acreage.....: 11.47 Tax Numbers I6KO5001Z','16J05002M','16KO5001X','16KO5001N','16J05002D','16K05001','16J050021','16J05002416KO5001M','16K05025','16J04016A' Market Val..: 115720 Query Item Number 5 Tag.........: 16J05002D NCPin.......: 1689-70-7283 Mapsheet No.: 1689 Owner Name..: FLOWERS, JIMMY ROGERS Addressi.... Address2....: 1270 B NORTH BRIGHTLEAF BLVD Address3.... City........: SMITHFIELD State.......: NC Zip.........: 275770000 Book........: 2591 Page........: 0965 Acreage.....: 176.45 Market Val..: 483690 Query Item Number 6 Tag.........: 16K05001 NCPin.......: 1699-11-5331 Mapsheet No.: 1699 Owner Name..: TAFT ALLIE LIMITED PARTNERSHIP Addressl....: FLOWERS, PEGGY A Address2....: 4116 NC 42 EAST Address3....: City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 2090 Page........: 0781 Acreage.....: 255.15 TarNunnbeno'16KD5001Z'''1SJ85802M'.'10KO5801X','18KO50O1N','10J050U2D'.'1GK05001'''1GJ05O02|'''16J05UO2J','18K05801K4'.'1SKD5025','1GJ0401GA' Market Val..: 760760 Query Item Number 7 Owner Name..: DENSON, PEGGY FLOWERS 276150000 Market Val..: 60260 Query Item Number 8 Owner Name..: TEW, ALLIE Tax Numbers I6KO5OO1Z','16JO50O2M','16KO5OO1X','16KO5001N','16JO50O2D','16KO5001','16JO50O21','16J05O02J',16K05OO1M','16KO5O25','16J04O16A' Market Val..: 62810 Query Item Number 9 Tag.........: 16K05001M NCPin.......: 1689-92-8487 Mapsheet No.: 1689 Owner Name..: FLOWERS, JIMMY ROGERS Addressl.... : Address2....: 4116 NC 42 EAST Address3....: City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1507 Page........: 0275 Acreage.....: 4.02 Market Val..: 132620 Query Item Number 10 Tag.........: 16K05025 NCPin....... : 1699-14-8900 Mapsheet No.: 1699 Owner Name..: FLOWERS, REBECCA D Addressi.... : Address2....: 4880 NC 42 EAST Address3.... City........: CLAYTON State.......: NC Zip.........: 275200000 Book........: 1789 Page........: 0784 Acreage.....: 253.08 Tax NumbersI6KO5001Z','16J05002M','16KO5001X','16KO5001N','16J05002D','16K050011,'16J0500211,'16J05002J','16KO5001M','16K05025','16JO4016A' Market Val..: 616930 Query Item Number 11 Tag.........: 16J04016A NCPin.......: 1689-53-6128 Mapsheet No.: 1689 Owner Name..: PINE TREE GROUP LLC Addressl....: %GOLDSTON, JAMES D III Address2....: 11305 DERBY LANE Address3.... City........: RALEIGH State.......: NC Zip.........: 276130000 Book........: 1419 Page........: 0769 Acreage.....: 43.99 Market Val..: 129550 o NORTH CAROUN�A DEPART�IENT OFENVIRONNNIENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGE-IMENT SOLID WASTE SECTION In Re, Billy Flowers ADMJNJSTR�-�TIVE CONSENT AGPEEMF-NT Mr, AND SETTLEMENT 4300 Highway ?East Clayton, NC 275'20 -NR), throuab its Division of `Waste Management, and 'N'vtz'- Billy Flowers hereby enter into this Consent Agreement and Settlement in order to amicably resolve matters which arise out of a Compliance Order with Administrative Penalty issued by the Division to Mr. Flowers on'Vlarch 25, 1996, The Division issued this Compliance Order with Administrative Penalty pursuant to the North Carolina Solid Waste Management Act, and the rules, which implement the act, for violations more specifically described in the Compliance Order, MT- Flowers has not requested an administrative hearing pursuant to N-C. Geri Stat- 130A-22(t). The -,March 1996 Compliance Order with Administrative penalty constitutes final agency decision and DENR is authorized pursuant to N.C. Gen Stat. § 130A-22(a) and -f (11 action in superior court. In order to to recover the unpaid penalty by instituting a civil a id penalty, the Division and Mr, Flowers agree to the avoid liti,(Zation and to resolve the unpaI foljotnqng Settlement'. A. N-ir. Billy Flowers agrees, to pay to DENR $5,000-00 in Settlement of the L- asse5sed by the Division Director accordingto the following: I . Full payment of the S5,000,00 is due and payable upon signing this agreement. 2. Payment shall be made by check or money order made payable to the North Carolina Department of Envirorimerit and -Natural Resources. B. The Division agrees to accept the payment of $5,000.00 in accordance with the terms and provisions of this Consent Agree,n-ient and Settlement as complete satisfaction Of the $25,500.00 penalty assessed with the Compliance Order, The receipt of this S5,000.00 payment is acknowledged as evidenced by the signature below of the Director of the Division of Waste Management. C, Nothing in this Consent Agreement and Settlement shall restrict the right of the Division to initiate action against Mr. Flowers for r-,- f- r)—(-) T J —C T C - VD I I I W -1[d any new or otl%Qr violation oC the North Carolina Solid Waste \ManagertiLnnt Act, thc North Carolina Solid IN aste MtLna�;enlent F.eulc:s or any other law or rule. This docurnent constitutes the Cull and complete Consent Agreement and Settlement and no other agreement or promises not included herein have been made between Mr. Billy Flowers and the }division. Ageed to this day of 'My FIowen 199 Sworn to and subscribed to before me this day of , 199 (Notary Public) my Commission expires on: William L. N-iever, Director ]division of Waste Nl:anaaement Sworn io and subscribed to before me this daly r.r m� �, 1q9_ (Notary Public) �Iy Comrni;sion e-xp!Te5 on: (SEAL) b0 •� �b:t; F,E �{ 1-1LD f '69-�3Z�.-,�F,:;rF'� �H,dil'.I1J ),3I'-1��011H :=1pd any new or other violation of the North Carolina Solid Waste Management Act, the North Carolina Solid Waste Management Rules or any other law or rule. This document constitutes the full and complete Consent Agreement and Settlement and no other agreement or promises not included herein have been made between Mr. Billy Flowers and the Division. Agreed to this U day of �(A, 1991. t { � A Billy F� rs Sworn to and subscribed to before me thi (Notary Public) My Commission expires on: William L. Meyer, Director Division of Waste Management Sworn to and subscribed to before me this / y Publ' My Commission expires on: !c 9 r w o o (SEAL) day o 1 A day o , 199. State of North Carolina MICHAF-L F. EA_%LeY Departi-rent of )ustice ATTORNEY GENERAL P. 0, BOX629 RALEIGH :�7602-062,5) January 6,1999 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re- Billy Flowers Settlement Agreement Dear Mr, Levinson: REPLY TO: Lauren M. CICM1110tls Cr%vironmencal Division epiclr,m@mail,jLls"state.nc.us Tci. (9 19) 7 t (3-6600 Fax, t919) 716-6939 -r�t)closed pare. "11- conies of an Administrative Consent Agreement and Settlement that defines the resolutions Qf our discussions with you. and your client. After re\.' i e J�7ing the Agreement, please have your client sign both copies in the Presence of a Notary Public and have both copies aotarized. Please return both copies with the full payment of $5.,000,00 to me. I will hold your client's payment pending the Division Director's si-nature of the agreement. We will return one copy to you after it has been signed by the Division Director, Please feel free to call me if you have any questions. Enclosure c Phil PTete Sincerely yours, Lauren Murphy ClenZmons Assistant Attorney General )-.3,131iiH J 'J IP -L I , NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION In Re: Mr. Billy Flowers ADMINISTRATIVE CONSENT AGREEMENT 4300 Highway 42 East AND SETTLEMENT Clayton, NC 27520 The North Carolina Department of Environment and Natural Resources (DENR), through its Division of Waste Management, and Mr. Billy Flowers hereby enter into this Consent Agreement and Settlement in order to amicably resolve matters which arise out of a Compliance Order with Administrative Penalty issued by the Division to Mr. Flowers on March 25, 1996. The Division issued this Compliance Order with Administrative Penalty pursuant to the North Carolina Solid Waste Management Act, and the rules, which implement the act, for violations more specifically described in the Compliance Order. Mr. Flowers has not requested an administrative hearing pursuant to N.C. Gen Stat. § 130A-22(e). The March 25, 1996 Compliance Order with Administrative penalty constitutes a final agency decision and DENR is authorized pursuant to N.C. Gen Stat. §130A-22(a) and (g)(1) to recover the unpaid penalty by instituting a civil action in superior court. In order to avoid litigation and to resolve the unpaid penalty, the Division and Mr. Flowers agree to the following Settlement: A. Mr. Billy Flowers agrees to pay to DENR $5,000.00 in Settlement of the administrative penalty assessed by the Division Director according to the following: Full payment of the $5,000.00 is due and payable upon signing this agreement. 2. Payment shall be made by check or money order made payable to the North Carolina Department of Environment and Natural Resources. B. The Division agrees to accept the payment of $5,000.00 in accordance with the terms and provisions of this Consent Agreement and Settlement as complete satisfaction of the $25,500.00 penalty assessed with the Compliance Order. The receipt of this $5,000.00 payment is acknowledged as evidenced by the signature below of the Director of the Division of Waste Management. C. Nothing in this Consent Agreement and Settlement shall restrict the right of the Division to initiate action against Mr. Flowers for �Z•1101111l1�]���[�►i��•7�7 CLOSURE NOTICE BEFORE THE DIVISION OF WASTE MANAGEMENT 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: 2) DEVELOPMENT AND CONVEYANCE RESTRICTIONS EXIST ON THE HEREINAFTER DESCRIBED PROPERTY OF: AT THE LOCATION DESCRIBED UPON THE ATTACHED MAP PREPARED BY P GGT 2 6 15931 DIVISION OF WASTE MMIAuEEMIE NT FAYE THILLE REGIONAL MIGE JIMMY C. BARBOUR, REGISTERED LAND SURVEYOR, AND RECORDED IN PLAT BOOK 52, PAGE 407. Notice 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 0 &1 1�ii i �f k 0 I iiJ 4t u 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 2 , Page��—. 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. 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 Book f_;7f� 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. IN 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." I�t Te F. Dover Eastern Area Supervisor Solid Waste Section NORTH CAROLINA COUNTY I, �® Q , a Notary Public for said County and State, do hereby certify that appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the day of 1998. My Commission expires: e -.31, --00 3 ,o LI a.M ♦a�P.Vo �.f•�"{J�RB i���k55��4 �. JUai i Eili � . 'lowers NORTH CAROI,INA c� I _SC\A ^ COUNTY I, q)G " e\ e_ S. W . i I , a Notary Public for said County and State, do hereby certify that ig'd R _ P \�� �'j S appeared before me this day and acknowledged the due execution of e foregoing instrument. �L Witness my hand and official seal, this the i s day of �} cs4y�C,•� �r , 1998. My Commission expires: (OFF ;EAT State of North Carolina -Johnston County The forepoino certificate(s) of Notary (Notaries) Public is (are) certified to be correet. This instrument 0 resented for i tration and remnied in Book(:Page This,.® 3 nt O 0 Phyllis N Wall Register of Deeds Deputy Rqister of Deeds 2 'V �y wn State of North Carolina MICHAEL F. EASLEY Department Of Justice ATTORNEY GENERAL P. O. BOX 629 RALEIGH 2 i602-0629 August 20, 1998 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re: Billy and Gladys Flowers Dear Mr. Levinson: REPLY TO: Lauren M. Clemmons Environmental Division eplclem@maii.jus.state.ne.us Tel. (919) 716-6600 Fax. (919) 716-6939 The last time we spoke, you were going to contact Mr. Billy Flowers in order to proceed with the real estate transaction between Mr. Flowers and his family members. What is the status of that transaction? As you are aware, we are waiting on the transfer of the property into Mr. Billy Flowers name so that we may proceed with the recording of the "Notice of Closure of an Unpermitted Solid Waste Site." If it does not appear that the transaction will be completed soon, then the only apparent option is to record the "Notice" based on the current ownership of the property. Please provide us with a time frame for the completion of the real estate transaction between Mr. Billy Flowers and his family members. The parties should keep in mind that the issue of the administrative penalty must still be resolved. The agency has three years from the date of the penalty in which to bring a civil action to recover an unpaid penalty. The agency would have to file such an action in this case before March 26, 1999. Mr. Flowers needs to complete his real estate transaction in the near future so that we may proceed with the "Notice" recordation and then discuss the penalty issue without the "bumping" into the agency's deadline for filing a civil action. Of course, if the penalty is resolved, litigation would be unnecessary. Thank you again for your cooperation in this matter. We look forward to hearing from you soon. S*ncerejy4ours, Lauren Murphy Clemmons Assistant Attorney General cc Terry Dover Phil Prete Document27085 G 1 0 Q['p@ F� 2. ^'yk MICHAEL F. EASLEY ATFORNEY GENERAL State of North Carolina Department of Justice P. O. BOX 629 RAL.EIGH 2 7 602-0629 April 29, 1998 James R. Levinson, Esquire Post Office Box 117 Benson, North Carolina 27504 Re: Billy and Gladys Flowers Dear Mr. Levinson: REPLY TO: Lauren M. Clemmons Environmental Division eplclem@mail.jus.state.nc.us Tel. (919) 716-6600 Fax. (919) 716-6939 I am writing to follow-up on our letter to you dated March 23, 1998, concerning the survey map which you provided us, as well as the proposed language for the deed. As you may recall, we indicated that the survey map would need to be changed to show an additional 250 foot buffer extending from the original 250 foot buffer, thus bringing the total buffer to 500 feet. We also submitted revisions to your proposed language concerning restrictions on the use of the property. Please advise on when you expect the changes to the survey map to be completed. Also, we would appreciate knowing whether our revisions concerning the restrictions on the use of the property are acceptable. If your schedule reasonably permits, we would appreciate hearing from you by May 8, 1998. Thank you again for your cooperation in this matter. Sincerely yours, Lauren Murphy Clemmons Assistant Attorney General LMC:gg cc Terry Dover Phil Prete 24444 MIN _,t,cjt,e, of Nortl) Carolina REPLY TO: Lau= M, 010MMOns D(IT-RIMI'lef - I ( of J jstice EnvlroAjtental Divvsion MICHAEL P. EASLEY P. o. BOX 620 i�pictcrn@mailitis.st2it)�.nc.us ATTORNEY C7,FNaRAL Tel. (919) 716-6600 RALEIGH Pax. (919) 716-6939 27(")O—z,0629 March 23, 1998 James R. Levinson, Esquire Post office Box 117 Benson, North Carolina 27504 Re: Billy and Gladys Flowers Dear NV. Levinson: My client has reviewed the survey map which you provided us, as well as the proposed language for the deed. There are several changes needed in these documents. First, the survey map fails to show an additional 250 foot buffer extending from the, S original 250 foot buffer, thus bringiag the total buffer to 500 feet. Ule tote's agreement to allow Mr. Flowers to close this site in place, in lieu of removing the, waste, is Contingent upon the 500 foot buffer. The survey map will need to be changed to show this additional 250 foot buffer (It is interesting to note that the, survey map was revised on 9/25/97 to show the 500 foot buffer, but later revised on 10/21/97 to remove. the 500 foot buffer). Second, the, deed language will need to be revised to add a restriction concerning the additional 250 foot buffer, as well as to show that the restrictions on the use of the land are not limited in duration. )ATe suggest the following language: This Testriction has been reached by agreement with the State of North Carolina � Department of Environment Ht4th-aR446-'atx =.d Natutal Resources, Division of Se4d Waste Wnagement, in accordaiice with the Compliance Order with AdIninistrative Penalty in the Matter of Billy R. Flowers dated March 25t1-1 1996. -9 -iiU 60 ' d �0: ZT 86, �Z .DPW 6,-,'(1) -9TZ-6T6:X2A �H��31%119 )-.311,80 1-1 James R. Levinson, Esquire March 23, 1998 Page 2 The land identified as "waste disposal site" on the mapreco rd9L1L-- Book.navze �YKA site USQd fgr jr� 1;1�1�;11%1� I I I � I � � I I � I 3M4 DEEM 01Mti debris. including comet, painted and treated w!pod, plastigs, metals- and miscellaneous- ns-tructionwasteSL It shall no loner be used for a disposal site and no building, wells, p_r septic tanks ean as be I -V JhC_QQ&jLe of cg.. The-dW250 foot area. around the solid waste disposal site as shown in the OW37 WOO M I wells, septic tanks, or &Iier buildings from the date of i of the Closure Notice. It may be farmed. lb-qfoo t )t butter AWjjnd_the_ solid waste disposal site as n him, any -wells or septic tanks. :ftQM the date -.Q. e Closure Notice. We believe that the above changes reflect the, settlement agreement Which the parties reached in May of 1997, This restrictive language will be placed in the closure notice and be required to be included in any subsequent deed transfers. In light of the delay, we would like to move forward as quickly as possible to resolve these matters. Please send the revised survey map to me and I will forward it to my client. 1 r� G 8 0 - i 20'd 20: 7- T 86, 2Z JPW 6�-,69-9TLI-6TIS:X2A �H,�3N39 ANJI- DI] James R. Levinson, Esquire March 23,1998 Page 3 Thm* you for your cooperation in this matter mid we look forward to hearing from you soon. Sincerely yours, Lauren Murphy Glom mons Assistant Attorney General MEW cc Terry Dover Phfl Prate Document 23495 6 84� Orf]5 Vo "-d VO: 7�T 86, 2(� JPW 6�-'-69-9TZ-6T6: XPA �HJIN39 A.31-,,I',JOiib '--)N From: "PJ Prete" <nlnw328@wastenot.ehnr.state.nc.us> Organization: SOLID WASTE MGMT. To: LAUREN CLEMMONS <EPLCLEM@MAIL.JUS.STATE.NC.US> Date sent: Fri, 6 Mar 1998 09:42:59 EST Subject: Re: billy flowers Send reply to: pretepj@wastenot.ehnr.state.nc.us Copies to: tDover@fro.ehnr.state.nc.us, "Misty Franklin" <franklin@wastenot.ehnr.state.nc.us>, N1 Nw321@rro.ehnr.state.nc.us Priority: normal Thanks Lauren. I will ask Terry / Robert to let you know when the recordation is accomplished so that we can go ahead and schedule a meeting. I would really like to get this one closed. -Phil cc: Terry, Robert, Misty URMT Ill EW=641 • Date: Fri, 06 Mar 1998 09:24:46 -0500 • From: LAUREN CLEMMONS <EPLCLEM@MAIL.JUS.STATE.NC.0 • To: pretepj @wastenot. ehnr. state. nc. us • Subject: billy flowers I • Spoke with Jim Levinson, Flower's attorney. He told me he does • represent Flowers in penalty part of case. I guess that answers the • question of who to invite to the meeting. He said he'd be happy to • disucss the penalty after the survey and notice is recorded. Philip J. Prete NC Division of Waste Management 401 Oberlin Rd. 04 "a VO4me B-low 7194773-TIT9171 From: "PJ Prete" <nlnw328 @waste not.e h n r.state. n c. us> Organization: SOLID WASTE MGMT. To: LAUREN CLEMMONS <EPLCLEM@MAIL.JUS.STATE.NC.US> Date sent: Thu, 26 Feb 1998 12:35:48 EST Subject: Billy Flowers file Send reply to: pretepj@wastenot.ehnr.state.nc.us Copies to: epriong@mail.jus.state.nc.us, tDover@fro.ehnr.state.nc.us, "Misty Franklin" <franklin@wastenot.ehnr.state.nc.us> Priority: normal Ryke and I were discussing the Billy Flowers open dump case the other day. There are still several outstanding issues with this case: recordation of the site penalty settlement Ryke said that he had the necessary paper work, including the survey, to record this site and would pass the file on to you. If he has not done so already, please request that file and a briefing and advise what we need to do to record it so we can then get back together with them to settle on the penalty. This is a moldy case that I would like to settle. Many thanks. -Phil cc: Terry, Misty, Ryke Philip J. Prete NC Division of Waste Management 401 Oberlin Rd. Raleigh, NC 27605 919-733-0692 ext 252 pretepj@wastenot. ehnr. state. nc. us DIVISION OF WASTE MANAGEMENT Solid Waste Section May 23, 1997 ►i�1�1►� ���7��1i111►� 1 TO: Terry Dover, Field Operations Supervisor FROM: Robert Hearn, Environmental Technician 7�0 SUBJECT: Flowers Non -conforming Site Demonstration Holes (Johnston Co. N/F) On March 13, 1997, Mark Fry and I met with Mr. Billy Flowers to inspect demonstration holes at his non -conforming site on the Gladys Flowers property off Hwy 42 in Johnston Co. No one else was present. Mr. Flowers operated a back hoe and dug fourteen holes at places of our choosing. Mr. Fry took several photographs to document this operation. Ten of the fourteen holes dug that day revealed substantial amounts of construction and demolition -type waste similar to that observed previously at this site. Three holes had minor amounts of waste in the top two feet or so. Only one hole produced clean soil with no waste material visible. Many of the holes revealed that the waste had been capped by two to four feet or more of soil material. Waste materials commonly observed at these demonstration holes included: painted and unpainted wood, particle board, plywood, sheet plastic, vinyl siding, insulation foam, electrical wire and cable, asphalt shingles, metal binding straps, corrugated cardboard, vinyl flooring, plastic buckets, PVC pipe, silt fence material, iron pipe, rubber hose, drink bottles and cans, etc. cc: Phil Prete Mark Fry 02, 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Lr:vrvSON, LIr VrNS;0N &II;��rc�n AT TnPNFV7, AND (;011 rI F,FI LORS AT t Aw o1=FICFs P.O. BOX 11 7, BENSOrd, N.C. 27504 JOSEPH H. LEVINSON E11101'IF 19191 894 1518 2I9 JOHNSTON ST.,'iMIIHFIEI_ D. N.0 27577 JAMES R. LEVINSON (919) 894 3466 TFLEP14ONE (9191 934 sr-,, J, LEE HATCH FAX N0. 1919) 894-4108 FAX NO. (9191 934,5110 CAROLE B. COOPER ---- 245 N. LAKE PARK BLVD, P.O. BOX 323 CAROLINA BEACH, N.C. 28428 TELEPHONE (9101 45e 6367 FAX NO. (91O) 458 4883 November 7, 1996 Terry F. Dover State Division of Waste Management 225 Green Street Suite 601 Fayetteville, NC 28301 Re: Billy Flowers -Gladys Flowers Dear Mr. Dover: This is to confirm that we will give you 24 hours notice, after which you will have Robert Hearn or yourself present at the property to instruct the backhoe operator where to dig while you are present approximately eight pits approximately 10 feet deep on the property. If nothing is found in these pits, the pits can be immediately recovered and the farm will be passed as far as the 3-25- 96 compliance order to remove. If something significant is found, the removal would need to be to Johnston County Landfill or the Holly Springs Demolition Center, with your personnel further- inspecting the site for removal of whatever had been found in the test pit. Please let me know if this is acceptable and we will arrange for the backhoe and contact you about a date. Mr. Flowers is reluctant to go to the expense of digging another set of holes because he got the machine and dug the last set exactly where Mr. Hearn personally showed him to dig. Yours rfi�y, ames R. Levinson JRL:ppw facsimm-He T,RA_,NSMITT AL to: i��, ,e_ vi •, s� fax re: /0 o me 5- �< date: — pages: — , including this cover sheet. Comments c• et L ' Lgst C 07 S / C/�l,-i h d From the desk of Terry F. Dover Eastern Area Supervisor Solid Waste Section 225 Green St., Suite 601 Fayetteville, N.C. 28301 (910) 486-1191 Fax: (910) 486-1791 CONTINUED FROM PAGE 1 B at least a year on land that belongs to his mother, Gladys Flowers, off KC. 42 near Clayton. Terry Dover, eastern area super- visor for the solid waste section., wart of DEHNR. said dennun of the tiatbed truck piled with construction waste and told the driver the site was not a permitted dump. The dri- ver, working for Jerry Beasley Grading & Hauling of Clayton, drove on through the property and was photographed dumping the mate- rials there. Beasley later told an investigator he had been paying Flowers $80 for every single -axle truck load and $85 for a tandem -truck load, and said he From: "PJ Prete" <nlnw328@wastenot.ehnr.state.nc.us> Organization: SOLID WASTE IVIGIVIT. To: FLYNNLC@WASTENOT.EHNR.STATE.NC.US Date sent: Wed, 26 J u n 1996 16:40:02 +1100 Subject: (Fwd) Billy Flowers Site Priority: normal Lee - FYI and file. -Phil ------- Forwarded Message Follows ------- From: Self <NRONA01/N1NW328> To: MEYER BILL Subject: Billy Flowers Site Cc: Dover Terry, m atthewsd r@waste not. eh nr. state. nc. us Date: Wed, 26 Jun 1996 15:3924 +1100 B Terry met with Billy Flowers today. They are gg him until July 12, 1996 to demonstrate that he has removed materials he has been instructed to remove. Claims he has spent $60K to date on clean-up (don't know what he can actully document). I asked Terry to brief you as well. Sending this for your information. mu From: "Terry Dover S&H W Superv." <tDover@fro.ehnr.state.nc.us> Organization: enhr To: "PJ Prete" <nlnw328@wastenot.ehnr.state.nc.us>, "Terry Dover S&H W Superv." <tDover@fro.ehnr.state.nc.Us>, "Hearn, Robert S." <N1 NW321 @rro.ehnr.state.nc.us>, "LEE FLYNN" <nlnw041@wastenot.ehnr.state.nc.us> Date sent: Thu, 2 May 1996 09:42:08 EST Subject: Re: Billy Flowers CO Priority: normal > From: "LEE FLYNN" <nlnw04O@wastenot. ehnr. state. > Organization: SOLID WASTE MGMT. Prete" <nlnw328@wastenot.ehnr.state.nc.us>, > "Terry Dover S&H W Superv." <tDover@fro. ehnr. state. nc. us>, Robert S." <N 1 NW321 @rro. ehnr. state. > Date: Thu, 2 May 1996 08:48:31 +1100 > Subject: Billy Flowers CO > Priority: normal Phil and Lee, Billy Flowers called Bill Meyer on Friday April 26th. Bill asked that I contact him. Billy wanted an informal meeting. I asked him if he had completed the removal of waste from the site. He stated that he had not, but was hopeful that it would be done this week. I suggested to him that it would be to his benefit in any negotiations to be in compliance with the Order. He agreed and said he would call Robert when he is ready for inspection. At no time during the conversation was the appeal process mentioned. Talked to Robert this a.m. , he talked to Billy and he has been held up by the rain. Robert is going by the site today and will report his findings to me. 6 S State of North Carolina Department of Environment, Health and Natural Resources Division of Solid Waste Management James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary William L Meyer, Director March 25, 1996 CERTIFIED 1 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. ff P,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4996 FAX 919-71&3605 An Equal Opportunity Affirmative Action Employer 501k 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 (919) 571-4700. Sincerely, "L�I � M&,Vj 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 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. 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 disposal 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 WITH 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 WITMADMINISTRATIVE 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. March 25, .. ,,.. . 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. COA1PLIANCE ORDER TVITIIADMINISTR4TIVE 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. Hearn 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. COMPLL4NCE ORDER WITHADMINI8TRATIVE PENALTJ March 25, ••. Page 6 Based on the foregoing, you are hereby ordered to take the following actions: 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. 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 FffTIf ADMINISTR 4TIVE PENALTY March 25, 1996 Page 7 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. 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. 15013-23(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. 15013-23(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 (919) 733-2698. 0 %® 7 COMPEMANCE ORDER WITII ADMINISTRATIVE PENALTY March 25, 1996 Page 8 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 (919) 571-4700 Note: The scheduling of an informal conference does not relieve you of the need to rile your petition for an administrative hearing within the thirty (30) day period. By:d&o'z_ r William L. Meyer, director Division of Solid Waste Management Department of Environment, Health and Natural Resources 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 Zi_ J day of %�� , 1996 la�� d f&' "-,/ William L. Meyer, Director Division of Solid Waste Management Department of Environment, Health and Natural Resources ': ` ri� `v . � <.. N Complete items 1 and/or 2 for additional services. I also wish to receive the Complete items 3, 4a, and 4b. following services (for an Print your name and address on the reverse of this form so that we can return this extra fee): card to you. CD Attach this form to the front of the mailpiece, or on the back if space does not 1. El Addressee's Address 0 permit. 5; Write "Return Receipt Requested" on the mailpiece below the article number. 2. El Restricted Delivery 4) 0 oThe Return Receipt will show to whom the article was delivered and the date delivered. t, I — to: e-130c) 1--f161#4,14-11 CZ) 5. Received By: (Print Name) 6. Signature: (Addressee or e, X PS Form48ll, DRember 1994 onsu , postmaster for lee. Article Number 4b. Service Type El Registered U/Certified Ir E3 Express Mail El Insured . Eo-) El Return Receipt for Merchandise El COD 7. Date of Del" 0 —Addressee's 0 T Address (Only if requ—e—stej�' and fee is paid) Domestic -Return Receipt FILE NAME: im REOUEST FOR ATTORNEY REVIEW Nancy Scott, Assistant Attorney General OPEN DUMP Bill Miller, Associate Attorney Genera NUISANCE TIRE Lee Flynn, Compliance Officer Solid Waste Section Please review the attached Compliance Order and return it to me with your comments and suggestions. If possible, please try to return this to me by 3, Your assistance is appreciated. 11 1..." 199 6, 0 0 : 1 C8, 8 9 10 48 G 179 1 State of North Carolln" Department of Environment, Health and Natural Resources Division of Solid waste Management James B. Hunt, Jr,, Governor Jonathan B- Howes, Secretary William L. Meyer, Direc.tor ffl JIM Lee C. Flynn, Compliance Officer Field Operations Branch Signed le- Date 401 Oberlin Rood. Suite, 150, Raleit North Carolina 27605 Telephone 919-7334")692 FAX 919-733-4810 An Equal Opporlunily Afrimotive AC on Employer 50,7, recyr-led/10% Post-conwmer r)(irer