NCC224028_ESC Approval Submitted_20221206

TOWN OF CLAYTON
Engineering Department
111 E. Second St., P.O. Box 879
Clayton, NC 27528
Phone: [phone]
Fax: [phone]
1 December 2022
Hearth Pointe Development
Attn: Mr. David DeYoung, AICP
114 W. Main Street
Clayton, NC 27520
Re: Change of Ownership and FRO for O'Neil Overlook Erosion Control Permit
Mr. DeYoung,
The Town of Clayton Engineering Department has received your request to update the Erosion Control
Permit, Landowner, and Financial Responsible Party (FRO) information for the O'Neil Overlook project
(TOC Project 2020-75-SD). Upon review of the submitted documents, Town staff approves your request
to update the Erosion Control Permit and the FRO for said project.
With the change of ownership, the new FRO will be responsible for the Erosion and Sediment Control
Plan dated October 26, 2021, and the provisions stated within. As with a new Erosion Control Permit,
the project will need to be covered by a new NPDES General Stormwater Permit NCG01000 for
Construction Activities. You must apply and receive the NCG01 Certificate of Coverage electronically at
the following website: https://edocs.deg.nc.gov/Forms/NCG01-NOI. After submitting a complete and
correct e-NOI form, a Certificate of Coverage will be emailed to you within three business days. Please
direct questions about the e-NOI form to the Stormwater Program Supervisor of the North Carolina
Department of Environmental Quality's Division of Energy, Mineral, and Land Resources.
Prior to the change of ownership and acceptance of the new FRO, this form must be submitted, and a
Certificate of Coverage provided to Town staff. The updated Certification of Coverage will apply for the
existing approved plans for the subdivision.
Upon receipt of the updated Certificate of Coverage, an updated land -disturbing permit will be issued by
the Town. The updated permit will be valid until the expiration of the original land disturbance permit.
1IPage

Erosion and Sediment Control Plan Approval: October 26, 2022, Submitted by Adams & Hodge
Engineering (Eva King)
Original Landowner/FRO:
J&B Real Estate Consultants, LLC
328 E. Main Street
Clayton, NC 27520
If you have any questions, please let us know.
Thanks,
Jonathan K. Jacobs, PE, CFM
Assistant Engineering Director
Town of Clayton
Attachments:
Original Letter of Approval
Updated FRO Form
Updated Landowner/FRO:
O'Neil Overlook LLC
114 W. Main Street
Clayton, NC 27520

TOWN OF CLAYTON
Public Services — Engineering Division
111 E. Second St., P.O. Box 879
Clayton, NC 27528
Phone: [phone]
Fax: [phone]
Erosion and Sedimentation Control
LETTER OF APPROVAL
October 26, 2021
J&B Real Estate Consultants, LLC
328 N. Main Street
Clayton, NC 27520
Project Name: O'Neil Overlook
Project Number: 2020-75-SD
Acres Approved: 13.85
Submitted by: Adams & Hodge Engineering (Eva King)
Mr. Lipscomb:
The Town of Clayton has reviewed the subject erosion and sedimentation control plan. The plan
is acceptable and, therefore, we hereby issue this Letter of Approval.
Erosion and Sedimentation Control Plan: This plan approval shall expire (1) year following the
date on this Letter unless a Land -Disturbing Permit has been obtained within that initial one-year
period. Plan approval is contingent on land -disturbing activities commencing within one year of
permit issuance.
Section 156.214 of the Town of Clayton Soil Erosion and Sedimentation Control Ordinance
requires a copy of the approved erosion control plan be on file at the job site.
North Carolina's Sedimentation Pollution Control Act is performance -based, requiring protection
of existing natural resources and adjoining properties. If the erosion and sedimentation control
plan is found to be inadequate to meet the requirements of the Town of Clayton Soil Erosion and
Sedimentation Control Ordinance, the Town may require revisions to the plan and
implementation of the revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon compliance with Federal and State
water quality laws, regulations, and rules. In addition, local town or county ordinances or rules
may also apply to this land -disturbing activity. This approval does not supersede any other permit
or approval.
Please note that this approval is based in part on the accuracy of the information provided.
Inspections: This letter gives notice required by G. S. 113A-61.1(a) of the Town's right to
periodic inspection to ensure compliance with the approved plan.
Think
L YTO�T
PO Box 879 • Clayton, NC 27528 • 919-553-5002 �oao��A Fax [phone] • TownofClaytonNC.org

Section 156.300 of the Town of Clayton Soil Erosion and Sedimentation Control Ordinance
requires self -inspections and monitoring for all sites receiving a Land Disturbing Permit. These
inspections can be done by the Financially Responsible Party, or an agent thereof. These
inspections must occur at a minimum of once a week and within 24 hours of any rain event of
1.0 inch or greater. Copies of inspection records and reports must be kept on site and made
available to the Town upon request.
NPDES General Stormwater Permit NCGO1000: This project will be covered by the new NPDES
General Stormwater Permit NCGO1000 (Construction Activities).
You must apply and receive the NCGO1 Certificate of Coverage electronically at the following
website: https://edoes.deg.ne.gov/Forms/NCGO1-NOI. After submitting a complete and correct e-
NOI form, a Certificate of Coverage will be emailed to you within three business days. Please
direct questions about the e-NOI form to the Stormwater Program Supervisor of the North
Carolina Department of Environmental Quality's Division of Energy, Mineral, and Land
Resources.
This form MUST be submitted prior to the commencement of any land disturbing activity on the
above named project. If a construction activity that disturbs 1 acre or more (or is part of a
subdivision or other common plan of development) fails to submit an e-NOI after the approval of
its erosion and sedimentation control plan, then the permittee is in violation of federal permitting
requirements and could be subject to penalty assessment.
Homebuilders need to only obtain (1) Certificate of Coverage per subdivision, which will
serve to cover all of your lots for that subdivision. See DEQ website for instructions.
Developers need (1) Certificate of Coverage for each set of approved plans in a subdivision.
Land -Disturbing Permit: A Land -Disturbing Permit will be issued by the Town only after the
above -referenced Certificate of Coverage is provided to the Town along with the Land -
Disturbing Permit Application. Construction activities can begin only after the Land Disturbing
Permit is issued. Once grading activity has commenced, the permit is valid for 2 years from the
date of commencement. Active sites may have the permit renewed for an additional year from the
original expiration date by applying for renewal prior to the date of expiration.
Please notify Town staff to schedule a preconstruction conference. Notification shall be given at
least 7 days prior to initiation of activity.
Susan Locklear, PE, CFM
Town Stormwater Engineer
CC: file

FINANCIAL RESPONSIBILITYIOWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity that disturbs one or more acres as covered by the Town of
Clayton Soil Erosion and Sedimentation Control Ordinance before this form and an acceptable erosion and
sedimentation control plan have been completed and approved by the Town of Clayton. Lots smaller than one
acre that are part of a larger plan of development are also subject to Town of Clayton Soil Erosion and
Sedimentation Control Ordinance and are required to complete this form. (Please type or print and, if the
question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
1. Project Name O'Neil Overlook
2. Location of land -disturbing activity: County JOHNSTON City or Township CLAYTON
Highway/Street N O'Neil Street Latitude 35.66 Longitude -78.45
3. Approximate date land -disturbing activity will commence: ASAP
4. Purpose of development (residential, commercial industrial, institutional, etc.): Residential
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 13.71
6. Has an erosion and sediment control plan been filed? Yes I✓ No Enclosed
7. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
NameNick MCKeel E-mail Address Nick. McKeel@providence. construction
Telephone [phone] Cell # n/a Fax # n/a
8. Landowner(s) of Record (attach accompanied page to list additional owners):
O'Neil Overlook LLC 919-670-0704 n/a
Name Telephone
114 W Main Street
Current Mailing Address
Clayton
Current Street Address
NC 27520 Clayton
City State
9. Deed Book No. 06325
Part B.
Zip City
Page No. 0585
Fax Number
NC 27527
State Zip
Provide a copy of the most current deed.
1. Company(ies) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet.) if the company or firm is a sole
proprietorship the name of the owner or manager may be listed as the financially ►esponsible party.
O'Neil Overlook LLC
Name
114 W Main Street
Current Mailing Address
Clayton NC 27520
city
State Zip
[e-mail]
E-mail Address
Current Street Address
Clayton NC 27527
city
Telephone [phone] Fax Number n/a
State
Zip

2„ (a) If the Financially Responsible Party rs not a resident of North Carolina, give name and street address of
the designated North Carolina Agent
Name
E-mail Address
Current Mailing Address Current Street Address
City State Zip City
Telephone
Fax Number
State
Zip
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party
is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
City
Telephone
E-mail Address
Current Street Address
State Zip City State
Fax Number
Zip
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Reid Smith
Managing Member
Type or print name Title or uthorky
dje�t 'gi— — I t fol
Signatur Date
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I, LA K l'�) 1 , a Notary Public of the County of �A-7'0 4
State of North Carolina, hereby certify that E-to 5tL r-rr+ _ appeared
personally before me this day and being duly sworn acknowledged that the above form was executed
by him.
Witness my hand and notarial seal, this day of ' ` 46M56Z— , 20
CHRIS CAVALIER
NOTARY PUBLIC
Johnston County Notary
rdina
MYCOMM on ices July 2, 2024 �I
My commission expires i