Request for a Major Variance from the Randleman

Request for a Major Variance from the Randleman Lake Water Supply Watershed Riparian Area Protection Rules Blue Diamond Investment Company, LLC Kernersville Medical Parkway & Macy Grove Road Kernersville, NC March 12, 2014

Site - USGS Topo SITE Source: 2013 Kernersville USGS 7. 5 -minute Topographic Map (NTS)

Site - Soil Survey SITE Source: Natural Resources Conservation Service Forsyth County Soil Survey Map (NTS)

Site Setting Source: Forsyth County GIS

Site Source: Forsyth County GIS

Drainage Area Map

Overall Storm Drainage Plan VA Hospital Site Storm Drainage Collection Lines

Buffer Impact

Findings of Fact Pursuant to 15 A NCAC 02 B. 0250 (14), the Town of Kernersville makes the preliminary finding that the major variance request demonstrates the following: practical difficulties or unnecessary hardships are present, the harmony and spirit of buffer protection requirements are met, and the protection of water quality and substantial justice have all been achieved in accordance with 15 A NCAC 02 B. 0250 (12).

Findings of Fact – (12)(a) Practical difficulties or unnecessary hardships are present: i. The applicant can secure no reasonable return from nor make reasonable use of the property without impacting the protected riparian buffer. ii. The hardship results from application of this rule rather than from other factors.

Findings of Fact – (12)(a) iii. The hardship is due to the physical nature of the applicant’s property and is unique to the applicant’s property. iv. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.

Findings of Fact – (12)(b) The variance is in harmony with the general purpose and intent of the State’s riparian buffer protection requirements and does preserve its spirit. Findings of Fact – (12)(c) In granting the variance, water quality has been protected and substantial justice has been done.

Town Recommendation The Town recommendation is that the Water Quality Committee approve this major variance request. If Water Quality Committee approves this request, the Town recommends approval with the following conditions or stipulations: Stormwater Management Plan • Prior to issuance of any watershed and/or building permit, submit a stormwater management plan to the Town of Kernersville Engineering Division for review and approval • BMP to be designed and built when the development of the property takes place shall treat the runoff for the total property basin area draining to the bypass system (~29 ac) for the maximum built upon area allowed under the Town’s environmental regulations. Protective Covenants Submit to the Town of Kernersville for review and approval a recorded agreement or other legal mechanism to ensure that the stormwater management plan condition goes with the property if it is subdivided and/or sold in the future

Questions?