20140822 Ver 1_Major Variance_20140204

From: Higgins, Karen
Sent: Tuesday, February 04, 2014 12:52 PM
To: 8urdette, Jennifer a
Subject: FVV: variance template
Attachments: variance format' Kernersvi||e use l l4.pdf, final VA Variance Watershed report.pd�
TOK Major VarianceApp'pdf
Hey Jennifer-
Here
Thanks-
Karen
Karen Higgins
4U1& Buffer Permitting Unit Supervisor
NCDENR Division of Water Resources
Mailing Address: 16SU Mail Service Center, Raleigh, NCZ7699'16SU
Physical Address: S1Z N. Salisbury 3t, 4 942'E, Raleigh, NC 27604
Phone: (919)OU7'636U Email:
VVebshe:
E-mail correspondence tocndƒrom this address may besubject to the North Carolina Public Records Low and may be
disclosed to third parties.
From: Homewood, Sue
Sent: Thursday, ]anuary]O,2O141:42PM
To: Higgins, Karen
Subject: FW: variance template
Sue Homewood
NC DENKVVinston-Sa|em Regional Office
DivisionofVVaterKesources — VVater[Wa|ityPrograms
585VVaughtovvnStreet
Winston-Salem, NC 27107
1

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Ana ]anami|lo
Sent: Thursday, ]anuary]O 201411:32AM
To: Homewood, Sue
Cc: ]effHating
Subject: RE: variance template
Good morning Sue. In Accordance with our conversation last week and the below e-mail, I have attached pdf files
containing copies of: (a)Request for a Major Variance from Randleman River Riparian Area Protection Rules format
provided by your office; (b)Major Variance Request Watershed Report adopted by the Town of Kernersville Watershec�
Review Committee and (c)Town of Kernersville Major Variance Request Application by Blue Diamond Investment
Company, LLC with attached information.
I will be in vacation this afternoon and tomorrow Friday, January 31, 2014. 1 will come back to my office, Monday,
February 3,2O14.
Town of Kernersville
Engineering Division
Direct [phone]
P.[). Box 728
From: Homewood, Sue
Sent: Friday, ]anuary24, 2014 1:35 PM
To: Ana ]anamiUo
Subject: variance template
Here's the format we'd like you to fill out (yellow areas are where you fill it in with the current info) and add to the
documents you send tous next week. You don't need to change anything you already have, just add this to it. Thanks
Ana.

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
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Request for a Major Variance from the
Randleman River Riparian Area Protection Rules
Blue Diamond Property adjacent to the Veterans Admi nistrat ion Hospital site
(There is no specific named project at histime for this property)
Blue Diamond Investment Company, LLC
Town of Kernersville
January 30, 2014
Blue Diamond Property adjacent to the Veterans Administ ration Hospital site has requested the
Water Quality Committee (WQG') grant a Major Variance from the Pandleman Rparian Area
Protection Fbles (15A NCAC 02B .0250) "Diffuse Row Fbquirements" for a Medical Business
Park (MBP) type project in the Pre- Developed or undeveloped condition located at the
intersection of Kernersville Medical Parkway and Macy Grove Fbad, Kernersville, NC The
proposed facility will impact six hundred (600) square feet of Zone 1 and four hundred (400)
square feet of Zone 2.
Accordingly, pursuant to 15ANCACO2B.0250(12), the local government 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 has been achieved.
15A NCACO2B.0250 (12)(a)(i) statesthe following:
"For any variance request, the local government shall make a finding of fact as to whether there
are practical difficulties or unnecessary hardships that prevent compliance with the riparian
buffer protection requirements A finding of practical difficulties or unnecessary hardships shall
require that the following conditions are met:
A. If the applicant complies with the provisions of this Rile, helshe can secure no
reasonable return from, nor make reasonable use of, hislher property. Merely proving
that the variance would permit a greater profit from the property shall not be considered
adequate justification for a variance. Moreover, the local government shall consider
whether the variance is the minimum possible deviation from the terms of this Bale that
shall make reasonable use of the property possible,
B. The hardship results from application of this Bale to the property rather than from other
factors such as deed restrictions or other hardship,
C The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, such that compliance with provisions of this rule would not allow
reasonable use of the property.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Iii/e.

E The hardship is rare or unique to the applicant's property
The Town of Kernersville findsthe following:
There are practical difficulties that prevent compliance with the strict letter of the riparian
buffer protection requirements.
A. The applicant cannot make reasonable use of the property without impacting the
protected riparian buffer. There are practical difficulties or unnecessary hardships to
meet Diffuse Row, therefore, a stormwater BMPmust be installed outside the buffer to
comply with the Pandleman Rparian Buffer Piles. Nevertheless, a development plan
has not been prepared for the Blue Diamond property and Blue Diamond Investments is
requesting a variance just to delay installation of the BMP until such time as
development of the Blue Diamond property begins. The compliance with the provision
of the ordinance, which is the installation of the BMP on Blue Diamond undeveloped
property, represents no make reasonable use of the property; moreover, the Variance
to delay installation of the BMP device is the minimum possible deviation from the
terms of the Rparian Buffer Protection Ordinance that shall make reasonable use of the
Blue Diamond property.
B. The hardship results from the application of this rule rather than from other factors.
There are practical difficulties or unnecessary hardships that prevent compliance with
the riparian buffer protection requirement about Diffuse Row. The NC BM PS Manual
requirements for linear footage of the level spreader and the several number of
required discharge points for the large flow coming from the contributing drainage area
is totally impractical. Therefore, a stormwater BMPmust be installed outside the buffer
to comply with the Pandleman Rparian Buffer Piles.
O The hardship is due to the physical nature of the applicant's property. According with
the North Carolina Best Management Practices Manual, the maximum flow from the
contributing drainage basin that can be handled by a Level treader under the Diffuse
Row per Buffer PUIe application is 2cfs; hence, there is not practical alternative to
convert the flow coming from Blue Diamond property (around 29 cfs accounting for
ultimate build -out of the property) during the 1 inch /hour storm to diffuse flow. Also,
the Mate BM P Manual requires 50 linear feet of level spreader per cfs of flow to provide
diffuse flow from a drainage area. At 1.0 in./ hr. rainfall, more than 1500 linear feet of
level spreader would be required for the flow from the bypass line and the maximum
length of a Level treader allow by the BM P manual is 100 feet. With this limitation, the
flow from the bypass line would have to be split into several discrete discharge points.
Both the required linear footage of level spreader, and the number of required
discharge points make converting the flow from this pipe to diffuse flow impractical.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this
Rile.
E The hardship is unique to the applicant's property. The Veterans Administration (VA)
Hospital site lays downslope of the Blue Diamond Investments property (Blue Diamond

property is undeveloped with 0% built upon area). A stormwater bypass system must
be constructed to convey stormwater runoff from the Blue Diamond property through
the VA site, for consideration of earthwork operations and to keep runoff from Blue
Diamond property separate from that of the VA site.
15ANCACO2113.0250 (12)(b)
"The variance is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and preserves its spirit,"
The Town of Kernersville finds the following:
The Pandleman Fbles require that concentrated runoff from manmade conveyances be
converted to diffuse flow before the runoff enters Zone 2 of the buffer, unless a stormwater
management facility is installed to control nutrients and attenuate flow before the
conveyance discharges through the riparian buffer. But to convert the by -pass flow coming
from Blue Diamond property to diffuse flow is impractical; therefore, a stormwater BM Pmust
be installed outside the buffer to comply with the Pandleman Rparian Buffer Rules. The
applicant is proposing a variance to delay installation of the BMP until such time as
development of the Blue Diamond property begins. Given the characteristics of the Blue
Diamond property and other upslope properties (The Blue Diamond property, 28.8 acres, is
undeveloped, with 0% built upon area; the remaining drainage area, 19.2 acres, upslope of
the Blue Diamond property is very sparsely developed as large lot residential, Low Density
Fbsidential as for Town of Kernersville Land Use Plan, currently has approximately 7% BUA.
The aggregate BUA of all properties upslope of the VA site is 2.79 0/0. Runoff from this area
flows overland through wooded areas and vegetated conveyances to the point where the
bypass system through the VA site would intercept this water. The shortest flow path of
stormwater from the nearest BUA is over /through at least 700 feet of vegetation/
undeveloped area) and the designed storm drainage bypass line outlet (outlet consist of a rip -
rap channel, energy dissipater device, that istying into the stream to protect stream bank and
discharge point from erosion providing flow to the stream at non - erosive velocities) the
Town of Kernersville believes that water quality will not be compromised by deferring
installation of the stormwater management BMP until development of the Blue Diamond
property occurs, and that the intent of the Pandleman Fules will be satisfied. Therefore, the
variance is in harmony with the general purpose and intent of the Mate's riparian buffer
protection requirementsand the Town's Ordinance and preserves its spirit.
15ANCACO2113.0250 (12)(c)
"In granting the variance, the public safety and welfare have been assured, water quality has
been protected, and substantial justice has been done."
The Town of Kernersville findsthe following-

The variance is am i nor deviation from the requirements of the Pandleman Fbles, since it only
requests that implementation of the stormwater management plan is deferred until
development of the Blue Diamond property. The requirement for implementation of
stormwater management prior to development of property is rare and could involve a high
cost without representing improvement to water quality. Therefore, in granting the variance,
the public safety and welfare have been assured, water quality has been protected, and
substantial justice has been done.
Reoommendat ion:
Based on the information submitted, the Town of Kernersville supportsthis request for a Major
Variance from the F;andleman Rparian Area Protection Fines because 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 has been achieved as
required in 15A NCACO2B .0250 (12) provided the conditions listed below are required. If the
Water Quality Committee approves this request for a Major Variance from the F;andleman
Rparian Area Protection %les, the Town of Kernersville recommends approval with the
following conditionsor stipulations [pursuant to 15A NCACO2B .0250 (12)(e)]:
1. This major exception shall only apply to the applicant for the "Blue Diamond
Investments ", to the specific property and for specific uses identified in the applicant's
supporting information.
2. The BMP to be designed and built when the development of Blue Diamond property
take place shall be able to treat the runoff for the total Blue Diamond property basin
area draining to the bypass system (approximately 28.8 acres) for the maximum built
upon area allow under the Town of Kernersville Environmental regulations. Blue
Diamond can under their choice design and build the BMP structure to consider the
existing runoff coming for the drainage area upslope of their property or just by -pass
that flow.
3. Prior to issuance of any watershed (Low density or High Density) or /and building permit
for the Blue Diamond property (or part of this property), Blue Diamond or its successors
and assigns forever shall submit to the Town of Kernersville a "Stormwater
Management Plan" including the design of the Structural BMP for review and approval
by the Engineering Division. No certificates of occupancy shall be issued for any
structure within the Blue Diamond property until the construction, completion and
approval of the Structural BMP. Prior of submittal of the "Stormwater Management
Plan" including the design of the structural BMP, the drainage easement for the 48"
bypass line shall be recorded. Copy of the recorded easement shall be submitted to the
Town of Kernersville.
4. Blue Diamond Investment Company, LLCowner of the Blue Diamond property and the
applicants for this Major Variance request shall submit to the Town of Kernersville a
recorded agreement or other legal mechanism to ensure that the above described three

(3) conditions goes with the property if it is subdivided and /or sold in the future for
review and approval by the Town of Kernersvil le.
5. If the North Carolina Environmental Management Commission does not approve this
Major Variance, Blue Diamond Investment Company, LLCwill install stormwater BMP(s)
on their property as required by the Town of Kernersville's Code of Ordinances (Chapter
C- Environmental Ordinance, Article VI- Rparian Buffer Protection Ordinance For Lands
Within The Pandleman Lake Watershed) according with the Commitment letter by Blue
Diamond Investment Company, LLC dated September 30, 2013. Blue Diamond
Investment Company, LLCshall have one hundred and eighty (180) daysto complete the
construction of the BMP structure after the date of denial by the Environmental
Commission.
6. Non - compliance with any of the five (5) conditions described above will result in a
violation of the Town of Kernersville Rparian Buffer Protection Ordinance for Lands
within the Pandleman Lake Watershed, resulting in a Notice of Violation and Civil or
Criminal Penalties may apply.

WATERSHED REVIEW COMMITTEE MEETING
RIPARIAN BUFFER PROTECTION ORDINANCE FOR LANDS WITHIN THE RANDLEMAN
LAKE WATERSHED MAJOR VARIANCE REQUEST
Subject: Variance request for Town of Kernersville Riparian Buffer Protection Ordinance
For Lands Within The Randleman Lake Watershed — Diffuse Flow Requirements
Request for Variance for Stormwater Management Requirement in the
Pre - Developed Condition Blue Diamond Property adjacent to the Proposed
Veterans Administration Hospital site.
Background: The Veterans Administration (VA) Hospital site lays downslope of the Blue
Diamond Investments property. A stormwater bypass system must be constructed to convey
stormwater runoff from the Blue Diamond property through the VA site, for consideration of
earthwork operations and to keep runoff from Blue Diamond property separate from that of the
VA site. The bypass system discharge point falls within the West Fork Deep River buffer
which is a tributary within the Randleman Lake Water Supply Watershed. The Randleman
Rules require that concentrated runoff from manmade conveyances be converted to diffuse
flow before the runoff enters Zone 2 of the buffer, unless a stormwater management facility is
installed to control nutrients and attenuate flow before the conveyance discharges through the
riparian buffer.
According with the North Carolina Best Management Practices Manual, the maximum flow
from the contributing drainage basin that can be handled by a Level Spreader under the
Diffuse Flow per Buffer Rule application is 2cfs; hence, there is not practical alternative to
convert the flow coming from Blue Diamond property (around 29 cfs accounting for ultimate
build -out of the property) during the 1 inch /hour storm to diffuse flow. Also, the State BMP
Manual requires 50 linear feet of level spreader per cfs of flow to provide diffuse flow from a
drainage area. At 1.0 in. /hr rainfall, more than 1500 linear feet of level spreader would be
required for the flow from the bypass line and the maximum length of a Level Spreader allow
by the BMP manual is 100 feet. With this limitation, the flow from the bypass line would have to
be split into several discrete discharge points. Both the required linear footage of level
spreader, and the number of required discharge points make converting the flow from this pipe
to diffuse flow impractical.
Therefore, a stormwater BMP must be installed outside the buffer to comply with the
Randleman Riparian Buffer Rules. Given the characteristics of the Blue Diamond property and
other upslope properties, Blue Diamond Investments is requesting a variance to delay
installation of the BMP until such time as development of the Blue Diamond property begins.

The Ordinance: In compliance with the Town of Kernersville Riparian Buffer Protection
Ordinance For Lands Within The Randleman Lake Watershed, section 7 numeral E: "Diffuse
flow" of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to
its entry into the buffer and reestablishing vegetation. Concentrated runoff from new ditches or
man -made conveyances shall be converted to diffuse flow at non - erosive velocities before the
runoff enters zone two of the riparian buffer. As set out in section 7. (D) And section 8. (B) Of
the ordinance, The Zones of the Riparian Buffer and Table of Uses respectively, no new
stormwater conveyances are allowed through the buffer except for those specified in the Table
of Uses, Section 8. (B) Of the ordinance. So according with the Table of Uses, new or altered
drainage ditches, roadside ditches and stormwater outfalls are allowed provided that a
stormwater management facility is installed to control nutrients and attenuate flow before the
conveyance discharges through the riparian buffer.
Findings of Fact:
1. The Town of Kernersville's Code of Ordinances (Chapter C- Environmental Ordinance,
Article VI — Riparian Buffer Protection Ordinance For Lands Within The Randleman Lake
Watershed , Section 6 -1.9.13 Variances) provides for an applicant to request a Major
Variance, which would be considered by the Town's Watershed Review Committee.
Pursuant to the request for a Major Variance to the stream riparian buffer rule, the
Watershed Review Committee has scheduled a review committee meeting on Tuesday
January 21, 2014 at 3:OOpm to study and review this Major Variance request.
2. A Letter request for Variance for Stormwater Management in the Pre - Developed Condition
for the Blue Diamond property was submitted to the Town of Kernersville by Stimmel
Associates (Neal Tucker, PE) in behalf of Blue Diamond Investments along with the Town of
Kernersville Major Variance Request application that includes: map location of Blue Diamond
Investments property, VA Hospital site and the West Fork Deep River, the rip -rap ditch or
channel section through the buffer, the storm drainage bypass line routed through the VA site,
and drainage area map showing a conceptual design of a wet detention pond to serve the Blue
Diamond Investment property.
3. In accordance with The Town of Kernersville's Code of Ordinances (Chapter C-
Environmental Ordinance, Article VI- Riparian Buffer Protection Ordinance For Lands Within
The Randleman Lake Watershed, Section 6 -1.9.13 Variances, Numeral 1- Requirements for
Variances) and state regulations "15A NCAC 028.0250(12) Randleman Lake Water Supply
Watershed: Protection and Maintenance of Existing Riparian Buffers- Variances ", the Town of
Kernersville is required to prepare preliminary findings about the compliance with the variance
requirements. Following are the findings and facts found by the Town:

-There are practical difficulties or unnecessary hardships that prevent compliance with the
riparian buffer protection requirement about Diffuse Flow as we explained in the Background
section. The NC BMPs Manual requirements for linear footage of the level spreader and the
several number of required discharge points for the large flow coming from the contributing
drainage area is totally impractical. Therefore, a stormwater BMP must be installed outside the
buffer to comply with the Randleman Riparian Buffer Rules.
- The total basin area draining to the bypass system is approximately 48 acres. The Blue
Diamond property (28.8 acres) is undeveloped, with 0% built upon area (BUA). The remaining
drainage area (19.2 acres) upslope of the Blue Diamond property is very sparsely developed
as large lot residential (Low Density Residential as for Town of Kernersville Land Use Plan).
The upslope area currently has approximately 7% BUA. The aggregate BUA of all properties
upslope of the VA site is 2.79 %. Runoff from this area flows overland through wooded areas
and vegetated conveyances to the point where the bypass system through the VA site would
intercept this water. The shortest flow path of stormwater from the nearest BUA is over /through
at least 700 feet of vegetation/ undeveloped area.
- A development plan has not been prepared for the Blue Diamond property and Blue Diamond
Investments is requesting a variance just to delay installation of the BMP until such time as
development of the Blue Diamond property begins. The compliance with the provision of the
ordinance, which is the installation of the BMP on Blue Diamond undeveloped property,
represents no make reasonable use of the property; moreover, the Variance to delay
installation of the BMP device is the minimum possible deviation from the terms of the Riparian
Buffer Protection Ordinance that shall make reasonable use of the Blue Diamond property.
-The designed storm drainage bypass line outlet consist of a rip -rap channel (energy dissipater
device) that is tying into the stream to protect stream bank and discharge point from erosion
providing flow to the stream at non - erosive velocities.
Conclusions:
1. Given the extremely low BUA of the upslope properties and the length of the vegetated
conveyances, we believe that adequate treatment is already being provided within the
natural system without having to build an engineered BMP prior to development of the
property. Also, stream bank and discharge point erosion protection is provided with the
outlet rip -rap channel.

2. We believe that water quality will not be compromised by deferring installation of the
stormwater management BMP until development of the Blue Diamond property occurs,
and that the intent of the Randleman Rules will be satisfied.
3. We believe that granting this variance request is justifiable for the following reasons:
• It is a minor deviation from the requirements of the Randleman Rules, since it only
requests that implementation of the stormwater management plan be deferred until
development of the Blue Diamond property.
• Deferring implementation of the stormwater management plan will not negatively
impact surface waters.
• The requirement for implementation of stormwater management prior to development
of property is rare and could involve a high cost without representing improvement to
water quality.
• It is in harmony with the general purpose and intent of the State's riparian buffer
protection requirements and the Town's Ordinance and preserves its spirit.
• In granting the variance, the public safety and welfare have been assured, water
quality has been protected, and substantial justice has been done
If members of the Committee agree with my proposals for findings and conclusions, I propose
the following decision and conditions:
Decisions and Conditions:
In accordance with The Town of Kernersville's Code of Ordinances (Chapter C- Environmental
Ordinance, Article VI- Riparian Buffer Protection Ordinance For Lands Within The Randleman
Lake Watershed, Section 6 -1.9.13 Variances), the application submitted on behalf of the "Blue
Diamond Investments" for a major Variance to stream buffer rules— Diffuse Flow Requirements
in the aforementioned Environmental Ordinance is recommended to be granted pursuant to
the following conditions:
1. This major exception shall only apply to the applicant for the "Blue Diamond
Investments ", to the specific property and for specific uses identified in the applicant's
supporting information.
2. The BMP to be designed and built when the development of Blue Diamond property
take place shall be able to treat the runoff for the total Blue Diamond property basin
area draining to the bypass system (approximately 28.8 acres) for the maximum built
upon area allow under the Town of Kernersville Environmental regulations. Blue
Diamond can under their choice design and build the BMP structure to consider the

existing runoff coming for the drainage area upslope of their property orjust by -pass
that flow.
3. Prior to issuance of any watershed (Low density or High Density) or /and building permit
for the Blue Diamond property (or part of this property), Blue Diamond or its successors
and assigns forever shall submit to the Town of Kernersville a "Stormwater
Management Plan" including the design of the Structural BMP for review and approval
by the Engineering Division. No certificates of occupancy shall be issued for any
structure within the Blue Diamond property until the construction, completion and
approval of the Structural BMP. Prior of submittal of the "Stormwater Management
Plan" including the design of the structural BMP, the drainage easement for the 48"
bypass line shall be recorded. Copy of the recorded easement shall be submitted to the
Town of Kernersville.
4. Blue Diamond Investment Company, LLC owner of the Blue Diamond property and the
applicants for this Major Variance request shall submit to the Town of Kernersville a
recorded agreement or other legal mechanism to ensure that the above described three
(3) conditions goes with the property if it is subdivided and /or sold in the future for
review and approval by the Town of Kernersville.
5. If the North Carolina Environmental Management Commission does not approve this
Major Variance, Blue Diamond Investment Company, LLC will install stormwater
BMP(s) on their property as required by the Town of Kernersville's Code of Ordinances
(Chapter C- Environmental Ordinance, Article VI- Riparian Buffer Protection Ordinance
For Lands Within The Randleman Lake Watershed) according with the Commitment
letter by Blue Diamond Investment Company, LLC dated September 30, 2013. Blue
Diamond Investment Company, LLC shall have one hundred and eighty (180) days to
complete the construction of the BMP structure after the date of denial by the
Environmental Commission.
6. Non - compliance with any of the five (5) conditions described above will result in a
violation of the Town of Kernersville Riparian Buffer Protection Ordinance for Lands
Within the Randleman Lake Watershed, resulting in a Notice of Violation and Civil or
Criminal Penalties may apply.

Variance Request Form
(For Major and Minor Variances)
Protection and Maintenance of Riparian Areas Rules
F-1 Check the appropriate box below:
X Major Variance
F-1 Minor Variance
X Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article VI
Riparian Buffer Protection Ordinance For Lands Within The Randleman Lake Watershed
F-1 Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article V
Riparian Buffer Protection Ordinance For Lands Within The Jordan Watershed
F-1 Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article IV
Stormwater Runoff
El Town of Kernersville Unified Development Ordinance (UDO) - Chapter C, Article III
Watershed Protection
Part 1: General Information
(Please include attachments if the room provided is insqf
,ficient.)
1. Applicant's name (the corporation, individual, etc, who owns the property):
Blue Diamond 1nvestrnent Company, I LC

2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: Jeff Hunter
Title:
Street address: 1349 -C South Park Drive
City, State, Zip: Kernersville NC 27284
Telephone: (336 )_996 -5000
Fax: (a36)_996 -3858
3. Contact person who can answer questions about the proposed project:
Name: Jeff Hunter
Telephone: (336 ) 996 -5000
Fax: [phone]
Email: [e-mail]
4. Project name (Subdivision, facility, or establishment name - consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
There is nospecific named project at this time for the Blue Diamond property. This application
relates to a stormwater bypass line for the undeveloped Blue Diamond property that is required
due to development of the VA Hospital Site.
5. Project location:
Street address: _Address not assigned — Site is located at the intersection of Kernersville Medical Parkway
and Macv Grove Road
City, State, Zip: Kernersville, NC
County: Forsyth --
Latitude /longitude: N36'05'36" W80'02'51"
6. Date property was purchased: De_ to% e r 20 iR
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
West Fork Deep River
8. Which of the following permits /approvals will be required or have been received already for this project?
(If permit received, submit copy with this request).
Required:
NIA_
NIA
N/A
N/A
N/A
N/A
Received: Date received:
Permit Type:
401 Certification/404 Permit
Stormwater /Wastewater Permit
NPDES Permit
Non - discharge Permit
Stormwater /Watershed Variance
Erosion/Sedimentation Control
Others (specify)

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan
in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in carrying out the
activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and
the extent of riparian buffers on the land. The request for variance is needed due to impacts to stream buffers
alon the West Fork Deep River resulting from the construction of a stormwater bypass line and dischar e
channel associated with the undeveloped property u slo e of the VA Hospital site. The bypass line will route
stormwater runoff from future development through the VA Hospital site. There is insufficient space to provide
for diffuse flow from the bypass line therefore direct discharge of stormwater to the stream is required.
Conveyance of the concentrated stormwater in a non - erosive manner will require the channel to be lined with
rip rap. See attached exhibits showing 1, ) the rip rap ditch section through the buffer, 2. the storm draina e
bypass line routed through the VA site 3. draina e area map showing a conceptual design of a wet detention
and to serve the Blue Diamond Investments property. In addition to the request for variance for the stream
buffer-impact, the Property Owner is also Le questing a variance to defer construction of stormwater BMP's on
the undeveloped property until such time as the property is developed. See attached letter to Russell Radford
dated September 27, 2013, which more fully describes the variance request and background information related
to timing of the BMP construction. Blue Diamond Investment Company understands that stormwater BMP's
will be required at the time of development of the property. A letter of commitment to install stormwater
management BMP's from Jeff Hunter with Pope Companies to Russell R_ adford is attached. Note that Pope
Companies is a member of Blue Diamond Investment Company, LLC.
2. hill in the table below to identify the square footage of impact to Zones I & 2 in the protected riparian buffers
and the required mitigation. (Fill in the impact portion of the table, even if mitigation is not required):
*Zone I extends out 30 feet perpendicular from the inost landward limit of the top of bank or the rooted herbaceous vegetation; Zone
2 extends an additional 20 feet from the landward edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or
reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Rip rap is required in the discharge channel extending through the buffer to convey stormwater runoff in a
non - erosive manner. The channel is aligned perpendicular to the buffer, therefore the impacts have been
minimized to the extent practical.
Buffer Impact
Zone of
Impact in
Number
Purpose for
Required
Impact
Square Feet
(indicate on
The Impact
Multiplier
Mitigation
Plan Sheet)
(From tables)
Zone 1
600 sf
I
Drainage Conveyance
3
NIA
without BMP
Zone 2
400 sf
2
Drainage Conveyance
1.5
NIA
without BMP
Total
1,000 sf
NIA
*Zone I extends out 30 feet perpendicular from the inost landward limit of the top of bank or the rooted herbaceous vegetation; Zone
2 extends an additional 20 feet from the landward edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or
reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Rip rap is required in the discharge channel extending through the buffer to convey stormwater runoff in a
non - erosive manner. The channel is aligned perpendicular to the buffer, therefore the impacts have been
minimized to the extent practical.

4. Description of any best management practices to be used to control impacts associated with the proposed
activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting vegetation or
enhancement of existing vegetation, etc.);
Diffuse flow into the buffer isn't practical with the amount of flow bein handled. A rip rap channel liner will
be provided to protect the channel bottom and banks from erosion and to reduce flow velocity into the
stream.
5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule. The
practical difficulty in complying with the Rule are is that the quantity of runoff is too large to practicall
convert to diffuse flow. The State BMP Manual requires 50 linear feet of levels reader per cfs of flow to
provide diffuse flow from a drainage area. At 1.0 in. /hr rainfall 1,778 linear feet of levels reader would be
required for the flow from the bypass line. Further, the maximum flow that can handled by a single level
spreader per the State BMP Manual is 2 cfs. With this limitation, the flow from the bypass line would have to
be split into 18 discrete discharge points. Both the required linear footage of level spreader, and the number of
required discharge points make converting the flow from this pipe to diffuse flow impractical. In addition, a
high flow bypass system would be required to divert flow from higher intensity storms away from the level
spreader(s). This bypass system would have to be channelized through the buffer to the stream as currentl
planned.
(6) How these difficulties or hardships result from conditions that are unique to the property involved. The
difficulties are not necessarily unique to this property. Any storm system handling flows of the magnitude that
the subject system handles would face the same difficulties.
(7) If economic hardship is the major consideration, then include a specific explanation of the economic
hardships and the proportion of the hardship to the entire value of the project.
Part 3: Stormwater
1. Provide all the Stormwater Management System Concept Plan documentation including a description of best
management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with
the proposed activity. Please ensure to include all applicable operation & maintenance agreements and
worksheets drafts for the proposed BMPs. Also, include the BMPs on your plan sheets. —Not Applicable
since variance request is related to the diffuse flow requirement in the ordinance without a stormwater BMP.
Conceptual stormwater plan for future development is attached.

2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers. Please
ensure to include all applicable operation & maintenance agreements and worksheets drafts for the proposed
diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets. Diffuse flow will not
be provided into the buffer.
Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to Town of Kernersville Riparian
Buffer Protection Rules for the corresponding Watershed. Mitigation will not be required with this
variance.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant
type, date of plantings, the date of the one -time fertilization in the protected riparian buffers and a plan sheet
showing the proposed location of the plantings. NIA
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include
an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits
available for the mitigation requested. NIA
Part S: Deed Restrictions
By your signature in Part 6 of this application, you certify that all structural stormwater BMPs required by this
variance shall be located in recorded stormwater easements, that the easements will run with the land, that the
easements canriot be changed or deleted without concurrence from the Town of Kernersville, and that the
easements will be recorded prior to the sale of any lot.
Part 6: Applicant's Certification
1, Jeff Hunter (print or type name of person listed in
Part I, Item 2), certify that the information included on this permit application form is correct, that the project
will be constructed in conformance with the approved plans and that the deed restrictions in accordance with
Part 5 of this form will be recorded with all required permit conditions.
Signature:
Date: \
Title:
Part 7: Plan Sheets
2n_ c.,
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdO
format on a CD or floppy disk.
Part 8: Checklist

A complete application submittal consists of the following components. Incomplete submittals will be returned
to the applicant. Initial below to indicate that the necessary information has been provided.
Applicant's Item
Initial
JH JH
o Original and two copies of the Variance Request Form and the attachments listed below
JH • A vicinity map of the project (see Part 1, Item 5)
JH & Narrative demonstration of the need for a variance (see Part 2).
JH I /-V • A detailed narrative or graphic description of the Stormwater Management Concept Plan
(see Part 3). See attachments for conceptual layout of stormwater BMP.
N/A * 9 Calculations and references supporting nutrient removal frorn proposed l3MPs (see Part 3).
N/A * e Location and details for all proposed structural stormwater 13MPs (see Part 3).
N/A * e Drafts of the applicable Supplement Form(s) and O&M Form(s) for each BMP and/or
narrative for each innovative BMP (see Part 3).
N/A * * Three copies of plans and specification, including:
- Development/Project name
- Engineer and firm
- Legend and north arrow
- Scale (1 " =50° is preferred)
- Revision number & date
- Mean high water line (if applicable)
- Dimensioned property/project boundary
- Location map with named streets
- Original contours, proposed contours, spot elevations, finished floor elevations.
- Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
- Footprint of any proposed building or other structures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
- Drainage basins delineated
- Perennial and intermittent streams, ponds, lakes, rivers and estuaries
- location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
* Since the Variance request is being made for buffer impacts without providing stormwater management, a detailed
stormwater management plan has not been done. The reasons for not providing a detailed stormwater plan for the
undeveloped Blue Diamond Property at this time are outlined in a letter to Russell Radford dated September 25, 2013.
A conceptual stormwater plan however has been prepared and is attached.

Blue Diamond
Investments
VA HospitaISite
© 2013. Gacg e
Imagery Date: 4[5/2013 36°0539 .28`' Nom.80 °02'48:37"`W etev 933 ft eye alt .4642 if "

r._
A
7
Buffer Impact #1
Zone 1 - 30'
600 sf
01 00
1—
' 90
u
1 -1' _1
Storm Drainage
Bypass Line
—9" 5S
. _67,7 74 ,
NV 1N- 855.49'
»Nl! OUT = 665,3_
- � = �_ki4kaftft
•
WRAP ENCROACHES
ONTO ADJOINING OWNER
RIM- 878.36'
INV !N= 865..06' ' \
INV OUT 864.96'
woos
This exhibit was prepared from a drawing prepared by
Littlejohn Engineering Associates. Annotations have been
added by Stimmel Associates for exhibit purposes only.
r
NE
SEWER EA '•: ENT
D.B.3146, 4 17'
-02:05 —
PO

4
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4 %
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I ! �
I 1 / 'fry j
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t 1 K.
a.a +i ' , J� /f
.7
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/
/
/
ROE I 1111!
40' 0P*22315 69503504/ ±3.50,`0
42' 0146149E 054059E41
MI
•
500 �3
Z07' -444- --
111,D,AL 710''.4AP
11
T T_
PIPE TABLE
5341
CODE
FRO*
ON
19
CODE
19
814.
9R4� %
9217
INCH33
1544013
LF.
TrR
601
893.14
9018
69099
1.001
24'
215
POPE
8018
96019
0019
150.00
1.145
74'
62
0056-501
901
613.70
921
09524
1.0110
24'
46
66110
803
899,20
1302
69430
4.410
16'
111
HOPE
504
907.20
005
899.50
4.25%
15•
156
NDPE
405
915.54
004
90730
4.530
15'
190
02.05
560
923.00
005
91564
3.21%
15'
130
RCP
101
891.56
1010
891.00
0.551
36'
176
HDPE
MIA
09050
COLA
09550
0.75%
35•
355
H0PE
101
89358
101
89210
1.0076
90'
109
903E
903
59459
002
89390
0.06%
50'
71
HDPE
104
091.95
CO3
894.89
1.1014
30'
26
RCP
1505
09533
004
84505
0346
50'
28
HOPE
��'.
- 15,
-
85543_
A,59,4.. ..
-0 ,.,
..
HRPF
0060
903.61
C06
992.95
1.606
24'
53
HDPE
007
904.51
1064
903.71
1.006
54•
62
H2O(41
D6$v�5
119.95
110
3
8 '
24 -'-'146.-
59750
•HOPE
109
905.74
009
905.32
0.7573
261
56
109E
110
906.40
109
905.04
0.75%
24'
75
HOPE
111
807.54
110
90654
0.75%
54•
134
1961
012
913.80
CI1
908.00
5.500
15'
105
RCP
C15
911.50
112
914.04
1.0514
15'
55
RCP
902
09540
001
16950
2.363
15'
115
111)9[ -05
905
696.00
002
893.50
3.77%
12'
86
HOPE
101
591.62
001
89216
0.45X
10'
125
HOPE
005
09500
401
19272
0.450
19'
62
HOPE
401
915.72
COS
91010
3.898
13'
95
RCP
1101
914.50
401
913.92
2.236
15'
26
RCP
101
908.46
101
109.57
0.215
112
41
DPI
102
995.10
721
901.551
0.501
18'
41
NOPE
876
909.00
002
908.90
0.503
16'
31
HOPE
004
909.50
003
109.16
0.509
161
61
HOPE
1311
908.21
LEI
907.60
0.50X
24"
115
9049
432
909.55
101
309.12
0.50%
15'
26
HOPE
AI
915.50
C12
114.00
1.2659
45'
125
RCP
102
890.05
1101
388.15
0.42%
26'
210
41072 -41
503
597.14
001
190.15
5.370
30'
732
HOPE
504
99995
003
847.34
2.043
33'
152
459E
505
90116
1604
900.09
4.0013
301
104
HOPE 1
506
90216
005
902.06
1.033
24'
70
HOPE
002
894.50
001
890.09
8.740
18'
52
104E -91
Storm Drainage
Collection Lines
50
50
PIPE TABLE
09211
100000
'45-
CRUX X
511E
INCNE5
119100
1941
LOS
901.40
L01
894.60
5.10%
15'
153
HOPI
L91
151.40
LO3
951.50
2.61%
15'
215
HOPE
505
909.97
004
907.50
1.27%
15'
119
ROPE
106
909.73
405
909.07
3.79%
12'
HOPE
X01
691.00
1102
890.15
0.410
206
WPC
403
84209
401
191.10
155%
18'
71
HOPE
5102
89491
102
692.99
1.50%
10'
151
WPC
101
904.35
103
995.50
673%
15'
152
IOPC
105
99575
104
904.45
1.94%
15•
57
HOP1
1101
901
002
89330
00501
927.50
103
995.97
0.51%
105
90115
1.009
001
92510
4.17%
15'
24'
10'
50
HOP1
RCP
502
967.60
401
90700
5.67%
24'
109E
105
910.10
101
901.90
1.119
15'
132
ROPE
004
915.4
725
910.20
1.95%
15'
903
RCP
505
916.90
724
41510
1961
15'
56
RCP
501
502
102
90110
910.20
807.70
103
501
101
901.70
97220
901.00
0.49.%
1.558
0.65%
15'
15•
16'
81
132
85
H9PE
HOPE
HOPE
703
90930
005
901.10
1.111
15'
132
HOPI
401
511.00
301
589.50
1.2679
15'
111
HOPE -05
3975
401
902
125
902
594.00
406.00
911.00
921.00
661.40
002
0D2
401
402
692.10
99200
901.00
911.10
170%
121
112
1,1110
15'
100
3.70%
15'
108
6DPE
HW1E
POPE
1.63%
15'
214
RCP
901
501.90
2.161
48"
61
RCP-%1
101
690.50
502
691.50
3.53%
15'
124
HOPI
001
901.55
X91
65160
4.418
15'
67
90°5
005
901.00
002
901.63
2.62%
15'
85
7011
901
541.50
101
19420
1.63%
15'
29
0X170
202
481.65
201
51855
1.15%
40'
150
RCP
203
090.10
202
811.95
1.19%
48'
162
RCP
104
901.10
203
89030
2.006
RCP
205
999.00
204
901.20
1.44%
56'
322
RCP
207
905.29
204
901.20
1.31%
56'
360
RCP
208
906.57
207
90630
1.13%
31'
24
RCP
7103
58500
7151
89590
0.51%
6'
195
119 -501
#j11 . 13,0956C14131103143,N AS 14042E0 BY 5101101 435000101.
WI >• 14418 0 01511 49151 A
The drawing was prepared by Littlejohn Engineering Associates.
Annotations have been added by Stimmel Associates for exhibit
purposes only.
STRUCTURE TABLE
CODE
026001911041
6111E
00411046
(85160
901
50904E CURB 3101
89900
665135,97
1689557.65
6011
HEADWALL
1/6
154699.4
1619421.13
9019
367607 1049 MIT
199.10
05494114
1699462.41
602
50151 CURB 811E1
999.70
855181.60
1686554.90
805
1054.E CURB BEET
992.69
05516145
166947/31
004
5195E 1009 MEET
910.50
655579.11
1669652.72
605
5015E CURB 81067
618.69
95537404
1689714.31
606
YARD INLET
929.01
955417.74
1690019.76
101
904050 0049 IsliT
951.60
694901.09
180968419
0074
HEADWALL
1/1
954619.14
1419471.67
C019
00000E CURB POET
899.00
054045.96
1691516.46
002
000119 1059 OUT
90600
954979.14
1609776.39
103
DOUBLE CURD 11617
99930
154421.11
1109810.90
104
IMOOE 1050 18,01
199.13
65490521
1649853.57
015
1011101 000
899.50
65168012
1699667.41
906
_....A195_1111.81..0 ..
613.95
- 654554.51_.1689920.51
136*
1041904 BOX
914.00
154964.91
1609963.50
101
J91Cl6R'1 1"'
113.90
351955.02
-1-69669.19:0-
11111
91041 04199 04501
913.50
65436130
1690131.27
COO
9645E 14114 54304
915 -60
65491596
15901.2.57
010
900.E CATCH 84504
913.40
554649.71
1910155.05
111
311010 00101 60581
911.50
554773.42
1590304.94
112
551111 1050 5.1,E1
916.09
051791.61
1690101.26
115
50410 CORE 0,171
615.09
65482567
1499155.18
DOI
814(5431
1/11
85465516
1609548.66
002
SINGLE CATCH USN
191.90
65473412
1619094.56
005
JUNCTION 560
119.95
551736.05
1100190.43
COI
313/11011 BOX
59750
85481552
1686164.51
302
50144004 008
59590
65470619
1409500.28
701
9 1959,E CORE MET
911.00
855059.59
1191130.13
FOR
5001E CURB 6101
911.95
65500159
1690117.41
801
9645E 0114 BASH
915.35
854561.12
169024102
502
94401E 191111 94.051
51113
86465102
1110210.56
103
309/1104 908
91415
05461325
1659191.02
904
ANGLE CATCH 14514
615.90
65455085
169512/92
NO1
51445E COES 91E1
915.40
854140.16
169029567
902
91491E 6.610 8011
61340
85461105
111530315
201
5725E CURB 5581
91959
85455111
169047117
801
HEADWALL
0/5
85415115
16196//01
402
9001E CURB MET
69190
85403034
1696844,27
405
555.0E 1018 18701
604.50
95/04459
1489964.53
504
9159,E CURB MET
00710
154151.95
1690016.76
405
10911014 BOX
91000
85425290
169025922
406
11.120 161E7
006.17
454529.51
169021176
001
HEADWALL
1/4
154201.55
1689704.12
102
DOUBLE MR 0.11
49990
654196.27
1689754.14
103
5600E CURS 114LE1
935.00
954243.90
1669171.17
001
511701E CURB INLET
910.95
154441.34
1669946.55
0175
3*000 011014 51515
91350
45452115
1691020,14
106
9151 CATCH BASH
91350
554539.26
1000046.54
101
5601E CURD 0011
89590
453924.98
1689060.69
152
51951E CUM INLET
898.00
951150.57
1649946.68
405
51961E CUM 0011
93360
153914.12
1090061.44
851
56014 CURB 110E1
907.50
65197906
1490177.19
405
51183E CUM Nil
909.19
053952.16
1690230.40
791
51901E COW 11427
902.00
653860.44
1890070.36
P01
14120 19111
904.11
154190.74
1690504.59
001
HEADWALL
4/8
555156.29
1090287.41
002
HEADWALL
9/4
15521517
1090281.64
STRUCTURE TABLE
COOL 105CRIP51611 .09124[ NORTHING 5151911
504 9540855 5/4 154117,52 1690356.25
902 51041 CUB 50E11 511.00 85413326 1096444.92
801 514011 CUM 10,07 313.01 914104,57 1590557.25
904 534610 CURB MET 920.41 534260.61 1690711.58
005 THOLE CURB MET 95041 03418919 1690775.49
501 5400E 0008 PREI 911.0D 911204.19 119040139
552 51061E NAB NET 913.00 85327150 199051473
101 14079*11 8/3 854288.88 169025615
102 54005E CURB 0511 51100 654310.58 169053675
101 510616 151 80.01 91300 954317.55 169044417
001 HEADWALL 0/8 854420.12 1669670.15
UO2 90011 111047 61314 891.05 654487.71 1689158.12
9303 9860E 14101 641249 900.50 05/44510 1689670.11
101 101063E CURB MEP 910.55 955013.54 161907169
722 00061E CURB MET 91526 05506601 1119956.99
055 SINGLE 041111 84593 911.00 15515612 1690751.12
431 01705910 1/1 151459.14 168934397
002 P0015 001117 891,10 654410.17 1604440.91
161 01400E CUM 972 90590 055302.62 165939596
732 9445E CURB 94.11 965.15 555367.10 145911110
105 5110.6 CUR0 51411 90750 055424.23 108947199
961 TRENCH DRAM 19750 554650.8E 1649795.17
50 201 95409111 14,01 55407615 1049567.07
50 169 6014704 DOR 997.90 054154.62 104975140
47 105 1001104 BOA 91100 85432951 169016142
# 264 SINGLE CATCH 08510 970.60 85460104 1690636.00
A 105 0(109111 5/1 854040.56 169046740
# 201 99101E 011011 BASIN 51910 854199.00 1690614-50
I5V8.1s4E4l
7E01 151804E 039.50 854700.91 1659055.11 1.
( 2092 ELM 44/5 45465976 1609496.14
.515'g 17LSkaf0H00960fbli Ni 11 R071TFD3f511D37E "i590l0Ai(s.
Tonn 93 5emelm6e
Pat& Works De(Orna1
APPROYED 4014 CONSTRUCTION
Conan uv Tonn'e Cone4.4Ni0n 8arrices Sap,
40 95680 9966916 prior l0 5.095911104301
Si e&
Tenn Engin,.
GRAPHIC SCALE
SIZE PLAN 38100710E
1
DEVELOPER:
DESIGN BUILDER:
ARCHITECT: ENGINEERS /CONSULTANTS:
-
D8ins1-106 •
OVERALL STORM DRAINAGE
PLAN
P1D E%Trde
VA HEALTH CARE CENTER
KERN ERSVILLE
916 aNVA- pmDer -TZ -X 036[
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InirstonSolem Hea1115c44e Development LLC
200 Port Avenue
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New YOrE, 44910166
e0n1oCL'Mr.Edw0rd3. -i'.
Lend Lease Telephone: 615
FGcoor4n 6159672686
NavolerR11B289.01
Lend Leasa lust COns1009on lnc.
2300 Yorkmonl Road
�IMe 700
Charlotte, NC 25217
Telephone: [phone]
1aoeomi.9 7033572857
renx..649269.We11
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CURVE NUMBER: 61
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CURVE NUMBER: 98
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Stimmel
Stimmel Associates, PA
Land —pa ArrhiIECINra
Ciwl Engineering
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601 N- Trade S4ee1 5u1e 200
WnsIO� Salem. NC 27101 -2916n
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INVESTMENTS
DATE', 9112!2013
RLVISIONS:
JOB. NO: 13 -114
SHEET TITLE:
DRAINAGE
AREA
MAP
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INFORMATION AND THEREFORE MAY NOT REFLECT FINAL. a IW 200 30o SCALE: r -1oa
® SHEET NO.:
SITE LAYOUT. NO SITE RESEARCH HAS BEEN CONDUCTED. . D
o CONDITIONS MAY CHANGE SIGNIFICANTLY.
North SCALE: tar _
Q STIMEL ASSOCIATES, PA.

All
September 27, 2013
Town ofKerneroviUe
P.O. Drawer 728
Kenneosvi||e' N{} 27285
Attn: Russell Radford, PE, Town Engineer
Subject: Request for Variance for
8tormwaterNamgement Requirement |n the Pre-Developed Condition
Blue Diamond Property adjacent to the Proposed Veterans Administration Hospital
Dear Russell,
|am writing this letter un behalf of Blue Diamond Investments h) request a variance inthe timing of installation nf
stormwater management BMP' for the bject property. The Veterans
the Blue Diamond Investments property, A stormwater bypass system must be constructed to convey stormwater runoff
from the Blue Diamond property around or through the VA site, for consideration of earthwork operations and to keep
runoff from Blue Diamond property separate from that of the VA site. The bypass system discharge point falls within the
West Fork Deep River buffer which is a tributary within the Randleman Lake Water Supply Watershed. A rip rap energy
dissipater will be provided at the discharge point. The Randleman Rules require that concentrated runoff from manmade
conveyances be converted to diffuse flow before the runoff enters Zone 2 of the buffer, unless stormwater management is
provided for the runoff. Sufficient space to convert discharge from the bypass system to diffuse flow is not available
outside the buffer, therefore a stormwater BMP is required by the Rules, Given the characteristics of the Blue Diamond
property and other upslope properties, Blue Diamond Investments is requesting a variance to delay installation of the BMP
until such time as development of the Blue Diamond property begins,
A development plan has not been prepared for the Blue Diamond property. Designing and building aatmnnwmter�B01P
before development plan is in place causes the development to be designed around the BK0P, which may not yield the
best and highest use of the property.
The total basin area draining to the bypass system is approximately 48 acres. The Blue Diamond property (28.8 acres) is
undeveloped, with O96 built upon area (BUA). The remaining drainage area (192 acres) upa|upeVf the Blue Diamond
property is very sparsely developed aa large lot residential. The upo|ope area currently has approximately 796BUX The
aggregate BUAof all properties upslupeof the \A\ site is2.7S96. Runoff from this area flows overland through wooded
areas and vegetated conveyances to the point where the bypass system through the VA site would intercept thiis water,
The shortest flow path from the nearest rooftop is at least 700 feet from the bypass system inlet point.
Given the extremely low BUA of the upslope properties and the length of the vegetated conveyances, we believe that
adequate treatment is already being provided within the natural system without having tu build on engineered BN1P prior bm
development ofthe property. Untreated stormma[errunoff from the Blue Diamond property discharged into the buffer from
the bypass system will have the same characteristics ae untreated runoff from the same area discharged into the buffer
through the natural system. We believe that water quality will not be compromised by deferring installation of the
stormm/ahsr management ByNP until development nfthe Blue Diamond property occurs, and that the intent of the
Randleman Rules will be satisfied.
emwTrade
Winston Saltim, NO 27101-2916
p336,no.nmn F; 336.723,1069

Blue Diamond Property
3turmv«ober Management Variance Request
September 27,2813
Page
Blue Diamond Investments understands that utorm1mmahy management will hm required for their development. They are
simply requesting that final design and construction of the stormwater BMP be deferred until development of their property
begins. The specific time frame anticipated for development of the property to begin moving forward is unknown, however
we believe that completion of the Kernersville Medical Parkway in the fourth quarter of 2013 will be a primary catalyst for
development in this area.
We believe that granting this variance request is justifiable for the following reasons:
w
It is a minor deviation from the requirements of the Randleman Rules, since Nonly requests that implementation mf
the stormwater management plan be deferred until development of the Blue Diamond property,
*
Deferring implementation of the stormwater management plan will not negatively impact surface waters.
�
The requirement for implementation of the stormwater management plan prior to development of Blue Diamond
property is not due to actions of Blue Diamond Investments, but rather due to development of the adjacent VA
property.
�
The requirement for implementation, of stormwater management prior to development of property is rare, and in
this case only applies to Blue Diamond Investments and not to the upslope residential property owners, which are
also contributors ofrunoff to the bypass system.
� |tis|n harmony with the general purpose and intent cf the State's riparian buffer protection requirements and the
Town's Ordinance and preserves its spirit.
�
The public safety and welfare have been assured, water quality has been protected and substantial justice has
been done,
Thank you for your consideration of this variance request. Please contact maJ you require additional information.
Sinoe**W,
1 Neal Tucker, PE
Stimme|Ansooiab*s. PA
Cc: Jeff Hunter, Pope Companies
vnv
CA
SEAL
AL

COMPANIES
INDUSTRIAL • COMMERCIAL • LAND DEVELOPMENT
1349 -0 SOUTH PARK DRIVE KERNERSVILLE, NC 27284 (336) 995 -5000 Fax [phone]
VIA EMAIL: [e-mail]
September 30, 2013
Mr. Russell Radford
Engineering Director
Town of Kernersville
134 E. Mountain Street
Kernersville, NC 27284
Re: Commitment to Install Stormwater Management BMP(s)
Blue Diamond Investment Property Adjacent to the VA Hospital
Dear Mr. Radford:
This letter shall serve as a commitment by Blue Diamond Investment Company, LLC to install
stormwater BMP(s) on the subject property as required by the Randleman Watershed Rules prior
to the issuance of the Certificate of Occupancy for the VA Hospital, unless a Variance is granted
by the NC Division of Water Resources and the NC Environmental Management Commission, to
defer installation of the stormwater BMP(s) until such time as the subject property is developed.
Sincerely,
ident
3H/cs
cc: Neal Tucker, Stimmel Associates, P.A. (via email: ntucker @stimmelpa.com)