20140822 Ver 1_MV March EMC Presentation_20140312

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

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Buffer Impact
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Findings of Fact
Pursuant to 15A NCAC 02B.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 ai
met, and
the protection of water quality and substantial justice have
all been achieved in accordance with
15A NCAC 02B.0250(12).

Findings of Fact - (12)(a)
:al difficulties or unnecessary hardships are
it:
The applicant can secure no reasonable return
from nor make reasonable use of the property
without impacting the protected riparian buff e
The hardship results from application of this ru
rather than from other factors.

Findings of Fact - (12)(a)
iii. The hardship is due to the physical nature of t
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)
ie variance is in harmony with the general purpc
id intent of the State's riparian buffer protectior
�quirements and does preserve its spirit.
= findings of Fact - (12)(C)
i granting the variance, water quality has been
-otected and substantial justice has been done.

Town Recommendation
.own recommendation is that the Water Quality Committee approve th
r variance request.
Hater Quality Committee approves this request, the Town recommend. 4
proval with the following conditions or stipulations:
Stormwater ManaLsement Plan
Prior to issuance of any watershed and /or building permit, submit a
stormwater management plan to the Town of Kernersville Engineeri
Division for review and approval
BM P to be designed and built when the development of the propert
takes place shall treat the runoff for the total property basin area
draining to the bypass system (-29 ac) for the maximum built upon <
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?