20140822 Ver 1_Emails_20140414

Burdette, Jennifer a
From: Neal Tucker <NTucker @stimmelpa.com>
Sent: Monday, April 14, 2014 2:25 PM
To: Burdette, Jennifer a
Cc: Ana Jaramillo (AJaramillo @toknc.com); Homewood, Sue; Jeff Hunter
Qhunter @popecompanies.com); 'Hank Perkins' (hank @eastcoastcapital.net)
Subject: FW: Blue Diamond Draft Revised FOF
Attachments: TOKernersvilleBlueDiamond _MV_FOF_May2014DRAFT.docx
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stimmel
LANDSCAPE ARCHITECTURE I CIVIL ENGINEERING I LAND PLANNING
J. Neal Tucker, P.E. Partner/ Director oil' vil Engineering
336.723.1067 x104 I cell: 336.817.2524
601 N. Trade St. Suite 200 1 Winston - Salem, NC 27101
www.stimmelpa.com
From: Burdette, Jennifer a rmailto :Jennifer.BurdetteCa)ncdenr.Qovl
Sent: Monday, April 14, 2014 12:18 PM
To: Ana Jaramillo; Neal Tucker
Cc: Homewood, Sue
Subject: Blue Diamond Draft Revised FOF
Ana & Neal,
Attached is a draft of the revised findings of fact. We recommend finalizing the document on TOK letterhead. Please
let me know what you think of the revisions.
Thanks,
Jennifer
Jennifer A. B
401/Buffer Coordinator
401 & Buffer Permitting, Unit
Wetlands Branch
NCDENR - Division of Water Resources - Water Quality Programs
1650 Mail Service Center
1

807-6364 phone
807-6494 fax
*Email correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to
third parties unless the content is exempt by statute or other regulation.*
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Request for Major Variance from the
Randleman Lake Riparian Area Protection Rules
Blue Diamond Investment Company, LLC
1349 -C South Park Drive
Kernersville, NC
May 7, 2014
Blue Diamond Investment Company, LLC has requested the Water Quality Committee (WQC) grant a
Major Variance from the Randleman Riparian Area Protection Rules (15A NCAC 0213 .0250) diffuse flow
requirements for a Medical Business Park (MBP) project in the undeveloped condition located at the
intersection of Kernersville Medical Parkway and Macy Grove Road, Kernersville, NC. The proposed
facility will impact six hundred (600) square feet of Zone 1 and four hundred (400) square feet of Zone 2
of the protected buffer.
Accordingly, pursuant to 15A NCAC 02B.0250(12), 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 has been achieved.
15A NCAC 02B .0250 (12)(a)(i) states the 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 Rule, he /she can secure no reasonable return
from, nor make reasonable use of, his /her 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 Rule that shall make reasonable use of the property
possible,
B. The hardship results from application of this Rule 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 Rule.
E. The hardship is rare or unique to the applicant's property
The Town of Kernersville finds the following:
There are practical difficulties that prevent compliance with the strict letter of the riparian buffer
protection requirements:

A. Although the applicant can make reasonable use of and secure a reasonable return for the
property without a variance from the diffuse flow requirements of the Randleman Riparian
Buffer Rule, there are practical difficulties and unnecessary hardships related to meeting these
requirements prior to development of the Blue Diamond site. The proposed Veterans
Administration (VA) Hospital site will be constructed prior to development of a site plan for the
Blue Diamond site and separates the Blue Diamond site from the West Fork of the Deep River.
Due to the size of the drainage area of the Blue Diamond site and its location upslope of the VA
site, the volume of stormwater runoff draining to the proposed bypass channel is too large to
incorporate its treatment with that of stormwater from the VA site or to diffuse using a level
spreader. Therefore, separate stormwater BMP(s) must be installed on the Blue Diamond site
to comply with the Buffer Rule. Because the predevelopment topography of the Blue Diamond
site consists of two drainage areas, significant site grading or two BMPs would need to be
constructed in order to treat stormwater runoff prior to development of the site. Therefore,
Blue Diamond Investment Company, LLC requests a variance to delay installation of BMPs until
development of the Blue Diamond property begins.
B. The hardship results from the application of this rule due to the sequence in which these two
specific properties will be developed rather than from other factors.
C. The hardship is due to the physical nature of the applicant's property. Because the VA Hospital
site separates the Blue Diamond site from the nearest receiving stream, development of the VA
site impacts the development options for the Blue Diamond site. Although the BMP for the VA
site could be re- designed to include the predevelopment stormwater runoff from the upslope
properties, a high flow bypass channel would become necessary once the property is developed
for a commercial use. However, it would be impractical to construct a bypass channel for the
Blue Diamond property after the VA Hospital construction is complete.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule.
E. The hardship is unique to the applicant's property. Lack of an existing stormwater conveyance
for such a large drainage area combined with high- density development of the downslope
property prior to the applicant's property situated upslope is a unique situation. 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 provide a high
flow bypass channel that will be necessary for the development of the Blue Diamond property.
15A NCAC 02B .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 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. Converting the by -pass flow coming from Blue Diamond property to diffuse flow is impractical;
therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman
Riparian 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. 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, Low Density Residential as per 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 %. Runoff from this area flows overland through wooded areas and vegetated conveyances
to the point where the bypass system through the VA site would collect this water. The shortest flow
path of stormwater from the nearest BUA is over /through at least 700 feet of vegetation/ undeveloped
area. The design of the storm drainage bypass line outlet consists of a rip -rap channel, energy dissipater
device that will tie into the stream to protect the stream bank and discharge point from erosion. Given
the characteristics of the Blue Diamond property and other upslope properties and the design of the
storm drainage bypass line outlet, the Town of Kernersville believes that water quality will not be
compromised and the intent of the Randleman Rules will be satisfied by deferring installation of the
stormwater management BMP until development of the Blue Diamond property occurs. Therefore, the
variance 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.
15A NCAC 0213 .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 finds the following:
It is usually impractical for multiple owners to manage a single BMP. Even if a satisfactory agreement
can be achieved initially, this can be negated if ownership of a property changes. In addition, managing
stormwater close to the source where it is generated helps to reduce the impacts of built -upon areas on
the environment. Dispersing BMPs throughout a large drainage area reduces the size of the
conveyances needed to carry stormwater, which reduces the risk of erosion and can also reduce costs.
Smaller BMPs can be easier and less costly to maintain and therefore are more likely to be maintained.
Also, using more BMPs reduces the risk of failure of a single, large BMP. If one component of a BMP
network fails, the remainder of the BMPs would still provide stormwater treatment. Also, a single, large
BMP presents a greater risk to public safety from potential drowning and dam failure.
The variance 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 occurs. 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.
Recommendation:
Based on the information submitted, the Town of Kernersville supports this request for a Major Variance
from the Randleman Riparian Area Protection Rules 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 NCAC 02B .0250
(12) provided the conditions listed below are required. If the Water Quality Committee approves this
request for a Major Variance from the Randleman Riparian Area Protection Rules, the Town of
Kernersville recommends approval with the following conditions or stipulations [pursuant to 15A NCAC
0213 .0250 (12)(e)]:
1. This major variance shall only apply to the applicant for the specific property and for the specific
uses identified in the applicant's application and supporting information.

The BMP to be designed and built when the development of the Blue Diamond property takes
place shall 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 allowed under the
Town of Kernersville Environmental regulations. Blue Diamond Investment Company, LLC may
design and build the BMP structure to consider the existing runoff from the drainage area
upslope of their property or by -pass that flow.
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 Investment Company, LLC 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 to submittal of the Stormwater Management Plan, the drainage easement for the 48 -inch
bypass line shall be recorded. A 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 applicant
for this Major Variance request, shall submit to the Town of Kernersville for review and approval
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.