PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday,. July 13, 2021 6:00PM Bermuda Run Town Hall Mission: "The Town of Bermuda Run exists to) provide core public services that enhance the quality oflife fori its residents and an environment, for the business  DERMUD,  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  "Ttis tbe intent of tbe Town Council to. solemmize the procedings of this meeting and the business bronght before tbe  governing board, to ofer the opportumily for a reflective moment ofs silence.' "  4. Adoption of the Agenda Motion:  Second:  In Favor:  Opposed:  5. Approval of the June 8, 2021 Town Council Meeting Minutes  Motion: 6. Citizens' Comments  Second:  In Favor:  Opposed:  7. Update - Davie County SheriffJD Hartman  Sheriff Hartman will provide an update of the community officer program agreement with the  Town.  8. Proposed Action Items  A. Bermuda Run Phase II Drainage Analysis  The Phase II Drainage. Analysis now complete provided a database framework for drainage infrastructure, hydrologic analysis, hydraulic analysis of Bridge Street crossing and ponds, hydraulic analysis at. Fescue Drive and through Warwicke area. As was previously communicated, the Phase II will create a complete database framework for drainage infrastructure to include Bing Crosby Boulevard and Bermuda Village areas to Bridge Street and further understand any potential drainage impacts from future development along east side of NC: 801 South. The Phase IIAnalysis is proposed to be complete at a fixed cost of $12,000. It is recommended the proposal be expended from the Utility Fund.  Motion:  Second:  Inl Favor:  Opposed:  9. Council / Mayor Comments 10. Town Manager Comments  11. Adjourn Motion:  Second:  In Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes June 8, 2021 - 6:00 PM  The Town Council of Bermuda Run held its scheduled meeting on Tuesday, June 8, 2021 at  6:00 PM. The meeting was held at the Bermuda Run Town Hall.  Council Members Present: Mayor Rick Cross, Heather Coleman, Curtis Capps, Mike Ernst, Chris  Fowler, and Ken Peacock  Council Members Absent: Also Present: Call to Order  Lee Rollins, Town Manager; Cindy Poe, Town Clerk; Brian Williams,  Attorney  Mayor Rick Cross called the meeting to order.  Pledge of Allegiance Moment of Silence  It is the intent of the Town Council to. solemnize the proceedings oft this meeting and the business brought before the governing board, to offer the opportunityfor a reflective moment ofsilence. Council Member Mike Ernst made ai motion to approve the agenda. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) inj favor and none opposed. Council Member Heather Coleman made a motion to approve the May 11, 2021 meeting minutes. Council Member Chris Fowler seconded the motion. The motion was approved by a vote offive (5) in  Adoption of the Agenda  Approval of the May 11,2021 Town Council Meeting Minutes  favor and none opposed. Public Comments- term structural issues. remote location in Bermuda Run.  Gary LeBlanc of168 Warwicke Place in Bermuda Run spoke about ongoing stormwater issues in his neighborhood and the hopes that funds from the American Rescue Plan. Act could help with the long- Derrick Wold, Director ofthe Davie County. Public Library, spoke oftheir strategic plan and a possible  Resolution Accepting American Rescue Plan Act of2021 Funds: R2021-02 Ina anticipation oft the availability of American Rescue Plan Act funds from the United States Government to be received through the State ofNorth Carolina, the Town Council must vote to accept those funds. Council approval ofR2021-02: meets that requirement. The Town of] Bermuda Run is projected to have an available allocation of $792,756.00 that will be in two separate installments one year apart. There will be strict guidelines provided for allowable use oft the funds, and a separate bank Council Member. Mike Ernst made ai motion to adopt the resolution as presented. Council Member. Ken Peacock. seconded the motion. The motion was approved by a vote offive (5) inj favor and none  account has been set up in order to maintain proper financial records for audits.  opposed.    Council/Town Manager/ Mayor Comments additional funds from the American Rescue. Plan Act.  Ken Peacock- Appreciates the large crowd at tonight' 's meeting and wants to be. supportive of considering requests made by citizens' comments. Lookingforwardi to what the Town can do with Curtis Capps Thanked. the. speakers and everyone for attending the meeting. Excited about the Mike Ernst Likes seeing larger crowd at the meeting; encouraged attendees to invite others saying it's important to be involved. Added that we have to be very responsible with how funds are utilized. Chris Fowler - Echoed the other Council. Members, thanking everyone for their participation. Heather Coleman - Thanked everyone for their attendance and participation, adding that she 's excited about the libraryplans. She attended the 10-year Celebration at WinMock on Saturday, June 50 and Lee Rollins - We 've received approval for Pavement Lifecycle Program with. LJB. Engineering All easements have been. secured for the Blue Heron Trail and documents are being reviewed at the. NC  allocation offunds.  said it was a veryfin event.  DOT.  Mayor Rick Cross -  10-year Celebration at WinMock on June 5 was a big success. Municipal Elections for November, 2021 - Filing period 7/2- - 7/16.  Kelly. Funderburk with the Register of Deeds Office will be at the. July Council Meeting with a Daniel. Furniture celebrated their 85" anniversary this past Saturday - Long-standing Davie Thanked everyone for their attendance at tonight' 's meeting adding that he' 's proud to be the  presentation. County business.  Summer Concert Series begins in August. Congratulated. all 2021 high school graduates.  mayor of such a great town.  Adjourn  With no further business to discuss, Council Member Heather Coleman made a motion to adjourn. Council Member Ken. Peacockseconded the motion. The motion was approved by a vote offive (5) in  favor and none opposed.  Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    (B.A.)  BERMU  TO: FROM: DATE: RE:  Town Council Lee Rollins, Town Manager July 13,2021 Drainage  Water Supply Watershed Protection & Stormwater  Overview:  The N.C. Environmental Management Commission and the Department of Environmental Quality have administered a Water Supply Protection Program since 1986. Initially, the program was administered voluntarily by counties and municipalities pursuing measures to protect their water supplies. The measures included limitations on the number and type of wastewater discharges allowed in the water supply watersheds. These limits were administered by the then Division of Water Quality, and in turn, local governments would adopt and enforce land use control ordinances In 1989, the N.C. General. Assembly ratified the Water Supply Watershed Protection Act (the Act), codified as General Statutes 143-214.5 and 143-214.6. The. Act mandated the state. Environmental Management Commission to adopt minimum statewide water supply protection standards byJ Jan. 1, 1991 and to reclassify all existing surface water supply watersheds to the appropriate classification by The Water Supply Watershed Protection Rules adopted in 1992 required that all local governments having land use jurisdiction within water supply watersheds adopt and: implement water supply watershed protection ordinances, maps and management plans. The rules required all municipalities with aj population greater than 5,000 to submit their adopted ordinances to the commission byJuly 1,1993. Municipalities with populations less than 5,000 were to submit their ordinances by Oct. 1, 1993. All affected counties were scheduled to submit their ordinances by. Jan. 1,1994. Davie County is subject to the state water supply watershed protection regulations established in G.S. 143-214.5 and established aj program on January 1, 1994. The state granted Davie County the right to cover up ten percent ofi its watershed area outside of the critical area up to seventy percent built-upon in accordance with 15A NCAC 02B .0216. As of] June 6, 2005, Davie County had an available allocation of9,444 acres within the WS-IV protected area and administered the program. In 2005, the Town of Bermuda Run established and began to administer is own zoning ordinance. Davie County then granted the Town 300 acres ofits 10/70 allocation, "4o be used at the. sole discretion of tbe town to enbance and encourage growth in eastern. Davie County". Most oft the zoning jurisdiction of the town is located within the WS-IV water supply watershed protected area. Development density requirements within the designated watershed, as outlined in Chapter 10.1 of the' Town of Bermuda Run Zoning Ordinance, shall meet all applicable minimum requirements of the state watershed rule as contained in NCAC Section .0200, in general, and 15A NCAC 02B.0216 inj particular. The original section of Bermuda Run Country Club golf course and residential lots began to be developed in 1971. Although water supply watershed regulations from the state and handed down to counties and towns were: not inj place at the time, the area characteristic originated and remains low density development with an overall average ofl less than two residential units per acre. In the mid to  to protect surface waters from stormwater runoff.  Jan. 1, 1992. These dates were modified by the General. Assembly in 1991.    late 1980s, the Bing Crosby Boulevard and Bermuda Village sections oft the Bermuda Run Country The Town of] Bermuda Run administers its Water Supply Water Shed Protection Program through its Zoning Ordinance. Chapter 10, Section 10.3 outlines requirements for stormwater mitigation:  Club area began development.  (A) Any development of greater than one (1) acre of distubed area shalll be subject to review byt theNCI Department ofEnvironmental Quality (DEQ) for soila ande erosion control approval. Any development outside of the Watershed Protected area is further subject to review by NCDEQ for compliance with the National Pollutant Discharge Elimination System (NPDES) stormwater program. (B) All stommwater detention and/or retention ponds and! basins shall be designed as an integral part ofthe development site and shalll be aesthetically pleasing (e.g. neatly landscaped, well-maintained, vegetated slopes, decorative fencing if fencing is used, etc.). Fencing ofs such facilities, when desired, shall be decorative and shall Low impact design (LID) techniques for stormwater control are strongly encouraged, Applicants for developments choosing to utilize LDt techniques shall refer to Low Impact Development: A Guidebook for) North Carolina published by North Carolina State University and the North Carolina Cooperative Extension. Developments utilizing LD techniques may exceed the maximum parking ratios set forth in Section 4.3 oft this Ordinance. A maintenance plan shall be provided (D) Concentratedi runofff fromi new ditches or manmade conveyances shall be converted tod diffuse flow! beforet the runoffenters: anyrequiredb buffer. Tot thei maximum extent practicable, stormwatershall bec designedt to sheetf flow: across properties inad diffuse manner and, unless topography dictates otherwise, shall be discharged to surface flow as close as possible to the impervious surfaces creating thei increased flow, Exceptions tot this requirement: mayb be madel by the Town forj permitted discharge into a Town or state-maintained. stormwater collection system. (E) Periodic corrective action shall be required to restore diffuse flow as necessary to (F) Ditches and vegetated conveyances shall be maintained toj prevent erosion and to correct siltation and debris collection thati impedes the ability of the conveyance to  bei inl harmony with thec overall character oft thes site.  for any development utilizing LD1 techniques.  impede the formation ofe erosion gullies.  perform properly.  In 2009, as a result ofi increasing resident calls to Town Hall concerning stormwater issues within the Bermuda Run East. Area, the' Town Manager, the Town Engineer and the Town Attorney collaborated to develop a Stormwater Statement of Philosophy for Town Council consideration. Stormwater responsibilities in the Town are a combination of public and private interests. Specifically, the public responsibility centers on public safety, publicly owned assets, street maintenance and rights-of-way maintenance. Private interests entail those areas of stormwater exposure on private property or between different private entities From time to time, the Town might consider possible participation in a private projectifit is in the best interest of the' Town with respect to public health and safety and / Or public assets. The Town may elect to proceed in conjunction with a private participant, sO long as Each property owner within the Town is responsible for the proper. handling ofs stormwater on their respective properties and ultimately is responsible for any harm to adjoining  the Town's participation is in conformity with established priorities.  property owners caused by their actions."    To accomplish the goals set forth in the Statement of Philosophy, on January 12,2 2010, the Town  Council unanimously adopted the Stormwater Management Policy.  Purpose:  Itis the policy of the' Town of Bermuda Run that all stormwater drainage facilities within the public right-of-way must be properly maintained to ensure adequate efficiency of municipal stormwater systems. In order to accomplish this goal, under the direction oft the Town Manager, the guidelines for such maintenance will be as follows:  General Regulations:  1. The Town of Bermuda Run shall maintain only the stormwater drainage facilities which are generally in the Town maintained street rights-of-way with exception to culverts and head walls under driveways within the rights-of-way; stormwater drainage facilities which are in permanent stormwater drainage easements conveyed to and accepted for maintenance by the Town; and stormwater drainage facilities which are on Town property. All other stormwater drainage facilities shall be the When stormwater drainage facilities have been placed or will be placed by others within Town maintained rights-of-way or within other Town maintained stormwater drainage areas, the Town requires that an encroachment agreement be obtained and the Town also has the right to require such drainage facilities be removed or brought up to Town standards and specifications under the following conditions: 1) the facilities do not meet Town standards Or requirements as determined by the Town Engineer; 2) where it is determined that these facilities are ad detriment to Town streets or other' Town property; 3) that the facilities endanger the public; and 4) where stormwater drainage facilities result in the need for frequent maintenance work Of repairs. The removal or upgrading of such facilities and the cost of the removal and/or upgrading is the responsibility of the individual property owner. Stormwater drainage areas and facilities constructed in these areas to handle stormwater must be approved by the Town Manager or his designee. The North Carolina Department ofTransportation (NCDOT) is responsible for stormwater drainage facilities on NCDOT rights-of-way, easements or property. The prioritization of corrective measures for the stormwater problems which are the  responsibility of the property owner(s).  2.  3. 4.  responsibility oft the Town will be based on the following criteria:  a. b. C. d. e. f g. 5.  Loss of life; Reduction in Public Safety Or Damage to Town Property  Major Property Damage Potential for Major Property Damage Minor Property Damage Potential for Minor Property Damage Minor Nuisance Flooding Public/Private Partnering for Project  Itis the Town's intention to be a good and responsible neighbor. Where there exists a storm water drainage problem which needs to be corrected, as determined by the Town, on public rights-of-way or on other Town maintained stormwater drainage facilities, and the adjoining of adjacent property owner(s) requests improvements over and above the minimum improvements which are necessary to mitigate said    problem as determined by the Town, then the Town has the discretion to allow the additional improvements be made with an agreement from the property owner(s) to be responsible for all additional costs associated with the improvements over and above the minimum necessary improvements. The Town will consider those requests based on the priority rating system and available funding. The Town may also request easement acquisition for these types ofprojects. The Town's acquisition ofTown maintained stormwater drainage easements and/or the cleaning, construction, Or repair by the Town of stormwater drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited  6.  to, flooding, erosion, Or standing water.  The Town Council discussed the topic of Stormwater at its August 25, 2020. Agenda Meeting. The conversation came as a result of an August 6, 2020: rain event and letter from Warwicke Place On September 22, 2020, the Town Council reviewed a suggested stormwater approach by Town Engineer, John Grey and an Outline for Bermuda Run Drainage and Stormwater Planning, by LJB Engineering. The proposed focus was to better understand current flooding and erosion, provide updated information to govern future growth to avoid nuisance and prepare to comply with On October 27, 2020, the Town Council was provided a proposal from Grey Engineering, in association with LJB Engineering, to model stormwater conditions in the Yadkin Tributary Area 3, Phase I. The analysis and assessment was proposed to ptovide an important tool to allow private property owners and areas within the Town Right-Of-Way to better understand the areas of possible responsibilities of each. The Town Council approved the proposal unanimously at the November Grey Engineering and LJB Engineering completed the drainage analysis and presented to the Bermuda Run Town Council for the June 22, 2021 Council Agenda Meeting. The report is provided The Phase II drainage analysis, as was described in Phase Ii information, will incorporate the Bing Crosby Boulevard area to include Hamilton Court, Bermuda Village and Saint George Place. The analysis and design work is proposed at a fixed fee of$12,000.. LJB can begin within two weeks ofa notice to proceed. They anticipate approximately 90 days to perform the scope of services  Homeowners Association President, Gary LeBlanc.  probable future stormwater regulations imposed by the State.  10, 2020 Town Council meeting.  for review.  Iami recommending the $12,000 be assigned to the Utility Fund.    nt tiec MNvaN  distingulshe  July7,2021 Leel Rollins Town Manager Town of Bermuda Run 1201 Kinderton Blvd, Suite 100 Bermuda Run, NC27006 Dear Mr. Rollins:  Re: Bermuda Run Phase 21 Drainage Analysis  LJB is pleased to offer our professional engineering services to perform hydrologic and hydraulic analyses ofa portion oft the existing drainage conveyance system in) Bermuda Runt to assess flooding LJB is prepared to offer professional services for the development of Phase 2 Drainage Analysis outlined in the attached Scope of Services document. Thej project area is shown in Figure 1 and encompasses thel Bermuda Run locations prioritized for additional drainage analysis following the LJB can begin within two weeks of ai notice to proceed. We anticipate between 90 days toj perform the Wej propose toj provide the structure analysis and design services, as outlined in the attached scope of Thank you for your confidence in LJB Inc. and we. look forward to continuing to work with the' Town to  frequency and extent. SCOPE OF SERVICES  completion oft the Phase 1 effort. scope of services. BUDGET  services, tol be billed as Fixed Fee with budget ofs $12,000.00.  assess drainage and stormwater concerns.  Sincerely, LJB Inc. RCL Roberto Canales, P.E. Vice President cc: Cindy Lancaster Enclosure  LIBI Inc.. 311-A South Main Street Kerersville, NC2 27284 (336) 996-99741 tel LIBinc.com    " - (D  distinguis"  SCOPE OF SERVICES  Project name: Bermuda Run Phase 21 Drainage. Analysis Client name: Town of Bermuda Run Date: July 7,2021  LJB Inc. has developed a detailed scope of services including project understanding, deliverables, exclusions, assumptions and project constraints. Thej project area is shown in Figure 1 and encompasses the Bermuda Run locations prioritized for additional drainage analysis following the completion oft the  Phase 1 effort.  PROJECT SCOPE OF SERVICES  This project includes the: following tasks for thel hydrologic and hydraulic analysis effort:  1. Coordinate with Grey Engineering for the collection ofs some additional survey information on pipe crossings under NC 801 and other drainage infrastructure that may not yet have been 2. Visit the areas within thel Phase 2 study areai not yet viewed or photographed by LJB: staff. 3. Refine thel hydrologic analysis in HEC-HMS to develop specific inflow hydrographs for analyses ofp pipe systems and overland flow ini the this subwatershed designated for hydraulic analysis. These characterizations will continue tol be compiled in GIS shapefiles as al long-term record of model parameters. A 6-hour frequency storm will be used as the design storm. The peak discharges will also be compared toj peak discharges estimated using the Rational Method. The range of modelled storms for which hydrographs willl be developed willi include a 50% annual chance (2-year) up to a 1% annual chance (100-year) storm, as well as the storm event of August 4. Perform analyses of the pipe networks withini thej project area: in SSA for the range of storms that 5. Developa at two-dimensional HEC-RAS: model of areas which require analysis of overland flow 6. Coordinate the analyses from the SSA and HEC-RAS models for consistent results between the 7. Develop ai report oft the results oft the existing drainage system analyses in regard to: flooding frequency and extent, inclusive ofmaps, figures, and recommendations on further study for 8. Compile an electronic data record of the analysis effort, inclusive of GIS files for the model parameters and the SSA results. HEC-RAS model files willl be zipped and kept as part oft the  captured west ofNC 801.  6,2020.  can be conveyed through the network. when the pipe capacities are exceeded. two. This may require several iterations. potential improvements. electronic records. ASSUMPTIONS ANDI LIMITATIONS  1. Field survey information to be provided by Client. 2. Noj permitting or design is included within project scope.  3. Project area for hydraulic analyses, inclusive of more refined hydrologicanalysis, is  shown on Figure 1 (attached).  5.2    Drainage Area Outlined in Red - Phase 2 Scope Includes Refinement of Phase 1 HydrologicAnalyses and Detailed Hydraulic Analyses  Potential Impacts of New Development  Hamilton Court  St. George Place  ID Bermuda Village  Figure 1. Phase 21 Drainage Analysis Project Area Date: June 2021  Feet 1,000  250 500    - $  - 6 00  € 9 E  I  I I  f e C  a  9  a 0 D  a S D  3 0 -  6  € 3 3 o & @ I  TOW  NA  :  6    (  3  - 9  a  D  I  a  €   E 3  B    V  V  - a 8 of a  1  : -  a /  TOW,  MA    Bermuda Run Drainage Analysis Report: Frequently Asked Questions (F.A.Q.s) What is the difference between the Town's Stormwater Drainage Policy and the state The Town' 's Stormwater Drainage Policy addresses issues related to the existing drainage infrastructure within the Town. Davie County's Watershed. Protection Ordinance is applied within the Town in terms ofregulating new development. Exceptj for. some developments which were planned and permitted prior to incorporation ofthe Town, development sites are limitedi to 24% impervious cover unless protective stormwater quality control measures area includedas part ofthe. site development. This limit applies throughout the Town per. NCDEQ requirements What is the difference between "hydrologic" and "hydraulic" analysis of stormwater Hydrology is the. study ofrainfall and water, especially its movement, ini relation to land. Hydrologic analyses estimate the quantity and rates ofs surface water runofffor aj particular rainfall event, and the timing ofthej flow ofrunoff at aj particular point ofinterest. Hydraulic analysis typically involves computations ofrates offlow through a pipe or channel network. More recent software also facilitates hydraulic calculations for surface water runoff across a land. surface ared. Hydraulic analyses are used to. size new drainage pipes and channels or calculate conveyance capacities existing infrastructure. Sometimes the analyses also include estimates ofmaximumj flood inundation elevations and areas for a specific rainfall The report references 50% storm flows and 10% storm flows impacting underground Flooding is analyzed in terms ofrisk ofoccurrence in any given year. So a. 50% annual chance storm has a. 50% chance ofbeing equaled or exceeded in any given year. Iti is sometimes also referred to as a two-year storm, since theoretically it would occur an average ofonce every two years. A10% annual chance storm event is estimated to have a 10% chance of being equaled or Rainfall patterns are not very consistent over time. Thus, FEMA has adopted and prefers to use the "annual chance risk" in referring to. storms. What used to be called the 100-year storm is I've heard that the reason the stormwater flooding issues have increased over timei is because of all the development on US 158 and the NC 801 intersection. Is that true? The Phase 1 drainage study did not specifically compare past VS. present flow rates or drainage system performance. Although a portion ofthe developed areas on US. 158 and at the NC801 intersection drain towards the lake above Bridge Street, none ofthose areas are drained through the Warwicke neighborhood. Runofffrom the developed. sites within the Phase 1 watershed along US 158 and at the NC 801 intersection flows through the golfcourse ponds between  required Watershed Protection Ordinance?  for Watershed. IV areas and MS4 Phase 2. NPDES areas.  drainage?  event.  stormwater pipes? What does that mean?  exceeded in any given year and has a 10-year "return period".  now labelled on FEMA mapping as the 1% annual chance storm.    Riverbend. Drive and. Ivy Circle. Those ponds provide substantial flood detention and thus I've heard that when Bermuda Run Country Club started cutting down a lot of trees along the golf course that this created the flooding issues for residents. Is that true? Although heavilyforested. areas do capture a lot ofrainfall and generally. have lower rates of runoffrelative to developed areas, it is unlikely that cutting trees along a golfcourse area would cause a significant increase in runoffift the areai remains well-vegetated with, grasses, shrubs,  significantly dampen the peakj floodj flows) from the upstream areas.  etc.  Is there a cost-effective strategy to eliminate all flooding?  No. It is not cost-effective to eliminate all flood risk. The conveyance capacity of most urban pipe networks is expected. to be exceeded in. storms more extreme than a 10% annual chance event, although culvert crossings under roads may be designed to handle larger events such as a What is the difference between public stormwater drainage infrastructure and private Public drainage infrastructure are. pipes and. structures within public rights-ofway or on public properties such as, schools, parks, offices, etc. In. some municipalities, easements have been acquired for drainage infrastructure through private property and the terms ofthe easement may  4% or 2% annual chance storm.  stormwater drainage infrastructure?  designate the infrastructure as public.  All other drainage infrastructure is considered; private.  What is the current case. law in North Carolina pertaining to stormwater drainage from Three (3) basic doctrines or rules have been applied in North Carolina regarding decisions related to conflicts between property owners related to. stormwater drainage:  property to property?  The "Common Enemy. Rule;' * The Reasonable Use Rule. "  The "Civil Law Rule, or Anti-Common Enemy Rule; and  Common Enemy. Rule, the Civil. Law. Rule, and the Reasonable Use Rule  The Common Enemy rule essentially states that surface water is an enemy that is common to all landowners. Under this rule each landowner is permitted to do what they will to alleviate the problem, and no other landowner will be responsible to another for problems caused by the flow ofwater. a landowner is privileged to use and improve his land for proper, purposes even though the natural flow ofsurface water is thereby altered. SO long as he uses reasonable care to avoid  causing unnecessary harm to others    The Civil. Law. Rule is quite the opposite: it. states that an owner is liable to another owner when they change the natural flow ofwater on their land and it results in harm to the. second owner. Both ofthese rules were softened over time and began to incorporate elements of  reasonableness.  Reasonable Use Rule. This rule states that landowners are allowed to make reasonable use of their property, even ifit results in harm to another landowner. Landowners will only be responsible for the damage they cause ifthe reason they changed the flow ofsurface water was unreasonable. However, in certain circumstances; even ifthe use ofthe land is reasonable, "Ithe gravity ofthe harm [to the plaintiffl may be found to be. SO significant that it requires compensation regardless of the utility of the conduct oft the defendant. " In other words, even if you act reasonably, there are times when the damage that you cause could be SO significant that itr requires you to compensate another landowner whose property. you have damaged. The above information was adaptedj from the Henderson County, NC website. Specific references to these rules in case law can bej found here: Atps/law.usla.com/cases/nortt-  gro'masupremecourt7/48--2mm.