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APPROVED 10/13/2014
<br />OC Board of Adjustment – 8/27/2014 Page 21 of 64
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<br />subdivisions. I am also a farmer. I have owned a farm since 1989 and part of this land that I purchased 1
<br />which we will talk about is also farm. I am going to talk about access issues, buffering issues, impervious 2
<br />surface limitation issues and I am going to conclude with pipeline safety. I am not a pipeline safety 3
<br />expert but I do have a piece of pipeline that sat in the North Carolina City Soils for some 58 years until I 4
<br />uncovered it and you might find it interesting and we will talk about that in a little bit. Let me start first by 5
<br />telling you what I own and where it is located. First, off Mebane Oaks Road, here, the next road is here, 6
<br />the next road is here. I own the area in black. This is my access road from Mebane Oaks Road. It is 7
<br />names Radner Farm Road and it leads out here. It is an 80 acre parcel. My neighbor is here tonight. I 8
<br />also own 105 acre parcel, here and I am going to go from east to west and cover several points during 9
<br />my presentation. Let me again by saying, I had a number of excellent conversations with Andrew Moore 10
<br />and Rob Priester and if it weren’t for being sued by SCANA, I would still be talking today but Mr. Rhoads 11
<br />wishes to move the process ahead and the only way he figures how to do that is sue people. 12
<br />Matt Rhoads: I am going to object to that because it is completely irrelevant in the criteria of the Board. 13
<br />Larry Wright: Objection heard is accepted. 14
<br />Joseph Zaragoza: Before I purchased this property, I did considerable due diligence. We have heard 15
<br />some about the old pipelines and what is coming. This is as complicated as you are going to get but this 16
<br />is actually what it looks like under the ground. In 1952, we have heard about the 10 inch pipeline that 17
<br />was installed, well, it is the one existing. In this area, it crosses under Nicks Road and comes to a valve 18
<br />station which is about 45 feet by 50 feet. That is 1952. That line continues on and over here it starts 19
<br />here and runs clear across here, much of it on my property. In 1999, Cardinal, which I believe is owned 20
<br />partially by PSNC installed their pipeline, the 20 inch line and it runs parallel. It goes under and over in a 21
<br />few places, at least at one place on my property, they go like that. There is a lot of flexibility with these 22
<br />pipes and the way they lay them out. Okay, 1999, the question was asked whether a special use permit 23
<br />was needed for this fenced area, this value station, one of the documents I am giving you, shows the 24
<br />easement that my predecessor of ownership the Nicholson’s entered into with Cardinal. There was one 25
<br />and it was revised six months later, in January 1999, the only revision in January 1999 was to require a 26
<br />50 foot radius vegetated screen buffer and today if you go out there, you will see two rows of trees right 27
<br />in this vacuity, there is another few trees here, there is none over here because it was wouldn’t have 28
<br />been practical given this area is where the existing 10 inch line is. So in 2008, one year before I bought 29
<br />the property, PSNC decided they needed an additional easement area which led me to think well, if they 30
<br />are ever do anything, they are going to use this or widened 2008 what they have purchased this piece so 31
<br />2010-2011 rolled around and I started to build my access road and in 2011 I built a culvert with DOT 32
<br />driveway permit. Then 2014, I first met Rob Priester on my property in March of this year. I took him all 33
<br />around; virtually everything I am saying tonight is what I told him in March. I said, really, you need to 34
<br />stick to this easement but if you don’t, you got to accommodate my road here and don’t make it 35
<br />impossible for me to develop my land. How could they make it impossible for me to develop my land? 36
<br />This is that culvert I am showing here. They could put their pipeline right here at this gray. Let’s say 37
<br />three or four feet rather than down here. This is where the 16 inch line could go, it could go anywhere 38
<br />along here. This is where the 10 inch line could go. Could go almost anywhere. This is an eight foot 39
<br />difference between the existing grade at Nicks Road, eight feet, why, because I have three foot ditches 40
<br />here and then five feet of minimum covered. If I were to build a road, they would tell me I need five feet 41
<br />of cover. No 36 inches. In fact, when I did build this farm road, they required, PSNC required me to add 42
<br />two additional feet of fill right here in order to cross it. They have yet ever to respond to my request for 43
<br />them to put this line down deep. I don’t know what it is, they can show it on plat, they can show it on 44
<br />drawing but if you don’t put it in writing, it doesn’t exist. So eventually, I will be a DOT standard road 45
<br />here. Right now it is a farm path. It takes me from Nicks Road to my farm fields. Let’s go on, you 46
<br />noticed I haven’t said anything like I am opposed to this pipeline. I never said that. Alright, so the 47
<br />pipeline, PSNC has a 35 foot wide easement on my property. Part of what I did. In addition to that 30 48
<br />foot easement, it says in simple language, you don’t have the right to use any of my land except for the 49
<br />easement. Something they don’t understand. They don’t understand English. This part of Radner Farm 50
<br />road is in contention. What I mean by that, Radner Farm road is existing on a 50 foot easement. 51
<br />Cardinal has a 50 foot easement; PNC has a 30 foot easement. Yes, they want to put their 16 inch line 52
<br />in the 30 foot easement right at the edge. But what else do they want. They want 20 additional feet of 53
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