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APPROVED 10/13/2014
<br />OC Board of Adjustment – 8/27/2014 Page 22 of 64
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<br />this road right of way as their right of way. Then they say, we can always work it out, really no big 1
<br />problems. Ask DOT that. As part of my recent due diligence, I have talked to Chuck Edward, District 2
<br />Engineer, District Engineer in Graham. He frankly says; make sure it is in writing. Be very careful with 3
<br />the gas company. So, let’s talk about my situation. Similar situation, where the land more contours and 4
<br />this is Radner Farm Road, this is my neighbor’s pasture. 5
<br />Larry Wright: Sir, could you stand on the other side, you are talking to the Board. 6
<br />Joseph Zaragoza: This is the property line between myself and my neighbor with the horse pasture. 7
<br />This is my 50 foot wide Radner Farm Road easement. This is the 30 foot PSNC easement and the 50 8
<br />foot Cardinal pipeline easement. These are the approximate locations in black of the 24 and 16 inch 9
<br />lines. PSNC says they want their 16 inch line here but they want to have plenty of additional feet of right 10
<br />of way. Now, they can put something in writing saying, well it really doesn’t matter, in a nutshell. Well, it 11
<br />really does matter. What of the conditions I am asking for you to say that if it doesn’t matter I want you to 12
<br />say to me as the Board of Adjustment that this 50 foot easement will remain a 50 foot road easement 13
<br />even though PSNC has decided they want part of the action. I think I talked a little about this situation, 14
<br />bury the pipelines to eight feet. Over here, this is the proposed PSNC valve station, 100 feet by 100 feet. 15
<br />On some documents, I have received, the screening is to be contained on my land but not within the 100 16
<br />by 100. Other documents they supply me, yes, we will put the screening as much possible within the 17
<br />valve station. I really don’t know what to think. And there is this other issue of so-called pervious gravel. 18
<br />Pervious gravel is a concoction of the State Legislature when they ruled gravel of a certain size is no 19
<br />longer to be considered impervious. Well, the legislature has a way of changing its mint. In fact, there is 20
<br />another piece of legislature that passed the house, that wants to study the whole question of any gravel 21
<br />of any size is to be considered pervious, or impervious or partially pervious. The problem comes when; 22
<br />let’s say the legislature says, this pervious gravel is now impervious. Well, what would be the effect on 23
<br />my property? Given the County’s regulations on impervious surface limitations, if this were 100 percent 24
<br />covered in gravel, it would eliminate 1.91 acres of my land, other than what is in here from any future 25
<br />development, any disturbance at all. Here again, I would like this Board to say tonight or whenever, if 26
<br />this gravel is installed, when it is considered to be pervious gravel, that all your pervious gravel in your 27
<br />minds, forever. Therefore, not having to trigger any additional set aside or this becoming impervious. It 28
<br />took me weeks to think that one up. Also, the County has these rules that if a lot are a certain age, that 29
<br />at some point, I cannot at this point deed this to PSNC because it would affect my development ability for 30
<br />the rest of my 105 acres. Mr. Harvey might explain that to you better than I can but at some point I want 31
<br />to be able to deed this to PSNC after I subdivide my land. I don’t want to own this thing and pay taxes on 32
<br />it and worry about it. They can worry about the pervious and impervious surfaces then. I am trying to go 33
<br />through this as quickly as possible. Now, we talked about pipeline depth, both at Radner Farm Road and 34
<br />at Nicks Road. I think what I gave you said about six feet of depth would be around here as opposed to 35
<br />the eight of depth over there. It is because the lay of the land and no longer a necessity of any kind of 36
<br />ditches on this side. The ditches would play nearly the problem as they would a mix. This is a farm and 37
<br />its excellent soils. Yes indeed I had it perked. I had soil scientist come out in 2009, incredibly good soils 38
<br />for residential development as well as farming. I had ask that one of the conditions be that when they do 39
<br />dig this ditch, they do it two separate stages. That would be to take the top soil, set it aside, don’t mix it 40
<br />in with the other material, take the other material, sift or whatever you do with it, put it over there and not 41
<br />destroy the topsoil. Fill it back it and put the topsoil back on. Saves a lot for any requirement of 42
<br />additional fertilizer, etc. One of the things I have presented to you, it is in black and white, this is an 43
<br />original. You can see it is original because it bled through. It is hard to see but this is Nicks Road, this is 44
<br />my farm path, this is a tiny creek, this is my future subdivision lot. I think this and the culvert shows that 45
<br />I was planning this thing well before PSNC came up with the idea. Let me show you one other thing that 46
<br />is of interest to me. You see this pond, there is this pond here that was built after the pipeline went in. 47
<br />This is the reason why the pipeline needs to be come this way, this avoids the pond. The pipeline went 48
<br />in, the pond was built on top of it, PSNC never took the steps to eliminate that pond and if PSNC doesn’t 49
<br />lower the pipe to where I can build a DOT standard road, it is because they were …. 50
<br />Larry Wright: No dialogue please. 51
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