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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 36 of 64 1 Matthew Rhoads: The easement, because it does not have a specified width, is what is reasonable to 2 carry out the rights granted. The rights granted specifically grant the right to put in additional pipelines. 3 So it’s not that the easement width grows, it’s the different portions are used. If there are two pipelines 4 they need to use 50 feet but again, I am objecting to all of this because the width of our easement is not 5 relevant in any way to any of the criteria before the Board. And quite honestly I think we’re getting to a 6 point now where we are forty minutes from the deadline that the Board would like to meet. My client is 7 entitled to a fair hearing in due process which we think means a decision tonight so to the extent that the 8 Board has decided to stop at 11 o’clock, we feel like we are entitled by due process to not have that time 9 taken up with what is irrelevant testimony. Testimony that is not relevant to any of these criteria. Now if 10 you’d like to the extent that we missed that 11 o’clock deadline because this irrelevant testimony it 11 compromises our due process and fair trial. 12 13 Larry Wright: I understand what you’re saying. Mr. Bryan? 14 15 James Bryan: What’s the question? 16 17 Larry Wright: I want to know where we are. 18 19 Jay Bryan: I’ll leave that issue for what it is. You all know the point I’m making and have made and this 20 side has indicated that there is no width to this easement and they can. 21 22 Mark Micol: Do you see the pipeline as a public necessity? 23 24 Jay Bryan: Not for my needs and I don’t believe that they’ve addressed that sufficiently. 25 26 Mark Micol: But you could say a highway may not be to your needs but the highway is still a public 27 necessity, correct? 28 29 Jay Bryan: It’s true. But it has to be subject to the and the other aspect of it is the location and character 30 of the use is supposed to be harmony in the area. 31 32 Larry Wright: Let me ask you a question, if indeed there is insufficient gas to supply medical facilities 33 etc., isn’t that within the public element interest? 34 35 Jay Bryan: It is. The issue really is I would like them to be restricted to this additional pipeline and to 36 define the easement as whatever it is, 40, 50 and that’s it. Right now we have nothing to defend against 37 in terms of what I just said. As far as the public interest, I’m not going to argue with that. The second 38 sets of concerns arise, and I’m going to try to be brief, but we live in two watersheds. Our property, I’ve 39 circled the watersheds, and our property is in the middle of it. Over the last year/ year and a half we’ve 40 suffered a series of floods and I’m going to hand up what have been marked exhibits Bryan 29, 30, 31, 41 32, and 33. I don’t have copies for the attorney although I can show him some. These photographs 42 show you the flooding that occurred at our property over the last couple of years from rain that has come 43 from other properties including the property that is being developed by PSNC and down the hill that we 44 reside below. When I wanted to get some help regarding the issue of the way PSNC was developing the 45 transfer station, I went to the Town of Carrboro. The Town of Carrboro told me they did not have any 46 jurisdiction even though it turns out they had issued a permit for the transfer station. I then came to the 47 County, the County told me that they’d had no control over sedimentation and erosion anything else 48 about the property that I needed to go to the state utilities commission. I went to the state utilities 49 commission and they were not of any help. I went back to the County the County told me to go to DENR. 50 I called DENR and DENR is the person that have been overseeing the sedimentation and control. The 51 problem for us and I’m going to quickly hand up pictures, I’ll tell you what the picture is. The problem is 52 as I said we have water coming from the south and from the north through our property. That is what 53 has caused this kind of flooding. We are extremely sensitive about water, additional water coming onto 54 our property. The development of the transfer station has indicated, and these pictures will show, that 55