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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 4 of 64 Larry Wright: The emails are from Mr. Garcia…. 1 Michael Harvey: And Ms. Jones and the memorandum from Mr. Shaw. 2 Matthew Rhoads: We actually object to admitting the emails either in abstract or the ones from Mr. 3 Garcia and Ms. Jones on the basis that is unsworn evidence and it is hearsay. We are not able to cross 4 examine them on anything they said. 5 Michael Harvey: Could you state your name please. 6 Matthew Rhoads: Matthew Rhoads, I am an attorney with Smith Anderson Law Firm representing PSNC 7 Energy and I have been sworn. 8 James Bryan: I believe he is correct that any of the testimony has to be said in person. You can accept 9 it but it will have little or no value at all. Perhaps to collaborate something else. It certainly may not be 10 used as support for any key finding so you cannot accept it, you can accept it and give it its due weight 11 which I would recommend is near nil. 12 Larry Wright: I would like to accept it and give its due weight because there are some things that do 13 support or do…well let’s say we have Mr. Joseph Zaragoza and it is sort of …. kind of a companion to 14 what he says so if Board members want to ask questions about Mr. Zaragoza’s in the packet, we can 15 refer to this too. Is that right? 16 James Bryan: Without knowing what you intend specifically, yeah, it is a common practice to go ahead 17 and accept it. 18 Larry Wright: I would like to accept this for the Board’s reference. 19 Michael Harvey: Mr. Chairman, I would also like the Board to take notice, PSNC has provided staff this 20 evening, with documentation of existing easements as well as additional information concerning the 21 permits that they have either been issued or submitted for this particular project. These permits include 22 authorization from the North Carolina Utility Commission, Army Core of Engineers, Section 4 for Wetland 23 Impacts, US Fish and Wildlife response to review this application, North Carolina Division of Water 24 Resources, the North Carolina National Heritage Program, State Historic Preservation Office, North 25 Carolina Department of Transportation, Erosion and Sedimentation Control Plan and permits issued by 26 the Orange County Planning Department regarding the potential flood plain crossings for the proposed 27 gas line. I would like those entered into the record as well. I am afraid I only have the one copy but they 28 can be distributed. I would like those entered into the record. 29 Larry Wright: So these will be referred to specifically. 30 Michael Harvey: Applicant Exhibits 1 and 2. 31 Larry Wright: I am going to put these on the center of the table. 32 Michael Harvey: And Mr. Chairman, without further ado since the hour is getting a little late and we have 33 several people who would like to speak this evening, I would like to summarize staff’s abstract. As you 34 know, we are here reviewing a proposal by PSNC to install a 16 inch gas transmission line from 35 Alamance County along Mebane Oakes Road to an existing regulator station on Old North Carolina 36 Highway 86 within the Town of Carrboro’s planning jurisdiction. It should be noted that county planning 37 staff has had several inquiries from property owners in this given area of Carrboro along Old North 38 Carolina Highway 86 specifically about whether or not those properties are subject to this petition. They 39 are not. There are several groups of properties that while not formally within the corporate limits or within 40 the extra territorial jurisdictional boundary of the Town of Carrboro are subject to the Town of Carrboro’s 41 Land Use Development Regulations per the Orange County/Carrboro/Chapel Hill Joint Planning Land 42 Use Plan. This is what is referred to as transition areas. These groups of properties are actually subject 43