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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 42 of 64 Michael Harvey: Mr. Chairman there are a couple of points I’d like to make on some of the questions 1 asked about all this, I don’t if this is going to answer but I’m going to provide it anyway. In the packet of 2 information that PSNC provided this evening and there is a letter issued by the US Department of the 3 Interior dated March 21st of 2014 it is signed by Pete Benjamin a field supervisor what this letter indicates 4 in the fourth paragraph of the second page is that basically the information provided and other 5 information available that appears that the proposed action, i.e. the pipeline project through Alamance 6 and Orange Counties, is not likely to adversely affect any federally listed endangered or threatened 7 species their formally designated critical habitat or species currently proposed for listing of the act. There 8 is concern they state in this letter about the potential impacts the proposed act might have on aquatic 9 species and they’re requiring and mandating that PSNC obtain an erosion and sedimentation control 10 plan from the North Carolina Division of Land Records Land Quality Control section prior to construction 11 and that all controls need to be installed and maintained between the construction site and a nearby 12 down gradient surface waters and that all existing natural vegetative buffers have to be maintained. 13 14 Larry Wright: Thank you. Do we have another speaker. 15 16 Michael Harvey: Yes, Thomas Averette. 17 18 Tommy Averette: Yes, my name is Tommy Averette I’m at 3818 Mebane Oaks Road and I really don’t 19 have nothing. It’s already been addressed pretty much what the meeting’s about so. 20 21 Larry Wright: Ok, thank you. 22 23 Tommy Averette: Thank you. 24 25 Michael Harvey: That’s all that signed up to speak sir. 26 27 Larry Wright: Ok 28 29 Joseph Zaragoza: I have a question. I’d like to follow up on one item. Again this is my property the 100 30 by 100 PSNC valve station earlier it was mentioned that SUPs that PSNC does get for all their valve 31 stations and SUPs for valve stations. My forty years being in land development and land planning I’ve 32 never seen a Board like yours approve a plan without plans in front of you. What do I mean by that, you 33 have no plans for this valve station. Take a look at your plans, no plans. I don’t see how you can 34 approve a plan without having seen the plans. I challenge you on it. There is no plans on this. 35 36 Larry Wright: I hear you. 37 38 Matthew Rhoads: The question is the application. You guys are being asked to grant the permit based 39 on the application. If he feels like that is outside of the application then when we come and knock on the 40 door to start construction I guess that’s an issue to handle then. 41 42 Larry Wright: Mr. Harvey, you’re the one that compiles these applications how that impact the lack of 43 that of the package we have here. The integrity of the package that we have here? In what we are to 44 decide tonight, in the standards by which we make our decision tonight? 45 46 Michael Harvey: Well, let me just say this Mr. Zaragoza is correct that there is no formal plan in this 47 packet showing the valve station. There is obviously the area delineated on page 19 of 49 of this packet. 48 Where they’ve denote and designate the area. There is obviously no valve apparatus present on this 49 document and there is no valve apparatus present in the packet. One of the things that PSNC has 50 argued to staff is that when you read Section 5.2.1 of the Orange County Unified Development 51 Ordinance, I’m sorry it’s 5.1.2 of the Unified Development Ordinance, is that their use is permitted as a 52 matter of right in every zoning district and one of those happens to be a pressure regulator relief station. 53 So their argument has been to staff that this is a pressure regulator relief station. There are standards 54 that they’ll have to go by with respect to landscaping, buffering, establishment in Section 5.9.1 of the 55