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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 44 of 64 the Special Use Permit. And then PSNC either has the ability to appeal that decision if it’s against their 1 favor or come back for modification. This Board can however, if it so chooses to take action on this 2 permit to either approve or deny in approving could stipulate that this does not include the disputed 3 valve/regulator station that Mr. Harvey is directed to make a determination as to whether or not it 4 constitutes a modification or not. 5 6 Larry Wright: I think we can do that in closed hearing. Do you agree Mr. Schmitt? 7 8 Jeff Schmitt: Yes. 9 10 Larry Wright: Do you have a comment sir? 11 12 Steve Hancock: I have 5 second question. Since my property wasn’t included on the application, does 13 that make the application incomplete? 14 15 Matthew Rhoads: Our position is that the application is what the application is and if it doesn’t cover a 16 property that is it is supposed to then we can’t build on that property because it’s not in the application. 17 So the question of whether we left something out and if we left a property in the middle of the pipeline out 18 that doesn’t mean you deny the application because you don’t think everything is in there, it means if you 19 approve it, we’ve still got a hole we have to go take care of. 20 21 Michael Harvey: That would also be a modification having to come back before this Board for 22 modification of the Special Use Permit. 23 24 Matthew Rhoads: But we believe the application is complete in all regards. 25 26 Karen Barrows: So, can I just ask in all this stuff of people that were sent notices, you’re Mr. Hancock, 27 he’s not in here. 28 29 Michael Harvey: What Mr. Hancock is arguing is that the pipeline goes through his property and he’s 30 arguing that according to PSNC’s application as submitted he has not been listed or contacted as having 31 the pipeline go through his property. And as a result, since his property is not shown on this, PSNC has 32 no legal right if the SUP is issued to do anything on his property because it never got approved by the 33 County. If that is truly the case, then PSNC will have to come back and do a modification to include his 34 property and there will have to be another application another public hearing. 35 36 Matthew Rhoads: We can’t answer whether that’s the case or not right now. 37 38 Michael Harvey: But it would only be for that specific parcel of property where the easement is going to 39 be renegotiated depending on what the Board decides to do this evening and then you also have the 40 regulator station which we’ll also address at a later point. 41 42 Larry Wright: I’d like to address the members of the Board, it’s now 10:59, I would like to keep going with 43 this hearing because I think we’re at a point where we can have closure tonight. Ok, Mr. Rhoads did you 44 have some summary statements. 45 46 Matthew Rhoads: I will be very brief and I absolutely appreciate the Boards’ willingness to stay at this 47 late hour. Again, I raise the objection that legally this is preempted by federal and state regulations and 48 that it’s not actually something that the County can require but as you know if we show competent 49 material evidence of all criteria we are entitled to the permit so I just very briefly want to go through the 50 criteria. The first one is the use will maintain or promote the public health, safety and general welfare 51 you heard testimony from Mr. Priester that it meets and exceeds all regulatory requirements state and 52 federal for safety that they are putting the pipeline deeper than they have to. They are building it in a 53 type of steel inside the construction that would be sufficient for a much higher pressure than they are 54 actually going to do all these different safety things where they’re exceeding the regulations. We talked 55