2026-10-20 - Planning Board

Summary

Written from YouTube auto-captions of the meeting; names, figures and speaker attributions may be misheard. The captions have no speaker labels, and the Board voted by show of hands, so who moved, seconded or voted no is mostly not identifiable.

Time on topic (from transcript timestamps; approximate, includes side talk):

Topic	Minutes	Share
Piedmont Natural Gas LNG Facility Rezoning	284	90%
Public address	15	5%
Data Center Moratorium and Zoning Text Amendment	12	4%
Procedure (agenda, minutes, adjournment)	3	1%

Tuesday evening meeting in a full room, about 5 hours 15 minutes of captioned video (0:07 to 5:15:17).
Chairman Greg Greene presided with Ted Myers, Joe Hayworth, Dennis Shoaf and Randy Barney and alternates Jim Myers and Christian Jones (the Chairman explained that only five members vote and the alternates fill in).
The agenda and the October 6 minutes were approved without objection.
A short recess at about 2:24:46 (about 40 seconds of captions) is not counted as discussion.
The Board recommended the data center text amendment unanimously and recommended the Piedmont rezoning 4-1 with added conditions; both go to the Commissioners.

Public address

0:02:04-0:17:14

Speakers on the Piedmont rezoning were asked to wait for that hearing; the few who spoke now raised other points.
Complaints that Planning Board meetings are not videotaped and posted (only audio was added) and that the county discourages emails because they can be requested as public records; questions about conflicts of interest on the Board; recollections of the 1990 Piedmont Natural Gas explosion in Welcome and concern about emergency response to a gas facility.
Several speakers criticized the Board and staff in strong terms; the Chairman moved on to the agenda.

Data Center Moratorium and Zoning Text Amendment

0:17:14-0:28:55

No public comment was taken because it was heard on October 6. Lee Crook read the legal notice and walked through the staff edits since October 6.
Edits: a data center is classified by the power it uses at full buildout (power level drives equipment and noise); a certification of buildout power; the berm height raised from 10 to 40 feet; named districts exempt from screening; child care facilities added to the 1,000-foot setback; "feet" added to the lighting standard; the decommissioning plan to be reviewed at each county revaluation; water use must be closed-loop or low or zero water cooling, and open-loop and evaporative cooling are prohibited; a new special use permit if a facility expands beyond its class, even onto contiguous property; and a definition of data center facility that includes crypto mining, backup generators, substations and battery storage.
Crook said backup generators running under 100 hours a year are exempt from federal Tier 4 emission rules. He saw no problem keeping Hyperscale and Hyperscale AI as separate classes (both over 100 MW) for now.
A Board member moved to recommend passage to the Commissioners based on the discussion and staff recommendation; seconded; carried unanimously. The Chairman called it a good first start, better than the nothing the county has now.
The Commissioners' hearing is October 26.

Piedmont Natural Gas LNG Facility Rezoning

0:29:03-2:24:46, 2:25:29-5:13:51

The request: REZ-26-23, about 1,616 acres owned by Duke Energy Carolinas in Tyro Township on Giles Road, from RA-1 and RA-2 to CZ-HI, for a liquefied natural gas storage facility (three tanks up to 200 feet tall and 300 feet wide) and an Energy Reliability Center (ERC, a gas compression and pressurization station) feeding two proposed Duke combined-cycle plants across the Yadkin River in Davie County.
Applicant presentation (0:31 to 1:35): attorney Katherine Ross introduced the team. Neil Moser described the site, which was chosen for its size and the Williams Transco pipeline (under 500 acres disturbed in construction, under 300 permanent). A Duke Energy representative cited regional growth and winter storm outages. A Piedmont operations officer described the safety design (double-wall tanks, automatic shutdowns, round-the-clock monitoring, no river water use in operation) and said county emergency officials toured the Huntersville LNG plant. An air-quality consultant said air permit applications were filed this month and modeling shows compliance. An acoustical consultant said the design meets a day-night level of 55 at the property line (about 54 at the nearest residence), with a post-construction survey. Local counsel argued the request is consistent with the Land Development Plan and reasonable.
Board questions (1:35 to 2:24):
- Berms for sound and construction noise (construction noise was not yet studied); a 5 to 6 year build, with earthwork early.
- Callahan Hill Road, a tar and gravel road, as the early construction entrance; Giles Road entrance as the main one.
- Down-shielded lighting; why the ERC sits near homes (wetlands, tank safety buffer, interconnection) and whether the layout could be rotated.
- Whether pressurization makes the ERC the riskiest part; the remedy if noise is over the limit (a violation of the conditional zoning, with the Board able to add conditions at the special use permit stage for the LNG tank facility; the ERC is a use by right once rezoned).
- Construction water source (not yet decided; options include Davidson Water, on-site wells, trucking), and that the county has no say over the Davie County plants.
Public comment (2:28 to 3:47, 3 minutes each): about 25 speakers, nearly all asking for denial or delay. A petition was handed in. Main points:
- Inconsistent with the Land Development Plan (cited policies on farmland, water quality of the Yadkin, separating incompatible industry) and described by some as illegal spot zoning.
- Missing or incomplete studies at the rezoning stage; requests for independent review.
- Emergency response and EMS capacity; terrorism and explosion risk; school and bus-route safety.
- Air quality, including a fine-particle monitor on the Lexington water tower reading about 9.1 against a 9.0 limit (speaker claims); noise; dark skies; stormwater and wetlands; effects on the Yadkin River and paddle trail.
- Construction traffic on Callahan Hill and Giles roads; property values, insurance and loss of farmland.
- Claims that most of the power would serve data centers, few jobs, doubts about the tax benefit, and a comment that Duke's foundation offered only $10,000 to $20,000 to local fire departments. Environmental groups (including the Yadkin Riverkeeper, Appalachian Voices and the Sierra Club Foothills Group) asked for denial.
- One speaker praised the Board for treating citizens better than other bodies; another predicted a rushed Commissioner approval.
Chairman and Board remarks (3:47 to 4:13): the Chairman said the Board is a technical, recommending body and the Commissioners will hear residents again; state and federal agencies handle air and water permits. A Board member floated rezoning only the developed part of the tract; Crook said that heavy industrial zoning would be hard to repeat here (no sewer, rail or adequate roads) and noted the 1995 Becky Hill Road rezoning of 434 acres for gas generation that never grew. Crook said the Plan is a guide, not a bar on development. Board members worried about voting without conditions settled, and the applicant asked for a break to confer.
Conditions worked out (4:13 to 4:54):
- Lighting: down-shielded, eliminate light pollution to the extent practical, with a third-party lighting report setting a standard within 90 days of approval and a lighting plan subject to staff approval.
- ERC: a 300-foot vegetated buffer on the eastern line near Callahan Hill Road (the ERC already sits about 400 to 450 feet from the line), plus a 20-foot berm within the outer part, running about 100 feet beyond the north and south corners of the ERC, subject to state permitting.
- Access: Callahan Hill Road emergency access only during operations; the Giles Road entrance prioritized after state-approved erosion controls and built before above-ground infrastructure (a bridge over Mill Creek is needed); a staff-approved traffic plan with daylight-only hauling, NCDOT heavy-haul permits and before-and-after road surveys, leaving the road equal or better.
- Land: the applicant will explore keeping farming and forestry on undisturbed land, subject to permits, and is locked to the site plan area (anything more would need to come back).
- Existing application conditions: 200-foot natural vegetative buffer, 200-foot maximum structure height, tanks at least 175 feet from property lines, 55 sound level at the line including generators, and a post-construction sound survey.
- Pipeline: the 30-inch gas line would cross the Yadkin by horizontal directional drilling, roughly 100 to 200 feet below the river, about 3 miles overall; Duke is seeking the land on the Davie side.
Staff recommendation (4:54 to 5:11): Crook recommended approval, citing changing conditions (population and power demand), the site's Transco pipeline access, the 1995 precedent, the large buffers, and consistency with the Land Development Plan (the plan maps the tract as privately owned open space, which he called presumptive).
Vote (5:11 to 5:14): a Board member moved to recommend approval of RA-1 and RA-2 to CZ-HI per staff and the amended conditions, including the 300-foot buffer; seconded; approved 4-1 by show of hands (the dissenter is not identified in the captions).
Next: the Commissioners' public hearing is November 9 at 6:00 PM in the same room.

Other business

Meeting adjourned at 5:15 after a motion and a second by Ted Myers (per the captions).

Issues discussed: Piedmont Natural Gas LNG Facility Rezoning, Data Center Moratorium and Zoning Text Amendment

Agenda

Read from a scan of the posted PDF (staff memo, agenda, October 6 minutes, data center amendment application and draft, Piedmont application, narrative, site plan, maps and adjoining owner list; only the agenda is reproduced).

DAVIDSON COUNTY PLANNING BOARD AGENDA
10/20/2026  6:00PM

I.   Welcome by the Chairman
II.  Adoption of the Agenda
III. Approval of the Planning Board Minutes
     A. 10/06/2026
IV.  Public Address
V.   Text Amendment
     A. Davidson County Board of Commissioners - Add Data Center to Table of Permitted Uses.
VI.  Rezonings
     A. Piedmont Natural Gas - RA-1 & RA-2 to CZ-HI - Tyro Township.
VII. Adjournment

Commissioners Meeting Room, Davidson County Governmental Center,
913 Greensboro Street, Lexington, North Carolina

Sources

Video

Transcript

These are auto-generated captions; names and numbers may be misheard.

Transcript

00:07Good evening everyone and welcome to

00:10the October 20th planning board for

00:14Davidson County.

00:16It's nice to see a full room tonight.

00:20So welcome.

00:22First order of business is the adoption

00:24of our agenda. Mr. Crook, do you have

00:26any changes?

00:27>> We have no changes, Mr. Chairman.

00:29>> All right. Board, any changes that you'd

00:32like to make?

00:35Hearing none, so have a motion to adopt

00:38the agenda.

00:39>> Mr. Chairman, I make a motion to adopt

00:41the agenda as written.

00:43>> A motion, is there a second?

00:45>> Second.

00:46>> Any discussion?

00:48All in favor, raise your hand.

00:50As opposed, there are none.

00:55Um

00:56for those of this uh let me take and

00:58interject this right now. You may have

01:00noticed that only five of us voted.

01:03Um

01:04our two alternates are here tonight. Uh

01:06they will they can function just like

01:08they are regular members, but we are a

01:11five-member board with two alternates.

01:14And um

01:15so I just wanted to let you know that

01:17when you don't see them voting, that's

01:20why. Uh but they're especially valuable

01:23to us because often times someone can't

01:25be here, so there's someone that can

01:26fill in and we can continue to do

01:29business. So just thought I'd make that

01:31clear when you if that if that kind of

01:34raised a question in your mind.

01:38All right, uh next order of business is

01:40the approval of our planning board

01:42minutes from October the 6th.

01:45>> Mr. Chairman, I make a motion to approve

01:47the minutes.

01:47>> Second.

01:49>> Motion and a second, any discussion?

01:51Corrections?

01:56All in favor, raise your hand.

01:58Opposed? There are none, so that

02:00carries.

02:04Okay, that brings us to

02:06our public address period.

02:08Um

02:10during this time, we

02:12um

02:14we will hear from the public on matters

02:16that you would want to address the

02:18planning board

02:20regarding planning, general planning,

02:21and zoning issues within the county.

02:25And let me just say, ordinarily, it's to

02:28address us on matters that are not on

02:30the agenda.

02:32We have one

02:33um item on the agenda that we will not

02:36receive comment on tonight during

02:39the time that we will take it up as we

02:41normally would because we did that 2

02:43weeks ago.

02:45Uh we went through our regular process.

02:47We heard from the public at that time.

02:50We took all of that into consideration

02:53and decided to wait to vote on it until

02:55tonight. So, we're not going to redo

02:56that.

02:58So, we won't hear that during that time.

03:00If you want to mention it, or you want

03:02to you want to comment on it,

03:04the time to do so would be during the

03:06public address period.

03:08If you want to address the Piedmont Gas

03:11application, there'll be another time to

03:13address that during that hearing.

03:17Is that

03:20Okay.

03:22All right, I just uh so, if anybody

03:24wants to address uh

03:26during this public address period, now

03:27would be the time to come forward.

03:31>> We signed up, but you didn't have a

03:32list, or we just stand up?

03:35>> You you uh we would want you to come to

03:37the podium and uh state your name and

03:39address for the record.

03:41>> There you go.

03:45>> Yeah. Let Let Mr. Um

03:48>> Are we going by the sign-up sheet cuz I

03:50can sit back down till you call my name.

03:52>> I

03:52I just figured this is for Piedmont gas.

03:54Is this for the public address as well?

03:56We don't don't normally have this. So,

03:57I'm

03:58forgive me for being confused.

04:01Um

04:03Duke zoning

04:05Duke zoning

04:12>> I would ask who's on the list that's

04:15anything other than

04:16>> Yes.

04:18>> Mr. Chairman, just a if I can help

04:21to kind of just deal with you said

04:22versus the sign up.

04:24If

04:25they're going to talk about the Piedmont

04:27natural gas application

04:29I think let's skip over them, but if

04:30they want to talk about something other

04:32than Piedmont natural gas, let's let's

04:33do that real quick.

04:34>> Yeah.

04:34>> So, that will maybe that can clear it up

04:36this way. If you want to speak to

04:38something other than the Piedmont gas

04:42issue

04:43>> Dear

04:44>> now would be the time to do that.

04:46There'll be a time and when once we hear

04:49that that will give the public an

04:50opportunity to speak to that later.

04:56>> Okay, could be at this time.

05:00>> You ready?

05:02>> Uh my name is Dawn Hash. I live in

05:04Davidson County. Uh I am here out of

05:06concern if there is a catastrophic

05:08incident with any of these things that

05:10you're trying to put in.

05:12If you did not read the final report,

05:16it's called the final report for

05:17Hurricane Helene after action review.

05:20Some of you say we don't have to deal

05:21with a hurricane, but it says that we

05:24are so woefully unprepared for

05:27catastrophic and it was a final report.

05:29Has any of you read that report?

05:32I put this up before you, natural gas.

05:35I put this up before you because we have

05:37all these things trying to come in.

05:39Um my observation is that we cannot

05:43secure our our people if we don't read

05:46reports that is paid for by the state

05:49that says that we are woefully in

05:51unprepared for any catastrophic

05:53situation in North Carolina. And

05:56Davidson County is in North Carolina.

05:58I'm here because of my fellow concerns.

06:01Um it has been um said there is a clear

06:03and concise effort that Davidson County

06:06government to hide the from the public

06:08what should be made available by a FOIA

06:11request. Your attorney when I observed

06:14last meeting, your attorney

06:16my observations in last meeting, your

06:18attorney cautioned you and reminded you

06:21to be careful about emails that can be

06:23FOIA requested by the public. I must say

06:26I am shocked that we are

06:29feeling that we're not really getting

06:30all the nitty-gritty of what's going on.

06:32Underneath the penalty of perjury

06:34perjury, young man,

06:36in writing publicly or ever at the

06:37city's at the anytime for any reason for

06:41any person, have any of you been warned

06:44to be careful or prohibited to regarding

06:47emails, texts, anything that the public

06:50can FOIA request? You don't have to

06:51answer. We very well know. Which

06:53prohibits the public to get the

06:55information on a FOIA request for the

06:57public citizens to be clearly be

06:59informed of any and all public

07:01information. Has any of the board since

07:03the last meeting per personally walked

07:05through an AI data center? Has anyone on

07:08this board met with any person, spoke to

07:11any or corresponded by email, text,

07:14phone call, Zoom meeting to any AI data

07:16centers? Please don't don't tell me.

07:19Does anyone on this zoning or planning

07:21board or anyone in your family have a

07:24financial partnership in any of the

07:25lands owning that we have we are going

07:28before you? Financial gain for voting in

07:30favor of any of these sit situations.

07:34You can name them. We'll be glad to hear

07:35the relationship that you may have with

07:37those particular parties.

07:39Um I I I want to tell you there's a

07:41conflict of interest here.

07:44In my opinion, if we have attorneys

07:46cautioning you not to be able to put

07:49things in emails or stuff that we can

07:51actually FOIA request, I feel that

07:53that's fraud before our voting citizens.

07:55That's my opinion. And in fact, if they

07:58put some of this in the Palm Beach,

07:59Florida or the Millionaire Road or

08:02Martha's Vineyard,

08:03I would be willing to introduce

08:06uh you know, what you're trying to sell

08:07to the public. Thank you for allowing me

08:09to speak.

08:10>> Thank you.

08:20>> Holly Leonard, you you fellows have not

08:22had the joy to meet me yet, so this will

08:24be my first planning and zoning board

08:27meeting and it's concerning uh the look

08:29on your faces cuz you don't really look

08:31like you FAFO'd today. The whole

08:34building's full and you're not reading

08:36the room.

08:39So, I have plenty of policies made on

08:41behalf of me, kind of like Board of

08:43Education sent out their attorney that

08:46got his stuff from the Cracker Jack box,

08:48too. Sent out emails warning everybody

08:50don't send emails cuz people can FOIA

08:52request and because he don't want people

08:53knowing what you're talking about. It's

08:55it's

08:56it's apparent. What also is apparent is

08:59the fact that I sent a text message to a

09:00sitting commissioner after your last

09:03meeting asking why are none of these

09:04meetings videotaped? And before you

09:07throw out the general state statute, I'm

09:08not an idiot. I understand you're only

09:11required by the law to have re-

09:13accurate min- min- minutes of the

09:15meeting.

09:17But you put up an audio all of a sudden

09:20after I sent a request asking why nobody

09:22in the county that can attend these due

09:24to family, health, their work schedule,

09:27you know, we send all this in

09:29this county cuz we're all the time away

09:31from home funneling tax dollars into

09:33this county and we can't make all these

09:35damn meetings. We're tired.

09:37And then you sit up here and you see

09:38this room full and they don't want none

09:41of this stuff. But yet we're kept in the

09:43dark because there's no no video for us

09:46to be able to say and you can say well

09:47there's transcript. Nobody knows your

09:49names, nobody know your voices, nobody

09:51knows your faces. We can look at a

09:52transcript and it just says someone

09:54motioned, someone did this. No one knows

09:56anything and that's on purpose. You have

09:59the capability, you're in the

10:00commissioner's meeting hall, you can

10:02videotape this and post it on the

10:03YouTube. There is zero excuse. None.

10:09And I found it odd

10:11that you make the statement that you

10:13have alternates so you can continue

10:15business.

10:16But yet we went a whole full year with

10:18county commissioners with not a full

10:20board of representation. We couldn't

10:22continue business.

10:24Why do y'all have alternates?

10:26And it's all so speculative

10:29that when something needs to get pushed,

10:31someone sits out so someone can vote

10:33something in.

10:34Because we saw it with the Sportsplex.

10:35Don't shake your head. Don't do it. I

10:37don't want to see it.

10:39We saw it with the Sportsplex. Y'all

10:40were pressured. We don't feel

10:42comfortable. We don't feel comfortable.

10:44Something happened from that meeting to

10:45the next meeting when you changed the

10:47zoning.

10:49We've seen it. We're sick of it.

11:03>> Mary Boone, I'm going to go a little bit

11:05off of what Polly said. Um

11:08when I came here, I usually sit right

11:10over there, right where this lady from

11:12where with Fox 8 is sitting. I asked if

11:14I could put my chair there as a citizen

11:16reporter and I was told, "No.

11:19We don't want anybody sitting right

11:22there at the TV."

11:24But I look over

11:25and Fox 8 is there. Why are you trying

11:28to silence me?

11:30Me?

11:31We have a room full of people. People

11:33are starting to wake up because we're

11:35putting this on Facebook, on Instagram.

11:39It's going on Tik Tok. It's going

11:42everywhere because we're tired of being

11:44silenced. And you

11:47you right there.

11:49You set there I'm talking to you, sir,

11:52with the laptop. You.

11:54You're the one that said that the

11:55government can do whatever it wants to

11:58do.

12:00And that this was during the Sportsplex.

12:02It's on my Facebook if you need to, you

12:05know, remember what your words were.

12:07But you sat there and said that

12:09government can do whatever it wants to

12:11do.

12:12You work for these people.

12:15They pay your salary, not that freaking

12:17damn laptop. Stop. Look at me.

12:20We're tired of people like you, and you

12:22would be the first person I would fire

12:24cuz you're a freaking idiot. These

12:27people have a right to be heard. And not

12:32just whatever the government wants to

12:34do. It's not about what the government

12:36wants to do. It's what the citizens need

12:39and what's good for them.

12:41So your attitude, very unbecoming. Your

12:44mother should be ashamed.

12:56>> My name is Alice Coleman. I've been a

12:58citizen of Davidson County my entire

13:01life.

13:02And um I grew up in the area that you're

13:06talking about putting this propane farm.

13:10Uh I have great concerns about that.

13:13In 1990,

13:15I was a paramedic in Davidson County

13:18when the big explosion took place at um

13:21Piedmont Natural Gas in Welcome. Uh I

13:25was dispatching the call.

13:28and as I sent the people that I worked

13:31with

13:32and the fire department people that I

13:35knew and the police officers that I knew

13:38personally

13:39to that call where there was

13:42explosions going on and we were getting

13:45reports of multiple people being burned.

13:49One man died.

13:51Three employees of Piedmont Gas suffered

13:54burns over as much as 98% of their body.

14:00And I had to worry about every person

14:02that I sent into that.

14:05When you are talking about building

14:08a

14:09propane farm

14:11I imagine something like what's at

14:13Greensboro Airport.

14:16Ripe for terrorists to pick anytime they

14:18want to.

14:20And when one of those tank blows

14:22it's a blaby that takes a quarter of the

14:24county with it.

14:27It's the kind of devastation

14:29that a community like the community

14:32around Giles Road and the river down

14:34here

14:35cannot take that kind of impact.

14:38So, I want to know what are you planning

14:42to do

14:44to prevent that happening?

14:46What kind of equipment are you going to

14:48put in place with the fire departments

14:51that will have to respond?

14:53With the emergency personnel that will

14:56have to respond when there's a leak,

14:58when there's an explosion, or when

15:00there's a fire because when you play

15:03with gas, there will be fire. There will

15:05be an explosion at some point. And I

15:09don't care how well you plan for

15:11anything. Even big industries have

15:14explosions. We see them all the time in

15:16the refineries in Texas, Alabama,

15:19Mississippi.

15:21We're all the time seeing where somebody

15:24died and this huge explosion took out X

15:28number

15:30businesses or whatever. It's

15:34We don't need this in Davidson County.

15:37Davidson County just don't need this

15:39crap.

15:41And I feel like

15:43against stupidity we're all defenseless.

15:47That's exactly what I feel. But against

15:50stupidity we are all defenseless because

15:53I already know you're not putting any

15:55plans in for how we're going to be

15:58protected from this once it's there.

16:08>> Once again, just let me remind you that

16:11we'll talk about the Piedmont gas

16:14application once we've heard about that.

16:16If there are other issues unrelated to

16:19that,

16:20we'll hear those now. Otherwise, we'd

16:23like to hold the

16:24the comments about the Piedmont gas

16:26application until

16:28that comes up in our agenda.

16:31>> Are you going to go through the list or

16:34list of people

16:35>> We we will go through the list.

16:38We sure will.

16:42>> I'm ready to discuss.

16:44>> So so I take it that everyone has that

16:47is on this list wants to talk about the

16:50Piedmont gas application.

16:53So we will get to that.

16:55This is a normal thing for us to have a

16:57public comment period for anything that

16:59you want to address us about other than

17:01the items on the agenda.

17:04So I

17:05I I think I'm seeing no other people

17:08approaching and I'm prepared to move on.

17:14Thank you.

17:17Okay, first order of business is old

17:19business.

17:21Yes, sir, Mr. Chairman. Um, if you

17:23remember back at your October 6th

17:25meeting, we uh

17:27entertained a

17:29text amendment to the Davidson County

17:30Zoning Ordinance uh initiated by the

17:32Davidson County Board of Commissioners

17:34for data centers.

17:35Um, the board wanted some time to look

17:38over the document. We we heard public

17:41comment that night. We we made a few

17:44amendments to the document uh that we

17:46were discussed and and

17:49pulled consensus out of the board. Uh

17:51what I'd like to do tonight is go over

17:54read the legal into the record and then

17:55go over the changes to the document. The

17:58rest of the document would be exactly

18:00like it was on the 6th with if that's

18:03amenable to everyone.

18:05Okay. Um

18:07we have a request by the Davidson County

18:09Board of Commissioners to amend the

18:10Davidson County Zoning Ordinance by

18:11adding, defining, and regulating the use

18:13of data center. Said amendment may amend

18:16Article 3, Permitted and Conditional

18:18Zoning Districts, Section 3.9, Table of

18:20Permitted Uses, Article 5, Special Uses,

18:23Section 5.9, Requirements for Individual

18:26Special Uses, Article 6, Development

18:29Standards, Section 6.1, Standards for

18:32Permitted Uses, and Article 9,

18:34Definitions by defining data center or

18:37data center types.

18:39Other Zoning Ordinance articles and

18:40sections may be amended beyond the one

18:42cited.

18:44Okay. Moving into the document itself

18:46unless there's any questions from the

18:48from the board.

18:51Proceed. All right. Thank you, sir.

18:53Um

18:54this page in the table of permitted

18:56uses, the only the only thing that that

18:58we did on here, the uh

19:02I rearranged these in alphabetical

19:04order, not by size, which they were they

19:06were in by size before. So, there

19:08there's really no change there.

19:10Um

19:13added

19:17some language at the top and it's

19:18impossible to read right there, so I

19:20have to read it off this. Um

19:25Classification of data center.

19:28Determining The determining factor in

19:30classifying what type of data center is

19:32being proposed will be the amount of

19:34power used by the facility upon

19:37completion complete build-out of the

19:39project. So, there's no ambiguity of

19:41being between the type

19:43and the power level. The power level

19:45will be the determining factor.

19:47Cuz power level equals equipment, which

19:49equals noise.

19:51Everybody Everybody okay with that?

19:54Okay.

19:55Um

19:56down at the number nine

19:59um

20:00we added some language there. A

20:02certification of how much power the

20:04proposed data center facility, and this

20:06is what's added, will be used upon total

20:09build-out. So, completion of the entire

20:11project.

20:13Everybody good with that?

20:15Okay.

20:16Um next page.

20:21The document stayed the same with the

20:23exception of moved the berm height then

20:25under B, landscaping number two moved

20:28from 10 ft to 40 ft in height.

20:33Then under that same section B

20:36under five, we had some comments about

20:39specific zoning districts instead of

20:41commercial or industrial districts. So,

20:43we listed the specific districts in our

20:46ordinance that you would not have to put

20:48screening

20:49in place.

20:54Everybody good there?

20:55>> Yeah.

20:56>> Okay.

20:58Moving on to the next page. Um

21:03Under C, setback requirements, number

21:06four, which is on the following page, we

21:08added child care facility to the types

21:11of facilities

21:13for 1,000 ft setback.

21:17>> Yep.

21:19>> Okay.

21:20The next section D, exterior lighting

21:23plan,

21:24I had omitted and didn't put a

21:27I didn't write feet in behind behind the

21:2915 ft.

21:31So, I add that. It was a typo on my

21:33part.

21:34Um

21:35Then down at the bottom of that page,

21:37under G, decommissioning plan, we

21:40changed the language there to data

21:42center ceases operation

21:45for clarity.

21:50Everybody still with me?

21:51All right.

21:53Uh then

21:55the next page

21:56um

21:59we added a number six there that says

22:00the decommissioning plan shall be

22:02reviewed and updated to reflect adequate

22:05financial amounts to accomplish the

22:07intentions and goals of said plan. The

22:10frequency of this decommissioning plan

22:12review shall be equal to the frequency

22:15that Davidson County conducts a re-

22:17conducts a reevaluation. So, every time

22:19a reevaluation takes place, this

22:22decommissioning plan will be reviewed

22:24and updated or

22:26quantified to make sure that the

22:29monetary value that the county holds

22:31will effectively execute the plan.

22:37Still good?

22:39>> I think so. Yep.

22:41>> All right.

22:42Next

22:43page, under J, water usage, um we added

22:47some language in there that says the

22:49data center facilities shall use closed

22:52loop or other low water or zero water

22:54cooling systems.

22:56This is new that represent the best

22:59water conservation methods and

23:01technology available at the time of

23:03construction.

23:05Um

23:06period. That that last section is new,

23:09so that as times change the most

23:12efficient

23:14type of cooling system that allows the

23:16least use of water

23:18would be employed under that. We didn't

23:20want to bind them into a type of system

23:23that has old um

23:25old technology or the title is old

23:28open-loop system. So, if something new

23:30comes along that's better, they're

23:31allowed to use that.

23:33Um the next sentence

23:36open-loop and/or evaporative cooling. We

23:40added evaporative cooling

23:42uh systems are prohibited. So, um then

23:47under the very last section K, expansion

23:50of the facility

23:51if the approved data center expands

23:53beyond its approved data center

23:55classification

23:57as defined in this ordinance a new

23:59special use permit shall be applied for

24:02before said expansion takes place.

24:04This expansion can be on the same

24:06property or adjoining contiguous

24:08properties to trigger this requirement.

24:10So, if we approve a colo and it's got a

24:14max of 50 megawatts

24:16and they build additional structures and

24:18it goes above 50 megawatts, they'd have

24:21to come back and get a special use

24:22permit

24:24and meet the meet the conditions of the

24:25ordinance in case there's an expansion.

24:29Yeah.

24:29>> Okay.

24:29>> All right.

24:30>> All right. That's it for the special use

24:32language.

24:33Um

24:37everything else remain the same.

24:40Um

24:42I did add a definition

24:45uh

24:46of data center facility.

24:48That definition would read, "A building

24:51or campus containing multiple buildings

24:53designed to house and protect

24:55mission-critical IT

24:58including servers, data storage systems,

25:00networking equipment, and

25:01telecommunications hardware. This term

25:04can include multiple buildings on

25:06multiple contiguous parcels built and

25:09operated by a single entity. This term

25:12also includes crypto mining which shall

25:14be regulated as a data center under its

25:17properly defined classification. This

25:19term includes the main building or

25:21buildings, mechanical equipment, cooling

25:23systems,

25:24loading areas, backup generators,

25:26utility substations, battery battery

25:29energy storage systems, power generation

25:32facilities, and other structures

25:34associated with data center facility

25:36use.

25:39And that's the extent of the changes.

25:43Okay. I'll be happy to answer any

25:45questions. Um

25:48>> I do have

25:48>> We did have a comment about a tier tier

25:50four generator requirement. Um if the

25:54generators

25:56are

25:57anything other than emergency power,

26:00they're exempt. If they run under 100

26:02hours a year, they're exempt from tier

26:04four requirements which is an emissions

26:05requirement.

26:07So, if it's if it's a if it's a just a

26:09backup style generator, that they're not

26:12subject to tier four requirements.

26:14>> Why not?

26:15>> That's what the federal say. But that's

26:17what the state says.

26:20>> Lee, if I can ask a question real quick.

26:22Um

26:24We're separating data center hyperscale

26:27from data center hyperscale AI.

26:29They're both over 100 megawatts. Is that

26:32is that really necessary? Should Could

26:33those be combined if we

26:36Or or I guess I guess the right question

26:38is what's the purpose for the

26:39>> Well, initially when we started off with

26:41this, there are two design

26:44classifications that are different. Now

26:46that we're

26:47saying that it's the power usage, you

26:49probably could delete one of those. You

26:51could probably just go to Hyperscale and

26:53and remove the AI if you wanted to.

26:55Before we clarified that it was going to

26:58be the power usage, we Hyperscale AI is

27:01a more power intensive

27:04uh use of the technology than just

27:07Hyperscale.

27:08So,

27:09since we're going by power usage, yeah,

27:11you technically could do that.

27:13>> Is there anything that would

27:15um

27:16cause a problem down the road if we did

27:19combine them? I mean, do you see

27:20anything based on

27:22>> I I don't I don't see a problem with

27:23leaving them for right now, and if we

27:25need to combine them later, we can.

27:26>> That's fine.

27:27>> Uh just just to cover our bases.

27:29>> Sure.

27:35Somewhere before this is put into uh

27:37effect, I'm sure somebody will correct

27:39the spelling on the word contiguous on

27:41that last

27:42>> Yeah, it's got two Os on it.

27:44I I I I type with my thumbs, so

27:46sometimes sometimes the uh I know what

27:49I'm talking about, but sometimes my

27:50fingers don't.

27:51>> We knew what you were talking about,

27:52too, at least. Thank you. Thank you. All

27:55right, board,

27:56we've got this before us. Any

27:58discussion? Um

28:01what do you what's your pleasure here?

28:08>> Mr. Chairman, I I

28:11would like to recommend to the

28:12commissioners that we

28:15uh

28:16propose

28:18the passage of the new text amendment

28:20related to the data center based on our

28:23discussion and staff's recommendation.

28:25>> Second.

28:26>> All right, have a motion and a second.

28:28Any further discussion?

28:32I'll just say that uh this is our first

28:35crack at it. It doesn't mean that it's

28:37cast in stone and it can't be changed,

28:39but it's a lot better than what we had

28:42addressing data centers, which was

28:44nothing. Correct.

28:46So, um I think it's a good start.

28:50All in favor, raise your hand.

28:52Opposed? There are none, so that carries

28:55unanimously.

28:58All right.

29:03Next item on our agenda is rezonings,

29:06and that brings us to the Piedmont

29:08Natural Gas application. Mr. Chairman.

29:11>> Thank you, Mr. Chairman. Um

29:17Let me um

29:22All right.

29:26Under re- Under the rezoning portion of

29:28our agenda tonight, we have one item,

29:29and that's a rezoning request by

29:31Piedmont Natural Gas. We have a request

29:34by Piedmont Natural Gas to rezone

29:36property known as Tyro Township tax map

29:38six, lot one, containing 1,616.51

29:43acres, more or less. Said property is

29:45further described as being located on

29:47all sides of the Giles and Hairston Road

29:50intersection. The address for the

29:52subject property is 3714 Giles Road,

29:55Lexington, North Carolina, 27295.

29:58Said property can further be located at

30:01the northwesternmost terminus of the

30:03Callahan Hill Road, apparently

30:05approximately 0.88 mi northwest of the

30:08Giles Road intersection. Rezonings

30:10requested to change from that of RA1,

30:13rural agricultural district, and RA2,

30:15rural agricultural district, to that of

30:17CZHI, conditional zoning heavy

30:20industrial district. Um

30:24If you'd please divert your attention to

30:26the overhead, um the property

30:28highlighted in yellow here is the 1,600

30:30acres. To get you acclimated to kind of

30:34where this is at, Giles Road is right

30:37through here. You've got Hairston Road

30:40that cuts off here, and you got Frank

30:43Hulen Road that comes through here.

30:45Um

30:46there's several different ways to get to

30:48this property. This is the Yadkin River

30:50on the western side of our county. Oops.

30:54There goes my thumbs again.

30:57Bear with me.

31:02Um

31:04this is the Yadkin River. This property

31:07has a lot of distance uh on the Yadkin

31:09River.

31:11Um does anybody have any questions about

31:13where it's located?

31:15Everybody fairly familiar with it?

31:17Okay. Um with that, I'm going to invite

31:21Ms. Katherine Ross up to um

31:24go over her speakers. She's she's

31:26represents the applicant, Piedmont

31:28Natural Gas, and uh I'll yield the floor

31:30to her for her their uh presentation.

31:34>> Thank you, Lee. Chair, board members.

31:38As Lee said, my name is Katherine Ross.

31:40I'm with Parker, Poe, Adams, and

31:41Bernstein, and I represent Piedmont

31:43Natural Gas in the conditional rezoning

31:45application before you this evening.

31:48First, I'd like to thank you for your

31:50service on this board.

31:52And for the board, excuse me, hearing

31:54the application this evening.

31:56I want to especially thank the county

31:57staff for their time, attention, and

31:59diligence

32:01on the application. We've worked with

32:03the staff over the past several months

32:06to prepare a complete and thorough

32:08application and to provide information

32:11in support of the rezoning that is

32:13before you this evening.

32:16We appreciate the time and guidance that

32:18the folks in Davidson County have given

32:21us.

32:22Presenting this evening will be Neil

32:24Measure, vice president of natural gas

32:26construction for Piedmont Natural Gas.

32:29Neil will describe the site evaluation

32:32and the infrastructure proposed to be

32:34developed, as well as talk about the

32:36site on which it is proposed.

32:39You will hear from Mark MacIntyre,

32:41energy and environmental affairs

32:43director for Duke Energy.

32:45Mark will address the need for the Davie

32:48Davidson Energy Complex.

32:50While we are before you this evening

32:53only with respect to the rezoning of the

32:54Davidson parcel here in Davidson County,

32:58on which the LNG storage and the ERC

33:01will be constructed, Duke Energy is the

33:03ultimate customer requesting the

33:05proposed infrastructure.

33:08And therefore Duke Energy is in a best

33:10position to discuss the need for fuel

33:12security.

33:14After Mark, you will hear from Amy

33:16Preston, vice president of operations at

33:19Piedmont Natural Gas.

33:21Amy will talk about the operations of

33:23the LNG and ERC facilities and the

33:26operations of the LNG facilities and the

33:29ERC facilities and other parts of the

33:32Piedmont territory that have been going

33:34on for years.

33:36Amy will address the protections of

33:38public health, safety, and welfare.

33:42Amy Marshall, we have two Amy's, Amy

33:45Marshall of Excuse me, of all four, an

33:49independent firm who has extensive

33:51experience with air quality modeling and

33:54air permit applications, will discuss

33:57the air permits that have been submitted

34:00for the facilities we're talking about

34:02this evening.

34:03Amy will also talk about the modeling

34:05that has been done to ensure the

34:07development of the proposed

34:09infrastructure will not adversely affect

34:12public health or welfare with respect to

34:15air quality.

34:17You will hear from Reggie Keith of

34:19Hoover and Keith, an independent

34:21acoustical engineering firm that has

34:24performed a preliminary noise study for

34:27the proposed facilities.

34:29Reggie will speak to the development

34:31being laid out and designed to ensure

34:33compliance

34:35with accepted guidelines for protecting

34:37public health and safety as set out by

34:40the EPA and as used by FERC for

34:44interstate facilities. Now, I want to

34:46make sure it's clear. This is not an

34:48interstate facility. This is not a FERC

34:50facility.

34:52But the sound guidelines that Piedmont

34:54Natural Gas has established for itself

34:56are those established by the EPA and

34:59used by agencies such as FERC to ensure

35:03the protection of public health and

35:05safety

35:06as it relates to sound.

35:09Finally, you will hear from Chris

35:10Watford, local counsel to Piedmont, who

35:13will address land use compatibility.

35:16As you will hear from each speaker, the

35:19proposed LNG storage facility and ERC

35:23will be components of the existing

35:25public utility system

35:27that is needed to provide safe,

35:31affordable, and reliable energy.

35:34The information presented in the

35:37application by PNG and its third-party

35:40experts

35:41supports that the rezoning request is

35:44reasonable and in the public interest.

35:47I'm going to pause for 1 second to get

35:49the clicker.

35:57This slide is the overview page of the

35:59site plan submitted with the rezoning

36:01application.

36:02Each board member and the clerk has a

36:04copy of the site plan in front of you.

36:07Sometimes it's easier to work from

36:09paper.

36:10We have also provided copies for the

36:12public attending this evening up here on

36:14this front table where folks signed in.

36:16Again, it's the same thing that was

36:18submitted with the application.

36:21Hopefully, it's readable.

36:25This slide is the overview page Oh,

36:27excuse me, of a location map for visual

36:29simulations that have been prepared by a

36:32third-party expert firm called

36:35TrueScape.

36:36As you can see, there are 14 key

36:39observation points. That is what KOP

36:42stands for.

36:43Key observation points across Davidson

36:46and several in Davie.

36:48All of the key observation points are

36:50from public locations. They are not from

36:52private property.

36:54The observation points were selected in

36:56consultation with the planning staff and

36:58in conversations with people in the

37:00community and hearing where were certain

37:03port important points within the county.

37:06They are intended to capture various

37:08potential views from a variety of

37:09locations.

37:11Each planning board member should have a

37:13packet with an aerial overview, this

37:16location map, and the visual

37:18simulations. You'll know these visual

37:20simulations show the existing conditions

37:23followed by the proposed condition on

37:25the same page.

37:27We've also provided packets for the

37:29public attending this evening up on the

37:31table.

37:32As you look through the visual

37:34simulation packet, you will see that the

37:36proposed proposed facilities are not

37:39visible from most of the KOPs.

37:42The key observation points are selected

37:44based on being key to the community and

37:48also based on features like topography.

37:50Where might we see it? Where might it be

37:53seen? Where do we not want it to be

37:55seen, but we want to know.

37:57The facilities, as you will see as you

37:59look through, though it is not real easy

38:02to see them.

38:04The facilities are partially visible

38:06from KOP2

38:08and KOP11.

38:10So, as you look on the upper right-hand

38:12corner is the KOP number of the

38:14simulations. If you're looking for the

38:16tops of the tanks

38:18or the tips of some of the towers,

38:21you will see them on KOP2 and KOP11.

38:26These simulations, as well as three

38:29simulated kayak paddles of the Yadkin

38:31River, are available on the Davie

38:34Davidson Energy Complex website.

38:37The address is at the end of this

38:38presentation.

38:40It's been promoted elsewhere also, but

38:42we will show it at the end of the

38:44presentation. You can go online. You can

38:47see them on the computer. You can

38:50view the

38:51um simulated kayak paddles on the river

38:54as well, which would show you the

38:56anticipated view from the river.

39:02Chair,

39:03board members, we really appreciate

39:05being here tonight.

39:06We're going to present a lot of

39:08information because this is an important

39:10topic.

39:11We're going to work to be thorough and

39:13efficient

39:15and as quickly as possible.

39:18We hope that we will answer many of your

39:20questions in our presentation,

39:22but I'm confident that we will not

39:24answer them all.

39:25So, in addition to the presenters that

39:27you will hear from this evening, we also

39:29have several subject matter experts that

39:32are in the audience

39:33to answer those questions should any of

39:36the presenters not be able to.

39:39We truly appreciate your time this

39:42evening and your attention to our

39:44application.

39:46And with that, I am going to turn the

39:48podium over to Neil.

40:00>> Good evening. Neil Moser, representing

40:02Piedmont Natural Gas this evening.

40:05Um

40:06Piedmont is a provider of natural gas.

40:07We are a local distribution company.

40:10What that means is we take gas from our

40:12interstate providers,

40:14and we do not cross state lines. We do

40:16operate in North and South Carolina, but

40:18our facilities don't cross state lines.

40:20We receive gas from those interstate

40:22providers and then redeliver it to homes

40:24and communities like those found in

40:26Davidson County.

40:28We've been operating since the 1950s.

40:31We work to serve end use customers,

40:33residential, commercial, industrial,

40:36power generation. These are our

40:37facilities that we look to serve.

40:40Um we operate in North Carolina in about

40:4266 of the 100 counties in the state. Um

40:46been in place for many years operating

40:48safely and efficiently during that time.

40:52We also operate three LNG plants and

40:55eight energy reliability centers in

40:56North Carolina. So, the technology that

40:58we're proposing to place here in

41:00Davidson County is something we're

41:02familiar with and have operated for

41:04many, many years.

41:06Um

41:08Why here?

41:09That's a question I'm sure many will

41:11have this evening. So, the property in

41:14question is owned currently by Duke

41:16Energy.

41:17Um

41:18it's important for us because it's

41:21approximately 1,600 acres. So, the place

41:24that we would look to use would be less

41:26than 500 of that during construction and

41:29ultimately under 300 with permanent

41:31infrastructure impacts.

41:33Um we've engaged a number of consultants

41:36uh to complete a number of site specific

41:38surveys associated with this property

41:41including items such as wetland

41:42delineations, cultural resource surveys,

41:45threatened and endangered species

41:47reviews, geotechnical surveys, air

41:49quality modeling, and more you'll hear

41:51about later in our presentation.

41:54Uh studies have informed us that the

41:55site layout is before the board, and

41:58more studies will continue to be done as

41:59the project continues to develop.

42:02Um

42:02we want to be sure that we are following

42:05all necessary requirements of

42:07engineering, permitting, and reasonably

42:09constructing these facilities in a way

42:11that will maintain compliance with all

42:13applicable laws and regulations.

42:16Very important to this property is its

42:19proximity to Duke Energy's proposed

42:21generation site in Davie Davie County.

42:24You'll hear more about that later in the

42:25presentation.

42:27Also critical to this site is the

42:30existing crossing with Williams Transco

42:32pipelines. That is our supply source.

42:34That Williams Transco corridor is the

42:37primary point of receipt for natural gas

42:40throughout the Carolinas. So it is a key

42:42artery in infrastructure movement of

42:44natural gas as an energy source through

42:46the state.

42:48Um the fact that it is such a large

42:50parcel of property is also desirable

42:52because it will allow us to keep

42:53setbacks from our neighbors in the

42:55community. And again, impacting um less

42:59than

43:00500 acres in totality during

43:03construction and as we keep permanent

43:06infrastructure in place, less than 300

43:09in final. And we'll look to restore

43:12vegetative states and/or continue the

43:14the look and feel of the remainder of

43:16the property to the extent we can.

43:20Um natural gas screening for neighboring

43:21properties. The terrain that is out

43:23there offers us a chance to remove and

43:26get distance from the neighbors in the

43:28community as well as the Yadkin River.

43:30Um but again, the primary reason for

43:32being here is the connection going into

43:34Davie County for Duke Energy's proposed

43:36power plant.

43:40Uh as Katherine showed earlier, here

43:41you'll see a rendering and some callouts

43:43of what we're proposing. Uh this is on

43:45the site itself.

43:46Um what you see from the bottom

43:50All right, let's see if my thumbs work.

43:53Um

43:54this is the Williams Transco corridor.

43:56Uh this would be the receipt point. We

43:58would look to coordinate with Transco

44:00and tap at these locations. They will

44:02have a a station uh providing service to

44:05us. We will have our receipt take points

44:07and then subsequently build a pipeline

44:09back to the facility.

44:10This is our proposed location for the

44:12energy reliability center.

44:14Um

44:15it it will have three primary buildings

44:17there. There'll be a control building, a

44:19storage building for maintenance items,

44:21and then the pressurization building,

44:23which is where the primary equipment

44:25will be uh to increase pressure and

44:27volumes to provide uh subsequently past

44:30the LNG plant and over into Davie County

44:32to serve the power plant.

44:34Uh the large facility that you see is

44:36the proposed LNG plant. You'll see three

44:38tanks. Those are the largest facilities

44:41that are on on proposed to be on the

44:43site. And what this facility does is

44:45basically takes uh

44:47the vapor natural gas that

44:49uh is in the pipelines, and through a

44:51process of cooling it down, will allow

44:53it to be stored and then subsequently

44:55reheated and injected back into

44:57pipelines, should there be a need for it

44:59during high demand periods. That ensures

45:02that subsequent downstream customers

45:04have the necessary supply under all

45:06operating conditions, independent of

45:09what demands are on Transco and what

45:10their system may be doing. So, it is a

45:13fuel surety source that would be

45:14controlled at this site.

45:17Um

45:18with that, I'd like to turn it over to

45:20Mark McIntyre for more information

45:23around Duke Energy's needs.

45:30>> There you go.

45:30>> All right.

45:32Good evening, chair, board members.

45:34Appreciate your time tonight.

45:37My name is Mark McIntyre. I'm here on

45:38behalf of Duke Energy, and I'm really

45:40here to to maybe fly at about a

45:4350,000-ft level to talk about the need

45:46that we that we experience here in the

45:47Carolinas.

45:49I want to touch on three thing three

45:50themes. My remarks are are pretty brief.

45:53The first theme is is that regional

45:55growth is driving demand.

45:58The second, winter storms have exposed

46:00supply risks.

46:02And the third, robust planning supports

46:05new generation resources.

46:07Now, it's it's not a mystery or surprise

46:09to anybody in this room that North

46:10Carolina and South Carolina are among

46:12the fastest growing states in the

46:13country.

46:14South Carolina is number one, North

46:16Carolina is number three. And for 6

46:18years running now,

46:20North Carolina has either been number

46:21one or two ranked as the best state to

46:24do business in America.

46:26This is a place where people are coming.

46:28Um I've I've lived in North Carolina for

46:30almost 40 years and I've seen tremendous

46:32change. I know we all have.

46:35We've enjoyed significant economic

46:37development success as a state.

46:39We have life science companies,

46:42uh

46:43information technology companies,

46:44advanced manufacturing coming to North

46:46Carolina in great numbers and they're

46:48bringing their employees and families

46:49with them.

46:50So, we have a great need for power

46:52generation.

46:53And when we talk about need, maybe the

46:56best thing for me to do is to rewind the

46:58clock to December of 2022 and touch

47:00briefly on winter storm Elliot.

47:03For those of you who were uh Duke Energy

47:05customers during that event, you

47:07probably got a text message at one point

47:10asking to conserve energy.

47:13We were experiencing a demand that

47:14exceeded the power generation we had

47:16available to meet that demand.

47:18And as a consequence of that deficit,

47:21approximately 500,000 customers

47:24experienced an outage of electricity

47:27during freezing temperatures.

47:30There were several factors for that

47:31event. Uh the primary factor that caused

47:34those outages

47:36was

47:37uh the fact that we were relying on our

47:38neighbors for the purchase of

47:41electricity.

47:42In the Carolinas, we own and operate

47:44about 35 gigawatts of of power

47:47generation.

47:48We experienced that peak demand before

47:50sunrise, so we couldn't call on our

47:52solar resources.

47:54To figure out how we were going to make

47:56up that deficit, we had to look to our

47:57neighbors to the north and purchase

47:59electricity.

48:01Well, it just so happens that our

48:02neighbors to the north were experiencing

48:04the same winter storm that we were.

48:06And in spite of having guaranteed

48:09purchases,

48:10those purchases did not materialize.

48:13And as a consequence, we had 500,000

48:15customers experience an outage.

48:19More recently, January of this year,

48:22during winter storm Fern,

48:24Duke Energy's electric utilities in the

48:26Carolinas experienced an all-time peak

48:29of approximately 37.3 gigawatts of

48:31energy demand.

48:33That's almost 2 gigawatts higher than

48:36was experienced during during Elliot.

48:39Now, the actions we've taken in the last

48:40several years helped significantly

48:42during Fern.

48:43Power stayed on for our customers, but

48:45we were still dependent on our neighbors

48:47to the north

48:48for electricity sales.

48:52In North Carolina, we have a robust

48:53planning process to determine what the

48:56demand will be for the next 15 years and

48:58how we as a utility intend to meet that

49:00demand.

49:02We're required to submit an integrated

49:03resource plan to the North Carolina

49:05Utilities Commission every 2 years.

49:07And that resource plan identifies the

49:10forecasted demand

49:12and a series of investments that we

49:14believe are prudent and necessary to

49:17meet that demand.

49:19Those investments include new natural

49:21gas generation. They also include new

49:22solar generation, and they include

49:24battery energy storage.

49:28The Utilities Commission identified all

49:30the way back in the 2023 plan the need

49:32for new natural gas generation.

49:35And we anticipate an order from the

49:37Utilities Commission on our 2025 plan in

49:40the coming weeks.

49:41We expect that that order will affirm

49:44the need for new natural gas power in

49:46light of the deficits that we've

49:48experienced during some of these winter

49:49storms.

49:51And in fact, if you look at the filing

49:52that we made in South Carolina for our

49:542026 plan recently,

49:56that filing affirmed the need for new

49:59resources and confirmed the growth that

50:01we're continuing to see.

50:06We're confident that these resources are

50:08needed. We're confident that our

50:10forecast is accurate.

50:12We're confident that these facilities

50:14can be operated safely.

50:17We thank you for the time tonight. I'll

50:19be around to answer any questions you

50:20have.

50:21I'm going to pass now to Amy Preston

50:23with Piedmont Natural Gas.

50:31>> Thank you.

50:33Good evening.

50:35My name is Amy Preston and as Catherine

50:37said, I'm responsible for Piedmont

50:39Natural Gas's safe, reliable operation

50:42of the gas control that moves the gas

50:44across the states,

50:46storage of natural gas, and supply

50:48facilities.

50:50Residents and board members alike have

50:52questions about these facilities. These

50:55are fair questions as many of these may

50:56be unfamiliar.

50:58My goal today is to address those

51:00concerns of the public and the board and

51:02to show, using our operating experience

51:05and the protections built into the

51:07design, why these facilities can operate

51:10without posing risk to the health,

51:11safety, or welfare of Davidson County

51:14residents.

51:17In our Carolina service territory, we

51:18safely operate eight energy reliability

51:21centers and three LNG facilities.

51:25For a frame of reference, our three

51:27operating LNG facilities alone represent

51:30about 99 years of combined safe,

51:32reliable operation experience.

51:35We have never had an LNG release or

51:37process fire at any of those facilities.

51:40Safety does not depend on any one

51:42feature.

51:44The ERC and LNG facilities will have

51:46multiple layers of protection from

51:48design and containment to continuous

51:50monitoring, automatic shutdowns, trained

51:53operators, and emergency planning.

51:57These facilities maintain reliable,

51:59affordable energy for customers during

52:01extreme weather conditions and other

52:03periods when natural gas is in high

52:05demand.

52:07So, at a high level, as Neil said, an

52:10ERC simply moves natural gas and

52:12increases its pressure for assured

52:14redelivery to customers.

52:16An LNG facility cools natural gas into a

52:19liquid, stores it, and converts it back

52:21to gas when it's needed most.

52:25So, in a little more detail, how does

52:27this work?

52:29Just like water vapor becomes liquid

52:31when it's cooled to a lower temperature,

52:33natural gas becomes a liquid when it's

52:35cooled to -260°

52:37F.

52:39At our facilities, we accomplish this

52:40with nitrogen.

52:43Cooling reduces the volume of natural

52:45gas at about a 600 to 1 ratio.

52:48That's taking the gas that would fill a

52:50beach ball and move it into the space of

52:52a ping pong ball.

52:54It's a highly efficient way to store gas

52:57in large amounts for future use.

53:03Most importantly for safety, I'd like to

53:05mention that liquefied natural gas does

53:07not burn as a liquid.

53:10I'm going to say that again. Natural gas

53:11does not burn as a liquid.

53:14It must first warm up, return to a gas,

53:17achieve a very specific concentration in

53:20a narrow band, and then encounter an

53:22ignition source.

53:25Nothing new is created when we create

53:27LNG, and no chemicals are added.

53:30It's the same natural gas, but in a

53:32different physical state.

53:34When it's warmed, it becomes natural gas

53:37once again.

53:39So, there's multiple layers of safety

53:41built into these facilities.

53:43The facility is built as a closed-loop

53:45environment. The equipment, piping,

53:48valves, and storage systems are designed

53:50to keep the methane, the natural gas,

53:52inside controlled systems.

53:54The LNG tanks are planned as full

53:56containment double-wall tanks.

53:59So, safety does not depend on a single

54:01barrier.

54:03Instruments and controls will monitor

54:06both facilities around the clock and

54:08detect unusual operating conditions

54:10should there be any, including any

54:12unlikely gas release or, should it

54:15occur, fire.

54:17If the systems detect a problem, alarms,

54:19isolation valves, and automatic

54:21shutdowns are designed and built into

54:23the facilities to stop gas flow and

54:25place equipment in a safer condition.

54:28LNG facility includes its own fire water

54:32storage tank and a pump house along with

54:35fire protection systems and emergency

54:37procedures.

54:41When LNG is warmed back into natural

54:43gas, controls continuously monitor the

54:46process and can isolate or shut down the

54:48equipment before an abnormal condition

54:50could possibly grow into a larger event.

54:53The ERC and LNG facilities will be

54:55monitored 24 hours a day, 7 days a week,

54:58all year long with trained personnel

55:00responsible for operation, inspection,

55:03testing, maintenance, and emergency

55:05response.

55:08Now, the LNG tank

55:10is planned with an inner wall and an

55:12outer containment wall

55:14with insulation in the middle. This

55:15means there's not a single failure that

55:17could remove the tank's containment

55:19protections.

55:20In the unlikely event of an LNG release,

55:22the liquid would absorb heat from the

55:24surrounding air and begin converting

55:26back to natural gas.

55:28The extreme cold would condense moisture

55:30in the air, creating a fog-like cloud

55:33containing moisture and methane.

55:35However, as I said, once it returns to

55:38gas,

55:40it actually is lighter than air. So, it

55:42rises and it disperses

55:45rather than collecting on the ground or

55:47spreading to surrounding properties.

55:52As Neil and Catherine mentioned, that

55:54this site itself adds another major

55:57layer of protection. At 1,600 acres,

56:00this facility is in the middle of

56:02company-owned property with development

56:05limited to only part of that tract and

56:07substantial distance setbacks and

56:09buffers between the facilities and

56:11neighboring property.

56:13Even when we assume a defined,

56:15calculated worst-case release, the

56:18facility location model shows that gas

56:20concentration at the property line

56:22remains well below combustion

56:24thresholds.

56:25Summarizing, the tank design contains

56:28the LNG, the monitoring, and the

56:30shutdown systems that limit an abnormal

56:33event, and the size of the site provides

56:36added distance before the property line.

56:39These protections work together to

56:40protect neighboring residents.

56:45There've been questions about local

56:46responders and their capability to

56:48respond. So, Piedmont invited Davidson

56:51County's emergency response leaders to

56:53tour the operating Huntersville LNG

56:55site.

56:56The county fire marshal, EMS director,

56:59deputy fire marshal, and emergency

57:01management coordinator all

57:03participated.

57:05They were able to see for themselves the

57:06equipment, the safety controls, the site

57:09access, and the emergency response

57:11arrangements firsthand.

57:13They expressed comfort with what they

57:15observed, understanding, and did not

57:17identify concerns about the county's

57:19ability to plan for and manage the

57:21presence of a similar facility here.

57:24That coordination between us and the

57:26emergency response teams will continue

57:29as the project advances through

57:30familiarization visits, emergency plans,

57:33drills, access planning, and clear

57:36communication procedures.

57:40Piedmont does not rely on our own

57:42experience.

57:44We participate in the American Gas

57:46Association and an annual LNG consortium

57:49with managers from other facilities

57:51throughout the nation.

57:53These groups openly review lessons from

57:55everyday operations, unusual events,

57:58maintenance, and emergency responses so

58:01that operators can learn from one

58:02another.

58:03Piedmont also participates in a monthly

58:05Carolinas LNG consortium, which gives

58:08local operators a way to share

58:09information in real time.

58:12We use these relationships with other

58:14LNG and ERC operators to compare our

58:16best practices and theirs, identify

58:19improvements, and apply proven lessons

58:22to design

58:23to to design, train, and write

58:25procedures and perform maintenance to

58:28the best possible technology.

58:32So, let's talk about water.

58:34During operations, the LNG and ERC

58:36facilities will not take water from nor

58:39discharge water to the Yadkin River.

58:43The sites will be designed, permitted,

58:45and inspected to meet applicable NCDEQ

58:47requirements.

58:49Rainfall and runoff will be controlled

58:51on site through features such as

58:53retention or detention areas

58:55and other proven stormwater practices.

58:58The design avoids and minimizes impacts

59:01to wetlands, streams, creeks, and flood

59:03plain areas, and maintains required

59:06vegetated buffers.

59:08Lubricants and other waste fluids are

59:10collected in on-site tanks and taken to

59:13approved facilities for proper disposal.

59:16Site personnel use catchments and

59:19absorbent materials while working on

59:20equipment. Even something as small as

59:23oil leaking from a pickup truck is

59:25cleaned up and affected gravel or soil

59:27is removed and properly disposed of and

59:30any leaks are repaired and stopped.

59:33Furthermore, since LNG converts to gas

59:35when it warms, it cannot soak into the

59:37soil or groundwater as said.

59:41To sum it all up,

59:43when you consider Piedmont's operating

59:45record, the physical properties of LNG,

59:48the layers of engineered protection,

59:50the size of the site, the environmental

59:52controls, and our coordination with

59:54local responders, the evidence shows

59:56that these facilities can be built and

59:59operated without posing a risk to the

1:00:01health, safety, or welfare of Davidson

1:00:04County residents.

1:00:05At Piedmont, we understand that public

1:00:08confidence is earned through the safe

1:00:11and reliable operations

1:00:13of our facilities.

1:00:15We want to be transparent and we want to

1:00:17have localized engagement because at the

1:00:20end of the day, our goal is to be a good

1:00:21neighbor to all.

1:00:23Thank you.

1:00:24I am now going to turn this over to Amy

1:00:26Marshall.

1:00:35>> Good evening. My name is Amy Marshall.

1:00:38I'm a professional engineer in North

1:00:39Carolina.

1:00:40I'm the air quality practice director

1:00:43at All4. All4 is an environmental health

1:00:46and safety consulting firm with an

1:00:47office in the Raleigh area.

1:00:50All4 prepared the air permit application

1:00:52for the Davidson County LNG storage and

1:00:54ERC project.

1:00:56The application has been submitted to

1:00:58the North Carolina Division of Air

1:00:59Quality this month and the public and US

1:01:03EPA will have an opportunity to review

1:01:05the application and the associated air

1:01:07quality analysis and provide comments

1:01:10after NCDAQ has finished its review.

1:01:14So, as part of that air permit

1:01:15application, we calculated air emissions

1:01:18from the Davidson County LNG and ERC

1:01:21operations

1:01:22and we also combine those emissions with

1:01:24the adjacent combined cycle turbine

1:01:26station that Duke Energy is proposing to

1:01:29construct in Davie County.

1:01:32So, emissions from the LNG, ERC, and

1:01:35turbine facilities are based on

1:01:37information we received from vendors, US

1:01:40EPA published emissions information, and

1:01:43then data from similar facilities that

1:01:45we operate.

1:01:47And Duke Energy and PNG will monitor and

1:01:49report our actual emissions to

1:01:51demonstrate that they are below

1:01:53permitted levels.

1:01:55Duke Energy and PNG will apply the best

1:01:58available emissions control technology

1:02:01to the project. And this is based on a

1:02:03review of technologies used at similar

1:02:05facilities across the United States.

1:02:08Each type of equipment at each of the

1:02:11facilities will be subject to standards

1:02:13that limit air emissions.

1:02:15And the permit will contain monitoring

1:02:16and record keeping requirements to show

1:02:18compliance with those standards.

1:02:21At the LNG and ERC facilities, gas

1:02:24compression and refrigeration will be

1:02:26electric motor driven.

1:02:28And then they'll have combustion

1:02:29equipment like heaters and emergency

1:02:31engines, and those will be of a low

1:02:33emitting design.

1:02:35The potential for emissions from

1:02:36periodic venting of natural gas to the

1:02:38atmosphere due to maintenance or

1:02:40equipment cleanout or maybe some small

1:02:42leaks has been minimized to by designing

1:02:45the system to capture and control as

1:02:47many of those potential vents as it as

1:02:50is feasible either by recovering the gas

1:02:53back to the process or routing them to

1:02:56an air emissions control device called

1:02:58an enclosed ground flare.

1:03:01The air emissions controls for the vents

1:03:03will be designed and continuously

1:03:05monitored to ensure their proper

1:03:07operation.

1:03:08For example, the enclosed ground flares

1:03:10that will control venting emissions will

1:03:13be designed to be smokeless. They will

1:03:15be monitored to ensure a pilot flame is

1:03:18always lit. A flow meter will ensure the

1:03:20flares are not receiving more gas than

1:03:22they can handle, and they will be

1:03:24operated according to what's called a

1:03:26flare minimization plan, and that plan

1:03:28will outline how the facility will

1:03:30minimize the amount of gas that goes to

1:03:32the flare.

1:03:34The facility will implement a leak

1:03:36detection and repair program. The air

1:03:39permit will require periodic leak

1:03:41inspections at all equipment at both the

1:03:43ERG ERC and RNG facilities, and both

1:03:46facilities will implement continuous

1:03:48monitoring inside all buildings to

1:03:51detect leaks, and then they will monitor

1:03:53outside in key locations.

1:03:55Visible emissions from the equipment

1:03:57will be limited by the permitting by the

1:03:59permit, and operators will perform

1:04:02periodic observations to confirm there

1:04:04are no visible emissions. Any visible or

1:04:07plume that you may see from the facility

1:04:09is likely water vapor condensing from a

1:04:11vent or a stack.

1:04:16So, next we'll talk about the air

1:04:18emissions modeling. We performed what's

1:04:21called air dispersion modeling to verify

1:04:23that the air emissions from the combined

1:04:25facilities will be safe and will not

1:04:27cause adverse effects on human health

1:04:29and welfare.

1:04:31Air dispersion Air dispersion modeling

1:04:33is a computer calculation that predicts

1:04:35how emissions from a facility spread out

1:04:38and dilute as they travel through the

1:04:40air.

1:04:41The air emissions that we put into the

1:04:43model represent the maximum allowed

1:04:46operating scenario because we assume all

1:04:49of the equipment is operating at its

1:04:51highest emission rate simultaneously for

1:04:54every hour of the year.

1:04:56Then we add emissions from sources that

1:04:58are nearby that have um permits.

1:05:02The model uses 5 years of local weather

1:05:04data to calculate concentrations at

1:05:07thousands of points around the facility.

1:05:09So, you can see all the blue dots on

1:05:11this slide here are all the locations

1:05:13where we evaluated concentrations.

1:05:17Um, the concentrations are added to a

1:05:20representative what's called background

1:05:22concentration and then compared to

1:05:24health-based air quality standards to

1:05:26demonstrate that the air people around

1:05:28the facility breathe will stay within

1:05:30safe limits.

1:05:32We modeled against both state standards

1:05:34and federal standards and showed that

1:05:36the maximum emissions from the facility

1:05:39are below acceptable ambient levels.

1:05:42The modeling analysis did influence the

1:05:44design of the facility and shows Duke

1:05:46Energy and PNG will operate in a manner

1:05:49that is protective of public health and

1:05:51the environment.

1:05:53The model results also show that the

1:05:55project is protective of soils and

1:05:57vegetation in the area.

1:05:59The acceptable ambient levels that we

1:06:01used in our modeling analysis are

1:06:02reviewed periodically by the North

1:06:04Carolina Division of Air Quality and by

1:06:06US EPA such that if they receive new

1:06:09scientific information, they can adjust

1:06:12those levels as necessary.

1:06:14In closing, Davidson County as a whole

1:06:16is currently meeting the accepted

1:06:18ambient levels and the project will not

1:06:20cause an exceedance of those standards.

1:06:23I'm going to turn it to Reggie now.

1:06:34>> Good afternoon.

1:06:36Uh, or good evening. My name is Reggie

1:06:38Keith and I'm a

1:06:40acoustical consultant from Houston,

1:06:42Texas

1:06:43and I've been tasked with doing a

1:06:46um

1:06:48a noise assessment. Let me see if I can

1:06:50do this.

1:06:53There we go.

1:06:56Yep, that's it. That's mine.

1:06:59And in order to do that, I have to go

1:07:01through certain steps.

1:07:03Step number one

1:07:05is I need a mission statement.

1:07:07What are you trying to achieve?

1:07:10And

1:07:12Piedmont

1:07:14has said what they're trying to achieve

1:07:16is to control environmental noise

1:07:19impacts

1:07:20with the incorporation of noise control

1:07:22treatment

1:07:24strategies in the design

1:07:30Excuse me. In the design

1:07:32procurement and construction of this

1:07:35project. So, they want to control that.

1:07:38The next thing is do we have the tools

1:07:41to do that?

1:07:42And we do. We have

1:07:44uh sound dispersion models

1:07:47just like

1:07:48uh air dispersion models

1:07:50that we've used on projects for

1:07:53good 25 years, similar type projects.

1:07:57And they've worked pretty good.

1:07:59And there's different types of

1:08:01strategies you could use or algorithms.

1:08:06We use one called ISO 9613

1:08:10which is international standards.

1:08:12And it's

1:08:14quite commonly used on these kind of

1:08:16projects.

1:08:17And this is a very conservative modeling

1:08:20because sound is

1:08:22um

1:08:23affected by atmospheric conditions.

1:08:26So, when you go down wind sound goes a

1:08:30little bit more efficient than it would

1:08:32go up wind.

1:08:35But in this standard

1:08:37all the receivers

1:08:39are down wind

1:08:41of all the sources.

1:08:44So, if I predict the sound level at this

1:08:46location, it's down wind from the

1:08:48source.

1:08:49Predict the sound level at this

1:08:51location, it's down wind from the

1:08:52source.

1:08:55In addition to the tools

1:08:58we need to know the conditions.

1:09:00What are we trying to model?

1:09:03We've been directed by Piedmont

1:09:06to model this facility

1:09:08as if

1:09:10all the equipment were operating

1:09:13simultaneously

1:09:15and continuously.

1:09:17So, that was a maximum

1:09:20impact operation.

1:09:22And so, now we have a strategy,

1:09:25we have the tools,

1:09:27and we have the conditions.

1:09:29The last thing we need is a criteria.

1:09:33How do we know when we've met our

1:09:35mission statement?

1:09:37So,

1:09:39to my knowledge, there's no local

1:09:43or state

1:09:44or federal regulations

1:09:47for noise on this facility.

1:09:50So, I said, "I can't do anything unless

1:09:52we have something."

1:09:54So,

1:09:56Piedmont, we discussed it with Piedmont,

1:09:59and we decided or they decided

1:10:03to use

1:10:05a criteria

1:10:07that was proposed by the EPA

1:10:10in 1974.

1:10:13It's called a day-night level.

1:10:17And that's a 24-hour average

1:10:19of the sound levels

1:10:21during the day and the night.

1:10:24Only, it's a little bit askewed because

1:10:28the night time levels have more

1:10:30importance than the daytime levels.

1:10:33So, in this calculation, this average,

1:10:37they're assuming or

1:10:38it's it's you're acting as if the night

1:10:41time sound levels

1:10:43are 10 dB greater than they actually

1:10:45are.

1:10:47So, it's So, it's a skewed average.

1:10:50And

1:10:52the EPA said, "This is a level

1:10:56that's sufficient to protect public

1:10:58health and welfare

1:11:00with an adequate margin of safety.

1:11:04In other words, they came up with a

1:11:05level I think it was 60

1:11:08they said was adequate.

1:11:10And somebody said, well, these projects

1:11:12we're working on

1:11:14are going to last 50 or 100 years.

1:11:18And somebody and they said, okay, we'll

1:11:19add a margin of safety.

1:11:21That was at 5 dB.

1:11:24Currently

1:11:26the Federal Energy Regulatory

1:11:28Commission, FERC,

1:11:30uses an LDN 55 as the criteria

1:11:35for interstate

1:11:37natural gas pipeline

1:11:40uh or transmission projects.

1:11:42This includes compressor stations,

1:11:46meters and regulator stations,

1:11:48and LNG shipping terminals.

1:11:51They're part of this process.

1:11:55And this is not an option.

1:11:58If you need FERC permit,

1:12:00you have to do this. You have to commit

1:12:02to it. You have to show them you think

1:12:05you can do it, convince them.

1:12:07And then when it's all over,

1:12:09you have to go make measurements

1:12:11and prove you did it.

1:12:14So, Piedmont said, okay,

1:12:17this looks like a good criteria that we

1:12:20could use.

1:12:21And so that's what they've chosen right

1:12:23here.

1:12:24So, once I have all of this,

1:12:28I then go and

1:12:30I do my modeling

1:12:33and

1:12:35I assume certain noise control

1:12:38treatments, initial ones.

1:12:40And I run my model.

1:12:42Guess what?

1:12:44Doesn't work.

1:12:46So, then I have to go back

1:12:48and do more

1:12:50balancing out of equipment

1:12:53until I have something that works.

1:12:56Once I do that,

1:12:58I go back to P Martin and say, "This is

1:13:00noise control we're looking at right

1:13:01now."

1:13:03This preliminary.

1:13:05And I'm going to show you a

1:13:08Oops.

1:13:09There we go.

1:13:12And

1:13:16Where is the button for the

1:13:18pointer?

1:13:20>> The laser?

1:13:21>> Yes, the laser. Give me that.

1:13:22>> Yes, sir. The little red kind of

1:13:25sunburst looking

1:13:26>> Which one is

1:13:26>> Yes, sir.

1:13:28>> This is blind. Which one is that one?

1:13:31So, what you're looking at right here is

1:13:33an aerial view of the site.

1:13:35>> Glad to see

1:13:36>> Oops. I didn't mean to do that.

1:13:38>> Awful close to the advanced button.

1:13:40>> It is.

1:13:42I don't want to go over this again.

1:13:44There we go.

1:13:46Um an aerial view of the site.

1:13:49This purple area is the boundary, site

1:13:52boundary.

1:13:54This is the

1:13:55current location

1:13:57of the liquefaction area.

1:14:00And this is the ERC

1:14:02at the moment.

1:14:04And so,

1:14:06when I've completed my model,

1:14:09and I want what I really want

1:14:12is no greater than a

1:14:15LDN 55

1:14:17at any offsite

1:14:19residential location. That's my goal.

1:14:23If I do that, they've met the mission

1:14:25statement.

1:14:28And so,

1:14:29when I've done it with the last model,

1:14:32this contour right here represents

1:14:35an LDN 55 contour.

1:14:38All

1:14:41Well,

1:14:45as I go

1:14:48Okay, I

1:14:49I'll just go to the end real quick.

1:14:51There we go.

1:14:52I'll try to do better.

1:14:53Okay.

1:14:55Uh

1:14:56So, every point

1:14:59on that line is an Ldn 55.

1:15:02Now, remember, this is a

1:15:04downwind propagation. So, this point

1:15:06right here

1:15:08is Ldn 55 with the wind blowing this

1:15:10way.

1:15:11This point right here is an Ldn 55 with

1:15:14the wind blowing that way.

1:15:17So, it's it's a conservative model in

1:15:19that respect. All the area

1:15:22inside of that contour is greater than

1:15:25an Ldn 55.

1:15:28All the area outside of that contour

1:15:31is less than an Ldn 55.

1:15:37This

1:15:40This contour

1:15:42uh assumes, again, all this equipment is

1:15:45operating. All this equipment is

1:15:47operating simultaneously,

1:15:5024 hours a day.

1:15:53So, in order to come up with this

1:15:54contour, that's what I have to assume.

1:15:57The noise control

1:15:59that I've given them

1:16:01um

1:16:02will allow them to do that with their

1:16:04current design.

1:16:07What kind of noise control? Well, they

1:16:09have fans.

1:16:11They have to use low noise fans.

1:16:14They have buildings. Those buildings

1:16:16have to be acoustically rated.

1:16:19And so, with the information I give

1:16:21them,

1:16:22they can now go to their uh

1:16:24respective uh

1:16:27suppliers

1:16:29and ask for

1:16:31um

1:16:34ask them to to uh see if they can supply

1:16:36that.

1:16:38So, in summary,

1:16:40the noise simulations that we today

1:16:43even at this preliminary stage

1:16:46with everything right

1:16:48a maximum

1:16:50uh

1:16:51impact operation.

1:16:54You can use you can achieve the sound

1:16:56DN55. I'm confident you can.

1:17:00And that's using proven noise mitigation

1:17:03strategies.

1:17:05These are the same noise mitigations

1:17:07that we use on other LNG facilities

1:17:11and compressor stations.

1:17:13Now,

1:17:16these methodologies aren't fixed in

1:17:18stone.

1:17:20I said it's feasible. We can do it now.

1:17:23But as the design progresses,

1:17:27they're going to have to continuously go

1:17:30back and re-evaluate this as they get in

1:17:33different information from vendors,

1:17:36as they're looking at their construction

1:17:38techniques,

1:17:40and things of that nature.

1:17:43Then,

1:17:45um

1:17:46lastly, and this is a little bit unusual

1:17:49for these type of facilities.

1:17:52P-Man has said we'll do a

1:17:53post-construction survey.

1:17:55And that's one thing about noise.

1:17:58I can go back after the fact and measure

1:18:00it.

1:18:02Maybe not It's not quite so simple, but

1:18:05I can accomplish it.

1:18:07In fact,

1:18:09on every third project, they require

1:18:12this.

1:18:13They require a post-construction survey.

1:18:17And P-Man has said if plant if

1:18:21compliance

1:18:22is not achieved,

1:18:24then they will take corrective measures

1:18:28and re-survey till it has been achieved.

1:18:32And again,

1:18:33that is a condition that P-Man imposes,

1:18:38So, that

1:18:40is its current status of the noise

1:18:42evaluation study.

1:18:44And again,

1:18:46it will be continuously updated

1:18:49as new information comes in

1:18:52uh and uh vendor data becomes available.

1:18:57Thank you so much.

1:19:42Sorry, Chris.

1:19:45>> Um

1:19:46>> No worries.

1:19:47>> Good evening, Chairman Green and members

1:19:50of the Planning Board. Again, we thank

1:19:51you for this opportunity to come before

1:19:53you to make the case for our requested

1:19:55rezoning of this parcel.

1:19:58Now, you may recognize me and some of

1:20:00your colleagues in the Board of

1:20:01Adjustment uh certainly know recognize

1:20:03me

1:20:04cuz I've appeared before you in multiple

1:20:06times, most of the time representing

1:20:08people who are opposed to these type of

1:20:11development projects,

1:20:12both with the rezonings and use permits.

1:20:16And a lot of times, these matters can be

1:20:18confrontational, they can be

1:20:20controversial, a lot of emotion can be

1:20:23wrapped up in these matters.

1:20:26But when I analyze these issues, I

1:20:28always find it best to take a step back

1:20:31and to ask this board to consider what

1:20:34it is they are required to do under the

1:20:36provisions of the Davidson County Zoning

1:20:38Ordinance.

1:20:40Sometimes it's better to know what the

1:20:41law is and what the mission really is

1:20:44and how to analyze these issues that

1:20:46come before you upon which people can

1:20:48have extremely strong and extremely

1:20:50divergent

1:20:52opinions.

1:20:54And so if you refer to me

1:20:56and I will try to do better with the

1:20:57slides in this regard.

1:21:00Here is your law and I put it up here

1:21:02which is the Davidson County Zoning

1:21:04Ordinance, most specifically section 7,

1:21:08subsection or section 7.10 subsection F.

1:21:12And what we're here talking about is

1:21:14we're asking you to amend the map

1:21:17of the zoning map of Davidson County to

1:21:19make this change in favor of Piedmont's

1:21:22request.

1:21:23The version we're using is the most

1:21:25accurate version which was recently

1:21:27amended back in June of this year.

1:21:31And so the next question that I would

1:21:33ask would be what does the zoning

1:21:35ordinance say?

1:21:37Well, wouldn't you know it, I have it

1:21:38for you in the next slide.

1:21:41The land use compatibility that we have

1:21:43here

1:21:44focuses on two inquiries this board

1:21:47needs to make.

1:21:49The first is that the board needs to

1:21:51analyze and adopt a statement

1:21:54describing the level of consistency of

1:21:56the proposed amendment with the adopted

1:21:59comprehensive plan which here is the

1:22:02Davidson County Land Development Plan.

1:22:05We'll talk about that more in the next

1:22:07few slides and you see the citation.

1:22:09That is subsection F, subsection 1 of

1:22:13the ordinance.

1:22:15But you're not done there.

1:22:17The second task that the commissioners

1:22:18have posed you with

1:22:20is that you are required to draft a

1:22:22statement analyzing the reasonableness

1:22:25of Piedmont's requested conditional use

1:22:27rezoning

1:22:29and whether to recommend that statement

1:22:31to the Davidson County Board of

1:22:32Commissioners.

1:22:33That is the second task of which you are

1:22:36responsible for.

1:22:44We'll start with the first, which seems

1:22:46like a logical task to start with.

1:22:49The Davidson County Land Use Development

1:22:51Plan in the updated version of 2009

1:22:55states its objective and at the risk of

1:22:57reading that for the

1:22:59for the plan you can see that there, but

1:23:01the Davidson County Land Development

1:23:03Plan was developed with the cooperation

1:23:05of citizens of Davidson County,

1:23:07the County Board of Commissioners,

1:23:10the County Planning Board,

1:23:11and the County staff.

1:23:13This plan serves as a guide to help the

1:23:15community make land use decisions and to

1:23:18provide for the orderly growth and

1:23:20development of the county.

1:23:23This plan will be reviewed and revised

1:23:25periodically by the County Board of

1:23:26Commissioners after formal adoption as

1:23:29conditions within the county's planning

1:23:31jurisdiction change over time.

1:23:35And Mr. Chairman members of the board, I

1:23:37don't think I need to emphasize to this

1:23:39board in particular how much has changed

1:23:41in Davidson County since 2009.

1:23:46As we look at Piedmont's requested

1:23:48application,

1:23:49the application sets forth the various

1:23:51provisions of the Land Use Development

1:23:53Plan which are effective and how

1:23:56Piedmont complies with those individual

1:23:58policies.

1:24:00You see that I have those policies

1:24:02addressed. This comes directly from the

1:24:04application that was provided to the

1:24:06board and those are listed below.

1:24:09In particular, I would like to draw your

1:24:10attention to policies four and those

1:24:13collection of items under policy four

1:24:16because that is the gist of our request

1:24:18in here today.

1:24:21Piedmont believes that conditional

1:24:23rezoning of this property from RA1 RA2

1:24:27to condition conditional zoning HI is

1:24:30consistent with the land development

1:24:32plan.

1:24:33Most notably, the parts I previously

1:24:36mentioned of policy four and the various

1:24:39subsections which focus on industrial

1:24:42development.

1:24:43The tract we seek, the 1600 acre parcel

1:24:47we've described earlier, that tract that

1:24:49we seek to conditionally rezone

1:24:52possesses what your plan calls unique

1:24:56locational advantage for our industrial

1:24:59use.

1:25:00Most notably, due to the location of the

1:25:03Williams Transco

1:25:05natural gas pipeline

1:25:07which is the only source of natural gas

1:25:10to region five.

1:25:12It should not come as any surprise or it

1:25:15should be

1:25:16self-aware of this board

1:25:20that an energy reliability center and a

1:25:23liquefied natural gas storage facility

1:25:26would uniquely depend on the presence of

1:25:29the natural gas pipeline that transmits

1:25:32that that substance.

1:25:35Likewise, the size and the

1:25:38characteristics of the tract allows for

1:25:41this type of use.

1:25:43Now, we classify as industrial, perhaps

1:25:46there would be a better zoning

1:25:47classification in the future, but using

1:25:49that criteria

1:25:51this land this this tract in particular

1:25:54offers those advantage.

1:25:57Now, of course, I'm an attorney for

1:25:59Piedmont Natural Gas, but I'm also a

1:26:01resident of Arcadia.

1:26:07And as a result

1:26:09I've made sure to take those efforts to

1:26:11ask myself the same questions I would

1:26:13want to ask of Piedmont if this were

1:26:15coming to Arcadia and not to this corner

1:26:17of West Davidson.

1:26:19And doing so, I've made the inquiries

1:26:22that I'm asking you to make here.

1:26:25So, with the land use development plan,

1:26:27that plan recalls for a tract that is

1:26:30remote.

1:26:32This use will be disturbing 500 acres,

1:26:34eventually operating on 300 acres

1:26:37in the middle of a 1,600 acre tract.

1:26:41And earlier today, I went back to the

1:26:43land use development plan to see a

1:26:45section that was entitled communities

1:26:47top 10 ideas,

1:26:50which was part of that plan from

1:26:52community input back when the project

1:26:55was when the report was prepared.

1:26:58And in particular, it mentioned that new

1:27:00that one of the top 10 ideas, top 10

1:27:02requests of the community, was that any

1:27:05new development would establish at least

1:27:07a 10 to 15% buffer.

1:27:10The buffer here in terms of the active

1:27:12use versus the entire tract

1:27:15is over 66%.

1:27:18That's one of the uses as well.

1:27:20And another one of the communities top

1:27:2210 ideas was that eminent domain would

1:27:25not be used for economic development

1:27:27purposes.

1:27:29And this is one of the purposes for the

1:27:30tract in deciding here. It's got the

1:27:33Williams Transco pipeline. It's large in

1:27:36its nature to be able to provide that

1:27:37separation from neighbors and other

1:27:40community members.

1:27:42And in addition, we can accomplish

1:27:44everything needed without the need to

1:27:47acquire a single easement or exercise

1:27:49any power of eminent domain.

1:27:52This tract allows this entire operation

1:27:55to be self-contained in Piedmont's

1:27:57property.

1:27:59Now, in terms of the Davidson County

1:28:02zoning ordinance, I think it's this

1:28:04board and the board of commissioners has

1:28:06long recognized that individual property

1:28:08owners should be able to use their the

1:28:11But I would state it goes back to a

1:28:12little more and that would be being a

1:28:14good neighbor. So yes, I can use my

1:28:16property as I see fit, but I think we're

1:28:19all incumbent to say, "I don't want to

1:28:21use my property in a way that harms or

1:28:24disrupts my neighbors."

1:28:26I want to be a good neighbor.

1:28:28And so as I look at this and I analyze,

1:28:30again if this were in Arcadia, where I

1:28:32live,

1:28:34what would I want to know?

1:28:36Will I see this project? Will I hear

1:28:38this project?

1:28:40Will I receive any smells, odors? Is

1:28:43there an air issue here? And I think as

1:28:45we've come before you here tonight,

1:28:47we've answered those questions for you

1:28:50and we are available to you to answer

1:28:52even more.

1:28:54So I would encourage you to ask our

1:28:55subject matter experts all those

1:28:57questions that you deem that are

1:28:59important.

1:29:02Once you determine the the

1:29:05uh

1:29:06proposed application is consistent with

1:29:08the land use development plan and those

1:29:10various sections that I've identified

1:29:12for you, then you have to make your

1:29:14second inquiry and your second decision

1:29:16here tonight.

1:29:17And so that is determine whether the

1:29:19conditional rezoning

1:29:20is reasonable.

1:29:22Now, in the law, reasonable is one of

1:29:24those loaded terms that can mean

1:29:26something to me and something very

1:29:28different to someone else.

1:29:31But the county board of commissioners in

1:29:33drafting your ordinance have given you

1:29:35clues and given you criteria to analyze

1:29:39that criteria those those issues,

1:29:41whether it is reasonable.

1:29:43And I've set them out here and everyone

1:29:44can read that and so there's no reason

1:29:46to rehash.

1:29:47But when you think about the size of the

1:29:49parcel, that's what we've discussed in

1:29:51terms of the 1,600 acres and the actual

1:29:54300 acres of use once the project is

1:29:57complete,

1:29:58physical conditions and attributes.

1:30:01You've heard from the various speakers,

1:30:03the intent is to leave as much of the

1:30:04area as possible, the tree cover, the

1:30:06vegetation to function as a natural

1:30:09barrier around the property and the

1:30:11premises.

1:30:13Benefits to landowners, of course the

1:30:15property owner wishes develop the

1:30:16property in the way they would desire to

1:30:18do that. But also neighbors and

1:30:20surrounding community. The application

1:30:22details the various investment the

1:30:24Piedmont will make in Davidson County

1:30:27and the expected tax revenue that comes

1:30:29from that.

1:30:31We also talk about the current and

1:30:33permissible zoning use as it is now

1:30:36versus the various and permissible uses

1:30:39once the zoning is approved.

1:30:41And keep in mind Piedmont understands

1:30:43this is a big ask. This is a significant

1:30:45project for us and for our company.

1:30:48And so for that reason we have provided

1:30:50to you the various experts, the studies

1:30:53and the analysis as part of our request

1:30:56because we want to be that good neighbor

1:30:58and we want to provide that information.

1:31:02So as we look at the various factors

1:31:04that we're here, we see that factors one

1:31:07through eight

1:31:09give you the understanding of how to

1:31:11analyze the question that you will have

1:31:13to answer,

1:31:14members of the planning board, in

1:31:16conveying your statement of

1:31:18compatibility and reasonableness

1:31:20to the Davidson County Board of

1:31:22Commissioners.

1:31:23So I mentioned before that I'm of course

1:31:26an attorney for Piedmont Natural Gas

1:31:27here and it's my professional duty at

1:31:30this point to advocate for my client and

1:31:32I think everybody here would understand

1:31:34that.

1:31:35But I'm also a

1:31:37lifelong resident of Davidson County.

1:31:40I'm a father, I'm a resident of the

1:31:41Arcadia community and I'm a taxpayer.

1:31:45And so those various analyses that I've

1:31:47looked at

1:31:49I I take to heart.

1:31:51The concerns are heard in other words.

1:31:54I'm sure you will hear many other

1:31:56opinions here tonight

1:31:59and I think these opinions are

1:32:00important.

1:32:02Even if they are from citizens who live

1:32:04further away from this plant than I do.

1:32:07Because I think everyone here comes from

1:32:09a point not out of

1:32:12anger, but they want the best for

1:32:14Davidson County.

1:32:15That's why I'm here. That's why you have

1:32:17chosen to serve in this capacity. That's

1:32:19why individuals in the community are

1:32:21here. They want what they believe is

1:32:23best for Davidson County, and those

1:32:25opinions are important.

1:32:27From what I have observed through this

1:32:29process in particular from the people of

1:32:32Piedmont is that Piedmont is exactly the

1:32:35type of applicant that I would want if

1:32:38this use were coming to Arcadia.

1:32:42Make no mistake. I've identified this is

1:32:45a big project.

1:32:47But I've seen Piedmont approach this

1:32:50thoughtfully and carefully.

1:32:54Alongside me in the audience are

1:32:56multiple representatives representatives

1:32:58of Piedmont and Duke Energy

1:33:00who would be available for all of your

1:33:02questions.

1:33:03We brought them here tonight as part of

1:33:05a demonstration of our commitment

1:33:08to provide this board with the facts it

1:33:10feels it needs to answer specific

1:33:12questions and provide information to the

1:33:15public at large.

1:33:17Before opening the floor for questions

1:33:19from the board,

1:33:21please allow me to close with this.

1:33:25I can state at this point with

1:33:26confidence that Piedmont has sought to

1:33:29leverage their expertise, their

1:33:32experience

1:33:33to put together a project that meets the

1:33:36needs of a growing population while at

1:33:38the same time mitigating the impact of

1:33:42the project upon nearby property owners.

1:33:45What I have observed in this process and

1:33:47throughout this process

1:33:49is what I believe

1:33:50the very definition of what your land

1:33:53use plan calls orderly and the orderly

1:33:55growth and development.

1:33:58And so on behalf of Piedmont Natural

1:33:59Gas, I would like to at this time

1:34:02formally request the board to conclude

1:34:04that our conditional rezoning request to

1:34:07rezone the subject property

1:34:09from RA1 RA2 to CZHI

1:34:13is both reasonable and consistent with

1:34:16the Davidson County Land Use Plan

1:34:18and as a result

1:34:21to make and communicate that

1:34:23recommendation to the Board of

1:34:24Commissioners to approve the conditional

1:34:27rezoning request as stated.

1:34:30Thank you.

1:34:33>> Thank you, Chris.

1:34:41>> Mr. Chairman, as we wrap up

1:34:45as Chris has said, we know why we're

1:34:47here in the request that's before you.

1:34:50We do have certain conditions that we've

1:34:51proposed in the application that are up

1:34:53on the screen and that are reflected on

1:34:56the site plan that was shown earlier and

1:34:58that is before you.

1:35:03With that, I promised the website for

1:35:05the Davidson-Davie Energy Complex. Take

1:35:07a picture.

1:35:09It's also posted. You can Google it. Uh

1:35:12Davie-Davidson Energy Complex, it comes

1:35:14up.

1:35:15It's a lot of information there

1:35:17including the visual simulations.

1:35:19There's also the project email should

1:35:21there be questions after tonight.

1:35:23That is monitored and responded to.

1:35:27We truly appreciate your time.

1:35:29As we have said, we have our experts, we

1:35:32have our panels.

1:35:34We would be happy to take your

1:35:36questions.

1:35:38>> All right. Thank you, Ms. Rolf.

1:35:42You have certainly given us a lot to

1:35:44chew on.

1:35:45>> Yes, sir.

1:35:47>> Um

1:35:49so

1:35:50board, do you have questions at this

1:35:52time

1:35:53for the applicant.

1:35:58>> I have

1:35:58>> And I'm going to attempt to parse out

1:36:00the questions. That is my whole role

1:36:02here. I promise I will not be the one

1:36:03answering them.

1:36:05But we will take them.

1:36:07>> Cole is also going to be writing them

1:36:08down and we will make sure that we have

1:36:10the right person address them. Pardon

1:36:12the interruption.

1:36:13>> Let me Let me just before we bring

1:36:15anybody else up to speak.

1:36:19Let me just I just ask that folks who

1:36:22are having conversations to please

1:36:23consider

1:36:25taking those out of the room because it

1:36:27is disruptive to those of us who are

1:36:29trying to hear and those both up here

1:36:32and in the audience. Um

1:36:34You know,

1:36:35that that was just a simple request. We

1:36:38would ask that

1:36:39we'll try to all show each other respect

1:36:41in that regard.

1:36:44Okay.

1:36:46Uh Board, I think did you got some?

1:36:48>> Um

1:36:49two questions off the top of my head.

1:36:52Have you considered berms around the

1:36:53property?

1:36:55>> You want to give it both or you want me

1:36:57to call a lot?

1:36:58>> Whoever is

1:36:59>> Walk them.

1:36:59>> is

1:37:01qualified to answer that question.

1:37:05>> I believe Mr. Keith is

1:37:12>> So, I'm curious if you've considered

1:37:14berms around the property. In some

1:37:16industrial complexes they build up the

1:37:18berm around it to prevent

1:37:20sound uh

1:37:21uh

1:37:22So, question

1:37:23>> for sound attenuation not for a security

1:37:25barrier or something along those lines.

1:37:27Okay.

1:37:28>> Yeah.

1:37:28>> Um

1:37:29we have not considered it yet at this

1:37:31time. We performed the sound study. If

1:37:33that's something you'd like for us to

1:37:34take a look at, we can certainly

1:37:35consider it.

1:37:37But with the 55 decibels as explained by

1:37:40Mr. Keith, um

1:37:41had not considered adding the berms at

1:37:43this time.

1:37:44>> Just out of curiosity, 100 ft from that

1:37:47red circle and maybe you want to come up

1:37:49and answer that. What was your decibel

1:37:52reading?

1:37:54100 ft outside of that red circle around

1:37:56the the facility.

1:37:58>> The estimate estimated level?

1:38:01>> Yes, sir.

1:38:01>> Okay.

1:38:03>> Let me come back up here. Can we go back

1:38:06to that?

1:38:10Okay, there you go.

1:38:11>> It's just taking a second.

1:38:13>> Okay.

1:38:14So you're at 55 around the red. If if

1:38:17you're

1:38:18off of that, how how how far out does it

1:38:23>> Um what If you look at my design point

1:38:27is labeled NSA 1 right there.

1:38:29>> Mhm.

1:38:30>> That's a residence.

1:38:32>> Okay.

1:38:33>> That I want to keep under Ldn 55 if I

1:38:36can.

1:38:38Then everybody else will be under 55.

1:38:40>> Are you under 55 at the property line or

1:38:43or is it

1:38:43>> At the right now we're under 55 at the

1:38:46property line.

1:38:47>> What are you at the red line?

1:38:49>> At the red line, we're exactly 55.

1:38:52>> Okay.

1:38:52>> That's the estimate.

1:38:54But that NSA number one

1:38:57right now is sitting at 54.

1:38:59>> Okay.

1:39:00>> It's what again?

1:39:02>> 54.

1:39:03>> 54.

1:39:04>> That's the worst case scenario downwind.

1:39:08>> I'm sorry, what was the question?

1:39:09>> It's worst case scenario downwind.

1:39:11>> Oh, yeah. Everything is worst case

1:39:13scenario downwind. If I didn't do that,

1:39:15we have models where I can put the wind

1:39:18in one direction.

1:39:19>> Okay.

1:39:19>> And if I did that, I could start a

1:39:21source here, put the wind over here and

1:39:24I'd get this egg-shaped thing.

1:39:26But I'd say, "You're okay."

1:39:28And you say, "Okay."

1:39:29Then somebody over here go like, "What

1:39:31if the wind blows that way?"

1:39:33And so I do another model and I get this

1:39:36egg-shaped thing.

1:39:37And then somebody else over here says,

1:39:39"What about me?"

1:39:41And so that's the reason why this is an

1:39:43idealization.

1:39:44>> Okay. I have a question about sound,

1:39:47too, since you're up here, that would

1:39:49probably be helpful. Um

1:39:52and it's a two-part

1:39:53>> Could you speak up a little bit?

1:39:54>> Yeah, sorry.

1:39:55>> trouble hearing you.

1:39:56>> Yeah, uh my accent's pretty thick, too.

1:39:58I'm a long-time resident here.

1:40:01Um

1:40:02the it's kind of a two-part question

1:40:04regarding sound and also uh the

1:40:07longevity of construction process. What

1:40:09is the length of the construction of

1:40:11this site planned? And if so, did the

1:40:14sound study also cover the sound of the

1:40:18construction?

1:40:19>> Uh

1:40:20well, I can't address the length.

1:40:23But the question was, did it could cover

1:40:26the construction? The existing sound

1:40:29study has not covered that.

1:40:31>> Okay.

1:40:32>> But that's a common element in all of

1:40:34our studies.

1:40:36So, it's something that

1:40:38can be incorporated in.

1:40:42Um

1:40:43but no, the existing study didn't didn't

1:40:45cover that.

1:40:46>> What if you were to put a berm in

1:40:49in the beginning of the construction,

1:40:52wouldn't that help these residents a

1:40:54whole lot with the sound?

1:40:57>> Um I'd have to take a look at it because

1:40:59that depends upon the topography, the

1:41:02relative

1:41:03heights of the sources,

1:41:05>> Yeah.

1:41:06>> the receiver, and the berm, where it is

1:41:09and how tall it is.

1:41:11Um a berm is certainly a a um or a

1:41:14barrier. We've used walls.

1:41:17It's certainly a noise control strategy.

1:41:20And so, I'm trying to stay away from

1:41:22that right now as much as I can.

1:41:25>> Well, I've just seen so many many things

1:41:27that have been designed on a computer,

1:41:30and then when they're put in the real

1:41:31world,

1:41:33they don't work the same way.

1:41:38>> I'm sorry.

1:41:38>> it time I've seen time and time again

1:41:40where there's been studies and projects

1:41:42put together on a computer simulating.

1:41:45And then when you put them out here in

1:41:46the real world, they didn't work like

1:41:48they did on the computer.

1:41:51>> That's correct. That's the reason

1:41:54Let's go one slide over.

1:41:56That's the reason for that last thing

1:41:58right here.

1:42:00You're going to hold me to account.

1:42:02All my projects are that way.

1:42:04I can go back and I can make a measure.

1:42:07Do we measure it or not?

1:42:10So, I can check.

1:42:12>> I I just I just want to safeguard the

1:42:15residents there at that one location

1:42:19because construction's going to be

1:42:20coming in and out there when they're

1:42:22building it. And

1:42:24that's, you know, not got nothing to do

1:42:26with final project, but they need to be

1:42:30safeguarded for sound during the

1:42:32construction and whenever the building

1:42:34is built.

1:42:37>> Mr. Hayworth, I was going to say I might

1:42:38ask Mr. Moser or Neil, excuse me, to

1:42:40come up um and talk about both

1:42:43construction timeframe, which was a

1:42:45question, and then construction hours

1:42:47and and those type features.

1:42:51>> Sure, Mike.

1:42:52Uh so, a question on duration. Uh we're

1:42:54looking at a proposed 5-6 year project.

1:42:57Um and that's from initial beginning

1:43:00going out and you

1:43:02from initial borings on site to the

1:43:05commissioning transition operations. So,

1:43:08long duration.

1:43:09The majority of the questions are

1:43:11probably going to be focused on the

1:43:12earth moving equipment um and the the

1:43:15noise associated with that. That will be

1:43:17earlier in the project. Obviously, we

1:43:18have to get a graded site before we can

1:43:20begin post construction activities. So,

1:43:23as we look at that, um

1:43:25that's relatively early in that

1:43:27duration.

1:43:28Um

1:43:29your next question.

1:43:34>> That was my my That was my question.

1:43:36>> have some more questions though about

1:43:38construction process. I'm land surveyor,

1:43:41so I deal with construction a lot and

1:43:45one thought I had is

1:43:48Are you Do you plan on using um

1:43:52the

1:43:54Callahan Hill Road as access for

1:43:57construction?

1:43:58Um or will it only be limited to the

1:44:02entrance that is proposed along Giles

1:44:05Road?

1:44:06>> Obviously until that entrance is

1:44:07constructed, Callahan Hill Road gets to

1:44:10the the closest entry point to this

1:44:13area, so

1:44:14initially Callahan Hill Road until such

1:44:16time as that entrance is constructed.

1:44:20>> I drove out there. That's

1:44:24That's just a tar and gravel road. Giles

1:44:26Road is a

1:44:27you know, normal road with yellow lines,

1:44:30uh

1:44:31easy traffic, um

1:44:34or easier I think than Callahan Hill. I

1:44:37I would be concerned about construct any

1:44:38construction traffic going down Callahan

1:44:41Hill. I think it would actually be

1:44:43better served as fire emergency access

1:44:46only.

1:44:47Um

1:44:48I don't know if that's some kind of

1:44:49condition that could be considered for

1:44:51this site.

1:44:54>> So, I think what you're saying is

1:44:56convert to the main entrance for all the

1:45:00traffic, construction traffic as soon as

1:45:03>> soon

1:45:03>> feasible.

1:45:04>> Yeah.

1:45:06>> As opposed to using that access

1:45:10continuously throughout construction

1:45:13that could run 5 or 6 years. I I would

1:45:15absolutely

1:45:17support that request.

1:45:20So,

1:45:22okay.

1:45:22>> One one thing that hadn't been brought

1:45:24up is lighting. What type What type of

1:45:26lighting is going to be used on this

1:45:27facility?

1:45:38>> If I may, I'm going to have Justin

1:45:39introduce himself since he has not

1:45:41already spoken. So, that's my signal to

1:45:43him to do that. And second of all, I

1:45:45also asked Justin if he would address

1:45:48Mr. Hayworth's

1:45:50concerns sort of um topography and where

1:45:54some of the construction activity would

1:45:55take with respect to the residences. So,

1:45:58if he strays from your question, blame

1:45:59me, not him.

1:46:02>> Uh my name is Justin Burdette. I'm uh

1:46:04with L.A. Gates Company. We're a

1:46:06third-party engineering consulting firm

1:46:07out of Beckley, West Virginia, and I'm

1:46:09supporting Piedmont through the

1:46:11inception of this project all the way

1:46:12through the end. Um

1:46:14as far as lighting, uh we're you know,

1:46:17typical Piedmont operations is have the

1:46:19facility lit up at night. For this, um

1:46:21due to the location of the neighbors, if

1:46:24needed, we can address the lighting

1:46:26using various methods, including, you

1:46:28know, downward-facing light shades as

1:46:30well as other means to control nighttime

1:46:32pollution, uh light pollution that is.

1:46:34So, um that's something Piedmont is

1:46:36aware of and has implemented on other

1:46:38projects similar to this.

1:46:40Um as jumping back to your question as

1:46:42far as topography, um

1:46:44the the mention of berms, that is not

1:46:46something we've considered based on the

1:46:48current topography of the um the

1:46:50property. It is very, I'll say, hilly

1:46:53property. Um

1:46:54so, depending on what that looks like,

1:46:56that may or may not even have the need

1:46:59or necessity for various berms just due

1:47:01to the the topography that's there and

1:47:03then the amount of grading that will

1:47:04have to take place at the facility to

1:47:07get the facility to a buildable site.

1:47:09>> But from an elevation perspective, where

1:47:11the

1:47:12site is going to be

1:47:14compared to the next closest neighbor,

1:47:16you higher or lower than that?

1:47:19>> Confirm that. Quincy, I believe we will

1:47:21be lower. Correct.

1:47:23>> Yeah, so it'll be quite a bit lower at

1:47:25our facility. So we will have I won't

1:47:27say a natural burn, but to get our

1:47:29facility to a constructible point, it

1:47:31will be lower and the residents will be

1:47:33at a higher elevation.

1:47:35>> Skipping around a little bit, I wanted

1:47:36to ask

1:47:38did I understand right that this

1:47:39facility will not use water out of the

1:47:41Yadkin River?

1:47:42>> That That is correct.

1:47:44>> During construction or in operation?

1:47:48>> During construction, excuse me, during

1:47:50operations, there will be no use of the

1:47:53Yadkin River.

1:47:54During construction, there will be some

1:47:56water use and at this point Piedmont is

1:47:58exploring all of the options. They've

1:48:01had conversations with Davidson Water.

1:48:04They've looked at on-site um

1:48:07uh they availability to create their own

1:48:10place of water, uh trucking in water,

1:48:13and there's also the consideration if it

1:48:15if it would be appropriate to take any

1:48:17of the water from Yadkin and put it back

1:48:19in, but that would only during

1:48:21construction.

1:48:22>> So during operation, it won't use any

1:48:24water?

1:48:25>> Correct. During operations and I

1:48:26>> Do we

1:48:27>> took the question over from Amy.

1:48:28Apologies, I did what I said I wouldn't

1:48:30do, but

1:48:32um

1:48:32>> The other side

1:48:33>> During During um

1:48:36during operations,

1:48:38>> So

1:48:38>> there is no water use.

1:48:40>> So do we do we have quantity levels that

1:48:42are anticipated for construction use

1:48:45water?

1:48:46>> No, sir. That That is to be evaluated as

1:48:48we evaluate other sources of water that

1:48:50are needed for construction and testing

1:48:52at the end. Um as far as operation, just

1:48:56to speak to that,

1:48:57during operation, energy reliability

1:49:00centers do not take from water sources

1:49:03or put back into water sources. LNG

1:49:05facilities do not take from water

1:49:06sources or put back into water sources

1:49:09of the environment. Our other facilities

1:49:11are not cited near or at a waterway. We

1:49:16don't need it for operation of an LNG or

1:49:18an ERC.

1:49:21>> Liam,

1:49:22just for clarification, we're talking

1:49:24about this facility on our side of the

1:49:27river.

1:49:27>> Wait. Wait. Wait. Wait a minute. Wait a

1:49:29minute, folks. We can't hear.

1:49:32If if you're going to if you're going to

1:49:34disrupt the meeting, we'll ask you to

1:49:36leave. So, please, just be respectful

1:49:39until you have an opportunity to speak,

1:49:41which you will have shortly.

1:49:46>> Just for clarification, we're talking

1:49:47about the gas facility on our side of

1:49:49the river. We have no jurisdiction or

1:49:51say what happens in Davie County.

1:49:54>> That's accurate. Yes, sir.

1:49:55>> Okay. So, if if they build their power

1:49:57plant over there and they draw out all

1:49:59the water, we can't

1:50:01we don't have a say in that.

1:50:03>> That's accurate. Yes, sir.

1:50:04>> Okay.

1:50:07>> I'd like to let ask your engineer

1:50:08another question about the

1:50:11>> Absolutely.

1:50:14>> Have you been on the on the side at that

1:50:16where Callahan dead ends?

1:50:18>> Yes.

1:50:18>> buildings All right. The the if you go

1:50:21in

1:50:23that dirt road before you get to them

1:50:25nitrogen tanks that farmers got out

1:50:28there.

1:50:28>> Right.

1:50:29>> How far toward them tanks would the site

1:50:32be?

1:50:33>> So, there is a

1:50:34>> There's a small ridge about halfway to

1:50:36them

1:50:37to them tanks. Is all the buildings

1:50:40going to be on the other side of the

1:50:42ridge toward the river?

1:50:44>> Yeah, so that that dirt road is right

1:50:46there where Catherine's pointing.

1:50:48All the buildings for the LNG facility

1:50:50will be on the other side of that ridge.

1:50:52There is a small dirt road that comes

1:50:55off the south side kind of a little bit

1:50:57past those tanks on the south side of

1:50:59the dirt road. That would be very close

1:51:01to the proposed permanent access road to

1:51:05the ERC facility.

1:51:06>> Okay. What road you're talking about

1:51:08sort of goes down contour in that that

1:51:11swang there.

1:51:12>> Yeah, and the the URC would be kind of

1:51:13located down in that dip.

1:51:15>> In that place. Okay. So, all all the

1:51:17buildings are going to be on the other

1:51:18side of that ridge.

1:51:19>> Correct.

1:51:20>> Okay. The the lighting thing

1:51:23But don't you think we need something in

1:51:26in the conditions hardcore that the type

1:51:30of lighting that y'all want to use

1:51:33My personal opinion, I think all the

1:51:35lighting should be down shielded.

1:51:37>> Yep.

1:51:37>> Um

1:51:38me and uh Ted visited a place down in

1:51:42Orlando, Newcore, and they had a

1:51:45lighting system with all downward

1:51:47lighting. And when you were there at

1:51:49night, it was no

1:51:51air light pollution above the facility.

1:51:54It was all shining down on the building

1:51:57and the grounds. And I think

1:51:59I think the residents need something

1:52:01like that in in writing to guarantee

1:52:03there's not going to be any light

1:52:04pollution.

1:52:05>> Yep. And Piedmont's intended operation

1:52:07for those lights is not to light up the

1:52:09sky. It's to facilitate any nighttime

1:52:11maintenance operation. So, obviously, if

1:52:13you're doing nighttime maintenance, you

1:52:15don't need to light up the sky. You want

1:52:16to light up the ground and the area

1:52:18where the operations personnel are

1:52:20working. So, that that is something that

1:52:21we can comply with.

1:52:23>> Okay.

1:52:23>> May I interject?

1:52:24>> Yeah. Y'all Y'all be willing to put that

1:52:26in the conditions.

1:52:27>> Yes.

1:52:27>> Yes, sir.

1:52:28>> Okay.

1:52:28>> We would We would work on the wording. I

1:52:30will say that Piedmont is undergoing it

1:52:33Excuse me, a lighting study right now.

1:52:35It is not complete, but the purpose of

1:52:38that is to have down shielded lighting.

1:52:40To have lighting that doesn't spill onto

1:52:42adjacent properties or into the night

1:52:45sky.

1:52:45>> Okay.

1:52:46>> So, that is a study that is ongoing as

1:52:49equipment is selected as final design

1:52:52goes forward. As you know, this is

1:52:55the conditional rezoning phase.

1:52:57We can absolutely look at a condition

1:52:59here. We would also absolutely expect a

1:53:02condition on the special use permit for

1:53:04the LNG facility. So, lots of

1:53:07opportunities to address that, but the

1:53:09intent, as Justin said,

1:53:11is to minimize the light that would be

1:53:14off-site, including into the sky for the

1:53:17facility.

1:53:17>> Okay.

1:53:19I have a question

1:53:21uh

1:53:22regarding the site plan as well. The

1:53:24ERC, is there

1:53:26a specific reason it's located that

1:53:28close to the residence? I feel like that

1:53:30is probably the potentially noisiest and

1:53:32most obtrusive part of the entire

1:53:34facility.

1:53:35>> So, the the ERC is cited um somewhat

1:53:38close to the Jace Allen G facility just

1:53:41from a infrastructure standpoint. They

1:53:43need to be interconnected. The LNG will

1:53:45have a feed from the ERC location. Also,

1:53:49um you know,

1:53:50the option of citing the ERC somewhere

1:53:52else in the parcel, you know, that could

1:53:54have been considered, but one of the

1:53:56things that Piedmont was trying to do is

1:53:57minimize the overall impact on the 1,600

1:53:59acre parcel.

1:54:00>> Okay.

1:54:00>> So, by citing them closer together,

1:54:03we're able to stay down to that 300-acre

1:54:05final final footprint.

1:54:06>> Okay. Is as I was looking at it also and

1:54:10looking at topography,

1:54:13I felt it could be that this entire

1:54:16structure could be rotated around

1:54:18running

1:54:20longways almost north and south,

1:54:23thus bringing the ERC more to the center

1:54:25of the property and much farther away

1:54:26from the residence.

1:54:29>> So, you're saying

1:54:29>> a possibility?

1:54:30>> Rotating the LNG facility?

1:54:32>> Yes, rotating it almost longwise as

1:54:35running north and south.

1:54:36>> Yeah.

1:54:38So, yeah, one of the things that we've

1:54:40considered is the

1:54:41existing water and streams on the

1:54:43property. So, the the location that is

1:54:46shown was kind of chosen to be the

1:54:47minimal impact to all the assets on the

1:54:50on the property, including streams and

1:54:52wetlands. So, that is why it's cited. Um

1:54:55I'm not saying we can't, you know, look

1:54:56at other options, but the the area that

1:54:58was chosen was to be the least impactful

1:55:00on the on the parcel.

1:55:02>> Okay. So,

1:55:04I'm tracking with you.

1:55:05Christian, that was when I saw where the

1:55:07ERC was at, I was

1:55:09kind of shocked because originally I

1:55:11thought with 1,600 acres surely you guys

1:55:14can get

1:55:15a

1:55:16pretty good ways away from

1:55:18from residents. And my understanding is

1:55:21that the ERC is the noise maker, the

1:55:23biggest one. Is that true? Have I got

1:55:25that right?

1:55:26>> Um no, as far as the the noise goes, the

1:55:29noise side was performed was a

1:55:30combination of both facilities running

1:55:32at full load at the same time. And if

1:55:34you actually go back to the the noise

1:55:37mitigation slide or the noise modeling

1:55:40slide, you can see that red line is

1:55:42actually right up against the edge of

1:55:43the ERC. And that's based on the noise

1:55:45mitigation strategies that Radian has

1:55:47applied to that noise study. So, the

1:55:51uh yeah, to the LNG and the ERC. But you

1:55:53can see the red line goes right there at

1:55:55the edge of the ERC facility.

1:55:58>> And you're 55 right there.

1:56:00>> 55 right there, and that's right

1:56:01adjacent to the ERC.

1:56:02>> Uh excuse me. Keith, I'm glad you came

1:56:04up. Can you tell us Have you Do you know

1:56:06what the uh

1:56:08existing noise level is right there

1:56:09right now? Or

1:56:11>> Um

1:56:12>> current conditions, I should say.

1:56:14>> We did do studies.

1:56:16The existing noise level right now on an

1:56:19LDN basis uh excuse me, existing noise

1:56:22level right now on an LDN basis

1:56:25uh an average is about 55 LDN.

1:56:29>> And

1:56:30>> And

1:56:31>> No,

1:56:32>> If if

1:56:34If we

1:56:35This is LDN. I can't measure LDN. I have

1:56:39to make measurements to do some

1:56:40calculations.

1:56:42So, because LDN is a combination of

1:56:44level

1:56:46and the time varying

1:56:48you know,

1:56:50properties.

1:56:51If I run this thing at continuously 24

1:56:54hours,

1:56:56the LDN level is 6 dB above the measured

1:57:00level.

1:57:03So that LDN I I know it's a little bit

1:57:05complicated. So that's the reason why we

1:57:07charge by the hour.

1:57:09But

1:57:10that LDN 55 line

1:57:13if I didn't have anything else in the

1:57:15world going

1:57:17would be 48.6.

1:57:23So if if you you

1:57:25make a measurement 48.6 on that line

1:57:29the levels that we were measuring night

1:57:31time levels in August

1:57:34was 49.

1:57:36Now that's August.

1:57:38August has a lot of insect activities.

1:57:41I think that

1:57:43quieter times of the year that level

1:57:46would be down about 44 43.

1:57:50And them numbers is is with the

1:57:53ERC running. With the ERC running and

1:57:56that line goes through the ERC looks

1:57:58strange.

1:57:59>> Yeah.

1:57:59>> And I when I saw that I said this looks

1:58:01strange.

1:58:03And so I went back and check it because

1:58:05I'm I'm doing quite a bit of noise

1:58:07control in the ERC

1:58:09in order to control the noise in an

1:58:11NSA1.

1:58:12Right now

1:58:14the balance

1:58:15between the ERC let me see yes

1:58:19that that

1:58:21that in NSA1

1:58:2445 dBA. That's the measured level.

1:58:26That's what I'm giving for the measured

1:58:28level not LDN.

1:58:30For the for the LNG facility.

1:58:34And I've got 44 for the ERC.

1:58:38So that's what I mean when I when I

1:58:40start doing these balancing acts

1:58:42I have to balance this out in order to

1:58:46achieve that result over there.

1:58:49>> What component of this process is the

1:58:51noisiest component

1:58:54of the ERC, of the whole project. Oh, uh

1:58:58it's a total symphony.

1:58:59There's not one anything that stands

1:59:01out.

1:59:02What happens is when you first start,

1:59:04you might get two or three things that

1:59:05stand out. As soon as you get those,

1:59:08you're into a sea of sources.

1:59:10And in order to bring the whole thing

1:59:12down, you got to do a lot of work.

1:59:18>> Are these measurements

1:59:20you took during the summertime or

1:59:21wintertime?

1:59:22>> Uh those measurements were done in

1:59:24August.

1:59:25That was one week we did measurements in

1:59:27August.

1:59:27>> So, with leaves and everything on the

1:59:29trees.

1:59:29>> These were the ambient

1:59:31in the wintertime.

1:59:32Good question, David. Yeah, yeah. This

1:59:34was the ambient we did in August. The

1:59:37leaves were on the trees.

1:59:39Now, when I do my calculation, that

1:59:41calculation right there,

1:59:43I can have leaves on the trees or not.

1:59:47I don't put them on the trees.

1:59:49Mainly because people will come back and

1:59:52say, "What about the wintertime?"

1:59:54And I've got that taken care of.

2:00:00>> Leo, I have another question for you.

2:00:01Sorry.

2:00:02>> May I interrupt

2:00:04May I interrupt just real quick? One

2:00:05thing I wanted to point out that I think

2:00:07Justin I think

2:00:09I think you can

2:00:10Um Justin can speak to a little bit that

2:00:12I want to make sure is

2:00:15clear is Excuse me, all of the

2:00:18um facilities are

2:00:22north of Mill Creek that crosses the

2:00:24property. That's intentional.

2:00:27And

2:00:29in looking at this layout,

2:00:32and I'm putting words in Justin's mouth.

2:00:33We had this conversation earlier.

2:00:36Is it Is it fair to say that you all

2:00:38looked at a number of scenarios for the

2:00:40LNG and the ERC being cited in different

2:00:43places on the property?

2:00:44>> Yes. Um so, one of the things that Amy

2:00:47mentioned earlier um is the study for

2:00:50the tanks. There's a safety factor

2:00:52around the tanks. So citing the tanks

2:00:55specifically in the center of that

2:00:56parcel kind of allows for the largest

2:00:59safety buffer to be applied. So that's

2:01:02part of the additional reason why why

2:01:04the facility is cited where it is in

2:01:06addition to minimizing impacts of

2:01:08streams and wetlands.

2:01:10>> And that one point for the ERC as you

2:01:12looked at placing it again relative

2:01:14proximity to the LNG because it has to

2:01:16be connected. Is it correct that there

2:01:18are wetlands down in this area that the

2:01:21ERC is designed to avoid?

2:01:22>> Yes, as you approach Mill Creek there's

2:01:24several smaller tributaries that flow

2:01:26into Mill Creek and ultimately the

2:01:28Yadkin River. So

2:01:30again this property is very

2:01:33it's got very rich topography. So

2:01:35everywhere you've got a low lying area

2:01:36there's a stream or wetland of some sort

2:01:38that all feed into Mill Creek and

2:01:40subsequently into the Yadkin River. So

2:01:43minimizing impact to those was kind of

2:01:45the choice in the siting.

2:01:48>> Since you need the proximity of that to

2:01:50the LNG as close as possible, could it

2:01:52not be closer?

2:01:56>> My my cuz my other concern is also is

2:01:59it's not just a sound issue. Um

2:02:02toward the LNG facility in Huntersville

2:02:05liked a lot of what I saw. I can easily

2:02:08say that obviously the safest way to

2:02:10store any petroleum product is this

2:02:13method. Um there's no pressure.

2:02:16Um pressure is an issue. Pressure causes

2:02:20things to wear out faster than anything

2:02:22else.

2:02:23Um the ERC facility is a pressurization

2:02:27facility.

2:02:27>> Yes.

2:02:28>> I feel like this is potentially the most

2:02:30dangerous area of the entire site.

2:02:33Potentially. Again, it's all a very safe

2:02:36site and I do agree LNG is the safest

2:02:39way to store it.

2:02:40However,

2:02:42being that I do feel that might be the

2:02:44most dangerous because of pressurization

2:02:46going from also, like I said,

2:02:48you heat it up, get it back, put

2:02:50pressurization, send it back in the

2:02:52system.

2:02:54That's happening right next to

2:02:55residential.

2:02:56>> Right. Yeah, I I can let Amy speak to

2:02:58that from the operational safety of the

2:02:59facility. I think she's better equipped

2:03:01for that.

2:03:02>> Yeah, I understand the question

2:03:04completely. Um

2:03:05so pressurization of natural gas, as I

2:03:08mentioned before, we run eight of these

2:03:10energy reliability centers that compress

2:03:13and pressurize gas throughout the

2:03:15natural gas system for Piedmont. Um our

2:03:18facilities are actually relatively small

2:03:20compared to many of the the

2:03:22pressurization facilities across the

2:03:23nation. It's a very common practice

2:03:26adding pressure to a fluid or a gas to

2:03:29move it along, right? Um it's it's

2:03:32really very similar to step-up or

2:03:35step-down transformers on the electric

2:03:37line. The pumps that you use in your

2:03:39house to increase the pressure to to get

2:03:41it from your well into your pipeline,

2:03:43right? Your your water. So

2:03:45pressurization is a change in

2:03:49physics, right? We're adding pressure to

2:03:52the material, but at the end of the day,

2:03:54it's fully contained inside the

2:03:57compressor units. Those compressor units

2:03:59are inside of very specifically

2:04:02engineered design buildings. They are

2:04:05non-flammable. Uh we also have blowdown

2:04:09capability. If there's any adverse

2:04:11conditions from all the many, many

2:04:13sensors and monitors throughout the

2:04:16compression facility, the pressurization

2:04:18facility, those alert the operator. We

2:04:21also have automatic shutdowns. So we

2:04:23don't rely on operator action. We have

2:04:26automatic shutdowns, automatic

2:04:27blowdowns, um to make sure that things

2:04:30become very quickly under control and in

2:04:32a safe environment. So we do not

2:04:34continue to pressurize if we see

2:04:36anything abnormal.

2:04:37We also have cross compression. So, if

2:04:39we're doing maintenance and we're trying

2:04:41to blow things down, we don't blow down

2:04:43to the environment. Uh we actually cross

2:04:45compress back into the pipeline or back

2:04:47into the system. So, we take all of that

2:04:50into consideration. There's a lot of

2:04:52safe operating pressurization facilities

2:04:55like the ERC all in uh the Piedmont

2:04:58system. We call them the energy

2:05:00reliability centers because they are

2:05:01smaller and and different than what you

2:05:05see at the interstate supplies. So,

2:05:07these are

2:05:09relatively speaking smaller facilities.

2:05:11And this facility in particular is

2:05:13farther from the property line than any

2:05:17of our other ERCs. Our other ERCs are

2:05:20much closer to surrounding areas and we

2:05:23we do make good neighbors. Folks are

2:05:26living close by and and

2:05:28it's not an issue. So.

2:05:30>> Uh I hope that's answered the question.

2:05:31>> Christian, I I addressed that when we

2:05:33was in Huntersville.

2:05:34>> Mhm.

2:05:34>> with them. And uh

2:05:37they said

2:05:38their answer to that was

2:05:40they didn't have

2:05:42any pipes that they had to replace from

2:05:44internal wear. It was all from exterior

2:05:48rust. Was the only time they had trouble

2:05:50with replacing pipes because there was

2:05:53no moisture in the pipes. There was no

2:05:55corrosion to build up or even at high

2:05:58pressure, you know, it wasn't wearing

2:06:00like if it was running chemicals through

2:06:02it.

2:06:03That was, you know, what they expressed

2:06:05it to me.

2:06:06>> Yes, sir. That's that's an excellent

2:06:07point. Um and and I'll add to that the

2:06:11the natural gas that runs through the

2:06:12pipeline is monitored for its quality

2:06:16and making sure that it doesn't contain

2:06:18moisture. Um making sure that it remains

2:06:20a very pure process. So, that is a very

2:06:22true statement.

2:06:25>> My only concern still though is

2:06:29if something could fail

2:06:32that would be my opinion, the most

2:06:34potential of a catastrophic failure.

2:06:36Um the tanks, I understand the

2:06:39evaporation rate, um whenever if a tank

2:06:42were to start leaking out, uh things of

2:06:45that nature. But under the pressure it

2:06:46would

2:06:48it would be able to be ignited easier

2:06:50and faster at that area if there was a

2:06:51failure. And that is

2:06:54most likely for that to happen in that

2:06:56area, and I feel like it's proximity to

2:06:59residential area is a problem compared

2:07:02to the rest of the entire site. I feel

2:07:04like there should be some way to move

2:07:06that farther away from those houses.

2:07:08>> So the the first and most immediate fire

2:07:11protection for the energy reliability

2:07:13center where the pressure is applied is

2:07:15that if there is an adverse condition

2:07:17like that detected, it is immediately

2:07:20blown down and the pressure is removed.

2:07:22Once you remove the fuel source, the

2:07:25fire goes out.

2:07:26>> And and that's the plan, right? So um

2:07:29you know, it it's it is a trusted and

2:07:32reliable way to stop a fire.

2:07:36>> And Mr. Jones, at the appropriate time,

2:07:38excuse me,

2:07:39be happy to have a discussion. Maybe

2:07:41it's now, maybe it's later

2:07:43in terms of that distance.

2:07:45Um you being a land surveyor probably

2:07:48spatially get this better than many

2:07:50people, certainly than myself.

2:07:53Excuse me. There's a 200-ft no-clear

2:07:56vegetative buffer that we have proposed.

2:07:58>> Mhm.

2:07:59>> Not required that we have proposed on

2:08:01the site. Um

2:08:05we can set a condition that

2:08:07the ERC will not be closer than 300 350

2:08:11400 ft,

2:08:13you know, from the property line.

2:08:15There are true constraints and the

2:08:18everything has to be balanced

2:08:21between the wetlands. As as has been

2:08:23stated, this is is than many ERCs, but

2:08:27that's all that that means is it's

2:08:28closer than many ERCs.

2:08:30>> Right.

2:08:30>> Um as cited, it is designed to be

2:08:34protective of the public health,

2:08:35welfare, and safety of the citizens of

2:08:37Davidson County, but we would certainly

2:08:39be open to a condition.

2:08:42And while I'm also have the microphone

2:08:44before I turn it back over to you all,

2:08:46uh

2:08:47Neil and I were talking. Um be it be

2:08:50intent

2:08:52if it wasn't clear

2:08:54is to use Giles Road for the majority of

2:08:56construction once that entrance is

2:08:59constructed.

2:09:00It probably goes It's logical, but I'll

2:09:02say it.

2:09:03We need to use Callahan Road to be able

2:09:06to do the erosion control measures and

2:09:09to be construct the access off Giles

2:09:12Road and parts of the access road, but

2:09:15we absolutely would be open to

2:09:17considering a reasonable condition with

2:09:20respect to the uses of the property of

2:09:22the accesses to the property.

2:09:25>> I I would like to propose a minimum

2:09:28300-ft width and

2:09:30uh

2:09:30at least a 20-ft burn.

2:09:32>> Mr. Hayworth, I'm sorry. I cannot quite

2:09:33hear you.

2:09:34>> I would I would like to propose at least

2:09:36a 300-ft

2:09:37uh offset with that ERC and have a 20-ft

2:09:42burn built across that property line

2:09:44there just for a just for the

2:09:47neighbors there to have a

2:09:49safe feel that something is there

2:09:51protecting them from that unit.

2:09:54>> We'd be happy I I can't commit to that,

2:09:57but I believe Piedmont will commit to

2:09:58something along those lines if you'll at

2:10:00the appropriate time we'll have

2:10:02discussion and come back, but we I am

2:10:04sure have all written that down um

2:10:07including myself and hear that as a as a

2:10:09request and we will take it back and

2:10:11come back.

2:10:12>> That sound good. Do you agree, Mr. Joe?

2:10:14>> Good because you know, if you got

2:10:15something there a barrier that's the

2:10:19the citizens can see, it gives them a

2:10:21peace of mind and safety if there was

2:10:24something to happen, you know, that

2:10:27it would be a safeguard. That's

2:10:29>> A point of clear point of clarification,

2:10:32that would be inside the 200-ft

2:10:34vegetative buffer.

2:10:37>> Or inside the 300 if we were able to

2:10:39accept 300-ft.

2:10:41>> There's a There's a

2:10:43criteria right now that there's 200-ft

2:10:45of trees and wooded property that is not

2:10:48to be disturbed at the exterior The

2:10:50exterior property line, are you

2:10:51advocating that the berm go between that

2:10:53200-ft vegetative buffer and the

2:10:55facility?

2:10:56>> Yes.

2:10:57>> Yes.

2:10:57>> And the facility being 300-ft from

2:10:59>> The facility be 300-ft from the exterior

2:11:02property line.

2:11:03Closest exterior property line.

2:11:05>> Yes.

2:11:05>> Yeah.

2:11:07>> And the berm be between the wooded area

2:11:09and the building.

2:11:09>> Okay.

2:11:11>> I think is the ERC currently

2:11:15at least 300-ft.

2:11:16>> It's It's currently 300-ft by scale.

2:11:19>> Yeah, I was going to say or maybe more.

2:11:21Someone else can I couldn't scale it off

2:11:23because they were reduced drawings, but

2:11:24>> It is more than 300. I'll confirm

2:11:26exactly what

2:11:28but part of the conversation may be, you

2:11:30know, do we look at doing the 300

2:11:34Do we look at doing 300-ft vegetation

2:11:38there along that property line? Like

2:11:40increasing the vegetation. I have to

2:11:43take the concept of the berm back

2:11:46to the Piedmont folks to discuss the

2:11:48feasibility. We may come back to you

2:11:52with a kind of I hate to say I hate to

2:11:54be the lawyer that says a counter

2:11:55proposal, but something that looks at

2:11:59addressing the concern that you are

2:12:01seeking to address, which we absolutely

2:12:03hear.

2:12:04Um let us noodle on it, but I hear the

2:12:07distance from the property line to the

2:12:09ERC, the vegetative buffer, and the idea

2:12:11of a berm.

2:12:12>> It already is. It's four and it's about

2:12:14four now. I

2:12:16I'll just say I I don't want to be too

2:12:18prescriptive. That's

2:12:21from my work life.

2:12:23I've I've learned not to try to

2:12:25prescribe a whole lot, but

2:12:28um

2:12:31and and at the risk of

2:12:33offending my environmental friends who

2:12:36mostly know that I worked in the arena

2:12:37in the environmental arena. I appreciate

2:12:39the interest in

2:12:42um

2:12:43protecting the watershed and the and the

2:12:45feet water features, but we all know

2:12:47that they can be impacted and there's

2:12:49there's federal permits to do that.

2:12:52What I'm driving at is that

2:12:54if

2:12:56realigning this facility like Mr. Jones

2:12:59talked about

2:13:01impacts more of the natural resources

2:13:05um temporarily

2:13:07but helps the neighbors

2:13:10for me that's a priority.

2:13:12I just

2:13:14I'm just kind of a general statement for

2:13:16you to consider.

2:13:18Um

2:13:19and then

2:13:22um

2:13:23Duke Power and Piedmont Gas are are

2:13:26really exemplary

2:13:28uh companies in my mind. Um

2:13:31so I don't really expect the ordinary. I

2:13:33expect exemplary. That's what we hope to

2:13:36see. Um I want to you know

2:13:39I remember a builder tell me one time he

2:13:41built to the minimum he built to the

2:13:42building code. Well, that's nothing to

2:13:43brag about cuz the code is the minimum.

2:13:46You know, we want to see more than the

2:13:47minimum. So just something to think

2:13:49about.

2:13:50>> Absolutely, Chair Green. And and

2:13:53to be clear, what we have proposed does

2:13:55exceed

2:13:57almost everything in your zoning

2:13:59ordinance. Not to say that there's not

2:14:01room for improvement. But from a front

2:14:04side rear setback, from a buffer, from

2:14:08all of the the land use

2:14:10we we exceed

2:14:12what's in the zoning but there's always

2:14:14room for improvement.

2:14:15>> Yeah, and I should say our zoning

2:14:18uh ordinance could use some improvement

2:14:20in some respects, so uh

2:14:22that's why we're

2:14:22>> I'll leave that to Lee.

2:14:24>> Yeah.

2:14:25Yeah. But that's So we're eyeing this

2:14:27whole project to me is the location of

2:14:30that next to that property line.

2:14:32>> I understand.

2:14:33>> Yeah.

2:14:34>> I have a question.

2:14:35>> Um go ahead.

2:14:36>> And Andrew, this might be better for

2:14:37you.

2:14:40>> Going back to the sound, let's let's say

2:14:43let's say scorched earth, they botched

2:14:45it,

2:14:46and it's loud.

2:14:48And and to quote the guy from Christmas

2:14:50Vacation, it's like a dump truck driving

2:14:51through a nitroglycerin plant plant for

2:14:53the for the neighbors.

2:14:55What's the remedy

2:14:57after the fact, after it's built, after

2:14:58it's in operation,

2:15:00and it's

2:15:02and its sound is just not what it was

2:15:04cracked up to be. It's it's too loud.

2:15:06What What can the county do at that

2:15:08point

2:15:10to

2:15:11force a better

2:15:13>> quality

2:15:13>> environment?

2:15:15>> Well, it would be considered a violation

2:15:18of the ordinance under the violation and

2:15:19penalty section.

2:15:21>> Okay.

2:15:21>> Uh first, obviously, process would be to

2:15:24to

2:15:26communicate with the applicant and let

2:15:27them know that they are in violation of

2:15:30the condition on the conditional zoning

2:15:33permit, and then we would give them

2:15:35opportunity to reasonable opportunity to

2:15:38correct it.

2:15:39And then um you could you can add a

2:15:42you could potentially add a condition

2:15:45not dissimilar to what we what we did um

2:15:48with the data center stuff about upon

2:15:51legitimate

2:15:52uh complaint and verification of a

2:15:55potential sound issue

2:15:57uh that the of course

2:16:00the applicant has to agree to this at

2:16:02this stage under the special use permit,

2:16:05you can impose reasonable conditions

2:16:07that they don't have to agree to. So, if

2:16:09this is successful, goes to the

2:16:11commissioners, they rezone it, these

2:16:13folks still have to come back through a

2:16:15special use permit process for the LNG

2:16:18storage facility only. The ERC is a use

2:16:22by right at that point.

2:16:24And you can impose reasonable conditions

2:16:27that are pertinent to the project for

2:16:29the

2:16:30public health, safety, and general

2:16:31welfare.

2:16:32So, if they're agreeable to condition

2:16:35upon

2:16:36reasonable

2:16:38complaint verified

2:16:40by staff that decibel levels are too

2:16:43high, then we can, you know, task them

2:16:46with with doing a sound study to correct

2:16:48it.

2:16:49>> And that's exactly where I was going

2:16:51with it having just gone through the

2:16:52data center

2:16:54discussion.

2:16:55>> And Mr. Maness, what I would say is

2:16:57we've proposed the condition that we

2:16:59would have to do the post-construction

2:17:01during operations

2:17:03survey.

2:17:04That would show you whether or not we

2:17:06complied. And if we don't, then we have

2:17:10to take the steps to comply. Bury the

2:17:13pipe, wrap the pipe. These people are

2:17:15really nervous that their lawyer's doing

2:17:17engineering right now.

2:17:19Bury the pipe, wrap the pipe, thicken

2:17:21the walls, all the things that Reggie

2:17:24has talked about, some of which are

2:17:26accounted for in the current design to

2:17:30meet the protective criteria 55

2:17:33LLDN 55 DBA.

2:17:36Um

2:17:37if it doesn't

2:17:39meet that upon operations,

2:17:42the course

2:17:43the option is to make it to keep

2:17:45operating.

2:17:47>> Now,

2:17:48you satisfied with it?

2:17:50>> Yeah. I mean, yeah.

2:17:52>> Okay.

2:17:53I grew up side of a cement plant, so I

2:17:55know what noise is.

2:17:56>> I knew that about you.

2:17:57>> Um so, I'm I'm I'm a little

2:18:00I'm hesitant when it when it comes to

2:18:02that, so.

2:18:03>> Understandable.

2:18:05Very fair questions.

2:18:08I think Piedmont would say as as Amy

2:18:10said, very

2:18:11very fair questions.

2:18:12>> Very good.

2:18:14One in regard to the construction

2:18:17process and uh

2:18:21the uh quality of life along Callahan

2:18:23Hill Road, that's

2:18:25it I I am a little concerned about that.

2:18:28Is there any way that we can put some

2:18:30type of condition that during the

2:18:32construction process

2:18:37Okay, yes, the arrival of

2:18:41certain earthworks

2:18:44uh machinery

2:18:46is not that obtrusive. Uh you're coming

2:18:48on site, that place is also large

2:18:50enough. There will no there would not be

2:18:53any need for

2:18:55offloading right there on Callahan Hill.

2:18:57I can see that. There's not an issue

2:18:59there. Um but

2:19:02at any point of large equipment

2:19:05that is oversized loads that required

2:19:09extensive permits and things like that,

2:19:11I

2:19:12I would like to make sure that none of

2:19:13that's ever coming down Callahan Hill

2:19:15Road. I feel like that is

2:19:19too large and by that time also I would

2:19:22think that the construction entrance

2:19:24should be designed and built coming off

2:19:26of Giles Road to facilitate bringing in

2:19:29the larger

2:19:31you know

2:19:32equipment and uh you know, permanent

2:19:35features that are going to be built

2:19:36there.

2:19:37>> And Mr. Jones, what I would

2:19:39again, I need to take this back to to

2:19:41Piedmont. We haven't had the chance to

2:19:42talk about this, but I we do appreciate

2:19:45the dialogue. We did talk about that we

2:19:46hoped we would end up in this type of

2:19:48dialogue.

2:19:50Is it is a traffic plan

2:19:52that's

2:19:54approved by staff, you know, that's

2:19:56developed prior to construction that

2:19:58addresses that. That addresses what type

2:20:01of equipment, at what stage in

2:20:04construction, during what process.

2:20:06So that there's a clear plan.

2:20:08And everyone knows what the clear plan

2:20:10is. The people Oh, sorry.

2:20:12The people on Callahan Hill Road,

2:20:15this board, the Board of Commissioners,

2:20:17the planning staff, the contractor

2:20:20that's going to construct this these

2:20:22facilities,

2:20:23we already do a traffic plan. We already

2:20:25do a traffic management plan. There will

2:20:28be coordination with South Carolina

2:20:30Sorry. North Carolina Department of

2:20:31Transportation,

2:20:33right? And

2:20:35there may be some overweight permits.

2:20:37There may be some roadway infrastructure

2:20:39improvements. That is all coordinated.

2:20:42But we absolutely can

2:20:45agree to a condition to have a plan. I

2:20:48don't know that we can tell you what the

2:20:50plan is today because there's variables.

2:20:53Um

2:20:54but with that, I'll let Neil speak since

2:20:57he stepped up.

2:20:58>> Well, I I I stepped up, but then you you

2:21:00spoke you spoke to it. Yes.

2:21:02Uh

2:21:03obviously coordination with NCDOT on any

2:21:05heavy haul permits, uh daylight hours.

2:21:08Um if there's specific coordination that

2:21:09needs to be made with the residents,

2:21:11we'll do our best to do so. If there's

2:21:12particular events or activities that

2:21:15that we know of, we'll do our best to

2:21:16coordinate around that. Um but the DOT

2:21:19permit is is Catherine noted is is going

2:21:21to be

2:21:22uh key in up front, and and that will be

2:21:24specific once we get into the equipment

2:21:26itself and and what is needed,

2:21:29uh necessary by DOT. But to your point,

2:21:32um I can't imagine where we would need

2:21:35to offload on Callahan Hill Road. I

2:21:36mean,

2:21:37go go to property to offload, for sure.

2:21:40>> Uh

2:21:41with with that road,

2:21:43you said it's going to take 5 to 6 years

2:21:45in construction.

2:21:47>> Yes.

2:21:48>> With all that heavy equipment, that

2:21:49traffic, no matter what that road is, I

2:21:52know it's going to be

2:21:54destroyed. Is that going to be something

2:21:56DOT is going to keep up, or will y'all

2:21:59be the ones that will be liable for

2:22:00keeping and improving the road over the

2:22:02years?

2:22:03>> We would probably actively on a project

2:22:04like this coordinate with DOT up front

2:22:06and have them do a before survey and

2:22:08then coordinate with them on an after

2:22:09survey.

2:22:10>> Okay.

2:22:11>> Um

2:22:12We'll work with them to establish what

2:22:13they feel is adequate, you know, after

2:22:16whatever that may be.

2:22:17>> Well, I just don't want, you know, the

2:22:19project be done and

2:22:21that road be destroyed and you know, the

2:22:23citizens have no way to

2:22:25take care of it.

2:22:27>> Neil, is it fair to say that Piedmont's

2:22:28commitment is the road will be in equal

2:22:30to or better condition after

2:22:31construction?

2:22:32>> Correct. Yes, I can.

2:22:33>> That's their standard.

2:22:33>> Okay. And I

2:22:35>> If it's equal to or better, and I think

2:22:36we probably all recognize that there

2:22:38might be parts of Callahan Road that

2:22:40will ultimately be better.

2:22:41>> Right.

2:22:42>> In terms of the state of the road,

2:22:45um that would be coordinated with with

2:22:48DOT.

2:22:48>> DOT, okay.

2:22:49>> Um but also with the county,

2:22:52um in terms of, you know,

2:22:54coordination and consultation.

2:22:57You can't give us permission to do

2:22:59something on certain roads and you have

2:23:01to go through through DOT, but we would

2:23:03absolutely want

2:23:05the county to be part of the

2:23:07consultation and the coordination

2:23:10and would be happy

2:23:12for that to be baked into

2:23:15>> Would there be Would there be certain

2:23:17hours y'all would be taking equipment in

2:23:19and out?

2:23:21>> At daylight.

2:23:24>> Okay.

2:23:25>> Daylight hours.

2:23:26>> Okay.

2:23:29I just didn't want y'all coming in at

2:23:316:00, 7:00 in the morning and then

2:23:33leaving out at

2:23:359:00, you know,

2:23:37be a decent hour so you're protecting

2:23:39the citizens on Callahan Road.

2:23:41>> That's common common occurrence.

2:23:43We would work during daylight hours.

2:23:44>> Okay.

2:23:45>> Well, when you talk about 5 to 6 years

2:23:48of construction in terms of heavy

2:23:50equipment and earth moving equipment,

2:23:52your grading work's going to be done

2:23:53probably within a year or or so, is it

2:23:55not?

2:23:56>> Yeah, once we once we get permits and

2:23:57get the plan for exactly what needs to

2:23:59be done on site, initial surveys,

2:24:01layouts of that nature, the earthwork

2:24:03will occur very quick, very early in the

2:24:05process.

2:24:06>> Right. That's kind of what I thought. I

2:24:08realize you're going to have concrete

2:24:09trucks and things of that nature

2:24:11once you got working

2:24:13stuff and then sitting equipment and

2:24:15pipe and things like that.

2:24:17>> Correct. Okay.

2:24:19>> All right.

2:24:20Um

2:24:22Board, is there anything we'll we're

2:24:25going to

2:24:26probably take a break here in a minute,

2:24:27but we we want you folks to have

2:24:30some stuff to chew on just like we do

2:24:32and

2:24:34when we are hearing from the public

2:24:37Board, is there anything else that you

2:24:39want to share with your thoughts with

2:24:42the applicant right now?

2:24:45You good?

2:24:46Okay.

2:24:48We uh

2:24:50we would like to uh

2:24:52take a little recess, maybe 15 minutes

2:24:55and then when we when we come back

2:24:58when we come back, we will hear from the

2:25:00uh public

2:25:03at that time. Thank you.

2:25:29>> We are.

2:25:50>> Okay, folks. We are about to get

2:25:52started.

2:25:54To reconvene.

2:25:58As soon as I get the

2:26:05Thank you.

2:26:09Okay.

2:26:13We are back in order.

2:26:17And

2:26:18just just say uh

2:26:20couple of

2:26:21comments. Could I have your attention,

2:26:23please?

2:26:26Folks, um

2:26:28uh we'll all lean into the microphones.

2:26:31We

2:26:31We need to try to do that more, I guess,

2:26:33but um I know it can be difficult to

2:26:35hear, and it's especially difficult

2:26:38when there's another conversation, no

2:26:40matter how low it is. There's a little

2:26:42rumble, and it it affects others'

2:26:45ability to hear, especially if they're

2:26:47close by.

2:26:49So, I I just want to ask you to please

2:26:51be

2:26:52considerate

2:26:54and um respectful of whoever's speaking.

2:26:59Also, um

2:27:01this is not the time to make personal

2:27:03attacks or grievances about

2:27:06any particular person. We would like to

2:27:08keep this

2:27:10conversation and comments on point

2:27:14and on this

2:27:15uh matter before us.

2:27:18Um

2:27:20This

2:27:22I guess I want to invoke the golden

2:27:23rule. Let's do unto others as we would

2:27:25have them do unto to us.

2:27:28And just um

2:27:30I think it will help any

2:27:32point that someone wants to make if it's

2:27:34done in a respectful and courteous way.

2:27:38Um

2:27:40by

2:27:42looking at the number of speakers that

2:27:44we have, I don't think it would

2:27:46be a surprise to you that we will need

2:27:49to limit uh time for each speaker to 3

2:27:53minutes.

2:27:54And so um

2:27:56our clerk, Leanne, will be keeping the

2:27:59time and if she

2:28:01announces that the time is up, I just

2:28:03ask you to wrap up your comments and uh

2:28:06allow the next speaker to come up. Um

2:28:10based on the number of speakers that we

2:28:11have,

2:28:13we're going to be here a while, so uh

2:28:16I will call you up there um

2:28:19by name and just come forward and um

2:28:23and let me let me just also say this,

2:28:26you're addressing the board.

2:28:28This is not a question-and-answer time

2:28:31for the applicant.

2:28:33Your comments need to be directed at us.

2:28:36Uh we will hear you.

2:28:39We're typically not

2:28:42responding to comments because

2:28:45in order for a board to respond, we need

2:28:48to collaborate.

2:28:49I can say something, but I'm very

2:28:52reluctant to speak for the board on

2:28:54certain things. So, just understand, we

2:28:56want to hear you. We're interested in

2:28:58what you have to say,

2:29:00and we'll give it the consideration it's

2:29:02due.

2:29:03But, we're not going to do a

2:29:05back-and-forth, okay? That's

2:29:08uh it's happened,

2:29:10but but we're not going to do that

2:29:12tonight, okay?

2:29:14All right.

2:29:17Melinda Zarate?

2:29:19>> She had to leave. She was ill.

2:29:21>> Okay. Let's hope she gets better.

2:29:24Polly Leonard?

2:29:35>> Wow, that was a very riveting

2:29:37presentation.

2:29:41I also found it comical that you said

2:29:43the golden rule, do unto others as you

2:29:45would have them do unto you. So, how

2:29:47about we vote to put it in your

2:29:48backyard?

2:29:50Fair's fair, okay?

2:29:53Uh attorney general has come out and

2:29:55asked that the Duke

2:29:57needs to be slowed down, but I guess

2:29:59we're going to forego that. We're just

2:30:01going to blaze

2:30:02a trail ahead.

2:30:06Um

2:30:09You know, once we take all of our

2:30:10farmland away, where are we going to get

2:30:12food?

2:30:13You only got so much land, we've only

2:30:15got so much farm, and the more you keep

2:30:17pouring out to big business,

2:30:20the less we have.

2:30:22And once it's gone, it's gone, just like

2:30:24with our water. Once it's gone, it's

2:30:25gone. But I guess because we are trading

2:30:28it out, diligence of resources for the

2:30:31almighty dollar, it doesn't really

2:30:32matter, now does it?

2:30:34But I I am I'm thankful that Ms. Ross

2:30:37made the comment and on record

2:30:40that they will not adversely affect our

2:30:43health, so that way we know who to sue.

2:30:45Because there's plenty of lawsuits

2:30:47that's been done against Duke um

2:30:50for adverse health effects.

2:30:52And as someone who works in health care

2:30:54and has for 30 years, third-party expert

2:30:57experts are comical at best.

2:31:00Uh I don't I don't pay attention to

2:31:02that, and neither should you, because it

2:31:05this reminds me of COVID.

2:31:07Big dog and pony show. Lots of experts

2:31:10got up and talked about a whole bunch of

2:31:11lies,

2:31:12and forced a bunch of stuff down

2:31:14people's throats, and everybody played

2:31:16suit and played party to it.

2:31:19And then we're the ones that suffer.

2:31:21All at our expense.

2:31:23We talk about emergency response,

2:31:25and yet we have very limited response.

2:31:30Do y'all always sit and look down and

2:31:32read when people talk to you?

2:31:34That's bizarre.

2:31:35>> I'm making some notes, Ms. I'm listening

2:31:37to you, but I'm making some notes.

2:31:40>> We have very limited resources for

2:31:42emergency response, but we we made it

2:31:45out like, you know, everybody's on

2:31:46board, but we don't really have that

2:31:47many. We're already suffering as it is.

2:31:50It was not actually in the presentation

2:31:52about the transmission lines and where

2:31:54they're going to be placed through

2:31:55people's properties. That was

2:31:56conveniently left out.

2:31:59All of these people that are surrounded

2:32:01this position of this project,

2:32:04they don't want it there.

2:32:07We live here.

2:32:09Most of these do not, although I know

2:32:11Chris does cuz we went to high school

2:32:13together. We go way back a long ways.

2:32:15Most of these people will not be

2:32:17affected by this.

2:32:19So, why are you letting them impact us

2:32:21for an almighty dollar?

2:32:23Cuz at the end of the day, we don't want

2:32:25it. You might want it.

2:32:28Put it in your damn backyard. We don't

2:32:29want it.

2:32:39>> Don Hash.

2:32:45>> Thank you for allowing me to speak. And

2:32:48by the way, this is so important they

2:32:49brought out the big guns from all Texas.

2:32:52Woo, everything's big in Texas. West

2:32:54Virginia, there's my boys. But, I want

2:32:57you to know I am very familiar with

2:32:58chemical plants. I lived in the chemical

2:33:00valley of West Virginia. I've seen

2:33:03natural

2:33:04natural gas explosions take out a whole

2:33:07grocery store with people in it.

2:33:10Subsequently, I am here because I did

2:33:13not hear

2:33:15uh particular things I am concerned

2:33:17about. Homeowner policies will go up

2:33:20because of this. trust me. Insurance

2:33:22will notify them because of that.

2:33:25They'll say they're not, but they will.

2:33:27The sale and value of the property

2:33:29around it.

2:33:30You have now hurt the property values of

2:33:33your local citizens if you allow this to

2:33:35happen. Subsequently, I object to Chris

2:33:38and by the way, full disclosure,

2:33:39apparently he went to school with my

2:33:40children and I've apparently went to

2:33:43church with him, but I don't know

2:33:44anything else. It's been a lot of years.

2:33:47All right, so hazmat. I have not heard

2:33:49anything about hazmat, what kind of

2:33:51chemicals it will be on board there,

2:33:53special handling, any caution. I have

2:33:55not heard about any plans regarding

2:33:57terrorist terrorist attack on the

2:33:59proposed facility, how it can affect

2:34:02human life,

2:34:03property. Please provide all copy copies

2:34:06of that regarding terrorist attacks for

2:34:09the public to read and I have not heard

2:34:11about any special training for firemen,

2:34:14first responders. Who's financially

2:34:15going to pay for that? What kind of

2:34:17special training will they have? The

2:34:19number of increased manpower for that

2:34:21training that will be on on call 24

2:34:23hours a day, by the way, at the expense

2:34:25of maybe the residents and their house

2:34:26burns down while they're fighting this

2:34:27over here. Any exposure can any can

2:34:31anything potentially cause or expose

2:34:34harm or death to the humans, the water,

2:34:36the land? Please list all Please list

2:34:39chemicals that will be housed there, any

2:34:41anything that can cause an explosion and

2:34:44I want to just remind you all. I'm old

2:34:46enough to remember Three Mile

2:34:48Island. That was nuclear, I understand,

2:34:51but I know the volatile of this gas

2:34:54line.

2:34:55If it's controlled, it's okay. We're not

2:34:57going to worry about it, but if it does,

2:34:59who's going to go and be the first

2:35:00responder first?

2:35:02Right?

2:35:03It could demolish a house close by.

2:35:07It No, if Chris wants it in his his

2:35:09location, I want you to vote send it

2:35:11over there cuz he clearly stated he he

2:35:14wouldn't have a problem with put over

2:35:15there. We don't want it here.

2:35:17We're looking at you straight in the eye

2:35:19and we're saying we don't want it.

2:35:21And and by the way, I need some

2:35:23terrorist situation for them to address

2:35:26regarding this facility. Nothing is

2:35:29absolute and I didn't hear anything

2:35:30absolute. So, we can't operate on it's

2:35:33absolutely safe.

2:35:35We don't know that. They cannot testify

2:35:37to that.

2:35:39I don't care if they're an attorney,

2:35:40they're a dime a dozen.

2:35:42I don't care if they're specialist from

2:35:44West Virginia. By the way, they're

2:35:45really nice. Thank you, man, for giving

2:35:46me your your address and stuff and your

2:35:48emails.

2:35:49I want you know that I'm concerned

2:35:52because I am a resident. And some people

2:35:55can't speak up for themselves. So, let's

2:35:57let's just push back a LITTLE BIT,

2:35:58GENTLEMEN.

2:36:06>> PHIL RAWLS.

2:36:14GOOD EVENING.

2:36:15>> THANK Thank you for allowing me to

2:36:16speak.

2:36:17My name is Phil Rawls. My wife Ann and I

2:36:21live at 252 Hunters Point. This is less

2:36:25than a quarter of a mile from Callahan

2:36:28Hill Road

2:36:29and less than a mile from the Duke

2:36:31Energy property

2:36:33and it's and we're in rural agricultural

2:36:35territory.

2:36:37We purchased our land in 1979

2:36:41and constructed our house

2:36:43and the construction of our house was

2:36:45begun shortly thereafter.

2:36:47We chose the site for the natural beauty

2:36:49of the heavily wooded land and the rural

2:36:53environment.

2:36:54After many working trips abroad visiting

2:36:57mega cities, it was a blessing

2:37:01to always come home to the peace and

2:37:03quiet of rural Davidson County.

2:37:07We raised our three daughters here. All

2:37:09three developed a love of nature during

2:37:12our walks to the river and paddling

2:37:14trips on the Yadkin River.

2:37:16It is not unusual on my nighttime walks

2:37:20to be able to see the Milky Way on dark

2:37:23clear nights, and I understand that they

2:37:25would point the lights down

2:37:27uh after this issue was brought up, but

2:37:30it's still going to radiate uh into the

2:37:33atmosphere.

2:37:35This uh this

2:37:38This will not be possible when the

2:37:39security lights of Duke Energy

2:37:42uh

2:37:43illuminate the sky. Construction of the

2:37:46pro project will involve hundreds

2:37:50of daily construction vehicles

2:37:53on Callahan Hill and Harrison roads.

2:37:56Harrison roads.

2:37:58These vehicles will transport massive

2:38:00equipment in addition to construction

2:38:03workers. This will go on for years.

2:38:06These sites in Davidson County are

2:38:08accessed by narrow rural roads

2:38:12traveled by school buses, tractors, and

2:38:16residents during their normal routines.

2:38:19There are many unanswered questions

2:38:21about the impact on the quality of life

2:38:24on the residents of western Davidson

2:38:26County. The safety issues having three

2:38:30LNG

2:38:32storage tanks that are each 200 ft tall

2:38:36and 300 ft in diameter.

2:38:39Uh

2:38:41that the effect on the air quality for

2:38:43all of Davidson County with the other

2:38:45facility

2:38:47uh in Davids David uh

2:38:49uh

2:38:51uh across the river

2:38:53well, the the air currents will bring it

2:38:55right over all of Davidson County. It It

2:38:57won't just affect us locally. It'll

2:39:00affect It'll affect all of Davidson

2:39:02County.

2:39:03Uh the traffic and infrastructure issues

2:39:06and the effects on the wild and scenic

2:39:09uh Yadkin River are extreme.

2:39:13Resoning this property is incompatible

2:39:16with the county's existing land use

2:39:18plan, including policies found in the

2:39:21land use plan for protecting water

2:39:23quality, preserving farmland,

2:39:27forest, and open space, and promoting

2:39:30industrial and economic development.

2:39:33>> Thank you, Mr. Rawls. It's You 3 minutes

2:39:36is up.

2:39:37>> On behalf of my community and all of

2:39:39Davidson County, I ask that you

2:39:41recommend a full denial of this rezoning

2:39:44request. Thank you for your attention.

2:39:49>> I would like to document

2:39:52the petition. These names are people in

2:39:56Davidson, Davie, surrounding counties

2:39:59that oppose Davie and Davidson project.

2:40:03And for the record,

2:40:04may I present this?

2:40:06>> Can I Can I get your name, ma'am?

2:40:07>> Uh Ann Rawls.

2:40:09>> Okay. Thank you, Ms. Rawls.

2:40:11You hand that to the chairman. Thank

2:40:13you, Ms. Rawls.

2:40:19Okay. Next

2:40:21person on the list is

2:40:24Janine Spur

2:40:27Sperduto.

2:40:27>> I'll get it. Sperduto.

2:40:29Sperduto. Did I get that right?

2:40:31>> You got it.

2:40:32Thank you so much.

2:40:35Uh

2:40:36I'm asking you to do something that

2:40:37should not be very controversial.

2:40:39Follow Davidson County's own land

2:40:41development plan.

2:40:43Not Duke's, not Piedmont's, but

2:40:46Davidson's.

2:40:47Your own adopted policies raise serious

2:40:50conflicts with this request to rezone

2:40:52more than 1,600 acres for heavy

2:40:54industrial development. Policy 7.1

2:40:58favors farming and recreation near

2:40:59waterways over intensive development.

2:41:02Yet you're considering massive

2:41:04industrial infrastructure near the

2:41:05Yadkin River.

2:41:07Policies 14.7, 14.10,

2:41:11and 14.11

2:41:12emphasize protecting water quality,

2:41:15particularly the Yadkin River, and

2:41:17discouraging potentially harmful

2:41:18development near water supply systems.

2:41:22Where are the completed independent

2:41:23environmental studies provide proving

2:41:25the development is compatible with those

2:41:27protections?

2:41:294.2

2:41:31and 4.4 address protecting neighboring

2:41:34non-industrial properties and separating

2:41:37incompatible industrial uses.

2:41:41How does placing a massive industrial

2:41:43complex among rural homes and farmlands

2:41:46accomplish that?

2:41:4810.7 supports preserving productive

2:41:51agricultural and rural land. How does

2:41:53converting more than 1,600 acres to

2:41:56heavy industrial preserve anything?

2:41:59These are not policies invented by

2:42:01concerned citizens. These are policies

2:42:03Davidson County adopted. So, I ask every

2:42:07member of this board,

2:42:08if you're willing to disregard these

2:42:10policies for two multi-billion dollar

2:42:13corporations, what exactly is the

2:42:16purpose of having a land development

2:42:18plan?

2:42:19Is it a meaningful guide to responsible

2:42:21growth or just a document you reference

2:42:23when it's convenient? And why are we

2:42:25considering rezoning more than 1,600

2:42:28acres when the applicant describes the

2:42:29development only approximately 500? What

2:42:33happens to the remaining acreage? What

2:42:35enforceable protections will prevent

2:42:37additional industrial expansion?

2:42:39These are questions that deserve answers

2:42:41before approval, not afterward.

2:42:44Your responsibility is not to

2:42:46accommodate Duke Energy's development

2:42:47schedule. Your responsibility is to

2:42:49determine whether the proposal is

2:42:51consistent with Davidson County's

2:42:53adopted policies that serve public

2:42:56interest.

2:42:57The burden of demonstrating that belongs

2:42:59to the applicant, not the citizen. You

2:43:01have a choice, uphold the planning

2:43:03principles this county adopted, or

2:43:05recommend a rezoning that calls into

2:43:07question whether those principles mean

2:43:09anything at all. I'm asking this board

2:43:12to recommend denial of this rezoning

2:43:14application. Not approval based on

2:43:17promises, not approval with unanswered

2:43:19questions, denial. Because Davidson

2:43:22County's future should be determined by

2:43:24responsible planning, not corporate

2:43:26ambition.

2:43:28Lastly, I'd like to

2:43:30advise the board Duke Energy's own CEO

2:43:34on May 5th, 2026, in an earnings call to

2:43:38investors stated

2:43:39>> 4 minutes, Ms. Padilla.

2:43:40>> If you'll just let me finish this

2:43:42statement, please.

2:43:44The massive methane build-out that they

2:43:47are proposing here

2:43:49that energy, 85% of it is going to data

2:43:52centers. He said it himself on an

2:43:54earnings call. I have proof, it's in

2:43:56writing. You can hear it. Keep that in

2:43:59mind when you plan to rezone this land.

2:44:0285% to data centers.

2:44:12>> Jessica Brophy

2:44:22>> Thank you. I'm Jessica Brophy. I live in

2:44:24the Linwood area, a little further south

2:44:26on the Yadkin River.

2:44:28Um members of the planning board, after

2:44:30reviewing the rezoning application

2:44:31submitted by Piedmont Natural Gas and

2:44:33Duke Energy, we have questions. How can

2:44:36this board responsibly recommend

2:44:37rezoning more than 1,600 acres when the

2:44:40scientific evidence needed to evaluate

2:44:42this project has not been provided.

2:44:44Throughout this application, we

2:44:46see references to the environmental

2:44:48testing, impact assessments, and safety

2:44:51studies. Some are described as ongoing,

2:44:54others as completed. But the underlying

2:44:57reports have not been included in the

2:44:59application materials we reviewed. Where

2:45:02are the findings? Where is the

2:45:03independent verification? And how can

2:45:06you evaluate conclusions without seeing

2:45:08the evidence supporting them?

2:45:10We are talking about major industrial

2:45:12development near the Yadkin River,

2:45:15including a liquefied natural gas

2:45:17facility. We have not been presented

2:45:19with a comprehensive studies

2:45:21establishing the potential impacts on

2:45:23water quality, groundwater, air quality,

2:45:26wildlife, or surrounding properties. We

2:45:28have not seen the complete assessment

2:45:30demonstrating that Davidson County

2:45:31emergency services have the training,

2:45:34equipment, staffing, and resources

2:45:36necessary to respond to a major

2:45:38industrial incident. These are not minor

2:45:41details to be worked out later. These

2:45:43are fundamental considerations that

2:45:45should determine whether this property

2:45:47is appropriate for heavy industrial

2:45:48zoning in the first place. Davidson

2:45:51County's own land development plan

2:45:52emphasizes protecting waterways,

2:45:54preserving agricultural land, and

2:45:56separation of incompatible industrial

2:45:59uses. How can this board determine

2:46:02whether this application is consistent

2:46:04with those policies without the

2:46:05environment evidence necessary to make

2:46:08that determination? And please, don't

2:46:10suggest that these questions can simply

2:46:13be answered during future permitting.

2:46:15Rezoning comes first. Once approved, the

2:46:18county has already made

2:46:22>> Sorry.

2:46:27>> You cannot make these decisions based on

2:46:29what an application promises to

2:46:31discriminate

2:46:32demonstrate someday. If an ordinary

2:46:34citizen submitted an application with

2:46:36this many unanswered questions, would

2:46:38you recommend approval? Or would you

2:46:40demand the supporting documentation? Why

2:46:43should a multi-million dollar

2:46:44corporation be held to anything less

2:46:46than the highest standard of scrutiny.

2:46:49This board has responsibility to the

2:46:51citizens of Davidson County not to

2:46:53financial interest or the development

2:46:55schedules of Duke Energy and Piedmont

2:46:57Natural Gas. Your recommendations should

2:46:59be based on documented facts, not

2:47:01corporate assurances. We want to ask

2:47:04each board member directly what complete

2:47:06environmental studies have you

2:47:08personally reviewed that justify

2:47:10recommending this rezoning?

2:47:12If you cannot identify those studies,

2:47:14how can you possibly conclude that

2:47:16project is compatible with our

2:47:17community?

2:47:19The absence of evidence is not evidence

2:47:21of safety. The burden of demonstrating

2:47:23that this development is appropriate

2:47:24belongs to the applicant. It should

2:47:27never fall on residents to prove that an

2:47:29inadequate document might project might

2:47:32harm them.

2:47:33>> 3 minutes, Mr. Rob.

2:47:35>> We're asking the board to recommend

2:47:36denial of this rezoning application as

2:47:38submitted. Thank you and you'll have a

2:47:39great evening.

2:47:46>> Barry Sink.

2:47:55My name is Barry Sink. I live on Rail

2:47:57Road in Davidson County. And gentlemen,

2:47:59thank you for the opportunity and thank

2:48:00you for the work that you do.

2:48:02I'm here tonight to recommend denial of

2:48:06this zoning application. As a planning

2:48:09board, North Carolina law

2:48:12mandates

2:48:13that you evaluate whether a zoning

2:48:16change protects the health, safety, and

2:48:19general welfare of the public.

2:48:22Introducing a massive fuel fossil fuel

2:48:25complex to this rural area fails this

2:48:28test entirely. And I'm so glad our folks

2:48:30from Duke have introduced that modeling

2:48:32the the emissions modeling. This project

2:48:36represents an immediate and permanent

2:48:38threat to the The air our community

2:48:41breathes, most importantly, the air

2:48:45breathed by our children.

2:48:47The proposed enhanced liquefied natural

2:48:50gas facility and the connected gas

2:48:52plants will release an immense volume of

2:48:55dangerous air pollutants every single

2:48:57day.

2:48:59Right now, the county's air quality

2:49:00monitors sit just barely below federal

2:49:03limits.

2:49:04Dropping this heavy industrial facility

2:49:06here will push Davidson County into

2:49:08violation.

2:49:10But this isn't about federal limits.

2:49:13It's about human lives.

2:49:15The prevailing winds of the Yadkin River

2:49:18will carry the toxic footprint directly

2:49:20downwind into residential communities.

2:49:23The pollution will settle across the

2:49:25historic communities of Petersville,

2:49:28Yadkin College, and down through

2:49:30neighborhoods of Churchland, Reeds, and

2:49:32Tyro, including five schools.

2:49:36And who will bear the heaviest burden of

2:49:38this toxic air?

2:49:39Our children.

2:49:41Duke's targeted site sits about 1 mile

2:49:44from West Davidson High School. Think

2:49:46about what that means.

2:49:48It means our kids playing sports on the

2:49:50outdoor fields, athletes practicing

2:49:52during summer hours, and students

2:49:54waiting on bus stops will be forced to

2:49:56inhale these elevated emissions.

2:50:00Medical science has proven that

2:50:02children's developing lungs absorb more

2:50:05toxins,

2:50:07directly triggering severe asthma and

2:50:10causing

2:50:15Our land development plan is legally

2:50:17sworn to protect rural neighborhoods

2:50:19from heavy atmospheric pollution.

2:50:22You're being asked to waive that

2:50:24protection

2:50:26to power out-of-state data centers while

2:50:29local children pay the price with their

2:50:31health.

2:50:33Do not allow the a massive industrial

2:50:36polluter next to our homes and next to

2:50:38our schools. Please protect our air,

2:50:41protect our county, and most of all,

2:50:44protect our children. We We recommend a

2:50:47denial of this rezoning. Thank you.

2:50:59>> Um

2:51:00Gary.

2:51:12>> How you guys doing tonight?

2:51:13>> Good.

2:51:15>> Why is it so hard to protect our

2:51:17environment? Why must we destroy

2:51:19something before we appreciate it?

2:51:22Why must everything be monetized? Some

2:51:24things are priceless.

2:51:27Things like our rivers, lakes,

2:51:29mountains, trees, and oceans.

2:51:32I had a few questions come up while I

2:51:33was listening to all these great people

2:51:35speak about, you know, the project and

2:51:37stuff, and I wondered, how far is the

2:51:39nearest fire station from this project?

2:51:42It doesn't matter because they're not

2:51:43prepared anyway for it.

2:51:44How will the site be protected from

2:51:46vandalism or terrorism? Who knows? Will

2:51:48they build a wall, a fence, or berm? I

2:51:50don't know.

2:51:52Um they brought a bunch of paid shills

2:51:53here tonight, which very eloquently told

2:51:56us they don't have all the answers, but

2:51:58we should do it anyway.

2:52:00Uh most corporations are not

2:52:01trustworthy.

2:52:02My other question is, if methane gas

2:52:04were to fill this room right now, how

2:52:06long would it take to kill 150 of us?

2:52:10General Electric spent 50 years and uh

2:52:12millions and millions of dollars

2:52:14destroying the Hudson River.

2:52:16They kept polluting while fighting the

2:52:17EPA. In 1976, fishing was banned due to

2:52:21pollution in the river.

2:52:23By 1984, the Hudson River became a

2:52:26Superfund site.

2:52:27By 2015, the dredging was complete. 200

2:52:322.75 million cubic yards of contaminated

2:52:36silt were then shipped off to a toxic

2:52:39landfill in Texas.

2:52:41We got a guy from Texas here tonight. 40

2:52:43million of 40 miles of the river

2:52:47were dredged. GE called it unnecessary,

2:52:50okay?

2:52:522.7 million cubic yards of silt, that's

2:52:55equal to 1,000 Olympic swimming pools

2:52:58full of contaminated soil.

2:53:01The damage caused by GE was vastly

2:53:04underestimated by the EPA at the time.

2:53:07Oysters were affected, sturgeon was

2:53:09affected, bald eagles were even

2:53:11affected. Anything that touched or lived

2:53:13near or in that water of the Hudson

2:53:16River were affected. Why? It's simple,

2:53:19corporate greed.

2:53:21So, here are here we are 50 years older

2:53:24and no less wiser. Today, the EPA is a

2:53:27joke. Clean the Clean Water Act, the

2:53:29Marine Water Protection Act, all without

2:53:32power to do anything.

2:53:34So, I ask you, who will be who will be

2:53:36brave enough to stop the destruction

2:53:39before it starts?

2:53:40You men have the power. The cleanup

2:53:43of the Hudson River cost GE 1.7

2:53:47billion dollars.

2:53:49How many people still fish the those

2:53:51waters? How many people develop cancer

2:53:53due to the

2:53:54living near the water? As as a good as

2:53:57good as the cleanup was, the river is

2:53:59still not perfect. It will take hundreds

2:54:02of years of non-polluters to bring it

2:54:05back to its original state. We deserve

2:54:07better. Our neighbors deserve better.

2:54:09Our planet deserves better. A clean

2:54:11river enhanced property values.

2:54:14Values of a polluted river destroy

2:54:17destroys our property values.

2:54:19The value of a clean river has an

2:54:21economic value of about 22 billion

2:54:24dollars a year. Let's not destroy what

2:54:26we have. PVCs do not break down. Let's

2:54:29not become a third world state in a

2:54:31third world country. Thank you for your

2:54:33time.

2:54:39>> Sarah Wilcher?

2:54:42>> You're close enough. That's fine.

2:54:46>> Well, tell me how to say it correctly,

2:54:48please.

2:54:49>> It is Sarah Wechsler. I am visiting from

2:54:52Davie County and I'm also recommending a

2:54:55denial.

2:54:56It's not a secret that here in Davidson

2:54:58County EMS is overwhelmed and underpaid.

2:55:01Average emergency response times range

2:55:03from 9 to 20 minutes and residents

2:55:05deserve to know what those numbers mean

2:55:07in relation to this illegal spot zone

2:55:09application and how emergency services

2:55:12could respond to a major industrial

2:55:14incident at the proposed site of Duke

2:55:16Energy and Piedmont's massive power

2:55:18plant and liquefied gas storage

2:55:19facility. A pipeline rupture, gas

2:55:22release, industrial fire, electrical

2:55:24failure, and other serious incidents,

2:55:26which are real valid concerns, require

2:55:28more than just an ambulance. Depending

2:55:30on the event, Davidson County would need

2:55:32multiple EMS units, fire suppression,

2:55:34hazardous material expertise,

2:55:36evacuations, law enforcement, and mutual

2:55:38aid resources. A major incident would

2:55:41also divert responders from ordinary

2:55:43emergencies elsewhere in the county.

2:55:45Before any further consideration of this

2:55:47heavy industrial

2:55:49officials must require a site-specific

2:55:51hazard assessment, independently

2:55:53reviewed emergency response analysis,

2:55:56verified response time data, an

2:55:58assessment of volunteer and career

2:56:00staffing capacity, and a documented plan

2:56:02for evacuation, mutual aid, and mass

2:56:05casualty response. And let's be clear

2:56:07about Duke Energy or Piedmont Gas's

2:56:09blood money offering to train EMS

2:56:11responders. A one-time contribution does

2:56:13not fund decades of salaries, benefits,

2:56:15training, and operational costs. Even

2:56:18annual contributions cannot be

2:56:19guaranteed that they would be allocated

2:56:21to the appropriate departments instead

2:56:23of used for some other industrial

2:56:25project approved by the county

2:56:27commissioners. Even if millions flowed

2:56:29in from this project, there'd be no way

2:56:31for us as citizens to know for 100%

2:56:33certainty that any of that would go

2:56:35towards emergency response training and

2:56:37support.

2:56:38If a project requires a level of

2:56:40emergency preparedness that the county

2:56:42cannot currently demonstrate, then this

2:56:44can't get approved today. Public safety,

2:56:47land use compatibility, and the

2:56:48protection of existing residents must be

2:56:51integral to this decision, not an

2:56:53afterthought. Approving a project of

2:56:55this magnitude without first

2:56:57demonstrating that Davidson County can

2:56:58protect its residents is not just a

2:57:00staggering failure of government

2:57:02responsibility. It would be criminal

2:57:04negligence disguised as a rubber stamp

2:57:06approval and a planning oversight.

2:57:09There's also case law in the North

2:57:10Carolina Supreme Court. It's called

2:57:12McDowell vs. Randolph County, 2007, and

2:57:16it still holds weight. A

2:57:18project of this magnitude would be a

2:57:21illegal spot zoning that violates North

2:57:23Carolina general statutes and is clearly

2:57:26objectionable objectionable. That's a

2:57:29direct quote from the Supreme Court.

2:57:31So,

2:57:33tonight, Greg Green, Ted Myers, Joe

2:57:36Hayesworth, Janice Janice Schoff, Randy

2:57:39Barney, Jim Myers, and Christian Jones,

2:57:41think carefully tonight because your

2:57:43decision today will stay with you for a

2:57:45lifetime, and the Davidson residents are

2:57:47taking note. Thank you.

2:57:55>> Robert Hairston.

2:58:07I'm Robert Hairston.

2:58:09I'm a member of the Petersville

2:58:10community.

2:58:11I'm a member of the Banking Baptist

2:58:13Church. And I'm also a representative of

2:58:15the National Hairston Clan.

2:58:17And our uh statement of Hairston clan, I

2:58:20only share two of those with you. One is

2:58:23that we want to teach people how to live

2:58:24a healthy lifestyle, and two, how to

2:58:26support an environmental awareness

2:58:29initiative in order to have the

2:58:30necessary resources to sustain our

2:58:33future generations.

2:58:37For the Hairston Road from Petersburg

2:58:39community, I've only heard that

2:58:41mentioned twice tonight.

2:58:43But it it'll be a direct effect upon our

2:58:46lifestyles.

2:58:48This industry,

2:58:50our industrial area that you want to

2:58:51develop, will be a vast disturbance

2:58:54and have adverse effect on the

2:58:56Petersburg community and the Buckhorn

2:58:58Baptist Church.

2:59:00Rezoning this property

2:59:02is incompatible with the county's

2:59:03existing land use

2:59:05and including policies found in the LUP

2:59:08for protecting water quality, preserving

2:59:10farmland, forest, and open space, and

2:59:14promoting the industrial development.

2:59:17Due to this incompatibility and the vast

2:59:19concerns shared with you, I ask that you

2:59:22recommend a full denial of rezoning

2:59:25requests because it will have an effect

2:59:27on us, not only the sound, light,

2:59:31construction, and the environment. Thank

2:59:34you.

2:59:43>> Mayor Boone.

2:59:48>> Everybody else has prepared. They've

2:59:49wrote stuff. I just come up here and

2:59:50just wing it. So, um

2:59:54I actually contacted Duke. I went to the

2:59:56open house. I believe it was in August.

2:59:59I attended that.

3:00:01And I was asking them some serious

3:00:03questions like how it operated. You

3:00:05would think that a billion-dollar

3:00:06corporation would be able to answer

3:00:08that.

3:00:09I I know who they had there, but

3:00:12they didn't need to be there. The only

3:00:13person that had any kind of education

3:00:15whatsoever is Nicole with Piedmont

3:00:18Natural Gas. She could actually answer

3:00:20questions. Duke was clueless. So, I

3:00:23contacted Duke

3:00:24and I actually scheduled a tour of the

3:00:27facility at Buck. And I just want to

3:00:29share some of my information with you

3:00:31cuz it's not been shared here tonight.

3:00:34Um one

3:00:37um Dwight Cordelius who's running for

3:00:39commissioner, he actually asked them

3:00:42what they could do to help us and our

3:00:45fire department in that area in case

3:00:48something did happen because we have

3:00:49older equipment. Well, they informed us

3:00:52that Duke Energy has a foundation that

3:00:55we could apply to.

3:00:58Hold your seats.

3:01:00They said like 10, 15, 20 thousand

3:01:02dollars is what we would get. Woo. Like

3:01:05seriously. Like seriously.

3:01:08So, 20 thousand dollars from a

3:01:11corporation that wants to use our water

3:01:14resources, pollute our air,

3:01:17light pollution, and they want to give

3:01:20us 20 thousand dollars? Please,

3:01:22seriously, take your money, go somewhere

3:01:24else.

3:01:25Because we don't want that here.

3:01:27If you want to be a good neighbor, then

3:01:30you need to work with your neighbors.

3:01:32And I understand how it works now, but

3:01:35the one thing that they still could not

3:01:37explain

3:01:39is how it really works.

3:01:41They were still designing it.

3:01:43It's the first one of its kind.

3:01:47Don't let them lie to you. It is.

3:01:49Cuz when you're sitting there with the

3:01:50plant manager and they can't answer the

3:01:53questions cuz they don't know.

3:01:56And that's problematic.

3:01:58Mr. Jones, I appreciate your comments

3:02:00and your questions about the concerns

3:02:02for the neighbors.

3:02:03Mr. Green, yours as well.

3:02:06Um I really feel like that

3:02:10in order to be a good neighbor and do

3:02:12unto others as you have been doing to

3:02:14you, then would you vote to put this in

3:02:16your backyard? And I would think that

3:02:18most of you would not want it in your

3:02:19neighborhood. These people don't want it

3:02:21in their neighborhood, either.

3:02:23I mean, I don't know where they need to

3:02:25go. Maybe go somewhere that wants the

3:02:27data centers cuz we don't want those

3:02:28here, either. And where Duke goes, the

3:02:30data centers come. And as Janine spoke

3:02:33about, it is about 80% of the power

3:02:36generated is going to go to data center

3:02:38usage.

3:02:40That's a fact.

3:02:42It's not a lie. It's a fact.

3:02:44And so, we really need to look at what

3:02:47kind of business is being built here.

3:02:51It's not just Duke wanting to come here

3:02:52to provide power for citizens. IT'S FOR

3:02:56DATA CENTERS.

3:03:05>> PATRICK

3:03:06PATRICK TRUEL

3:03:12Patrick Truel

3:03:14They have left.

3:03:16Um,

3:03:17Edgar Miller.

3:03:23>> Thanks, Chairman Green and board

3:03:25members. Uh, thank you for being here

3:03:26tonight. Uh, I'm Edgar Miller. I'm a

3:03:29Davidson County resident and I'm also

3:03:31the executive director of the Yadkin

3:03:33Riverkeeper.

3:03:34I stepped down as Riverkeeper back in

3:03:36July of this year, but our current

3:03:38Riverkeeper, Nicole Eastman, will follow

3:03:40me with some specific concerns about

3:03:42impact on the river of this project. Uh,

3:03:44we are here tonight to request a denial

3:03:47of this, uh, special use permit, uh,

3:03:50conditional zoning.

3:03:52Um, but before I I address the reasons,

3:03:55uh, for that, uh, I think it's important

3:03:57to point out on behalf of the river

3:03:59that, uh, it has done a lot for energy

3:04:01production.

3:04:02We have 35 mi of free-flowing river

3:04:05dammed up over the last century to

3:04:07produce hydroelectric power.

3:04:09We also have the Buck Steam Station

3:04:12energy station in Rowan County,

3:04:15which of course my organization sued

3:04:17many years ago to clean up the coal ash

3:04:19there.

3:04:20That facility is being doubled in size

3:04:24or at least proposed and I would note

3:04:26that the utilities commission has not

3:04:28even approved that expansion.

3:04:30And they have not approved this

3:04:32expansion. And the air quality

3:04:34information that has been submitted to

3:04:36the state does not contain the modeling

3:04:38information that you heard about

3:04:39tonight. So, what is the rush to push

3:04:43this forward

3:04:44as others have said without this

3:04:46information

3:04:47that we need? What will be the impact of

3:04:50the pipeline? Yes, this facility may not

3:04:52use water

3:04:53from the river, but certainly the

3:04:54generating plants will use a million to

3:04:5710 million gallons a day. Once again,

3:04:59we don't know because Duke has not made

3:05:02that decision yet. And so, we really

3:05:04need more information before we make

3:05:07this decision, which will affect future

3:05:08generations and affect the river just

3:05:10like those dams

3:05:12affect the river and all the issues that

3:05:14have come up with that. We have a

3:05:16gentleman here from Baden Lake tonight

3:05:18to talk about

3:05:19you know, how this is going to impact

3:05:20our water quality. And

3:05:23I just want to conclude by

3:05:26saying that we don't believe this is

3:05:28compatible with the existing land use

3:05:30that this site.

3:05:31This is a significant natural heritage

3:05:33site listed in your own land use plan.

3:05:36Our own county's plan identifies this

3:05:38site as such.

3:05:40We are concerned about the impact on the

3:05:42paddle trail, the Yadkin River State

3:05:43paddle trail, the Daniel Boone Heritage

3:05:46Canoe Trail,

3:05:48and over 10 Daniel Boone historic sites

3:05:50that are associated with this stretch of

3:05:52river. So,

3:05:54that is one reason

3:05:56uh others have said, uh it's

3:05:57inconsistent with the current land use

3:05:59plan.

3:06:01Um and I think Chris conveniently left

3:06:03out

3:06:04uh the fact that that one policy he

3:06:07cited about a good location also says

3:06:10with advanced planning. This is not a

3:06:12commercial corridor. There's a little

3:06:14commercial corridor

3:06:16on the map and uh it is not here. This

3:06:19is not an industrial area. There are no

3:06:22arterial roads located this and there's

3:06:24no way you can get to this site without

3:06:27going through a residential area. And

3:06:29that is clearly stated in the land use

3:06:31plan.

3:06:32Uh lastly, uh the proposed conditions in

3:06:34the special use

3:06:36uh

3:06:36zoning that you've heard about tonight,

3:06:38the application, you've already

3:06:40discussed many of those. So,

3:06:42uh for those reasons, we would uh

3:06:44support you denying that tonight. Thank

3:06:47you.

3:06:53>> Uh Nicole Eastman.

3:07:03>> Good evening. My name is Nicole Eastman

3:07:05and I am your Yadkin Riverkeeper. Thank

3:07:07you for the opportunity to provide a

3:07:09comment tonight regarding Piedmont

3:07:11Natural Gas's request to rezone property

3:07:13along the Yadkin River to heavy

3:07:15industrial.

3:07:16PNG's proposal is is incompatible with

3:07:19the county's land use plans, the

3:07:21surrounding land uses, and it lacks

3:07:22essential safeguards for your county's

3:07:24residents, farmers, and local

3:07:26environment, including the Yadkin River.

3:07:29In the Davidson County Zoning Ordinance

3:07:30and Land Development Plan, the LDP, the

3:07:33county decided to protect water and air

3:07:35quality, deter industrial development on

3:07:37the river, and ensure industry is cited

3:07:40where it is compatible with the

3:07:41surrounding land uses. PNG's proposal

3:07:44fails to meet these criteria.

3:07:47In section 14.7 of the LDP, Davidson

3:07:50County specifically identified the

3:07:51protection of the Yadkin River and High

3:07:54Rock Lake from stormwater runoff as a

3:07:56priority for development review.

3:07:58This massive proposal on the Yadkin

3:08:00would be built on 500 acres of land with

3:08:03several streams and wetlands on site.

3:08:06Not only is there potential for stream

3:08:07and wetland loss during development, but

3:08:09the stormwater runoff from a project of

3:08:11this size would significantly degrade

3:08:13the Yadkin River.

3:08:15When forested landscapes like this rural

3:08:17parcel are cleared and converted into

3:08:19impervious surfaces, rainwater cannot

3:08:21soak into the ground and infiltrate the

3:08:23groundwater. Instead, the rainwater

3:08:25would sheet off the hard surfaces

3:08:27causing erosion along streams and the

3:08:29river and carry pollutants such as

3:08:31sediment, nutrients, and any onsite

3:08:33chemicals into the Yadkin and downstream

3:08:36into High Rock Lake, which experiences

3:08:39substantial sediment pollution and

3:08:40harmful algal blooms already.

3:08:44PNG did not outline in that in their

3:08:45application specific stormwater measures

3:08:48to mitigate the substantial impact of

3:08:50the project. The development of this

3:08:52site would result in the degradation of

3:08:53wetlands, which are the sponges

3:08:55infiltration systems for runoff.

3:08:58The county would lose invaluable

3:09:00ecosystem services that protect water

3:09:02quality and water availability if this

3:09:05property is rezoned from rural

3:09:06agriculture to heavy industrial.

3:09:09In section 7.1 of the um LDP, the county

3:09:13states they prefer agricultural and

3:09:15recreational use in the flood in the

3:09:17flood plain. So, heavy industrial use

3:09:19would be incompatible on a parcel

3:09:21surrounded by the river.

3:09:23The impacts to the Yadkin River would

3:09:24not stop at this site either. If the

3:09:27North Carolina Utilities Commission

3:09:28grants a certificate of public

3:09:30convenience and necessity for the Davie

3:09:32County two methane gas-fired plants,

3:09:34which is far from a guarantee I want to

3:09:36note, PNG and Duke would install a 3-mi

3:09:39long pipeline and transmission lines

3:09:41across the river,

3:09:42cumulatively posing the greatest threat

3:09:45to our river right now.

3:09:47The project's potential for

3:09:48environmental damage is extensive, and I

3:09:50urge you all to prioritize the

3:09:52protection of our most important

3:09:54resource, the Yadkin River, when making

3:09:56a recommendation.

3:09:57Davidson County is a destination for

3:09:59visitors hoping to enjoy the wild beauty

3:10:02and wildlife along the meandering Yadkin

3:10:04River State Trail

3:10:06and the bass fishing and boating on High

3:10:08Rock Lake, not an industrial complex.

3:10:11>> 3 minutes.

3:10:12>> Based on the incompatibility of this

3:10:13site with county plans and its lasting

3:10:15impacts on the Yadkin River and its

3:10:17communities, I urge you all to recommend

3:10:19full denial of this application. Thank

3:10:20you.

3:10:29>> Amy?

3:10:33Uh, starts with the H.

3:10:36I'm sorry.

3:10:37>> My name is Amy Hill.

3:10:39>> Amy Hill.

3:10:41I'm sorry, I couldn't read your writing.

3:10:43>> Sorry, I do apologize.

3:10:44>> That's

3:10:45>> Um, so I want to say about the the

3:10:49emissions. I grew up beside Williams gas

3:10:51plant my whole childhood, and it was

3:10:54nothing but loud, okay? Um, during 9/11,

3:10:57they blocked the whole entire residence

3:10:59off due to the terrorist attacks because

3:11:02it was deemed not safe, and they did not

3:11:04know if it was going to blow up. Um,

3:11:07light pollution, there was always light

3:11:09pollution.

3:11:10I am the property owner of 142 Amy

3:11:15Drive, which is 200 ft from the proposed

3:11:19gas plant.

3:11:20Um

3:11:22My family has called Callahan Hill Road

3:11:24home Callahan Hill Road home for

3:11:26generations. I grew up on these roads.

3:11:28My great-grandmother's house stood near

3:11:30the end of this road. My grandmother's

3:11:32house is still there. I grew up

3:11:34surrounded by family and neighbors,

3:11:36farms, wildlife, and community where

3:11:38people looked out for one another. I

3:11:40came back to raise my children here

3:11:42because I wanted them to experience what

3:11:44I experienced. Peace,

3:11:47safety, connection to family,

3:11:49and the freedom to grow up knowing their

3:11:51neighbors.

3:11:52Now I'm being asked to watch the place

3:11:54that raised me potentially transform

3:11:57into an industrial project near our

3:12:00home.

3:12:01Callian Hill Callian Hill is not an

3:12:03empty space on a development map. It's

3:12:06somebody's home. It is my home.

3:12:10My road is among the last before

3:12:12the Dadian proposed site.

3:12:15I need clear answers about the

3:12:16facility's actual footprint.

3:12:20It is proximity close to homes, its

3:12:22potential effects, noise, lighting,

3:12:25traffic. My children walk home on these

3:12:28roads from school. So if there's heavy

3:12:31industrial

3:12:33trucks coming in, how do I not know that

3:12:35you're going to pay attention? How do I

3:12:37not know that my kids are safe? How do I

3:12:38not know that the other kids that walk

3:12:41home are safe?

3:12:43Okay? How will emergency responders

3:12:46protect nearby families if an incident

3:12:48occurs?

3:12:49What independent assessments have been

3:12:51completed regarding the facility

3:12:53pipelines, water resources, and

3:12:55surrounding the environment? And when

3:12:57officials promise jobs and tax revenue,

3:13:00I want to know the full cost, what

3:13:02incentives will pay, what taxpayers

3:13:04provide, what will the county actually

3:13:06gain after

3:13:08infrastructure and public cost and

3:13:11and county and residents desire

3:13:13documented answers, not promises. I am

3:13:16asking Davidson County to require

3:13:19complete public disclosure of the site

3:13:22plans, traffic studies, environmental

3:13:23reviews, emergency response plans, and

3:13:27environmental analysts, and any approval

3:13:29must include enforceable protection for

3:13:31neighborhood residents. If critical

3:13:33questions remain unanswered, then the

3:13:35project should not move forward. The

3:13:37discussion is bigger than the one

3:13:38facility is about whether the people who

3:13:41have already lived here matter as much

3:13:43as the interest in proposing the change

3:13:45of our community.

3:13:47My great grandmother's house is still

3:13:48there. My great grandmother's home was

3:13:51there before there. The road I walked as

3:13:52a child and my children are growing up

3:13:54on that same land. I cannot ask the

3:13:56generations before me to stand here and

3:13:59defend the home they built. So, I am Can

3:14:01I finish? So, I'm standing here for my

3:14:03family and my children and every

3:14:05resident who deserves a voice in the

3:14:07future of the community. When you look

3:14:08at the map, you see more more than

3:14:10property lines. You see families who've

3:14:12lived

3:14:13with the consequences of your decisions.

3:14:15So, my family has called Callan Hill

3:14:17home for generations and I'm asking you

3:14:20to not make my children the generation

3:14:22loses it.

3:14:23Thank you for your time.

3:14:32>> Shelly Robbins.

3:14:39>> I have um

3:14:45>> Up to the discretion of the chairman.

3:14:47What do you have?

3:14:48>> I have this one page of 10 copies.

3:14:51>> Sure.

3:15:01>> Good evening and thank you for sticking

3:15:03with us this long.

3:15:04Um my name is Shelly Hudson Robbins and

3:15:07I grew up in Thomasville. My dad Jim

3:15:09Hudson, who's here, he still lives

3:15:11there.

3:15:12Um I work for the Southern Alliance for

3:15:13Clean Energy where I analyze uh gas

3:15:16infrastructure, pipelines, power plants,

3:15:18LNG facilities through an economic lens.

3:15:21Uh as a Davidson County native, I saw

3:15:24the furniture industry thrive when

3:15:26people were proud to say they worked for

3:15:28TFI or Lexington Furniture. Then I saw

3:15:31the industry hollow out and move

3:15:33overseas. I saw downtowns nearly

3:15:35collapse as they could no longer support

3:15:37small businesses after the big employers

3:15:40left.

3:15:41More recently I've seen Davidson County

3:15:43rise again

3:15:44with things like agritourism at the

3:15:46Children's Winery

3:15:48and then landing Siemens mobility. Once

3:15:50again, these are jobs that employ locals

3:15:53that people take pride in.

3:15:55Duke and P&G's massive combustion

3:15:58complex will ruin all of this.

3:16:01This will be the largest

3:16:04utility LNG facility in the country by

3:16:08far.

3:16:09And just one of the 200-ft tall gas

3:16:12storage tanks would be the largest

3:16:14structure in the county. And there will

3:16:17be three, not one but three.

3:16:19It is 13 times bigger than Piedmont's

3:16:22Huntersville facility. And we've already

3:16:24determined it'll be loud.

3:16:26Um then there are the emissions.

3:16:28Duke and P&G dropped off their air

3:16:30permit applications at DEQ on October

3:16:329th. This E LNG facility, I'm not

3:16:35talking about the power plants, the E

3:16:37LNG facility will be a major source

3:16:40emitter.

3:16:41Davidson County has a PM 2.5 monitor

3:16:44small particles

3:16:46on the Lexington water tower and its

3:16:48latest 3-hour average is actually

3:16:50reading a little bit above the federal

3:16:52limit. It was 8.8, now it's 9.1.

3:16:56But just barely.

3:16:57This facility could easily put Davidson

3:17:00County in non-attainment.

3:17:02Then that ties the county's hands for

3:17:04future economic development. Companies

3:17:07that create real jobs for locals will

3:17:10not want to locate here because they'll

3:17:11have to follow stricter, more expensive

3:17:14emission standards because Duke and P&G

3:17:17will essentially have blown your

3:17:19emissions budget.

3:17:21And you cannot rely on DEQ to eliminate

3:17:24this threat. DEQ's hands are tied pretty

3:17:26tightly.

3:17:28An air permit does not mean no

3:17:30pollution.

3:17:31It says how much pollution the facility

3:17:34will be adding to your existing burden.

3:17:37Further, these plants aren't even needed

3:17:39for the state and county to grow. Duke

3:17:41has three big new gas plants and two new

3:17:43peaker complexes already underway in

3:17:46North and South Carolina on brownfield

3:17:48sites, not greenfield like this one.

3:17:50It's 4,430

3:17:53MW of new gas on the way to take care of

3:17:56residential, commercial, and industrial

3:17:58growth.

3:17:59The Davidson Davie complex is for data

3:18:01centers that Duke keeps recruiting so it

3:18:03can justify these plants and then earn

3:18:05profits on them.

3:18:06Gas plants and data centers don't employ

3:18:09locals. They don't create the workforce

3:18:12that builds community, that supports

3:18:14small businesses in downtowns, and that

3:18:16fills churches and little leagues and

3:18:17scout troops. The tax revenue is just

3:18:21not worth the harm that Duke and P&G

3:18:23will cause both environmentally and to

3:18:26future economic development. Davidson

3:18:28County has been through it and it

3:18:30deserves better than becoming Duke and

3:18:32P&G's next pollution dumping ground in

3:18:35order to enrich the C-suite and the

3:18:37shareholders.

3:18:39And I'd also like to add the the PM2.5

3:18:41in the air modeling, um

3:18:43the the the Lexington,

3:18:46um

3:18:46monitor was not included in that

3:18:48monitoring. So, they used a monitor 20

3:18:51mi away in Rowan County

3:18:53to assess that. They did not use

3:18:55Lexington.

3:18:57Thank you.

3:19:07>> I guess you can give her one of these.

3:19:10I I saw it down in the line. All right.

3:19:15So, I'll give you all that stuff.

3:19:20Um

3:19:21Gregory Moose.

3:19:25Is that close?

3:19:28Close enough. Okay.

3:19:29>> Moose.

3:19:30I used to put a moose on my business

3:19:31cards just to confuse people though.

3:19:33>> All right. Good evening commissioners.

3:19:36First, I I really appreciated a lot of

3:19:38the incisive questions that you were

3:19:40asking. You really caught that shell

3:19:42game that they were trying to play with

3:19:44water consumption by saying, "Oh, it's

3:19:46not on our side." So, it's very

3:19:48important to look at this coal complex.

3:19:51Other people have already spo- spoken

3:19:54about the health and environmental

3:19:55effects of the proposal. I'm an MBA. So,

3:19:59my expertise is more looking at it

3:20:01through a business and economics

3:20:02perspective. So, let's consider what the

3:20:06methane complex actually offers the

3:20:08county.

3:20:09Firstly, there's the tax income from the

3:20:11intense land use. Though, admittedly,

3:20:14that might be strongly admitted by North

3:20:16Carolina referendum this year, which

3:20:18might limit property taxes.

3:20:20Secondly, Duke Energy has stated to

3:20:23their official

3:20:24literature that the plant may offer up

3:20:26to 80 jobs split between two counties,

3:20:31Davidson and Davie. Now, can you imagine

3:20:33that? 80 whole jobs for 230,000

3:20:38residents between that two counties?

3:20:40That is up to one job per 29,000 people.

3:20:46So, now we've considered all of the

3:20:48stated benefits. What are the costs?

3:20:51Most directly, there's the health

3:20:53effects of the plant's byproducts, as

3:20:56other people have stated, being spewed

3:20:58in our air, increasing strain across

3:21:00upon our hospitals and public services,

3:21:03while simultaneously decreasing worker

3:21:05productivity.

3:21:06Secondly, there are the effects on

3:21:08tourism of essentially destroying our

3:21:11section of the Yadkin River, and the air

3:21:13pollution will have knock-on effects on

3:21:15tourism drawing events such as the

3:21:17barbecue festival.

3:21:19Finally, power plants like this have

3:21:21been shown to have a severely negative

3:21:23effects upon housing valuations and rent

3:21:26collected in residences within miles of

3:21:29power plants.

3:21:30And the effect is even stronger for high

3:21:33capacity plants like this one,

3:21:34especially one of this insane magnitude.

3:21:39Oh, and the reason is simple.

3:21:43People don't want to live in polluted

3:21:46hellholes.

3:21:50And the people who leave are the people

3:21:52with high education, with skills, with

3:21:56the ability to find employment and

3:21:57housing elsewhere. This would contract

3:22:00the tax base from the people that we

3:22:03need to grow this community.

3:22:05There is no way that what little Duke or

3:22:09Piedmont could offer could

3:22:11counterbalance the budget shortfall that

3:22:13it would create.

3:22:15If the committee members would like to

3:22:16see the research papers on any of these

3:22:18points, I would be happy to provide

3:22:20them. However, ultimately Duke Energy

3:22:23even or isn't even making a real

3:22:25argument that would benefit Davidson or

3:22:28Davie County economically. They're not

3:22:30making a legitimate case based on facts.

3:22:33What they're doing is launching a

3:22:35fishing expedition. They're fishing to

3:22:38find any county where the local

3:22:40government is corrupt enough that they

3:22:42can bribe their way into poisoning the

3:22:44local populace so that they can profit

3:22:46off of powering data centers for the

3:22:48benefit of tech billionaires. So

3:22:50ultimately, the question for you,

3:22:52committee members, is are you bought and

3:22:54paid for by Duke Energy or do you serve

3:22:57the community? THANK YOU.

3:23:13DONNA

3:23:14DONNA SCILLERY

3:23:16IT'S Donna Scillery.

3:23:18Scil-

3:23:19Scillery

3:23:23I know I'm sure I'm butchering that, but

3:23:24I don't mean to do so.

3:23:26Uh Donna Scillery

3:23:30687 Callahan Road

3:23:32Uh

3:23:34um

3:23:35>> It's our bedtime.

3:23:37>> Yeah, it's getting past all our

3:23:38bedtimes.

3:23:40But is it Danielle

3:23:42Durham?

3:23:44>> She left.

3:23:45>> She left.

3:23:46>> Okay.

3:23:47Uh

3:23:49Ash Murali?

3:23:59>> Good evening, members of the board. I'm

3:24:01Ash Murali, counsel for environmental

3:24:03justice with Southern Coalition for

3:24:04Social Justice, here on behalf of Clean

3:24:07Water for North Carolina, Southern

3:24:09Alliance for Clean Energy, and

3:24:11Appalachian Voices, whose members live,

3:24:14work, and recreate in and around

3:24:16Davidson County.

3:24:18Thank you for the opportunity to speak

3:24:19to you all this evening.

3:24:21We respectfully urge this planning board

3:24:23to recommend denial of Duke and Piedmont

3:24:26Natural Gas's rezoning application.

3:24:29Davidson County's identity is rooted in

3:24:32its rich agricultural heritage, thriving

3:24:35vineyards, renowned furniture industry,

3:24:38and treasured natural landscape. Yet all

3:24:41of this now stands at risk as PNG seeks

3:24:44to transform a vast tract of rural,

3:24:47environmentally sensitive land into a

3:24:49site for the country's largest ELNG

3:24:52facility.

3:24:54This board must assess whether this

3:24:56project is consistent with the county's

3:24:58thoughtfully developed comprehensive

3:25:00land development plan. That plan

3:25:03prioritizes preserving farmland,

3:25:05protecting rural communities,

3:25:07safeguarding air and water quality, and

3:25:09ensuring that industrial development is

3:25:12compatible with surrounding land uses.

3:25:15Converting more than 1,600 acres of

3:25:18rural land into heavy industrial zoning

3:25:20is wholly inconsistent with those

3:25:23objectives.

3:25:24This facility would generate

3:25:26round-the-clock compressor noise,

3:25:28disrupting the rural quiet, expansive

3:25:31floodlights that will erase the dark

3:25:33night skies that prevail in the Milky

3:25:35Way, and noxious air pollution. It

3:25:38brings construction across wetlands and

3:25:40streams with volatile liquefied gas

3:25:43piped beneath the treasured Yadkin

3:25:45River, and the risk of fires or even

3:25:47explosions that rural volunteer fire

3:25:49departments and low water pressure are

3:25:52not equipped for.

3:25:54And this change from one of the county's

3:25:56most protective zoning designations to

3:25:58its least protective will bring more

3:26:01industry, including data centers and

3:26:04other industrial complexes that will

3:26:06transform the rural character and

3:26:08natural beauty into an industrial zone.

3:26:11These are the foreseeable consequences

3:26:13and risks that must be evaluated before,

3:26:16not after, the county authorizes

3:26:19industrial development of this

3:26:20magnitude. No buffers or other

3:26:23conditioning measures can reconcile this

3:26:25massive industrial complex with the

3:26:27county's commitment to rural and

3:26:30agricultural preservation.

3:26:32Certainly, the conditions that the

3:26:33applicant has proposed are insufficient.

3:26:36Just last December, this county

3:26:38commissioner commission asked regulators

3:26:40to deny a regional gas pipeline

3:26:43expansion unless community safety and

3:26:46environmental concerns were addressed.

3:26:48That same concern applies here with even

3:26:51greater force.

3:26:52Finally, a constitutional amendment on

3:26:55next month's ballot could severely limit

3:26:57local property tax authority, negating

3:27:00this project's projected benefits.

3:27:02Revenues are not guaranteed, but the

3:27:04losses to the farms, wineries, tourism,

3:27:07and property values are certain.

3:27:09Please exercise your authority and

3:27:11responsibility and find this rezoning

3:27:13inconsistent with the land development

3:27:15plan and recommend a strong denial.

3:27:18Thank you.

3:27:27>> Paul Kelly.

3:27:41Tough night, guys.

3:27:43My name is Paul Kelly and I'm on the

3:27:45executive executive committee of the

3:27:49North Carolina Sierra Club Foothills

3:27:50Group. Say that fast three times.

3:27:54I'm I'm here on behalf of the uh

3:27:56Foothills Sierra Club to recommend that

3:27:58you refuse the uh

3:28:00uh uh uh permit rezoning request.

3:28:04This This uh facility is I I understand

3:28:08is required They want to be able to

3:28:10produce 3,000 MW of electric power.

3:28:14If If Duke Power says they they need to

3:28:17expand their capacity, I would never

3:28:19refute that because we know the state's

3:28:21growing.

3:28:24They are saying that they will need

3:28:25about 3 to 4 uh 100 acres or so from in

3:28:29this evening.

3:28:30The uh uh uh

3:28:33it will connect a tunnel underneath the

3:28:36river will connect both the storage

3:28:38facility and the operating plant.

3:28:42The business model is about 100 years

3:28:44old.

3:28:46The contract initially with North

3:28:47Carolina was to install electric power

3:28:51into the rural areas of North Carolina

3:28:53into the western parts of the state

3:28:55uh back in the very early 1900s,

3:28:59that corporate culture is is is still

3:29:02ingrained in into how they into their

3:29:05business model.

3:29:07And it makes absolute sense. It was

3:29:09appropriate at the time because of the

3:29:12lack of electricity in different parts

3:29:13of the state. I'm beginning to ask if if

3:29:16we need that uh model to be uh examined

3:29:21some.

3:29:22But I have to say, first of all,

3:29:25electric uh Duke Power keeps the lights

3:29:28on in my house.

3:29:30And I get heat with uh Piedmont Natural

3:29:33Gas.

3:29:35I I have researched this and learned

3:29:38that you can generate

3:29:413,000 MW of power

3:29:44with several thousand

3:29:46solar panels, depending on the panels

3:29:49that you use.

3:29:51A 1,000 uh 1,000 MW uh solar farm, as I

3:29:56understand it, would take oh, anywhere

3:29:59from three to five acres.

3:30:02It's possible to have uh

3:30:05a solar farm either uh more than one

3:30:091,000 MW uh solar farm or or more than

3:30:13one uh uh

3:30:151,000 MW solar farm to get you your

3:30:183,000 MW of power using solar power.

3:30:21Now, the gentleman from Duke from Duke

3:30:24Power is absolutely right. Solar power

3:30:27is not perfect. However, the uh

3:30:31um

3:30:32technical improvements on on battery

3:30:35storage has has really stepped up in

3:30:39recent years. But again, it's not

3:30:41perfect. There is no system that's

3:30:43perfect. Uh grids go down all the time

3:30:46for one reason or another, so with

3:30:48solar. But with solar, you can solve it

3:30:51faster, there's less construction time,

3:30:54there's less impact on the environment,

3:30:56there are no gas storage facilities,

3:30:59there are no gas power plants, and there

3:31:01are no gas pipelines going underneath

3:31:04the Aiken River.

3:31:05>> 3 minutes.

3:31:07>> So, I would I would say this, if they

3:31:10decided that they wanted to establish a

3:31:13a solar farm here to get their 3,000, I

3:31:15say have at it, brother, cuz we could

3:31:17use it.

3:31:19Um

3:31:20So

3:31:23I did this research, it's a little old.

3:31:25I would ask that you have someone in

3:31:27your staff research this information

3:31:29yourselves to see if it's consistent. I

3:31:31think you'll find that it is. And I

3:31:33thank you for your time and your

3:31:35patience. Thanks.

3:31:41>> All right, Mr.

3:31:43Mark

3:31:46Uh Cav-

3:31:48I don't think it's Cavalier, but it

3:31:49looks kind

3:31:50>> Mark Cavalier.

3:31:51>> Uh Pine Haven Drive, New London.

3:31:56>> He probably wanted to get home. He had a

3:31:57long drive.

3:31:59>> Yeah, he had He had a long drive.

3:32:01>> Okay.

3:32:02Uh Al

3:32:04Hinson?

3:32:13>> Gentlemen, thank you.

3:32:15I appreciate the real relevant questions

3:32:18that were asked by the board.

3:32:20Uh I think that's very important.

3:32:23Duke and Piedmont have

3:32:25been very vague on a lot of things. They

3:32:27put up a lot of charts, they put up a

3:32:29lot of written things, but down deep

3:32:33I don't think it's safe for this county.

3:32:35And I live on Giles right off Giles

3:32:38Road.

3:32:39My farm is less than 500 ft from

3:32:42Callahan Road.

3:32:45Uh

3:32:46the traffic on Giles Road once the

3:32:50gentleman said take five or six years to

3:32:52build this plant would be horrendous.

3:32:56School buses are on that road, children

3:32:58live on that road, and

3:33:01highly highly dangerous.

3:33:04I work for a company. I know how when

3:33:06they said you know,

3:33:07deliveries will be made such and such.

3:33:10No.

3:33:11When trucking companies send stuff in,

3:33:13they send it in 24/7.

3:33:1624/7.

3:33:18And it will be received. Plus the fact

3:33:21this plant has to be monitored uh, 24

3:33:24hours a day.

3:33:26There's a lot of traffic there.

3:33:28Construction workers

3:33:30uh, building this thing

3:33:32endless for five or six years.

3:33:35Uh, my farm would be adversely affected.

3:33:39I ask you, every member of this board

3:33:42to look and see if you want your

3:33:44children or your grandchildren

3:33:47living in something like this. Or you

3:33:49would like something like this in the

3:33:51back in your back door.

3:33:53Only one lawyer over here said he lived

3:33:55in Arcadia.

3:33:56He admitted that. That's a long way

3:33:58away.

3:34:00Very long way away.

3:34:04Look, think deep about this.

3:34:07They're the ones to gain, we're the ones

3:34:09to lose.

3:34:11Thank you.

3:34:20>> Um.

3:34:22Is it Coleman? Someone named Coleman?

3:34:26I'm sorry, I cannot make out your first

3:34:28name.

3:34:30Okay. Thank you, Ms. Coleman.

3:34:32Um, oh boy. You want to take a crack at

3:34:35that one? Help me out here.

3:34:38>> I can't read it.

3:34:39>> It begins with an A, and it I think this

3:34:42the last name is a W.

3:34:45A Ariel?

3:34:47>> Hicks Road.

3:34:48>> On

3:34:49On Hicks Road?

3:34:50>> Yeah, man.

3:34:55All right, leave.

3:34:57>> Okay.

3:34:59Um I

3:35:01All right, Hicks Road.

3:35:03>> All right, she got up.

3:35:04>> Okay.

3:35:05Um

3:35:07>> It's Ariel.

3:35:08>> It's Ariel, yeah.

3:35:10Okay.

3:35:10>> Um I'm sorry. What's your name?

3:35:13>> It's Odwell.

3:35:14I have terrible handwriting.

3:35:18>> Would you you have a very soft voice.

3:35:20Would you pull that

3:35:22microphone close to you so we can hear

3:35:24you, please? Thank you.

3:35:25>> Okay, thank you.

3:35:26Which one would you rather have?

3:35:27Plentiful clean air, water, soil, and

3:35:30trees, or water shortages, excessive

3:35:32pollution, heating, and forever

3:35:33chemicals? Because that is what is at

3:35:36stake here. The EPA and the federal

3:35:38government can't roll back citizens'

3:35:40environmental protection fast enough for

3:35:43data centers and their power plants.

3:35:45Don't let these companies come in and

3:35:47pour honey in your ears, then do what

3:35:49they want to once they are in place. Per

3:35:52the 2025 Duke Energy plan, the twin

3:35:55methane gas-powered plants are proposed

3:35:58to power data data centers. You might

3:36:01have heard about the data center in

3:36:02Georgia. Residents' water pressure

3:36:04plummeted. Investigation concluded that

3:36:07they had two industrial-size water

3:36:10hookups, one unknown and one not

3:36:12measured or billed. They had quietly

3:36:15drained 29 million gallons of water

3:36:17before anyone noticed,

3:36:21far exceeding the peak allowable amount

3:36:23set during planning.

3:36:26Um In California, a data center is suing

3:36:29for access to

3:36:31the river rights because they were

3:36:33denied a public access. It will be the

3:36:36biggest data center in California if it

3:36:39goes through.

3:36:41Um you may have heard about the 10,000

3:36:44Mississippians suing X AI for excessive

3:36:47continuous noise pollution in and out of

3:36:50doors. They can't relax anywhere. They

3:36:52They say that it is torture. You may

3:36:55have heard about the lawsuit in Memphis

3:36:57against X AI for excessive pollution

3:37:00where it is illegally operating 27

3:37:03methane gas-powered turbines. The

3:37:05federal government, the Department of

3:37:07Justice, moved to block the lawsuit

3:37:09citing national security.

3:37:12In Virginia, 189 of its data centers air

3:37:16permits allowed emergency diesel

3:37:18generation running without public

3:37:21approval. They ran these generators for

3:37:24nearly 24 hours straight during a code

3:37:27red air quality alert. Authorities had

3:37:30no power to stop them. Uh residents had

3:37:33to leave due to pain in their lungs and

3:37:36they couldn't stand the noise.

3:37:39Um

3:37:41the methane gas-powered plant would use

3:37:43at least

3:37:45600,000 gallons of water each per day.

3:37:48That's 1.2 million gallons of water from

3:37:50the Aiken River daily. If they say they

3:37:53will use the most efficient or

3:37:55up-to-date system available, consider

3:37:57the use of the word available carefully.

3:38:00At one time, I was told that it would

3:38:02cost rate payers $2.5 million

3:38:06each facility. That may have changed. Um

3:38:10that is unless the power center is not

3:38:12connected to the public power grid, then

3:38:14it will be considered islanded. This

3:38:16means they are just a power data

3:38:19centers. They are not subject to the

3:38:20same environmental protections such as

3:38:23the acid rain

3:38:25restrictions.

3:38:26In this case, the cost to us would

3:38:29instead be unmitigated pollution.

3:38:32We have Thank you. I'll be done in just

3:38:34a second. We have far more data centers

3:38:37than any other country. We have 4,767

3:38:40in the US. Next highest is only 568.

3:38:44What are we doing to our country in the

3:38:45name of innovation? They rolled out

3:38:47these facilities out across the country

3:38:49all at once like a hostile takeover

3:38:52during a severe drought and they can

3:38:53only seemingly be cooled mostly by our

3:38:56finite amount of fresh water.

3:38:58Who is considering the cross-country

3:39:00cumulative water usage? The Ogallala

3:39:02Aquifer is the largest underground

3:39:05supply of water in the US. It is drying

3:39:07up. It supplies 30% of the water to our

3:39:09nation's crops.

3:39:11And it's being used up faster than it's

3:39:12being replaced. Water shortages can lead

3:39:14to crop and therefore food shortages.

3:39:17These facilities will be obsolete in

3:39:19decade. Please vote down data centers

3:39:21and their power plants. In closing, you

3:39:23are our last line of defense. Will you

3:39:26hold the line? Please don't sell us out.

3:39:28Thank you.

3:39:37>> Shu- Shuhi Shuhi Modi?

3:39:41Maybe. Is that okay?

3:39:43>> Yes.

3:39:48>> He is at the county court. Do Yeah. 311

3:39:512

3:39:52Oh.

3:39:53Here we go.

3:39:57>> Good evening. My name is Shuhi and I'm

3:40:00giving this comment on behalf of the

3:40:01organization Appalachian Voices. We have

3:40:04members in Davidson County who live near

3:40:06the site, many of whom are here tonight.

3:40:08Um we ask the board to deny this request

3:40:11to be consistent with the land

3:40:12development plan and locate industry

3:40:14only where it is compatible with

3:40:16surrounding land and environmental

3:40:18conditions.

3:40:19There are too many unknowns as you all

3:40:21have stated yourselves and you uh should

3:40:25wait until further information is

3:40:26available to answer the unanswered

3:40:29questions.

3:40:30As you know, it is your job to fully

3:40:32assess the impacts on residents. So, let

3:40:34Duke do the following before any

3:40:36decisions are made. Include construction

3:40:38impacts in the sound study. Evaluate how

3:40:41much water could would be used during

3:40:43construction and what the source of the

3:40:44water would be.

3:40:46Finish the lighting study. Evaluate the

3:40:48option of berms. Draft a traffic plan.

3:40:51Evaluate impacts on the on floodplains

3:40:54and wetlands. Evaluate moving the ERC to

3:40:57be further from residents. And finally,

3:40:59the county should work with neutral

3:41:01third-party consultants to evaluate the

3:41:02veracity of Duke's claims.

3:41:05These facilities use heavy hydrocarbons

3:41:07such as propane. And they have these

3:41:10heavy hydrocarbons have a long history

3:41:12of causing accidental explosions. Will

3:41:14Duke Energy and Piedmont Natural Gas be

3:41:16required to disclose the usage of any

3:41:18such fuels and what safety measures they

3:41:19have adopted?

3:41:21Um to address a little bit of what Duke

3:41:23and Piedmont Natural Gas were claiming

3:41:24earlier, this project is not needed. The

3:41:27reason for building this complex is for

3:41:29data centers that might not even show

3:41:30up. And Duke Energy CEO boasted that

3:41:33they are the ones trying to recruit

3:41:34these data centers. That would be the

3:41:36reason for this project.

3:41:38A study by the Institute for Energy

3:41:40Economics and Financial Analysis found

3:41:43that utilities have also been

3:41:44overestimating how much energy is needed

3:41:47when compared to independent analyses.

3:41:49On the claims of reliability related to

3:41:51winter storms, a according to the

3:41:53Federal Energy Regulatory Commission's

3:41:55investigation into what happened during

3:41:57winter storm Elliot, the first

3:41:59malfunctions in Duke's network occurred

3:42:01primarily at gas power plants.

3:42:04Across the eastern US, methane gas plant

3:42:06failures accounted for 62% of lost power

3:42:09during the storm. So, no, gas

3:42:11infrastructure is not going to make the

3:42:13system more reliable.

3:42:15On the topic of safety, an organization

3:42:17called the Pipeline Safety Trust

3:42:18evaluated safety records in North

3:42:20Carolina and found that Piedmont Natural

3:42:22Gas is one of the most incident-prone

3:42:23operators in the state. PNG had an

3:42:26excavation damage incident where nearly

3:42:2826,000

3:42:30MSCF,

3:42:31or thousands to standard cubic feet of

3:42:34methane was spilled.

3:42:36Finally, there is an air pollution

3:42:38monitor measuring fine particulate

3:42:39matter on the Lexington water tower that

3:42:41is already reading a level extremely

3:42:43close to violating national air quality

3:42:45standards at 9.1 micrograms per cubic

3:42:48meter, and the limit was recently

3:42:50changed to 9.0.

3:42:52This project Well, actually, that means

3:42:54that they are currently violating the

3:42:56national air quality standards. So, this

3:42:58project could easily continue to push

3:43:01the county over the violation of these

3:43:03in violation of these limits, which

3:43:05would prevent other industries and

3:43:07economic development from coming to the

3:43:09area, which could provide actual jobs

3:43:12for the people who live here.

3:43:14You all said yourself that it's a

3:43:15priority to protect the neighboring

3:43:17residents' safety and quality of life,

3:43:19so please deny this rezoning request.

3:43:21Thank you.

3:43:28>> All right.

3:43:29Chuck Slibetski.

3:43:37Thank you, and I appreciate you getting

3:43:39my name pretty close. I Thank you so

3:43:42much. First off, I'd like to start off

3:43:44by saying I want to commend this board

3:43:48because I've been talking a lot to the

3:43:50commissioners, and you have treated the

3:43:54citizens of this county much better than

3:43:58the the other board has in the past.

3:44:01You've been

3:44:03And and you deserve that praise. You

3:44:05know, obviously, the audience agrees

3:44:08with me. Now, there are some things that

3:44:11have been brought up that maybe you want

3:44:15to research because

3:44:17Duke Energy has their ideas, the people

3:44:21here have their ideas, and they don't

3:44:24always match. To give you one example, I

3:44:27believe Duke Energy pointed out that if

3:44:30there was a release of liquid natural

3:44:33gas, that it wasn't a fire hazard. It

3:44:36would just go off into space.

3:44:39That's not true.

3:44:41If there is a rupture, there could also

3:44:44be a spark, and that means there can be

3:44:48a fire. When this gas is decompressing,

3:44:52it can cause all sorts of fire and

3:44:55explosive hazards.

3:44:57Use AI on your cell phone and look it

3:45:00up.

3:45:02Now,

3:45:03I know you have a rough job.

3:45:06I am running currently for a

3:45:08commissioner myself because I see so

3:45:11much stuff that just doesn't make sense.

3:45:14I don't understand what the county is

3:45:17doing.

3:45:18Where are you driving this bus? I've

3:45:22accused the other board, the

3:45:24commissioners, of either being um

3:45:29corrupt or incompetent. I've used that

3:45:32words those words a multiple times.

3:45:36I don't understand where they're going.

3:45:38They're not going by the plan that the

3:45:40commissioners have. Hopefully, you will

3:45:44be able to do something about that. Now,

3:45:47let's talk about the big the big picture

3:45:50here.

3:45:51Why is Duke Energy and Progress Energy

3:45:55put Well, not Progress, but Piedmont is

3:45:58pushing so hard for this now?

3:46:02I had a long talk with Mr. Yates, the

3:46:05vice chair. And in fact, there's a

3:46:07couple lawyers here who can attest that

3:46:10we talked, and he actually endorsed me

3:46:13for commissioner.

3:46:15Wasn't that true? I didn't want to

3:46:17answer, but that's fine. So, he actually

3:46:21endorsed me

3:46:23because they want to get this project

3:46:26through. Why the rush?

3:46:29Look at what's going on with the

3:46:31president

3:46:33election going on now.

3:46:35Some people are saying it's going to be

3:46:37a blue wave or a blue tsunami. I don't

3:46:40know. I hope so.

3:46:42But if you are in the

3:46:45fossil fuel business and you're trying

3:46:48to get something done, don't you think

3:46:50you better do it quickly?

3:46:52Don't you think there's going to be a

3:46:54meeting on the 9th of November? And I

3:46:56predict that if you approve this, that

3:47:00they're going to go with everything

3:47:03lock, stock, and barrel. I think Duke

3:47:05Energy and and Piedmont has

3:47:10done what they needed to do to get them

3:47:12on their side and that it's a done deal.

3:47:15Only you can stop them.

3:47:18Thank you.

3:47:25>> OKAY.

3:47:26THAT CONCLUDES OUR public comment time.

3:47:31Thank you for your comments

3:47:34and being so respectful.

3:47:38Um

3:47:43We um

3:47:45as a board need to

3:47:47maybe discuss where we how we go forward

3:47:49now. I know that we're going to want to

3:47:52um

3:47:53give Piedmont the our applicant an

3:47:56opportunity to um

3:47:58respond to some of the things that we've

3:48:00heard.

3:48:01And we'll want to speak into some of

3:48:02those things, I think, ourselves. So,

3:48:05um

3:48:07Let me ask staff. Lady, do you guys have

3:48:10anything you want to add at this point

3:48:11or should we turn the floor back over to

3:48:14the applicant?

3:48:15>> I think that's appropriate to let the

3:48:16applicant

3:48:18answer some of the questions if they

3:48:19have any.

3:48:20>> Does Does Does applicant want to address

3:48:23the

3:48:25board at this time?

3:48:32>> Yeah.

3:48:33Yeah, I I was going to say Chairman

3:48:35Green, absolutely we have, you know, the

3:48:37people here. If there are specific

3:48:40comments from the public that the board

3:48:43would like for us to address, we want to

3:48:45make sure we hit those first.

3:48:50>> One of the things that I heard over and

3:48:52over was the rural

3:48:54characteristics of the property,

3:48:57um disrupting farmland,

3:49:00things like that. Um

3:49:02your site.

3:49:05What is it right now? Is it Is it Is it

3:49:07being farmed? Is it timber? Is it open

3:49:10fields? What does your site look like

3:49:12right now?

3:49:13>> It's a mix of things. There is some

3:49:15agriculture on there. I was out this

3:49:16morning at the area you were talking

3:49:18about right inside the gate. Um and the

3:49:21combines came by.

3:49:23Um they did say it's not been a great

3:49:25crop because of the deer, but it is

3:49:28under There's a portion under farmland.

3:49:30There's a portion that is under forestry

3:49:34and there is a portion that is hunted

3:49:36on. And I believe those are the three

3:49:38uses of which I am aware.

3:49:40>> So, does Does Duke lease that land out?

3:49:42Is it Is it What's going on?

3:49:44>> to to various entities. Yes.

3:49:50>> Um

3:49:52I I'm I've got a couple of thoughts that

3:49:54um

3:49:55came to mind in some of the comments

3:49:58and I learned that um

3:50:00the actual developed area of the site is

3:50:02only going to be

3:50:03300 acres approxima- approximately.

3:50:07And um

3:50:09we've seen this done and sometimes it

3:50:12causes me to

3:50:13question what the sensibility of it, but

3:50:16um

3:50:18I'm wondering if a a partial zoning of

3:50:21the part of the parcel for the developed

3:50:23area

3:50:24would make sense to and then to leave

3:50:27the

3:50:28surrounding portion of the

3:50:31And I'm I'm throwing this out I'm

3:50:32thinking out loud, okay?

3:50:34Um

3:50:35I I'm just

3:50:36wondering if that would be of some

3:50:39benefit.

3:50:40I know that

3:50:44there's a concern about this idea of

3:50:49of calling this a heavy industrial site.

3:50:52And and it's

3:50:53based on what our ordinance says, it has

3:50:56to fall into that kind of

3:50:58classification.

3:51:00If our ordinance had a utility

3:51:02classification, then it would fall into

3:51:04that.

3:51:06But one of the concerns that I know that

3:51:08some folks have about the heavy

3:51:10industrial is that if we zone this heavy

3:51:13industrial, then it may bring additional

3:51:15heavy industrial

3:51:17um uses.

3:51:20Um

3:51:22as someone who has sat here for 10 years

3:51:26for

3:51:27on average 24 nights a year

3:51:30and looked at various projects

3:51:33um

3:51:35I can't imagine heavy industrial going

3:51:38into this area any any other than what

3:51:41we're talking about.

3:51:42Um because there is no sewer there. The

3:51:47there there isn't adequate roads.

3:51:50Um

3:51:51there isn't rail. This is a unique site

3:51:55with a unique situation. So I just

3:51:57wanted to say that to kind of alleviate

3:51:59any concern that we're opening the door

3:52:02to turning this into some sort of big

3:52:04industrial corridor.

3:52:06Um

3:52:08So,

3:52:09I just wanted to get that out there. Um

3:52:12I'm one person talking. I'm not talking

3:52:14for the board, but they're they're

3:52:16welcome to shoot me down anytime. Um but

3:52:20uh that that's just a thought that I

3:52:21shared that hopefully

3:52:24um

3:52:25maybe alleviate some concern in that

3:52:27regard.

3:52:31Don't let me keep talking, guys. Anybody

3:52:33jump in here anytime.

3:52:34>> Well, I I have a question for staff, and

3:52:36you may want to

3:52:38address this with your uh

3:52:40recommendation. Um

3:52:42we we heard a lot from

3:52:45the the natural gas folks and Duke Power

3:52:48folks and and from the public about the

3:52:51land development plan.

3:52:52>> Sure.

3:52:53>> Um

3:52:55>> Very good comments.

3:52:55>> What the

3:52:56right. So, so what

3:52:59Duke Power says is that it's appropriate

3:53:01for them, it works for them, and what

3:53:03the public says it it conflicts with

3:53:06that, and it

3:53:07the land development plan should uh

3:53:10promote and safeguard the the rural

3:53:13character of the farmland. And and I I

3:53:15get both sides. So, my question to you

3:53:17is

3:53:18not to who's right and who's wrong, but

3:53:20what direction does the land development

3:53:24plan steer a project like this? It It

3:53:27does it

3:53:28uh uh

3:53:30Is it more in favor of the farmland, or

3:53:31is it more in favor of the heavy

3:53:32industrial?

3:53:34>> Well, obviously, the land development

3:53:36plan is a document that's that guides

3:53:39tries to guide decisions. It doesn't

3:53:41say, "Use me to stop all development."

3:53:45>> Right.

3:53:46>> It says, "Use me to be responsible."

3:53:48Some and very very astute uh folks using

3:53:52the plan tonight. I've got some of the

3:53:54same policy statements they're using

3:53:57against it for it.

3:53:59Like like

3:54:01protection of water quality.

3:54:03The whole purpose of that 14 14 10

3:54:07protection of water quality. Mr. Perdido

3:54:08used that.

3:54:10And and you know, that doesn't mean you

3:54:12can't develop your property. It means to

3:54:15be responsible and try to protect

3:54:18the assets that you're trying to protect

3:54:20with respect to water quality. The the

3:54:23overall application as a whole and the

3:54:30is designed for preservation.

3:54:33You heard tonight they're going to

3:54:34disturb 500 acres. They're going to

3:54:36probably potentially impact 300.

3:54:39That leaves that leaves 11 to 1300 acres

3:54:44protected

3:54:46under the CZH I nothing can be done on

3:54:48it.

3:54:49It's it's frozen. We've we've already

3:54:51got an instance of this.

3:54:53The old energy United site off of Becky

3:54:57Hill Road 400 and some acres.

3:54:5960 acres was going to be used for

3:55:01cogeneration facilities. It's been out

3:55:04there since 1995. Nothing's happened. No

3:55:07additional

3:55:08industries have come to that site.

3:55:11So

3:55:13the the

3:55:15land development plan is a document

3:55:17that's

3:55:18you make an argument

3:55:20based on the statements to try to guide

3:55:23the the um

3:55:24the decision

3:55:26and

3:55:27a lot of the statements are interpreted.

3:55:29I mean they they really are. Um

3:55:32So I know that dances around kind of

3:55:34your question.

3:55:35>> That's okay.

3:55:36>> But it the you got you have to back up

3:55:39not focus so specifically on a one in

3:55:4210. There's no document that we adopt

3:55:44that says you shouldn't be able to do

3:55:46something with your property.

3:55:47>> Right.

3:55:48>> Uh you just need to do it responsibly.

3:55:51>> Well, then with this being a CZ zoning

3:55:55whatever conditions we put in it like if

3:55:57it's for the liquid gas storage, that's

3:56:00what it has to be for that 1,600 acres.

3:56:02Is that correct or can they put any type

3:56:04of

3:56:05>> The site plan will become part of the

3:56:07record.

3:56:08>> Okay.

3:56:08>> And they what I think they

3:56:11in conversations, they've got a a 500

3:56:14acre impact. They're going to use some

3:56:16of that for laydown. They're going for

3:56:18construction.

3:56:19Uh then the footprint gets smaller upon

3:56:21completion. So, the you know, that's the

3:56:25area that's going to be utilized with

3:56:28the facility that's proposed. The rest

3:56:30of the property

3:56:32you know, y'all could probably ask them

3:56:33to put a condition on it that'll that'll

3:56:35remain in forestry or maybe there'll be

3:56:37some type of agriculture taking place on

3:56:40the fields that aren't impacted. Uh I

3:56:43know that I've heard some talk about

3:56:44that. I don't have any details. I'm not

3:56:46privileged to that information. That's a

3:56:47that's a negotiation between Piedmont

3:56:49Duke and whoever's farming the property.

3:56:52Um but you're you're

3:56:54you're basically if if you decide to go

3:56:56with this, you'd be impacting about 300

3:56:59acres and you'd be preserving whatever

3:57:01else is out there by by this rezone.

3:57:05>> Would it be a whole lot like the Nucor

3:57:08plant where they leased it back to the

3:57:11orange grove farmer?

3:57:13>> The one in Florida?

3:57:14>> Yeah, the one in Florida. And they they

3:57:16continue the

3:57:18got the orchard there and using land

3:57:21back. They just leased it back. I mean,

3:57:22it could be the same

3:57:24same

3:57:25deal with the

3:57:26>> Potentially, yes. I mean, I I can't

3:57:28speak for the applicant, but

3:57:30>> Well, one of the things one of the

3:57:31things that concerned me, a lot of the

3:57:32conditions we was talking about, you

3:57:34kept referring back we'll have to

3:57:36discuss it with

3:57:38Duke Power or

3:57:40>> With Natural Gas.

3:57:41Um

3:57:43So concerns me of

3:57:47voting on something when we don't have

3:57:50conditions nailed down.

3:57:52>> That was my thought.

3:57:53>> Um because because you're wanting to go

3:57:55back to them and you know, if we we

3:57:59agreed to this thing,

3:58:01there's nothing nothing etched in stone

3:58:04as far as conditions on this thing.

3:58:06>> And Mr. Hayworth, I'd say I think if we

3:58:08took a maybe a 10-minute recess, that's

3:58:10what I meant when I said I need to talk

3:58:12to the folks behind me. People who can

3:58:14make the decisions are here this

3:58:16evening. So that you I just can't commit

3:58:19to them.

3:58:20As the lawyer, I cannot commit to them.

3:58:22Then they do require some engineering

3:58:24conversations. We made sure we had the

3:58:26right people in the room.

3:58:28Because again, we hoped to get to this

3:58:30point of having a conversation about

3:58:33conditions.

3:58:34>> Okay.

3:58:34So we

3:58:35>> And so

3:58:35>> Let's um

3:58:38Folks, please.

3:58:40>> Um

3:58:42This

3:58:43the the comments from the audience at

3:58:45this point are not helpful. Okay? And

3:58:49and you really don't help your cause.

3:58:51So just allow us to do what we need to

3:58:53do.

3:58:54I want to

3:58:56um

3:58:58For for those who don't understand

3:58:59because we've been given a lot of credit

3:59:01here, uh

3:59:02Mr. Slupetzki, so we're the last

3:59:06I don't can't remember your exact words,

3:59:08but if I thought me and you were not

3:59:10we're not the

3:59:12we're not the folks here manning the

3:59:14gate per se, okay? We we are a small

3:59:18part

3:59:19in a big decision.

3:59:21Uh and our and actually our part is very

3:59:24technical.

3:59:25We are a technical committee.

3:59:28We are not a decision Well, we are

3:59:31decision-making, but we are not the

3:59:33deciding committee. We are only going to

3:59:35make a recommendation.

3:59:37Okay, that's what we're working to do

3:59:39and that's what This has to be worked

3:59:42out. We've heard from you. We've heard

3:59:43from the public and I hope you recognize

3:59:46that we didn't hold you to 3 minutes. We

3:59:48gave everybody an opportunity to have

3:59:50their say.

3:59:52Now we would like to

3:59:54work through this and we have to do this

3:59:57between the applicant and ourselves.

4:00:00By all means stay observed and um

4:00:05And and I will add this.

4:00:07You're going to get another bite at the

4:00:08apple. So to speak.

4:00:10The commissioners will hear you on this

4:00:13matter. So if you would just help us by

4:00:17letting us work through this. Okay?

4:00:20Um

4:00:24All right. Um I want to make sure that

4:00:26we give you our concerns so that as you

4:00:29do huddle up and and talk about it that

4:00:32we've done that.

4:00:34Uh you heard the things that we talked

4:00:36about earlier.

4:00:38Um

4:00:40And they're the

4:00:41I'm I'm going to back up again and say

4:00:43this.

4:00:44Um

4:00:46All

4:00:48All of the um

4:00:49concerns that we heard

4:00:52are all valid. They're very important

4:00:55considerations.

4:00:57Um

4:00:59But I'm I'm thinking about the list of

4:01:01regulators that you folks must be

4:01:04looking at.

4:01:06>> Yes.

4:01:06>> It It's It's extraordinary. I I know

4:01:09from being in the business, you know,

4:01:12the division of water quality, the

4:01:14division of air quality.

4:01:16Um

4:01:17I mean, it goes on and on and on. I know

4:01:20that. Land quality. Uh those are the

4:01:23state agencies. There's federal agencies

4:01:25involved.

4:01:27Those people have a lot more authority

4:01:30and say-so in

4:01:33than we do

4:01:35in that regard, in those matters. Now,

4:01:37I'm not saying that it's not that we

4:01:39shouldn't consider them. We do. We We We

4:01:41want to hear it. We've We're going to

4:01:43consider it.

4:01:46Um

4:01:47and I'm sharing This is me talking. I'm

4:01:49not talking for the board here. I I I

4:01:51welcome any of them to correct me, okay?

4:01:54You guys know that.

4:01:55But, um

4:01:57we are trying to look at this from a

4:01:59suitability standpoint, okay? So, that's

4:02:02that's where I think most of our focus

4:02:04will be.

4:02:06And we'll have to rely on the folks who

4:02:09are

4:02:10looking at some of those more specific

4:02:12areas, the air quality people and

4:02:14so on

4:02:16for them to do their jobs because

4:02:18they're the people who have the

4:02:19expertise to do it.

4:02:21Okay? That's I'm just wanting to

4:02:23give credit where credit's due and

4:02:25responsibility where responsibility is

4:02:27due.

4:02:29So, with that in mind, uh board, I I

4:02:32want to make sure that we have shared

4:02:35with uh Ms. Rawson, her team

4:02:38uh the things that we want them to be

4:02:39considering and that we want to see

4:02:42different about the conditions.

4:02:45>> We should make a list.

4:02:47>> I I've got a I've got a

4:02:49kind of rough list here that I picked

4:02:52pulled out and and please help me if

4:02:54it's not complete. Uh

4:02:56some language with respect to down

4:02:59shielding and lighting

4:03:01uh for the whole facility with some some

4:03:03type of language for that. Um

4:03:06wanted to discuss a 20-ft berm along the

4:03:09property line there along Callahan Hill

4:03:12Road to between the ERC and the buffer

4:03:17and a 300-ft setback for the ERC from

4:03:20the property lines is what I heard.

4:03:22Um

4:03:25traffic plan.

4:03:26I heard a lot of concerns, but nothing

4:03:28really specific about about a traffic

4:03:30plan,

4:03:31details of equipment, and the timing,

4:03:35and and maybe some language about the

4:03:37switch from Callahan Hill Road to the

4:03:39Giles Road entrance. When in the process

4:03:42would that new entrance be

4:03:46ready for uh

4:03:47ready for access to get the get the

4:03:51you know,

4:03:52traffic off of Callahan Hill.

4:03:54Um that's

4:03:56that's what I had. Please help me if

4:03:58I've missed something.

4:04:00>> I wouldn't mind them looking into

4:04:02the existing land that's not going to be

4:04:04used that's in farming now

4:04:06>> be preserved.

4:04:07>> that it be preserved back into farming

4:04:09and continuing agriculture.

4:04:14Cuz we're losing agricultural land

4:04:16every day in North Carolina. So, it'd be

4:04:19nice if there was some way to

4:04:21That's some very fertile river bottom

4:04:23land. It'd be nice if there was some way

4:04:25to preserve it so it'd stay in

4:04:26agriculture.

4:04:29>> I've got

4:04:31>> Go ahead. I'm sorry.

4:04:32>> There was some discussion about moving

4:04:34the What was the acronym?

4:04:36>> ERC

4:04:37>> ERC facility.

4:04:38>> Yeah. I would really like to

4:04:40>> inside a little more or reposition. Uh I

4:04:43I don't know if we want to have

4:04:46uh that discussion again or or or

4:04:48request that that be moved further away

4:04:51from the Callahan Hill.

4:04:53Uh uh

4:04:55road.

4:04:56>> Yeah, my two biggest concerns with

4:04:58conditions is the proximity of the ERC

4:05:00to residential.

4:05:02And

4:05:05I I I want very very like promised very

4:05:09little

4:05:10uh traffic impact on Callahan Hill Road

4:05:14during construction. I mean, very

4:05:15minimal. And that even after post

4:05:18construction that that is used only for

4:05:20emergency access. It will never be used

4:05:23for any other access to the facility.

4:05:30>> Um I really think I mean I drove out

4:05:32there and

4:05:34man, if I live there

4:05:36and that the construction know one

4:05:38construction like I do and dealing with

4:05:40that

4:05:42we're not we're not doing the folks that

4:05:44live on Callahan Hill Road justice by

4:05:47not regulating that.

4:05:50>> Um

4:05:51I do have one question for you that we

4:05:53really haven't discussed. Um

4:05:59underground

4:06:01under the river

4:06:02>> Yes, sir.

4:06:02>> to Davie County

4:06:04>> Yes, sir.

4:06:04>> Uh

4:06:06how is that a pipeline? Is that a

4:06:07tunnel? Is it

4:06:09big enough to walk through? What what

4:06:11what's what you What do you have planned

4:06:12there?

4:06:13>> Sure.

4:06:14I'm going to turn to the people behind

4:06:15me so that they can

4:06:17they can technically exchange it

4:06:20explain the HDD in terms of the sizing,

4:06:24the distance back from the river, the

4:06:26lack of impact so that you're hearing it

4:06:28from them and I'll remind you to

4:06:29introduce yourself, Billy, cuz it's your

4:06:31first time.

4:06:32>> Yes, ma'am. So, I'm Billy Waldridge,

4:06:35Piedmont Natural Gas in Charlotte.

4:06:37So, the the process for getting under

4:06:39the river it it will be a pipeline.

4:06:42Um and the process for that is a

4:06:45horizontal directional drill. We refer

4:06:48to it as an HDD. So, what that allows us

4:06:51to do is drill under the river

4:06:54with a curvature deep under the river

4:06:58and come out on each side.

4:07:00>> How big a pipe?

4:07:03>> 30

4:07:03>> 30-in

4:07:04>> Okay.

4:07:05>> How deep How deep would you be digging?

4:07:07>> So, that is So, what we have to do to

4:07:11design that is we'll do geotech bores on

4:07:14each side of the river so that we

4:07:16understand the subsurface conditions

4:07:19Uh where the rock layers are, the clay

4:07:21layers, etc. So that we can properly

4:07:24design that.

4:07:25So I don't have an exact number, but a

4:07:27typical

4:07:29100 to 200 ft below that river.

4:07:32>> Wow.

4:07:34So does the does this process

4:07:37alter the geomorphology

4:07:39of the river or the the

4:07:41>> No, sir.

4:07:42>> cross-section of the riverbed in any

4:07:43way?

4:07:44>> it's well under the riverbed.

4:07:48>> Uh I mean, I've I've seen lots of

4:07:50borings done under creeks and

4:07:53larger

4:07:55uh tributaries and things. Um and I I've

4:07:58that's been my observation, but I I I

4:08:01haven't seen one of this magnitude.

4:08:08Um

4:08:09I'm sure during your construction we

4:08:11haven't talked about uh

4:08:13soil debris and DEQ requirements. You'll

4:08:16protect the river from any

4:08:18uh

4:08:19>> Absolutely. Uh you know, there'll be a

4:08:21robust Sorry to interrupt you. Yeah,

4:08:24there'll be a robust uh environmental

4:08:26design, silt fence, sediment basins,

4:08:29etc. Also, setbacks from spoil piles I

4:08:33think is what you're referring to. Uh

4:08:35setbacks so that you're not storing soil

4:08:38piles uh near waterways or rivers.

4:08:42Uh so yes, sir, all of that will be in

4:08:44place and all that would be permitted by

4:08:47uh DEQ. Uh and of course we will follow

4:08:49that plan.

4:08:53>> I know you don't know exactly, but about

4:08:55how long is that line going to be?

4:08:58I'm thinking

4:08:59Do you remember, Neil,

4:09:00how long that line is? 7

4:09:03>> Uh 3 miles.

4:09:04>> 3 miles.

4:09:12>> The if the question is from origination

4:09:14point at Transco to Duke site, about 3

4:09:16miles.

4:09:17>> Okay.

4:09:18You're not going to bore it the whole

4:09:20way. You just bore it under the river.

4:09:21>> That's correct.

4:09:22>> Correct.

4:09:24Do you So you're not going to run

4:09:26longitudinally with the river? You're

4:09:28going to try to make a direct horizontal

4:09:30crossing?

4:09:31>> Correct.

4:09:31>> Well, cuz I looked at your your

4:09:33alignment and you don't have property

4:09:35directly across the river from you. So

4:09:37are you going to acquire new property or

4:09:40right-of-way? Or what How does that

4:09:42work?

4:09:44>> What What is the property there in the

4:09:46area?

4:09:47>> Um

4:09:49where we cross under the river,

4:09:52Duke doesn't own that property

4:09:54on the other side.

4:09:58That's the question.

4:10:00>> My apologies. That's the question.

4:10:01>> Unless I misread the

4:10:03the property maps, it's it looks like

4:10:06there's an offset

4:10:08between

4:10:09your property and the Duke property, so

4:10:11that once you pass

4:10:14going down river, you pass your

4:10:16property, there's going to be a

4:10:18period of maybe a thousand feet, I don't

4:10:20know,

4:10:21where

4:10:22before you get to the Duke property.

4:10:24>> On On the Davie County side of the

4:10:25>> On the Davie County side.

4:10:27>> Yes, sir. Um my understanding is Duke

4:10:29Energy is looking at that property as

4:10:31well. Uh my understanding is their

4:10:33desire is to try to acquire property

4:10:36between those two that's not currently

4:10:37owned.

4:10:39>> So that you make a a horizontal So that

4:10:42we can

4:10:42>> The perpendicular is the word.

4:10:43>> Correct.

4:10:44>> Yes. Yes, sir.

4:10:45>> Minimize Minimize any exposure to the

4:10:47river by being as perpendicular as you

4:10:49can.

4:10:49>> That makes a lot more sense.

4:10:51>> And if Duke doesn't acquire that land,

4:10:54what does that mean for your project?

4:10:57>> For us, it would be easements, but

4:10:59there's uh the high voltage wires as

4:11:02well that have been discussed that need

4:11:03to cross over to feed our plants as

4:11:05well. So our belief is that we could

4:11:07co-locate in that same corridor. So,

4:11:10wires and associated high voltage

4:11:12pipeline as well.

4:11:15>> Is the property that you're talking

4:11:16about

4:11:17directly west of where the facility is

4:11:21going to be?

4:11:22>> It's roughly right there.

4:11:23>> You're not talking about disturbing the

4:11:26rest of this, you know, running the

4:11:27pipeline south and back around

4:11:30>> No, our current plans would be that our

4:11:32pipe would stay north of Mill Creek and

4:11:35cross somewhere in that general area of

4:11:37the property from Davidson into the day.

4:11:38>> Got you.

4:11:43Transco crosses the Yadkin River.

4:11:46>> It does.

4:11:47>> Can you tell me where that's at? I think

4:11:48I know, but

4:11:52It's south of Boone's Cave Park.

4:11:54>> Yeah.

4:11:54>> Okay, yes.

4:11:56>> What Is it underground as well?

4:11:58>> Yeah, they go under the river, same way

4:11:59they're going to do it.

4:12:00>> Yeah, so

4:12:02Williams Transco originates in the Gulf

4:12:03of Mexico and ends within sight of New

4:12:06York City, as I understand it. So,

4:12:08multiple river crossings, multiple

4:12:10pipelines in that same corridor.

4:12:12We're proposing the same technology they

4:12:14used to install their recent lines.

4:12:15>> Right.

4:12:18Okay.

4:12:19Thank you.

4:12:23>> I'm all well.

4:12:24>> You I have nothing else.

4:12:25>> Nothing else?

4:12:27>> Not yet.

4:12:28>> Yeah?

4:12:29>> Give me your thoughts on that.

4:12:31>> Let's give them time to talk and

4:12:33>> I will say the list that um Lee called

4:12:36out and the other things you've added to

4:12:37it are in alignment with my notes from

4:12:41the conditions that

4:12:43um we were discussing through the

4:12:45conversation.

4:12:47>> Okay.

4:12:49We might take a uh

4:12:51You want You'd like to have a

4:12:52few minutes to talk?

4:12:53>> Yes, sir.

4:12:54>> And uh at this hour, you guys want to

4:12:56take a little 10-minute break and then

4:12:57come back and go at it a little more?

4:12:59>> Be fine. Just trying to get it over

4:13:01with.

4:13:02>> Was that 10 minutes?

4:13:03>> 10 minutes. We will we will reconvene at

4:13:06um let's

4:13:10Let's would like to get restarted.

4:13:12Um

4:13:15And um by way of

4:13:18I I know that Ms. Ross is I think ready

4:13:21to respond. I'm just thinking in terms

4:13:24of um

4:13:25organizational

4:13:27organizationally should we just take the

4:13:31the um

4:13:33conditions and run down through them uh

4:13:35one by one or uh or we just want to take

4:13:38the specific ones we called out. What

4:13:40What do you recommend, Lee?

4:13:41>> I I think we should let Ms. Ross respond

4:13:43to the inquiries that the board had and

4:13:46see what input they have and then we can

4:13:49formulate a list of conditions so

4:13:51everybody be on the same page.

4:13:53>> Sounds good. Works for me.

4:13:55>> All right. Thanks, Lee.

4:13:56>> Mhm.

4:13:57>> Ms. Ross.

4:13:58>> Thank you, Chair.

4:14:00Um the first one that was on my list was

4:14:02with respect to lighting.

4:14:03Um understanding the concerns and as

4:14:06we've talked about there's a light

4:14:07lighting study that is ongoing to

4:14:11even more look at lighting than maybe we

4:14:13were previously. We've always thought

4:14:15about lighting.

4:14:16But doing that extra work, we would be

4:14:19um amenable to a condition that required

4:14:22that um permanent lighting re

4:14:24that permanent lighting require was

4:14:26required to be down shielded as

4:14:29developed by a third-party expert so

4:14:32that you're not hearing that from us.

4:14:35But we are we absolutely accept the

4:14:37condition that the lighting be down

4:14:40shielded.

4:14:43>> Could Could I also add

4:14:46add that um

4:14:48and I know

4:14:49maybe um

4:14:51I thought there was someone here that

4:14:52could speak to this, but I I think that

4:14:55uh are lighting fixtures whereby you do

4:14:57not see the the light source. Yeah.

4:15:01Like the bulb, it it's shielded enough

4:15:03that the only way you're going to see

4:15:04the actual source of the light is you

4:15:06kind of got to get up underneath it.

4:15:09That's kind of what at least I have in

4:15:10mind.

4:15:11>> Yeah, me too.

4:15:12>> Um

4:15:13and so I would just

4:15:15I don't know that we write that in, but

4:15:16that's what I want to convey.

4:15:18>> I would suggest that it be directed to

4:15:21the the lighting expert that

4:15:25the best available lighting technology

4:15:27to

4:15:28ensure that lighting stays on the

4:15:30property

4:15:31is down shielded. Again, I think this

4:15:34was Lee's someone's point earlier, not I

4:15:38think it was this the data center text

4:15:39amendment, not tying us to a specific

4:15:43technology when there might be a better

4:15:44one by the time we get there.

4:15:47Um so that would be my recommendation is

4:15:50that

4:15:51the lighting plan that comes in at

4:15:55a building permit stage for the ERC or

4:15:58building permit stage for the LNG,

4:16:01right? Or with the SUP for the LNG,

4:16:04that it be a lighting plan that that

4:16:07meets the requirements of down shielded,

4:16:10lowest possible light pollution

4:16:13for permanent light fixtures,

4:16:15and a plan that's subject to staff's

4:16:16approval, as everything would be at that

4:16:19stage.

4:16:22>> Um

4:16:25Uh

4:16:26I I want to

4:16:27I want to eliminate light pollution.

4:16:29>> Okay. Well, let's use those words.

4:16:31>> I I want to keep it but I don't want any

4:16:33pollution.

4:16:34>> Eliminate Eliminate light pollution to

4:16:36the maximum extent practical and

4:16:38possible.

4:16:38>> Okay. That That's what I want to

4:16:40achieve.

4:16:41>> I hear you now.

4:16:42>> That's the performance standard that

4:16:43we're after is to eliminate light

4:16:45pollution.

4:16:46>> Right. And And when we say pollution,

4:16:47we're talking about light that's spilled

4:16:48out away from where it should be and on

4:16:51to other properties.

4:16:53Um

4:16:54that that obviously is um

4:16:57from a ground perspective, but also uh

4:17:00you know, we want to protect the night

4:17:01sky. I live out in the country. Heck, I

4:17:03live if you draw a straight line between

4:17:05Buck and this proposed facility,

4:17:08I'm pretty close to the line.

4:17:10So, you know, I I enjoy the night sky

4:17:13and I want to do what we can to protect

4:17:15that. So.

4:17:16>> Then I think those are the words we

4:17:17should use in the in the condition and I

4:17:19appreciate the exchange to get there.

4:17:21>> Okay.

4:17:22>> Um whether that's down shielding or best

4:17:24technology, but the goal is to

4:17:26eliminate light pollution to the extent

4:17:30practical as determined by a third-party

4:17:33expert lighting report that is approved

4:17:35by staff.

4:17:37That that's my proposal. But

4:17:41>> Okay.

4:17:42>> I just want to make sure they're

4:17:43operational conditions, but Lee, feel

4:17:46free to jump in if that's not language

4:17:49that that you think allows it to be

4:17:51operational.

4:17:57>> I think we

4:17:59I can't expect you We have to

4:18:03setting a standard

4:18:05of how you want this condition to

4:18:07perform

4:18:08um

4:18:11is probably the closest we're going to

4:18:14be able to get

4:18:15to a functional condition.

4:18:18Um

4:18:19eliminating light pollution

4:18:22by whatever means necessary.

4:18:25That that's

4:18:26>> What defines light pollution?

4:18:28>> Well, I would say

4:18:30>> this thing to death.

4:18:32>> I would say probably no direct You

4:18:35shouldn't ever see any direct

4:18:36illumination

4:18:38um

4:18:40from off site.

4:18:41>> What about amber lighting?

4:18:44>> So, I mean um

4:18:47I mean, what constitute what lumens

4:18:49constitute light pollution?

4:18:51Lumens is the measurement of light.

4:18:54I mean

4:18:55I cuz I agree

4:18:56>> Nobody Nobody here has got that

4:18:58expertise.

4:18:58>> Right. But, if you technically you're

4:19:00trying to do this and set a standard

4:19:02without a number

4:19:05it's subjective.

4:19:08>> Um

4:19:09>> I think that's why I would offer to you

4:19:11a a

4:19:12a third

4:19:13>> Third party lighting

4:19:13>> a lighting expert that does set that set

4:19:16that standard.

4:19:22>> Well, I thought we were I thought we had

4:19:26I don't I I don't expect the impossible.

4:19:29Yeah, but

4:19:31to say we we don't want any light

4:19:34pollution because pollution is something

4:19:36that somewhere you don't want it to be

4:19:38in my mind.

4:19:40And we want it contained to the place

4:19:43that you want lit that you want to have

4:19:46lit,

4:19:47but not affecting somebody else. So,

4:19:50that's what I have That's what I'm

4:19:51bearing in my mind and I think I've seen

4:19:53that in other places.

4:19:57It wasn't in heavy industrial places,

4:19:59but I mean

4:20:01>> I have I'm like you. I've been places

4:20:04where you just suddenly drive up on it

4:20:06and there's light there, but you didn't

4:20:07really see it till you got right up on

4:20:09it.

4:20:09>> Yeah.

4:20:10>> Yeah.

4:20:11>> So, um

4:20:14I'm not sure what the language needs to

4:20:15be.

4:20:16Um

4:20:20I mean, I appreciate your willingness to

4:20:22>> Absolutely.

4:20:23>> Yeah, we we we'll work this out. We'll

4:20:25figure it out.

4:20:27>> Yeah, I I've been on that side of this

4:20:29equation. Uh uh and so I know having

4:20:32something that can be

4:20:34you know, we can be accountable to is

4:20:35important in the words. Um and I think

4:20:38that's

4:20:39maybe what we're most struggling with is

4:20:41having something that's measurable.

4:20:44>> Wow, cuz that's that's the only way we

4:20:46can enforce anything.

4:20:47>> And it admittedly we often go to

4:20:51the experts in the field

4:20:53that the county's also comfortable with,

4:20:56right? It's not It's not

4:20:58P&G people

4:21:00who say, "This is This is how you

4:21:02accomplish that."

4:21:05That's why I go to the the third party,

4:21:07you know, lighting person.

4:21:09>> True.

4:21:09>> Which is where I say if the

4:21:11if the

4:21:12direction to them is

4:21:17to reduce light pollution, to eliminate

4:21:19light pollution

4:21:21that's the direction to them, they have

4:21:23to decide how it's done.

4:21:25>> I'd like to use that I'd like to keep

4:21:27that term eliminate light pollution

4:21:30if possible, if that's agreeable.

4:21:34If if a if a third-party expert comes

4:21:36back to us and says, "Well, that's an

4:21:38impossible standard." Then then we have

4:21:40a something to negotiate at that point.

4:21:44Does that

4:21:45I can tell Lee doesn't like that idea.

4:21:48>> No, I'm I'm trying to trying to

4:21:50problem-solve and and I I don't

4:21:53I'm spinning my tires and you you see

4:21:55the smoke coming out of my ears.

4:21:56>> Well, it's it's early in the evening,

4:21:58Lee. I mean, you know.

4:22:01I mean, I I wouldn't know whether it's a

4:22:03good condition until I see what the

4:22:05third-party individual asks them to do.

4:22:07>> Eliminate light pollution based on

4:22:09third-party

4:22:09>> Third-party observation of the

4:22:11>> To the fullest extent possible. I mean,

4:22:13I I don't know that you can eliminate it

4:22:15100%

4:22:17>> Right.

4:22:17>> but but

4:22:18to the fullest extent possible

4:22:20eliminate light pollution to the fullest

4:22:22extent possible, that means they would

4:22:25ask the applicant to to to take extreme

4:22:28measures

4:22:29to to downlight this stuff and not have

4:22:31any direct illumination other than where

4:22:33it's supposed to be. That's That's about

4:22:35as

4:22:37That's about as specific as you can be.

4:22:40Um with with

4:22:42conditions cuz illuminate to you may

4:22:44mean something that does illuminate to

4:22:46me.

4:22:47>> Well, it's kind of like the sound thing.

4:22:50We just like data centers, we set the

4:22:52sound at a certain decibel.

4:22:54Um obviously, if we had the right expert

4:22:56here or something that you can define

4:22:58what lumens at a certain distance from a

4:23:01property line is considered light

4:23:02pollution.

4:23:04But I know I don't think anybody here,

4:23:07including myself, is capable of actually

4:23:09saying what that number is cuz I

4:23:11couldn't even tell you how many lumens

4:23:13this light bulb is putting out.

4:23:14>> I couldn't tonight.

4:23:15>> Yeah, it's a little brighter than it has

4:23:17been in the

4:23:18But

4:23:20I feel like

4:23:21I feel like with what we're trying to

4:23:23do, that is the only quantitative number

4:23:25that can be used to to dictate what this

4:23:28standard should be.

4:23:30Um I don't know how to get there tonight

4:23:32with that.

4:23:34But I feel like

4:23:35that is the only way to actually hold

4:23:37anyone accountable. That gives them a

4:23:39goal

4:23:40to reach with their light pollution, and

4:23:43it gives us a standard to hold them to.

4:23:46That's the only way is to have that

4:23:47number.

4:23:51Um

4:23:52>> I would propose the standard we would be

4:23:54asked to be held to would be to engage

4:23:56that expert to tell us what that is and

4:23:58then to design a facility that meets it.

4:24:03I think that's what the expert does.

4:24:05>> It does. That's how you can do.

4:24:07>> Yeah.

4:24:08>> Yeah. I mean, it's a little bit like the

4:24:10sound. Here's Here's the level. We're

4:24:12telling you to have design to it, and

4:24:14then they're going to they're going to

4:24:15check it after, and if they didn't meet

4:24:17it, they're going to more to meet it.

4:24:19Here, we're saying have the expert tell

4:24:21us what the limit is and design to it.

4:24:24>> If we're setting conditions tonight

4:24:25without a number,

4:24:29how does that work?

4:24:31>> Well, I mean, we we do it all the time.

4:24:33>> Well, at least she did say that to

4:24:36staff's approval.

4:24:38So,

4:24:40you know,

4:24:41I guess

4:24:43staff has the final word after you

4:24:45>> If your staff is not satisfied with the

4:24:47report that our expert prepares, then we

4:24:50would not have satisfied the condition.

4:24:53I mean, that's

4:24:53>> Staff's willing to take on that

4:24:55responsibility.

4:24:58How long do you think it'll take to to

4:25:00get some type of study done, Catherine?

4:25:06>> I would say

4:25:08in the abstract, probably two to three

4:25:10months, but I think part of what you

4:25:12want is someone who's going to look at

4:25:15the design of the facility as it goes

4:25:17along, cuz someone might be able to set

4:25:20the standard

4:25:22in two or three months looking at the

4:25:24use and and the area. I mean, it's going

4:25:26to it's going to be a study.

4:25:29Reggie's study took that long.

4:25:31>> Yeah.

4:25:31>> Um

4:25:34actually saying what lighting the

4:25:36lighting plan, I don't think that comes

4:25:39to building permit, because that's when

4:25:40there's final design. You know, there's

4:25:42micro-siting, there's slight

4:25:44adjustments,

4:25:45you know.

4:25:46>> Yeah.

4:25:47>> This is a this is a rezoning.

4:25:49>> Yeah.

4:25:49>> Right? It's not the final design.

4:25:52So,

4:25:54if you want if the condition is that we

4:25:56provide a lighting report that sets a

4:26:00standard within

4:26:04give us 90 days of approval, sure. We're

4:26:06We're not looking to building building

4:26:08permits in

4:26:10you know, 60 days subject to me being

4:26:13told I'm wrong.

4:26:14No. Um I know I'm not. Um so, if you

4:26:18want to if you want a report that sets a

4:26:20standard in 90 days, great. And you want

4:26:22a second condition that says

4:26:23we will have a lighting plan and meets

4:26:25that standard, fine.

4:26:28>> Can we Can they bring that to the staff

4:26:30and then the staff bring it to us?

4:26:32>> It's up to the comfort level of this

4:26:33board. I mean, we we can obviously look

4:26:35at the at the lighting plan and if it's

4:26:39if it's asking the applicant to do

4:26:41use extreme measures,

4:26:43you know, we don't have the expertise to

4:26:45say this isn't a good plan.

4:26:47>> Yeah.

4:26:48>> You know, and and if that if plan should

4:26:50include

4:26:51the forecasted lumens that would

4:26:54potentially a

4:26:55>> escape or if there is a standard

4:26:57of light pollution in lumens at the

4:27:00property line,

4:27:01uh

4:27:02you know, make sure that you're below

4:27:04that or or

4:27:05>> And we have the You would have the

4:27:06oppor- your staff would have the

4:27:08opportunity to talk to the consultant to

4:27:10determine

4:27:11the same way you've had the opportunity

4:27:13to hear from other people this evening,

4:27:15Amy,

4:27:16Preston, Jamie, Marshall, Reggie. You

4:27:20know, this is the standard. This is what

4:27:22we did. This is how the design meets it.

4:27:25I mean, that same It either does or

4:27:27doesn't meet it. It either does or

4:27:29doesn't meet the standard. But the

4:27:31standard has to be determined by an

4:27:33expert, not us.

4:27:35>> I'm okay with that.

4:27:37>> That's for me.

4:27:39>> Uh okay.

4:27:41You good?

4:27:42>> Yeah.

4:27:43>> Yeah.

4:27:43>> Okay.

4:27:45Um

4:27:49if each one of our items

4:27:52goes this long, then we we may want to

4:27:54reconsider uh getting this done tonight.

4:27:56But we'll we'll we'll soldier on for

4:27:58now.

4:27:58>> Okay.

4:27:59>> Let me try. We'll see what I think might

4:28:01might be a slightly shorter one.

4:28:04>> Yeah,

4:28:05let me just interrupt you just a minute,

4:28:06Ms. Ross. Um

4:28:08we've heard from the public and so I'm

4:28:10going to let you uh

4:28:12Hold your hand up if you want, but we're

4:28:13not going to have a give and take here,

4:28:15okay? With all due respect,

4:28:17um I just hope you understand this

4:28:21>> I know people with them. They brought a

4:28:22bunch of

4:28:23people who are complaining.

4:28:25going to do what we're going to do,

4:28:26okay? I just thank you for um

4:28:29allowing us to do that.

4:28:32Okay.

4:28:33>> So, with respect to I want to make sure

4:28:35I don't hit anyone's ears. With respect

4:28:37to here by the ERC

4:28:40that's been a lot of the discussion.

4:28:42The request as we heard it was

4:28:46for

4:28:47a 300-ft setback from the from the ERC

4:28:51with a 20-ft berm.

4:28:57The ERC

4:28:59is currently set back from the property

4:29:02line

4:29:03approximately 400 to 450 ft. I think

4:29:07it's 450. It's not a straight line,

4:29:10right? Some places it's 500 and

4:29:11something, but the closest point.

4:29:16We would

4:29:18the

4:29:19300-ft setback doesn't

4:29:21just being transparent, right? That

4:29:23doesn't That doesn't

4:29:24We're already there, right? So, just

4:29:26want to make sure we're transparent on

4:29:28that. You'd asked the question, we got

4:29:29the data, we do have it. I wanted to

4:29:31make sure we confirmed it.

4:29:34What we would do is agree to the berm

4:29:37and we would agree to the three the the

4:29:40buffer being up to 300 ft, but the berm

4:29:43would be within that 100 ft.

4:29:48And then around it, wherever the berm is

4:29:50not, there would still be the 300-ft

4:29:52vegetative setback. And again

4:29:55it would be along the eastern wall of

4:29:58the ERC. I mean, not along the wall, but

4:30:01along that property line.

4:30:03>> So.

4:30:04>> You good?

4:30:05>> Okay, so three 300 for clarity, point of

4:30:08clarification. You're you're now

4:30:09proposing

4:30:10>> a 300 setback for

4:30:12>> Right right here along this property

4:30:14line.

4:30:14>> Mhm.

4:30:15>> 300-ft vegetative buffer.

4:30:17>> Yes, sir.

4:30:17>> Okay.

4:30:18300-ft vegetated buffer.

4:30:20>> And a 20-ft berm along

4:30:23the

4:30:24eastern

4:30:26What would What would be equivalent to

4:30:27where the eastern wall essentially is?

4:30:29>> What would So, the berm would be between

4:30:31the 300-ft buffer and the ERC?

4:30:34>> It would be in that 100-ft of the

4:30:37300-ft.

4:30:39>> Of the 400-ft.

4:30:42We don't want the 300-ft to contain the

4:30:44berm. We want the berm

4:30:47west of the 300-ft.

4:30:49>> All right.

4:30:50>> If you're walking from this property

4:30:52line

4:30:53>> Yep.

4:30:53>> If you're already 400-ft, then that last

4:30:56100-ft should have the berm.

4:30:57>> If you're walking from this point

4:30:58towards the ERC, what are you going to

4:31:00experience? You're going to experience

4:31:01how many feet of trees?

4:31:04>> From the property line towards towards

4:31:06the ERC is

4:31:07you would have

4:31:10300-ft of trees.

4:31:11>> Okay.

4:31:12>> But for where the berm is

4:31:16>> So, you want the berm in that 300-ft?

4:31:17>> The berm is not going to be that whole

4:31:19property line.

4:31:20>> No. No.

4:31:20>> The berm is going to be a portion of

4:31:22that property line, so the

4:31:23>> Right. Where the ERC is.

4:31:25>> Within that 100-ft

4:31:28that we're offering to do extra of the

4:31:30buffer.

4:31:31So, you get more trees around that whole

4:31:33property line. And then at the point

4:31:35where I think the most concern is to the

4:31:38residences that are there on Amy Drive

4:31:41to the I say to the east, you know, in

4:31:45line with the eastern wall of the ERC.

4:31:48It's not going to be up against the ERC

4:31:50cuz that doesn't That doesn't add value.

4:31:53It's going to be away from the ERC

4:31:55towards the property line. So, you'd

4:31:58have the 300-ft

4:32:00buffer all here.

4:32:04And then

4:32:05a portion of that 300-ft buffer there

4:32:08would be a berm

4:32:09in the 100-ft

4:32:12west of the 200-ft trees.

4:32:15That

4:32:16please.

4:32:16>> So, if you're already at 400 ft, you're

4:32:19you're decreasing

4:32:20the buffer?

4:32:21>> No, that that the ERC would We're We are

4:32:23at 450

4:32:24>> This stays where it's at.

4:32:25It This stays where it's at. Yeah.

4:32:27>> We're We're We'll steer that fossa back.

4:32:29>> So, so just

4:32:32Just so we're clear, too. We're talking

4:32:33about a 20-ft high berm. So, you're

4:32:36talking about a probably a 90-ft

4:32:38footprint

4:32:40in width.

4:32:41So, I guess you You know, you know,

4:32:42that's an easy one.

4:32:44Uh maybe 100, depending on how you shape

4:32:46it.

4:32:47Um

4:32:48I'm not sure how we arrived at 20-ft

4:32:50height. I'm just want to make sure that

4:32:51that's adequate.

4:32:52>> Yeah, it's just a number we threw out.

4:32:54>> Okay. Uh

4:32:56maybe you can answer this. Um

4:32:58I'm sorry. You I'll let you go.

4:33:00>> The only And I know I know caveats are

4:33:03rough, but the only caveat that

4:33:05unfortunately have to put on this one is

4:33:07that it has to be pursuant to permitting

4:33:10allowance because as as

4:33:13the board stated earlier, we are subject

4:33:15to

4:33:16the North Carolina DEQ requirements. And

4:33:19as we design and build out, we have to

4:33:22build things that are permitted and

4:33:24allowable for storm water, for

4:33:26management of that, for management of

4:33:28the environment. So,

4:33:31pursuant to being able to permit.

4:33:32>> If DEQ says we can't do it, then we or

4:33:36someone else says we can't do it, we we

4:33:39come back.

4:33:40>> Okay. And let me Let me uh

4:33:44cuz I kind of had envisioned this thing,

4:33:46too. You You went right to it and

4:33:49in my mind,

4:33:51a berm that we would want to see there

4:33:54or that I would want to see there would

4:33:55in effect be a horseshoe that would

4:33:57leave one side

4:33:59of that ERC open

4:34:02to towards the facility,

4:34:05but

4:34:07containing the the sound and uh

4:34:10I'm I'm assuming that a berm is going to

4:34:12be as effective as any other thing that

4:34:14we could construct. Am I wrong?

4:34:16>> I I would If you would like Reggie to

4:34:19come back up and talk about it, I

4:34:21think what they will tell you is is no.

4:34:25Um

4:34:26>> So, there's better ways to contain the

4:34:28sound?

4:34:30We'd love to hear about it.

4:34:31>> greater mitigation. It It again, all of

4:34:34it is to

4:34:36reach that sound level

4:34:38of not exceeding 55 dBN L L DN 55 dB

4:34:43dBA.

4:34:45Um

4:34:47But, the we already do that. So, the the

4:34:49berm, I think as Mr. I think it was Mr.

4:34:52Hayward said, is

4:34:54>> Do you think

4:34:55>> It's a visual protection.

4:34:57>> Blocking the view. Blocking the view.

4:34:58Okay.

4:34:59>> A visual protection to

4:35:01those properties.

4:35:03>> My My point was

4:35:05part of it was to block the from the

4:35:08neighbors. So, you know, it is it'd be

4:35:10twofold. It'd have to It'd have to help

4:35:13with sound, and it would help a safety

4:35:16net for the

4:35:19people that live there not being able to

4:35:21see it when trees was in wintertime.

4:35:23That was my

4:35:24>> That's my understanding, and I'm not

4:35:26going to say it might not help at all

4:35:28with sound at certain times, but my

4:35:30understanding is generally

4:35:33the other measures we're already doing

4:35:35>> Yeah.

4:35:35>> are what helps with sound. But, we are

4:35:37open to agreeing to a berm in that area.

4:35:40>> Well, I just consider it like I said,

4:35:42safety net for the residents.

4:35:45>> That's what I heard.

4:35:46Visual

4:35:48Again, but

4:35:50we are absolutely open to putting a berm

4:35:52in that area. If we haven't identified

4:35:54where you most wanted it, apologies.

4:35:58Please please

4:36:00clarify that

4:36:01that was our understanding is that it

4:36:03would be in that area where the the

4:36:06eastern edge of the ERC is.

4:36:09>> That's that's the general area I think

4:36:11we're talking about, yeah.

4:36:12>> In that area you're you're satisfied.

4:36:14>> it should extend roughly 100 ft north

4:36:17and south of the northern and southern

4:36:20corners of the building.

4:36:22And maybe that accomplishes what I was

4:36:24after in terms of the the horseshoe

4:36:26effect.

4:36:27>> agree to that.

4:36:27>> Yep, okay.

4:36:28>> Okay.

4:36:31>> All right.

4:36:33>> Thank you.

4:36:34>> So 100 ft north and south of the ERC

4:36:36north and south boundary.

4:36:38>> Yep.

4:36:38>> Yes.

4:36:39>> 100 ft north of the

4:36:41exterior of the ERC, 100 ft south of the

4:36:44exterior of the ERC.

4:36:45>> Yep.

4:36:46>> Okay.

4:36:47How tall is the ERC?

4:36:51>> I'm going to phone Justin, I believe.

4:36:55>> Phone Justin.

4:36:58>> I know in other instances I don't want

4:36:59to speak for him.

4:37:00>> Um for the equipment side of this

4:37:02facility, our

4:37:04maximum building height would be 50 ft,

4:37:07but likely it would be going to be

4:37:08considerably less than that. It's

4:37:10dependent on the equipment that has to

4:37:11go inside and the crane that would go

4:37:13inside the building to facilitate the

4:37:15maintenance of that equipment.

4:37:16>> And do I remember you saying earlier

4:37:18that this actually is a little bit of a

4:37:19lower spot right there? I thought I

4:37:21remember that part. So adding that berm,

4:37:24even if it's a little higher than the

4:37:2620-ft berm, the natural topography may

4:37:28help with that as well.

4:37:30>> Okay.

4:37:33>> You good with that, Christian?

4:37:34>> Yeah, I think so.

4:37:36Thank you.

4:37:37All right.

4:37:40>> Marginally faster.

4:37:42>> Yes.

4:37:42>> Okay.

4:37:48I'm not exactly sure how to articulate

4:37:49this best, so bear with me. We'll work

4:37:52through it together.

4:37:54We absolutely can agree that the

4:37:56Callahan Road entrance during operations

4:37:59would only be used for emergency access.

4:38:03That's the easy part.

4:38:06We would like to agree that we will

4:38:09prioritize building

4:38:11the Giles Road

4:38:13access point as soon as practical and

4:38:16that it would be set

4:38:18My my suggestion of how to

4:38:20operationalize it it will be laid out in

4:38:22the traffic plan.

4:38:26Right? So

4:38:27all we can tell you is we'll prioritize

4:38:29it. I don't think we can sit here today

4:38:31and say it'll be done in 3 days or 3

4:38:32weeks, right? I mean it's a construction

4:38:35plan.

4:38:36Um we absolutely agree to prioritize it

4:38:38we absolutely agree to use Callahan Hill

4:38:41Road during operations for emergency

4:38:43only.

4:38:44How you want to put that into condition

4:38:46we have to work through together.

4:38:48>> Um

4:38:56Why y'all staring at me? Um

4:38:58>> Put a little pressure to you.

4:38:59>> That is no problem. Uh

4:39:08>> So so you've um

4:39:10you you've

4:39:11agreed that

4:39:15that uh it would only be used

4:39:18for emergency

4:39:20uses once the project

4:39:22>> During operations.

4:39:22>> functions. During operations.

4:39:24>> Yes, sir.

4:39:25>> And um

4:39:30that prioritize construction of the

4:39:33Giles Road entrance

4:39:35happens to minimize

4:39:38use of the Callahan Road entrance.

4:39:41>> As you use the word prioritize

4:39:43it's got to go first.

4:39:44>> Yeah. That's

4:39:47Yeah.

4:39:47>> And we're we're satisfied with that

4:39:49condition if you are to prioritize the

4:39:51building of the Giles Road exit

4:39:53entrance.

4:39:57>> Yeah.

4:39:57>> Again, how do we set the number or the

4:39:59limit of what

4:40:01that time frame is or what constitutes

4:40:04that that road is sufficient?

4:40:07>> You know, we're talking about a road. It

4:40:09It's not going to take forever to build

4:40:10a road.

4:40:11>> I mean, I know when we do

4:40:13subdivisions,

4:40:15uh

4:40:16you can very quickly build

4:40:19a road within a week

4:40:22off of an existing road for construction

4:40:25equipment to enter and return without

4:40:28any problem.

4:40:29Um I would say that

4:40:32considering that y'all's

4:40:34y'all's road will have to be

4:40:35significantly better, plus I understand

4:40:37there's going to be matting and other

4:40:38issues to get across the gas lines,

4:40:41I would say within 2 weeks, do you think

4:40:44that the construction company could

4:40:45within 2 weeks adequately build a road

4:40:48for construction equipment to move in

4:40:49and out of that site before y'all then

4:40:52eventually get that road built to

4:40:54actually haul in the larger equipment?

4:41:00>> I think I'm going to let these folks,

4:41:02but also I would say as Amy said here

4:41:04not to make sure but make sure we track

4:41:07for it. It's It's got to be subject to

4:41:09permitting

4:41:11>> Right.

4:41:11>> by DEQ for that access and the storm

4:41:15water erosion control permit that would

4:41:17be

4:41:17that the the access road would be part

4:41:19of.

4:41:20Um so, I'm going to let I'm going to

4:41:22step aside and let these guys decide

4:41:24whether or not 2 weeks is sufficient.

4:41:25>> Okay. Um so, one thing, the limiting

4:41:28factors on this is there is a crossing

4:41:30Mill Creek. Um we're trying to minimize

4:41:32any flood plain or waters impact, so

4:41:34that will likely require the

4:41:36construction of a bridge at that Mill

4:41:38Creek crossing, which limits the ability

4:41:40to construct that road within 2 weeks.

4:41:42>> Mhm.

4:41:42>> Um

4:41:43so, I I think the the best way to maybe,

4:41:47and I'm going to you know correct me or

4:41:48Catherine would be that the road will be

4:41:50constructed before any of the above

4:41:52ground infrastructure on the remainder

4:41:54of the parcel is built. That's you know

4:41:56that's Piedmont's goal is to prioritize

4:41:58that before anything else goes into this

4:42:00site.

4:42:02>> I'm I'm going to anticipate with you on

4:42:04the 1600 acres there won't be any import

4:42:07or export of soil.

4:42:09>> They probably can find their own on site

4:42:11I would imagine.

4:42:11>> I would hope can you

4:42:14>> I don't believe we have a you know we're

4:42:16not at the stage where we can fully

4:42:17commit that just because we don't know

4:42:19what the final topography of the design

4:42:21will be. Um likely in an ideal scenario

4:42:25there will not be any import or export.

4:42:27We would grade or the goal would be to

4:42:30grade to a neutral cut fill balance and

4:42:32that's just you know the best thing for

4:42:34for the project as a whole. So.

4:42:36>> The reason that's a concern obviously is

4:42:41the trucks in and out.

4:42:42>> Yep.

4:42:43>> If it's not going in and out on your

4:42:44road then that's a real problem.

4:42:46>> Yeah.

4:42:48>> So I don't know how we how we can write

4:42:50that into it.

4:42:52>> And Chairman Bynum I think that part of

4:42:54the thing that

4:42:55rezonings are always hard

4:42:58because they have to come before the

4:43:00final design is done.

4:43:02And that's true for shopping centers and

4:43:03subdivisions and single family homes you

4:43:06know being built and condos and

4:43:08industrial it doesn't matter what use

4:43:10that's not unique to Duke or Piedmont or

4:43:13to this project to LMG to ERCs.

4:43:17Um

4:43:20I like the suggested language of that

4:43:24the access road

4:43:26is to be constructed before any above

4:43:30ground infrastructure.

4:43:33If there's some other qualification that

4:43:36you want us to consider adding to it I

4:43:38think maybe that's the good the good

4:43:40qualification part to it.

4:43:43And then I have to defer to the

4:43:44construction experts on whether or not

4:43:46the qualification works. When I think

4:43:48about an operationalized condition that

4:43:51we can hold us accountable to.

4:43:54>> I just think it's got to be worded in a

4:43:56way where that's prioritized first

4:43:58before any other construction. If the

4:44:00road is built, then they can do their

4:44:03construction on the facility later.

4:44:06>> As

4:44:07as Chris stated earlier on about being

4:44:10good neighbors,

4:44:12that is what I'm trying to make sure is

4:44:15held to. That we're good neighbors to

4:44:17the people on Callaghan Hill Road.

4:44:20So yes, I understand the need to bring

4:44:22some initial construction equipment in

4:44:24through that road,

4:44:26but that needs to be at like the utmost

4:44:29priority to get those construction

4:44:31equipment off of that road as quickly as

4:44:34possible.

4:44:35Um if there's the way that you design

4:44:37the phasing and even approach DEQ on the

4:44:41storm water control measures of when

4:44:43they're put in and how they're installed

4:44:44cuz I know even subdivisions there are

4:44:46phases for storm water

4:44:48to get across that creek, we need

4:44:51something

4:44:53I mean just really

4:44:55Yes, I can't come up with a quantitative

4:44:57number of exactly what that takes, but

4:44:58it really needs to be driven home that

4:45:01we don't need that equipment going

4:45:03across that small road over there.

4:45:05>> Right.

4:45:06>> Yeah, and I think that adds to your

4:45:07point. Um part of the reason I think

4:45:09we'd be willing for the you know, the

4:45:11first above ground infrastructure is

4:45:13because to your point, we're going to

4:45:15have a full set or full site of erosion

4:45:17sediment controls that have to be

4:45:19established before we can do any

4:45:21construction on this parcel. So that's

4:45:23why we can't say the bridges or the road

4:45:25is the absolute first thing. First thing

4:45:26is the established erosion sediment

4:45:28control measures as approved by the

4:45:30NCDEQ before any other construction

4:45:32activities can commence. And then after

4:45:34that, the road would be the next

4:45:36priority. Yeah.

4:45:37>> Okay.

4:45:40>> Give me 4 minutes.

4:45:42>> Yep.

4:45:51>> We go down that one.

4:45:52>> Yeah, I would say the the language would

4:45:54be prioritized the entrance of Giles

4:45:56Road

4:45:58in accordance with DEQ's requirements.

4:46:08>> And then just be clear that

4:46:10a separate condition would be that the

4:46:12Callahan Road

4:46:14>> be the fire

4:46:15>> entrance would be emergency access only

4:46:17during operations.

4:46:19Make sure we don't lose that one.

4:46:23And I think the last one that I have on

4:46:25my list from that is um

4:46:29looking at the

4:46:31farm and forestry

4:46:34use on the property.

4:46:36We are already doing that.

4:46:38We We obviously will continue We We

4:46:41would agree to continue to do that. It

4:46:43It also has to be subject to allowance

4:46:46under

4:46:47permits.

4:46:48>> Okay.

4:46:48>> Air quality permits, DEQ permits.

4:46:52You know, at two Chairman Green's point,

4:46:54there are a lot of regulatory

4:46:56agencies that look at

4:46:59lots of different uses, but this one

4:47:01specifically.

4:47:02>> Yeah.

4:47:02>> Um we we cannot sit here tonight and

4:47:05tell you yes, farming will be allowed.

4:47:08We can absolutely commit to you that

4:47:12we're going to explore those uses,

4:47:14prioritize those uses.

4:47:18>> Can you commit that the

4:47:20>> Just with full transparency, we cannot

4:47:22sit here.

4:47:22>> Can you Can you commit to not having any

4:47:25expansion of the facility on the rest of

4:47:27the acreage?

4:47:28>> We By this conditional rezoning, we

4:47:31can't do anything on that acres on that

4:47:33acreage without coming back to you.

4:47:35>> Just wanted to hear you say it.

4:47:36>> Yes, sir. I was going to I was looking

4:47:38for the opportunity, so I thank you for

4:47:40giving it to me.

4:47:41>> We want to hear we're locked into this

4:47:42site plan.

4:47:43>> We are locked into

4:47:46the development being within the dash

4:47:48dashed area.

4:47:49>> And I could be foolish, you know, you

4:47:51all you all are locked into this. It'd

4:47:53be foolish for you all not to

4:47:55lease the land back out to somebody cuz

4:47:57it'd be a It ain't going to be a lot,

4:47:59but it's going to be revenue for you all

4:48:00and it's going to preserve land, keep it

4:48:03being tended.

4:48:04>> And and balancing

4:48:07security of the site, use of the site,

4:48:10the air permit, restrictions and

4:48:13requirements,

4:48:14stormwater retention ponds, detention

4:48:17ponds, right? Like

4:48:19Yes, you know,

4:48:21considering all of the

4:48:23constraints based on all of the permits

4:48:26as any construction project does.

4:48:29>> I understand.

4:48:29>> If we can productively use that land,

4:48:32it benefits everyone.

4:48:34>> Right.

4:48:34>> And by that I mean productively use it,

4:48:36I mean ag or forestry,

4:48:38>> Yep.

4:48:38>> not something else.

4:48:39>> Yep.

4:48:40>> We can't do anything but what's on that

4:48:43plan

4:48:44>> Right.

4:48:44>> without coming back to you.

4:48:46>> Yep.

4:48:49>> That covers the list I have written

4:48:51down.

4:48:53If I've missed something, I apologize.

4:48:55Please let us know.

4:48:56>> I I did want to add there are some

4:48:59additional conditions in the

4:49:00application. Uh it says a minimum 200-ft

4:49:03buffer from all external property lines

4:49:05will be maintained. Um

4:49:08I wanted to add in an in a natural

4:49:10vegetative state unless ingress, egress,

4:49:12or utility easement is located in the

4:49:15buffer or an erosion control or

4:49:17stormwater feature

4:49:18or some other permitted requirement is

4:49:21mandated to be in the buffer.

4:49:23>> Yes. I cannot make this go forward. So,

4:49:26our conditions, if you can, great.

4:49:28Otherwise, yeah. I don't know if I'll

4:49:30get that.

4:49:31>> There we go.

4:49:32You're good, Cath.

4:49:33>> Thank you.

4:49:34>> No problem. But, yeah, I just I just

4:49:36wanted to to cover that and cuz we we've

4:49:38experienced that in the past where a

4:49:40storm storm water and erosion control

4:49:43measure had to be placed into a

4:49:44committed buffer and they had to take

4:49:46that out. And if that is something

4:49:48that's removed,

4:49:50uh

4:49:51you would you'd replant that.

4:49:54It It go back into forestry for that

4:49:56200-ft buffer once it's removed.

4:49:58>> Yes, sir.

4:49:59>> Okay. All right. Um

4:50:01just don't let that conflict with the

4:50:02other

4:50:04uh

4:50:04part that's going to be 300 ft. Well,

4:50:07that that's a special condition for that

4:50:09eastern property line.

4:50:11>> You got that out there?

4:50:11>> Yep. Yep.

4:50:14Okay. Then then the the also maximum

4:50:16structure height in the CZH I shall be

4:50:18200 ft except for electric electric

4:50:20utility poles that are not restricted,

4:50:23which is true. LNG storage tanks shall

4:50:25be set back at least 175 ft from all

4:50:27external property lines. Uh a sound and

4:50:30we've the number four sound level 55

4:50:33decibels more or less will be maintained

4:50:34by all equipment associated with the

4:50:36proposed facilities at the exterior

4:50:38property line and you've heard from the

4:50:40sound study uh

4:50:42expert on that and that that includes

4:50:45generator operation. Um

4:50:50Okay.

4:50:52>> And Lee, I

4:50:53apologies, I don't have your report. I

4:50:56thought you added in based on

4:50:57discussions, but maybe we just

4:50:59discussions

4:51:00that a post-construction survey

4:51:03confirming the LDN 55 dBA

4:51:08was met.

4:51:10Did I make that up?

4:51:11>> No. No, but that um

4:51:14Well, that you guys had submitted to the

4:51:17the uh

4:51:18sound study and then a post

4:51:21>> Yes. that's

4:51:22>> part of the

4:51:23>> Making sure we got the post construction

4:51:25part in there.

4:51:26>> Yep, post.

4:51:27>> Didn't see it.

4:51:31>> Sound Okay. Um

4:51:35This

4:51:36for the benefit of those who are still

4:51:37with us, um

4:51:40a lot of the comments that we heard

4:51:41tonight had to do with um not having

4:51:44enough information.

4:51:45We need more studies. We need more

4:51:47answers.

4:51:48And

4:51:49um

4:51:51I I

4:51:52I understand that. I'm the kind of

4:51:54person I don't make

4:51:56I'm I'm not a 60% answer guy. I got to

4:51:59have more information than that for for

4:52:01my personal decisions.

4:52:03But

4:52:05what

4:52:07has been done here in terms of of

4:52:09pursuing a a zoning permit is what we

4:52:12see very regularly on other zoning

4:52:14requests. And that is sometimes people

4:52:17don't even own the property that they're

4:52:18wanting to rezone.

4:52:20They want to find out if

4:52:22can they do what they want to do?

4:52:25Um that's the that's the process that

4:52:27you're really in. And you've done the

4:52:30necessary work

4:52:32to make help us make that determination.

4:52:35But you got a lot more work to do.

4:52:36>> Yes, sir.

4:52:37>> And it'll answer a lot of the questions

4:52:38that are out there. But

4:52:41you as you well know, you could very

4:52:43well

4:52:45get a note.

4:52:47You know, you you could not if you don't

4:52:49get the zoning that you need, it could

4:52:51potentially

4:52:53be the end of it and you spend a lot of

4:52:54money.

4:52:55So, we understand that. And I know that

4:52:58that folks who are not accustomed to

4:53:01seeing this process may not understand

4:53:03it, but

4:53:05I just want folks to understand that

4:53:07this is an ordinary way of doing things.

4:53:10But for certain on a much smaller scale

4:53:13with most of the things that we see,

4:53:15whether it be a

4:53:18or Dollar General or whatever.

4:53:21Most people

4:53:23will come in here with they don't have

4:53:26all the answers and they don't have all

4:53:27the information. But they bring us

4:53:29enough that we can make a decent

4:53:30decision. And you folks have put

4:53:32together

4:53:34quite a presentation and so uh

4:53:36>> Thank you.

4:53:37>> standpoint, I I thank you for it.

4:53:40Um

4:53:41board

4:53:43anything else?

4:53:44>> I want to say that both sides have made

4:53:47good presentations.

4:53:49Everyone has kept us very civil, very

4:53:53a

4:53:54agreeable amongst one another to try to

4:53:57work this out.

4:53:58>> Yes.

4:53:58>> Cuz obviously we all care about our

4:54:00county.

4:54:01>> Yeah, I want to say

4:54:03compliment everybody in your

4:54:04presentations. I think everybody did a a

4:54:06a good job and kept everything civil and

4:54:09uh I hope y'all realize we've listened

4:54:11to both sides and tried to come up with

4:54:13a

4:54:14uh

4:54:15a

4:54:16good answer for all of it.

4:54:20>> Yeah. We we care about Davidson County.

4:54:23We wouldn't be sitting here if we

4:54:24didn't.

4:54:25And

4:54:27and and it it's Davidson County is the

4:54:29people that live here. That's who we are

4:54:32primarily thinking about tonight, I

4:54:34think.

4:54:35We're concerned about the environment,

4:54:36the built the built the built upon

4:54:39environment but the natural environment,

4:54:41certainly.

4:54:42And um

4:54:44that's why we're here. So um

4:54:47uh

4:54:47we're going to

4:54:49need to make a decision now, I suppose.

4:54:52As to how we will proceed.

4:54:54Um board, we let's see. I need to hear

4:54:57from staff though. If staff has a

4:55:00recommendation for us.

4:55:02>> We do, sir. Um

4:55:05the applicant is requesting to rezone

4:55:06the subject property CZH-I conditional

4:55:09zoning heavy industrial district.

4:55:10Proposed on site are two primary uses

4:55:12with several ancillary uses. Two

4:55:15facilities are proposed, each operating

4:55:17independently of one another. A liquid

4:55:19natural gas storage facility, LNG

4:55:21storage facility for short, is proposed

4:55:24with three large storage tanks and all

4:55:26associated equipment to process natural

4:55:28gas for storage. Second facility, termed

4:55:31as an energy reliability center or ERC

4:55:33for short, is proposed as well.

4:55:35The um

4:55:36Can you get me the map PowerPoint slide,

4:55:38please? Thank you. Um

4:55:40the LNG storage facility will consist of

4:55:43three large tanks not exceeding 200 ft

4:55:45in height or 300 ft in width. The rest

4:55:47of the LNG storage facility

4:55:49consists of equipment that receives

4:55:51vaporous natural gas from Williams

4:55:53Transco gas pipeline, cleans said gas of

4:55:55received vapors, I mean impurities,

4:55:58cools said gas down to minus 260°, where

4:56:01it reaches a liquid state, and then

4:56:03places said liquid natural gas in tanks

4:56:05for storage. This process does not

4:56:07produce any byproduct, and the

4:56:09impurities are replaced back into the

4:56:10Williams Transco gas pipeline and are

4:56:13part of the natural gas that people burn

4:56:14every day. These impurities are removed

4:56:17due to the temperature that the gas is

4:56:18stored at to maintain its liquid form.

4:56:21If the If the stored gas is needed, the

4:56:24same facility removes liquid natural gas

4:56:26from the tanks, processes said gas back

4:56:28into a vapor, sends the gas to

4:56:31in that state to the ERC. This is an

4:56:33exceptionally basic description of the

4:56:35process that will take place at the LNG

4:56:37storage facility.

4:56:39The ERC is a separate independent

4:56:41facility that basically that is

4:56:43basically a pump that will move the

4:56:45natural gas from the LNG storage

4:56:47facility to the two combined cycle or CC

4:56:50for short power generators proposed in

4:56:52Davis Davie County. The ERC is located

4:56:55on site to maintain a constant pressure

4:56:57and flow of natural gas across the

4:56:58river.

4:57:00The 1,600

4:57:01and 60 1,616.51

4:57:04acre tract has been chosen by the

4:57:06applicant due to the Williams Transco

4:57:08gas pipeline that traverses across the

4:57:10property on its southwest corner.

4:57:13Um,

4:57:14at the site where the Williams Transco

4:57:16pipeline crosses the property will be

4:57:17two small structures of note. An

4:57:20operations area consisting of piping and

4:57:22equipment and a canopy uh will be

4:57:24located adjacent to the pipeline

4:57:25right-of-way as well as the Transco

4:57:27interconnect, which is basically a large

4:57:29tap into the existing gas pipeline. Also

4:57:32on site will be an assortment of

4:57:33substations for power and control rooms

4:57:36to monitor set equipment and processes.

4:57:39Access of the proposed facility is at

4:57:41two points. Callahan Hill Road will be

4:57:42used initially and where Main Services

4:57:45access once completed, uh we've got

4:57:47different information now uh on that.

4:57:50It'll be for emergency use only once

4:57:52under general or standard operation. A

4:57:55main entrance will be constructed along

4:57:57Giles Road on its northwest side north

4:57:59of the Harrison Road intersection and

4:58:01south of the

4:58:02Leonard Road intersection. These will be

4:58:04the only two points of access for the

4:58:06uh project as proposed. A pipeline from

4:58:09the ERC under the Yadkin River is

4:58:11proposed to provide natural gas for the

4:58:13two CC power generators proposed in

4:58:15Davie County. A large power line will

4:58:17also be constructed from the two CC

4:58:19generators in Davie back across the

4:58:21river. Duke Power will own the power

4:58:23lines and the Energy United will own the

4:58:24substations that provide power to this

4:58:27project if successful. Both the pipeline

4:58:29under the river and the power lines

4:58:31across the river are not subject to the

4:58:33rezoning as they are allowed allowed as

4:58:35a use by right in all zoning

4:58:37classifications in our county.

4:58:39The subject property is a 1,616.51

4:58:43acre tract that is located in central

4:58:45western portion of our county. Said

4:58:46property is mostly vacant showing no

4:58:48building value tax records and is

4:58:51heavily wooded with agricultural fields

4:58:53interspersed throughout the site. There

4:58:55is a wireless telecommunication tower

4:58:57and facility located on the portion of

4:58:59this southwest property a property

4:59:01southwest of Giles Road. It's staff's

4:59:03understanding both this part of the

4:59:05property and the portion South of

4:59:07Harrison Road will remain undisturbed

4:59:09and as is with no activity taking place

4:59:12on these portions of the site. The

4:59:14current activity on the rest of the

4:59:16property appears to be tree farming,

4:59:17hunting, and some level of agriculture.

4:59:20The subject property adjoins the Yadkin

4:59:22River principally along its western and

4:59:24northern boundaries. To the east of the

4:59:25property are several large tracts from

4:59:2780 to 20 acres in size that are wooded

4:59:30with dwellings. Also along the eastern

4:59:32boundary at the end of Callahan Hill

4:59:34Road are several dwellings of different

4:59:36types of small properties around 1 acre

4:59:38more or less. To the south of the

4:59:40subject property is more of the same

4:59:41development pattern. Several properties

4:59:43are larger ranging from 200 plus acres

4:59:46down to 18. These properties are either

4:59:48wooded or in agriculture. There are two

4:59:51areas along the southern boundary of

4:59:53this property that have clusters of

4:59:55dwellings.

4:59:56There are around 20 dwellings and a

4:59:58church located along Harrison Road that

5:00:01adjoins the property. There is another

5:00:03group of residents along Frank Hulen

5:00:05Road consisting of about 20 dwellings.

5:00:07Both of these groups of dwellings are on

5:00:09property ranging from a half acre

5:00:12uh in size up to several acres. Staff

5:00:15would characterize the area as a whole

5:00:17as very rural in character with

5:00:19interspersed housing of a wide variety.

5:00:22The approval process in Davidson

5:00:24includes the LNG storage facility and

5:00:26the ERC and all of the associated

5:00:27ancillary uses and structures with these

5:00:30uses on our side of the river. They are

5:00:32designated to serve the two CC

5:00:34generation facilities that are proposed

5:00:36in Davie County. If the CC generation

5:00:38facilities are not constructed in Davie

5:00:41at the proposed site, new CC generation

5:00:43will be constructed somewhere. And the

5:00:46Piedmont natural gas facility would more

5:00:48than likely serve the new power

5:00:49generation wherever it's located.

5:00:52Pending

5:00:53um engineering.

5:00:54Uh it's staff's understanding that Duke

5:00:56Power has been mandated to create more

5:00:58power generation within its system, and

5:01:00the two across river sites the most

5:01:02practical as proposed. Each site will

5:01:05have to go through their own due

5:01:06diligence process for approval. There is

5:01:09a scenario where the proposed Piedmont

5:01:10Natural Gas LNG storage facility and the

5:01:13ERC are constructed in Davidson even if

5:01:15the power generation site in Davie is

5:01:18not constructed where proposed. The gas

5:01:20storage could be piped to the power

5:01:22generation site wherever it's located

5:01:24pending engineering.

5:01:26Growing power demands in the region is

5:01:28cited as catalyst for the two proposed

5:01:30sites, while the LNG storage facility

5:01:32will serve as an energy reserve for the

5:01:34two for the new CCs in Davie County. The

5:01:37CC generation plants will at times run

5:01:40strictly off the Williams Transco

5:01:41pipeline. If the gas supply is

5:01:43interrupted from the Transco line or

5:01:46prices spike, Piedmont and Duke will

5:01:48pull from the LNG storage facility

5:01:50supply power generation.

5:01:52Once the price volatility or supply

5:01:55resumes a stable normal level, uh the

5:01:58LNG storage facility can be refilled.

5:02:00The premise of this system is to

5:02:02stabilize the price for the Duke Power

5:02:04customer and ensure consistent supply of

5:02:07power in unique circumstances.

5:02:09There are two very unique aspects of

5:02:11this property that draw the applicant to

5:02:13this site, the Yadkin River and the

5:02:14Williams Transco pipeline. While under

5:02:17normal operation the PNG storage

5:02:19facility and the ERC will not need the

5:02:21Yadkin River for water,

5:02:23the Duke Power facility in Davie or

5:02:25wherever it is located will utilize this

5:02:27resource.

5:02:29The proximity to the gas supply is why

5:02:31this property is beneficial to Piedmont

5:02:33Natural Gas for this facility. Staff did

5:02:36not realize how unique this piece of

5:02:38infrastructure was. The tran- Williams

5:02:40Transco pipeline, can I show the

5:02:43pipeline?

5:02:44Um

5:02:46bear with me, folks. Got to

5:02:49get through a a of stuff here.

5:03:02It'll only click so fast.

5:03:16These are zoning posting signs. We did

5:03:18post the property in four locations.

5:03:24All right.

5:03:27The Williams Transco pipeline is the

5:03:29largest by volume transporter of natural

5:03:32gas in the country. This facility moves

5:03:34between 15 and 19 million cubic feet of

5:03:37natural gas up the East Coast a day. It

5:03:39originates in the Gulf region of the

5:03:41country and delivers gas up the East

5:03:43Coast to points along its route and

5:03:45urban centers in and around New York

5:03:47City. It is the single largest piece of

5:03:49natural gas supply infrastructure in the

5:03:51country. So, naturally, any gas

5:03:53dependent user would want to be as close

5:03:55to this as possible.

5:03:57Duke Power is the largest energy

5:04:00producer in North and South Carolina and

5:04:02has traditionally been broken into two

5:04:04separate entities, Duke Energy Carolinas

5:04:06and Duke Energy Progress. Duke Energy

5:04:09Carolina serves our area of the state as

5:04:10well as a large portion of the Piedmont

5:04:12and Upstate South Carolina. Duke Energy

5:04:14Pro- Progress serves the coastal plain

5:04:17of both states, including the Triangle

5:04:19area.

5:04:20Uh as as per the Duke Power website,

5:04:23both entities claim to have a combined

5:04:24capacity of 34,600 MW of power to serve

5:04:2852,000 square square miles of territory

5:04:31across across both states.

5:04:34So, why locate the facility where it's

5:04:35proposed, aside from the features above

5:04:37described on site? To be close to

5:04:40demand. The Piedmont Crescent is the

5:04:42largest

5:04:44The The Crescent is the largest

5:04:46population cluster in both North and

5:04:49South Carolina.

5:04:50Uh the Piedmont Crescent is a

5:04:51geographical region in the state of

5:04:53North Carolina that extends from

5:04:54Charlotte in an arc that roughly follows

5:04:57I-85 all the way to the Triangle area

5:05:00around Raleigh, Durham, and Chapel Hill.

5:05:02This region contains the Charlotte metro

5:05:04area, the Triad, and the Triangle around

5:05:06Raleigh. The northern half of Davie

5:05:08County is directly in the Piedmont

5:05:09Crescent and thus advantageously located

5:05:12for a utility provider

5:05:14to to power central North Carolina. This

5:05:18region currently holds 69% of the

5:05:20population of the state of North

5:05:21Carolina or almost 7.5 million people.

5:05:24This is where the largest concentration

5:05:26of people live, commercial uses locate

5:05:28to provide services and goods to those

5:05:30people, and certain types of industries

5:05:33locate that need labor force, road, and

5:05:35rail network for and other resources.

5:05:38It's only logical to locate a power

5:05:40source as close as possible to its

5:05:42demand to reduce voltage drop as power

5:05:44travels to its destination.

5:05:46Duke Power is in the process of

5:05:48extending its power extending its power

5:05:50capacity. Five new CC generation plants

5:05:53are proposed across North and South

5:05:54Carolina. Staff understands that

5:05:56additional CC generation plants are

5:05:58being constructed at the Buck Power

5:06:00Generation site in Rowan County. CC

5:06:03generation facilities are also planned

5:06:05in Person County, North Carolina and

5:06:07Anderson County, South Carolina.

5:06:09And with the two proposed in Davie, a

5:06:10total of five new CC generation

5:06:12facilities would could be constructed.

5:06:14This will add approximately 7,650 MW to

5:06:18Duke Power's existing 34,600

5:06:21MW of capacity. According to Duke

5:06:24Power's website, a single day's highest

5:06:25use record has been set very recently on

5:06:28January 23rd, 2025. Duke reports a

5:06:30single day use as its 37,387

5:06:33MW. The same source sites a single

5:06:36highest hour on January 24th, 2026 at

5:06:3937,308

5:06:41MW of power usage. Summertime usage is

5:06:44lower but still above capacity at 35,269

5:06:49megawatts of power usage on June 24th,

5:06:512025. I cite these statistics to show

5:06:54the need for this facility as demand in

5:06:57our region and our

5:06:58county continues to grow. North Carolina

5:07:01is the nation is third in the nation

5:07:03with respect to its growth rate at

5:07:04approximately 1.3%.

5:07:07This is only behind South Carolina and

5:07:09Idaho at 1.5 and 1.4% respectively.

5:07:14Last year, the state increased just

5:07:16under 150,000 people, which is again

5:07:18third behind Texas and Florida in sheer

5:07:20numbers of people gained.

5:07:22North Carolina now has approximately

5:07:2411.2 million people that call it home.

5:07:27Davidson County is tracking is just

5:07:29tracking right with the state at 1.2% to

5:07:311.3 annually. We should have a

5:07:34population of just over 180,000 people

5:07:36by the end of 2026. This means more

5:07:39houses, more commercial services, more

5:07:41industry our our county in our county

5:07:43and region. We have more houses at

5:07:46larger sizes with higher and higher

5:07:48demand for power per residence. Staff

5:07:50are not going to debate whether the

5:07:51power produced by these facilities will

5:07:53go

5:07:55simply state the fact that North

5:07:56Carolina and Davidson County are

5:07:58growing, which will result in a higher

5:07:59demand for power. Planning for a future

5:08:03future supply of power is a reasonable

5:08:05thing to do as today's society is

5:08:08society powers a public necessity.

5:08:11The proposed project is a conditional

5:08:12zoning request. The applicant proposes a

5:08:14conceptual site plan showing size,

5:08:17location of the LNG storage facility and

5:08:20ERC facility along with all of the

5:08:22ancillary uses. Said plan shows the area

5:08:25of disturbance and proposed setbacks and

5:08:27buffers. If approved, this will be part

5:08:30of the CZ permit and the applicant will

5:08:32have to follow the use and siding of

5:08:35said plan according to the rules the

5:08:37zoning ordinance.

5:08:38The contents of the application shall

5:08:40become part of the record and

5:08:41enforceable as a condition. Additional

5:08:43conditions have been proposed as follows

5:08:45and we've gone over those ad nauseam

5:08:47tonight. Um, this type of rezoning is

5:08:50not unprecedented as a 434 acre tract

5:08:53was rezoned to CUHI conditional use

5:08:57heavy industrial in 1995 to accommodate

5:08:59two natural gas generation plants along

5:09:01Becky Hill Road. Only 6360 acres of that

5:09:04property was to be used for the project

5:09:06utilizing the rest of the property for

5:09:08visual and noise buffering. This project

5:09:10follows a similar proposal.

5:09:12Approximately 500 of those 16 16.51

5:09:15acres will be disrupted between

5:09:17construction and then a smaller area

5:09:19will be used once construction is

5:09:20complete. Between 20 and 25% of the

5:09:23property in total will have improvements

5:09:25on it when completed. The planning

5:09:27department is tasked with promoting

5:09:29orderly growth to cultivate stable

5:09:31property values and minimize the impact

5:09:33that in incompatible use will have

5:09:36to on one another. Given the proposed

5:09:39size of the project and the large scale

5:09:41of the land, the conditions as proposed

5:09:44and the ability of the property to

5:09:45reduce any substantial impact on the

5:09:47surrounding development, staff feels

5:09:50this request should be approved.

5:09:52It is not a typical request for an

5:09:54industrial district, but given the

5:09:55uniqueness of the request, the

5:09:57infrastructure needed for the project

5:09:59and special circumstances of the project

5:10:02being across county lines, staff feels

5:10:04this facility can be properly sited as

5:10:06proposed.

5:10:07Staff would cite change or changing

5:10:09conditions as a rationale for the

5:10:11Davidson County zoning ordinance support

5:10:13of this request. Support for this is

5:10:15found in Article 7 Administration

5:10:17Section 7.10 Amendments B Purpose 2 due

5:10:21to change or changing conditions in the

5:10:22area

5:10:23in the form of increased population and

5:10:25higher demand for power.

5:10:27Said property is located in an area that

5:10:29is recognized by the Davidson County

5:10:31land development plan as parks {slash}

5:10:34open space privately owned. Staff finds

5:10:36this designation presumptive as the

5:10:38county's never owned this property and a

5:10:40public utility has for several decades.

5:10:43Citing uniqueness of the request and

5:10:45non-traditional needs of the specific

5:10:47use proposed and the ability of this

5:10:49large property to minimize any negative

5:10:51impact effects on surrounding

5:10:53development and the fact that power is a

5:10:55public necessity, staff feels this use

5:10:58does meet the county's land development

5:11:00plan. Staff will cite policy statements

5:11:0211121518414243444647741421471491410151152172

5:11:14to support the amendment. Staff would um

5:11:18Staff feels that the applicant's request

5:11:20is reasonable and consistent with the

5:11:21county's plan and would recommend

5:11:22approval of the rezoning.

5:11:26>> All right, thank you, Lee.

5:11:30Okay.

5:11:32What do we have as before us?

5:11:56We need a motion. I need a motion.

5:12:06And um

5:12:10I think we'd all like to

5:12:13finish this tonight, but it's not

5:12:17it's not absolutely necessary.

5:12:20Um but it's probably best in light of

5:12:23the demands it puts on staff

5:12:26if we can if we can

5:12:29If we can do it, that'll be good. If we

5:12:30can't, then

5:12:33we'll we'll have to uh

5:12:35delay our vote.

5:12:38>> Mr. Chairman, I'll make a motion to

5:12:41recommend approval changing this from

5:12:43RA-1 RA-2 to CZHI

5:12:47based on staff's recommendations.

5:12:51>> And And uh that is implied that that

5:12:55>> includes the

5:12:55>> the

5:12:56>> the conditions

5:12:57>> conditions amended conditions

5:12:58>> Yeah, and all the amended conditions.

5:13:00>> the site plan in the application

5:13:02to incorporate the site plan with the uh

5:13:05amendment of the 300-ft buffer on the

5:13:07southern or the eastern property line

5:13:10and the bottom and all of the other

5:13:13conditions.

5:13:13>> Yeah, do we add it?

5:13:14>> You've got all of that. You I know

5:13:16you've been taking that. You've got all

5:13:17of that to put into the uh

5:13:20into whatever we send up.

5:13:21>> Yes.

5:13:22>> Okay.

5:13:23All right, I have a motion.

5:13:27>> I'll second.

5:13:28>> All right, have a motion and a second.

5:13:30Discussion.

5:13:35Ready to vote?

5:13:38All in favor, raise your hand.

5:13:40Opposed.

5:13:43Okay, that is a 4-to-1 vote. We will

5:13:46send a um

5:13:48favorable recommendation to the county

5:13:51commission as they consider this matter

5:13:55>> Um November 9th.

5:13:57>> Thank you, Lee.

5:13:58>> November the 9th, and that'll be held

5:14:00here in this room

5:14:01at 6:00 p.m.

5:14:03>> Yes.

5:14:05>> Thank you, everyone for um

5:14:08your attendance.

5:14:13>> All these changes so fast.

5:14:17>> Um

5:14:19We We're still in the

5:14:20>> Oh,

5:14:21>> I'm sorry.

5:14:26>> Okay. Well, we got anything else we want

5:14:28to do tonight?

5:14:29>> Oh, yeah. I got something.

5:14:30>> Yeah.

5:14:31>> All right. Let's go.

5:14:33>> I will

5:14:33>> Look at Look at me.

5:14:35>> Uh give the right

5:14:36>> Time to hang up.

5:14:37>> Yeah.

5:14:37>> I make a motion we adjourn.

5:14:40>> I was going to too. I was about 2

5:14:42seconds away from it.

5:14:47>> Hang on.

5:14:50>> Not yet.

5:14:51>> Not yet.

5:14:52>> Not yet.

5:14:55>> We We can house them and and

5:14:57recycle them for

5:14:59>> We have not.

5:15:00>> We have not.

5:15:04>> Okay.

5:15:04>> All right. We We'll uh

5:15:07I've got a motion. Is there a second to

5:15:08adjourn?

5:15:09>> Sure.

5:15:10>> Discussion?

5:15:11>> Ted seconded it.

5:15:14>> All in favor, raise your hand.

5:15:17We stand adjourned.