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Board continues review of Nestle application

Wednesday evening the Eldred Township Zoning Hearing Board met to continue the hearing into the application by Nestle to draw approximately 200,000 gallons of spring water per day from Chestnut Springs in Kunkletown.

The roughly 100 residents who showed up for the meeting were greeted by several of their fellow residents holding protest signs and selling pizza to raise money to cover the legal fees of the Eldred Concerned Citizens Organization.The meeting started with the zoning board solicitor ruling on the admission of more than 20 exhibits presented by Nestle's first witness. Mark Freed, representing the township and James Preston, representing the residents had both objected to the exhibits during the previous hearing, citing the fact that they were supplemental and not a part of the original application.Hearing board solicitor Chad Martinez reviewed the legal briefs submitted by all parties and ruled that the documents were admissible because they were mostly in response to issues raised by Hanover Engineering, the township engineer.Nestle lead counsel R. Timothy Weston then continued his direct examination of Nestle's civil engineer, Edward Davis. Weston's main focus on this day was on two of three letters received this week from Hanover Engineering.The letters addressed the civil and environmental aspects of the application. Davis testified that Nestle's plans did not call for any construction to take place in the 100-year flood plain, and that a "No Rise Certification" had been issued as part of the application.Davis also discussed the septic system to be shared between the existing trucking company and the Nestle water extraction facility.The subject of the ponds and wetlands on the property was also discussed. According to Davis, the wetlands will not be disturbed by the construction of the water pipe. The plan is to drill vertically under the wetlands to place the piping for the facility.Davis also testified that there would be no new construction on any of the setbacks required by the plan, however there is an existing encroachment on one of the setbacks by the trucking company.Davis' direct testimony was ended without any discussion of the third letter submitted by Hanover. The third letter states a conclusion by Hanover Engineering that based on the numbers and data supplied by Nestle during its testing of the site, that the site will not be able to sustain the 200,000 gallons per day objective.One additional objector was added as well. Jim Vogt of the Aquashicola Pohopoco Watershed Conservancy was permitted to enter his appearance on behalf of the organization as an objector.The meeting concluded after Davis' direct examination for two reasons. The first is to give the attorneys time review the Hanover letters and any other revised exhibits submitted by Nestle before they begin cross-examination of Davis. Secondly, it is expected that the cross-examination will be lengthy and Martinez wanted to delay it until the next hearing date.Additional hearing dates have been set for May 18, June 15 and July 20. All hearings will be held at the Kunkletown Volunteer Fire Company beginning at 7 p.m.

Lynette Williams of Kunkletown discusses the concerns that the local residents have with Sam Bernhardt of Food and Water Watch. JUDY DOLGOS-KRAMER/TIMES NEWS