Nestle has submitted revisions to the application the Eldred Township Zoning Hearing Board is reviewing for the company to withdraw up to 200,000 gallons of water per day from the Chestnut Spring.

The third night of testimony continued Wednesday at the Kunkletown Fire Hall.Zoning hearing board solicitor Chad Martinez brought up that Nestle had submitted another revision to the application since the last hearing."I see you motioned that it was the third, Mr. Freed," Martinez said to. "I was actually going to say it was the fourth. At this point I am concerned that we might not all be working off the same pages."R. Timothy Weston, counsel for Nestle, said the company revised the plans in response to letters from Hanover Engineering, the township's engineer.Martinez asked Nestle to consider not submitting any additional revisions to the plans. Additional issues could be treated as conditions to any approval, if one is granted. Weston referred to the revisions as corrections.Freed said, "If there are that many corrections, then maybe the application should have been rejected."Testimony continuesWeston took about 45 minutes to have Nestle's civil engineer Edward Davis testify about the changes.Most of the revisions were related to adding information to the drawings, including correctly identifying the wetlands and ponds on the property.One of the added items was a discussion and a legal memorandum regarding the use of storage tanks within the wellhead protection zone."It seems inappropriate to include a legal memorandum, prepared by an attorney, in the engineer's testimony," Martinez said.Weston agreed to withdraw the seven-page document to be submitted at another time.Freed began his cross-examination with questions relating to the commingling of three separate uses on the property.Davis said that there is currently a residence and a trucking company and truck garage on the property. The water extraction facility would be a third use. Davis also testified that the 12 dump trucks, the residential vehicles and the Nestle tanker trucks will all be using the same loop driveway.According to testimony, an average of two Nestle trucks per hour would travel through between 6 a.m. and 11 p.m.Davis said there would be two septic systems located within wellhead protection zone 2. This means that the septic systems will be more than 400 feet from the closest well, but less than 2,500 feet.One thing that Freed did establish during cross-examination was that although Davis' signature was on the application, he was not completely familiar with all of the information contained within it. Davis said there are no chemicals stored on the property.Freed then showed Davis a narrative that was contained in the application which included Davis' signature which listed bulk storage of home heating oil and motor oil are stored on the property.Davis also did not include Sandy Hill Path on the drawings even though the road is a private driveway used to access property belonging to the Buskirk family. One of the production wells is located on the road.Marc Wolfe, attorney for landowner Ricky Gower, objected to the relevance of any agreements between his client and the Buskirks. Martinez allowed that line of questions because it relates to the use of the land.ObjectionsMartinez said an objection was made to some of the testimony of Nestle's civil engineer Edward Davis.Martinez said that Freed objected to Davis' saying the application was in compliance with the ordinance.Freed's objection was that Davis was making a legal conclusion by making such statements.Martinez agreed with Freed and made it clear that any findings of fact, including whether or not the application was in compliance, were for the zoning hearing board to decide.Weston, concerned that some of the testimony might be stricken from the record, said the testimony would have "holes" with missing information.Martinez said the information would not be removed from the record, but that the members of the hearing board would decide how much weight, if any, they would give the testimony.The cross-examination ended after 10:30 p.m. The next hearing date 7 p.m. July 15 at the Kunkletown Firehouse.