Legal Update

Middlesex families take the data center fight to the Environmental Hearing Board and County Court

All meetings

Planning Commission · Meeting

Monday, July 27, 2026

3 h 38 min

The commission recommended approval of the PAX-1 Phase 1B final plan and Phase 3 preliminary plan by voice vote. For Phase 1B it recommended three waivers and six modifications, then the plan with conditions, including a Country Club Road rendering and executed developer agreements. At least one unnamed member voted no on the plan. For Phase 3 it recommended twelve deferrals, modifications and waivers, then the plan with conditions, including a road improvement plan. Fifteen people spoke. Several asked it not to recommend approval; others raised water, noise and emissions. The board was to hear Phase 1B on August 5.

All meetingsPlanning Commission meeting · Monday, July 27, 2026
00:00 / 3:37:51

This transcript was generated automatically and may contain errors. Check the video before quoting anyone.

Call to Order and Pledge of Allegiance

Unidentified speaker

Meeting will come to order.

Chair

I want the Pledge of Allegiance to the flag. Let's do it.

(The Pledge of Allegiance, recited by the room.) "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all."

Public Comment, Non-Agenda Items

Chair

All right. Is there any public comment not related to any items on the agenda? All right. Go ahead.

Hilda Vazquez

My name is Vazquez, Country Manor West, Oak Avenue. She start read something because this is very important for the community and everybody here.

Unidentified speaker, reading for Hilda Vazquez

From Justin Ross. Sent February, February twenty-second, twenty twenty-six. Twenty twenty-six? I said. To Bud Grove.

"Bud, circling back on my response here, I believe you are on the same page related to ability to begin stone stockpile, drilling and shooting of rock... and water main installation per approved NPDES for those specific items, and upon conditional Phase 1A LD approval once supervisors take that action, bond and agreement. For the greater team's benefit, would you be willing to double confirm this? I know we have discussed this at length now in meetings, but including PowerHouse team on this for transparency and reassurance so they are clear when they can restart these initial work items."

Unidentified speaker

Thank you. Justin Ross

Unidentified speaker, reading for Hilda Vazquez

P.E."

Hilda Vazquez

At this moment, Justin Ross, he requests transparency for PowerHouse. He need reassurance and clear for PowerHouse. But in March second.

Unidentified speaker, reading for Hilda Vazquez

From Justin Ross to Michael Hess.

"E&S stock locations were placed accordingly to reduce any heave or low spots and concentrate flow. We met with CCCD to confirm what activities could be done by way of blasting without moving earth. The plan was intentionally discreet as we were concerned about public doing Right-to-Know and making it a bigger issue back then, back then when we submitted in the fall. We did review this all with CCCD prior to submitting to them. Justin Ross."

Hilda Vazquez

CCCD is Cumberland County Conservation District. My concern, the engineer, Justin Ross, may have violate the fundamental principle of engineering license that is regulated by the Professional State Registration Board and all engineering involving license in PA as well. But more unusual is that not only engineering. Mark Carpenter was in this conversation, including engineering without license in Pennsylvania, PowerHouse. For more, this moment on, I request that this planning board do not recommended the next phase. They cannot endorse a project whose technical process intended and document with the plan intentionally discreet. Discreet. Here is a violate of the Right to Know, actual, actual existing material damage caused by blasting homes in Country Club Road, Country Manor West, the Meadows, and many more without notification. Notification.

Lack of data transparency. Justin Ross has... the actual total demand for water and the real impact of local supply. I'm talking about the agreement with MTMA, Water Service Allocation Agreement. We need transparency not only for PowerHouse. Our resident need transparency. The engineering violate the fundamental. Specific Michael Hess, you work for Middlesex Township. Bud Grove is engineering, work for Middlesex Township. Doesn't matter if PAX-1 is by right, the township can take action in this.

(Applause.)

Unidentified speaker

My name is Jason Bulock. I live at Golden Drive, Carlisle.

Chair

Is this to do with tonight or...

Jason Bulock

No, I just have a question for the board. It's not to do with the agenda item. All right. My question for the board is, do you recall taking an oath of office? Everybody swore an oath to the Pennsylvania Constitution of the United States of America, correct? Is that true of every single member sitting here? Feel free to answer for everybody since you're the president.

Chair

I did. We were appointed to the board.

Jason Bulock

We're not elected. It doesn't matter. According to Pennsylvania law, you're all supposed to be sworn to the Constitution. So that didn't happen. You don't have a notarized copy of that that you can provide us with?

July 13 Minutes, First Pass

Chair

All right. We'll proceed with TPF 25-27. Discussion of possible action on preliminary land development plans. That's it. Oh, that's right. Thanks. We review the minutes from July 13th.

Unidentified speaker

Is your microphone working? Because we can't hear you in the back row. I'm sorry.

Chair

We're reviewing the July 13th minutes.

Barb Simpson

Thank you.

Larry Claycomb

I have numerous comments, and I don't know just how to proceed on them, except to go to page four at the top. First sentence, "Doug Graham moved to approve." The word "recommend approval" must be in there. And I think just to define things better, it should say how many waivers there were, so that it's understood. Here. I'm looking at... Well, I don't have a cover page. This is the one. Page two. What's that?

Robynn Eppley

Okay.

Unidentified speaker

Got it. The

minutes for 25 pages. Yep.

Larry Claycomb

25?

Robynn Eppley

There's 25 pages.

Unidentified township staff member

I don't see that. I printed...

Robynn Eppley

It was mentioned in the minutes from...

Unidentified township staff member

Which means what?

Robynn Eppley

Is this from July

Unidentified township staff member

13th

Robynn Eppley

... July 13th?

Unidentified township staff member

Oh, I printed the wrong ones. I got... Oh. You don't have to... Okay. If you guys have them. If you don't have them, you can take it. Yeah, July... We have them. We have them. July 13th is 25 pages.

Robynn Eppley

What's the...

Unidentified speaker

Is that the way you like to have it? No, it's not.

Robynn Eppley

No

Larry Claycomb

but I didn't print page one and two because I didn't have any comments on that one. June 22nd.

Robynn Eppley

You're looking at June 22nd.

Unidentified township staff member

Yeah, I printed the wrong minutes. Sorry. This is June 27th. Can we look at them later in the meeting? That's what we'll do. Okay.

Phase 1B Final Land Development Plan: Presentation

Chair

Okay. All right. We're back on discussion of TPF 25-27.

Andrew Giorgione (counsel, PA Data Center Partners)

Thank you, Mr. Chairman. Just to frame up the meeting this evening, we are requesting a recommendation from this board this evening. You'll have to state your comments. Go ahead. We are requesting recommended decisions from this board this evening on the two matters, which is the final land development plan for Campus 1B...

Unidentified speaker

Can you put the microphone on?

Andrew Giorgione

... and the preliminary land development plan for Campus 3. Microphone.

Robynn Eppley

We cannot hear you on here. We can't hear. Put it on you.

Andrew Giorgione

So we're gonna start. Justin's gonna provide a quick construction update, and then he's gonna present Campus 1B. We have revised renderings that were requested at the prior meeting, and there were some questions that were raised that we'll touch on as well during the presentation. We'll then cover the waivers and modifications and deferrals, and then we'll be happy to answer any further questions. And then I know you like to keep these separate, because they are kind of detailed. Then we'll do the vote. And then we'll turn back to Justin on Campus 3 and, keeping in mind the renderings that he already presented, we'll then discuss the project itself, the waivers, modifications, and deferrals.

And then again, we'll answer any questions and request a vote. So that's what the presentation will be this evening. So I'm gonna turn it over to Justin and let him start with a quick construction update.

Justin Ross (Livic Civil; PA Data Center Partners)

All right. Thanks, Andy. Just again, for anybody that hasn't been here, there is a micro site for the project, pax1campus.com, which we'll continue to post updates. There are updates coming in the next two weeks. One of the things mentioned last time was a quarterly schedule. That's being consolidated to get posted. Again, I think the larger schedule is on the township website currently. Just as a general update for the community, there's been about 338 workers on the site to date over the last several months. We average about 125 workers currently per day on site through the activities, and 77% of those are within 50 miles of the site.

So three quarters are local labor, supporting jobs in and around Cumberland County. Additionally, the current work on site, the blasting did continue into a couple days last week. That's contrary to what I stated at the last meeting. That was due to some weather right after the meeting. We thought we were gonna end that Friday. That weather pushed us into last week, but that has commenced. The blasting is on pause until fall, when permits are in line for the second campus. So it will resume again, but later, fall into winter.

And primarily the work that's happening on site right now is moving of material, cuts and fills, from the center part of the site towards the back, towards 1B or Campus 1. Again, the center part of the site is a little bit higher, and that's the cut part, where the PPL pad sits. And that will soon be handed over to PPL to begin their construction activities. So

Unidentified speaker

that's ongoing over the next several weeks.

Justin Ross

Stormwater improvements, the ponds. Again, a lot of dirt work activity. So as Andy mentioned, final 1B, final land development plan for Phase 1B, is on the docket for this evening. This plan is materially the same as the preliminary plan that was approved six or eight weeks ago. So we'll slowly start to walk through this. I think upon request of the site plans, yes, we have them for you. And what we put together here is really a three-dimensional model of that site plan, showing Campus 1.

So the two first two buildings there on the bottom left, and then the four buildings in the top right would soon follow. There's a tank area kind of in the northwest corner of this campus, with access on the southern side. So again, this shows... It's hard to see in this. There's a lot of young landscaping out front, and we'll get into that with some other visuals. The mature existing landscaping or trees around the creek is the buffer that will remain on both sides. And then the other plantings will grow into, at some point, be that tall, and we'll talk about some of the tree heights.

That was a question last time as we go through. So again, this image is really showing renderings. I'll try to walk through these. But the blue arrows are the renderings presented last time. I'll step through those again for anybody that may not have been here. The red arrows are new or additional renderings, viewpoints that were requested primarily along that Country Club and Bernheisel Bridge location, Appalachian Trail looking west, as well as anyone traveling from Bernheisel Bridge down Country Club Road kind of towards the site. So we'll look at what it looks like from each entrance and as you travel down that road in the future.

So this image is Country Club Road, again, coming from the south of the site, past the country club, past Cumberland Preserve, the new residential development, cresting the hill, and looking to the north towards the ridge. So Campus 1 would be on the left, behind a berm in the trees. You start to see just a little bit of white behind those trees. That's the building. 1C is the laydown yard, would be to the right. But again, in final condition there won't be anything on that side other than landscaping and a berm. And then looking straight out towards the middle of the picture, you start to see some tips of the transmission infrastructure on the site.

So when you crest the hill on Country Club, you're kind of pointed directly at the PPL substation, some of the switch yard and gears there. And then Campus 1 is beyond that in the background. So again, we're probably three-quarters of a mile from this point to Campus 1, maybe a mile from the southern part of the site all the way to the back. A small detail.

Unidentified commission member

Are you doing a berm on 1C or not?

Justin Ross

Yes. I don't see a berm there. I think it's behind those trees and landscaping there. So there's some... I think to correct this image, those trees probably need shifted back slightly to be on the berm. So that's a good catch.

Larry Claycomb

You're forecasting a view here, which is quite attractive. Excuse me. What year will this be? Is this 2080?

Justin Ross

No. So these trees, so the flowering trees at planting are six to eight feet in height. The deciduous kind of native oaks and maples, at planting height they're probably around 12 to 14 feet in height. So these trees, the tallest trees you'll see here are approximately 28 feet, and the flowering or the pink trees are around that 15-foot mark. So we're showing about a 10-year, 10 to 12 year, into the project. Now most of these plantings are gonna be planted the end of this year or early next year. So the project's gonna be probably four years until it's fully built out.

So I would say this is looking at about five to six years beyond completion. When the trucks leave and the construction's done, this is about five to six years

Larry Claycomb

into... Will these trees be planted soon, or will they be planted when you're completely done? He said this fall. Yeah, this fall.

Chair

Correct. Yeah. Okay. And...

Unidentified commission member

I would agree with your commentary except for one. I see the trees in front of the substation, but nothing attractive about that substation.

Unidentified speaker

You think that now?

Unidentified commission member

No. Of course not. The trees, I find impressive. Right. I see the small trees in front, which is a good start. But I guess that ship has sailed.

Justin Ross

Yeah, I think what you see out there is the overhead transmission lines. The substation... And I'll get to a different view. Okay. The substation elements are pretty minimal.

Unidentified commission member

Well, I see white poles, which are not the transmission lines. Yeah. Correct. I guess that's part of the substation.

Larry Claycomb

Yeah, correct. So you're talking 2030, 2026? 2036. 36, yeah. 2036 to '38.

Unidentified speaker

Well, we're dead.

(Laughter.)

Larry Claycomb

Okay. Well...

Unidentified speaker

It's all over.

Justin Ross

But again, these trees will continue to mature. But we have to show... I mean, we thought it reasonable to show 10 years from today. Reasonable? So five years of construction, five years into the calendar. Five years of construction.

Larry Claycomb

So this image... I'm not finding it unreasonable, but I think it's good that we establish that. Sure.

Unidentified speaker

How tall are you building?

Justin Ross

So this image is looking at entrance one, or the main entrance into the campus. We shared this last time that, again, the difference is the substation infrastructure wasn't far enough along in the last rendering. So that's now been included. The towers you see there, again, are taking the PPL power to the individual or the smaller substations. The white poles that Jim had noted are closer to the treetops, that's more the infrastructure within each of the substation areas or within the PPL substation area. Thank you for adding those. It gives us a realistic view.

Sure. This next image, again, is entrance two. So the entrance further east on Bernheisel Bridge. This would be looking right in that entrance. Again, the infrastructure that's closest to that point is the switch yard and then the overhead transmission lines to each of those substations.

Larry Claycomb

Are those large poles that we see, are they the existing line or are they feeding the various...

Justin Ross

Those are... Yes, those are poles that PPL will install to feed, so go from their substation to the smaller substation, and then from there everything's underground.

Unidentified speaker

Otherwise, you wouldn't see those in the top picture.

Well, I can't see the building too far.

Justin Ross

They don't go there.

Unidentified speaker

Very much.

Justin Ross

I agree that would be their... So Campus One is straight back in this view. Campus Two is the building on the left.

Chair

30 years from now.

Unidentified speaker

It's awful.

Justin Ross

So this is a slightly updated version, again, from last time. This is on the eastern side on the internal drive, looking towards Campus 1B. I know there was requests last time to show people and cars for a scale perspective. So in a couple of these images, we did include that, and this one specifically. So again, looking at Campus 1 in the back, that includes the front of those three buildings in that back campus.

Unidentified speaker

It's right in the middle.

Justin Ross

This is a new image. Close to the same thing, but more of an elevated view. So in the prior image, you would be on the ground. This is up in the air, about 40 feet, looking towards the campus. Again, just to get a better feel for how these buildings are kind of functioning together. This is looking at the main entrance in front of us going into the complex. The first building that would be constructed is the building there on the left. And then there's three more buildings behind these to the rear.

Unidentified commission member

Could you back up one slide for five seconds? Sure. Thank you. That's good.

Justin Ross

Some additional images that were requested. Again, this would be at the main entrance. What's in front of us or kind of in the center of the picture here would be the Stone House. It's under the treetops there. So the image on the left is a photograph taken two weeks ago, and then the image on the right has the roadway and the current trees that are there. The berm that would be installed to the right, which is really where the job trailers sit today. Landscaping on that. And then Campus Three would be straight behind the large trees in the back here.

So when you kind of travel down the road, if you look under or through the existing trees at the Stone House, those are gonna remain. And behind that really is Campus Three. Similar, this is at that eastern access drive. So before we were looking kind of to the right back towards PPL. In this view, we're looking down, or somewhat down, Country Club Road from this vantage point. The left is what you see today. Current berm is in the foreground with the yellow seating on the left, and then the right is the berm of landscaping.

I think what you'll note here is Campus Two is center of the picture, and Campus Three is there to the left. So all the way at the end of Country Club Road is the stone house and those trees we just looked at. And then kind of to the right and behind that, you start to see Campus Three, which is... Let me just see that picture here. I guess you can't pull up to it.

Unidentified commission member

The comment was made in last meeting that Campus Three sat very low and hard to see it. I mean, it looks like quite the opposite in this rendering.

Justin Ross

So from the high point on Country Club Road, it does sit low. From this vantage point, you are looking kind of down into the rest of the campus. And this is

Unidentified commission member

not the highest point on the road, is it, or is it?

Unidentified speaker

No, this is lower point.

Justin Ross

It's not the highest point, but... Yeah. Well, it's right at the entrance. We know where it's at. Yeah, it's not.

Robynn Eppley

Did you want to...

Justin Ross

That's coming next. That's coming next. The high point. I don't have the high point. The high point of the road is if you look down... Look down on everything. We can do it. When I drove down, I didn't believe that was the best vantage point. I believe this was, but we can go back and add that. We should. It is a realistic... It is what it is, right?

Unidentified commission member

If you crest that hill, you will see everything. Oh, you see everything.

Justin Ross

Yeah, and again, we're not trying to hide anything. I just feel that this provides a more clear representation of what is gonna be there. So we can do that, Jim.

Unidentified speaker

And this is coming towards what, as if you were on Bernheisel Bridge? Yes. That is correct. Yeah.

Yeah. Great.

Justin Ross

So the last one from this vantage point is actually on the Appalachian Trail. So if you hike about fifty yards off of the intersection of Bernheisel Bridge onto the trail, the trail is in the foreground here. Looking out, in the center left of the photo, left of the existing transmission towers, you just barely see the top of Campus Two. And then on the right center of the image is Campus One, which would be kind of the upper third of the building behind the tree line there.

Of note, the Appalachian Trail, about another eighty-five yards forward, drops down. And the vantage point of Campus One is no longer, because the trail drops down in elevation. So there's a point here of about five hundred yards, crossing Bernheisel Bridge and then out through this field, and then it drops back down. So you can see it for this short distance, and then you can no longer see it.

Robynn Eppley

Okay.

Justin Ross

And what about the PPL yard? The PPL yard is on here. It is masked by some existing trees that are to remain, to the right of those towers. But it is on here. Again, this is about three-quarters of a mile away, and visually what you can see with the naked eye starts to wane. On Campus One, these were shared before. I just included them again for any questions. And then we did provide an update to this view again with some people and cars, per the request of last meeting.

Robynn Eppley

That looks like a good representation.

Larry Claycomb

Is that section with windows all administrative?

Justin Ross

No. So the windows, again, are really a facade treatment. Artificial? Yeah. They're not transparent. You're correct. They're artificial just for aesthetics. Okay.

Robynn Eppley

Thank you. And there's just the wall behind them.

Justin Ross

Yes. That's correct.

Unidentified speaker

The building wall. That's correct.

Justin Ross

Yeah. And so one of the things, I know focal length came up as a question last time about camera versus visual. On some of the images where we tried to match photorealistic, so we took a photo, and we tried to match the rendering, those are at a slightly less focal length, like just basically whatever your iPhone is. These images are closer to, or at, what a human eye would be from a representation standpoint. Again, the other ones deviated just because we were matching images to image. But these ones do match the human eye.

That was a question that was raised last time.

Larry Claycomb

To the far right, that low wall, is that the one that shields the generators?

Justin Ross

That is correct.

Larry Claycomb

Thank you.

Justin Ross

So these are the other four buildings, buildings three through six. Again, they're two different prototypes, so they're slightly different in visualization or treatments. And the architect was here last time to speak to that. And then lastly, same image for the other building, that we provided some scale and enhancements there for vehicles.

Unidentified speaker

Is it a machine or computer?

Justin Ross

So I think Andy and I are gonna go through some questions that were raised last time, specific to the public and some that the commission had. So there's some more in-depth reviews that we did to get some answers on those. So maybe we'll start with a couple.

Unidentified speaker

I don't know.

Follow-Ups to Prior Meetings' Questions

Andrew Giorgione

One of the questions that's come up in a couple of the meetings was about, is this, are these campuses gonna create like a heat island in the area? And so we did some research. A peer review study at Arizona State University came out in April of twenty twenty-six. And they studied data centers in the Phoenix area. And they studied upwind and downwind, and basically found that the average downwind air temperatures were approximately one point three to one point six Fahrenheit warmer than the upwind areas, and they reached a max of four degrees Fahrenheit.

That effect extended roughly a hundred to five hundred meters, depending on the facility, the weather, and the campus configuration. Because the study involved only four facilities in a hot, arid climate, it would be viewed as evidence that localized warming can occur, not as a prediction of the temperature effect of PAX, but that it does occur. But there's a distinction. The Phoenix sites predominantly used sensible air-based cooling and were located very close to residential areas. PAX-1's climate, open space configuration, planned hybrid cooling system, and separation from surrounding residences are materially different.

Unidentified speaker

Where is your evidence for that?

Andrew Giorgione

So I think it's important to note, too, the impervious area that will exist after construction is complete. There are three development phases that will be seventy-one percent non-impervious, retain approximately ninety-five acres of woodland, and preserve approximately ninety-six point six percent of the woodland currently present. The buildings are distributed across large rural campuses rather than within a dense urban district. These characteristics do not eliminate heat generation, but they substantially provide more room for dispersion. The required planting of street trees and other landscaping throughout the campus will serve to reduce pavement temperatures from increasing. So I think in reading the studies, what we took away is there's generally no applicable ambient air temperature standard for development.

Thermal discharges into water are specifically regulated through water quality permits. For heat release to the air, the practical controls are facility design, equipment efficiency, setbacks, landscaping, and exhaust configuration. And we think this campus addresses those issues.

Chair

You're talking about percentages. Do you have actual acreage that will be grass or woodland versus macadam or buildings? We do.

Justin Ross

We do. So it'd be seventy-one percent of seven hundred would be non-pavement, non-building.

Unidentified speaker

So that'd be almost five hundred acres of non-developed area.

Show us where.

Chair

Seventy-one percent of seven hundred would be about five hundred acres undeveloped. Four hundred and ninety.

You said seventy-one. Yes. Seventy-one percent's gonna be undeveloped, or seventy-one... I ask you what's gonna be covered in macadam or buildings. What's the acreage that's gonna be covered in macadam or buildings? Two hundred. Two hundred acres. Four hundred. Okay. So then... Okay. Now, so five hundred acres will be grass, weeds, trees, whatever. Okay. And two hundred will be either building or macadam. Right. Yeah.

Larry Claycomb

Is your total acreage seven hundred? I thought it was... Six ninety-four.

Unidentified township staff member

Yeah.

Unidentified speaker

Okay.

Larry Claycomb

No, that refreshes my memory.

Justin Ross

Another topic last time was, there was a news report highlighting Meta in Wyoming regarding biological contamination of the water system. So again, if you're reviewing the articles on that, there's a couple things that are clear. They currently don't know the source of the bacteria. That bacteria is naturally occurring in soils, in water and, presumably, in that region. But there's no source that has been identified. There's claims against the contractor, there's claims against Meta, but that continues to be unresolved. The primary difference in that system is there was water purchased from the municipality.

Again, it's unclear if that was potable water. There's reclaimed water, and there's a third source of water within that community. Assuming it was potable water, but there's no verified statements on that. Secondly, that water was used for commissioning of equipment, which we would have here, very similar. And then that water was discharged to a slightly different configuration. So they have reclaimed outdoor ponds that they utilize to collect and hold municipal or industrial wastewater, and then they use that to irrigate various things throughout the community. In our case, we are taking water from Middlesex MTMA, that is potable water.

We would be using it for commissioning just like any other commercial project in the region. And then that water is regulated through MTMA for discharge back to the municipal authority. So a couple of the differences: MTMA has strict discharge standards for industrial wastewater, which this would be industrial processing water. And then that would go to the treatment plant for further refinement and treatment. That treatment part at the end is one of the main things that didn't occur or wasn't required in Wyoming because it went to this outdoor irrigation system. So while we're not saying that something like this can't happen, the likelihood is very low given the strict standards that need to be followed through the Middlesex authority.

Larry Claycomb

How much, if any... Well, I shouldn't say that. How much increase in temperature will the wastewater treatment plant experience as a result of this increased temperature inflow?

Justin Ross

So the system is designed to have no increased temperature inflow, primarily because the effluent water, so any water that would be used in the evaporative cooling system, will flow into two of these large tanks. And then it'll be stored there for a period of time before it's discharged to the treatment plant. So the tank water essentially will be at ambient outdoor temperature when it is discharged to the municipal system.

Larry Claycomb

So there will be no water to the municipal system except this that is ambient? Correct. Thank you.

Unidentified township staff member

And the tanks seem kind of close to the Conodoguinet Creek. What if there was a catastrophic failure of one of those tanks that was holding commissioned water that was used?

Justin Ross

So those tanks are regulated through DEP for secondary storage containment.

Unidentified township staff member

And what does that mean? Is there a dike around, with a pond around the tanks?

Justin Ross

So I don't believe it's a dike. They will be spec'd and installed as dual walled with appropriate monitoring equipment. Was that an annual inspection?

Unidentified township staff member

Right. What's the inspection period? You said monitoring. How are you monitoring

Unidentified speaker

So the... the dual wall? The

Unidentified township staff member

the... Electronically, like a fuel pump?

Justin Ross

Yes. It'll be real-time monitoring by the operator.

Unidentified township staff member

What's the height of the building? I know we went over this. Is it eighty feet or seventy feet or seventy-five feet high?

Justin Ross

The buildings are sixty-five, and then there's a ten-foot parapet. Or don't quote me exactly on sixty-five. It's right around sixty-five, sixty-eight, somewhere in there.

Unidentified township staff member

Well, I mean, it's been talked as eighty, and

Larry Claycomb

I thought it was like sixty-five with the...

Unidentified township staff member

Yeah. Okay, thanks. Do you have a question?

Unidentified commission member, former facility operator

No, I just wanted to do a follow-up on that. I know one of the members of the audience asked a question about what are you gonna do if there's an incident on-site or water release and stuff like that. And from having run facilities and dealt with DEP, everybody needs to understand the power DEP has when there's an incident on-site. You as an operator of the facility, I don't know if you will be the operator or your tenant will be the operator of the facility, they have to create what is called an ERAP, Emergency Response Action Plan. And this covers every scenario you could imagine, from a snowstorm to a chemical spill to a rail derailment, lightning strikes, anything.

I had to write these, I know, because they're a real pain in the butt. And the first thing they come in when they come in to do an inspection, they want to see your Emergency Response Action Plan. And in those plans, there are phone numbers for who's gonna get called, what's gonna take place. If it's a chemical cleanup, who's gonna be called? If there's a power outage, what all's gonna take place on-site? And OSHA also reviews those when they come in. They want to see that in your health and safety manual, of course. But it's important to understand that the operator will have to have a scenario for every situation that's imaginable.

Unidentified township staff member

Are

Unidentified commission member, former facility operator

there fines by DEP

Unidentified township staff member

if you don't have your records in order?

Unidentified commission member, former facility operator

Absolutely. And then this one

Larry Claycomb

right here. Of course, a fine is not sufficient.

Unidentified speaker

No, a fine is no big deal. Well, they can shut you down, too. DEP can shut you down.

Larry Claycomb

Yes, I know. But a fine, too many people pay and move on.

Unidentified commission member, former facility operator

Yeah.

Unidentified speaker

But you wouldn't.

Andrew Giorgione

Nope. I wouldn't.

(Laughter.)

David Hutton

Sorry.

Andrew Giorgione

I'd lose my job. So there's another issue that was raised by a member of the public the last meeting, I know it was important, involving bird migration and building design. And so obviously we know this area is a corridor where there's bird migration. And it's an environmental concern if the birds interact with buildings in a negative way. So research shows that this risk is driven primarily by the building design, and our architect talked a little bit about that at the last meeting. So there's ways that you can address this. You could do limited architectural glazing.

You can use dark, non-transparent glass. You can use large setbacks for vegetation, which he talked about at the last meeting. And of course we're using lighting that's dark sky compliant. So the glass that's gonna be used is called spandrel glass. It's opaque architectural glass used to conceal the structural components. Again, it's not functioning windows that people will be looking out of. And there are other ways that you can also treat that glass. So we're looking at these issues right now, but there's products like Feather Friendly, Kaleidoscope, and SOL, which they apply to the outside of the glass that create textures and line patterns that would distract the birds.

So I don't have an answer for the tenant right now today on that issue, but we think there's enough that's happened already architecturally, but we're also looking at this coating on the windows as well too as a further mitigation method. I was in

Unidentified township staff member

Vancouver, Canada recently, and they require large dots on the window at a certain distance between in order to mitigate and discourage bird strike. Did you ever hear of that?

Andrew Giorgione

Yeah, I mean, that's what I was talking about, exterior dots and line patterns. Thank you. I think it's a coating that they just apply to one side of the glass. Yeah, stickers. All right, Justin's gonna go through

Phase 1B Waivers and Modifications

Unidentified speaker

the waivers and parallels.

Justin Ross

Yes. Right. So the last part here, just wanted to step through the waivers that we are requesting on Final 1B. I believe these are exactly the same materially as the waivers that were requested and granted for Preliminary 1B, but we will go through each. I'm looking at the July 2nd letter from HRG. It was the second review letter, is that correct, Mike? That's correct. On page two of that letter, there's a table at the top for requested waivers. So the first waiver is SALDO Section 501.A.2. That is... No, no. Underneath

Unidentified speaker

that section. We're on here, 501.

Larry Claycomb

I have Livic's. Yeah, 5... I have that. So what we... Those are your copies

Unidentified speaker

right? Yeah, I gave them to you at the last meeting. Okay. It's an HRG memo dated July 2nd.

Justin Ross

Larry, just so we're not confused, the reference line on there, does that say PAX Phase 3 or Phase 1B underneath the 2? 1B. Is it? Okay. Here, Larry. You can look at this one. Here you go.

Unidentified speaker

Okay. Thank you.

Justin Ross

All right. So back on 1B. So the first waiver or modification request is plan size and scale, SALDO Section 501.A.2. Again, this is requested to provide the larger campus at a reasonable scale that we can all see. The second waiver is location map scale, SALDO Section 501.A.6. Again...

Unidentified township staff member

Right there, Larry, on that page two.

Unidentified speaker

Do you see them in the table?

Justin Ross

Yeah. Good. So again, technically a modification for those first two because we are providing them. We're just deviating from the specific requirements slightly. The third item is curb and sidewalk along Country Club Road and PA Data Drive. So this is a waiver of SALDO Section 703.A.10, for curb and sidewalk in those locations.

Unidentified speaker

Justin, to clarify on the curb and sidewalk along Country Club Road and PA Data Drive, the plan does have a note, which the township has used in the past for this waiver, that says, "Within a period of time after notification of the township, if they require curb and sidewalk, then it will be installed by the developer." So if another project in the area extends curb and sidewalk, the township can trigger that note and require it to go in. But if it were to go in now, there wouldn't be any connection over there.

Justin Ross

The next item is depressed curb at driveway entrances, SALDO Section 703.I.4. Again, this is entrance off of PA Data Drive into each campus. Rather than putting a depressed curb, which you would do on a residential driveway, this is more of a commercial application. So requesting waiver of putting a curb on a heavily trafficked entrance. The next is provide sidewalk within the campus, so SALDO Section 707. We do provide sidewalk within the campus to each building. However, we're not providing sidewalk connecting each of the campuses together or connecting out to the public way, primarily for safety considerations.

So that is a waiver really for the campus itself and sidewalk connection to Pennsylvania Data Drive.

Mike (HRG)

Related to the note that I described a minute ago, the internal sidewalk is not covered by that note. The sidewalk along Country Club Road is; that potentially could be required in the future. The sidewalk internal to the site along PA Data Drive would not be subject to that provision. If that waiver is granted, there would be no sidewalk on PA Data Drive, period.

Unidentified speaker

On the driveway from PA Data Drive to 1B. I'm sorry, yeah.

On the...

Unidentified township staff member

On the roads within the data center campus.

Justin Ross

The next section is for scale of maps and exhibits within the EIA. There's several sections here. SALDO Sections 718.D.3.a, 718.D.4.a, 718.D.4.b, D.4.c, and D.4.d. Again, those are for map scales within the environmental impact assessment report. The next is detention basin side slopes greater than four to one, stormwater ordinance Section 303.J.3. This is a modification to allow side slopes steeper than four to one for those facilities. The second to last is dewatering time greater than 48 hours. That's stormwater Sections 303.H.17 and 18. Just wanna clarify, I think it says 17 on this sheet, but it's actually 17 and H.18.

There are two sections referencing the same item.

Unidentified speaker

You good? Yeah, we're good. Oh, go ahead. You have a question.

Robynn Eppley

You said that it's not only the.17, but 18 is also included in this?

Mike (HRG)

Yeah, that's a typo in my letter. That's my fault. There are two sections which are back to back that both reference that dewatering time. Okay. So the intent is to allow a dewatering time of 48 to 72 hours, and we need a modification of both of those sections.

Justin Ross

And the last is infiltration of stormwater, stormwater ordinance 303.B.2. This is a modification simply because we have provided infiltration on the site where it is feasible. In places that it's not feasible, we have utilized the DEP approved alternative methods for stormwater management. So that concludes our presentation. If there's any questions, we can take them. If not, we'll hand it back over.

Waiver Count and Terminology

Mike (HRG)

Did you count nine waivers?

Unidentified speaker

I know some of them have several on one. Nine of them, correct.

Larry Claycomb

Section number seven, you're eliminating.

Unidentified speaker

No, we didn't eliminate anything. Well, it says not needed here. Oh, is that on Livic's letter? It is. Okay. What's the citation?

What's the section number? Section 718.D.3.b.

Mike (HRG)

This is for the 1B plan, correct?

Chair

Yes.

Mike (HRG)

Yeah. We don't have that on our list. So I think we looked at it and agreed that it wasn't required. Let me go back and see what it was exactly.

Unidentified township staff member

We've gone by the list on Mike Hasser's

Unidentified speaker

letter.

Larry Claycomb

But the point is, what's on the print? And is it on the print? If it's not needed...

Mike (HRG)

Well, this was a modification request for plans and elevations for the building. We did ultimately get plans and elevations for the building, so they didn't need the modification request. And the reason that we needed them, we didn't need full architectural detail, but we needed to confirm some issues where compliance with the zoning ordinance comes into play, like the percentage of glass and the massing of glass. So we got what we needed. Do we know if that's still

Larry Claycomb

in their request for approval?

Mike (HRG)

No, it's not. And I think that's why they struck it through, is it's no longer requested. Oh, okay. It's

Larry Claycomb

not included in your request. Correct. Okay. So then there are nine waivers. Correct. Okay. Thank you.

Unidentified speaker

Questions for him from the panel?

Larry Claycomb

We had just one, it's your Livic letter. Some of them were called waivers and some were called modifications. Aren't modifications waivers?

Mike (HRG)

That might be a question for the lawyers. I think the intent is for modifications, they're providing what the ordinance requires but a different version of it. Plan scale is a good example. That we had listed as a modification because they are providing a plan that is drawn to scale, but it's not the scale that the ordinance requires. The waiver is where they're requesting relief to not do the thing at all.

Unidentified speaker

That's not the same thing. And they also had deferrals on some of their prior approvals. There's no deferrals on this one.

Yeah, a

Unidentified township staff member

lot of the deferrals

Mike (HRG)

were in preliminary stage, to defer an item to the final plan. But for 1B, this is the final plan, so there aren't any deferrals anymore.

Larry Claycomb

I'm just looking at this from a legal standpoint, what do we have to say?

Unidentified township staff member

We've been doing it this way for every plan so far. This is not any different than the last plan for 1B. It's almost the same word for word waivers. You can say at the end that we grant nine waivers with the requirement that they provide a waiver letter with written justification for each, and list each waiver on the plan set. If you're not sure that that's been done. Yeah. Well

Larry Claycomb

maybe we've done it in the past, but I sat in this chair for twenty years and I have no memory of seeing a modification.

(Chuckling.)

Unidentified township staff member

Well, in the subdivision ordinance, technically modification or request is the only thing it says in there. Okay. It doesn't say waiver anywhere. But I think their attorney asked that they be labeled differently because they mean a slightly different thing. Waiver is a complete waiver of that section. A modification is where they met part of it, and they modified part of the requirement. But in the subdivision ordinance, you only see the word modification requirements, I think. It's commonly used as waiver and modification interchangeably. We're kinda using them technically. If you'd rather call them all waivers or all modifications... No, no, I just wanna understand.

Unidentified commission member

I'm good with that. I think

Larry Claycomb

then when we write the motion, we should say, "Waivers as requested and modifications as defined in letter so and so." Does that make sense? Yes. We can't just say modifications.

Unidentified township staff member

We got...

Larry Claycomb

What?

Unidentified township staff member

It's right here.

Larry Claycomb

Yeah. We got it. Yeah, as defined in... Yeah. Okay.

HRG Sound Review Letter; Tenant Question

Unidentified township staff member

Thank you. I wanted to bring up one other thing before, if you're taking some action. We have a second memo for Phase 1B, sound review letter from HRG. You should have it from last time I gave it to you. Dated July eighth, twenty twenty-six. We have met about this today with the developer. They're agreeing to provide information to meet this memo. So I would suggest if you wanna move it forward with conditions, that you would make a condition that they meet everything in the sound letter review by HRG of July eighth, subject to review by HRG.

Unidentified speaker

Do you have a copy of that, Jill

Unidentified township staff member

Yes.

Larry Claycomb

It's in here.

Unidentified speaker

I don't know if you have questions.

Robynn Eppley

Do we know who the tenant is yet?

Unidentified speaker

Tenant has not signed the lease yet, so we cannot disclose.

Robynn Eppley

Okay. For me, I thought that was part of the final. It is. That was needed.

Unidentified township staff member

It's no requirement of our ordinance, Robin. It's not required in our ordinance that we know who the owner or tenant is.

Larry Claycomb

Jerry, excuse me, that you have a final.

John Manta

Yeah.

Larry Claycomb

So you don't know who it's for.

Unidentified speaker

No, we don't. We don't know who the tenant is, but we can't. It's not a signed lease, so they won't. And we're not even gonna give it until it's signed. But it's been a little difficult to get that.

NPDES Permit Iterations

Robynn Eppley

And your NPDES at the last meeting, they were a no. Are they a yes now with your comments?

Larry Claycomb

Not sure if anybody wrote down.

Unidentified township staff member

What was that?

Robynn Eppley

Have not been finally approved.

Unidentified speaker

Use the microphone.

Unidentified township staff member

They have been?

Larry Claycomb

Yeah.

Robynn Eppley

Could you repeat the question?

Barb Simpson

I didn't hear it last.

Unidentified speaker

The question is... The NPDES... The question is, have the NPDES DEP permits been approved? Just a minute, Robin. Mike's gonna answer that.

Mike (HRG)

You have NPDES permit approval, NPDES coverage for Phase 1B, correct? Correct. So it's not a comment in our letter because that phase has received a permit.

Unidentified speaker

And we have a copy of that permit, and it was a modification of the prior NPDES, a major modification of the Cumberland Knoll

Well...

Unidentified township staff member

Cumberland Knoll McNaughton plans. So they modified that, a major modification. They did obtain a permit back in June, was it? Or May? It was a while ago. That's what's allowing them to move earth and blast out there.

Robynn Eppley

Was that the first iteration of that permit? I understand there's four of them that have occurred. The

Unidentified township staff member

major modification

Robynn Eppley

Robin? From the NPDES permits. I've heard it's been gone through four different iterations. Is that correct?

Justin Ross

That is correct. The one you're referring to for 1B, I believe, is permit three. Okay.

Robynn Eppley

And then, what you were saying.

Unidentified commission member

I do have one question. There seems to be a lot of back and forth on the number of tanks. Have you updated the final plan with the number of tanks you actually plan to construct?

Justin Ross

So, good point. The tanks do continue to slightly change. I think last meeting we spoke about 2.4 million gallons. As of this week, they're back to 2.1 million gallons. Again, it has to do with cycles of concentration and how the final water design is coming together. So the tank area, again, those tanks may slide within that tank area, but that will be the area.

Unidentified township staff member

So it'll be the same impervious area, you're saying? That's correct. Yes. So you may add or take away tanks depending on what you need or the mix?

Justin Ross

I don't believe there will be a number change at this point, but the scale, we're just honing in on the final configurations.

Unidentified commission member

So with the supervisors' approval of the plan, how does that work? Do they have to resubmit changes if it changes? Because I know if you're going to develop a residence and you wanna change it, you'd have to get reapproval.

Mike (HRG)

I think if the supervisors approve this plan, then that's approval to build what's on this plan. And if something changes, then, depending on the nature of the change, it may require reapproval by this board, by the board of supervisors, or at the building permit stage, depending on what it is. So for example, if the tanks get smaller compared to what's on the plan, that may not be as significant of a reapproval process as if they get bigger or be more numerous.

Unidentified township staff member

Our attorneys talked about whether it's a substantial change or not. That's not really written in the law, so it's up to the discretion of the board.

Unidentified commission member

Yeah. So what are you submitting for your final? Can you please describe what we're submitting?

Unidentified speaker

Yes.

Unidentified commission member

I assume it would be off the plans that are drafted. That

Justin Ross

is correct.

Unidentified commission member

And that is what? How many source tanks? How many return tanks? And what are their sizes?

Robynn Eppley

Maybe you want to say.

Justin Ross

So the current water tanks are six supply tanks, so 2.1 million gallons, 55 foot height, 84 foot diameter. Wastewater tanks are two at.88 MG, 52 in height, 56 diameter. Fire suppression are two smaller circular tanks. They're roughly 150,000 gallons each, 30 foot height, 35 diameter. Those are the 10 tanks.

Unidentified township staff member

What was the name of the second tank? Wastewater. Wastewater tank. Supply, wastewater, and fire. Correct. And how big is the wastewater?

Unidentified speaker

.88 MG. And then...88 in comparison to the 2.1. And then these? Yes, yes.

Unidentified township staff member

In addition.

Robynn Eppley

Everything.

Justin Ross

Yes.

Unidentified commission member

Thank you.

Robynn Eppley

Yeah. That's the specific one.

Unidentified commission member

Another question. The lines from the tanks, are they all above ground or are they in the ground? They are below ground. Below ground. Any monitoring of those through pressure or... I assume

Justin Ross

you don't have leakage like you would for fuel. Correct. Yeah. They would all be pressure gauges for pressure monitors.

Robynn Eppley

Justin, let's go back to these NPDES DEP permits. So if there's been four iterations of these permits, can you explain that to me so I can understand that? What makes... Are they like four different, entirely different permits? Is it one permit that has iterations that changed within it? And if that happens, why?

Justin Ross

Sure. So when the property was acquired, Cumberland Knoll, the residential project, had an open NPDES permit. That was on the eastern tract of land, the one parcel.

Robynn Eppley

So just one second. When you say it's open, that means that it's open for that particular project?

Justin Ross

So it is an... Or is

Robynn Eppley

open that it can go to someone else, and

Justin Ross

that's what open means. It is an active NPDES. So when I say open, I mean it's active. So it is approved and under review and discretion by the County Conservation District and DEP. So they would visit that site on a routine basis, do their inspections based on that plan.

Unidentified township staff member

Did it transfer to the new owners?

Justin Ross

So the first step was a transfer to the new owner, because the new owner would take over responsibilities, because the permit goes with the land.

Chair

Okay.

Justin Ross

So that transferred to the new ownership entity for this project, Carlisle Development. And that was the first iteration. What's that? That was... The first step was the permit transfer. Okay. At that point, what happens with the NPDES permit is there's a permit boundary, and then there's a limit of disturbance. So the permit boundary is typically the entire property, so that if something was to change, you don't have to change your permit boundary. You just change your disturbance and the plan content. So the first, and in the state's requirements, is you can only have one... You can't have overlapping permits. So you have to have one permit that is open on a site. You can't have two permits that are open on top of each other, right? Okay. So at that time, the permit was transferred. The first submission or change to that permit was the PPL laydown area. So we took the existing permit, we expanded the permit boundary to cover the entire development so that... Question.

Unidentified speaker

That permit was open for the streets that we saw being built. Correct. So McNaughton was starting to build streets and was running sewer and water, so his permit was for that area. Correct. Okay. Then you took it over and then you...

Justin Ross

So that was an active ongoing permit. We can't just close that permit because it was under construction and there were things happening. So the only option we had was to modify and expand that permit so that we didn't have two permits on top of each other that were active at the same time. So the PPL laydown, which is the construction yard and the stormwater basin, as well as the removal of some things that were installed as part of the residential development, was part of that first NPDES submission and change. So that was a whole brand-new submission. The only nuance is it's under the same permit number, dash one, dash two, dash three, as you mentioned, dash four.

So the existing permit number, because of what happened there, was then used and expanded. That was done. Then there was a subsequent submission for blasting and water main extension, water main relocation.

Unidentified speaker

So one... Wait a second. Let me just back up here. So the transfer is the first iteration. The transfer of the... That

Justin Ross

could be. Yes. That could be. I'm not sure of...

Robynn Eppley

And then is the PPL what you just described with what needed to change with the laydown? Is that number two?

Justin Ross

I'm gonna... Nick, do you know if Campus 1B was four and Campus Two is five? Or if...

Unidentified township staff member

Campus Two is four.

Unidentified speaker

So one would be 100 extra. Two would be...

Okay.

Two would be the blasting. One would be the PPL. Three is the current business permit

Justin Ross

I believe. Or one was the PPL laydown. Two is the water main. Three is 1B. So there's some technicalities. I don't have that offhand.

Chair

I can

Justin Ross

get that for you, if you wanna seek a closer look at which numbers go to which phases. I can describe them... I would like that

Robynn Eppley

yes.

Justin Ross

I can describe them dash two, dash three, dash four. I'm not 100% sure on it in this meeting right now.

Robynn Eppley

Well, just give me an idea.

Justin Ross

Sure. So again, the first was the PPL laydown. That was a new NPDES submission. The second was the blasting and the water main.

Robynn Eppley

Okay.

Justin Ross

That was, again, a full submission. The third was Phase 1A and 1B, so the actual construction work for those two phases. That was a new submission. And then Campus Two has been submitted and is under review.

So that was the fourth. Whether the permit transfer is one or the permit transfer was not... I think the permit transfer was just a number, and then it's been one, two, three, and four after that.

Robynn Eppley

Okay. So then going forward in this project, then with this permit, then we will continue to see different... So it would be like number five, and then number six, et cetera, and that's routine.

Unidentified speaker

Correct.

Chair

Routine. Yeah.

Robynn Eppley

Okay. That's all I needed to know.

Unidentified speaker

Sure.

Appalachian Trail Status

Unidentified speaker

One other question. We were asked at the last meeting about the Appalachian Trail appeal. It was stated that you were working with them. Did you have a status update for that?

Andrew Giorgione

Yeah. First of all, it's not an appeal. We're just working through the governor's Office of Opportunity Transformation to come to a resolution of their concerns. We've been waiting for something back from them on how they'd like to address their concerns, and we're still waiting. So I know they're actively talking to the Appalachian Trail Conservancy. They give us updates that they are in discussions, but we haven't gotten anything concrete back from them yet.

Unidentified commission member

Okay.

Andrew Giorgione

Thank you. There are no other questions, ma'am.

Public Comment on Phase 1B

Chair

All right. Now I will entertain any questions from the floor. And questions and comments are limited to three minutes. Please try to hold to that. Ma'am, you had asked a question.

Please go ahead. This is for Phase 1B only.

Unidentified speaker

Question. Please bear with me. I keep doing this. I have a question of the gentleman here. Would you give your name and address, please?

Name and address.

I have a question of the gentleman, the one who's talking for the center. We need your name, ma'am.

We need your name and address.

Oh, I'm sorry. I'm Deborah Crawford, Wildflower Drive, Carlisle. You say about the water, and I understand that you have contracted for 400,000 gallons a day. Is that correct?

Chair

Yes.

Unidentified speaker

If there is a shortage or there is a problem, what are the limits on your usage of the water compared to the community?

Justin Ross

So the maximum we can ever pull is 400,000 gallons per day, as you stated. That is the permit and responsibility. The authority, Middlesex Township Municipal Authority, controls the demand thereafter. So if they choose to cut us off and serve the community, that is their right to do so. We cannot affect that decision. That's on the authority.

Unidentified speaker

Okay. So if the township notices a problem, they can restrict your water.

Justin Ross

The authority could, yes. Okay.

Unidentified speaker

You say that there is a limit on the sound, and there is a limit on... And you have the way of controlling the water that's going back in so it is not hot and will not damage the environment. What safeguards are in place if you violate that?

Justin Ross

On the water side?

Unidentified speaker

On heating, the sound, anything. What are your consequences if you violate this?

Justin Ross

Right. So the authority has industrial waste discharge requirements. So there are prescriptive requirements that must be met before water goes into that system, from temperature to quality to sampling. So there are sampling facilities at each of the campuses that are designed on the project. They can come test and pull, and then they would regulate thereafter. From a sound perspective, we have a preliminary study that's been reviewed by the township. It's prepared in a conservative nature. We anticipate the equipment specified will be within those tolerances and less than what's in the model. Again, some things we spoke about with the representatives this morning.

As well as, the developer has spoken with the panel here that we'll commit to a post-construction study and modeling to ensure that after construction, after operation, everything that's been designed and installed and implemented meets those same numbers that have been proposed and are within the ordinance. If not, Mark can regulate that. The township would impose fines and penalties on the applicant.

Unidentified township staff member

Does the agreement require you to mitigate and come within the agreed-upon standard? Yes, absolutely. Okay. So that would be then. But

Unidentified speaker

what if you don't do it? I mean, the township imposed penalties, okay? What's to ensure you will pay them and not just walk away and leave a mess for us? Is there an escrow account? Is there money put aside? I mean, people could declare bankruptcy all the time. They just leave. You've torn up all the land. There's, you know... I don't understand what safeguards are in place. That's a lot of water. That's a lot of danger to the people living here. Our property values will probably go down because of the impact of this facility. So I don't understand what safeguards guarantee that you can't just walk.

Andrew Giorgione

Yeah, I mean, given the size of the investment that will be here, the number of dollars and the tenant who's gonna be probably the most creditworthy tenant in the country, they're gonna fix the problem. They're not just gonna hand the keys and walk away. And the agreement will... How do we know?

Unidentified speaker

the agreement will say that they will fix and mitigate the problem. Correct.

Robynn Eppley

Is that something that is included in what's been referred to as the developer's agreement?

Unidentified speaker

Yes. So where is that?

Robynn Eppley

And is that something that's fluid, it's not yet...

Andrew Giorgione

All the drafts are in front of the township. It's under review right now.

Unidentified speaker

So why are we going ahead?

Unidentified township staff member

Those documents. That would be up to the supervisors to finalize that and implement it. That would be before the plan is recorded.

Unidentified speaker

So why are we going to tell them?

Okay. I probably have more questions, but that's it.

Robynn Eppley

Thank you. And does the plan get... What's the sequence of when the plan is actually recorded?

Unidentified township staff member

After they meet all the conditions on the approval. Have you ever seen an approval by the Board of Supervisors in their minutes? How many conditions? There's usually a list of conditions. Sure. Once they meet those conditions, then the plan can be recorded. The agreement would be signed before the township orders the plan to be recorded. That'd be one of the conditions of approval.

Robynn Eppley

So this occurs before final approval of what we're discussing here tonight, the final land development plan.

Unidentified township staff member

The Board of Supervisors are gonna hear this on August 8th. If they would approve the plan, they can attach reasonable and necessary conditions to that approval. Such conditions would have to be met before the plan would be recorded. Do you understand? Sure. Well, no, I'm just trying to explain it. You asked me what happens before it's recorded. They have to meet the conditions of plan approval, and then it's recorded, and the staff reviews that.

You said August 8th. No. You mean the... I believe, yes. Sorry. August 5, Wednesday, at 6:00 PM.

Unidentified speaker

My turn. My name's

Robynn Eppley

Jason Bulock

Once again, Golden Drive. I'm a resident. My question last time was, where will the discharge water go when it becomes contaminated? That wasn't addressed. I'd like to retain my time too. I have some questions.

Justin Ross

There again, like I was saying, these guys don't have that answer yet.

Unidentified speaker

That'll be covered in their emergency response action plan that the operator of the facility would have to write. Sure. If DEP wants to see that when they come in, they have...

Jason Bulock

I'm an industrial safety professional and familiar with the ERAPs, but my question to the board would be, has anybody been able to review those ERAPs yet? I mean, I know there's this mysterious tenant and all this, but we know exactly what's going on here and what it's gonna be used for. So where are the ERAPs? They wouldn't be completed yet. Why not?

Unidentified township staff member

I think he's asking where would the discharge water... It goes into the public sewer. Well

Jason Bulock

right. No. So it's gonna go to Carlisle in part, and then part of it's gonna go to Middlesex, right? No

Unidentified township staff member

it's all going to Carlisle Regional Treatment Plant, through them. Okay. So then the sewage, the water that's used and contaminated by use will go into the public sewer. Stop the clock, please.

Go ahead. I answered your question.

Jason Bulock

I'm just asking for my time back. I have a few questions, so...

Justin Ross

Well, then, ask your questions. Rather than back and forth, back and forth, you can ask your questions and allow them to answer.

Jason Bulock

So have you had an opportunity, has anybody on the board had an opportunity to review the ERAPs? Anybody, yes, no? No is the answer? Okay. How about decommissioning bonds? Is that something that's been entertained here at all or discussed? Because we know these facilities are gonna become obsolete someday. They're gonna get torn down. That e-waste is gonna go somewhere. So that costs us money as taxpayers, correct? Unless you have some kind of bond or other programs in place to take care of that.

Unidentified township staff member

Not required by our ordinances.

Jason Bulock

I didn't ask if it was required. I asked if it was happening.

Unidentified township staff member

Not happening.

Jason Bulock

Very good.

Hilda Vazquez

Wow. You approved this ordinance in Middlesex, in the township way.

Chair

Wait till your turn.

Unidentified speaker

I know. I'm talking.

Unidentified township staff member

I said wait till your turn.

Unidentified speaker

I know.

Robynn Eppley

Tracy.

Unidentified speaker

Yeah.

I have one more.

Unidentified township staff member

Have respect for this man asking his questions.

Unidentified speaker

Has anyone on the board here signed a non-disclosure agreement with a client or prospective client?

Unidentified township staff member

No.

Justin Ross

Not that I've signed, no.

Unidentified speaker

Nobody?

Unidentified township staff member

No.

Unidentified speaker

Okay, thanks.

Robynn Eppley

He needs a verbal. He needs a verbal from everyone on record.

Unidentified township staff member

Don't need anything. We're done.

Robynn Eppley

Yeah.

Unidentified township staff member

We said no.

Unidentified speaker

Juan Kurtz, Teaberry Drive. I have a few questions related to water infrastructure, fire suppression capacity. What is the peak fire suppression water demand for the entire 18-building campus, and has the county's water utility certified that it can meet this demand simultaneously with residential and commercial needs? Thank you.

Justin Ross

So I don't have specifics on that. What I can tell you is we have been meeting with the fire and EMS team from the township for those discussions. I believe that's more of a building permit application procedure as far as fire suppression demand and how that all gets designed into the facility. There's dry chemicals. There's different systems with these facilities that are not water-based, given the electronics. So the demand from a regional community perspective is low.

Unidentified township staff member

This is something that would be reviewed and approved at the building permit phase. And they have said they have tanks for fire suppression water. Some of it's dry chem, like you had said. The electronic equipment's not water-based. So at the building permit, the building code specifies whether fire suppression is needed.

Unidentified speaker

Okay. I have another question. Will the campus draw from the same municipal water main that serves residential areas? If so, what pressure modeling has been done to ensure firefighting in the neighboring home is not compromised during a campus emergency?

Justin Ross

So first answer is yes. The municipal main that goes across the property is being tapped for service. MTMA has reviewed, their engineering team has reviewed, those provisions to ensure adequate pressure.

Unidentified speaker

Okay. Is the developer required to fund dedicated on-site water storage tanks or a private fire loop system to avoid depleting the municipal supply?

Justin Ross

Yes, the dedicated on-site tanks.

Unidentified speaker

Okay. Last question. How does the daily operational water consumption for cooling interact with emergency fire suppression water demand? Can both be met at peak loading?

Justin Ross

Yeah. So the system is designed with storage both for cooling and fire suppression. So the demand on the actual public transmission line would not be used, or we would be drawing from the tanks on site for both of those. And then the intent is to withdraw the same amount every day of the year from the system, so there's no peaks or changes. Thank you.

Jocelyn Colyer

Jocelyn Colyer, Bernheisel Bridge Road. So I just had a couple questions. You mentioned many substations on site. Can you give more information about that?

Justin Ross

So the way power works is, this site is being served by 500 kV transmission lines, PPL transmission lines. The first substation drops that power from 500 to 138 kV, and then there are smaller substations that drop that from 138 kV to 34.5 kV. That's a typical distribution voltage that you would see to communities and residential. So that's a step down twice to get to a distribution voltage that can be transmitted to each of the campuses. Okay.

Jocelyn Colyer

And then as far as your heat island study, I would love to see that. I don't know if that's something you could share. But I also am just wondering, Arizona and Pennsylvania are quite different. There was nothing in Virginia that was similar, of similar size, that's more similar to our climate. I'm just wondering why you would use a study from Arizona.

Andrew Giorgione

It was the most recent, I think, was the reason why we used that one. Was it a similar size to PAX?

No, it was a four-building campus. Those...

Jocelyn Colyer

So we're doing 16, right?

Andrew Giorgione

The buildings were of similar size. Okay. But I would also note that if you look at the temperatures in the Virginia region and this region, even though they have literally hundreds and hundreds of data centers in Loudoun County, the temperatures are the same in both places, even though they're south of us as well too. So it didn't seem like it made sense to look at Loudoun, and there weren't any recent studies, so we just kind of looked around to see what we could find. But Arizona State University 2026, you should be able to find.

I don't have it. I did the study, so.

Jocelyn Colyer

Okay. And then I just... This is just me being, I guess, a little upset, but if you're only using 200 acres out of 700, I find it really hard to believe that you couldn't find a location suitable, because wasn't that the whole point of doing this rezoning and this rubber-stamping of, oh, there was nothing that met your needs? But you're only using 200 acres. So I'm just being spiteful saying that. I'm just wondering, I know you brought up Wyoming. Are you aware that Carlisle had a recent violation with the EPA just in June? So I'm just really worried that they're gonna be able to handle what you're giving them if...

Yeah, the EPA, just in June, Carlisle Wastewater had a violation for too many biosolids. So I just think something of this size and magnitude adding to that should be a red flag. Also touching on the stormwater, I'm not sure why we're doing three stormwater waivers, especially the dewatering greater than forty-eight hours. Of something of this size and magnitude, this close to the creek, we shouldn't be granting waivers for those. That's just my opinion. I think it's awful. I can't fathom why we would do that. And again, we've been hearing since February about this tenant. And I find it really hard to believe that we're here at the final stage and it's still not been disclosed when in February you said, "Oh, we'll let you know soon." That's frustrating.

That's not transparent. That's not forthcoming. And I'm just wondering too, as far as the AT, if we're still waiting for their input and feedback on what you're building, why are we gonna approve a final plan? Because that's a big impact. Well, and I guess I'm just gonna say too that I think, if there's no decommissioning bond, there's no performance bond, and we don't have a developer's agreement, these things should happen first, in my opinion, to protect the township.

(Applause.)

So again, it's frustrating that we're here talking about a final land development plan without all these things in place upfront, transparent. So I would hope that you guys would say no to this.

(Applause.)

Hilda Vazquez

Country Manor West,... This board don't have to approve, recommending this plan because you concerned what Justin Ross putting in the email, including with Mark Carpenter and the other engineering like Nick Long and Andrew Stoller. You know, this township have concern right now that is recurring. We have a lot of weakness, and you don't have to recommend. But additional, I have a question for Justin Ross. The DEP when approved the permit for blasting, they have concern for your deliberate plan, or they approve anyway? Because DEP don't want a provider by Right to Know the conversation by blasting company and DEP.

Probably the conversation has something about that email. Do you have response for that? The DEP have concern?

Justin Ross

No, DEP did not have concern.

Hilda Vazquez

They have concern because I tell today and communicate today with DEP, and they have all information. I request the investigator for everything in any office.

Justin Ross

That statement was made to clarify to the township. So we were being transparent in what was occurring and why it was occurring. So I don't believe there's anything... Was it a poor statement? Yes. Did I make it? Yes. Do I think it has any impact on this project? I do not.

Hilda Vazquez

You don't have to clarify to Middlesex. You have to clarify with the resident because when I

Unidentified speaker

put in an appeal

Hilda Vazquez

in an open record, the township said they don't have any paper provider that you say sorry or something about that. You talking about the resident.

You, the engineering, you don't suppose make that, and you know. All engineering know about that. My concern, I'm very upset, and I say here public, the township, this board don't have to approve the final plan because doesn't matter if they by right, it's by right, it's for a permit. The township can take action for that conversation because township done talking for the resident. Township talking for the office. For resident, we have right.

(Applause.)

Lydia Klunk

Good evening. My name is Lydia Klunk. I live at Essex Drive, Carlisle. Forgive me if I'm a little nervous. This is my first time coming to a township meeting or anything like that. But this is something that really concerns me. So first I'd like to ask my two fellows in their fine blue polos here, where do you guys live?

Somewhere.

Justin Ross

Could I ask the relevance of that?

Lydia Klunk

Sure. I've grown up here my whole life, and I really love this area. Would you like to live in Middlesex County specifically, or township specifically, right next to one of those data centers? Would you like to live there?

Unidentified speaker

I got a house for sale just for you.

(Laughter.)

Selling agent.

How about the state of Pennsylvania? Do you live in Pennsylvania?

Justin Ross

I believe when you weigh the benefits of this project to the region...

Lydia Klunk

What about right now? Honey, I did not ask you that. Would you like to live here?

Andrew Giorgione

Yes or no? That wouldn't bother me, no. And I live in Dauphin County. I've lived there 37 years.

Lydia Klunk

Great. Okay. And how about you?

Andrew Giorgione

I live next to a group home, by the way, so...

Unidentified speaker

You don't get credit for that. A group home. What? I don't have to tell you about it. I would have no concerns. A group home...

pollute water and make...

Lydia Klunk

I know that everything around you sound like it's...

Andrew Giorgione

This project doesn't pollute water.

Lydia Klunk

Okay. Would you like to live right next to a data center? I'd love a yes, because that is what you are forcing all these residents to do when you put up your data center here. I'm sorry, sir, I don't know your name, in the dark blue.

Andrew Giorgione

If the closest home is 1100 feet, I would have no concerns with it.

Lydia Klunk

1100 feet. That's a long way. Justin, would you like to live here?

Justin Ross

I would have no concerns.

Lydia Klunk

None. None at all.

Unidentified speaker

Buy our houses.

None?

Lydia Klunk

Okay.

Unidentified speaker

I'll buy them for you.

Lydia Klunk

That's great news. Well, I have concerns because I do live in this area, and my life is going to be impacted. And I'm only twenty years old. I'm pretty young. I'm hoping to start a family in this area, but I don't know if I want to do that if my children are going to have to be raised around data centers instead of the Appalachian Trail. You showed those lovely pictures with its bright, shining green grass.

You all saw the shining green grass, and those nice big trees. Tell me, is the Conodoguinet going to look the same in twenty years when my children are this age, and they have all that shiny green grass?

Justin Ross

No. The Conodoguinet will be improved.

Lydia Klunk

Oh, improved. Oh. How? Are you going to improve it?

Justin Ross

The positive benefits of this development on the community, both financially and generationally, are immense, and I would have you research that topic before you talk about permits that you may not fully understand.

Unidentified speaker

Push the button.

Unidentified audience member

Wow. Boo.

(Booing from the audience.)

Unidentified speaker

You made my point for me. Thanks. Stop the time. Push the button.

Lydia Klunk

How is the Conodoguinet gonna be improved?

Those water levels gonna rise? Nope. Those fish populations gonna climb? How are the native species gonna love your data center?

Barb Simpson

Tell me.

Lydia Klunk

Oh, you can't. Don't approve this shit. Thank you.

(Applause.)

John Manta

John Manta, Ridge Road.

Justin Ross

What was your address? I didn't get your address.

Lydia Klunk

Essex Drive. Oh, she said it.

Unidentified speaker

Yep. She said it.

Chair

She said it. I heard her say it. I'm just making sure. Great.

John Manta

Ready? Okay, go ahead. To your question, sir, about the University of Arizona, they state downwind air temperatures in urban areas like Phoenix will rise as much between fourteen and twenty-five degrees. That's from the University of Arizona. Want another one? University of Cambridge, over a twenty-year period, noted that the local temperature is rising between four and sixteen degrees where large data centers exist. Do you want more? Is that enough?

Barb Simpson

More. More.

John Manta

Okay. Next question. You talked about employment. What's the total number of employees that will come from Pennsylvania, more specifically Cumberland County, when the data center is up fully operational?

Unidentified speaker

Stop the clock.

John Manta

Stop the clock. You guys can do another high school basketball game. No, it's a very significant question. The other data centers that you built that were equal and greater than what we have here, how many permanent employees are there? We're not the tenant, sir. So you don't have to answer. So far

Unidentified speaker

seventy-seven percent of the construction workers are from this area.

John Manta

Seventy-seven percent. Wow. Seventy-seven percent of what?

Unidentified speaker

Construction workers. So far three hundred and... I don't know what the number was. Three twenty-five. So that's close.

John Manta

So the next question is, how much of the data center area will be enclosed in fence? The whole seven hundred and plus acres?

Unidentified speaker

Each campus.

John Manta

Six hundred acres? The two hundred acres around the immediate area? How

Justin Ross

many? Each campus, so approximately the two hundred acres, but it's less than that because there's more impervious outside of that. So a hundred and fifty acres.

John Manta

So only a hundred and

Unidentified speaker

fifty acres around the data center will be enclosed in fence, yes?

John Manta

Is that what you're telling me? That's an estimate. Yes. So let's talk about generators for a moment, shall we? The number of generators... Don't do that, sir, please. I'm asking you, don't do that. Don't dismiss what I... as some kind of moron. We were talking about... Don't shake your head. We were talking about fences. Sir, please behave yourself. And to add to... The other part of that is, I do not like being disrespected, so don't do it, please. I'm sorry. I apologize. Thank you. Generators. With the amount of pollution that just came out of Minnesota and Canada, when you lay off those generators, how much more pollution is it gonna add?

And do you know the exhaust emission types that will be generated by diesel generators? Natural gas has two, water vapor and CO2. What's the generator's exhaust like?

Unidentified speaker

Push the button.

John Manta

You don't have

Unidentified speaker

to. It's only me. Don't let him speak.

John Manta

So do we know? Does anybody know? The fire suppression with the dry chemicals that are gonna be required to put out lithium batteries, how do you intend to contain the lithium batteries if they explode or if they catch fire?

Justin Ross

That's part of the operational standards that they intend. I'm sorry, I can't hear you, sir. It's part of the operational standards of the facility, and they're reporting with the fire safety and life safety as part of the building code process.

John Manta

Thank you very much for your time.

(Applause.)

Andrew Dymski

My name is Andrew Dymski. I'm at Bernheisel Bridge. My first question is about the sewer permitting process. I've seen component three. Can you just speak to what the process looks like from there for this phase?

Justin Ross

Sewage planning for the project, for domestic sewer, has already been approved. That was approved for the property. So sewage planning goes with the land. That was approved for the Cumberland Knoll residential development, with pump station on site. The industrial wastewater is a separate permit process provided or requested by the applicant with SRBC and those aspects. DEP asked us to submit a component three that documented the current demand that was approved on site, as well as to confirm that the downstream conveyance of additional industrial wastewater was satisfactory. So the component three was solely looking to make sure the pipe sizes downstream of that water flowing through the system was satisfactory.

So as part of the component three process, the Carlisle Borough Treatment Plant, as well as Middlesex and the supervisors, the three of them need to sign off on that as being reviewed and accepted, and then that goes to DEP for issuance of the permit.

Andrew Dymski

Are there any further ones? I mean, beyond, do you have to do... My understanding was the Cumberland Knoll approved pump station, the capacity didn't give you enough to get your industrial volume out. Am I wrong in that?

Justin Ross

So the component three and the industrial volume are two separate things.

Andrew Dymski

So they're two different sewer lines?

Justin Ross

Yes.

Andrew Dymski

Okay. What does the permit timeline look like for the industrial waste, and is that with MTMA, DEP, or the Carlisle Borough?

Justin Ross

So the industrial waste goes kind of with the building permit schedule. That is part of... It's what's called an industrial NPDES permit that would be applied for by the user, which includes their tanks, the makeup of the water in their system, their discharge, their volumes. That all comes with the user as part of their fit-out of the campus.

Andrew Dymski

When you guys talked earlier about the gray water and the black water, does that mix on your site, or does it get mixed off-site on the pipes?

Justin Ross

Off-site.

Andrew Dymski

So the industrial wastewater permit timeline, where would that fall in this time? Is that like a six months from now thing? Six months, six weeks?

Justin Ross

It's a permit that is responsible prior to usage of water. So the applicant, prior to startup and commissioning of the buildings, would need to secure that permit.

Unidentified speaker

Okay. So although we build all the buildings, but you couldn't use them until this permit was...

Larry Claycomb

Correct.

Andrew Dymski

Okay. That seems strange. Sound monitoring: I understand that Mr. Courtney said a while ago that sound monitoring will be paid for afterwards by the developers, and one thing that I've come across in my research is that sound monitoring doesn't pick up the low-frequency stuff when it's measured at the ground. But if you pump that measuring stick up twenty feet in the air, it registers totally different wavelengths. So I would encourage this board to put a parameter on that, that we just update whatever that line in the developer's agreement looks like to make sure that that is addressed. Because that's been cited in Virginia because people can't sleep on their second floor, and they have to go to the basement, and they found they couldn't figure out the sound stuff until they threw that tracker twenty feet up in the air, and then they saw those elevated levels.

Another question is around the sound study. The supply chain is very clogged right now, and you guys wanna get online as quick as possible. Would it be possible to have an updated sound study that showed more buildings in traditional air cooling methods than just the two that you have modeled so far?

Justin Ross

I'm not sure I fully understand that. So we have provided a full campus, all buildings on at the same time.

Andrew Dymski

Yeah, but the mechanical types are different. Like, there's fourteen buildings with the higher tech models that you've talked about, and the first two buildings you said are gonna be older, like more fans running.

And two weeks ago, the Department of Energy issued a statement that data centers have to use their generators to run all their equipment to get off the grid. So that, plus the fact that you might have more buildings with older units, and that sound study on the low frequency was pretty close to the limit. I'm wondering, could we just get a model of what that would look like if you have to deal with supply chain issues, which could happen?

Justin Ross

So I think we've covered your question this morning. Rather than a sound study, we are documenting with HRG and their sound consultant the actual number of fans, the number of generators, the number of sound-emitting devices that we have assumed within the model. Specifically so that if there is a change when the building permit is submitted, and there's ten of these, and we said there was eight of these, then Mike and Mark's team can flag that as a change and require additional modeling if that were to occur. So I think it is addressed because we are kind of putting a checklist menu together of, this is what we have assumed in this model, and if there is a deviation, then we would be required to do an additional model.

Andrew Dymski

But it puts us on the back foot as residents that are living with the impacts, because we can't see that until the mistake is already there. Definitely.

Justin Ross

Yeah. You have to rely on...

Unidentified speaker

... the township. You do.

The township.

Mike (HRG)

Yes. I think I'd address that the same way that I addressed the comment a little while ago about the tanks, which is that if the plan is approved, that allows the developer to build what's on the plan. If something changes, if they wanna build a different style of building with a different footprint, different HVAC system, what have you, that's not part of the approved plan, and then it would have to go through a process to amend the plan, revise the plan. If this plan is approved, that would entitle them to build what's on the plan, not variations, changes, alterations, different styles of buildings.

Arlene Darlington

To get amendments.

Unidentified speaker

Yeah, to get modifications.

Andrew Dymski

What I'm trying to communicate is that, for this board to make an informed decision, they're looking at a best case model. They're not given a medium case or a worst case model.

Mike (HRG)

I don't know that that's accurate. And that was the subject of some of what we talked about this morning, which is that if the models of generators, HVAC equipment, fans, louvers, any of those items that are included in the sound study change, if they come in with something that's quieter, no problem. If they come in with something that's louder, then the approved sound study is no longer valid. It goes to the same point of, an approval entitles them to build what's approved, not anything and everything. So if they do come back with something, if the model turns out to be conservative, they come back with something quieter than what's included in the model, we're satisfied.

If it turns out that the model is non-conservative, and the actual equipment selected is louder, then the approval is no longer in place.

Andrew Dymski

Okay. My last question is, my son has a breathing issue, and when the air gets bad, he can have spasms in the night, and that happened the other night when the smoke was really bad. And we live like 3,000 feet away from this thing, and again, the notice from Department of Energy really concerned me, because at peak heat, we're gonna have all those generators running by mandate from the federal government so that the grid isn't strained. That on top of 81 and 76, and our air quality already being to the point where we are an environmental justice zone here. Would the developers commit, and I understand this probably isn't in the ordinance, but it would be one of those goodwill things.

Would you guys commit to any sort of emissions modeling, or are you already doing that, and I've missed it? That just like you've modeled the sound, you would model the emissions at peak use when we've also got the truck traffic the way it is?

Justin Ross

Yeah. I have a son with similar respiratory, so I understand where you're coming from. From the project standpoint, there will be an air quality permit required of the end user based on the generator type, their emissions, all of their protocols for operation. That is a permit that they will secure with DEP that goes through all of those requirements. It has to do with co-location and all the emissions that are associated with that. So that is part of the traffic process.

Andrew Dymski

Once again, we have to wait, and we can't see it up front. And there's been a lot of talk about how this campus brings a lot of benefit to the community. But time and time again, we are told to wait and to wait and to trust you, and there's deep pockets, and things will work out well. I'm trying to be controlled. I wish you guys would just do above and beyond.

(Applause.)

Unidentified speaker

Good evening, all....

Earl Beam

Thank you for your time. First of all, I'd like to thank the gentleman here. I had a comment at one of those supervisors meetings about the stones and dirt out on the road. You've been doing a good job. You got your gentlemen running around, your brush, to keep the stones off the road. Thank you very much. Second, I've been sitting out here, and I watched 75 trucks so far bringing in stone. Thank God, all of them covered. Thank you very much. However, your trucks could be... When they see the sign where it says 30 or 35, I think it's 35 mile an hour, they do slow down.

When they leave, that's the problem.

Unidentified speaker

They're going like hell when they go back out that way.

Earl Beam

I'm just saying. You know, someone could get killed there. But again, thank you for all your help in that. There's still stone trucks coming off of Bernheisel Bridge Road, and there's just a 10 tons limit sign that somebody put out there. I don't know who it is, but that's more than 10 ton. But again, that's a township problem. But I live right across there. I have four questions, so please give me the time to ask so you gentlemen can answer this. An 18-building hyper center campus that operates hundreds of diesel backup generators during a prolonged grid outage, the cumulative health environmental impacts will be severe.

One of my first questions is, how many generators will be running or tied in tow if there is an outage? And what's the expected burn rate per hour for your diesel fuel?

Justin Ross

Good question. I can answer that by saying the majority would be... So each building has several backup generators. I don't know the exact specific number offhand, but the majority of them will be running some percentage, let's call it 10, 15%, would probably not be running at an emergency situation. Correct. As far as the fuel demand, I have been told that these campuses probably would receive fuel twice a year. So that's based on testing and some other things. I don't have the specific burn rate offhand.

Earl Beam

Per hour.

Unidentified township staff member

I'm just saying, I have Cat

Earl Beam

big Cat generators at warehouses, so you should know how much fuel that burns. Thank you. Second question is, what are the cumulative air quality impacts if all generators run simultaneously for 72 plus hours during a regional grid emergency? Has an air dispersion model been submitted to the county health department?

Justin Ross

So again, that would be part of that DEP air quality permitting. I don't even know exactly what's in that, but they would talk about operations and those features. But that's an end user requirement. Just like there's other third party... the DEP has standards. They have departments specific to these items that are used across the state to regulate various things, from stormwater, to air quality, to river withdrawals, to aquifer withdrawals. So it's really not the purview of this board to speculate on those specific permit criteria. I mean, their responsibility is to review the land development within the ordinance, and then rely on the state agencies to enforce and provide those standards outside of that.

It's not uncommon to approve a plan where a PennDOT HOP permit or a DEP permit is still outstanding, because those are the expertise of the third party agencies that would be a condition or would be part of future approval.

Earl Beam

Does the public get to see that?

Justin Ross

Yes. So DEP can hold public comment. They can hold public hearings. It's up to the direction. Depending on the permit type, so there are permit types that reach certain levels, and if they're below that level, DEP has determined that there is no concern. So above that level is when they hold public comment, hold public hearings, and go through that process, but that's really their prerogative as to how they've built the system.

Earl Beam

Okay. I asked this question before about generators, what brand you have, and you said you didn't know at the time. But I don't know if you know what generators you're getting now or not, but will particular filters and a tier four emission compliant engine be required on all the generators? Yes. Okay.

I asked before one time about the storage. You said all your diesel fuel is gonna be stored just in the pipelines going to the generators?

Unidentified speaker

Button.

Justin Ross

So the generators have belly tanks. So each generator will hold its own fuel, and then there will be a system connected so that fueling occurs at one point.

Earl Beam

Yeah. So ours have 100-gallon belly tank. But again, we fuel different. So you're just saying there's gonna be a pipe run to each one? Correct. And is there a plan being filed with EPA on that?

Justin Ross

Yeah, I believe DEP acts on behalf of the EPA for various air quality and other permits.

Earl Beam

And one last question. Does the developer have a certified spill protection control and countermeasure plan as required by the EPA?

Justin Ross

That would be a requirement of the fire marshal, and it's part of that tenant operational safety and hazards document that would be provided to Clark and the township.

Earl Beam

And last, I forgot about the last one here. This is personal. By living straight across the street, so if I have an air study done after these buildings are put up, and a sound study, I don't care what I spend for this, and it does not meet your township, you're gonna have to change that. Absolutely. Okay. Thank you very much.

(Applause.)

Barb Simpson

Barb Simpson, Teaberry Drive. I have a comment and a question. In our most recent newsletter, kudos to whoever's putting information in the newsletter. It's a refreshing change from the past. Thank you. The newsletter said the water capacity planned for the data center is not much different than that for the previously planned housing development. So we're talking about a housing development that has 1,400 residential homes, say four people per home, compared to 18 buildings with maybe 20 people in them. We have a difference annually of 59,000 and 641,000 gallons. I find that water capacity is very much different than the newsletter says.

My question is, what are the effects of the noise on our children's mental health?

Unidentified audience member

It's not going well with me.

Justin Ross

That's not part of the study.

Barb Simpson

It probably should be. I have read numerous articles that indicate that there's gonna be some mental health changes in our children. Thank you.

(Applause.)

Mike (HRG)

I can add some context to the information about the water capacity for the previous subdivision. Bud's on vacation, but he and I have had this conversation. He was here when the previous residential plan was approved. The total demand for that project was about three hundred thousand gallons per day. This project's about four hundred thousand. So it is certainly an increase, but it's not zero to four hundred, it's three hundred to four hundred thousand gallons.

Unidentified speaker

Michael McNulty, Country Club Road. So I've stood up here many, many times, asked a lot of questions, given a lot of context. So I'm here tonight with a heavy heart. Over the past year, I've attended so many of these meetings. I've missed very few, and previous to that, I attended meetings as well for the development going across the street, for the lights that are going up at some of the buildings across for the tractor trailers. So I've attended these meetings, maybe not as regularly as I have lately, but I have attended because this is my

Barb Simpson

community.

Unidentified speaker

It's my home. It's my neighborhood. After reviewing my notes and posted minutes, I remain deeply concerned about this project and how it has not reflected the living experience of many of our residents. I understand not everyone's opposed to PAX-1, and I also understand some may not fully see the scale of what is being asked of the people who live closest to it. The project has an impact on our land, nearby families, the Appalachian Trail, our local waterway, the wildlife that belongs to all of us. I'm also concerned about the purpose and the long-term use of the information housed at these buildings, and whether it supports the freedoms and the way of life we value. For those of us who live here, this is not an abstract development issue. It is the sound we hear. It's the dust and the diesel we breathe. It's the trucks on our roads. It is the worry that the safety and peace of our homes are being treated as an acceptable trade-off. What has hurt the most, really, the residents have had to push repeatedly for protections that should have been addressed prior to any work beginning, ordinances that have not been reviewed and updated in a timely manner. Blasting and inspections and relevant meetings come after blasting has already started. We've asked for water testing, and we're still waiting.

Noise protections remain inadequate for the people who live with this day after day. The low-frequency sound from machinery, it's not inconvenient. It's physically unsettling. Trucks are damaging the roads, and some drivers move through our residential area as if the people that live there aren't. These are seniors. We all matter, all of us. Too often, it has felt as if this burden's being minimized because it only directly affects ten to twelve families on Country Club Road, but no family should be treated as expendable. A township's responsibility is not only to manage growth. It is to protect the people who already call this place home.

So I ask, who decided this was what our community wanted? Who decided this was in our best interest? What protection will you place now, not later, not after you voted yes, to safeguard us, our water, our roads, our wildlife, and our quality of life? A community agreement may be a step in the right direction, but it cannot replace accountability. Please do not ask residents to accept money in exchange for our peace, our safety, and our trust. Do not sell us for thirty pieces of silver.

(Applause and cheering.)

Good evening. Kyle Gerber, private client for Bernheisel Bridge Road. This is a big night. Tonight is when this commission is going to give final recommendation to the supervisors before they decide on August fifth whether to give final approvals to Phase 1B, which is PAX's first campus and data center buildings. After that vote takes place, if they approve it, there's no walking it back, at least not in this venue. The choices that you make tonight will be remembered as either positively or negatively impacting Middlesex and its residents. You have a very weighty decision that has been set before you tonight. I want you to ask yourselves if proper planning principles have been demonstrated throughout this project's short lifespan.

The very ordinances that you are recommending approval or denial based on here tonight were written by the developer's attorney. He sent them to our zoning officer, Mark, on December of twenty twenty-four, and they went right into the draft, which wasn't in public minutes. We found this out through Right to Know. The environmental study that you're recommending approval or denial based on was also written by the developer's own chief operating officer. A recommendation for approval communicates that you endorse this project, environmental impacts and all. And your recommendation goes to a board who's been entrusted and tasked by the State of Pennsylvania in our Constitution to be a trustee of our air and our water.

If you have any questions about that study, you owe them and us more than the developers' word for it. Myself and other neighbors have come to meeting after meeting. We have said no in every way we know how to, but our voices have been ignored because this project was written to succeed before we knew we had to speak up. There is little humanity involved in the mere comparison of ordinances to project specs. But as a commission made up of people, you need to bring the wisdom and discernment that goes beyond mere box checking and thinks for itself. Discernment here tonight recognizes that the developer helped write the check boxes you're evaluating, and they did so without any regard for our comprehensive plan or for Middlesex residents.

You should not recommend something tonight. You should not recommend approval. You should not go on public record for endorsing something that you know isn't right. If you feel that you can't recommend denial, I strongly urge you to do so. But if you feel that you must recommend approval

(Applause from the audience.)

then at least go on record through your comments and conditions that you are opposed to the project, the process, or both. Put yourselves out there tonight, regardless of what you think it may cost you. You've sat on the front lines. You've seen the flaws in the process and the project firsthand. Don't be silent if you know this project and this process is wrong. Don't lay awake tonight thinking about what you should have said.

Say it now if you know what it is. We, the residents, we can keep fighting relentlessly because we believe our land, our home, our families, our children, our health, and our future is worth protecting. Please show us tonight that you value and are willing to protect these things as well. Thank you.

(Applause from the audience.)

David Hutton

David Hutton, Teaberry Drive. I've been here twenty-five, lived here twenty-five years of my life in the same house. I have a unique perspective on this because I'm a commercial developer, fourth generation in Cumberland County, and what I have to go through to develop a ten-thousand square foot building, and what we've had to go through over the last hundred and eight years my company's been in business, is nowhere even close to what you guys are letting them

do. So I'm kinda sitting here and trying to hold myself back, because the lengths that I have to go through as a developer to get a ten-thousand square foot building built in Cumberland County is like almost unobtainium. You can't get there anymore with all the DEP regulations, BMPs, stormwater. Stormwater is killing us. Almost every project I work on, stormwater kills the project. And because the tenant or owner is asking for certain things, I as a developer have to build the project to try to implement those things under the regulations of Cumberland County, DEP, all these regulatory that you're talking about. So my question is, I had trouble building a thirty-five foot tall building just recently.

How are we doing a sixty-five to seventy-five foot building in this kind of setting? Because I can't even get a thirty-five foot building passed through Cumberland County in an industrial zone. Me either. Wow. You know, I'm caught in the middle, because I live at the very tip on the Teaberry Drive. I can almost see the site from where my kitchen window is or from my house, same as Barb and other people that live here. And I'm a developer, so I'm in their seat a lot of times. I'm at township meetings constantly. So my question is, just a couple things real quick.

How many trees are they required for the two hundred acres that they're disturbing in order to do this project? And are there ponds and containing ponds, things like that on the site? I didn't really have a chance to review all the drawings and everything, but I wanna see the kind of stormwater management that I have to do for a small ten-thousand square foot building versus eighteen buildings like this. I don't think the two hundred acres is gonna contain that, because I did the math and something's missing. Because what I had to do for an acre versus two hundred acres, if it's comparable, something's off.

So the ponds would be massive, especially with the Conodoguinet being within so many feet. And I know that there's stipulations of when you're close to a water source, and those tanks are that close. I've never been allowed to put tanks that close. I'm doing a building right now that has one generator and they're killing me on one generator, for a building in an industrial area. So I can't understand, if there's gonna be more than one generator, how are they getting this through?

(Applause from the audience.)

Unidentified audience member

Well, on 535.

David Hutton

Well, and I know what it co... So I also had to put a sound containment unit around my generator for this commercial development project, and I have one generator. So are they being made to contain all of those generators? Because if I am, I'd like to talk to somebody about what they have to do to theirs too. So I'm out of time, but I have 25,000 questions here I could probably ask, but the big thing is that I'm looking for answers on quantity of trees, the pond sizes, all the things that I know that they're gonna be required, because I am.

Mike (HRG)

I can answer a few of those. I don't have the number of trees offhand. We could look it up. Six acres. You mentioned the ponds would have to be massive. They are massive. A lot of that area that Justin mentioned, that is not the 200 acres of impervious, that 500 acres between the impervious area and the 700 total, a lot of that footprint is stormwater BMPs. We've reviewed those heavily. That's been the single largest area where we've generated comments. You probably deal with guys like me all the time in your development projects. Yeah.

And we beat them up the same as you get beat up on stormwater management. That's been our single largest area of focus. In addition, as you know, this has to go through an NPDES permit, so it gets reviewed by the County Conservation District, and some of the basins that they're using are MRC, managed release concept basins. Those have to be designed in accordance with the DEP's guidelines. We're following the latest DEP guidelines. As far as generators, I'll let Justin speak to that, but you mentioned sound enclosures. I believe they all are intended to go in sound enclosures.

That's part of the sound study. There was one other part of your question which I don't recall. Oh, the building

Unidentified speaker

height. I was... Yeah.

Mike (HRG)

We've

Chair

we've

Mike (HRG)

reviewed it for what's in the zoning ordinance, I think. That's the best we can do.

Justin Ross

And I would say, this appears to be kind of a meeting for approval. These plans were first submitted probably a year ago. So it's been a year of review and approval, which I'm sure you've had that consistency of time and procedure. But they have been scrutinized heavily on many, many reviews

David Hutton

and coordination meetings. I know I'm out of time, and apologies. I wanna make one more comment, that any time that I have had to go from a residential use to a commercial use anywhere in Cumberland County, there was a change of use, like, drama that I had to go through, and it was the lengthiest. So I'm just curious, what happened in that change of use, but I came a little late to that, so.

Mike (HRG)

35 days. I think the short answer to that question is that the parcel was rezoned between the time when it was a residential development and when this was bought.

Unidentified speaker

The change was 37 days. 35 days.

(Applause.)

Jody Shivell

Jody Shivell, Teaberry Drive in the Meadows. I come often. I have a lot of feelings like Viola does. Where she lives, she sees it. Where I live, I do everything but see it, and I will see it in the fall because I'm set up in a spot that all the trees, when the stuff falls off, I have the view, and I have the sound. So if this plays, I just want you to hear something, if it'll play. If it doesn't...

(A recording of site noise is played, machinery clanking.)

Unidentified audience member

Oh, jeez. That's my bedroom window. Yeah. Oh, my goodness.

Jody Shivell

I hear a really deep, deep beep all day. I don't know what machine that is. Pounding rock. That's just one sound, and that was on maybe 6:30 in the morning. I was a bit upset. I called Zach. You were very respectful. I will say that. And I probably was gonna send a letter off to you. But I'm busy enough. Y'all know how I feel. I don't feel a lot that these letters, I need to send them, because I have a lot of support, and they all think the same thing. But so that noise is a big issue, and I'm wondering what all the next noise is gonna be when you start bringing in buildings and dropping things down.

I have a pool out back. That's my family area for 33 years. I saved everything to live where I live. I was stationed here when I was 18. I married here. We deployed for 20 years. I signed myself away to the military to save people if it was needed, your lives, your children's lives, all of

you, and so did some other people, but that's a lot to say, "I'm willing to do what I have to do." I was a nurse. So one of the biggest things I cannot fathom is that people, all of you, would think that my life is expendable, and the other people that also live in that area. I understand Country Club Road. That's beyond belief. But I'm not far behind that where I am. I'm out back with my kids today. It's, do you wear the headphones? Do you play the noise louder? There's no life anymore out back, not in summer. And I'm wondering, well, what happens when winter comes? How do the hours change? And this pounding that early and noise. Should we have to put up with this and live with this? We need to change the timing somehow that it's a little more acceptable. Kids getting up, school's coming. If they change the time in the daylight hours to that permanent issue. What?

Unidentified speaker

No Saturdays.

Jody Shivell

So yeah, we have no peace. Sundays, and then everybody's trying to get the grass mowed too. So we have no peace. But again, I don't understand why you would vote for some of these things when you know it's hurting us. It's proven that it's hurting us. 33 years of my life, I'm 70. My kids live down the street. I'm frustrated mostly that you would vote something you don't have to vote and you know it's not right in your hearts. I think people are stuck with this like they have to do it or that they don't save face.

We have some people that are a little more pushy than others and disrespectful at times. I'm trying to be the best I can be. I'm out there. I'm trying to support everybody, and it takes all the life away from my children. My grandchildren. This is time I want with them. How many years do I have left? My husband has cancer. How many years does he have left? So, in other words, I don't understand how you could do this to so many people. There should have been an answer for them first, and there still needs to be an answer for them, whatever it takes, and maybe you have to come up with a different plan.

That's my thought. I don't want it. I never

Unidentified speaker

wanted it.

Jody Shivell

I think they need to be somewhere else. Not that I don't want a data center, that's not my point, but to put it there and just drop it in for all of us who have lived here forever and have children. And that's it.

(Applause.)

John Manta

One 30-second little chat here. A standard large data center backup generator burns about

Unidentified speaker

72 gallons of fuel per megawatt hour.

John Manta

A typical large 100-megawatt facility burns roughly 7,000 gallons of fuel per hour at full load. Thank you.

Arlene Darlington

My name is Arlene Darlington. I live at Huntsville Road.

(Crying in the room.)

Jody Shivell

My friends are hurting. You're hurting my friends.

Arlene Darlington

Okay. Go ahead. To the PC. I missed Wes tonight, because at the last meeting Wes brought up and approved the preliminary plan, maybe not last meeting, approved something contingent on if it would be considered that the developer would use natural gas-operated generators rather than diesel generators. That would eliminate the noxious gas, the nitrous oxides that the diesel generators emit. But I didn't hear anybody bring that up. So I guess if Wes isn't here, then Wes's comments have died. So let me be Wes's voice and bring that up again, and I don't know if you ever got a response from the developer offline. I brought this up to the point where I'm tired of bringing it up. But the testing schedule of the gentleman who didn't know the number: you have one diesel generator to deal with. We're talking 500 and some. 532, roughly 24 generators times 16 buildings, and what we haven't talked about tonight is that the warranty on these diesel generators requires that they be tested 30 minutes every month.

You probably know that. You have one generator to test, not a problem. Even I could do that. 532 generators tested half an hour comes out to, if you test one generator at a time and not in a group, 13 hours a day, 20 days of the month, Monday through Friday, assuming no holidays. So just remember that that's part of this project, part of this development plan that you are charged with thinking about tonight. 13 hours a day, assuming one generator at a time, and we have not been told by the developer anything different. So you wanna talk worst case scenario, there it is.

To the PC. No, actually, yes. And Andrew was talking about infrasound. It's a shame that nobody has researched or brought up infrasound, because that's not measured in decibels, and you won't find that on some of the testing studies that the developer has provided. So it's a shame, but I invite you to look up infrasound and the effect on children, on their learning, on their sleeping, on the effect of reproducibility of livestock and other animals. We've got horse breeding

farms. We've got cattle farms here. Infrasound. Infrasound. I-N-F-R-A-S-O-U-N-D. I haven't asked a question yet. I don't know if I'm going to. Wow, usually pretty good at this. I do have a question. I don't care who answers it. This is a fifteen billion dollar project, and we have no 3D model. Why are we not looking at... Shopping malls have to provide models that people can look at and touch and get a sense of. Why don't we have that here? I'm tired of looking at these pretty pictures with the lovely, pretty dogwood trees and the overly green grass.

Unidentified speaker

I want to see what these buildings look like. And gentleman over...

Arlene Darlington

I don't remember your name, doesn't matter. Two hundred on the wide end by nine hundred long, by seventy-five to eighty feet high, times sixteen buildings. Okay, two hundred by nine hundred by seventy-five. The pictures, I had a laugh. The pictures that Justin showed, and thanks for them, they're very colorful, fun to look at. The vehicles look like Matchbox cars. Did you notice that?

If that's to scale, then that's the reality. Yes. You pull up in your little scooter, and you've got this giant monstrosity.

That's what you guys are saying, abide by the ordinances. And I will bring it back to Mr. Jason Bulock, who started off the meeting asking the PC members if they had signed any kind of documents swearing to uphold the PA State Constitution. Do you folks even know what our rights are, everybody in this room who's a resident of PA, what our rights are protected under the PA Constitution? Do you know, relevant to the data center? A yes would be great. But seriously, you can't be saying no. You really must know. I'm gonna read, and it's not long.

I'm just gonna read. Take it for what it's worth. Close your eyes. Close your ears. I don't care. I'm gonna say it anyway. Constitution of the Commonwealth of Pennsylvania was ratified September second in seventeen ninety. It was a few years before we were all born. Article one... Well, I'll read the preamble.

"We, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, humbly invoking His guidance, do ordain and establish this Constitution."

It's our document. Article one: Declaration of Rights.

"That the general, great, and essential principles of liberty and free government may be recognized and unalterably established, we declare that... inherent rights of mankind, section one: all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation and pursuing their own happiness."

There's a lot of unhappy people in this room, and they are my new friends. And Arlene's not happy either. Natural resources and the public estate, section twenty-seven, and I'll probably close with this.

"The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations to come."

Lydia Klunk

Bye, kids.

(Applause.)

Unidentified audience member

"As trustees... Go on

Arlene Darlington

... as trustees of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people." You can look it up. I didn't make it up.

Unidentified audience member

Come on, guys, do the right thing.

Arlene Darlington

You know we know that you know what the right thing is to do. This is not the right thing. Approving this plan as it exists right now is not the right thing.

Unidentified speaker

Thank you for giving me extra time, Zach. I do appreciate it. Sorry for that little bit of emotional...

Arlene Darlington

Anybody else coming up? Arlene, thank you.

(Applause.)

Hilda Vazquez

I want to say one thing. The township said... Hey. Don't scream. One second.

Chair

Everybody gets one chance to speak. You've had two tonight, so please sit down.

Hilda Vazquez

It's fine. It's fine. One minute, please. It's fine. Just I want to say something. Don't scream me again because you don't know my father. My father is died. He's veteran, and he passed away. Don't scream me again because my father defend this United States. Make your point and then sit down. Don't scream me. Don't scream me again. You know my father. One point, the township liar when said that they can stop this project. The action what he make is one action, and the township can take action. Don't liar no more at the resident, because I read. I'm intelligent like everybody in that table, and you have a lot of people intelligent in here. We don't stupid.

(Applause.)

Deliberation and Votes on Phase 1B

Larry Claycomb

We've reached a point in this particular plan where we will be casting a vote to recommend approval or denial. Let me remind everybody, and the planning commission, I've been here for over 20 years, so I've been reminded many times. Our vote to affirm or deny this, to approve or deny, has nothing to do with whether we like it or not. We are charged with the job of reviewing this. Does it meet the ordinance?

Unidentified speaker

Yeah.

Larry Claycomb

Does it meet the subdivision and land development ordinance, the zoning ordinance, the stormwater management ordinance, et cetera? That's the responsibility we have. If we decide to vote nay on it, it is our responsibility to explain exactly how it does not fit with these ordinances. That is our only responsibility. The final vote is with the board of supervisors. Furthermore, if we delay... The state law says if we don't act within 90 days, unless they give us permission to wait longer, then it's automatically approved, and we don't even get to recommend changes to it. We have recommended many changes here, but if we don't vote within 90 days, and the 90 days is just about up, then it is automatically approved.

So I just want you to keep that in mind. We're voting, and if we vote affirmative, it's not because we like... or because we don't like him. That's immaterial. We're here as a review and advisory board only. Does it meet the ordinances? Thank you.

(Gavel.)

Unidentified commission member

Thank you, Barry, for that. I move that we recommend approval of TPF-2612, motions. Not motions, but

Unidentified speaker

that would be, yeah

Unidentified commission member

the waivers and modifications that are listed in the HRG... there's three letters. One of June 8th of '26, one of July 8th of '26, a follow-up, and then there's a second letter of July 2nd of '26. There are listed three waivers and six modifications.

Larry Claycomb

Do we have a second?

Mike (HRG)

Second. That letter doesn't include waivers or modifications. That's

Unidentified commission member

correct.

Unidentified speaker

This just...

Unidentified commission member

That's where I was getting them all confused. Yeah. So it's a motion to approve with recommendation for the three waivers and six modifications listed in those

Unidentified audience member

Unidentified commission member

... HRG letters, those dates.

Larry Claycomb

Regarding the motion of recommend approval of the waiver, I second.

Chair

Second to approve of recommendation of the waivers. All those in favor say aye. Aye. Aye. Opposed, nay.

(Gavel.)

Unidentified commission member

I recommend that we approve the TPF-2612 plans, that the conditions listed in the review comments of the Cumberland County Planning Commission Review Report number P26-369, dated May 20th of '26. And that all the conditions listed in the review comments of the HRG letters of June eighth, July eighth, and July second are satisfied. In addition, that the rendering is provided from the highest point on Country Club Road, westerly view, heading towards Carlisle Pike, and that is taken into consideration by the supervisors prior to their approval. So I know it's only a few days, but you should throw that together for the supervisors.

Also, the supervisors only approve if able to confirm both the master development agreement and post-construction plan agreement are executed as satisfactorily amended to include areas of concern identified during the review process. And many of those items include financial security, no wells on the site, sound monitoring, light monitoring, berm plant and maintenance, generator maintenance, operating hours, and others. Motion. There's a motion, second.

Chair

Motion said. Is there a second? Second. Motion's made and second. All those in favor say, "Aye." Aye. Aye. Aye. Opposed, "Nay."

Unidentified commission member

Nay.

(Applause.)

Phase 3 Preliminary Land Development Plan: Presentation

Chair

All right, now moving on to TPF-2527.

Justin Ross

We'll try to make this speedy. We did present this last meeting of the PC. This is preliminary plan development for Phase 3 campus. Again, Phase 3 is the bottom left portion of the site, opposite 1B, which we just spoke about. This layout is materially similar, similar types of buildings. There's five buildings on this campus, and stormwater surrounding. And I just wanted to show this is kind of a three-dimensional of that two-dimensional plan for Campus 3. Parking garage. Again, storage tanks on the southern, an office building for administrative processes for the campus

security entrance, and then the five data center buildings. Similar prototype as the back four buildings. Same layouts and recommendations as part of the new sound study, as well as landscaping. So this is the layout that's been presented and reviewed by HRG. One thing I will note on this from a preliminary perspective, I know last time there are some small amounts of wetland impacts in the center of the site. There's isolated wetland in the center of the site. And there's a culverted pipe that goes across.

So we're relocating the pipe culvert that currently exists there. There's another pipe culvert between Campus 1 and Campus 2 that we're daylighting, so there's no permit required, but we're gonna bring that back to a natural condition with a stream corridor and plantings through there. And then the wetland impact that will be experienced, we are purchasing credits from a mitigation bank. So just a little bit more on that detail again, because it was a question. So the mitigation bank is the Codorus Creek mitigation project. That project is in York County. That's part of the watershed.

Mitigation bank credits are the first in order of preference by DEP. There's mitigation bank, there's fee in lieu of, so you can just pay a fee to DEP and not provide anything back. And the third would be an on-site or an off-site permit responsible mitigation. So we would build our own mitigation bank. DEP prefers the mitigation bank credits because it provides habitat, large habitat improvements that are together and cohesive, which translates better than small little ones around the region. So Codorus Creek, for instance, it's an eighteen-acre wetland restoration project that has been completed.

And now they're selling credits. The Turnpike and PennDOT have bought majority of the credits for projects where they have impacted habitat. And we are purchasing three times right now the credits that are required for this project to ensure that there's adequate offset. That project has almost two thousand two hundred linear feet of stream restoration. And there's about thirty-two thousand trees that are planted as part of that project. So our private funding will buy equivalent offsets and pay in to support that project for our mitigation needs. The last thing I'll note, when I say small impacts on the site, when we go through DEP and Army Corps permitting, the first intent is to avoid, the second is to minimize, and the third is to mitigate.

So we are mitigating a small fraction after we have avoided the majority of the site and also minimized through the project design and development. There's approximately a hundred and twenty-three acres of wetlands on the six hundred and ninety-three acre property. Majority are along the Conodoguinet Creek, but there are a number of fingers that come up into the project. The design has designed around them, again, to avoid. Previously we had about an acre and a half of impacts on Campus 3. Through the design and coordination with DEP, we redesigned to not impact the larger wetland in the rear of this site, dropping total impacts to zero point three three eight acres.

And the federal requirements and the state requirements look at impacts differently. Leave it to those agencies to not do things the same. But the federal has a more relaxed stance on what is considered jurisdictional. In this case, the same impacts on the federal side only equivalent to zero point zero nine seven acres of impacts, while the state says it's zero point three three eight. So we'll mitigate to the higher number, and we'll offset to the higher number. But we do get permits from both agencies. So of the hundred and twenty-three acres on site, we're talking a tenth of a percent of total impacts across the entire project, which is very good from the standpoint of most developments for this scale.

Phase 3 Waivers, Modifications and Deferrals

Justin Ross

So the last topic here again is waivers. Not to belabor the point, but I guess we need to go through them. Try to do this quick because they are almost identical to the ones we went through before.

1. Sections 501.A.2 and 501.A.6, plan size and scale, and location map scale. "Those are provided just slightly different than the ordinance requirement."

2. Sections 501.C.19, 303.J.12 and 303.K.12, metes and bounds for easements. "This is a deferral, as we talked before. And being a preliminary plan, these will be provided on the final plan. They're just not provided yet, in order to ensure that they're the exact ones we need on the final plan."

Next, there's sidewalk along the interior access roads. This is a waiver of 703.A.2. I believe there's a note on the plan that the township can require these, and we would be required to install them at a later date if they are required. Mike, is that correct with you, or is that the campus one?

Unidentified speaker

Yeah

Justin Ross

I might have that incorrect.

Mike (HRG)

We're looking for some clarification on these sidewalk and curb modification requests for this plan. I think we got that clarification on other plans, and I assumed that you intend to handle it the same way, but we want it in black and white. Correct me if I'm wrong, my understanding is that the request is for sidewalk and curbing along Country Club Road. That would be processed as a waiver, but with the standard plan note that says the township reserves the right to require that at some future time, the developer has to install. I believe it's also the intent, that we're hoping to confirm, that there would not be a curb and sidewalk within the interior access drives of the campus.

Unidentified speaker

Correct. Yes.

Mike (HRG)

That was our waiver note too.

Justin Ross

We wanted to clear it up. Yes. So 703.A.1 would be a waiver for no curb and sidewalk interior of the campus. 703.A.10 is that deferral and the note on the plan that at some later date, if the township would like that on Country Club Road, we would install it. Depressed curb at the driveways, SALDO 703.I.4. Again, depressed curb on the entries. We are asking a waiver from that. Sidewalks, SALDO 707.A.1, I believe that would be the same deferral for sidewalks along the frontage, Mike.

So that would be, again, township would require that in the future, we would install it, and there would be an appropriate note on the plan. The next is scale of maps and exhibits within the EIA. SALDO 718.D.3.a, D.4.a, D.4.b, D.4.c, and D.4.d. Those are just map scale modifications. Plans and elevations is 718.D.3.b. I believe we have provided most of those. If there's anything in addition, we can provide as part of the final plan. So it might be worth keeping it on.

Mike (HRG)

Yeah. And that's how we proceeded with Phase 1B. That was the question about the waiver that was struck through. We did ultimately get those plans. Right. And we're okay with processing them in final, but we do need at some point to verify some of the zoning requirements, like fenestration.

Justin Ross

Yeah, so we will defer and provide them again with final. Infiltration of stormwater, stormwater ordinance 303.B.2, is a modification. Again, a hybrid of infiltration and the DEP MRC requirements. Dewatering time, stormwater Sections 303.H.17 and 18. Again, that's both sections, seventeen and eighteen, to allow greater than 42 hours but less than seventy-two hours of dewatering. And then the last is detention basin side slopes greater than four to one, a modification of stormwater 303.J.3 to allow slopes steeper than four to one.

Mike (HRG)

If I could make a suggestion, if this plan advances to the board of supervisors, can Livic provide an updated waiver and modification request letter that provides all the little clarification points we just talked through this evening? That way it's in black and white for the supervisors. Yeah, absolutely.

Unidentified speaker

For number five related to the current sidewalk waiver with the required note, that's for Country Club Road and PA Data Center Drive? Yes. Okay, thanks.

Commission Questions on Phase 3

Larry Claycomb

I have some questions on the phasing plan for CO3-0005. Down here at the bottom, thousand-foot building facade setback. And the line doesn't mark any building, nor does it say we're setting back where from.

Justin Ross

Yeah, so that's a provision of the zoning ordinance. There's a thousand-foot setback, and when we encroach on that, the facade standards of the ordinance apply. So that's really showing that if a building goes through that line, that building must meet the zoning ordinance facade standards. What we have done is we've made every building in the entire 16 buildings meet those facade standards, so that whether they're facing the outside or not, they meet the requirement.

Larry Claycomb

Okay. Thank you. Regarding your offset credits for mitigation, I don't like it. I mean, so Codorus Township is getting a nice retention area, and we're losing it.

Unidentified speaker

Dealing with the state. Larry, we have one in Middlesex Township on Clemson Drive. Yeah, I'm aware of that. That the Pennsylvania Turnpike did the same thing. Still don't like it. Okay. And then page 10 of your prints.

Larry Claycomb

Looking at this from the south, we're about 750 feet from the residents, I think. And with no screening whatsoever, there's... Or what is here? What's... It's all woods. What? It's all woods.

Unidentified township staff member

When you say south, you mean to the west or...

Unidentified speaker

Well, there's... Towards the creek, or where are you now? Towards the country club.

Justin Ross

To the west.

Unidentified speaker

South. South, correct.

Justin Ross

Okay. To clarify that, there is a portion of that, maybe a third to a half, is woodlot. There is a hedgerow that exists along the two properties the entire length. So there are some mature trees in a hedgerow. I think in the part of the plan, we do provide landscaping along that property line in addition to that. Right. So there is a PPL right of way that also runs in that corridor. Yes. So that's a little bit of the challenge with landscaping there. I believe that residents and farm are more than 1,000 feet.

I'd have to double-check that, but I believe

Unidentified township staff member

we are.

Larry Claycomb

I just used my engineering scale.

Unidentified township staff member

Okay. Fair enough. To the first lot. Fair enough.

Larry Claycomb

And I got about 750. To the property line. So to the property line. Yeah, of those houses that are up there.

Justin Ross

Yeah, the houses are behind the woodlot. The Schaefer farm is probably the only one on that western end that may have a viewshed.

Unidentified speaker

Justin, it looked like the buildings in this... Oak Lane Drive. Yeah, Oak

Justin Ross

Lane Drive is... There's a forested area between...

Larry Claycomb

What protects that forest? I mean, can they cut them all down? Who owns that?

Justin Ross

That's on the Schaefer property.

Larry Claycomb

Yeah. I wonder if that's protected. I don't know.

I thought there was a little hill there too, but...

Justin Ross

There is. That forested area does sit quite a bit higher than the pad elevation of the development. Maybe it's probably 35 feet, maybe 50 feet to the tallest point of that forested area.

So the buildings do sit lower from that vantage point.

Unidentified speaker

The pads do stick up some.

Larry Claycomb

Okay. Those were my questions for my first review.

Unidentified speaker

Justin, I noticed the buildings on Phase 3, you have all the generators facing inside towards another building. Is that right? That is correct. Yeah.

Larry Claycomb

And these buildings will be basically the ones we saw earlier?

Justin Ross

Correct. The front building is quite a bit smaller, just the orientation. The center buildings will match Campus 1, and then I believe the back two are actually shorter. Again, we had the longer buildings in the back, which encroached on that wetland. Those have been shortened to pull all that up and not impact back there.

Unidentified speaker

Justin, will a DEP general permit be applied for or obtained to change this pipe to a stream that you were talking about? Is that gonna require a DEP general permit? Yeah, it would require a DEP

Justin Ross

permit as well as an Army Corps joint permit. Yeah, Chapter 105 requirements.

Larry Claycomb

You've got a lot of water storage here. Maybe it's more than the other ones. I don't know. 2.4 million. Yeah, two, three, four, five.

Chair

12 million.

Larry Claycomb

There's about 20 million gallons stored up there, I guess. Anybody have anything else?

HRG Review Letter Summary, Phase 3

Mike (HRG)

No.

Unidentified speaker

You have questions?

Mike (HRG)

No, I have no questions. I can summarize our review letter. We do have a few more comments on this plan than we did on the previous one, but also recognize that this is a preliminary plan as opposed to a final plan. I'll just kinda go through them as categories and hit the high points. We talked about waivers and modifications. We do have a couple of points in zoning where we're looking for some clarification on things like foundation plantings that are required. The lighting height, I believe that in previous cases we decided that's supposed to be 25 feet.

But as the board, we'll probably not grant 30 foot, so we need a correction and clarification on that. We have a couple notes about ADA access and grades, elevations, and those sorts of things to make sure wheelchairs can get in and out of the building.

All the same conversation about

Unidentified speaker

noise that we just had with Phase 1B applies equally to Phase 3

Mike (HRG)

so same points there. We need some outside agency approvals for this one. Final approval from the Middlesex Township Municipal Authority, final approval from DEP for sewage planning module. We need, in the final plan for this phase, a financial security estimate so we can establish the bond. Question about available sight distance. Sidewalks are addressed with the waivers. Stormwater management, we have a few comments, but without really getting down into the weeds, they're minor technical details. It's the same design concept, the same philosophy as the other phases. There's a little bit of cleanup and clarification we're looking for and a couple of waivers on things like side slopes, dewatering times, same items as the previous phases.

That's probably our single heaviest section in the letter, is the stormwater review. Most of those are fairly small details. We do have a question about improvements to Country Club roadway.

Unidentified township staff member

So there's a

Mike (HRG)

section of Country Club Road that has frontage along Phase 2, Phase 3, and on the opposite side, Phase 1C. We're working to identify when those improvements will be built. I think that the position of, they should be built with whichever phase goes first, is probably the best one. By right, by the ordinance, the developer would be required to do them section by section, phase by phase. It probably isn't economical and probably not beneficial strategically. Better to build them all at once, and better that they be tied to the first phase that gets approved, not the last phase.

So we want some clarification on that. Need that to be reflected in the developer's agreement, and need the financial security for Country Club Road to go in with that phasing plan. It sounds like that's gonna be 1C. We're talking about Phase 3 now, so that probably comes off, but we need to document it and make sure that it's covered. Same item that we talked about previously for the developer's agreement, which again, this is preliminary phase, so developer's agreement would need to be included in the final phase. And we have a list of items to be addressed in the final land development plan.

But again, this is preliminary. So that's it in a nutshell. I'm happy to talk about any of those in more detail.

Unidentified speaker

Do you have a developer's agreement for every phase?

Mike (HRG)

We will have a developer's agreement for every phase. Yes, we will. The approach that the township solicitor has developed, and that I think the applicant's legal counsel has agreed to, is that we need to get a developer's agreement on the books early so that we're protected in Phase 1A. So currently, there's a developer's agreement for Phase 1A, and then each subsequent phase, 1B, 2, 3, 1C, will be a supplement to that agreement that will introduce the specific provisions of that phase. Right. So example, the financial security will increase with each phase because now we're bonding for more work.

Unidentified speaker

They mentioned a decommissioning bond, and you said that we do not have that. Is that in the developer's agreement?

Mike (HRG)

It is not. And my understanding, this is something that maybe the solicitor can provide input on. In the state of Pennsylvania, decommissioning bonds are allowed for a very narrow set of project types. Solar farms is one of them. Data centers is not.

Unidentified audience member

I've never heard of that.

They didn't even know what a data center was.

County Planning Comments

Unidentified commission member

Justin, I have a question. Do you know the total acreage or total dollar amount of rollback taxes on Clean and Green in the entire project?

Justin Ross

I do not at the current time.

Unidentified commission member

If you could find out for us for the next meeting, please.

Unidentified township staff member

Are you saying what acreage is in Clean and Green?

Unidentified commission member

I imagine the whole thing is in Clean and Green. I think it is. Yeah. So my question is, do you know the amount of rollback taxes coming back for the entire project?

Unidentified township staff member

What does that have to do with approving the plan?

Unidentified commission member

It's...

Unidentified township staff member

That's on the developer.

Unidentified commission member

The county has a comment about it. That's right, the county does have a comment. Okay. And I was just following up on what that is.

Unidentified speaker

Sure. We'll find out. Well, the county rep is here. Do you want to comment on that?

Cumberland County planning representative

No, not on that. That is a standard comment. We do seek, you know, we provide that, it is the developer's responsibility to be aware of that, and that there will be

Unidentified audience member

rollback taxes typically.

Cumberland County planning representative

I did have another comment or question, I guess. So this was primarily on the lighting plan, and it was actually a comment on the other plan, but it does apply to the complete development. Let me just find this really quickly. Shoot, sorry, my eyes aren't that great right now. So it involved the safety and security provision for having the lights illuminated, due to the 24-hour nature of the data center campus. My question was whether illumination levels remaining at levels illustrated on the lighting plan there would meet the requirements of the SALDO, which require that when safety and security lighting is proposed, it shall meet, not be in excess of, 25% of the number of fixtures or illumination level required or permitted during illumination during regular business hours. Didn't know if you had any insight into that, but...

Unidentified township staff member

Which comment number?

Cumberland County planning representative

And I apologize. This was actually a comment on the prior phase, but it would apply to the full development.

Unidentified speaker

You're proposing to lower the amount of lighting at night, right, Jason? Is that...

Justin Ross

Yeah. The plan would have sensors and a reduction during off-peak hours, or sensors that come on when movement on site is detected. We can certainly double check the provision that you mentioned. You said that's in your letter? Yeah. It was

Cumberland County planning representative

in our letter on the prior phase, but it was SALDO 711.D.4.d if that's the right...

Justin Ross

Sorry. Dot D? D.4.d. Okay.

Cumberland County planning representative

And then the other comment relative to lighting was whether there could be a warmer color lighting to minimize impact from highlight in the corridor.

Justin Ross

Yes. I think that has been included. That's a dark sky compliant type of thing. So we will verify. Okay. But I believe that's included.

Unidentified speaker

Thank you.

Mike (HRG)

Do you want to comment on something? No, I kind of ran through everything that we have in our letter. Happy to talk about any of those in more detail if there are questions.

Unidentified township staff member

Do you guys need a copy of the review letter? I have one. Do you need it, Larry? I don't have it with me. Does it want to say January 12th? January 9th. July 9th it says. I've got that one. You have it? No, I got January 12th in the packet you sent out last week. Well, I had it on... I posted it online for you, but maybe I sent you the wrong... Here, I'll give it to you, though.

Unidentified speaker

We have January 12th here.

Unidentified township staff member

July 9th is the second review letter that we would be doing tonight. Maybe I can get that back at the end. I did some writing on it. Here you go. Here's the minutes from the update. There's the papers. Minutes are supposed to be a summary. Okay.

Larry Claycomb

Thank you.

Unidentified township staff member

That was the one we already went over.

Larry Claycomb

Yeah.

Unidentified township staff member

No, that's right. We did that.

Unidentified speaker

This is the HRG.

Unidentified township staff member

I have it.

Unidentified speaker

That's the last one. Yeah, if you want to make a copy.

I was thinking you had a different...

They have it.

Yeah, they do. I thought you were referring to having being more current.

Unidentified township staff member

No, this is HRG second.

Unidentified speaker

County meeting January 12th. No, we have the HRG. Good. Thank you. Any questions from the panel? No, nothing further.

(Gavel.)

Unidentified township staff member

When we're acting on this, decide to act on it, you should act on recommendation on the DEP volume three planning module, part of this Phase 3. That actually is not needed till final. I don't think it would hurt to address it. You guys did already sign off on it, but maybe you don't need to. What do you think, Carl? Did they already have it be included?

Mike (HRG)

I think if they've already signed off on it. We can ignore it. Yeah, I don't think it requires a second.

Unidentified speaker

Yeah, don't worry about it.

We did already

Unidentified township staff member

take action on that.

Unidentified speaker

I don't have any other comments, thank you.

Public Comment on Phase 3

Unidentified speaker

All right. Is there any comments from the floor?

Jason Bulock

Jason Bulock, Golden Drive. I think we all know each other, guys. I'm gonna go back to this article that I shared last time, because it seems that the development team doesn't seem to agree with what was published. And I know journals fairly well. Whenever you make a mistake in journalism, you have to write a retraction. As far as I'm aware, the Cheyenne Daily Times did not write a retraction, and Cheyenne's sewer system is still not accepting the wastewater. So I will ask the question again. When this happens here, what is the plan? And again, this was construction, so don't point to your client or something like that.

This was during the construction phase where they're cleaning out the plumbing systems before they even use them. So what is the answer?

Unidentified township staff member

Could you refresh what happened with the water? Sure. I'll read the whole article for you. Oh, you don't have to read the whole article. Just summarize it.

Unidentified speaker

Well, the fact that you're not familiar with it is interesting.

Unidentified township staff member

Well, I'm not sure that I can read every article in the world.

Justin Ross

So to your point, the industrial wastewater discharge standards from MTMA, the Municipal Township Authority, regulates receiving of water. So whether it's operational water, construction water, commissioning water, those standards are up to MTMA to regulate.

Unidentified township staff member

And you said previously they have sampling wells. They'll be sampling the wastewater before it goes to the plant, and they'll be fined or they'll be required to make improvements if they violate the industrial discharge limits. So from what I understand

Jason Bulock

Carlisle checks their system like every three months. It's a quarterly check that goes on in this sewage system where...

Justin Ross

So Carlisle is irrelevant. MTMA conveys to Carlisle. So they have to meet their own standards in order to discharge that to Carlisle. How often is that testing conducted?

Unidentified township staff member

That's up to MTMA. It says as often as needed. You could go to MTMA.

Unidentified speaker

And would you like to know what this article says?

"Cheyenne Board of Public Utilities is not accepting industrial wastewater associated with data center systems until further notice, after a contractor for Meta Platforms contaminated the city's wastewater system, prompting months of cleanup."

Jason Bulock

Allegedly. Well, there's been no correction printed, so I don't think the jury's really out. The announcement was made by the Board of Public Utilities on Thursday, and this article was dated July 2nd, 2026, by Kate Meadows of Cowley State Daily, cowleystatedaily.com.

Justin Ross

Is there a confirmed source of the contaminant?

Unidentified speaker

Nobody's disputed it in any way that's meaningful enough to print a correction. Is there a confirmed source of the contaminant? They're alleging there is. The answer is no. They're alleging there is. So we can speculate about this all evening.

Unidentified township staff member

Falls on deaf ears anyway. I'm good.

Earl Beam

Well, thank you again. An easy question, Justin. The first picture you put up of the campus was three and two, and you had storage tanks there. I was just confused. Is those water storage tanks or what are they?

Justin Ross

So each campus has water storage tank, so inbound clean water. Each campus has two wastewater tanks, so it would be blowdown. So after it goes through the condensing, or the evaporative cooling system, five times, it is discharged to those tanks. It sits in those tanks until it is then discharged to the municipal authority system per regulated discharge standards, testing requirements and flow metering, and then there's an additional tank for fire suppression.

Earl Beam

So when you showed a picture there, you had, I don't know, I couldn't tell. It was quick. You had numbers, like six tanks, eight tanks there. Correct. So each campus has that? Correct. Okay.

And you were talking about a little water trickles underneath the road there, the storm drain, or I should say the wetlands that come across. The wetlands are on the south side also?

Justin Ross

Yes. For Campus 3, they're on the 1C side, on the right side or the east side, and then there's a pipe under Country Club Road, and they extend west to the creek.

Earl Beam

So when... I'm just questioning, like, you know you're changing it over there, the pipes. I understand that, okay. But on the south side, where 1C's gone, you got no more land. No impact. No impact. So that's... Correct.

Larry Claycomb

Okay. Thank you.

Unidentified speaker

... Country Club Road. I just had a quick question so I can understand the water that's been requested. So you have 18 buildings, and again, I'm not an expert on this, so I'm just asking the question. How is it that we only need, is it 440,000 gallons of water? That's it for all of these buildings. And again, I've just been reading, trying to become educated on this. It doesn't seem like, based on everything else that I've read, that that equates to what we've seen in other buildings. So if you could help me understand that, I would appreciate it, please.

Justin Ross

Yeah. There's a lot of misinformation about water usage on these facilities, or historically. So these facilities can use an instantaneous flow rate of a million gallons, right? But that's a flow rate, not a volume. So I think the engineering side of this and the terminology is very important, and the reporting is often misleading on that fact. Because of the storage tanks, we're building a buffer to be able to draw down and then fill up daily throughout the year. The usage of these facilities for water is really peak summer demand over a finite period of days, and high temperatures.

The rest of the year there is no water usage. So those tanks are going to fill up, they're gonna draw down the peak of summer to some degree, and then they're gonna continue to fill back up. So if those tanks are full, there's no demand or no draw on the community, and that's probably a reasonable thing that may happen at certain points of the year. And again, the technology and the efficiencies and the set points of temperature of when they spike on to help with the cooling is all an engineering problem, and that's how you get to the number that we're at.

Unidentified speaker

So when the water comes in, it's gonna fill up the tanks and the tanks are gonna remain there? I just wanna make sure I understand. Correct. So you're not

Unidentified audience member

first do the draw and then it's gonna fill the tanks up?

Justin Ross

And so the... So Justin, it's not gonna exceed 400 gallons a day, right? Yeah. The entire campus, any of the tanks, so there'll be a master meter on each campus, and the totals of those can't exceed the 400. That's reported to MTMA.

Unidentified speaker

For all three compounds? Yes. Okay. So for all three compounds. Is there anything that's in the agreements per phase that says that if that's not enough water, that you cannot come back and ask for more, either from our township or any of the other surrounding townships?

Justin Ross

It's really dictated by MTMA. I mean, they are in the water business, so they sell water to earn revenue to pay for things. So it's up to them if they would choose to, they can certainly pursue projects to find additional water, but that's up to them.

Unidentified speaker

But I'm saying, you guys, excuse me, the PAX-1 development, whenever it's built, there wouldn't be a need to come back and ask maybe perhaps other residential townships to sell water in addition to what's been approved here.

Unidentified township staff member

There is no need from us, no. Okay. It can only be supplied by MTMA also. It's our jurisdiction. Yes. It can't go to another water system. Okay. MTMA could go to another water system.

Unidentified speaker

And pull water from that, right. Yeah. And then there are two existing wells on there. Are those wells being closed? I'm trying to remember. There were conversations a long time ago.

Unidentified township staff member

Yeah. One of them's already closed, and I observed it, and the septic system was crushed at the far farm. Right. The back farm, they call it, and they're gonna do the middle farm next. I'll observe that.

Unidentified speaker

Okay. All right. Thank you so much. I appreciate that offer. I do.

Andrew Dymski

Andrew Dymski, Bernheisel Bridge. Justin, you mentioned the water goes through five times. When you're gonna fill up a cooling system to get it ready to operate, how many gallons go into that system for one building?

Justin Ross

Yeah, that's a construction question. We can get that for you, but I don't know that off the top of my head.

Andrew Dymski

Okay. That'd be great to know.

Justin Ross

But I guess to that point, there is some water usage during construction for dust control and some other things on site. We're still regulated by that same number. So that's controlled by MTMA. So even during construction, fill and flush, like all of those operational construction commissioning items, we still need to meet volume as well as their treatment standards.

Andrew Dymski

Okay. And then in those cooler seasons, I imagine you just can't let the water sit there. What kind of cycling happens just for maintenance?

Justin Ross

Yeah. So actually, that's a little bit of the design. I think the water will be there. I think there are heaters and a clarifier, a circulator, in those systems for year-round activity.

Andrew Dymski

Okay. And then when it is cold outside, are there fans that suck cold air in to provide the cooling? Because I imagine the interior temperature needs to stay the same all year long, right?

Justin Ross

Yeah. So it's a hybrid cooling system. So the fans and the louvers on the building circulate air through the building. And then that is part of the cooling system. And then the other part is the evaporative cooling part, where it introduces water to produce the evaporation to cool at higher and quicker temperatures. So both of those work hand in hand. The majority of the time it is air-cooled, and then the evaporative cooling kicks in when it needs to be.

Andrew Dymski

Yeah. But the heat source is inside the building, so you need cold air from somewhere outside the building to reduce the temperature, right?

Justin Ross

Well, no. I mean, if it is cooler outside, you do use that. If it is warmer outside... Yeah, I guess it's always cooler outside. So if it's ninety degrees, you have a less efficient cooling just running fans because the temperature change is not as great. That's what the evaporation cooling is, because it raises the heat point of the evaporation, which dissipates the energy needed to dissipate.

Andrew Dymski

Okay. So it just keeps it down to a reasonable level. Yes. Okay. So then those are all fans that are running to get the air in. That's part of the noise concern there, is the fans there. So it's both water and...

Justin Ross

Correct. Again, technology changes from what's in Virginia or twenty years ago. There are fans on the exterior walls and on the rooftops. The fans currently are really inside the building. They're the size of that wall inside the building, and then the outside of the building has louvers. So it's drawing air through the louvers. The fans and everything that makes noise is contained inside. Again, you hear the flow of air. You're gonna hear in the sound study these things that we model. But the design of those aren't like an exterior fan or air conditioner that we think of, where you see the blade spinning.

That's all inside.

Unidentified speaker

Okay.

Justin Ross

If that makes sense.

Andrew Dymski

Yeah. Okay. And the next question is the eagle's nest that's on this Phase 3. Can you speak to any of the mitigation that's been in place so far for that?

Justin Ross

Yeah. So we've monitored. We've ensured that it's active or inactive. We believe that it is active at certain parts of the year, through documentation, and spent a couple days observing at one point. But there are different trigger points. So the bald eagle was endangered. It is no longer endangered. I'm not sure if it's even threatened. Threatened? It is threatened.

Chair

Okay.

Justin Ross

So it was endangered itself.

Chair

It's now considered threatened, which is a lesser category.

Justin Ross

The process there is there are different... I think there's three rings. There's no impact if you're outside of a thousand feet with everything. There's six sixty, which means you can develop, but there's certain restrictions, and then there's another ring inside with more restrictions and more scrutinous requirements. We are outside of the 660, which means we need to be aware of it and monitor it, and there is no permit required. If we were to do something inside of that, we have the ability to not do construction during breeding season, different times of the year.

We have the option to get a take permit, which is essentially, not that we're gonna go do anything to the bird, but you apply for a permit, you're on record that we're mitigating in some other way. We're building habitat, et cetera.

So currently, we are not impacting from the standards required. US Fish and Wildlife has reviewed it, and that's the current plan. If there would be something during construction, we need to build something back there, again, we'd have to go back to this board, we'd have to go to them to get concurrence on that.

Unidentified speaker

Okay. Thank you. I hadn't heard anyone say, "We've monitored and we've seen it's active," so I appreciate that communication. Thank you.

Chair

Andy. I appreciate the concern with the bald eagles. I have a lot of experience with bald eagles on my farm. When I was 20 years old, if you'd have told me that I'd live to see bald eagles, black bear, wild turkeys, and coyotes on my farm, I'd have said you're crazy. I have seen all four on my farm. Me, too. And I shoot groundhogs in my garden and fields.

And I throw them in the backyard. Me, too. And I have bald eagles come within 100 yards of my house each year, and eat. And I have neighbors that call me and say, "Hey, there's a dead deer laying on 944." And if there's somebody around to help me, I go get it and bring it, and put it in the neighbor's field, and everybody watches the eagles.

If they're 650 to 1,000 yards from their nest, I don't think the eagles are gonna leave. Because, like I said, they come within 100 yards of my house. I see eagles on a regular basis where we used to never see them at all. Just, I wanted to share that with you. If you're concerned with the eagles. So you're gonna sit them on the tower on your property. I'm the same with my house and the power lines. They sit on the power towers at my place a lot.

Unidentified speaker

They eat my groundhogs, too, so I appreciate that service. I haven't seen them this year, but I've seen them out, so.

Chair

I just had one two weeks ago.

Unidentified speaker

Yeah. Last one, they're going away.

Votes on Phase 3

Unidentified speaker

All right. I move we adjourn.

(Gavel.)

We have to take action on this.

Justin Ross

Oh, yeah.

Unidentified township staff member

Do we? Yes. Oh, you don't? Yes. No, this is preliminary. Yes, you have to take action, or the board has to move on it, on all this business. Oh, I thought this was... Preliminary. Sorry, on the agenda. It's 12, so it is preliminary. Yeah, that's right.

Unidentified speaker

That's just preliminary.

Unidentified commission member, former facility operator

All right. Let's see if we got this right. Pursuant to TPF 25-27, I move that we recommend the 12 deferrals, modifications, and waivers listed in the HRG letter dated July 9th on page two.

Larry Claycomb

Did you say approve or recommend approval?

Justin Ross

Recommend approval.

Unidentified commission member, former facility operator

Right. Thank you. I didn't hear that.

Unidentified speaker

I don't know what I said, but yes, we're recommending approval.

(Laughter.)

Is there a second?

Unidentified commission member, former facility operator

I agree. No, it's not done.

Unidentified speaker

I second. That's done.

Then moved and second. All in favor say aye.

Aye. Opposed, nay.

Moving on. I move that we recommend approval of TPF 26-12 with the following recommended conditions: that the conditions listed in the review comments of the Cumberland County Planning Commission report number P25-1177 dated 11/12/26 are satisfied, and HRG's... Also, the conditions met on HRG's Phase 3 preliminary land development plan dated July 9th are met. And we must also have a road improvement plan in place before final approval of the plan. Is there a second?

Chair

I second. Then moved and second. All those in favor say aye. Aye. Opposed, nay. Motion passed. Do you wanna address Amy again, or do you wanna address the 500 comments that are on there?

Minutes and Other Business

Chair

We're now gonna review the minutes.

Unidentified speaker

Before we do that, Viola?

Arlene Darlington

Sorry. Yeah.

Unidentified speaker

You had concerns about the water. As I understand from the MTMA, we have available two million gallons of water a day.

Unidentified township staff member

We have a reserve of half a million gallons.

Including their use and the current use, we still have a half a million gallons a day.

Unidentified commission member

Okay. So on the July 13th minutes, Zach. Not accurate. Okay. July 13th minutes. So on page two... The discussion was that item one was as written, but there also needed to be the same reference to TPF-2526 and also TPF-2610. That's all with regards to separating the motion and the waivers from the approval. The way the minutes are written, they're all combined. So this does not address that. It addresses the one TPF. We would probably need that on the other two. Yeah. Okay? All of them. Yeah, all three. All three. Please. Thank you.

Unidentified township staff member

This is the first one since. This is a lot of work.

Unidentified commission member

Yeah, I know.

Unidentified township staff member

I emailed them to you also, though. So I'm not trying to... Let's see. So that's the other question. What do you guys think of Alexia?

Unidentified speaker

When she had the one for the 22nd, she did what would be considered minutes. This one we would consider more of a transcription

of the meeting.

It's too much. Too much. I don't think it's appropriate for the minutes.

Chair

Okay.

Unidentified commission member

Agreed.

Unidentified speaker

It's supposed to be minutes, not outlines. So

they should be redrafted for consideration next

Unidentified commission member

time.

Unidentified commission member, former facility operator

Okay.

Unidentified township staff member

Yeah, Keith Brenneman sent us an outline of what they should be, and Phil gave some input, and typically you want a summary of what happened at the meeting, and specifically what motions were made and approved, and then generally what the residents said. Not specifically, not word for word what the resident said, but the resident, Mr...., talked about a concern about noise. I would ask that we redraft these July 13th

Unidentified commission member

minutes appropriately. Yeah.

Unidentified township staff member

As far as the presentation, do you want details of the presentation or you just want summary points? I would think summarized, but whatever you guys think. I'm going by Phil a bit, and he gave us guidance. I'm thinking some summary, maybe the high points that were discussed. Agreed. It'll be along the lines of an outline.

Unidentified speaker

Yeah. That's the same thing we had at the board minutes. We always had

What are they talking about now?

... just high points and summary

Something just came to my mind

and action statements. Yeah.

Unidentified township staff member

Summarized along with...

Unidentified speaker

We either have approval on having redraft. Have it redrafted.

Unidentified commission member

Do we need a motion to do that or is that a consensus?

Unidentified township staff member

I think no motion. No action. Your consensus is to have them redrafted. Yeah.

Adjournment

Unidentified commission member

Already made one.

Chair

Wanted to adjourn.

Unidentified speaker

I make a motion to adjourn this meeting.

Chair

Is there a second?

Unidentified speaker

Now, who wants to second? Particularly, what were the last two agenda items?

Chair

They're not here tonight.

Unidentified township staff member

They're not here. Okay. I can report... Yeah, those are gonna be tabled until... They won't be considered till a future meeting. Okay. Terry, did you second? Sure.

Chair

I second. All in favor say aye. Aye. Aye.

Unidentified township staff member

Motion to adjourn.

Unidentified commission member

Motion to adjourn.

(Chatter and papers being gathered as the meeting breaks up.)

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