Paul Kelley responded today to DEP’s June 2nd letter clarifying the requirements of Special Condition #5 of the water level order and giving him till today to submit a revised Water Level Management Plan (see 03 June 2014: DEP responds to Paul Kelley’s Water Level Management Plan). Instead of a revised plan, Kelley responded with 4 separate documents: a letter to Beth Callahan, an email exchange he had with Beth Callahan back in March of this year, a copy of an email from DEP staff person Erle Townsend dated September 20, 2011, and a page of historical rainfall data from the NOAA website.
- Kelley’s Response to June 2 request for revised plan
- Kelley/Callahan Email Exchange
- DEP Townsend Permit Email PPM dated 09/20/11
- NOAA Extreme Weather Data
In short, more of the same. The email from Erle Townsend is the same as Kelley’s “Exhibit L” entered into the record during his testimony at the public hearing back in August 2012. We’ve seen it before. DEP has seen it before. Kelley seems to think it is relevant to the situation. It isn’t. As for DEP’s request for a condition compliance application and $146 fee to go along with the revised water level management plan, Paul Kelley only had this to say:
“Your seeking submission of a “condition compliance application” for approval, which allows DEP, as you state, to “review your plan and issue a licensing decision” appears to be a continued department confusion regarding the statutory process it has invoked.”
I gotta admit Paul, you got nerve. While thumbing your nose at the DEP is probably satisfying now, it is not going to work out for you in the long run. This is probably a good time for you to review the Department of Environmental Protection’s Non-Compliance Response Guidance.