03 June 2014: DEP responds to Paul Kelley’s Water Level Management Plan

Unacceptable at this time.” That is how the Department of Environmental Protection has characterized Paul Kelley’s Water Level Management Plan in a letter to him dated June 2nd. The plan, one of the requirements in the Clary Lake Water Level Order, was submitted back on May 2nd. The letter goes on to list the plan’s deficiencies and the steps Mr. Kelley needs to take to remedy those deficiencies. It also informed him of the need for a Condition Compliance Application along with a $146 application fee. The letter gives Mr. Kelley exactly 1 month (until July 2nd) to resubmit his corrected/revised Water Level Management Plan along with his application and application fee. Mr. Kelley is not considered in violation of the Order at this time.

DEP has a standard set of procedures for addressing enforcement and compliance issues when someone who is subject to an Order fails to satisfactorily comply with a requirement of that Order. The first thing they do when a requirement is unsatisfactorily addressed is send a “Letter of Warning” to the party which includes a list of deficiencies, what they need to do to fix the problems, and as clarification of the specific requirements of the Order, in case the party is unclear about what they are supposed to do. They’re also given some additional time to come into compliance with the requirements of the Order. You can read more about this process on the Department’s Enforcement and Compliance page.

No doubt Mr. Kelley can expect another similar letter from the Department in response to his June 2nd submission. I hope for everyone’s sake that the Department responds quickly.