The wait is over! Beth Callahan has sent around Procedural Order #5 and an Updated Service List. I haven’t finished reading the Order but I wanted to get it posted ASAP. I’ll update this post and the Petition News page shortly.
Update: Pleasant Pond Mill’s motion to dismiss the petition was denied on all grounds. This doesn’t come as a surprise as I have been saying all along that the allegations in the motion to dismiss were outrageous and unfounded, but still it is a relief to see the decision in writing. As a stalling tactic it was first class but I dare say it did not have the intended effect. It would also appear that Mr. Buxton’s reputation with the Department has been somewhat sullied as a result of some unfortunate and unsavory interactions he had with DEP staff over this. Too bad. Going forward that will not help their case.
DEP has yet to rule on my motion to supplement the record with additional information. They will do that with another Procedural Order in the near future and I fully expect that motion to be GRANTED and if it is not, I’m sure they’ll have a VERY GOOD REASON.
What’s next? Well the results of the September 21st Bathymetric Survey performed by the department will be made available to all parties on April 3rd and by this I take it they mean both the survey itself as well as a revised minimum flows recommendation and contour report. This will be followed by a comment and question period. There was no mention of when the Findings of Fact will be requested.