As of 3:30 PM today, Friday the 27th of September, Mr. Kelley had not filed a new petition for release from dam ownership or water level maintenance with the DEP despite what his recent “notice of intent to file” stated. He has instead requested a 180 day extension to his current petition as provided for by the statute. I would have thought it made more sense for Mr. Kelley to withdraw his original petition and submit a new one so as to remove all question about the validity of his initial public notice. Now, while he has another 180 days to try and find a new owner for the dam, the uncertainty of whether his petition is valid or not still hangs over it like a cloud. I would have wanted to be rid of that uncertainty but apparently Mr. Kelley doesn’t mind it. Will DEP conclude in 6 months that he has failed to correct the deficiencies in his original filing? Who knows!
With his petition being continued for another 6 months, the dam remains for sale and Mr. Kelley must actively seek a new owner, and entertain offers on the property. After all, the purpose of the petition for release from dam ownership or water level maintenance is to facilitate the transfer of a dam from someone who doesn’t want it to someone who does. As is stated in the recent LCN article, the Clary Lake Association does want it, and intends to actively pursue ownership of the Clary Lake dam as soon as the Department places a water level order on it.