23 June 2014: DEP Responds to Paul Kelley’s Water Level Survey

“Unacceptable at this time” is how the Department of Environmental Protection has characterized Paul Kelley’s Water Level Survey that he submitted to the Department in response to Special Condition #4 of the Clary Lake Water Level Order. If you’re having a sense of deja vu all over again it’s because this this is the exact same phrase the Department used to describe his Water Level Management Plan in a letter sent to him back on June 2nd (see the news article here). Mr. Kelley certainly isn’t scoring very high marks with the Department over his attempts to comply with the Water Level Order… it’s almost like he isn’t even trying:

Special Condition #4, Clary Lake Survey, DEFICIENCY

The letter gives Mr. Kelley until July 21st to submit a survey along with a Condition Compliance Application and a $146 application fee. Mr. Kelley is not considered in violation of the Order at this time, but don’t worry: that will change soon enough.

The letter reminds Mr. Kelley that the Department would have provided assistance in determining the Historical Normal High Water Line of Clary Lake if only he’d asked for help by May 1st.

For those of you who are interested in Mr. Kelley’s summer itinerary, the various hoops he’s got to jump through, and how high they are, I’ll be preparing a time line in the near future.

I am pleased to see the Department is being more responsive: their response came only 17 days after Kelley’s June 2nd submission, a great improvement on the 31 days for their first response. Clearly the Department is operating under the presumption that Mr. Kelley is actually trying to comply with the Special Conditions of the Water Level Order and they are therefore affording him every opportunity to correct the deficiencies in his submissions. It is not clear for how long they will continue to handle matters with such leniency considering that Mr. Kelley obviously has no intention of complying with the Order in any meaningful way. Good luck Mr. Kelley, you’re going to need it.