I have just sent my response to Kelley’s request for a new hearing to the Service List. It’s short. DEP has already defended their decision to conduct the bathymetric survey and have decisively ruled on Kelley’s repeated objections to it. Kelley apparently can’t take no for an answer. DEP was not willing to revisit and revise the survey at my request and I see no reason now why they should approve Kelley’s request to reopen the hearing which would only waste valuable time, resources, and money.

Petitioner’s Response to Pleasant Pond Mill LLC’s request for a new hearing

As usual, Since Pleasant Pond Mill LLC is not on the service list, Kelley will learn of my response by reading this post unless someone cares enough to send him a copy of my email. Far be it from me to add his address to the Service List. That’s DEP’s job, they maintain the list and publish it. I just post to it. One of these days DEP will wise up to the fact that Pleasant Pond Mill LLC is still represented by PretiFlaherty in name only.

Incidentally, today is the drop-dead day for Kelley to supply the State with proof that he has sufficient right, title, and interest in the Clary Lake dam to satisfy the statutory requirements for transferring the the property under the Petition for release from dam ownership or water level maintenance. As I understand it, if he can’t show that he owns the flowage rights, they’ll dismiss his petition. What are the chances Kelley has been able to come up with the flowage rights in the last couple of weeks? I’m guessing slim to none. Stay tuned.