Special Condition #4 of the Clary Lake water level order is a requirement that the dam owner have a Professional Land Surveyor establish the historical normal high water level of Clary Lake and transfer that elevation to the dam. The Order required that the dam owner submit this survey to the Department by June 2nd. Paul Kelley did in deed submit something on that date and not surprisingly, it failed to meet the requirements of the Order. On June 19 the Department responded with a letter detailing the shortcomings of his submission. The letter gave him 30 days, until July 21st, to correct the deficiencies in his submission and resubmit the plan. That was a couple of days ago. I got a copy yesterday afternoon and it is sadly but not surprisingly, more of the same old, same old:
Paul Kelley continues to thumb his nose at the Department including refusing to provide a Condition Compliance Application (and the requisite $146 application fee) on the basis that “PPM has violated no law, nor has PPM applied for any DEP license or permit, nor has any DEP license or permit been issued to PPM to which “conditions” may be attached by DEP.” The rules apparently just don’t apply to Paul Kelley, according to Paul Kelley. You just know this isn’t going to end well… for Paul Kelley.
In other news, according to the cover-email accompanying his response, Paul Kelley says the long-awaited mediation is to start next Tuesday, July 29th.