The state has denied a request to suspend its decision to issue a state environmental permit needed by the Connecticut Port Authority to complete a massive construction project at State Pier in New London.

Steve Farrelly, owner of road salt business DRVN Enterprises, had filed an objection to an Aug. 3 permit approval by state Energy and Environmental Protection Commissioner Katherine Dykes. Farrelly’s business was displaced from State Pier earlier this year because of the $235.5 million construction project spearheaded by the Connecticut Port Authority. Construction on some of the work outside the purview of the permit already has started.

Farrelly had filed a “motion to stay,” a request to place on hold the commissioner’s decision while he pursued his options, which could include an administrative appeal of the decision in Superior Court. He has 45 days from the decision to file that appeal. The Connecticut Port Authority did not have the permit in hand as of Friday.

Dykes rejected the request on Thursday.

In her response, she noted that “the right to seek a stay from the agency’s decision ... appears predicated on an appeal of the agency’s decision being brought in Superior Court.” She argues that her decision could not be suspended without an appeal first being filed.

If an appeal is filed, Dykes said the issue of whether or not DRVN Enterprises is an “aggrieved party,” as a result of state’s decision would be challenged by her agency and the Connecticut Port Authority.

With his business in jeopardy of collapsing, Farrelly has tried multiple legal maneuvers to halt the work at State Pier. He has argued DRVN deserved some type of protection as an existing water-dependent user of the pier. The state has countered that no water-dependent users should be favored over another.

The state has joined with the private offshore wind industry — Danish wind company Ørsted and Eversource — on a project to modernize the pier for use as a staging and assembly area for offshore wind turbines. Permitted work is underway, though the port authority does not yet have in hand state and federal permits for planned in-water work, which includes dredging.

DRVN’s objections and subsequent hearings and legal motions likely have served to delay the state permit. The port authority has an Aug. 31 deadline to obtain the permits before it schedules talks with Ørsted and Eversource about the future of the project.

Connecticut Port Authority Executive Director John Henshaw has acknowledged that a stipulation in the Harbor Development Agreement allows Ørsted and Eversource to reconsider a portion of its $75 million pledge toward the project but said missing the deadline would only bring the two sides together for meetings about the timeline and scope of project, which is expected to be completed before the end of 2022.

Attorney Keith Anthony, who represents Farrelly, declined to comment on the commissioner's decision.

g.smith@theday.com