The second deadline contained in the Clary Lake Water Level Order has arrived. Mr. Kelley is supposed to have retained the services of a Professional Land Surveyor to establish the “Historical Normal High Water Line” of Clary Lake and show that elevation on the Clary Lake Dam. Here’s the requirement from the Order:

4. The owner of the darn shall retain the services of a professional, licensed land surveyor to determine the historical normal high water line of Clary Lake. This line shall be surveyed and determined by using a baseline point such as visible Water stain markings, the MDIFW Route 215 boat launch, the Duncan Road boat launch, or the upstream face of the dam. Other points may be found in 38 M.R.S. § 480-B (6) which defines the normal high water line for waterbodies. A stamped, surveyed plan denoting a clearly defined normal high water line of the lake; a stamped, surveyed plan denoting the location of the normal high water line on the dam; and a narrative consisting of the methodology and equipment used for those determinations must be submitted to the Department for review and approval no later than June 2, 2014. If the owner of the dam is unable to reasonably retain a licensed land surveyor to determine the historical normal high water line, the owner of the dam may request the assistance of the Department in establishing this line no later than May l, 2014. The Department Will consider any such Written request when and if a request is submitted by the owner’ of the dam, but only after the owner of the dam has demonstrated that it has exhausted efforts to retain the needed licensed land surveyor.

I’m not aware of Mr. Kelley having asked the Department for assistance with this survey requirement, nor am I aware of any actual surveying work having taken place though I could be mistaken. It will be interesting to see just what Mr. Kelley submits. I’ll post more information when I have it. Stay tuned!