[dropcap]There[/dropcap] is an article in today’s Kennebec Journal (and Morning Sentinel) by Central Maine Papers staff writer Jessica Lowell about the Notice of Violation issued by the Department of Environmental Protection on September 28th (see: DEP takes enforcement action, issues a Notice of Violation). The article is factually accurate and lists the specific violations in the NOV, namely:

1. failing to meet the 2014 water level order;
2. failing to submit a surveyed plan showing the normal high-water mark of Clary Lake;
3. failing to obtain DEP approval for a final water level management plan;
4. failing to install a lake gauge and file a report detailing the inspection results of its installation;
5. and failing to allow the lake to rise gradually between ice-out in 2015 until Aug. 1;

The article also states that Attorneys for Pleasant Pond Mill LLC (PPM) and Aquafortis Associates LLC (AQF) contend that among other issues, complying with the notice of violation is impossible because it sets deadlines that cannot be met, noting that PPM has only 15 days to comply with the minimum flow provisions of the water level order and to “undertake all other steps necessary to prevent further dewatering of the lake and begin raising the level of the lake in compliance with the (water level order).

• DEP issues violation notice on Clary Lake water level

I’ll post a link to an archived copy shortly.