Yearly Archives: 2013

05 November 2013: Jefferson schedules public meeting

town-meeting-custom The Town of Jefferson has scheduled public meeting for Monday 18 November at 5:30 PM to consider and act on the issue of dam ownership. The meeting is being held at the Jefferson town office. This is one day before the Town of Whitefield public meeting being held for the same purpose. The actual wording of the article is:

Article 2: To see what action the Town will take regarding ownership of the dam on Clary Lake located at 103 Mills Road in Whitefield.

This is pretty much the same wording as the last time they held a meeting and the outcome of the meeting will undoubtedly be the same. The Selectmen have decided to send a letter to the DEP expressing their concern over their lack of action on the matter of a water level order for Clary Lake.

28 October 2013: Kelley request for Board of Environmental Protection jurisdiction over his petition

eyes Paul Kelley has sent a letter to DEP Commissioner Patricia Aho requesting she give up jurisdiction over his company’s petition for release from dam ownership or water level maintenance to the BEP (Board of Environmental Protection). He copied IF&W Commissioner Chandler Woodcock and the towns of Whitefield and Jefferson:

27 October 2013 Request for Board of Environmental Protection Jurisdiction

It is not a foregone conclusion by any means that DEP Commissioner Aho will relinquish jurisdiction to the BEP, nor is it clear what Kelley would expect to gain by having the BEP take over his petition. From a DEP information sheet:

BEP Jurisdiction Requests. People may request that the Board assume jurisdiction over a filed application within 20 days after D.E.P. accepts it as complete for processing. Such a request must satisfy Section 17 of Chapter 2. Board jurisdiction is not available for windpower development projects.

I think it is unlikely the DEP Commissioner Aho will go along with this jurisdiction change request and I think to do so would be a unconscionable waste of government time, money, and resources especially considering that Kelley has a couple of offers to purchase the dam. Those wishing to delve into this further can find Chapter 2 here:

Rule Chapters for the Department of Environmental Protection

25 October 2013 Lincoln County News: Whitefield sets date to vote again on Clary Lake Dam ownership

doh The slow motion train wreck continues: the Lincoln County News reports that the town of Whitefield has scheduled yet another public meeting for Tuesday, November 19th to “consider and act” on the question of dam ownership. Again. Apparently, back on September 27th Paul Kelley really did file a new petition, replacing his original petition filed back on April 2, 2013. DEP’s Kathy Howatt originally stated that she believed Kelley was trying to correct deficiencies in his original petition resulting from a failure to properly provide public notice and that as such the towns wouldn’t be required to hold public meetings again. In fact, when I spoke to her late afternoon on September 27th, she said that he hadn’t filed a new petition at all but had filed a request for a 180 day extension.

Now apparently DEP has concluded that Kelley really did file a new petition which is what Kelley has maintained all along. Boy I’m glad they finally got that straightened out.

Whitefield sets date to vote again on Clary Lake Dam ownership

This means Jefferson will also be required to hold another public meeting though the selectmen haven’t indicated they intend to do so, at least not yet anyways.

16 October 2013 Lincoln County News: No White Flags, But Clary Lake Groups Aim For Peaceful Talks

Paul Kelley addresses the small group of assembled lake shore owners.

There is an article in today’s Lincoln County News about the meeting held yesterday by Paul Kelley to hear offers on the dam from Clary Lake shore owners. It’s a good article, and well written. Here’s a link to the on line version:

No White Flags, But Clary Lake Groups Aim For Peaceful Talks

18 people showed up not including Paul Kelley or the fellow he brought to video record the meeting. The meeting started out rather stilted and formal. Kelley made it clear at the beginning that the meeting was being held to comply with the requirements of the statute and the video would be used as the basis of his report to the DEP. Continue reading →

15 October 2013: Pleasant Pond Mill LLC to hold public meeting today

dog_and_pony_show On behalf of Pleasant Pond Mill LLC, Paul Kelley is accepting offers on the Clary Lake dam today at a public meeting being held at 2 PM at the Jefferson Fire Department, the same place the water level hearing was held a year ago last August. The meeting is intended to comply with the requirements of the statute covering his petition for release from dam ownership:

38 §902. CONSULTATION PROCESS

1. Consultation required. Within 180 days of filing a petition pursuant to section 901, a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new owner is not located. A dam owner may meet the obligation to consult with property owners by holding a public meeting and consulting with the persons who appear at that meeting, as long as notice has been sent to each property owner as required in section 901.

Continue reading →

10 October 2013 [UPDATED]: Lake water quality still a concern

Dead blue-green algae

For the second time this summer we’re seeing evidence of a major blue-green algae bloom. Since it’s late in the season nobody has really noticed the murky water this time around, but this morning there is green scum floating on the surface of the lake, mostly visible around the edges where it is piling up against the shore. I’ve posted a few pictures. I wondered if we’d be seeing another bloom after David Hodsdon reported several weeks ago the TP (Total Phosphorus) reading of 0.023 mg/l from the 8/12/2013 water test. That much phosphorus usually indicates a bloom is on the way or underway. David had reported an algae bloom back in late July so I thought at the time the bloom winding down, but it is clear now that it the algae die-off in early August was just a temporary condition. You can check out the water quality monitoring data going back a couple of years on the Clary Lake Water Monitoring Data page. Continue reading →

03 October 2013 Lincoln County News: New Clary Lake dam petition may not be new at all

confused-monkey1 The confusion surrounding Pleasant Pond Mill LLC’s petition for release from dam ownership or water level maintenance continues despite the Lincoln County News‘ attempt to bring clarity to the situation with this most recent article on the issue. The confusion even extends to the Department of Environmental Protection where uncertainty over whether Kelley’s petition is new, old, or improved is complicating processing. Dominik Lobkowicz tries (heroically) but fails (inevitably) to explain it all in his article:

New Clary Lake dam petition may not be new at all

Continue reading →

27 September 2013: No new petition for release from dam ownership

forsalebyowner-custom As of 3:30 PM today, Friday the 27th of September, Mr. Kelley had not filed a new petition for release from dam ownership or water level maintenance with the DEP despite what his recent “notice of intent to file” stated. He has instead requested a 180 day extension to his current petition as provided for by the statute. I would have thought it made more sense for Mr. Kelley to withdraw his original petition and submit a new one so as to remove all question about the validity of his initial public notice. Now, while he has another 180 days to try and find a new owner for the dam, the uncertainty of whether his petition is valid or not still hangs over it like a cloud. I would have wanted to be rid of that uncertainty but apparently Mr. Kelley doesn’t mind it. Will DEP conclude in 6 months that he has failed to correct the deficiencies in his original filing? Who knows!

With his petition being continued for another 6 months, the dam remains for sale and Mr. Kelley must actively seek a new owner, and entertain offers on the property. After all, the purpose of the petition for release from dam ownership or water level maintenance is to facilitate the transfer of a dam from someone who doesn’t want it to someone who does. As is stated in the recent LCN article, the Clary Lake Association does want it, and intends to actively pursue ownership of the Clary Lake dam as soon as the Department places a water level order on it.

25 September 2013 Lincoln County News: Clary Lake Dam Owner Plans Second Petition For Release From Ownership

writing1_0 There is an article in this week’s Lincoln County News about Pleasant Pond Mill LLC filing a second petition for release from dam ownership or water level maintenance. The reporter, Dominik Lobkowicz, interviewed me by phone yesterday afternoon and it would appear he also spoke Paul Kelley and Kathy Howatt of the DEP.

Clary Lake Dam Owner Plans Second Petition For Release From Ownership

Mr. Lobkowicz has done a good job of reporting on a very complicated issue and has prepared a factual, accurate article. One thing that jumped out at me: Kelley apparently told the reporter that “no offers to take over ownership of the dam that meet the statutory guidelines have yet emerged.” This does not jive with a statement made by Kathy Howatt to me yesterday when I spoke with her on the phone: she said she was aware of at least one offer on the dam.

I’ll read the article more closely later and likely post a comment or two. I’ll also archive the article and post a link to it later.

Here’s a local PDF copy from the archive:

25-September-2013_LCN_Clary-Lake-Dam-Owner-Plans-Second-Petition-For-Release-From-Ownership.pdf

24 September 2014: Pemaquid Paddlers descend on Clary Lake

The Pemaquid Paddlers did indeed show up at Clary Lake this morning; I stopped by the boat launch a little before 9 am to watch them gear up and take off. There were 14 kayaks in all, all different, several of which were tandem boats with 2 people in them. The weather was COLD and blustery with a strong north wind blowing down the length of the lake. A number of the paddlers were wearing shorts; it was NOT a time or place for shorts as far as I was concerned!

I talked to a number of the paddlers; some of them had been to Clary Lake before and many were aware of the water level crisis taking place. One had been partway down the channel earlier this summer and they were concerned that they wouldn’t be able to navigate the channel all the way to the dam because of low water and thick weeds. They were right: the paddlers turned back after reaching the end of the lake and didn’t even venture into the channel at all.

I’ve added a half dozen or so pictures of the Pemaquid Paddlers to the new Fall 2013 Photo Album.

24 September 2013: Confusion around Pleasant Pond Mill LLC’s Notice of intent to file

I spoke to Kathy Howatt this morning to confirm the circumstances surrounding Kelley’s latest “notice of intent to file” and surprise surprise, she said that DEP has NOT dismissed his petition. It wasn’t even clear that she knew about Kelley’s latest notice though she was aware that Kelley intended to hold a public meeting next month. She speculated that this new notice of intent to file was Kelley’s attempt to correct the deficiency in his original filing. However, Kelley already tried to correct the deficiency in his original filing with a public notice back on May 24th. If that wasn’t sufficient, why should this latest attempt be sufficient? Will he actually file another petition on September 27th as his latest notices suggests? What happens to the existing petition? Can he actually file the petition twice? Do the towns of Whitefield and Jefferson have to hold public meetings again? I’m left with nothing but questions: Kelley continues to confuse, obfuscate, and complicate the situation.

So who’s planning on attending Paul Kelley’s October 15th public meeting? Who’s planning to make an offer on the (breached) Clary Lake dam?

23 September 2013: Deja Vu all over again: Pleasant Pond Mill LLC files petition for release from dam ownership. Again.

doh I received a form letter from Paul Kelley today it being notice of his intent to file a petition for release from dam ownership or water level maintenance. Again. Those of you who have been paying attention will recall that back on May 17th of this year Kathy Howatt of the DEP sent Paul Kelley a letter notifying him that his petition was deficient because he failed to satisfy the statutory requirements for providing public notice of his intent to file. Ms. Howatt offered him the opportunity to withdraw the petition and refile it or alternatively, he could wait until the 180 day consultation period arrived and they would dismiss it at that time. Kelley opted to proceed as if the rules just didn’t apply to him. Continue reading →

21 September 2013: Pemaquid Paddlers follow the call of the loons on Clary Lake

canoe Here’s an interesting news item. I got home this morning to find a page from the September 19th issue of the Lincoln County News sitting on my dining room table with a short news item on page 11A highlighted for my attention. Apparently the Pemaquid Paddlers (never heard of them before) are planning to descend on Clary Lake next week. I have no idea how or why they selected Clary Lake for their loon-commune experience or how many paddlers they’re expecting, or for that matter whether they’re aware of the low water conditions they’ll encounter in the channel- or the drained wetlands:

Pemaquid Paddlers follow the call of the loons on Clary Lake

On Tuesday morning, Sept. 24, the Pemaquid Paddlers will mingle with the loons and other wildlife on Clary Lake, a great pond of almost 680 acres straddling Whitefield and Jefferson. Continue reading →

20 September 2013: Updated Lake Water Monitoring Data

secchi_disk The latest lake water monitoring data shows that the water quality has improved considerably from levels seen this past summer. The secchi reading of 13.45′ shows the lake water is the clearest it has been for a few years. I attribute this change primarily to a large infusion of rain water earlier this month. The dissolved oxygen values at the surface and at 23 feet also show that the “fall turnover” has occurred. From late spring through the end of summer the water at the bottom of the lake are oxygen-deficient. Fall weather brings about a mixing of lake water.

FYI be advised that the buoys marking the ledges at the northwest end of the lake are gone. It turns out the 5 gallon jug I set had deteriorated from ultraviolet light and developed cracks, filled with water, and then sank in about a foot of water. The other marker that Brent Duncan set on the other end of the ledge went missing a few weeks ago. This late in the season it doesn’t make sense to replace them, so I pulled both anchors. The ledges are only covered by a couple of inches of water. They’re awash at 42″ below the top of the dam, as are a number of other rocks between the ledges and the shore. Careful out there.

14 September 2013: It’s been down so long it looks like UP to me!

Current Month Water Level Chart

Heavy rains over the past few days have brought the lake up 14.6″ so far from it’s low back on August 30th, most of the rise have occurred in the last 3 days. As of 7 AM this morning, the lake was at an elevation of 147.23′ or 40.92″ below the top of the dam. It’s still rising fast as the ground is saturated and the rate of runoff is high. Peak runoff typically occurs 24 hours after the end of the rain event which will be sometime tomorrow. Judging from the rate of rise in the last 24 hours and the trajectory of the curve I would expect to see the lake rise another 6″ or 8″ over the next couple of days and I wouldn’t be surprised if more than 50 cubic feet per second of water flowing out of the lake by Monday morning. Check out the Water Level Charts and guestimate for yourselves how high the lake will get.

The rapidly rising water has likely caught a few people by surprise, myself included. I woke up this morning to find my dock (which is sitting on stilts) barely above water and the ramp leading to it had floated away. I’ll be out later today searching for it and will have to move my dock in closer to shore lest it too float off in the night. Other people with moored docks and floats might find them inaccessible for the time being. On a brighter note, there were a number of people who were facing the predicament of getting their boats out of the lake. This lake level rise should make it easier. Currently at the state boat launch there’s 1.7′ of water over the foot of the ramp- still less than the design value of 2.3′ but a lot better than it has been. Tomorrow afternoon I would expect the there to be at least 2′ of water over the foot of the ramp if not more. Here’s your chance folks.

As welcome as this water level rise is, it’s important to note that the lake is still drastically low. At 40″ below the top of the dam the Great Meadow is still devoid of water and the vast wetland will offer no welcome haven to the flocks of migrating water fowl looking for a place to lay over, later this month. I’m not exactly sure how much rain we received over the past 3-4 days but we’re approaching 6″ total so far for the month, and it’s not even the middle of the month. Kelley is going to wish he had made repairs to the dam while he had the chance.

10 September 2013: Clary Lake Association receives Exempt Charitable Organization status

The Clary Lake Association has finally received Exempt Charitable Organization status under the State’s Charitable Solicitations Act. We applied for exempt status back in July. I thought it prudent at the time to curtail our solicitations activities while our application was pending review. In accordance with our new-found status I have added back the donate button on the “Donate to the Association” page as well as put a donate button back on selected pages. My wife Margaret, who is the chair person of the Fundraising Committee, will be most pleased.

Let the fund raising begin!

05 September 2013: The loon being cared for at Avian Haven didn’t make it :(

loon2_icon

Back on August 14th I posted about a loon that had crash-landed on Route 215. Taylor Holland found it and arranged for it to be delivered to Avian Haven up in Freedom. I emailed Diane at Avian Haven yesterday to follow up on the loon, and today I received the following email. Sadly, whatever had been ailing the bird turned out to be fatal:

Hey, George. Funny you should ask – you were on my list to contact today. I’m sad to say that the loon died Tuesday night. Throughout his stay here I kept hoping there would be some optimistic update I could send, and I postponed getting in touch when there was little if anything positive to report.

I’d consulted with two wildlife veterinarians in other states who specialize in loons; on the basis of x-rays I sent, there was agreement that your bird likely had an untreatable fungal infestation of the respiratory system. You might recall that the initial blood work suggested an overall debilitated state; those parameters improved slightly for a while with supportive care and readily-available food. Continue reading →

01 September 2013: Upcoming 2013 Watershed Survey Training Workshop September 20th

At the Association’s annual meeting last month, the membership voted to work on updating the 2001 Clary Lake watershed survey. To that end, about 10 people volunteered to take part in the survey. To that end, the Department of Environmental Protection is giving a workshop for volunteers to train them how to identify, monitor, and mitigate non-point sources of pollution in lake watersheds.

The 4.5 hour workshop is free and will be held from 10:00 AM till 2:30 PM on September 20th at the Maine Volunteer Lake Monitor Program’s Brackett Environmental Center facilities in Auburn (I’ve added an event on the Clary Lake Association event calendar). The VLMP has setup a page with more information about the workshop. If anyone wants to attend, give George a call at 549-5991 or email him at gsfergusson@clarylake.org.

29 August 2013: Planned Site Migration (Final) UPDATE 4

computer_repair [UPDATE 4] 2:30 PM 30 August: Fairpoint DNS servers are now updated. I’m glad to be able to put this migration behind me. We’re on a new “virtual machine” server with half a dozen other relatively low-volume sites with plenty of server resources to go around including gobs of disk space. Moving on…

[UPDATE 3] 7:10 AM 30 August: The Fairpoint DNS issue continues. There were some other sites involved in last night’s move and none of them are accessible to people using Fairpoint DNS servers. In other words, Fairpoint customers more than likely can’t get to this site yet. That is outrageous. I’ll be filing a ticket with Fairpoint later. At first it looked like one Fairpoint server was working- NS2. However it has not fully updated either so I’ve set my own servers to Google’s public DNS servers 8.8.8.8 and 8.8.4.4.

[UPDATE 2] 9:55 pm 29 August: It appears the DNS problem was/is limited to Fairpoint customers as a result of two misconfigured name servers NS1.MYFAIRPOINT.NET and NS3.MYFAIRPOINT.NET which are failing to respond properly. I solved the problem on my network by manually setting the primary DNS server to NS2.MYFAIRPOINT.NET which is responding properly. The TTL (time to live) on Fairpoint DSL name servers is set to 19 hours which is a bit outrageous. I’ll be speaking to them. If this sounds like so much gibberish and you’re reading it, don’t worry about it. If you found Clarylake.org was unavailable for a day and then suddenly started working, that’s why. Sorry for any inconvenience.

[UPDATE 1] 9:03 PM 30 August: The migration has taken place but there are some residual DNS problems resulting from poorly configured servers most notably with Fairpoint. This is making the site unavailable to some users. Most notably, this is affecting ME so I’m on a proxy now. Patience folks.

Back on the 18th of August I posted about a plan to migrate this website to a new server. I thought this would have taken place by now but it turned out to be a little more involved as there are a number of other sites that share the same virtual machine and they all needed special attention. Anyways, the transition plan has been refined and tested and we’re ready to implement it. Theoretically nobody should notice a thing as the cut-over will take place late tonight when traffic is particularly slow, and it should only involve a few minutes of downtime. There may be a short period when the domain name clarylake.org doesn’t resolve properly. If you get a “Non-existent domain” or “page not found” error you may need to clear your browser cache, close and reopen your browser, or just try again later. Long before tomorrow morning arrives we’ll be back fully operational.

24 August 2013 Lincoln County News: Montsweag Dam inspection report is in

finger-in-dike David Hodsdon sent me an article from last week’s Lincoln County News about a recent inspection of the Montsweag dam in Wiscasset. The inspection was conducted by Wright and Pierce Engineering Company. Of particular interest is the last paragraph which describes the permitting requirements for the making the repairs:

“The inspection report of the dam indicates the repairs discussed in the report would be exempt from DEP regulatory permitting under the Maine Natural Resources Protection Act providing the activities do not require dredging of sediments and all improvements will take place within the footprint of the dam. Should dredging activities or other improvements change the dimensions of the Dam below the high water mark it would require review and permitting with both the Maine DEP and the Corps of Engineers, according to the inspection report.”

Continue reading →