Yearly Archives: 2015

01 September 2015: August 2015 water level chart archived

I’ve archived the August 2015 water level chart (at left), and what a chart it is. One glance and you can see that the water level hardly moved. For the entire month the lake level never rose above -63″ below the top of the dam and on August 7th it reached -65.16″ below the top of the dam, the lowest level I’ve ever recorded. The lake is so low in fact that water is no longer flowing out of the lake into the outlet channel and hasn’t been since early July; there’s a trickle of water flowing through the open gate in the dam but it is coming from ground water and springs in the meadow area. It’s actually been at or below -60″ below the top of the dam since July 10th. This makes it the longest stretch of the lowest water levels we’ve experienced in the last 4 years. It’s gotten almost this low before, but it has never stayed this low for this long.

The low water condition has been exacerbated by the near-drought conditions we’ve experienced so far this year. As of the end of August we had received only 18.88″ of precipitation for the year compared to 32.83″ on this date a year ago. As a result, because the ground is so dry, there has been no absolutely no runoff as the result of what little rain we have received. To make matters worse, because of the topography of the shoreline around lake, when it does rain the lake doesn’t so much get deeper as it does bigger. This then explains how last August 11th and 12th when we received 2.29″ of rain, the lake only came up 1.92″ total. This defies logic, but as those of you who have stuck sticks in the mud on your water front to mark where the water line is can attest, it ain’t moved.

This extended period of excessively low water levels has severely restricted everyone’s use and enjoyment of Clary Lake even more than usual, not to mention the ongoing impact on wildlife habitat, and water quality. There will be consequences.

31 August 2015: DEP Commissioner Steps Down to Join the Office of Senator Collins

DEP Commissioner Steps Down to Join the Office of Senator Collins

August 31, 2015

For Immediate Release: Monday, August 31, 2015
Contact: Adrienne Bennett, Press Secretary, 207-287-2531

AUGUSTA – Governor Paul R. LePage announced Monday that Department of Environmental Protection Commissioner Patricia Aho is stepping down. After four years serving in the LePage Administration, Aho has accepted a position within the Office of Senator Susan Collins.

Aho has led the Department of Environmental Protection since September 2011, having previously served as the agency’s Deputy Commissioner. At the Department, Commissioner Aho focused on making improvements to assistance, compliance and environmental literacy for all members of the regulated community, maintaining high-level protections for our natural resources.

“Pattie has been a tremendous asset to the Administration by improving efficiency and accountability throughout the Department of Environmental Protection,” said Governor LePage. “We wish her well knowing she will bring value and experience to Senator Collins’ office.”

“Working with a dedicated staff, it has been my privilege to work to improve regulatory reform, increase accountability and transparency and modernize DEP’s approach to doing business,” said Commissioner Aho. “It has been my distinct honor to serve the people of Maine as Commissioner of the Department of Environmental Protection.”

Aho will join Senator Collins’ team as the State Office Representative in Augusta. In this role, Aho will be the Senator’s representative in Kennebec, Lincoln and Knox Counties. She will also direct constituent service efforts in those areas and manage the Augusta office staff.

“I am delighted that Pattie will be joining our team as a State Office Representative,” said Senator Collins. “Pattie has a wealth of experience and brings a robust understanding of both the state and federal government to the job, as well as a deep knowledge of the area. I have known Pattie for a long time and I’m very happy to have her joining the staff.”

Aho, a native of Boothbay Harbor, is a graduate of Nasson College and earned a law degree from Western New England College, School of Law. She resides in Newcastle with her husband Ron.

Governor LePage also announced Monday Avery Day will serve as acting commissioner of the Department of Environmental Protection effective Monday, September 7. Day now serves as Governor LePage’s Senior Policy Advisor on environmental protection; agriculture, conservation and forestry; inland fisheries and wildlife; and marine resources-related legislation and regulation. He will remain active in his role within the Governor’s Office while serving as acting commissioner.

29 August 2015: Hanging out

Clary Lake shore owners Bob Rubin and his wife Cheryl Ayer hanging out on their dock on a nice August afternoon, kicking toes. For some reason, Bob doesn't look too happy. Neither does Cheryl. I'm pretty sure it's because of the lack of usable water front on their lake front property. Bob and Cheryl are both lawyers and Bob represented the Clary Lake Association during the water level petition proceedings. The water level when this picture was taken was -64" below the top of the dam. Photograph by George Fergusson 28 August 2015

Clary Lake shore owners Bob Rubin and his wife Cheryl Ayer hanging out on their dock on a beautiful August afternoon. For some reason, Bob doesn’t look too happy. Neither does Cheryl. I’m guessing it’s because of the lack of usable water front on their lake front property. Bob and Cheryl are both lawyers, and Bob represented the Clary Lake Association during the water level petition proceedings. Cheryl is currently a Clary Lake Association board member. The water level when this picture was taken was -64″ below the top of the dam. Photograph by George Fergusson 28 August 2015

28 August 2015: Wednesday night meeting to air grievances about Clary Lake well attended

CLA President and meeting moderator Malcolm Burson sits between State Representative Deb Sanderson and State Senator Christopher Johnson near the end of the August 26th meeting of Clary Lake shore owners and town of Whitefield officials. Photograph by George Fergusson 26 August 2015

Judging from the turnout (at least 61 people, maybe more) and the feedback (more than 31 people spoke, some of them more than once) I’d say last night’s standing-room-only meeting was a great success. The meeting, which came about as a result of discussions earlier in the month between Clary Lake Association (CLA) representatives and State Representative Deb Sanderson, was well-moderated by CLA President Malcolm Burson. In an outstanding show of solidarity, both State Representative Deb Sanderson (a Republican) and State Senator Christopher Johnson (a Democrat) ran the meeting together in a refreshing show of non-partisan cooperation. While the Clary Lake water level crisis is not a partisan issue, it was still refreshing and encouraging to see our two elected representatives completely aligned and working together towards a common goal. They will be working together to draft a letter to, and bring this matter to the attention of, the Department of Environmental Protection.

One of the main goals of the meeting had been to arrange for Clary Lake shore owners and other community members share their grievances with officials from both towns in the hopes of spurring them to take a more active role in support of the State’s defense of the water level order. To that end, Representative Sanderson had extended an invitation to both Jefferson and Whitefield officials to attend the meeting. While all 5 of Whitefield’s Select Board members were at the meeting, to everyone’s surprise, none of Jefferson’s 3 Select Board members decided to attend. This was an insult to the Jefferson residents that represented over 1/2 of the people that showed up and spoke at the meeting. Continue reading →

26 August 2015: Legislator to hear Clary Lake water level concerns at Whitefield meeting

State Representative Deb Sanderson contemplating the Clary Lake dam during a site visit on August 10th. Photograph by George Fergusson

A story about tonight’s meeting at the Whitefield Fire & Rescue building on Townhouse Road has appeared in today’s Kennebec Journal. KJ staff writer Paul Koenig interviewed Representative Deb Sanderson and several other people for the article. Representative Sanderson conducted a site visit to Clary Lake several weeks ago to view the current low water conditions. I think it is safe to say that Representative Sanderson was appalled by what she saw that day, prompting her to call tonight’s meeting to solicit input from Clary Lake shore owners and town officials from Jefferson and Whitefield.

A number of Whitefield Select Board members have indicated that they plan to attend the meeting, but the article suggests that nobody from Jefferson plans to be there. I certainly hope that is not the case: I stopped by to talk with Select Board member Robert Clark yesterday morning and he told me that the Board had discussed the meeting at their regularly scheduled Board meeting the night before and said that he would be unable to attend the meeting but that Select Board member Gregory Johnston planned be there. We will see. It would be unfortunate if no one from the Jefferson Select Board cares enough about the Clary Lake situation to bother attending the meeting.

The meeting is to be held at 6:00 PM and the public is welcome. The meeting was scheduled on relatively short notice and we’re still trying to get the word out. If anyone has any questions, feel free to contact me.

Legislator to hear Clary Lake water level concerns at Whitefield meeting

The picture at upper left shows Representative Sanderson viewing the Clary Lake dam during her August 10th site visit. I’ll be posting some additional pictures from that visit shortly.

24 August 2015: PPM/AQF file opposition to State’s motion, amend original petition

Last Friday, attorneys representing Pleasant Pond Mill LLC (PPM) and Aquafortis Associates LLC (AQF) made two filings in Lincoln County Superior Court. The first was an expected objection to the State’s July 6th Motion to Dismiss. The second filing was a motion to amend the original Rule 80C petition (aka the water level order appeal) which was initially filed back in February 2014. The State’s response to the Petitioner’s objections to the motion to dismiss is due September 4th. Presumably then the judge will then rule on the State’s motion to dismiss as well as the petitioner’s motion to amend the original petition.

The motion to amend the original 80C petition was apparently intended to correct or address certain deficiencies in the original filing that had been highlighted in the State’s motion to dismiss. I had wondered if PPM was going to try to join their recently dismissed appeal of Agency action with the water level order appeal but apparently not as there is nothing in the amended motion about it.

In other developments this month, according to a document filed on the State’s Interactive Corporate Services web site date August 14th, PPM has been reinstated as a LLC in good standing. This move was expected: in a 2014 Maine Supreme Court case, the Law Court determined that State law prevents an LLC in administrative dissolution from filing suit in court, they can only defend themselves in court.

Clary Lake Sweatshirts For Sale

Somehow in the process of changing our treasurer this summer, I ended up with the (dwindling) stock of Clary Lake Sweatshirts. These are now living in a laundry basket in my back hall which was already pretty tight for space. These have been offered for sale at our Annual meetings for the last half a dozen years, for $15. I’m now offering them for sale here on the website for the same price plus $10 to cover shipping and handling for a total of $25. I’ve set up a page for the purpose with a form to fill out with name and address information which uses Paypal for payments. You can use your Paypal account or a credit card. Here’s the page: Clary Lake Sweatshirts For Sale. You’ll find a link to the page on the right sidebar of every page on the site, right under the Search box. If you want to avoid shipping charges and pick one up from me directly, give me a call.

At this time we only have left:

2 White Extra Large
6 Gray Medium
4 Gray Large

Email me for availability of a particular color/size combination before you order. Get `em while they last!

16 August 2015: For waterfront owners on Clary Lake in Jefferson, the water has been lacking

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Stanely Whittier and his daughter Jane Roy on the shore of Clary Lake. Photo courtesy of Central Maine Papers.

Paul Koenig, Staff Writer with the Central Maine Papers has written another great article on the Clary Lake water level crisis. Koenig interviewed Stanley Whittier, his daughter Jane Roy, and recently elected Clary Lake Association President Malcolm Burson. Koenig also talked with Keel Kemper, wildlife biologist with the Department of Inland Fisheries and Wildlife. Department of Environmental Protection spokesperson David Madore declined to answer any questions, citing the ongoing litigation. Koenig also interviewed dam owner Paul Kelley who said that if the state ever attempts to enforce the water level order, the outcome will be the state ending up taking over ownership of the dam. I for one don’t have a problem with that.

For waterfront owners on Clary Lake in Jefferson, the water has been lacking

Paul Koenig and I arranged to meet later that day after he completed his interview with Stanley Whittier and Jane Roy. I gave him the 50¢ tour of Clary Lake and its sorry environs which included a visit to the totally useless State boat launch (left) and a hike out to view the vast drained wetland at the northwest end of the lake (right). I took him out to stand next to the channel, and it was perfectly clear from the still water that there is no water flowing out of the lake at this time. The last picture (bottom left) shows Paul Koenig talking with Association President Malcolm Burson on his and Eleanor Goldberg’s so-called beach.

14 August 2015: Membership in the Clary Lake Association now open to the public

At the Clary Lake Association’s Annual meeting back at the beginning of August, we approved major changes to our bylaws including to the membership and voting rights definitions. The old definitions, in place since 2001, specified that to be a voting member of the Association you had to own property on Clary lake or have legal (deeded) access to it, and pay dues. This entitled you to one vote. Married? Good luck deciding which of you is going to vote! Multiple owners of the property? Sorry, still only one vote! Have you been a long-time supporter of the Association and recently gave the property to your kids? Sorry, no vote for you!

The new membership definition is in fact very much like the Association’s original (1975) bylaws language: ANYONE who supports the purpose of the Association and pays their dues can be a member, and this entitles them to vote on all matters put before the membership. Simple. One membership, one vote. Don’t own property on Clary Lake but still want to be a supporting (and voting) member of the Association? No problem! Married and you each want to be able to vote? No problem! You and your wife can both pay dues and vote. Your children want to be members too? No problem! They can each pay dues, and vote. The more the merrier!

There are 2 ways you can join the Association. You can download and print a membership form and mail it to us with your check, or you can securely sign up online using Paypal. Whatever works for you. Continue reading →

12 August 2015: Kelley’s recent appeal dismissed from Lincoln County Superior Court

Picture of Paul Kelley taken at the 15 October 2013 Lake Shore Owner meeting. Lincoln County News photo

At the Clary Lake Association Annual Meeting back on August 1st I provided an update on the Clary Lake water level order and where things stand (see post: “2015 Clary Lake Association annual meeting a great success). During that discussion I described a July 24th filing in Lincoln County Superior Court by dam owner Paul Kelley which I had only learned about the day before. The filing consisted of an appeal of a recent DEP decision to dismiss his petition for release from dam ownership, and a request for mediation. At that time I suggested that the appeal might be dismissed because Mr. Kelley filed it himself without the benefit of counsel. As it turned out, at a conference held on August 4th, Lincoln County Superior Court Judge Daniel Billings did dismiss the appeal stating “Because the filing in this matter was made on behalf of an LLC by a non-attorney, this matter is DISMISSED without prejudice.” One would have thought Mr. Kelley would have known that a lawyer is required when a Limited Liability Company (LLC) is involved in litigation in Superior Court. He certainly does now. Continue reading →

10 August 2015: Drained Beaver flowage adds water to Clary Lake

A funny thing happened over the weekend: the lake level which has been falling a consistent 1/4″ daily (due to evaporation only) had, without warning, risen 1/4″ by early Saturday afternoon without us having received any rain at all… This situation had me thinking I’d made a mistake in measuring the water level until I discovered early that evening that the marsh on the south side of Route 126/215 at the primary inlet to Clary Lake which had been recently flooded by beavers was draining into Clary Lake. The picture at left shows the inlet of the culvert well plugged by sticks and mud on Thursday afternoon with the water level less than a foot from the top of the culvert. Sometime early Saturday morning someone, most likely a Town of Jefferson work crew, brought an excavator to the site and dredged out the blockage. Continue reading →

July 2015 Water Level Chart archived

July 2015

I’ve archived the July 2015 water level chart. The most notable thing about it is that it shows the lake level fell to 60″ below the top of the dam on the 9th of the month and remained well below that mark for the rest of the month. It has never been this low for this long. And no wonder given how little rain we’ve received this year: as of July 31st we have received a total of only 15.29″ of precipitation since the beginning of the year. Last year on the same date we had received 29.74″ or almost twice as much. The lake level also fell to a 4 year record low of 62.64″ on July 18th (see 21 July 2015: A new high in lows“). It has since fallen even lower than that, ending the month at 63.48″ on the end of the month.

It’s been so dry this year and especially this past month that when it does rain, very little of it runs off into the lake because most of the precipitation that falls on the ground is being soaked up. This fact, in combination with the topography of the exposed shoreline around the lake, results in a runoff multiplier less than 1x meaning that an inch of rain will bring the lake up something less than an inch. This doesn’t really make sense until until you realize that as the lake level rises it also spreads out, increasing the area of the lake. In other words, when it rains the lake gets bigger, not so much deeper. We’ve seen this phenomena before. How cruel is that?

Because of the berm at the outlet of the lake, very little water is actually leaving the lake now and flowing down the channel to the dam; most of the water that you see flowing out through the dam these days is seeping out of the ground in the meadow area itself, which is quite wet, and also coming in from Clark’s Meadow Brook. As a result, most of the ongoing daily drop in water level (about 1/4″ per day) is due to evaporation.

2015 Clary Lake Association annual meeting a great success

The 2015 Clary Lake Association Annual Meeting, and one of our better-attended meetings in recent years. Not sure of the exact head count but I think close 50 people showed up. The weather was perfect. That's Don Normam waving at the camera, Linda Gallion and the new treasurer-to-be Mary Gingrow-Shaw at the registration table counting money, and Butch Duncan standing next to Jeff French looking suspiciously at the camera. The meeting hadn't actually started when I took this picture. Photograph by George Fergusson 01 August 2015

The 2015 Clary Lake Association Annual Meeting, one of our better-attended meetings in recent years. Not sure of the exact head count but I think close 50 people showed up. The weather was perfect. That’s Don Normam waving at the camera, Linda Gallion and the new treasurer-to-be Mary Gingrow-Shaw at the registration table counting money, and Butch Duncan standing next to Jeff French looking suspiciously at the camera. The meeting hadn’t actually started when I took this picture. Photograph by George Fergusson 01 August 2015

The Clary Lake Association’s 2015 Annual Meeting was held on Saturday August 1st. The meeting was well attended, the attendees were engaged and attentive, our business was efficiently and satisfactorily transacted, the weather was fantastic, and the pot luck supper afterwards was outstanding. What more could we ask for? For those of you who couldn’t make it to the meeting, here’s a summary of what went down.

First off, minutes of the 2014 annual meeting and April 1st, 2015 Special Membership meeting were presented and approved, and have been posted on the website. There were also 2 main articles on the agenda to be voted on. Article 1 (with 2 questions) involved a number of changes to the Association bylaws and article 2 was a resolution to rescind a motion that had been passed at the 2013 Annual meeting. Both articles passed by wide margins with only 1 or 2 dissenting votes. The newly-revised bylaws have already been posted on the website. Of special note are the changes to the Membership and Voting rights definitions: Membership in the Association, formerly limited to Clary Lake shore property owners only, is now open to anyone who shares the goals and purpose of the Association and pays annual dues. Any member in good standing may vote on any matter brought before the Association. We believe that going forward this “inclusive” membership definition will better serve the goals and purpose of the Association and it’s members. Speaking of members, a number of people who have not been members before (or have not been members for a long time) have decided to (re)join the Association. Welcome, and thank you. Continue reading →

01 August 2015: Clary Lake Association Annual Meeting today!

I should have posted this a few days ago but better late than never: the Clary Lake Association’s Annual Meeting is today at 2:00 PM at the home of Ellis Percy and Joanne Tribby at 101 Old Madden Road in Jefferson. The weather looks like it will be hot, but dry. We have a very full agenda and would like to start on time, so if you haven’t already joined the Association or renewed your membership, please come early to avoid the rush. Also, there will be a potluck supper after the meeting so bring something to share, or just bring your appetite.

Here’s Page 1 of the agenda:

2015 Annual Meeting Agenda PAGE 1

If you have any questions feel free to call George Fergusson (549-5991) or Ellis Percy (549-7448). Hope to see you there!

31 July 2015: Another Lake shore owner complains to DEP

Jane Roy sent an impassioned email to Beth Callahan of the Maine Department of Environmental Protection the other day, and received a response from Ms. Callahan earlier today. Jane promptly posted both emails on the Clary Lake Association’s Facebook page but I thought they were worth re-posting here.

Jane Roy is a daughter of Stanley Whittier, a long time Clary Lake Association member who built his place on the lake way back in 1958. The Whittier property is located on the north shore of Clary Lake at the end of the Duncan Road in an area of the lake which as we know has been badly impacted by both low water and pond weed growth (see post “Duncan Road lake shore owners severely impacted by low water” and “Lake shore owners concerned about invasive aquatic plants“). I tied up at the Whittier’s dock the other day (in about 12” of water!) and spent a while talking with Stanley and his daughter Gail about the upcoming annual meeting, the low water conditions, the status of 80c proceeding in Lincoln County Superior Court, and various initiatives currently underway by the Clary Lake Association.

Before posting Jane’s email and Ms. Callahan’s response, I thought I’d comment briefly on this matter. First, I think Jane’s email was thoughtful and considerate and absolutely appropriate. Second, I felt Ms. Callahan’s response was honest and sincere, but understandably restrained: DEP staff has to be very careful what they say regarding an ongoing 80c proceeding. I’ll be somewhat less restrained and say that it is clear to me that both the Maine DEP and the Attorney General are actively engaged and aggressively pursuing a resolution of this matter in court and I am confident that we will ultimately prevail. So take heart people: it is only a question of when, not if, DEP will initiate aggressive enforcement action against the dam owner. Also, the Clary Lake Association is well aware of the fact that other parties besides DEP can take enforcement action. This and other initiatives will be discussed at tomorrow’s annual meeting.

Here are the emails:

From: Roy, Jane [mailto:Jane-Roy@idexx.com]
Sent: Wednesday, July 29, 2015 4:01 PM
To: Callahan, Beth
Subject: Clary Lake – Please Help Us?

Hi Beth,

I just left you a voice mail at your 446-1586 number.

Please call me and help me understand why nothing has been done to
enforce the Lake Level order. Our Lake is all but gone now.

I cry each time I go to the Lake and watch it disappearing. We all are.
I can’t sit back anymore and simply hope that George Ferguson and
the facts of this case will stand on their own merit. Another Summer
has come a gone with additional losses of acreage each year. In 2012
I sold my Sea Doo and bought a kayak because of this mess. I ran aground
in my kayak in the middle of the lake this year. Is this ok? I think not. Continue reading →

29 July 2015: North Shore Clary Lake Video

Published: 29 July 2015

The north shore of Clary Lake in the vicinity of Duncan Road has been severely impacted by the ongoing water level crisis. Now, with the lake level 63″ below the top of the dam, the water has receded over 100′ from where it would normally be this time of year. How long will this be allowed to continue?

28 July 2015: Duncan road lake shore owners severely impacted by low water

Duncan Road, north shore. The water level in this picture was 63″ below the top of the dam. Photograph by George Fergusson 28 July 2015

Everyone around the lake has been impacted by the Clary Lake water level crisis to some extent, some more than others depending on the nature of their shoreline. However, it is hard to believe the conditions the people over by Duncan Road on the north shore of the lake have been putting up with going on 4 years now. I had been over that way in my boat a few times earlier this year, but I never got too close to shore because of shallow water. I knew that the lake had receded quite a bit, but I really was not prepared for what I found today when I went over to look around. I drove over, parked, and walked around for almost an hour, taking pictures. It was a beautiful day, high summer in Maine, and not a soul to be seen. Nobody was there. No kids. No dogs. Nobody. And no wonder: it’s not a place anyone wants to hang out any more. Continue reading →

21 July 2015: Lake level reaches a new high in lows

I don’t need to tell anyone that the lake level is low, that much is obvious. However the lake is now lower than anyone has seen it in more than 54 years judging from a picture taken back in the summer of 1961, and that seems like something worth telling people about. On April 21, 2012 the lake fell to a then-record low of -62.53″ but as of the other day, the lake level had fallen even lower than that, to -62.64″ below the top of the dam, where it sits now. I went over to the State boat launch with my camera to take yet another picture of how useless it is and found the water level had fallen off the end of the ramp. Continue reading →

21 July 2015: Spider

Look what I found when I flipped my dock over the other day. That’s a finished 2×6 she’s sitting on which makes her oh… a little better than 3″ across. This picture really doesn’t do it justice. I can honestly say it’s the biggest spider I’ve ever seen.

18 July 2015: A few new historical photographs

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Captioned on back, “Harold and me. Henry Clary’s cottage, Clary Lake”. This is Harold and Inez Carpenter, my great uncle and aunt. Inez was my Great Aunt Belle Douglas’s sister. Submitted by Steve Giampetruzzi. Click for a larger version.

Steven Giampetruzzi has uploaded two pictures to the site of historical interest, they are undated but appear to date from the early part of the last century, sometime after 1910. One photo in particular has piqued my curiosity, it shows what is described as “Henry Clary’s cottage, Clary Lake” (at left). Does anyone know where this might have been located? Henry Clary lived and owned property in Jefferson but I was unaware also had a place on Clary. I would very much like to know where this place was located. Continue reading →