Yearly Archives: 2015

18 July 2015: Annual Maine Audubon Loon Count nets 1 Loon, 1 new rock

The Annual Maine Audubon Loon Count was today. The loon count takes place for 1/2 hour between 7 am and 7:30 am on the third Saturday of July. On this day people all over the state hit their lakes in kayaks, canoes, and motor boats to count the number of Loons on the water. This year only 1 loon was seen on Clary Lake though 3 to 4 adults have been seen from time to time this spring. Needless to say, there are no nesting loons or baby loons this year. Mary and Ernie Shaw have been doing the loon count for quite a few years now. Mary will be giving a full report at the upcoming Annual Meeting.

Usually Mary and Ernie have their 16′ boat in the water, and they can usually be seen most pleasant evenings taking a slow and leisurely sunset cruise around the lake but this year there wasn’t enough water at the State boat ramp for them to launch their boat. For that matter there isn’t enough water on their shoreline for them to put in their dock either, so to conduct today’s loon count they asked me to take them around in my 14′ boat. During the loon count I managed to find a new rock on the north side of the lake off the point at the end of Duncan Road, in an area that I thought was plenty deep enough, and free of hazards. I was wrong. There are 2 buoys off the point marking shallow water ledges, and I had given them what I thought was a sufficiently wide berth. Fortunately I was not going too fast and my motor was not locked down so no serious damage was done, but my propeller got bent. I will have to pull it and file and reshape it before heading out again.

10 July 2015: Declining water quality, by the numbers [UPDATED]

Get ready for an algae bloom. Jack Holland and I went out and conducted our regularly scheduled water quality monitoring today and the secchi disk reading was only 2.50 meters (8.20′), down from 3.16 meters (10.36′) just two weeks ago. A lake is considered to be experiencing an algae bloom when the secchi disk reading is 2.0 meters or lower. We’re within only 1/2 a meter (1.6′) of that threshold now, and it’s only July 10th. Last year on the 18th of July the secchi disk reading was 3.25 meters (10.66′) and we didn’t approach the 2.0 meter threshold until almost the end of July. We’re good two to three weeks ahead of last year.

I’ve noticed over the past 4-5 days the lake color has gotten decidedly murky and brownish/green but I was still surprised the secchi disk reading so low. I probably shouldn’t have been given how dry it’s been and how low the lake is as these factors contribute to conditions conducive to the growth of filimentous cyanobacteria (aka blue green algae) which are responsible for algae blooms. Once the conditions are right for cyanobacteria to start multiplying, their growth can be explosive.

We’ll take a water sample for phosphorus testing during our next water quality monitoring session in 2 weeks. Phosphorus tests cost $25 a pop to get them analyzed by the State so we usually only do 3 tests per year.

[UPDATE: 7/14/2015] Based on the latest secchi disk reading taken about 1/2 hour ago, Clary Lake is officially having an algae bloom. The reading was 1.95 meters (6.40′). As mentioned above, a reading at or below 2 meters is considered to be an algae bloom.

08 July 2015: Lake shore owners concerned about invasive aquatic plants [UPDATED]

Last week I noticed some large and extensive mats of a green pond weed over by my shoreline in about 2′-3′ of water, thick enough to foul my trolling motor and bring my boat to a halt. I collected a sample and identified it as Elodea or American water weed (or Common Pond Weed). I was therefore not particularly surprised when Thomas Gillette showed up at my house yesterday with a shopping bag full of this plant, concerned that Clary Lake might have an invasive plant infestation underway. Thomas told me that Butch Duncan had brought it to him, saying that there were thick mats of it over in the cove on the north side of the lake by Duncan Road.

I reassured Thomas that this was not an invasive species. We’ve had this plant growing in Clary Lake forever but it’s always remained under control. You’d see a few pieces of it wash ashore from time to time or you might see patches of it up in the channel. Recently however, conditions around the lake have become quite conducive to this plant’s rapid growth in areas where it was not found before. Elodea is not a recognized invasive plant species but under the right conditions it can and does become a nuisance, clogging shallow water areas with thick mats of vegetation. Elodea likes nutrient-rich water down to several meters (5′-7′) in depth, plenty of sunlight, water temperatures between 10° C and 25° C and a soft, silty or muddy bottom where it’s thin wiry roots can get a good foot hold. You won’t find Elodea on a rocky or gravel bottom. With the water level down 5′ and 50% of the volume of the lake gone, conditions around Clary Lake are near perfect for this plant’s growth to explode: the reduced lake volume increases the concentration of nutrients in the water and the lowered lake level allows sunlight to reach down to silty/muddy areas that would normally be under 7′ to 10′ of water where Elodea wouldn’t normally be found, or be able to survive. Now our shallow water areas are a perfect habitat for Elodea.

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08 July 2015: State files motion to dismiss with Lincoln County Superior Court

On Monday 06 July 2015 lawyers with the Maine office of the Attorney General on behalf of Maine DEP filed a motion to dismiss All of the Independent claims in the petition and All Claims raised by Petitioner Pleasant Pond Mill LLC (PPM). This leaves claims raised by Aquafortis Associates LLC (AQF) as the only claims the State feels are worthy of the court’s time (i.e., counts I-V of the original appeal dated February 26, 2014). This motion to dismiss was made in response to the Court’s Procedural Order dated 02 June 2015 which gave the State 5 weeks to file their motion. The deadline to file was July 7th. The plaintiffs have 5 weeks to respond to the State’s motion.

While not a routine procedure, it is still relatively common for a respondent (in this case the State, representing DEP) to file a motion to dismiss part or all of a petition they feel is irrelevant, frivolous or outside the jurisdiction of the court and not worthy of appeal, especially when the plaintiff (in this case, PPM and AQF) has filed a petition that includes Heaven and Earth, including the kitchen sink. So that’s what this filing by the State is intended to do: get rid of the counts they feel are irrelevant and frivolous so the Court doesn’t waste its time on matters that aren’t relevant to the case.

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June 2015 Water Level Chart archived

6 waterlevelchart_June2015 I’ve archived the June 2015 water level chart. The lake level remained in a fairly tight range for the whole month, fluctuating only ± 3.7″ and ending up the month a little off its lows at -57.36″ below the top of the dam. It fell to 62″ below the top of the dam on June 20th, only the second time in 4 years it has gotten that low. In comparison, during the month of May the lake level fell precipitously at over 1″ per day, for the entire month. Despite the above average amount of rain we received in June (5.46″ compared to an average of 0nly 3.54″) the lake level remained largely unaffected because so much of the precipitation soaked into the ground rather than running off into the lake. As a result, the runoff multiplier was closer to 1X to 1.5X rather than the normal 4X multiplier. May’s rainfall total was so far below average (only 0.60″ compared to an average of 3.7″) that even with all the rain we received in June, we’re still several inches below normal.

The state boat launch remains largely unusable except for carry-in traffic and small boats if you’re able to manhandle them on and off their trailers and are willing to drag them across the rocks and shallows to get to and from deeper water; not many people are. I’ve seen a number of vehicles pull into the launch area with boats on trailers only to leave after seeing exposed rocks off the end of the ramp. Can’t blame them. As a result, boat traffic on Clary Lake this summer is noticeably below normal. Anyone who does manage to get their boat launched has to contend with shallow water and rocks where you least expect them. Only a few of the hazards are marked, leaving vast areas too shallow for safe boating to surprise the unfamiliar boater.

There is ample evidence around the lake of the impact of the ongoing severely low lake levels besides an unusable boat launch, and rocks sticking out of the water. As a result of fluctuating water levels, the loons that call Clary Lake home have not even bothered to try nesting this year, or last. Their last successful nesting attempt was back in 2008. Even more damaging to the ecosystem is the loss of 350+ acres of sensitive, high-value wetlands and the shallow-water littoral zone around the edge of the lake so important for lake health and for bird, fish, and animal habitat. Gone.

30 June 2015: Kelley’s appeal of Petition for Release Dismissal to BEP rejected

Paul Kelley standing in front of the Clary Lake dam. Photograph by George Fergusson, 8 August 2007

You will recall that last May the Maine Department of Environmental Protection returned Pleasant Pond Mill LLC’s (PPM) Petition for Release from Dam Ownership or Water Level Maintenance (see 18 May 2015 news post) citing various reasons including questions of right, title and interest in the Clary Lake dam property resulting from provocative statements made by Mr. Kelley in mediation, and the August 18, 2015 dissolution and subsequent March 26, 2015 cancellation of PPM as a Maine corporate entity. The Clary Lake Association (CLA) had recommended such action in a legal brief filed with DEP on April 7th by their attorney, Mr. Ronald Kreisman of Portland. At that time it was expected that Mr. Kelley would appeal the Department action. On June 15, 2015 Mr. Kelley did just that, filing an appeal (along with a request for a public hearing) with the Board of Environmental Protection (BEP). However, in a letter dated June 24, 2015, the chairman of the BEP, James W. Parker, informed Mr. Kelley’s that the Department’s return of PPM’s petition for release of dam ownership or water level maintenance was a “procedural action” taken by the Department during processing of the petition and did not constitute final agency action and as such is not subject to appeal to, or review by, the BEP. The Board chairman went on to say that the owner of the Clary Lake dam “may elect to document its ownership and submit (or re-submit, as the case may be) a petition pursuant to 38 M.R.S.A. § 901(1) for consideration on the merits.“

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Summer 2015 Newsletter is in the mail

The Clary Lake Association’s Summer 2015 Newsletter is in the mail. It went out a little later than intended, we’d hoped to get it mailed towards the end of May rather than the end of June but better late than never I always say. The newsletter is sent to all Clary Lake shore owners regardless of whether they’re Association members or not. We added an extra page to this year’s newsletter to accommodate a larger than usual Clary Lake water level order update, necessary because of how much has transpired this past year. Also for the first time since I’ve been doing the newsletter that we have sold some advertising in an effort to defray production costs.

A few items that normally appear in our newsletters didn’t make it into this issue due to space constraints. These include information about the annual Maine Audubon Loon Count and a water quality update. This year’s loon count will take place on Saturday July 19th for 1/2 hour between 7:00 am and 7:30 am. Mary and Ernie Shaw will be doing the count though if the lake level doesn’t rise enough for them to launch their boat in the next few weeks they may be using my boat to do it. For up-to-date information about the water quality of Clary Lake, check out the Clary Lake Water Monitoring Data page which is updated roughly every 2 weeks during the boating season.

Summer 2015 Newsletter

The newsletter is sent to all Clary Lake shore owners, not just Association members. Our mailing list currently consists of about 140 names including some interested parties who do not own property around Clary Lake. If you’d like to be on our mailing list, send an email to info@clarylake.org and include at least your name and address and preferably also a phone number and email address.

19 June 2015: New Legislation to affect people considering a water level petition

DEP Commissioner Patricia Aho testifying before the Environment and Natural Resource committee. I was there for a work session on LD 1244, “An Act To Amend Environmental Permitting Standards”; the Commissioner was actually testifying on a different bill at the time, she did not comment on LD 1244. Photograph by George Fergusson, 29 April 2015

The Maine Department of Environmental Protection introduced proposed legislation this past spring entitled “An Act To Amend Environmental Permitting Standards.” The proposed legislation, designated LD 1244 and sponsored by Republican Senator Thomas Saviello, was turned over to the Committee on Environment and Natural Resources (ENR) of which he is co-Chair, on Apr 7, 2015. The main thrust of the legislation had to do with changes to the application and permitting process for wind power and micro hydro projects, but sections 10 and 11, tacked onto the end of the bill, were proposed changes to Title 38 MRSA §840 otherwise known as the Water Level Law. This is the law that governs the water level petition process including a requirement for an adjudicatory hearing. This Maine Legislature Information Page has links to everything pertaining to LD 1244.

I first became aware of the bill on April 24th, a few weeks after it was introduced, and I developed an immediate interest. I didn’t initially feel the need to bring it up on this site because the proposed changes to the law would not affect the Clary Lake water level order, which is already issued, though not yet enforced. However I believed the changes would have a profound impact on other parties contemplating their own water level petitions and so decided to take a stand on the issue. Though I missed the initial work group session where the ENR Committee solicited public testimony, I did attend a subsequent work group session, submitted written comments on behalf of the Clary Lake Association, and was given a brief opportunity to speak on the bill despite the time for public testimony having already passed. I am grateful to both chairs of the committee, Senator Saviello and Representative Welsh, for this opportunity. I believe the Committee heard what I had to say.

The changes requested by the Department included requiring mandatory mediation before any member of the public could file a petition, which I actually thought was a fine idea, but I felt the language was way too loose and needed to be tightened up. In addition, the Department wanted to raise the application fee to cover the actual costs of conducting an adjudicatory hearing. The original language of Section 11 as initially proposed is as follows: Continue reading →

17 June 2015: State Boat Launch unusable, still

The State boat launch with the water level 61″ below the top of the dam. The water has receded to the end of the ramp and there’s only a foot of water off the end of it, and exposed rocks 25′ out beyond it. Good luck trying to launch a boat. Photograph by George Fergusson 17 June 2015

The lake has fallen to 61″ below the top of the dam, a level we’ve seen only 3 other times in the last 4 years. As I was updating the water level chart this afternoon I noted that the level had reached the elevation of the end of the boat launch and so I decided to go over and take a picture. Even though I knew what I was going to find because I’ve seen it before, it was still surprising, and sad, seeing the ramp fully exposed like this. It was a beautiful day on Clary Lake with loads of sun and a light breeze, but there was nobody at the launch, no kids swimming, and no parked boat trailers. This was not surprising. The water level had indeed fallen to the end of the ramp; that condition and the exposed rocks beyond the end of it would no doubt discourage anyone from even trying to launch a boat here, or go swimming for that matter. The launch was designed to have a minimum of 2.3′ of water over the foot of the ramp and believe me, you need all of that to launch a boat. I’ve seen people struggle to get their boats on and off trailers when there wasn’t enough water to float them off, and I’ve done it myself. I’ve seen people pull in, survey the situation, and leave without attempting to launch their boat. And then I’ve see this.

I was talking this morning with someone at the store and the age-old question of how low can the lake fall came up. The lake level is currently at -61″ and falling about 1/4″ per day; Without rain, I think it can fall another couple of inches. You can’t get a kayak or canoe into the channel now, if you can even find it. So the lake is about bottomed out. I wrote about this back on 03 October 2014.

13 June 2015: Using the Clary Lake depth map on the lake

When I first posted about the Clary Lake Depth Map last week I mentioned that you could use it with a GPS in real time on a tablet or smartphone. I should have said “in principle” because at the time I actually hadn’t tried it yet… A couple of people asked me about this and I had to tell them that I was still working on it. Well now I have tried it, and I thought I ought to post something more about it. It turns out it DOES work (I knew it!) but it did take a little doing to get it working well out on the lake without an internet connection.

The tricks includ saving the map for “offline use” (see Google Maps “tips and tricks” for how to do this) turning off automatic screen rotation so the app doesn’t try to reload the map, not trying to zoom too much (people with a 3G or 4G data plan from their service provider and who can access the internet anywhere won’t have these issues). Above is a screenshot from my Nexus tablet I took the other day showing the Clary Lake depth map overlaid on Google Maps with GPS positioning enabled (the blue dot with the arrow head and ring around it shows where I was at the time, on my deck). As you move around the lake, the GPS updates your location shown on the map which makes it easy to locate a rock, ridge, or slope where you’re likely to find fish hanging out. How cool is that? This combines things I enjoy a lot, fishing, computers, and using maps. Now if I could just figure out how to convert the depth map into a format that can be uploaded to a Lowrance Mark IV depth finder, I’d be truly happy. You’d think this would be easy.

If you want to give this a try using your smartphone or tablet, first make sure you have location services enabled then copy and paste the following URL into your browser, and head out onto the lake:

https://www.google.com/maps/d/viewer?mid=zb1eVxqneIkk.kyhM9B_EX4Ks

If you try this let me know how you make out. Remember to subtract the current lake level (in feet, presently about 5′) from the depths shown on the map. This will also give you a good idea of areas around the lake to avoid due to lack of water.

10 June 2015: Lincoln County News: Clary Lake Mediation Ends Without Resolution

Abigail Adams photo (click the image for the article)

There is an article about the end of mediation of the Clary Lake water level order in this week’s Lincoln County News. The article, by reporter Abigail Adams, is factual and accurate but I thought it put too much emphasis on the confusion surrounding the dissolution of Pleasant Pond Mill LLC (PPM) and what effect, that will have on the Department of Environmental Protection’s enforcement of the water level order. As I understand it, despite various people speculating to the contrary, there is no reason to believe that PPM’s dissolution will have any impact at all on DEP’s ability to enforce the Order. Anthony Buxton, the PretiFlaherty attorney representing Kelley and Smith readily admits that State law allows PPM even after dissolution to serve as a petitioner in the appeal of the Department order but goes on to say that DEP’s attempting to force a dissolved company to comply with the water level order is a “metaphysical impossibility.” Time will tell. Here’s a link to the article:

Lincoln County News: Clary Lake Mediation Ends Without Resolution

Continue reading →

05 June 2015: Interactive Clary Lake Depth Map v2.0 now available

Fullscreen capture 652015 114727 AM.bmp (Mobile)

Clary Lake depth map v2.0 (click on the image to view the page)

I’ve added an updated version of the Clary Lake depth map to the site using an embedded Google Map. The page is located under the Charts & Data main menu heading and is entitled “Clary Lake Depth Map” and it’s pretty cool if I do say so myself. This new map has a contour interval of 1 foot and uses dynamically rendered depth labels so as you zoom and pan around the map the labels redraw so you can usually tell the depth of any line you’re looking at. If not you can click on any contour lines and find its depth. The depth contours are also color coded so the darker the line, the deeper it is. There are 8 color ranges, some of which are a little hard to distinguish. Click on the Legend link on the top left corner of the map to see them (if you can’t see the legend symbol, try resizing your browser window). I’ve also added a few colored dots marking rocks and ledges and plan to add a few more as time will permit. You can click on them as well to find out the depth. You can also change the map to use a satellite image instead of the standard terrain base map. Unfortunately, this can make the blue depth contour lines a little hard to see; when I have some time I’ll prepare a map with depth contours intended to be viewed on a satellite image. There are a lot of neat features available with Google Maps and I’m still learning, so expect the map to go through some changes.

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2015 Clary Lake Association Annual Meeting Scheduled

talking-heads-custom The Annual Meeting of the Clary Lake Association has been scheduled for Saturday August 1st, at 2:00 pm at the home of Ellis Percy and Joann Tribby. This is the same place we held the meeting last year and it worked out so well we decided to do it again this year. Their home is at 101 Old Madden Road in Jefferson. As a reminder, I’ve put a countdown timer in the sidebar right under the Weather widget showing the time remaining until the meeting. I’ve also updated the Meetings and Minutes page with the above information and will post additional material there as it becomes available.

We’ll be sending out the Summer 2015 newsletter in about a week which will include a membership form for the upcoming 2015/2016 membership year. Dues are still only $25 per year (the membership year runs from annual meeting to annual meeting) and we would encourage you to mail in your membership form prior to the annual meeting. Otherwise, please plan to show up at the meeting a half hour early to register and get settled as we have a lot of business to conduct and will want to start the meeting promptly at 2:00 pm. You’ll notice that we no longer ask for separate Summer and Winter addresses, they have been an endless source of confusion as in “the man with 2 watches will never know what time it is.” Please provide your main address where you get most of your mail and please include an email address if possible as it makes contacting you fast and easy!

Speaking of fast and easy, you can also sign up or renew your membership online using our secure Paypal subscription system. Fast. Easy.

The Clary Lake Association currently has about 67 members or about 62% of the eligible lake shore community. Now there are several ways to look at this figure. On the one hand, 62% is way more than the average participation rate for lake associations in Maine, and we should be proud and grateful that so many lake shore owners have decided to join us in our fight to protect Clary Lake. On the other hand, considering the dire circumstances facing our lake and the epic battle we’re fighting to protect and preserve it, one has to wonder why EVERY LAKE SHORE OWNER has not joined the Association! We’re facing an adversary who wishes to destroy the lake we have come to know and love, and we’re working hard to represent your interests and to protect and preserve Clary Lake for future generations. All we’re asking for is that you add your voice to ours and support us. We’d like to be able to say we represent ALL Clary Lake shore owners. Are you a member? If not, why not?

When you receive your copy of our newsletter later this summer, please consider joining the Association, and plan on coming to the Annual meeting. We need your support!

May 2015 water level chart archived

May 2015 Water Level Chart

Behold the May 2015 water level chart. After rising to within 12″ of the top of the dam on 23 April, the lake has fallen steadily to about where it was before the spring melt started back on March 24th. At that time the lake level was at -57.12″ below the top of the dam. At -56.04″ we’re within an inch of that now.

For the month of May, the lake level dropped 35.76″ in 31 days, or about 1.15″ per day, a rate that was negatively affected by the lack of rain. Normally we get about 3.7″ of rain in May which would have offset the fall in the lake level considerably, however this year we received only 0.60″ of rain for the entire month. As a result, as a quick look at the chart will show, the lake level fell every day. Also, because it was so dry, evaporation contributed significantly to the daily water level drop. Since the high on April 23rd, the lake level has fallen 43.32″ in 39 days or 1.11″ per day. Normally you would expect the rate of fall to slow gradually as the level dropped. Below 48″ the usual rate of fall is about 1/2″ per day.

We can all take comfort in knowing that this ongoing ecological disaster won’t be ongoing forever. It will be a little while longer, but normal water levels WILL BE RESTORED.

28 May 2015: A Black Crappie caught in Clary Lake

Jack Holland sent me a picture the other day of a full-grown Black Crappie that was caught by 9 year old Eric Richmond in Clary Lake last week. According to his mother Rachael Richmond, they were fishing near the State boat launch and caught the 2 fish in the photo at the same time (the other one is a white perch held by Eric’s sister). They let both fish go.

Jack tells me that he believes his neighbor has caught 2 crappies in the past couple of years so it sounds like there’s a new species of fish in Clary Lake. The Black Crappie aka Calico Bass (Pomoxis nigromaculatus) is a non-native species in Clary Lake meaning it was introduced either intentionally by someone who wanted to supplement the lake fishery or accidentally by an ice fisherman by releasing bait. Both actions are in violation of State law. From the Maine IF&W website:

Adult Size: Sexual maturity is reached between 2 and 4 years of age, at which time crappies may be 6 to 10 inches long. Typical crappie fisheries produce fish between 6 and 11 inches long, although crappies exceeding 14 inches and 3 pounds have been caught in Maine. I think it’s safe to assume there is a breeding population in Clary Lake now.

Black Crappie. Click on the image to go to the IF&W site

Identification: Closely resembling bass and sunfish species, which have 10-12 dorsal fin spines, crappies possess 6-8 dorsal fin spines. Body form is very deep and narrow (laterally compressed). Coloration is silvery-olive to golden brown, with an irregular mosaic of dark black blotches.

Crappies are a popular fish with a lot of people and are supposedly quite good eating. If you catch a crappie in Clary Lake, please let us know. Biologists with the IF&W would like to know too.

27 May 2015: Revised News Post

I have updated the 18 May 2015 post regarding the DEP dismissal of the Pleasant Pond Mill LLC’s petition for release from dam ownership or water level maintenance to include links to the document prepared by CLA attorney Ron Kreisman and submitted to DEP on April 7th. Here’s a link to that revised news post:

18 May 2015: DEP Dismisses PPM’s Petition for Release from Dam Ownership

For your convenience here are those link to the document CLA document. The first is the letter only (smaller document) and the second includes the attachments, which is much larger:

26 May 2015: KJ: Mediation over Clary Lake water level ends without resolution

There is an article by Paul Koenig in today’s Central Maine Papers (Kennebec Journal, Morning Sentinel) reporting on the ending of mediation of the Clary Lake water level order appeal. The article also mentions in passing the recent dismissal by the DEP of PPM’s Petition for release of dam ownership or water level maintenance. The article offers no new information beyond what we have already reported here in two separate postings (see dismissal of the petition for release and the termination of mediation).

Here’s a link to the article. Because of Centralmaine.com’s subscription policy, free access to articles is limited to 10 per month. In case anyone is unable to access the the article at the above link, here’s a local PDF copy:

Mediation over Clary Lake water level ends without resolution

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A strange visitor…

A strange visitor

The other day my neighbor Steven Giampetruzzi uploaded a couple of pictures to the website documenting his recent close encounter with a rather large specimen of northern water snake (Nerodia sipedon). From the picture it looks to be at least 3′ long and quite healthy looking, don’t you think?

I know some people are freaked out by snakes, but you shouldn’t let water snakes bother you because they’re harmless, non-venemous, and they eat leeches among other things. I’d always been told there were water snakes in Clary Lake, but it wasn’t until a couple of years ago that I actually saw one for the the first time. One afternoon I was sitting on my dock relaxing when I spotted what I thought was turtle swimming slowly toward me. As it got closer I could see it was a snake’s head, sticking out of the water like a submarine’s periscope. It got to within about a yard of the dock where I was sitting when it spotted me, and submerged. It was almost as big as the one in this picture. It turned out it was living under my dock and I I continued to see it and a smaller snake in the area off and on for the rest of the summer.

In any case, thanks Steve for uploading those awesome pictures! And a reminder to the rest of you, feel free to upload your own pictures to the site using the Picture Upload Page or just email them to me and I’ll post them.

18 May 2015: DEP Dismisses PPM’s Petition for Release from Dam Ownership

Last week, the Maine Department of Environmental Protection dismissed and returned to Paul Kelley and Pleasant Pond Mill LLC (PPM) its pending Petition for Release from Dam Ownership or Water Level Maintenance. The May 13, 2015 letter from Kathy Howatt, Hydropower Coordinator to Mr. Paul A. Kelley Jr. cited numerous reasons for its decision including a statement made by Mr. Kelley in an email sent to mediator John Sheldon on March 26, 2015 that PPM “never in fact owned” the Clary Lake dam, and the fact that Mr. Kelley has dissolved and cancelled PPM as a Maine Corporation (mediation is now officially over, see Mediation Report Filed with Superior Court). The letter further points out that the Department has not made any determination regarding the actual ownership of the dam but they do feel that the petition has either been voluntarily withdrawn through Kelley’s own actions, or no longer complies with statutory and rule requirements to be considered still valid. Here is a copy of the letter which we received earlier today:

DEP Letter Dismissing Petition for Release

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